meantime, go to facebook.com/thekellyfile. follow me on twitter. what do you think? let me know. and thanks for watching. i'm megyn kelly. this is "the kelly file." welcome to "hannity." this is a fox news alert. tonight, we will be monitoring developments in both ukraine and in gaza throughout the hour as well as the chaos that is now erupting on our southern border. we begin with the investigation surrounding the downed malaysian passenger jet in ukraine. in a moment i will speak exclusively with the ukrainian ambassador to the u.n. but first, the malaysian prime minister said today that the pro-russian rebel leader has agreed to hand over the black boxes from flight 17 and allow safe access to the crash site. now, earlier president obama made a statement at the white house where he called for immediate and full crash site. in a moment we'll head to the region for a full report, but first fox's own ed henry is standing by outside the white house tonight with a very

latest. ed. >> reporter: sean, good to see you. bottom line is the u.s. ambassador to the united nations, samantha power, continues to be more aggressive than the president in terms of demanding justice. you'll remember her fiery comments last week before the u.n. security council. today she's insisted that russia is part of the problem, not part of the solution. for his part the president made comments, as you noted, on the south lawn where he said russian president vladimir putin needs to do a lot more to make sure the separatists are not leading a cover-up of russian involvement in terms of downing this jetliner with the antiaircraft fire. republicans though charge that the president's previous threats as well as his sanctions against russia have done little to stop putin in his maneuvers. listen. >> repeatedly prevented international investigators from gaining full access to the wreckage, the investigators approached, they fired their weapons into the air. the separatists are removing evidence from the crash site. all of which begs the question, what exactly are they trying to

hide? >> now is the time to step it up. to go back and say, listen, we're going to re-engage with the missile defense system in poland and the czech republic. we're going to conduct joint military operations the way we used to do in germany in poland right near the russian influence. >> now, amid all of these crises tomorrow the president is going to embark on a three-day fund raising swing through the west coast that includes six campaign-related events for democrats across three different cities. now, tonight white house aides say, look, when the president's traveling he's got air force one, he's got secure phone lines, he can conduct secure conversations with his national security team or with world leaders, which he's been doing over the last several days. and they currently say that they plan to go ahead with the fund raising schedule but leaving the door open if the crises get worse either in ukraine or gaza and his presence is needed back at the white house over the next three days, they could change that schedule, sean. >> sounds like they're getting a little sensitive to the, well, growing criticism about the president's fund raising especially on the night where all of this was going on.

what about the issue of the president and the russian reset and i'll have a little more flexibility once i get re-elected? what happened to the once great relationship that he was supposed to have with putin? >> well, i asked josh earnest that question today. remember the president said, look, after i got re-elected he would talk more about missile defense and have more flexibility and be able to move forward with putin. i pressed josh earnest. he said the problem is not the president but putin. as for the fund raising, josh earnest was also pressed by abc's john karl today about the optics and did he have any regrets about when this first started, he went ahead in delaware with the burger joint and in the fund raising, josh earnest said they have no qualms about it at all. >> where does the president think that putin or the separatists got the buk missiles from? didn't it likely come from russia? >> no doubt about it.

>> fired by russian-trained soldiers? >> no doubt. you saw secretary of state john kerry on all the sunday talk shows suggesting they are pointing the finger at russia. i think the question is heard that from republican mike rogers, what's next? what are you going to do about it? there continues to be talk, but rogers and other republicans are saying the sanctions have done little to stop putin. >> last question. this relates to israel. this seems to be conflicting message from the administration. they say israel has the right to defend itself, but yet we keep hearing about all the pressure that is being brought to bear on israel by the white house for them to deescalate or not finish the job? you know the open mic comments on chris wallace's show yesterday. how did that questioning go on today? >> well, secretary kerry basically suggested in that hot mic moment that they were getting frustrated here at the white house, that benjamin netanyahu originally suggested, look, this is a tightly focused mission on those underground tunnels, weeding out palestinian terrorists. i think in a candid moment john kerry was caught saying, wait,

this is not a pinprick operation. this is widening. and the president then went public with that today frankly. and that shows perhaps tension between the u.s. and israel because the president was saying, look, there's a growing number of palestinian deaths, civilian deaths, and we've got to do something about it. he also noted, i should say, israeli deaths of israeli soldiers and rockets coming from gaza. bottom line it's been a sometimes tense relationship between president obama and prime minister netanyahu. if the president stands up, he's going to be in a pickle with the israelis. but if he doesn't stand up about the growing civilian deaths, obviously the arab world is going to be upset as well. >> i wonder as an american citizen what would happen if 1600 rockets with were fired into american cities, american towns, american states? ed henry from the white house tonight. thank you. and for the very latest on what's happening at the crash site, we turn to steve harrigan standing by in the ukraine. steve. >> reporter: sean, after days of really agonizing delays, some

small steps forward on the ground. malaysia's prime minister saying he's reached an agreement with the rebel leadership here, those rebels backed by russia, to turn over the black boxes, those flight data recorders. also some progress on the bodies, those passengers making their way home. that voyage has finally begun. refrigerated train cars have left rebel controlled territory near the crash site making their way north to ukrainian controlled territory. those bodies more than 280 of them as well as the remains from perhaps a dozen more passengers will be flown to amsterdam. there the dna testing will begin for identification purposes. those bodies eventually being sent back to their countries, back to their families after an agonizing wait. back where i am, city of donetsk, city a few miles from the crash site, shows how difficult it is to carry out any full-scale investigation here on the ground. both sides are going at each

other in a very heavy way. the rebels and ukrainian army using rockets, using tanks, using armored personnel carriers. a real fight here in a heavily populated city. throughout most of the day you can hear the rockets thunder and people on the run carrying their bags showing you just how difficult it's going to be to carry out what the dutch want, a full-scale forensic investigation in a place where a very hot war is still going on. sean. >> hey, steve, what about the issue of number one the black box? i've never understood why people think they're going to glean a lot of information from that considering it probably happened instantaneously as it relates to the plane. number two, what about the bodies have been mistreated and not properly taken care of? >> reporter: certainly more important than the black boxes would be pieces of those buk missiles. and of course after several days of delay in keeping all the international investigators out of here, the rebels have had certainly a chance to pick through and remove key pieces of evidence. european analysts have already said some of the key evidence

has already disappeared. so investigators even when they get on the site might not get what they're looking for. and as far as your other question about what's going to happen next, it's really unclear at this point but with both sides going at each other in a heavy push, it looks like the ukrainian government is pushing hard to try and retake this major city which is still now controlled by the rebels, sean. >> all right. steve harrigan thank you tonight in ukraine. and here with exclusive reaction to the downed jet is ukrainian ambassador to the u.n. yuri, thank you for being with us. what about the issue of the buk missiles, specific do you believe that in fact with the russians taking control of the crash site that a lot of the evidence has been taken away? >> yes. we had evidence that these buks they brought from russia to ukrainian territory and now use

it for this terrible crime so they moved them out. it was filled by amateurs, and they provided evidence to the initial security service. it should be the materials presented to the investigation -- international investigation team. >> from my understanding of the buk missile system, there's a certain degree of knowledge, expertise, that is necessary to fire those missiles. >> true. >> do you believe it is possible -- do you believe, a, that those missiles came from russia with the support of putin? do you believe he sent some of his military to fire those missiles? >> for sure. detained people, detained russians, they confirmed the special experts including two of those arrested in the region and

right as experts fire adjustment. it means professionals worked with buks there. >> i was surprised to learn that all of these ukrainian military jets and helicopter have been fired out of the sky in the days leading up to this. how many in total were taken out of the sky? >> for them it was much easier to target them because the low flying objects and they used transferable weaponry. and so in total we lost two jets. three helicopters. >> let me ask you bluntly, in your opinion, do you have any doubt in your mind that vladimir putin is responsible for taking down the planes and helicopters you just mentioned and this commercial airliner? >> the terrorists on the ground,

they claim that they are responsible. >> is there any -- are they tied to putin? does he have culpability? >> they confirmed all previous attacks on other helicopters and airplanes. they did that. they targeted them. as far as this recent attack concerns also they confirmed what they used. they started to change by social net the victory. that's why a lot of the evidence -- coinciding evidences and data which confirm that russia stands behind that with weaponry including sophisticated buks. >> ambassador, thanks. also coming up next here on

"hannity". >> it's a hell of a pinpoint operation. >> secretary of state john kerry's true feelings on the israeli ground invasion caught on an open mic. coming up next, reaction from the israeli ambassador to the u.s. and later tonight lieutenant colonel oliver north and sarah palin will be here with their analysis. and the latest from the texas border as governor perry puts 1,000 national guard on the border to do obama's job. that's all coming up tonight straight ahead. you've reached the age where you've learned a thing or two.

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if thox news alert, israel's ground offensive has now entered its fifth day. and yesterday was reportedly the bloodiest day of the conflict so far. and as the death toll continues

to rise, standing by with the very latest details from gaza city is fox news's own conor powell. conor. >> reporter: well, sean, one of the main concerns for israel during this military operation here in gaza are those underground bunkers used by hamas, but also the tunnels that are here in gaza and go into israel. today we saw just why they're of such concern. early this morning about a dozen or so hamas militants took that tunnel in, went all the way about half a click, half a kilometer inside israel, lay and wait and launch attack on an israeli patrol. four israeli soldiers were killed. now, about ten of those hamas fighters were also killed during the exchange. but the fact these fighters were able to get all the way into israel that far has a lot of people in israel spooked. even more so in terms of the fear than those rockets cause in israel right now because those rockets can be shot down by the iron dome, these tunnels israel is trying to locate them here in gaza and try to find the spot on the other side in israel where

they come out. they're causing a lot of concern. now, here in gaza there is a growing humanitarian concern here. according to health officials 571 palestinians have been killed in the last two weeks during the conflict here. the majority of those civilians, women and children. today at a hospital we saw a great many children injured. we also went to a refugee camp where we saw women and children fighting over drinkable water. there's a shortage, according to the u.n., of drinkable water, of food chl the u.n. saying right now 81,000 palestinians have taken shelter in u.n. facilities here across gaza. as a result the united states state department announcing today they are giving $47 million to humanitarian assistance here in gaza. the concern is that the fighting is intensifying, that there's talk of a cease-fire. but nothing really has improved here on the ground. and in many ways, sean, it is getting much worse for both sides. >> conor, thank you.

yesterday secretary of state john kerry made the rounds on the sunday talk shows. before his appearance on fox news sunday, he was caught on a hot mic making these comments about the israeli-hamas conflict. watch this. >> it's a hell of a pinpoint operation. it's a hell of a pinpoint operation. >> right. escalating significantly just underscores the meaning for cease-fire. >> we've got to get over there. thank you, john. i think, john, we ought to go tonight. i think it's crazy to be sitting around. >> here with reaction israel's ambassador to the united states. how about i give you my interpretation and tell me where you're wrong. sounds like he's angry, he's impatient. he feels that this has gone beyond what he thinks is appropriate. and he's going over there to give you guys a lecture in israel. that's how i interpreted that. and i think it's the wrong way to act and wrong thing to say. your reaction.

>> i don't think that's the case. i'm sure secretary kerry supports israel's right to defend itself. he's said that to me personally and on air in countless interviews he had yesterday. people understand. they ask themselves, what would america do if you had 2,000 rockets fired at america by a terror organization from contiguous territory and 200 million americans in bomb shelters, about two-thirds of your country. that's the situation we have in israel. so there's broad backing for israel's right to defend itself. i want to remind you, sean, we agree today a cease-fire. >> twice. >> we didn't want to get into this. quiet would be met with quiet. unfortunately hamas continued to fire rockets. hamas rejected a cease-fire. there were u.n. cease-fire proposals, there was also humanitarian cease-fire proposal and every single time israel abided by it and hamas rejected. that's the problem, hamas has to stop the rocket fire at israel. >> but hamas is a terrorist

organization. hamas initiated this. hamas is using palestinians as shields ioperation as they fire these rockets from schools and from hospitals and heavily populated areas. hamas is pushing the palestinians back in their homes because they want -- obviously they want the pr of dead bodies so that they can get world opinion on their side. what are you doing to prevent civilian casualties? which by the way is fairly unique to a wash situation, is it not? >> it is. and i think it's unprecedented particularly when your own homeland is being attacked. we've got two-thirds of our population in bomb shelters, and we are taking action that i'm not aware another country faced with a similar threat has ever taken. we drop fliers and we make phone calls and we send text messages. we do everything to keep their civilians out of harm's way. they do everything to keep their civilians in harm's way. that's the difference between us and them. and i don't know, sean, if there is another example of an organization or state, in this case it's a terror organization,

hamas, using their civilians as human shields in such a strategic structural way. that's what's happening. their entire tunnel network, their missile system, everything is designed to force israel to take action in the hope that we will make a mistake, that civilians will be killed and even the most careful action, legitimate action of self-defense, civilians could be killed. then they're hoping those pictures will run on television. and everyone who sees those pictur pictures, obviously you have a heart, you're very compassionate, but then they hope the blame will be put on israel. it has to be put on hamas for putting their civilians in harm's way. >> i've got to tell you something, i don't think i've seen -- now, this is a surveillance video underground right there of the number of hamas people. i don't think i've seen a more sophisticated underground tunnel system in my entire life. how many tunnels do you think are running from gaza into israel? this one got blown out. >> i don't want to give you an exact number, but let's just say

it's dozens. and we're exploding a lot of them right now. we're finding a lot of them. that's why our military is in there. but it just goes to underscore once again that hamas took hundreds of millions -- billions of dollars that they received not to provide a better future for the people of gaza. not to help the palestinian civilians in gaza have a better life. but basically to build these terror catacombs. that's what you have. a subterranean fortress that they have built under gaza in order to attack israel. >> it's very interesting because what would america do, is the main question. two-thirds of the country in a bomb shelter, 2,000 rockets fired into american towns and cities. i actually spoke with you earlier today, you used an interesting analogy where you talked about the bombing of britain in world war ii and what their reaction was with the germans. they carpet bombed german cities. >> that's right. look, that's the only other example you have where a city or

country is rocketed with thousands of rockets. that's why i think not only should israel's action against this terror organization be supported, we deserve the admiration of the international community for the way that we are conducting this war. we are conducting it when our own people are sitting in shelters, and we are doing everything to avoid civilian casualties. and if the world wants to prevent more palestinian civilian casualties in the future, they should stand with israel today. they should send a message to hamas that the human shield strategy is not going to work. we're not buying it. we're not going to blame israel for this. we're going to blame you. and i hope that the u.n., international human rights organizations, will stop being silent and will take a clear stand against hamas and their use of human shields. >> all right. ambassador, thank you for being with us. coming up more on this busy news night tonight on "hannity," former alaska governor, sarah palin, they'll be here to react to the latest invasion and the latest out of ukraine the international pressure starting to mount on vladimir putin.

also, 1,000 national guard put on the border not by president obama but by governor rick perry. we have that story and more coming up straight ahead. nineteen years ago, we thought, "wow, how is there no way to tell the good from the bad?" so we gave people the power of the review. and now angie's list is revolutionizing local service again. you can easily buy and schedule services from top-rated providers. conveniently stay up to date on progress. and effortlessly turn your photos into finished projects with our snapfix app. visit angieslist.com today. ♪ ♪ ♪

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>> and they started this war by kidnapping three israeli students and killing them and then firing a zillion rockets into israel, right? >> thousands. absolutely correct. >> so why do we find ourselves where world opinion is not where it should be with the canadian prime minister has it. and that is unequivocal support, why isn't the united states saying it and doing it? >> because our president has reset our relationship with every country on the planet earth. think about it. there's not one country -- i don't care what his spokesman says. there's not one country with which we have better relations today than we had five and a half years ago. and what you're seeing with israel, and you heard very clearly from john kerry in that open mic accident, right? the open mic says exactly what he's thinking. we've got to stop the jews from doing what they're doing to defend themselves. because it is a pinpoint

operation. >> every time the president says -- by the way, we're showing, you know, the sophisticated level of tunnels and the infrastructure and millions and millions that haven't been spent on the palestinian people. they've been spent on rockets, bombs and building tunnels and infrastructure to kill the israelis. the president reaffirms the right of israel to defend itself, but quietly they are pressuring them nonstop not to defend themselves. >> sean, this entire attack begins because the iranians, who provided the rockets, provide the weapons, provided all kinds of infrastructure support for terrorism to hamas, much of it through egypt when morsi was the head of the country, all of that is being done at the direction of tehran. and tehran is the place where everybody wants to ultimately focus in this administration because they want to do a deal on nuclear weapons with iran. that's where all of this is coming from. and so what you're looking at is a disaster going on right now

with ukraine. a disaster in iraq. a disaster in libya. there's not a single solitary success story in anything what they've done. and now for the very first time since 1948 israel has reason to doubt america's commitment because of barack obama. we have surrendered control over our southern border. we've got a lousy relationship with canada, our closest ally. and if you look at what's going on in the rest of the world, everyone is worse off because america has failed to lead. that's what it ultimately comes down to. >> canadian prime minister, no caveats, no qualifiers, no pressure behind the scenes, israel has the right to defend itself. let me put up on the scene the undersecretary of state for public diplomacy and public affairs, rick stengel, tweeted it this weekend, which is frankly unbelievable, #unitedforgaza. did you see that? >> oh, yeah.

sean, again, this is the agenda of this administration. go back to when john kerry first became secretary of state. the initial overture by john kerry was to go back to the pre-1967 borders of israel. that was the pressure point. he threatened them with embargoes. he threatened them with cut off of cooperation on things like iron dome. and that's where we're headed today. john kerry is now in egypt, thankfully president in egypt is saying this is hamas's fault. hamas started this. it was all done at the iotolas in iran. >> number one, we funded the muslim brotherhood of mohamed morsi with f-16s, with tanks, with billions of taxpayer dollars. similarly we're giving this coalition, hamas government, american tax money when they have in their charter the destruction of israel. and the only analogy i thought ambassador dermott was right on

earlier today when he told me that during the bombing of britain, britain responded with bombs being dropped in london with carpet bombing of german cities. the israelis are not doing that. they're trying to avoid civilian casualties. >> exactly. and that's why i said it is a targeted operation. we can create some news right here tonight. we'll commit news, sean. >> okay. >> when i was in israel last year, i was told by several very senior officials in the israeli government that they wanted to stop the shipment of concrete, cement, into gaza that was coming in, again, at the request -- at the direction of morsi. and shipments -- entire shiploads of concrete. no new buildings were put up. all that concrete went underground into bunkers and tunnels going to israel. the idea that israel is going to subject itself to having its children kidnapped, and we've seen hamas terrorists moving into israel for that very

purpose. they've got on the bodies, handcuffs and anesthesia. and what they're trying to do is to create the kind of situation where they can exchange once again one or two israeli children in exchange for thousands of hamas terrorists. i mean, this is surreal that we would be telling israel you've got to stop the operation. and that's what john kerry is trying to do as we speak right now. that's why he's in egypt. >> unbelievable. colonel, good to see you. thank you. >> good to be with you, sean. and coming up, chaos erupts around the globe. former alaska governor sarah palin joins us with her analysis. and she has some harsh criticism for the obama white house. also, as illegals continue to pour over our southern border, governor rick perry decided to take a stand, go it alone considering the federal government's not going to do their job. he's now called up the texas national guard. we'll tell you all about that and more as "hannity" continues. fact. every time you take advil liqui gels

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welcome back to "hannity." we continue to cover the developing crisis around the globe. tonight and the tense situation here at home on our southern border. joining me now with reaction to all of that, alaska governor sarah palin. what a view you have behind you. thank you for being with us. >> thank you. >> let me start with the president. went golfing this weekend. the president was in new york fund raising the night israel begins its ground incursion. and of course the border crisis he does nothing. the v.a. crisis he does nothing. governor perry today steps up and puts 1,000 people on the border, the national guard. what is going on here with him from your analysis? >> well, he's obviously very disconnected to what people are going through in real life as we outside of that washington, d.c. bubble are quite concerned about the middle east being a tinderbox, about the domestic

issues that are really adversely affecting all of us. he's disconnected from that. but you know, one of the specific issues going on right now as we have seen the airliner shot out of the sky, it's reminiscent of back in '83 remember when the korean airliner was shot out of the sky, 269 souls were lost, i believe in that. the reaction from our president then, ronald reagan, to compare that to the reaction of all these issues that are erecting right now with our present president, how different it is. ronald reagan called out evil. he certainly didn't ask for flexibility or boast about needing, wanting flexibility when a relatively evil man were to be in office. such a difference in the mindset of the presidency then than now. >> the president's going to more fundraisers, they announced, but they're going to monitor the situation. ed henry reported at the top of the show.

played golf this weekend. he came to new york the night all hell was breaking loose around the world. martha's vineyard coming up. to me he seems checked out, either out of touch or checked out. he just doesn't seem like -- you know, if i was president and i heard that veterans were dying in v.a. hospitals were doing their job, i'd set up a 1-800 number the next day. that's still not solved two months later. what is going on in his mind? how do you analyze this? >> well, other examples too. he was there in a border state when the crisis -- the border crossing crisis, the invasion if you will, of illegal immigrants really started erupting. he was in a border state and chose instead to go to fundraisers instead of visiting the border and seeing the consequences of the actions he has taken that has caused these crisis. again, very disconnected. i think he is so far over his head. i mean, he's in over his head. we warned people in the campaign that he had no executive experience. he didn't have a resume at all

that would prove a track record of knowing how to handle situations like this being a community organizer with no real responsibilities. i believe a manifestation of his acknowledgment that he is in over his head is that distancing himself, passing the buck point and fingers, physically even distancing himself from these crisis. >> you know, i took that trip. i was in dallas the night that governor perry met with the president. i went down the next day to mcalan texas. i sat in a briefing where i learned 642,000 crimes in six years were committed against texas citizens by illegal immigrants. i don't think the president seems to know or care about it. it's just bizarre to me he spends all his time doing all this other stuff. let me ask you about eric holder. you made some comments, he responded. and i want to get your chance to respond to his attacks against

you. >> there's a certain level of vehement directed at me, directed at the president. you know, people talk about taking their country back. you know, i can't look into people's hearts, look into people's minds. but it seems to me that this president has been treated differently than others. there's a certain racial component to this for some people. i don't think this is the thing is a main driver, but for some there's a racial animist. >> i want to show a tape, governor, back in 2008 where you predicted russia would invade the ukraine. how interesting you got it right and how little coverage this has gotten. >> the russian army invaded the nation of georgia, senator obama's reaction was one of indecision and moral equivalence. the kind of response that would only encourage russia's putin to invade ukraine next. >> pretty profound, governor,

don't you think? >> real profound. well, who couldn't see it coming when you're living here and you can see it right on -- not from my house, but you can keep an eye on putin and russia from right here. no, i think that some obvious developments have taken place. and when we have a president who seems to be embracing this idea of shirking back as once this superpower, the shining city on a hill for the rest of the world to see and feel secure and wish to emulate. when we shrink that back now and there is a vacuum now on the globe that is calling for leadership and calling for influence, that vacuum is being filled by evil men. and that's so unfortunate. it's not too late to get it back though. you know, mid-term election wills have a lot to do with getting that exceptionalism that is america, that message, back on the globe. and we certainly need to elect people who understand it and will fight so hard for american exceptionalism again. the world will be a safer place. >> hope the republican party

gets their act together. good to see you, governor. appreciate it. >> thank you. >> by the way, spectacular view up there. we've got to go salmon fishing up there one day. got to grab todd and go. coming up, a man dies after being put in a choke hold by police. was this action justified? we'll show you the tape. check in with our panel tonight as "hannity" continues. wouldn't it be great if hiring plumbers, carpenters shopping online is as easy as it gets. and even piano tuners were just as simple? thanks to angie's list, now it is. we've made hiring anyone from a handyman to a dog walker as simple as a few clicks. buy their services directly at angieslist.com no more calling around. no more hassles. start shopping from a list of top-rated providers today.

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welcome back to "hannity." late last week a staten island man died after new york city police officers struggled to take him into custody for allegedly selling cigarettes on the street. now, in this very disturbing video after eric garner refuses to be arrested peacefully, you can see one of the officers, well, put the 6'3", 350-pound man into a choke hold while the other officers attempt to wrestle him to the ground. soon after he was restrained, he was nonresponsive, taken to a staten island hospital where he was pronounced dead on arrival. here to discuss this and much more, nypd detective beau author of the new book which i myself wrote the forward to "lone star america." we'll get to that in a minute. this is what's nuts about this.

$6 a pack tax on cigarettes in new york state and new york city. so it's now they've created a black market to sell cigarettes. then the cops have to do their job and waste time from drug dealers and rapists and murde r murderers and arrest cigarette dealers. and this guy kind of resisted arrest, the guy put him in a choke hold and now maybe one of these cops is going to go to jail. >> he should. he should go to jail. >> for what? >> he committed a murder. he murdered an innocent man. you can blame the tax all you want. >> murder? >> did you see him -- >> in 1993 -- >> wait a second. counselor, murder i think is premeditated. >> you're wrong, sir. not all -- >> you go right to murder. he intentionally killed this guy? >> we can debate murder. >> you sound like al sharpton now. >> the innocent part is provably

false. clearly not an innocent man by definition. >> who? >> mr. holder -- or not mr. holder, the gentleman selling the cigarettes. >> he was breaking the law so he deserved to die. >> not at all, but you called him innocent. which is false. >> but he also resisted. the other part other part of th you're not allowed to use choke holds. >> first of all my sorrow. >> this is a tragedy. >> this is a dead man. do you want to know something? there is no one on fault. do you see the size of this man? to take him down to handcuff, i've done it before. you know i locked up thousands. but the problem here is that when the medics get there, why didn't they respond? cops are not medics or first responders. wait a minute. >> not breathing. >> she the should have stumbled through. >> he should be charged. >> tamara is right.

choke hold is wrong. >> it's illegal. >> right. >> it's not -- screaming i can't breathe, i can't breathe. >> he's asthmatic. he probably said that going upstairs >> did you see the size of the cops? because of a government putting such exclusive, they call it losy. this is ridiculous. >> tamara just said is 100% wrong. i take offense to it. these cops had no intention of killing this guy. this guy died because of his medical problems on top of it. when you grab a guy like that, trying to handcuff, my problem was medical people -- >> they murdered this man and that is a fact. >> mark and i have been friends a long time

he wrote this book "lone star america" >> we're thriving. the rest of the country goes into the -- >> so 24,000 jobs in seven years created in california. new york losing population, billions of dollars of wealth. same in new jersey, illinois . texas created a million new jobs. >> there is no one size fits all but a lot of republicans coming up here in a few months and running for presidency. republicans are going to say hey, try this. low taxes, it will be a great idea. >> why not just point to texas they've been doing that 20 years >> i love america america. >> i love it. >> i like cowboys. >> you're a wannabe cowboy now. how are you from new york interviewing governor perry in cowboy boots?

are you next going to show up with a lasso? trying to rope bulls? >> that choke hold -- >> this is going to be obama versus perry. . >> i tell you what. >> national versus state policies. >> there is a 90% new york state income tax. 0 in texas. i live in the second highest property county in the country. i'm leaving and taking my money with me. >> you sound like the kid that wants to run away. i swear, i'm leaving. i swear. >> i gave the date. when my son graduates from high school. . >> i love to stay in texas where real americans are. i might take you up on that moving truck. i'll put my stuff on, too. >> i'm up to here, too. city tax, state tax. i'm up to 51%.

>> 60% of my income goes to her government. >> maybe you should be a 1%er. >> what? >> the world is ending. israel at major war. planes being shot down. what does the president do? sign a bill to give the gays support they need. >> martha's vineyard. >> i got to go. >> mark "lone star america". how texas can save our country. coming up next right after this. more "hannity" is straight ahead. (son) oh no...

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>> that is our report this evening. before we go, hope you'll set your dvr.

start your day with "fox and friends" we'll see you back here tomorrow night. gretawire.com. the o'reilly factor is on. tonight this is ridiculous. bodies are raining from the sky. he shouldn't be playing golf and fundraising. >> president obama continuing to take heat over his leisure activities in the face of international crisis. is that criticism fair? we will hear both sides. >> i know you and others don't ever want to give the obama administration credit. >> chris. >> you don't like to get answers. i don't care how many questions you ask, i'm going to finish my answer. >> secretary of state kerry getting frustrated as problems continue to mount overseas. what kind of job is kerry doing? we will tell you. >> he thinks the government should give people free cable tv. >> yeah or if people like movies dvd