else. again, thanks for watching us tonight. ms. megyn is next. remember the spin stops here. breaking tonight, we are now awaiting a news conference after a nasa rocket exploded in a massive fireball just seconds after launch. good evening and welcome to a lot of breaking news tonight on "the kelly file" everyone. i'm megyn kelly. an unmanned supply rocket lifted off in eastern virginia and, watch. >> three, two, one. and we have liftoff of antares mission on its third mission to the iss. main engine at 108%.-pc9xd

>> terrible. engulfed in flames crashing back on to the launchpad and erupting into another massive fireball, shooting burning debris. engineers so far tight lipd on what might have gone wrong. we're expecting this news conference in less than a half hour. we'll get to that, but first, a state department memo arguing for the united states to bring some ebola patients to america for treatment even if they are not u.s. citizens. it comes less than 24 hours after virginia congressman bob goodlet warned on this program last night that the obama administration was, in fact, considering this idea. the leaked memo1

specialist to discuss whether this is a good idea in moments. but another big story breaking tonight, the department of homeland security says it's federal buildings across the country in response to what one source calls, quote, an evolving threat environment. the news broke late today. sending out a press release about new protection at thousands of federal buildings across the country. sources tell fox news this follows an increase in terror chatter that started several weeks ago. jeh johnson called it aújgw self-evident. the continued public calls by terrorist organizations for attacks on the homeland and elsewhere. dhs also mentioned events in canada where a lone wolf terrorist shot a soldier and ran into the canadian parliament building before he was gunned down last week. that soldier was standing at a war memorial with an unloaded weapon and the homeland bulletin

mentioned the specific risk to government personnel and facilities. the release also warned of potential small scale attacks by a lone offender or lone wolf. five days ago a man with a hatchet attacked a group of new york city police officers and what the police commissioner said was a terror-motivated assault. joining us on the breaking news, chief white house correspondent ed henry who is live with me on the set tonight. >> good to see you. the bottom line is the timing of this is very curious because the threat potentially fromw3 isis/d terrorxdok[r groups like the nu we've been hearing about this increasingt( but the white house has beent( downplaying it suggesting thatw the homeland is not under threat. forward withçó this is a questi we'll haveúát(5a explore. think about it, back in august, way back in august, the top civilian and military officials at the pentagon warned about the threat to the homeland from isis. listen to this.

>> they're beyond just a terrorist group. oh, this is beyond anything that we've seen. so we must prepare for everything. >> the immediacy is in the nationalities who havühf come the region to become part of that ideology. and those folks who go home at some point because of open borders and immigration issues, it's an immediate threat. >> that was way back when the president was on vacation on martha's vineyard. you'll remember white house officials were saying, wait a second, yes, there's a threat out there, but it's mostly in the region, mostly in the mideast, it's not necessarily a threat to the homeland. when the president returned home from vacation in late august, we had a meeting with josh earnest in which he tried to downplay the threat to the homeland like this. >> we're concerned about the threat posed by isil. but it is the assessment as stated by the chairman of the joint chiefs of staff that there

is currently not an active plot under way to attack the u.s. homeland by ]foisil. >> a senior administration official says the only reason they've put that out there that there's not a specific plot but they did this out of an abundance of caution to make sure everybody is on guard. but i spoke to another senior official who told me he thinks there's one reason this was put out before an election, he used the word "cya" all this chatter from isis potentially in response to the strikes in syria. there could be something that happens in the next few days and they want to make sure they put this warning out there, but other officials have been warning about this for weeks, for months. >> which begs the question, what are we supposed to believe? >> brit hume, fox news' senior political analyst. the problem for us, not just the white house but the american people, is the changing messaging, brit and what we're

supposed to believe. the question people are asking tonight is what has changed that now lqsfñ to this raising of t threat level? just in august they said they weren't going to raise the threat level. in september we got an fbi bulletin warning of isis threats against law enforcement, against military, against others, but the white house was asked about that fbi bulletin by the guy sitting with me on the set right now and about whether that was going to change our threat  we now viewed the isis threat differently. i want to play you and the viewers in part what josh earnest told ed henry whenc he asked specifically about that r @r(t&háhp &hc% >> ed, i have not seen this fbi bulletin. z the firstñi is the united state for quite some time now, has been cognizant of the threat that is posed by foreign fighters or by individuals who could bex@c"% radicalized in th country. the fact that isil poses a general threat to the united states is something that we have been aware of for some time.

>> it's old news. and now here we are. that was less than a week ago. now here we are raising the threat level. your thoughts? >> megyn, look, there's a sequence of events here that makes a certain kind of sense. the attack at the canadian parliament last week in which a soldier was killed. then subsequent to that or in the same chain of events with3p that was we had this attack on the two police officers standing on the street. terrorist organizations consider election times good, opportune times to do something big. you could argue here this is all a little late, but it doesn't really seem inappropriate to, you know, raise the alarm or p r(t&háhp &hc% in government buildings. the general alert is not being raised, apparently. it's just in government buildings. so you can argue this is a half measure, that there should be a more general raising of the alert after all these events are kind of frightening.

so yeah, i think we've, all of us who havey71÷ watched this wh administration response to terrorism in general, have, or many of us have concluded that the administration has been loathe to response very much to these things for fear of interfering with their kind of favorite narrative which is that al qaeda's on the run and the tide of war is receding and the rest of that, and, of course, when these things happen, that fight that. and if the administration responds to them, they feel that that further fights their narrative. i don't see any reason to criticize this on its face unless you want to make the argument that they should have done it three or four days earlier. >> what i'm asking is about ed's point, which is the senior official who is saying this is a cya, but let me just outline it for you. because he laid out the defense department saying this is isis is a threat, an immediate threat and thexdçó white house saying no, no, no, no. then we get the fbi bulletin saying they're going to go after law foefrmt. and josh earnest saying they're

a general threat, it's a general issue, not to worry. then we start to see executions. now suddenly it's maybe we ought hp5= raise the threat level.@/o >> with apparently an increase in the chatter which always makes officialsñi nervous. cya means cover your backside. if no alert were issued here, no alert of any kind and something happened at or near a u.s. government building, th administration would be abraded for failing to do something just like this. they%qgqç may be covering their butts,çó in some wpi" that's w you ought to do. it( can see how people could criticize them for beingp; too slow but i don't see a problem with this measure specifically. >> i don't think that's what the criticism is about the measure. it's the question s9á;: the tim and whether this is an admission that's come a little late in the process given the warnings from chuck hagel, from general dempsey, from isis itself as administered through the fbi bulletin. >> you can argue that it's too

late or a half measure, but, you know, that's a point o view that i think a lot of people hold, that the administration has been slow on these things and arguably slow on this one as well. >> brit, good to see you. >> thanks, megyn. >> in weeks that leaked state department memo outlining an argument to bring a number of sick ebola patients to the united states of america for treatment. we'll show you the argument for this and how it could impact you. plus -- we hope to get answers soon tonight on a terrifying explosion moments after a nasa rocket launch. we are awaiting a news conference in moments. stay with us. yeah, dinner sounds good. i could come by your place. my place? uhh...

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but i've managed.e crohn's disease is tough, except that managing my symptoms was all i was doing. and when i finally told my doctor, 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. ask your gastroenterologist about humira. with humira, remission is possible. breaking tonight, fox news now confirming that the state department is pushing to start bringing some infected ebola patients to the united states for medical treatment even if they are not u.s. citizens. we first broke this story last night. when the chairman of the house judiciary committee, bob goodlatte, came on the kelly file to talk about increasing evidence that this plan is being considered after sharing a confidential communication about the plan in development, a document fox news has also now obtained. today we were attacked for our reporting by evan mcmurray, who no one has heard of, he condemned the kelly file saying fox unfairly aired an unverified

claim arguing, quote, there's no evidence beyond goodlatte's claim that the administration is actually considering such a thing. a lesson for mr. mcmurray, just because the chairman of the house judiciary committee won't present a leaked communication on camera doesn't mean said document is in fact imaginary. when a lawmaker is willing to tell the public on camera that such evidence exists, he's seen it and has written the homeland security and state department about it, it's called news. sure enough today fox news got a copy of the document, too. in a memo headlined, sensitive but unclassified, the state department argues exactly what chairman goodlatte suggested. quote, the united states needs to show leadership and act as we are asking others to act by admitting certain noncitizens into the country for medical treatment for ebola virus disease during the ebola crisis. and there's more. chief congressional

correspondent mike emmanuel joins us live from washington. mike? >> this memo we've obtained was written by a member of the state department's ebola coordination unit. the last page says it was approved by ambassador nancy j. powell who secretary of state john kerry named last month to lead this team responsibility for the state department's outreach to international partners to work on the global response to ebola. some key points in the memo, purpose, come to an agreed state department position on the extent to which non-u.s. citizens will be admitted to this country for treatment of ebola virus disease. recommendation, the state and dhs devise a system for expeditious parole of ebola-infected noncitizens into the united states. the greatest stated impediment to persuading other countries to send medical teams to ebola-afflicted countries in west africa has been the lack of

assured medical evacuation and treatment for responders who may be infected with the ebola virus. they were planning to bring non-u.s. citizens with ebola here. white house press secretary josh earnest responded today. >> that certainly hasn't happened so far. i don't know of any plans to do that, but we'll take a look at the letter. it sounds like he sent the letter to dhs and state department. you might see if they have a response to the letter. >> late today a state department official told our colleagues, quote, there are absolutely no plans to medevac non-americans who become ill from west africa to the united states. but now we have a memo laying out the reason for doing it, an estimated price tag of $2,000 per medevac and $300,000 to treat each patient. >> mike, thank you. this memo describes four things necessary to bring ebola patients to america, funding, flights, evacuation capacity and hospitals willing and able to

treat the patients. chairman of medicine at beth israel medical center. and your thoughts on this proposal from the state department that they advocate on behalf of these patients saying we need to lead on this, that it's our responsibility to help these patients? >> megyn, i'm extremely surprised at this memo, which i also saw. i cannot believe we're actually going to take patients who are noncitizens -- >> may. >> we may take patients who are noncitizens and these are people who work for our embassies, people who are nongovernmental employees who work for the united states, contractors, et cetera, and bring them here to facilities that are already probably worried and may be strained with patients that are previously infected who are our own citizens and there's only three sites in the country that do this, nebraska, the nih and atlanta, georgia. so i mean, the nurses that i've spoken to, the doctors i've

spoken to, everyone is extremely cautious about treating infected patients who have a copious amount of secretions. these are people who can produce as many as three gallons of diarrhea a day. >> oh, good lord, doctor. you didn't have to go there. >> it's extraordinary and it's a horrible, horrible illness. we're a naive country. this continent has never seen this virus. i can't believe we're intentionally thinking about bringing people here that may have a hemorrhagic virus that could be lethal to significant parts of the population. >> are we just under a miss impression then because we've watched these institutions take care of so efficiently, so successfully, these two nurse, this cameraman and so on in a way that seems to suggest the u.s. and these facilities, not the texas ones, but these other facilities, we've got it down. this is a great place to be treated for ebola. >> we do have it down but these are a couple of patients. these are not hundreds of people

infected. it requires a great number of staff to take care of just one patient. these are heroic people and they're very courageous to volunteer but this kind of treatment, this kind of therapy, they can be lauded, as are the people that go over there to treat the people as volunteers, the patients, but i do think willy-nilly bringing people here to this country who are not citizens who are terribly, terribly ill may be a very, very great mistake. >> here's what the state department argues in its sensitive but unclassified predecisional memo, this is under consideration. these workers are playing a critical role in the battle against ebola outbreak. many are citizens of countries lacking adequate medical care. and if they contract ebola in the course of their work, they would need to be evacuated to medical facilities in the united states or europe. thus far germany is the only country that has accepted them and the conclusion therefore is that the u.s. needs to be the next. they're saying they can't get

the adequate care they deserve elsewhere. >> well, that may be the case. we are a very high-tech society. we have the best doctors, the best nurses in the world, no doubt. but still, we're talking about bringing a virus, which this population has never seen, we're bringing many, many people to our shores, to specialized centers and how long is it going to be before those centers are saturated with patients? and then what do we do with those patients? where do we put them? >> the state department says there's no plans right now, which begs the question we're seeing they're recommended and that question we'll find an answer to in the coming days. thank you. >> thank you, megyn. dramatic new polls that could signal new drama for the midterm elections. karl rove and bill burton are here. don't you want to see that? to break it down and tell us which races to watch. plus, we are right now getting more information from nasa about this dramatic rocket explosion just a couple of hours ago.

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team be advised stay at your consoles, everyone else maintain your positions in your consoles. >> it was an unmanned rocket, but it still just makes you feel sad, doesn't it? boc reporter bill mitch is on the ground with the very latest. bill? >> we were actually about two miles away in a media staging area from that launchpad. the second explosion when the rocket came back down to earth, we felt the shockwave two miles away. it pushed us backwards. something i'll never forget. something i've never experienced before. we've covered these rocket launches two times before. it's delivering cargo to the international space station. something we expected to go according to plan. during our time covering it, during the first six seconds i

knew something was immediately wrong. you can just see fire coming out from the rockets even two miles away, you knew something was wrong from our previous stories. you felt that first explosion and felt the second explosion it was chaos. the media staging area, the firefighters behind us, i've never seen guys move that quickly. they tried to get to the launchpad as quickly as possible. we had a nasa executive come over and tell us we had to leave. we were stuck there because of our satellite truck. we asked her if there was anybody on the island. we were actually the closest people to the launchpad. no one was on the pad. if there's any good news in this it's that nobody was hurt. but from two miles away i can see the damage is pretty substantial. >> thank you, bill. all the best. breaking news on the midterms tonight with the release of some brand new fox poll. karl rove and former obama administration spokesman bill burton are here to tell us which races are tightening tonight. plus a bombshell new claim

from former cbs journalist sharyl attkisson who sult sugg the government was not only hacking her computers but possibly trying to frame her. hower kurtz and mark thiessen are here. >> this administration's been more restrictive and more challenging to the press, more dangerous to the press really than any administration in american history in terms of legal investigations and so on and i think access to the white house has just gotten worse and worse. we asked people a question how much money do you think you'll need when you retire? then we gave each person a ribbon to show how many years that amount might last. i was trying to like, pull it a little further got me to 70 years old i'm going to have to rethink this thing it's hard to imagine how much we'll need for a retirement that could last 30 years or more. so maybe we need to approach things differently, if we want to be ready for a longer retirement. ♪

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from the world headquarters of fox news, it's "the kelly file" with megyn kelly. >> breaking tonight, brand new fox polls coming one week from the critical midterm elections. a week from tonight. after republicans across the country have tried to make this contest about the president, 52% of americans now say they lack

confidence in the president's leadership. and when asked if they would vote for the president's policies, if those policies were on the ballot, 58% said no. that is up five points from earlier this month. we're joined by two political and campaign experts karl rove and co-founder and adviser of american crossroads and former senior adviser to george w. bush. bill burton is managing director of the global strategy group and former white house deputy press secretary and obama campaign veteran. we'll begin with bill, although it would be so fun to debate because there's no way you like each other. no, i'm sorry, bill. let's start with him. >> i love it. >> first, your broadbrush view. do you agree that the democrats are likely to lose the senate? >> look, what i think is -- i think it's definitely possible. but what i think is amazing is given the polls that you just showed and the polls that everybody already knows that

we'll still talking about races rei like georgia, arkansas, kentucky and alabama. considering that the president is not as popular as he was once you would think that states like that would be completely off map right now. you've got very close elections given the strength of our candidates and the strength of those campaigns. that come election night, there is a path to victory for democrats albeit a narrow one. >> why do you thing the environment is so bad for democrats? >> well, it's a lot of things. on the economy, even though the numbers are getting better, the jobs picture is improving, the stock market is going up, middle class americans don't feel that. their wages are stagnant. and you know, as a result, i think that that depresses how people feel about the economy overall. and then you've got isis, you've got ebola, you've got all these world crises that are happening. it's hard for people to feel good about the direction of the country when it just feels that things aren't going that great. >> do you agree that it's a mistake for president obama to say his poll sis are on the ballot even though he's not? >> i didn't see exactly what

david said. >> he said it was a mistake. >> that general sentiment i do agree with because at the end of the day what politicians often get wrong is it's not even about the actual names that are on the ballot. when a voter walks into the ballot box, they're voting on themselves, for their families and their communities. that's what voters are thinking. if the president can get those words back, he probably would admit it was a misfire and maybe try to reframe them, but at the end of the day these races are about the individuals who are going into the ballot box and, you know, that's why i think that democrats are still in the game because voters generally see democrats as more on their side than the republican candidate. >> what do you think of the top three races that are being priority ittized right now in terms of money and other means by democrats? >> what are the top three that are being prioritized? i would say if we're talking about the top two that are being prioritized by democrats, you have to look at north carolina where $100 million has been

spent so far in that race. it's a tremendous amount of money. and the fact that kay hagan is up a couple of points or tied is unbelievable and a real testament to the kind of campaign that she's run. kentucky, you know, a state where you've got this republican majority leader running, millions and millions of dollars have been spent in that race, he's the most unpopular senator in the united states senate right now, and that's why allison grimes has really stayed in it. she's run a great campaign but also mitch mcconnell is really unpopular and folks are looking for a change there. you see a realignment in that state as a result. >> yes, sir, go ahead. >> i was going to say that another race democrats are watching very closely, me myself, are very interested in are georgia where michelle nunn has run an amazing campaign. i don't think anybody would have thought six months ago let alone two months ago that we'd be talking about this race today.

it's in part because of all the voters they were able to register down there, over 125,000 so far and she's run a strong campaign and dave perdue has been hurt by the outsourcing attacks that come against him not dissimilar to what happened to romney in 2012. >> good to see you. joining me with more is karl rove. do you agree with everything bill just said? >> i agree with some of it but not a lot of it. >> i think it's extraordinary that he is admitting that the nature of the country right now is such that the democrats are embattled and this is the environment they're up against in terms of jobs and the economy and these are policies that we've had under a democratic president and the democrats leading us in at least one house of congress for the past six years. >> i thought it was interesting he talked about how people feel about the economy, even though everything is really good, they feel bad about it. the reality is we've had an anemic recovery. the worst recovery in recorded economic history of the united states. we've had anemic job creation.

it took us longer to get back to our starting point. >> right. >> in this recovery than it has ever taken even during the great depression we got back to the starting point quickly. >> let's talk about a couple of races he mentioned. he thinks kentucky is still in play. they took the money out and put it back in because they believe alison lundergan grimes is closing the gap. >> they came back with money because bill clinton's campaign chairman just hit the roof when the dscc pulled its money out and they probably got clinton to call and say you've got to put a little bit of money back in. kentucky is over and done with when she can't admit to bring herself to admit she voted for obama, there's a candidate running in fear from president obama. that race is over. >> how about georgia, he thinks that's a testament to the democrats? >> i think the race is in play. i think perdue is ultimately

going to win it, but he's right. that's one point i agree. they've made unfair attacks on david perdue's comment about outsourcing. he was talking about how he took over companies rather than having them wash their own uniforms, they hired their own company and he sent jobs to china. it was a fundamentally unfair attack. i do think he's right that those attacks have hurt and it's a closer race than it ought to be. i think he'll win. >> what about the top three states? are there three states the republicans need more than any? >> well, we didn't talk about three states that i think everybody would agree are over with and done with. that's the democratic seats in montana, south dakota. i think the key races that are going to determine winning or losing are alaska, colorado and iowa because i think we will have five seats, the question is

are we going to get six or seven or eight on tuesday night? and that's going to depend on the outcome in those three states which are all close. >> how about iowa? because that's particularly close. that's very tight. >> iowa, though, i've got to tell you there's a durability to joni ernst's situation in the polls. as of last night the democrats had like 3412 more early ballots received than republicans did, but four years ago another this time they had nearly 17,000 more early ballots and that was an election where they lost the governorship. they do have an advantage in that bruce braley is not an incumbent member of the senate but he's an incumbent member of the house so he has all the bad votes that incumbent senators have without the advantage of running and serving statewide. >> we'll see more of karl one week from tonight. tune in to fox news' one week from tonight special election coverage anchored by yours

truly. our coverage begins at 6:00 p.m. eastern time. we'll have all of our fox all-stars there for you that evening. we're hearing a dramatic new claim from the journalist who says she was targeted for reporting negatively on this administration. up next see what sharyl attkisson says the white house was doing to her computers, phone and her home, not necessarily the white house, the administration. plus see how the students at uc berkeley have decided to punish bill maher for this. >> you're trying to say that these few people, that's all the problem these few bad apples. the idea that someone should be killed if they leave the -- >> that's horrible. wait, wait. >> the idea that someone should be killed if they leave the islamic religion is just a few bad apples?

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and which to leave behind. you want your trades executed in one second or less, guaranteed, and routed with institutional-quality technology. look no further. open an account and find more of the expertise you need to be a better investor. new bombshells from the journalist who claimed she was targeted for reporting negatively on the obama administration. a former cbs reporter sharyl attkisson revealed the list of evidence in her forthcoming book that she says proves the administration may have been doing a lot more than just hacking her computers. trace gallagher from our newsroom with more. >> toward the end of her run with cbs news cheryl at kiss been complained loutly that network executives refused to air stories that were negative about the obama administration. the relationship was clearly

strained yet cbs verified back in 2013 that at kissen computers had been hacked and that whoever hacked her went to great lengths to cover it up. now in her new book sharyl attkisson is claiming that an inside source said he was shocked and flabbergasted by what he found. telling her, this is outrageous, worse than anything nixon ever did. i wouldn't have believed something like this could happen in the united states of america. atki atkisson said not only was her computer security breached but they listened in on conversations and tried to frame her by placing classified documents in her computer that only a computer wiz could find. the groundwork to lay charges against her or her sources and she claims it has an undeniable link to the obama administration, either the fbi, cia or nsa. here she is talking about her

book on youtube. >> i was at home workg on questions for yet another story that the obama administration was unhappy with related to benghazi terrorist attacks. as i was working on the questions for a benghazi-related story, the data started wiping kind of at hyperspeed being deleted as if my computer had been hijacked and i had no control over it. >> the justice department has denied the allegation. cbs news has declined to comment on the new book. >> thanks, trace. ms. atkissonis not the only journalist upset with the white house. she believes the administration is more dangerous to the press than any other in history. joining me now, howard kurtz who is the host of media buzz here on fox and the speech writer, a "washington post" columnist and an american enterprise institute fellow. so her claims she has gotten specific about how she believed the administration has targeted her before. but her new book sounds like

it's got more specifics than we ever heard before including the suggestion that documents were planted. do you believe it? >> it's an incredibly chilling narrative, megyn. the accumulation of detail about how these two computers, home computer and the office computer, files were accessed, files were deleted, the plants of the classified documents, as you said, a fiber-optic line mysteriously appears being installed in her virginia home. i certainly believe that somebody was out to get her. i cannot prove and she did not explicitly claim it is the administration but makes you wonder about press freedom in this country. really kind of a spy thriller. >> she says she was told by the experts that this had to be somebody who knew what they were doing, somebody like cia, dod, fbi, someone with a three letters, as they put it. marc thiessen, you work for the government. tell us the truth, do they do this kind of thing? >> not in our administration

they didn't. sharyl attkisson is a serious person. she has evidence and we have to take her allegations seriously. and if the government was involved in this, this is a serious, serious misconduct bordering on what -- on -- approaching watergate. this is huge if the government did it. we do not know that the government did it as howie puts out, she doesn't explicitly say it in her book. >> but in any alleged situation like this, who had the motive, who had the motive? and that's seems to be where she goes with it. she believes this is no accident. she was doing reports that were highly critical of the obama administration and she was doing it from cbs news which the obama administration was not able to write off as -- they tried to write fox news off. so they had to deal with her. and yet to this day she maintains her credibility. this is not some hack. >> no. this is an award winning reporter who often shows was often at odds with her bosses at

cbs on the benghazi stories and the fast and furious stories and others. but the obama administration, whether there's any ling here or not does have a track record of going after people like james ricin, who is going to jail for refusing to name his source. our own james rosen whose e-mails and those of his family were accessed without anybody at fox or rosen himself knowing about it. now in those cases there was a warrant, although it wasn't disclosed publicly until later. >> it was affirmatively represented not to be the case by eric holder. >> exactly. i think the administration pulled back from these tactics because of storm of credit sim from journalists like susan page of the "usa today." >> i want the audience to hear that soundbite for themselves. let's pay susan page. >> this administration has been more restrictive and more challenging to the press, more dangerous to the press than really any administration in terms of american history in terms of legal investigations and so on. and i think access to the white house has just gotten worse and worse. >> what do you make of that,

marc? because we had a president who ran for office saying he would be the most transparent administration in history, a claim he maintains he's upheld. >> one of the reasons there's so many leak investigations is there's so many leaks. this administration has leaked like a sieve trying to make the president look good from revealing details of the bin laden raid to revealing that he personally drew up a kill list, to revealing that he authorized the attack in iran. they've done a lot of damage with leaks. one of the reasons there's a lot o leaks in the investigation is because there are leaks. but the case that howie pointed out, there's a qualitative difference between that and what sharyl attkisson is alleging, that there was a warrant in most of those other cases. in this situation, i asked two very senior national security officials is it at all possible that what she describes was done under a water. they said no, you could monitor a journalist's computer if there was a warrant to do that, but to go in and destroy files?

that's something no judge would ever approve. this is qualitatively different and much more serious than whether you agree or disagree with the other investigation. this is something on its own. >> go ahead, howie. >> every administration leaks and every administration has battled the press over access. this takes it to a whole other level. this is qualitatively different which is why you have the press corps up and arms. >> it's very likely we'll never know exactly was on those computers. good to see you. up next, see how the students at uc berkeley have decided to punish bill maher.

big day? ah, the usual. moved some new cars. hauled a bunch of steel. kept the supermarket shelves stocked. made sure everyone got their latest gadgets. what's up for the next shift? ah, nothing much. just keeping the lights on. (laugh) nice. doing the big things that move an economy. sharyl. see you tomorrow, sam. just another day at norfolk southern.

developing tonight a new push to drop bill maher from the uc berkeley commencement. right now students are passing around a petition saying that maher is a bigot and a racist because of his recent remarks on his cable show. trace gallagher with more. trace? >> megyn, the student group that selected bill maher to speak at the fall commencement just told us they're well aware of the concerns that some students have and are trying to find a solution that's acceptable to all. but the students behind the petition to get maher removed don't appear to be willing to negotiate. the petition appears to have been written by an active member of the middle eastern muslim and south asian coalition calling bill maher, quote, a blatant bigot and racist whose various statements on culture and religion are offensive and his

dangerous rhetoric has found its way into our campus communities. dealing with hamas is like trying to deal with a crazy woman who is trying to kill you. you can only hold her wrists so long before you have to slap her. and in this episode where bill maher and ben affleck got into a heated debate on islam. >> one of the reasons they don't get exposed is because they're afraid to speak out. because it's the only religion that acts like the mafia, that [ bleep ] kill you if you say the wrong thing, draw the wrong picture or write the wrong book. >> so far the petition has some 3100 signatures. the university says the final decision is up to the students. we contacted bill maher's publicist but so far no response. and maher, who is very active on twitter, has also not posted any comments online, kind of odd given that he seems to enjoy a good debate. >> let us know what you think about this.

follow me on twitter @megyn kelly. the kelly file plus coming up tonight on "hannity." >> well, we'll see what happens. >> you're going to start this again, you're going to flirt again. you're not, you're out. >> no, i didn't say that. i say i won't start that again. don't forget, i never did start it.

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which is different from "the kelly file" page, which we appreciate thanks to you. i'm about to post an interesting picture from earlier tonight. go there after the show. we'll see you tomorrow night right here at 9:00 p.m. welcome to "hannity." the 2014 midterm elections is one week from today. tonight ahead of this extremely important election, we've gathered together a few of the biggest names, glenn beck, congressman paul ryan. donald trump. are you ready? time to roll. tonight one week until election day and the midterm momentum belongs to the gop. bill hemmer is at the hannity billboard with the latest projections. >> abraham lincoln knew, trust the people. >> the outspoken glenn beck