boston this evening. and please, always remember the spin stops here in the commonwealth because we are definitely looking out for you. i'm megyn kelly, live in new york city, and tonight. i've never had the occasion to think that i had to fear my government. >> see why an academy award winner is now thinking about government retribution against certain americans. plus? >> we had the correct number of assets in benghazi at the time of 9/11 for what had been agreed upon. >> wait until you see what just happened with the woman at the center of the benghazi tragedy. and then. >> tonight. >> some people are very angry about this controversial ad campaign. can you see why?

we'll explain, on the kelly file, tonight. and developing tonight, new accusations that the feds are unfairly targeting conservatives in an effort to silence those who do not agree with the obama administration during a crucial election year. welcome to "the kelly file," everyone, i'm megyn kelly, and the conservatives being singled out after conservative filmmaker denesh d 'souza has been indicted. we'll speak to the man who worked with him, on his hit documentary, "obama's america" and wait until you see what he says, he just spoke with denesh today, and the attorney who worked on election fraud cases during his time at the doj.

chris, it is good to see you today. so here is my question for you, more and more we're hearing from conservative blogger, that they believe some of these prosecutions are politically motivated. just walk us through where that comes from. because the obama administration has indicted a lot of democrats, too. >> well, this is a pattern of abuse with this justice department. they will go after their political opponents, and they will give sanctuary to their political friends, megyn, you see this time after time, they have gone after christian conservative groups and tea party groups, like "true the vote." and look at the ledger, the union, they help the union friends by crushing their rights, or helping the naacp by going after rick perry in the voter id cases. this justice department is very

skilled at helping the president's political friends and hurting the president's political enemies. >> you have groups like friends of abe, which is a hollywood conservative group which basically has to be underground. if you want to be part of a group that thinks like you you have to keep it a secret in order to be able to work. now the irs is probing their personal exempt status, we see dinesh indicted, although they claim he bundled money here in new york for a conservative in a way he was not allowed to do. others say yes, he may have committed some crimes, pled not guilty, but normally the doj would not get involved in matters like this. they would plead it as a state matter, and what is your experience? >> they're called conduit cases.

this justice department is looking very, very closely at conduits, meaning you give money under the federal election law, meaning you're limited to how much money you can give. but megyn, understand something, these campaign finances, they're limited on regular speech, limit what regular americans can do while the unions are free to be heavily involved in elections. so that is one of the reasons why the justice department is focusing on conduit cases. they're very easy to prove, i've been in the training at the doj. it is not a hard case, so either he did or didn't do it. and i'll find out. >> before you go, having worked at the department of justice, do you believe it is possible that this doj is actually targeting conservatives? >> well, it is interesting, when i went through the training for conduit cases, i'll never forget they pulled up on the screen for the fbi and the doj, the

election people, an example on how to look for them. and they pulled up the records of joe wilson from south carolina, all of his donors, and i thought isn't it interesting they're focusing on joe wilson to teach the fbi how to do this. because this is very interesting about the fbi, they're on the side of the speech writers, they're on the side who want to limit the speech, and this case of dinesh is one example at that. >> and joe, interestingly, shouted, "you lie," at the convention a couple of years ago. and on "face the nation." this came up. when texas senator ted cruz accused the obama administration of abusing its power. >> let me tell you something that deeply concerns me. it is the abuse of power. we've seen multiple filmmakers prosecuted and the government has gone after them, whether it was the poor fellow that did the

film that the president blamed benghazi and the terrorist attack on. turns out that was not the reason for the attack. but the administration went and put that poor fellow in jail on unrelated charges. or just this week it has been broken that dinesh d 'souza -- >> cbs cut that for time, but it is posted on their website. joining me now, jerry mullen, the academy-award winner of the hit film, schindler's list, and he is working on the upcoming documentary with dinesh, as well. jerry, thank you for joining us, he pled not guilty in the

how is he? has he shared his feels about you about whether or not this is a political charge? >> yes, i did talk to him today. he is doing very well. i think he is still a little bit stunned that the country would turn its back on him a little bit. and charge him this way. >> and you know, you have known him for a long time. do you believe that it is difficult for somebody like dinesh, a conservative filmmaker, to make films and not have to worry about political retribution? >> well, it is kind of strange that he even had the title, conservative filmmaker. yes, he may be conservative, but he is a filmmaker first, he likes to tell stories. there is nothing wrong with digging for the truth. >> and 2016, his last film was not flattering of the president. and many believe that that is why this alleged crime is being pursued. what do you think? >> well, i think so too.

i think it is kind of strange that somebody would allegedly contribute $20,000, and yet we say nothing, there is nothing in the press ever. about the fact i can go to a dinner, you can go to a dinner and put up 25, 35, $45,000 a plate and it guoes to somebody. >> and just so the viewers know, he is charged with contributing to the campaign charges, again, he pled not guilty. by the way, his bond is set at $500,000 reportedly, which is very high. i want to ask you whether you believe, because i know you and he not only did that other film, you're working on another film together, called "america." and some suggested on this show last week that this is not going to go over well with the administration either. what is that film about? >> well, they may not be happy about it, because truth is

truth. and this particular film, "america," has to deal with the premise of you know, what would this world be if america never was? >> and do you think that dinesh, or you, for that matter, sir, are likely to be intimidated by this criminal action? >> you know, the worst thing that i think someone can think -- that they can be put in a position to be intimidated by their own government. i find that offensive, i can't believe it would be happening. and i believe in the case of dinesh, the case will be dismissed. >> we have jesse jackson jr., edwards, yet there is a question about whether it is something else when you're being pursued after having been such an

outspoken critic of the administration, jerry, thank you very much for coming on. and breaking tonight, we hear reports that a key state department employee who you will remember blamed for failures that led to the deaths of four americans in benghazi has been given a brand-new top security job at the state department. here is charlene lamb, defending herself, ms. lamb was in charge of the office that denied security to the u.s. ambassador in libya before the attacks. and she is the one that is now getting a new job within the state department. brandon webb is the journalist reporting on this story, a former u.s. navy s.e.a.l. and the editor of soft wrap. now we just heard from the state department a short time ago on the record. it says these reports of a new job for ms. lamb are not true. they say she is undergoing

training, but they wouldn't say more than that. what is your interpretation? >> well, she is undergoing a regional security officer training. so really it is the other state department trying to dodge a bullet. and this new post is really characterized as a reward. everybody in the department states she is being rewarded for essentially towing the administration line. and it really sets a bad precedent. now, the guys and i have covered the story on soft rep.com, we realize that bad things happen in the world. the problem is what happens afterwards. if we don't make people accountable, like charlene lamb, and patrick kennedy, this really sets a precedent that you can cooperate with the administration, tow the party line, kill people and then be rewarded. it is sad. >> well, not kill people, but

deny them the security that left them in a position to be killed. that is undisputed. and ms. lamb is at the heart of it. i just want the viewers to know, ms. lamb was cited by the review board that looked into the state department and she was singled out as somebody who really dropped the ball here in terms of somebody who secured the facility and ignored the repeated begging from those who were over there for more security, correct? >> yeah, we're talking in march of 2012. her office refused the requests for five additional diplomatic security personnel. so we're not talking a huge amount of personnel and resources here. five people that could have made a difference, and you're right, she was not directly responsible. but definitely has blood on her hands as far as i'm concerned. you know, i lost my best friend in benghazi, glenn doherty, and i'm sitting back looking at the situation where we're not learning from our mistakes. benghazi is important because it

really highlights the administration's foreign policy failures. and you look at what is happening in afghanistan and syria and elsewhere in the middle east. it is a complete disaster. and really, benghazi is really everything that is wrong with our foreign policy. >> but let -- >> and everything that is wrong in washington, not holding people accountable. >> she was placed on administrative leave and now she is back. there was no real punishment for ms. lamb, basically she got a vacation and she is back on the job. and the question is what job is she on. you say she has been promoted to regional security officer with a report, unconfirmed, you say, that she might be going to canada. now, first of all, i know the state department is denying this tonight. but in fact if that is a promotion, if that is true, is that a promotion? >> it is actually better characterized as a reward. it is technically not a promotion. and we should have been more

clear on that in the first part of the story that we broke. but it really should be characterized as a reward. so here is -- >> we have a short time left, there is also a question about ms. lamb and the access we'll have to her. if she is going to canada, them there is in term is of access, the committee accused her of being unreceptive as far as requests, and say they were disappointed that she refused to explain to the committee why certain decisions were made as far as the enhanced security. and how sure are you of your reporting? >> well, we have covered benghazi from the beginning and wrote a new york times best seller on benghazi and really were the first ones to get the true story on benghazi. so the sources we have within the state department, they're very solid. these are trusted relationships. our writers are all from the special operations and intel community and we have those

relationships. so you know, time will tell. she is definitely in that regional security officer training. >> it is unbelievable, if it is true, it is unbelievable, because she would be continuing in a job where she is meant to assure the security and train others in security, the very thing she was accused by the bipartisan committee of having completely blown. brandon, thank you for joining us. >> thanks megyn. we have another big story tonight in an extreme weather alert. tonight, half of the country is being impacted by a dangerous arctic blast. temperatures in the upper midwest expected to be in the negative double digits overnight. check out north dakota, look at this. the major highways closed down and with wind chills overnight, fargo could feel like minus 50. hey, j.d.? >> hi, megyn, every other week we're talking about the arctic plunge moving through and these storm systems. tonight, it is no different with

the temperatures, as you said, minus 40 with the wind chill ranges, continuing to be the story for the next day or two. and then this arctic air mass will move southeast and give portions of the south a snowstorm tomorrow. so there is the northeast, we'll get wind chills again, minus 20 in buffalo, zero in new york, minus one in philadelphia. it just keeps on coming. taking a look where we see the potential for the storm, also wind chill warnings extend as far south as the deep south. the arctic plunge will dip as far south. up towards georgia, raleigh, norfolk, this area that typically doesn't see this amount of snow could see anywhere from four to six, even 12 inches of snow across nards, a treacherous drive from houston through new orleans, all the way up through the southeast. this is an impressive snow we'll

watch, and 51 days until spring, i'm counting them down. still ahead, the president's state-of-the-union address will reportedly focus on how he will go around congress now to get things done. but can he do that? and exactly who is he doing it for? plus? bosses should not prey on young interns in their office. really, the media seems to have given president clinton a pass on this. >> a double standard? should president bill clinton's lewi lewinsky scandal be fair game in the presidential run. and we'll look at a message of a guy getting attention for all the wrong reasons. >> we have specially trained officers from our s.w.a.t. team. and savory roasted turkey for breakfast. or power up your lunch with antibiotic-free chicken and our flavorful cilantro jalapeno hummus. power bowls from panera bread - power up today.

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. i want you to listen to me, i'm going to say this again. i did not have sexual relations with that woman, ms. lewinsky. >> well, that was president bill clinton 16 years ago, addressing the public about his affair with the intern, monica lewinsky. of course, that was not true. just yesterday the issue came up again when senator rand paul said it will be fair game again if hillary clinton runs for president in 2016. >> the democrats, one of their big issues, they say republicans are committing a war on women. one of the work place laws and rules i think are good is that bosses should not prey on young interns in their office. and i think really, the media has given president clinton a pass on this. he took advantage of a girl that

was 20 years old and an intern in his office. there was no excuse for that. >> a fellow at the american enterprise institute. mark, should bill's actions be relevant if hillary runs for president? >> well, i think that rand paul just made that hillary clinton enemy list. remember, we learned a few weeks ago. first of all, he didn't say anything outrageous or out of the ordinary. just weeks ago, we learned that claire mccaskill made hillary's enemy's list, saying that big clinton was a fine president but i wouldn't want my daughter around him. >> well, his point about a boss should not take advantage of an intern in the office. that is okay. it is the suggestion this would be relevant if hillary runs. >> but i don't think he is saying that exactly. i think what he is saying, for example, it is very hard for hillary to run on the war

against women with this in her background. >> well, it is not in her background, it is in his background. >> that is exactly right, but she is not going to get defined by his actions and she should not be. nobody votes for the first spouse spouse. they vote for the president. she will run on her own record, that is what she should be worried about. she should be worried more about benghazi than bubba. >> do you think the lewinsky affair and you know, bill clinton's lying about it will come back to haunt her in any way if she decides to run? >> i don't think it will haunt her, it makes it a point of hypocrisy for democrats, who turn a blind eye of what bill clinton did but then who accuse the republicans of waging a war against women. i don't think anybody is going to choose whether or not they want hillary clinton for president based on what bill clinton did or did not do in the white house. >> let me just expand it,

regarding bill clinton and his critics. because that was not just monica lewinsky, that was a consensual relationship, it was problematic, but he was accused by paula jones of non-consensual behavior, he denied it. in the paula jones case, they settled out of court. he said for nuisance reasons, but if they do that, to talk about the war on women, and how certain men act it is going to back fire on the critics. because bill clinton now has a 71% approval rating. >> i hope it doesn't get all dredged up, because i don't want to relive it. what we ought to concentrate on is hillary care. she has her own swirl of

scandals and controversies that we really don't need to be focusing on bill clinton scandals. she is a target-rich environment. we don't need to focus on bill clinton. >> you want to look for the war on women, talk about highway did mom jeans, they were not right. >> there was a lot -- lot not right about the '90s. >> like huge, triangle earrings, coming up, a new poll shows that americans lack confidence in the president's ability to make decisions for this country's for which -- future. the majority of americans don't have confidence in him. plus, this billboard just went up in the heart of new york after it was rejected once. we'll report, you decide on the controversy over not just a billboard now but a television ad campaign. >> tonight [ mom ] over the years, i've learned how to stretch my party budget. but when my so-called bargain brand towel

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confidence in president obama's ability to make the right decisions for the country. >> good evening, megyn, the president's report card from last year's state of the union is not very strong. if you think about it he called for immigration reform or grand bargain budget deal, gun control, hike in minimum wage, he basically not none of it, in large part because of the steps of the health care reform, a new poll out today says only 37% of the public trusts the president, a great deal or a good amount to make the right decisions, 63% say they trust him, some or none. that may explain why the aides are signaling there may be more conversation than compromise.

the white house justifies it by say they blocked the agenda, i pressed jay carney why the president is not going forward. >> what the predecessors did of both parties which is allowing the state department to oversee a process where this is evaluated. >> the president getting ready for executive --

is he crossing a legal line here? let's talk to judge napolitano, senior judge, who is he acting for? >> well, he probably will act for his friends. he probably will act for his base, his supporters, let's say members of labor unions, whose pay that it could affect, the corporations that are doing business with the federal government. now, he can't on his own change the minimum wage, but he can change the minimum wage that the government approves -- >> and the white house is saying all along -- >> the federal government is the biggest spender in the land, that will have a profound effect on the people who supported him. >> let me ask you this, they say this is the consistent practice of all modern presidents, president obama, president george w. bush are about tied when it comes to the number of executive orders, first five

years in office, obama, 167 that they issued. >> well you know, there are executive orders, the executive order was intended to allow the president of the united states to get his arms around and control the machinery of the executive branch, of which he was the head, the justice department, certain agencies he can control. >> to carry out his ability that the laws are faithfully executed. >> that is the key, megyn, the line you just quoted, faithfully executed. that means he has to enforce the laws as they were written, as they were intended, whether he agrees or not. here is where they can go over the line. if he so changes the law by enforcing part and not enforcing part. that the meaning and purpose and intent of the law is different from what congress enacted, then he -- >> what, specifically, is he doing that on, is he expected to do it on or has he done it on -- >> he has been doing it on

immigration, he basically re-wrote the immigration law by saying if you're here illegally, i'll tell you what hoops you can jump through, and i wouldn't deport you. he made up the hoops, congress didn't enact the hoops, he made up the hoops. the environmental protection agency asked congress to enact legislation which it refused to enact, he went ahead and had the environmental protection administration enact that legislation as an administrative rule. >> and the supreme court said he would have a lot of latitude when it came to regulating -- >> yes, now, i'm going to make the other argument, in fairness to president obama it is congress that has given the president, this president and his predecessors this kind of leeway. it is congress that allowed the president to get away with it. it is congress that could stop him. and congress that will probably roll over. >> they can stop him by impeaching him -- they have shown no appetite -- goes the same way -- >> impeachment would be the nuclear reaction, so to speak.

but they could defund almost anything the president wants. >> if they get both bodies on board, and they can de-fund him. >> it is not an easy thing to do. >> clearly, because they tried many times on obamacare, and failed. also, a democratic consultant, member of the interstate's democratic national committee, robert, good to see you. let me start with this quote from candidate obama back before he became president. and what kind of president he would be. >> but this is part of the whole theory of george bush, that he can make laws as he is going along. i disagree with that. i taught the constitution for ten years. i believe in the constitution. and i will obey the constitution of the united states. >> and promise that he would not do an end around congress. is that what he is planning on announcing tomorrow? >> no, of course not. let's be very clear. and judge napolitano very fairly

pointed out that what the president is doing and what his predecessor predecessors have done is certainly protected under the law. in fact if had e over steps we e not only the congress that can take action but the president, as well. that is what is at stake here for the country. this is not a legal seminar we're in, we're about governing. >> right, taking action is good, but not necessarily good when you have to do it without the congress. there is a reason we elect those people. we send them to capitol hill. there is a reason the constitution says the president has to work with them. >> and in fact, megyn, the president will work with them. but when you have a situation where the republicans and democrats in the senate are working well together they produce legislation focusing on the highway, focusing on the highway bill, the immigration bill. the legislation to end discrimination against the gay and lesbian community. and then you go to the house of representatives with the tea party caucus -- >> because you may not like what

the representatives are doing, but they're there for a reason. >> that is right, but when the house is hearing business about the extra-terrestrial forces they're not dealing with job bills or immigration. then it is important to step up on issues like climate change, and discrimination. >> was the system set up to be this adversarial, many constitutional scholars say yes. jonathan turley who is a very left leaning lawyer, keeps a blog, and says in my view obama has surpassed george w. bush in the assertion of presidential power. i don't think it is even a close question, he says. >> well, you know, let's remember, george w. bush, eight years, 291 executive orders, and

ronald reagan did about 384 executive orders. so the point is simply as judge napolitano pointed out let's look at what the executive orders are. he has not been overturned by the court or congress. for the republicans to truly be a part of government they have to come together and not let one small caucus ultimately destroy their effectiveness. >> it is not one small caucus -- >> and 80% of the public doesn't understand -- >> i think they like the grid lock. i got to go. >> good to be with you. >> hope to see you again. >> thanks. and tomorrow, remember, the kelly file is on the air starting 1:oir starting 1:1 starting 1:1:00 p.m., we're goig to have our coffee late, don't miss it. set your dvr. and controversial ad across billboards, i would like to know

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big day today? even bigger one tomorrow. when csx trains move forward, so does the rest of the economy. csx. how tomorrow moves. a controversial ad campaign expanding tonight, this billboard, featuring an american soldier and a muslim woman with the together," went up over the weekend over times square after earlier having been rejected. plus, there are now tv ads, as well. trace gallagher has more. >> megyn, the couple claims that the ad campaign features a real u.s. military veteran and his muslim wife or is based on them. now, when the billboard was unveiled in san diego, a big military town, there was a lot of anger, even here in los

angeles there was significant pushback. and now, after being rejected for at least four months from an ad company in new york, there was now a billboard just blocks from ground zero. now, critics call it a ploy. the company says it is legitimate, but say that a little controversy can sell a whole lot of nasal spray. >> i think to start the conversation you have to get noticed. but i think the controversy is generated by the emotion of these two people, and not the rational reaction, and most people don't want to see or acknowledge that this is the reality in our society today. >> now, the reaction on line is pretty evenly split. but those who are angry, especially military families, are livid, including this quoting. have you people lost your minds? do you even know what soldiers with post traumatic stress disorder go through on a daily

basis? all of the progress my husband and other veterans have made will be wasted seeing the effect this billboard will do to their mental state. the ads have run here in los angeles and on some television stations. the company hopes to put 20 more billboards across the state, but florida and texas have already told the company, no-thank you. all right, trace, thank you. and here next, the national security editor at "the blaze.com." and criminal defense attorney and fox news legal analyst. so you heard some of the criticism. i was looking at it myself. here is some saying, writing to the company, i saw you did put in the fine print that it was not endorsed by the u.s. army. that is a given. this commercial needs to stop airing. as the fiancee of a soldier, i don't appreciate this one bit. there is a time and place for things, this is not the time and place. >> you know, i lost my best friend on september 11th.

so i think i am a little sensitive to this issue. it doesn't offend me at all. kudos to the med men, the advertisers, we're talking about this with millions of people watching. they did their job. the commercial itself doesn't really endorse the product. i watched it. just shows the guy spraying in his mouth, and the other commercial is a bandaid in his nose. it shows you a little bit about the product. but yes, we're not talking about that i showed it to my friend, he says it doesn't tell you anything about snoring. >> it is to get attention, obviously, which it managed to do. >> i have no problem with a u.s. soldier depicted as the spouse of a muslim female, in any capacity. it doesn't bother me, i am somebody who has been in the field, trusted my life to muslims, both americans and muslims abroad. that is not a problem, the

distinction, the billboard with the face covering, the islamic face covering is an open debate and one i have a pretty strong opinion on. >> that is the same thing i have an opinion on, i have no problem depicting somebody of another religion, the woman in the commercial, wearing the next level of most conservative covering there is. and first, i have an issue with that because i think that stereotypes a muslim woman. there are not many muslim women that are wearing that conservative type of dress. and secondly, that is something that maybe people wear that because they want to. a lot of people don't, historically that is the type of covering that is used to

suppress and demean women. >> with an ad like that, people would understand it is a problem. >> and times square -- >> well, now they have. >> i was in times square last night, there was basically naked women all around. >> let's not forget this is where 9/11 happened. it was not muslims, it was radicalized muslims, that is why we have controversy here. stand by, after a man uses the mall shooting to score his 15 minutes of fame. can you believe this? plus "hannity" at the top of the hour. i think the revelation, the president's campaign promise, if you liked your health insurance you can keep it. when they found it was not true, the president was dishonest, the american people saw him in a very different light. thermacare works differently. it's the only wrap with patented heat cells that penetrate deep to relieve pain and accelerate healing. get pain relief that heals with thermacare.

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. well, if you missed it, there was a deadly mall shooting in maryland over the weekend. a gunman armed with a shotgun and a backpack filled with homemade explosives walked into a busy mall, opening fire, killing two employees before turning the gun on himself. and as local news stations held a news conference, one man took the chance to score attention for him. take a look at the man dancing and laughing, in front of the panel, what does this say? >> well, basically, i think this is kind of more indicative how self-absorbed in my generation, everybody is so concerned with not necessarily living the experience but capturing it. everybody is so concerned about instagram or processing it. this guy just saw an opportunity to put himself on tv. i really think it is as simple as that. >> there are very few limits to the stupidity that people will

go to, to think they're getting public attention. to photo bomb a mass shooting is the height of stupidity, but the world has become an open market with videotaping, texts sent out to friends all the time. so this kind of dumb thing will happen. >> i am in a position to talk about the millennials -- i don't know what that is all about. i think they are correct to a degree. but also, megyn, it is happening so often. i mean, i remember -- >> we're doing panels on this every week. >> so it is saturday and i get a text from my friend, like this was just a shooting in the mall. i didn't run and turn on the tv. what is this? the tenth time now? it is not like -- >> that you would be -- >> correct. >> it is just to be so self-absorbed that you don't even process what is going on

around you. >> let me ask you this, we have been doing the stories on the panel, often times with you three, about the person doing a selfie on the bridge, or the 7-eleven robbery, people taking out their cell phone, instead of helping. and people who just died in the doorway -- >> there is no delay between people thinking oh, this is something i can share and get attention, maybe there is some level of humanity that i should be showing. >> where is the humanity? >> it is absent, because the people don't have a moment to think. they just do this. and then afterwards they get called out for the inhumanity. >> but i think we see it more because of the technology. this guy that did this one thing on saturday, hypothetically if this were newtown, where 20 kids were dead, he wouldn't do that, he wouldn't be that self

absorbed. but we do this, catching the people laying on the floor, the cars going through the front door of the stores. >> well, panel, thank you. let me know what you think @megynkelly. rbz.

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. tomorrow, the factor willow p -- will opine about what the president should say. big state-of-the-union factor. tomorrow night, state-of-the-union reaction. welcome to "hannity" tonight, we have a jam-packed edition of the show. america, are you ready? let's roll. >> mitt romney like you have never seen him before. >> we need washington to clean up its act. >> i'm headed down to d.c. to see the state of the union tomorrow in the same room with president obama. now this should be interesting. jay leno and jimmy fallon talk for the first time about the big late-night shake-up. >> dear jay, i hope i make you proud. >> and you wouldn't believe what beckel did while we were down in florida