into my style and the person 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.

what message do you think he's trying to send you and u.s.

military having a russian fighter jet in the red sea? is he mocking you? >> they're not interested in any military confrontation with us understanding our forces are superior to russians. we don't need a war. >> joining me now mark case on. and former assistant vice chief of staff. welcome to you both. so what does double sided headlines? we have our own former fox news correspondent pressing the president on whether we're now getting mocked by the russians, as six out of ten americans believe the president does not have credibility with them what. do you make of it >> the answer is yes. president putin thinks you're weak. why does he think president obama is weak? he keeps saying there are going

to be consequences but there are never consequences. second, president obama tonight accused vladimir putin of covertly arming paramilitary groups to destabilize eastern ukraine. when the government said give us arms so we can defend our country obama said no. because that would be too provocative. so russians are arming illegal paramilitary forces but it would be provoke tiff for us to arm the legitimate government to defend itself? that is weakness. that is why president putin has no respect for barack obama >> it's spot on. look. we've heard there are going to be consequences and red lines we've heard that you can keep your doctor if you like your doctor. what do you think putin thinking

now? he knows he has to do things tactical. we need to give him tanks with stocks and 50 michlt g 29s. we need to give him things like light vision goggles. . he knows what needs to be done. we need to do those things that send a signal not start a war. but coercive we're stronger. there is no question nato dominates but let's act like it. >> mark we've talked about obamacare on that.

never considered it p a foreign policy perspective but the president made numerous threats to countries like syria on the use of chemical weapons and to russia on what is going to happen and so on. and you're saying break your word if you have to but don't get us into another war. what is the problem? that he's yoef promising and under deliver something >> yes. it's funny. he keeps promising and they never come through yes. the syria red line was not planned. then he was turning to vladimir putin to find a way to get out of it

the administration is just bumbling around. and projecting weakness the problem is that weakness is provocative. none of us war but war more likely when you project weakness. if no consequences in syria or in crimia there are going to be no consequences in eastern ukraine. china is watching this and iran watching this they're emboldened by our weakness. general, last word. >> weakness breeds aggression. >> thank you very much. >> thank you. >> there are questions about an unsettling new video out of yemen showing a large group of fighters including the second in command meeting out in the open. he tells them to remain focused on attacking the united states.

pete, the beef has been a, did we know about it? if we did, why did we send a drone there? what do you make of it? >> well, if we knew bit, boy hope we'd send a drone to deal with it. we haven't had human intelligence in yemen. we don't have our fingers on that pulse. the bigger problem is that we've wanted to ignore this president the president tells us al qaeda is be the run. no. it's on the mark. now with this blatant demonstration this is a blatant signal and a propaganda video the leader of al qaeda some deem the most-dangerous al qaeda organization in the world. thumbing their noses and saying we dare you. it's a demonstration they've got more capabilities than we've let

on. >> president said they're on the run. but during the campaign said over and over again they were on the run. so my question is out in the open ask talking about attacking america is when he was saying that was that just politics? and that he knows the truth? do you think that is a belief by the president? . >> i think a lot of it was politics. i believe there is a a lot of willful blindness here. that if wishes it so, it becomes so. he wants to believe we live in a world where words will heal. so he didn't address the threat

head on. things drones can do it. you have to have intelligence to deal with them. he's got his head in the sand hope things will fix them selves and they won't. >> you're charged with asking how do we stop these people from growing. what are your thoughts on it? >> this sends us one of the dynamics is that you can look at what they do and tells you about capabilities they have. this is going to be blurred out. why? those could be faces looking to get out into europe or america to plot and be involved in attacks. this is a video showing

capabilities which tells us about how strong al qaeda may be in that part of the world. >> good to see you. >> thank you. >> we just got breaking new developments in south korea. a ferry carrying hundreds of students sinks in frigid murky waters leaving several dead, and hundreds missing. many, children, young. and some missing students apparently sent text messages from the boat just hours ago. >> i want to you take a look at pictures you can see now is the bow of the boat this, thing has been sinking now over # hours. yet, as you said there are parents saying they got a text from their son saying he is still trapped inside of the boat, other students under there, in an air pocket but authorities have not yet

confirmed that. those on board they they heard a loud bang then the shich began lifting left. there are dozens of vehicles on the boat which is why it nipped over. passengers told to sit still. and listen and reet the captions because nits korean. many who obeyed are among the miss being and on top of the water the boat was lifting they was cargo and luggage. no official word on the cause. but south korean news agencies are now reporting that the ship sailed into rocky waters in very foggy conditions. those students headed to an island which is considered the hawaii of south korea. >> all right.

trace. teenagers on board that boat and we'll follow it. >> brand new video about the bundy ranch raid and whether it's the latest example of what the administration create being what are some calling a culture of intimidation and brand new documents on irs targeting of conservative groups. wait until you see who is on other end of the e mails just surfaced. plus, gun owner rights taking heavy new fire today from a powerful group of doctors. nra here to respond in moments. 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. in this season's most important fashion trend,

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>> 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.

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. 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 fallout from 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 today that's for the freeman of america.

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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 ]. passion...

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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 government 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 ]. sked people a simple question: in retirement, will you outlive your money? uhhh. no, that can't happen.

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now to a "kelly police have reopened the investigation into the death of a colorado mother of three of new evidence suggests there may have been a coverup. our local fox affiliate did some digging in this case and found evidence that tom may have played a role in ashley's death. the facts are so compelling it prompted police to reopen and re-examine this case. thank you so much for being here. tom, the husband, wants everyone to believe that his daughter

took her own life on new year's eve. did he have any evidence in this that she was depressed or had a history of mental illness? >> not at all. she was happy. she was a happy girl. >> when you first heard the claims that she killed herself, what did you think? >> we had left her house ten minutes prior to this taking place. the uncle and aunt were going to have a super bowl party. this was after tom had been in the house at this point ranting and raving and screaming. we decided it was time to leave because this was typical behavior of him at the function. >> you didn't believe this from the get-go. >> not at all. >> there's a detective in this case. he took witness statements. he was investigating this and he

was the one who said this is a suicide. he started questioning the same witnesses after the fact and got a very different story than in the detective's police report. >> we were [ inaudible ]. >> we had just pulled right around the corner because we were so concerned. we were talking to my brother and his wife in the car. should we go back? i knew he had shot her. i was literally out of the car right behind the first police officers. he did not have his gun drawn.

>> did the statements that the detective omitted from the police report -- the 6-year-old said she saw daddy with the gun. she said, i thought daddy shot mommy. police recounted that. then there was the statement by a neighbor who said, detective that a neighbor shot his wife. the person who spoke with the detective said i'm shocked at that. what motive would tom have had to murder your daughter? >> there was a lot going on. ashley told me in august she was

having an affair. if you watch the whole interview, he's very calm in a lot of it. you can then see how irate he is. then they cut the interview right off after that. >> i'll play a little bit of the phone call. shot herself in the head. please help me, please help me! >> does that -- does that, what does that say to y >> what does that say to you all? >> i don't think it was something that was planned out. i think he was in one of those irate states. she went back into the house. it was less than ten minutes after us leaving. they got into an argument and then he shot her. i do believe he was getting the gun ready. he ran by us.

he was so upset that i think he did it. n >> now he has custody of their three young children. we certainly hope you get the justice you deserve and the justice your daughter deserves. >> thank you. >> and we'll be right back. when it comes to good nutrition...i'm no expert.

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we'r 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 prosecuted. in a few minutes the bundy family, including cliven bundy, 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