do not be invidious in writing to the fact. thanks for watching us tonight. ms. megyn up next. i'm bill o'reilly, please, remember, the spin stops right here because we're definitely looking out for you. i'm megyn kelly live in new york and tonight, the obama administration planning to release thousands of felons in the interest of fairness. >> there are still too many people in federal prison sentenced under the old regime. that's simply not right. >> but andy mccarthy thinks there is something else going on here. plus, military veterans from across the country are demanding an apology from "the new york times" after a column linked vets to white supremacists but look what we found when looking into the college professor that wrote this piece. our investigation tonight. plus, the story behind the

billionaire that may have bought administration's decision to hold up thousands of jobs and billions in new spending. the "kelly file" starts right now. breaking tonight as the white house once again flouting the law. new fallout tonight hours after the obama administration announced plans to release thousands of convicted, convicted drug offenders from prison. they had their trial and they are about to get out. welcome to the "kelly file" everyone. i'm megyn kelly. eric holder announcing plans to dramatically increase the number of non-violent criminals eligible for presidential clemency, meaning, a get out of jail early card. attorney general holder says it all comes down to fairness, but what exactly is fair about telling the justice system that president obama knows best? andy mccarthy is a former prosecutor and editor to the review. that's what it is. there has been a trial.

>> right. >> there has been a detective and prosecutor who decided charges should be brought under the law and sign into a law by a president, there's been a defendant, defense attorney, a prosecutor, a prosecution, and a conviction. >> right. >> and now the president is going to step in and they are saying thousands of cases. >> right. >> hundreds of thousands and say i know better. >> right, just as the president uses prosecution description as a pretext for changing a whole bunch of laws he doesn't like. he's moved onto the pardon power. so the pardon power is going to be his way of rewriting the federal narcotics laws which he personally thinks are too severe. it evidently doesn't matter both that congress has written these laws, that trials have taken place and that his core constitutional responsibility is to take care that those laws be faithfully executed. he's going to requite them.

>> what about the constitutional law professor and following the law. however, andy, he does have the pardon power. right. >> unlike other things we discussed shs he has the pardon power. is this an abuse of it? >> it's a massive abuse of it. he has a lot of raw power, enormous power. if in individual cases injustice has been done, if there are mitigating circumstances in a case that warrant a correction, that's why the president has the power. but he's not taking about individual cases here. he's talking about a category of federal law that he fidisagrees with. so he's going to rewrite congress law by springing everyone. this is not about individual justice in cases and mitigating mistakes and hardships. this is about rewriting federal law. >> does it have to do with race? because the non-violent drug

offenders who are most likely to benefit from this, tend to be people who went to prison for dealing crack, correct? correct as opposed to cocaine and there has long been an argument that the laws are racist. >> right. >> in terribms of the outcome. you go to prison more likely if you're black and dealing cocaine -- sorry, white and dealing cocaine than black and dealing crack. >> they can't say it's motivated. white crack defendants get treated like black and hispanic crack defendants. >> right. >> what they say is more people have been harshly sentenced under the crack laws and sentencing guidelines that they are racially -- the racial element of it is in the impact wra rather than -- >> why is that not legitimate? >> because racism is about the

intent to use race -- >> so not a racist intent. >> right. >> but shouldn't something be done to right that wrong, the december party between the prosecutions and prison sentences that come down on the crimes? >> the disparity, the problem with the disparity is not racism. the problem with disparity is racism only if race is the reason for the disparity in the first place. the problem with the disparity here is that sensibly, i think you can make a good argument that crack shouldn't be weighed like 100-1 against powder cocaine, but that's what we have congress for. in fact, congress has rewritten the laws to make the disparity smaller. he can make a good argue the there is work to be done in this area, but in our system, the president doesn't get to do this by decree. >> what will happen if this stands, it appears it will, than if we have a republican president. i'm in the mood to pardon every single protester that signed outside of a planned parent hood

and shouted down on a woman getting an abortion? >> that is if the media participates in the criticism of the president. i think that if he thought he was being watched responsible by the media, he wouldn't do these sorts of things. he does them because he thinks he can get away with them, and fact, he has. >> he talked about overcrowding of prisons. that's how they justified the release of illegal immigrants who had been caught on violations of u.s. law separaas from the u.s. immigration law. we are releasing them saying we don't have room and releasing drug offenders saying we don't have room for them. >> in the last 40 years we had the biggest dip in crime. it's been a cultural upheaval with the dropping of the crime rates. to argue that's unrelated to the fact we have people that commit

crimes in jail. >> we'll continue to watch it. >> thanks, megyn. >> let us know what you think. good idea? bad idea? let us think. go to facebook.com/the kelly file or send me a tweet using hashtag the kelly file. tracking a developing story on a campaign with the potential to have a major impact on our elections. so far nearly a dozen statements have signed on to a plan to effectively ditch the electoral college. they instead, want to award the white house to whoever wins the popular vote. that would have given us a president gore. while it might seem harmless, critics suggests it not only circumstan

circ circumvents that. chris, i think most people here are like that's something a bunch of people who wore wigs came up with. i don't understand that. why do i care? >> they care because 270 is the magic number. you got to get 270 electoral college votes to win. it would have given us president gore, a whole different trajectory of presidents because the way you run for president and the way you seek office, the framers, the founders empowered the states. not the popular vote. they said you got to go and get the state on your side, the residents, which means you run for president completely different they than you would if you -- >> if it is a popular vote, the candidates could be going to california, new york, they probably would still be going down to florida. >> yeah. >> but might be blowing off the smaller states. >> they wouldn't just be blowing off the smaller states, they would be blowing off the smaller communities so the election would be contesed in new york, l.a., houston, miami, philadelphia, and the farther

down the major center of population list you go, the less influence they have. but also, it tells you what kind of candidates, what kind of parties and campaigns you would get. they would be focused on maximizing turnouts in urban centers. not just a president gore but you probably wouldn't have a vice president gore because we wouldn't have bill clinton because we would have much more liberal president. not some guy from arkansas, the center of power from this country in liberal, democratic fashions in places like philly. >> new york, philly, la, san francisco. it will effect the places that go to a popular vote. the answer was no, they did not think that was the best way. they thought the electoral college worked better, make the candidates campaign and have a winner takes all. so in other words, ohio gives all of the electoral votes to the person that won the popular

vote in that state. let me ask you this, these states, these 11 states that have so far signed on to this, what impact does that have? we had after gore lost, there was a push, let's get rid of the electoral college. to do that you have to amend the constitution. they seem to be finding a secret option number two. >> it's a hack, they are going to hack the constitution. that's their plan to subvert the will of the constitution and the founders, the framers by banning together and saying we have the 270 electoral voltes and they sy we will give them to whoever wins effectively defeating the constitution and it's part of a trend, counselor, if i may submit which is happening to the left as liberals are increasingly frustrated by the fact they are not able to affect the changes that they want. they are simply taking them. they are simply doing it and if people descent and if people complain and if the constitution gets in the way and the wigs and

electoral college complain, too bad. they will hack the code and find a way to get what they want and it's a growing trend. >> is this possible? apparently, the 11 states have 165 college electoral votes and need 270 to do an end around the constitution here which would require a lot more if you wanted to. you have to get the super majority votes and so on if you want to amend the constitution. are they likely to get to 270 and do this around the constitution? >> as they get closer to their goal, whoever is pushing this movement, will find that people will realize the deadly gravity of what is being proposed and how this will forever change the way america works and the american politics work, forever change parties and shift the balance of power away from the country and to the city this is disempowe

disempowers. as this catches on and dawns on people, i think their plan to hack the constitution this way and slip in probably e van rates but you never know because it sounds good on the surface. doesn't it? you say well, the winner of the popular vote should win. don't you like democracy. this isn't a democracy. this is a republican. >> isn't that right. good to see you. we have new video in tonight of a teen that apparently survived a five-hour flight across the pacific in the wheel well of the plane. little oxygen, freezing temperatures, what doctors are saying about this medical miracle, plus, is this guy the real reason administration just delayed a pipeline project that would have created tens of thousands of jobs and billions of dollars in new spending? up next, a new look atom stier and what he has to do with a decision being slammed by both republicans and democrats that's political. >> outraged veterans are

fighting back demanding an apology from "the new york times" for publishing the article linking them to hate groups and wait until you see what we uncovered about the woman that wrote this piece. >> between 1975 and 1995 the christian identity militia, otherwise separatists groups 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.

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new controversy today over the white house's decision to delay a ruling on the controversial keystone pipeline indefinitely. that came out late on good friday. coincidence, i'm sure. and it's a decision that leaves in limbo more than 40,000 jobs, not to mention billions in new spending. one person celebrating the decision, liberal billionaire tom steyer. he promised $100 million, perhaps more for lawmakers that make environmental issues like keystone, the keystone pop line top issues in the next election. a senior editor of the daily caller, they wanted to have attention called to it. that's why they released it on good friday. the white house is proud and stands by the state department's claim that this has nothing to do with politics.

>> and schultz said they need time to study this. let's be clear and put this in context as someone noted, we would be able to win world war ii in shorter time. this is probably the most studied pipeline in the history of the world and the reports are clear. this will not hurt the environment and has nothing to do with that. the oil will get out into the market maybe through canada. what is behind this? all signs point, as you mentioned, tom steyer, this liberal democratic donor that wants to spend $100 million and support democrats and one of his closed a visors, someone that he helped fund in a think tank, somebody the new yorker described as an advisor, didn't mention if he was paid but john, who i'm talking about doesn't do things without being paid is in the white house. in december, he was appointed as an inner circle advisor to the president on energy policy. he says he wasn't going to deal with the keystone pipeline

because he was a vocal opponent but hard to imagine this is anything but naked politics. >> why does he need a role? if you have money dangling it saying my number one issue is getting rid of the keystone pipe ly line. i don't want it build in the united states. and six months ago, they said it will be fine, going forward and it's delayed indefinitely. talk about the push back now because you're seeing democrats and republicans come out and say this was nakedly political and outrageous buecause we're talkig about jobs. >> you wanted unions on the left that wanted it because of jobs and on the right, believing you need to explore more oil. they are both pointing this to be nakedly political. president obama knows he has several democrats from

oil-friendly states like alaska, louisiana that are vulnerable in the upcoming election. he doesn't want to hurt them but not approving the pipeline. if he did that, he would be in trouble. he's going to kick the ball down the road to after the midterm elections so he can at least not avoid the losses in the senate seats of some very key democrats in a year that the democrats are looking to get hammered in the election. he doesn't want to needlessly throw seats away. this seems like a political decision and the on question is after the election, will tom steyer have enough influence then with the money he can spend in 2016 to get the president to actually not approve the pipeline in total? >> i thought that president obama and many democrats were the ones raising objections about the republicans close ties with men like the coke brothers, billionaire republicans they felt were controlling too much of the republican party agenda and now this guy tom steyer on the left who basically sounds like he's trying to do the same

thing. >> well, it's actually amazing. tom steyer actually spoke of the democratic national convention. can you imagine what would happen if a coke brother spoke? he spoke on global warming. i don't think there is any equivalent in the way they have been able to highlight donors on their side compared to the gop. the gop, of course the coke brothers donate conservative causes but don't host at the democratic convention. >> their team says there was a decision that delayed the pipeline there by about six months, i think, it was and blaming it on that. the timing is coincident l. >> what is interesting, megyn, in february when the decision came down, the white house said they will not play a role to approve it or not. it's only now they are bringing it up. >> that's tough for them. tough. jamie, good to see you. >> good to see you. >> up next, reports that one

major news network was so concerned about one of the main anchors it hired a shrink to run tests. we'll tell you who it is. is it me? [ laughter ] >> why they were so concerned. you won't believe this. plus, how did one teen manage to sneak on a plane at a major u.s. airport? security? >> i think one of the real questions is, whose watching that video at 1:00 a.m. in the video at san jose? and i think apparently, nobody. go long, look lean, in this season's most important fashion trend, the long shirt. designed to flatter, with playful hemlines and length for everybody. the new long shirt. visit the shirt boutique, only at chico's and chicos.com.

>> breaking tonight, obamacare is increasingly looking like a problem for democrats heading into the midterm elections. polls finding 39% of registered voters say they favor the health care law. 56% oppose. when you drill down to the

crucial independent voters, many decline to oppose the law. many say the only difference between candidates, what would they do? 54% said they would vote for somebody against it, 29% say will fight for it. the rest say it depends. >> we just got some new video of the california teenager tonight being called a medical miracle. the 15-year-old apparently hid in the wheel well of a boeing 767 for a five-plus hour flight and survived. the trek taking place sunday from san jose to maui, half way across the pacific ocean, more than 2300 miles. william is live in the west coast newsroom with the story, william? >> reporter: from run away to stow away because of a family argument, while most 15-year-olds spend the knignigh a friend's house in protest,

this one goes by the landing gear. about the size of an automobile trunk and lucky to be alive telling the fbi he was passed out from hypothermia and a lack of oxygen. after the landing, airport security found him wondering around the tarmac dazed and confused. >> if you don't have enough oxygen, you can feel tired, headache, nausea, vomiting. he could have had some symptoms but passed out from the lack of oxygen and managed to survive because he's young and might be in good health. >> reporter: medical officials s say he appears fine considering most die at 3800 feet. he cheated death and broke the law doing it. police say security footage, sensitive and will not be released showing him hopping a fence sunday morning. >> no system is 100%, and it is

possible to scale an airport perimeter fence line, especially undercover of darkness and remain undetected and it appears that's what this teenager did. >> i think one of the real questions is who is watching that video at 1:00 a.m. in the morning at san jose? apparently nobody because that's what tsa and the fbi are in the process of investigating today. >> reporter: the fbi says it will not prosecute this teenager and san jose police will not charge him megyn for violating the airport security. we don't know how his parents will greet him for running away, open arms or the wood shed. back to you. thank you. secret memos from the clinton administration released revealing who at fox news they really, really disliked. why didn't they produce a secret moni

moni moni monica memo? demanding an apology for pu publishing this. the woman that wrote the piece, what we uncovered. in pursuit of all things awesome, amazing, and that's epic, bro, we've forgotten just how good good is. good is setting a personal best before going for a world record. good is swinging to get on base before swinging for a home run. [ crowd cheering ] good is choosing not to overshoot the moon, but to land right on it and do some experiments. ♪ so start your day off good

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. from the world headquarters of fox news, it's "the kelly file" with megyn kelly. developing tonight, new fallout from a new york times

column titled veterans and white supremaci supremacist. we did digging into who wrote this piece and why. trace gallagher picks up the story from there from our west coast burro, trace? >> even before he started teaching history at northwestern university, she was activitily writing and speaking about what she calls the relationship between military veterans and ris s racism. her book is called, bring the war home, vietnam veterans ignite the radical right. the right and theaters of war, para military, the racist right from vietnam to oklahoma city. here is some of what she said shs listen.

>> the heat he's getting from military and others is where she sited a 2009 report that linked military vetting return from combat to a surge in membership to the ku klux klan and other white supremacist groups. the legion and consecutive lawmakers challenged it and it was pulled off the web sign. kathryn argued last week's shooting allegedly by a white supremacist military vet proves that theory brought up in 2009 was real and has military groups up in arms. we tried to reach out to

kathleen, she did not get back with us. >> thank you. michael grim who is a marine combat veteran and the american director for the american legion. let me start with you representative grim. your reaction to ms. balu as we look at who this woman is. >> i'll start with a question, how can someone that is apparently so well educated be so darn ignore rent? this is the most outrageous ignorant things written. nothing surprises me with them. you shouldn't be able to use this under your bird cage. it's a disgrace. if she has a problem with the veterans, maybe she should live in a country that doesn't provide the security and liberty and freedom that each and every one of our veterans provide.

>> looks like she devoted much of her career, the link between veterans and hate groups and boy, she's written many, many articles on it. she believes with guys like timothy mcveigh and this guy last week, there is a strong week between vets returning from war. she says war does not end in the battle field. >> you brought up an excellent point. you brought up a concern she's no longer a professor and we wonder what type of education our veterans are looking forward to when they transition back to war. is this what they are looking forward to? >> she site twos examples, how many veterans do we have in this country, least? >> over 23 million veterans and since this -- or since 1923 we had over 42 million set trains, to point out two or three that conducted bad deeds is disingenuous at the very least.

>> the thing is she points to the 2009 department of homeland security report that trace mentioned, and in that report they talk about how veterans returning home from war are more susceptible to that. she believes red pothe report at offered. >> the research we've looked at, the report was flawed from the beginning. so i think the report itself is flawed. let's look at facts. how many of our graduates are running the biggest companies of the world? how many contributions of the veterans changed the world for the better? the number is so great. is there always one rotten apple in the bunch? of course. when you recruit for vietnam. there was a draft, first of all. is it possible we drafted one or

two that were hatehating? of course. this shows quite the opposite of what she's charging. if you look, overall, most like myself that served in combat with the united states marine corps, the last thing we want to be is hate. i was trained with everything you can imagine and put our faith and our lives in each other's hands. we developed such a respect for each other, there is no hatred at least in the marine corps i served in. >> there is a question about whether "the new york times" should say something about this, should -- if not apologize and i know the veterans groups are asking for that, then maybe the public editor can at least give voice to the feedback or something to acre knowledge the considerable distress this has caused many, many veterans we've heard from a lot of them and representatives saying they are hearing about it, too. what harm, if any, does this one

woman's opinion do? >> megyn, that's an excellent question and the truth is it's such a poorly researched paper that it's actually reckless. what will happen to veterans that want to seek treatment for ptsd or get employed, now there will be a bias against them because of reckless articles like this. that's the damage there. >> do you think there would be a greater out cry if she wrote an article saying muslims attacked us on 9/11, therefore muslims, you know, need to be scrutinized. muslims are the ones we need to worry about. we had a lot of people make that claim and boy, they have been publicly excoriated but the outcry outside of the veteran community has perhaps not been as loud when you make that claim about the men and women that defend the country. >> i don't think there is any question, megyn. you're 100% right. if we target muslims as opposed to veterans, the outcry across

this country would be outrageous. the far left would be putting together marches and out protesting everywhere you can imagine but because it's our men and women in uniform, the new york times can get away from it. >> would the times have published that? >> i don't think there is no way whatsoever if you took out veterans and used muslims and 9/11, there is no way they would have published that. for "the new york times" the veterans are an easy target and there are a lot of veterans suffering from ptsd and articles will do that, dissuade them from seeking the treatment they need. >> have you heard anything? >> we haven't heard a peep from them. it really is a skancandalous, t fact they haven't said anything and veterans are suffering. they are libber ray tors. they spent their entire career liberating people. we don't oppress. we liberate. >> gentlemen, thank you for your

service. >> thank you. one major news network was so concerned about an anchor, so interested in said anchor it hired a shrink to run some tests. maybe this is secretly being done to all of us and we just don't know. you just find out when the security shows up and escorts you out. we'll fill you in. the memos that explain hillary clinton's famous vast right wing conspiracy theory quote and one of the men named as a threat is here to answer the allegations, next. >> the great story here for anybody willing to find it and write about it and explain it is this vast right-wing conspiracy that has been conspireing against my husband since the day he announced for president. i'm m-a-r-y and i have copd. i'm j-e-f-f and i have copd. i'm l-i-s-a and i have copd, but i don't want my breathing problems to get in the way

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the great story here for anybody willing to find it and write about it and explain it is this vast right-wing conspiracy that has been conspireing against my husband since the day he announced for president. >> fascinating to watch, right? that of course was hillary clinton back in 1998 claiming there was a vast right-wing conspiracy against bill clinton and now we know in part why she said that. as part of a document dump by the clinton presidential library, 28 pages of memos were released. they outlined what the administration called the

communication stream of conspiracy commerce and one of those suspected in feeding this stream, david bossy. the former chief investigator for the house committee during the clinton presidency and president of the citizens united which made a negative movie about hillary clinton. david, confirm or deny? >> oh, you got me. oh, got me. >> shock, shock. >> there is gambling going on here. you know, hillary clinton, bill clinton, they haven't changed a bit. they do document dumps on friday nights of holiday weekends. we've been seeing this for 20 years. you know, i'm not surprised my name is in those documents from the early and mid 90s. doesn't surprise me at all. >> they seem to think you're feeling information about them that is negative into the media and receiving information. i'll throw one on the boards so the viewers can see. here is the first one. they say from brown to other main stream media, floyd brown

and his associate david bossy claim that dozens of members of the mainstream press, times, magazine, used them for information or interviews. they are suggesting that you guys were claiming the main stream publications for you and you were only too happy to provide it. >> they were right because i did, floyd brown and i were the vast right wing conspiracy at the beginning of the clinton administration. there was no one else who was working on this case. i spent months working down in arkansas and covering these issues about the rose law firm and other -- the white water land deal and all the rest. listen, you know, the clintons haven't changed. what these folks stand for, you know, we still need to educate the american people is why i made a film that went to the supreme court called "hilary

clinton". >> it's clear there is bad blood between you and hilary. when you read the papers, it seems to suggest she was very concerned shs s concerned, she believed very much there was a right-wing conspiracy. those weren't just words, she believed that because she believed how people would put out information to this internet thing and the internet would legitimate stories by sending it out to other publications like the washington times and sited "the new york post" and that would somehow legitize the stories she thinks shouldn't have been legitized. >> i believe she used this as a propaganda technique to gain sympathy, however, what her problem was was the jeff girth with the new york times and chris and jackie jude, lisa myers at abc and nbc, those were the members of the vast right-wing conspiracy, true

investigative journalist, the men and women who were true investigative journalist back in the '90s, i wish we had them back today to invest in the investigations. they stood tall and won awards for their investigative journalism. >> your point -- part of the vast right wing conspiracy, the sexual acquisitions against president clinton made by flowers and -- >> sure. >> that wasn't all made up. >> l.d. brown and other arkansas state troopers, they have a problem because it's always with reliable sources. it was the police officers, the men and women of the secret service. >> and whenever you run for president, there is a bunch of people that want to tear you down and media circles, that circle around you or against you. listen, were you interested to see how much they disliked don

imas? >> look, they disliked a lot of people who had microphones. and this internet thing, which clearly, 20 years later is a big problem for a hillary clinton because they didn't have to deal with social media. long before the drudge report existed and long before facebook. >> so mean, in fact, i'm wondering whether it's tongue and cheek and they loved him secretly. we'll see whether that is true tomorrow. great to see you, david. >> thank you so much. just ahead, we'll tell you why nbc was forced to deny hiring a shrink to diagnose one of its lead news anchors. is this what we're doing now? plus, tonight on hannity. >> i can be on the show because i can fill jace's role. >> you on the show? no? [ laughter ] >> you don't have a beard. >> i got to wear a fake one. wait a minute, doesn't one not have a beard.

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"the washington post" got a lot of attention today with a report that nbc concerned about sinking ratings for their show "meet the press," which is hosted by david gregory hired a psychological consultant, a person who reportedly interviewed david gregory's friends and family, including his wife to gain more insight into his personality. since that report, there has been some added color including a denial, although "tthe

washington posts inserts sights. >> you got to be back in the day "meet the press" spent 15 years at number one, david gregory has been the host of the show for six years and the show is now in third place and dropping. bob sheafer and cbs "face the nation" is in first place. "the washington post" reported when nbc hired that psychological consultant, the consultant spoke to gregory's wife to learn what makes him tick. the reporter that wrote the article said he checked with nbc twice yesterday about the term psychological consultant and the network had no objection. when we contacted nbc today they did have an objection saying last year meet the press brought in a brand consultant, not as reported a psychological one to better understand how its anchor connects. this is certainly not unusual for any television program,

especially one driven so heavily by one person. nbc executives said last month they are committed to improving the show with david gregory as the host. gregory signed a brand-new contract last year and in case you're wondering, bob sheafer is 77 years old and he's been eyeing retirement. he's been eyeing retirement for the past 1 two years but that could shake things up as well. >> do you think there are consultant teams, psychologists analyzing us now? >> they will send a pediatrist to your house to ask your husband why you need 92 pairs of shoes -- >> because i do. some of these shoes i wear to the office and the studio and back up to the office and never get worn again. i can't pull it off in my real life. good too see you. i bet there are analysts

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triumph for america, one year after the boston marathon attack for the first time since 198 3, an american won the

boston marathon's men's race. meb keflezigni had the names of all those who died on his bib. thanks, i'm megyn kelly see you tomorrow night at 9:00. welcome to "hannity." tonight, a jammed-packed edition of the show. america, are you ready. tonight, ranch rhetoric heats up. comparing cliven bundy to oklahoma city bomber timothy mcveigh and the leader of the u.s. senate says this. >> nothing more than domestic terrorists. >> and tonight, mr. bundy is here to respond and as president obama prepares to grant clemency to thousands of drug offenders, part one of the hannity investigation inside a stoned