and town, name and town, don't be pettish when writing to the fact. thanks for watching us tonight. i'm bill o'reilly, remember, the spin stops here, we're definitely looking out for you. i'm megyn kelly in new york with big news over secretary kerry and controversial remarks over israel. senator ted cruise is here, plus. five days after the scandal broke, president obama now weighs in on the vets dying waiting to see a doctor. >> as commander in chief, what will you do to fix it. >> the head of the veterans administration ways in. revelations on the controversial comments getting attention around the world. >> in your lousy [ bleep ] instagram, you don't have to

have yourself walking with black people. >> see what we found in this man's past. bernie goldberg is here. the push by the left to change reactions. judge napolitano reacts in the "kelly file". the commander in chief for the first time acknowledges gross misconduct in a veterans hospital that led to the death of dozens of u.s. veterans. welcome to the kelly file, i'm megyn kelly. president obama making the statement ten days after a congressman charged that a phoenix va hospital covered up delays in care for more than 1406 veterans resulting in 40 deaths. we cover it here with the whistle blower about five days ago. hours ago, fox news' ed henry asked president obama specifically to weigh in during a news conference in the

philippines where the president is traveling. >> back home we've learned 40 military veterans died waiting for health care. i know you don't run the phoenix office but it's commander in chief, what specifically will you pledge to fix that? >> the moment i heard about the allegations around these 40 individuals who had died in phoenix, i immediately ordered the secretary of veterans affair, the general to investigate. we also have an ig investigation taking place, and so we take the allegations very seriously. >> that came as we learned new details of similar cases at at least four locations across the country, four vas. veterans dying while waiting for care. joining us now in the "kelly file" exclusive, the man that knows the responsibilities of running the va health care system, the largest in the

world. he was secretary fairs from 2001 to 2005 and he's the vice chair for the wounded warriors project. thank you for being here. >> thank you. >> how bad is this? >> if the allegations are proven to be true, and we hope they are not, it is possibly criminal. >> why do you say criminal? our viewers should know you have a legal background, as well. >> if computer files were manipulated that caused the death of veterans, that clearly is morally reprehensible. >> the viewers that watch us, know we are talking about at least one facility, the phoenix va, sheron heldman, would diminish the wait time.

the whistle blower said in fact, they are waiting between six weeks and 20 weeks and when you can get the appointment do they put them on out official books to say hey, we got them in within two weeks when secretly they have been languishing to five, six months waiting for appointment resulting the whistle blower and others allege. not just this one guy, doctor, up to 40 veterans dying while they waited for care. the veterans administration has had a reputation at times of not being the most pristine and top of the top medical center for these vets, mr. secretary. is that in your experience true, and do you think there is a diminishing level of care since you left? >> i don't think it's true. i think historically, the va has provided high quality care. i think the vast majority of va employees are dedicated and want to do right by the men and women who come to them for care. you know, they see their uncle, fathers, and grandfathers and

we're affiliated with the major medical schools. i think what we have here is a failure of leadership within the veteran's health administration, if that fact, these allegations are true and we don't know that until the inspector general issues the report. but it needs to be done. people need to be held accountable if the allegations are true. >> when you say a failure of leadership, what do you mean? as someone that ran the va, how? >> you know, it's incomprehensible to me that if these files were muni na nimani, if they didn't know about it, they need to be held accountable for that. the secretary cannot know on a day to day basis everything that's going on in the largest health care system in the world, but he has to entrust his leadership to do that and report to him when either resources are not available or people are not following regulations.

that's where the failure comes in and people have to be held accountable or the system will be undermined and the quoality f care will suffer. >> there is not just one doctor coming out and alleging this. he's come out publicly but there are top executives saying so and produced e-mails between this administrator ms. heldmman and others and they say what you're doing is not right and you know we have another system that we keep them off the books to get them in within two weeks. there are family accounts of men dying, dying because they could not get in. now we are talking about potential criminal allegations. if this proves true, what, you talk about accountability. are you talking about shenseki, as high as him? >> every secretary should be held accountable as i should be held accountable for problems

that arousal during my tenure, but i think that the secretary has to that i can that besideci action to hold his senior leaders responsible. when i was secretary and came on board in 2001, i had a major similar type of situation at our atlanta office. it didn't involve patient death but the embezzlement of tens of millions of dollars of taxpayer money. as soon as i found that out, i relieved the director and assistant director and told them to step down until the investigation was completed. the deputy secretary of benefits and told the inspector general to do a comprehensive investigation as much as the regional office. >> we need answers. >> and get the answer and find out what is wrong. >> last question because i need to go, how long should this iq investigation take at the most? we need answers because vets may be dying. >> quickly and the inspector general calls the shots.

they are a good office, independent and can be trusted to make the right decisions and advice the secretary. that needs to be done right away. in the interim, new leadership needs to take place. >> all the best to you, sir. >> thank you. also breaking tonight, new warnings for the millions of americans in the path of serious weather. after a powerful and deadly storm of twisters like this one, sweep across the south and midwest killing at least 18 people. this video from the storm chaser in mississippi where there were reports earlier of a direct hit from the town of tupelo. joe is the chief meteorologist. jackson mississippi, a southern suburb of richland, i believe, it is had a strong tornado hit.

seven warnings around 9:00 with this line coming eastward and the blunt heading into alabama, tuscaloosa and birmingham probably in line after 10:00, 11:00 their time. this line will fall apart late tonight and early tomorrow morning, but because of the very warm humid air in front of it, it's liable to last into the night and nighttime severe weather is a very, very tough situation to deal with, megyn, and folks should be aware to atlanta, georgia and all the way down to the alabama, georgia boarder. >> joe, thank you. a majority of the storm deaths came in arkansas where the town of conway was particularly hard hit. we reports of residents literally climbing out of shelters and seeing what happened as the storm chasers rolled into town. watch this.

casey siegal is surveying the damage, about ten miles down the road from conway. casey? >> reporter: yeah, megyn, i get goose bumps when i hear the tornado sirens and chaos because once you walk around and see the damage, you can put yourself in these people's shoes. the national weather forecasters say the winds were about 130 to 135 miles an hour last night. how strong is that? look at this. it's strong enough to twist this metal like it's silly puddy around this pole. where are a lot of people on sunday evening? church. i want to show you what is left of the lifeline church here in arkansas, mayflower. not much. the tornado is moving in this direction and pushed eastward and pushed this wall over.

megyn, right back here is what is left at the sanctuary. you can see that it is scattered with debris, twisted metal. back there the gray on the walls, that is where the pulpet was. this bible study had just been going on at about -- >> yeah, and you can see that so often when we're covering breaking news events, especially in hard-hit areas we run into technical difficultiedifficulti. we'll try to reconnect with casey. you get a feel of the devastation unleashed and the report moments before casey alerting folks to where the danger may be yet to hit. stay with us for on going coverage for that. in the meantime, breaking news that happened moments ago involving secretary of state john kerry and controversial remarks he made about israel. wait until you hear what he has just come out with in the wake of demands for his resignation. we'll speak to senator ted cruz

what who is one of those demanding that the secretary of state resign. breaking tonight, the naacp says it is willing to forgive la clipper's owner donald sterling for an alleged racist rant caught on tape. this is hbo real sports reporter and fox news media analyst bernie goldberg joins us live with an interesting take on this top pi topic coming up. >> you don't have to have yourself with, walking with black people. honestly, i'm pouring everything i have into this place. that's why i got a new windows 2 in 1. it has exactly what i need for half of what i thought i'd pay. and i don't need to be online for it to work. it runs office, so i can do schedules and budgets and even menu changes. but it's fun, too -- with touch, and tons of great apps for stuff like music, 'cause a good playlist is good for business. i need the boss's signature for this. i'm the boss. ♪ honestly

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sleep number store. know better sleep with sleep number. breaking tonight, secretary of state john kerry moments ago attempting to walk back on comments about israel. he said he should have used different language. it was made during a closed-door meeting and first reported by "the daily beast" last night. >> a state winds up either being . >> lawmakers on both sides of

the isle have condemned secretary's remarks. my next guest said he should resign. texas senator ted cruz, the secretary you heard has attempted to walk those back and i'll let the viewers know what he said in part. he says i will not allow my commitment in israel to be questioned by anyone so i want to be crystal clear what i believe and i do not believe israel is a dodemocracy and is apartheid state or intends to become one and goes on to talk about the power of words to create a misimpression and if he could rewind the tape, he described the firm belief about a jewish state and the two-state solution. your thoughts? >> well, megyn, it is good to be with you. these comments were extraordinary troubling and the

fact secretary kerry delivered them on the eve of holocaust remembrance day is more unacreble. five years of the obama administration, embodying the most houstile relationship the united states had to israel in modern times, whether demanding they go to the 1967 boarders or president obama agreeing with the president of france that benjamin ncouldn't be trusted, was a liar, or john kerry who a few months ago legit miezed the threats. apartheid is a war weighted with history. >> i want to ask you about that, many viewers have a general

sense but no idea why it is so university condemned. >> right. >> so the viewers know, this is from barbara boxer, california senator barbara boxer said to make that comparison is nonsensical and ridiculous. democrat said how disappointed he was with secretary of state, mark ocho rubio, this is outrageous and disappointing. we have republicans and democrats seemingly outraged, never mind the anti defamation league and others that said this is crazy for him to say that explain. >> the word aapartheid is with the regime of south africa where black south africans were discriminated against the and world united against south africa. we saw the heroic battle of nelson mandela the and evil that was apartheid. for the united states secretary

of state to anhave the analogy, israel is the loan jewish nation of the world. it's a really of the united stas and would drive it into the sea. israel sought peace -- >> but he thinks you're playing politics. he thinks you and others are playing politics and saying he's not going to allow anybody to question his commitment to israel. >> you know, talk is cheap and actions matter a lot more. right now, this secretary of state is negotiating a deal with the nation of iran that prime minister is a historically bad deal, a historic mistake that i fear is going to allow iran to acquire nuclear weapons to use against israel. you can be certain the words of john kerry will be repeated throughout the world, will be

repeated in europe, will be repeated by the nation of iran and they will say this isn't us saying it's apartheid. this is the u.s. secretary of state. word haves meaning and this language undermines a critical ally of it, and undermines u.s. national security interests. megyn, the reason when john kerry was nominate that i voted against his confirmation is my concern was that he would put his view of the international community above u.s. national security interests and i'm sad to say this comment follows a pattern of doing just that. >> senator cruz, thanks for being with us. we're seeing new legal questions over a push by the left to change how we hold our presidential elections in this country. judge napolitano takes that next. a major rewrite of the immigration laws, a film maker has a series what is behind a

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a u.s. congress man arrested on a laundry list of fraud charges. michael grim pleading not guilty after turning himself in. he's charge in schemes to under report wages or workers at a manhattan restaurant. some were here illegally and accused of concealing more than

$1 million. congressman grim says the charges are bogus. >> this political witch hunt was to assassinate my character and remove me from office. today i get to face the accusers. >> he was released on $400,000 bail. about a week ago, we alerted you to a growing effort to a change how we elect the president of the united states by doing away with the popular vote. if we do that, we would have a president gore, we would have instead of a president bush. supporters are more than half way. they are 61% there. we are hearing new questions whether this is constitutional. judge andrew napolitano is here with us. he's the senior judicial analyst. so quietly, slowly, but surely. >> right. >> those on the left have been going state by state and getting states to pass a pledge to

basically pledge. it's like voted on but everybody. the governors are saying, i do. andrew said sign us up here in new york. the pledge is, if you run for president, if you run for president, as many want the judge to do. >> let's not get carried away. >> if you were to win new york state, you would get all of new york state's electoral votes. you would only get new york state's elect tror -- electoral vote ifs you won the popular. >> it's more than a pledge. it's legislation. it's the law of the land in new york and new jersey and many other states. this never happened before. >> so it's passed by legislative bodies. >> here is the problem, when we have the famous case of bush versus gore and put a stop to recount after recount in florida. the supreme court issued an opinion that said the state legislature decides how the electoral votes get counted.

they could decide instead of a popular vote, election in new york. we the legislature will decide who get s new york's electoral votes. they could look -- >> like the national popular vote. >> right, that's going to determine -- >> it's happening. they have 165 electoral votes who have signed on to do this in 11 states -- >> 270 wins the presidency. >> so it's 6 1% there, four more states have pending propels. >> here is the constitutional problem. the whole purpose of the electoral vote was to give each state a significant say in who gets elected president. the whole purpose of the electoral vote was to allow some event within the state the popular vote of voters or the decision of the state legislature to decide how that state's electoral votes go, the national popular vote decide this is to destroy state

sovereignty. the kicker is, the courts are not going to look at this unless and until somebody loses the presidency and challenges the loss. only then, lawyers would say is ripe enough. >> they say they are on track to have this a done deal by the 2020 -- >> i don't think they will get enough state legislatures to do it. i know state legislatures -- >> they are making progress even in red states like oklahoma and nebraska. not just the blue states. why would the red states want to do this? >> that's a head scratcher. the conservative states are kissing away the last vesting of state sovereignty if they do that. i'm shocked if oklahoma would go for it. >> the problems is it will lead to presidential candidates paying all their attention to big cities that will be an urban election of the president. >> right, it will be a de facto

popular vote for president. >> you just need to get to the most people as possible, la in, san francisco, new york city. >> here is the other kicker, unless congress goes along, any state can withdraw and change its mind. >> so we have no certainty? >> correct. that will frustrate the left. >> very interesting. good to see you, judge. >> good to see you. >> a viral video after people weigh in on the dad who decided his son was going to take on a scary skateboard challenge whether that boy liked it or not. the fallout. plus revolutions on the controversial comments. bernie goldberg is here with an interesting take as we dig deeper into this controversy, next. >> if you don't want, don't come to my games. don't bring black people. don't come. >> do you know that you have a whole team that's black that plays for you? peace of mind is important when you're running a successful business.

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. god teaches us to forgive and, and the way i look at it, after proof to the african american community that that doesn't really reflect his heart, i think there is room for forgiveness. >> hours ago the naacp says it is willing to work with la clipper's owner donald sterling. the tape was leaked to tmz on friday and reportedly of sterling and his 31-year-old ex-girlfriend, he's 80. she says the billionaire was upset after she posted this photo on instagram with basketball legend magic johnson. listen to some of what she says happened next. >> people call you and tell you i have black people on my instra gram and it bothers you.

>> yeah, it bothers me a lot that you want to broadcast that you're associating with black people. do you have to? in your whole life, every day you could be with them. every single day of your life -- >> but not in public? >> why publicize it on the instagram and why bring them to my games? you can do whatever you want, sleep with them, bring them in, do whatever you want. the little i ask you is to not promote it and not to bring them to my games. i'm just saying you're allowed to [ bleep ] instagrams, you don't have to have yourself walking with black people. >> i admire magic johnson. he made a lot of changes for the community, the world, the minorities. >> why are you forcing this down my throat? i'm finished talking to you.

i'm just saying that it's too bade you can't admire him. during your entire [ bleep ] life. your whole life. don't bring him to my games. >> jim is a fox news analyst and contributor. we begin with him. is there any doubt that's the owner of the clippers? the tapes have not been aught then kated? >> i've heard donald sterling speak, i've heard him recorded, there is no question in my mind that's donald sterling. 100%. >> is there some reason we should question the ex-girlfriend who has reportedly released these tapes? why would she be recording him? >> well, she was sued by donald sterling's estranged wife because donald sterling gave her

$1.8 in gifts and she wants it back. she said she would get him. that's the clipper's version and got him by taping this conversation and having it released somehow. >> and yet, i don't hear anybody questioning the authenticness of the tape. i heard saying mr. sterling is emphatic what is consistent with and who he is, what he believes in and lived his life. >> that's garbage and spin control. he said these things. the only thing that can't be verified, which the nba is verifying is whether the tapes are altered or edited. >> do you think there is anyway he's going to retain his ownership of the team? it's private ownership. can they somehow make him lose the team? >> they can oyster size him.

i believe the commissioner will suspend him and not permit him to come to the arena. i believe he'll be fined the maximum of $1 million. he's been reluctant to sale anything ever. he's the largest land owner in beverly hills of apartment buildings. he's had sexual assault suits. there were 13 sponsors that bailed out today on him and the clippers. there will not be a single player to come and play for the clippers if donald sterling or the sterling family remains in possession of the team. >> thank you. >> good to be with you. joining us now, bernie goldberg, a fox news media analyst. have you ever seen such universal condemnation so

swiftly? >> right, and i think this one facet of this story, megyn, isn't getting the attention it deserves and that is the good news, the good news about racism in america. and what i mean by that is this, first let's get out of the way that donald sterling is an old fool and an old fool to be more precise. look at the reaction. the universal condemnation, blacks are against it, whites are against it, latinos, ashens, gay, straights, everybody is against it. he's not proof as some would have us believe, he's not proof that racism is alive and well in america. he is proof of precisely the opposite. that racism is on its last leg. the american people have turned donald sterling into an out cast, look, are there some racist in a country, working in the sthhadows, yes, that's also good news because they are lurking in the shadows.

not too long ago, not 100 years ago in this country. they said what they said in the open and certainly didn't apologize if they heard anybody's feelings. donald sterling is a biggit. there is part of the story we should celebrate, the american people and how they reacted. >> is anybody doing that? do you think people are out there saying oh, it's an older white guy who made racist remarks, therefore he is proof that older white guys had these feelings or that a large segment of the american population has these feelings? >> yeah, well, a couple points, one, he's 80 years old. when the civil rights act was passed in 1964 he was 30 years old. he may be an old guy now but he was 30 when america changed. he should know better.

if the idea is that there are lots of people out there talking like this, let me say this, if you can be a pro athlete and have 15 kids by 15 different women in 15 different cities and the american people don't make a big deal out of that, you can beat up your girlfriend if you're a pro athlete and it's not that big a deal. you can as happened in this very town not far from where i'm sitting now, you can be a pro football player that gets drunk and at 5:00 in the morning gets in his car and kills an innocent man going to working get suspended but taken back. what happens here? because of his stupid, ugly, nasty, racist he is finished. >> private words. >> that's all you need to know about how seriously we're taking this. >> i point out they are private because he didn't say them in a public platform and ascribe to the believes publicly as so many

controversial things happened publicly on other front. no excuse but a dis tintinction. he has yet to comment on it, bernie. do you think there is a chance he'll come out and try to save himself? >> you know what? there are certain things that there is no getting away from. there is no saving yourself from. and this is one of those things. now he may say i'm not a biggit. i've given money to the naacp and they have made me their life -- they gave me their life type time achievement word. there is no escaping. they are on tape, you can't say he was taken out of context. >> you look back at the history, he had losses -- as a lawyer, i'll say, lawsuit getting filed doesn't mean much but he settled

for $3 million to settle discrimination allegations and other losses, one that failed i should say, a discrimination lawsuit. >> can i say one thing very, very briefly? very briefly? one last piece of evidence to show you how seriously the american people take this, this is the only thing that's gotten cnn to take off their never ending story about the missing malaysian jetliner. i mean, i mean, that's how you know this is pretty big, right? >> he's done the impossible. >> that's right. >> well, so, he didn't find the plane but a a way of getting some folks off that story. bernie, great to see you. >> thanks, megyn. >> we'll continue to follow this. the nba will make a statement tomorrow about 2:00 a.m. what do you think about what he said and whether he should be forceed to sale the team and bernie's comments. follow me on twitter at hmegyn

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when you hear the name america, what are some words that come to your mind? >> european expansion, conquest, conlonization, genocide. >> the captain unless it's constrained in some fashion is destructive. >> more destructive than centralized power? >> in a country like ours, more destructive. >> that was a clip from the new trailer for the film "america." the film maker takes on the moral under pinning of the progressive movement, that the wealth of america is the product of theft. dinesh dsouza joins me now.

>> i think with obama and the progressives, you've seen a massive expansion of big government and all based on a moral premise. the moral premise is that wealth is theft. i don't just mean wealth of ameri america, your wealth, my wealth, historically and in the present, people have been stealing to get what they get. historically, the argue ament is we stole the country from the indians. america stole the labor of african americans, america took half of mexico by force in the mexico war. american foreign policy based on theft. why? because look, america is very active in the middle east. why? the middle east has oil. notice that america doesn't get involved in haiti or row wanda because they don't have oil. >> do you have a different spin why these events took place? >> the final one is capitol list

m. when obama said you didn't build that, he was arguing society collectively creates wealth and greedy entrepreneurs rush in and steal it. this is a central challenge, if you will, that we take on in this film america. we examine the allegations and repeat them one by one. >> take what happened with the ameri america kindians. >> it appears to be obvious, right? we certainly did take the country from the indians, right. what is going on here, as i would call it, morality. the progressives take a few nuggets of american history. columbus' arrival, then the pounder's compromise with slavery and what they do is fast forward to the favorite episode, so to speak and create a story

leaving a whole bunch of facts out. what we do in the film is bring to light the hidden history and we say to people, wait a minute, we're -- once you put the full picture into place, you get a very different understanding of the overall -- >> that is by design, that they do that in order to basically guilt people into thinking -- and shame them about success and wealth and then to justify policies that tap into that wealth. >> exactly. the people who had wealth and the people who earn money will be reluctant to part with it if they earned it fair and square. what has to happen is there has to be a drumming in of a critique that causes shame, a sense that look, my country and i am in possession of stolen goods you might say and the government becomes the instrument to get some back. >> the film is acalled america coming out in july. very interesting. it's a big idea, big picture discussion of some of these arguments. dinesh, good to see you. >> pleasure.

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>> tonight, a "kelly file" investigation showing a father sending his six-year-old sailing down a skateboard ramp. trace gallagher has more. >> the kid is apparently a skateboard known. it's a a 15-foot ramp. dino was reluctant to go down big brown so his dad did this.

listen to the boy. >> all over my mouth and drank the rest of it. >> well, the father is marcus crossland but the man that runs the skate park said the dad was caught up in the moment and remorseble. the mother of the skater that took this video doesn't want to be identified but says there is no being caught up in the moment. this dad is a repeat offender. listen to her. >> the reason my son filmed it is because the father had done it three times prior to that. i was disturbed and tried to decide what to do. >> now the 13-year-old who posted the video on instagram says he confronted the dad asking why he did it and the dad asked him if he thought he could raise the son better than he could. that's what the department of children and families wants to know and i'm quoting, we are

very concerned about this video. it is very disturbing. we want to know more about the child's living situation or if there have been any other incidents or concerned. the boy was not injured. the dad is banned from that skate park, megyn, and dino the dine so you weosaosauosaur is w time he wants. >> and i bet if you had a video 30 years ago, you would see that guy ease dad doing it, too. >> a lot of us had parents push us off on the bike but not a 30-foot incline. follow he me on twitter at megyn kelly. we'll be right back. and you're talking to your rheumatologist about a biologic... this is humira. this is humira helping to relieve my pain. this is humira helping me lay the groundwork. this is humira helping to protect my joints from further damage. doctors have been prescribing humira for ten years.

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so our viewers are very unhappy with that father. let us know what you think on facebook.com/the kelly file. see you tomorrow. welcome to "hannity." tonight, we have a jam-packed edition for the show. america, are you ready? let's roll. >> i'm just saying you're lousy [ bleep ] into gram. >> alarming video of a racist rant rocks the world of sports. >> there is no place in our society for it. there is no place in our league. we all get along. we play with different races of people. >> we'll have the latest on the scandal surrounding the owner of