factor." if you're teed off, we want to know about it. thanks for watching tonight. ms. megyn is next. i'm bill o'reilly. remember the spin stops here. definitely looking out for you. breaking tonight, our showdown with russia gets ramped up as president obama accuses vladimir putin of launching cruise missiles and violating a critical weapons treaty. a provocative move which nato's top commander has said "cannot go unanswered." welcome to "the kelly file," everyone. i'm megyn kelly. we are still getting details. this cruise missile testing has reportedly been going on for some time, perhaps for years. but the administration suddenly just today, and this is just hitting the wires, decided that russia has indeed crossed a big line with our president writing directly to vladimir putin

accusing russia of violating the 1987 treaty signed by president reagan and gorbachev. president then of what was the soviet union. president obama reportedly sending this letter directly to his counterpart in russia this morning as well as having john kerry deliver a similar message to the russian foreign minister. also tonight just hours ago, the u.s. releasing new satellite images from this saturday appearing to provide the clearest evidence to date showing that russia is directly, directly, attacking ukraine with deadly force. look in the lower right of your screen. the green box shows the telltale signs of rocket launchers in russia. in the upper left, the blue x shows the charred craters of explosions ntds ukraine. this comes after this amateur video last week reportedly showing what we were told were russian military units firing artillery shells directly into the ukraine. the pentagon called this a clear escalation, that's a quote, of

hostilities by russia days after pro-russian separatists in ukraine were accused of downing malaysian airlines flight 17 killing almost 300 people. now, the highest ranking military officer in the u.s. military, chairman of the joint chiefs of staff, general martin dempsey, says the armed forces are dusting off military plans dating back to the cold war. >> we're looking inside of our own readiness models to look at thingsqq

deal. the shelling's a big deal. but as you suggested in your buildup to this, megyn, there's an awful lot now going on being directed by the russians against the ukrainians. i don't think it can stand unanswered. >> joining me now governor mike huckaby. governor, he doesn't think it can stand unanswered and we're dusting off the cold war war plans as we seem to be upping the ante with our president writing directly to vladimir putin about cruise missile tests that reportedly date back to 2008. why now? >> you know, first of all, megyn, if you're in ukraine, i don't know we'd say it's all that cold. it's a pretty hot situation going on. >> that's what general hayden said too. >> yeah. you know, i think one of the things we have to ask, is it just the issue itself, or is it also the timing?

and it's a little bit overwhelming when you think russia has been apparently developing this capability for these intermediate range nuclear force missiles, the inf, that was supposedly banned in 1987 in the treaty. but remember putin has no respect for that treaty. he said he thought gorbachev made a big mistake in signing it. this is the vladimir putin who believes he's sort of superman. and he's like the teenage boy sitting in his room his mother says don't make me come up there, but his mother hasn't been this five years. he's not the least bit worried anybody's going to come up there and check on him. and i don't think a strongly worded letter from barack obama, if he can get it sent off before his next round of golf, is going to matter to putin. he simply doesn't care. >> the nato supreme commander has come out and said -- well, they've been informed. we informed them months ago back in january according to "new york times." and they've come out, nato's top commander has said this cannot go unanswered if in fact there

was this violation of a cruise missile being tested which clearly violates a 1987 treaty that the russians signed. it cannot go unanswered. but the question is, what is america prepared to do? and is barack obama poking vladimir putin right now? and if so, why? this is from the "new york times" january 2014. okay, january 2014 when we reported on the cruise missiles being tested. they said, "a public dispute over these tests could prove to be a major new irritant in the already difficult relationship between the u.s. and russia." well, barack obama accepting that major new irritant and flagging it in the face of vladimir putin. and why would he be doing that right now? >> i think one the reasons that maybe putin is pulling this off is because he knows barack obama -- first of all, is utterly checked out. he's simply not paying taeng to the american border, the situation in gaza, the situation in ukraine. he's checked out. so putin doesn't believe that

there's any real validity to anything that barack obama or john kerry might say. but i think the other reason, he's poking all the boundaries just to see how far can he go and what will be the response. when i hear people say, well, it can't go unanswered. all right. what's the answer. we're not going to launch a military attack against russia. the europeans aren't going to do that because the energy that they have to have from russia is so important to them that they're kind of being held hostage. all the more reason, megyn, that we ought to be pouring energy out of our own u.s. soil and make the europeans realize they've got another option. in other words, there's another pump available. and it doesn't have to be russia. that's the best way that we cannot only kind of get putin's attention but break the russian economy. >> i mean, the relationship between the united states and russia seems to be at a new low since the end of the cold war. we have their interference with syria, what they did with edward

snowden who we told not to house and went ahead and did it. we've got the missile defense where we back down based on putin's demands and removed a lot of our technology. we've got now obviously their invasion in ukraine and their seizing of crimea. and now we've got them assisting these pro-russian separatists who the separatists at least appear to have shot down a passenger jet. in the midst of all that now we get reminded by "new york times" that they've been violating a 1987 -- critical, this is a critical, very big and important treaty. and tonight barack obama seems to be raising that particular issue. i don't know why, trying to raise it with nato, trying to get allies to be more insensed about russia. but this seems to be the way we're going to dredge up some old disputes about which we're unhappy. >> well, you made an interesting point, and that is that this is maybe one of the biggest points of conflict we've had with the russians in a long time. i'd say probably since -- banged

his shoe on the table and made such a scene. this is a very, very tense situation. but i don't think it's a situation that vladimir putin is all that worried about. and i have to wonder when barack obama sat down with the then-president and asked -- or made the statement, we're going to have a lot more flexibility after the election. i wonder were they laughing up their sleeves at the kremlin and now they really feel like, yeah, the flexibility is not so much the americans have flexibility, we've got flexibility to do whatever we want. what did the president mean by that? does he feel embarrassed that he fought that he had this great relationship with russia when in fact they're holding him in contempt and pretty much ignoring him. >> and they're denying all these accusations about the missile violations. but it appears clear based on the reporting thus far. governor, good to see you. >> thank you, megyn. great to be with you. colonel ralph peters is a fox news analyst and e-mailed a few minutes ago to say he thinks

this administering is trying to send a message to both moscow and the united states that president obama is "getting tough with putin." but what is the real fallout from accusing russia of violating this treaty? judge napolitano joins me now. we drafted him to help us with this breaking news. so they say they violated this landmark arms control treaty. they did it by launching this cruise missile. >> right. >> and we raised this months ago, but now our president writes directly to vladimir putin accusing him of doing it. a step that the nato commander says cannot go unanswered. that if they did it we have to do something in response to it. you can't just go around violating a major arms control treaty without there being any sort of fallout from it. what is that potential fallout? >> arguably the most important treaty that ronald reagan signed in a series of many that he signed. look, the russians for years have tried to pull back from this treaty, megyn. first they said gorbachev, well, he didn't have a consensus to do it. but gorbachev signed this in the

soviet union and it doesn't exist anymore and we're now russia, we're not the soviet union. all of that is nonsense under international law. this is a lawful binding treaty. there is no supreme court. there is no place for us to go. there are no u.s. marshals. >> nato, i mean, do we go to nato? are they the governing body? >> no. nato is our side. vladimir putin would love nothing more than to pick a fight with nato. you ask governor huk bee why is president obama revealing this now. he's revealing this now because he has a 28% approval rating and wants the american people to rally around behind him. he's known about this for months but his options -- >> and the republicans, i should tell viewers, have been jumping up and down on this saying you need to do more. you can't just let them violate this treaty and go to nato and say he did something bad and sit back. so tonight of all nights the president writes directly to vladimir putin and says something. >> on the eve of his trip to

martha's vineyard. it's a very dangerous time in american history for him to be on martha's vineyard or anywhere outside where he has access to -- >> you know he has his pen and phone -- >> his pen and phone are dangerous. he uses them to tell people how to violate the law. >> he wrote vladimir putin a letter with it. >> vladimir putin will laugh at that. look, we're not going to get involved in military activity. we are limited in the sanctions we can impose on them because when we impose sanctions on them, the sanctions hurt our allies in europe. >> but even calling attention to this. i mean, if we now don't do something, are we risking looking feckless? >> yes, we are. >> apparently we can prove no more than they test fired it, which is different than actually launching it. >> we cannot violate ourselves. we will lose all moral authority in the world if we think that because the soviet -- forgive me, that's what putin would want

us to say. because russia violated this treaty, we are now no longer bound by it. we cannot do that. we have to have the upper hand. but we do not have a president that manifests strength, steadfastness or security when it comes to the american people. >> he certainly -- >> only god knows what he's going to do in the next couple of weeks. it will be political. it won't be moral. >> vladimir putin seems to be testing not just the united states of america but the world, but us indeed as well. judge, good to see you. >> like wise. >> unbelievable. also tonight in the last 48 hours we have seen half dozen democrats reporting president obama could impeached. these are democrats. what's that all about? chris stirewalt next. and why are some lawmakers now trying to give the tax agency even more power? plus, is john kerry trying to sabotage our relationship with the best u.s. ally in the middle east? we'll look at those accusations coming tonight from israel, that

america's top diplomat is causing serious problems in the middle east. [ music and whistling ] when you go the extra mile to help business owners save on commercial auto insurance, you tend to draw a following. [ brakes screech ] flo: unh... [ tires squeal, brakes screech, horn honks ] ooh, ooh! [ back-up beeping, honking ] a truckload of discounts for your business -- now, that's progressive.

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you know. you hear some of them. sue him. impeach him. really? >> that was president obama two weeks ago leading off what has now become a drum beat of impeachment talk from the democrats. over the weekend we heard from first lady michelle obama, also white house advisor dan fifer, john earnest and house minority leader nancy pelosi all talking up the idea that republicans may try to impeach president obama. the democratic congressional campaign committee even sent out this e-mail on friday. it reads "we are now on full red alert at democratic headquarters. we are scrambling to defend the president in every way we can at this critical moment." all that comes after a recent fox poll shows 61% of voters oppose impeaching president obama. are those two things connected?

and comes as a growing number of media outlets suggest republicans have a very good chance to take the senate come november. congressman steve skalise said this on sunday about the apparent new democratic message. >> this might be the first white house in history that's trying to start the narrative of impeaching their own president. >> chris stirewalt joins me now. chris, does the congressman have a point? >> i don't know. when you say red alert and put it in all caps, it must be serious, right? >> we do that. they stole that from us. alert. >> yeah, that's your thing. i don't know what they're doing. the deal here is if you want to know how lame a lame duck is, when you are trolling the other party in hopes that they will impeach you or begin impeachment proceedings so you can raise money, and if the only way that you can really get democrats scared enough to close the lingering and pronounced enthusiasm gap between the two parties for midterms is to say

that the president will be removed from office if the republicans take control of the senate, which is not true. or it is unfathomable anyway, that if that's all you've got, you ain't got a lot. >> but what do you make of it? because the president there was mocking it. are these people ridiculous? really? impeach me? but others who have come out over the weekend seem to be raising it more like, hey, they're getting ready to do this, folks. you know, watch it. >> well, they've got for the scare tactic to work you actually have to -- the way the democrats raise money best is in relatively small increments, i call them itunes donations, relatively small increments, impulse buys and really good at sort of pushing the limb bik systems of their voters saying the urgent threat is coming. they're going to show sarah palin's picture and hit that skimmer bar to keep that response going. and they're really good at that. and it works. and that's how they raise money. unfortunately, what it causes is

a more toxic space. we can all admit that. but the other thing it causes is a supermarginalized president. if you're coming from a point of view that's i'm just trying to hold on here so they do not pry me out of office, so i'm not thrown out of office, that's not a person who can deal with much in washington. and given what this guy's got going on overseas right now, my goodness, you'd think he'd be trying to telegraph strength. not that he's going to get yanked out of office. >> what's the story? because some republicans have been talking about the i-word. in particular conservative pundits have been writing books about it and writing articles about it and in some circles pushing for it. i've had many pundits come on and say, look, these republicans who are filing lawsuits and so on, they're just sissies. don't waste time trying to sue him. impeach thim. there have been some republicans, noncrazy, nonlunatic republicans who say

if you're upset with him -- and one in five democrats favors impeachment, according to one of the latest polls, the word has been bandied about. >> and will continue to bandy. it doesn't just work for democrats. it works for republicans on fund raising. it works for the group of republicans who believe strongly in impeachment will give and if it becomes a litmus test issue just as it did for very liberal democrats with george w. bush in his second term, if it becomes the litmus test for how serious are you in your opposition, if that becomes the thing, then there's gold in them there hills when it comes to fund raising and trying to get your preferred candidate in office. when the gop primary season closes up in the next couple few weeks, i would say this issue will probably be drained a lot of its venom. >> it feels, you know, rather cynical. >> oh, just a little. little cynical maybe to talk about your own impeachment in order to try to save the united states senate majority. and i am reminded, and i'm sure you are too about the birth certificate mugs.

remember when donald trump made the president show his birth certificate and they fund raised off of it and sold mugs and talked about it all the time. it's grody, but politics is grody. >> you want a mug, i got a good one. here's one for you. >> usa! usa! >> i'll tell you at the end of the show what's in here. right now it's just between me and james. coming up, more on this breaking news about russian missile test and saying the former soviet union has violated a critical arms treaty. and the story on the democratic senator caught plajerizing an academic paper and why this may cost him a lot more than public embarrassment. h. h you make a g. it's been that way sincthe day you met. but your erectile dysfunction - it could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph

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back now to our breaking

news on the showdown with russia getting ramped up. if you just tuned in, you have seen our alert running at the bottom of our screen. just a short time ago the news wire's breaking reports that president obama today wrote vladimir putin a letter and accused russia of violating our critical 1987 arms treaty with a series of cruise missile tests. now, these tests may have been happening for years, as far back as 2008 perhaps. but the administration has now decided that russia has indeed crossed the line. and president obama reportedly sent this letter to president putin this morning while secretary kerry called his counterpart in russia. as we learn more from the white house or elsewhere, we will update you on our news. also developing tonight, a new twist in the saga of democratic senator john walsh accused of plagiarizing an important academic paper he wrote. just a few days ago he said he may have plagiarized that paper

because of pstd treatments. he's a veteran. and now he's telling a different story. trace gallagher with the very latest from our west coast bureau. trace. >> megyn, senator walsh's campaign told us today he's fully cooperating with the army war college review, but he's not doing interviews. although as you mention his story is beginning to shift a bit, he's accused of plagiarizing his research paper by lifting passages by nine different authors. in several he copied the passages word for word. when he was confronted he cited post-traumatic stress disorder. now he says that's not what he meant. listen. >> i am in no way, no way, tying to what i did to any type of, you know, ptsd. you know, that had nothing to do with the mistake that i made. and, you know, people are trying to say i may have said that. you know, if that was thought of that, that's not at all in any way what i meant or said. >> except that he actually did

say this, quoting here, "i don't want to blame my mistake on ptsd, but i do want to say it may have been a factor." the website updated its version of events saying walsh's tank was hit by hundreds of ieds and then amending to one ied. one of those who he copied said i'm not personally injured by it, but it's disappointing that a fellow colonel would do something like that. after the initial review quoting it is indeed strong reason to believe this is plagiarism of the eight students whose degrees have been revoked by the army war college, six were because of plagiarism. walsh is vowing to stay in the race but is running behind in the polls, megyn, and reportedly having some trouble raising money. >> trace gallagher, thank you. also developing tonight, why are some folks in israel

suggesting that secretary of state john kerry is trying to sabotage our relationship with our best u.s. ally in the middle east. ralph peters is next. and later, the story of the disgraced detroit judge who sexted shirtless pictures of himself to a female bailiff and then had an affair with a plaintiff in one of his cases. that's not allowed? yep, that's me. no shame, nobody gain. i ain't talking to nobody else's wife. you can almost get that here and now. [ female announcer ] it's simple physics... a body at rest tends to stay at rest... while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day

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breaking tonight, we have had a series of reports about a major series of new attacks on hamas targets inside gaza. those come after accusations this weekend that america's top

diplomat, john kerry, is doing serious damage to our relationship with israel in the middle east. the secretary of state delivered a new cease-fire plan to israel and hamas. and the reaction was pretty clear. a headline in the left leaning israeli paper leading "what was he thinking." they called it one of kerry's most embarrassing incidents since taking office. adding that secretary kerry seemed and sounded as if he came from a "parallel universe." they added his proposal not only shocked cabinet ministers but that it was "everything hamas, which we recognize as a terrorist group, could have hoped for." and even suggested that his conduct is now raising serious doubts over his judgment and perception of regional events in general. joining me now lieutenant colonel ralph peters. first, i have to ask you about this breaking news with russia and this letter that our president has penned to vladimir putin tonight months after we said they did it initially and months after republicans had

been pressing him to do more. why now? >> well, real question is why not before. and the answer is in the past it was to obama's advantage to cover it up and pretend that things are going swimmingly with russia. but now obama is desperately reaching for ways he can appear tough on russia without actually doing anything. so by breaking this news that russia violated a 1987 treaty, it sends a message to putin, he hopes, that we're serious now. we're not going to let you slide on this. but he still hasn't done anything. so you can send all the letters to vladimir putin you want, without concrete action it's meaningless. >> let's turn to israel and this scathing piece talking about this is one of the most embarrassing incidents the secretary has suffered. he said the document he proposed -- they said the document secretary kerry proposed placed israel and hamas on the same level as if israel

wasn't an ally and if israel was a terror group. your thoughts. >> i think you have to separate obama and kerry. kerry -- secretary kerry is certainly not trying to sabotage our relationship with israel. but for kerry it's about kerry. he desperately wants to achieve personal glory. now, i do think that president obama on some deep level sees israel imperialist, bad guys and hamas and hezbollah as freedom fighters. >> do you? >> i do. >> even the piece said secretary kerry is not anti-israel. >> that's pro forma. but i don't think kerry is as hostile as obama is. i think obama because of his background just doesn't like israel. but the real problem we have is on a practical level. and secretary kerry just doesn't seem to have this supple dynamic incisive intelligence you have to have to play in the middle east. and when he gets in a room, as

he recently did with a foreign ministers of qatar and turkey and other regional states, he's just not the smartest guy in the room. and so the notion that he could pass off the deal, the cease-fire deal, he was trying to force on israel. i mean, no grown-up would think israel could buy into that. and, megyn, this has been in the administration whose foreign policy has been all bumper stickers. in every conflict we hear the same things. military force can't solve this, negotiations, war doesn't solve anything. well, for israel right now dealing with these tunnels, dealing with these rockets, the only solution that i or any sensible person can see is for israel to press this all the way, destroy the tunnels, destroy the rockets and destroy hamas. >> we've heard more and more of this. i want the viewers to understand this, a lot of folks are saying israel shouldn't agree to a cease-fire. israel should focus on winning.

is that where you stand? >> absolutely. israel has 100% of the right. hamas is a terrorist organization. and this reflexes insistence from obama and kerry that there's always got to be a cease-fire. they wanted a cease-fire in ukraine which would play into putin's hands. freeze things on the ground just when the ukrainians are making progress. in the middle east the cease-fire kerry proposed would have given hamas every single point they asked for while preventing israel from even blowing up those terror tunnels. it was absolutely nuts. but, look, i don't think kerry is malevolent. i don't think he's evil. i think he's too small a man for the job. he just can't deal with the complexity of the middle east. by the way our state department still thinks it's 1963 in the middle east. they don't understand that the entire region is in turmoil. the old order is breaking down. the borders are gone. iraq's not going to come back. and by the way on the subject of

iran and israel and gaza, an iranian general just said that, you know, as far as he's concerned muslims are going to get to israel and go house-to-house killing every jew. now, with that kind of attitude toward israel, while israel just wants to live in peace with its neighbors, how on earth can kerry think -- or can obama think as he apparently does, that there's some kind of moral parody between hamas and israel? israel's fighting for its life. hamas is killing its own people for photo ops. >> ralph, good to see you. >> thank you, megyn. we're joined now by mark hannah, a democratic campaign veteran who worked on both the kerry and obama campaigns. start with that. an interesting interview with the head of hamas this weekend and asked him could you live next to jews and he said yes and he said could you live next to israel and he said no. how are they supposed to negotiate, mark? >> they're having a hard time

negotiating. i think what the american people are getting so frustrated with right now is the fact that when israel is bombing gaza right now, there are 2 million people living in gaza, only 15,000 of them are affiliated with hamas. so that's less than 1%. >> the other side -- i'll let you finish. the other side says, well, they elected hamas, a terrorist group. what did they think was going to happen? >> right. the kids, the 8-year-olds, the 10-year-olds getting killed by israeli bombs didn't elect, didn't cast a vote in that election. so right now over 1,000 people have died in gaza. the vast majority are civilians in gaza. >> and it's true, and look at these pictures, they're heartbreaking. i mean, look at that baby. >> he didn't cast a vote. >> he doesn't know what's going on. these are innocent children who have been killed in war. but the defenders of israel say that's what happens in war. there are sometimes casualties of war, civilian casualties even.

and they point out repeatedly that hamas places its fighters and its guns and its bombs in the midst of civilians so they can use these pictures as propaganda. >> it does. and that's hideous. and we should kill hamas militants. we should be over there fighting them. but at the same time israel has a right to its self-defense. it also has an obligation to those people that are in gaza right now. that's israeli-occupied territory. it has an obligation to protect them. and in a way by claiming self-defense and then bombing this territory. that defies any kind of international law. in 2004 the international community said -- came out and said what you're doing by dropping bombs on hamas in this territory that you're occupying and killing all these civilians is illegal. just today u.n. security council came out and criticized israel as well. >> the u.n. security council has been very lopsided on this issue. come on. they've got their thumb on the

scale. let's talk secretary kerry. proposing hamas would get everything it wanted and israel would get nothing. israel rejected the deal before it was even made public. that's how offensive they found it. being fair? >> no. netanyahu and kerry go back 20 years. as you mentioned, john kerry is a friend of israel. >> and then it was bash, bash, bash. >> sure. of course. which is crazy because it's giving such fodder to american conservative politicians, american republicans that would take the side of an israeli journalist, of a columnist in a foreign country rather than support their own administration, which boggles my mind. but that's a separate discussion. the reason israel is not being fair as jen psaki came out and said today, it's almost identical to the proposal, to the plan, that egypt was suggesting two weeks ago. that israel sort of made indications that it could support. now, the thing that bears

mentioning here is this proposal was leaked to the israeli media, leaked to the press. and instead of criticizing that leak during sensitive negotiations with topic as sensitive as israel and palestine, we have people like ralph peters coming on and criticizing kerry, criticizing obama. >> in fairness to them, it's all over the israeli papers, the israeli papers and people are criticizing the deal. got to go. good to see you gl sgood to see you. state department just got back to us on the breaking russia news. plus, with the irs neck deep in controversy over targeting conservatives, why are lawmakers pushing to give the tax agency pushing to give the tax agency over more power over you? when folks think about what they get from alaska, they think salmon and energy. but the energy bp produces up here creates something else as well: jobs all over america. engineering and innovation jobs. advanced safety systems & technology. shipping and manufacturing. across the united states, bp supports more than a quarter million jobs.

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well, we just heard both an administration source and the state department regarding our breaking news on russian missile testing. both now confirming that president obama is accusing russian president vladimir putin of violating the 1987 intermediate range nuclear forces treaty. president obama sent a letter to president putin this morning while secretary kerry called his counterpart in russia over the weekend. the state department says the u.s. first raised these concerns with russia last year. and now the united states is encouraging russia to destroy any items that are prohibited by the treaty. as we learn more from the white house or elsewhere, we will update you. developing tonight, on the

heels of the irs targeting scand scandal, some senators want to give the irs more power to go after taxpayers including new tools to go after for example doctors who allegedly owe back taxes, whether homeowners are being honest about mortgage deductions and accountants who claim child does not qualify for child tax credits. what's the problem? jamie winestein, this is the kind of stuff the irs needs to do. they're supposed to go after tax cheats who don't pay their bills, are they not? >> in the past the republicans supported these type of things in fact a few years ago they supported a bill that went after those who were hiding bank accounts overseas, hiding their income. but i think in the wake of the irs scandal where there was so much deception and political targeting, they don't trust the irs to be fair. you mentioned all the things that they're asking the irs to give more powers to do, but there's also for instance the irs teaming up with the state

department to take away your passport if you're delinquent over a certain amount of money. these things, i think, would easily have passed maybe a few years ago. but in the wake of the irs scandal where the irs was so deceptive at targeting conservativ conservatives, i think many republicans certainly in the houseware wary of giving them power. >> if the irs says i'm delinquent on my taxes it can call up the state department and say doept let her take that trip to italy, she can't afford it. >> exactly. you might not bet a passport. the good news is you don't like these initiatives is it doesn't look like it's going to pass. the house bill is what the one is being considered. they're mainly attached to a highway funding bill. >> but why even the people who are upset about the irs's targeting of conservatives, it's admitted behavior there, why would they not want tax cheats to have to pay up? most of us pay our taxes. we don't particularly enjoy it, but we do it.

and we don't want people who aren't doing it to get away with it. >> well, i think everyone doesn't want america to become greece where no one pays their taxes or pays a fraction of their taxes. >> right. >> but i think that in the wake of the last year where you had the irs being deceptive over a whole number of issues regarding targeting the tea party, they just don't want to give the irs more power. >> now we're in this position with the irs -- i've said this before, imagine how the irs has hampered itself in going into court on our behalf, on the people's behalf, to sue actual tax cheats and said tax cheat says, oh, i lost those important documents, irs, or judge. and, you know, the irs is going to say that's outrageous, they lost it, they can't find the e-mails. they can't make that argument on our behalf against actual tax cheats because of their own bad behavior. it's so galling. >> exactly. the irs can't live up to the standard that it forces other people to live up to when it goes after them.

and it's not just losing the hard drives, which is very suspicious obviously. it's the way that they even rolled this out. remember how they rolled this out? lois lerner kind of in an off-the-cuff remark planted on a friday evening, this is not kind of full disclosure. it's very kind of dubious. >> it doesn't give the american people a whole lot of credit for being smart, which they are because they caught onto that immediately. and thus came the whole unearthing of the scandal. jamie, good to see you. >> good to see you. thank you. coming up, a judge accused of very bad behavior may soon become a much bigger story. it involves his affair with a defendant's wife. but that is just the beginning of this one in a must-see story that we will show you right after this break. huh, fifteen minutes could save you fifteen percent or more on car insurance. everybody knows that. well, did you know words really can hurt you?

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built for business. so could a so could a judge accused of bad behavior soon lead to big changes in courts across this country? meet disgraced detroit judge wade mccree. he first made headlines when he sexted a shirtless selfie to a female bailiff in 2012. then he had an affair with the wife of a man who brought their custody case to be heard by this judge. and now that man is suing and, well, trace gallagher explains the rest. trace. >> reporter: megyn, the immunity doctrine says in order for judges to be impartial without fear of repercussions, they need to be immune from lawsuits. but the question is, where do you draw the line? the judge had an affair with a wol while overseeing her child custody case. he also sexted her from the

bench and invited her into his chambers, listen. >> we have sex in his chambers very often. >> like on his desk? >> on his desk, in the chair, the couch, you name it. >> so while the judge is sleeping with the mom, he orders the father involved in the custody battle to pay child support and to wear an electronic tether to make sure he pays. here's dad. >> i mean, it's setup. i can't believe this, man. this is my life right here. they're playing with my life. they're playing with my life. >> reporter: so the father sued claiming he was denied access to a fair and impartial judge. but the sixth circuit court ruled that even though the judge's actions were reprehensible, he cannot sue. vowing to take this to the supreme court, but experts say the supreme court established the immunity doctrine and therefore upheld it. so the judge may not be sued but he has been disgraced.

even though he hasn't tried to hide much -- watch this. >> hot dog, yep, that's me. no shame in my game. i ain't talk to nobody else's wife. >> you haven't sent that out to anyone else? >> oh, yeah, i've sent that out to other women. sure. >> you want to have sex with her? >> yeah, it would be fine with me. >> reporter: the judge, by the way, remains out of a job, megyn. >> this is so not the way it was when i was practicing law. things have changed a lot. a lot. they used to wear robes. >> reporter: all the time. see ya, trace. see, james, what did i tell you? the deterioration of the american society. he's there. james is with o'reilly. he was there moments ago. tell me what you think. go to facebook.com/thekellyfile or /megynkelly. follow me on twitter. plus, coming up "hannity" at the top of the hour.

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we want too mention governor mike we want to mention governor mike huckabee is to release a new dvd called "one nation under god." plus, this weekend, madeleine

albright said the world is a mess. if you saw our reports on russia and israel tonight, you may think she's been onto something. brett thum will be on tomorrow night an gaza is still occupied territo territory. really? i'm megyn kelly. thank you for watching. this is "the kelly file". welcome to "hannity." this is a fox news alert. violence is escalating yet again today between israel and hamas in gaza. the israeli military says rockets misfired by palestinian militants hit a hospital and nearby park in gaza, killing ten people. now, this as the military accuses gaza militants of entering israel through tunnels under the border and opening fire on israeli soldiers. meanwhile, israeli prime minister benjamin netanyahu is blasting calls by the united nations for an immediate cease-fire saying the proposal does not address israel's security concerns and reminding everyone that hamas has violated three requests for a humanitarian cease-fire thus