i'm bill o'reilly, please cause we're definitely looking out for you.bqic breaking tonight, the centers for disease control coming outd with a new set of ebola guidelines suggesting the virus may be a bigger threat and more easily transmitted thandyv 'um1e thought. welcome to "the kelly file" everyone. i'm megyn kelly. the cdc appearing to change its tune couching previous suggestions that you cannot get ebola very easily. the question tonight, does this represent new thinking on the virus, or is it the fed's bowing to political pressure following a series ofjb$ public misstep s we've got all aspects of the story covered tonight. first with dr.

quarantine these ú vapatients. and why dr. goodlat is asking the obama administration if it's transporting -- we begin tonight us up-to-date on the latest. trace. >> megyn, white house and cdc critical of new jersey governor chris christie for forcing that nurse into isolation after she returned from helping treat ebola patients in sierra leone. kaci hickox is now back in her home state of maine. while she was under6@o÷ quarant she lashed out calling her treatment inhumane and questioning why politicians were making decisions that should be left up to the health officials. "ing this is not a situation i wish on anyone and i'm scared for those who would follow me.çy the u.s. must treat returning health care workers with dignity and humanity." when hickox was released

governor christie was asked if he was reversingm listen. >> she had any symptoms for 24 hours and she tested negative for ebola. there's no reason to keep her. >> christie says his decision was never about politics.yfe new york governor andrew cuomo whose state has the very same quarantine policy agrees. here's cuomo. >> i happen to be a democrat. the federal government happens irw(q run by a democrat. v cdc.

megyn. >> trace, thank you. so what do these new cdc guidelines tell us? dr. marc siegel fox news correspondent and nyu professor of medicine. good to see you tonight. the cdc, they keep changing things. i credit them because it's better to change and update your requirements than to just sit there steadfastly saying we were right, we were right, we were right at the public's peril. but the reason people distrust the cdc and panic when they hear the patient who has ebola was all over new york city in the bowling alleys and three subway trains and an uber car and a restaurant is because they are not trusting the assurances they're getting from the medical professionals that there's no need to worry. >> well, megyn, first of all the honor system definitely doesn't work. so it's good that they're increasing the guidelines of what should be done. and it's good that the states are getting involved. i do want to point out at the

top that any doctors that go over there to take care of sick ebola patients are heroes. and they need to be treated with respect when they return. and we want them to keep going. but i don't see any reason that there can't be some kind of system of quarantine in place to make sure that they don't put the public at risk even if it's just perceived risk. to your point, if the public feels that they can't trust the health officials, they're going to worry. they're going to panic. if they panic, we're going to be contact tracing thousands of people which will cost a fortune. i actually don't think that the ebola virus has become more contagious. it just proves that the ability to communicate what the risk is hasn't been done properly. you know something? you can get it from being in the same room with an ebola patient if you happen to get in contact with secretions that they have. the most likely way is health care workers. people are very confused. they think someone traveled to ebola. they're not going to have ebola traveling to liberia. they're going to have ebola if they come in very close contact

with a patient who's very sick with ebola. and that can include being in the person's room. i think that -- >> let me just jump in because what we're hearing now from medical professionals is dr. craig spencer who has ebola in new york city behaved responsibly. he did everything he was supposed to do and that the guidelines were actually appropriate even though now they've been updated. how can that be, doctor? because we see this man -- let me just give the viewers a flavor for, let's take nina pham for example, the medical worker in texas who treated an ebola patient. take a look at how the doctors were dressed when they started to treat her. do we have video? can we roll it? when we start today treat her. here's how you needed to be dressed to be next to nina pham after she was admitted for bow la. but they want us to believe that 12 hours after doctors were dressed like this in handling craig spencer, it was fine for that patient to be at the bowling alley, two of them and a restaurant and three subway trains. so this doctor 12 hours later has to be covered like that to

deal with an ebola patient. but you want ebola next to the guy 11 hours earlier not to worry. they're asking us to not believe our lying eyes. >> look, megyn, i totally agree with you and i think that's the point you and i were making last week. how can you make that decision? how can a doctor himself make that decision? but the thing is when you are sick with ebola, that's when you're loaded with the virus. and that's why you need these suits. and taking off of these suits you can get it on yourself. get it on yourself, touch your mouth, touch your nose, you get infected. somebody vomits on the table, touch it by mistake -- >> but we're arguing about the guidelines right now. the cdc even though they're updating their guidelines so you can get ebola maybe more7.rí÷ e than we first suggested but still it's hard -- >> right. >> says now that active monitoring by other health care professionals is enough. we can just actively monitor them. and again it's still not pushing for a quarantine. and they're active monitoring would not have changed dr. spencer's case, would it? >> i think they should stay at

home. let me be clear on this. i don't think health care workers coming in twice a day and them going jogging like trace gallagher said, is good enough. i think they should stay at home. i think that for 21 days fluid could be brought to them, supplies could be brought to them. i don't think they should be quarantined in hospitals. i think they can be quarantined at home. but i think they have to be observed because there's a fine line as you pointed out when you're not sick and next day, bam, you have a fever and spewing secretions. we can't rely on a health official coming in twice a day. we need ramped up. i like what new york state is doing right now. i think they should be quarantined at home. >> you've got a democratic governor here in new york, a republican governor in new jersey. it's happening in illinois and florida as well. doctor, good to see you. >> good to see you, megyn. >> well, the nurse who started this decided to sue and they sent her back home to maine.

raising the question do they have the right to lock you up if they think you pose a threat. i was just on with bell 25 minutes ago saying my read of the case law is they do have the right. and if you challenge it, you're going to lose. >> that's why i'm smiling, because you and i proved that reasonable people can disagree reasonably on this. we start with the presumption of liberty. she is presumed to be at liberty. when the government wants to interfere with that liberty, they have to show something about her. not the group to which she belongs, people who flew in from west africa. we don't have group guilt in america. we don't have group punishment in america. but something about her. and i think governor christie to his credit was told by his lawyers, hey, governor, if she files a lawsuit in newark, those judges are going to give her a hearing. and we don't have the evidence to keep her in. and to lose that case it will cost us a fortune. >> totally disagree. it's not group thing. it's not like all people who have red hair are going to be quarantined and won't be able to go home for 21 days. it's you come to the united

states from these three specific countries, and in those countries you were treating people with an extremely deadly disease. then you are submitted to the mandatory quarantine, in particular if you're showing symptoms. and when she got to the airport she showed a fever. now, she says it was an erroneous measure. she was stressed. that's why it showed. but it showed a fever. period. >> but when the person confined challenges their confinement, the burden of proof, the obligation of demonstrating the propriety of the confinement switches to the government. and the government did not have any evidence with which to keep now, the way they treat her -- >> what about the fever? that is the telltale sign of ebola. >> a fever is an insufficient basis to keep somebody confined against their will for 21 days. can the government force her to give bodily fluids with which to test her? absolutely. but government didn't do that. they put her in a tent in a parking lot in downtown newark. if she had been charged with

murder, she would have been in better conditions in a county lockup -- >> oh, come on. they gave her a granola bar. i'm just kidding. i'm not going to defend the treatment of the nurse who is a good person -- >> that's worse than they treat prisoners. >> but they informed her what the problem was, the reason that this quarantine had been put in place. now they're saying, okay, you can do your quarantine at home. chris christie says it's always been at home. that's not something new. what is wrong? why can't they say to incoming r(t&háhp &hc% three weeks to manifest, as we saw with dr. craig spencer, i'm fine, i'm vrunning around new york and then boom he's got it. and he's listed in serious condition and got all the c contaigon. qr tell them before they went, when you come back we're going to quarantine you for 21 days. then if they go they are waiving

their right to be free. >> that doesn't make any sense. so all the people who may be infected and may be dangerous get a pass to come and walk around these big cities because they didn't have notice? >> yes. yes. because notice is part of fairness and due process. the government has known about this ebola problem since march. if they said to dr. spencer and this nurse go over there, fine, god bless you, god love you, but when you come back -- >> what if it were an airborne illness? it's something like sars. so they go over some place where that is rampant. and we say, oh, my god, we have u.s. health care workers dealing with airborne illness. we have to let them come back too? >> this is not an airborne illness as dr. siegel just told us. >> but judge, you see my point, they wouldn't have to give notice. >> i would be agreeing with the following, when the person confined challenges their confinement, the government has to prove its case. not about a group, but about each individual confined. and governor cuomo couldn't

prove it. and governor christie couldn't prove it. that's why these people were set free. >> members of the jury you now have the case submitted to you. and you may issue your verdict -- great to see you, judge. >> always a pleasure. well, virginia congressman bob goodlat has sent a letter to the obama administration asking if the administration is planning to bring sick ebola patients from other countries to receive treatment inside of the united states. he is here next to explain exactly where that question comes from and what it's based upon. plus, new details tonight on how the terror army known as isis came to be such a powerful group and what it may do next. your first look at a compelling new investigation next. >> it goes from being nothing to being the most powerful act within 12 months. extraordinary what happened. >> total fear when their name is mentioned. >> they issued a very clear warning, we will take baghdad or we will die trying. leuestion: in retirement, will you have enough money to live life on your terms?

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test test test test test test test test test and often, that day arrives by train. big day today? even bigger one tomorrow. when csx trains move forward, so does the rest of the economy. csx. how tomorrow moves. . developing tonight, a fight between the pentagon and the white house over what should &háhp &hc% the ground in west africa. the u.s. army chief of staff genere odierno unilaterally imposing a mandatory 21-day quarantine for all of his returning soldiers. now the joint chiefs of staff the policy. fox news's chief white house correspondent ed henry is live at the white house tonight to explain.

ed. >> good evening, megyn. the bottom line is this is another yet mixed message from the white house which opposes quarantines for returning health care workers. as you noted another part of the federal government, the army, is now ordering major general darrell williams and 11 troops into isolation to make sure they do not have ebola and make sure they don't spread it to anyone after they took a trip to western africa. a spokesman explaining tonight "the army chief of staff has directed a 21-day controlled monitor period for all re-deploying soldiers returning from operation united assistance. he has done this out of caution to ensure soldiers, family members and their surrounding communities are confident we are taking all steps necessary to protect their health." as you noted the joint chiefs have now recommended defense secretary chuck hagel that all returning u.s. troops from west africa go through this quarantine. so i pressed josh earnest today why has the white house -- he wouldn't say whether the president supports this quarantine for the military or not. why haven't they decided? >> -- commander in chief send

u.s. troops basically into the hot zone without a policy on whenx] they come home whether o not they're in quarantine? how could that have not been decided-j8;w before? >> because what we are seeing here, ed, is we are seeing this administration put in place the policies that we believe are necessary to protect the american people and to protect the american troops. >> now, josh earnest also stressed that the u.s. troops are not really in the hot zone because they're not treating ebola patients directly. but as you see the army is saying, look, we have to put them in quarantine. meanwhile, health workers who have been in the hot zone, who have been treating ebola patients in western africa, the administration is opposing putting them in quarantine. this is a real dilemma tonight for the administration, megyn. >> ed, thank you. last week virginia congressman bob goodlat sent a letter to the administration asking if there were plans to fly ebola patients from other countries here to the u.s. for treatment. this comes as we see new reports today that the pentagon is developing portable isolation units that can transport up to a dozen patients on military

planes. and the pentagon says these are not meant for the troops who are serving on the ebola mission. joining me now, virginia republican congressman bob goodlat, chairman of the house judiciary committee. do you believe that the administration is planning on bringing ebola patients from here t? >> well, there's increasing evidence that they are making those plans, the media -- members of the media, my office have received confidential communications saying that those plans are being developed and that's why i wrote to the administration last week to secretary kerry and to secretary johnson asking them to confirm or deny it and to produce any documents related to that. this is simply a matter of common sense that if you are concerned about thisds problem spreading and this is a deadly disease that we're even concerned about the great health care workers when they come back not spreading it, we certainly shouldn't be bringing in the patients. >> so did somebody leak to you,

a whistleblower type tell you this? >> we received information from within the administration. >> and have you received in response to your letter asking whether it's true? >> no, we have not received any response from the administration nor have we received, by the way, a response from an earlier letter that i and trae gowdy sent to the president pointing out to him that he has authority under the current immigration and nationality act to impose a temporary ban on all non-u.s. citizen visits to the united states of anyone from those three countries who have been there in the last 30 days or from another country that has been there in the last 30 days. we think, again, that's just plain common sense, a practical way to stop this disease from spreading. and we've not received an answer from the president on that. >> well, seems like they're going in another direction if we're actually bringing ebola patients here. you wanted them to stop allowing people with visas who just happened to have been in west africa. they're bringing in potentially

patients from west africa who actively have the disease, but that would be presumably to treat them. and we do have the best medical care facilities in the world. and we have seen some success so far in treating the ebola patient who is have contracted it here. so what is the real risk if they're taking over by the military on self-contained airplanes and then brought to facilities like emory which have a great track record in treating the disease. what's the risk? >> well, i think the problem is the disease needs to be contained where it is now. and people treated there. so i agree with those who say doctors going there and other health care workers are real heroes. and they should be given the resources. and we should be providing health facilities in those countries, the resources to stop this disease there in that country. but the risk of course is that we still don't even know exactly how this disease is spread. and you saw today the cdc changing their analysis of how that would occur. so why take the added risk of

introducing people into the united states when we can take the resources there and treat them there? >> mr. chairman, good to see you. >> thank you, megyn. we also have new details tonight on what police are calling a terrorist act in new york city as the suspect's father speaks out on what could have motivated his son to take a hatchet to a group of nypd rookie police officers. plus, the co-founder of the weather channel now says manmade global warming is a myth. made up to push a political message. he joins us live tonight to explain that claim. >> this is the moment when the rise of the ocean began to soar and our planet began to heal. e . it lifts tough dirt so you do less scrubbing. and it's nozzle stops by itself so less is wasted. sure made grandma proud. mr. clean liquid muscle. sweered lobster'sory! endless shrimp ends soon! the year's largest variety. like new spicy siriacha shrimp, or parmesan shrimp scampi.

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details on the man who shot and killed two california police officers and injured two others. turns out the suspect is an illegal immigrant who has been deported twice before. >> reporter: marcello and others like him no longer have to worry about being deported because it's against policy in california. the 34-year-old accused cop-killer was deported in 1997 for selling drugs and deported again in 2001 but under current sanctuary policies police did not deport him because the previous crimes were not serious enough. so he was free to go where he wanted. police found him friday at a motel in sacramento where he shot and killed one deputy, hijacked a car, shot that driver, then killed a detective and wounded a deputy before they flushed him out with tear gas. danny oliver, a 15-year veteran of the force who leaves behind a wife and two children. and detective michael davis whose father was also killed in

the line of duty exactly 26 years ago. >> this represents another failure, another breakdown in terms of immigration. and that's unfortunate. >> marquez isn't the only criminal illegal immigrant that states and counties and in some cases the federal government has chosen not to deport because they haven't been convicted of serious enough crimes. this year counties released some 9,000 criminal aliens including kidnappers, burglars, drug dealers, gang bangers and murder suspects because policies prohibit them from helping deport criminal aliens. megyn, back to you. >> coming up on "the kelly file," the co-founder of the weather channel is here to explain why he thinks manmade global warming is a made-up myth. plus, new details on the terror army known as isis as a new investigation reveals the white house was being warned of this group's advance before it scored its first major victory. >> the missteps.

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. from the world headquarters of fox news, it's "the kelly file" with megyn kelly. new details developing tonight on what police are calling a terrorist act in new york city as the father of a man who attacked four nypd police officers with a hatchet steps forward with his theory on what motivated this attack. trace gallagher has more tonight from the breaking news desk. trace. >> megyn, within hours of 32-year-old zale thompson's attack, police commissioner bratton called it a terrorist attack and seemed to be

supported by the facebook page. helicopters, big military will be useless on their own soil, they will not be able to defeat our people if we use guerilla warfare, attack their weak flanks. if you get wounded, who cares. if you die, who cares. eventually they will surrender and the war will be over. zale thompson also reportedly did an internet search using the phrase jihad against police and looked at news stories about the two home grown terror attacks in canada. and there's more. listen. websites that are focused on designated terrorist groups, al qaeda, isis, al shabaab as well as looking at different acts of violence including beheadings attacks. >> but thompson's father tells our sister publication "new york post" that his son was committing suicide when he attacked those officers and

"taking one of y'all with him," y'all was a reference to killing white people. the father went onto say we wanted war, he wanted white people to pay for all that unfairness. unfairness for the way they treat black people. three of the four officers attacked by thompson are white, one hispanic. the contact at nypd about the alleged race angle on the attack, so far, megyn, no response. >> trace, thank you. we are also learning more tonight about the terror army known as isis after the terror group releases a new video of british hostage showing him in border sir kobani and how the terror army controls much of that city now. this comes as we also get our first look at the chilling investigation into the rise of isis and what this group is planning for the future. >> have money, arms and eventually got a critical map,

isis hadn't become this group until they went to syria. >> we disengaged political -- >> in the vacuum the insurgency began to step back up. >> came to a point that could happen. >> the view was this is their problem, let them deal with it. >> and ancient tribal hatreds that fuel -- >> martin smith is the writer and producer behind tomorrow's special "the rise of isis" which airs at 10:00 p.m. eastern on pbs. martin, good of you to be here tonq what is the thrust of the picture? )ç the biggest takeaway having studied now the rise of isis as to how it happened and why? >> we stepped back and we went back to the departure of the american troops in 2011 at the end of the year and traced what was really the remnants of al qaeda in iraq from there forward.

they were able to move very successfully into syria, which gave them an open sort of space in which they could incubate. $a theyagxgñ really would not possibly  become wh they became. >> arguably the takeawayy what, we should act earlier in arming the syrian so-called moderate rebels? a move controversial today -- >> it's hypothetical as to what would have happened if we armed so-called moderates. first of all there's no brighv' lines between the moderate rebels and so-called pro-western rebels and some of the jihadis. there's a lot of fluidity between those groups. so, yes, there are people in the administration at high levels of the administration who say, and they say it in this program, we do lay out their criticisms of the obama administration for not getting involved in trying to arm moderates so that you can keep the radicals from dominating. >> what is the truth about the

warnings that the white house had? first we saw them in january of 2014. it's crazy to think that is still this year.h4pñ this year president obama said isis was jayvee. that's what he claimed. and within six to eight months they were conquering cities like fallujah -- within a couple#/. months conquering fallujah -- had done so when he said it. anyway, my point isq truth about what they knew? because they later claimed we were caught by surprise.ó2 >> both things are true. they knew isis was a problem. they were getting intelligence on that, what they didn't understand as well this had8:+ñ lot to do with the fact we had no u.s. military advisors in any didn't know how hollowed out the iraqi security forces were. that's where they miscalculated. isis did not roll into fallujah and fight a battle and take it over. they didn't roll into mosul and

fight a battle. they pushed on an open door. the army had collapsed. it was a ghost army. >> would that have happened if we stayed? i realize this is all 20/20 hindsight, but do you believe based on what you've seen that that would have happened if we had stayed, if we had been more engaged with theñca y sunnis on ground and more understanding of what exactly was happening between these two factions such that the'/#sunnis would allow tt open door for these crazy isis militant sns. >> we would have had to exert a lot of pressure on maliki. and maliki was proving as months went by through 2012, 2013 as not a trustworthy partner. that's what prevented the administration from wanting to get more involved. >> why didn't we seek to depose him? something akin to what we just did when we pushed to change leadership there? >> well, it was time for him to step down. the iraqis had at that point agreed that he needed.j)f to go. he still had a strong constituency. you have to remember during the period of time when things were etting worse, he had a largep constituency that was

encouraging him to crack down on his political opponents, the sunni population he has disenfranchised. the shia in the south were cheering him on. it was not an easy situation for us to get involved in. and leverage changed. >> remains not easy to this day. martin, thank you for being here. see you tomorrow night at 10:00 on pbs. >> thank you, megyn. the co-founder of the weather channel now says manmade global warming is a myth, made up to push a political message. he is here to explain that next. you owned your car for four years. you named it brad. you loved brad. and then you totaled him. you two had been through everything together. two boyfriends. three jobs. you're like "nothing can replace brad!" then liberty mutual calls. and you break into your happy dance. if you sign up for better car replacement, we'll pay for a car that's a model year newer with 15,000 fewer miles than your old one. see car insurance in a whole new light.

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developing tonight, new details in the deadly washington state school shooting last friday night. investigators say the gunman seen here on the left in the homecoming court with his face blurred, invited hisschool cafe message, then he walked up behind them and opened fire. we're also learning the second young woman wounded in the attack has now died. 14-year-old gia soriano died last night of her injuries. 14-year-old zoe galasosfih?b di friday. three others remain in the >sl, two of them remain in critical condition.main in terrorism.pxpfç epidemics. poverty. the proliferation of weapons of mass destruction. the reality is the climate change ranks right up there with every single one of them.

>> no nation is immune. we know what we have to do to avoid irreparable harm. and for the sake of future generations, our generation must move toward a global compact to confront a changing climate while we still can. >> that was secretary of state john kerry and most recently president obama atz]q a u.n. climate change summit. the administration hammering the message that manmade climate change is one of mankind's greatest threats. but our next guest disagrees. john coleman is the co-founder of the weather channel, winner of the american meteorological society -- meteorologist of the year and spent 60 years reporting on the weather. john, good to see you tonight. and so upset were you about the claims of manmade global warming ñ forum called tackling climate &háhp &hc% represented. and i'm here to tell you that t change is

a myth. how can you say that? >> well, it's very easy. but thank you for having me on your program. rarely get on tv ever since al ñ it a plank of the democratic party. zñlooney c party. tunes if you don't believe it. >> and i only met two republicans the whole time. and they were both hiding in the closet. i mean, this is a tough go for people who don't believe in climate change. >> well, we heard a lot of that from the last even presidential debate. even some of the republican candidates up there suggested you are nuts. remember john huntsman? if you don't believe in manmade global climate change. >> well, it's very difficult for anybody to be against it because the media has told the nation over and over again day after day for 20 years that the oceans are rising, the polar bears are storms are going to sweep the earth and that we're all going

to die of a heat wave. i mean, this is an incredible bad, bad science. >> what's your data to the contrary? >> a professor at ucla was very upset that the hammer museum forum was going to not give both sides of the climate debate. so he suggested they should have -- from harvard and me join that debate. of course we were turned down. i wrote a nice memo to the people at the hammer museum and that got picked up by my friends at the heartland institute, sr in chicago. they put out a press release and voila it's been all over the media -- not the mainstream media, the internet. >> but to the contrary -- the weather channel will be pushed out of existence since you've taken this position. but let's get specific. you talk about how the efforts to prove the theory that carbon dioxide is a significant greenhouse gas and that it's causing significant warming has failed.

and yet the data say that carbon dioxide was proven to be a greenhouse gas in the 1957 paper by roger ravel. the epa says it's a greenhouse gas. the amount of carbon dioxide in the atmosphere has gone up since 1958. >> well, there are 1,000 ph.d.s and scientists saying it's not a significant greenhouse gas. not in any way insignificant. and we are sure of it. it's not something i made up or just thought of. i've studied and studied and studied. and roger rovel, the great scientist who wrote that pap ner 1957 changed his mind a decade later and said wait a minute i think we were wrong. don't anybody panic. i don't think there's any global warming. and that's when al gorek?zañ sa >> al gore. okay. al gore said he was senile. >> al gore has -- rovel taught

it to him. he got a d and yet he's made a million dollars off climate change. >> standby. i want to play al gore. this is his argument and then you can respond. >> starting in 1970 there was a precipitous dropoff in the amount and extent and thickness of the arctic icecap. it has diminished by 40% in 40 years. and there are now two major studies showing that within the next 50 to 70 years in summertime it will be completely gone. >> your5l÷u thoughts on that. >> well, i would like to announce tonight to people who are friends of al gore's that, whoops, he got that one wrong. the antarctic icecap is at all-time record high in both coverage and thickness. and the arctic icecap at the north pole is at the highest it has beenqñ in several years. it's in its so-called normal range since we got satellite

observations that could measure it. not only is the ice not melting, more polar bears are alive and happy today than we've hadpíem÷ hundred years. life is good, ms. kelly, i got to tell you, life is good. >> john coleman, thanks for being here. hope the weather channel survives now. it's likely to lose its license. we appreciate you being here. we're taking your thoughts on that. follow me on twitter and go to our facebook page. senate race in colorado looking  new warning about that state's new ballot system from one of the county clerks in colorado. he's next.

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for all the confidence you need. td ameritrade. you got this. well, colorado's a key part of the democrat's fire wall in trying to keep the senate blue along with iowa and north carolina. if any one of those states turns red, harry reid believes democrats will likely lose the senate. and right now things are not looking very good for democrats in colorado with democratic incumbent senator mark udall polling three points behind his gop challenger. that ixoth in part why colorad voting laws have come under new scrutiny including new provisions that allow same-day voter registration and require no picture id. last week we said the new law also allows all voters to print out their ballots at home. that actually is not the case. members of the military and somu others like coloradkocoloradans

can print out at home. the new law is also controversial however because it also requires all registered coloradans to automatically receive their ballots by mail and allow them to return their ballots by #kn3mail. but why is that a problem? wayne williams is the county clerk of el paso, colorado. wayne, good to see you. so why is it a problem these colorado registered voters would get their ballots sent to them by mail at home and they can return them by mail? >> there are two issues with it. first of those, megyn, is that there are some coloradans who prefer not to get a ballot mailed to them because there might be someone in the household, a union boss, an employer who intimidates them once they get thatrn ballot. they would prefer to justr04p h the ability to go into a polling place. r polling place now, but if they've already cast that no-ballot. if someonen) has influenced th

and have cast it already, they don't have the ability to go into a pristine polling place in which no one could -- >> that sounds like a small sliver of the population. i mean, the argument on the other side is given the advantages of making voting so much easier for large classes of people who cannot get to the polling place on election day, is that concern valid enough to wipe out that convenience? >> you know, colorado already allowed anyone who wanted to receive their ballots by mail. and so anyone who was in that category you just described -- in fact, the vast majority of coloradans chose to already to receive their ballots by mail. it took away the right from people to make the choice for themselves as to how they receive that ballot. >> has anybody raised a specific concern? i don't want you to mail me my ballot -- by the way, who lives with their boss? >> well, the boss knows when the ballot's going to show up. so the boss knows when the the union boss knows when the

ballot's going to show up. and they can try to come over and obtain that ballot and turn it in for you. so that's one of the provisions registration affect this issue? or is that a separatet3yuç qp).? >> it's a separate issue. and it's by far the larger issue. so in thehfú÷ 2012 presidential election in my county, which is the state's most populous, we had an individual turn in five different voter registration forms using different addresses and different social security numbers. we were able to prevent that individual from voting because we had an advance registration system where our excellent staff say, hey, this person had turned in multiple registrations. >> a red flag. >> it was a red flag. and we were able to contact that voter. and once contacted the voter, they did not vote. the new law though takes away that advance notice and the ability for staff to review it >> would the votes being cast by somebody who registers on

election day be provisional votes? votes thatyvãaren't necessarily countede0rtowards the electiona unless? >> a newly registered voter in colorado is allowed to immediately cast a regulará#ç. ballot. and if they go from location to location and use a different socialmik security number and a different address, we would never be able to catch that until after the election occurs. and that's the real concern with the new law. >> has there been any -- is that brand new?v-kd in other words, have you had an election since this was implemented? the other side says you're registration fraud.tration there's no concern about actual voting fraud. voting fraud on voting day. >> you know, we actually had a recall election that was governed under these laws. i ran it. it was of the former senate and we had about 268 people who used the new provisions of the law. now, most coloradans follow the law, but we had seven of those individuals who when we sent mail to them afterwards, the

post office returned it saying no such person[húáu by that nam this address. so, again,;ñ6ñ majority of coloradans do vote honestly. the county clerks work very hard to make sure the election's conducted with integrity. but there are few people who make -- who risk the system and risk the integrity particularly in a close election. >> sir, good to see you tonight. thanks for being here. >> thank you for having me on. we'll be right back. when itd nutrition...i'm no expert. that would be my daughter -- hi dad. she's a dietitian. and back when i wasn't eating right, she got me drinking boost. it's got a great taste, and it helps give me the nutrition i was missing. helping me stay more like me. [ female announcer ] boost complete nutritional drink has 26 essential vitamins and minerals, including calcium and vitamin d to support strong bones and 10 grams of protein to help maintain muscle. all with a delicious taste. grandpa! [ female announcer ] stay strong, stay active with boost. (receptionist) gunderman group is growing. getting in a groove. growth is gratifying. goal is to grow. gotta get greater growth.

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tune in tomorrow night. see what i'm going to be for halloween this year. an employee of a major corporation. the women wore blue, the men wore wings.-kfñw facebook.com/thekellyfile. see you tomorrow night. i'm megyn kelly. thanks for watching. 1%+tonight, are the presids policies on the ballot? yes or no? >> with the midterm elections days away, are the president's policies on the ballot or not? >> it was nowhere near as bad as it sounds, the scandals of the irs, obamacare website -- >> "saturday night live" hits the president for, well, just about everything. and sir charles barkley about "when you're black you have to deal with sozb(hx much crap fro other black people". >> and an look at helping america's military.