no further comment. that's it for us tonight. please check out the fox news factor website. please spout off about the factor, o'reilly at foxnews.com, word of the day do not be turse. megan is next. the spin stops here. see you next time. breaking tonight, the growing crisis in the middle east is getting worse with thousands of americans in the path of a brutal terror group and they may not be able to escape. welcome to the "kelly file", everyone. i'm megyn kelly. at this hour, the most significant foreign policy crisis of the last two years is at risk of spiraling out of control. the world's most salve individualed group of terrorists is consolidating power and gains over a third of the country of iraq. and starting to circle the capitol of baghdad. it's consolidating stockpile of missiles, firearms and military vehicles, many of which are american made. they have a half billion they

stole from the bank this week and the command and control discipline of a regular army, which now includes several hundred prisoners they busted out of iraq's worst jails this week. we have unconfirmed reports this group has carried out hundreds of gruesome executions. eyewitnesss describing mass beheadings in the cities it has captured in just the last 7 two hours, and this is not, i repeat not just an iraqi problem. tonight, there are thousands of americans still in baghdad. many we are told feel threatened at this moment and want to get out. but a senior defense official tells fox news it is quote too politically sensitive to evacuate our own embassy. while all of this plays out, the commander in chief is on his way to california tonight for fun raisers and golf in palm springs. before he left, he made a statement on the south lawn of the white house. here is part of when he said.

>> we've seen significant gains made by isil, a terrorist organization that operates in iraq and syria. this poses a danger to iraq and it's people and given the nature of these terrorists, it could pose a threat eventually to american interest, as well. we will not be sending u.s. troops back into combat in iraq, but i have asked my national security team to prepare a range of other options. we can't do it for them. so the united states will do our part, but understand that ultimately, it's up to the i rockies. we'll monitor the situation in iraq carefully over the next several days. we'll continue to keep the american people fully informed. >> a big night of coverage starts with charles kraumthammer. >> we have been waiting to see what the president of the united states will say about this major

crisis and he comes out and says i'm thinking about it, and i'll have a decision in a couple of days. i mean, this is quite amazing. this is quite remarkable. either make a decision and announce it or don't make a decision and let the world know when you actually decide. the fact that, you know, he's asked his staff to bring him options, every president is brought options by a staff. you don't have to go out and make a speech about that. it's as if he's learning about the presidency. he should have options. now the only ex tcircumstance h he said we'll wait and see how the maliki government acts because it alienated the sunnis and set up this situation by being very sec tar ybe

beibe being secratarian. he wants to make a gesture to bring the sunnis back to show you will try to govern with them the way you did when he were here before i think unwisely evacuated iraq in 2011. >> just so the viewers don't get lost, maliki has not been treating the sunnis well and it create yited an opportunity for al qaeda linked sunni fighters to come in, exploit the sympathy of the sunnis and basically take over some cities. >> saddam was a sunni. they ruled iraq even though they are 20% of the country. we came in and got rid of him. we established a democracy and the majority, the shiites came to power for the first time ever. >> right. >> the problem is maliki, oppressed, persecuted and instead of reconciling with

them. to go back to obama. the only justification for saying we're waiting is we're waiting to see if maliki will make a gesture of openness to the sunnis because otherwise the president is right about this, in the end they are going to fail and they will fall to this insurgency. >> the thing is, charles, we were told, we were told that the white house was caught off guard here, that they had been monitoring it but shocked at how quickly this terror group made such gains and yet then the reports came out that the intelligence community warned the white house in the spring that this is moving faster and this group was more dangerous than they believed and now some are saying we needed to pay attention back then. the options are very limited now because we apparently didn't do whatever it was the community was do back in the spring. >> i think that is very true. the rebels, the sunni extremist are in control of the second largest city in iraq mosul.

there is no way we'll reverse that. that probably is at least for the next short to medium term, summing that we'll remain a fact. so that part of it, which now gives the terrorists, it gives this radical offshoot of al qaeda, the largest territorial gains it has ever had and control today of the largest city. >> it's the same thing that happened in syria, where there was an opportunity for something to be done. we didn't do it. now a group that's extremely radicalized is in control of some american facility or weaponry and consolidating that isis stands for syria and iraq, syria fighters and iraqi fighters and they seem to be beginning of the islamic state that is dedicated to kill canning americans and they have got 5,000 or at least a couple

thousand of them in iraq right now. >> they are dedicated to killing all infidelities and they have started killing infidelities. they get in the city of mosul and the first thing they do is to burn the syrian church. these people will destroy everything that is not a reflection of their own radical ideology. as you say, why did the demonstration ignore the intelligence reports? because this president has been preaching for two years now, at least, especially in the election year of 2012, the tide of war is reseeding. which is completely false. war is accelerating. accelerating in ukraine. accelerating in syria, accelerating in iraq. what obama says is america is reseeding, america is retreating and gave the false impression that we, which we are supposedly the causes of these wars, once we retreat, everything will be

okay. it's precisely the opposite. he withdraws us prematurely from iraq and leaves nothing behind and what we get is a vacuum being occupied by iron on one side, shiite ge jihads and now group isis on the other side. two devils, different stripes, and that's what occupies the space when america leaves. >> charles, thank you. >> pleasure. we'll continue to watch what happens with our embassy in baghdad. it's one of the biggest but one of the most secure we're told and that's where the vast majority is we believe tonight. we're learning more about the leader of the terror grown up, the new bin laiden. it turns out he had been in u.s. custody until 2009 over in iraq when he was handed over to the iraqi government as part of our

troop draw down and then he was released. now he has led this effort to create an islam nation state ruled by harsh radical islam law and dedicated to killing quote none believers and spreading its power as far as it can. ken king is the former commander of the prison where that man was held until his release in 2009. ken, thank you so much for being here. it must -- it must stun you to see that somebody who is in our control and custody that we let out, we gave to the iraqis and they let him out is now leading the most disgusting viral terror group we've seen in recent history. >> good evening, megyn. thank you for having me. yes, i was at the detention center there, in fact, we closed it back in 2009. i was on the flight when we trns

forred him north to baghdad for final transfer to the iraqis. we built a very solid case for detention with -- regarding him, and we handed over to the iraqi judicial system. their law was immature at the time and their decisions to let him go while personally disappointing i have to respect the decisions of a solgovernmen >> he left a warning for you, ken, before he left. >> yes, ma'am, he did. we did not release any detainees from the camp. we transfer them north to baghdad for final transfer or release to a facility. he knew my unit. i commanded a military police battalion out of new york, was blessed with 500 fantastic nypd

and even 500 sailors with me. they did a great job. treated the prisoners with dignity and respect but when we handed them off, he knew we were from new york and he knew he would get out. as he left, he told us, he told me and the soldiers around me, i'll see you in new york. >> that is just chilling. >> so -- >> back at that time and i understand we had no, we were leaving iraq and this is pursuant to the deal, we would turn them over to a legal system that was nowhere near capable of handling them so there was pressure on the camp over not treating the prisoners right, there are too many of them, they need justice, let them deal with it and now we have one of the worst terror leaders we've seen in decades. do you see any similarities there, ken, as we see five four-star generals of the taliban being released from afghanistan as we're being told we need to do something about gitmo, too, it's not right how

we're treating them and so on? >> i mean, like i can't comment on gitmo to be honest. i've never been to guantanamo bay but in bucca, my battalion was there and i had a navy battalion and five and six, 500 great sailors had a bunch of reservists with me and we treated every detain knee with dignity and respect. we double checked, rechecked. >> you're a decorated soldier. you're not here in your official capacity but you received several bronze stars and purple hearts but we commend you for being on. president obama freed prisoners with ties to al qaeda and their september 11th attacks. all five of these terrorists had ties to al qaeda before captured plus, it is likely that the 9/11

attacks that killed 3,000 americans may never have happened without the help of this murderer. one of the terrorists who is now free. our chief intelligence correspondent explains. >> megyn, according to the 9/11 commission and military files in the week before the 9/11 attack, the taliban and al qaeda began neutralizing opposition in afghanistan. on september 9th, 2001, the leader of the northern alliance was killed by an al qaeda suici suicide bomber. on september 10th of consulting with a senior come can bander began a major military offensive. the following day with the u.s. backed northern alliance and the threat of retaliation reduced, 19 hijackers took over four jets and murdered nearly 3,000 americans. >> there is a lot of discussion between the two.

one of the things you have to do is look at the buy ogden fees of these guys and it becomes very clear that all five were very closely tied to al qaeda prior to 9/11. >> this week, mrs. clinton and other officials downplayed the risk of transferring the men. >> these five guys are not a threat to the united states. they are a threat to the safety and security of afghanistan and pakistan. it's up to those two countries to make the decision, once and for all that these are threats to them. >> while none of the documents comes close to suggesting they knew about the plot in advance, in the administration's rush to transfer the men, they may have freed a man that facilitated the 9/11 plot. >> thank you. those five terrorists were traded for sergeant bowe bergdahl. he spent his first day back in america after five days in captivity. he arrived at a military hospital in san antonio, texas

this morning beginning the face of his rehabilitation. they say he is making progress. >> he is a normal healthy person that survived. >> he appeared like any sergeant would when they see a two-star general a little nervous but looked good and soluted and had good deportment. >> lieutenant colonial ralph peters. good to see you. what we're being told is bergdahl said he was locked in solitary confinement for two years and didn't see another human face for that entire time and now he's in stable condition but being evaluated by mental professionals. your thoughts. >> well, administration does not want a court marshall. a court marshall under oath, embarrassing things would come out. they want a narrative, this is a mixed-up but nice young man.

he had a little problem here. he's got some mental frailty, but he means well and suffered enough. they want to slide him through the system without the court marshall. to paraphase hillary clinton, why does it matter? it matters because you can't establish a future president the desertion in the face of the enemy is no big deal. i just feel like we're being taken for a ride with this. now again, soldiers want justice. i personally am perfectly happy. he goes home and he's a biresta and works and even is happy, i guess. what offends me is he is getting better, more specialized care than our wounded warriors, the real soldiers and that is offensive and secondly, our president has never paid such

attention to the family where members of the families of those who died in the line of duty or who were gravely wounded. so i feel this has gotten totally out of proportion. he needs to go before a court marshall and let a military law judge and we'll see. administration wants to give him general discharge and receive him with tax benefits, you watch. >> he's getting the top care right now which is ironic when you consider what's happened with the veterans who served out. i want to ask you this, ralph, the situation in iraq tonight, very, very grave. >> yeah, it's very grave. i've been hearing from friends inside the system they are horrified. they are mortified. the intelligence community is briefing obama and his team for months on this megyn, and a friend of mine was just distraught when he spoke to me. he said we still, as of today, we still cannot convince the president that this is serious,

and another friend -- >> he doesn't want to go back into iraq, ralph. he said we're not putting boots back on the ground and the american people probably don't have the stomach for that. >> the leader's job is to persuade people. we have iranian boots on the ground. what i'm worried about and you mentioned it earlier is that as obama looks away and plays golf in palm springs, we're seeing the establishment of the first terrorist state, a caliphate. i wish i could give you names but i can't. you understand that. there is a chance our embassy will be attacked before obama does a single thing. >> and we're getting reports

those in the embassy are very concerned about their safety but not being evacuated. the way it's been put, it's too politically sensitive to evacuate them. >> this could make benghazi look like chump change. >> ralph, they are talking about this group, this is the "washington post" reporting, death was everywhere, mass beheadings, extremely alarmed about the unfathomable mortality to the al qaeda brand. that's how bad it is. what should we be doing? the president is in palm springs. business as usual but we have thousands of american lives in baghdad right now. >> the president and the president's men and women need to face the reality of this earth, the most intoxicating drug is blood and these people have a taste for blood and they will keep on killing and they will come for us in good time and what could we do?

we need to recognize what is in front of our faces, this emerging terror state and air strikes, drones, drones are pop guns. there are now not 3,000 or 5,000. there are 15 to 20,000 active fighters in iraq because they are gathering militia. this is a real disciplined tough fighting force, and the only chance we have if you're not going to put boots on the ground is air power, air strikes, sustained in depth against their base in syria and iraq. >> wow. the president wants international corporation on this. he called the prim minister a canada today to discuss it. got to go. >> thanks, megyn. we have a major, major breaking story over the irs targeting conservative groups. the ira announced it lost, it lost what may be the most incriminating documents

belonging to the woman at the scandal. two years and suddenly it's lost. that's next. plus the "kelly file" exclusive from the crisis at the southern boarder where the drug cartels are reportedly making a major are reportedly making a major play to take advantage of our you told us your number one olive garden dishes.

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. a developing tonight, congressional leaders investigating abuses at the irs are stunned and demanding immediate investigations after the irs has just announced that a quote computer glitch vaporized an untold number of e-mails sent to and from none other than lois lerner, the woman at the heart of the controversy who said her fifth amendment rights when questioned by congress. katy is a news editor and fox news contributor. they fought and taught and fought and didn't want to produce and now they suddenly, yeah, they were destroyed. >> yeah, megyn, today the irs told the house weighs and means committee and dave camp they don't have two years worth of lois lerner e-mails from jan 2009 to april of 2011. now here is the key here. the irs says they can produce all the e-mails requested from lois lerner to irs employ yeses

and people within the irs. they have said however, that they cannot produce two years worth of e-mails from lois lerner to outside agencies including the white house, department of justice, fec, treasury, and democratic members of congress. so it's very important distinction to make that they -- >> why not? [ overlapping speakers ] >> why? are they saying they don't control the white house so you have to go to the white house for that? >> they are just saying a computer glitch erased half of the e-mails, only the ones going out to outside agencies and so the reaction on capitol hill is anger, chairman of the oversight committee investigating this for a very long time said does the irs really expect us to believe this actually happened. >> a computer glitch. >> are they gone. >> a mainframe system of the entire irs computer heart because computer glitch, if i throw them out, there is a record of the e-mails.

>> there is this thing called the internet where we can search things. >> and there is a legal obligation to retain such things in the course of a litigation or under legal investigation. >> it's very important to point out the double standard is glaring. the irs requires taxpayers to keep tax information for years under the law, and yet, here we are now with the irs saying oops, sorry, a computer glitch happened to delete only the e-mails from lois lerner out of the system to other agencies. we have evidence she was in touch with the department of justice about prosecution for tea parties groups and in touch with democratic members about tea party groups. moving forward, this will be an interesting thing and i don't think anyone is buying that these files just disappeared -- >> i wonder if any tax bills got wiped out in the big commuter melt down of 2014. let's hope so. >> exactly. >> somehow i doubt we're that lucky. still ahead, eric holder

goes after the boy scouts of america and up next, exclusive video from the boarder of crisis where dennis michael lynch says the cartels are running wild. this is about the drugs coming over the boarder now as a result of this other crisis. wait until you see what he found, next. >> you can see the lights on the cars, those are all scouts and they are little dings and got little boats coming across and wave runners and keep going back and forth and that wave runner is bringing over drugs and bringing over people. ♪ don't miss a step... ♪ nothing's missed with tenatwist ♪ ♪ don't miss a beat... ♪ nothing's missed with tenatwist ♪ ♪ oooh discover the fearless protection of tena. so absorbent even when you twist not a drop escapes. ♪ nothing's missed with tenatwist ♪

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7:30 p.m. down here in south texas. i'll show you four things. number one is the bridge, the international bridge from the u.s. going into mexico and got to go through a preserve, a u.s. preserve. right now there is boarder patrol, tons of them in the preserve trying to apprehend the families coming across. move over to the right. you'll see this park. it's completely empty but today, before 5:00 it was filled with boarder patrol and constables. where they have gone? i have no idea. completely empty. this is what scares me to death. over there, you have mexico and that's the rio and you can see the lights on the cars, those are all scouts. and there are little dings and little boats coming across and wave runners and they keep going back and forth and wave runners bringing over drugs and people. so while we're over here trying to get families, we've got everything dangerous coming through on the right. add to that megyn, today during

the day on this whole long dirt pan road, you had boarder patrol truck after boarder patrol truck, there is nobody here now when it matters most when most of the crossings happen. >> dennis michael lynch joins me live. why wouldn't they be there in the evening when everybody comes? >> megyn, let me say this, what i watched over the last few days is so problematic what i'm about to say on your show is the most important thing i've ever said on your show. we have so many problems facing this country, we know them all, joblessness, welfare, national security, so on and so on and as i stood on the boarder and watched the cartels drag over everything they did and saw more scouts on the u.s. side watching than boarder patrol and went to the bus depots and watched thousands upon thousands of illegal aliens be bussed ound like disneyland and being sent

off to somewhere usa is all those major problems just became a major epidemic. all of them collectively and individually. and i can tell you this, i feel that our country and the future of our children have officially fallen off the cliff based on what i have seen. >> you saw it with your own eyes at the bus stations? >> i saw pregnant women, one after the next with a pamphlet from homeland security walk in and get on buses and head off to america. they haven't been tested for any diseases. you know, we were talking about children for quite sometime. let me tell you, the pictures depicted a worse story than it was. these children have witnessed an upgrade. they are psychoed. they feel like they are on the line for space mountain, okay? >> dennis, what we're learning from you and also the former, vice president of the boarder patrol unit told us as well that the children may be a distraction. they may be a diversion.

>> they are. they are a total diversion. i'm telling you, megyn, i'm not exaggerating. i mean, i'm telling you this is a life-changing event for me. i don't know whether or not i have to make more films or start running for office. something needs to be done because the people in dc from both sides of the isle i don't see anybody whose brave enough, willing enough or quite frankly, talented enough to stop this. this is the number one thing facing our nation across the board. i -- our boarder patrol, i met with the boarder patrol today. i met with them secretly. they said the moral is down. the criminals are coming through the country is earth shattering, men are just looking up with women and kids and pretending they are families and we're not checking for anything f. they have criminal backgrounds, we don't know about it. if they have criminal backgrounds to the u.s. and sent to mexico coming back hours later. >> as these agents deal with the

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>> unfortunately, the continuation of a

discriminates against gay adult leaders only preserves and perpetuates the worst kind of stereo types. >> that was attorney general eric holder this week speaking before a gay rights advocacy group and going after the boy scouts of america. criticizing the organization for rules that ban openly gay adult scout leaders, boy scouts can be openly gay but not the leaders. joining us now, national affairs columnist and author of the book oba obama's enforcer, eric holder's justice department. john, good of you to be here tonight. what is wrong with eric holder standing up and making that case? >> well, to compare the boy scouts, a private institution with the military, which is run by the government and immune is a complete disconnect with reality. if the girl scouts were asked to let male leaders go out on a camping trip with girl scouts, people would say that's appalling. there are enormous risks there

because of the attraction. we don't wanted a adult gay scouts out because of the risk it involves is perfectly understandable. last year -- >> that's the implication gay scout leaders are pedophiles. the leaders can be younger. it's basically looking out for that. >> last year the boy scouts had to pay out $16 million, the largest settlement because of a case of one scout leader molesting someone in the boy scouts. so there is an enormous liability here. that's the reason the 1500 leader whose voted on this said we can't take the risk. >> i know bob gates, who is now heading up the organization says look, wouldn't have been my policy necessarily but there is a private group. you have a new book about eric holder and you don't think this is unusual for him to be crossing a line he should not

cross? >> well, in our book and my co-author, we say that eric holder is the most politicized tern general. time and time again eric holder had sided with the president's team and their political priorities rather than the legal priorities. >> is that unusual? do you think that's unusual. >> it has enormous consequences because i don't think previous attorney generals would say we should have traded bergdahl for five taliban terrorists and shouldn't worry about the fact they could be dangerous to american interest asks we should ignore the law that says we should tell congress. >> how does he compare? you think back like on ashcroft, i don't know he was that political. he got incoming on that, too, and that position is such an attack position. >> john ashcroft was not sen toured by the house of representatives for refusing to turnover documents. in the fast and furious case which eric holder was.

eric holder stone walled congress and refused the turnover documents. if regan's motto was trust but verify, eric holder, you trust me but can't verify what i'm doing. the irs is a perfect example. this scandal is being investigated by eric holder. who did he put in charge of it? a top obama campaign donor. this is a conflict of interest that previous attorney generals would recognize the moment they open their eyes. >> we'll see whether he goes after those e-mails that lois learner and the irs lost. >> i will be surprised if he does. >> thank you very much again, obama's enforcer. >> thank you. follow me on twitter at megyn kelly and my own facebook page and then make sure to stay stick with innovation. stick with power. stick with technology.

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but then you grow up and there's no going back. but it's okay, it's just a new kind of adventure. and really, who wants to look backwards when you can look forward?

so i have a new personal

facebook page, facebook.com/megyn kelly. during a commercial break we just took during the show. you'll see it only there. let me know what you think. have a twitter @ megyn canc kelly, thank you for joining us. i'm megyn kelly. this is "the kelly file." >> we met at a dance, he was the first person who ever kissed me. i almost fainted from excitement. >> he packed up mother and me and moved out to odessa, texas. and i always have admired him for his pioneering spirit. >> our dad is probably the sweetest person you would meet. he is very kind and good and