and is it legal? tomorrow on the factor. ms. megyn is next, remember, i'm bill o'reilly, the spin stops here because we're definitely looking out for you. i'm megyn kelly, live in new york city, and tonight. >> big developments with obamacare tonight as the law appears to be in new trouble and the feds make some new threats to protect it. we'll explain. plus, inside the mind of hillary clinton. >> too many women are still treated at best, as second class citizens. >> see what she said about sex, power, and men who cheat. and why it is the hottest story in washington. plus, new fallout tonight after president putin hammers the united states twice in one week. and then? the president shares a joke

not getting a whole lot of laughs. and judge napolitano is here to explain why, right now on "the kelly file." breaking tonight, obamacare rules impacting the health insurance for more than half of american workers has suddenly changed again without congressional input. welcome to "the kelly file" everyone, i'm megyn kelly. just hours ago the white house declaring new regulations for businesses that collectively employ oh, about 80 million americans in total. the white house again delaying the mandate that these employers must offer insurance to all their workers. that was supposed to kick in this year. it is really at the heart of obamacare and then they pushed it to next year, 2015. and now today they have quietly pushed it to 2016 after mid-term elections. but there is something to the rule that really caught our

attention, buried in the mountain of rules we found this nugget. in order to be available, the white house said, the employer may not reduce the size of its work force or the overall size of employees. you cannot do it unless they prove bona fide reasons. those reasons we're just learning, justified by the irs, is under threat of perjury. they tell you that you will not lay off a single person if you want to participate in our gift. you have to certify to the irs that no layoff was due to obamacare. and a former speech writer for george w. bush, and "a washington post" columnist. now, wow, if a small business

person wants to lay off a person under penalty of perjury he has to convince the irs that he is not doing it because of obamacare. >> well, he is the president of the united states, he can do whatever he wants, right megyn? this is an act of desperation. now it looks like they're kind of worried about it. that millions will lose their jobs and have their hours cut. so they're taking these desperation measures, one -- >> that is just a short form of saying businesses have to provide health insurance no their workers if they employ more than 50 people. >> or they will be penalized. >> now the government is saying you don't have to do it until 2016. >> exactly if you're in that category of 50 to 99 workers. but then they say if you're not in that category you may not reduce your work force to fit in that category.

and moreover, you have to file to the irs on pain of perjury that you didn't do it. that is orwellian, that means they have to justify hiring and firing positions to the irs, if you have 120 people and you lay off two people you have to tell the federal government why you do it. that is orwellian. >> what if they don't believe you at the irs? they don't have a reputation for not probing inappropriately. what if a group like chick-fil-a who has been in the news for standing up for principles, says i swear, i swear, what kind of road does that open up for american businessmen and women. >> first of all it is none of their business to tell you.

look, if the government creates a false incentive to lay off workers and then punishes you you on pain of perjury, a criminal offense for doing what the incentive leads to to you t it is just insane. >> there are discussions among circles that there is clearly an attempt to punt this situation until the mid-term elections, also an attempt to pump the economy, in that 2 million people will voluntarily become idle thanks to obamacare, they are going to leave their jobs, so what kind of impact does it have on our economy? then we get this report saying never mind, we're not going to do this other impact on the economy. and this comes on the heels of the cbo report on the other hit the economy will take. >> remember, president obama said in his state-of-the-union address the american people deserve a raise, remember that?

well, he is giving them a $70 billion a year pay cut through obamacare. if you look -- i dug through the cbo report and on page 118, appendi x c, what it means is, americans are getting a 1% pay cut. 1%, wages and salaries in the united states are $7 trillion a year. so that is $70 billion in a -- in lost wages directly because of obamacare. and worse, that is going to come from low and middle income workers who are the ones who depend on the subsidies from obamacare. so a $70 billion wage cut coming from the american people because of this law. >> all right, mark, we'll continue to follow it. thank you. >> thanks, megyn. >> are these changes legal? are these constitutional?

once again just done by the white house, no need for the congress to weigh in. and this is the 27th change to the law since it was passed. judge napolitano takes on those questions, also a top democratic senator says he is raising credibility questions. here is dick durbin claiming 10 million people have health insurance because of obamacare. >> 10 million americans have health insurance today who would not have had it without the affordable care act. >> that is not true, senator durbin, "the washington post" fact check er giving that four pinocchios, there are no five, there are just four, he got all of them, the paper calling that claim, quote, simply ridiculous. but today senator durbin's

office says they stand by the numbers. you got to love these politicians in washington, what is more, senator durbin is not the first democrat recently called out on misleading obamacare statistics. remember this from o'reilly's interview with the president? >> what we've ended up doing is we have 3 million people signed up so far. we're about a month and a half behind of where we anticipated we wanted to be. we have over 6 million people signed up for obamacare. >> the numbers claimed by the president were given three pinocchios for quote, significant factual errors, as said by "the washington post." also out of washington, a story we could see more of. a treasure trove of documents has surfaced from a woman who hillary clinton once described as a best friend. they say she was the sister

hillary never had. the letters appear to be from bill clinton, and already the media is looking at mrs. clinton's comments concerning sex, power, and men who cheat. the former chief investigator for the house oversight committee, and a best selling author and fox news contributor. this is so interesting and got so much attention today. what do you think is the most interesting thing as somebody who devoted years to studying hillary clinton to come out of this. >> well, you know this was my case, diane blair, jim blair -- >> that is the woman. >> yes, these are her papers. and diane blair, as you just stated, was very close to hillary clinton. and these documents that came out today are her notes from telephone conversations over years taking during the clinton administration. and in those documents we find that there was conversations between hillary clinton and jim blair, her husband, who is also

now deceased. but jim blair is the one who made famous the commodities trading. hillary clinton taking $1,000 from 1978 and turning it into $100,000 in just a few months time in cattle future trading. no one ever did that. and of course, that was one of the big investigations that we uncovered during the white water investigation. >> all right, doctor, let me ask you, she talks a lot about bill's affairs, and talks about monica lewinsky, calling her a loony tune. she says she defended her husband in a phone call with ms. blair, and said that bill had made a mistake fooling around with the narcissistic looney tune, but said he was driven to it by the loneliness of the office and the failure of his

own wife. >> the remarks were that men stray, that president could be forgiven, the lapse. she would have forgiven him for many lapses. i think it is a loss that they did not come forward openly and honestly and talk about their marriage and the constraints and the kind of forgiveness they had, instead they held a prayer breakfast, i'm not sure that she was really not that upset about it. that was not clear. she was not being honest with the american people about what the relationship really was. >> see, they talk about where there is a clinton pollsters, researcher, who concluded she was too ruthless for the american people. they talk about that bill was slick but she was ruthless. and if you read further about what she thinks about bill's

affair, some women don't see her as ruthless. she says she didn't realize the toll, the pressures of the office that were taken on him. she says she was not free enough to speak about the concerns of the office, and the toll it was taking on her husband. >> these affairs were going on all the years in little rock, and then here in washington, d.c. that is what these papers show. that she would talk to diane blair about jennifer flowers and how they were going to destroy jennifer flowers and make her into a liar and possible criminal, when of course they already knew it was true. they didn't care what they had to do to the women who were courageous enough to stand up. in these papers it shows what kind of ruthless political operative hillary clinton is. >> she also is quoted at a dinner as talking about how single payer health care is

necessary. doctor, she thinks single payer is the only way, that managed care is a crock. that is at odds with other public statements she made, when she nevsaid she never supported single payer. a lot of politicians mislead about their long-held positions. >> well, but i think here you go inside the mind of hillary clinton. it is not just that she and her husband deceived one another. they seemed to have an understanding. is that she seems to feel free to deceive the american people, as did he. i don't think they were that upset about the affair in their marriage -- >> what first couple would be sharing o-- >> i think they would come forward and say look, this is a tough job, instead, they have a prayer breakfast, she is looking very upset. these deceits go right down the

gamut. >> she couldn't help calling monica lewinsky, a narcissistic looney tunes. >> he could have said that the presidency is a lonely office, sometimes marriage is a lonely thing. >> can you imagine -- >> and -- he should have said the truth. >> if he came out and said the presidency is lonely, we would have killed him. the press would have killed him. >> i think a lot of people would have swooned. >> oh, boy, david? >> first of all, i don't know what would have happened. we got off track from our investigations with all of the sex stuff, i'll be honest with you. i wish we -- looking back, i wish we had not. but the single payer issue is very important, let me just say this, barack obama loves to say the architect of his health care was mitt romney. well, it was not.

it was hillary care. hillary care of 1993. if you know anything about hillary clinton's health care policies back then, single payer, using medicare to expand single payer, that is what she believed. that is what hillary care, and they used similar obamacare tactics to try to get it brought to the american people in 1993. and that is a very different thing than barack obama. >> one thing to bear in mind as we go forward. there was one quote from her friend that said, this is quoting hillary, i'm a proud woman, i'm not stupid. she finishes up by saying, i'm used to winning and i'm going to win on my own terms, gentlemen, thank you. thank you. and the olympic games are supposed to help bring countries closer together. but the exact opposite seems to be happening between russia and the united states in sochi, the

situation? the lighting of the olympic torch, the honor went to i rain a rod nene, she got negative attention for this. she posted an extremely racist image of our president and first lady. we blurred some of it. out of respect, you can see the offense and yet still got tapped for one of the most high profile honors of the games. what are we to make of it. it is not like this is a secret that this woman posted this and then defended it by citing our rights of free speech in our country. no one said not having the right about free speech. that doesn't mean you get rewarded for extremely racist posts. and yet in russia, turns out you do. >> well, several things in play here, administration, first of all russia is a very, very, very racist society. i could tell you the terms putin uses in private to describe

president obama but i would be ashamed to say them even in russian on tv. and he resents having to deal with a black american president. he resents america having a black american president. and as far as the games go, he is angry because of the western coverage because of the bad plumbing and bad construction. he is angry because we focused on terrorism, he thinks he scared people away. megyn, these games, for putin, they're not about sports and international competition. these games are putin's valentine, his $50 billion valentine to himself. his pyramids, his vanity, he is very prickly towards things he can't control. >> and apparently he had some sort of relationship with this figure skater personal relationship of sorts, but do

you think it was intentional, to be provocative and consulting? >> i suspect when they discussed it behind closed doors in the kremlin. putin said yeah, let that go, let her do it. i don't think he necessarily originated the idea, but it is like last week releasing the tape of victoria nuland, regarding the eve of the olympics -- >> in which victoria nuland is quoted as saying f, the eu. >> yeah, probably the only time i ever agreed with victoria nuland, but that is another issue. >> where is this going? because even in america, they say he is tough, stands by what he believes, then he is an enormous racist and homophobia-type person, where is

this going? >> well, internally, despite the fact we listen to intelligence, that says he is a bad guy russians still love putin. he understands his people in the way that obama doesn't understand his people. where is it going strategically? mark my words, after the closing ceremony of the olympics, putin western constraints. obama keeps saying well, we have a good relationship. and putin just laughs because megyn, the key to understanding putin is he has the mentality of a school yard bully. he likes to beat up the smart kid with big glasses. and obama is a smart kid with thick glasses. putin loves pounding on him. >> the women apparently in russia like him. >> yeah, he is sober. >> that is a plus. >> he is married. he is not a slob.

in russia, that is a big deal. he has got a job and he is sober. he looks presentable. >> ralph, good to see you. >> great to see you, megyn. sober, excellent. jobs, terrific. oh, that is -- just ahead, judge napolitano on the big breaking news about these new changes. the president has ordered in the health care law, once again. this is a big one, is this legal? is it constitutional? plus. a special valentine's day treat for the radical left lawyer just released early from jail. see what supporters are doing for the lady convicted of helping one of the world's worst terrorists. and then, former speaker of the house nancy pelosi hitting fox news? i was not pleased with the disrespect that he showed to the

president. >> why our next guest says that ms. nancy pelosi needs to grow up. plus, a woman who just lost her shot at an academy award. was it because of religion? foorz lait? zy or cool "meow" or "wf"? exactly the way you want it ... until boom! your mattress a battleground of thwarted desire. enter the sleep number bed. an innovative design that lets couples sleep together in individualized comfort. he's the softy: his sleep number setting is 35.

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well, president obama is not the only one taking shots at fox news after his interview with bill o'reilly. late last week, a team attended nancy pelosi's news conference where she piled on. >> one of these days, maybe i will. i was not pleased with the disrespect he showed to the president. so that was not like a warmer-upper. but -- it speaks for itself.

>> ron fornier is the senior political analyst and a former white house correspondent, well known for sparring with president clinton, good to see you. she came right out and said she was not pleased with him being disrespectful. >> well, i think she did not either watch the interview, or with colored lens, i interviewed them before office, it is our job to put them on their heels a little bit. it is our job to irritate them a little bit and challenge them. and his questions, in my view, were very respectful, on target. may not be what the president wanted to hear but bill did his job. >> the interrupting seemed to get some of the president's defenders upset. including our own geraldo rivera who had this to say about the intervi interview. >> what you did was strip him of

his majesty, so to speak. >> i don't believe a president has majesty. he is not the king -- >> he is not the public commissioner. he is a direct descendant of george washington, teddy roosevelt, and dwight eisenhower. >> and i respect the office. >> i think we should treat the mayor of hartford and the president of the united states with respect but we should also hold them accountable. and make them a little uncomfortable. bill would not have been doing his jobs if he didn't ask tough questions. now i will say one of the problems i had with both the interviews, broadcast live and on tape. you want to be careful you're not rude. one thing, you want to show respect for the office. but also it can turn the person against you. the american public don't want to see anybody being disrespected. you get your questions in, you don't let him or her filibuster,

and i thought bill stayed very much on that side of the line. >> how about this, the majesty of the office? >> there is no such thing, there is no majesty. nobody is above reproach, and the president took it very well, said when you're president of the united states you have to expect criticism. and there was a great give and take between the two men on small government versus big government. i recommend people go look, it was a really, intelligent smart argument that i thought made them both look good. >> let me ask nancy pelosi, sheisticed off because she is not coming on his show. she would have different interviews. >> if she gave her word, she

should go on. >> here is the thing, nancy pelosi won't sit for somebody who is going to give her a really hard time. i'll tell you, this is just a couple of months ago when the whole health care healthdown was happ -- health care meltdown was happening. >> as far as the affordable care act is concerned what the president said was completely accurate. >> there is no doubt that the way i -- put that forward unequivocally, ended up not being accurate. >> she doesn't want to have to sit and explain that stuff, ron. >> right. none of them do. whether you're a republican or democrat and especially now in this new media environment where all the politicians can go to media outlets that favor them and are nice to them or they can go around to all the social media outlets. they're not being asked the tough questions, frankly i think

the only reason bill was able to have a good, solid, revealing interview was because president obama really wanted that super bowl audience, otherwise he would have blown off bill, too. >> great, thank you, good for to see you. we have a special valentine's day treat for the radical left lawyer just released early from jail. see what supporters are doing regarding helping one of the world's worst terrorists who somehow became a hero. plus, late-breaking news on the health care, what critics are calling a lawless presidency. judge napolitano is next, along with the story next. we're breaking protocol. >> that is the good thing about being president, i can do whatever i want. [ sniffles, coughs ] shhhh! i have a cold with this annoying runny nose. [ sniffles ] i better take something. [ male announcer ] dayquil cold and flu doesn't treat all that. it doesn't? [ male anner ] alka-seltzer plus fights your worst cold symptoms plus has a fast-acting antihistamine.

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>> all right, we're breaking protocol here, that is the great thing about being the president, i can do whatever i want. >> that was president obama on the tour of president jefferson's home, with french president hollande, saying he can do whatever he wants because he is president. he is joking, of course, but that joke is getting scrutiny. and coming up, judge napolitano

is our senior analyst, let me just talk about one situation on friday, the security implications for the united states. that is the president unilaterally changed the law allowing immigrants deemed to have terror contracts into the country. their defense was, we're talking about people who had to pay some terrorist fine to cross the bridge every day that terrorists control. we're not talking about osama bin laden's associates. >> if the congress of the united states had limited the laws that limited the terrorists into the united states that way there is an argument in favor of it and an argument against it. but the congress didn't write the law that way. the congress forbade anyone coming into the united states who has aided a terrorist organization, voluntarily or involuntary. but if the president disagrees with the law he can change it.

you and i talked about it before. >> we keep getting new examples. >> yes, some more egregious than others, this is a very serious one because that will affect the security of the united states, the cia, the common sense, all because he on his own decided to rework the law differently than the congress did. >> there was no press release, that kind of thing until senator patri patri patrick leahy reported it. today we get this on our own, the big part of the law that requires them to insure their people until 2016. >> megyn, he would say, megyn, judge, i told you. i have a pen and i have a telephone. >> and i'm the president and i can do whatever i want. >> and i can do whatever i want. he may have said the last thing

at jefferson's house as a joke but that is revealing his inner thoughts. he certainly didn't say as a joke, i have a pen and i have a television. because he has used that pen and 12 materially to alter the law. >> 27 times. if he supplements or compliments the law as an executive thing that is a good thing. his job is to enforce the law faithfully, meaning as it was written, not as he would like it to be. >> and how about now making the irs extract under penalty of perjury, affirmations if they want to lay people off. >> he cannot do that. he is creating a crime which he absolutely is forbidden from doing. >> it is incredible to empower the irs like that under current day and times. >> all of this comes down to a

president who believes he is majestic, not to make fun of our loveable friend, geraldo. he believes he has a certainty, and unless the court or congress stops him we'll have more of these to talk about. every monday night when i'm on with you -- >> democrats are not going to be very happy about this when the republicans control the white house. good to see you. >> pleasure, megyn. well there is a new twist tonight in the saga of lin stewart, the attorney accused of aiding one of the world's worst terrorists, her client. and then she was released on compassionate grounds, she was released over objections. she received a hero's welcome, after she was released early after her sentence was cut in half. now a festival is being held in her honor. trace gallagher has more.

>> and the festival is a fundraiser to pay for her cancer treatment and insurance that this treatment does not cover. the goal is the fundraiser to get $6,000. lin stewart is freed on compassionate grounds, with less than six months to live. her ten-year sentence was upheld, the court saying she earned it. she has persisted and exhibited a disability to understand the seriousness of her crimes, the danger in which they place the lives and safety in unknown places, stewart helped the blind sheik, to the followers in egypt telling them to end the killing.

the blind sheik was believed to have conspired with terrorists, and to inspire the attacks of 9/11. not only has lin stewart not apologized, she said she would do it again. but so far her fundraiser is going quite well. >> all right, trace, thank you. and things can get a little rough on the basketball court. but the actions spilled into the stand when a player pushed a fan during a tense moment in the game. and denied her shot at an oscar because of what one film producer is calling biassed. one critic weighs in on the award she will not be getting. [ female announcer hands were made for playing. ♪ legs, for crossing.

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alone yet not alone ♪ >> well, this is a clip of the song "alone yet not alone" from the film of the same name. and we have been following how this small, faith-based film has been at the heart of a controversy after the academy yanked the film's nomination for a best song oscar. the woman singing is a christian. good to see you, amazingly this small little film which grossed about $140,000 at the box office gets a nomination for an academy award, and then suddenly it gets rescinded been the academy said well, the producer located for folks to nominate the song. we had the producer of schindler's list and others saying that people lobby all the time. there is another reason why they

did this and he believes it is anti-christian biassed. first of all, how did you get this assignment? >> well, i was at a meeting and had a song that was inspiring, and people listened to the song, especially that i was a qu quadriplegic, and they thought it would bring something inspiring to the movie. the next thing i know it is up for an oscar. >> it is unbelievable, you're not a professional singer. your husband helped you sing the song by pressing on your diaphragm, i understand? >> yes, i only have about 50% lung capacity, and so my sweet

husband had to press on my stomach to help me reach the high notes. >> the song is inspiring, so moving, lo and behold, you get an academy award nomination and as i say this very well respected hollywood producer has written a scathing letter, saying you better revisit this. this has only happened four times. he said trust me, people lobby all the time. all the experts say people lobby for a nomination. would it surprise you if the oscar nomination was rescinded due to the christian nature of the film? >> well, i'm no insider to hollywood and the way the academy works its politics, but it seems to me every art director, and cameraman and costume designer finds a way to promote his work during the nomination season. and here the songwriter of alone, yet not alone, the nomination was rescinded because

of an e-mail he sent to his friends alerting them of this film because it was so under the radar. nobody knew about this movie. so i can't really say that the nomination was rescinded because of anti-christian bias, but it would not surprise me. hollywood -- i don't know, they -- they look at low budget, limited release small christian productions and perhaps they feel that they should not be privileged to be elevated to the global stage of the oscars. and if o-- and it is a big if, that this nomination was rescinded because of its christian message it really wouldn't surprise me. because jesus was shunned by weightier opponents than those in the field of entertainment. his message has not always been the most popular among the people of the world. >> you have got a great attitude and i know you inspired a lot of

people. and no matter what happens at the academy award, johnny, it is a pleasure to meet you, thank you for coming on. >> all the best to you. and share your thoughts with us on our facebook page, facebook.com/thekellyfile, plus, hannity at the top of the hour. this is a national leader choice, there are good people at the local levels in the naacp. what does everything mean to you? with the quicksilver cash back card from capital one,

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well, college basketball star of oklahoma, watch this. has now been suspended for three games. that is it right there. for pushing a fan of the opposing team. the player says the fan used a racial slur.

the fan says not so much. jim gray is a sports caster and a fox news contributor, jim, good to see you. so who is in trouble here, the basketball player or the fan? >> well, the basketball player, marcus smart of oklahoma state, will get three game suspensions, he knows better, he can't do that. the fan, by his own admission apologized and said he called smart a piece of crap. well, what person provokes a young man to do something, gets in his face, calls a student athlete a piece of crap. i think it is exactly the opposite way around here, megyn, so the kid reacts and makes a mistake. he will pay the consequence for that mistake. you can't touch a fan under any circumstance, you must remain composed. being at a game doesn't give you a license to be an idiot, he is

an air traffic controller. >> he has a little anger management. and mr. orr has apologized and volunteered not to attend anymore games this season. but the thing is, you watch in marcus' defense, it is sort of like the football controversy we saw last week, right, with richard sherman. >> richard sherman. >> they're out there, running around, like guys playing sports and testosterone. i mean, are we being too hard on these athletes being expected to be ready to have tea right during the game and after the game, and maybe from the fans who are expected to cheer it on? >> well, i think the expectation on the fan is you should go to the game, cheer for your team and be at the game. but you shouldn't step over the line. this fan stepped over the line. in the case of richard sherman, he really didn't do anything wrong, just snapped on the television interview. in terms of being provoked, you

have to be smart, you have to have better anger management. and control yourself, this was wrong, what happened to ron artest, he was playing , and a fan threw a beer, david stern suspended him for a year, sent a message, saying we're not going to have the players going after the fans. but if the fans behaved properly. it is a few ruin iing it for th many, some of the places we go to, there are four letter worlds being thrown at the players. it is wrong. >> these are college kids trying to learn not only at the top of their game but play at the top of the game. he apologized, as well, marcus, in a heart felt way. it is interesting, even in a nonsports way from people lwe'l away. o'reilly here, what does

charles krauthammer think on the war on drugs? and also, do some of the policies discourage hard work? stossel on that. we hope to see you guys on the next factor. [ metal cnks ] ♪ this is the age of knowing what you're made of. so why let erectile dysfunction get in your way? [ gears whirri ] talko your doctor abt viagra. 20 million men already have. ask your doctor if your hea is healthy enough for sex. dnot take viagra if you take nitrates for chest pain; it may cause an unsafe drop in blood pressure. side effectinclude headache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medil help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience sudden decrease or loss in vision or hearing. [ cellphone beeps ] this is the age of taking action. viagra. talk to your doctor. . ♪ this is the age of taking action. ♪ nothing's missed with tena twist... ♪ because tena gave you a new outlook, we've given tena a whole new look.

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link to this new irs document we opened with on our segment, on our facebook page, and you can find me at megyn kelly at narcissistic looney -- no, that is a hillary clinton thing, see you tomorrow night. well, on "hannity" tonight, we have a jam-packed edition of the show. america, are you ready? let's roll. >> have you ever -- >> a "hannity" should have. >> i thought you said we could talk. >> i'm a fan, i'm a fan, we're trying to march. >> we confront the naacp leader who called senator tim scott a ventriloqust dummy for the gop. and new allegations that hillary clinton was ruthless on women involved with