when writing to the factor or doing anything else, do not be meretricious, and ms. megyn is next, i'm bill o'reilly. we'll be back on monday, and please remember the spin stops here because we're definitely looking out for you. i'm megyn kelly. and tonight? >> a kelly file exclusive for the questions for the man behind this film. >> obama has a dream, that america be down sized. >> key senators now asking if dinesh d'souza was targeted for political payback. he joins us live. and then after heroin turns up at a grade school the teacher's union decides to stonewall the investigation? tonight, some fired up parents join us with their reaction. plus? >> the affordable care act was

supposed to save $2500 a day. what happened? >> an unguarded moment in a question over obamacare has touched off an angry national response and you will see why. and "the kelly file" follow-up on the parents trying to get their 15-year-old daughter back from state custody. >> every time i see her my knees buckle. i cry, it is just tearing apart our family. >> why did the police show up as the family tried to visit justina today. and republican senators now demanding the head of the fbi explain exactly why the agency pushed for an indictment of one of the president's most effective critics. and that critic is here. welcome to "the kelly file" everyone, i'm megyn kelly. this started last month, conservative filmmaker dinesh d'souza hit with federal

charges. those charges are raising red flags for some, because d'souza is behind the box office hit "2016," a film that is very critical of the president. the letter calls attention to these concerns citing alan dershowitz saying i can't help but believe that d'souza's politic politics have something to do with it. the letter urging them to dispel this, it is impossible to pinpoint the precise origin of this. joining us now, dinesh d'souza. so now you have republican senators demanding answers from the feds on why this charge? many had asked why this filmmaker, why this case, a case this small, has it been elevated to this level. and i know there is a limited amount you can say about it being the subject of the case but i want to ask you whether or

not you believe this could be retaliation? >> well, as a lawyer you know, i can't talk about the case itself. in fact, my attorneys have been very emphatic about that. so as much as i would like to, i can't speak about the case itself. but i will say i made a film very critical about obama, i know he was very unnerved, upset about the film. i am about to release a new film called "america." and if obama was unnerved by 2016, wait until the new film comes out. so i am a public critic of the president and i do recognize this has made me vulnerable to some degrees, a form of counterattack. >> how do you know that president obama was outraged by "2016"? >> well, a few weeks after the film came out there was a

vituperitive attack on me that appeared on barack obama's website, barackobama.com. he took issue with the facts in the film, but it was very clear from his diatribe that the film got under his skin. >> did you worry at the time that maybe you had pushed it too far, that there may be retaliation against you? >> well, i heard that obama was a very vindictive guy, and when i was in kenya, i noticed that the family was very protective. when we got to obama's family homestead, even though we were in a different city they knew all about the interview with george and they would not cooperate with us. we asked how they knew about us, they said we have george followed. we're on his track, we know who he meets with and gives

interviews to. so this struck me as odd, here you have a kid in his late 20s and 30s and the obama family was having him followed. >> do you believe that obama is capable of this receipt t-- retribution is actually happening? >> well, let's remember after "2016" came out, my partner, the producer of jurassic park and schindler's list, he was contacted by the irs and followed. this focus of the tea party group somehow seems to have extended to the guys who made "2016." i think it is the broader pattern of going after people who are critics. not just me, but the hollywood guys, the group friends of abe, these are hollywood guys who are conservatives. so i think there is a fence here that obama treats his critics

not merely as people who disagree, but as enemies. and by the way, megyn, that is the big theme. obama's mentors in his book says you should treat your opponents not as well-meaning people who disagree with you, but as bad guys. you have to polarize, demon iiz that clearly is what the obama administration has been doing in general. >> dinesh, thank you for being here, we'll continue to follow it. and developing tonight. new reaction now after two democratic congressmen and a democratic senator are caught on tape in an awkward moment thanks to a constituent's question about obamacare. watch this. >> i thought the affordable care act was to save $2500 per family. what happened? >> i voted no, so -- >> well, critics immediately

reacted to the laughter you heard there. pointing out that just this week "the new york times" pointed out how the public sector workers are having their hours cut because of the obamacare insurance. and in west virginia, obama got part of the blame because of the shops closing. and in georgia, they are closing hospitals and they are blaming obamacare payment cuts. mark teesen is a former speech writer for president bush, and joe trippi is a fox news contributor. so i get this was a hearing about agriculture. and then suddenly a question came up about obamacare, mark. but it is not a laughing matter for a lot of americans. >> yeah, and i don't think democrats are going to be laughing in november. i mean, look, it is not funny if you are told you could keep your health plan and then you find

out you're losing it. it is not funny if you're a cancer patient and you're told you can keep your doctor and told that is not true. it is not fortuunny if you're a working family and told your premiums would go down $2500, and those are not laughing matters to american people. the one thing americans hate more than being laughed at is lied to. >> joe, what did you make of that moment? >> well, i mean, the local station itself said the laugh taxpayer part was sort of taken out of context. it was started in the crowd and members of congress, they were all taking it seriously. >> let me just say something, i read the statement and everybody on the team went back and looked at the tape. i didn't see anything out of context. the only thing that was out of context was it was a hearing about agriculture and they got a bit surprised about the question at the end. even if it does start in the

audience, joe, does it matter? these are the people, two out of those three voted for that? >> no, actually, i think peterson said he didn't vote or that he voted no -- >> that is right, two out of the three voted for it. >> no, no, and megyn what i'm saying is people, the crowd laughed at that. they thought that was a funny thing o-- >> can we just watch it again, let's just watch it one more time. i'll give joe the floor, can we have it queued up where he asks the question. >> i thought the affordable care act was to save $2500 per family. what happened? >> i voted no, so i'll give you guys -- >> you can see, joe, that the lau laughter starts before, even before he takes the mike.

does the question show insensitivity? >> i don't know if it shows insensitivity. i don't think democrats are laughing about it. i think this is going to hurt a lot of democrats that are up for election in 2014. both parties have a ton of problems. this is going to be one of the democratic party's problems as we go into 2014. i don't think anywhere near as big as the republicans would like it to be or think it is going to be. but you're going to have moments like this from now until november. and there will be problems with republicans, as well, as we move forward. >> uh-huh, go ahead, mark. >> yeah, i think it shows they don't have an answer, the only democrat who had a good answer was the one who said i didn't vote for it. if you're a vulnerable democrat unless you can say i didn't vote for it you're in trouble this fall. >> well, that is not true, mark. >> yeah, it is, if you're a vulnerable democrat in a red state. >> no, joe. >> hold on, let joe make the charge, why is that not true,

joe? >> the problem here is most americans actually think there are good things about the law whether it is stopping the insurance companies for throwing you off if you get sick or pre-existing conditions or young people being on their parents' plans. they think it should be fixed. that there are problems with it and it should be fixed. the democrats are saying hey, we passed this. it was not perfect. it has a lot of problems. let's fix those problems. the problem is here on the republican side, the republicans say no, it can't be fixed. let's repeal the whole thing. and i think those two arguments are going to happen. >> go ahead, mark, i'll give you a chance to respond. >> i mean, joe, i hope the democrats agree with you on this because it will be deadly in november. the reality is there are 12 senate democrats who told the exact same lie as barack obama. you can keep your plan, mark warner said i will not vote for a plan that doesn't let you keep

your health care plan. kay hagan said this, they lied to the american people, and it is unequivocal, and they will see during the elections. >> gentlemen, good to see you both. the first lady now taking heat for remarks she made on the newly hosted "tonight show." we'll show you who is upset. plus? she is at her breaking point. and we can't stand by anymore and allow this to happen. new developments in a family fight to get custody of their 15-year-old daughter back from the state. why did police show up as the family tried to visit justina today. plus, the family broke the story, and the police decide to stonewall the police probe. up next, "the kelly file" takes the investigation a step

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faculty bathroom at an elementary school. not once, but twice since december. the parents were just told about it. the superintendent just sent a letter to parents saying quote, an employee of the districts found drugs and related paraphernalia in a school rest room. they failed to specify that the drug was heroin and that it was a faculty bathroom. and after the police narrowed the search to a small group of employees the teacher's union stepped in and pushed those teachers to stonewall the criminal probe. joining me now, parents of three students at this school and robert hayward, whose son attends the school, as well. you find out, you get the letter, it is so generic, they found the drugs in a school rest room, so generic. >> we found out about it all in the same day. the letter came home on tuesday afternoon, we were sitting on the couch, and we looked at the

screen. we turn up the volume and listen to it. >> you have a 6-year-old in this school. >> we have a 6-year-old, i have a 6-year-old son, a stepson, and 11-year-old, they all go to the school. >> this is crazy, robert, you have a 9-year-old. >> yes, i do. >> you have to worry because the parents originally agreed to give urine samples, and then they said no, don't do this. now only the one union guy has said do it, now the other seven are saying no, don't do it. you are worrying about the heroin user. >> that is the problem. >> and when you went to the school board did you get any satisfaction out of the school board? >> the only satisfaction if got, i realized they were all lies. >> why do you say that? >> because the carefully edited speech, watching him, making no eye contact. that is the superintendent. the other guy you could just see in his face as he is smiling.

that is why i sat in the front row. i wanted to see the body expressions as well as pay attention to what they were me. they're carefully worded, they didn't make me feel comfortable that they provided a safe environment for my child. and i have a problem with that. >> and keith, what do you think about that? to send your kids to school, i am sure you don't suspect individual teachers but who knows? >> right, and that is the issue. i transport kids for the district. i have to take a drug test to put them on that bus i drive. i now have to send my three children to school and not know if it is their teacher? or if their teacher is going to od because he wants to shoot up in the bathroom. and it is scary. >> yeah, you think about what just happened with philip seymour hoffman and the damage that heroin can cause, it can literally cause to your life. and there is a person who is so in need of this drug in your

children's school, that he or she is shooting it up in the bathroom. they can't just do it at home, and so distracted by the behavior that not once but twice they leave their paraphernalia behind. you have been an emt? >> i still do. >> you have seen what this drug can do. >> it is scary enough to have a person who has either overdosed, who takes heroin in the back of an ambulance, with the thought of them taking it in a classroom, as one-on-one, a janitor, anything, it is nerve-racking. these children have no idea what to look for, nor should they have to. you go to school to learn, not to question what happens if my teacher falls over or has problems, what do i do? >> what if the teacher gets clean and goes through withdrawal in the middle of the school. they said look, we contacted the

police department when the first incident happened, another on valentine's day. there is a criminal probe, and the teachers have the right to do what the union says, assert their due process, and that means they don't have to give blood or yooun, your thoughts on that? >> my thoughts on that. i thought it was totally wrong. i always assumed the teachers got drug tests and that they're taking care of the children. evidently i'm wrong on that one. and i think they should be drug tested. and if they have a problem with that, it is their problem. >> it would be nice to see the seven come forward and volunteer to take the test, in particular the ones who really have nothing to hide. good to see you all. we'll continue to follow it. >> thank you. and just ahead the first lady finds herself in the middle of a controversy after an appearance on late night tv. plus, the feds are now warning about mexican cartel-style kidnappings now ♪

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well, a fire storm has been growing in the last day or two after ted nugent's insulting comments over president obama. earlier today, nugent apologized, sort of, for calling the president a sort of "sub-human mongrel". >> i did apologize to the president, not on my behalf, but much better men. >> and greg abbott has come under sharp criticism for campaigning with nugent in light of those comments.

but is there a double standard when it comes to the outrage over nugent's comments. joining me now, bernard goldman, good to see you, is there? >> there is a double standard on both sides. this is a story, megyn, about monumental and despicable hypocrisy by liberal media and conservative media. if a conservative like let's say sarah palin is slammed by, bill maher, liberals play down the story, conservatives are rightly outraged, but liberals are not. but when a liberal is called a "sub-human mongrel" what happens then? conservatives ignore that story, too. so when it comes to moral outrage, give me a break. on moral outrage, neither side has an ounce of credibility as far as i'm concerned.

>> speaking of outrage, i think i said goldman. >> i was going to let that pass. >> ted nugent has said so many completely outrageous things. it is not even like borderline, it is so far over the line, that it is almost like he did it again. the story is about the politicians who choose to campaign with him. greg abbott, for the past three days we've called him to get him on the show so we could question him about why he thinks that is an okay thing to do? but is it a fair game to go after abbott, as we talked about president obama who is okay to take money from a super-pac who called sarah palin a c-word? >> fair on both sides, yes, it is fair to go after the man who could be governor of texas. in texas, you have to do two things as a local reporter said.

if you're running for governor you have to just be able to do two things. one of them is lead a prayer, and the other is know how to shoot a gun. so ted nugent knows how to shoot a gun, he is not going to criticize him. and i will criticize the man running for governor on the republican ticket. the same thing with barack obama on the other side, that is why i say this fake moral outrage on either side, that is all it is. it is fake. nobody cares, they only care when you slime somebody on your team. they don't care when you slime somebody on the other team. and these conservatives who have these family values and are so concerned about civility and decency, let me tell you something else ted nugent once said. and feel free to [ bleep ] anything you want. he is on stage with two machine guns in his camouflage outfits two years ago, he said obama is a piece of crap, but didn't use

the crap. then he says i told him to suck on my machine gun. and then he says hey, hillary, you might want to ride one of these machine guns off into the sunset, you worthless [ bleep ]. and what happens in the conservative media? oh, they welcome ted, he says he has family values, he is one of us, they're a bunch of hypocr e hypocrites too. >> well put, bernie, thank you. and in a dramatic new twist, a 15-year-old girl taken from her parents in a fight over her medical treatment. >> every time i see her my knees ♪ ♪

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>> because police and some suspects were arrested trying to pick up money left in a chicago park in north carolina. a man kidnapped outside of a home improvement store. mexican criminals called his girlfriend, demanding $200,000. she contacted police and they traced the calls locating the victim as well as suspect the victims do not have numbers because most of them happen so fast. but they're looked at as armed robbery buzz former cia

agent mike baker says theys are well-seasoned criminals >> they're practicing what they know. they're doing doing what they've had success within mexico and elsewhere, and moved it into the u.s. if it wasn't a successful way to raise cash, they won't do it. they tend to be efficient criminal gangs >> get this n mexico they estimate between 50 and 300 of these express kidnappings per day. now, because the north is target rich they're moving into the united states. >> thank you. >> first lady taking criticism for remarks made on the tonight show the hope was to get young people to sign up for obamacare, her

choice of words seem to be ticking people off. >> once people hit 26 they are on their own. the truth is that young people are knuckleheads. you know? they're the ones who cooking for the first time, slice their finger open, dancing on bar stools joining me now dana lash and on -- ebony williams why are people upset with this? >> i don't take issue with her saying young people are knuckleheads in my early owe 0s i was married and had a baby and was already working. i was cooking as a teenager. i didn't dance on a bar stool. i just, we saw the

insurance ads out of colorado. this solidifies okay they think of mellenials as coyote ugly girls. it seems condescending to me. >> that is what we heard in town halls it's clear this administration thinks my generation is a bunch of idiots >> i just think people are taking that too seriously. i i just got out of my 20s last year. i don't think i am a knucklehead. i don't think that was a good choice of words but point is well taken my generation views themselves as

insincible. we're not looking toward long term gratification. so i think that is also reflected in sign up. you pointed up the point was not just for laughs and giggles, to encourage us to sign up at 25% sign up rate. so interest is a lag that needs to be addressed. >> is it about what the first lady said or the dislike people on the right have for her? she gets a lot of flak for minor things. that happens because they just don't like her. or to the president because they just don't like him. >> with this comment, i get she's trying to be funny. she's doing, if you're going to go try to sell obamacare, i think as barely gen y. but no. what you're trying to sell obamacare

you're going to go on "the tonight show". >> you shouldn't insult them >> well, exactly the thing is that, sorry, megyn just doesn't make sense if you need millenials to keep obamacare solent? >> let me ask you this, president obama getting criticism because he's come out with a statement trying to make us believe 10 million people signed up for obamacare. 10 million americans in the first months have gotten health care thanks to obamacare. and that a big chunk is a medicaid number. the very same medicaid number he's been using repeatedly he's been called up for that has been given three pinocchioos by the washington post and with a

warning saying people need to stop using that number it is false. why does he keep doing that? >> i can't speak to why the president is using a number that may be faulty but 10 million comes from medicaid expansion. >> no. no. the, in the medicaid number he's saying that 7 million americans have access to health care because of medicaid expansion. fact checkers have said that is not true. they had medicaid before obamacare. that is a repeatedly he keeps using the number. >> well, i think again i'm in the defending that usage. i think the president struggled in terms of messaging. i think the point is well taken. he's trying to get people to sign up before the deadline ends.

>> they're trying to overstate the numbers. see how great it is? 10 million already in the water. got to go. >> thank you >> coming up next a dramatic twist. one day after this girl's family defied a court order to come on our show ask a state mrof show up at their family visit today. next. >> she's at her breaking point z we can't stand by anymore and allow this to happen. impact life expectancy in the u.s., real estate in hong kong, and the optics industry in germany? at t. rowe price, we understand the connections of a complex, global ecomy. it's just one reon over 75% of our mutual funds beat their 10-year lipper average. t. rowe price. invest with confidence. request a prospectus or summary prospectus with investment information, risks, fees and eenses to read and consider carefully before investing.

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. and a year later, she is paralyzed below the hips, in pain 24 hours a day. every time i see her my knees buckle, i cry. it is just tearing apart our family. there is no reason why somebody in this country could not stop this and said time out. >> that was lou pelletier, the father who lost custody of his own daughter over a medical disagreement with the massachusetts hospital. a few years ago, then 14-year-old justina pelletier was diagnosed with mitochondrial disease, but last year, the doctors at boston children's hospital said the symptoms were all in justina's head. the hospital accused her parents of medical abuse, apparently for subjecting her to medical treatments boston general deemed unnecessary. the state then stepped in and managed to get custody of

justina. the family is so worried about her health, only allowed to see her once a week under supervision that they are now defying a court order, a gag order and they came on this show last night. her father did. and we learned today even a state police officer showed up today at the family's previously scheduled visit with justina, a state worker demanding to know where justina's father was, because lou was not there today. the question is whether they are now trying to arrest him, possibly for violation of that gag order. joining me now, editor of the boston globe who has been doing unbelievable work on it. and the doctor who is a certified bio-chemical specialist, who specializes in the disease. doctor, let me start with you, what lou said last night, apparently there are many doubters that this mito disease

really exists. and the doubters say it is in the head of the patient and the reason they accuse the parents of these patients of medical abuse is because they believe it is in the heads of these parents, that the parents used to play out something through the child, trying to get him or her medical attention that she didn't need. is that in fact the problem here and is mito a real disease accepted by the community? >> yes, thank you, megyn, indeed it is. there are not that many of us who do specialize in this arena of medicine, but mitochondrial disorders are a disorder that are in groups of in one to 4,000 individuals. and there is a lot of basic science and nih-based studies and other -- a lot of work done in this arena. and this has been a well described group of disorders since the late 1950s, when the

first adults first presented with clinical symptoms for the disease. >> and yet, the reporters took an in-depth look into the case seem to be casting doubt on whether the folks at boston childrens really believe in this particular disease because justina's case is not an isolated one. >> yeah, hi, megyn, thank you. you know, i think children's does believe in this disease. but they use different criteria for diagnosing it than tuft's medical center does. and i think that is the root of the diagnostic dispute. the doctor knows this better than i. but there are certain tests that are sort of a standard criteria for diagnosing this disease. but some of those tests apparently missed actual cases. and so tufts uses a broader set of definitions for mitochondrial

disease. >> at bottom, what we have here for folks at home is two hospitals disagreeing what justina has, and the second hospital getting custody of justina through dcs just because they disagree with the hospital. now the parents have not seen her, unsupervised in a year. it is crazy to me, i want to ask you this, the reason dcf was able to get justina away from the family, custody of her is because they went into court and said there is medical abuse here, and in order to do that they had a bit of a conflict of interest in the case, did they not? >> dcf? >> yeah. >> well -- >> well, they rely on medical at boston children's to tell them whether in fact boston children's is right in this case. >> right, so dcf has -- really lacks very much medical expertise of their own, and certainly they don't have expertise on mitochondrial

disorder. so what they do is, they do rely on doctors in the community to consult with them. and often in cases -- in other cases they have often worked with children's hospital to help them evaluate cases. in this case, though, they would have -- they would have gone to a third party to get some expertise. >> understood. >> but they -- >> they have the relationship with children so it is a tough thing to be challenging the doctors who are telling you she doesn't have it. this is medical abuse. doctor, we got a lot of e-mails from our viewers saying what is really going on here? how can it be? do we need to be suspicious of these parents? is there something more that is going on that we are all missing? >> well, that i can't answer directly. but what i can say is that part of the problem in mitochondrial disease and perhaps some of the problems in terms of diagnoses,

or questioning the diagnoses, these are a group of disorders that could be difficult to diagnose. and we do have a number of tools. but they >> let me ask you this, we're short on time.e if she doesn't have mito and itd is in her head, then why has sh done so much worse, they say they brought her in for the flu 13 months ago, she was ice ey skating and happy and well and got the flu. and now look at her, this is in present day in the wheelchair e without the medications and treatments that the folks at boston children's said she did not need. >> well, that certainly supports the fact that she has some underlying problems. because typically in child medical abuse cases when they're taken away from to presumed perpetrator, they improve clinically, and this child has not. an >> well, we'll continue to w follow it and reading the bostol globe, which has really done an

outstanding job on this. it took a lot of work getting the papers, great job, and thano you for being on as well, dr. kendall. and an american skater taking issue with the judging, up next, why she believes ta skaters and fans deserve better and why she is not alone. [ male announcer ] she won't remember this, being carried in your arms... but after a morning spent in the caribbean, playing pirates with you in secret coves, an afternoon swimming with dolphins, finished with a movie watched against the setting n... shwon't exactly be short on memories. princess cruises, come back w. ♪ hi boys! i've made you

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and it and it is a skating scandal in sochi with a top american calling out her own sport. and now, a massive on-line petition demanding an investigation into the judging. trace gallagher has the story from our west coast news room. trace? >> and meanwhile, the olympic committee is trying to knock this down as quickly as possible but it may not go down so easy after the russian skater, adelina sotnikova, who was given a five-point technical advantage

because she did one more triple jump than kim, and that really was the difference. here is the international olympic committee spokesperson. listen to this. >> the first step would be for someone to make -- the skaters or their teams to make some kind of complaint, which as far as i know at the moment has not happened. >> so far, no official olympic complaints but a lot of non-official complaints, including u.s. skater ashley wagner who got a lower score than other skaters who had fallen during their routine. wagner said quoting here, people don't want to watch a sport where you see somebody fall down and someone get a better score than somebody who skates clean. they need to get rid of anonymous judging. the nine judges are chosen randomly from a pool of 13, judges from the u.s., south

korea, great britain and sweden did not judge in the long format because they judged the short program. the russian judge was involved. it did not help that one of the russian judges was also involved in a scandal back in the 1998 olympics. protest.org wants an investigation, 1.7 million signatures so far. >> wow, all right, trace, thank you. we'll be right back. [ male announcer ] these days, a small business can save by sharing.

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the next time you nt a dvd, don't bother rewinding it. the way i see it, it's t next guy's problem.

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was the fix in on that women's long program? go to facebook/"the kelly file," and let me know who you think, use the hash tag, kelly file. i don't know, awfully fishy, thank you for joining us. this is "the kelly file." ♪ ♪ >> do you need help? >> nothing to help with. >> what are you doing? >> going fishing. >> i'm telling you, there is no fish out there. how did this happen? >> come with me.