objects to it. so i'm going to deal with that tomorrow on mad as hell. thanks for watching us tonight. ms. megyn is next. remember, the spin stops here. we're definitely looking out for you. i'm megyn kelly live in new york and tonight, exclusive new documents just out on the irs scandal as the tax agency was targeting conservatives, was it working with justice on a plan far more dangerous? we'll show you the e-mails we just found. >> the government will just keep taking more and more. >> is the bundy ranch a latest example of intimidation by an out of control government? judge napolitano reviews the case and gun rights taking heavy fire from a powerful group of liberal doctors and a man with a billion-dollar bank account. the nra is here as "the kelly

file" starts now. dramatic new questions of credibility at home and abroad as president obama faces tough new questions on the showdown with russia and a new poll suggests a majority of americans thinks this president is not being honest with them on a host of issues. welcome to the "kelly file" everyone. i'm megyn kelly. this poll came out a few hours ago and may be the ugliest picture of how americans view the president after scandals and failures. six out of every ten people believes president obama lies to the country some of the time. 16% say he never lies to us and the president facing questions about his leadership as cbs news presses him tonight on whether russia is mocking the united states and our handling of the showdown with president putin. >> what message do you think vladimir putin was trying to send you and the u.s. military

by having a russian fighter jet buzz a ship in the red sea? is he mocking you and the u.s. military? >> they are not interested in any kind of military confrontation with us understanding that our conventional forces are significantly superior to the russians. we don't need a war. >> joining me now mark jason, the former speech writer to president george w. bush and a fellow at the american institute and the former assistant vice chief of staff of the air a force. gentlemen, welcome to you both. what a double set of headlines. cbs news, our old fox news correspondent major garrett forcing the president on whether we're getting mocked by the russians as six out of ten believe that the president does not have credibility with them. mark, what do you make of it? >> absolutely we're being mocked. the answer is yes, president putin things president obama is

weak. he says there is going to be consequences and there is not. no consequences in syria, crimea. he accused of vladimir putin of arming military groups to destabilize eastern ukraine, yet when the ukrainian government came to us and said give us arms so we can defend our country, obama said no because that would be too provocative. provocati provocative? the russians are arming illegal military forces in eastern ukraine but it would be provocative for us to arm the legitimate government to defend itself? that's weakness and why president putin has no respect for president barack obama. >> general mac, what do you think? >> he hit it spot on. we heard there is going to be consequences and red lines. we even heard, megyn, that you can keep your doctor if you like your doctor. what do you think putin is thinking now? he knows that he has got an empty suit that is just talking.

we need to do some things tactically. first of all, as mark eluded to, we need to give them lethal weapons, 100 t 72 tanks or excuse me 50 meg 29s. then we need to give them communications non-lethal things like night vision goggles, fuel, intelligence. i know the supreme allied commander europe very well because he was my instructor pilot as a captain when i was vice commander in chief as u.s. air forces europe. he knows what needs to be done. we need to do those things that send a signal, not start a war, but it's that. there is no proof nato dominates but let's act like it. >> mark, we talked before and a

lot about obamacare and the misrep sen tami misrepresentations. the president has made numerous threats to countries like syria on the use of chemical weapons, even to russia on what is going to happen if it annexes crimea and so on and been criticized for not following through. in the meantime you have a body politic here in the united states that is saying we don't want war, so break your word if you have to but don't get us into another war. what is the problem for him? is he over promising and under delivering? >> yeah, you know, it's funny. i don't know that he was polled but i think vladimir putin is one of the 60% that thinks that obama lies a lot and promises consequences and they never come through. yes, he's stomach ling in. the syria red line was not planned and in the answer to a question to a journalist. he never intended to draw a red line and he was struck and turning to vladimir putin to get out of it.

this administration is just bum ling around, setting red lines, saying consequences when they have no intention of enforcing them. the problem is weakness is provocative. none of us want war but war is more likely when you project weakness because there were no consequences in syria. no consequences in crimea and none in eastern ukraine. china is watching this. al qaeda is watching this. iran is watching this and all emboldened by our weakness. so it makes conflict down the line more probable rather than less. >> general mac, i'll give you the last word. >> weakness breeds aggression, megyn, that simple. >> thank you, both. >> thanks, megyn. >> thanks, megyn. >> questions about an unsettling video out of yemen. it shows al qaeda fighters meeting right out in the open. they seem so joyful. at one point he tells them gathered to remain focused on

attacking the united states. combat veteran, ceo of concerned veterans for america and fox news contributor. pete, the beef on this is a, did we know about it? b, if we did, why didn't we send a drone over there? do you make of it? >> well, if we knew about it, i would hope that we would send a drone to deal with it. clearly, we haven't had the human intelligence in yemen. it's a complex situation with al qaeda and separatists. the bigger problem is we wanted to ignore the threat. we have a president that tells us that al qaeda is on the run. no, al qaeda is on the march. black flags flying and now with this blatant demonstration, proaganda video with the highest leadership in al qaeda, the leader of al qaeda, some deem the most dangerous al qaeda organization in the world thumbing their nose at us saying we dare you and demonstration

they have more capabilities than we led on. >> the president said they are on the run and jv but during the campaign said over and over again they were on the run. so my question to you as you see them gathering and talking about attacking america is when he was saying that, was that just politics? do you think that was politics and he knows the truth, which is they are not necessarily on the run. they are resurging or do you think that was a genuine belief by the president? >> i think a lot of it was politics. benghazi was politics. a desire to damp down a decision, that's politics. i think there is a lot of willingful blindness and commander in chief that wants to believe the world changed when he kale into office. he doesn't want to see the fact al qaeda elements can still be a threat to us. he wants to believe we live in a post historical world where words will heal. when they don't and so he doesn't address the threat head

on, thinks drones can do it is the only thing we need when we got to infull trait the networks and have the intelligence to deal with them. he has his head in the sand hoping things will fix themselves who serve in the battle field, al qaeda wants to come at us. we have to come at them with strength. >> you were charged with asking how do we defeat these people and stop them from growing. you see a gathering like this, what are your thoughts? >> what this sends us, faizing and timing. you can look at what they do and tells you a lot about the capabilities they have. the phasing and timing shows they are mature and believes they are secure in where it is and the ability to plot and plan. some of the faces are blurred out. why? likely, those could be faces looking to get outside of yemen to plot an attack this is more sophisticated than people want to admit and this video shows

the demonstration of planning and plotting a proaganda and shows us how strong they may be in that part of the world. >> pete, good to see you. we got breaking new developments on a terrifying situation in south korea. a ferry carrying hundreds of students and dozens of others sinks in frigid mirky waters leaving several people dead, dozens injured and hundreds more missing, many of them children, young. and we just got reports some of the missing students apparently sent text messages from this boat just a few hours ago. trace gallagher has the latest, trace? >> reporter: megyn, i want you to look at the latest pictures. all you can see is the bow of the boat and keep in mind it's been sinking for over 24 hours and yet as you said, this are parents saying they got a text from their son saying he's still trapped inside. others are in there in an air pocket but the authorities have

not confirmed that. those on board say they first heard a loud bang and the ship began lifting very hard left on top of the 450 passengers. there were dozens of vehicles on the boat, which is why it flipped over so fast. yet passengers were told repeatedly to sit still. listen and read the captions because it's in koreanen. play this. >> many of those who obeyed are among the missing and on top of the water rushing in on them. remember, the boat was listing, they had cargo, other passengers and luggage falling on top of them. no official word on the cause, but south korean news agencies are reporting that the ship sailed into rocky waters in very foggy conditions. those high school students, megyn, headed to an island called jay ju considered the

hawaii of korea. >> teenagers on board that boat. we'll continue to follow it. we have brand-new video tonight raising questions about the bundy ranch raid and whether it is the latest example of the administration creating what some are calling a culture of intimidation across america. judge napolitano is in on that. the irs targeting of conservative groups and wait until you see who is on either end of the new e-mail s that just surfaced. plus, gun owners rights taking heavy fire from a powerful group of liberal doctors and a man with a billion-dollar bank account. the nra is here to respond in moments. cars are driven by people. they're why we innovate. they're who we protect. they're why we make life less complicated. it's about people.

we are volvo of sweden. a short word that's a tall order. up your game. up the ante. and if you stumble, you get back up. up isn't easy, and we ought to know. we're in the business of up. everyday delta flies a quarter of million people while investing billions improving everything from booking to baggage claim. we're raising the bar on flying and tomorrow we will up it yet again.

>> breaking tonight, explosive new e-mails released today showing lois lerner communicating with the department of justice and setting up a meeting with them to discuss the criminal prosecution of conservative groups looking for tax exempt status who she felt may have lied about their political activity on their applications. this is just in, brand-new and katy is editor of town hall.com and a fox news contributor and has more. katy, walk us through. we know lois lerner is at the heart of the scandal looking into conservative groups but this adds a new element to it if she were pushing or cooperating in the push to have them

criminally prosecuted for what? >> well, judicial watch obtained these e-mails, one of which shows lois lerner discussing with a woman named nicole flax who used to be the chief of staff for the former ers commissioner, hardly someone coming out of a low level office in cincinnati discussing the doj was interested in looking at groups and whether they lied about the information they were giving in terms of political activity that they were planning on doing. the key here is not only that lois lerner was no contact with the department of justice, which is supposed to be investigating the irs scandal but also ties in this other woman, nicole flax who says in return i think we should help the doj out and get them the information that they are looking for when it comes to pursuing crime anytime prosecution showing lois lerner isn't the only one here. >> let me stop you here. whose idea was it? did it just come out the doj

said let's consider prosecuting the groups seeking tax exempt status? >> absolutely not. so in april of 2013 which was about a month before the irs scandal broke in may of 2013, democratic senator sheldon white house during a senate judiciary committee asked doj and irs witnesses why they weren't pursuing criminal prosecutions for tax-exempt groups involved in the activity when they said they wouldn't be. they took that and ran with it and called lois lerner and asked her what they could do with the irs to get them information -- >> let me stop you there. so the democrats reach out to the doj and the doj reaches out to lois and the irs. is it that easy? as a democrat, you say to the doj under a democratic president and administration, hey, how about looking into prosecuting those conservative groups who want tax exempt status? i'm sure they made political

donations that aren't lowed. go ahead. was it that easy or easy to expect? >> this connection between senator white house and the doj in this case came in an open hearing. but let's not forget that last week we saw that democrat elijah cummings on the house side, his staff was in contact with house officials putting through the vote, which you-all know about on the map for irs targeting. so this isn't necessarily just something that happened in an open hearing. this is stuff that went on behi behind the scenes that we're beginning to see. it was the matter of a democrat at a hearing and saying hey, maybe you should look into doj criminal prosecution of this. the doj then contacted the irs and made it what they could to get them that information. >> the greater context of this seems to me, you tell me, but it seems to me what we've learned over the past ten days or so is that the irs scandal broke. they were targeting the

conservative groups. the democrats expressed outrage with the republicans but then shortly thereafter declared it's over. case closed. what we're learning is some democrats were holding hands with the irs during the targeting, not only did they suggest it should happen but they were helping it happen. >> right. well, there is a couple big take aways from this. first the department of justice is supposed to investigate the irs scandal. we see they are implicated and there is a conflict of interest. senator ted cruz is calling for a special prosecutor. second, we're seeing maybe democrats were saying pack it up and move along because they didn't want the information showing they may have been helping to push it. not to mention, let's not forget it wasn't just elijah cummings and senator white house. we had chuck schumer saying to the irs after the scandal broke keep going after these groups, and so democrats were definitely colluding what the extent of

that but it's starting to show. >> we'll learn more. good to see you. >> good to see you, too, thanks, megyn. a story we first broke on the kelly file. a judge opened the door for a u.s. company to prove it was targeted for retaliation by the obama administration, we'll update you. double trouble, a powerful group of liberal doctors and a guy with a billion-dollar bank account pledge to change and tighten our gun laws. [ male announcer ] when fixed income experts...

♪ ...work with equity experts... who work with regional experts... that's when expertise happens. mfs. because there is no expertise without collaboration.

mfs. two pretzels. put in on my capital one venture card. i earn unlimited double miles. not bad. can i get your autograph mr. barkley? sure kid. man my fans they love me. that's the price you pay for being world famous. he meant sign the receipt, fool. greg anthony. haha. hey man, could you sign my hat? he wants my autograph.

earn unlimited double miles with no blackout dates from the capital one venture card. what's in your wallet? . a twin threat to second amendment supporters as former new york city mayor michael bloomberg announces he'll spend some $50 million on anti gun awareness. just days after a prominent group of doctors pushes for increased gun control including

in the medical office. chris cox is executive director of the nra. let's start with the doctors. no sooner does the president's choice for surgeon general get pushed off to the side than this group of doctors rises up and says for them it's an issue, as well. they think gun violence is a public health issue and believes it's a matter for doctors to be discussing with patients, discussing with parents how to store guns and threat their guns but knot ju but not just parents, regular individuals, that doctors need to way in. >> this is coordinated. when you go to see your doctor, you're there for medical services. you sit for an hour, you get to see them for a few minutes. the national rifle association doesn't want to be lectured. we don't want members and average americans to be lex tctd

when seeing their doctor. they need to talk about diet and exercise and not gun control. >> they say that gun violence is the number two accidental cause of death in the united states after car accidents and so they view it as a health issue, in particular with respect to the children, although not limiting it to children at home. >> megyn, it's clear they want to treat the freedom like a disease. americans across this country use firearms in legitimate self-defense, hunting, all sorts of lawful purposes. that doesn't fit their narrative so that's ignored. the average american supports this freedom. they don't want it in the doctors' office and they don't want to be lectured how to use the firearms safely. if you want to, join the national rifle association. >> they are not happy with the nra nor is mayor bloomberg,

despite the fact he left office is continuing to keep the nra in the cross hairs. 50 million bucks to try to defeat you, your agenda and everything you stand for. your thoughts on it? >> well, megyn, the truth is if he didn't have a billion dollars or $31 million we wouldn't talk about michael bloomberg but he had a lot of money and says he'll try to spend it to purchase the freedom. he can buy a lot but not the hearts and minds of american people who love this freedom and love the second amendment and want to be able to exercise freedom and not be lectured by a ball near nanny on how to live their lives. >> do you view him as a threat? >> absolutely. we take him seriously. we have 31 billion reasons to take him seriously. this isn't about money but the hearts and minds of american people, and the nra is average americans, honest tax paying law-abiding americans all across this country who support this freedom. michael bloomberg can't buy

that. he can buy a lot of things, but he can't buy the freedom and the american people who support it. >> chris, good to see you. >> thanks, megyn. coming up, new questions in the death of a colorado mother of three. police first said it was a suicide but evidence now suggests it may have been a murder involving her husband and a coverup perhaps by a cooperative police officer. the victim's parents are here with an exclusive interview. plus, new the showdown in the west. why judge napolitano says this demonstration against the american people is something like we've never seen. >> the government just keeps taking more and more, more federal government. today that's for the freeman of america. salesperson #1: the real deal is the passat tdi clean diesel gets up to 795 highway miles per tank. salesperson #2: actually, we're throwing in a $1,000 fuel reward card. we've never done that. that's why there's never been a better time to buy a passat tdi clean diesel. husband: so it's like two deals in one? salesperson #2: exactly. avo: during the first ever volkswagen tdi clean diesel event, get a great deal on a passat tdi,

that gets up to 795 highway miles per tank. and get a $1,000 fuel reward card. it's like two deals in one. hurry in and get a $1,000 fuel reward card and 0.9% apr for 60 months on tdi models. humans. even when we cross our t's and dot our i's, we still run into problems. namely, other humans. which is why at liberty mutual insurance, auto policies come with new car replacement and accident forgiveness if you qualify. see what else comes standard at libertymutual.com. liberty mutual insurance. responsibility. what's your policy?

why relocating manufacturingpany to upstate new york? i tell people it's for the climate. the conditions in new york state are great for business. new york is ranked #2 in the nation for new private sector job creation. and now it's even better because they've introduced startup new york - dozens of tax-free zones where businesses pay no taxes for ten years. you'll get a warm welcome in the new new york. see if your business qualifies at startupny.com 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. ♪ ♪ ♪ [ male announcer ] the nissan altima with nasa inspired zero gravity seats. ♪ let it take the weight off your drive. ♪ ♪ nissan. innovation that excites. developing tonight, fox news

obtaining new video of the mess left behind after the standoff between federal agents and protesters at the bundy cattle ranch in nevada. just back from the ranch, william? >> well, the root of dispute, of course, is the desert tortoise. the federal government gave them the permission to seize and impound the cattle to protect the tortoise but did not say the agency could, as this video shows, destroy his water tanks, water lines and fences and bundy blames the blm for killing two prized bulls. >> if you notice, i'm inside the pen where the bull was shot and if you look inside of the pen, there is nothing where this pen has been bent. the post is still in the same spot. it hasn't even moved. not like the bull was smashing this pen or trying to attack the people or anything. the pen is sitting here. hasn't moved. no damage. where was the danger in the bull? >> blm wranglers allegedly shot the bulls because they were

dangerous and could gore their horses. bundy's friends say the white bull was shot five times. >> nowhere in the court order that i saw does it say that they can destroy, infrastructure, destroy corrals, tanks, desert environment, shoot cattle. >> now the blm said this afternoon these are federal lands and don't need permission to destroy illegal fences water lines to restore the land to the natural state. remember, bundy doesn't even recognize federal authority. the government says he owes $640 million in damages and if he failed to pay, they would sell his cattle. we discovered a big problem. no one in nevada would touch bundy's cattle for fear of being blacklisted. >> the sale yards are nervous what has been taken stolen cattle from the federal government. >> documents show blm paid a utah wrangler $966,000, almost 1

million to collect the cattle and reportedly $300,000 for a utah auctioner to sell them. they didn't see where bundys cattle could not be shipped or sold in utah. the blm was stuck with cattle it could not sell despite spending millions of dollars in an operation that didn't work. the blm says it will try to resolve the dispute administratively and judicially but bundy does not recognize the rights and remains in violation of multiple court ordinaries, back to you. >> william, thank you. new reaction to the bundy ranch showdown. the federal response was a case of over kill and say this is a part of a larger pattern. >> they throw an army of men in there, literally with sniper rifles on guys just like you are, on people just like you are and some day they are going to throw that army of men around you.

>> today is the greatest day of my life. i've lived 65 years. the government just keep taking more and more, more federal government. today, that's for the freeman of america right there. for them soldiers that died and fought for it. >> this right here is the best thing i've seen, the people taking their country back. >> judge napolitano is with me now. taking the country back and we've heard so much about how the bundys did not have the law on their side, they were trying to stand up for a principle, but more and more in the days after this, judge, people are talking about how it got that far. if you look deep into this ranching dispute, what the ranchers will tell you is this is the straw that broke the camel's back. there was a piece in the "washington times" today that used that term, culture of intimidation seen in this stand off. my question to you, is that valid? >> well, the criticism is valid. it is a culture of intimidation.

it's the federal government using grossly excessive force in order to resolve a dispute that you and i as lawyers know and people watching us now should understand can be resolved by filing pieces of paper in a courthouse. instead of filing pieces of paper in a courthouse called a lien, the government says it owes him money and a court order validated that, file a lien on the property and when he pass s away, the government gets to collect or when he sells, the government collects. the government can certainly exist until the money passes to it. instead, they are showing up with an army pointing m 16s not only at mr. bundy and his family members but friends, people there to protest and exercise first amendment rights, fox news and other news entities there trying to take pictures of them. that's what made this so hair trigger like is the gross unacceptable, unlawful accumulation of firepower there

in order to enforce a judicial degree. >> it's not the first time we seen this. fox news covered the raid on the gibson guitar facility in tennessee where we had agents armed with semiautomatic weapons, bulletproof vests storming in over a piece of illegal wood that gibson was using in the guitars. they were criticized for behavior in agas and federal agents raiding that. we've seen heavy-ended tactics in fact in terms of the raids and then we've seen it, you know, at a more broad level with the irs and doj going after reporters, the nsa spying on us. it's big government run a muck in the eyes of many. >> it's the federal government thinking it is immune from the laws of the land, the laws of civili civility. there is a vast disconnect not only between the federal government and people like mr.

bundy, remember the government is the servant, not the master. that's on the decoration of indepen dance. it's boosting about the fact it destroyed his property. the government is subject to the laws like everyone else. they destroy his property. they have to pay for it, but yet, they think they can be alaw to themselves. that's why this particular case is now ground zero, megyn, for the average american who expects the government to be the servant and federal government that thinks it can push the average american around. >> let me step back a notch because he did not have a law on his side, cliven bundy. he lost twice in the court of law and what binds us together if not the rule of law? where did the feds go wrong having the law on their side? >> that's a great question. the feds blew this. they had a law that issued a degree against bundy. the circuit court of appeals

upheld that order. if the federal government did this right, none of it would have happened. they used such excessive force and unlawful behavior, so much destruction of the property, the tide turned against him. public opinion is clearly against him. they had to back down because their behavior was indefensible at the scene. they said you can't protest unless you go three miles away and stand inside a piece of tape. >> right. >> when the government loses control of the situation because of its heavy-handedness, whatever court looks at it and it will go back to court and the government has the losing hand. >> judge, good to see you. >> good to see you, megyn. a courthouse win, a judge opening the door ff for a major u.s. company to prove it was targeted and retaliated against by the obama administration and we'll tell you why. plus a new twist in the apparent suicide, it was ruled a suicide but now there are

questions of a colorado mother of three. police just reopened the case after evidence suggests it might have been a coverup by her husband and a cop. her parents are here in a kelly file exclusive just ahead. >> the wound in the back of her head isn't where she can do it herself, tom. >> oh, bull [ bleep ] bull [ bleep ] bull [ bleep ] bull [ bleep ]. i have low testosterone. there, i said it. how did i know? well, i didn't really. see, i figured low testosterone would decrease my sex drive... but when i started losing energy and became moody... that's when i had an honest conversation with my doctor. we discussed all the symptoms... then he gave me some blood tests. showed it was low t. that's it. it was a number -- not just me. [ male announcer ] today, men with low t have androgel 1.62% testosterone gel. the #1 prescribed topical testosterone replacement therapy, increases testosterone when used daily. women and children should avoid contact with application sites.

discontinue androgel and call your doctor if you see unexpected signs of early puberty in a child, or signs in a woman, which may include changes in body hair or a large increase in acne, possibly due to accidental exposure. men with breast cancer or who have or might have prostate cancer, and women who are or may become pregnant or are breastfeeding, should not use androgel. serious side effects include worsening of an enlarged prostate, possible increased risk of prostate cancer, lower sperm count, swelling of ankles, feet, or body, enlarged or painful breasts, problems breathing during sleep, and blood clots in the legs. tell your doctor about your medical conditions and medications, especially insulin, corticosteroids, or medicines to decrease blood clotting. so...what do men do when a number's too low? turn it up! [ male announcer ] in a clinical study, over 80% of treated men had their t levels restored to normal. talk to your doctor about all your symptoms. get the blood tests. change your number. turn it up. androgel 1.62%.

wbecame your business.. change passion...r. turn it up. at&t can help simplify how you manage it. so you can focus on what you love most. when everyone and everything works together, business just sings. ameriprise asked people a simple question: can you keep your lifestyle in retirement?

i don't want to think about the alternative. i don't even know how to answer that. i mean, no one knows how long their money is going to last. i try not to worry, but you worry. what happens when your paychecks stop? because everyone has retirement questions. ameriprise created the exclusive confident retirement approach. to get the real answers you need. start building your confident retirement today. [ matt ] the only thing better than the smell of fresh-cut grass is the smell of perfectly level, fresh-cut grass. that yellow seat's my favorite chair. [ kathleen ] you want to find a john deere dealer? just set your gps to tractor expert. [ jim ] when my grandson grows up, it's his. but it's all mine now. [ male announcer ] that's how we run, and nothing runs like a deere. now get $400 off all john deere four-wheel-steer lawn tractors at a dealer near you.

first, on the "kelly file." a big win in the courts for a major u.s. company that say causing the obama administration of targeting them in a multi billion-dollar political retaliation lawsuit. a federal judge now opening the door for standard and poors to prove its being punished by the feds for downgrading u.s. doubt to aa plus in 2011. trace gallagher has the latest, trace? >> reporter: and the judge's rulings, megyn, means s&p could be one step closer to being able to question former treasury secretary tim gitner under oath. the big rating agencies pumped up the housing bubble by giving good ratings to the mortgage-backed securities that turned out to be toxic leading to the financial crisis. but the feds are only suing s&p for fraud.

s&p claims lawsuit is retaliation for downgrading the credit rating. they say there is no evidence of retaliation but now a california judge disagrees saying s&p's evidencediscriminatory intent is circumstantial but sufficient. they are getting documents about a phone call. the ceo of mcgraw publishing which is the parent company of a and p. mcgraw claims he said s&p had done quote an enormous disservice to yourselves and your country and the conduct would be quote looked at very carefully and such behavior could not occur without a response. that call came 15 minutes after he met with president obama in the oval office. the judge has ruled for now the oval office documents are off limits after the documents are reviewed, s&p lawyers apparently

will decide if they should question tim gitner d rrkr dip m under oath. >> the journalist who first broke this story, james, great to see you again. >> good to be here. >> this is turning into a mess for the obama administration, they don't like this lawsuit and this judge is giving it a very big green light. what's the crux of what he's just done? >> that's right. the judge is definitely taking the pay back defense very seriously on the part of s&p and what he's given them is the ability to get documents, not just showing why the targeted them but also why it didn't sue these other rating agencies that did the same thing and also, what it was doing investigating banks because a lot of the evidence on banks may show it was the bank's fault. not s&p. it gives more weapons. >> s&p's whole theory, the crux of the defense is this lawsuit

is only being brought against us not because of what we did that led up to the financial melt down, it's because we downgraded the government and therefore we got sued and mod -- moodies didn't and they are pointing to warren buffet and his relationship with moodies why they got and pass and s&p didn't. >> i'm pointing at moodies. it raises a big question because you look at the suit, basically, over 100 securities the government said were fraud on the part of s&p. in almost every case, almost every one of them rated the same. >> the only thing different is the fact that s&p did the downgrade. >> maybe we're going to find out if they are deep in the documents, there is reason why they were looking at s&p and moodies but on the face of it, two companies, one downgraded the u.s., one different.

mr. buffet said the u.s. should be aaaa when the downgrade happened but they rated mortgage backed securities the same way. >> if they wind up proving retaliation that will be a big story legally and poll lit tickly. james, good to see you. next on the "kelly file" police reopen the death investigation of a colorado mother. her husband claims she committed suicide but now there are questions whether he played a part in her death. her parents are here in an exclusive interview next. >> i did not shoot my wife! >> that wound on the back of her head isn't where she can do it herself, tom. >> oh, bull [ bleep ], bull [ bleep ], bull [ bleep ], bull [ bleep ]. what can your fidelity greenline do for you? just take a closer look. it works how you want to work.

with a fidelity investment professional... or managing your investments on your own. helping you find new ways to plan for retirement. and save on taxes where you can. so you can invest in the life that you want today. tap into the full power of your fidelity greenline. call or come in today for a free one-on-one review. introducing the more everything plan. our best ever plan for families. four lines for only $160 a month. including 10 gigabytes of shareable data. 25 gigabytes of cloud storage to connect all the content you love. unlimited talk. and unlimited international messaging. all so your family can do more-- for less. our best plans. on the best network. for best results, use verizon.

now to a "kelly file" investigation. police reopened the investigation into the death of a colorado mother of three after evidence suggests there may have been a coverup. 28-year-old ashley committed suicide on new year's day in 2012. her husband tom, a former corrections office called 911 but our fox affiliate in denver did digging in this case and found evidence that tom may have played a role in ashley's death. the facts uncovered were so compelling it prompted police to reopen and re-examine this case. joining me now, ashley's pare s parents, jana and joel. tom, the husband wants everyone to believe that your daughter

took her own life on new years eve from 2011 to 2012. did he have evidence she was depressed, had mental illness, anything that would support suicide mentally? >> not at all. she was happy. a happy girl. >> so when you herd his claims she killed herself, what did you think? >> it's not that we heard, we left her house ten minutes from this prior to this taking place and she was on the porch saying good-bye to us and their uncle and aunt and telling us they were going to have a super bowl party and we would be invited and this is after tom was in the house ranting and raving and screaming and so, we kind of decided it was time to leave because this was somewhat typical behavior of him at functions. >> so you didn't believe it from get-go. >> not at all, not at all. >> but the police did. so there is a character in this case, detective yates and he took witness statements. he was investigating this and said this was a suicide and yet,

kdbr started questioning the same witnesses after the fact and got a very different story from the story that appears in detective uayates' report. what reason would he have to cover it up, joel? >> we felt from the very beginning that our daughter not just felt, megyn, but we know from the beginning that our daughter was murdered. we were steps behind the first responder upon leaving -- >> upon coming back. when we had just pulled right around the corner because we were so concerned we were talking to my brother and his wife in their car that we were thinking what do we do? should we go back? we saw the first police car and i knew immediately that he had shot her and i literally was out of the car right behind this first police officer who did not have his gun drawn and then i took the kids into another room because they were screaming.

>> the statements that detective yates is accused of omitting from the police report, their six-year-old daughter reportedly said that she saw daddy with the gun, but they discounted that -- or she said i saw daddy shoot mommy but they discounted that because she said she witnessed three gunshots and ashley was shot once and a statement by a neighbor who said i told detective yates that i received a call from the neighbor next door saying call police, your neighbor just shot his wife, but what wound up in the police report was call police, your neighbor just shot herself and apparently, the person who spoke with yates said i'm shocked, that is not what i told him and this led police to reopen the case. who motive would tom have had to murder your daughter? >> i think there is a lot going on. ashley did have divorce papers. she told me in august of 2011 that he was having an affair. his anger, you can see his anger

in the interview and if you watch the whole interview, he's calm a lot f it but boy, when he gets angry, you can see how irate he is. unfortunately, during the interview they cut it off after that. >> we played some of that interview in the teases before your segment but he made an emotional 911 call, i'll play a little of that so the viewers can hear what i'm referring to. >> my wife shot herself in the head. please help me, please help me! >> does that -- does that, what does that say to you, at all, jenna? >> what it says to me, i don't think it was planned out. i think when we left he was in one of those irate states. she went back into the house and we're literally talking less than ten minutes after us leaving, they got into an argument and then he shot her. i do believe, though, that he was getting the gun ready. i believe he went into the room because he ran by us and said he

hated us f-ing all and wished we would die. i think he did it and did something he couldn't believe he did. >> and now he's got custody of their three young children while this investigation goes forward. we've seen this kind of thing before in at least one other instance. it did not end well. we certainly hope you get the justice you deserve and your daughter gets the justice she deserves. we'll stay on it. thank you both for being here. >> thank you. >> and we'll be right back.

cars are driven by people. they're why we innovate. they're who we protect. they're why we make life less complicated. it's about people. we are volvo of sweden.

that would be my daughter -- hi dad. she's a dietitian. and back when i wasn't eating right, she got me drinking boost. it's got a great taste, and it helps give me the nutrition i was missing. helping me stay more like me. [ female announcer ] boost complete nutritional drink has 26 essential vitamins and minerals, including calcium and vitamin d to support strong bones and 10 grams of protein to help maintain muscle. all with a delicious taste. grandpa! [ female announcer ] stay strong, stay active with boost.

grandpa! 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.

we're taking your thoughts on the show tonight, go to the kelly file on facebook and twitter. let me know what you think and thanks for watching. i'm megyn kelly. this is the "kelly file" see you tomorrow at 9:00. welcome to "hannity." it appears cliven bundy's fight with the government is not done. his son is doubling down climbing that cliven bundy is not a victim and should be prosecut prosecuted. in a few minutes the bundy family will be here to respond but first, reaction to this and much, much more, donald trump, how are you? >> hi. >> i am on this season's apprentice. >> that's right. i understand you're helping a good friend of yours. >> gerardo -- >> he's doing well. you would be proud of him. >> if you say he's fired, it's not because of money because he's