teed off about anything, again, thursday, again, thank you for joining us, i'm bill o'reilly, please remember the spin stops here in los angeles becausewewer you. i'm megyn kelly, live in new york city, and tonight. >> we'll look at all of our options in the next few days. >> new political fallout after america's largest union loses an organization fight so critical that even presweighed in on the and then, see what steps the clinton camp is taking with the full president papers after a blast from the past recently raised questions about hillary clinton. plus, events moving fast in venezuela, where our diplomatindiplomats are getting the boot.

and its leaders are accusing us of plotting regime change. and finally, after today, the russians saying the cold war is back on and this russian hockey man is number one on their stance. and breaking tonight, labor leaders are gathering in houston to consider their options, political and otherwise, after suffering what is being called a major defeat. good evening, everyone, i'm megyn kelly. the united auto workers spent up to $5 million on a two-year campaign to bring the union to a vw plant in tennessee and learned over the weekend that effort failed. the workers rejecting the union in a close vote, despite the fact that vw actually telegraphed its own indifference to the uaw coming in. extremely rare. one vw worker saying he made his decisions based on recent history. >> who is paying their people great and who is not?

look at detroit, where they're city blocks of empty houses. so what is the common did theme there? others are blaming this on right wing politicians and conservative groups like the koch brothers and are vowing to fight back. when the union says they're going to fight back, given what? their $25 million donations in the past election cycles and more if you look at what they spent in the presidential race to democratic candidates, what does it mean? where are the unions going to take this defeat? >> probably in the chops, because they don't have a good immediate recourse. it is a bad year for democrats. they will be able to save democrats in a few races as they did for harry reid in 2010.

the question for unions today is how to survive the next cycle. because the rulings of the game have exchanged dramatically for unions, once upon a time they were the only game in town, the only super pacs, they do not like that others are able to play their game with them. they do not like the consequences. where they go from here is a very open question. >> they are a critical, critical fundraising arm for the democratic party. critical, i mean the out-spending, the complaining for the koch brothers, the unions out-spend them easily. so they're an important group to get the democrats elected. is this little old election down in tennessee sort of a harbinger of things to come? >> well, this is a trend we've seen since the mid-to late '70s. we're down 60 or 70% of all

private workers that are in unions. this was a hope that they could reverse that trend because there is not the growth in manufacturing the economy in the north and union-friendly states as there are in anti-union states in the south. and it is not working out for them, their last hope, of course, always, the government worker unions. and because of ironic ally for them, the hangover after the glory days, as the legacy retires and the costs pile up. their growth area in the government worker unions has expired, too. >> why did it fail? because used to be in this country, you know, norma rae, unions used to stand for something. you may not have been a member of the union, but you respected what they stood up for, power of the worker, i mean, who is for the man? so that is sort of how you and i grew up back in our day.

and now, i mean, a defeat like this at a plant that was allowing them to come in and speak to the workers and saying fine by us if you do it. i mean, you usually have a company saying don't do it. now they talked to the workers and said if you want to do it, go for it. >> let's not underestimate the consequence of the failure -- we had the big takeover of the government, the failure of ford and chrysler, we had the bankruptcy of the city of detroit. the scar that this has left on the american psyche, the failure of detroit as those two car makers and as a city and as an idea is going to resonate through america for a couple of generations. because as you see those city blocks, as that man said, the city blocks dozed under, part of that old compact between labor

unions and democrats, that is going to resonate. >> yeah, it is tough. no amount of ads or meetings in the world can get your image out of detroit and what happened there. these guys, they pay attention, good to see you, chris. well, again, auto workers, like the aflcio suggest that this is not a major loss for them. that in fact what happened was republicans and outside groups entered and created this union defeat unjustly. joining me now, republican congresswoman marsha blackburn, great to see you, representative, thank you for joining us. >> thank you. >> so now they have come out and said this is all the republicans' fault. i'm just looking at some of the statements that the republicans claimed that the employer was going to punish the workerings if they voted to unionize. that this was the new experiment in right wing zealotry.

that there was despicable interference, and politically motivated threats. >> what we have to realize is the vw plant gave the union the chance to go in and see their workers, the nlrb held the election. you had the opposition that couldn't go into the plant. so i think they're a little bit misstating. it was -- well, no, it was stacked in favor of unionization. and against the opposition, but i think what we are seeing is that individuals, the worker wants to stand up for himself. and they don't trust big unions, they don't trust big institutions. you can see it in how people distrust government. it is a trend that we're seeing. >> they came out and said in particular, senator corker, they said messed with the election

essentially by suggesting that volkswagen was going to announce in the coming weeks that it would manufacture a new mid-sized suv at this plant if only the unionization vote failed. and the union has said that was improper interference, he had no business saying that and it was not true. now, they're asking for another vote. there is talk of pushing for another vote or a do-over. do you think that is likely? >> well, you know, they may decide to do that. senator corker certainly has the right to say what he wants to say. if they try to push it again, megyn, i think they will get fewer votes now than they did the first time? >> why? >> because so many people found out at the last time that the union had a neutrality agreement. that they had already negotiated the uaw. and it dealt with their wages and what they could make. the total benefits. and you're looking at workers

now at the volkswagen plant in chattanooga who are making $27 an hour. and this is a good, solid wage. they like the arrangement they have. they like the environment they have. and they do not want big labor bosses coming in and messing it up. and just like we've seen with teachers in california and scott walker in wisconsin, people are going against the unions because they want the ability to control their life, their jobs and their earning power. and they want to be focused on earning the most that at the can possibly earn. they don't want to delegate that responsibility to a union organizer. >> congresswoman marcia blackburn, good to see you. and we're now into the third month of obamacare sign-up, and one state has yet to see one person signed up.

this area receiving a million dollars, but the website still doesn't work there. now the federworkers are callin a federal investigation. dan springer has more on this story. >> reporter: yeah, megyn, cover oregon is by far the biggest debacle among the state exchange website. not a single person has been able to use the website to sign up. now that level of futilityr led the obamacare supporter to call for a state investigation. but the republicans in the state and the congress say that is not enough. last week they formally asked the government accountability office to investigate as to where the money was and where was the oversight? >> if there was a car you had been sold you would get it taken back under the lemon law. the car dealership would be held

accountable. we need to hold government accountable for this. >> reporter: and some believe it was beyond incompetent. and criminal behavior, two top executives have resigned including cover oregon's executive saying he was misled by the chief executive officer who also resigned. here is where it gets interesting. a former state republican lawmaker announced the allegation that they lied to the government about how far along they were in order to keep the federal grant money flowing. the fbi will not say if they announced an investigation. >> having a gao investigation, what is happening in the local state is extraordinarily premature. and if it was not for some political campaigns going on he would not have made that. >> reporter: people who really

need health insurance in the state can fill out a between-page application and get the health care insurance. but right now, 35,000 people have done that. far fewer than they need to keep this solvent. so there are calls to have cover oregon scrapped altogether. megyn? >> wow, dan springer, thank you. we're also seeing a new report on obamacare tonight saying the congressman who interrupted president obama's 2009 speech on health care reform may have been on to something, these reports suggest. the conservative website suggesting that man's worst nightmare is coming true. joe wilson was the man who shouted out, you lied, during the interview. this headline, obamacare recruiting illegals in california is getting a lot of attention but is it true? michael canon is the director of health policy studies and a former domestic policy analyst. good to see you, michael. the suggestion is that illegal

immigrants are going to get coverage under obamacare, is that true? >> yes, but not in the way that bright bart is suggesting, what they are suggesting is that california is trying to recruit them to buy insurance under california's health insurance exchange. but from what the website says it appears they are just asking people who are not documented to get coverage for their family members who are documented, which is legal. now, joe wilson, the congressman who shouted you lie, during the president's address to congress, he was right on the substance. because the president had proposed and enacted reforms that do cover undocumented immigrants if they buy health insurance outside of an obamacare exchange. now, i think that the health insurance is lousy and i think the reforms are going to hurt them. >> let me just stop you right there. you lost me, these are undocumented workers who are going to buy health insurance

through healthcare.gov or cover california, or some private insurer outside of those two? >> outside of it. in every state you have an obamacare exchange, whether created by the federal government or the state itself. and you can buy health insurance either through that exchange or outside of the exchange, directly from an insurance company. and if you are undocumented you cannot do the former. you can only do the latter. you can only buy directly from the health insurance company. >> and that was the case five years ago, was it not? >> well, it was the case they could buy directly from a health insurance company, there were no obamacare exchanges. but the community rating price exchanges apply in both instances, and therefore, joe wilson was right on the substance, because if you are undocumented and you buy health insurance not through an obamacare exchange then you are still covered by the reforms in obamacare. >> still getting the benefits of the new policy. >> well, it is unclear whether they are really benefits,

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and developing right now on "the kelly file," a top senate republican says the justice department has just missed a deadline to explain president

obama's recent run of executive actions. this, just weeks after senator mike lee grilled the attorney general over whether this behavior is even legal. joining me now, utah republican senator mike lee who is a member of the senate judiciary committee. good to see you, sir. so eric holder has received that request and said, i don't think so. and so what is your next move? >> well, our next move is to continue to question him. i questioned him in the judiciary committee a few weeks ago and still have yet to receive any satisfactory response. so my question about what gives this president the authority. the attorney general, to my great surprise and dismay really didn't have anything. all he said was i'm sure there is authority in there somewhere, i don't know whem, i'm not sure who reviewed it. i reminded him he is the attorney general of the united states and all he said was i'm sure we have something that covers it. but this is a problem, megyn,

because we have a constitution. the purpose of the constitution is to prevent one person from getting too much power, especially our chief executive. and that is not being followed. the constitution is being openly flouted. >> we have been talking about this for weeks now, we did a whole special about what the president has done. we had law professors from both sides of the aisle who had questions about the president's behavior. the question is, what is going to be done about it? you know, you can write letters to eric holder, but what is actually going to be done? >> okay, well, let's take for example the president's executive order suspending the employer mandate, which by the way overlooks the individual mandate. it forces hard-working americans, the poor and middle class to comply with their mandate but tells big businesses that they're off the hook. that decision is very difficult to challenge in court. it is very difficult to find someone with article free

standing to challenge that in court. the best thing that we can do in congress is to with hold funds, for congress to exercise its power of the purse. james madison talked about this and said when the president abuses his power, the best thing congress can do is with hold funding for the president, so the president can't continue to hurt the american people. >> going to happen? >> i would like to say it happened. i would like to see -- >> i know you would like to, but what are the odds? >> well, okay, so the odds for that happening, mega, go up every single time the american people see that the poor and middle class in the country are being hurt by this president. arrogating power to himself that does not belong to him. it belongs to the people. and doing it in a way that hurts hard-working americans, especially the poor and middle class. the more it happens the more the american people see it. the more pressure the people in the house and senate will feel to start changing the way we

spend money in the senate. to stop simply funding the president in this excessive overreach. >> okay, senator, thank you. just ahead, see what steps the clinton camp is honestly? this deal was way too good to believe. instead of paying too much for an ipad, i got the surface 2. first of all, it comes with office and outlook. then, with free skype calls to phones in over 60 countries, i can talk to my cousins any time. and then, i got 200 gigs of cloud storage -- free -- so i can get my photos and stuff almost anywhere. others charge for that. surface is such a great deal. i feel like i should tell somebody. hey! ♪ honestly ♪ i want to see you be brave ♪ [ male announcer ] to truck guys, the truck is everything. and when you put them in charge of making an unbeable truck, good things happen. this is the ram 1500. the 2014 motor trend truck of the year.

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and breaking news tonight out of venezuela where new riots could erupt any moment now. seeing from in dramatic video over the weekend, protesters battling police, angry at their own government for the country's high inflation, violent crime and scarcity of basic needs. security forces used rubber bullets and tear gas to break up the demonstrations that left four people dead.

and now, we're learning more violence is expected as the country kicks out three reported u.s. diplomats, accusing them of encouraging the riots to oust the new leader. first of all, what is happening in venezuela here? >> well, i think this is another manifestation of how divided the country is. there is a lot of opposition to oduro, the successor to hugo chavez. they have failed to win elections, but also because of their own lack of organization. what you see in this demonstration, there are new threats, lot of students involved. that is why they were kicked out. basically provoking them. >> pushing for regime change. >> exactly, that is why oduro wants to turn this into an argument about the u.s.'s interference instead of his own poor performance. >> did we do it?

>> well, i'm sure we didn't. this is a regime that is not only a problem for chavez, but funding left wing radical groups, trying to destabilize the groups in latin america. maduro has to cement his popularity in venezuela, but if he is able to do that, that threat will repair. >> is this the kind of movement we should get behind? these student protesters? >> well, the obama administration even more than the bush administration tries to stay out of this, i wouldn't hesitate, i think american interests here would be better served with the hugo chavez movement out of power. and i think if you had truly free and fair elections where the press was not suppressed. where business was not being kicked out of the country, the sanche chavez followers would fall.

>> maduro announced that he has given the order for them to be kicked out. he wanted them to be declared as persona non grata. >> we usually say png, where the government is saying you're objectionable, get out of here, in other words, yankees go home, blame it on the united states is historically a convenient way to deal with trouble in latin america. and maduro is trying to pin the label on them to discredit them. >> png, wow, that is tough. thank you, we'll continue to follow it. up next, some critics saying vetting hillary clinton for president is sexist if you mention anything about her husband's behavior. plus, a jury convicts a man for shooting a black teenager in

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from the world headquarters of fox news, it's "the kelly file." with megyn kelly. well, new fallout tonight, a week after a treasure trove of documents cast a harsh new light on hillary clinton's three decades in public life. the was free beacon, a conservative newspaper, said the clinton foundation is keeping a very tight leash on an extensive group of papers from bill clinton's tenure as governor of arkansas. joining me now, special counsel to bill clinton. let me start with you as a writer for "the washington free beacon."

and your thoughts on -- just explain to what is happening now with the supposed lockdown of the papers. >> right, alana goodwin had gone to get these papers, the first reporter to go down to the university of arkansas and get those reports. and now, she is trying to get more information from another area, another university where they have some information from document documents that bill clintons. they are not wants to give them out because they have to have permission from the bill clinton foundation and that is not something they have chosen to have access to. >> the documents from hillary's best friend, in which she talks about a lot of things, including bill's relationship with monica lewinsky, has unearthed the debate about whether this is important stuff if hillary clinton runs for office. to discuss this would make one a

sexist, a mysogynist? >> the definition of sexism, there is no question that women are seeing a double standard here. and yes, i certainly see one. but i also think it helps hillary. she has greater popularity than she ever has, the american people, except for people who are just compulsive clinton haters, are not holding her responsible for what her husband did. if the roles were reserved, i can doubt that the husband would be held responsible. my wife wanted me to tell you, as i left the house, my wife is a great fan of yours, caroline said please tell megyn this is sexism and mysogyny, i said how do you spell it? >> taken away from it, bill had affairs, whatever, he was

accused of sexual assault and so on. is it not relevant, if hillary clinton understood those things and attacked those accusers and came up with ways to discredit the accusers, based on solely political motivations. >> well, anybody has a right to call something important, if you think it is important, i respect that. most americans moved on from 19 years ago and respected bill clinton's apology. president clinton left office with a 65% approval ratings. so most americans would say we're concerned about jobs and the future. hillary clinton is the most public-spirited person running for any office if she runs. and that is what she will be judged on. >> i would say it is not sexist, i agree with that. when people talk about what is being discussed about hillary clinton and her past, they're

separating two issues, they brought up rand paul, he brought up bill clinton's affairs, and carl rove says that is not a good strategy. if you're trying to say the reports on the beacon were sexist, you haven't read the reports. the affairs were really a minor detail in it. what that report showed was that hillary clinton in 1993 when she was head of the task force for president clinton's health care initiative she said she thought that health care payer systems are necessary. >> we talked about that. and that is less controversial. and i haven't heard anybody on the left saying o-- >> i have heard them saying don't get into monica lewinsky. don't get into the parade of women we discussed back in the '90s. and i want to ask you this, because one of the women mentioned in the hillary papers was katherine willy, who claimed

that bill clinton groped her in the oval office, well, i actually just sat down with her and we'll air it tomorrow. i will state for the record to your wife and two commentators. i am not a sexist, or somebody who hates women. but we talked to her about why she feels his history is relevant. and she was far less concerned with bill clinton in this interview, and far more concerned with hillary clinton who she says has a long history of targeting women. >> your guests, the reporting is supposed to be accurate. i never mentioned the beacon, let's get it right. carl bernstein did report on it. to say the free beacon got it first is silly. to address your question, what senator rand paul did was to apply a double standard, was to blame hillary clinton and to use this device if she runs for and

standard. >> if you want to say the woman is somehow at fault for the husband's affairs. >> that is the only issue -- >> but if you take it beyond that. now these republicans seem to be trying to get into something more nuanced than saying it is not she is guilty because he fooled around, she is guilty because she went after the women. and also, he would be our first man. >> well, whatever she said to diane blair between two people having a private conversation, for us to be debating that conversation 20 years later and try to figure out what she meant. and especially when we're talking about today's issues looking forward, i'm just suggesting to you, respectfully, megyn, the american people don't care about this other than people who might be in the news business and go back over history. fine, i'm not challenging your right to do that.

but i'm saying as voters, this is not going to be an issue going forward. her capability, she is one of the best people i've ever known. and she will be judged on her abilities to serve. >> when mitt romney ran the washington post did a big feature on how he bullied somebody when he was in high school. so certain publications on the left, media, outlets and so on had no trouble going into the long-ago history of the presidential candidates. but when it comes to mrs. clinton they seem to have a very strong view on how far back we can go. >> right, and george bush, they went back on his drinking issues, he was 14 years sober. when you have been a public figure for a long time your past mattered and compounded for a long time. and it goes to issues of character. for hillary clinton, i don't think this issue is just contained to how she dealt with the women bill clinton was said to be having affairs with.

and monica, i think it has to do with the situation with senator bob packwood, talking about the potential to pass for health care, that matters, she essentially dismissed the sexual assault because it didn't go with the political merit of the day. that matters, she should explain it. >> let's at least have your viewers hear, this is supposed to be a reporter who reports facts rather than an idealgue, there are certain people that are interested in what happened many years ago, people like me said the attack on george bush was ill illegitimate, if you want to use this kind of example, you have that ligright. but most americans will not be

paying you attention. >> i would just disagree, i think what lanny is doing is trying to make a personal attack rather than debating whether the issues matter today. >> i thought you were personally attacking hillary clinton. >> i am just trying to discuss what the blair papers -- >> a personal attack -- >> they were in that information, it was public information out since 2010. we were the first organization to get it so i think it is important to analyze and look at it in the context today. because nobody else had done it before. barack obama mentioned that it was something that existed in 2008, but they had not accessed it. >> you certainly set off a fire storm, thank you both for being here. and regards to your beautiful wife, lanny. and tomorrow, we can't miss the interview with the woman who said she was sexually harassed by bill clinton. we'll put those questions to the test. and we'll ask her why is this relevant what happened with the clintons so long ago, katherine

willy will join us, and see why she believes the clintons do not belong back in the white house. and he was convicted for attempted murder for shooting at a carful of teenagers. why are some people complaining that the jury did not go far enough? we'll talk about it. plus, the cold war is back on, that, according to the russians. average russians are saying today it is back on because an american hockey referee, well, we'll tell you. they're declaring him national enemy number one. later on "the kelly file." aflac. ♪ aflac, aflac, afc! ♪ [ both sigh ] ♪ ugh! but then we realized. consumers already did that. twice. huh. maybe that's why nobody else showed up. how does one get out of a death cage?

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well, a controversial verdict setting off a debate, 44-year-old michael dunn was convicted after shooting at a carful of teens after an

argument escalated over loud music coming from the teen's car. killed from the gunfire was 17-year-old jordan davis who was in the car. mr. dunn was charged with first degree murder in killing davis, but the charge was declared a mistrial after jurors could not agree on a verdict. and yet he was convicted of attempted murder. so why was everyone so upset? greg jarret is a fox news anchor and attorney. i get it that the jury was hung on that. but several counts of attempted murder, he is basically going to jail for the rest of his life. why are people so upset? >> well, they shouldn't be, because in some ways it doesn't make sense to retry him on the first degree murder charge because he is gone. also, of course, he prevails on appeal. that was the first thing i said when i was on the air. this appears to be an inconsistent verdict. how can you find on attempted murder but not on murder? and that indeed was on the basis

of the motion for a verdict. to set aside the verdict. >> one thing on appeal, there is the race here, the deceased is black, the defendant is white. people have been comparing this case to the trayvon martin case in florida, as well. and the george zimmerman case. >> they surely have, in the zimmerman case, even the prosecutor addressed it in closing arguments. in this case, it was sort of subtle. it was hovering over the courtroom, but the reference, the rap crap is how they reserved to their music. so the jurors, it is not clear how much it may have played in on their decisions snow and watching their coverage and the verdict we saw over the weekend, you would think the guy got a complete acquittal. i mean, there was another anchor who -- he went ballistic, you

and he got into twitter war. he was p.o. 'd, out right, personally, you said it is all about you? >> this is an anchor who set aside the objectivity, who said it was an open and shut case. my goodness, this was a fellow who was not inside the courtroom and didn't see all the evidence. he did not watch all the witness testimony and was not in the jury room for deliberations and he had the audacity to say he knows better than the jurors. i never publicly characterized another anchor, i wanted to throw open the window and say i am not going to take it anymore. so i did the modern-day view,

and tweeted. >> he came out and said i'm outraged. i'm going to be outraged if the verdict is such. and this is an african-american anchor at cnn, the danger in doing that, it could stoke the fires and lead other people to believe they should be outraged also. in this case, the judge came out and praised the jurors, saying look, they have embraced their civic duty, they should be commended for that. do you think we have a special duty not to stoke fires? >> i think you're absolutely right about that. he appeared to be trying to gin up controversy, what was his motivation, was it race? to draw attention to himself and increase his ratings? i just don't know. it was wrong and arrogant. i said so i said it was pompous,

and arrogant. this is a guy who is not steeped in the law, he didn't explain murder versus manslaughter. >> let me ask you this in his defense, some people were outraged saying how could they not convict him of murder? sometimes as an anchor, you give voice -- >> but he can do it in a fair and balanced way. he had legal analysts with him. he could have asked referenced points, waiting for points of view and allow the legal analysts to voice the outrage, let your viewers do that. it is not the role of a television ancho if he wants to offer his opinion as he does all the time, he i really ought to have some sort of talk show which is vested inp opinion. >> he said some very controversial things about t republicans. >> his response to me was calling me an old man. >> that was beyond the pale! an

>> i don't feel old. i'm about to turn 59. >> he was right about you! see .you. coming up, the cold war is back on as far as russia's concerned. we will show you which, plus hannity at the top of the hour. that's for the naacp to decide. i think the attacks are bigoted. >> yes or no? ♪ ♪ ♪

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. according to some russians, the cold war is back on, all because of a call you see here made during the u.s./russia

hockey match over the weekend. >> just five minutes on the clock and russia appeared to score a goal, and of course the fans went crazy. then the goal was taken away because the net had moved. russian announcers and fans then went from elated to irate. but the picture really told the story. you can see the picture here. the post had clearly moved off of the red line. first they said the american goalie moved the pole, then they turn turned. they said an american referee and th puppet federation deprived us of a deserved victory. even a member of russia's parliament criticized the ref.

it was clear the pole had been displaced prior to the puck going into the neck. did that satisfy the russians? nyet. even president putin said the game should have been stopped. but then he said even if the judge was wrong, we mustn't stick labels on anybody. we can't forget that the sport takes courage but also luck. >> we mustn't stick labels on anybody? isn't this the guy running around about gay people? you're a shining beacon of how to treat others. we want to know what you think, send me a tweet @megyn kelly. oh, i like that one. it's so quick! it's just like my car insurance.

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when you access everything, you give everyone access to everything about you. but that's ok. while you do your thing... [ alert rings ] we'll be here at lifelock, doing our thing. watching o forhings your credicard alone can't. [ alerrings ] and relentlessly protecting your identy. get lifelock protection and live life free. [ alert rings ] and tomorrow night, a woman who made international headlines after accusing president clinton of groping her in the presidential office. kathleen willie tomorrow night at 9:00. set the dvr now. dvr. welcome to "hannity" tonight, we have a jam-packed edition of the show. are you ready? america, beckel is in the house, let's roll.

>> ted cruz is so hated among his republicans that at the tuesday lunch they have, every tuesday, he will need a food taster. >> why do liberals hate senator ted cruz so much? bob beckel thinks he has the answer. and civil rights leaders denounce the latest rash of comments, this time levelled at supreme court justice clarence thomas and his wife. >> you look up at the sky, you see there, it