from new york i am mike huckabee and justice with judge jeanine pirro is next. have a great weekend. {off-lin {off-line} >> i am megyn kelly live in new york city. tonight... >> kill the bill! >> a report democrats are taken kwie steppeds to silent the conservative groups in the up coming mid terms. >> 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. wait until you see what he says. then... >> a couple times he appeared to be choking. >> who is standing up for a convicted killer's victim.

we have that part of the story. charles krauthammer joins us on details of what could be a multi billion dollar bailout for the insurance industry on the kelly files right now. >> and breaking tonight controversy over an execution in ohio now getting attention around the world after complaints the convicted murderer suffered too much in his final moments. welcome to the kelly file. i am megyn kelly. the story begins with the murder of joy stewart a 22-year-old newlywed nearly 8 months pregnant when she went missing in february of 1989. she spent the morning with a friend's mother and was not seen until the next day when her body was found in the woods near a local creek. her throat had been slit and she had been raped. it took ten mnts for prosecutors to get their first real lead in connection with their murder. a prison inmate by the name of dennis maguire claimed his

brother in law had murdered joy stewart but then maguire ended up implicating himself when he described only details the killer would know. he was charged, tried, and convicted. in 1994 he was sentenced to death. he challenged it. that conviction was upheld the u.s. supreme court declined to get involved. yesterday that death sentence was carried out. he was injected with a mixture of drugs that was the first in the united states a mixture that took 24 minutes to finally take effect -- to take its final effect. maguire's family is now repor d reportedly planning to file a lawsuit saying the execution violated his constitutional rights not to be punished in a cruel or unusual way. maguire's family is not alone in their outrage. this execution became a huge story around the world today when headlines like the one in the huffington post calling this a nightmare execution in ohio

saying he quote gasped for air. the local paper in youngstown, ohio called this a quote agonizing experiment. dispatch called it horrific. the american thinker blog went so far as to call it a barbaric grizzly execution for the ohio murderer. with the stories that went in the 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 with the daily news. he was in the room for mr. kwau gier -- maguire's final moments. josh thank you for being here. 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 in the doorway between

the two witness chambers. there's one room where the victim's family sits another room where the victim's family sits. they asked any last words. he said very brief things including thanking the stewart's family for the letters they send. his last words were i am going to heaven. the drugs kicked in he said i love you. he appeared to fall asleep for five minutes until he convulsed he gasped. he was gasping for air it was unclear if he was aware of what was going on but his body was making these deep rattling inhales like a violent snore. that went on for about 10 minutes during which time his family was crying rather hysterically. the victim's family said nothing and watched stoically. after about 10 minutes of that

the warden signalled for the physician to come in. he stopped any signs of breathing. they askeder to the physician to come in the time of death was at 10:53 the whole process took about 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. 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. people who see more say that's unusual. they usually happen much faster there's some action at the very beginning but the whole thing lasts only a few minutes and any animation there is is over in the first few minutes. >> thank you for being here, josh. >> 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 8 months pregnant when this man brutally and repeatedly raped and murdered her in the woods where she died alone. david linda is an investigator with the county prosecutor's office. he investigated the murder of joy stewart and helped put maguire behind bars. >> people feel differently about the death penalty, it has 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? >> that's my side of it is totally on the victim's side. i am sure 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. based on his own words to me implicated himself and that led to the investigation ultimately to some dna testing and other information where he had told other people trying to blame it on a brother in law jerry richardson. so in my eyes my sympathies go to the families that lost their loved one, lost a baby that will never, ever experience what everyone else experience. never experience being held, being kissed, staying with grandma and grandpa. that baby never had a chance. neither did joy. >> i want to ask you because the son of the murderer who is also

named dennis, the father and son are named dennis, had this reaction to what happened during the execution. he said this after the execution yesterday, listen. >> the agony, the terror of watching my dad suffer 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 talks 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 be tortured to death. she didn't. your thoughts on him referring to the victim here as simply a victim and talking about how somehow it seems to be he is

saying his situation was more gruesome because his children were there witnessing it. >> the victim's name was joy stewart and there was a baby involved even the husband kenny stewart. as the investigation proceeded, he ended up taking his own life. we ended up with three dead people over this one incident. i hate to see what the maguire family had gone through but if i am not mistaken it was elective if they went or not. it was up to them whether they choose it or not. my sympathies -- >> you know better than anybody the reason no one was there to watch joy stewart get murdered, she had no children there to watch her murdered is because she was carrying the only child she had and he, too, was a victim, a murder victim that night. the focus in this case has gone

to a place. in any event in this country we have a healthy majority 60 percent plus who favor the death penal penalty, although that is a decline from what it was in the and 90s. david. thank you for being here. >> thank you for having me. >> breaking tonight hours ago the obama administration responding to the kelly files denying reports from multiple media outlets that they were caught misleading the american people over obamacare enrollment numbers. we spelled it out last night for you. the times gave them three pinocchios. we are getting new details tonight on what could be a multi billion dollar bailout to keep the healthcare reformula aflight. charles krauthammer is number one author. the bailout looks like it is

going to happen at this point. >> what they call adverse election if you don't have enough young and healthys to subsidize the older and the sicker in these exchanges the insurance are going to lose a ton of money. the numbers are way down the percentage of the young and healthy is so low if this continues there's no reason to think otherwise. the insurers are going to be out a huge amount of money. in the monstrosity called obamacare allows for your tax money and mine to bail out the insurance. i think it would be a good time for the gop to pass a one-line legislation repealing those two provisions in the bill that would be a moment of truth for

obamacare. >> if we don't bail out the insurance companies then the risk pool they don't get saved from their bad risk pool. that is when the law starts imploding they are not going to provide insurance for free next year premiums are going to go up. what are we left with single payer the government steps in to take over? >> that has been the argument against the scenario i have advocated. but i find it unimaginable that a country that has just suffered through a year, it would be a year, say year and a half of sem my nationalization of healthcare and seeing what a disaster it is started with the web site ended with people losing their

insurance. that a company is going to want to choose total nationalization. i think they will pull out of the exchanges in which it implodes and we do something else, obamacare will be ee sris rated or insurers will be stuck inside of it and they about will begin to lobby against it. the insurers were part of the obama administration, the construction of obamacare. they were given the assurance you have no cushion we have a bailout. they would be running around with their hair on fire. they will not look that favorably upon a system that will destroy them. >> the question is are they going to need the bailout? it is looking more and more like they will. the administration originally said their goal is to have 40 percent of the folks signing up the young people. now we find out they have 24

percent who are young people. they told us already they need 40. the solution, the solution to get more young people enrolled and involved in it the government healthcare program is richard simmons. let's show them the video now. ♪ >> he feel inspired. ♪ >> never did i think i would have the opportunity to ask charles krauthammer about something like this. your thoughts? >> here's how it works. you watch the video it induces such a national wave of

nauseating headaches people will be running to the web site to sign up. that is actually the strategy. >> you are the psychiatrist so you know best. first we had pajama boy to inspire people to get covered and talk about healthcare. now we have richard simmons. it is fun to laugh at but we are paying for it. the truth is we don't know how bad things are right now. we started by saying they fudged the medicaid numbers but the numbers they claim they have enrolled in the paying part of the web site we don't know whether that number is real at all because we don't know how many of them have paid. >> all the numbers that you get from the administration are either inflated or made up. like the enrollment number because nobody had any idea. look, it's as if amazon would have counted customers not people who had checked out but

people who put stuff in their cart. that's not how it happens in the private sector. they are saying if if you have a plan in your cart you haven't paid for it you are earn rolled. this is a vast inflation of their enrollment numbers and the only way to produce the illusion this is working. once the illusion is removed it collapses. >> do you think the no bailout push in the house has any chance of actually passing? is president obama is not likely to sign it if it does pass but what do you think the chances are? >> i think if it passes in the house it will be stopped in the senate then i would be a little bit adventure some if i were the gop. then you tie it to the debt ceiling. image democratic ri red state senators willing to see of the debt ceiling breech america

losing the faith and credit of our currency in order to preserve the bailout of insurance companies. that is not an easy case to make if you are mary landrieu and you are in a tough race in louisiana for reelection that will sink you. >> charles, great to see you. >> thank you. >> in other news we are reading new reports today that the democrats have taken quiet steps to silence kovconservative grou in the up coming mid terms. senator chris sar walled is with us. >> remember the thing about the targeting, there was a little bit of a scandal about that last year with the irs? a lot of americans don't know this but speech is regulated in if the united states 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 whether what

you are doing is for profit exercise or for elective office and they get to determine how much pactax you pay and all of t stuff. as it turns out the administration's determination and agreement among democrats is there wasn't actually really targeting but really the problem was the rules weren't good. it so happens the president's enemies were the victims. but the problem is the rules. now they want to member moralize what was being done into the rule books. what was targeting is now standard operating. >> the solution is to make the targeting legal. >> if you want to put it that way you could. >> this is all about who can qualify as a nonpolitical

entity. the democrats the first reaction was they shouldn't have been out there doing what they were doing to begin with. the targeting was justified because they shouldn't have been out there advocating for limited government for example. some people say you are missing the point. you do it on the left the right got their act together and started doing it. you can't say you shouldn't be doing it you should say the rules should apply to both parties. the democrats say you should tighten the noose so they aren't allowed to do what they are doing. fewer tea party groups and so on are going to be able to engage in political activities. >> if i put a billboard up saying global warming is death at the same time congress is considering new taxes on carbon emission wouldn't that be a political speech? no not under this. conservative groups talking about the government their issue the thing conservatives care

about is the federal government. it is their jam. environmentalists talk about environmental policies that is being voted on that's excluded. but if you talk about hating the government that's included. >> thank you. reading writing and a checkup from the shrink? why some schools are demanding a psychiatric screening for all students. what happens if that doesn't go well with your kids. plus... >> let thwhat the republicans should do is boycott the deal. >> new call of arms to one of america's leading conservatives. and he is back. >> what have you been up to? >> not much going on. >> see my one-on-one interview with anthony weiner on the campaign political controversies and a few sur rises. >> you are not answering my questions. something changed in three years

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i thought i was getting my >> i thought i would get my turn. where is my turn. you are throwing everything at me so i can't get any response. >> you are doing an interview let me respond to your question. (talking over one another) >> you just take it away. >> this is the way interviews work you ask the question i get to answer. >> believe it or not, that was almost threes ago. anthony weiner and i were discussing that example the supreme court of constitutionality of healthcare.

or were we? the political landscape changed a lot since then. the up coming mid terms and more. >> it is great to see you. >> you forget one of your first shows when you were doing the midday i came on as the guest. >> i remember that. you were live on the set. it has been three years. what have you been up to? >> not much. not much going on little this and that. we are doing okay. you are doing great. i am proud to see how great you are doing. beautiful set. great show. >> i commented on this publically every time something unfortunate happens in your political career i was on maternity leave. since we sparred so much i thought you were doing it intentionally. >> didn't want to give you the satisfaction. how are you? >> i am well. >> do you feel like the american public is for giving? >> i think that people are decent. when you walk down the street and i am fairly well known in

new york city and they say variations of good luck to you. people are very nice. we do live in an environment where people do talk a lot about the big fights. you and i learn that first hand we can have a civil conversation about obamacare and no one interrupts anybody. you and i get into a dust bustle people talk about it. people are decent. they don't want bad things to happen to their neighbors. they are very kind to me and my wife. i love this city and i still get letters every day from people saying go get em but i also obviously there's a lot of isn't that correct out there, too. >> now that they see the current mayor to the left of you. one of the things we talked a lot about obamacare. not a lot happened since we were having this discussion including last year the lie of the year according to polytheists lit fact is the president if you like your plan you can keep your plan, period. do you agree that the american public was misled on that?

>> okay, the american people have been misled by a lot of elements. i came on fox news shows all of the time people talk about death panels which is obviously a lie. >> that sounds like a dodge. >> let me finish the thought. there's been a lot of elements people are unclear on maybe haven't given the truth on. the fundamentals of what he was saying is right. they made a decision to not go with the single payer healthcare system like medicare. >> you were advocating for that. >> that's what i wanted and with insurance employer base plan. in the past present and to some degree future he should have made it clear. >> he didn't. >> he should have made it clear under my bill it is going to happen less. maybe not never happen. >> what he said was not correct. and the thing -- here is what i am going for. there has been no accountability. the president came out and was forced to admit he misstated the facts to the american people. where is the accountability

for -- >> what do you mean accountability? >> to explain. i knew -- to take responsibility for how it went down. >> the president you can accuse him a lot of things but not for taking responsibility. he apologized for making the statement explained the context. >> the wall street journal is saying they knew it was going to happen. >> frankly, the -- i have already said to you and the president already said that it should have been stated differently but there is this notion that that is the sum and substance of the conversation. the healthcare industry for years has been taking away people's coverage willy nilly in huge coverage. >> something needed to be done. >> the law passed was a republican proposal. >> i don't want to relitigate this. >> sometimes the beginning of my answers lead to an end that will answer your question. >> here we go again. >> the point i would like to continue to make is, yes, have i said twice on your show the

president said. but the status quo was many more people losing their health insurance. >> i understand that. that is what the law succeeded in. >> with the problems with the healthcare law some people are suggesting including charles krauthammer. >> who i listen to on healthcare. >> it is progressivism has taken a hit, this is a strike at the heart of big government because people are less inclined than others to hand their healthcare to hand matters over to the feds. >> over to the feds? it's private insurance. >> who is running it? >> the insurance industry. >> whose law was this? who forced this. >> every law is the law of the legislature. a law at that cuts taxes is a law of the legislature. >> who rolled out healthcare.gov? >> can i answer your first question before we get to the next three. the point is we are not giving -- what we are doing is giving people subsidies to buy private insurance. that is a republican principal and idea. >> you are not answering my

question. something changed in three years and some things don't change at all. >> i didn't answer a question. >> you focus on healthcare.gov. they are not running it. >> it is a state healthcare responsibility. it is a shared state federal responsibility. >> fine. you have made your point. it is irritating as it used to be. but kind of fun, too. it's kind of a weird combo he and i have had for man ye years now. we did two parts. that was part one. part two we are going to air on monday. in that i ask him flat out about what i said publically about him many times which is i didn't understand. i have never understood how he could show such huberous on the air and others when he was walking around harboring such a secret? how is that possible? is how could he go out there like that? i have never understood it. we had a very robust exchange on

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>> from the world headquarters of fox news it is "the kelly files" with megyn kelly. >> they would make psychological evaluations mandatory for all public school students in the state of new york. dana lash is a conservative talk show host and contributor of the blaze.com. this is quite something. the proposal is in new york state and you would have to do it not once but repeatedly. >> yeah. absolutely. thaiks megyn for bringing this story to greater light. democrat new york assembly woman brought this up in october of last year. on january 8th it was referred

to the education committee. you are right it would suggest and require families to have their student, any public school student, doesn't specify whether or not private school student would be subjected to this. every public school student would have to have a psychological evaluations twice in the elementary and secondary grades as well. they have to make their entire complete health history available to the school district any time the school district wants it at the school's discretion. i am thinking who is paying for this. this is an over reach no basis for requirement. the other question is what is the standard of measurement for mental illness. >> is this an attempt to uncover the would be school shooters is this where it comes from? >> that is where my thought and

others are leading. in my home state of missouri there was an effort to pass legislation that would require parents to report any firearms ownership to their respective school district. with common core and data mining there have been a lot of questions not only to the political beliefs of each school's parent but their religious beliefs and extra curricular activity that has to be reported and collected. it is already happening. >> what if your kid is having a bad day. w who are they to decide who is at risk. >> coming up a boycott of the state of the union? see what's behind the new call from one of america's leading conservatives. vers? yeah? then how'd i get this... [ voice of dennis ] ...safe driving bonus check? every six months without an accident, allstate sends a check. silence. are you in good hands?

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one >> one of the top conservety radio hosts has a new idea for republicans. listen. >> here's what should happen at 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. >> power panel is here. co host of fox and friends weekend, lis wiehl fox news wleel analyst and andrew is a host on xm aradio. >> i started my talk radio career filling in for him. he is leading the democratic party they are not there in the house anyway. they get steam rolled. >> explain what he is so upset about? >> these guys get steam roll the. they cave, they steam roll and sign on to the progressive agenda. it could be immigration higher taxes bigger government. no matter what they want people get it.

>> he is talking about lawlessness. he believes he is being a lawless man. >> the way to respond is not showing up. acting like little kids i am mad at you so i am taking my toys and i am leaving the sandbox. you know what kind of speckle that would be? >> the press would be saying come on republicans. >> you give them a good spotter for it. you don't even show up you are going to try to work together? >> this is a bigger problem within the republican party which is a division between talk conservatives and those they consider rhinos who they don't feel are standing up to the president strongly enough. >> the divisions are deep. i am tired of symbolic gestures. in the end it is not precise. they control the house of representatives. give up the symbolic gestures

and debates do something real. >> by not showing up? >> by showing up. >> you say do something real. is there the political will for them to do that? >> here's what they do articulate the case. >> among the people. >> the house and senate. articulate the case. explain why your program is so much better. >> aren't they trying? >> what they believe. majority of kids under 30 identify with socialism over capitalism. that's a failure of rhetoric. capitalism works and social lichlg too. >> we saw mitt romney try to do that. >> not talk show host. >> he tried to do that. who is the republican leader who is going to be that voice? >> there really isn't. >> it's mark levin. >> it is mark levin. that's the problem. >> the problem is showing up not participating in the game. >> before he became president in

04 he made the fiery speech put him on the map. democrats have always had bill clinton. who is there to make over the hearts and minds. >> levin i agree with but he is killing the void left by an elected official. >> why didn't ted cruz make a difference? >> he did make a difference. ted crews kept the obamacare fight in the new cycle when john mccain would have -- >> did he win hearts and minds. >> of conservatives. >> that's not the group he needs. >> these guys don't show up for the fight. they don't show up for the fight. they don't show up to make the case. they might as as well stay home. >> oh, come on. it will be an interesting night for brad and me and charles. there will be lots to talk about. up next a federal appeals court

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>> a controversial victory for a convicted murderer trying to get taxpayers to pay for her sex change operation. >> i don't agree with this decision. here's what happened. the three board panel in boston said look under the constitution howard ston reviewed over the years, prisoners have the right

to what is medically necessary and they determine 2-1 decision that this sex change operation was medically necessary. >> it is a man transitioning to a woman. >> medically necessary. >> that's the word. the amendment is you can't put somebody in prison in cruel unusual treatment. i am thinking, this person, he, she is going to get better treatment and tax funded treatment verses somebody who has not killed his wife and in jail for murder. >> 2-1 decision. >> this is the first of its kind. >> this is a sign of a silly decadent society taken seriously. the delusion begins with the idea you can have a sex change operation in the first place. you can get plastic surgery or not but gender is determined at the dna level. i am not attacking any one. i am being totally sincere.

people are always telling us let science decide now they are ignoring and pretending you can change your sex. i wish you could. i just think it is sick that the organization that was speaking out about this was the gay lesbian advocate defenders comparing it to cancer. >> there was medical testimony he would die without it. >> die from what? >> he was going to die. emotional and she had many suicide attempts in prison. >> that they made the case that's what made the case. >> cancer -- how is it comparable to people with cancer. >> we explain why foreign policy has gone from failure to complete catastrophe. i'm beth...

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sending weapons and ammo to iraq in stopping al qaeda groups from gaining any more ground after they claimed victory in fallujah. it has been the bloodiest battle since vietnam. strategic analyst and author. you say this is a failing of foreign policy, ralph, why? >> through out history i cannot find another president who has such an achievement of constant failure in foreign security policy. the original sin was precept to us retreat in iraq after we had won for purely political purposes. we see al qaeda affiliate. president couldn't make tough decisions. he's alienated all sides of egypt. libya is a disaster we blew our chance there. praised turkey as an islamic model. >> bin laden.

>> with his bare hand. got more journalists in jail with china. >> it wasn't president obama killed the men but people get upset when he says i, i, i. it was a strategic decision to make it. >> can you image a president not killing bin laden when he had the chance? that's like a 50 kweerld guy his memory is glory days a touchdown pass in high school. he alienate nated one ally with bad policy in palestine. edward snowden is laughing. china is all over us. they are putting journalists in it jail. show me the victory. show me one foreign policy win for this guy. america is wheeker when he took office and 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 is killing muslims and earners. >> who do you see out there who has a foreign policy approach that you like? >> abraham lincoln, george washington, fdr. >> that is not helpful. >> that is a fair point. republicans are pretty juvenile as well. that 15id, i think if you look at the grown-ups the republican parties john mccain on a good day they certainly shave a much better grip on foreign policy but it is a waste land when it comes to foreign policy ideas. everyone wants to play domestic ball and foreign policy eats them alive. >> on monday, doesn't have a lot of friend on twitter.

he used to. he doesn't now. it is a short exchange about the museum russ. here he is. see you monday 9:00 p.m. >> these rules are war on the little guy. eep and every one of these is incomprehensible to me. >> get government ads thousands of pages of new rules each year. >> tough performance. >> they say we need more. >> there are certain times we should infringe on your freedom. >> we have to depend on the federal government to protect our children. >> okay. but they keep passing more laws. now we are growning in red tape. >> i can't eat the way i want. can't sdring the water the way i want. can't