things and again, one of them is targeted at me. thanks for watching us tonight. ms. megyn is next. i'm bill o'reilly. remember, the spin stops here. we're definitely you. i'm megyn kelly live in new york and tonight, with just weeks to the opening of the 9/11 museum, a controversy erupts over how to portray al qaeda. should radical islam be mentioned? plus with the doj pushing to release thousands of convicted felons, new worries about bad guys getting out that should not and then, one of america's biggest veteran's groups is here for a message after reharks like that one.

a big night on "the kelly file" starts now. the national september 11th memorial museum weeks from opening facing explosive controversy over the portrayal of the terrorists that murdered 3,000 americans. good evening, everyone. i'm megyn kelly. this is "the kelly file." the memorial is built, but tonight critics are focussing on a video barely seven minutes in length. a film on al qaeda and the ideology they use to justify hijacking four planes and crashing them in pennsylvania, in washington d.c. and into the twin towers in new york city. now just weeks from the museum's opening at ground zero, critics are raising objections that the video and its mention of radical islam is not softer in its presentation, that it doesn't try to distinguish al qaeda and radical islam from islam in

general. the museum is not releasing the video but provided some script in which the nnarrator, by bria williams of nbc, the program tracks al qaeda's embrace of violence to commit mass murder at the down of the the 2 1st century. an associate priest of st. phillips church and brooke goldstein who is a hue mman rig attorney. reverend brayer. you happen to be the daughter of steven prayer, so there is a relation there but he's not involved. you're a rev rant and you object to this as does your group and a muslim representative in the group walked off of the group, i'm told, because what? because you feel like there should be a line item in there

saying, oh, and by the way, radical islam is different from regular islam? >> let me just step back. i served with many other people from different state traditions as chaplains after 9/11 down to the morgues and ground zero to really be a presence of ministry down there, and it was something, an event that radically affected my life in 2001. we're thrilled with much of the work that the museum has done to honor that day and tell that incredibly difficult story. what we're saying is that we want and expect a little bit more from this video that you mentioned, that it needs context. it needs something about islam as a -- as george bush would say, peace loving religion and that that is the context out of

which a few, you know, insanely violent and horrific individuals -- >> but why does it need context? because according -- the way "the new york times" reported it, the issue is whether, according to you, your group, whether it's appropriate for antiinflammatory to use islamist and jehod? >> nothing. jehod is one of different activities. most muslims adhere to is the struggle to do good which is a powerful and real struggle, the struggle to be able to fast -- >> are you saying that's another form of jehod? >> yes. >> but the way it's generally used is to understand those who want to commit war, acts of

terror. >> that's been -- >> are you worried that somebody is going to think they have a muslim friend who is talking about jehod talking about food and think this person is a terrorist? >> i'm a little worried about that. >> really? >> the media is so intent. >> that's how people believe its the term. it's not up to you to introduce at the 9/11 memorial a different use of jehod that is known in much smaller circles. >> it's not smaller circles but the entire faith of islam to wage the struggle to do good. i'm saying that is the comment if you want to indonesia millions of muslims, if you went anywhere around the world and in our own city, the muslim new yorkers would know jehod with that term. it's fine to use it in the violent context but you have to say what it means.

>> you're saying -- brian williams in reading this piece may justify bigotry or violence against muslims if he doesn't include a line about how most muslims are peace, loving people. >> whether it was pearl harbor or any other violent act that's be committed against this country, there is always the fear that the wider group of people are going to get blamed for the insidious acts. >> how far can you take this? you can say not all germans supported adolph hitler? >> when you talk to someone today that covered serbya, if you ask them at the end of that time they would know there is violence but they wouldn't know they are christians. we're saying let's be clear when we identify someone's religious tradition as a reminder or even a disclaimer at the very beginning, here is what we want to see and you have the more

detailed description. >> thank you for being here. >> thank you. >> want to get to brooke goldstein who is with us. brooke, the thing is this memorial is not about the peace loving muslims and making them feel better about their usage of the word jehod, et cetera. >> it's not about islam. reverend briar and the people on the panel are being incredibly intellectually dishonest when they say they want to portray islam in a positive light. the purpose is to portray accurately history and portray the truth, and the truth about 9/11 is that the 9/11 hijackers were motivated by a version of islam that justifies suicide, homicidal violence against civilians. the fact that there are thousands and thousands of mosques around the world,

especially in ham burg for peaching al qaeda's version of 9/11 where the hijackers were trained. this is a real and imminent threat of the western civilization and we're engaged in debates making deals with ourselves how to define an enemy that attacked us over 14 years ago. >> what about the reverend's point that not mentioning that the vast majority of muslims have no wish to do us harm may leave some walking away from this video thinking oh, muslims are bad. muslims attacked >> did she have a very low opinion of americans if she thinks americans are too dumb, if they walk into a memorial for 9/11 victims that they are not going to be able to distinguish between the al qaeda hijackers and peaceful muslims that do not ascribe to that version of ice lamb. his critique of the film is not about the content. the critique is not that the

film portrays al qaeda accurately. it says the critique is that it portrays al qaeda as a muslim terrorist group. it portrays the truth and the truth is offensive to muslims. again, very low opinion of muslims, if they think muslims will be offended by showing the fact. >> they don't like the term jehod. they say we suggest using specific terms like al qaeda-inspired terrorism and that viewers would be given a more comprehensive version of jehod. your thoughts. >> major nadal hassan did not menace words when he screamed the term and murdered americans. the terrorists separated muslims from non-muslims and butchered women and children. we here in the west are making deals with ourselves, and this is pathetic, especially after 14

years after 9/11 because if we can't tell the truth about the enemy we're facing and by the way, even president obama said al qaeda is the enemy of the united states. if we can't understand that, if we can't talk about it, then how are we supposed to defeat radical islam? this panel should be for concerned about defeating islam terrorism than diverting attention away from the victims and because of 9/11. >> it's something to think 12 years after 3,000 americans were murdered in front of our view eyes in museum that honors their memory and talks about what happened to them in that crime, we are dealing with the objections of how to portray islam, how to portray muslims. that's become a pause in this debate because we're worried about, you know, certain people's feelings. however, brooke, it's a group of people who don't mean to hurt anybody, who condemn 9/11. those people shouldn't be

grouped unnecessarily by mistake or otherwise with the radical islamist that did do us harm. i'll give you the final word. >> what are we gaining from this final debate? do we think americans are not smart enough to distinguish between the two? history will repeat itself if we cannot accurately learn from it and make sure it does not happen again. radical islam is a threat to america. i'm not afraid to say that and i commend the museum for sticking to the truth. >> brooke, great to see you. >> thank you. >> thanks for being here. up next, governor rick perry tonight sending a message to the feds about a possible land gap in texas. a message he says is yoet nquota threat but a promise. plus, the angry reception president obama saw on the first stop of his overseas trip, plus, these three men served their country but their opponents in the midterm elections think that's not good enough for them to hold a political position,

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of texas and burro of land management, same entity disputing with cliven bundy out in nevada. this time the disputed land is along the red river between texas and oklahoma. the texas attorney general almost daring the feds to come down and try to take the land from texas land holders and tonight, texas governor rick perry is standing behind his state's ag. here he is earlier on "your world." >> do you approve of that kind of language? >> come and get it. it is a dare. it's a flat out texas challenge. >> it's not a dare. it's a promise we'll stand up for private property rights in the state of texas. >> greg abbott is a very powerful and thoughtful attorney general. he's on the right side of this issue from a private standpoint from the private property right stand point and i don't think americans want to see another one of these exhibitions from

the federal government of them coming in with armed troops over an issue that ought to be taken care of with commonsense when you think about it. >> keith is the news editor at town hall.com. katy good to see you. what do you think on the last point that americans don't want to see another land grab by the feds but the feds are saying we have no plans to expand the holdings down there. this dispute however, centered around whether they think they already own they in fact do already own. >> well, they think that they already own it and their argument is they are not expanding but only looking at how that land should be used. at the same time they are saying they are not seizing land, they will dictate how the property is used. when it comes to the appetite for tolerance of the blm swooping into the areas privately owned for decades in the state of texas, these lands had been used by ranchers for a

very long time as greg abbott and governor perry said and it is not going to be good for them when they come and try to kick them out and pay grazing fees they haven't been paying before in this situation. >> i'm looking at this situation, you know, in nevada and the situation in texas and seems like in both situations, you know, the feds have court rulings that are in its favor, at least in their favor, at least certainly in the bundy situation there is at least one ruling that favors the feds, but the american people seem so interested in this dispute, katy. my own personal opinion is that the reason is they had a lot of government, big government in their lives and they are just paying more attention to the stories in general. >> well, in terms of this story being, i think, this story is very different than the bundy ranch situation, and attorney general abbott believes that he has a legal leg to stand on and sent a letter to the blm siting supreme court president and siting the blm who in 1994 said

this area of the country, red river boundary was a unique situation and if they took the 90,000 acres, they would have to go through congress to do it. they said they will have to go through that process if they want to take it. one thing we need to talk about here when you bring up federal government over reach and too much government. the blm already owns 1/3rd of the land in this country and don't have enough money to pay for it already and don't have enough money to manage it. they have tens of billions of dollars in backlog management they have to get through and shouldn't be acquiring more land, they should be deferring to the states and private property owners who quite frankly do a better job. >> do you think because rick perry went on to accuse the government here of acting quote imper imper imperilest. do you think that sort of tensions are already high with, you know, the push to raise

people's taxes, the push to make them pay a tax to obamacare, the expansion of a federal government that people believe should be more limited? >> right, and especially when you talk about a situation where the feds are going to come in and really take over private property that's been managed and worked on and lived on by a bunch of different communitiesb. when it comes to the governor blaming the obama administration and president obama expressed a want and allocated resources to gain more land under federal control, this is something happening for decades and decades, which is why the federal government owns so much land and it's a real problem. it's not only about private property, it's about environmental, the degrading of the environment. we've seen a lot of bad consequences as a result of the federal government taking care of the land and having maintenance backlogs. >> the bundys --

>> so -- >> it's not necessarily this president, but the expansion of government has happened under this president and, you know, we've seen a lot of frustration in the polls with people on that. katy, good to see you. >> good to see you, megyn. the doj pushing to release thousands, it could be more than 200,000 convicted felons. there are new warnings out tonight about some of these bad guys getting out that should not. we'll have those just ahead. starting to react with a growing anger to campaign trail controversy including not one but a few candidates who served their country and are now taking political hits for their service? [ human league plays "i'm only human" ] [ ship horn blows ]

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>> enhancing his credentials and now countering prior statement by using his former drill instructor in his ad. >> he taught me how to be a soldier. >> in alaska a group ran an ad accusing republican dan sullivan of not being a real alaskan. listen. >> documents show that while sullivan pocketed a maryland tax credit for residents there, he was voting in alaska, claiming to be one of us. >> what the ad left out is that he lived in maryland to work in national security after september 11th. the national republican senate yil committee was not about to let that comment pass they made an ad using a comment

from a local alaska news anchor. >> sullivan and his family moved to alaska in 2004 he was called to active military duty. really. you're going to begrudge the guy for that? i don't think so. >> finally the democratic attorney general went after his opponent saying that serving as a lawyer in the iraq war was not a real job. >> trace, thank you. joining me now is ceo of concerned veterans for america as well as a fox news contributor. pete? what did you do? i was here pushing paper you're. not a real job. >> couldn't be a real job. i feel proud to be on the kelly file. you remember they made a big deal about how the republican national committee is doing

training for republican candidates about how to talk about victim issues the democratic party might want to train their candidates on how to talk about veteran issues these are u.s. senators who walked out and say you left this state to go serve your country after september 11thth? that snot good enough z you went and became an army ranger served in iraq, afghanistan, that somehow entitles you? it's detachment. both come from families their father was a u.s. senator. and in alaska his father a u.s. representative. they're coming from long lines of political families and dispairaging folk that's put on uniforms. >> do you think there is a bias among some, in this case, democrats but that is against military service? that there is a certain kind of guy that goes into the military?

>> do you remember the john kerry comment? >> we v let's play it from 2006. >> you make the most of it. study hard, make an effort to be smart you can do well. if you don't, you get stuck in iraq. >> i think the left has a veteran problem in way. there is a sentiment of the military is the kid that the place where the kid down the street blue collar goes to maybe get a leg up. anyone running for office are in ivory towers of harvard getting refinements would mean to be a u.s. senator. my goodness if we had people who learned how to serve the nation for something greater than just a resume we might get things done. two combat veterans in the senate. maybe we'll see more folks like that. >> at least john kerry served other guys don't put on the

uniform. and this is a political matter. >> these are public statements they don't realize it. they're just not qualified. this guy is a colonel he doesn't have -- >> the guy in maryland, you know, he was a lawyer they were ripping on his opponent lieutenant governor anthony brown. he's saying look. he was a lawyer if iraq. that is fine and good but this is a real job. >> he has no idea what he's talking about. it's because there is detachment. these folks who just don't get it. it's a detachment from the institution that fought wars and other people stepped aside they don't understand it.

and frankly they thumb nir noses at it and say you do my dirty work while i'm in the senate. people aren't go to being take it. >> maybe you and jesse james duff will change that. >> new controversy as the obama administration pushing to release up to 200,000 convicted felons these folks were convicted, by a jury of their peers in a legitimate, undisputed criminal justice system now they're going to get a get out of jail early pass because the president thinks it's unfair. is that right? and who is about to get out? next. and angry pro testers sending a message to president obama yachl we'll show you why.

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>> a chaotic protest means president obama may not receive the warmest welcome touching down in the philippines. police in manila broking out the fire hose as they clash with protesters upset over a security deal. president obama supposed to arrive there monday as part of a larger trip. the journey part of a plan to reassure allied nations over concerns about an china. new reaction to the justice department declaring thousands of convicted criminals now eligible for early prison release. deputy attorney general james

cole today outlined it. we knew it was coming but now today, we know more. he called it all a matter of fairness. >> it's important to remember that come huatiothey are not pa exonerations, expresses of forgivend, rather, as the president said quote an important step towards restoring fundamental ideals of justice and fairness. >> tom dupree, good to see you. i know you say this is a radical expansion of the president's powers. how so? because he does have the right, power to grant clemency and paradance. >> that's right but when they convey that power, they anticipate presidents would exercise that power with restraint and discretion and of course, what president obama is imposing is restraint and

discretion. he's essentially throwing the jailhouse doors open to sounds like potentially hundreds of thousands of individuals who were duly, lawfully convicted under the law that kpiexisted a putting them back on the streets. >> they are saying generally these are crack dealers or caught with crack as opposed to cocaine and say that tends to involve black defendants as opposed to cocaine that invites white defendants and a racist element here and they say the mandatory minimums for those crimes were too high and we're trying to be more fair. >> right, that's the argument. but what i would say is that's not the president's decision to make. that's a congressional judgment about what the appropriate punishment is for a crime. if you have an individual circumstance that presents unfairness, well, that individual case might be a proper case where the pardon power is responsibly exercised. but the pardon power is supposed

to be exercised on a retail basis, not whole sale basis. >> they change the law since a lot of these folks went to prison to eliminate the mandatory minimums. they say look, if somebody comments the very same crime today than ten years ago, they will get a light sentence so why don't we go back and let the first guy out early? >> two things. number one, that isn't how it works. in other words, when there is a change in the law you don't go back and say we got to free everyone convicted under a prior version of the law and the second point, if congress created the problem by imposing penalties for drug offenders, congress can fix the problem, amend the guidelines, these are determinations for congress to make or judges to make, not for the president to make unilate l unilaterally. >> the thing about these laws that are striking is when they lowered the minimums, there was a question about whether that should be made retroactive.

whether they should be giving these other folks who had been convicted under hasher laws a get out of jail early card and so far that has not passed, tom. >> right. well, i think that's all the more reason why it was inappropriate for the president to do what he's done. that's to say if this was something congress carefully considered and declined to enact, what the president is doing is a plain circumvention of the process. in other words, what he could not advance through the democratic process shs he's trying to accomplish. that's just not right. >> if we set this president now and i mean, what is going to happen, 200,000 plus criminals are going to get out of jail. how assured should people be they will be carefully screened and not letting out the wrong people? >> today they leased the criteria that the justice department is going to use in determining who gets the early release.

it wasn't reassuring. one of the criteria said if you have significant ties to gangs or organized crime you're not eligible. but that of course, begs the question who what is a significant tie and seems to me they are basically saying, well, as long as you have ties to gang members or organized crime, that's fine. if you just see them on weekends, fine, we don't care but seems like we could aim higher. in other words, if you have any ties, you're not eligible. >> who is making these decisions? we had a court process. a prosecutor, defense attorney, they had legal representation and a jury found them guilty or they pleaded guilty and a judge imposed the sentence. who now is going to impose the new sentence which is basically erasing what the judge did. who? >> that's right. so not only is the president essential lly circumvending the process and judges and witnesses and those who devoted time to go

into court and testify and spent the case, lawfully adjudicating and the president with a stroke of the pen saying because i personally find the sentencing laws unfair i'll over ride it. >> i said it, you'll hear a different tune from some of the folks supporting this if we get a republican president in there and he or she decides to do this with the people who harassed women going in for abortions at planned parent hoods because the prolife president says i don't think it's fair they got such a harsh sentence. good to see you tom. >> likewise, thank you. investigatiors were excited about a piece of metal that washed up today but they are saying it's not from the plane.

william has details. >> we're back, megyn at square one. no plane, new debris, no clue. earlier today as you said, officials said they obtained an object of interest, a large rectangular piece of sheet metal with river visits attached that washed up on a beach south of perth. it contains roughly 3 million riv rivvets. so now the transportation board said the more they look at the debris, the less excited they were. they said the object did not come from the plane. plane is aluminaluminum, not sh metal. that's not the only bad news. bad weather, rough seas grounded the air search. blue fin 21 turned up no leads.

the drone canvassed many of the areas. they heard pings, now nothing, they are looking for more help in going down deeper, more powerful sonar, that kind of thing, megyn, no clues, no physical evidence. >> thank you. it's being called one of the most comprehensive gun reform bills in the country where gun owners take the second amendment rights almost anywhere, coming up. a marine explains why he's fighting obamacare. a "kelly file" exclusive coming up. >> i did two tours in iraq. because of my service, i got a health care plan that worked for me. so i get a letter from my insurance company saying my cost ♪ [ banker ] sydney needed some financial guidance so she could take her dream to the next level. so we talked about her options. her valuable assets were staying.

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urging people to tell their senator she's wrong about obamacare. listen. >> i've been through two wars in iraq. i was able to get a plan that worked for me. i get a letter that says my costs goring up because of obamacare. and by the way, you should be happy about it. >> a marine featured in that ad thank you for being with us. so you're not happy with obamacare you say your costs have gone up. prior to oeb wrauma care what with you you paying? >> prior, $126 and some change. >> now what are you pay something >> almost $300. >> is the coverage better?

they keep telling us it's going to be better. >> you get more things but paying for things you don't need. >> how is it not better? you lost coverage? >> i haven't. but there are things we're paying for that i can't possibly use >> so it's a matter of costs? increasing premiums? >> correct. >> if mary landrew said louisianains know better than to believe you. she pins it on the kokh brothers. louisianains know better than to believe what they hear from the out of state billionaire kokh brothers and says it does not affect tri care or va health care services. she's calling into question your plan? >> i'm glad you bring that up. we're not saying my benefits

were lessened i don't qualify for tri care or va benefits. so that is not an issue the issue that i had a plan i likeed and i could afford. it was cancelled because of obamacare now, i have to pay more >> what do you make of her calling into question louisianains no better than to believe? oof i think the people of louisiana can make their minds up i don't think they need to be told what to think. and using common sense, they can make that stigs themselves. >> i thought it's important to get a story, you know? of a real person. you know? we see stories about people that have maybe preexisting sicknesses and how they're affected but i never saw

anything about a normal person. a normal working class guy like myself i had an opportunity, when the opportunity came i was like, man, i need to do this and get my story out there so people can like, i need to do this. i need to get my story out there so people can see real people are effected. >> do you think the president lied to you? >> i think so. >> it's tough. you're in the marines and he's your commander in chief and you feel that way. >> yeah. >> chris, thank you for your service. >> thank you. >> thanks for being here. a face-off between a sheriff's deputy and soldier getting national attention now. >> put the phone down. for my safety, put the phone down. >> i'm recording this -- >> put the phone down. >> so now you're snatching my phone from me? we innovate. they're who we protect. we innovate. they're why we make life less complicated. it's about people.

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well, there is a video getting a lot of attention showing a u.s. marine veteran being detained during an encounter with police. the officer says the marine was being aggressive, but the marine says it was the deputy that was out of line. >> the deputy showed up to cover a dog-related dispute between him and his neighbor. the deputy claims he was being aggressive and angry and we're going to let you decide. first, she asked him for id. he gave her his veteran affairs card, but that wasn't good enough. listen. >> okay. so why isn't this good enough for you? >> i don't want that. i'm not taking it. >> okay. even though it's a government-issued id, correct? why not, though? >> i'm done. i'm telling you i'm done and if you continue to act up. >> ma'am, you raising your isn't going to do anything.

>> the deputy didn't like the fact he was taping her with the cell phone and that led to this back and forth. watch. >> i'm recording this for my safety. >> put the phone down. >> what's the phone -- >> jane, record this. >> put the phone down. >> can i give it to my wife? >> no, no, no. >> so now you're snatching my phone. >> she took his phone and he asked his son to begin recording with his cell phone. the deputy didn't like that, either. listen again. >> stay in the house. >> yes, ma'am. >> get in the house now. get in the house. >> now you snatched my phone. >> yes. >> finally, his wife began taping with her cell phone. he was put in the back of the patrol car and another deputy showed up and freed him. the sheriff's department says, megyn, that deputy acted properly because she felt like she was threatened. >> oh, boy. thank you, trace. we'll be right back, but first,

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wow, so that's our camera operator moving in.

he's doing the reverse walk that i did on election day. he's walking in. we just want to take you back. thanks for watching, everybody. we'll have more theatrics tomorrow night. follow me and let me know what you think. maybe i'll tweet you back. welcome to "hannity." tonight, we're exposing how your government has gone absolutely wild. let me explain. we've been covering the story about cliven bundy and how armed federal agents and snipers began impounding his cattle all because they were grazing on public land and eating public grass. last night on this program, we also introduced you to a couple who lost their dream cabin in colorado because the government decided they wanted their land. why did they want their land?