tv The Kelly File FOX News June 3, 2014 6:00pm-7:01pm PDT
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hear about it. again, thanks for watching us tonight. miss megan up next. i'm bill o'reilly. please remember the spin stops right here because we are definitely looking out for you. breaking tonight, this is the busiest election day yet on the primary calendar and the polls have just closed in new mexico and south dakota. eight states holding elections today. the two most watched races weigh directly on fight for control of the u.s. senate. one is in iowa where republicans would love to turn the seat from d to r. the other in mississippi where incumbent cochran is trying to fend off tea party favorite chris mcdaniels. we're monitoring the returns. we'll have an update in moments. but we begin with dramatic new developments breaking tonight in the political firestorm over what critics are
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calling president obama's illegal decision to release dangerous terrorists captured by our troops. welcome to "the kelly file," everyone, i'm megyn kelly. we've watched a series of nonsouthern plains revelations all day following the president's decision to release knife dangerous terrorists in exchange for sergeant bowe bergdahl, an american soldier held as a captive after he reportedly walked off of his afghan base more than five years ago calling america a horror. the day started today with the president himself admitting the men he released without consulting congress could pose a threat to the united states. >> in terms of potential threats, the release of the taliban who are being held in guantanamo was conditioned on the qataris keeping eyes on them. is there a possibility of some
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of them trying to return to activities that are detrimental to us? absolutely. >> stars the qataris new reporting today the terrorists can roam around the country of qatar at will. they are only supposed to be monitored for a year. the senate intel committee met behind closed doors to learn more about sergeant bergdahl. fox news confirmed when bergdahl left his base he left a note, this is right before his capture, expressing disillusionment with the army, disillusion with being an american and suggestions he wanted to renounce his american citizenship and to go find the taliban. reported similar concerns wn we interviewed two soldiers last night who served with bergdahl in afghanistan in his platoon. cody, do you believe that bowe bergdahl served the united states with honor and distinction? >> he did not serve the united
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states with honor. we all took an oath. he violated his oath when he deserted us and put other americans in jeopardy. >> i just don't want to see him hailed as a hero and i want him to face the consequences of his own actions and face court martial for desertion. >> we hope to learn more about all of this in moments when we speak with senator chambliss. andy mccarthy is here to talk about whether the president's actions could amount to an impeachable offense. and author mark thor is here. in a stunning development the president's state department appeared to challenge those two soldiers you just heard from. suggesting that those men and others like them are misleading the american public about sergeant bergdahl and his action in afghanistan.
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here's fox news producer luke tomlinson. >> has the state department considered sergeant bergdahl to be a deserter. >> the state department, no, lucas. look what we said is we're going to learn about the facts what happened. >> according to those -- >> there are conflicting reports out there about this. >> the guys on national television last night. his squad mates -- >> we don't know the facts yet. nobody knows exactly what happened that night. >> i think his squad mates have the best indication. >> i don't think that's the case. >> they don't have the best information? joining me now is lieutenant colonel ralph peters. ralph, i know you say you have never witnessed such outrage from our troops, the state department's unwillingness to at least give the service men who served with bowe bergdahl their due probably won't help. >> well, megyn, what you just
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saw and heard was benghazi 2.0. a political flunky in a state department insisting that she knows better what happened on the ground than the soldiers on the front line or people in a fire fight. the arrogance is boundless. you know, i wish the obama administration if it can't have the grease to be decent about anything else, at least stop insulting our troops. she called those soldiers on the front lines liars. and by the way, she's a liar. because i can tell you from the first days, the first hours the military knew exactly what bergdahl's status was and i have never heard of or seen any report conflict the allegation that he's a deserter. never. but megyn, if i just may, this is an example of a very deep cultural divide between team obama that knows nothing about
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the military and cares less and those who serve. when you listen to susan rice and obama they think desertion is like skipping class. you're hung over monday morning so you don't want to get up and go to class. it's the second gravest sin in the military right behind turning your we pan on your brother soldiers. i cannot begin to communicate how deeply the military feels about deserters and one last point. please, i'm sick of hearing people even on fox, instant experts who never served in the military saying will we always went after our deserters and our troops and brought them home. megyn throughout much of our history we did go after deserters and when we got them we shot them or hanged them or if we were in a good mood we would brand them with a d on their cheeks or forehead. we came enlightened in the 20th century. we still shot but still sent them to prison or hard labor.
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this is not a minor offense. desertion is very grave and team obama just doesn't get it. >> let's talk about their expectations the news reports today is they were expecting euphoria at the announcement of bowe bergdahl's return. how did they get to the point ever expecting that, ralph, when this man is very controversial. his own platoon mates i have yet to hear one come out and say anything in his defense. >> obviously it's clear that obama is the emperor and nobody wants to tell the emperor he has no clothes. he's getting bad feedback. they closed the ranks against the outer world. they just don't understand our . i really believe that team obama thought that bringing bowe bergdahl home at any price was going to result in a repetition of the celebrations when it was announced that we got osama bin laden, that there would be frat boys from gw university in
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washington jumping up and down in front of the white house. they totally misread the american public and deeply misread our military. i don't really think all these angry soldiers want to lynch bergdahl. >> they say that. they don't want him to be called a hero and they took exception to susan rice saying he served with distinction and honor. our two guests last night said he didn't. and the ceremony in the rose garden his father was praising allah and speaking in the language of taliban. >> mr. bergdahl's beard is not a tribute. it offended me and every soldier, i'm sure and our service members because obama during the va scandal he didn't host the survivors of people that died in the va system waiting for care and if he had
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wanted to really honor our troops, instead of having mr. and mrs. bergdahl, the father and mother of an alleged deserter and giving them more attention than he has any family he should have had the families of the six soldiers that died in searching and trying to free bowe bergdahl. the president disdains our troops. he uses them as political troops and then does something like this. oh, by the way, what's the price of getting private bergdahl back? release five of the most dangerous terrorists in the world. >> we're going to talk more about these troops. the president, you know, to say he disdains the troops, ralph, is so controversial, but what he did here is also very controversial. more with you in a minute. also coming up on thursday, in a kelly file exclusive, six
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members of sergeant bowe bergdahl's platoon will be with me right here in new york to talk about what happened on that day in 2009 and answer the question is bergdahl a deserter or a traitor possibly? will anyone defend him? you'll see that only here. plus the senate intelligence committee met behind closed doors this morning less than 24 hours after fox confirmed that there is a classified file on sergeant bergdahl and that some members of the intel community have concerns that he may not only have deserted but may also have been an active collaborator with the enemy. on top of that reporters are asking how the white house accidentally released the name of that cia station chief in kabul a week ago and whether this guy who had been outed by the administration was briefed on the terror swaps. those questions have been posed to the administration answers not yet received. senator chambliss is vice
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chairman of the senate intel committee. he's with me now. senator, thank you. >> always good be with you. >> let's start with this file on bowe bergdahl and reports that cia actively looked into whether he had been collaborating not just taken host skrag but collaborating with the enemy. what can you tell us? >> after agent bergdahl was captured, obviously, there was a lot of unknown facts. and those facts, frankly, megyn, are somewhat still unknown. the army did do an investigation of sergeant bergdahl and when we the intelligence committee were first apprised by the administration that there may be a potential swap of prisoners for sergeant bergdahl i asked for a copy of his file and i reviewed his file. they wouldn't let my staff look at it but they would let me look at it. and i can tell you the article in the "new york times" today shocked me. this note that he supposedly
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left that indicated that he was sympathetic to the taliban and unsympathetic to the american interest was not included in that file. i was surprised bipartisan that because normally those classified files are pretty informative. >> you think somebody is holding out on you >> well, i don't know. i have no explanation for it. but like i say, i was shocked today. but what i do know is that the army doesn't know really what happened and they haven't apparently gotten detailed statements from his fellow la tune members who had been very vocal over the last couple of days. there was nothing in that file from, regarding statements from any of those individuals as to what they saw that night. >> and they have been very vocal -- >> a lot of unanswered questions
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by the army. >> let's talk about these five guys. you and your democratic counter members, diane feinstein came out repeatedly said no to these five guys. we object. the administration some officials agreed with you and yet a couple of years later without notifying congress the president did it. do we have any reason to believe they've gotten less dangerous and how concerned are you about repeat violence? >> number one, they are more dangerous today than ever. the longer they stayed in guantanamo, the more radical they've become. but, if you leave them in guantanamo as the president's own review commission recommended in 2009, then you don't have to worry about them and that's fine. the fact of the matter is these are five of the most dangerous folks in the world. this is mullah omar's board of
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directors, his fab five team. they have been involved in high level positions in the taliban, individuals who have been directly connected to osama bin laden from a financial standpoint as well as from an intelligence standpoint. so these guys are dangerous, they are more hardened than ever now, and i have no -- it's totally irrational to me as to what the president could have been thinking when he made the decision to release these five individuals and albeit, you're a parent, i'm a parent, i'm happy this young man is going to be reunited with his parents in idaho, but this was a bad deal and it's a deal that, unfortunately, impacts the national security interests of every single american. >> understood. >> truly a bad idea. >> i know you're pushing to declassify additional information with regard to these men. up next andrew mccarthy the
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former federal prosecutor who brought justice to the blind sheik. up next he's here to tell us why believe the president crossed a huge legal line here. try alka seltzer reliefchews. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm. amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief. now they're part of our 2 for $25 guest favorites!r one olive garden dishes. featuring your all time favorite creamy chicken alfredo and seductive shrimp mezzaluna. it's our most inspired 2 for $25 ever. at olive garden. our cheese is going thin in a big way. with our ultra thin slices, you can now enjoy the same natural sargento cheese you love, at just 45 calories a slice. the same cheddar, swiss and provolone. just thinner and just 45 calories a slice.
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action hours ago. >> this is what happens at the end of wars. that was true for george washington, that was true for abraham lincoln, that was true for fdr, that's been true of every combat situation that at some point you make sure you try to get your folks back. and that's the right thing to do. >> andy mccarthy is a former federal prosecutor who devoted his life to prosecuting terrorists and author of the new book "faithless execution." you started an article the other day said writing about impeachable offenses the writing must stop but impeachable offenses must continue. >> we have a commander-in-chief who has replenished the enemy in war time. there's a lot of chiter chatter the last couple of days about this 30 day notification statute and did obama comply with it. what happened here is a profound
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dereliction of duty. >> you're not focused on that 30 day notice. >> no president president obama may have a good argument that 0 day notice is unconstitutional. what happened here that's blatant is, you know, the president said the war is coming to an end. somebody should send that peoplo to the taliban and neither have the haqqani. they are conducting operations against our soldiers in battle. the president, the commander-in-chief the one who has the major responsibility not only for prosecuting the war but for protection is replenishing the enemy at a time when he knows they are still killing our people. >> there's been no surrender, andy. >> right. even by the president's timetable we'll be there for two years. he says we don't leave our people behind. maybe we do or maybe we don't but we'll be there for another two years. who is leaving? the taliban is not leaving.
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we're not leaving for another two years. >> that's the crux of it. that's what makes this case so different from the other battles, other wars he cites. to rise to an impeachable offense to cross a legal line doesn't the statue on providing material support to terrorists he have an intent to help the terrorists. >> impeachable offenses are not necessarily statutory violations of law. what the framers had in mind profound maladministration, things like misleading the public, conduct unbecoming, dereliction of duty on the part of the commander-in-chief. you don't have to be indictable to be remove scrabble. what impeachment is about is violations of the president's fiduciary duty to the country. >> the name of the book is "faithless execution." unbelievable, andy. thanks for being here.
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. in the 72 hours since news of the prisoner swap for sergeant bowe bergdahl broke there's been lots of talk about the u.s. servicemen who lost their lives in the effort to rescue him. but our next guest says we should be thinking about the number of troops that were killed trying to capture the five taliban leaders our president just put back on the street. senator ted cruz is a republican out of texas, he's with me now. senator, there's a reason why there was bipartisan objection to releasing these five guys for
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years here. >> that's exactly right, megyn. this entire deal is extremely troubling. the president decided to make a deal with terrorists, taliban that are closely affiliated and interwoven with al qaeda and that deal we released five senior taliban terrorists. and as you just observed a second ago, an obvious question that leaps to mind, how many soldiers lost their lives to capture these five taliban terrorists. and how many soldiers may lose their lives in the future if and when these taliban return to making war against americans or how many innocent civilians might be killed and, you know, as this thing has unwound in the last 72 hours and we've seen the questions that have been raised about sergeant bergdahl, there's a whole new set of questions that are raised about what the president knew and when he knew what they knew about sergeant bergdahl's conduct, all the serious allegations that have
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been raised, what kind of vetting went on or did they simply make this deal and send these terrorists over without doing any vetting at all and that's a question we need to answer. >> there are some reports there were objections inside the administration that were overruled and, of course, the army back in 2010 determined that bergdahl walked away from his unit. i want to shift gears with you while i have you because there was a fiery exchange with you on capitol hill today railing against the democrats in a proposed constitutional amendment that they have offered that would essentially curtail free speech. here's a sound bite of you. >> this amendment is about power and it is about politicians silencing the citizens. mr. chairman, when did elected democrats abandon the bill of rights? mr. chairman, where did the
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liberals go? >> they say this is about campaign finance and reigning in big corporate dollars. >> well, megyn those are their talking points but they filed an amendment to the constitution that would repeal the free speech protections of the first amendment. what the amendment would do if adopted is give congress plenary authority, absolute authority to regulate all political speech, it's not limited to corporations, it's not limited to the billionaires they talk about, it's every single individual citizen. and 42 democrats have signed on to repealing the first amendment. you know, in the course of the hearing i quoted ted kennedy who when democrats tried this back in 1997 he rightly observed for over 200 years we have nod amended the bill of rights and now is not the time to start. this should trouble everyone elected democrats are trying to give congress the foremuzzle
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citizens, to muzzle those planned parenthood and national right to life, to muzzle the nra and muzzle labor unions and muzzle individual citizens, to ban books and movies and that is contrary to the most fundamental protections our democracy is built on. >> it relates back to citizens united airlines a supreme court decision that the democrats and president remains very unhappy with. senator, thanks for being here. >> thank you. i'm very proud that so many people are standing up and are in fact using the #don'trepe the #don'trepeal1a. a couple of primary contests that could affect the balance of power in the senate. that's next. plus in the hours after the bergdahl deal was announced, brad thor shared a dramatic story from his many sources in
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mississippi and iowa. chris has been watching the returns. what do we need to know? >> reporter: in the battle for control of the united states senate the republican party needs to gain six net seats in this november's mid-term election. good news for the gop, three of the races that they are watching very closely, you mentioned iowa, in ernst looks poised to win that race. montana and south dakota, the republicans seem to be coalescing behind candidates to flip democrat to republican seats. down in mississippi, if you like nail biting, back stabbing, hot and heavy politics, mississippi is the answer for you tonight. this is an incredible race, you have long time snared thad cochran, came to congress in 1973 in the fight of his political life against chris mcdaniel backed by the tea party, backed by outside groups. the results are coming in and this thing is razor thin.
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the counties, parts of the state that we expect to see, cochran do well in he's not exactly out performing but cutting into mcdaniel's numbers. the key counties are still out. we have no idea which way this thing will go. it's an amazing race. >> back to you when we know more. thanks, chris nuclear weapon bet. >> back now to the firestorm over the president's deal to give five top terrorists for sergeant bergdahl. in the middle of questions about whether bergdahl was a deserter there was reporting from the army times tonight quoting sources that said bergdahl not only walked away the night he captured but actually walked off base a couple of times previously. brad thor is a "new york times" best selling author with extensive contacts in the military and the author of the new book "act of war."
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you've written a piece saying the president put a target on the backs of all americans. why do you believe that? >> well, i believe that, megyn, because in our 200 year of history we never traded prisoners for hostages. susan rice and you discussed this earlier what she said on the sunday talk show, he wasn't a p.o.w. this was a hostage. and the idea that we now will trade for americans whether military, whether they be diplomats or citizens this is what the citizens want to do. what we saw with the hijackings in 1970s now we'll see with american citizens and american military personnel and american citizens and american diplomats are even in more danger. but to grab somebody in london, grab them in paris, grab them in amsterdam, that's going to happen and every american should
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be terrified about that. >> what are your sources saying about their thoughts about sergeant bergdahl, because his defenders point out he was promoted twice while he was in captivity although our pentagon sources tell us that is standard, unless you determine in advance he's a deserter. nonetheless one of his platoon mates on another network tonight suggested that prior took held captive, prior to going missing he said within days of bergdahl's disappearance, teams intercepted radio chatter and other chatter indicating an american was searching for taliban members that spoke english and he said this. >> actively seeking out the taliban, at least we know that. and, yes, over the next couple of months all the attacks definitely were far more directed. >> what your hearing? >> well, i'm hearing that when he was found by the haqqanis it
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was a happen stance situation. he was found what was described in two or three afghan soldiers and used a word meanings intoxicated. there's conflicting things we're hearing and i don't know how soon after he failed to appear for muster the haqqanis picked up on this. you have made the proper distinction, bowe bergdahl was not held by the afghan taliban, he was held by the haqqanis. in my article on the blaze i describe the haqqanis 80% sopranos and 20% taliban. when the haqqanis captured david rhodes they wanted money. if the "new york times" wants to pay a ransom that's between you and the "new york times." when the haqqanis were told no
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prisoners the haqqanis upped the money they wanted from the "new york times." what doesn't make sense, if you had a hot scoop you wouldn't give to it cnn and say i'll give to it you but make your you promote five people over at msnbc. the haqqanis got nothing out of this deal. there's got to be money here. whether the white house directly paid the haqqanis or caused it through a third money. there's money here and they need to be pressed on it. >> brad thor thanks for being here. coming up, she's a republican candidate running for u.s. senate in south dakota and said she was attacked by left wing -- by some in the left wing in hateful online comments. wait until you see what she incident response. plus a story you have not heard. of our own special reporting bret baier that changed his life forever. don't miss this segment.
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strength from within our own fox news family. special reporter bret baier has a new book out today called "special heart." it chronicles his life successes and good fortune but then the story takes a challenging turn. hours after brett and his wife welcomeded their first child into the world doctors had some alarming news for them and what a journey it has been since that day nearly seven years ago. joining me now, my friend and election night co-anchor, bret baier. great to have you here. i remember it very well because you and amy had paul. you sent out the typical e-mail welcoming in the world and shortly thereafter we received an e-mail, my husband and i dated july 1, 2007 not as we expected. thank you all for your kind words and good wishes after the last e-mail. now we would like to ask you for something else. your prayers.
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>> yeah. that was tough. tough time. we had the moment where we had this blissful 24 hours with that. when you meet your new addition and a nurse noticed he was turning pale. they took him for tests. they thought it was a bacterial infection. they called in a cardiologist. he diagnosed him with five defects. he had to go for an operation right away. >> paul needed emergency surgery. so you wound up going with him to another hospital and amy who had just given birth had to go home. she wouldn't up going home. you talk in the book, write in the book about her trip in that car next to the empty car seat and going home and what you heard in the nursery down the hall. >> we had this moment where we were getting ready to bring paul
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home, and we had planned for the car seat from the beginning. then we had this news and he went to children's national and she had to drive in that car with temple ti car seat back home. when i finally made it home paul was in the intensify cardiac unit. i left him. we were going back in the next morning. i heard her sobbing. she was pumping her breast milk. she was sitting in a nursery that was supposed to have a baby. >> she knew the breast milk who make him stronger. you go to the hospital to be with your son as amy tries to recover. and you write about what your little baby was going through. about how he was just a newborn. he was a day old. they are trying to find an artery and couldn't -- >> it was tough. i mean real tough because, you know, they are amazing what they do but this little -- couple day old baby that they are trying to
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get an a-line into an artery line and they couldn't get it, so they kept on poking him and his scream was getting weaker and weaker and i could tell this was going to be horrible and that was a dark moment for both of us. >> the next day or a day after amy comes and joins you at the hospital. she winds up collapsing. the two of you had a heart to heart that day in the hospital. pardon the pun about how you would handle this. >> she became the oldest patient in children's national. and we were in the emergency room. and we held each other and we cried, and then we said, okay this is it. we have to be the parents that paul needs us to be, to create the environment, this positive environment to get through this. so we came up with this mantra at the end of the day, give each of us a high five and saying we're one day closer to getting paul home. >> you talk in the book about the other parents who you encountered along the way and
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the amazing doctor but you talked about in particular a little baby named maggie. >> so, in this you share this moment with families who are in the trenches, in those waiting rooms and we met maggie's family. maggie had been through nine surgeries in nine months for various problems. her family was really wonderful. we bonded with them. the day of paul's first open heart surgery we came in and maggie's family wasn't there and we learned that maggie had died the night before. she lost her battle. and we were really, really hit by that because paul was going in to surgery and we were nervous. i mean so nervous. >> incredibly her parents did something unbelievable. >> we finished the open heart surgery, in the recovery room looking at paul with his hop chest with a bandage over him. the phone rings near the bassinet and the nurse says it's for you. i pick it up. it's maggie's mom and she's
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calling to check on paul. and the strength and the fortitude and the grace to be able to make that call after she lost her daughter is pretty powerful. >> when you talk, the sub title of the book about how it's about faith and hope and courage and love it's not just the love that you experience in your own family and that's well documented in your book, it's the love that you experienced from those doctors, from other families, from others along the way and most of all, of course, the love that is highlighted within the four of you, you and now paul's little brother, daniel as well. i've read this book many times how would i have dealt with this. i particularly asked that when i got to this passage that i want to leave the viewers with when you talked about how you had an overnight stay in the hospital. you write he woke up in the middle of night and asked me daddy why do i have all they
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things. why do i have to do all these things these hard things and all my friend in school don't have to do it. and you said to him buddy because god has a plan for you. you are going to do amazing things in your life. he has big plans for you but he wants to test you first to see if you're up for it and you're passing that test. you're doing great and he looked at me and said okay daddy i love you. bret, it's a story of inspiration and thank you for sharing with our viewers. every dollar in this book will help every child as well. >> there are amazing things that's happening and we're happy and hopefully unanimous expiration to some people. >> i'm so amazed by you and your family. beautiful story of love. all the best. >> thank you. today little paul is a very active athletic and growing almost 7-year-old boy. his parents say that's thanks to the doctors and nurses who took care of him and clearly also thanks to the love that he's received from his parents and
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grandparents and his little baby brother daniel. can you watch the extended version of my interview with bret on his book by going facebook.com/thekellyfile and the link is also on twitter. beautiful family. up next, she's a gop senate candidate who says she's been a targeted with vial attacks by the far left and no word from the women's groups. she joins us live on why that might be. for the most advanced shaving experience. with gyroflex 3d technology, you can get to those hard to reach places for the ultimate shave wet or dry. guaranteed. visit philips.com/fathersday now to save $50.
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their message is clear. conservative women are fair game. if you are a female and a republican, anything goes. >> that was south dakota republican senate candidate annett bosworth who had hateful and sexist comments written about her. she addressed them head on while standing in front of a display of actual slurs that artists spray painted on her campaign signs. she joins us live tonight. annett, thank you very much for being here. i want to start with the breaking news from the associated press that reports you have lost your race and that former south dakota governor mike rounds has prevailed in the gop primary. your thoughts on that and then we'll get to the controversy. >> well, that's news to me. i didn't know that. >> really? >> you know, it's been an amazing -- i didn't know. so i found out on national television. you know, megyn, it's been an
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amazing race and very important that the south dakota shows the country about getting behind the republican in south dakota so that we can get harry reid, get him kicked to the curb so the next step of this race is to support our republican primary as much as that's disappointing to me. >> sorry to break the news to you. the former governor is said to have a good chance as far as the gop field goes. i want to ask you about these attacks against you and whether you think it is a republican versus democrat thing when it comes to women. >> well, i don't know that republican versus democrat. i don't like liberals whining about being victims any more than anybody else. i did notice from the beginning of this race i was treated differently than my pale counterparts. for example i'm a doctor.
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but i'm also an expert, leading expert in the country on electronic medical records. so much so that i've been invited to the white house for that skill. now not invited to the white house since i pointed out the criticism to obamacare. but i wasn't asked by any political reporter about that skill set. why is that. >> my apologies. all the best to you and the audience. we'll be right back.
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>> set your dvrs, six of bergdahl's platoon members on what really happened that night. welcome to hannity and this is a fox news alert. more and more details don't emerge about the night that sergeant bowe bergdahl reportedly walked off his base and was captured by the taliban in afghanistan and tonight sources are telling fox news that bergdahl left a note explaining he's disillusioned with the u.s. army and in particularly being an american. despite the growing questions surrounding bergdahl's capture in 2009 president obama defended his administration's decision. let's take a look. >> regardless of the circumstances, whatever those circumstances may turn out to bewe
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