remember that the spin stops right here as we are definitely looking out for you. breaking tonight, new developments in the military showdown after russia launches a ballistic missile. plus -- >> mr. president, this is insulting to law enforcement officers everywhere. >> 11th hour drama in the saga of a lawyer who went to bat for a convicted cop killer. whether he should get one of the top jobs at the department of justice. plus after years of fighting the obama administration for the right to stay in america, this family had to give up on their dream until today. see what happened and why. and then a fight that every

family needs to watch. >> you need to be careful. we are in an area that is somewhat unchartered. >> see what's happening now with the girl who sued her parents after she says they kicked her out. >> i will not comply. >> a gun owner's revolt in one of the most liberal states in the country. and two of the rebels join us live on the kelly file, right now. up ahead and breaking tonight, scenes straight out of the cold war as president obama tries to stay ahead of an unpredictable russian aggressor. good evening, everyone i'm martha mccallum in for megyn kelly on the kelly file. u.s. secretary of state john kerry now in the ukraine, arriving just hours before russia test fired an intercontinental ballistic missile like the one you see here. the pentagon saying it was nothing out of the ordinary,

they were expecting some sort of test around now. but nuclear weapons treaties say this is serious enough you would have to warrant world it is coming. then on the grounds in the ukraine, moments that threatened to ignite a spark. camera crews caught this tense confrontation that played out earlier today. dozens of unarmed ukrainian soldiers marching on an air base now under russian control. armed russian troops met them head on, and opened fire with some warning shots. >> tense moments in history that can just explode. if the wrong shot is fired and something happens in this case, though, today, eventually after the stand-off, the ukrainians turned back, but this crisis continues with the american and russian leaders issuing dualing

statements throughout the day today. president obama claiming to offer president putin a way out. and putin leaving the threat of war on the table. ed henry just filed this report from the white house. >> good evening, martha. new information tonight as this crisis in ukraine deepens. we're learning that the president spoke by phone for about an hour with the german chancellor to try to find what officials are calling a diplomatic offramp to get vladimir putin to back down. the president already taking the military option off the table. republicans and some democrats are pressing him to institute sanctions to punish russia, though european allies are cool to the idea of sanctions, it could hurt european economies as well. republicans charge that he looks weak on a stage. the president hit back at putin.

putin had a news conference earlier in the day, where he was defiant with republicans here in washington saying that the president has simply never understood putin's ambitions. >> there is a strong belief that russian's actions is violating international law. i know president putin seems to have a different set of lawyers making a different set of interpretations. i don't think that's fooling anybody. >> after five years of believing that somehow vladimir putin was anything but what he is. we are now paying the piper. >> with no threat of military action, and an uncertain timetable for u.s. or european sanctions. officials say their best hope, they're trying to de-escalate this, is the fragile russian economy. the rubel, because of the uncertainty of war, has reached its lowest level in a long time, in the russian stock market has

taken a nosedive. martha? >> thanks to ed henry at the white house. let's turn our attention to capitol hill. elliott engle is the top democrat for the house foreign affairs committee. welcome, good to have you here tonight. >> thank you. >> we just played moments ago, the president saying, you know, vladimir putin doesn't seem to care or understand that he's broken international law, and then you hear from john mccain, the senator, saying president obama simply doesn't get it, that he has not understood this threat he has really underestimated vladimir putin. what do you think? >> i think president obama gets it. vladimir putin is a bad guy, look, george w. bush said, if you look into putin's eyes you can see his soul. when i look into putin's eyes i see three words, kgb. none of us is under any

disillusion about putin. the way we deal with putin now will sort of set the table for the next 20 or 25 years. and i think that we must show him that he cannot do these kinds of things with impunity. several years ago when russian troops marched into georgia and seized a couple of provinces, the world yelled but didn't do much. that was under the bush administration, i think this is not a time to play politics. it's a time that all americans should stand together and say that we're not going to allow -- >> what do you -- >> putin to get away with what he's trying to do. >> it's one thing to say you're not going to allow it, it's another to actually stop him. i mean, he -- for all intents and purposes, he seems like he's already won. we spoke with military analysts who say, you're not going anywhere. he's got crimea, and he's not going to leave it. >> well, but he doesn't have all of ukraine, and i think there are lots of things that the west should do and must do.

>> are you conceding crimea? are you saying we should concede it? >> no, i don't think we should concede anything. we need to have him. we're going to have a billion dollar in loan guarantees to help the ukrainian economy. secretary kerry is in kiev now, and i think western diplomats and foreign secretaries and secretaries of state ought to go there, we ought to do everything we can to turn the ukraine looking westward rather than eastward, because there are other countries right on the cusp, just like ukraine, countries like maldove va and georgia, they're going to watch us very carefully, we don't want those countries to succumb to russian blackmail, whether it's about energy or money or anything else. i think there are a lot of tough things we can do, we can suspend russia from various organizations. >> all right. >> we can make her pay a price, i think we will do that. >> good to have you here

tonight, sir. >> thank you. while washington scrambles to counter president putin, a number of experienced russia watchers are wondering why anyone is surprised by these events. many feel they have been laid out quite clearly for many years. simon marks is a former bureau chief. simon welcome. you just heard the back and forth i had with congressman engle, and john mccain and president obama. they're talking about international law. who -- does putin care about any of that? >> i think that's the real question, martha. if anything good comes out of all this. it may be a fundamental misconception that one can argue has dogged russia for years, it's finally smashed. the misconception being that vladimir putin craves international respectability. you can hear john kerry talking about it in kiev several years

ago. saying what russia is doing is not what we expect of a g-8 country. this is a major nation behavior. there isn't a vast amount of evidence to support the view that vladimir putin actually craves that kind of respectability and will be particularly damaged if he's thrown out of the institutions that the congressman was just referring to. >> it's fascinating you bring that up. john kerry was scolding vladimir putin saying, how come you don't care about these things. you're not behaving like a g8 nation, that's not how you're supposed to behave. putin is saying, we may have to get stronger in a military force way. for now, that's off the table. >> one of the ways in which countries express a desire to win international respectability is by hosting the olympics. vladimir putin has just shredded $51 billion that he spent hosting the winter olympic

games. it didn't buy him an ounce of international respectability. and certainly any good will that did exist by the end of the games has largely been shattered as a result of what he's done in the crimea peninsula, and may be poised to try to do in eastern ukraine as well. this argument that you can travel to moscow as the united states did a few years ago, somehow we can reset the relationship, it's all based on the motion that we're all speaking the same language, the reality as angela merkel said to the president over the weekend, is that vladimir putin may be in a completely different world. >> it's reset all right. just not sure how well. simon, thank you. good to see you. thanks a lot. we have dramatic developments tonight in the case of a german family that fled to the united states, fearing that their children would be taken away from them, because they wanted to home school them according to their christian

beliefs back in germany and weren't allowed to do it there. >> reporter: just 24 hours after their hopes were dashed when the supreme court turned away their final legal appeal, the family got the best news they could have hoped for, the administration says it has no plans to deport them. they are evangelical christians who objected to what their children were being taught. an international judge originally granted them asylum. the obama administration appealed and one. a supervisor from the department of homeland security called the team to tell them the family has been a deferred status. they can stay in the u.s. unless they commit a crime. the father of the family said, i wouldn't mind staying in germany if the mistreatment targeted only me, but our whole family was targeted when german authorities would not tolerate

our decision to teach our children. i thank god for his protection over our family. we thank the american government for allowing us to stay here and peacefully home school our children, it's all we ever wanted. dhs has a lot of discretion when it comes to deportation. criminals and those caught trying to get into the country illegally are their priority. it doesn't sound like this family will meet that criteria. the president rolled out a budget that called for $600 billion in brand new spending, and a trillion in new taxes. paul ryan is here on that. plus -- >> we're getting reports of dramatic new change coming to obama care, just in time for the midterm election. who this affects and why it could be a risky move. courtroom drama, a teen goes to war with her parents in a

case that could set a precedent across america. >> it does appear that more energy has been utilized to tear apart this family than trying to figure out how this family can somehow be brought back together. tall the building is or how ornate the halls are. it doesn't matter if thereare g, or big mahogany desks. whenorking with an investment firm, what's really important is wther the peoe behiintroducing e schwaby stand actability guarantee.y. if you're not happy with one of our participating investment aisory services, we'll refundour program from the previous quarter. it's no guarantee against loss and other fees and expenses may still apply. uck vo: stanng by your word, that's what matters the mo

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for all, a lot of americans but another part was to delay the consequences for democrats, president was the beneficiary of it, now, senate democrats saying hey, how about us, guy? so looks like he's going to do a write around of the if you like it, you can keep it, promise >> i were a democrat i would be saying you told us it's a great thing ask we had to get on

board. was. the president kons vinced them this, is best thing in the world for american people. they're gooding to be scratching their heads now and probably angry. >> remember, message from the president is that this is a hard thing. it's not like the old welfare programs or old entitlement programs where there is a clear benefit, we're going raise tax and ghif away this, is a complicated law working through the entire u.s. health care system, touching every american. democrats are say we are having misgivings about this. and tonight the president talking to donors trying to keep the senate in democratic hands saying we've got to find a way

around this, what does that tell us? they're going to do as much as they can to try to immit republicans to five games in the senate. >> election is more important than the health care plan, it would appear, at this point. thank you. >> so dramatic new developments tonight in the case of a michigan mom, who finds herself fighting leukemia and some of the nation's most powerful democrats. after she had the gall to complain about what obamacare about to her and her cancer treatments. we're going to talk about that. and the lawyer that went to bat for a cop killer may just now be one step away from a very big job with the department of justice. we'll speak to the lawmaker who is pleading with senators to go into this vote at least aware of the facts before they get to the vote on this individual. >> danny faulkner as he lay on

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this is not a matter of left wing or right wing. we all should agree that violent criminals should be punished. and we all should agree that those who go out of their to advocate for, to celebrate convicted cop killers are not suitable for major leadership roles at the u.s. department of

justice. >> that was senator ted cruz on the senate floor today, arguing to block the nomination of this man, up for a job of leading the doj's civil rights division. the problem, he once defended cop killer abu jamaal, who was convicted of murdering a philadelphia police officer more than 30 years ago. senator cruz is not alone in his fight to block this nomination, a pennsylvania congressman is trying to educate senators on the facts of this case before they go into tomorrow's vote. >> philadelphia police mourning the death of a young police officer shot and killed on a center city street corner early this morning. >> officer faulkner was killed performing a police officer's most routine and hazardous task. a car stop. police say faulkner stopped this car carrying william cook a

street vendor as he travelled on the street near 12th and locust street. abu jamaal came running and opened fire on the officer. >> the congressman who distributed this film joins me now, mike fitzpatrick. good to have you here today. >> thank you. >> what is it that you want these members to understand about the attorney who is up for this job at the department of justice before they vote? >> i want them to understand all the facts underlying this case. when they vote, they'll have to answer to their communities and their police officers, the national fraternal order of police has made it abundantly clear, this is a significant vote in their mind. either you're with the police officers in this case or you're against them. and i want to make sure that they see the video, because the

widow of the police officer was not given the opportunity to testify before the senate judiciary committee, she was essentially kept away from the room. and she asked to be able to attend the actual senate confirmation vote which is now scheduled for tomorrow. the senate leadership knew she wouldn't be able to be there, but they scheduled the vote anyway. we wanted to make sure they have the facts and we put the video before them. we hope they take the opportunity to familiarize themselves with all the facts. >> she was with us last night, and her story is incredible. we thank you for putting light on this situation. he did his job, he represented a client. everyone deserves representation. what do you say about that? >> everyone deserves representation, and this criminal defendant had representation. the naacp decided to put themselves into the case 30 years after it was over, and

that was this nominee's right. he chose to do it. that does not qualify him now to be the assistant attorney general for all civil rights under the department of justice, by choosing to represent a convicted and unrepen tent cop killer, 30 years after the fact, i think this qualifies you for other positions within government, we all have civil rights, and i would hope that the assistant attorney general would stand up to the civil rights, not just a convicted cop killers, for every american, and especially every police officer who's out on the streets every day enforcing the laws. >> the people in your area feel very close to this story. they're very bipartisan until support of you and against this nomination. we'll continue to cover it. >> thank you, martha. we have new developments tonight in a gun owner's revolt

in one of the most liberal states in the cun. two of those rebels will join us live with their story tonight. have you heard about this one? rachel canning says that even though she can't stand her parents rules, she still deserves their money. see what the judge said today. >> i'm not going to condone or open the gates for a 12-year-old to sue for [ male announcer ] it's simple phics... a body at rest tends to stay at rest... while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mcelebrex a day can provide 24 hour relief for ny with arthritis pain d inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function

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governor romney, i'm glad you recognize that al qaeda is a threat. a few months ago, you were asked what is the biggest geo political threat facing the

world you said russia. not al qaeda, russia. the cold war's been over for 20 years. but governor, when it comes to our foreign policy, you seen to want to import the foreign policy of the 1980s, just like the social policies of the 1950s, and the economic policies of the 1920s. >> so there, take that. >> interesting to look back at that now, right? president obama mocking the governor for calling russia america's greatest geo political adversary. the president got a laugh from that one. many in the media were quick to point that out. perhaps we're at the point where we're starting to concede they've taken over crimea at this point. commentators are concluding that governor romney was right that

night, republican wisconsin congressman who was the have shall candidate, of course. he joins us now with his thoughts. >> there are moments when i look down, shake my head and say i can't believe we lost to these guys. mitt was right, i think the president was incredibly naive on his russia policy. i think this is what happens when a superpower fills the vacuum. >> do you think the president wants to be a superpower do you think he wants to lead in this situation? >> i don't think he likes us being the superpower as we have seen ourselves. i believe he's taken on the whole notion of exceptionalism. i'm not sure he's going to be leading like he ought to be in this situation. russia's violated the sovereignty of ukraine. i think there are a lot of

things we need to be doing to address this. i think the lack of a coherent foreign policy, the fact that the president is proposing a budget to highlight our weakness is what's happening. >> i want to get your thoughts on the budget. the president put out his budget today, it's a $3.9 trillion budget plan. what do you think about it? >> it's more of the same. i wish there was something positive to say, i think he's going further to the left. this is a budget where the president raised the white flag and has surrendered his administration for the next three years that he's not going to do anything to address our fiscal challenges. last year he put a couple ideas in the budget to try to deal with our entitlements and debts. this year none of it. $1.8 electrical in new tax increases, in addition to the 1.7 trillion he already put out there. over $8 trillion in more debt. his budget proposal to bring our

debt up to $25 trillion. it's gone further to the left. this isn't an attempt to work with congress. >> you called it a campaign document this budget. what do you mean by that? >> i think it's a campaign document for his liberal base. i think he's trying to give his base the kind of borrowing increases that he believes in, so i think he believes in this budget but i don't think it's in the mainstream and it's clearly not doing anything about our fiscal problems. i don't think american taxpayers deserve that, i don't think that's what they're looking for. >> people send us notes all the time about how concerned they are, the debt in this country the senate is not going to vote on this. people are frustrated. i think people just throw up

their hands and say, what difference does it make? >> we've shown the country here specifically how we will balance the budget, pay off the debt, we're putting ideas out there, how to grow the economy, create jobs, how to open up energy infrastructure, how to keep the defense from being hollowed out. we show those ideas, we pass those ideas, we have a big difference of opinion with the senate and clearly with this white house. this is divided government. and this is what you get in divided government. sometimes you can get things done. in this particular divided government, we're far apart. >> let's talk about what you're going to bring forward in march. you look back at 50 years since the war on poverty came into existence. johnson spoke very forcefully about how important it was that we shouldn't have poverty in the united states of america, and

yet the numbers are the same after all those years. >> that's what we're saying, we put this document out there, it's basically a study looking at all the federal government's poverty fighting efforts and programs. you can go to budget.house.gov. we're saying, let's take a look at the federal government's approach now that we're 50 years in on this war on poverty. look what we have to show for it. we have the highest poverty rate in a generation. a lot of these are so redundant and duplicative and ineffective, we need to understand how better to fight poverty. how better to to approach this. i think what our approach has been to throw new programs after new programs. and measure how much money we're spending on this program, instead of how many people are getting out of poverty. that's what we need to do, we need to get people out of

poverty once and for all. that's not the kind of debate we've been having. >> thank you very much. good to talk to you tonight. >> you too, martha, thanks. now to this crazy story, a new jersey family court battle that is getting national attention now. the high school student you see here is going after her parents who kicked her out of the home a few days shy of her 18th birthday, she took them to court to get them to pay for her tuition, living costs and legal fees. trace gallagher is live in our newsroom with this charming story. >> the judge has ruled the parents don't have to pay for anything. that could all change come april. the judge says he does not want to set the wrong press den the. listen to him. >> are we going to condone or open the gates to a 12-year-old to sue for an xbox? a 13-year-old to sue for an

ipod? everyone else has one, why can't i? >> the judge wants this family back together, but this is clearly a troubled parent daughter relationship. rachel calls herself a good student, good athlete and good kid. here's part of a voice mail she left for her mom four months before she moved out. i just want to blank all over your face right now because it looks that way any more. don't talk to me, i'm blocking you from just about everything, have a nice life, mom. her mom called her porky and fat, saying her dad was inappropriately affectionate, her parents say those are lies and that their daughter has a history of lying, stealing and getting in trouble. in an e-mail to her parents shortly after she moved out, rachel writes, listen, i just want to apologize in advance for my acts, i need to realize there

are consequences for the things that i do. i know that the majority of the problems evolve from my own wrongdoing. i am my biggest enemy. she later asked to come home, her parents said yes if she followed the rules and got rid of her boyfriend. she refused to get rid of the boyfriend, the dad is hoping she will come home. listen to him. >> to be hole and heeled as a family if she were back home. i think she's being steered down the wrong area and it's killing us. it really is. >> in 40 years he's never seen anything like it, the next hearing in this case is april 22nd. >> a friend who's an attorney who's on her side is involved in this too. >> we want to know what you think about this story, go to facebook.com/the kelly file, and let us know what you think about this. we're going to talk about it tomorrow morning at 9:00 a.m. as well. what a story, right?

>> we also have dramatic developments tonight in the case of the michigan mom who finds herself fighting leukemia and some of the nation's most powerful democrats. and a big gun rights story unfolding in one state. up next, two of the men taking part in what's being called the biggest act of civil disobedience in recent memory. >> i request tell you right now, i will not comply. i will not comply. go long, look lean, in this season's most important fashion trend, the long shirt. designed to flatter, with playful hemlines and length for everybody. the new long shirt. visit the shirt boutique, only at chico's and chicos.com.

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growing controversy over a new gun law that passed after the newtown shooting. connecticut gun owners must register once legal firearms by january 31st or they will face felony charges. >> scott wilson is president. it's an interesting story. let me start with you. how does the law change, and how did you feel it violates your rights? >> connecticut had gun laws in place prior to the new town incident. the newtown incident was an act

of evil about evil doesn't have an address, it doesn't tell you when it's going to appear, but it did. what i'm upset with, is the politicians looked at new town like an evil tsunami wave, instead of dealing with it in a rational manner, they went out and got their political surf boards and said surf's up, let's get anything we want. now is the time to do it. and then they rushed it through the legislature with no consideration for public comment, public issues. hearing people say how it would work, how it wouldn't work, that's where we find ourselves where we are right now. >> if you had the kind of weapon that adam lanza used -- >> martha, please. i've said this repeatedly since new town. and because you said his name i refuse to say his name. i refuse to say that

individual's name, because i don't think it should ever be mentioned. just call him the perpetrator. >> i understand. i mean, it was a heinous, despicable day that it's hard for all of us to remember or speak about. but the fact of the matter is, that event changed the way that people thought in your state as you just said. so people who had legally registered guns that were similar to the one that was used that day, suddenly found themselves owning what was now considered to be an assault rifle and something they had to register in a new way or face felony charges. scott, we watched you at a town hearing before we went to the break, stand up and basically tell everybody, you know what, i'm not doing it. >> well, first and foremost, our organization is involved right now in a hefty case, involving litigation against the state of connecticut, with several other plaintiffs and some backing from

the national rifle association. so we're helping, until the time where things get settled out in the court, that cooler heads will prevail throughout this entire ordeal. and the state of connecticut ratchets back the intentions they may have regarding the citizens of the state that are otherwise law abiding citizens. >> apparently it was somebody else who looked a little like you, we saw on the video, but shared your sentiments. >> to talk to me about this act of civil disobedience -- there's a lot of people who just didn't sign up, and there's a lot of people who say, i'm not going to, and somebody may show up at their door and arrest them for that. >> martha, i'm a legal investigator for an attorney who's a firearms attorney in connecticut. i have an attorney as around investigator to get a wide range of views and to be able to see the patterns emerging in gun enforcement, i need to tell you,

on january 1st, the legislature made a number of people felons, whether it was intentional, by accident or an act of defiance. they made people felons. friday night i had a lobbyist come up to me and say, what do you think about an amnesty program or an amnesty -- i said, absolutely not. i said, arrest them and let the legislature suffer the consequences of the public backlash. >> i know you think that's a fight they don't want to have. we have to leave it there, ed and scott, thank you gentlemen very much. >> thank you. coming up next, a new ad from a leukemia patient who says that she is a victim of obama care, and her message to a congressman after he questioned her credibility. >> because of obama care i am now stuck with a plan that doesn't work for some time?

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a michigan mom battling cancer is fighting back against people questioning her obama care horror story. julie was featured in an ad hitting gary peters for supporting obama care. congressman peters called julie's credibility into question. getting his lawyers into the fig fight. >> all i want is to be listened to. there are thousands of people out there who are hurting because of obama care. >> he came after your credibility on this first ad, you decided to make this second one. what did you -- you went to his house to try to speak to him as well, right? >> that's correct, i did.

>> and what happened there? >> unfortunately, congressman peters did not answer the door, although i know he was inside. so he's still refusing to speak to me which is heartbreaking for me. >> it's bad enough that you're going through this serious health crisis, and then you had the guts to speak out about it, now somebody's basically calling you a liar. harry reid is also calling you a liar, what do you think about that? >> i'm very upset over this. and it's very hurtful. i'm disappointed, and honestly, it's done something to my soul. i'm reaching out trying to get answers. and people are just refusing to talk to me. and to call me a liar. that's disappointing and hurtful, as i said. >> rocked your faith in this

system that we live in? >> it did. it did, martha. that's -- it's really hard to put into words how much it has affected my beliefs and my faith in our government, in our system. and it's going to take me some time to heal my soul over this. >> obviously you have some serious health concerns, but you've become sort of a face for other people who are also getting letters, who are also getting put in the same situation? >> i do. they're coming to me asking me to tell their story. they want to be heard, they don't know what to do. they want me to share their

stories, it's overwhelming. but i'm blessed that people feel comfortable enough to come up to me. >> thank you. you're a fighter, thank you. continue your fight on both fronts. we look forward to speaking with you again, take care. >> thank you. >> thank you. >> we're going to take a quick break, and we will be right back. huh, fifteen minutes could save you fifteen percent or more on car insurance. everybody knows that. well, did you know pinocchio was a bad motivational speaker? i look around this room and i see nothing but untapped potential. you have potential. you have...oh boy. geico. fifteen minutes could save you fifteen percent or more on car insurance. when jake and i first set out on we ate anything. but in time you realize the bett you eat,

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tonight, everybody. go to facebook.com/thekellyfile tell us what you think of tonight's show, thanks for watching. this is the kelly file. this is a fox news alert. russia proves it means business. jennifer griffin is here with the latest details tonight. jennifer? >> on the same day russian president vladimir putin proved he was halting military exercises on ukraine's border, russia tested an intercontinental ballistic missile. john kerry tore down kiev bringing with him a $1 million aid package. >> i think that it is clear that russia has been working hard to create a pretext