langlang langurous when writing to the factor. again, thank you for joining us tonight, ms. megyn is next, i'm bill o'reilly, please remember the spin stops right here. so we're definitely looking out for you. i'm megyn kelly, back from vacation. and tonight. i am a member of the congress of the united states of america. i am tired of this. >> demanding the head of darrell issa, the democratic party calls on congress to punish one of the biggest critics. and congressman issa is here to respond. plus, new fallout after obama gets a hit on the doj job. see why our guests say this is a huge wake-up call for the white house. and then, they're calling it the

start of the christie comeback. we're live with the big developments at cpac on "the kelly file" right now. and breaking tonight, allegations of racism and oppression as democrats demand the powerful republican looking for answers in the irs scandal lose his job. welcome to "the kelly file" everybody, i'm megyn kelly. democrats are fired up over the democratic chair darrell issa and how he handled the hearing on the targeting of conservative groups. issa adjourned the hearing without his democratic counterpart to speak. challenging this exchange yesterday. >> let me say what i have to say. i've listened to you for the last 20 minutes. >> ms. lerner, you're released. >> but first, i would like to use my time to make some brief points. for the past year, the central republican accusation in this

investigation -- >> we're adjourned. close it down. >> directing -- against the white house. >> before our -- >> thank you. >> and you will sit down and allow me to ask a question. i am a member of the congress of the united states of america. i am tired of this. >> i gave you an opportunity to ask the question. >> i do have a question. >> i gave you thertunity to speak. >> today, the reverend jesse jackson joined the argument, tweeting, congressman darrell issa's behavior was crude, wrong, racist and mean, do you agree, he asked? also today, the democratic chair deborah wasserman schultz compared the behavior to russia

and the ukraine, oppressing the masses. they wanted his leadership power stripped. that resolution died along party lines. a while ago i spoke to chairman issa who maintained that the chairman had no right to speak, it was one meeting where all parties were heard. >> mr. cummings and i both had opening statements months ago, he asked if he could make a statement, i said no this is a continuation of a hearing previously recessed. i then adjourned. mr. cummings, in what appears to be a pre-staged event, then i have a right to talk, and screaming. i did exactly what is according to the books. i had a script by me that was approved by the parliamentarian, and i followed it. the last chairman and i were dear friends, we worked well

together. elijah cummings got this job quite frankly saying he would be different from the others, holding me accountable. the ir targeted conservative groups and held back their ability for years. and that is what the investigation is. >> i have a lot of questions i want to get to. i get the deal with the ir that you're looking for answers. but the point is, he was going to make a statement, he is probably going to rip on you, but who cares, so let him have his couple of minutes to rip on you. you're a big guy, you can take it. and then you wouldn't have distracted from the issue you were trying to call attention to. >> megyn, anybody would do something over again if they could. but the fact is i had adjourned the meeting before he asked. he didn't raise a point of oral or parliamentary inquiries, normally people, especially as experienced as he is, he said can i ask a question, i said we

are adjourned. but go ahead. >> you're irritated. you're saying anybody would like to do it over again. do you apologize to congressman cummings? >> you know, i broke no rules, he broke the did heecorum, we d launch any sort of house attempt and i certainly didn't say he was somehow anti-arab-american. the fact is i did things according to the rules. i followed a script and then mr. cummings decided to have quite a hissy fit. the truth is, if he wants to talk i give him lots of time to talk. we'll have additional hearings on the ir, ms. lerner, he had a chance to speak as much as he wanted to in the vote. >> i get that, you're not going to shut down the probe of the ir because of this dust-up. and 71% of the american people

agree with you, they want the investigation to continue. this is a side issue. because people are saying that the democrats are now using this. the democratings are using this against you and are making a big deal out of this. and you're a powerful man and you're one of the only people pushing on the investigation. so now some of the republicans are mad at you because they feel you distracted what is a legitimate issue, and now becomes does darrell issa want to shut down the debate? does he want to shut out the minority voice? is that what the republicans want to do, shut down the minority voice? >> the accusation is that i am somehow anti-african-american. that kind of accusation is beneath response. the fact is i'll be working with mr. cummings next week, legislation we're both involved in. he lost his temper and screamed

and yelled after the adjournment. and quite simply, he had the ability to say i would like to have a quote on the adjournment, i would like to object to the adjournment. he asked if he would be able to ask a question, he irritated me, yes, because he went into a diatribe of being in a witch hunt. if i had to do it over again i probably would have let him say a lot of things and then walked away. but you know what? we're all human. it was a long day. i didn't break any rulings. i did everything according to the rules. he was not denied any due process. but in fact when the democrats are in charge for the first two years of president obama, they didn't do any such hearings, they found no accountability. >> over in the senate, harry reids changed the rules to shut

down the debate. chairman, i have to run. >> the quick final word is mr. cummings periodically asked for more time and always gets it. sometimes he goes on for ten minutes in opening statements. i never stop him. according to the rules i was done. >> if you keep going, we have to clip your mike. >> that happens on tv. >> good to see you, sir. >> thank you, megyn. also breaking tonight, word from the white house that president obama spent an hour on the phone with russian president vladimir putin today. acco according to the white house he told president putin there is a way to resolve this situation diplomatically, and quote emphasized that russia's actions violated ukraine's territorial integrity. tonight, f-16 fighter jets have arrived to bolster the region.

and poland has announced they are sending a dozen f-16s there, although the pentagon was quick to say a final decision has not been made yet on that. meanwhile, military jets are moving into the black sea, for what the u.s. has described as "previously planned exercises." joining me now, iraq and afghanistan war veteran. in response to this you say what? >> well, in response to this, a lot of talk is good. but if you're talk is not backed up by the credible force of we will if necessary stop you from doing what you want to do. he is -- we're checking the right world power boxes, right? send f-16s, send ships and aid back to the government there. it is good, if they're good steps. they're late, but doesn't it feel, megyn that we're checking those boxes. we're not stepping into the role as world leader saying you won't

go into crimea, and the ground which you took you should never have taken, you will never give back. >> can he do that? today at cpac, bobby jindal came out and said to president carter, i want to issue a sincere apology, it is no longer fair to say he was the worst president in our lifetime. "washington times" comparing president obama to carter. can he come out and show swagger on international foreign policy strength, peace through strength and military. at this point in his presidency? >> it is extremely difficult. i want him to be able to because his foreign policy is ours. we want a strong america and strong president on the world stage but these outcomes in many ways are baked in. the weakness we project are baked in. when you negotiate with the iranians knowing they're seeking the nuclear bomb, putin reads every one of these signals and that is why he acted the way he did. and we hit reset buttons with

him knowing he is a world leader. it's as if this is some game that the administration is willfully blind to. they just block it, they say this it the 20th century. >> john jerry said 19th century. >> my goodness, these are actions that strong powers make. >> you minutentioned the reset button. there was a moment that hillary clinton sat there. now she and the administration are being accused of naivete in terms of what they're dealing with and persuading the russians. ralph peters has been on a number of times and said we basically caved to them. it should be no surprise they don't consider us a threat. >> you should look at the readout that the president had with vladimir putin.

it is a lot of talk about what they should do, coming to the table, president putin doesn't want to come to the table and find a neat solution and checking every box we want. he is playing poker. he doesn't have a good hand but he has a good poker face and plays the role well. america has a strong hand but this president refuses to play the game and call his bluff and say you don't have the assets to back up what you're doing. we're the world power, they chalk up the boxes, the world is less weak. >> it is amazing when you look at the polls and see that the president has a 38% approval rating on how he is handling foreign policy. and the washington post, says for five years president obama has led the world on how he thinks he should operate, rather than how we should be operating right now. >> it started with the cairo

speech, he was going to show up and piece was going to break out. turns out it doesn't work that way, the human condition doesn't go away. >> thank you. coming up, the other big news in the irs investigation, we'll take a look at some e-mails that have surfaced with a top attorney on the case. plus? the effort to block the display of the famous ground zero cross got a court hearing today. we'll show you what happened as the atheists claimed they were sickened by the display. plus, they're calling it the christie comeback. see what happened at a big meeting of conservatives today. then, the president called it a travesty that they rejected this man for a job up for the doj, we'll show you the story is not over yet. >> president obama has not walked in my shoes for the past 32 years and has not felt the pain and anguish.

no two people have the same financial goals. pnc investments works with you to understand yours and helps plan for your retirement. talk to a pnc investments financial advisor today. ♪ iwe don't back down. we only know one direction: up so we're up early. up late. thinking up game-changing ideas, like this:

dozens of tax free zones across new york state. move here. expand here. or start a new business here... and pay no taxes for 10 years. with new jobs, new opportunities and a new tax free plan. there's only one way for your business to go. up. find out if your business can qualify at start-upny.com you get 4 lines onw at&t's network...ilies including unlimited talk unlimited text ...and 10 gigs of data to share. 10 gigs? 10 gigs. all for $160 dollars a month. you know, i think our family really needed this. it's really gonna bring us closer together. yep. yep. yep. yep. yep. yep. introducing our best-ever family pricing for instance, a family of four gets 10 gigs of data with unlimited talk and text for 160 dollars a month. only from at&t. so i get invited to quite a few family gatherings. heck, i saved judith here a fortune with discounts like safe driver, multi-car, paperless.

you make a mighty fine missus, m'lady. i'm not saying mark's thrifty. les just say, i saved him $519, and it certainly didn't go toward that ring. am i right? [ laughs ] [ dance music playing ] so visit progressive.com today. i call this one "the robox." . new fallout now from a big defeat in the white house, the new york times reported that some officials were furious after debo adegbile was blocked from a top post at the department of justice. seven democrats broke rank to oppose his nomination in a major defeat for the white house. congressman mike fitzpatrick says there is a big message, congressman, what is that

message? >> well, i think that message is that you know, the president has to begin to nominate some reasonable individuals to high public office to the federal courts, individuals that will achieve bipartisan support, not bipartisan opposition. what we saw yesterday were a number of democrats with the willingness and the courage to cross the aisle. i think they walked away from the president on this nominee. and they have indicated in the future they will do so again. >> obviously, the white house was invested in this even sending joe biden in over from the senate, thinking they needed him to help cast the votes. but they lost by a considerable margin. is there room, do you believe, to put this out for another vote, to try to get this for a recess appointment. to do something more that would put debo adegbile at the top position in the department of justice, despite the fact he is not supported? >> well, you know, megyn, harry

reid has positioned this from a procedural point of view so that he can bring it back up again, but i don't think it will. if you look at what was said yesterday at the white house, i don't think they're ready to fight this battle again. but i would be willing to predict if they bring this nominee up again, he will receive even fewer votes. because the facts are out, the facts are clear. the individual should not have been nominated. this was an act that should never have happened. the president never checked. it was a bad nomination, and i think there was a lesson there. >> the reason he likely didn't do it was because mr. debo adegbile's defenders say he defended basically a confessed cop killer, the guy never repented. but, he defended him and lawyers defend bad guys all the time. but the attorney won, they found the law had been misapplied by

the lower court. and they said look, he had nothing to apologize for. he just did what every good lawyer does which is go out there and represent your client well. >> bottom line is there are thousands of highly qualified attorneys who have a history of objectivity and independence and common sense that could do this job very well. i would hope the president would nominate somebody that both sides could come together on. >> but do you think there was something more about this particular man besides the fact he was the attorney of record on the appeal of the death sentence in this case? >> well, he supervised a team of attorneys in this particular case who went beyond the simple representation of a convicted cop killer, and certainly somebody who was entitled to representation in the court of law. but the legal team went beyond the court of law to participate in rallies, naming a street after abu jamal in paris,

france, most reasonably clear thinking people would say that is a little bit beyond the scope of representation and pale. debo adegbile has the right to do this. jamal has the right for representation, but this was just the right nominee. >> do you think we'll get something who was in your view, somebody less radical? >> well, i hope we get more reasonable nominees in the future. and i'll tell you what really concerns me, megyn, harry reid has said for the last several years that the republicans were holding up the nominees, they had to lower the vote from the requirement of 230 years ofhist. now that the curtain has been pulled back we can see what the problem is, the problem is in the nominees, not in the process. so if the president is going to continue to nominate people who can't even hit the low bar that is not the legacy i would hope would come from this administration. >> mike fitzgerald, thank you,

sir. we are following up tonight on the soldier who posted this controversial selfie. we'll tell you about this. and after the break, the moment they are calling the start of the christie comeback. ♪

they lived ♪ they lived. ♪ they lived.

♪ (dad) we lived... thanks to our subaru. ♪ (announcer) love. it's what mas a subaru, a subaru. it took a lot of juggling to keep it all together.k. for some low-income families, having broadband internet is a faraway dream. so we created internet essentials,

america's largest low-cost internet adoption program. having the internet at home means she has to go no further than the kitchen table to do her homework. now, more than one million americans have been connected at home. it makes it so much better to do homework, when you're at home. welcome to what's next. comcastnbcuniversal. we don't get to govern if we don't win. and it is not only bad when we don't get to govern, because we don't get to mold and change our society. what is worse is they do. and they're doing it to us right now. so please, let us come out here, resolve not only to stand for our principles but let's come out of this conference resolved to win elections again. that is what i intend to do for the next year and i hope you will join me.

thank you very much. >> well, that was new jersey governor chris christie getting a standing ovation at the largest gathering of the republicans. some labelled it the comeback of chris christie. and joining me now, carl cameron. hey, carl? >> yes, megyn, this is a big event for chris christie, he has not gotten a lot of relief from the press, he has been beaten up because of the bridgegate scandal. he started out. it was a little tepid in the response. there are a lot of conservatives that are skeptical about a governor from a state as blue as new jersey. yet he hit all the right tones of attacking the liberal media. accusing the left of stereotyping the republicans and demonizing them. here is a little how he put it. >> we need leaders now who say

not only we are against obamacare, which we are. we need leaders that are not only going to say we're against higher taxes, which we are, we're against a bigger government, we're against more intrusion to our constitutional rights. >> christie has been criticized for being too hot with his rhetoric. he may have toned it down a little bit. but there was a big contrast from senator ted cruz, a tea party darling who went right at the obama administration and right at the establishment who suggested that anybody who would argue that the tea party or any other conservative should pipe down has it all wrong. listen. >> and they say if you stand for principle you lose elections. the way to do it, the smart way, the washington way is don't stand against obama care or the debt ceiling, don't stand against nothing. if you want to lose elections,

don't stand for nothing. >> nine potential candidates will appear here at the cpac conference. there is a major straw poll. rand paul won the straw poll in 2013. a lot of folks here say he has it wired and may pull off another victory on saturday. we'll hear from him. >> we'll be watching, thank you, carl. coming up, an atheist group opposed to the steel beam cross at ground zero, added to the museum at 9/11. they don't want it in there. their case landed in the federal appeals court today. the president of the group said why the cross should not be there and why he says it is causing dyspepsia and headaches for the atheists who see it. and now, the woman at the center of the irs targeting, raising new questions. and wait until you find out who

lois lerner is talking to. >> my counsel has advised me that i have not waived my constitutional rights on the 15th amendment and on his advice i will decline to answer any questions on the matter of this subject hearing. ♪ ♪ [ male announcer ] your heart. it powers your body to walk enough stairs in a lifetime to climb the empire state building 1,000 times. your heart is amazing. take care of it with centrum silver. multivitamins with b vitamins and lycopene

to help support your heart and packed with key nutrients to help support your eyes and brain, too. centrum silver. for the most amazing parts of you. afghanistan, in 2009. orbiting the moon in 1971. [ male announcer ] once it's earned, usaa auto insurance is often handed down from generation to generation. because it offers a superior level of protecon. and because usaa'commitment to serve current and former military members andheir families is without equal. begin your legacy. get an auto insurance quote. usaa. we know what it means to serve. the end. lovely read susan. but isn't it time to turn the page on your cup of joe? gevalia, or a cup of johan, is like losing yourself in a great book. may i read something? yes, please. of course. a rich, never bitter taste cup after cup. net weight 340 grams.

[ sighs ] [ chuckles ] [ announcer ] always rich, never bitter. gevalia.

back now to our top stories, the focus now on the investigation into the irs' targeting of conservative groups. and newly discovered e-mails to and from the woman at the top of the irs scandal, lois lerner, who again refused to answer questions at the irs hearing yesterday. but guess who she did talk to? in the meantime, here is one of the e-mails from 2011. more than two years since ms. lerner admitted to the targeting and the number one target, tea party matter, very dangerous. joining us now, an attorney

representing multiple grass roots conservative groups who were targeted by the irs. she testified before congress about the investigation. great to see you again. >> nice to see you, megyn. >> and listen, we don't know the full context of these e-mails or what they mean. but they have been released. and what they say to me as a lawyer is we need to hear from ms. lerner. we need to have a context on these e-mails, a full explanation on why she is calling the matter dangerous, and why. here is another matter she is saying about the targeting. we need to be cautious so it is not a per se political project in january of 2012. we need lois lerner to testify, cleta, so far she has said no, but you have news on who she is talking to, tell us sn. >> well, we learned today in a meeting, congressman issa's committee, according to an

attorney during the past six months lois lerner has met privately with the investigators from the department of justice and apparently has not pleaded the fifth in those investigation hearings or committee conversations. and yet she will not speak to the american people. she wouldn't speak to their elected representative in congress but she will speak privately to the justice department. what does that tell us about the justice department investigation? she is more afraid of congress than she is the people who could indict her? >> but would she say, cleta, that this is a bipartisan witch hunt from the folks at the doj, and she is going to be doing an honest probe of the matter. >> i think that is the question, are they really doing an honest probe if they're doing a probe. i actually met with the representative, they notified me two days before i testified when i was getting ready to testify that i thought their investigation was a sham.

and i met with them last week. and you know one of the things i keep coming back to is why is the civil rights organization involved in this? this should be the office of public integrity. i think lois lerner thinks that not only is this a friendlier audience, but she thinks they will not do anything to her. >> and do you think she is right? n >> i think this is probably entirely likely. i think their investigation has been created in such a way and carried out in such a way that they have spent all of this time talking to the irs employees. and now we find out from lois lerner, the woman at the center of the controversy, before they even talked to a single person -- >> i know you feel that in the efforts they made to reach out to you and clients, you feel the timing has been very curious, tell us. >> normally when there is a crime committed. we all watch police shows,

right? what is the first thing the detectives do? they go and interview the victims and then they interview the witnesses. they don't start with interviewing people who are considered to be under suspicion for having committed the crime. and so in this case they have done it just exactly back wards, and in fact in my conversations with them they were asking me question questions that really reflected the defenses that the irs employees have raised. and so i thought that was very curious. now whether or not that works out in the end to be positive, i don't know. but i think lois lerner is worried she has made false statements to congress. and that is against the law. and yet, apparently, that is not seeming to be very important to those who are charged with investigating legal violations. >> it is very interesting that she is speaking to the doj. and we'll see whether congress follows through on its contempt

threats for her not giving testimony to them. cleta, great to see you. well, chairman issa joined us to talk about the ugly moments at the hearing yesterday. a story that got a lot of attention on media outlets. so why did they choose to ignore it? well, they ignored the substance. brent, explain what is it that the networks did. >> well, we knew what they would do, which is not cover lois lerner, because they have not covered her and they have ign e ignored this scandal almost from day one. virtually immigrant mored -- ignored it from day one. i knew this was not going to be the bombshell of lois lerner taking the fifth again. this was going to be the opportunity that lois lerner

pulled. this was an old game, they grandstanded and got headlines. by god, they succeeded. cbs did a story this morning, no mention, no discussion -- no serious discussion about her but they talked about elijah cummings. abc did nothing at all. remember i told you last week that they had done 22 seconds since june of 2013. well, that 22 second record continues. it has been 99 days since they even mentioned the irs scandal. but the best one was nbc news. i'm going to read you how they framed their news last night. in washington today, a public and startling example of the kind of behavior congress has become known for and congress has become gridlocked over. in other words, megyn, the story last night was not lois lerner. it was congress. >> right. you know, in their defense, you

know, that exchange between issa and cummings was, it was a tv moment. so we as tv people we see a moment like that, we put it on tv and discuss it. so i see why they talked about that. but to ignore the substance of what was actually happening. what they were there to have a hearing about is a different matter altogether, brent. >> yeah, megyn, you do expect tv moments on tv. i don't have a problem with that. here is the problem you have. look, i do believe that this irs scandal is bigger than watergate. and i think if you look at it objectively, you can conclude that. if you look at it, it becomes more and more apparent there were serious crimes committed. the only question is how far up the ladder does this reach? i fought back in 1997, 1998 with iran contra. if you remember, it was piddly stuff compared to this. day in and day out, all-day

coverage to find out what iran con contra was all about, what ollie north testified about. today, she doesn't even make the news. >> and you have wasserman schultz and others involved. and today, a federal court hearing, the atheist group pushing this lawsuit joins me next. >> the cross is a part of the story of 9/11. and museums don't censor history, they don't make up history, they tell the story as it happens, the cross is part of the history and the plaque is not. ♪

[ banker ] sydney needed some financial guidance so she could take her dream to the next level. so we talked about her options. her valuable assets were staying. and selling her car wouldn't fly. we helped sydney manage her debt and prioritize her goals, so she could really turn up the volume on her dreams today...and tomorrow. so let's see what we can do about that... remodel. motorcycle. [ female announcer ] some questions take more than a bank. they take a banker. make a my financial priorities appointment today. because when people talk, great things happen. [ male announcer ] don't miss red lobster's lobsterfest! the year's largestelection of lobst entrees like loter lover's dream or new dueling lobster tail withne crab-stuffed tail and one topped with shrimp. hurry in and sea food fferently.

legs, for crossing. feet...splashing. better things than the joint pain and swelling of moderate to severe rheumatoid arthritis. if you're trying to ma, now may be time to ask about xeljanz. xeljz (tofacitinib) is a small pill, not an injection or infusion, for adults with moderate to severe ra for whom methotrexate did not work well. xeljanz can lower your ability to fight infections, including tuberculosis. seris, sometimes fatal infections and cancers have happened in patients taking xeljanz. don't start xeljanz if you have any infection, unless ok with your doctor. tears in the stomach or intestines, low bod cell counts and higher liver tes and cholesterol levels have happened. your doctor should perform blood tts before you start and while taking xeljanz, and roinely check certain liver tests. tell your doctor if you have been to a region where certain fungal infections are common, and if you have had tb, hepatitis b oc, or are prone to infections.

tell your doctor about all the medicines you take, and if you are pregnant, or plan to be. taken twice daily, xeljanz can reduce the joint pain and swelling of moderate to severe ra, even without methotrexate. ask if xeljanz is right for you. of moderate to severe ra, even without methotrexate. predibut, manufacturings a prettin the united states do. means advanced technology. we learned that technology allows us to be craft oriented. no one's losing their job. there's no beer robot that has suddenly chased them out. the technology is actually creating new jobs. siemens designed and built the right tools and resources to get the job done. can go 795 highway miles on a single tank. huh... so you could drive from los angeles all the way philadelphia with just three stops for fuel. that's just a hop, skip, and a jump. try that in another midsize sedan.

it's more of a hop... a skip... a jump... a leap... maybe a schlep... probably a hurdle... a little bit of a trek... avo: during the tdi clean diesel event, get a $1,000 fuel reward card and 0.9% apr for 60 months. well, an argument today in federal court between attorneys for the group "american atheists" and the attorneys for the 9/11 museum. the attorneys are at odds on whether this cross-shaped beam should be allowed as the memorial. david silverman is the president of the atheists who have argued this. david, you and i have discussed this. >> nice to see you, megyn. >> now you lost, you lost, they found the motion for summary judgment, and your appeal to get your loss reversed doesn't sound

like you got what you wanted. >> i think people understand that it was installed on consecrated ground, which makes it a working shrine on the public land. we believe the atheists and the muslims and jews should all have their presence. it is a fair statement to say, we think the world trade center is very disingenuous to say it is not the truth. >> it is christian, not because it is christian but because of where it was found. >> but there are other religious icons in the world trade center memorial that were not found there. like a jewish star and hindu holy water are there to compensate for the obvious christianity of the cross.

if you're going to admit the cross is for the christians, and you are going to do it for us too. >> you want them to create something that was not there. you want them to create a plaque that says that atheist died here, too. that was not found there. >> neither is the jewish star, we deserve placement, too. we're only asking for equal treatment. >> and let me ask you this, you say it is disingenuous to say it is not a religious source. is it a little disingenuous to say atheists in your group are suffering dyspepsia -- what is it? what happens? >> 9/11 was an extremely bad situation and the people, our plaintiffs went through a lot on that day as many other people did. for that religious attack to be compounded by religious discrimination by our world trade center memorial, i'm not

surprised they're suffering symptoms. this is not something they should shove under the ground. >> but when they see the cross -- >> it is not about looking at a cross, megyn, it is about excluding everyone else. >> who specifically is going to say the inclusion of the cross is going to cause dyspepsia and headaches and anxiety. >> once again, this is a pretty intense situation and we're not talking about looking at a cross makes this happen. we're talking about the fact we're being discriminated against. >> who, you didn't answer my questions? who? >> we have five plaintiffs. >> did they all suffer that? >> i'm not going to get into their symptoms. >> your claims to see -- are those real, david? >> yes, there are. they're completely real. we're talking about a 20-foot cross of jesus that was

installed by a priest on consecrated ground. >> do they get a headache? >> i get a headache when i think about the fact we're discriminated against them by the world trade center. i get a headache here. >> we'll watch to see how it comes out. >> i'll see you next time, megyn. >> good to see you again. >> three times is a charm. this is how his group feels. they find the cross offensive even though it was right there in part of history, which is what the court was saying today. coming up, an american soldier sparking outrage for some, in what some are calling an unpatriotic selfie, tonight we have an update to the story. and did you bomb on the s.a.t.? turns out it may not have been your fault at all, and how your children may have it a whole lot better than you did. plus, "hannity" at the top of the hour. you want to be outraged. >> i'm outraged by people like

you who will not allow all the facts to come forward so that we can have a full on chance to testify. >> what is she hiding? >> investigation. >> i'm open for an investigation, what is lois lerner hiding. no two people have the same financial goals. pnc investments works with you to understand yours and helps plan for your retirement. talk to a pnc investments financial advisor today. ♪ so our business can be on at&t's network for $175 a month? yup. all 5 of you for $175. our clients need a lot of attention. there's unlimited talk and text. we're working deals all day. you get 10 gigabytes of data to share. what about expansion potential? add a line, anytime, for $15 a month. low dues, great terms. let's close!

new at&t mobile share value plans our best value plans ever for business.

a kelly file follow-up for you tonight, we told you the story of sheffey, who put her photo up. she since apologized for her actions, earlier today we reached out to her base to see if she was facing punishment and were told that fort carson will not release anymore information. so for now we really don't have an update for you whatsoever.

good. well sweeping changes to the s.a.t. college entrance exams announced today. turns out if you or your child bombed it, it may have been a bad test. joining me, founder of the princeton review, which under his leadership helped millions of students get into college. and he is a true admissions expert. john, good to see you. so the reason i didn't do that well on it is because it is a bad, biassed test. and so have they fixed it? >> they have not fixed it. this test is pretty much the same as it was before. these are small tweaks. and how are you, megyn? >> i'm doing good, thanks, how have they made it different? >> they made it much like the s.a.t. the americans college test has steadi steadi steadily eclipsed the s.a.t.

>> now we're going back to the 1600, now you can once again score the perfect 1600, i was just a couple of points away, that is all. in any event, now you can use a casualtiy calculator for all of it, instead of some of it. back in my day you couldn't use a calculator, it was just figure it out, you dummy. the point is, the bias they say is built into the test, specifically if the rich kids do well and the poor kids don't. >> it actually makes the test slightly more biassed. the s.a.t. predicts the performance of women. you will predict women will do much worse in college than they actually do. this test will make that even more of a problem. >> all right, so what is the solution? because a lot of parents out there are worried about this. their kids do well in high school but they bomb this test. is this going to help them? if it is not, what is the

solution? >> the solution is the a.c.t., actually, the s.a.t. has been a broken test on the college board. it has been a broken organization for quite sometime. and they're sort of signaling, you know, we're really unhappy with the tests. let's make it more like the s.a.t. you don't have to wait another year to take the s.a.t., you can just take the a.c.t. now, it is less expensive, more predictive of the results, it is a better test. >> i feel confident, one of the people on the board said we're loathe to drop from the exam the word egalitarian, but maybe we can live with the word phlegmatic, i'll give them a moment to look them up. of course i got them right on the s.a.t. what about you? how did you do on your s.a.t.s? did they predict accurately how

you would do? joining me, the 11-year-old girl and her fight to sell cup cakes, up next, why she may be a step closer to being back in business, tonight. >> i am not really sure if i have to shut down for good or just wait a while. but we're trying to figure out a way where we can follow all the rules and still get to bake and sell stuff. jellyfish, 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.

with investment information, risks, fees and eenses play in it. work in it. go wild in it. do everything but wrinkle in it. the perfect fitting no-iron effortless shirt in 4 styles and 31 colors and prints. visit the shirt boutique, only at chico's and chicos.com. so i got the new nokia lumia icon. it's got 1080p video, three times zoom, and a twenty-megapixel sensor. it's got the brightest display, so i can see what i'm shooting -- even outdoors, and 4 mics that capture incredible sound. plus, it has apps like vine -- and free cloud storage. my new lumia icon is so great, even our wipeouts look amazing. ♪ honestly, i want to see you be brave ♪ ♪ ♪ honestly, i want to see you be brave ♪ [ mthat if you wear a partial,w you're almost twice as likely to lose your supporting teeth? try poligrip for partials. poligrip helps minimize stress which may damage supporting teeth by stabilizing your partial.

care for your partial. help protect your natural teeth. still runnng in the morning? yeah. getting your vegebles every day? [ bop ] [ male announcer ] could've had a v8. two full servings of vegetables for only 50 delicious calories. ♪

♪ ♪ cozy or cool? "meow" or "woof"? exactly the way you want it ... until boom, it's bedtime! your mattress is a battleground of thwarted desire. enter the all-new sleep number classic series. designed to let couples sleep together in individualized comfort. starting at just $699.99 for a queen mattress. he's the softy. his sleep number setting is 35. you're the rock, at 60. and snoring? sleep number's even got an adjustment for that. find your sleep number setting only at a sleep number store. know better sleep with sleep number. new developments in an one-year-old girl's fight to

bake and to sell. chloe sterling had a successful run selling cup cakes, but after being featured in a local paper her bakery came crumbling down. >> my mom had gotten a call from the health department saying i was not allowed to bake and sell anymore because i didn't have a business license or a certified kitchen to bake in. >> chloe fought back, giving testimony to a state house committee yesterday. that committee then approved a bill that would allow a public sale of home baked goods. that bill now goes to the house floor making cup cake girl one step closer to being back in business. go for you, chloe. now, as a final note, i'm going to do more for you than o'reilly does for his viewers. you wonder about the s.a.t., here is a hint, use them in a sentence, the obama administration has taken heat for being too egalitarian when it comes to people's success and

wealth. faced with those accusations the president tends to keep his cool, almost to a point of being phlegmatic. what were they thinking, rejecting me, i had to go poly-sci, even though they claim i'm an alumni. and the filed is taking shape, the 2016 primary kicked off today. tonight, we'll be joined by rand paul. first we go straight ahead to shep smith. who is on the ground in kiev with the latest. >> reporter: lots of developments, most of them centered around crimea, where the crimean parliament voted to join the russian federation. what happens on march 16th, the people are set to vote on it. if it passes law, the ukraine service members, the troops there would have to turn over