that is it for us tonight. thanks for watching. please remember, the spin stops here because we're looking out for you. breaking tonight, the obama administration taking new heat for releasing classified details from a failed mission to rescue americans held hostage, and possibly endangering the lives of those hostages still held by the terrorists. welcome to "the kelly file" everyone. i'm megyn kelly. in the last 24 hours we have learned specific details of the failed attempt by u.s. special operations to save americans from terrorist forces in syria. critics are calling this disclosure an attempt by the white house to cover itself politically after the world just saw u.s. journalist james foley beheaded by a terror group that the president earlier this year dismissed as junior varsity. in fact, the murder of foley is

just the latest act in a campaign of terror by this group, isis. a group that top intel officials have been warning about for months. president obama turned down recent requests from the iraqis to hit these terrorists with air strikes. and now he is taking questions about whether we face this new terror threat because we chose not to leave any residual troops in iraq. >> do you have any second thoughts about pulling all ground troops out of iraq? and does it give you pause as a u.s. doing the same thing in afghanistan? >> you know what i just find interesting is the degree to which this issue keeps oncoming up as if this was my decision. >> so removing all those troops was not mr. obama's decision. he said that in june as well. but it is not what he said when he was seeking re-election back

in 2012. watch. >> with regards to iraq, you and i agreed, i believe, that there should have been a status of forces agreement. >> that's not true. >> oh, you didn't want a status of forces agreement? >> no, what i would not have done is left 10,000 troops in iraq that would tie us down. >> joining me now in their first joint television interview since the end of the 2012 presidential campaign, governor mitt romney and congressman paul ryan. mr. ryan, author of the new book "the way forward." gentlemen, thank you both so much for being here. and you are together in chicago at the union elite club to promote and discuss this book. i know you, governor romney, are going to question congressman ryan and interview him about the book. which i really wish i could see, but i have to anchor this show after you leave. let me start with you on this, governor romney, on the reversal, the seeming contradiction by the president with respect to whether he did or did not order the withdrawal of all of our troops, make the

decision to withdraw all of our troops and not leave behind a residual force in iraq. do you believe the president is misleading the american people? >> well, i believe the president has made extraordinary errors with regards to the middle east that contribute to the growth of isis and the danger that it represents to us and to the world. and one of those things was not putting in place a status of forces agreement that would allow us to have troops in iraq. another was not taking action in syria at an early stage to coalesce behind moderate voices. so we couldn't have al qaeda affiliates and isis grow and thrive in syria and spread. the president has a foreign policy which has failed once again. he underestimated the extent of the threat of terror in the world and specifically isis. and as a result now we find ourselves facing a very severe and horrific series of scenes on the world stage. >> how if at all do you explain his apparent reversal in the

messa messaging? >> well, i can't begin to explain the president's foreign policy. i think hillary clinton tried to explain it by saying there wasn't a foreign policy in effect. and rarely did i agree with what hillary clinton had to say, but on that topic i think we agreed. i think it's interesting that she tries to distance herself from the president's foreign policy given the fact she was his secretary of state for four years. but that being said the president's policies have contributed to some of the crises that we're seeing around the world, whether in ukraine, whether in syria, in iraq and other places in the world, northern africa to name just a few. >> and we're going to talk about your book in one minute, congressman ryan. i just wanted the audience to know. but i first want to ask you this, governor romney, at another debate when you were running against the president he mocked you for saying russia is our number one geopolitical threat. watch. watch. >> a few months ago when you

were asked what's the biggest geopolitical threat facing america you said russia. not al qaeda. you said russia. in the 1980s now calling to ask for their foreign policy back because, you know, the cold war's been over for 20 years. >> now in the wake of what we've seen russia do in ukraine and magazine covers like this one, do you feel vindicated, governor? >> well, i don't worry about vindication. i worry about the country. and the president did a couple of things that were in error there. one, he underestimated the objectives of vladimir putin. but, two, he mischaracterized what i said. i indicated russia was our geopolitical foe, not a threat. i said the greatest threat america faced was from a nuclear iran. and the president got those things wrong. and unfortunately he underestimated russia. this whole reset policy with hillary clinton smiling here from here pressing a red reset button i think is one of the most embarrassing incidents in

american foreign policy. the idea that we wanted to give more flexibility to russia and vladimir putin. vladimir putin has taken the measure of the president and decided he can go into ukraine and grab territory. that is something which i think was contributed to by the president's miscalculation. >> you know, you said this week in an earlier interview that you believe president obama has made "more mistakes than you predicted." how so? >> well, the list is long. the president's own people are like hillary clinton pointing out that the president does not really have a foreign policy. and you look around the world and see china's aggression in the south china sea, you see what's happening in north africa, you see lack of progress for many of the interests we have in latin america, a lack of attention there. you see what's happening in iraq for pete's sakes. think of that. think of what's happening in iraq and syria. and then ukraine. all of these things, those are just the foreign policy errors.

and then domestically we have millions of people who should be back in the workforce that are not in part because of the president's failed economic policies. >> congressman, i want to talk to you. you've written this book called "the way forward" and you talk about the republican party and how things could go different. looking at you now you look like a presidential team. you look like a president and vice president, but you are not. and you have some solutions, congressman ryan, for how the party can do better the next go-around. in a nutshell, how can it unite? first and foremost, because you have this divided faction? >> that's the whole purpose of this book, megyn. if we are going to save this country, we have to build a majority coalition capable of winning presidential elections with an agenda that speaks to every single person no matter who or where they are in this country. so my purpose of writing this book is to show how we can unify the conservative movement and move forward with a way that's aspirational, that's inclusive, that is ma jortarian.

i don't like the direction the country is headed. and as an elected leader i feel i have an obligation and responsibility to say and how we would do things differently. to offer a different philosophy of governing. one is in keeping with our founding principles and show if you apply them to the problem of the day, it can fix this country's problems before it's too late. >> you're already getting some pushback from the right interestingly when one tea party activist writes in politico, "what the republican party needs is "a leader who can unite our party rather than hurling insults or belittling those on the other side because they're upset." you referred to the government shutdown as a gop suicide mission among other perceived shocks at the tea party wing of the party. your thoughts on that? >> i don't think she read the book then because i give great credit to the tea party for helping us get our party back together. making us a true fiscal conservative party. when i introduced my budget to

balance the budget and pay off the debt and form entitlement budgets, i had eight people supporting me. i was able to pass it four years in a row in the house of representatives. so i give them credit for this. i think if we only define ourselves by what we are against, we're not going to win elections. we're not going to attract americans to our cause. we also have to say what we are for. and that's the purpose of this book. >> uh-huh. let me ask, a lot of folks are wondering about 2016 and wondering which of the two of you will be potential gop contenders. i want to ask you, congressman ryan, who do you think would make a better president, you or governor romney? >> i'll give it to him. >> he's very generous. but i had my turn. it's his turn now. >> you know, one of the things you wrote about in the book, congressman, is that the gop needs to do a better job of reaching out to hispanics and african-american voters. and we're seeing what appears to be a racial divide now in the country in ferguson, missouri. let me start with you on this, governor romney. i only have about a minute left

but i want to get you to weigh-in on what you think about ferguson and in particular you think there's been an excessive response by the federal government sending eric holder, the president commenting repeatedly 40 fbi agents, et cetera. >> well, i think the federal government needed to communicate that this is a high priority and provide confidence to the people in the community that this was not going to be swept under the rug. so i think it's appropriate to have that level of involvement. and i think people expect and can believe that there will be the full oversight of our justice system in this setting. and the right conclusion will occur. >> congressman ryan? >> i agree. i think justice has to run its course. the facts have to be gotten. we all have to take a deep breath, not prejudge this situation and make sure that the truth comes out so that justice can be served. and people of all backgrounds, of all communities, need to know that that's going to be the case. and the confidence in that is very important. >> you guys enjoy chicago.

enjoy the union elite club and then go over to rose bud's and have a little vodka rigatoni, awesome. >> gino's east for me. >> he's from that region. all right, guys. a group of terrorists kidnapped several americans and just beheaded one as we told you earlier this week. and others remain under threat. up next charles krauthammer on why the response is getting slammed by the right and some unusual suspects on the left. and big news breaking out of ferguson, missouri tonight as "the kelly file" uncovers details about one of the key witnesses in this case that could change everything. stay tuned.

introducing chico's leggings. every style's a showstopper! with fabrics that flatter and prints to go wild for. legs look longer, you look leaner. any way you wear them. chico's leggings. we're famous for our legs. at chico's and chicos.com.

breaking tonight, growing controversy over how the white house has decided to handle the beheading of u.s. journalist jim foley by a group of isis terrorists. declaring that they will, the doj will, pursue this as a criminal investigation. here is chris matthews on that. >> i don't know why you use the word justice. it's not appropriate here. this is an attack on our country. we have to react to it. this is a national -- our country versus this group that's declared war on us. what's justice mean? like we're going to go to the world court with this? no american president can survive letting iran getting

nuclear weapons and no american president can survive letting americans beheaded on international television with impuni impunity. he has to strike back. it's in our soul. >> charles krauthammer, author of "things that matter," charles, good to see you. >> good to be here. >> do you agree with chris matthe matthews? >> well, i don't think i've ever said this before, but i do. look, i mean, it is ridiculous to go back to the pre-9/11 paradigm of treating acts of terror as criminal acts. they are not. they are acts of war against the united states. and when holder says we're going to track down the people who did this, i mean, it's as if fdr were to announce the day after pearl harbor that we're going to track down the pilots who bombed us in pearl harbor. the whole idea here is to -- now we made a terrible mistake for decades pre-9/11 in pursuing criminal offenses as individual acts rather than understanding

that we have in isis an entity that is armed, has a ton of money, a ton of recruits, controls an enormous amount of territory and has declared open war on the united states of which the beheading of that journalist or that american was simply one instance. unless the president understands that and we have no strategy and we have no way. the idea is not to bring anybody to justice. it is to defeat the army, essentially, the people who are running the operation. that's what we learned from 9/11. and i'm not sure the president has learned it yet. >> and yet the administration clearly feels that they can handle some aspects of this in the criminal process. here's eric holder earlier today. >> those who perpetrate such acts need to understand something. this justice department, this department of defense, this nation, we have long memories and our reach is very wide. >> seeming to suggest that the

doj's on it, but the defense department is also on it. >> well, i hope it's the defense department that is going to take care of this. it's the only answer that makes any sense. it's the only answer that isis respects. i mean, remember in 2000 we had an attack on the u.s.s. warship the coal, a year before 9/11. and the clinton administration sent fbi agents into yemen to find the perpetrators instead of saying this is an act of war. you would think we learn our lesson on 9/11. the point here is the only response to this beheading which will be understood by isis is a vigorous air campaign against them supporting the troops on the ground, not american, there are boots on the ground, iraqis and kurdish, who just retook the mosul dam, who have succeeded in pushing back isis from the

outskirts of kurdistan. that's the proper response. it's not sending a prosecutor over to gather evidence about the beheading. >> charles, good to see you. joining me now for more, joe trippi, former presidential campaign manager and a fox news contributor. joe, good to see you. let me ask you this first. the president in addition to taking some heat for talking about a law enforcement action here in response to this beheading is taking some heat for some perceived insensitivity for hitting the golf course an hour after he addressed the beheading of an american, the first american killed by isis in this war. and for doing that, hitting the links while james foley's parents were still holding their emotional press conference. is that fair? >> the criticism's fair. he's going to get criticized for it. look, i would not have advised him to go to the golf course ten minutes later or whatever it was.

but he doesn't seem to -- you know, it's like he's on his vacation so he's going to take, you know, he's going to take full advantage of it after he makes his speech. >> this is the daily news so our viewers know what we're looking at. their caption was, what they wrote was, is this what president obama meant by staying the course in iraq. >> like i said, if i were advising, i wouldn't advise him to do that. i don't know what his advisors told him to do. they told him not to, he didn't listen, he went and played golf. i also remember and i'm not going back to blame it on george bush or any of that stuff, but i remember distinctly bush actually made a similar statement about going after terrorists and then took a whack with a driver and said watch this drive. >> within 30 seconds. i agree. president bush did it too. and it was deemed insensitive. and is this insensitive as well? >> yeah. i remember. i criticized bush for it. >> it was moments after he was talking about an american getting his head chopped off.

>> yeah, no, i criticized bush at the time. and i think, like i said, i wouldn't advise the president to do this and he's going to get criticized for it. and he probably deserves it. >> what do you make of chris matthew's charge you cannot let an american get beheaded on international television with impunity? >> i think everything charles said about -- and holder said about both justice and the defense department. we're going to go after them. >> what are we going to do? are we going to arrest the british guy who cut off jim foley's head and drag him to new york and try him in front of a jury of his peers? >> i think it's going to depend whether he's apprehended at an airport or whether he's killed in a convoy in iraq. either way he's going to end up dead or in prison. that's what the president's going to do. that's what this country's going to do. they may not go out and talk about it and say things like bring it on like other past administrations have done to

make everybody, you know, feel like we're going to go do it. but that's what's going to happen here. it's clear. >> it's not so much a bring it on, it's should this have been a rallying cry? should this have been an opportunity for the president to gin up support. i got to leave that question in the air because we got to move on. joe, good to see you. >> thanks, megyn. late today we also heard a scary message about this terror group from the secretary of defense. >> they're beyond just a terrorist group. oh, this is beyond anything that we've seen. so we must prepare for everything. >> well, okay. up next general jack keane talks about that threat and the decision to release key details of a failed mission to rescue american hostages who are in the group's custody. plus, big news breaking out of ferguson, missouri tonight. we have uncovered new information about a key, if not the key, eyewitness to this

police shooting. and this information could play a major role if this case winds up before a jury. my name is michael,

i'm 55 years old and i have diabetic nerve pain. the pain was terrible. my feet hurt so bad. it felt like hot pins and needles coming from the inside out of my skin. when i did go see the doctor, and he prescribed lyrica. it helped me. [ male announcer ] it's known that diabetes damages nerves. lyrica is fda-approved to treat diabetic nerve pain. lyrica is not for everyone. it may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior. or, swelling, trouble breathing, rash, hives, blisters, changes in eyesight, including blurry vision, muscle pain with fever, tired feeling or skin sores from diabetes. common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet. don't drink alcohol while taking lyrica. don't drive or use machinery until you know how lyrica affects you.

those who have had a drug or alcohol problem may be more likely to misuse lyrica. having reduced pain is great and i'm grateful for it. [ male announcer ] ask your doctor about lyrica today. it's specific treatment for diabetic nerve pain.

breaking tonight, new fallout after the secretary of defense and chairman of the joint chiefs face some tough questions today over the decision to disclose details about the failed raid to rescue journalist jim foley. here's a sample of that. >> why did you folks think it was a good idea to do this? no one's ever seen either of you do this before. >> it was the decision made by the administration which we concurred with to address the mission. >> i provide military advice. the military advice that was rendered in response to your

question was as long as sources and methods are not revealed that it would be a policy decision on whether to release the information of the raid. >> general jack keane is a former army vice chief of staff, four-star general and fox news military analyst. general, good to see you again. so you tell me, you're the military guy, when i listen to the chairman of the joint chiefs say i'm a military guy, this is a policy decision. it seemed to me he was doing one of these -- it was a policy decision. he's basically saying this wasn't my call. >> yeah. i mean, no doubt about it. i know secretary hagel and general dempsey, work with both of these guys. clearly what's happening here is as you accurately point out the chairmans walking away from it. they made that decision. i'm sure the policymakers made it in the white house. i don't know how far his advice carried frankly. but listen, it was a bad call.

we just don't disclose classified operations even though the press is hunting it down. >> they said the media had it. they said five media outlets had it. >> that doesn't make any difference. the fact of the matter is we don't disclose classified operations. once we disclose it, it invites all the media then to chase this thing down and pursue it until they get the details of the operation. >> how does that endanger anybody? >> oh, it really does. as we said before these operations totally depend on accurate information. in this case they didn't have it. that's called intelligence. but they depend on the element of surprise. and these are small groups of people usually going against larger groups. we plop them right down in the middle of them and clearly their extraordinary skills and courage is what wins the day if they have the element of surprise. so how they do that, it's helicopters, it's at night, the means to get out of those helicopters, we're talking abtd all of that.

armed drones as a signal something's happening. this is methods being disclosed. we may not have disclosed the source of the information and hopefully that doesn't come out. >> yeah. >> but frankly we should not talk about successful operations, and certainly operations that have not been successful should not be disc s discussed either. >> the other thing secretary hagel said this is beyond a terrorist group, we must prepare for everything. what does that mean? >> i'm not sure what it means, but this much has happened, megyn. we are no longer talking about isis as the j.v. the administration has finally defined isis in terms of the serious threat that it is barbaric, a sophisticated organization -- >> imminent. >> well-funded. that we have finally done. what we haven't done, and he didn't do it there, is what are we going to do about it? what is this strategy to go after isis, to destroy it, to defeat it. and if we're going to defeat it, you've got to kill most of it. that is a fact. and we need our allies to help us do it. and it takes resolve and

commitment. and we've got to talk honestly to the american people about this. the fact that they're at war with us and we must respond. >> yeah. general dempsey also said if we're going to get rid of isis, we're going to have to go into syria and we are not prepared to do that. general keane, good to see you. >> good talking to you megyn as always. we will speak next with the state senator we've been telling you about all week. she says if they do not get rid of the prosecutor who's now in charge of this case who's been elected by the people of st. louis four times, this guy is a white prosecutor whose father was killed by a black man in the '60s. if they don't get rid of him, there will be havoc in the streets. she joins us live. plus, breaking news in the key witness to the shooting. and this could be significant if this thing winds up in front of a jury. stay tuned. [ male announcer ] nexium®, the purple pill, is now available

without a prescription for frequent heartburn. get complete protection. because the best moments in life aren't experienced from the sidelines. now there's nothing holding you back. this is nexium level protection™. the #1 prescribed acid-blocking brand now without a prescription for frequent heartburn. get complete protection. nexium level protection™, now available at walgreens.

get complete protection. so what we're looking for is a way to "plus" our accounting firm's mobile plan. and "minus" our expenses. perfect timing. we're offering our best-ever pricing on mobile plans for business. run the numbers on that. well, unlimited talk and text, and ten gigs of data for the five of you would be...

one-seventy-five a month. good calculating kyle. good job kyle. you just made partner. our best-ever pricing on mobile share value plans for business. now with a $100 bill credit for every business line you add. we make things that give you goose bumps. things that adapt and exhilarate... we made a car that reacts to the road before you ever have the chance to. the all-new chrysler 200. america's import.

breaking tonight, new information about a key witness in the michael brown shooting case in ferguson. trace gallagher reports from our west coast news room. trace. >> megyn, 21-year-old dorian johnson was with michael brown when they were confronted by officer wilson. it's his "shot like an animal" that helped stir up anger in ferguson. when protesters were walking around with their hands in the air, they were doing what dorian johnson said michael brown was doing. >> he put his hands in the air, and he started to get down, but the officer still approached with his weapon drawn and he fired several more shots. and my friend died. >> so johnson's credibility is key, but fox news has confirmed that three years ago dorian johnson was arrested for lying to police. in that case johnson was accused of stealing a package that contained a backpack. he was id'd on surveillance

video, but when police approached him he identified himself as derrick and told police he was 16 when he was actually 19. johnson's attorney maintains that his past behavior has been resolved. and he did do jail time for lying to police. but there is still an active warrant for johnson's arrest because he failed to appear on the charge of stealing the backpack. and while johnson's attorney maintains that his client is credible and consistent, forensic experts point out that the autopsy performed by michael baden seems to contradict his claim that michael brown was shot from behind. though dr. baden said he could not rule out that brown was shot while running away. again, if it goes to court, megyn, this all becomes very crucial. >> trace, thank you. meantime the county prosecutor in st. louis is under more pressure tonight to step down. some 70,000 people signing a petition claiming he cannot be trusted to handle this case. a missouri state senator wants

this prosecutor gone. and jason riley is a "the wall street journal" editorial writer. thank you for being here. i know you wrote to the prosecutor and said as follows, wrote as follows, if you should decide not to indict this police officer, the rioting we witnessed this past week will seem like a picnic compared to the havoc that will likely occur. you think that's helping? i mean that seems to be suggesting that he needs to go or else. >> megyn, that is the sentiment of the people that are on ground zero. many of them feel like they need justice. and the only way justice can be served is that bob mcculloch step aside and allow for the confidence to be built within that community. >> okay. now, i know that his father was killed -- his father was white and killed in 1964 by a black defendant. and he's got many members in the police forces, this county prosecutor. but he's been elected four

times. in st. louis. which is a majority black county. including four days before michael brown was shot and killed. so it seems clear that he does have the faith of the people of this county. >> not of the african-americans that live in that county. >> he was running against a black woman. he defeated a black woman. >> and guess what? guess what, megyn? he didn't get the black vote. >> so does he need to have both the black vote and white vote in order for him to have your trust? >> you cannot have a polarized prosecutor in this case. >> but what i'm asking you is do we have to find somebody -- how are you going to do that? you're just going to find a replacement and then pull the black community and white community and only if the person has 51% from both communities can he or she handle the case? >> what we want to do is make sure that this case is transparent and fair when it comes to justice for michael brown. you're talking about a young

man -- >> with all due respect -- >> walking in the middle of the street. >> i got that. i understand your position. i'm trying to get you to answer my question because this goes to the heart whether this man can be trusted and four times the people of st. louis have said, yes, he can. >> african-americans didn't vote for him. >> you keep saying that, but you won't answer my question. how are you going to find somebody african-americans do trust? that's why we have elections for these positions. >> megyn, what we can do is we can find someone that we know would be fair and impartial. because at the end of the day the community, the black community, they have had issues with him in the past. you're talking about a prosecutor who allowed for two police officers ten years ago to be freed by way of a crime that occurred in the city of st. louis where two police officers literally shot 20 times into a car with men that were unarmed,

okay? >> a grand jury refused to indict in that case, ma'am. >> those individuals -- >> the grand jury refused to indict and then the guy got elected several more times. >> because bob mcculloch lie and said those two men were driving their cars toward the police officers. the grand jury came back and basically said the car was in reverse. so not only -- >> senator, it didn't seem to be a problem for the majority of voters on election day. and for better or for worse, that is how people get elected. that's how the community says whether they believe in them or not via the elections. as you know yourself because you have won state elections there in missouri. listen, thanks for coming on. we appreciate hearing your point of view. >> thanks for having me. >> jason riley's with me now with his response. your thoughts on that. >> well, if the state senator doesn't think someone polarizing should be in charge of the case, maybe should be calling for the recusal of eric holder, the most

polarizing involvement in this case given his unresponsible rhetoric on race. >> the doj was just found guilty of misconduct in a case of law enforcement down in new orleans. their attorneys were found to have been manipulating the case and being dishonest to the judge about it. they just got reamed in a judicial opinion. you can't find -- i mean, she wants to go person by person and have all the blacks and all the whites raise their hands in the county. >> the problem is you have so many people in positions of responsibility who seem to have made up their mind about this case. it's very troubling. you've got a governor calling for the aggressive prosecution of a cop who hasn't been charged with anything. >> that's correct. but let me push you on her point which is for better or for worse, whether you think it's crazy or don't, he doesn't have the faith of the african-american community. according to this state senator. and if that's true, in a case of such high pressure and controversy and so on is there an argument to be made that why doesn't he just say forget it,

i'll find somebody else, find somebody who doesn't have this history? >> that's not the standard. is he conducting himself appropriately? that's the standard. if he isn't, then the governor should step in. or if justice sees something a miss here, they should step in as well. but there's a procedure in place. and that procedure should be able to run its course. this man has not only been a prosecutor for more than 20 years, he's successfully prosecuted many cops along the way. so i think what she's saying is totally baseless. >> is there any way we're going to get a prosecutor in place or even a jury in place if this case proceeds that will be trusted and accepted if the ultimate verdict is anything other than guilty? >> increasingly no. it looks like everyone is bringing a different agenda to this case. again, eric holder's running this parallel investigation, highly unusual from what i've been told. you usually let the local authorities handle this unless you see something amiss, you stay out of it. he's in there. you have the racial arsonist like sharpton and jesse jackson

in there already. the polarization has taken place. i think what responsible people can do is let the process take place before you rush to judgment. and when you have state lawmakers like this out there inciting people, i don't think it helps. >> you already have people saying those who are trying to offer the officers possible side or at least allow for the possible that he may not be guilty and need to see the facts play out, well, that's racism. that's people who don't sympathize with the black community and black plight. >> i do take big issue with eric holder's position here. this is a man running around the country telling people criticism of him and obama is race-based. he's been running around the country saying voter id laws are being pushed by white republicans who are trying to disenfranchise blacks. the idea that anyone would consider him impartial in a case as racially charge as this one is just a joke. >> jason, good to see you. >> thank you. live to the streets of ferguson in a moment and speak

with a local radio host about why he's worried the police officer in this case will not get a fair shake. plus, dramatic news on the doctor who battled ebola and won. it's a great story. we'll take a look at it. >> today is a miraculous day. i'm thrilled to be alive, to be well and to be reunited with my family. moderate to severe is tough, but i've managed. i got to be pretty good at managing my symptoms, except that managing my symptoms was all i was doing.

when i finally told my doctor, he said my crohn's was not under control. he said humira is for adults like me who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. and that in clinical studies, the majority of patients on humira saw significant symptom relief. and many achieved remission. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. if you're still just managing your symptoms, ask your gastroenterologist about humira.

with humira, remission is possible. you knowfine barbecue,merica? good times and zero heartburn. ♪ and that's why i take prilosec otc each morning for my frequent heartburn. because it gives me... zero heartburn! prilosec otc. the number 1 doctor-recommended frequent heartburn medicine for 9 straight years. >>you can't beat zero heartburn. prilosec otc. one pill each morning. 24 hours. zero heartburn. remind me to tell her happy anniversary. [ cortana ] next time you talk to caroline, i'll remind you. [ siri ] oh no, i cannot do that. oh, and remind me to get roses when i'm near any flower shop. sure thing. remind you when you get to flower shop. i can't do that either. cortana, it's gonna be a great night. [ beep ] oh wow! thanks for the traffic alert. i better get going. now that is a smart phone. ♪ oh, wait

♪ it's 'cause you make me smile ♪ ♪ oh, wait who's more excited about back to school savthe ladies?ples? these guys? or these guys? when you get guaranteed low prices on everything you buy the most, everybody gets excited! staples. make more happen for less. we are back now in ferguson, missouri, where our next guest is worried that police officer

darren wilson isn't going to get a fair shake here. dave glover is a radio talk show host and attorney. dave, i mean, why? because right now what people seem to be demanding is that he be prosecuted, that doesn't necessarily mean he won't get a fair shake if a case goes forward. >> sure. what i'm worried about is that regardless of whether he's indicted, not indicted, indicted but exonerated, that anything short of convicted and put in jail that some people are not going to be happy. some of your prior guests, people i have calling into my show. and i'm really trying hard to reason with them and find some sort of logical common ground. to me it's not about being fair. it's as if they're wanting some sort of affirmative action prosecution where you get to pick and choose the players. it's not just african-americans who don't get to do that. whites, blacks, hispanics, gays, straight, atheist, catholic, no one gets to do that by design.

because there was a time in our nation's history when african-americans would not clearly not get a fair shake or jews wouldn't get a fair shake. which is why we go back to the constitution and rely on lady justice having the blindfold, not peeking out from under to see, oh, what race are they, what sexual orientation are they? once that starts to happen even a little, the whole system goes to hell. here are the kind of statements that bob mcculloch and i would be calling for his head on the matter. you clearly have a conflict of interest. it's not about the law to me. this is personal. the prosecuting attorney's office of st. louis county is here for the police officers of ferguson. he hasn't said any of that. eric holder has said that. eric holder flew into town and put an op-ed in the st. louis post dispatch basically saying this is going to happen, we're going to get this guy. >> he didn't say that. >> well, but you know the inference there he all but said that. if mcculloch said anything close

to that i would be here on fox news saying he needs to step aside. >> let me defend eric holder because of all the people making inflammatory statements in this case, so far i don't know that you're right that he is one of them. he talked about his own personal experience as a young black man and what's happened to him. he talks about how he stands -- the department of justice stands with the people of ferguson. that doesn't necessarily mean one side or the other. but the missouri governor is a different story. the missouri governor's been pouring flame on this fire from the beginning. and in a forum that a lot of the jury pool out there would be listening to. how do the people feel about how he has meddled in this case so far? >> very badly. very badly. i don't know who is looking upon jay nixon is saying well-played, sir. i don't know one segment of the community. everyone i talk to sort of rolls their eyes and go, man, there's a lot of talk i heard about jay nixon being considered as a

possibly vice presidential candidate. i don't know. he hasn't said that to me or anyone else. but just one thing after another, so let me digress a bit. i disagree with you. i think some of eric holder's statements have been inflammatory, but my analogy is the bias. that if mcculloch were saying these things he's clearly bias. so if there's an eventual doj prosecution, eric holder can't be involved because he's already basically said i have your back, people of ferguson. >> well, it's interesting because in both cases neither man would actually try the case. they oversee the office that would try the case. and in both cases people object to the man at the top. dave, great to see you. >> yeah. thanks, megyn. all right. also tonight an amazing turn of events. we end the show with some good news. a doctor infected with ebola in africa, he was on death's door they told us. hay didn't even necessarily want him flying back to the united states for fear ebola was coming here. he gave up the serum to his

fellow female doctor because there wasn't enough for both of them. look at him now. that's next. >> i cannot thank you enough for your prayers and your support. but what i can tell you is that i serve a faithful god who answers prayers. your eyes. even 10 miles away. they can see the light of a single candle. look after them with centrum silver. multivitamins for your eyes, heart and brain. now, with a new easy to swallow coating. 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. it's a subaru.

an emotional and joyful news conference as the second american who had been infected with ebola is released from an atlanta hospital, emory. dr. kent brantly was working as a missionary in africa when he and another american became infected with the too-often deadly virus. with only a little bit of an experimental drug available, he asked that it be given to his fellow american, this woman. in the end both of them wound up

receiving it. and tonight neither of them has ebola. dr. mark siegel, go ahead, shout it out, james. i agree. he's clapping. have they cured ebola now? >> first of all, i love this story that he first gave it to someone else and then he takes it. no, they haven't cured ebola. first my disclaimer. it has to be tried on many, many hundreds of people before i can be convinced it works. but the speed with which he recovered, the way he was standing there today and talking and relating and purely cured in just a couple of weeks, i personally think it works. and now we have to figure out, again, whether it's going to work. because 50% of people who get ebola in this outbreak are getting better anyway, megyn. they're getting better on their own. i don't think they're getting better this fast and this quickly. this antibody targets the virus, coats it and takes it out of the game. it's pretty powerful. >> let me ask you this because a lot of people are looking at him, he's holding hands with his wife, he was hugging people.

many people thought, oh, is that dangerous? could these people get it? are they sure he doesn't have it? >> they're sure he doesn't have it. they've tested him. it's not in his blood anymore. it's very hard to get ebola. if it's not in your secretions. >> nobody needs to worry about him and the other woman walking around. >> no. they are not going to get it that way. >> how about a vaccine? are we close? >> that's an exciting game changer. the nih is about to do clinical trials in humans next month. and they're going to fast track it. and in a year i think it's going to be ready for use in west africa. they try it on health care providers first, the very people putting their lives at risk. then they may be able to give it to everyone in the country. and you know something, that's going to wipe it out. it's not going to be the antiviral. >> before i let you go, this is all medicine or something perhaps a little greater? >> you know me, i think it's both. i think it's a little medicine and a lot of god. >> amen to that.

thanks, doc. again, once again, yes. go dr. brantly and dr. siegel. first coming up on "hannity". >> fiddles while rome burns. i think this president could care less about all the -- where nothing will happen to the united states in the next two years while he's still president. introducing chico's leggings. every style's a showstopper! with fabrics that flatter and prints to go wild for. legs look longer, you look leaner. any way you wear them. chico's leggings. we're famous for our legs. at chico's and chicos.com.

factors like diet can negatively impact good bacteria? even if you're healthy and active. phillips digestive health support is a duo-probiotic that helps supplement good bacteria found in two parts of your digestive tract. i'm doubly impressed! phillips' digestive health. a daily probiotic. so when my moderate to severe chronic plaque psoriasis them. was also on display, i'd had it. i finally had a serious talk with my dermatologist. this time, he prescribed humiradalimumab. humira helps to clear the surface of my skin by actually working inside my body. in clinical ials, most adults with moderate to severe plaque psoriasis

saw 75% skin clearce. and the majority of people were clear or almost clear in just 4 months. humira can lower your ability to including tuberculosis. serious, somimes fatal events, such as infections, lymphoma, or other types of cancer have happened. blood, livernd nervous system problems, serious allergic reactions, and new or worsening heart failure have occurred. before starting humira, your door should test you for tb. ask your doctor if you live in or have been to a region where certain fungal infections are common. tell your doctor if you have had tb, hepatitis b, are prone to infections, or have symptoms such as fever, fatigue, cough, or sores. you should not start humira if you have any kind of infection. make the most of every moment. ask your dermatologist about humira, today. clearer skin is possible.

what does it mean to have an unlimited mileage warranty on a certified pre-owned mercedes-benz? what does it mean to drive as far as you want... for up to three years... and be covered? it means your odometer... is there to record... the memories. during the mercedes-benz certified pre-owned sales event now through september 2nd, you'll get complimentary pre-paid maintenance and may qualify for a two-month payment credit. only at your authorized mercedes-benz dealer. so this is the part of the show where i go on twitter and take a look at the sometimes mean but usually interesting tweets people send me.

go ahead there now and let me know what you think of any segment tonight. follow me @megynkelly. and we'll chat or at least you'll chat and i'll read and we'll see you tomorrow night. thanks everybody. i'm megyn kelly. welcome to "hannity." this is a fox news alert. we are monitoring the protests and potential riots in ferguson tonight. we will bring you all the latest news and information throughout this hour. but first, an american is dead tonight and it's all at the hands of isis. now the terror group visually beheaded journalist james foley for all the world to see, and now the international response is beginning. standing by in london tonight with the very latest on the investigation into who exactly beheaded james foley is sky news political correspondent john craig. john, what can you tell us about him? >> well, this story has dominated the british news bulletins and newspapers for the past three days now. there's real shock here that a