website. our word of the day, pecksniffian. remember, we're looking out for you. i'm megyn kelly live in new york, and tonight. 19 days since flight 370 disappeared and tonight people are starting to ask was in pilot in any frame of mind to fly? the story behind that question. plus general tom mcnerney on the latest twist. and brand new polls on the president's leadership and what it means for how strong we are, how safe we are and america's standing in the world. our focus group reacts. >> i want to begin this segment by asking our 20 americans how many of you think america's best days are behind us? >> wait until you see how this plays out. and then -- >> neither one of us had slept

for three days. just coffee and perseverance. >> breaking news tonight on the mudslide in washington. it's all on "the kelly files" right now. breaking tonight's stunning new poll showing a growing concern about the strength of america under president obama's leadership. welcome to "the kelly file," everyone, i'm megyn kelly. a series of just-released polls reveal a sharply number of americans who think their country is losing strength, stature and it's well-earned respect among nations. in the latest fox news poll 52% say our country is weaker and less powerful today than it was six years ago at the start of president obama's first term. look at that. a huge shift in how americans view the state of our nation. just 59% believe the u.s. is now the most dominant power in the world. back in 2002, it was 85% who believed that. and then there's this. a new cbs news poll showing a

dramatic first in president obama's presidency. today more americans believe our country's image in the world is getting worse than believe it is getting better. with only 32% saying that perceptions of the usa have improved since president bush left office. fewer than one in three think president obama has helped america's image. pretty startling when you think of the promises he made as a candidate. joining me now, a former speechwriter, chief speechwriter, we just added that in because it's true for president george w. bush and a fellow at the american enter price institute and joe trippey, a fox news contributor. all right, mr. chief speechwriter, those numbers are pretty gloomy, pretty gloomy. and they come, i just want to tell the audience, they come largely what's happening in ukraine and russia is playing into some of these foreign policy numbers and how people are perceiving our strength but we just got a report as we came

to air marked urgent from our capitol hill producer talking about how there is now very serious concern on capitol hill tonight about a, quote, deteriorating situation in eastern europe saying -- a top aide saying there is senior people up on capitol hill that are more concerned than they have ever seen them. they cannot describe how awful this is. some top republicans have sent a letter to president obama expressing alarm and urging an increase in the readiness of u.s. forces in europe. mark, your thoughts. >> it's a very serious situation. look, i mean putin is increasing the number of forces on ukraine's border. he's conducting exercises in a breakaway region of moldova, so this could very well threaten other countries in the region. that's why these polls you're talking about are very important because it's not just the american people that see the country, the united states as less powerful and weaker than ever before, it's the -- it's our opponents in the world. it's vladimir putin. if the american people see that,

vladimir putin sees that. i'll give you a perfect example of that. the ukrainian prime minister came a few weeks ago to meet with president obama in the oval office. he asked for ammunition, aurmtz and intelligence. you know what we gave him? mres. we gave him food rations. he asked for rpgs, we gave him mres. what signal does that send to vladimir putin? weakness. when your adversaries think you're weak, they're prone to take actions they wouldn't otherwise. >> joe, what do you make of the fact that he's less than one in three of americans believe that he has improved the country's stature since president bush. i mean there's a longing for president bush for some people who was lampooned by the left and even the center for his foreign policy, and yet you look at these polls on president bush, foreign policy, just 53% -- 53% disapprove, just 37%

approve. is he a strong and decisive leader. 55% of the country says, no, he is not. >> again, i don't think there's anybody pining for george bush right now. i think that's a misread of this. look, no one -- no one wants to put 150,000 troops into ukraine and create some kind of military battle with russia or even occupy the place for ten years like we had to do in iraq and iran. so i think both things are problematic, both of the bush policies, and obviously people -- i think the poll reflects people have questions about obama's foreign policy and defense as well. but the problem here is there is no military solution to ukraine. >> but it's beyond ukraine. it's not just ukraine. there's breaking news on that tonight which is why i mentioned it, but it's beyond ukraine. >> well, there are all kinds of places, but we're not ready -- this country is not going to go into -- put 150,000 ground

troops anywhere. that's not where we're at. this president ran twice now saying he was going to get out of iraq, get out of afghanistan. that's what he's doing. >> that's the problem, joe. >> no, it's not the problem. >> yeah, it is. >> let me mark have a turn. go ahead, mark. >> well, that's the problem is that this president, all he does is talk about how we're going to withdraw from the world so we can focus on nation building here at home. he's talking about -- he's reducing the size of the army to preworld war ii levels. you know what happened last time we were at preworld war ii levels? world war ii. strength is not part of his agenda. our army chiefs are up on the hill begging for money because the army is not going to be able to carry out its mission. you have a doctrine in libya of leading from behind, in syria, a red line that was crossed without consequence. we're projecting weakness in the world, joe. >> go ahead, joe. >> first of all, no one is going to start world war ichli

to start world war ichlii over crimea. i don't remember george bush do anything about georgia. >> he sent the military in. >> finish your pointing, joe. >> the problem here is none of this -- we are talking about old stuff that doesn't work. technology is moving forward. that's why drones and other things -- >> it's not working to improve the image of our president or our country. their image of our country is falling. >> yeah, but megyn, george bush said in his last two years it didn't matter what people were saying about he made mistakes on the war. history would decide whether his policies were right or wrong. same thing here with barack obama. these poll numbers are interesting. he's not running for re-election. history is going to decide whether his policies worked or did not work. they'll decide whether it was a failed policy or not.

>> yep. guys, good debate. good to see you both. >> thanks, megyn. >> what do these new polls mean for our country, for the larger country? pollster frank lunce puts some of these questions to a focus group. wait until you see this. if i were to offer you $10 million today, 10 million tax-free, but you'd have to leave the country a week from now and could never come back. you can take your family with you, you can take your friends with you, $10 million, who would leave america? raise your hands. >> wow. the responses and that debate got even more dramatic from there. we'll show you that just ahead. and breaking right now, a news conference just getting under way on the deadly mudslide in washington state. rescuers updating the search efforts with at least two dozen people now confirmed dead. the one square mile of the town of oso, about an hour outside of seattle, covered in mud. the pictures are just not to be believed. personal items found among the rubble, signs of the families in the small remote town. and there is some new video

tonight of that little boy, oh, these pictures, plucked by a helicopter, buried in mud. he was home with his father and three siblings and is the only known survivor of his family as of now. dan springer is live in snohomish county, washington, with the late-breaking details. dan. >> reporter: megyn, the headline from that news conference is that there were no new bodies found today, so the official death toll stands at 16. remember yesterday they said 16 is the official number, plus they found eight additional bodies that they could not remove from the area. so 24 is the number that we have as the fatality. but the oar big news here from the news conference is that they whittled down that list of the people missing. remember, it was 176 people. but 140 people on that list are well, they're okay. but the list still includes 90 people. so at this pointing the official death toll is at 16 with 24 feared dead and 90 people still missing. now, while the search for these victims and these missing people

continues, there's another developing story about a lot of warnings that were apparently ignored. we have already talked about an army corps of engineers study done back in 1999 that warned of a catastrophic failure on that slope. and now we've learned snohomish county commissioned its own study and it included the risk of a deadly landslide was high. there was a history of slides going back to the 1960s. an event in 2006 was so big it altered the river down below. a man whose daughter is missing and feared dead said he knew it was unstable but was never told how unstable. >> if they knew the potential of how large this could be, yeah, they should have informed the people that were living up there, shouldn't have let these people build up there. if that is the case, if these people weren't informed of it and they knew of it, that's pure negligence. >> reporter: county officials say now is not the time to point fingers, as 250 people are still working hard in difficult conditions trying to find all the victims. but the emergency management

director did briefly address the issue today. he told reporters residents were well aware of the slide danger but also said they were feeling safe after millions of dollars worth of mitigation work was done in recent years. >> sometimes big events just happen. sometimes large events that nobody sees happens. and this event happened. >> reporter: and with all the loss of life and the loss of property, we have not heard the last of this one, megyn. >> dan, thank you. still ahead tonight, the nra taking new aim at the president's pick for surgeon general. i'll speak with the head of the gun rights group about their unprecedented effort against this guy. and growing questions about the captain in charge of the missing malaysia airlines flight. why is a major u.s. newspaper now reporting that the blame is squarely on his shoulders? plus general mcnerney is here with an interesting thought on this. plus, more on these polls on the president' leadership and what it means for how strong we

are, how safe we are and america's standing in the world. our focus group is here. >> how many of you think that america's best days are behind it? raise your hands. you see that breaks my heart. why? plan we need it right away! we cannot let the fans down. don't worry! the united states postal service will get it there on time with priority mail flat rate shipping. ♪ whoo-hoo!

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malaysia airlines flight. and questions about the captain continue to mount. a source told usa today that the jet disappearance was no accident. that police investigating this case now believe the captain, quote, redeliberately redirected the airplane, even calling it, quote, premeditated, saying he's the only one, in this source's view, who has the, quote, experience and expertise to flight plane in this manner. joining me now, robert mark is a fox news aviation analyst and publisher of jetline.com. john lucich is a former pilot and investigator and frank keating over saw the state's response and joins us. john, let me start with you today. "usa today" is citing a high-ranking officer attached to the special investigative branch of the malaysia police officer in kuala lumpur saying the captain is believed to be solely responsible. in particular they're saying no one besides him on board this

plane had the experience to fly the plane like this. >> it never stops, we're always going in a new direction. first it was catastrophic failure, then it was hijacking and now it's a possible suicide, i believe, if you read into their report. it could be anything. i have been saying from the start that it could have crashed into the water, could have crashed into the ground or could be a hijacking. >> i realize that, but what of this conclusion that the co-pilot couldn't have done it because he was too inexperienced. >> i disagree with that. on 9/11 we had pilots that had not been pilots at all and they flew these aircraft, they maneuvered them from the takeoff altitude right down to low and brought these things into new york, found themselves from where they were to their targets and did it and with velry littl training. >> rob, is there something about the 777 that would have made it harder for this far less experienced co-pilot to maneuver it in the way they believe it was maneuvered from the point it turned around thereafter? >> no, i don't think so. this young fella had quite a bit

of time in the boeing 737. inside the cockpit, they look very similar, they really do. the controls move the same. as far as the pilots go, they don't know how big the airplane is behind them. >> what sense does pilot suicide make when they turned the plane around, they turned it west, they turned it south. they were over an ocean. that ocean wasn't good enough? what could the working theory on that have been? >> the one thing that i think is important that we remember is if this really was a suicide, if this man was really distraught, we're trying to figure this out in a logical manner. people that take their own lives are not thinking real logically. so that may be why some of this doesn't seem to make any sense but they're not going take an airplane far from there. they would have crashed it right from takeoff. >> that's how it sounds and yet we don't know. i mean nothing about the case makes sense. governor, let me ask you, as an investigative matter, how are they going to get to the bok of this. last night we had a forensic pathologist talking about if they can find the wreckage and

the remains, there may be clues there, but short of that how do you start? >> well, it's really tough. and i think that one thing we don't know or we are not sure about is how it all happened, what happened, was it catastrophic, was it pilot suicide, was it a hijacking. but you've got to start someplace. and as a former fbi agent in the investigative picture, you start with somebody. a captain whose marriage just busted out, whose girlfriend just busted out and whose political hero just busted out and was jailed, maybe that did completely screw him up and he went crazy. that's a good place to start. but think about it. the captain is twice -- excuse me, is half -- is twice the age, rather, of the co-pilot. you would think, well, maybe the co-pilot would be tougher and stronger and could overpower the captain. there are just so many unanswered questions. but you bring together the best and the brightest from the principal countries involved, china, singapore, the united states obviously and japan and

malaysia and see where you begin. but i'd start with the captain, although that may be a dead end. >> in your experience, governor, with the fbi, do you believe that they will find some clue that suggests he was planning an event on those deleted fbi files or otherwise? so far the reports are they have found none of that. >> that's a great question, megyn, and who knows. they have taken all of his stuff, they have examined him from a to z, from stem to stern, and what have they found? i don't know. all we read is what they say in the newspaper, somebody who is not permitted to say something. but i think as time passes, we will find out, but the way you start certainly the criminal investigation is with that captain first and then go on down the chain. >> rob, a question for you. flying seven hours and going back over the other ocean, if the passengers on board that plane were alive, you have to think that they would have realized something was very wrong and done something. do you think it's a fair presumption that they were not

alive or that they were at least incapacitated for the majority of that journey? >> well, i think it's a possibility. what we have to realize is that most of this flight took place in the dark. and there was only a small amount of daylight left before the airplane ran out of fuel. so it's possible that most of the passengers could have just been asleep and been completely unaware of what was even going on. >> last question, do you believe the 122 items in the sea now is the most promising lead yet, as some have described it, for debris. >> if by promising you mean only lead left? yes, i think it is, but we have to check it out. but if it's like everything else and is unfounded, this is going to be a disaster for the families, add to frustration and anger. >> there's a lot of debris in the ocean, a lot of debris. you can't make any assumptions about it. gentlemen, thank you all so much. governor, thank you as well. coming up, dr. murphy was supposed to be our next surgeon general but the nra has led a fierce fight to stop that and the gun group joins us next. a heated hearing on the irs

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new questions tonight about whether president obama may do an end around congress and install a controversial doctor as america's next surgeon general. the nominee, dr. vivek murthy, has called gun violence a public health crisis and has pushed for strict gun control. the nra came out against him, jeopardizing his chances of confirmation in the senate, but the white house is not giving up. i recently spoke about it with chris cox, who's an executive director of the nra. after our last meeting when you came on last week and said

you're going to score this vote and in particular these democrats in these sort of red-leaning states were going to hear from the nra and your millions of members, we heard many of them were balking and pushing back on the white house saying this has got no upside for us. choose somebody different or do somebody different. now the first news is that the white house is considering delay or withdrawal. your thoughts on that? >> well, recalibrating means can you add to 51. look, megyn, the united states senate rejected president obama's nominee to head the civil rights division at the justice department because he represented a notorious cop-killer. he was out of touch with american people, out of step with american people, and so is this nominee for surgeon general. so this is a very important issue. we think the united states senate should reject this nominee. >> the original reports were the white house considering delay or withdrawal altogether. and then the reports came out from jay carney saying we're recalibrating on the nominee. and making clear that the white

house continues to stand behind him. moreover, he refused to say whether the president is going to put this guy in a recess appointment or just wait until the midterm elections are over. your thoughts if he pursues one of those moves? >> well, megyn, it doesn't surprise us that president obama is a partisan ideologue, but as we said before, certain positions in government should not be filled with partisan ideologues. the attorney general, surgeon general, solicitor general. unfortunately that's what we continue to see out of this president. so if he continues to push the national rifle association will continue to push back. >> he -- this guy, vivek murthy, is not a fan of the nra and is not a big fan of the second amendment if you listen to what he has said in the past. but he says, look, i'm not going to use the bully pulpit to go after guns, i'll be focused on things like obesity. with him having said that and if we get past these midterm elections and these, you know, democrats get re-elected or they don't, whatever happens, happens, and then the president feels free to put him in there, what are you going to do about

it? >> megyn, we'll cross that bridge when we get there. for every vivek murthy, there are thousands of doctors across this country who support the national rifle association. my father is one of them. as the son of a surgeon, i love doctors. but the truth is when you go to your doctor and you sit for an hour in a waiting room, you get ten minutes with your doctor. you don't want a lecture on gun control, you want to get whatever services you need applied. this guy is just a gun control activist. he has no position and no place being the country's surgeon general and leading those discussions that doctors have with their patients. >> that was one of the things that he advocated, allowing your doctor to ask you about your guns in your house. chris, good to see you. >> thanks, megyn. and coming up, a major u.s. newspaper says malaysian officials now believe the captain of flight 370 was behind the plane's disappearance. up next, general tom mcnerney on why he thinks suicide by pilot is not what happened here, and i'll ask him whether he's standing by his belief that this plane may be in pakistan. he's live with us next.

plus a new look at those polls just out on the president's leadership and what it means for how strong we are, how safe we are and america's standing in the world. our focus group is here. >> do you think we're losing our freedoms? >> well, absolutely. it's becoming more and more like a police state. where are we going with this? ♪ ♪ ♪ ♪ told ya you could do it. (dad vo) i want her to be safe. so, i taught her what i uld angot her a subaru. irl) piece of cake. ♪ (announcer) love. it's what makes a suru, a subaru. as a police officer, i've helped many people in the last 23 years, but i needed help in quitting smoking. [ male announcer ] along with support, chantix varenline

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developing tonight, the search for that missing malaysia plane just getting back under way in australia. all eyes are on the south indian ocean where over 100 pieces of debris were spotted on satellite, but no real wreckage has actually been found in these rough waters. despite the massive search effort, there are still many other theories about what happened to flight 370. joining me now, general tom mcnerney, a retired air force pilot and fox news contributor. so usa today citing a malaysian

official is suggesting that the officials looking into this in malaysia believe it blame is with the pilot. they seem to be pursuing pilot suicide as their number one option. you don't believe that makes a lot of sense here. why? >> well, let me first say, megyn, this new data that came out from mrsat yesterday that said it was the southern arc and not the northern arc, before it said either one, does change it a little bit. it is not normal for a muslim to commit suicide and take 238 other people with him, so it's starting to change its complexion. but we must err on the national security side if in fact we don't find records, then i would not let our guard down. it's fast changing, the information that the government is letting out. i'm willing to take us where the evidence takes us. before that, all the evidence took us in the northern arc. now it's starting to change.

unreasonab unreasonable. it's much better for the united states and our allies if it did go down there and if he did commit suicide. >> well, what sense did that make? i think, general, and now you're saying it makes more sense that it did go south but what -- you're a pilot. what sense does it make, as you point out there's a muslim issue in terms of suicide and so on, but what sense does it make that a pilot like this would intentionally crash the jet and would need to turn it around to do so in the southern indian ocean when he was already over an ocean when the flight first lost contact. >> it doesn't pass the common sense test, and that's what we've got to think about, martha, it doesn't, so that's why i resisted that but i'm not going to resist good, hard evidence if it did crash down there. i always, as i say, i want to err on the national security side. if there's a potential that it

could hit u.s. forces or the united states or israelis that's where i would have to bet my money. it just didn't make sense. why didn't he just go in the south china sea or the gulf of thailand when he had to. why did he have to go down there? that's what doesn't pass the common sense test. >> and where's the wreckage. general, good to see you. >> thanks. >> he knows it me. we all do it. give him a break. breaking tonight, we mentioned this near the top of the hour. we are getting reports from capitol hill of very serious concerns about what's being called the deteriorating situation in eastern europe. a group of republicans on the house armed services committee sent a letter tonight to the president expressing, quote, alarm and asking to, quote, enhance the alert postures and readiness of u.s. forces in europe. and they also -- they also, just one other -- tomorrow nato supreme allied commander will be on capitol hill to speak to lawmakers. we'll have the latest on that tomorrow night.

all this comes as we get brand new fox news polls that reveal a sharp decline in how americans see our country under president obama's leadership. he's taken a lot of flak for how he's handled ukraine among other things. 52% say america is weaker and less powerful than six years ago during president obama's first term. we had a focus group and frank asked them about how they see america and the road ahead. watch. >> of all the sessions that i do and all the issues that we have done on fox news, there's nothing that i'm more concerned about than the future of this country and the lack of hope for the future. i want to begin this segment by asking our 20 americans, how many of you think that america's best days are behind it? raise your hands. you see, that breaks my heart. why? i've got a clip to show you in a moment that may give you faith, but tell me why. >> i think with this administration the last five years they really have been very

politicized, the people. the rich for all the problems. >> i don't mean to interrupt, but you bring this down to politics? that's why the country's best days are behind it? >> that's one of the issues and then you have the economic factors like losing the manufacturing base. >> lynn. >> i'm a small business owner and it feels like the majority of the jobs that are being created now are by the government. and if it's not for small business owners, that's where our country was built and how it started. i think we're the future. >> paul. >> i agree with that. i think our president, our leadership in this country have become dividers. they divided us every single way. they have divided us economically, they're dividing us racially, and we need to get back what marco rubio was talking about in terms of hard work, believing in this country and doing what's right for us as a whole. >> let me grab your dial. we use this and it's called instant response and we use this dial to get people to record on a second-by-second basis. this is one of the most positive

clips that we've tested in all of 2014. the higher the lines claim, the more favorable reaction. red line is republican, green line is democrat. watch how well people react to marco rubio. >> what we have in america is the exception, not the rule in human history. almost everyone who has ever lived on this planet didn't get to choose their leaders. and they didn't get to choose their life either. you were stuck doing whatever your family and your parents were stuck doing before you. what made us exceptional and different is that here truly anyone from anywhere can accomplish anything. if we lose that, it is so difficult to recapture it, and that's something worth fighting for. every time i talk about how special america is, some commentator or whoever it may be will roll their eyes and say that's just something americans tell each other to make themselves feel good. you have the right to believe that. i don't have that option because i've seen it with my own eyes. >> you all reacted so favorably

to marco rubio. so he gives you faith, david? >> how can we be on the right track? right now we're becoming a nanny country. we have 47 million people on food stamps or other assistance. gdp is not even averaging 2%. we're just losing it. >> i don't agree with that. here's the thing. it depends on who's defining nanny. corporations are getting gifts, the middle class is declining because there are people on both sides who are favoring their own positions. if we start working together, as taxes were in the '50s, highest in the country, we built the interstate commerce commission, i mean the highways. so that's the issue. it's not right or left it's are we in this together or am i going to put my stuff in my safe and you keep yours in yours. >> i think we're becoming a country of government junkies. i think the whole nature of this country has changed. >> government junkies. >> yes. when did we have so many people not even looking for work? okay, we were a working, innovative country. my father got up at 4:00 a.m.

every morning, kissed us good night and went to his job as a butcher. now it seems like it's cool not to work. >> alex, you weren't born here. where were you born? >> in moscow. >> so it's your country causing us all this trouble. >> well, i wouldn't be so sure. i am actually a republican. >> is america's best days ahead of it or behind it? >> well, unfortunately i have to say at this time it's behind and i can explain why. >> why? >> here's my problem. first of all, i want to say i'm republican, fiscally and socially conservative so i'm pro-american. i'm an investor. here's my problem what's going on right now. >> in ten seconds because i've got to go on right now. >> there is an irs scandal, there is an nsa scandal, department of state officials trying to go around, start the revolution at taxpayer expense. where are we going with that? also united states government forcing me to buy product? where we live in? >> here's the thing.

so do you think we're losing our freedoms? >> absolutely. it's becoming more and more like a police state. where we're going with that? >> ask your question. are we becoming more and more like russia? >> actually he is doing everything for the country at this time. he's trying to rebuild the country. what are we doing over here? we are wasting our money on a revolution worldwide? >> you're one of the youngest people here. tell me -- >> yes, i actually still have faith our best days are ahead of us. you have to understand women can work now, women can vote. we've come a long way. one of the things i see that's promising is that children are being given a chance to start education early and i think that's a start. that's something i really look forward to. >> i want to ask you a question because we're almost out of time. if i were to offer you $10 million today, $10 million, tax-free, but you'd have to leave the country a week from now, you can never come back, you can take your family with you, you can take your friends with you, $10 million. who would leave america?

raise your hands. you see, that just blows me away. raise your hands if you would get out and not come back. >> depends on where. >> this is to me tragic. that you can now actually put a price tag on american citizenship. megyn, i don't know where america is headed, but it cannot be held eheaded in the right direction. >> wow. we're taking your thoughts on that. follow me on twitter and go to our facebook page, facebook.com/thekellyfile. up next, a heated hearing on the irs scandal today. it claims the irs is now stone walling this investigation. wait until you hear how long it's going to take them to produce the e-mails of lois lerner. oh, it's not days, it's not weeks, it's not months, it's years. that's next. whether or not you think we need something or ought to have it or we're on a wild goose

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a fiery hearing on capitol hill today. the house grilling the irs commissioner about the slow process of handing over subpoenaed documents, including e-mails from former irs official lois lerner.

listen. >> because she said i've done nothing wrong, i've broken no irs rules or regulations, and i have broken no laws. that is pretty broad, mr. commissioner. >> it's clear that individuals acted on their politics and we now have some, but only some of the e-mails to prove it. >> when you have people in positions of authority and responsibility that are expressing overtly political commentary on government e-mail, i think we ought to be entitled to all of them and that's why we asked for it. >> when we say all, we want every single e-mail in the time period in the subpoena that was sent to you. plain and simple. >> republican ohio congressman jim jordan is a member of the house oversight committee, you saw him there. congressman, good to see you. so the irs commissioner responded saying the amount of time it will take to look through and redact the private information from the documents you want could last years. and certainly beyond the next election. >> megyn, good to be with you

too. here's the issue. lois lerner won't talk to us, the new irs commissioner won't give us the e-mails, even though we asked for them a year ago, we sent a subpoena six months ago, sent a second subpoena last month. he still says we're working on it, we're trying, we'll get there some day maybe. we want every -- as we said in the committee, what part of "all" don't you understand? now think about this. when this story broke a year ago, you know the irs was combing through every piece of correspondence lois lerner ever sent. it's not like they haven't looked at this stuff, it's been almost a year. again, how are the american people going to get to the truth, how are we going to find out what really happened here if lois lerner -- it's interesting, she'll talk to the justice department, the people that can put her in jail, she won't talk to us. she'll talk to the justice department because that investigation is a sham but won't talk to us. how are we supposed to get to the truth? >> he said, look, we have

devoted 250 employees and millions of doctors to six separate investigations, produced hundreds of thousands of pages of documents so far and we at the irs have to get down of managing the business of the irs and can't devote all of our time to redacting these e-mails and sending them to you. >> megyn, there are 2400 employees in the chief counsel's office, the lawyer's office at the irs. put some of these on full time. some democrats admitted to this, this is about first amendment rights to political speech. free speech rights. this doesn't -- this is as basic fo fundamental, as paramount importance as anything in the country, so put some lawyers on this. work round the clock and get us the information so, more importantly, we can get the information and the truth to the american people. >> already the congress -- your committee has threatened to hold lois lerner in contempt for not testifying and not producing documents. now there was a suggestion by chairman issa, the irs

commissioner could be held in contempt if he does not comply. you can't say you'll get it in several years. so do you think it's likely that the committee would move forward with a push for contempt for ooifrt one of those? >> yes. lois lerner should be held in contempt. and if john as he testified today and takes two or three years to get us the e-mails, he should be held in contempt too. that is just unbelievable that he would say it's going to take that long when we asked for these documents when may of last year. we subpoenaed them in august and sent a second subpoena last month. >> it's the same old thing, when the irs wants documents from the average citizen, you can't turn around and say it's going to take me several years, i'm very busy. congressman jordan, good to see you. new developments in the custody fight of a teenager in massachusetts. for the first time, the judge in the case weighs in giving new details about justina pelletier is not back with her family and in a sudden reversal is not

going back any time soon. plus hannity at the top of the hour. >> they didn't notice that the first thing that happened in the 20th century was an act of war against the united states in downtown new york and the pentagon. they really think war is out of date. war is the great human constant. s . ...and a choice. take 4 advil in a day which is 2 aleve... ...for all day relief. "start your engines"

kelly file follow up for you in the custody battle of a 15-year-old girl taken from her family more than a year ago. a massachusetts judge deciding that justina pelletier will stay in state custody and will not be returned to her parents. the state took custody when a boston hospital said the girl had mental challenges, not physical ones and found the family was giving her unnecessary medical procedures.

michael graham has been following the story from the start. the judge said she was going to go back to the custody of her parents, back to connecticut. suddenly, a reversal, a 180. no, she's not. how did it happen? >> first of all, a horrific ruling, and i talked to lou pelletier, and he's so outraged after 14 months of waiting for his daughter. it happened from a judge's bizarre pattern in massachusetts where you can lose custody of your child and no one tells you why. in the entire ruling, nothing about why they took her away from her mom and dad in the first place 14 months ago. >> the child and family services and massachusetts dcf said it was in justina's best interest to be taken away. >> right. yeah, megyn, based on what? if you read the report, the only reason connecticut started investigating is they got a request from massachusetts after

they said, hey, we want you to investigate? what did they do wrong? every parents has to wonder, if i choose hospital x versus hospital y, i suddenly might be trapped in the children family system? it makes no sense. >> originally, the daughter was getting care at tufts and having medical procedures that doctors prescribed. >> exactly. >> then the doctors at childrens said, no, it's in her head. this constitutes abuse, and the child gets taken from the parents because of the, quote, abuse. do they fight on, because they had been winning up until the ruling yesterday? it was like, forget everything. dcf retains control. >> they're going to fight on. this is the first history of matt stavers' career where a judge has said we're not going to allow you to step in and participate. as you know, out of state lawyers can do that. why are they keeping it a secret? why won't they let justina speak?

she'll be 16 in may. the state and boston children's hospital will not let her speak. >> when you read the judge's opinion, he's clearly unhappy with the pelletiers, but he's mostly focused on the way they're outraged at the hospital staff. michael, good to see you. >> i appreciate it. >> we'll be right back. gunderman group is a go.

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♪ ♪ ♪ our focus group. what would you do? would you take $10 million if

somebodyffered it to you on the condition you leave the united states and never return again? go to facebook.com/kellyfile. let me know what you think. thanks for watching. i'm megyn kelly. this is "the kelly file." welcome to this breaking news addition of "hannity." we'll have the latest on the missing flight 370. also tonight, three very special guests joining us in studio over the next hour. former new york city mayor rudy giuliani, rand paul, and george will, but first, the malaysian government has announced a satellite has captured images of 122 objects in the indian ocean that could in fact be debris from the missing boeing 777. they range from 1 yard to 25 yards in length. they're close to where other satellites have previously detected objects. malaysian officials are calling this the most credible lead to date.