fits right in with the tip of the day. again, thanks for watching us tonight. miss megyn is up next. i'm bill o'rely, remember the spin stops here. we are definitely looking out for you. breaking tonight, new developments in a series of crises at home and abroad. threatening our national security and the american people's faith in this administration. welcome to "the kelly file," everyone. i'm megyn kelly. several troubling developments from washington to the middle east. in iraq a country nearly 5,000 americans die trying to secure is now transforming into the world's first terrorist state thanks to some of the worst terrorists the world has ever known who tonight have captured more heavy duty u.s. artillery. they grabbed dozens of high powered guns capable of shelling a city from 20 miles away. intel agencies say the group is intense on targeting the united states of america.

but so far this administration has not revealed many plans for containing that threat. back in the states, thousands of unaccompanied young children continue to flood across our southern border. and we now may have a better idea as to why. a leaked report from law enforcement suggests that most of these illegal immigrants believe they will get asylum thanks to policy statements by president obama. and are not as was claimed fleeing any increased violence back at home. all this as americans' trust further erodes in washington, as our faith in government sinks to historic lows and a high stakes battle plays out over the battle 06 power with america approaching what one liberal law professor calls a dangerous tipping point. the collective problems at home and abroad have brought us to the point where even hillary clinton, the former secretary of state, is now suggesting that america's very spirit -- this is a democrat, is in a tough place.

>> we have not been telling our story very well. we do have a great story. we are not perfect by any means, but we have a great story about human freedom, human rights, human opportunity. and let's get back to telling it to ourselves first and foremost and believing it about ourselves. and then taking that around the world. that's what we should be standing for. >> dr. ben carson, author of the number one "new york times" best seller "one nation" joins us now. doc, good to see you again. >> thanks. >> so it appears, it started earlier this week in "the wall street journal" piece and more and more we're hearing the word malaise akin to carter administration when americans lost all faith in their government. what say you? >> well, first of all, this is an exceptional nation. and it happens to be the pen. >> caller: -- pennacle nation. all thought they were going to

be there forever. all went down the tubes. what happened in each case? they became -- sports and entertainment, lifestyles of the rich and famous, tolerated political corruption, they lost their moral compass, they lost their vision. these are all the things happening to us. the real question is can we learn from the things that happened in the past that led to the decline of great nations? or must we go down the same path? i believe that we can learn because we're different than all those other nations. we are the child of every other nation. so we have all that history and we have their best interests in mind. woe also are a christian nation. the president needs to go back and read the documents of our founders and i think he might be re-educated on that matter. those values are the things that really gave us strength. we make mistakes? of course we make mistakes.

every nation makes mistakes. but we are the most benign superpower the world has ever known. if we go off the scene, we will be replaced by someone else the likelihood of them being as benign as we are is extremely remote. >> that's a big question. there was an op-ed in the "new york times" earlier this week by a german newspaper editor saying, look, when europe can afford to sit back because we've got america that has our back. america doesn't have the same luxury. no one is going to step in. no one good if we step back and wait for somebody to fill this void. >> absolutely. but i do think that there's hope on the horizon. as i go around the country and see these just humongous enthusiastic crowds of people -- >> that's for you, dr. carson. i don't know that's necessarily for america in general or the direction in which we're heading at the moment. >> well, but what i'm trying to convey to people, and i think it's getting through, is that they need to stop being intimidated. and they need to stand up for

what they believe in. and they need to start having conversations. they need to talk to their uncle who's 80 years old and hasn't voted in 20 years. and make sure he's apprise ed of what's going on and help get out there. get an absentee ballot and help him fill it out. there are millions and millions of people sitting on the sidelines who need to be reactivated. and they can be, but we each have to make it our personal mission. >> to what extent do you feel divisiveness is playing a role in what we're seeing now? >> it's playing an extremely large role in what we're doing. there are elements in our society whose only desire is to drive a wedge into any little crack that they can find. therefore race wars, income wars, age wars, gender wars, anything that you can -- >> how damaging is that? >> it's extremely damaging. a house divided against itself cannot stand. the purpose of it of course is to make people throw their hands up in disgust, say this isn't working, we need to move to

another system. go back and read the neil marks literature. it's all right there. all this stuff is not secret. i encourage people all the time to go and read this stuff. don't take my word for it. >> you know, when you use terms like that that is what makes some people say i like how this guy sounds but he can never be the president because he will be described and painted and labeled as too extreme. >> that's why i tell them to go read it for themselves. vladimir lenon, carl marks, you know. i mean, these people just laid all this stuff out. and there was a guy who was a former cia agent by the name of cleon -- who wrote a book in 1958 called "the naked communist." and it laid out the whole agenda. you would think by reading it that it was written last year. showing what they're trying to do to american families, what they're trying to do to our

faith. >> do you think -- let me ask you this, do you think that we are at the precipice of some fundamental see change in this country right now? >> well, i think if the american people throw their hands up and the majority of people in this country actually do have common sense -- i'm convinced of that, but if they give in, because remember -- again, go read it for yourself. number one rule, you make the majority think that what they believe is no longer envogue, nobody in intelligence thinks that way and that you believe the only way is the only way intelligent people believe. that way they will give up, that way they will submit. we cannot submit. we have got to stand up for america. and in the long run i think it will be better for everybody because even the most left wing elements in our nation will benefit when we get this economy

moving in the right direction again, when we manifest the right kind of leadership, when we re-establish the right kinds of programs in our country, when we shrink the government in a kind way, thousands of people, you know, retire from the government each year. don't replace them. >> understood. >> just move them, shift them in from other places. in four years we'll be down to the right size. we can focus on what the government's supposed to do. and that way they won't be sticking their nose in everybody's business. >> want the folks to know dr. ben carson placed second in the presidential polling at the republican leadership conference, third in the straw poll and he is a star now among many conservatives and republicans. and many believe has a real shot at becoming the next president of the united states. we will continue to follow you, sir. thank you for being here tonight. >> thank you very much for having me. as we mentioned a moment ago we heard dire new warnings from washington today. the formost liberal

constitutional law professor in the country testified that president obama is threatening to fundamentally remake america by trampling the u.s. congress and becoming a government unto himself. >> while both congress and the courts have lost authority over the decades, it is this body of congress that has lost the most in this rise of a type of uber presidency. the president's pledge to effectively govern alone is alarming. and what's most alarming is the ability to fulfill that pledge. when a president can govern alone, he can become a government unto himself. which is precisely the danger the framers thought to avoid. he has said he's going to resolve the revision with congress by altering on his own terms of a majority of one. that's what makes it dangerous. it does not matter one iota if every president has violated the constitution. that history doesn't make it anything less than a violation. now, for those that remain silent in the face of this, this is not going to be our last

president. what we're seeing increasingly is not just in this case a president pledging to go it alone. in fact, a president who can go it alone. the implications of that are significant. it turns this body into something that's discretionary. >> turning now jonathan turley, the lead witness today in the testimony on capitol hill. professor turley, good to see you tonight. it sounded dire listening totod. i mean, put it in terms people can understand. why? what is it president obama is doing that you think makes him such a threat? >> well, the interesting thing is he's not doing it alone. he's arguing that if congress is not going to act, then he's going to act. and he has been acting. now, the court just ruled against him 9-0 on one of those actions. but what it represents the change in our system, it represents an emerging dominant presidency. this trend's been going on for some time.

but what's different now is that congress has long been passive. and today you heard many members arguing not only the president should be allowed to act unilaterally, but that the courts should block congress from bringing these issues for judicial review. and it's moved now from a sense of self-loathing to a real self-destructive attitude among some members. as you know, the president in the state of the union pledged that he would circumvent congress. and half the members applauded wildly. >> they did. >> and it just left it to me a rather baffling moment. the president saying he was going to make them practically irrelevant and half of the chamber erupted in applause. >> he has come out, the administration says the executive branch has grown. we need to administer big government policies that the american people twice voted for when they put barack obama in the presidency. and moreover they say the president himself said this a

week ago, he says i've signed fewer executive orders than president bush or any president in the past hundred years, why are they giving me such a hard time? >> first of all that last argument came up in my last testimony before the house judiciary committee a few months ago. even the witness supporting the white house agreed with me that counting executive orders is a silly business. it has no relevance at all. you could have a single executive order that guts the government. or you could have a thousand that do nothing. you can't look at the number of executive orders. this president did not start this trend. but when you look at the actions he's taken they have gotten to a very dangerous point. he is arguing that even after asking for things and congress refusing, he could do those very same acts -- he can order those very same changes on his sole authority. that's what's different that is a new model of government is emerging. now, that model is the very model that the framers told us

to reject. >> uh-huh. >> it is the idea of a single person who says i can get it done alone. now, before we embrace that model, we need to have a serious national debate. in my view the matter needs to get to the courts. >> professor jonathan turley, thanks for being here. >> thank you, megyn. we also have new development tonight in the middle east concerning the fighting between america's best ally and the terror group hamas. that report and what washington is doing just ahead. plus, some big news breaking with a just-released audio recording allegedly showing a former top obama cabinet official breaking some serious federal laws in order to help president obama get re-elected. congressman darryll issa is next. this is hill da so lis calling, wanted to ask you if you could help us get folks organized to come to a fundraiser that we're doing for

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nchs breaking tonight, new fallout from a just-released audio recording allegedly showing a former white house cabinet member breaking the law to help get president obama re-elected. on the tape you can hear, it sounds like, we are told it is, former labor secretary hil hilda solis in 2012 calling a subordinate in her department

working for her and illegally soliciting campaign donations for the president's re-election campaign. >> this is hilda solis calling here off the record, wanted to know if you could help us get folks organized to come to a fundraiser that we're doing for organizing for america for obama campaign on friday at 6:00 p.m. there are a lot of folks we know that are coming but wanted to ask you if you might help contribute or get other folks to help out. >> congressman darryll issa is chairman of the house oversight committee and today he played that audio recording for the first time in public. your democratic counterpart accused you of playing a stunt. he thought this was inappropriate. this is a top cabinet member breaking the law, as i understand it. is there any dispute it's her? >> there's no dispute. she was found to have violated the hatch act and resigned along with secretary sebelius who had a similar misuse where she used government funds to do a campaign event.

and then when it was discovered she retro actively paid back, but she still committed a hatch act violation. >> hatch act is not allowed to solicit campaign donations when you're working in the executive branch. it puts undo pressure on the people who work for you and abuse of your power. >> exactly. and hilda solis knew from congress soliciting your subordinates or people who worked for you in congress was also a violation, different act, but also a violation. this was not news. this should not be news to a cabinet officer. you understand today in our hearing as we played that and my ranking member is and has been in denial that anything could be wrong in this administration, the real offense was that a political appointee, a nonsenate confirmed political appointee who heads up the political affairs division that's just been stood back up in the white house -- >> just to jump in. so congressman issa is now moving to a different but somewhat related issue where he

feels that he's been obstructed. go ahead, sir. >> it's related because the hatch act is under our committee's jurisdiction. we were doing oversight. we asked this individual who is now stood back up something that president obama shut down because it was found by special council to be illegal. he stood it back up and we want to know how it works and make sure it doesn't violate the hatch act. the president asserted through his council the most absurd claim which was that there was inherent immunity from coming to congress by this political appointee. and he didn't show up. this is sort of -- >> right. you wanted to talk to this guy. about the hilda solis matter. you got stiff armed, he didn't show and basically the administration is trying to stone wall. but the d.o.j. is looking into her and her violation. so we should all rest easy tonight, correct? >> no, not so much. ultimately the american people need to know and they need to

have confidence that their tax dollars are not being used as the irs did to go after political, if you will, enemies of the president, the tea party and group. we need to know that they're not using the power of the presidency and the money of the taxpayers to campaign for people in this upcoming election. >> uh-huh. >> and every chairman who's had my job before that has had a role in trying to make sure that doesn't happen. >> and before i let you go, because i'm up against a hard break in 45 seconds, but i understand in related news tonight the doj will now investigate these missing lois lerner e-mails. can you confirm that? >> it's a start. they said they are going to look at it. quite frankly we want a special prosecutor, we want somebody immune from the influence of eric holder, a man who was held in contempt by congress. and more importantly we have a witness that didn't show on a lawful subpoena. we expect that they're going to have to bring him. if they don't, we have very little choice but to assert our

rights of congress. we hope you'll continue covering it. >> chairman issa, thank you. >> thank you. well, we have breaking news from the middle east up next and then a kelly file exclusive. a local tv reporter talks about the causes of violence in a minority neighborhood and touched off such a controversy he was force today quit his job. did you see o'reilly talking about this? that reporter is here with us live in moments. the underlying cause for all of this, of course, young black men growing up without fathers. unfortunately, no one in the news media has the courage to touch that subject. [ male announcer ] hands were made for playing. legs, for crossing. feet...splashing. better things than the joint pain and swelling of moderate to severe rheumatoid arthritis. if you're trying to ma, now may be time to ask about xeljanz. xeljz (tofacitinib) is a small pill, not an injection or infusion, for adults with moderate to severe ra for whom methotrexate did not work well.

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news from the middle east tonight where israel agreed today to a temporary cease fire in its fight with the terror group hamas. president obama again today

urged both sides to show restraint. the question now is whether hamas is willing to return on this agreement after defying an earlier proposed truce over the weekend. john huddy has the report from gaza city. >> reporter: agreed to a hold fire truce with israel. basically the fighting will stop for five hours tomorrow to allow the united nations to bring in much-needed relief supplies to the palestinians here in gaza. and this after another day's worth of fighting including four children who were killed in an israeli military strike. okay. the boys were playing on the beach, ages 9 to 11 years old when the israeli military fired at an intended hamas target and these little boys were killed. they are among the more than 220 palestinian who is have lost their lives now going into day ten of the fight. there were missile strikes today. there are also further rocket strikes at israel.

also heavy artillery fire. a hospital in east gaza rehabilitation center for disabled folks was hit by artillery fire. it's right next to the israel/gaza border. no one was killed. a couple patients were injured however. this adding fuel to the overall fight. however, a temporary hold-fire truce has been agreed upon by both israel and hamas to last five hours starting at 10:00 a.m. local time here in gaza tomorrow morning. israel says if hamas continues to fire at israel, the country will respond both firmly and decisively. we'll see what happens. megyn. >> john, thank you. new polling today shows a majority of americans very unhappy with the situation on the southern border. and tonight glenn beck is here to talk about what he's doing to address that crisis and his critics. plus, a new jersey news reporter adds commentary to a story about a high profile cop killing and gets suspended.

but then decides to quit in protest. others say what he said sounds very much like what our own president has said, so why was it so controversial. you heard this on o'reilly, the reporter is here live next. it's worth noting that we were besieged, flooded with calls from police officers furious that we would give media coverage to the wife of a cop killer. it's understandable. we decided to air it because it's important to shine a light on this anti-cop mentality that has so contaminated america's inner city. you owned your car for four years. you named it brad. you loved brad. and then you totaled him. you two had been through everything together. two boyfriends. three jobs. you're like "nothing can replace brad!" then liberty mutual calls. and you break into your happy dance. if you sign up for better car replacement, we'll pay for a car that's a model year newer with 15,000 fewer miles than your old one. see car insurance in a whole new light. liberty mutual insurance.

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how this all unfolded. trace. >> reporter: megyn, former news 12 new jersey reporter shawn bergen says he's spent a lot of time in new jersey housing projects, always for the same reason, black men slaughtering each other in the streets. this weekend he covered the case of melvin santiago, a rookie jersey city police officer gunned down as he responded to a bank robbery call. santiago was ambushed by 27-year-old lawrence campbell. campbell was killed when police returned fire. sean then interviewed campbell's wife bho who said her husband didn't go far enough, that he should have killed more police officers. later that same anti-police sentiment was further highlighted when residents paid tribute to the cop killer by putting up a memorial. after giving his report on the shooting, sean bergen added some surprising commentary dealing with the anti-cop mentality. >> listen, this same sick perverse line of thinking is evident from jersey si to newark, patterson and trenton.

it's made the police officers job impossible and has got to stop. the underlying cause of all of this young black men growing up without fathers. unfortunately no one in the news media has the courage to touch that subject. >> reporter: well, he was suspended then later demoted for breaking the rules and adding opinion to a straight news story. he claims the station offered to let him work one day a week on light feature stories for $300. he says it was an offer he had to refuse, so he kwitd. now, he admitted that his commentary broke the rules but says he was doing the right thing, megyn. >> trace, thank you. joining me now is that former news 12 reporter. sean, thanks for being here. >> thank you, megyn. >> why did you feel the need to do this? >> before we went on the air we were besieged with phone calls from local law enforcement who were fur roy, the visit reel was unlike anything i heard before. i mentioned maybe it was a bad

idea we run this. i'm not sure we need to do it. and i said i'll do the story once station management says go ahead and do it. they said, yes, run that sound. it was exclusive sound. >> cops were not happy about it. >> not happy about it. >> so you were trying to add context? >> i was trying to add context and balance. and, yes, look there's no doubt i went off the reservation, i made a couple rogue remarks at the end. i knew what i was doing. >> the question i have for you is did you expect the results? because we've seen -- i mean, it's not all this unusual to have even very well-known anchors go on sunday shows and offer their opinions. they do it all the time. all sorts of news anchors and reporters go on sunday talk shows and offer analysis and occasionally opinion. you did it here in a way that really was rejected. what do you think the difference is? >> i'm not sure what the difference is. you know, i knew there would be some consequences. i knew there would be some ramifications. i thought maybe i'd get a reprima reprimand, maybe temporary

suspension. >> why was it worth it to you? >> because it's got to stop. somebody has to have the guts to stand up and point at this and say we got to start talking about this. i know it's a touchy subject. i know it's a sensitive issue. >> especially for a white man to raise. >> well, yeah, there's that too. there's shame involved here. no one wants to be known as the man who abandons his children. it's understandable that people would want to walk past this and not really look at it. >> uh-huh. raising awareness of fatherless homes, right, and according to the latest stats we have 24 million children in america, one out of every three, live in biological father absent homes. 17 million children live with their mother and fathers homes at least. that's well-known, right? but what got little dicey was connecting that to disdain for the police. and the national association of black journalist president came out today and challenged that connection saying you can't connect young black men growing up without fathers and anti-police sentiments. >> i think you can certainly draw a connection between

fatherless young men and this feeling of anti-authoritarianism and utter disrespect for authority in all its forms whether it's the police or otherwise. >> what kind of message do you think it sends now that you were demoted and effectively booted for your comments? you can't take a job offered you $300 a week. nobody can support themselves on that. what kind of message does it send? >> don't speak out. stay silent. it's safer that way. you'll keep your job. >> is that your plan? >> to what? >> in your next job? >> i don't know. that remains a very open question at this hour, megyn. >> what does management say to you? do you feel like this is sort of an ideological, you know, termination or demotion? >> they said that i broke company policy. and that's it. and so for that reason, you know, they said it was a very egregious, you know, infraction. >> but do you think if you'd been making a commentary let's say on laws that ban gay marriage and how antiquated they are and how people need to get into the 21st century they would have suspended you or demoted

you? >> that's a good question. i think that's a question for my news director for him to answer. i don't know what his thought process is. i know that he has made some questionable moves in the past. you know. so i don't know. i can't really get inside hz head. >> standby because we have -- >> yeah. >> he's a fox news contributor and co-founder of tea party 635. sirius xm radio host. do you think if he'd said the stuff i said he'd been fine, but since he went to a dicier place not to fine. >> there's plenty of places maybe you would get a light reprimand. sean's up front. he broke the rules and went beyond what you're supposed to do as a journalist. it didn't warrant a firing or put him in a position where he needed to leave. they had an opportunity to deal with a serious issue. >> an opportunity. that's an interesting word. >> they had an opportunity. and by the way, i grew up in jersey city. so i have seen that city where i can ride my bike safely as a

young child around neighborhoods that later on became crack neighborhoods as crime and rampant issues occurred. there is a problem with fatherless homes. >> uh-huh. >> there is a direct correlation -- >> that is a fact. >> that is a fact. i have done this for many years. and i have studied the last 50 years of statistics. >> there's no reason to even spend any time -- the fact the president himself has called attention to it. it is a fact. it's just a question of whether, you know, we need to shine a spotlight on it the way sean did. >> he toumped the third rail. the third rail is this. apparently you're not supposed to speak about black issues unless you're black and liberal. i've spoken about them. you touch something that needed to have a broader discussion. the station could have taken another tactic. they could have said, all right, you went a little too far, but here's an opportunity to discuss what's going on in these neighborhoods, what's going on in these families, but in the black community which used to have an 80% two-parent rate back in the civil rights era and now

has over 60% -- closer to 69% single parents raising children. there are blended families. it's not all bad. but in an urban area where you've got a bad school district or bad school districts, lack of a father -- because it does in many ways take a man to raise a boy give him the guidelines, be the father figure, why is the boys and girls club so important? why have they been successful? strong male figures. >> but what about this issue of tying race to disdain for the police? >> you know, it's not limited to race, but unfortunately in the poorer black communities you do see a disdain for authority for police. >> but some would say that's well founded. with all due respect to the police, some would say that's because there's been decades of animosity between them. >> decades of problems, not always animosity. but also spurred on by what you see coming out of the al sharptons, the jesse jacksons, the president who said if i had

a son he'd be like trayvon. eric holder, a nation of cowards. >> let me defend eric holder, he also said we seem to not be able to have an adult conversation about race in this country. sean is still here. do you think he's right? >> that's the way it would appear right now. that we can't have an adult conversation about this. >> i disagree. >> you can debate why that is and who's shutting down the conversation. >> how rare is it for me to say i disagree with you with an explanation? >> i'm not taking a position. >> i know. i'm just saying that because we tend to go right on the line with this. we've had an adult conversation in this country. our culture has evolved since civil rights and even with women's rights. racist are outside the norm and most americans reject any kind of behavior like that. >> and to get past that last hurdle it would be so great if we could hear comments like sean's and then have a real discussion about it rather than shutting people up. which is what a suspension does to a reporter. that's it. good to see you.

good to see you. thank you both, guys. >> thank you, megyn. >> i asked dr. ben carson about this issue and we'll post on facebook.com/kellyfile. the first wave of attack ads out tonight from democrats going after the supreme court's decision on hobby lobby. you knew it was coming. coming up a fact check with kirs ten powers. and americans very unhappy with the situation at the border. glen beck up next about what ♪ 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 ♪ for over 19 million people. [ mom ] with life insurance, we're not just insuring our lives... we're helping protect his. [ female announcer ] everyone has a moment when tomorrow becomes real. transamerica.

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a brand new polling just out on the president and the crisis on the southern border. 56% disapproving of the job mr. obama's doing. and the president may not be alone. glenn beck is leading an effort now to provide some relief to the thousands of immigrant children housed in federal facilities right now. and he is also getting some blowback from americans from conservatives in particular. last night i spoke to glenn beck about that. let me just read you, you might be familiar with this, the truly compassionate thing to do is to ensure you're not doing anything that might encourage more parents to send their unaccompanied children on that that are rowing trek. he says it's not insane or unreasonable or lacking in compassion to argue that news of a major american media figure, talking about you, greeting children at the border with toys could be used by the smugglers and human traffickers already

exploiting these kids as a way to recruit more. your thoughts. >> all i can say is that may be. that's not my intent. i am so strongly motivated in two ways, justice and mercy. what is happening on the border there is no justice. there is no justice at all. we are not obeying our own laws. we are a country that is spiraling out of control because we are not enforcing our own laws. and of course people are flooding over our border. we're not enforcing anything. wouldn't you? if i said, hey, everybody the doors on my house are open and i've got really great stuff. i've got color tvs and everything else. don't you think people would say, especially if i said and i'm not going to call the police on anybody who takes any stuff, of course my house would be empty. so it is our fault because of what our government is doing. that's justice. the other side of it is mercy. mercy is up to each individual.

i will just tell you that when i first started talking about this story i was overwhelmed with the plight of these children. one of these children just passed away, and i can't imagine -- i can't imagine that as he was in the rio grand river and he was drowning he thought of anything other than mom, where's mom. these parents are sending them across the border. we have to think of children, not all of these are good guys, not all of these are teeny children. but some of them are. and i don't know how we cannot have compassion. i am very concerned that our nation is losing its goodness. it is not up to the government to do good work. >> okay, but -- >> it is up to us to do work. >> i think your conservative critics hear that and they hear

you saying they are not good, they are not being american when they do not feel as you do because they don't want to, you know, step in. they want the children to go back. >> i don't mean to say that. i want the children to go back. i demand that the children go back. but i believe -- i am personally motivate and had so are many members of my audience, i didn't go to the children and say what do you want? i went to the churches and i said you're overwhelmed. what do you need? they told us, we're bringing it down on saturday. beyond that we've raised $2 million now -- since last night it was $2 million. after the $2 million mark i told my audience today, now i'm going to raise anything additional you go to mercuryone.org, everything over $2 million is going to go to the border union -- border patrol union, also to the sheriff. also to those who are directly effected. >> let me ask you this because some of the conservative critics believe that this is all by

design by the administration. they wanted this. this was intended. we know they planned for it months ago that they were contracting with third party border escorts. and that there may be a belief that, you know n 20 years these folks are going to add to the electorate and not to the benefit of the republican party? i've heard people make this argument. what do you think of it? >> i don't think that's unreasonable to think if you judge by the fruit of their labor. however, i think we have a citizenship in not only the united states but also a citizenship in the kingdom of god. and my citizenship to god comes first. he commands me to take care of children. he commands me to give mercy. he commands me to give a cup of water or shoes or coat or whatever it is that they might need. he commands me to do that. and the only way that we remain a country, the country that i know and love, is that we all answer to that higher citiz citizensh citizenship.

the minute we stop doing that, this citizenship goes away. we're no longer a great country. let's have these kids go home and say those people -- not the government, those people i met were amazing. and some day when i grow up i'm coming through the right way. i'm going back home. i'm going to make something of myself. and i want to come back to america the right way. >> coming up, the first wave of attack ads is out tonight from democrats going after the supreme court's decision on hobby lobby. up next, we do some fact checking with kirsten powers. hey pal? you ready? can you pick me up at 6:30? ah... (boy) i'm here! i'm here! (cop) too late. i was gone for five minutes! ugh! move it. you're killing me. you know what, dad? i'm good. (dad) it may be quite a while before he's ready, but our subaru legacy will be waiting for him. (vo) the longest-lasting midsize sedan in its class. introducing the all-new subaru legacy. it's not just a sedan.

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developing tonight, new atemplts to demonize the supreme court's di session in hobby lobby. upheld some -- to forms of the

birth control. planned parenthood has launched a series of ads targeting lawmakers who support that ruling like this one here claiming he and hobby lobby believe your boss should decide your birth control. kirsten powers is fox news political analyst. she worked in the clinton administration. so they're doing it because they think it's effective, but is it true? >> i think this one goes right up to the line. it's one of those things where it's maybe not technically true because what hobby lobby really said was it was up to your employer which of four contraceptives you would have to pay for. so it's not necessarily preventing you theoretically. >> you can still get 16. hobby lobby is paying for 16 of your birth control forms, but not those four. >> right. but i think the reason it goes up to the line is because i can see the argument that for a person who doesn't have a lot of money telling them that you're not going to be -- the insurance isn't going to cover it is the same thing as saying they can't have it. so in that sense i feel like it's not, you know, it's not

necessarily untrue. it's sort of up to interpretation. >> but what they say is they believe your boss should control your birth control. what hobby lobby and other corporations are saying we don't necessarily want anything to do withhe birth control, but kathleen sebelius' minions passed said we had to cover it. we had to cover 20 forms. we'll do 16, but we object to those four. >> right. well, look, as you know hobby lobby wasn't really about contraceptives, it was about religious liberty. i think they turned it into being about a contraceptives. >> a wedge issue. >> yeah. court wasn't ruling on contraception. it was ruling on when there was tension between the government and a corporation in this case and the personal views of the people who head that corporation who gets to make that decision. and they ruled it gets to be the conscience of the business owner. so the result of this -- them ruling in that way is that, you

know, there are women at hobby lobby who will not have certain contraceptives covered. >> but now some are claiming that, look, this whole claim that these drugs amount to abortion is false because it's not an abortion like you get at planned parenthood. hobby lobby never claimed otherwise. they said it ends a fertilized egg in some cases and that we object to. >> well, i think there's disagreement on this. there are even some evangelical bioet sis who have said they don't think it can be compared to abortion. >> it can't be compared to planned parenthood abortion, but the fda labels, i can put them on the board, the fda, this is from the brief the government submitted in the hobby lobby case said these drugs work by preventing implantation of a fertilized egg in the uterus. >> but doesn't birth control do that also? >> no, most forms of birth control prevent the -- let me take you back to human sexuality tenth grade.

the egg and the sperm need to unite in a beautiful union. some cuts off the egg and some cuts off the sperm -- >> tmi, megyn. no, but i found in some cases it can do that. so there are a series of things birth control can do. >> i'm going to have to leave it at that. the chat about the birds and bees will continue and post that on our facebook page as well. what would happen... if energy could come from anything? or if power could go anywhere? or if light could seek out the dark? what would happen if that happens? anything. [ cat meows ] ♪

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so during our break i asked dr. ben carson about that reporter's comments. go to facebook.com/megynkelly to see what he had toy. let me know what you think. thanks for watching. i'm megyn kelly, this is "the kelly file". welcome to "hannity." this is a fox news alert. we are witnessing what seems to be an endless flood of illegal immigrants crossing our southern border. according to u.s. border patrol from october 2013 through june 2014 more than 200,000 immigrants have entered this country illegally. and that number does not include those coming from mexico. in addition, homeland security secretary jaeh johnson said as many as 90,000 unaccompanied children could cross the border before the fiscal year in october. despite that hard evidence, a top democrat in the u.s. senate, harry reid, he's spewing an entirely different narrative.