for the things you want to do, avoid the chaos, have a nice summer. planning ahead is good. that's it for us tonight. check out the fox news website and spout off, i'm megyn kelly, live in new york breaking news on a rare slap down for the department of justice. plus... >> clinton on defense, pushing a new story about the debacle in benghazi. >> did you see the cable on, i believe it's on august 12th? >> senator ron johnson talks about the questions mrs. clinton answered today, and onces she didn't. plus, why is the administration not doing more to help a woman sentenced to death for being a christian? >> there is a lot of violence going on in muslim countries. >> this outspoken critic thinks she knows the answer.

then? >> a rare slap down for eric holder. why gun groups are celebrating on "the kelly file" right now. breaking tonight new information on what appears to be a preemptive strike ahead of a 2016 white house run. an effort to shield hillary clinton from the strain and stain associated with the benghazi scandal even at the side stepping the truth the clinton camp releasing a new excerpt from her soon to be he leased book. interesting they chose this chapter, providing most-detail add kt yet of what she says happened the night of the benghazi tack and days that followed they revealed how mrs. clinton writes, quote, i will not be part of a political slug fest on the back of dead americans those who insist on

politicizing this tragedy will have to do so without me. catherine? >> mrs. clinton defends the administration's video explanation used by then un ambassador susan wright, quote, there are scores of attackers that night, almost certainly with differing motives. it is inaccurate to state everyone of them was influenced by this hateful video and equally accurate to state none of them where. but it was testified that rice linked the video to the attack not the cia. >> what she says about attacks evolving from a protest was exactly what the talking points said and exactly what the intelligence community analysts believed. and she talked about the video, my reaction was is that is not something analysts have

attributed. >> an independent review of 4,000 social media postings shows the video was a nonevent in libya. clinton goes on to write, quote, every step of the way whenever something new is learned waits quickly shared with congress and the american people. there is a difference between getting something wrong and committing wrong. but a review of the constant security camera video on september 18, 1 week after the attack showed there was no protest this, is known to the cia. yet, a full week later the president was still relying on flawed explanations. >> there are no words but excuse the killing of innocence. there is no video to justify an attack on an embassy. >> mrs. clinton draws on the january "new york times" piece to show the video played a role but bipartisan senate intelligence committee report concluded in january attack was deliberate, organized and al qaeda led event, quote, individuals affiliated with

terrorist groups participated. a member of the benghazi select committee telling fox the administration is in denial. >> it's not clear the administration acknowledged the depth and risk as associated with what it means to have an al qaeda affiliate take down an american embassy. >> the bottom line is that these excerpts conflict with the factual record we don't know what the rest of the chapter shows. megyn? >> catherine, thank you so much. we detailed how hillary clinton's political allies were meeting reportedly to prepare a plan to protect her. when the meeting broke some told reporters the issue never came up, but kept digging and learned they were misleading the press outside of the event. remember last year, the senate was pressing then-secretary of state hillary clinton about what

happened with benghazi? things got heated. >> do you disagree a simple phone call to those evacuees to determine what happened, would have ascertained there is no protest? that is piece of information could have been easily obtained. within hours, if not days. >> senator, i -- you know, when you're in these positions, last thing you want to do is interfere with any other process. >> i realize that. >> two, number two, well, it's a fact. >> we were misled there is supposedly protests and something sprang out of that. an assault sprang out of that. that was not the fact. american people could have known that within days they didn't know that. >> with all due respect the fact is that we have four dead americans >> i understand >> was it because of a protest or guys out for a walk deciding to kill americans? what difference, at this point does it make? it is our job to figure out what happened and do everything we

can to prevent it from happening again, senator. >> joining us now is republican senator ron johnson the man doing that questioning that led to that now-infamous sound byte from mrs. clinton, who many believe would like to be the next president of the united states. senator, good of you to be here tonight. what were you driving at during that exchange? >> well, let's face it. administration does mislead the american public for a couple weeks i was asking a simple question. why didn't you call survivors? that is what i would have done. can i do anything for the family and to find out what happened and i think the reason she got testy is that it's an uncomfortable question, i think she felt culpable. there is no doubt about the fact requests for increased security, those requests went unanswered. they ramped down security. and so, from my standpoint that is a clear derl yiks of duty.

those americans didn't have to die. a small contingent of armed guards could have prevent that had attack. mrs. clinton has to be responsible. in this book she is claiming responsibility but what is she claiming responsibility for? sending ambassador stevens there in the first place? bottom line, i don't think she's taking responsibility at all. >> she's trying to say this may have been about a video. she's still now saying that. we know that is not what it's about. now, we've learned it was the administration, it was the white house that prepped to have that narrative put out there so we'd all believe this is about a video, not a failure of policy, because we saw that in the e mail circulated prior to susan rice going on those talk shows. when the national security spokesman was asked about it by our own bret baier, whether he

is the guy, the white house guy that changed those talking points. white house said he doesn't have his hands on it at all. >> did you change taattacks to talking points in demonstrations? >> maybe i don't remember. >> you don't remember? >> dude, this was two years ago. >> dude, it's the thing everybody is talking about. >> he's pressing him on changing talking points. her defenders say what is your theory? she made up the business about the video because she wanted to protect her own political neck? >> well, megyn one thing people have paid attention to is that we know very little about president obama or secretary clinton about that night burke they spoke at 10:00. at 10:08 the state department issued a press release talking about inflammatory material on the internet. the video. that a couple minutes after the president and secretary of state

talked now, what did they talk about? rather than talking about what they need to do to send whatever military assets to help those folks in benghazi? or talking about how can we cover up our dereliction of duty? >> do you think that is going to be an important moment in her presidential aspirations? >> i'm sure she regrets it. what she has to concentrate on is what are they trying to cover up? the biggest outrage is what they didn't do prior to the tacks. security wasn't provided the security ramped down. that is what the american people need to concentrate on the other thing i point out is put yourself in the position of secretary of state, welcoming home those bodies and those four dead americans. would you have taken that moment to demonstrate human compassion? offer condolences or seize upon that moment to plant and

perpetuate that cover up? that is what secretary of state clinton did. she went to the father of woods and said we're going to bring that video producer to justice. that is a crazy mill act. he was arrested. senator, thank you for being here. >> have a great night. >> also breaking tonight the house delivering a rare slap down to the department of justice voting to defund the doj program known as operation choke point. critics say that program pressured banks into cutting tie was so called high risk merchants such as gun sellers and ammunition manufacturers effectively skroi destroying their ability to do business. trace? >> and congress just gave a boost to people like mark cohn, who owned a gun shop in massachusetts. he applied for a line of credit for a bank he'd been with 15

years. his business strong, credit, excellent he says the loan was declined because the industry is considered high risk alongside pornography, ponyx schemes and pot distributors. >> like i said earlier, some bureaucrat decides he doesn't like a particular industry. and is able to discriminate against that industry and restrict their flow of cash. what happens if he d like motorcycles? or he can do the same thing. there is no end to it. >> td bank told us gun shops are not prohibited and banks can ignore operation choke point but then, they come under closer scrutiny from federal agencies a senior banker told washington times, quoting here, we're being threatened with a regulatory

regime that attempts to hoist on it ability to monitor all types of transactions the house voted to choke funding for operation choke point, saying, banks are put in an unevenible poppings position and decided not to fight the fed. >> trace, thank you. >> well, just hours ago the head of the troubled veterans administration resigned but it did not start with secretary shinseki and will not end there. congressman jeff miller is here, on what is next z a dramatic twist in the donald sterling case details from a big, new lawsuit this, is becoming a hot mess. becoming? coming up. and what is the un doing to help a woman sentenced to death for being a christian? she's the mother two of american citizens married to an american citizen.

as far as we can tell, the united states of america is not doing much to help her. next, on what she thinks is to blame here. >> there is a possibility for islam to be reformed i think the opportunity is right here, but i think it begins with acknowledging that there is something wrong in the first place. honestly, the off-season isn't really off for me. i've got a lot to do. that's why i got my surface. it's great for watching game film and drawing up plays. it's got onenote,

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more pressure developing tonight on the white house to help a woman sentenced to death for being a christian. a white house petition for her release has been signed more than 23,000 times in less than 48 hours. the woman is mother to a 20 month old boy and a four--day-old girl. their father, her husband is an american and thus, so are they. the state department refuses to say what if anything america is doing to help. she's been sentenced to death but her husband says the answer is they are doing nothing and he's praying for justice. >> translator: i hope they will take another look at the case. they will find many flaws, enough to cancel the judgment or close the case. >> hershey alley great of you to be here. why wouldn't we help her?

>> i think we lost our morals. i think we can. i think the american people can. we don't realize the fact things like this are happening here there is a man in brooklyn who killed his wife because she made him a vegetarian meal and it's his culture and pleading for mercy. we don't realize these things are happening. i think we don't realize that we are the nation that stopped for instance apartheid. what sharia law is about, it's about sharia law. this is the promotion of gender apartheid. it's religious apartheid. i've written on the treatment of muslims, states don't do much about it but also in the case of

sudan, it is the state that actually perpetrates these violations. i mean, think about -- >> genocide. >> the state that committed genocide. >> you wrote in 2012, you wrote about the violent oppression of christian minorities that has become the norm in muslim majority nations and you singled out sudan and you talked about -- >> i singed out sudan, nigeria, pakistan, yeah, i did. i want to show that actually it's not -- it's not like black and white between having boots on the ground versus doing nothing. remember apartheid. we stopped it through writing books, writing, through songs, through trade, through diplomacy. we were united as a -- just not north america but the west and all model countries to say it is

unacceptable to divide humanity to blacks and whites and what are we seeing with sharia? we're seeing it in sudan. we know it in our lives, saudi arabia and others. on grounds of, you know, practical and hillations, we are not taking the positions, the model positions that we need to and we're not fighting that model positions with the tools we have. >> help us understand why. you write in that piece that you believe not only are state actors reluctant to get involved but the media is reluctant to cover it, which we're seeing in this case in some instances because of the influence of lobbying groups, care among others who want to condemn anybody who is critical of even this kind of thing as islam phobic. >> we're not islam phobic.

if we take a stand against sharia law, we'll protect more muslims than care can ever dream to protect. we're not taking a stand because i think the american people do not understand and do not appreciate the fact -- i talked to two 24-year-old women and 27-year-old women and i asked them and said, you know, you can fall in love. you can go and marry what you want but this is this woman whose 27 who is married in a white dress with henna and she's in a prison having her second baby, and her family are the ones who brought charges against her, and it's her government that's going to put her to death. do you understand that? and everyone i ask, and i did it -- i asked the woman who did my makeup and she said we need to do something. we need the leadership to tap on that kind of human solidarity to say of course we need to do something, and we can do

something. >> right. right. she is chained, we're told, in this hospital bed. she gave birth in a filthy jail, not hospital, in a filthy jail cell to an infant girl. she's still there with her 20 month old boy. we gave sudan billions of dollars. it's incredible the power we potentially had and yet, what exactly are we doing? >> we have diplomatic powers. we have trade powers. we have military pourers. >> i got it. >> all kinds of powers. we can get her out. it's not only about her -- >> i understand. >> her case is the story, the face of these thousands of women. >> i apologize, i'm up against a hard break so i have to run but thank you as always this allergy season, will you be a sound sleeper, or... a mouth breather? well, put on a breathe right strip and instantly open your nose up to 38% more than allergy medicines alone. so you can breathe and sleep. shut your mouth and sleep right. breathe right.

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well, over the past few days we seen republicans coming under attack, one for her gender and one for sexual orientation. a backdrop full of profanities she said her critics used to describe her. we introduced you to an openly gay candidate carl deiyo. where is this coming from? kirsten powers served in the clinton administration. kirsten, good to see you. let me start with ms. bosworth, a republican running for office, the u.s. senate and she says is coming from the left and this is

her)móañ commenting. >> the democrats talk about a war on women. but much of what you see here is written by the supposedly tolerant liberals. their message is clear. conservative women are fair game. if you are a female and a republican, anything goes. >> what do you make of it? >> well, i think there is something to it and if you look back at a lot of the treatment of republican women over the years, there is a lot of evidence to back up what she is saying. if you look at the way sarah palin was treated for example and you have -- these aren't just fringe people posting on, you know, a website. you have ed schultz issuing bill bow alerts for her. if you look how hillary clinton has been treated by chris matthews, you know, who is a liberal. referred to her as witch and she

devil in 2008 when she was running against obama. keith, you know, said s.e. cupp should have been aborted by her parents and called one a mashed up bag of meat with lipstick on it. i can sit here all night and recount and again, these are not fringe people. they are people who are well-known liberals talking about women this way. >> yet, the same people are talking about a republican war on women and -- >> yeah. >> i guess they are talking about, you know, abortion policies and contraception and so on. but still, how can you be a -- you know, a standard bear opposing the war on women while then going out and calling women names that you just mentioned? >> right, well, exactly. i think that's exactly right. they have turned it into saying bel well, if you oppose abortion rights you hate women so it's a war on women but ignore bill

maher. i didn't talk about bill maher. i didn't say anything he says on air because it would have to be bleeped out the way he speaks about conservative women. it's not just women in general. it's really conservative women treated as almost subhuman. >> now conservative men, if they happen to be gay. normally you see the left coming to his defense, this candidate if he were a liberal but he's not. >> right. exactly. i think it's this idea that you -- if you're gay or if you're a woman, then you're supposed to be a democrat and if you aren't, you're a traitor. therefore, you should be punished. that's the mentality you see with african american republi n republicans being called -- there was a democratic member of congress, he's black and he referred to clearance thomas recently as an uncle tom and said i can say that because i'm black. no, actually you can't because it's racist. >> i want to ask you this before we go, do you think it's getting worse or any chance it's getting better? >> it seems to be getting worse

because of the online aspect, right? i think there is more opportunities for people to do this but i think and there hasn't been any real push back from people on the left. those people i sited before, those are msnbc hosts, right? those are people -- bill maher is someone who has the most high profile liberals going on his show all the time and never really challenged on this. >> good to see you. [ laughter ] >> good to see you, too, megyn. >> have a good weekend. federal authorities coming under fire for loading illegal immigrants on the buses at the boarder and dumping them in different states across this country. we'll investigate. >> plus, hearing hundreds of thousands of jobs and billions in spending is at risk thanks to president obama's plan to tackle climate change. this is monday. mark is next. >> this was the moment when the rise of the o i'm randy and i quit smoking with chantix. as a police officer, i've helped many people in the last 23 years.

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well, this coming monday we're expecting big news from the president as the white house unveils climate change measures. they will be a historic step forward toward fighting global warming. the chamber of commerce says it comes at an annual cost of $50 billion and a loss of a quarter million jobs a year. many coming from the cole industry. remember this? >> if somebody wants to build a

coal power plant, they can, it will bans result them. >> you can't say he's not a man of his word. mark is a former presidential speech writer of "the washington post" columnist. the president has come under fire for things dubbed untrue. that doesn't happen to be one of them. >> he said something that held up since 2008. amazing. i mean, look, it would be one thing if we were in the reggen like recovery, regan like recovery but this first quarter of this year, we had 0.1% economic growth. let me repeat, 0.1. that's almost a contraction. so, you know, last year we grew at 1.9% which is absolutely pathetic. that's half of less than half what we grew under ronald reagan. why are we not growing? the economy is not growing because of regulations. he's about to unleash. these carbon regulations are going to cost the economy $50 billion a year.

they are going to cost, according to the chamber of commerce, 224,000 jobs a year -- >> he said -- he denies those figures and disspults them and says it's about clean air, trying to reduce emissions and believes this is the way to do it. >> by raising everybody's electricity costs by 17 billion-dollar a year. that's how he's going to do it. the way -- if you really want to get cleaner air, have a growing economy where the growing economy produces technology that allows you to have cleaner air. >> didn't they have a vote on this? didn't they try to get the u.s. congress to weigh in on this? >> exactly right. in 2010 the president tried to pass cap and trades legislation and the democratic senate killed it. you remember in the first two years of office, he had control of the house and senate. so now he's doing this by executive fiat. he's basically implementing a cap and trade plan without the trade, just the cap and through executive action.

>> he's got a lot of promises to live up to there, mark, not only did he promi industry. this is when the rise of the ocean will stop. he's got a couple years left. i got to shift gears for you. jay carney has apparently decided to leave today and i don't know whether that was an attempt to announce it to take attention off of the shinseki resignation or vice versa. >> i think he jumped the shark trying to dismiss the rods e-mails. that's the moment he went from obama flak to baghdad bob. >> but do you think this is clearly carney's move, right? the president saying he's one of his closest friends. >> i'm sure it's his time to go out and i'm sure he'll find a lucrative way to pay for a -- spend more time with his family in a lucrative way. being the white house spokesman is a tough job. it's really tough to be a spokesmen when you keep getting sent out to tell lies.

the lies go on from -- if i personally had been him, i would have quit after the you can keep your plan thing came through. he kept going and i think it's time for him to go. >> the business of, you know, we didn't change a single talking point. >> exactly. >> so on tape and played everywhere. in any event, mark, good to see you. >> good to see you, megyn, thanks. a "kelly file" followup. loading illegal immigrants on buses at the boarder and reportedly dumping them in different states across the country. trace gallagher live in the west coast newsroom with more, trace? >> megyn, in the past year the number of illegal immigrants crossing in texas jumped 60% to nearly 160,000. the boarder patrol simply can't handle them all. for several months the boarder patrol has been flying them to arizona and dropping them off at gray hound bus stations but this week they are dropping off

dozens and dozens every day. they are supposed to report to an ice office in 15 days but they don't and ice doesn't look for them. this is a huge incentive for people to cross illegally. people are being dropped off without food, water and basic necessities, listen. >> women have been telling me about children vomiting. we've been seeing people quite dehydrated. my concern is they are not in that time before they are dropped off here, they are not being treated with dignity and respect. >> so the boarder patrol was supposed to hold a news conference today to explain this but it was araubruptly cancelle >> trace, thanks. >> hours ago, the head of the veterans affairs department resigned. the problems plaguing the va have not gone away. ralph peters and chairman jeff miller who has been on this from the beginning are next on what the president needs to do now and the buck stops with him. what on earth provoked a

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a general shinseki dedicated his life to our country and we thank him for his service. his resignation, though, does not prevent the president to step in and make things right for the veterans. business as usual cannot continue. >> that was john boehner reacting to the secretary of veterans affairs general eric shinseki. jeff miller chairman of the house committee and lieutenant colonial ralph peters who is an analyst. thanks both for being here. let me start with you. it's a sad day to see general shinseki go but in the end, did it have to happen? >> it did. he had lost the faith of the

american people, and certainly, the people that were mid level burr ocrats didn't feel they had to tell him the truth. it was a sad day because this gentleman is a good american. the focus has been on him thus far but you can hear john boehner there redirecting to mr. shinseki's boss. your thoughts on the president. >> the president took three weeks before he came out and acre knowledged the gravity of the situation. we've had veterans that have died. they have known this for a number of years. they admitted 23 veterans died because they were waiting for care and for the president to have gone forward with the attitude just showed another lack of leadership on his part but again, i'm trying not to make this political. this is about the veterans and the people who have earned the benefit that they are supposed to get and that is health care in a timely fashion.

>> ralph, i know you've been an advocate of general shinsekis, although he'll land h1on his fe and be fine. what does it mean for the president? >> megyn, it's not a sad moment for me, it's a sad moment for veterans. the american people have lost faith in congress. so by the chairman's logic, congress should go, too. president obama when it comes to vets, so often in so many spears, he says so many grace shows and right things but as with so many other spears, he does nothing to execute it. doesn't do anything to fix it. i'm not going to pick on the president on this. congress and both parties in congress share more of the blame or at least as much of the blame if not more because congress is supposed to have the oversight of the va and collect it. congress funds va. congress has increased the scope of responsibilities of va

without increases in funding. congress oversees the civil service and refuses to reform it so he can fire the kind of people that chance gres. they promote from getting intelligence technology -- sorry, information technology and goes on and on and on. >> that's the thing, it will be the reforms now and serious reforms including making it easier to fire people. i know in your specific case, you have been jumping up and down about this for years but what about the charge that congress should have done more and on a go forward basis needs to do more? >> interestingly enough, the reports that a lot of people talk about were directed by congress. we went to secretary shinseki and asked him had he implemented the things they recommended. they told us yes. that he lied to us about the numbers. >> shinseki? >> yes, yes.

because his people were lying to him. >> so he wasn't actively lying but delivering that information. >> delivering information people had given to him, the very reason that we're talking about this issue today is because of a hearing that we had in the house committee on veterans affairs on april the 9th that actually broke this story. dr. foot called us when nobody else would listen to him and started listening and investigating and saw there was a serious problem there and we went about our business. so congress, everybody has probably some blame. if you want to blame me and that would solve it, go ahead and blame it all on me. but the truth is the commander in chief, the man who put secretary shinseki in the job does not understand the gravity of the situation that's out there today. people have told me that for decades, we have tried to reform the department of veterans affairs, we now have an opportunity, opportunity to change it for the better and i'm glad ralph talks about my bill

that actually would give the secretary the people that don't do their jobs. it's easier to get a bonus than to get fired. >> only in this bureaucracy is there a bill to allow them to do this. does it come down to bureaucracy? the president said what is absolutely clear is that the systems inside of the va did not surface to the level where shinseki was aware of it or able to see it. >> well, it's a problem that goes far beyond va. throughout the federal bureaucracy, the pentagon experienced versions of the same thing with the civilian work force and the chairman is right. i mean, it's easy to give them bonuses, very, very almost impossible to fire bad actors. but megan, for me the bottom line is today we humiliated a really fine man to cover the political failings of the administration and members of congress. let's see what happens.

let's see who replaces him on a permanent basis and see if two or three years from now, congress stepped up to the plate and really done what it must do to fix these problems for our veterans because i'm sure the chairman would agree and he's already said, at the end of the day, it's not political. it's about those who served our country and suffered. >> amen. before i go, sloan gibson, the incoming guy, deputy va secretary, quickly, good man? >> good man. >> had faith? >> he had the right attitude when i talked to him and when he carries that on, something will change. >> thank you both for being here. low prices, we can afford to take more trips this year. -hit the beach in florida. -and a reunion in seattle. [man] when hotels have unsold rooms,

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breaking news tonight on a

billion dollar bombshell in a scandal involving the l.a. clippers and owner donald sterling. his attorney filing suit against the nba a short time ago just one day after we learned that sterling's wife made a $2 billion deal to sell the team. so we find out that the wife has sold the team for $2 billion, which is this incredible number. then we learn donald sterling has alzheimer's and he's suing. can you please explain? >> i don't think anybody can explain this story. it has been a wild story. the good news for nba fans and clipper fans is it is over. donald sterling is out. shelly sterling has indemnified the nba. they will not pursue throwing donald sterling out. he is banned for life, but they will not take away the ownership. the sale now goes forward.

if donald sterling decides to go forward with this lawsuit and not withdraw it, he will be suing his wife. >> how did she get the right to sell the team without him? >> she got him to sign a document that they were able to produce back on may 22nd that gave her the right to pursue the sale with his blessing. he has since changed his mind, but he's not been able to get that agreement withdrawn from his estranged wife. it went forward. she produced the document. the nba is now satisfied. they will vote on tuesday now for the transfer in ownership. taking it away from donald sterling and giving it to steve balmer, the former president of microsoft. >> who is alleging donald sterling has alzheimer's? >> it is alleged he is mentally

incompetent. he could not control the family's trust anymore per agreement of the family trust and that it would then get passed on to shelly sterling. his lawyer said donald sterling does not have alzheimer's. it is grossly inaccurate what's been said about him and those reports are greatly exaggerated. >> the wife has an interest in trying to get him declared mentally unfit and he's saying, that is not true. >> that's exactly right. but this has been a very painful chapter for the national basketball association. now the nba can move forward. the finals start on thursday night and we will not have to hear anything further about donald sterling. >> the players seem very happy that suddenly basketball teams are worth $2 billion, thus

players must be worth more as well. let me know what you think. "hannity" at the top of the hour -- >> i understand why you wouldn't like it. if you're going to play football, you have to be held accountable. you have to work hard. you have to sacrifice. doesn't matter about race or creed or financial status. that helps prevent the urge to smoke all day long. help prevent your cravings with nicoderm cq. verizon has always set out to provide you with the most powerful and reliable network experience. and now for the next advancement. introducing verizon xlte. with 2x the 4g lte bandwidth and faster peak speeds in cities coast-to-coast, there's more space for everyone to stream and share more. this is xlte. for best results, use verizon. now bring in the whole family and get four lines for $160.

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the story we brought you earlier about the sudanese woman

in prison for being a christian. go to facebook.com/thekellyfile. thanks for watching us, everybody. have a great weekend. this is "the kelly file". this is a fox news alert. departure day at the white house. president obama announced the resignation of veterans affairs secretary shin seccseki. jay carn-- hello, everyone. for the latest on the two resignations announced today, let's turn to