straight to the point. thanks for watching the first show of 2013. ms. megyn is next. i'm bill o'reilly. the spin stopseeeeeeeeeeeeere i year. we are definitely looking out for you. welcome to "the kelly file," everyone. happy new year. i'm megyn kelly live in new york. tonight -- a "the kelly file" exclusive. new reaction as the obama administration asks a judge to release the lawyer convict ed o trying to help a terrorist. plus, did we get a glimpse of the future? >> now, in our time, we face a different crisis. an inequality crisis. >> see why the democrats' most likely pick for president is embracing the far left message of the most liberal mayor.

and a man is shot and killed in a doorway, look what happens. >> how can you step over someone laying in a doorway and not help? >> why did these people ignore a dead man? >> how would they feel with their loved one sitting there? >> we'llvestigate tonight on "the kelly file." >> breaking tonight on a snowy evening in new york city and across much of the northeast. it is day two of obamacare. we are getting new numbers from the white house now on enrollment. the question for most of america, is your health care better now than it was a year ago. welcome to "the kelly file." the white house reported more than 2 million people enrolled, it says, in the federal and state exchanges. they hoped it would be 3 million. it's fallen short. we still don't know how many of those 3 million people, 2 million people have paid for the

plans. how many of them have coverage or what happened to the 6 million people who were kicked off their plans due to obamacare. what we are hearing -- insurers are reportedly getting thousands of faulty applications. 11 attorneys general are slamming the president's health care fixes as illegal and one of the supreme court justices nominated by president obama has temporarily blocked parts of the health care law from taking effect. host of power play on fox news.com live, chris, here we are in 2014 when obamacare goes into full swing. we've got, according to the prefontaine room it's now surpassed 6 million people, the number of people thrown off the plans. they are about to pay money for obamacare coverage.

where do we stand? >> that's the part offing is the insurance that actually gets you the medical care you want or need. that is a very open question. the concerning thing now is that of these 2.1 million, these people don't have insurance. they are enrolled. we don't know how many of them have insurance. they won't tell us. the administration won't yet tell us how many people have insurance. in october we asked how many people applied for obamacare. they said, we can't tell you. remember when it was six? when we found out later six people? no wonder they didn't say. >> we had six people lined up in the studio in case people needed help interpreting six. >> what that would feel like. on the internet it's even smaller. so of those 2.1 million people, how many are real.

how many are kboess ghosts in t machine? how many of them pay? we don't know. they're not saying. >> let me ask you this. in your power play column today you say this number, 2.1 million -- because they seem proud of it. >> right. >> you say this is a stunning admission of defeat. why is it? if they wanted 3 million, they have 2.1. 900,000 were the casualty of health care.gov being a failure which they say is running great now and those people come on board this the next few months, they think. >> you worked in the city long enough to know. whatever the number is at the end it's a towering achievement. if they went from 6 to 8 they would say it's fantastic. >> going in the right direction. >> making progress. but if you cause to be cancelled more than 6 million policies, touting the fact that you have

created, destroyed and recreated 2.1 million policies this leaves us in a 4 million insurance gap. obamacare was designed -- >> they say another 3 million are kids who were under age 26 who can now stay on their parents' policies. they're saying 2.1 enrolling in the private plan. 3.0, 26 and under. >> the kids are the kids. they have been touting them for years now. they exist. that's real. that doesn't change. how would you like it when they talk about medicaid. you could go from being a paying customer from insurance that rul hs in health care. to go from being that person to

a welfare insurance program that doesn't result in actual care and dumps you in the emergency room so you don't get real care but you get medicaid? that's not good. >> we have had people on the show talking about that. chris, thank you. >> you bet. happy new year. >> happy new year. insurers are complaining about serious problems plaguing health care.gov and a backlog of hundreds of thousands of unprocessed insurance regulations. insurance industry insider and a formerer executive of group benefits insurer. bob, they say this is # million. 2.1 million bought insurance on private exchanges. 26 and under for 3.0. they say the law helped 9 million people. >> think the numbers are right, but start over. first of all we are getting a

medicaid expansion, no doubt about it. there is a saying you can sell it better if you don't charge for it. medicaid is free. they have signed up 2.1 million people so far for health insurance in the private exchanges. there are a lot of cancelled policies out there. as they said before, 80, 85% of the people who have individual insurance will lose it by the end of 2014. many have been deferred by the end of the year. many insurance companies allowed that to happen. we don't know how many cancelled on january 1st. we do know in california, 800,000 policieses were cancelled january 1. >> as of. >> yes. and on january 1. we do know 260,000 policies were cancelled on january 1 in the state of washington.

>> what's your point? >> about 40% of these are subsidy eligible and should be buying policies this the exchanges. so the 2.1 million people who signed up, some significant portion are people who had cancelled policies. the bottom line is that less than 10% of the uninsured so far. i think we can be clear, have signed up for health insurance under obamacare. >> what are you seeing about the percentage of sick people versus healthy? >> we aren't going to know for sure for months. we know the people signing up are older in age which likely means sicker. it doesn't take einstein to figure out the first people through the door will be sick people desperate t for health insurance for years. if you've got less than 2 million people signing up, and

it's less than 10% of the uninsured, obviously it will be a sick population. obamacare has proven they can set people up efficiently. between now and march 21 they have to prove healthy uninsured people want to buy this. that's the challenge. >> i don't know about efficiently. a lot of the viewers may take with that. i have to leaf it there. >> good seeing you. >> a hundred million people are in the path of a powerful winter storm as some of the worst conditions are expected to hit any time now. boy, it's getting snowy in new york city. we have new details on what happens next. plus, lots of questions about a video showing people ignoring and in some cases stepping right over a dying man. is this what it's come to -- our society? we'll investigate.

and she was sent to prison for helping smuggle messages for one of the world's worst terrorists. a terrorist link to the first world trade center bombing who inspired the second. now she's been released early thanks to a request by the obama administration. how on earth did that happen? next. ♪ we're gonna be late. ♪ ♪ ♪ oh are we early? [ malennouncer ] mmute yo way with the bold, all-w nissan rogue. ♪

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video from the 1993 world trade center bombing that left six dead, more than a thousand injured and the nation shaken. tonight those memories are outweighed by progressive politics basically. the convicted terrorist known as the blind sheikh accused of conspiring the attack was put behind bars threatening to bomb multiple landmarks. after prison he was banned from communication with the outside. attorney lynn stewart with with violated the rules and was convicted of helping smuggle messages from the convicted blind sheikh to his terrorist groups abroad. supposed to be behind bars until 2018, she was. now she's a free woman thankses

to a helping hand from the administration. now in a "the kelly file" exclusive debra burlingame. she's sister of the late catherine charles burlingame who piloted the plane that was crashed on 9/11. she had stage four breast cancer and didn't want to die in a strange, loveless place. so pursuant to a request by the administration the judge said, off you go. now she's a free woman. supposed to be released in 2018. >> she's been trying to get out on compassionate release for some time. she was actually in remission from cancerment they expected her to live another 18 months, maybe less. she looked hail and hearty at laguardia, giving interviews to the press again. she's remorseless.

she called the blind sheikh whose followers have maimed, mutilated, killed dozens of people in an effort to get him released she calls him the hero of the mujahadin. she did more than get messages out. she facilitated meetings between the blind sheikh and his lieutenants, if you will. impersonating a translator inside the maximum prison where he was being held. she pretended to be listening to the translation. she even joked in the middle of one of the settings that she should get an academy award for how well she was doing at pretending to have a lawyer-client meeting. >> after one of the messages was sent owe, over 60 people were slaughtered in egypt by members of the blind sheikh's organization. the bodies were mutilated.

the torso of a female victim was slit and a leaflet calling for the blind sheikh's release was inserted. >> he was imprisoned in 1996. that happened in 1997. she knows perfectly well what he's done and that he was the inspiration. a year before 9/11 that he was the honorable omar sheikh raman and later said he gave to fatwah for 9/11. he has bloody hands. she was con vicked of material support. >> so she helped him after that

happened with the people calling for his release knowing this happened in egypt, she helped him. none nonetheless. now is asking for compassion for her. >> she talked about my beloved new york. so great to be here. her beloved new york, the guy she calls a hero is responsible for the deaths -- in fact, his cell hit the world trade center. >> why would the administration -- >> blown to pieces in the garage of that place. >> why would the administration have to do this? why would they help her? >> you have to remember that the attorney general has a say in this. the attorney general is the one who signs off every year on the security administrative directive, what they call the

special administrative procedure he sure that is keep him away from the press. she had to sign a paper saying she would agree never to relay messages. >> she was convicted. >> also her sentence got jacked up to ten years after the appellate levels. she personjured herself on the stand. eric holder helped in the faln terrorist. he was the go-to guy in the reno justice department who made it happen. eric holder is the guy who hired a t lot of gitmo lawyers who did this same thing at guantanamo. breaking the rules and getting messages out all around the world. >> when you think of her saying she didn't want to die in a strange, loveless place and how innocent victims died at the hands of the terrorists.

>> i think about the eight children who died on 9/11, five on my brother's plane. the mastermind behind it was inspired by her client. >> this guy who she helped. >> happy new year to you. >> unbelievable. taking your thoughts on twitter. let me know what you think. yesterday one of america's most liberal mayors promised a bold new agenda for new york city. what are of the clintons appearing there. bill clinton swore him in. appearing to embrace his message. and they vowed until death do us part. but something came first. the wife who spent three-quarters of a million on the girlfriend.

from the world headquarters of fox news it's "the kelly file" with megyn kelly. >> tonight a tale of love that went a little wrong. steven and candice met in 2010, got married in 2011. soon after the wedding steven started disappearing for long periods of time with no ex pla nation. that's the first clue something is amiss. they allege he later said it was because he had a gambling problem and owed money to the mob. he convinced his wife to dip into her trust fund to the tune of hundreds of thousands of dollars to pay it, she allege this is the court complaint. when steven went missing again for further periods of time candice hired a p.i. who reportedly caught him with with another woman. now she's suing to get the money back plus $10 million in damages. that's not all. joining me, the host of "judge

alex t" t and a retired judge. this story is unbelievable to me. her father made money because he invented seamless underwear. >> which he will be admired for for a long time. >> i thought that was the lady who invented spanx or the thong. he provided a value to society. this guy she met at beach bum tanning who married her within 11 months, she had a massive scam on her or so she alleges in the complaint. >> she gets married and shortly after he starts disappearing for days at t a time. that's a clue. i see it. women who ignore every sign in front of them and tie up with a loser. i don't know what it is about the xx chromosome that makes a woman say i can fix this guy. i can make it better. she ignores it and comes up with

the story he owes money to the mob. he takes her for $750,000 in the way of gifts, trips to the dominican republic, trips to las vegas. she finally catches on. i love cases like this. the rest of us guys look like saints when you compare us to a weasel like this. if the allegations are true. >> a piece of wisdom. they say women marry men thinking they will change. and they don't. men marry women thinking they will never change and they do. >> true. >> apparently this woman claims she was kplocompletely outraged she claims they, quote, further consummated the marriage at their home. he told his wife he was going down stairs because he was having trouble sleeping and he disappeared again. days later she found out he was

on vacation in the dominican republic with the affair partner. so he's leaving the house in the middle of the night. this set her off. then judge, here is the relevant piece for you as the fake judge of the case. she tried to get him to admit fraud on tape. when she was wired in july of 2012. they allege he seduced her so he could destroy the wire. she wears a wire. he seduces her again and she can still sue him? >> what did i tell you about this xx chromosome? it's unbelievable behavior. he takes her to the bank, gets

it in cash. goes to a car where there is a friend pretending to be a mobster. goes through, okay, you bought your husband's life back. this thing would be a movie and you would go, this can't be real. >> if smek prove this, she wins. does she win $10 million in addition to what she paid him? >> she may because a jury will hate these people including the girlfriend who sent her a text message that said -- >> don't repeat that. >> i won't repeat it. >> bad. >> your husband is here now. this is what we are doing. it was graphic. >> very. >> collecting on the $10 million won't happen. >> and bilingual. people can google it. >> they might get prosecutedle criminally. that's an option. you can prosecute your spouse. you are not protected with

fraud. >> the partner denies everything. she fired a sexual harassment claim against the wife with. that was dismissed. we'll see. oh, my. good to see you. >> on grand theft alone he could face 15 years in prison. thanks for having me on. >> i think our facebook page is pg. i don't think we'll repeat that message. you can google it. i don't recommend it. it's dirty in a gross, sad way. coming up, a powerful, dangerous winter storm is sweeping across the northeast. in some of the worst conditions are arriving now. next a look at what it means for you. plus, what did hillary clinton and one of the most liberal mayors have in common. the answer is after the break. >> we are called to put an end

to economic and social inequalitieses that threaten to unravel the city we love. er ] the person who said, "if you love something, set it free"

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a powerful winter storm hitting a third of all americans now. 100 million people in 22 states are in the path of this thing. the worst conditions now. watches and warnings from chicago to new england dumping more than a foot of snow in places and spreading sub zero wind chills. fox team coverage now. janice and todd -- look at him in new york city. you have to laugh a little, right? it's dangerous. but it's also -- well, it's dangerous. >> better him than me. put it that way.

it's dangerous because the temperatures will drop. winds in excess of 50 miles per hour. stay off the roadways. blizzard warnings from long island to maine. the storms will combine off the coast and give us our first nor'easter of 2014. we are already seeing snow filling in for philadelphia, province, rhode island. these are the wind gusts and the storm hasn't gotten cranked up yet. 28 in montauk. 23 at portland. we could see wind gusts in excess of 51 miles per hour. officials shut down the long island expressway. we have seen 20 inches of snow north of boston. the temperatures will drop. we'll see wind chills below zero from new york city north and west. so although we have a snow day

for a lot of kids, they t cannot be out in the sub zero wind chills. back to you. >> does that mean you and i are having another night in bed together? >> oh, my goodness. i have no words except we'll be on youtube. >> during hurricane sandy there were no hotel rooms and janice and i shared one. so there were enough rooms for all the people on air. >> you are the only female i have ever shared a bed with. >> there you go. thank you for sharing and oversharing. see you, hon. >> we are god mother to each other's children. it's not like that. todd is live in manhattan where the snow is coming down. >> this is not winter wonderland snow. this is mean and nasty like someone opened a freezer door and turned on the industrial

fan. we are under a winter storm warning. the snows have been falling for a couple of hours. about an inch and a half. we are at central park normally and this area is full. it's mostly a ghost land. i want to show you how cold it is here. i put sweet tea in my "duck dynasty" glass. it's frozen solid. >> thanks for braving the weather for us. >> thanks, megyn. >> i have a head cold which is the only reason i'm not out with todd. my eyes are watering and i'm not

crying over todd. i do feel bad he's out there. bill deblasio was sworn in by bill clinton. he and hillary clinton embracing bill deblasio. the first to take office in decades. he had this to say about what he hopes to achieve. >> we are called to put an end to economic and social in ti that threatens to unravel the city we love. today we commit to a new progressive new york. we commit to more affordable housing.

we'll expand community health into neighborhoods in need so new yorkers see our city not as the exclusive domain of the 1%. we'll ask the wealthy to pay more in taxes so we can offer full-day universal pre-k for every child in the city. after school programs for every middle school child. now in our time we face a different crisis. an inequality crisis. not often the our daily newspapers. it's a quiet crisis but no less pernicious than those who came before. working together, we'll make this one city.

that march to keep the promise of new york alive for the next generation. it begins today. >> joining me now, lanny davis. you have everybody from the washington post to the daily basis. opinion columnist and straight news reporters saying that event was significant and told a lot about where hillary clinton intends to position herself if and when she runs for president. >> there is a little bit of overplay here. start with the fact that bill and hillary clinton are loyal friends who reciprocate loyalty and friendship. bill deblasio was the campaign

manager, served in clinton's administration. he was there as a friend. they are progressive democrats and that language and rhetoric and goals make us democrats. it's why my dad loved franklin roosevelt. they are cleaning up snow and it's the potholes. that's the priority. as progressive democrats they share values and goals. >> there are far left comments in the introduction talking about new york being a plantation and so on. the mayor got up -- the guy you say shares the clintons' ideology and says this is the tale of two cities. the exclusive domain of the 1%. that conservatives believe the way forward is to give more to the most fortunate. it's us against the elite in the

city. is that what we are going to hear from hillary clinton? i said values and goals. i didn't say everybody agrees as fellow liberals on the means to the goals. bill clinton is not a progressive from the earliest days i knew him back in law school. he balanced the budget when a conservative republican president left the deficit, created 23 million. mayor deblasio ran hillary clinton's campaign. he has to agree economic growth in the private sector are the real ways to reduce the terrible -- >> wants tax hikes on the rich in thork. >> i think they did support increasing taxes. >> makes it sound like the rich aren't paying taxes at all.

the millionaires are the heaviest taxed people in the country. he says a tale of two cities. the elite 1%. they need to pay more. isn't it more class division along the lines of what we have heard? it's too much we versus them. one city is what he ended up with. economic growth and the private sector driving jobs and the terrible income disparity he describes as real. liberals want to do something about it. bill clinton proved you could be a liberal. be with promarket and pro private sector. hillary clinton thinks they are reconcilable. and the potholes, stupid. you have to fill the potholes. >> how did you get so smart? >> if anybody should get a

reward besides that reporter it's what i did to get here tonight. >> thank you very much. happy new year. >> and to you. >> we have had trouble with guests tonight. it's channelling to produce a live broadcast. up next, lots of questions about a video showing people ignoring, stepping right over a dying man. can you imagine doing this? we'll investigate. [ me announcer ] this is the story

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a disturbing video. moments after a man is gunned down in a convenience store customers come and go stepping over the dying man. no one callses for help for five minutes. joining me now, criminal defense attorney arthur idala. and david webb, cofounder of tea party 365. that's disgusting. >> it is. >> okay, there may be danger and step back. i don't get stepping over the dead body. >> and let the door slam on him. his name is gerald wright. he had two young daughters. he was a graduate t from high school working through community college. the idea that we don't see his humanity lying on the ground is shocking. >> i want to ask you, dr. adlo

talks about how we are too much like this. we are not connecting. he thinks that's why we don't see people. >> it started with the walkman. we insulated ourselves from society. now it's an iphone or ipod. we have become almost immune to humanity. the convenience store has a phone, a clerk, somebody working there. you can see in the video the clerk is there like many stores. you've got to ask yourself, where do you disconnect and we have a real problem in society. how do we make a reconnection? >> in brooklyn a woman falls off an emergency room chair and dies. i believe the it is a half hour. security guards, other patients, nurses. you are in a hospital. he sat down, did his research.

they couldn't find a strong enough law that was applicable because there is no criminal law for stepping over a dead body. >> they don't require you to be a good samaritan. >> in terms of putting handcuffs on somebody and prosecuting them it's disgusting. but it wasn't a crime. >> maybe we are all too old. maybe we need a panel of 20-year-olds who have grown up in the past 10, 15 years doing this. i don't know how one gets so disconnected that one steps right over. the guy t got in trouble for taking a picture of the guy who was pushed under the subway -- >> the selfie on the bridge. >> you are interacting with a suffering human being. and you literally step over him. >> go to the parents, the people teaching. what were we taught about just being people?

this is where it's losing. we have a generation of people who are frankly not qualified to be parents, raising children who then grow up to be adults without that context t. it is a technology issue. it started with the sony walkman to today. you can't blame the technology. >> what happened in the schoolyard when i saw a fight and i calmed it down. i was a little kid. but that's how i was brought up. >> in connecticut there was a hit-and-run. the guy was lying in the road. no one called for help. when we see things like newtown, connecticut, and do deconstructions there needs to be more connection.

society needs to watch out for people. are these examples of today the's society or just the worst of humanity. >> it's an example that can spread. anyone, not just a parent in a position. teaching or set an example including peers. peers play a big role. >> dr. adlo says we are too engaged to be followers. they think others know something we don't. maybe he's drunk. >> the mother of the young man is like i hope t none of you sleep t at night. you walked over my dying son. >> on that note, we'll shift gears. we have important photos of arthur after the break. and a major winter storm impacting one-third of america. coming up, the way some people

note that including one of the paneli panelists. hannity t at the top of the hour. >> the one group that likes this -- and this is the dirty little secret of obamacare. while people are losing coverage the health insurance industry the health insurance industry loves she keeps you on your toes. you wouldn't have it any other way. the health insurance industry loves but your erectile dysfunction - it could be a question of blood flow. cialisadalafil for daily use helps you be ready anytime the moment's right. you can beore confident in your ability to be ready. and the me cialis is the only daily ed tablet approved to treat ed and symptoms of bph, like needing to go frequent or urgently. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates forhest pain, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, get medical he right away for an erection lasting more than four hours.

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underwear. >> what's the story there? you can eat and bathe if you get hungry. >> they're only eating lettuce and have to make it convenient. here's the point. they're trying to make a point we have to be healthy and organic in everything we do. we can't be assaulting animals and being cruel to them and make sure we're living our values in our bodies. >> like turning over a new leaf. >> one of our panelists decided -- you have no problem with these cool temperatures in fact you love and embrace them. >> i have a problem with it. it's for charity, megyn. >> you know what else you can do for charity? write a check. >> the polar bear jump swim on coney island is a spectacular tradition going on for100 years or somewhere in that neighborhood. we're all a bunch of lunatics

and led by those pictured there. megyn, it's cold and you need to get pretty fired up, like your adrenaline really needs to get going. we have flags, we have champagne and the italian cake. we all get riled up and run in and it's cold. it's really cold. >> are you telling me there's alcohol involved? >> afterwards. not before or i wouldn't be healthy. afterwards. for a good cause. >> can i say one thing. is there any "seinfeld" fan in the audience? i will leave it there. >> we'll be right back. been that kind of show. that's why we created the share the love event. by the end of this year, the total donated by subaru could reach 35 million dollars. you get a great deal on a new baru. 'll donate 250 dollars to a choice of charities

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check out snow. stay tuned for the latest. thanks for watching. i'm megyn kelly. 2014, the year of obamacare has arrived. hello, everyone. i'm in tonight for sean. coverage on the new obamacare marketplace kicked off yesterday and the individual mandate is now the law of the land. to say the future of the train wreck is uncertain would be a monumental under statement. a houston area hospital is blaming obamacare for being unable to pay employees for nearly a month saying the