sign up to be a 365 member and follow me on twitter at ingrahma angle. the "kelly file" is up next. please remember, t stops right here because we're always looking out for you. i'm megyn kelly live in new york and tonight, breaking on benghazi, democrats pushing reports tonight that they may boycott the new search for the truth while the likely star witness speaks out just hours ago. >> i do not believe there is any reason for it to continue in this way. >> chairman trey and lindsey gram are here. plus, we'll take live with the dad getting national attention for trying to protect his 14-year-old daughter from what he called a pornographic homework assignment. and then. >> if monica lewinsky said you had phone sex with her, would

she be lying? >> new fallout on monica lewinsky and how the clintons had a hand on this. breaking tonight on benghazi, a possible star witness speaks out and democrats drop hints they may not cooperate at all with this. as congress stands on the verge of making history with its first select committee in years. welcome to the "kelly file" everyone, i'm megyn kelly. a key committee wrapped up work and a full house stands ready to vote on a high-powered search on how administration handled the benghazi terror attack and what happened in the days leading up to it. they may not play ball at all, we're hearing hillary clinton will likely be called to testify, she spoke to abc news just a short time ago. >> benghazi, the new investigation, are you satisfied with the answer as and are you

content with what you know what happened? >> absolutely. i mean, of course, there are a lot of reasons why despite all of the hearings, all of the information that's been provided, some choose not to be satisfied and choose to continue to move forward. that's their choice, and i do not believe there is any reason for it to continue in this way, but they get to call the shots in the congress. >> joining us tonight, lindsey gram and south carolina congressman trey gouty chairman of the select on benghazi and we've heard he has gotten death threats since the announcement. thank you for being with us. i know that's a sensitive matter. i assume you're being protected but the unfortunate nature of where this investigation has already gone. >> megyn, first of all, thank

you for saying that. i was a prosecutor for 16 years. this is not my first death threat. i'm always happy when it doesn't come from my wife, and this did not. i'm going to be fine and it's not going to keep me from doing my job. >> good man. let's talk about clinic clhilla clinton, she said people like you are not choosing to be satisfied, that's your choice, and the rest of us have to live with that. >> you can add to that the four family members of murder aid mer cans and i would ask secretary clinton with all due respect, can you explain why we were in benghazi after everyone else pulled out and the british ambassador was almost assassinated and our compound was attacked twice there are three separate categories of questions, each with subunits that have not been answered. i realize it's been 20 months, but time is no barometer. my daughter took latin for three

years and can't speak it. time doesn't mean something is thorough. when we get through with the select committee, the questions will be answered for the family members and ms. clinton will have another chance to talk to us. >> i know you said you intend to sup s subpoena her, i hear that from my viewers often when we look back on the hearings, what would be different this time? >> well, what will be different is i'm not necessarily committing to haerg. i'm committing to the getting the answers and may be in the form of a deposition, which, as you know, megyn, as a very good attorney, which you once were, that is the route that is most conducive with eliciting the truth. it's not five minutes of pounding your chest in a committee room. it's a deposition. >> can she get out of that? >> well, if she can get out of a subpoena, she can get out of it.

i don't send invitations to cocktail parties. we'll send subpoenas that and expect her to compile and if you don't, she'll suffer the same consequences that any of your viewers who don't compile with a subpoena would suffer. >> a real and equal voice and whether they participate or not at all, they may choose to make it look like a republican witch hunt. right now it would be seven republicans, five democrats, she says they want equal subpoena power and equal voice and want it to be 50/50. will you grant that? >> no, ma'am. as the president says, elections have consequences and the consequences of the last u.s. house race is we're in the majority and when she was in the majority and had a chance to constitute a select committee, she certainly did not constitute it equally nor any of the senate committees equally constituted. i'm sure if i were not minority,

i would be asking for what she's asking for. she's not going to get it. i hope that she will put five members of her conference on the committee. there are very bright minds on the other side of the isle and our goal is to get at the truth and they can help us and i hope they will come. >> trey gouty, thank you for being here, sir. >> thank you. another lingering question, will we ever get to see the e-mail with top white house staffers discussing the media strategy concerning a fox news report in the days after benghazi. apparently the obama administration thinks this is a sensitive material and would have a cliling effect on the deliberations. sir, thank you for being here tonight. this is a fox news memo, seven-page e-mail chain in reference to a fox news report on september 27th, 2012 thanks reported that the intel

community knew within 24 hours that benghazi was a terror attack. this apparently caused major waves at the white house and won't share with the public their discussions. why should they? >> well, i think it's relevant to the investigation, but they will have a chance to go to court and say this document should not be disclosed and will leave it up to a judge. richard nixon tried that. he used executive privilege. i don't think it will have a cliling effect. i think it will turn up the heat to spin the story away from a terrorist attack six weeks into an election by protests by video they had nothing to do with. this is what i would like to see. i would like leon and hillary clinton to testify at the same time and know why the secretary of defense knew about security requests being made to add security to benghazi and the secretary of state not. this facility had been attacked twice in april and june. we were the last western symbol

in benghazi. people, it was a death trap. so there is so much yet to be learned and in terms of secretary clinton's role in this, why was susan rice chosen to talk about benghazi when she had absolutely no responsibility -- >> hillary clinton said before i don't like to do the sunday shows. she wanted susan rice -- >> well, then don't become president of the united states. don't ask to be president of the united states if you don't like going on national television to talk about four dead americans killed by terrorist. don't run for office. >> what about there will be no select committee, no corporation, that that's a house only thing? >> well, we've had one committee in the senate this year report about benghazi, the intel committee did a good job but said they didn't have jurisdiction over the state department officials and thought the attack could have been prevented. looking at the department of defense, department of state.

here is my advice to my democratic friends. if you're seen as trying to cover up getting to the truth of benghazi and you think that everything that has been known and this is just a witch hunt, you do so at your parol. so to senator reid. can you tell me why susan rice said on the 16th of september, the consulate was substantially secured when she was asked about the level of security, when nothing could be further from the truth? can you tell me why this e-mail was with held showing a coordinated effort to mold the testimony to get it away from a terrorist attack? i'll give senator reed a list of ten questions and maybe he can answer them because i can't. >> senator gram, thank you for being here. >> breaking news on the woman at the center of the irs scandal. that in minutes, plus. >> new reports that themexican

drug cartels are using american gangs for kidnapping, torture and worse. why is the doj reportedly not coming clean on what is going on? plus, the dad who says he was just defending his daughter from a school assigning porn to the students is here to explain how his free speech cost him his freedom. and did monica lewinsky start a fire storm with a new article in vanity fair? and the big question tonight, did the clintons know this was coming? >> if she said that you kissed ♪ [ female announcer ] there's a gap out there. ♪ that's keeping you apart from the healthcare you deserve. ♪ but if healthcare changes... ♪

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when everyone and everything works together, business just sings. if monica lewinsky says that while you were in the oval office you touched her breast, would she be lying? >> let me say something about this. >> all i need for you mr. president -- >> i know. >> the question is if monica lewinsky says if you were in the oval office area, you touched her breasts, would she be lying? >> that is not my recollection. my recollection is i did not have sexual relations with ms. lewinsky and i'm staying on my former statement about that. my statement is that i did not have sexual relations as defined

by that. >> oh my gosh, so devastating to watch that. it was president clinton back in 199 8 being deposed. the president said his peace, ms. lewinsky shared her story and a book and hbo documentary but now she is confessing again. this time to vanity fair and there are growing questions over the timing and motivations behind this piece. joining me now, editor and chief of the daily collar and co-host and friends. i mean, this is all coming up because not because of the news media, but because hillary clinton's friend, the papers were released after her death. >> right. >> in which hillary clinton called monica a narcissist looney tune, she doesn't like that. she's speaking out. we're back in 1998, tucker, talking about blue dresses and

berets. why are we doing that? >> that is absolutely the question. lynn cheney said she believes this is an orchestrated effort to get this issue out early. i have no evidence that's true. she said something interesting, would vanity fair run this if mrs. clinton didn't want them to? the editor of vanity fair, democratic politicians, i don't think she would. i don't know if this is coordinated or not but i don't think it would run if they didn't want it to. i don't think this is to rehash the scandal or re-examine whether the president should be i'm peached but monica made a point that is true, that is hillary clinton attacked the woman. she led, i was there for the whole thing, i covered every day of this, she led the effort to discred discredit monica lewinsky, an

unmarried woman had an affair with amired man. they said she's a stocker. she's crazy. it's her fault. she's a pig. she's crazy. that's not how feminists behave. it was weird seeing hillary clinton run at this champion of women and women rights when she lead the way to crush this girl and ruined her life. she's stuck in 1998. she can't go on the street without being hassled. she hasn't had a job. hillary clinton should care because she's a woman. >> there is that argument this doesn't hurt hillary clinton because of the things monica lewinsky, what she brings to mind for most of us in the first place, what happened with bill clinton and the fact she was suicidal and the clintons went after her and she recounts that talking about how abused after the sex scandal but then, interestingly, grover had an interesting theory on this

suggesting, this is a quote, this is the same trick he says the clintons pulled on us in '98. he says we didn't campaign. we were districted by this bright, shining object they handed out, which was monica lewinsky and this theory is this is very helpful to the clintons because to make a hilary run about anything regarding bill's sex scandal is to take away from benghazi and the democratic policies that the republicans were campaigning against and so on. >> it's possible they are pulling a game that sophisticated. the clintons know a lot about how to manage the press. they are good at it. they are smart. maybe that's what they are doing. republicans did lose five house seats, first time in 60 years that happened. maybe that's going on. i don't think this helps her. i don't think it helps hillary clinton whose appeal is rooted as a woman and defender of other women to remind the rest of us,

in this case she didn't defend another woman but ruined her life. >> why should she defend the woman her husband cheated on her with? >> but to go out of her way and attack her and say she were the aggressor and person responsi e responsible, she's crazy, that's over the line. >> let me ask you because you've been around the block, is it cruel, abuse or politics? >> well, it's all of those things, unfortunately. it is cruel. it is abuse and politics, and i may be the only person in america who feels sorry for monica lewinsky. i think every person matters. the fact her life was destroyed by this when the clintons made hundreds of millions of dollars. i think that's unjust. >> i feel like we haven't heard the last of this. looking at that deposition, that is like textbook deception, if you look at the body language and of course, that was proven later on. tucker, good to see you. >> thanks. big news on the irs scandal

a short time ago, the house voting to make louis learner answer questions or go to jail. jay christian adams is next on what to expect when the gavel falls. two senate candidates that served in the u.s. armed forces being attacked by opponents over their military service. they are here with reaction just ahead. >> i think that's part of this sense of entitlement that he gives off is that almost like i served my country, therefore, we asked people a question, how much money do you think you'll need when you retire? then we gave each person a ribbon to show how many years that amount might last. i was trying to, like, pull it a little further. [ woman ] got me to 70 years old. i'm ing have to rethink this thing. it's hard to imagin how much we'll need for a retirement that could last 3years or mor so maybe we need to approach things dferently, if we want to be ready for a longer retirement. ♪

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targeting conservative groups. she repeatedly refused to answer questions into irs for harassment and delay. now the house has voted to make her talk or send her to jail. jay christian adams is a former department of justice attorney and legal editor of "pg media." they voted to hold they are in contempt, but what does that mean? happens now? >> well, this situation actually has a federal law that applies, and under this law, the justice department, the united states attorney for the district of colombia is supposed to refer this to a federal grand jury to make a federal grand jury presentation on these facts, and seek an indictment. the law actually, megyn, says shall. it's not supposed to be optional. so if the justice department follows the law, lois lerner should be facing an indictment for contempt of congress.

>> so you begin the sentence with the word if, that's a big if. explain. >> well, of course, this is a justice deputy that does not seem to be big fans of the rule of law. we've seen eric holder, of course, be cited for contempt. lois lerner joined him today in the contempt club and guess what did not happen to holder? the u.s. attorney for the district of colombia conven conveniently convenient ignored -- >> if they find a reason not to pursue this, where does that leave lois and the rest of us? >> it leaves us exactly where we are now, without answers as to why the irs was abusing conservative organizations -- >> so wait, let me ask, if you were advising her, you were a talented lawyer, many awards

with the department of justice, would you say sit tight, you're good, keep collecting your retirement pay? >> yeah, and let us talk to the political appointees and tell them what an haufl caawful case and how hard it would be to convictim you. this justice deputy has a history of politics and my fear is that they will find plenty of reasons not to do anything about this case. >> are there political itch c e implications, it was democrats, too, not just republicans for the white house? >> absolutely. this will show as many incidents have, the naked political decisions of the justice deputy. the raw politics, which seem to govern decisions. there is lots of lawyers there, megyn, very bright and very good at finding reasons not to do things, reasons not to prosecute their friends, their

administration kroen kn administrati administration cronies. >> chris, good to see you. >> good to see you, megyn. we're getting new reports that the mexican cartels are using violent american gangs for kidnapping tour tour and worse and the doj is reportedly not coming clean on what is going on. dennis michael lynch is next. a new saga that decide add rapist was not all that guilty giving him a few weeks in jail and community service at a rape crisis center. judge alex is here. unbelievable. >> we'll speak with the dad handcuffed while trying to protect his 14-year-old daughter from what he called a pornographic homework assignment. assignment. don't miss this. aflac.

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i just watched my father get arrested because he broke the two-minute rule at a board education meeting. this just showed that you resort to force at the first turn of conflict, and i'm appalled. so i don't trust you. i haven't. and i honestly don't feel safe around you people. >> well, that is the 14-year-old daughter of new hampshire parent william bear. that ninth grader was addressing a school board meeting after watching her dad get arrested after speaking out against a book that he calls pornographic and trust us, it is explicit. joining me now william bear. we watched you get dragged out of the meeting. >> thank you, megyn. >> i went to the book, looked at the passage, there is no question it's extremely graphic and fit more for a 21-year-old than a 14-year-old. you decide to get up and make objections known. how did you wind up in cuffs?

>> basically, i exceeded their newly imposed two-minute rule on speech. that's effectively what happened. >> was it made clear you could only speak for two minutes, and how long did you go? >> no, no, it was crystal clear. it was made clear in the beginning. sue alan, i believe, is the chair of the school board and went through a very detailed discussion in the beginning of how it's standard policy -- basically, she said no questions, no answers, that the -- that is that the school board members and principal and superintendent would not respond to any questions -- >> how are you supposed to make your positions known if they only give you two minutes for a robust discussion of your objections? >> i don't know. i mean, it was obviously a problem for me. basically they knew, and i was very clear, i met with the principal prior to the meeting, and i made it very clear to him that my goal was to have

somebody in the room read the text. i figured if my daughter has to read it and discuss it publicly, than i think the school board made up of adults should have to do the same. why pressed the principal peter sower to read that, after talking about context and themes and after that i said set the context and discuss the themes and put the nuances there and read it at the meeting, read page 313 at the meeting, he said i don't feel comfortable reading it and of course, my response in private to him was, well then why should my daughter feel comfortable reading it when it's being required that the state of new hampshire and the school district of gilford is mandating she read the text? >> it's unbelievable. what is the resolution -- >> it is. >> are you going to face any punish punishment, and number two, is your daughter going to have to read the book? >> she's not going to have to

read the book. after this, it was clear they are backing away -- the real problem is there is no notice given. there is no notice from the school this book would be the assigned reading, just happened to have a friend came in, actually a couple days, the book was issued last monday and walked into the house after work on a wednesday and literally talked to my daughter, they know each other well. talked to my daughter about classes and what is going on. he said are you reading that book? she said yeah, take a look. he took the book and opened to page 313. people could speculate why it fell to that book, that was basically the assigned textbook and he read it. i was sitting at the computer in the other room, basically, doing what i was doing and i hear him, just these gasps -- >> no, it's jaw-dropping. i wonder if there was a prudish element. it's not appropriate --

>> prudish? i'm 50 and i'm no prude and never read anything like that in my life. it is graphic. it is violent. it is arguably an instance of date rape. >> it's talking about a sex act and and happens in detail. quickly, before question go, what is going to happen to you now? >> well, i'm being prosecuted, i guess. i was charged with disorderly conduct, and i have some concerns about that obviously and i'm leaving my options open. i feel like my family is violated. there is no notice given. now basically they changed every policy. they admit notice never went out, effective notice ever went out in the past, even though they turned over the documents when i asked for them. they said there are no documents and oops, we made another mistake and effectively, notice has not gone out in past years.

so there are some problems here -- >> we'll continue to follow it, mr. bear. we will continue to follow it -- >> excuse me? >> we'll follow the legal fight, if indeed they pursue the crazy charges against you. all the best to you. >> thank you very much. developing tonight, we are getting reports that one of the roughest mexican drug cartels is hiring one of the most ruthless gangs in america to kidnap and torture those who cross them inside the united states. trace gallagher has the details from the west coast burro, trace? >> megyn, as stunning as it is to find out the cartel set up a lucrative drug trade 1800 miles from the mexican boarder, the unique part is the cartel isn't using the own enforcers. it's hiring members of the ms-13 gang that originated here in los angeles and has tens of thousands of members who are in the u.s. illegally. in this case, police say three ms-13 gang members flew from

california to minnesota kidnapped two teenagers who the cartel believed had stolen 30 pounds of meth and $200,000. the teens were taken to a stash house, tied up and tortured for two days. the criminal complaint says they cut victim number two's left pinky finger with a pair of scissors, all participated in the holding of victim number two. victim number two passed out during that portion of the incident. the teens were eventually let go not not before the lives of their family members were threatened if they talk. because of witnesses, the fbi pounced arresting two of the three ms-13 suspects. they could lead the feds up the cartel food chain, but it could also lead to pay back. here is the dea. listen. >> someone is going to pay the piper that screwed this up. so clearly, there is going to be repercussions to that part of the organization. remember, that's the way they regulate themselves, through

violence. >> through violence, one of mexico's most brutal cartels in choots with one of america's most dangerous street gangs, megyn. >> that's chilling. thank you. the same reports say when the department of justice released what happened to the teens in minnesota, it left out any mention of the mexican cartel connection. in the ms-13 violent gang. dennis michael lynch is a film maker and producer of the film they come to america and also they come to america, too. dennis, good to see you. why would the doj leave out the connection to the mexican cartel in the official press release on this case? >> my take? right now you have a lot of people pushing for immigration reform that ties to boarder security and boarder security is a must. that would mean no more drugs coming into this country, right? when i worked with the boarder patrol in my films, we caught

about 40 guys. they look like the guys you may see doing kay l ing daily boar. pick up their t-shirt, more than half part of gangs. >> this isn't surprising, the connection between the drug cartels and ms-13? >> let me give you stats. there are 1.4 million gang members in the u.s. and 33,000 different gangs. 50% of all violent crimes in the country come from gangs. you're talking about a $20 billion drug business. you don't have that by fly by night guys around. this is a well-ran engine covering about 1200 cities. >> you think of this, the gangs as an l.a. problem, largely? >> oh -- >> this is minnesota. >> it's moved all across. atlanta is over runment it's everywhere. 1200 different cities in the country. big cities, small cities. if the american people knew this, they would demand the boarders be closed tomorrow and never be anything talked about, some sort of amnesty or path of

citizenship. do you know the dhs told ice that if they were to stop somebody for any sort of crime, and that person says, you know, i'm a dream, i went to high school, they have to release thave to give documentation. don't have to give your report card or grade point average, you're just released. so the drug cartels and the gang members are using this as a way to get out of their crimes. >> this is troubling. this report is disturbing. dennis, good to see you. >> good to see you. coming under fire for their service in the armed forces. what they think of the passenger: road trip buddy. let's put some music on. woman: welcome to learning spanish in the car. passenger: you've got to be kidding me. driver: this is good. woman: vamanos. driver & passenger: vamanos. woman: gracias. driver & passenger: gracias. passenger: trece horas en el carro sin parar y no traes musica. driver: mira entra y comprame unas papitas. vo: get up to 795 miles per tank in the tdi clean diesel.

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a kelly file followup, each being challenged about their service to our nation. in alaska, republican candidate and marine corps veteran was attacked by a super pack supporting mark. criticizing mr. sullivan for time he spent in the nation's capitol after september 11th. >> documents show that while sullivan pocketed a tax credit for residents living there, he was voting in alaska claiming to be one of us. >> in arkansas, congressman tm l cotton was attacked. mr. prior taking issue with mr.

cotton's time in the armed forces. >> this is part of the sense of entitlement that he gives off like i served my country, therefore led me to the senate. that's not how it works in arkansas. >> joining me now, tom cotton, republican congressman from arkansas and veteran of the iraq wars and a marine corps veteran and running for the senate. mr. cotton, let me start with you on senator mark prior saying you have a sense of entitlement that you give off that you served your country and therefore let me into the senate. >> thanks, megyn. great to be on with you, as always. it was a peculiar statement. i didn't learn a sense of entitlement growing up on my parents farm chasing yous and didn't have one installed in the ar army by drill sergeants. they taught me about hard work, sacrifice and that's what i

tried to do not only in the army but united states house and that's what i planned to do with the people of arkansas if they allow me to be the senator. >> senator prior didn't serve in the armed forces, right? >> no, megyn, he did not. >> do you think he lacks the discipline and training and commitment you have to go through to successfully go and participate in the armed forces as you did? >> well, megyn, i think it was a surprising statement. again, i certainly didn't learn a sense of entitlement in the army. that's the last thing you learn in the army and the last thing the soldiers, men and women i lead -- >> where do you think that's coming from? why would he say you have a sense of entitlement, that you deserve a senate seat because you served? >> senator prior has been a politician for 24 years now. i'm in my first term in the house and he said i'm a young man and i''ll plead guilty to that charge. somebody should be in a hurry to fix what barack obama did in

d.c. >> you are running in alaska and this is another -- >> that's right, megyn. >> they are going after you because you haven't always been in alaska, when you were serving in the marines. a local news anchor came out and said come on, come off of it. do you think this attack will resonate will alaskans? >> megyn, this is part, it's really not about my service. it's part of a broader issue of service. in alaska, there is a tremendous tradition of serving your country, particularly in times of need and after the september 11th attacks literally thousands of alaskans stopped what they were doing to serve their country in the military and other ways and i was honored to be part of that alaska tradition. i served a year and a half on active duty, recalled. i also served as an assistant

secretary of state working on global terrorism issues under condoleezza rice -- >> but you had the nerve -- >> i -- >> let me ask you this mr. sullivan. we've seen this before. we've seen john kerry, who of course, came under criticism, his own critique of american soldiers after vietnam come out and say the following about military service and he took a lot of head. some believe it's a window into how some on the left view military service. stand by and listen. >> if you make the most of it and study hard and do your homework and make an effort to be smart, you can do well. if you don't, you get stuck in iraq. >> do you think that now secretary kerry speaks for many on the left when it comes to military service? >> look, some of the best

members of alaska society, american society, by far are the men and women i've served with in the military, the marine corps. what i think is going on here is whether it's mark prior, they can't run on their records. they have records of failure supporting in mark's case, barack obama, 97% of the time. so what do they want to do? change the top pick, and what they are trying to do now is denigrate service, whether tom's service or my service because they can't run on their records, and i think that's a losing strategy. >> interesting to sort of get that window into how some folks view military service, which is no bull and difficult and requires so much courage. thank you both. we appreciate your service and thank you for being here. >> thank you, megyn. >> thank you, megyn. a new twist in the saga of the texas judge who decided a rapist wasn't that guilty giving him a few weeks in jail and

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developing tonight, a new developing tonight, a new judge in a controversial rape case is holding a hearing tomorrow. it's going to determine if the man who admitted to raping a 14-year-old girlç deserves a tougher sentence. the first judge in the case sentenced the rapist to 45 days in jail. 45 days, five years of probation and community service at a rape crisis center. now that judge recused herself after she got criticism.

judge alex is the host of "judge alex" and retired florida circuit court judge. first, if you can, defend what this first judge did. >> well, i mean, i think the best defense i could give her is i think i know what she was trying to say. if you have a kidnapping where somebody kidnaps and tortures and holds for ransom it's different than if a teenage boy doesn't let his girlfriend leave the apartment because she broke up with him. judges will treat them differently. that being said, i can't justify about the victim of a rape -- she's not as innocent as she portrayed herself to be. that is not a factor. in this case, the evidence was that the boy continued to try to have sex or continued having sex with her when she said no, stop, stop it. >> and there upon it converts to rape. i mean, even if it started as a consensual sex act and she says no and he keeps going, it becomes rape. he admitted it. >> that's right. >> this man at the time was just barely 18. the girl was 14.

there was basically a three and a half year age difference, four year age difference. this judge said the girl wanted to have a sex act with him. she just didn't want to do it on the campus and that's where they disagre disagreed. she said look, am i going to make this guy register as a sex offender or ruin the rest of his life and sentence him to jail because of that? >> yeah, and supposedly had scholarship offers from schools and a good student and all this. she's looking saying they were going to have consensual sex, she just didn't want to have it there. i understand her reasoning. you don't go after the victim. you can say that and say look, he's not your typical sex offender. he's a good student. they were going to have consensual sex. the problem is he didn't stop. i don't know how many times we have to say no means no. >> it shows her mentality when she goes after the alleged actual history because that's not admissible in the state of texas. she had no business considering

that as the judge. >> if you continue to force yourself on somebody who says no, it doesn't matter if they have zero sexual partners or 300 sexual partners. you've committed rape. >> so what is likely to happen tomorrow? >> i'm surprised that a judge is rehearing this. you can't increase a sentence -- >> also true in florida -- i mean also true in texas. this judge cannot change the sentence that this guy has been given. cannot change the sentence of deferred probation to prison time. >> the only circumstance i can see change if there are mandatory sentences for rapists and she gave an illegal sentence. the judge can say these are mandated by law. other than that, i don't think she can increase it. >> let's hope at a minimum, they say he can do community service at someplace other than a rape crisis center. >> that was ridiculous. >> that was just stupid. judge, good to see you. >> always a pleasure, megyn.

>> come on, right? come on. let me know what you think. send me a tweet or go to facebook.com/the kelly file and leave me a comment there. plus, coming up on "hannity" at the top of the hour. >> we should send our special force teams over there as soon as we can. the nigerians cannot handle it. unlimited cash back.

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statement. >> oh, boy, getting a lot of reaction to that tonight. tomorrow night, dr. charles crowdhammer is with us. thanks for watching us. i'm megyn kelly. this is the "kelly file." welcome to welcome to "hannity." tonight we have a jammed packed edition of the show. including breaking news about the 300 missing nigerian girls who were abducted by radical extremists. will democrats boycott benghazi, one of the big questions we'll answer for you in the course of the next hour. america, are you ready? let's roll. this is a fox news alert, the leader of boca haram is threaten to sell the 300 girls. watch this. >> ladies, get mared