here because we are looking out for you. new questions tonight about wh >> new questions on the on who in washington signed off on the early release of a convicted terrorist supporter. >> eric holder and the full weight of the justice department come down on the little sisters of the poor. >> we don't have salary so we go out begging. >> they are determined to win its fight against these nuns. >> she can't pass a test is a woman fouf enough to be a marine. >> the fight over that question is getting fierce and you will

see how. ♪ >> see how the lunch room complaints of thousands of students finally made a difference. tonight on the kelly files. >> developing tonight in an exclusive investigation. >> how do you feel? >> beyond joy. >> radical? now disbarred attorney convicted of aiding one of the worst terrorists is free from prison early and treated to a hero's welcome on new york city on new year's day. who in the obama administration is responsible for cutting her sentence in half as you were celebrating the holiday. i am megyn kelly, welcome. we have details on the story we brought you yesterday about attorney lynn stewart. in 2010 she was sentenced to ten

years in prison for conspireing to actively support this man, omar abdel rash am the blind sheikh. he's the spiritual leader of the death of thousands around the world. he is the person who bin laden deemed the fatwa that led to 9-11. the blind chsheikh was behind t 93 world trade center bombing that terror attack killed 6 people including a pregnant woman and a child. thousands more were injured. two years later the sheikh was convicted for plotting to blow up the u.n. and george washington bridge which would have potentially killed thousands. then even from behind bars he found ways to spread his evil beyond his prison cell. in 1997 his terror group slaughtered nearly 60 people at an egyptian tourist attraction. attackers tacking people to death with machetes and leaving a flier demanding the sheikh's

relief inside of one victim's body. it will be relevant in a minute. years later bin laden credited the sheikh for justifying the september 11th attack. how about the blind sheikh spread his message when he was locked up and unable to communicate. that's where his attorney came in. she was an attorney. she was caught carrying messages from the sheikh to the outside world. she was convicted of federal charges in 2005 sentenced to 10 years after a lengthy appeals fight. today she is free after serving less than 4 years. how did that happen and who signed off on this? jay sec ulo is here. how does it happen someone as controversial as this conspiracy to defraud the united states, convicted on con spur tee to

provide material support to terrorists, jay. how does she get a pass out of prison early? >> she gets a pass because the bureau of prisons had a policy that changed under eric holder which changed the criteria upon which these compassionate release she is sick, she is ill with cancer. they changed the policy and she is been able to within that policy had national lawyer's guild a far left legal organization to the extreme left petitioned eric holder twice for her release. the director of bureau of prisons reports directly to the attorney general of the united states signed off on the release. she walked out of prison signed executed she is out december 31st. as you said megyn four counts of felonies including conspireing with terrorists. she gave information from the blind chic to islamist gjihadis groups. she knew she was doing it she did it intentionally. she tried to in these conversations gar bell the

messages she knew was being taped. she made a mocker reof the court which was her sentence to 20 months said i can do that standing on my head. you correctly mentioned thousands of people are dead around the world because of this sheikh, this terrorist and his lawyer stopping the lawyer became the activist for his position. that is a dangerous thing. she is an officer of the court. >> no longer. >> i want to clarify this. this -- the blind sheikh among hz many other evil deeds unleashing hell in egypt. people slaughtering one another based in part upon his edict. then he goes to prison he can't call the shots any more. a cease fire took place in that battle. she came out with a message from him to those people in egypt saying, the he's cease fire -- it showed definitively he wanted that cease fire to stop he wanted the violence to resume. lynn stewart an american attorney representing him here decided to be his messenger on

that without his say so. he's like their god, they would not have resumed. she wanted to make sure they knew he wanted the murder to continue. >> she was already aware he was not allowed to have those kinds of communications. communication with terrorists is a felony anyway. she stopped being the lawyer in a sense when she became the activist for the chic's posit - sheikh's position. it was not her advocacy of the defendant she was punished for she w she violated four counts, four felonies of aiding abetting terrorists she became the mouth piece for the leader of the terrorist organization who is now behind bars. she is giving the information out and you have groups like the national lawyer's guild petitioning eric holder for her release. >> now i want to ask you specifically -- >> how about the people that got killed? is how about compassion on them including the world trade center. >> i want to ask specifically

w about who gave the order? you who pushed for this. i want to show you a little bit of lynn stewart released from prison talking about how horrible prison turned out to be. >> a letter that you wrote talking about prison being a loveless place. >> maybe if i write a letter and i put down just how terrible a place it is then it would move them. i don't know if it moved him. but he got the application and about 10:00 in the morning and at 2:00 in the afternoon it was signed and back at the prison. >> yeah, as it turns out prison is a loveless place it is not an enjoyable place. that's why we send convicted criminals there to learn a lesson and send a message to society. >> she had a lot of supporters, jay. they were chanting we love lynn. we love lynn. i realize she is an old woman 74. i realize she has stage four cancer and doctors are saying she has 18 months to live, and i

am sorry that she has this diagnosis, but the purpose for putting people in prison is many fold. one of them is to send a message to other wrong doers about where they will wind up. who, who specifically made this happen? >> you know, megyn, two things. one is it had to come from the director of the bureau of prisons. they report directly to the deputy attorney general of the united states. we know the national lawyer's guild upon which she was a member with an active member they are out there cheering for her. prison is a lousy place. eric holder modified the policies on these releases about 8 months ago. she then falls under the criteria for release and you know what, she is not -- no contrition on her end. she said what she did was wrong communicating these messages from a terrorist to the terror organization to unleash and violate and have a cease fire.

no. you have got to understand what happened here. the director of the bureau of prisons. >> charles jr.>> reports directly to the attorney general and eric holder. that's the way it works. there is no way she got out without eric holder knowing about it. impossible. >> this is bureau of prisons working with the doj to try to get this woman who is a convicted supporter of a convicted terrorist one of the worst convicted terrorists we have in the country to get her out early based on compassion because she is ill. >> by the way megan it says in the order by the united states attorney the department of justice conscienced to the motion. they brought the motion on behalf of the bureau of prisons. they report to the department of justice the attorney general the deputy attorney general in charge of it james coal in 2002 criticized in the legal times and other periodicals the bush administration on the war on

terror. >> she said her new mission is going to be to work on behalf of political prisoners and radicals and she can't fight the law but she is going to try. while she is they say dying of cancer. now that she has been free. i got to run. i got to run. >> it is unbelievable. >> at the end of the day eric holder is responsible. department of justice is responsible. they signed the order. >> we asked about the bureau of prisons statement but they said none would be forthcoming. if a woman can't pass the military fitness test is she really tough enough to be a marine. fair and balanced debate. why has the full weight of justice department fallen on the poor? >> in every count you are assisting in any way let's go to

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developing tonight, a legal battle pitting the u.s. government against nuns who

devoted their lives for caring for the elderly, poor and dying. a new court filing at the supreme court pushing against this against the order known as little sisters of the poor. the nuns are being asked to sign a forum that announced for employees to access a drug and sterilization technique under obamacare. the administration it's no big deal there's a form opting out of the obamacare. who are the nuns and how did they get here? here is a little video from them explaining. ♪ >> we give to the elderly. that's our life. when a people you care for look up at you they want to see

christ's face. you look down at them you have to have christ's faith. you have to know when to speak for them and express to the world and show the world that these people are still valuable, they are god's creation and whether they are of faith persuasion they have a home here. >> in these homes nobody dies alone. they will hold your hand. they will be singing. they will make you really feel somebody is there with you until the last breath. >> (indiscernible)

♪ >> we don't get a salary. we don't have enough income. we go begging. >> in every encounter when you are feeding them assisting them in any way, listening to them, all of those are opportunities of christ really living in them and we bring christ to them in ourselves is the most beautiful moment. when they are finally dying in the hand of god you have a

moment. >> senior council with the beckett fund, the name you saw on the video for religious liberty, he is lead council for little sisters of the poor and received a stay from sotomayor on forcing these nuns in to complying with obamacare this week. let me ask you, mark, congratulations on your victory but talk about being on the side of the angels. however the doj is fighting you tooth and nail on this. they say all your clients need to do they ask for an exception to this requirement the obama administrationstration give it to them. fi sign the form you are excepted. >> that form is a permission slip. that form authorizes and directs other people to provide

contraceptives sterilization and abortion introducing drugs. >> they say okay not thin this case because the insurer is a group of christian brothers. they won't be doing it either. >> a couple of things, one that's not just what the law says. the law says you would have to do it if you give them the form. the nuns whom you watched in the video they are not willing to sign a form to tell anybody to give out abortion inducing drugs. the government's pitch to the supreme court is go ahead sign the form, it doesn't mean anything don't worry about it. if that were true why is the justice department fighting the nuns all of the way to the supreme court just to make them sign the form. if it didn't mean anything the government wouldn't be fighting at the supreme court against the nuns. >> you watched video you see the good work the sisters are providing it is moving. you think this is the typical position for the obama administration to be in going up against these nuns. you read the commentary on-line.

i quote late.com that talks about the spectacle of these plaintiffs and i quote your clients the nuns trying to weasel out of nothing more onerous than signing a piece of paper. look at those sisters, those weasels according to slate.com. >> those sisters do the best and most important work or some of the best and most important good work of anybody in society. they take care of the needy elderly of our society and they care for them with dignity and love until they die. they are not weasels and they are not trying to weasel out of anything. they are catholic nuns. they have religious beliefs they live by. there are certain things they can't do. if a piece of paper is really a meaningless piece of paper why on earth is the government threatening with huge fines if they don't sign it. the piece of paper is the key to the government system to get people contraceptives and abortion drugs and get reimbursement payments made for the drugs. if the government wants to get the drugs to people some other

way and leave the sisters alone they can do that. the problem is the government has said sister you need to sign the form and you need to be a part of it. if you won't do it we are going to crush the beautiful ministry we are going to crush it with science. that's no way for the government to run. >> see how this plays out. thank you for being here. >> united that, meg begin. take care. we are getting reports roughly half of the new female marines have been unable to complete part of the basic fitness test at the end of boot camp. they need to do three pullups and more than half are not able. should they be disqualified? are we getting ready to lower the standards for the women. that debate is next. jesse james here along with steve hegda. >> remember pajama boy? hl kay healthcare talk one writer said images like that are a growing part of what is wrong with today's society our power panel next.

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from the world headquarters of fox news it's "the kelly file" with megyn ke >> a new debate the u.s. marine corps delays a physical fitness mandate for the female marines. it requires all females in the core to be able to do a minimum of three pullups. they realized more than half of the female recruits were unable to do it by the end of boot camp. >> females to get back for them to receive a score before you drop off the bar.

>> she served 20-years in the active marine corps and veteran of the iraq and afghanistan wars and founded concerned veterans of america. they do not see eye to eye on this issue. you say the test itself is unfair. why? a lot of people are thinking three pullups should be able to do that. >> what i have a problem with is what makes it unfair is they set this abstract standard without any research. they set it out there. 50 percent graduate without successfully treating this what have you done wrong? that's like setting a math exam 50 percent failed. the marine corps was not responsible not setting forth strategy to make sure they were successful with this mission.

don't set out standards without backing it up and make sure they are able before it becomes an embarrassment to the entire marine corps. >> they didn't pick the number of three pullups out of the air. they picked it because it was a minimum standard for men. if you demand equality rather than lower the standard you go to the minimal standard which was three pullups. if you want men and women to be treated the same way which is what you are oh military pentagon and marine corps are demanding you will go to the minimum standard with pullups. 50 percent of women were not passing it. you can do it for the combat units that will be carrying on the battlefield. men have always had a different standard. >> women are not raised to

develop their upper body strength in the way men are. from the time we are in school they have different activities they push men into to build that part of your body as opposed to women. the main beef guilt built into system as women realize what they need to do in order to hold the combat rules. >> women have 20 percent less upper body strength. that's a reality right there. i am not ever going to say women can't do three pullups but what i have a problem with when you set this goal and you don't have the proper training in place, and you are having recruits go to boot camp who are not receiving the training you need to take a look at yourself and look arrhard in the mirror. these are females going on active duty they should go through first base second base third base it's 12 weeks. they should be able to knockout those three pullups. what did they do set them up for failures? they did not evaluate the stamina of every female. >> but it's not about training it's about literal physical

differences. i have an immense amount of respect for women like jessie jane they add immense amount of value. as a platoon leader in iraq i want to have a guy or a person who is capable of crawling over that wall of dragging that heavy guy off the battlefield. i don't care about equality. i want standard. i want excellence. i want combat effectiveness. trying to pursue pursue a quality and make everybody feel good it is cutting out the marine corps because we are setting arbitrary standards it is us falling over ourselves as opposed to carrying out the best fighter. >> what is the solution? >> the reality is, it's a fitness test. when you grade fitness you have to take into consideration gender and stamina and age. they are not doing that. they are making us equal which is making it irrelevant course.

>> this relates to combat. you want them to be fit and capable. >> 3 pullups are a lot harder than they look. i didn't want to show anybody up. i would have. >> come on megyn. >> it has been a long time since i have seen the gym. >> thank you so much. great to see you. >> thank you megyn. in my head i am capable of doing it. >> what he has identified derailed obamacare. why he says this one will work. leonardo decaprio's new movie breaks an unusual new record. it is not one they are likely to brag about. e making more money we knew what to do with. >> we don' >> we don't work for you man. >> oh my god.

♪you may say i'm a dreamer

♪but i'm not the only one ♪i hope someday you'll join us ♪and the world will live as one♪

>> charlgs krauthammer has identified the most effective way to de rail obamacare. he says this one could very well worth. author of things that matter and syndicated columnist on the best seller list for 8 weeks in a row. charles great to see you. this is fascinating to me. i have been talking to one of the architects of obamacare who wants this plan to succeed. he told me as soon as the president engaged in a so-called fix the canceled people could stay on their plan. insurance companies would say yes this could be the beginning of the death spiral meaning the end of the law. you see it, too. explain it in terms people can understand. >> well, the whole plan depends on the insurance companying acting as the middleman. here's the problem. for the insurance company to make it through all of this financially alive, they need to have a certain number of leaves

and most important they need to have a ratio of young and healthys who pay the premiums and der reye t-- der rive the l amount of medical costs to subsidiz sicker. you have to have a lot of young people paying in. the older ones are going to be training the treasury of the insurance company. now, when we look at the rollout what a disaster it is, the low numbers and the fact that it looks to be unbalanced and what you talk about just a little bit earlier, all of the fixes even as unilaterally imposed on the insurers all of them are in one direction. it let's off the hook the young and the healthy allowing them to stay out of the plan. there is no employer mandate. it leaves out of these exchanges a lot of people who would be able to pay the premiums. what they are doing with every

one in these is undermine the financial structure of the insurance. that's why. after the last tweak which was done last week the insurance company spokesman said this is introducing instability into the market which is a way of saying we can go under if this continues. here is the one thing that would save the insurers. there is a provision in the law that allows the administration the government your tax money and mine to bail them out to cover the losses. here is why the gop had to act. you act now you pass the law no bailout of these giant insurers who were in on the construction of the whole observe care steam. that i think is a fatal mrau. if you don't allow the bailout i am not sure the insurers will be able to get through this without the insurers there is no obamacare. >> if we don't bail them out what may very well likely happen

is the premiums are going to sky rocket in year two of the program such that it may implode on its own. so either we bail them out for the thing may very well collapse. even if congress reads charles krauthammer and says that's a good idea house republicans and even if the senate democrats are shamed into signing this thing we have barack owe babb ma in a white house who is not going to sign a repeal of the bailout of his law. >> you might get overwhelming majorities in the two houses. you have democrats up for reelection. you are going to vote for a bailout of these fat cat insurers. i am not sure any of them are going to support that. you are going to get huge majorities in the house. i am not sure obama is going to with stand this. this will be a huge issue. in the end if you don't do the bailout and as you say the

premium sky rocket, what that means is with high premiums the young and healthys will drop out even more that's why it is called the death spiral. i am not sure there is any way it can be stopped. even if it is not mraj what a campaign issue this will be and how much it will hurt the democrats because if observe exercises the veto now what's he going to do next year after he lost this? >> good to see you. >> pleasure, thank you. a winter blast hitting much of the country. we will detail the temperatures in the negative digits in several spots making it not only very cold but very dangerous. plus see how the lunch room complaints of thousands of students may have forced the administration to make a big change in the menu. am does the first lady know about this? next. flush

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well, now we h n oh now we have new details. it's cold out. it's dam cold. how cold is it? take a look. >> the car said the temperature out here 5 degrees. >> just went tothe hardware store bought these goggles. >> how many times has he said

dress in layers. i thought today i don't want to get out of bed so i decided let me bring as much of my work with me as possible and this is working. i am not worried much about the snow i am worried about these dangerous windchills. >> our panel joins us now. former prosecutor christopher hawn and chuck schumer and allison barber of the washington beacon. this is something everyone is talking about, is it not? every where you go. i love the guy in a comforter. steve in philadelphia out there. that's how we all want to be when we leave our houses. it is cold. >> it is. how about this old fashioned idea of looking outside of your window or opening your door to see how cold it is or if it is raining or snowing. >> you are from atlanta aren't you? we know about the cold.

>> get over it. we canceled school when i was a kid they thought it would snow the night before. they all go to the airport. this is probably the most snow i have seen inner yaos. >> you don't see the local news any more. >> but i am talking about locals i have to admit i don't watch my local news all that much but when there is a big story i am glued to the news. >> there's something first of all snowfall is beautiful there's something dramatic about it. this is an inherent danger about it. we have the people in the midwest saying would you toughen up? we are talking about 32 degrees below in minnesota. >> in long island the first time since the 1980s. it is pretty crazy.

>> how is this such a big news story. >> put on your bunny slippers and your hat. >> i spent four years in albany where it was zero all of the time. i used to go out drinking when it was zero. >> i went to stanford university they never canceled classes because of snow. we had to rope toe ourselves to class. >> one year in buffalo state they had a rope when you crossed the campus in the winter. >> the people who want credit for showing up at work. when i practiced law. we had a memo we know it's inclim mant weather you are expected to have snow shoes and snow shoe your way into the office. >> i don't want to get credit for being here. i felt like it was an achievement. >> if we hadn't you should sw snow shoed in. you have to want it. >> 15 miles. >> one woman's opinion. let's move on. speaking of buttercups, the school children are gotten back

their big unhealthy lunches after protests like the one we have been showing in the teases. they came out michelle obama has been pushing for healthier lunches she wants the kids to eat better and be less obese. they complied the federal government made the lunches smaller and more nutritious and healthier and students came out with this talking about how hungry they are. however there is $3.8 million worth of uneaten fruits and vegetables. 70 percent of the money spent on introducing healthy foods go to waste. he didn't want it. >> there was a black market a lot of students would -- i am not kidding. they would do a black market. >> how many should do well by a salad. we have an obesity problem in america. if you eat the fat food go out and p run. they are playing video games.

>> they can eat healthy. what works for me might not work for someone else. >> kids are saying we are hungry. >> some of the calorie intakes 360 calories for 5th graders these are little machines running around. >> she won't eat anything healthy really for had a that matter but she runs around like a maniac all of the time. >> 60 -- 650 calories for a meal for a kid. >> used to eat quarter pounders with cheese all of the time. you have that 16-year-old metabolism. only when it catches up with you, moment on the list. >> as long as the kids are

runni running>> they got to run they got to move. a 12 minute run. >> whoa. >> run six minutes, that farrs. >> yeah. >> thank you stand by. we have more with our panel including what it means to be a man in the 21st century. >> the power panel is back and "hannity"" at the top of the hour. >> if you have a cell phone in america and you are unhappy with the government looking at your data, your record even the content go to facebook and sign up we would love to have you be a part of this class action lawsuit. >> i am only 17. b so...what if you could invest in the future? the future of kids? like a stock.

not the kind of stock that's about making money. but a stock for social change. a whole new kind of investment called better futures. when you invest, it helps kids go to college. i could be one of the first college graduates from my family. the first philanthropist from my neighborhood. and if i'm the first, then maybe there's a second. and a third. believe in us, invest in us. watch us grow. my name is sydni and i'm your dividend.

>> feminist camille getting attention for essay arguing there's no room for arguing against any one. she is sort of the feminist but a different strain of feminists. she is ticked off about this saying preschool primary school education is oppressive to boys anybody with physical energy no strong mail masculine role models any more. >> i was at a birthday party at laser kingdom none seemed wouldn't sayy to me. >> what are you trying to say? >> when you look around the room you can't find the woos. >> one guy here. >> and it is luke.

>> this is ridiculous. he played varsity supports. >> that is because the mother is a federal prosecutor. you get paid. >> they said men are obsolete because they are mailing in the workplace because the traditional household is vanishing and they are obsessed with their body hair the same way we are. >> you wanted me to open my shirt? >> no. we have the full picture up here. they should be focusing on more serious issues here.

it is contraception rights and that is a real war on women. >> she is talking about what we are doing to little boys they have physical energy they need to run they need to play. sit down and go to math camp. >> you know what? i play football in high school and college if we were always there we had 5,000 people in the stands. the women's field hockey team undefeated forever at my high school. >> what my point is men are celebrated for their achievements far more than women are. >> she is making a point. >> the boy who kissed the girl on the hand. i kafrnt do anything. i can't say anything. >> i have to move on. these guys aren't wouldn't says.

le leonardo decaprio the most movie f bombs of any movie of any movie 506 times every 60 seconds of the 180 minute film. >> the question is a all of this legal? >> absolutely not. >> this movie is getting all sorts of buzz for this. for allegedly glorifying a bad guy. i don't want to give away the story. but for allegedly glorifying a bad guy and in the end, what, free publicity? we are talking about it. >> look at the yahoo review. all of these f bombs nobody is really paying attention to them

because the other stuff is going on de poch re. >> it is store say see. >> if she brings your wife she is going to leave you. >> that is uncomfortable. >> it is like a soft porn so i don't know where i am going to see it who i am going to see it with. >> this remind me of the time when i was practicing law and some of the jr. lawyers and i went to see the movie "unfaithful"" together with richard gere. i was sitting in the middle these two guys were flanking me on the left and right. i am telling you, you did not touch your popcorn. pretend be nobody else was in the room. >> fatal attraction was the same thing. it made you nervous.

>> i am a huge fan. lil wayne used it every 23 minutes. if you were listening to that you heard a cuss word every minute for two hours. >> you would let them see how walter really works. >> there is debauchery. >> look at this. >> new york times best seller as well. we will talk more about that. . 's te for advil cold and sinus. [ male announcer ] truth is twon't relieve all your symptoms. new alka seltzer plus-d relieves more symptoms than any other behind the counter liquid gel. oh what a relief it is.

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> >> we are getting very funny tweets. check us out on facebook the kelly files. >> 2000 years ago one super power drones dominated the world it became famous for the military and having ruled in the law and a stable currency. they built beautiful buildings, aqueducts they created art ks literature, flourished for more than 200 years in relative peace and prosperity. then is crumbled. why? political leaders grabbed power. that turned many into tyrants who indulged into debauchery they raised taxes to pay for more increased rul