"the factor." great word. again, thanks for watching us tonight. ms. megyn coming next. i'm bill o'reilly reporting from washington. please remember the spin stops here in d.c. cause we're looking out for you. less than 24 hours the president delivers an ultimatum to the new congress we have a response from the newly powerful republican party. and it clearly is not what the president wanted to hear. good evening and welcome to "the kelly file" everyone. i'm megyn kelly. tonight the ball is back in the president's court after 72 hours of major political drama in the nation's capital. first, the republicans racked up breathtaking wins in tuesday night's midterms. then, president obama responded in a lengthy news conference that started with an olive branch to the gop but was quickly overshadowed by a new demand with the president saying congress has about seven weeks to pass a comprehensive immigration bill he likes or he will act on his own. house speaker john boehner today

responded by saying the president is playing with fire. >> now, finding common ground's going to be hard work. but it will be even harder if the president isn't willing to work with us. yesterday we heard him say that he may double down on his go-it-alone approach. listen, i've told the president before, he needs to put politics aside and rebuild trust. and rebuilding trust not only with the american people, but with the american people's representatives here in the united states congress. i believe that the president continues to act on his own he is going to poison the well. when you play with matches, you take the risk of burning yourself. and he's going to burn himself if he continues to go down this path. the american people made it clear election day. they want to get things done. and they don't want the president acting on a unilateral basis. >> over in the senate six republican senators reacted as well sending outgoing majority

leader harry reid a blistering letter urging him to block executive action if the president that amounts to "amnesty." going onto say "president obama will be exercising powers properly belonging to congress if he makes good on his threat. and that any executive actions resembling amnesty will create a constitutional crisis that demands action by congress to restore the separation of powers." moments ago i spoke with senator jeff sessions who co-wrote that letter. he was re-elected on tuesday after running unoppose today what will be his fourth term. senator, good to see you tonight. congratulations on your victory. not exactly unexpected since nobody opposed you. but nonetheless congrats. my question to you you say in this letter to the president on threat of executive action that you will use all procedural means necessary, you say to harry reid, to resolve this constitutional crisis the president would create. what does that mean exactly? >> we have got to make sure that congress speaks on this issue.

the house has already passed legislation that would bar the president from expending any money to carry out such an amnesty as this, this executive amnesty. that 80% of american people in polls show oppose yet he's continuing to talk about it. it violates the constitutional structure and law. and it needs to be stopped. and we've got to stand up and do so. and senator reid needs to do it as an constitutional person to defend the integrity of congress who has a sole power to pass laws on immigration. and the president's duty is to enforce those laws. >> all right. it's not clear whether we jump to january and you try to pass such a thing once the gop actually has control of the senate whether you could get such a bill passed in the senate even under republican control. because 14 senators voted for a comprehensive immigration bill that the democrats wanted to put through. so the gop in the senate is not uniform on this issue.

however, you're going to head up the budget committee, correct? and so what powers will you have to shut it down? >> well, look, people who supported the gang of eight bill, senator mccain and others have condemned resoundly the president's amnesty proposal. he said it cannot -- he pleaded with the president not to do it and others that have said the same thing. so we're in a position first, i believe, that we should in finding the government when the house sends the bill over to appropriate money to carry on the government for a continuing resolution that it should bar any expenditure of money to carry out such an executive amnesty. >> can i jump in and just ask you about that? here's my question, how would that work? because the white house won't say what it's going to do. in your defense, he's just saying i'm going to do something, we're going to do something if you don't do something. they're suggesting this might be

an expansion. he deferred prosecution of children who were brought here by their parents illegally. and the suggestion is he might then expand that to defer prosecution of all those children's parents or perhaps beyond that. but they're talking any place between 1 and 5 million illegal immigrants who might be affected, who might have their prosecutions deferred. how do you shut down funding for a deferred prosecution? >> well, it's real easy. the way they did this thing they gave those individuals id cards with the words work authorization on it. and gave them the power to take a job, which is improper and contrary to what the laws of the united states are. and so now the president is saying he's going to do up to 5 to 6 million more. so congress simply has to bar the expenditure of any money to carry out such a scheme because

it would be a very expensive scheme. and we do that all the time. for example, gauantanamo would have been closed a long time ago except the president -- hundreds of thousands of legislative actions throughout the years have barred the executive branch from spending money to execute policies that congress does not want to fund. >> now, is that all you'd be willing to do? is that it? we've had the budget dare measures not as controversial as some other things people are suggesting such as possible impeachment of the president for what many would consider lawless actions if he goes too far. the president does have prosecutorial discretion, but if he gets to the point where it looks like he's broadly ignoring laws that have been passed and signed into law by a president, then it could be an abuse of power. so he's going to have to be very careful about how far he goes.

some suggested he goes too far, he should be impeached, charles krauthammer on fox news channel yesterday saying to republicans if he does that, don't take the bait. would you? >> no. i think we've got plenty of tools or use any one of those tools. look, the american people have pleaded with congress and presidents for 30 years. they've asked, pleaded and demanded really a lawful system of immigration that serves the national interest. president obama is decimating law enforcement, megyn, in a host of ways. this is just one of them. he's destroying the law enforcement. the morale of immigration officers are the lowest of any agency in the government. they sued the secretary of homeland security for causing them to violate their oath and not enforce the laws of the country. it's an unbelievable circumstance. the president is arrogantly refusing to follow the will of

the american people first and foremost and to fulfill his duty to faithly see that the laws of the united states are executed. >> is there anything -- and it should be noted that if he issues an executive action that is not to the liking of the country, he could be replaced by a republican who would undo what he did. an executive action doesn't have the full force of law behind it. so it could be undone by another president. but i want to ask you this, is there any chance that what he's demanding be done will in fact get done, which is the house and senate which is now controlled by democrats until, you know, the end of the year, and that's when he wants it, he wants it by january will work together to come up with a comprehensive immigration reform bill? they did that before, the house said no. what do you think now? >> we need to improve the laws of the united states. and we need to create a principled immigration system that serves the interest of the

american people that does not pull down wages, that does not deny americans jobs that they'd otherwise be able to take. we absolutely need to do that. and i would say the american people are overwhelmingly in favor of that. so i would warn my democratic colleagues look to what happened to some of your colleagues in this past election. you need to understand american people want something done. and if you stand in the way of it, and you filibuster and block reasonable legislation -- >> -- the republicans and house and some in the senate like yourself said this wasn't good enough. that was a bill that would have provided for more security, a border fence, would have provided more money for enforcement along the border and eventually provided a path to citizenship. >> well, it would double the number of workers coming into the country to take jobs. it would gone from 10 million people getting permanent legal status in america over the next

ten years to 30, and would not be an effective enforcement tool as we demonstrated. and that's why the house said it was dead on arrival when it arrived over there. it did not do the job. the talking points they put out were good and sounded wonderful. but when you read the bill, it did not do what they promised. so we've got to write a bill that will work. yes, we can do that. but biggest part of the problem is they won't enforce the laws that are on the books. they won't do the job now. we've got a lot of laws that simply are not being enforced. >> got it. >> encouraging more and more people to come unlawfully making it -- really putting extreme pressure on the working americans whose wages are down and whose employment prospects are down. >> senator jeff sessions, thank you for being here, sir. all the best to you. >> thank you, megyn. well, there's also a new theory emerging tonight about why president obama may be picking this immigration fight and why he's doing it now. and it has little to do with

immigration. that's coming up. plus, new fallout after reports of a secret letter from the president of the united states to the ayatollah of iran directly. this is the man called for annihilation of israel in which the president tries to get some support in the fight against isis. see why some people are now warning this could end very badly. e. you fifteen percent or more on huh, fiftcar insurance.uld save everybody knows that. well, did you know words really can hurt you? what...? jesse don't go! jesse...no! i'm sorry daisy, but i'm a loner. and a loner gotta be alone. heee yawww! geico. fifteen minutes could save you fifteen percent or more. jesse?

developing tonight, while washington and the media largely remain focused on the new fight over immigration reform, there's another big story from this week's midterm vote that is starting to get more attention. and it has to do with the dramatic scope of what voters said on tuesday night. they rejected some of the democrats favorite themes and embraced a more diverse republican party. let's start with the democrats war on women. it was almost a single issue campaign for mark udall in

colorado, he got beaten handily. it also failed to help kay hagan in north carolina. and sandra fluk, the poster girl for free birth control was rejected by voters in her bid to win a state senate seat in california. california. how about the constant refrain that the gop has no minorities, latinos, women, young people interested in its party. tim scott, a republican, became the first black senator elected in the south since reconstruction. mia love, the first black republican woman elected to the house of representatives. republican evelyn first hispanic and latina to hold state office in illinois. governor-elect gardner in colorado won with strong is panic report. thom cotton became the youngest u.s. senator at age 37. republican e lis became the

youngest member of congress at age 30. and not only did voters elect republicans of all ages, colors and sexes, but a number of them told the pollsters they did it to send a message to president obama, a man who six years ago stood on a stage at denver's invesco field in an electric moment that inspired a huge part of the country. the voters hoped. they hoped big. and this week they changed. joining me now dana perino co-host of "the five." served as press secretary under george w. bush. so what happened? >> well, it's been a great week to be a republican. i don't remember having this much fun since 2004 when president bush won re-election. and just the nature of a party that they grow, they decline, theyolve, they self-destruct. and since 2006 really the republicans have been kind of in the wilderness. who are we?

big debates, fights over demographics and policy, big policy discussions and this time around was so different. and i think president obama actually helped unify the republican party. you have very diverse types of republicans going out together as a team and campaigning for all sorts of different -- you just listed all sorts of republicans you would not have necessarily seen even four, six years ago. so there's a whole new generation and that's really healthy for any party if they can hold onto it, that's great. there's challenges ahead demographically no doubt. but for right now for this week structural changes, superior candidate quality and don't forget, megyn, we've been talking a lot about the senate. in the house john boehner led the republicans to increase majorities to a point where they have more republicans now than since 1929. we have more governors on the republican side, but more importantly than that 70%, seven out of ten state legislatures are republican. and some of them including larry hogan, the new governor of maryland, will have a veto-proof

majority so he can do policy experimentation and cut taxes as he said he would. you can follow through on your promises at that point. and what else do you get out of state legislatures? a stronger bench. those are the types of people that will possibly run for office in the future. a good week all around. >> that's what the pundits are saying. the democrats also lost on tuesday is their upcoming bench. allison lundergren grimes who was supposed to be a rising star was annihilated in the race that was supposed to be a nail-biter, gone. all these young exciting democrats vying for office washed out. that's why some i read today were calling this a potential generational defeat. they're going to have to find a whole new troop of folks where as the republicans now have these folks on the rise and on the move. >> however in 2010 the republicans had a similar problem. and they nominated several candidates that were not good enough to win those elections. and they lost seats they should have won such as in delaware. that changed. and i think if you look at

reince priebus and what he did at the rnc, the structural changes and outside groups like americans rising, this is a super pac that helps republicans. those guys not only from a financial standpoint, they're smart. but they found bruce braley in iowa, when he made fun of senator grassley for being a stupid farmer, they got that video and it was out in a few minutes. and it went everywhere. it was really kind of just a different election because there are so many experiments. >> they're learning. >> they are. and they've had a long way to go. >> it's so interesting because you look at that video of obama and invesco field, the president in 2008. and it's very moving. i don't care whether you voted for him or didn't vote for him. it was a moment to see the swell of support behind him. and he ran on hope and change and the country believed it was going to be different. that moment there with the first lady. i mean, it was just -- and then after he took office, dana, he

was pressed on what's going to happen and are you going to talk to the republicans? are you going to take republican ideas especially on obamacare. do we have the sound bite? right. he talked about how elections have consequences and whatnot. listen. >> but remember one thing, nothing's more powerful than millions of voices calling for change. let me just make this point, john, because we're not campaigning anymore. the election's over. >> i'm reminded of that every day. >> well, yeah. you don't like a particular policy, or a particular president, then argue for your position. go out there and win an election. >> okay. >> so they did. but the message from president obama yesterday was the voters said the same thing on tuesday that they've been saying in several elections. >> they try to console themselves that there was low turnout.

>> and secretly rooting for his policies. >> yes. the magic pixie dust. >> shouldn't those statements and the reality force compromise now? >> i would -- i wish -- remember in "west wing" where they had the young woman, she was the republican, they kept her in the basement and every once in a while they would bring her up and ask her, do you think this is crazy? and she'd say of course that's not going to work. you should do it this way. i want to be that person for a couple weeks in the obama white house. just say it this way and it will be better, you'll bring more people to you. i think that divided government especially in the last two years he's not running again, you can get really big things done. but it's a choice. decline of america is a choice. he has a choice what kind of president he's going to be. what he could get accomplished. and looks to me like he doesn't intend to do that much. but maybe he'll change his mind by the time he meets on friday. >> dana is making you an offer, president obama. next week, fox news has an

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and more tonight on our top story, the showdown between the president and republicans over immigration reform. at the top of the hour we showed you some of speaker boehner's news conference and his warning that the president may get burned if he uses executive orders to potentially go around congress and allow millions of illegal aliens to stay in america. some of the liberal blogs are already calling that a veiled impeachment threat. when charles krauthammer spoke with our own bill o'reilly last night, he warned republicans don't take that bait. and then said there's another reason president obama might be trying to pick this fight.

listen. >> i think he also is so sort of self-involved and he hates being sidelined, he hates what the democrats did to him over the last year making him irrelevant. and now he's going to sort of get his revenge on everybody by doing a reckless thing, which is to legalize millions of illegal aliens i would say unconstitutionally in a way that he knows is going to create a crisis. but what will it do? it puts him back in the limelight, puts him in the spotlight. it makes him the issue. what are we talking about tonight? we're not talking about one of the most important elections in 20 years, we're talking about him. that's what he wants. >> chris stirewalt is our fox news digital politics editor. chris, good to see you. is it possible this is an attempt to change the subject? >> well, look, i don't think based on what we heard from the president this week and we'll see tomorrow as he has more time

to come to grips with what happened, i don't know that the president is even cognizant of what happened to him. i think he may not be aware of how sucky his life is going to be as president for the next two years as he has to go and deal with people like senator sessions and others to try to get budgets passed, to deal with republicans to try to get nominees passed. i think it has not occurred to him the magnitude of this. and in that space, yes, i assume that it is possible that the president is still going to return to his original break the fever within the republican party approach that he began with. i assume he'll try to end with that. and what that always calls for is to antagonize the far right in the republican party in a desire to break the party. maybe he goes back there, but that just seems so crazy. >> so you're suggesting he's trying to splinter the republican. this isn't a distraction of the loss he may not be fully

cognizant of what happened, but this is an attempt to divide and conquer who he knows don't see eye-to-eye, the party, on the immigration reform issue. >> if there's been one overarching -- it's been to break the republican party. they talk about it explicitly. >> it's not that broken. based on what we saw tuesday night, that strategy may have once been working, but it isn't now. >> but what are all the people who didn't vote saying? megyn, what were the unheard voices saying? that's what the president cares about. his point is essentially that the republicans are unworthy of this process and that they are -- and this is what they said after the 2012 election is these are unworthy opponents. so by baiting them or pushing them. but john boehner was not threatening impeachment. and he's not going to let that happen. >> does he know better? >> yes, of course he knows better. also you need 67 votes in the senate to convict. and the republicans are very far short of that. >> right. >> the answer is this.

there have been two presidents impeached. history, we look back and say did they have to impeach andrew johnson? did they have to impeach bill clinton? the only time you impeach a president or would impeach a president is if you absolutely have to. >> right. >> could the president do something? >> but i want to ask you about what senator sessions was saying. he basically said it's not that the senate budget committee that he's going to head up can do it alone, but the senate can do it in cooperation with the house can take away the funding of those little cards that they would give those to whom the president means to grant some sort of accommodation. now if that's true, if the republicans do that, because that is within their bailiwick, what will happen? he makes it sound like that really will shut down the president's plan. >> well, that is the aforementioned suck kiness that will be the president's next two years. is he will have to go through each time and deal with that. he will have to make concessions. because harry reid was his

greatest enabler and greatest protector. he allowed the president to not have to govern and not have to deal with these kinds of issues. as a result of this, yes, the simplest way i can put it we are getting ready to find out exactly what barack obama, president of the united states, what is his character? is he going to go rage and try to punish republicans and punish people who did not do the right thing? or is he going to check out, go play some golf? is he going to engage some combination of these things? we don't know. but again, i don't think he really understood what happened to him this week. it's going to take time for it to soak. >> chris, good to see you. >> you get. military honors at the white house today. more than 150 years after the battle was won. we'll show you why. plus, dramatic warnings after reports surfaced of a secret letter from president obama to the ayatollah of iran. ed henry and ambassador bolden are next on what's at stake here. >> if you're saying secret

letter, it sounds like you're not being transparent and not being transparent and cutting congress o o o o o o i'd just gotten married. i was right out of school. my family's all military. you don't know what to expect. then suddenly you're there... in another world. i did my job. you do your best. i remember the faces... how everything mattered... so much more. my buddies... my country... everything... and everyone i loved... back home. ♪ [ male announcer ] for all who've served and all who serve, we can never thank them enough. ♪

breaking tonight, late breaking reaction from capitol hill to reports that president obama sent a secret letter to the supreme leader of iran. now, that letter reportedly urges iran's hardlined religious ruler to approve a nuclear deal with the united states as we approach a late-november deadline on that and even suggests that the united states and iran team up to fight isis. fox news chief white house correspondent ed henry is live for us tonight at the white house. ed. >> megyn, the republican backlash tonight over this secret letter basically shows that for all the talk about cooperation ahead of this bipartisan luncheon between

congressional leaders and the president tomorrow, there are still very sharp differences coming out of this election, not just domestic policy but foreign policy as well. the at that news conference yesterday made a promise about increasing outreach to republicans. republican lawmakers like john mccain tonight say they were cut out of the loop on the secret letter to the ayatollah which talked about working together to fight isis, contingent upon iran signing a nuclear deal. john mccain calls this a desperate move because he believes the president, basically, issued inrunaround congress. something white house officials reject. listen. >> the fact that it's a secret communication not only means that congress isn't looped in, but our allies in the region such as saudi arabia and others who view iran as mortal enemies when they're not informed, which they were not, that of course increases this widening gap of mistrust. >> if you're saying a secret letter, it sounds like you're not being transparent and you're

cutting congress out. >> i recognize it may sound that way but the fact of the matter is there are also secret conversations between the administration and congress about what we're doing with iran. i'm not going to detail those secret conversations. >> now, the clock is ticking because secretary of state john kerry is heading back to the mideast on sunday ahead of the november 24th deadline to get a nuclear deal with iran, which you mentioned. senior republican on capitol hill today familiar with all of these issues told fox, let me sanitize this, he basically said this letter bleeps things up, megyn. >> ed, thank you. joining us with reaction, john bolton, future u.s. ambassador to the united nations and fox news contributor. ambassador, thanks for being here. what do you make of this? a secret letter to the ayatollah, a man who says sinous officials cannot be -- they're like animals and the israeli regime is doomed to annihilation. >> par for the course for the obama administration. the negotiation with iran over its nuclear weapons program is a

policy of appeasement. and the president is desperate to get this deal done so it doesn't slip between his fingers. this letter about cooperation and fighting isis is just another piece of it. the policy is doomed to failure. the president doesn't understand it. but i am very worried that this deal on the nuclear program's going to be signed this month. >> i know you're an expert on this but for those who don't follows a closely as you do, explain why the american public should be worried about the president is -- and why don't you sign this deal to slow down your nuclear arsenal? >> well, on the nuclear deal, leaving any uranium enrichment capability in the hands of this regime iran is -- there is no negotiation with a regime like this. the notion of cooperating with

isis sounds superficially appealing, but the fact of the matter is our differences with iran are far greater than any common interest regarding isis. in this middle east which is descending into chaos, iran remains america's principle adversary. while we certainly have to deal with isis, we don't want to do anything that bolsters the regime in tehran or its satellite regime in baghdad. so the president's wrong on both halves of the letter. >> what if any harm are we doing with respect to our allies? apparently we did not tell hence the word secret, israel, saudi arabia or the uae about these -- apparently the fourth of four letters president obama has sent. >> well, i think we are mistreating our arab friends in the region very badly. you know, they don't want iran to get a nuclear weapon any more than israel does. we have more commonality between israel and the sunni arab states and their concern about iran's nuclear weapons program than almost any other issue. the fact the president writes

secret letters, that's what presidents do. that's how you conduct diplomacy. that's what alexander hamilton meant when he talked about the unique advantages of the executive. let's not get hung up on process points. it's the deal with iran over the nuclear weapons program that's bad. it's the idea of cooperating with iran against isis that's the bad idea. >> so i realize you clearly don't like it. do you think it's likely? do you think there's any chance iran agrees? >> well, there are new reports even this evening of further concessions by the administration on the nuclear weapons deal. i think they're desperate for something. i think the president wants his nevel chamber and piece of paper where he can declare peace in our time of the middle east. i think that's the zeal for the deal that's overwhelmed the white house and state department. and i think the odds are right now the deal will be signed and that iran will have an open path to nuclear weapons. >> how exactly does it provide them an open path to nuclear

weapons? the administration says, look, it's going to stop their uranium enrichment program in many ways and say it's the biggest breakthrough we've had with iran in decades. >> right. so did nevel chamber. number one, there's no guarantee that the verification mechanisms are going to work. you think we really know everything about iran's nuclear weapons program, like whether some is being conducted in north korea? i have no faith in our verification capabilities, number one. number two, to the extent iran is allowed any continuing uranium enrichment capability at all, and that's where the administration's concessions are moving, it has in its hands the wrong pole in the tent that any aspiring nuclear weapons state wants. i wouldn't trust that regime with a spare electron let alone thousands and thousands of centrifuges. but that's where the administration has been going for six years of negotiations. it's only a question of how many more concessions iran can squeeze out of the white house

before they sign the deal. >> incredible when you look at, you know, what they've written and a top advisor put on the government website, this is sanctioned by the government, jurs prudential justification to kill all the jews and annihilate israel. so those are the folks with whom we are potentially cooperating. ambassador boltin, thank you for being here. >> glad to be here. next week fox news has an exclusive two-part special on the man who killed osama bin laden. but up next, the man who landed that incredible interview will join us to speak for the first time about the story behind the story. that's next. you pay your auto insurance premium every month on the dot. you're like the poster child for paying on time. and then one day you tap the bumper of a station wagon. no big deal... until your insurance company jacks up your rates. you freak out. what good is having insurance if you get punished for using it?

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developing tonight, fox news has learned that the united states has killed a 24-year-old french bombmaker who was a key member of al qaeda.

he was killed in a u.s. drone air strike in syria last night. that bombmaker converted to islam when he was 14 years old, traveled to egypt to learn arabic and went to pakistan to join in the terror group's fight against the u.s. there he learned to make bombs ask created a way to dip clothes in explosives that would be able to pass through airport security. u.s. officials say he was the only individual targeted in last night's air strikes. score one for us. well, may 2nd, 2011, was one of the high points of the obama presidency. the president got to announce that osama bin laden was dead, shot in a daring raid. the white house leader revealing it was s.e.a.l. team six conducting that mission. the approval ratings on handling of terrorism went through the roof. flash forward about three years, 41% now say they approve of how the president is handling terror.

49% disapprove. a 22-point swing. in the exit polls on tuesday when we asked voters how worried are you that there will be another major terrorist attack in the united states, 71% said they are worried. and now we are learning much more about that mission that took out the world's most wanted man. next week the fox news channel will air an exclusive two-part special on the warrior who killed osama bin laden. the first and only time this navy s.e.a.l. has spoken about the mission on camera. since we started promoting our broadcast people have published a lot about the story. some write, some full of misinformation. but tonight the reporter who scored this exclusive with this american hero is here. fox news correspondent peter ducey joins us now. what an incredible get for you. one of the biggest stories we've seen during the obama presidency.

congratulations to you first and foremost. >> thank you. >> others have tried to jump on you, but i will ask you here on the fox news channel here tonight to reveal to the viewers the name of the navy s.e.a.l. who shot and killed osama bin laden. >> megyn, we spent a lot of time this summer with the man who killed osama bin laden. and for the first time tonight you're going to see a picture on the fox news channel of rob o'neill, there he is. there is a lot of stuff out there today as you said some of it is true and some is not. we are the only ones he sat down with on camera. and the story is so good. it's so compelling that we need two nights to tell everything. and they're still upstairs working on it right now. when you see it on tuesday and wednesday you'll understand why it took so long to put this piece together. we're all very proud of it. >> i have seen clips from this program, and i was in tears. i was unable to move in my chair. it was incredibly gripping. you get to know this man and his

family in a way you feel like you are there. he takes you through it. i have to ask you, how did you get this? peter doocy, three years out of college? how many years out of college are you? >> like five. >> it's fantastic. how did you do it? >> he and i met. we got connected through a third party. and over time we developed a relationship. and this summer something happened that we tell in the special where he decided now is when i want to tell the story. and now is when i want to reveal myself. >> so there's been a lot of misinformation out there about this. is the record set straight in this piece? >> what's really interesting as we have put this project together, there's so much stuff already. there have been movies, "zero dark thirty," books, magazine articles, some versions are different. we asked about that -- >> one guy spoke to "60 minutes" and he gave his account of how he supposedly shot bin laden. and now this guy speaks to you and says he's the one who shot bin laden. do you press him on that?

do you present him with those conflicting accounts? >> we asked rob o'neill why his version of the story is a little different than we heard before and he explains that in the special. >> there have been some s.e.a.l.s. critical -- he spoke anonymously to phil brownstein a couple years ago but never on camera like he's going to do here on the fox news channel. there are some s.e.a.l.s. who criticize that saying you don't talk about the mission, period. do you ask him about that? >> we did. we asked him what his concerns were about a variety of different things, why coming forward for the first time in this -- >> including whether he's afraid. you would think that would be a first instinct, afraid for himself and his family. >> all that is in the special on tuesday and wednesday. >> so it's tuesday and wednesday right after "the kelly file," 10:00 p.m. eastern time. >> and it really is from the first minute you saw some of it from the first minute of night one to last minute of night two it is the most compelling account that any of us have seen

or heard of this amazing story. >> congratulations on a job well done and great reporting, peter. >> thank you. >> very proud of you. >> thank you. >> want to tell you peter will be back with us on tuesday night. that night we'll have some clips. we'll give you a preview. and set your dvrs now because you're going to want to sit down and watch this. if you're anything like me, you will not move from your chair. anyway, moving on. up next, more than 150 years later a special honor for the man who helped turn the tide of the civil war. see why it took so long next. [ female announcer ] we help make secure financial tomorrows a reality for over 19 million people. [ alex ] transamerica helped provide a lifetime of retirement income. so i can focus on what matters most.

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freed after 214 days in a mexican jail. tonight, sergeant andrew

tahmooresi speaking out for the first time. he says he made an innocent mistake crossing into mexico in his truck. he was in a mexican jail from late march until last friday. in an exclusive interview with greta van sustren, he explains what it was like inside that jail. >> maybe, i think, i've learned some lessons. i've learned some lessons. some life lessons. and, you know, being in prison was a time of self-reflection. it just helps me to notice a lot of things. and a lot of my faults. so now i want to work on working to fix them. >> good for him. >> tahmooresi was reunited with his family last weekend. if you missed the interview, you can catch the entire thing on gretawire.com. more than 150 years after the battle of gettysburg, a first lieutenant and hero from that war finally gets awarded a

medal of honor. trace gallagher with more from the west coast bureau. >> normally the medal of honor award awarded post hue mosly. union soldiers trying to defend cemetery ridge against what's now known as pickett's charge. an all-out assault by 13,000 rebel soldiers led by general george pickett. 22-year-old alonso cushing commanded 110 men and six cannons. only one of the cannons worked and he manned it pushing it closer to the front line firing over and over. he was wounded in the stomach and shoulder but kept firing telling his men to do the same. cushing was later hit a final time and died on the battlefield but helped halt the confederate advance which is credited with turning the tide of the civil war and ending slavery. here's president obama.

>> i'm mindful that i might not be standing here today as president had it not been for the ultimate sacrifices of those greatest americans. today we honor just one of those men, lieutenant alonso cushing who gave their last full measure of devotion. his story is part of our larger american story, one that continues today. >> the story of cushing might have been forgotten if not for a wisconsin historian who lives on the family farm. she fought for 25 years to make sure an american soldier got the recognition he deserves. the highest award for battlefield bravery 151 years later. megyn. >> wow. trace, thanks. we'll be right back. but coming up on "hannity". >> we do have the power to stop him. we have the power described by james madison in federalist 58, to withhold funds from the president. if you're suffering from constipation or irregularity, powders may take days to work.

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well, our interview with senator jeff sessions is already getting a lot of pickup online, a lot of buzz on twitter and facebook. if you missed it, we are going to post it in a moment to facebook.com/thekellyfile. we'll send it out via twitter, send out a link as well. follow me on twitter and let me know what you think. is president obama trying to bait the republicans into impeaching him with this executive action? and what do you think of senator sessions plan to withhold funds from the president? to not go as far as impeachment? he said no to that tonight. let me know. thanks for watching, everybody. i'm megyn kelly and live from america's news head quarters i'm lauren green. >> they predict the loel outbreak could end next year. they are optimistic because of

the extraordinary global response to the disease, but there's still a long way to go. he warns the fight to contain the disease is not even a quarter done. check your e-mail accounts. home depot says hackers stole 53 million e-mail addresses. in september the chain store acknowledged a breach. they say they're now working to make u.s. checkout terminals more secure. six people are safe in florida thanks to a good samaritan. everyone on board made it to safety without injury. i'm lauren green. "hannity" starts now. welcome to "hannity." there's breaking news out of washington. reports that a secret letter was exchanged between president obama and the supreme leader in the rogue regime in ira