tv The Kelly File FOX News June 16, 2014 9:00pm-10:01pm PDT
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inappropriate targeting of conservative troops lois learner becomes the face of that scandal. requesting all communications sent or received by ms learner that would encompass the time of the deleted e mails, lost e mails. the committee repeatedly keeps asking, almost a year later may, 2014, lawmakers say irs finally agreed to turn over all e mails, but just about 30 days later, friday, june 13th of this year, friday afternoon, anyone, irs now claims, they're gone. january 2009, to april, 20112 years worth of e mails deleteed and swear they're not recoverable. lawmakers are now outraged and
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noting irs now claims it cannot produce e mails to, or from lois learner and outside agencies they can go to other employee buzz for lois' communications with treasury, doj, federal election commission, or offices of top democrats, no, sorry. no. and this is time for a special commuter, some are demanding and we have chris etstierwald with. chris, when i first heard this, i thought sure, sure. a computer problem. i saw the ex-mails that there was a%wq computer problem in august, 2011. and the question is whether as
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irs is now claiming that now the doj is involved, american people are involved and someone can't maybe go higher than it staff and actually get the data off of the servers that we all know exists >> counsellor, would you have accepted that in a trial? you would have gone to the nsa if you had to. you would do whatever is necessary. we have toremember, it's important about why we care. this is not a story of bureaucracy run amuck. we hear those stories all the time. it's a standing complaint and what we're talking about here, al gayings levelled at the obama administration is that with
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intent to block the effectiveness of the president's critics in the 2010 and 2012 elections these groups were stifled, harassed and thwarted from the goal. that is the most-serious charge possible. >> yes. when i look at the corresponds irs telling congress ms learner had a computer glitch, they're, they seem to be phrasing it based on the investigation the irs did at the time revealed she had hard drive problems they claim servers, they rewrite themselves every six months so everything would have been lost. computer experts telling us across the board that is not true. that is not the way the federal government works and servers work. r the question that i have for 1bz is this friday document dump,
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chris, by the way two years of lois lerner's e mails, sorry. >> sometimes, when there is so much to sniff aroma can get lost in the process. this administration had a pretty clear strategy of standing and waiting. what do you do? people demand and must have a special prosecutor on this. i mean, remember, fast and furious? do you remember, at this point they'll have to do something to answer political pressure. they never do. what they found out is that if they stay -- it's like they found a bear in the kitchen. if they just stay still, perhaps they will lose interest, move on, go away. the problem here, and what may be different here is that lois lerner and others may have
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individual interests that supersede political ambitions of a lame duck president. i don't know. >> now, the other way to get the allegedly deleted e mails they can go to the white house and say give us everything from those two years. are they likely to cooperate with that? >> the key period of time is, matches almost exactly with the period of time in which the e mails went missing becaus5h4,%ç know what we want to know? what we care about? communications between lerner and democrats and democratic political operatives before those elections. and we'll just wait and see, i guess. >> those are the e mails now missing. thank you, chris. judge napolitano is with me now as well. so, judge, in a litigation, this happens when you, you know, you go after someone's e mails computer
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glitch doesn't get you off the hook. there are servers and cyber space. listen to morgan wright, a computer expert talks about how this will be a piece of cake to recover. listen. >> it look like they just use standard software techniques maybe got a hold of criminal investigative people but there are a lot of data recovery firms out there. this would have been a piece of cake to recover the data. >> one of the best data recovery is the federal bureau of investigation that can recover almost anything. there needs to be a way to look for the e mails the amount is entitled to confidence in the government right now so people watching us, ordinary americans it looks like the irs has willfully destroyed evidence. i don't know this is true but this is the way it looks in order to avoid revealing embarrassing violations of the
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law chris stierwald says it's some of the most-serious in america, because the -- >> if they did destroy evidence, what would happen in court? what, if that can be drawn? >> if that could be proven it would be a felony but the government has a legal, as well as moral, legal obligation to preserve all documents. inference that could be drawn that the material in those e mails is damaging to the white house and irs people who -- >> did the judge instruct the jury in this case, you would instruct the jury about what would you instruct them? >> i would say to the jury in the criminal casezthn there coe no inferences against the defendant. if it's a civil case, if someone is suing the irs. people denied tax exempt status, i would say if the irs has not
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produced evidence during the time period, you may infer from the irs's silence that if they did speak their words would incriminate them. that is the worst thing they can want. >> that is what everybody is wondering. if they deleted the e mails or if she had a fwlich and now, decided not to work hard to retrieve them. what is in those e mails? >> i would never be the judge in this case because of my political views but if i were, i would say you, your honor, look at the e mails to the white house and decide >> you make them go do this. >> absolutely. >> and you can't rely on willy. some girl, guy named willy in id department. >> this caused richard nixon to resign when the judge looked at tapes, when he looked at tapes and documents in private and said you revealed this. i decided this has to be revealed today a federal judge would read
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e mails and would decide what would be revealed. if the white house says they don't have them, there is another branch that has every e mail sent or received in the united states since 2009. nsa. >> good point. interesting place for this investigation to go. judge, good to see you. >> pleasure. the army this weekend launched real investigation into sargeant bowe bergdahl. just ahead what they're looking for and why it matters a lot. >> a brutal terror group gets hands on a very dangerous piece of american-made firepower. this just happened. next. with what it means that the man called the next bin laden now has our stinger missle, capable of shooting down civilian care craft from two miles away. i spent my entire childhood
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. breaking tonight. the state department is pulling hundreds of staffers from the u.s. embassy in baghdad has the terror group controls more of the territory around the capital city. not only are we getting reports the group may have executed hundreds in recent days as well as the massacre they put online and bragged about, today we learned the same group may be in possession of american made fire
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power, stinger missiles. they are powerful enough to take down a commercial airliner. with us now, retired air force gentle. also a fox contributor. thank you both so much. general, explain the stinger missile and importance of them getting their hands on them? >> it's called a man pad. it's shoulder mounted. it's effective u.s. made and can be lethal against aircraft if you do not have what we call decoy flairs. if you've got decoy flairs and aware they're in the area, most fighter pilot, u.s. fighter pilots can handle them. it changes the name of the game. for the first time in the last 11 years we may now see a
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potential ground to air threat. >> this is so disturbing. it's on the heels of reports last week they have our humvees we provided. they're cutting and running buck. they're cutting and running in part because of the brutal massacres we believe we're seeing on the streets of iraq. this group is claiming all sorts of terrible things and posting terrible documentation of it. the state department is condemning it horrific but not confirming it's happened. >> they're using fear as a weapon as they have in the past. even before these man portable missiles, shoulder fired missiles, before the report today it's likely this group al qaeda, iraq, syria may have already had access to that very kind of weaponry. not necessarily the american made but the sa 7 for example because of shoot downs that occurred in syria. we know the al qaeda affiliate
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has use had the against helicopters and fixed wing air crafts as well. they probably have this. one of the biggest assets of the iraqi army or air force is a superiority. if they have this cash of weaponry, it means one of the biggest tools maliki has is not null. the army is petrified. >> we're sending troops to help guard the embassy. apparently they were considering becoming bff's with iran. our secretary of state john kerry said we're not ruling out possible military cooperation with iran in iraq to defeat crazy al qaeda affiliated
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insurgents. should we do that? >> very bad idea. the last thing we should do is complete closeness between iran and iraq. for the last year, the administration has been in, iranians has had key people in every area of maliki's administration. this would increase it. we do not want to increase the presence of a crescent meaning the a rain yiranians dominating peninsula. i strongly urge against it. >> a lot of people here may be thinking better than us. if they want to get involved in iraq, better the irani military than our guys. >> that was the famous phrase when iraq and iran were fighting a brutal war. in this context you have iran already involved going to become more involved. >> they were involved killing
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our guys. >> they were involved in the conflict killing our guys and backing death squads in baghdad and areas killing civilians and sunni terrorists. iran's hand is in this, directly involved. don't forget the sunni state as in the region, places like saudi arabia and other gulf countries, they will be backing the same countries we see. this is a proxy civil war. that's what's happening. >> basically iran backs maliki and his shiite people. then the sunni insurgents are against them. al qaeda folks are trying to exploit that relationship. let me ask you this. does iran's willingness to jump into iraq make you more or less likely we should take a bigger investment there? >> well, i think we need to take a bigger investment. now i believe that air power can do it and do it quickly. it would be nice to have boots
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on the ground for the air power. the people that call on the strikes. i spent a year as a air controller. we don't need to have people on the ground. if we use air power appropriately we can hit city, open highways, in a lot of places with our real time intelligence. so the one thing i do to the want to do -- and it's a close call -- is turn iraq over to iran completely. i think we need to stop this isis group trying to sweep across into iraq. clearly -- and it's a close call -- until maliki gets his act together, i think the administration has every reason to be very concerned about what's going on there. we need to -- >> i've got to leave it at that. gentlemen, thank you both. obama administration taking fire
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from the left and right. the film maker argues the president planned for this to play out exactly in this fashion. his theory is ahead. hear how one va facility thought it found out a way to prevent vets from watching us. >> it was beyond amazing. fox has been heavy on the government things that are coming out in a negative way coming out in a negative way especially the when it comes to good nutrition...i'm no expert. that would be my daughter -- hi dad. she's a dietitian. and back when i wasn't eating right, she got me drinking boost. it's got a great taste, and it helps give me the nutrition i was missing. helping me stay more like me. [ female announcer ] boost complete nutritional drink has 26 essential vitamins and minerals, including calcium and vitamin d to support strong bones and 10 grams of protein to help maintain muscle. all with a delicious taste. grandpa! [ female announcer ] stay strong, stay active with boost.
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that cannot stand. the president himself megyn knows is incredibly powerful. that's why he exploited it. >> well for the last few weeks we have been tracking the investigation into serious failures in the health system and whether they cost the lives of veterans. finally one administrator at a hospital felt he had enough. it was the coverage. trace gallagher picks up the story from there. >> claims this was a fight over the remote control and had nothing to do with our coverage of the current va scandal. fresno veteran heard fox had been blocked at the va. he wanted to find out for himself if it was true. listen to him. >> an employee came by. i said can you do me a favor. there's a story coming up on fox news i'd like to here. would you switch it over.
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he went over and said sure. i believe that's 17. three times it jumped over 17. he said i guess we don't have it anymore. >> that's when he notified fox. blocking fox brings up a censorship issue. the hospital says it was simply a misunderstanding. listen. >> we have various diverse personalities. a lot of veterans complaining about one news station or the other. the intent was to be fair and take all news stations off. >> fair and equitablequitable. all stations were not taken off. only fox was blocked. va told us today it was a mistake made by an employee of the hospital and never hospital policy. is fox back on the air in the va? nope. now all news stations are gone.
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from here on it's only programming. >> sure they're vriveteing to. that. >> 17 was the channel to get. if you don't have it, demand you get it. deon knew. trace, thank you. you know what, we'll post it all on facebook.com/the kelly file. get us there. we will not be denied. coming up, breaking details on tornados rip ago cross the plains. new develops on bowe bergdahl's transfer back to the united states and investigation launched of what happened when he went missing from his base. up next, what they're looking she's still the one for you. and cialis for daily use helps you be ready anytime the moment is right. cialis is also the only daily ed tablet approved to treat symptoms of bph, like needing to go frequently. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain,
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from the world headquarters of fox news, it's "kelly file." >> after weeks of controversy over a deal to swap five top terrorists leaders for an american soldier held hostage, the army has launched an investigation into how the soldier was captured. he went missing in 2009. there were suggestions he walked off the base, perhaps trying to find the enemy. the u.s. army has named the two star general now to lead the investigation into bergdahl. joining me now on what happens next is jeffrey king, a combat
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veteran himself and former lawyer for the marine corps. thank you very much. i know you did prosecutions for the marines and now defend people. you've been on both sides of the criminal courtroom. the question here is first, the general, major kenneth dahl. a member himself deployed to afghanistan. good guy, trustworthy? >> i don't know. it's incredibly unusual to appoint a general to conducted an investigation typically. obviously this is a lot different. media has grabbed it. there are national security implication. >> what do they normally do? >> what's that? >> why is this so unusual? >> because backing up in 2009, when an investigation went on back then, investigating officers were appointed.
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it can be any officer. typically it's a lieutenant or captain or major. >> they brought in the big guns. okay. here's my question for you. is this general -- they're saying first of all he's not allowed to talk to him until he's completed his recovery. we know he's seeing mental health professionals everyday. how does this general go about building trust with bergdahl and getting to the bottom of what everyone is wondering which is a, whether he desserted and b, whether he now is some sort of secret haddist as reports have suggested. >> there's a lot of other pieces into the investigation outside of just questioning sergeant bergdahl. they'll go back and reinterview members of its unit. chain of command, family. they'll probably send people overseas to interview people there in afghanistan. he's made statements. they can get that communication
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started. with respect to sergeant bergdahl, the first step is when doctors and mental health providers there determine he's no longer going to be a danger to himself or anyone else, once that make that determination and he's given the option to go out in the free world so to speak, it will be up to him whether or not he wants to answer those questions. >> really? >> they'll approach him. well of course. this is a criminal investigation. they'll give him his rights. they'll say you have the right to remain silent. >> what if bergdahl does speak and says best case scenario for him, i did not dessert. i'm being unfairly accused. you have the members of his platoon saying yes, he did. they said to me, so what, he says i didn't do it. that's the end of that? there needs on a fact finding. if there's two sides to the story, will there be a trial of this man? >> i think so. if there are two different sides
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of the story, what's going to happen is the investigation will be completed. that investigating officer will form opinions, give that to commanding general or secretary of the army today who will make a final determination of how this goes forward. the first step i imagine is article 32 investigation to look into the alleged misconduct of sergeant bergdahl. >> i understand testimony will be under oath if that do that? >> that's correct. >> quickly, yes or no do you think he will face trial for desertion? >> it depends on answers to questions are. depending on him saying he's not a desserter, yes, there will be a trial. >> thanks for being here's. >> thanks. breaking news in an extreme weather alert. we're now getting new video after severe weather. look at these pictures. massive tornados ripping through parts of northwest nebraska. one person so far reported dead.
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16 others seriously hurt. our fox news senior meteorologist janice dean is here with the latest. >> that is going to be in textbooks in years to come. in my lifetime, i have not seen twin tornados quite this like. there it is in nebraska. it's so hard to have these two strong mature tornadic cyclones so close together. it just rarely, rarely happens. it cut that town in nebraska in half. we have winds probably of 175 to 200 miles per hour. catastrophic damage. search and rescue crews are still on scene in nebraska. that is going to be ongoing throughout the evening and of course dark has come. it's going to be really hard for rescue crews. you can see the damage. unfortunately when sunlight comes up, we're going to see more damage like that in the town and areas to the west and
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east of that. i mean, this is an incredible event that's unfolded just around 4:30 eastern time. unfortunately we have severe storms in nebraska, iowa, in towards minnesota. tornado watches particularly dangerous situations here for nebraska. we saw that twin tornado move through. we have several tornado warnings. doppler radar here for parts of iowa, north of waterloo, independence. this is an ongoing investigation. a historic event for folks in nebraska. >> those pictures are unbelievable. >> i've never seen anything like it. >> good to see you. up next on the "kelly file." see why a growing number of people are saying president obama campaign promise to transform america is actually happening. we have that next.
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we are five days away from fundamentally transforming the united states of america. >> well that was president obama five days before the election promising to transform america if elected. as we watched dramatic political events play out at home and overseas, a growing number of political writers are suggesting the president may have made good on that promise. we have author of the new book "america. imagine a world without her" and film "america" opening nationwide. a column with an interview with a conservative military affairs guy who said as follows.
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everything that made us what we once were is under attack. he said culturally, in elementary school, filth in entertainment industry. if that is true, is that the evolution of a country that is maturing in some ways badly and some ways well, or is that to be blamed on president obama as he suggests? >> well i think obama is an important part of the picture. obama talked about remaking america, i think what many americans missed is that in order to remake america, you have to take down the america that's here now. in other words, if you can't remake a bridge without taking down the old bridge. obama really didn't mean he wanted a fundamental transformation. >> why? what was it about america he wanted to change? >> well i think obama comes out of a generation -- this is a generation that began to be formed in the 1960s.
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it had a different view of america than earlier generations. its view was america is a force for evil. you can say this group believes in american exceptionalism. instead of believing we're exceptionally good, they believe we're exceptionally evil. you have a president that views his job of curt tailing his own country. you will try to shrink america's power around the world. a lot of people make the mistake thinking obama is a bungler, inept, doesn't understand the world situation. he is perhaps the best informed person in the world about what's going on. he understands it. that's why he's doing it. he's trying to achieve the objective of shrinking america's power in the world. >> do you think this is particular to barack obama or pin this on the left? in other words if wove hillary clinton as president after
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barack obama, do you think they'll be like minded? >> i think first of all, this is not something we saw in previous democratic presidents. no one would expect truman or kennedy. we now have a president that has a different view of america that most americans, republican or democrat. with hillary, i think it's little bit of open question. she's been an instrument of obama serving in the obama state department. i personally believe she's more like obama than she is like bill. so americans who believe -- >> if people are to believe president obama -- when i hear you talk, it sounds you're excusing him of being anti-american. if he were anti-american, didn't love this country, why would he want to be president of it? >> well, look at it this way. it's not that obama hates america. it's not that he's trying to take america down. if i was in a family and i
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believed my dad was some kind of serial killer or child molester, i would still love him. he would be part of my family, but i'd do everything i could to prevent him from doing evil actions. i would think that would be good for the world and for my dad. obama believes he's doing the world a favor and america a favor by controlling this elephant that is the united states. >> so obama is the child molester in this. i think we may have jumped off the deep end. >> i think obama sees america which has had disproportionate power in the world since world war ii. he thinks we invaded iraq and afghanistan. he looks at people fighting against us in a way freedom fighters trying to liberate their own country from us. >> a lot have said that openly. that's not completely unheard of. some on the left believe we've been swaggering around like a big bully to our detriment and
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we need different foreign policy. we've seen that with this president, consequences as well. good to see you. >> my pleasure. up next, the white house is getting new pressure to act on the case of the woman sentenced to death for her christian faith. wait until you hear the update we just got. tony perkins is next. >> this administration needs to find its voice for two children who will die if this administration does not speak out on their behalf. if this president is content with the blood of small children with the blood of small children on his hands, i spent my entire childhood seeing the world in reverse, and i loved every minute of it. 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?
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to speak up for someone who has been sentenced to die simply because they were exercising, not an american right, but a fundamental human right to choose their faith. >> that was tony perkins, president of the family research council at the white house rally he led last thursday to free miriam ibrahim, the sudanese woman married to an american sentenced to death for her christian faith. she is the mother of two americans as well. new calls to the white house to act as activist say miriam may be closer to death than we knew. tony perkins joins us now. tony, thank you for being here. the reason for that is she's been sentenced to die by hanging but also sentenced to 100 lashes for not wearing the traditional dress that the sudanese felt she should wear. and that could happen sooner rather than later. >> yes. you're right, megan. the clock is ticking.
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she's been there for six months. she now has a little boy who is not quite 2 years old. may not make it to 2 years old if he's not released. that prison according to the u.n., one infant a day dies in that prison there in khartoum. the little girl is not quite a month old. and, yes, there is uncertainty as to when the lashings may take place. 100 lashes. that in itself could be deadly. but i will tell you, megan, while the administration has yet to find its voice on this members of congress have been speaking out not just publicly but privately. through of the course of the weekend i was in multiple conversations with members of congress who were working with sudanese officials to let them know just how serious this issue is. >> right. >> and that they need to act soon or it could cost them international -- some of their foreign trade money. >> this is a woman married to an american, the mother of -- two american citizens, babies, sitting in that jail right now.
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the question is whether we are doing enough because i know the family does not believe that the state department has done anything, if enough. the state department seems to be suggesting it has done some things debe hind the scenes. secretary kerry came out saying he remains deeply concerned. he says he's urging the sudanese judiciary because there are cases on appeal and and urging sudan to repeal its laws that put her in jail in the first place. that is not likely. >> and it's not. his statement which he released coinciding with our rally on thursday was troubling in that he failed to recognize that she was married, married to an american is it citizen and two babies who are eligible for just a matter of processing american citizenship. again, this is a deadly prison. all she was doing was exercising a human right to choose her religion as a christian. now, the sudanese government in the last four years has received nearly a billion dollars in aid. members of congress who have been working on this have told
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me they have been communicating very clearly that this could cost them their foreign aid dollars if they don't act. megan, even though there's been coorsening of the western civilization we still old women and children in high esteem and value them and are very sensitive. this is not going over well with the american public. we have almost 50,000 people have signed the website, the petition at the white house website. >> halfway there. >> frc.org. >> frc.org/sudan. >> let me challenge you on this. some are saying this could backfire. if we polite size the case it could backfire because the people in sudan who don't like america could say, you know what, the big america wants to push us around, umph to you. >> you know, certainly that is -- there is a school of thought that would say that but based on the conversations that i've been a part of, in fact, today i have based on a statement by the ambassador, the
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sudanese ams bass door to america last week said the sudanese officials would be willing to meet with national leaders. i communicated with them sent a letter saying i will take you up on that offer. i'm interested in sitting down and talking with you about this as are members of congress. they underestimated the american response to this. again, megan, we still in western civilization put a much higher value and esteem on children and women than they do in the islamic culture even if she had committed some minor crime. but we're talking about a woman who her crime is she's christian. we will continue to follow it. >> thank you, megan. they're. >> they're in prison right now. a big night for the red, white, and blue. we explain why in moments. plus, tonight on "hannity." >> this is a great country. you're trying to tell me we can't keep people from coming into our country if you really have a desire to do it? i don't buy it. and tea parties.
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in case you missed it, victory in game one for in case you missed it, victory in game one for team usa. the americans defeating ghana 2-1 in their world cup opener in brazil. it was a bit of revenge for the red, white, and blue, because they knocked america out of the last two world cups. the u.s. battles portugal on sunday. and that big win is trending on facebook and twitter. follow me on both, including me on my new facebook page. tonight, i said it would never happen but it did. a picture of the real me without
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the bells and whistles. i said a week ago it wouldn't happen. also, a behind the scenes look at getting ready for the show. thanks for watching. i'm megyn kelly. see you tomorrow night at 9:00. welcome to "hannity." this is a fox news alert. chaos around the globe. tonight, we'll be bringing you breaking news right here on "hannity" all night. but first, extremists are gaining ground in iraq. the sunni militant group knowns a isis continue their takeover of major iraqi cities as they make their way closer to the capital city of baghdad. the u.s. is ramping up its presence in the region. moving four navy vessels into the persian gulf providing additional options for the administration if they decide to intervene. although they said they would not put boots on the ground. earlier today, the a.p. obtained disturbing video which allegedly shows isis militants taunting iraqi soldiers right before the assassinate them. we bring
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