for watching us tonight. and remember, the spin stops her because we're looking out for you. i'm megan kelly live in new york city, and tonight. kill the bill! >> new reports the democrats have taken some quiet steps to silence conservative groups in the upcoming midterms. >> just tell me how is it fair? >> ready? >> i am. >> he's back. anthony weiner and i go one-on-one for the first time in almost three years. and wait until you see what he says. and then -- >> a couple of times, he definitely appeared to be choking. >> the media go to bat for a convicted killer after he was put to death. but who is standing up for his

victim? we have got that part of the story. and charles krauthammer has no details on what could turn into a multimillion dollar bailout for the insurance industry, on "the kelley file" right now. and breaking tonight, controversy over an execution in ohio now getting attention around the world after complaints the convicted murder suffered too much in his final moments. welcome to "the kelley file" everyone, i'm megan kelley. she went missing in 1989. her body was found in the woods near a local creek. her throat had been slit and she had been raped. it took ten months for prosecutors to get their first real lead in connection with her

murder. a -- claimed that his mother-in-law had murdered her. he described details only the killer would know. he was charged, tried and convicted. and in 1994, he was sentenced to death. yesterday that death sentence was carried out. maguire was injected with a mixture of drugs that took 24 minutes to take effect. the maguire family is reportedly planning to file a lawsuit saying the execution violated his constitutional right not to be punished in a cruel or unusual way. and the maguire family is apparently not alone in their outrage. this execution became a huge story around the world today. with headlines like the one in the huffington post, calling this a nightmare execution in

ohio. saying that he, quote gasped for air. the local pape in youngstown, ohio called this a, quote--the american thinker block went so far as to call this a barbaric, grizzly execution for the ohio murder. but in the stories that went with those headlines and dozens more like them, there was little mention of joy stewart and what she suffered at the hands of this man. josh swaggart is a reporter for the dayton daily news and he was in the room for maguire's final moments. josh, thank you for being here, so walk us through it because what happened in that room will be the basis of this lawsuit and could potentially have an impact on the death penalty in ohio and beyond. >> thank you. i was there as a media witness, i stood on the doorway between the two witness chambers,

there's one room where the victim's family sits, the other room where the inmate's family sits. they brought mr. maguire in, laid him on the table, before they gave him the fatal injection, they asked if he had any last words, he said very brief things, thanking the stewart family for the letter they sent. he said i'm going to heaven, i'll see you there when you come. the drugs kicked in and he appeared to be asleep for about five minutes and then he convulsed, he gasped, for the next ten minutes, he was gasping for air, he appeared to be unconscious, it's unclear if he was aware of what was going on, but his body was making some deep inhales, sort of like a violent snore, that went on for several minutes, during that time his family was crying.

the victim's family watched stow wickly. after ten minutes of that, the ward on signaled for the physician to come n they inspected him and the time of death was declared at 10:53 a.m. so the whole process took a little over 20 minutes. >> when you heard the gasping, that was after you believed him to be asleep or unconscious? >> yes, he hadn't moved for several minutes. about five minutes went by with just his family crying quietly, no one else saying a word. he laid there, appeared to be asleep before he started convulsing or gasping, i have only seen one execution and people say it usually happens much faster. there's some action at the beginning, but the whole thing lasts just a few minutes and any animation that there is is over in the first few minutes. >> josh, thank you for being here. >> thank you. >> we are hearing the outrage over the execution of the convicted killer dennis maguire,

but what about the real victim in all of this? joy stewart was 22 years old, she was nearly eight months pregnant whemanage brutally and repeatedly raped her in the woods where she died alone. he investigated the murder of joy stewart and helped put dennis maguire behind bars. david thank you for being here, and understanding that people feel very differently about the death penalty, it's been amazing to see the reaction to the pain and suffering he may have experienced or may not have, we don't know. with so little mention about the real victim here. your thoughts? >> yes, and of course my side of it is that it's totally on the victim's side. i'm sure that joy stewart suffered a lot more than dennis maguire did, as you stated, she

was brutally kidnapped and brutally raped at the hands of dennis maguire and through a lengthy investigation, people was eliminated and based on his own words to me, implicated himself and that led to the investigation, to ultimately some dna testing and other information where he told other people, trying to blame it on a brother-in-law, jerry richardson. so in my eyes, my sympathies go with the family that lost their loved one, lost a baby that will never, ever experience what everyone else experienced, never experienced being held and being kissed, staying with grandma and grandpa, that baby never had a choice and neither did joy. >> the family of the son, of the

murder, who's also named dennis, the father and son both named dennis, had this reaction to what happened during the execution. he said this after the execution yesterday. listen. >> the agony and terror of watching my dad suffocate to death lasted more than 19 minutes, it was the most awful moment in my life to witness my dad's execution, i can't think of any other way to describe it than torture. >> this wasn't it. there was another one where he talked about how the victim of his father's crime didn't have an audience, didn't have a circus there to watch what she went through, we all had to be put through it, he said, we had two rooms full of people watching him suffer and being tortured to death. your thoughts about the victim being referred to as just the victim. and it seems to me he's suggesting his father, the

situation was more gruesome because his children were there to witness it. >> yes, the victim does have the name and that's joy stewart and there was a little baby involved and even joy's husband, kenny stewart, as the investigation proceeded, he ended up taking his own life. so we ended up with three dead people over this one incident and as far as, you know, i hate to see what the maguire family had to go through, but if i'm not mistaken, it was elective on whether they went on not. it was totally up to them whether they chose to watch it or not. >> and i mean, of course, you know better than anybody that, you know, the reason no one was there to watch joy stewart get murdered, she had no children there to watch her murder was because she was carrying the only child she had and he too was a victim, a murder victim that night. i mean it just -- the focus in this case has gone to a place,

in any event, right now in this country, we still have a healthy majority, 60% plus who favor the death penalty, although that is a decline from what it was in the late '80s and early' 90s. just hours ago, the obama administration responding to the kelley file, denying reporting from multiple media outlets that they were caught misleading the american people over obama care enrollment numbers. we spelled it out for you last nigh night. we are also getting new details on what could be a multimillion dollar bailout to keep the insurance industry afloat. charles t bailout looks like

it's going to happen at this point? >> it looks like it's going to have to happen because what the insurers call adverse selection, if you don't have enough young and healthy to subsidize the older and the sicker in the exchanges, then the insurance are going to lose a ton of money and the numbers are way down. the percentage of the young and the healthy is so low that if it's continued, and there's no reason to think otherwise, the insurers are going to be out a huge amount of money. but buried in the 2,000-page monstrosity called obama care are two provisions that allow your tax money and mine to bail out the insurers. and i think it would be a good time for the gop to pass a one line legislation repealing those

two lines in the bill. that would be a moment of truth for obama care. >> if we as taxpayers don't pay out the insurance companies, they don't get saved from their bad risk pool. and then the architects of obama care told me that's when you begin the death spiral which moons the law starts imploding. and the insurance companies are not going to provide insurance for free and the premiums that people are paying will go way, way up. and the system will collapse. and some people are saying, great, but then what are we left with? single payer? the government steps in to take over? >> that's been the scenario against what i've advocated. but i find it -- that a company that just suffered through a year, say a year and a half of seminationalization of health care and seeing what a disaster it is starting with the website, and ending with people losing their insurance, the bankruptcy

of insurance companies that, a country having suffered through seminationalization is going to want to choose now total nationalization, i think that's completely implausible. i think what will happen is either the insurers will pull out of the exchanges, in which case it implodes and we have to do something else,care will be evis rated, or the insurers are going to be stuck inside of it and they will begin to lobby against it. because remember, the insurers were co-opted into the system, their part of the obama administration, the construction of obama care, they were given the insurance, you know, we'll give you a cushion, you take that away, the insurers will be running around with their hair on fire and they're not going to look that favorably upon a system that will destroy them. >> and are they going to need the bailout, it's looking more and more like it will.

their goal was to have 40% of people signing up who are young people. and now they're saying maybe 30% is good. but they told us already that they need 40%. and charles, apparently, the solution to get more young people enrolled and involved in the government health care program is richard simmons. let's show the audience a clip of what they're rolling out next. ♪ be responsible about your health ♪ ♪ get covered ♪ get covered ♪. >> never did i think i would have the opportunity to ask charles krauthammer about something like this, but your thoughts? >> here's how it works. you watch the video, it induces such a national wave of nausea

and headaches that people will be running to the website to sign up. i think that's got to be the strategy. >> you're the psychiatrist and you would know best. first we had pajama boy, which would inspire people to get health care coverage over christmas. but we're paying for it, and the truth is, we don't know how bad things are right now, we started by saying they fudged the medicaid numbers, and we heard testimony from cnn that the 2.3 million they claim to have enrolled in the paying part of the website, we don't know whether that number is real at all because we don't know honok many of them have been paid. >> all the numbers you get from the administration are either inflated or made up, like the enrollment number because nobody has any idea. look, it's as if their amazon were to count as customers, not people who went to checkout, but

people who simply had stuff in their cart. that's not how it works in the private sector. but the administration is pretending if you have a plan in your cart but you haven't paid for it, you are enrolled. we'll see. i think this is a vast inflation of their enrollment numbers and the only way to produce the illusion that this is working. because once the illusion is removed, i think it collapses under its even weight. >> do you think the no-bailout push in the house has any chance of actually passing? president obama is not going to pass it if it does pass. >> it will stop in the senate and then i would be a little bit adventuresome if i were the gop. imagine a democratic red state senators or even obama arguing to the nation, i'm willing to see the dead ceiling breached,

america losing the full faith and credit of our debt, our currency in order to preserve the bailout of insurance companies, that's not an easy case to make. if you are mary landrieu and you're in a tough race in louisiana for re-election, that will sink you. >> charles, great to see you. thank you. in other news, we are reading that the democrats are taking steps to silence conservative groups in the upcoming midterms. digital politics editor is with us now. how, chris? >> well, remember that thing about the targeting? there was kind of a little bit of a scandal about that last year with the irs? and a lot of americans don't know this, but speech is regulated in the united states, i guess by the fcc you could say, but substantially by the irs, in the sense that if you pay money to share your message,

the irs gets to scrutinize if you're doing it for -- and they get to determine the tax you pay and all that stuff. it turns out the administration -- it wasn't actually really targeting, but the -- it just so happened that the president's enemies were the victims of this targeting, but the problem with the rules. so now what they want to do is essentially memorialize the things that were done into the new rule book, so that what was previously decried as targeting. >> so the illusion is not to stop the targeting, but it's no nak the targeting illegal. >> if you want to put it that way, i guess you could say that. >> who could qualify as -- their first reaction, some of

them, to the news that the irs is targeting conservative groups was they shouldn't have been out there doing what they were doing to begin with. the target was justified because they shouldn't have been out there advocates for limited government. some say you're missing the point. you do it on the left, you can't just say, oh, they shouldn't be doing it, you have to say, hey, the rules should apply equally to both parties and the democrats said you should tighten the noose so they're not allowed to be doing what they're doing. so fewer and fewer tea party groups are going to be able to engage in political activity. >> if i put a billboard up that said global warming is death at the same time congress is considering new taxes on carbon emission, wouldn't that be political speech? well, no, not under this, the point being, conservative groups that are talking about the government, the issue, the thing

that conservatives care about is the federal government, that they think it's too big, too abusive, too large. so what issue do they talk about all the time? hating the federal government. we environmentalists talk about environmental policy that's being voted on, that's excluded. but if you talk about hating the government, that's included and you're targeted. >> read, writing and a check up from the shrink? screening for all students. and what happens if that doesn't go well to your kids. what the reasons should do is boycott. >> a new call to arms from one of america's leading conservatives. and he's back. >> what have you been up to? >> not much going on. >> my one-on-one interview with anthony weiner, on the campaign, political controversies and

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i thought i was getting my turn now, where's my turn? you're throwing everything at me so that i can't give you any response. >> i get an opportunity, you're doing an interview, so let me respond to your question. >> you just take it away. >> okay, this is the way interviews work, you ask a question and i get to answer. when you put your commentary -- >> well, believe it or not, that was almost three years ago. then new york congressman anthony weiner and i were discussing that particular example, the supreme court

decision on the constitution constitutionality of health care. tonight for the first time on the kelley file, congressman weiner is back to discuss the upcoming midterms and more. congressman wiener, great to see you again. >> you forget one of your very first shows when you were doing the midday, i came on as the guest. >> i remember that, you were live on the set. what have you been up to? >> a little of this and that. we're doing okay, you're doing great. i'm so proud to see how you're doing. >> i comment on this publicly, every time something unfortunate happened in your political career, i was on maternity leave, and since we had sparred so often prior to that point, i was thinking you were doing it intentionally. do you feel like the american public is forgiving? >> i think that people are

decent. when you walk down the street, i'm fairly well known in new york city, when they come up to me, they say variations of good luck to you. people are nice. we do live in an environment where people do talk a lot about the big fights, you and i learned that firsthand, we could have a civil conversation about obama care, and no one will be talking about it, you and i get in a dust up, and the whole country's talking about it. people are decent, they don't want bad things to happen to their neighbors. they're very kind to me and my wife. i still get letters from people every day saying go get them, but obviously there's a lot of snark out there. >> especially when they see the current mayor that's to the left of you. a lot's happened since you and i were having those discussions, including, last year the, quote, lie of the year, according to the politifacts was if you like

your health care, you can keep it. >> that was the beginning of a thought, let me just finish the thought. so there's been a lot of elements of this discussion that people have been unclear about and not given the honest truth about. the fundamentals of what the president was saying is they decided to not go to the single payer plan and to go with the employer based plan. some people still could lose their health plans. he should have made it clear that under my bill, it's going to happen less. maybe not never happen, but it's going to happen less. >> what he said was not correct. here's what i'm going for, there's been no accountability, the president came out and was forced to admit that he had misstated the facts that the

american people. but where's the accountability for that statement and -- >> what do you mean by accountability? >> to explain. take responsibility for -- >> the president is not taking responsibility? he public apologized for making that statement, explained the context that he made it. >> the wall street journal is saying that they knew what was going to happen -- >> frankly i have already said to you and the president had already said that it should have been stated differently. but there is the notion that that is the sum and substance of the conversation. the health care industry for years have been taking away people's coverage willie nilly in huge numbers. so the law that was passed was a republican proposal. >> i get that. i don't want to relitigate the whole health care law. so. >> so the point i would like to continue to make is that, yes,

as i have said twice now on your show that the president has said. but remember something, the status quo was many, many more people losing their health care. that should be the focus because that's what the law succeeded in doing. >> with the problems in the health care law, a lot of people are suggesting, including our own charles krauthammer, that progressivism has taken a hit, that this is a strike at the heart of big government because people are less inclined now than ever to hand their health care, to hand matters over to the feds. >> it's private insurance. we're giving citizens -- >> who's running it? >> the insurance industry's. >> who's law is it? >> a law that cuts taxes is a law of the legislator. >> who rolled out healthcare.gov? >> can i answer before you get to the next story? what we're doing is we're giving people subsidies to give people private insurance. that's a republican idea.

>> you're not answering my question. >> as usual. >> some things change in three years and some things don't change at all. >> you're saying i didn't answer a question when i just got done answering it. >> i asked you about healthcare.gov, they're not running it. >> health care is a shared state/federal responsibility. >> you've made your point. it's just as irritating as it used to be. but kind of fun too, it's kind of a weird come boy thbo that h have had for many, many years now. that was part one, part two we're going to air on monday. in that i asked him flat out, what i said publicly about him many times which is i didn't understand, i have never understood how he could show such hub brans on the air with me and others when he was walking around harboring such a secret. how is that possible? how could he go out there like that? i have never understood it. and we had a very robust

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geico. fifteen minutes could save you fifteen percent or more on car insurance. >> we are drilling deeper tonight on a new proposal that would make psychological evaluations mandatory for all public school students in the state of new york. dana lash is a conservative radio talk show host and a contributor at the blaze.com. this is quite something, the proposal is in new york state, you would have to do it not once but repeatedly. >> yeah, absolutely. and thanks megin, it was

preferred to as the education committee it would require -- any public school student, doesn't specify whether or not private school students would be subjected to this. but any public school student would have to have a psychological evaluation twice in the elementary grades, twice in the secondary grades as well and they have to make their entire, complete health history evaluation to the school district, any time the school district wants it, it's completely at the school's discretion. i'm thinking who's paying for this. this is unbelievable overreach, there's no basis for requirement. and the other question is, what are the standards for mental wellness, that's not mentioned either. >> is this an attempt to uncover the would-be school shooters, is this where this comes from? >> it's kind of where my thought

and the thought of many others are leaning. we already know, in my home state of missouri there was already an effort to require parents to report any firearm ownership to their respective school district and with all the data mining, there's been a lot of questions not only into the political beliefs of each student's parents but also their religious believes and their extracurricular activities, that all has to be reported as a result of common core. >> what happens if your kid's having a bad day, who gets to decide if he or she is a risks based on a mental health evaluation by who knows who. coming up, a boycott of the state of union? state of union? a call to ooh, homemade soup! yeah...

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the state of the union speech. since these men and women will not use the constitution to defend this nation since they will not use the constitution to confront a lawless president, they should boycott the state of the union. so half of the house floor, because that's where they meet is empty. >> our power panel is here, tucker carlson, co-host of fox and friends weekend. and andrea will. >> i started my talk radio career filling in for mark levin, so i'm on his side. john linked seems to be running the democratic -- they get steam rolled, it's just nuts. >> explain what he's so upset about. >> these guys just get steam rolled, they steam roll, they sign on to the progressive agenda. it could be immigration, no matter what the progressives

want, they seem to get it every time. >> he's talking about lawlessness, he believes the president's being a lawless man. >> it's like acting like a little kid, i'm mad at you so i'm taking my toys and i'm leaving the sandbox. down what kind of spectacle that would be if they don't show up. but the press is saying, come on, republicans -- they would give them a good fodder for it. you not even show up. >> this sort of underscores the bigger problem within the republican party which is this division between conservatives and those they consider rhinos, who they don't feel is standing up against the president enough. >> this is a symbolish gesture, i'm a little tired of symbolic gestures. in the end it's not precise. they control the house of representatives. they ought to be able to do more than not show up. so give up the symbolic

gestures, give up the symbolic debate. act real, shouldn't they? >> by showing up. >> you said do something real, but is there the political will for them to do that in. >> here's what they do, articulate the case, the house and the senate, articulate the case, explain why your program is superior to the one in place. >> what they believe, speaking of unified -- the majority of kids under 30 identify with socialism under capitalism, that's a form of rhetoric, that's a form of making the pitch. >> whose responsible is that, who is their leader? who is the republicans' leader who's going to be that voice? >> john boehner. >> it's mark levin. >> it is mark levin, that's the problem. >> but the problem is not showing up, not part palting in the game. >> before barack obama became

president, in '04, he made that speech and the democrats started listening to them who is there on the republican side to win over the hearts and minds. >> there's got to be somebody with skin in the game. he's filling the void left by an elected official. >> why didn't ted cruz make a difference? maybe he did. >> he didn't make a difference, because ted cruz kept the obama care fight in the news cycle. >> but did he win the hearts and minds? >> of conservatives. >> that's the group he needs. >> john boehner doesn't really show up. these guys don't really show up for the fight. so why show up at the state of the union. they don't show up for the fight, they don't show up the make the case. why don't they just stay home at night? >> it's going to be a very interesting night for brett and me and brit and charles. up next, the kelly file

investigation, the federal appeals court making a controversial ruling about a victimed murder's fate. taxpayers are going to have to foot the bill for the sex change operation. plus hannity at the top of the hour. >> there's something wrong if the administration is using the irs to target the evangelistic association and 41 different ot this is the quicksilver cash back card from capital one. it's not the "fumbling around with rotating categories" card. it's not the etting blindsided by limits" card. it's the no-game-playing, no-earning-limit-having, deep-bomb-throwing, give-me-the-ball-and-i'll-take- it-to-the-house, cash back card. this is the quicksilver cash card from capital one. unlimited 1.5% cash back on every purchase, everywhere, every single day. so let me ask you... at's in your wallet?

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a controversial victory for a -- >> the three court panel . i don't agree with this decision boston the first circui look, under the constitution, how it's been reviewed over the

years, prisoners have the right to what's medically necessary, and they determine in a 2-1 decision, that this sex change operation was medically necessary for he/she. >> it's a man that's transitioning to a woman. >> medically necessary? >> medically necessary, that's the word. you can't put somebody in prison and cruel and unusual treatment. but i'm thinking, this person, he/she is going to get better treatment, tax funded treatment versus somebody who's not in prison for murdering their wife. >> this is the first of its kind, this has never happened before. >> this is the crest of the wave. this is a sign of just a silly decadent society that take this is seriously, and the delusion begins with the idea that you can have a sex change operation in the first place. you can get plastic surgery if you want, but gender is determined at the dna level. >> you can get cast traited.

>> i'm not attacking anyone and i'm being totally sincere. the people who are using skings are ignoring science and pretending. i wish you could. >> you do? >> of course i do. but it can't happen. >> i just think it's sick that the organization that was speaking out about this was a gay lesbian advocate and defenders compared to cancer. >> that's because there was medical testimony that he was literally going to die if he didn't get -- >> die from what? >> he was going to die from emotional torture and he/she had suicide attempts in prison. >> that's what made the case. >> this could be a press tent. >> what about somebody who has cancer. >> continue later. coming up, why foreign policy ♪ they lived ♪ they lived. ♪

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and developing tonight the

u.s. now sending weapons and ammo to iraq in an effort to prevent al qaeda groups from getting a old in iraq. a strategic analyst and author of the book "hell or richmond". >> i cannot find another -- achievement of constant failure in foreign security policy. the original sin of course was a precipitous retreat from iraq after we had won from purely political purposes, created a power vacuum at the heart of the middle east. now we see an al qaeda affiliate, the president could. make tough decisions, he's alienated all sides syria is a disaster, we blew our chance there, he praised turkey as an

islamic model. and turkey now has more journalists in jail than china. >> it wasn't the president who killed bin laden. but that was a foreign policy decision. >> any president would have done that, can you imagine a president not killing bin laden if he had the chance? that's like the 50-year-old guy, the memory of his glory days of his touchdown pass in high school. you got to move on. the entire middle east is a flame. we have alienated our one ally, pugh on a recesssive disaster. north korea is laughing at us, china is running all over us, and our own hemisphere leftist regimes -- show me the victory, show me one foreign policy that worked for this guy. al qaeda is stronger, and

general motors may be alive, bin laden may be dead, but al qaeda is in more countries than ever before and it is killing muslims and westerners. >> who do you see out there who's got a foreign policy approach that you like? >> abraham lincoln, george washington. fdr. >> that's not so helpful. >> meygyn, that's a good question. john mccain and those guys, they certainly have a much better grip on foreign policy, but it's a waste land when it comes to foreign policy ideas. everybody wants to play domestic ball and foreign policy eats them alive. >> so as you say, on monday, is it just me or does he not have a

lot of friends on twitter? he used to, but he doesn't now. you got to tune in on monday, it's a short exchange but it's an interesting one. about the hubris and who hhave monday at 9:00 p.m. and tonight some of america's top newsmakers are here, along with a rowdy studio audience. here is a sneak peek. >> ladies and gentlemen, the president of the united states. >> the sixth year. >> thank you very much. >> as he prepares to take on the sixth year of his presidency, we examine how the president's policies have impacted all of us and we track his rocky approval rating. >> we're going to take this issue head on and they're going to wish they weren't alive after i'm done with them. >> the big-time producer of movies like this o