you, tam rachlt thanks for joining us for this special edition of "hannity" tonight. we hope you have a great weekend we'll see you on monday. the o'reilly factor is on, tonight. >> what i didn't hear in that is an apology to this committee. >> i don't think an apology is owed. >> the head of the irs refuses to apologize for losing critical emails tied to the targeting of tea party groups. will anyone at the irs actually be held accountable? we will analyze. from my perspective this is not an immigration crisis is a humanitarian and refugee crisis. >> the left efforts to turn the illegal immigration disaster on the southern border into a refugee crisis. will this open the flood gates for more people to enter the u.s. illegally? >> i would let it burn. iraq is just about to fall

completely. >> as iraq spirals further into chaos, county u.s. afford to sit it out all together? we have a special report. caution, you are about to enter the no spin zone g no spin zone, the factor begins right now. hi, i'm eric bolling in for bill o'reilly. the irs getting grilled on capitol hill. today irs commissioner john faced a grueling hearing in front of the house ways and means committee. the tax agency has been slammed after admitting it lost two years worth of emails from irs official lois lerner. targeting of conservative groups, apparently the irs doesn't think it did anything wrong. >> what i didn't hear in that was an apology to this committee. >> i don't think an apology is owed. there is not saying gel email has been lost since the start of this investigation. every email has been preserved that we have.

we have produced or will produce by the end -- >> -- you don't think the time period between january 2009 and april 2011 is relevant to this investigation? >> it is very relevant. >> meanwhile democrats on the committee wasted no time today trying to discredit the entire investigation. >> have you ever been in benghazi? >> no,. >> how about area 51 in rosewell, new mexico where space aliens ever came. have you ever responsibility for that? >> no. >> have you ever had custody of the president's birth certificate? >>. no. >> well, commissioner. i believe one of the mistakes that you have made in dealing with the committee today is that you did assume professionally that this was a serious inquiry. i believe it is an endless conspiracy theory that's involved here that is being exploited solely for political purposes. >> well, despite democrats' best efforts to sweep the whole scandal under the rug are, can we really still believe that there is not a smidgen of corruption involved here as president

obama put it to bill o'reilly back in february? joining us now is steve laser, democrat strategist and aid for president obama's 2008 presidential campaign. steve, that hearing, that hearing, i was -- my jaw dropped when the democrats started playing that game, area 51, birth certificate. they were making a mockery out of it a very serious topic, don't you think? >> thanks for having me on, eric i have to admit i agree with him. i totally agree this is a trumped up scandal. we can talk about the particulars here. the emails if you want to. >> what's trumped up about a scandal? he would trying to find out if lois lerner the charge of the special exempt groups, she can't find two years of emails. we are trying to find out what happened there. >> at the very base of this scandal you have whether conservative groups were unfairly targeted they weren't. number of analyses that show that liberal and progressive groups were denied tax exempt status at the same rate. i spent nearly 20 years in it, two to three years

recovery and business incontinuity. you would be surprised how many instances you see like this in the private and public sector. >> how what? >> instances where you see lose two years worth of emails. >> once the emails that were lost. don't worry they are on the hard drives. guess what happened yesterday. >> they said they couldn't find the hard drives. >> they lost the hard drives, too. >> that's actually, so when you have a position where you have public data on hard drives, and those people get new computers, you have to destroy the hard drives. otherwise, now you have people's personal data out there, particularly in the case of the irs. their income, their addresses, phone numbers and things like that out therein o00 hard drives, then you would say that you are north doing the right thing to protect people's data. >> there was a hearing and i can't remember who it was that was testifying don't worry we are going to turn over all the emails and that was in ebb if. now all of a sudden in may they can't find the emails or the hard drives. now this gentleman, john says don't worry we have them all. we are still looking for them. >> the root of this problem is the fact that prior to

2013, the irs had an antiquated back up tape backup system to protect its email data and every time -- every six months old data was essentially deleted so, if you lost or had data destroyed, the clock started clicking. six months later if you didn't have that data recovered, it was gone. that's the problem here. they went. >> or the root of the problem is that they just think the american people are fools and we are going to believe anything they are shoveling our way. including we can't find the emails. >> you know what? if they had somehow circumvented the policy that was in place for email recovery and retention, i would say that there is something there to worry about. that's what you typically see when companies or organizations are trying to hide something. and they have actually sir couple vented corporate policy regarding emails or whatever else it is. they actually, this is exactly what you would expect in this kind of situation where data was lost. and more that are six months transpired. >> if i were to use that excuse to the irs, that i just couldn't -- you know what, i lost those receipts.

they were on my hard drive and guess what? i recycled my hard drive. i gold to jail. so would you. >> different types of data have different requirements in terms it of safeguarding them and making sure the information is back up, sure. the irs has critical systems where you submit, you know, your income and the taxes paid to them. they have a different requirement. the irs's emails they are not as mission critical to what the u.s. has. >> someone said what about about all the recipients of some of the emails that lois lerner was sending? guess what happened? they couldn't find those either. >> they actually recovered 86,000 of those. >> not the ones they were looking for. they were looking for eard pooh of time where lois lerner was emailing. the committee wants to know who she was emailing. what she was saying. i will be conspiratorial. i will throw it out there. what if she is emailing the white house. go after the tea party groups and conservative groups because we don't want to deal with them in 2012. >> here is at the very beginning, conservative groups targeted at the same rate liberal and progressive groups were because of the

requirements a 01 c organizations these organizations are not supposed to be doing the types of things they are doing on both sides of the aisle. that's the root of the problem. paul ryan wants to yell at somebody and take some action. he should create a new 501 c 4 organization. >> also part of the problem taking the fifth. she is egg that the fifth. we can't get the emails. the servers are gone. the people she sent emails to, those hard drives are gone. everything is gone. where is the transparency here, steve? the american people aren't dumb. they watch this stuff on tv and they go there is no way. there is no way. this just does not add up. when it doesn't add up it usually doesn't add up. >> i will agree with you there when lois lerner took the fifth. i was a little bit preteshed and upset. here is the thing though with all of these scandals you see the republicans are trying to monger on the american people. they stop short of actually trying to find out what the truth is they want the allegation to be out there. they don't actually go all the way to find out and get to the bought bottom of it because they know at the bottom of it there is no scandal. >> either that or the truth is hidden in those emails.

we will never know. we have to leave it right right straight ahead. the iraq crisis as the president considers possible air strikes. i wonder isn't now the time i wonder isn't now the time to turn and walk padvil pm gives you the healingu at nsleep you need, it. helping you fall asleep and stay asleep so your body can heal as you rest. advil pm. for a healing night's sleep.

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with the insurgents claiming to have even more of the country under their control. while president obama struggles to figure out how involved the u.s. should get there are more and more calls for us to just to stay on the sidelines instead. fox news military analyst colonel david hunt made the case for that last night on the factor. >> i would let it burn. iraq is just about to fall completely. i have got no problem killing isis. you do in the get in the middle of a she a/sunni war again. >> all right. i got that. >> period. you don't do it. i have no problem killing isis. let this thing settle. do not -- how about we lose a couple of special forces guys. we get a plane shot down. we are up to our eyeballs again, no. >> i think the colonel makes a very good point. joining us now from washington with another point of view captain chuck nash who served more than 2 a years as a naval aviator. thank you, captain for serving this country. let me stop with asking you the question everyone wants to know. do we return to iraq with boots on the ground? not just the air strikes, boots on the ground? >> absolutely not.

for that to happen the president the would have to have the confidence of the american people, his polls are at the lowest ever. and the enemies would have to fear that we go in and be wanting to do that and stick it out. to win. and right now u.s. credibility abroad is at a low ebb as well. i don't think there is a credible aspect of that let alone all of the military reasons why it would be difficult to do so right now. >> captain, you -- let me put this way, john mccain, lindsey graham, dick cheney, perhaps, general keene have all said maybe we should go back to iraq, yes. everyone says obama screwed it up. he came out too early. he didn't finish the job. we get that going forward though. these may think we need to go back. in are they wrong? >> i have to respectfully disagree with their position, yes. i don't think us going back into iraq right now given the unstable situation and the muddled situation, you

have got these isis guys really they are the catalyst for what we should be viewing as a sunni tribal rebellion against the central government in baghdad. you have got 15 tribal fighters, sunni tribal fighters probably for every single isis guy that's there. now, the isis guys have a lot of money to throw around. they are paying these guys 400 bucks a month. the united states was doing that we were paying the sunni tribesmen until maliki pocketed the money himself is. this slanted of broken promises and broken dreams and this is not the time to reinsert ourselves at least until we figure out what's going on. good grief. we call him isis. we call him isil. we can't get our terminology straight here. >> let me play devil's advocate, what about using drone support unman drones. 300 security advisors saying that they are going to actually attack isis on the basis of them being terrorists and killing more

terrorists would be safer for america. >> none of these guys are in uniforms. you have got the sunni tribal folks out there and you have got the isis guys, some might say who cares if they are all fighting? so they are all fighting a government that disaffected the sunnies. the sunnies are essentially if you look at this. they are the party who have been shoved out, been kept out of the government because of an iran leaning maliki government. so, therefore, if they are the disaffected party. what are we supposed to do now. go bomb him? >> i don't know. i agree with you. so you are saying don't bomb him. don't use drones. don't send the 300 security advisors. president obama is wrong for doing that. >> yes. i'm saying we should be contacting the sunni tribal leaders because really what's going on is in the overall context of a sunni she a issue, have you also got a political thing which are the ex-bath oises who are long standing part of that whole sunni tribal network and you have got an economic thing in the disagreement between the oil revenues between the sunnies

and the kurds in the north and the central baghdad government. it is the perfect storm. >> i only have two minutes and i want to talk to you about two things quickly. dealing with iran, should would he be negotiating with iran to help us out in iraq? >> talking to the iranians is -- it's such a total waste of time it makes you feel good. but nothing good ever comes from it. nothing. >> and the last thought, the oil. you mentioned the oil revenue. very important. a lot of people are saying that maybe iraq should be split up in three areas. the kurdish region to the north. the southern region with the oil installations very valuable and middle area in baghdad. would you agree that iraq should be split up three ways? that's what we are trying to avoid. >> it may come back to that world war i where the brits and the french carved up middle east and southeast asia. it may go back to the original way it was before they did that but the oil in the north, the oil in the south. for -- to break up this

country, assumes that the sunni after they have consolidated their territorial gains they have a territorial position with the government in baghdad that actually, i think, argues for a case to hold iraq together because now the sunni truly vat bargaining chip which is if you don't then we are going to break up the country. >> then how would we all -- therein lies the problem. >> yes. >> holding iraq together would be the best for at least for the oil importing nations since iraq exports 3 million barrels of oil a day. how would you do that? >> we don't do that they do that. >> all right. we are going to leave it right there. captain, again, thank you for your service of the. bay the way, be sure to check out the new bill o'reilly.com poll question. should the u.s. bomb the al qaeda army attacking iraq or should we he stay out of it it should we bomb or should we stay out of it? directly ahead, how the left is trying to spin the crisis at the southern border by describing illegals as refugees? will that rhetoric fool

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in the unresolved problem segment tonight. as we reported at the presents of thousands of foreign children have illegally crossed into the u.s. in recent months, blowing a massive hole into the claim that the border is secure. but instead of seeing it as a complete failure by the feds who enforce our immigration laws. more and more democrats are trying to spin it into a humanitarian crisis. >> let me be very clear. from my perspective, this is not an immigration crisis. it is a humanitarian and refugee crisis. it's being caused in large measure by thousands in central america who believe that it is better to run for their lives and risk dying

than to stay and die for certain. >> but will this refugee spin from the left give a green light for even more illegal immigrants to flood into our border across our border and make this crisis even worse? joining us now from washington, stephan camerota, director of research at the center for immigration studies and from fort worth texas immigration attorney hernandez. let me start with you, sir. >> thank you. >> what rhetoric, all of a sudden it becomes refugee. can you define refugee for me? >> well, refugee is someone who is left without a land. abandoned homeless, has nowhere to go. let me throw a curve ball at you. yes, do i believe a certain percentage of these children goes lost. separated from their parents. killed, recruited into drug trafficking operations. but i hit the becomes in the last couple of days. and in 2008, we passed a trafficking victim's protection act. whichs would just codified

in 2010 and cfr in last couple years. baby moses, these are parents who are sending their kids up here for a better life in our law no more laws better than we know our laws. this law provides that you can stay here legally. >> you are saying victims, you are saying refugee, that's not the case though, that's not the case. >> is there poverty? is there crime where they come from? yes. that doesn't define a refugee. go ahead, stephan, am i wrong here? >> i'm not disagreeing with you. i'm just throwing a curve ball at you. >> this is -- put out incentive to send them over here. it's amazing to me. >> get stephan, go ahead. >> bottom line is, this is being caused by obama administration policies. nothing has fundamentally changed in central america. it was a poor chaotic place before. and it is now. word has gotten out. the "the washington post" and the a.p. hardly immigration enforcement orientated publications. have reported they talked to people. it's -- yeah, the word sought.

you get permisso. the word is out. >> that law was pass by republicans and democrats in 2008. >> there is no law. wait, you are wrong. >> no, wait, look he is the one that passed the administration. let me speak for one second. >> look, he is the one whos pad his own administration enemies anybody who is here and came before the age of 16 we're not going to deport you, get work authorization. can you stay. but they aren't reading the federal regulars, they have heard about this. the word is out. tons of reporting in the media it's just absurd to argue the word is out. they know he. >> a lot of newcomers. >> francisco, let me ask you this question. hold on. >> they don't know that. >> guys, hold on. we know that. >> they do know -- >> -- francisco, give me a second here. listen to the question here. when does it end. this 47,000 illegal children here from honduras, guatemala, et cetera, various places throughout central and south america.

when does it end? is it 100,000? is it a million? is it 4 million? is it 20 million? we will take all the children from those countries? >> no, no, no. we have to change the law and fix that hole we put in there. we gave them incentive to send their children. both parties gave them incentive. if you can get them here illegally, they can stay. flu. >> they are complaining -- you have answered the question yourself. sir, have you answered the question yourself. have you answered it yourself. if you can get them here illegally. it's illegal. stephan, they are breaking the law. >> absolutely. >> it is amazing to me. >> we don't enforce the law. >> we created the law that says you can do that. >> he is simply wrong. that has to did with trafficking. if illegal alien child shows up on the border. detain them identify the country they came from and send them back. nothing has changed with that regard. the administration has chosen to reunite them with their illegal immigrant parents here. word has gotten out if you make them to the border they will hook you up with your parents. not sending you back. unless we start to actually enforce the law at the

border, they are going to be coming and coming there san estimate that at least 100,000 are going to come next year. each hillary clinton has acknowledged this. if we don't enforce the law they are going to keep coming. >> let me talk about this for one second. what about the culture in the culture in central america where, you know, this i phone right here may be a month's worth of salary to some people. and some people in central america. >> or more than that. >> more than that i will take that iphone. there is is going to be a culture of crime. there is going to be a culture of squeeze. >> yes, there is. >> how do we handle this? you as immigration attorney that this is going on in america? >> no. no. it's horrible. it's going n. on in our own hemisphere. we are out there fighting wars across the country. we -- across the world. wars going on here with drug dealers and traffickers right here in our own hemisphere. what's going back and taking care of our own we can't even get a marine out of our mexico jail. >> so am i getting this straight? you are for closing the border and deporting all these 47,000 children and

all the illegals that continue to flood our border. >> you want me to tell me what we do? >> sure. >> one, okay, we he created that law that gives them an incentive to send those children up here without documents. we have got to plug that hole. second, president obama, yes, he has to call each president of these countries where the children can be identified and say come get your children. we don't deport people. we are america. we are good people. no good deed goes unpunished. suck it up central american countries. we help you in every way. come get your children. you match them up. >> stephan, go ahead. >> what we are getting here. >> and i'm throwing rocks -- >> -- should come up here. >> we're getting a preview of what happens when you promise amnesty. you get a lot more law breaking. if we pass a big amnesty that francisco even wants we get this more. people don't get it we are not enforcing our laws. >> i'm sorry we ran out of time leave it there plenty more ahead as the factor moves along this even. we will see if geraldo is

fueled by the refugee rhetoric or has he come to his census. the chaos in iraq governor mike huckabee helps to reunite a sickly teenager with her family custody battle over the state of masses about her medical care. care. we hope you stay tuned to marge: you know, there's a more enjoyable way to get your fiber. try phillips fiber good gummies. they're delicious, and an excellent source of fiber to help support regularity. wife: mmmm husband: these are good! marge: the tasty side of fiber. from phillips. geicmoney for over 75 years.save they've really stood the test of time. much like these majestic rocky mountains. which must be named after the... that would be rocky the flying squirrel, mr. gecko sir. obviously!

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first the border. here is what white house spokesman josh earnest said today about why we are seeing such a huge influx of illegals? >> so much of what we are seeing on the southern border is the result of a deliberate, misinformation campaign that is propagated by criminal cindy cats in central america. that miss information is causing some people who are in a rather desperate situation to risk their lives to come to the united states border expecting that they will be able to stay in this country. that is simply not true. >> your thoughts on that? >> hi, eric. >> hi geraldo. >> nice to see you. >> you as well. >> i think that it is absolutely accurate to say that there is a huge misinformation campaign being waged by coyotes, by immigrant smugglers and others in central america. but where is the information that they're twisting coming from? it is definitely the unintended consequence of

president obama's declaration in the runup to the 2012 presidential election that the children brought here by their parents at a young age through no fault of their own would not be deported. in other words, would be allowed to stay despite the fact that they came here without proper documentation. so that, what the president did is being twisted by the smugglers but you can't lay the blame. >> twisted how? >> not sending them back. they are taking the man for his word and frankly josh ernest, i'm not sure where is he coming. instead of saying look, we open the door -- >> -- may i tell you how it is being twisted? >> yeah. 'is being twisted because the president made very he specific limitations. kids who came from this state to this state who that are this age to this age are those who will not be deported. the president never suggested that children in the future coming into the country would be similarly treated. there was a very definitive date. >> these children are okay but these kids, no, we are

going to send them back. come on, geraldo, you know that wasn't deportation whatsoever. >> are you implying that the president knew they would result in the children's crusade. >> yes. that minors would be coming in. >> preposterous. >> everything is preposterous. >> what we should now consider is what do we do with the tens of thousands of children who are here? i pose this to you, eric bolling. here is a 7-year-old child. she stands in front of you. she is tired. she is hungry. she is filthy. are you, eric bolling, going to send this child back to an uncertain life wherever she may have hailed from? >> yes. unfortunately, geraldo, yes. i'm a hard core. >> i have an 8-year-old child. >> geraldo, she is breaking the law just like her parents are breaking the law by coming over here. >> this is the united states of america. >> >> we are a compassionate country and you make exceptions. >> can i read something to you today? i have to do this. >> go ahead. >> i'm doing research for

the show. it's a big show, right? i'm doing research. hit on the government web site today, new programs regarding immigration. the 9. a million dollars in additional support for central american governments to receive and reintegrate repatrioted citizens. in other words, the people we send back. we are going to send them 9. a million. 499 million to guatemala. he will el salvador: human law transapparently programs. geraldo, we are spending hundreds of millions of dollars to take back the people that are theirs that should be there in the first place. >> the vice president of the united states met with the guatemala mall alan president today. it is clear that these nations are not only the legal and moral responsibility for their citizens, but also the financial responsibility. >> we are paying them we are paying them to it take their citizens back. >> a policy that will work to help auto leave united states this crisis. each of these children should be paid for by the central american nations in

the balance of payments between nations it should be state leaders. >> 1, 2, 3, 4. i have got $500 million in programs to central and american governments to take their people back. >> if you are. >> 500 million. i have a better idea. come preheaven immigration reform. >> i have a better idea. >> comprehensive reform bill contains seven provisions for dealing with unaccompanied minors. for example, the children have to have better and more humane facilities where they can be temporarily cared for. >> the imlegal children? >> are you going to keep them in the cement floor of the jail. >> take that $500 million that going to send over to this country. >> you go to church every sunday. matthew 19:14, suffer the little children. send me the little children, says jesus. one nation under god. >> little children are getting shot in the chicago every weekend unsafe there use the money for that. >> these children will grow

up to it be law abiding tax paying citizens, give them a break, eric. >> we have to do iraq quickly. are we making mistake by just doing drones or 300 security advisors. >> we should have done the drones two weeks ago when i urged the president to unleash the drones. the fact we have invading al qaeda army, a sunni extremist fanatic army invading iraq. and they have been allowed to take over one third of that country is appalling. it is president obama who has dithered as iraq has fallen the northern part of iraq. >> boots on the ground. >> general david petraeus should coordinate the effort that we are doing right now. not combat troops. troops of that nature. >> geraldo, always good. >> straight ahead. tv star and former marine montel williams on what to do about the v.a. mess as new evidence shows the scandal was worse than anyone thought. that's moments away.

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than first reported are having to wait at least a month just to secure medical appointment. unbelievable mess so, what should we do to clean it up? joining us now, television personality and veterans advocate montel williams. have you been a very very outspoken advocate. what's going on? what do we do? what are your thoughts? you call it a v.a. surge. >> we need a v.a. surge. all of your viewers, please, go up on montel underscore williams and just go #v.a. surge. i have a petition at the white house asking the president it to stop and listen to this. in the last two days, have you not heard the president of the united states say we are going to surge, if necessary, when he gave the award, the medal of honor yesterday, when he was giving the recipient the medal of honor he talked about the fact he was injured in the surge. he kept using this as a term to send more children off to die. send them off to die. why don't we surge to take care of them right now while they are here at home. this is k. get done. the problem is that he would bouncing us around. there are solutions to this problem. >> it's not a money problem though, is it. >> no. there is plenty of money.

it's a leadership problem. there is no ifs, ands, and buts, a leadership and regulation problem. civil servants can't be sphird. we can still take care of this even inspite of that do you want me to tell you how? simply the president doesn't need an executive order. set commander and chief. tell each head of the services i want you to open up tomorrow, the srbs, do you know what they are? >> no. >> they're soldier readiness, srps, soldier readiness processing centers. before are a go overseas to go to war send them into n. to triage, check everything like them like oil check. jiff j lube top to bottom. if there is nothing wrong with them if not send them to war. those centers are open around the country. dod facilities here in the united states. open around the country. if we brought on enough staff to staff them, we could bring in v.a. soldiers. >> too we have the right people in place, montel? >> no, i do not. >> i'm reading some study showed 80% of the people in

the phoenix v.a. received incentive bonuses. 100% of the upper level management across the v.a. received at least positive, you know, we enforcement at the end of the year. what's going on here? >> what's going on here is the fact that we chopped off the head and thought we took care of the problem. >> shinseki. >> that's right. the chicken is still running around and running around aimlessly, it's time to take the chicken down. some of those people that actually voted to give themselves bonuses for a rigged system that allowed them to lie, some people should go to jail. how come we are not hearing this? we can jump up and down tomorrow and say let's send can't jump up andie. down today to talk about how to take care of the ones that are here. >> $400 million the v.a. paid out bonuses in. >> $400 million anybody who got a bonus if it was based on the records that were fabricated, they should go to jail. nobody is even talking about

that. no prosecution, how can we right now today, guess what, the president said ha 50 soldiers, marines going in right now. extraction force, sending planes above iraq and guess what? the bad guys just got stinger missiles. they could bring a plane down. if a soldier gets injured, today, tomorrow, are we going to live up to the promise that we made them stay, that we would take care of them no matter what? montel, how is the medical care at the v.a.? >> let me tell you something, there are people who wake up every single day that go to work, that want to take care of our soldiers. you can go to some of these v.a. hospitals and you will see people on the ground, busting their tails to help. unfortunately you have some lifelong career minded people who have made the v.a. a career for themselves and even put bonuses in there at the end so they can make sure that they get some sort of exit pay for not doing their job? we need to change the v.a. this can happen. >> so can i just -- i want a

solution but let me summarize. this the doctors and the nurses are good. there is plenty of money. >> plenty of money. we just have an administration problem. >> we have an administration problem. a leadership problem within that administration. but, guess what, this is really a low gris particulars problem. solution for you tomorrow. a gentleman by the name of ken fisher, president of the fisher foundation you know him. >> i know he had him well. >> bailment fisher house almost every single v.a. hospital around the country. he has worked with the last four v.a. secretaries. this man knows more about the pain that families go through than any person the president can appoint. put him in charge right now. he wouldn't have wanted this job a year ago. i'm the one that's throwing him under the bus and begging him and ken said montel and call me and i will serve. add a person like admiral straw. you need to get supplies where they belong. right? >> right. >> this is the problem. medications, the guys need it. you need somebody to understands that. >> listen, i agree with you. they -- remember, this is

all a paperwork nightmare montel. i have to leave it right there. they won't talk to me. montelunder score williams underscore surge. >> girl reunited with her family after custody battle doctors, hospitals and state of massachusetts. did the state overstep its bounds? governor mike huckabee who led that fight for th man: i know the name of eight princesses. i'm on expert on softball. and tea parties. i'll have more awkward conversations than i'm equipped for, because i'm raising two girls on my own. i'll worry about the economy more than a few times before they're grown. but it's for them, so i've found a way. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. ready to plan for your future? we'll help you get there.

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in the personal story segment tonight, a family reunited after a massachusetts judge rules that a 16-year-old connecticut girl should return home to her parents. she was at the center of a custody battle between her parents and the state of massachusetts and a dispute over medical care. mike huckabee has been front and

center in the fight to return jus tina to her family. we've been hearing a lot about it. maybe we don't know all the details. break it down for us, mike. >> this girl had been treated for two years by a doctor. he had transferred to boston childrens. she needed to see the doctor. she was taken by balance to boston children's. they admitted her through the emergency room, and instead of going to the doctor she went to see, the e.r. doctor consulted with a psychiatrist, and in 30 minutes, they decided that all of her medical work was wrong. she didn't have as she had been diagnosed, it was all in her head, and it was her parents fault, that they were the ones pressuring her to believe she was sick and they said she wasn't. they captured her from her parents. i say it's a state-sponsored kidnapping. for the next 16 months, this girl is held by the state of massachusetts in custody. her parents aren't allowed to see her. she doesn't get to go to school. she doesn't get religious services. it is the most outrageous abuse

of a state against participants i've ever witnessed. eric, i was governor for ten and a half years. i cannot imagine a state doing something like this to a family. that's why i got involved. liberty counsel became her legal counsel in february. they've been petitioning the court and finally got a settlement from the judge at least to let her go home. but this case, i think, is far from over. >> mike, why -- what excuse did the boston children's hospital give to the parents that they were going to keep the child instead of giving justina back to her parents? >> originally they used the excuse that it was a diagnosis, that she had gone from an active figure skater to being unable to walk and in a wheelchair. then they said the parents were threatening to them. i'm a parent and if somebody had taken my child from me without just cause and hadn't presented any evidence that there was a reason for them to do that, i'd have been billy jack on their

face. so i think they were extraordinary gracious in light of what they were being put through by the state of massachusetts. this, again, is the most outrageous abuse i've seen. i think what finally happened was massachusetts realized they couldn't justify it. >> did governor deval patrick get involved at all? >> he finally did, at least up to a degree. he said he would look into it. he never came out and specifically said anything other than he did admit to the family's official representative that he thought they should be reunited. eventually they were, but without massachusetts ever proving or even ever bringing any specific charges against the family, and they never visited their home. they never provided any evidence whatsoever from any other family member, including the girl, that the family had been abusive to the girl. there's no evidence of that whatsoever. and this is why this case i think has just really captured the attention of mothers and

fathers all over america, because they say, my gosh, if the government can take our children from us for something like this, you know, what happened to america? >> and so they based it on the fact that they thought they saw physical abuse to justina? >> no, no physical abuse. that's just it, eric. there was no signs of any marks on this young lady. this was because they didn't buy the diagnosis of a very good specialist from tufts. i mean, it's as much an outrage against the other medical practitioners who had worked with this girl for two years and had diagnosed her with m mitocondrial disease. but the fact that an emergency room resident could see her for 30 minutes and know more about what was wrong with her than a doctor that had been seeing her for two years, then to bring the massachusetts department of children and families in it and to get them to conspire to take her from their parents and not let them visit her except one hour a week with armed guards

present, it is just an overstep of government authority, and no family should have to put up with that. >> mike, let's talk a little bit about justina? did they treat her well? did she get better? >> no, she actually got much worse. i think one of the reasons massachusetts finally realized they needed to let her go, this girl was deteriorating rapidly. and her physical condition was truly remarkably bad. she was in a wheelchair. she had lost much of her hair. because they wouldn't give her the medication that her original doctor wanted to put her on. they kept saying it's all in your head. it obviously wasn't. she's in good spirits now. she's so excited to be home. she at least got to spend her 16th bihday with some friends in an institution, but now she's home and she will make her first public appearance on our show a week from saturday. i can't wait to see her, and i want to hug her and i want to say i'm so glad you're home and i'm so grateful these parents didn't give up. but then again, no parent would

give up and just let their daughter be taken. >> thank you very much, and great job, sir. be sure to check out governor huckabee's exclusive interview with justina pelletier and her family next saturday. the fourth of july just around the corner, and on billoreilly.com, you can get replicas of america's most important do you means. the prices are so darn low, they're practically giving them to you. and while you're on billoreilly.com, please take the quizzes. you'll have a lot of fun with them. straight ahead, jay carney in the spotlight of late night. you'll see what we mean in a moment. ♪

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♪meow, meow, meow, meow... it's more than just a meal, it's meow mix mealtime. with 100% complete and balanced nutrition, and the taste, textures and variety cats love, it's the only one cats ask for by name. after three years as white house spokesman, jay carney walked away from the podium for the last time this week, and last night, he faced his fake adversary, stephen colbert. >> why are you quitting, you quitter? could you not take it? >> i got an e-mail from somebody who called me a quitter. >> yeah, you are a quitter, you quitter. [ laughter ] man up. there's a war about to start in iraq again. come on. don't you want to answer those questions? hey. i've got a question for you. why don't you bite me? >> that's it for us tonight. "the kelly file" is next. i'm in for bill o'reilly.

the spin stops here because we're always looking out for you. developing tonight, the irs commissioner faces a grilling on capitol hill, leading to new and troubling questions this evening. welcome to "the kelly file," everybody. i'm martha mccallum in for megyn kelly. earlier, irs commissioner john koscanen faced a group that said they've been misled by his agency. lawmakers asking why it took more than a year for them to find out that the e-mails from the woman at the heart of this scandal appeared to have vanished quite some time ago, and that her hard drives have be