bullpen. i am bill o'reilly. please always remember that the spin stops right here because we are definitely looking. ñ out f you.áaaa@e breaking tonight, explosive one of the architects of obamacare suggesting that the intentionally misled the public because according to this top white house advisor, if the american public really knew what this law did, they never would have supported it. welcome to "the kelly file," everyone. obamacare's passage into law.qss he helped design it, write it and ultimately sell it.4)oz and just today new video came to u year ago in a moment ofg#iñ l honesty describing an cf1 o

true nature of the obamacare law xñ americans f the obamacare law were too stupid to accept it any listen. >> this bill was written in a be÷. okay. so it's written to do that. in terms of subsidy, a law that said health hi people areó(8r g to play it, made health'@jfñ pe pay in sick people get money, it people lack of transparency isça huge political advantage. and basically call it the stupidity of the american voter, whatever, but basically that was the thing3 to pass. and it's the second best argument. i wish]úúvvái was right to maket all transparent, but i would t" rather have this law. i would ratherímtñ have this la than not. >> marc thiessen, fellow at the

american enterprise institute. and there you havec#mx it. you and i have beenk2fnñ talkin and piece by piece deceptions misstatements to be charitable like if you like your plan you can keep your plan. and now you have one of the critical architects of the ñ that they had;% deceive people because they were too stupid to like what mr. gruber thinks they should have liked. they always lie to us for our own good because we're too stupid to understand. look, barack obama went out in mandate is absolutely not a taxz increase. there was one point where he did an interview with george stephanopoulos and stephanopoulos read him the! @2 definition of attacks, and he rejected it.vñçg)1y we now know from jonathan gruber

that they knew from the very beginning it was a tax. think about what they1k1said. he said we knew it was a tax. we knew that if the american people knew it was a tax the bill would die. so we took advantage of the stupidity of the american people american people but to lie to t congressional budget office to get them to score it as not being a tax. and he's proud of it. he thinks this is something --7 en1j- his face. he thinks he's a genius. >> he doesn't care that anybody dislikes the law. all that matters to mr. gruber and he wasxzqlx going to cram in the throats of the american people whethernla÷ they liked i not even if63ç it required dishonesty. and i want to tell the audience mr.õ+wb6qc÷gruber's been on t program before. we?-g invited him to come back tonight to defend himself. you want to say that at your m.i.t. forum, great, go for it. ññ saysrv that hereçó'. on "the wi treated fairly, but you will be challenged on that assertion. and what he said to usnúp]e ton

>> i'm not -túmsurprised. i mean, look, if you want to know how!hmp÷ condescending thi is, he actually wrote a comic book to explain obamacare because of course we're not smart enough to read chapter books so he has to give us a comic book. in thatu(÷ comic book he said, this is a quote, the mandate, the individual mandate is theiç spinach we have to eat in order liberal view of america thas; we are all too hk us. that we need experts like jonathan gruber to feed us our spinach. if they have to hide the spinach from us, if they have to lie to us about it,>6yu they hide it our food, that's okay as long as they get the outcome;ñ they wan >> that's clear when you listen to what he said when he talks about if you had a law which said healthy people are going to )rè- made explicit -- do we have it? let's listen. >> written in a tortured way to aandate as taxes, the bill

die. it's written to do that. inu@ç terms of get aanlñ law whs healthy people are going to pay in, made explicit that healthy people pay in sick people get people's lack of transparency's a huge political advantage. the stupidity of the american voter or whatever, but basically that was really, reallyyfñ critl to get thinndóh to pass. and, you 1íhoknow, it's the sec best argument.yñ look, i wish mark was right to make it all transparent, but i would rather have this law than not. it's kind of like his reporter story. again. but what i was trying to focus us on was the piece where he talked about if you had a law which said healthy people are goipg to pay in and you made explicit that healthy people would pay in and sick people would get the money, it would not havexó/ñpassed. why don't -- why not.&u÷ just b honest? tell the american people that's what we're doing. let them decide. you knowl#4k what they bd ÷sai? 8 case went all the way upr"ác%

the u.s.ef supreme court where$ michael 1ñ70qp)vin made an argu ttj that this was a committed especially on young people who are going to be they would never need or usesrp pay for the sick. said not true. camera co. >>/pud÷ what he's basically says zpcqáhical to deceive the a=sr- people into supporting somethinp that they would otherwise oppose and5>'♪ñ they are too stupid to either to+uv support what they think what we know is best for deception, too bad for them. that's the attitude this &r(t&háhp &hc% policy. megyn, it's not just obamacare. z attitude that gave us you can keep your plan, this talking points.

ráuáq i in cart hay na. they just lie and lie and lie."o and the polls show that the american people recognize this. fox news poll a few months ago, 81% of americans say that barack obama lies at least from time to time on important matters. i mean, think about what that says. that 81% of the american people think the president lies to them about important matters. and here we have just one more piece of evidence showing that that is true. and they're proud of it. >> but this is in the courtroom this is the kind of evidence you refer to as a smoking gun. iz-v6 mean, this is one of the f architects on camera admitting that they lied. you never get that. what you get is things like, oh, we changed the talking points z#÷ from consulate to diplomatic facility. you're too stupid to know what's and then of course the night he gets invited on the very program he said some of those things defend, you know, the earlier r÷ misrepresentations, to defend them, i'm not interested.

you know what, we're no longer interested in you, mr. gruber. just got.amb fired by&9f the american people bóoase eventually they realized they had been lied to. the u.s. supreme court said, you know what, we'reqe+ onto you. it is a tax. they didn't care because it wound up being a legal victory but one by one the c1 misrepresentations have come their say. marc, i'll -=ç you the last >> you're exactly right. it's one thing for us to point it out on television. it's one thing for "the washington post" fact checker to say obama committed the lie of the year. it'i501 entirely another thing the architect of the individual barack obama to support the individual mandate to admit they lied that they think the american people are stupid and that theyi7r)jju what's best fo us. what they want done, they're willing to do it. self-indictment that this

>> great to :% you, marc. >> thanks, megyn. we're taking your thoughts on it. go to i0):÷faceboíqsq)q&lyfile and let us know what you think. just days after the democratg)a$uz handed a devastating defeat in the u.s. senate, you won't believe this. president obama has anólq wrong. and you know what he thinks? he needed to sell it better to the american people. better to you why you should love his policies. sound familiar? governor huckabee is here to deconstruct that next. plus, president obama's6ñ new nominee for attorney general finds herself at the center of interesting ideas on why. and theóññ democrats went after and now mr. limbaugh is firing back. just ahead.

man when i got shingles it was something awful. it was like being blindsided by some linebacker. you don't see it coming. boom! it was this painful rash of little blisters.

red, ugly stuff. lots of 'em. not a good deal. if you've had chicken pox, uh-huh, we all remember chicken pox. well that shingles virus is already inside of you. it ain't pretty when it comes out. now i'm not telling you this so that you'll feel sorry for me. i'm just here to tell you that one out of three people are gonna end up getting shingles. i was one of 'em. take it from a guy who's had his fair share of pain. you don't want to be tackled by shingles. so please go talk to your doctor or pharmacist. talk to your doctor or pharmacist about your risk.

developing tonight, almost  qlñq&ections a new take on&bxc]!q went so wa spe5ipoñ on :sthe nation" this weekend the-5.%uju)qq't problem. listen. kx.ú[3$s thatp sayáúbqm !y1ñ camx&n-r'gxi]o an governance are 718b two differe things. hájp'ybody who's seen me on the

campaigngd+ trail cansz tellszv i loveazru5eñ beim:h with the íñ thens what shouldyc1y 'ñmatter. x arkansas governor mike huckabee host of ub"k"huckabee" right, n governor, good to seetryou.jb are on the (vmy policies

schieffer asked him, what do you need to do differently? enough just to build a better mouse trap, we've got to sell it. other side and whereóbmzt possi persuade. and i think there are times where we have not been successful going out th4?n>sñ we're trying to do and why this is the right decision. so there's a failure of politics that we've gottugq to improve . i mean, he does tuesday's election as any sort of a messagec&@r to him on theñ there's a g@pf old story about a guy that invested acf lot of money in a dog food company, spent a lot of money marketing it, getting the dog food formula just right. never could sell a box of the stuff.

and he one day went to his sales force and said, wúpguys, i don understand. and finally one of the guys popped up and said, sir, because the dogs won't eat the stuff. well, megyn, that's what we're úpobama's policies. t have reject. it's cost them a lot of money. it's put pewpxh where they're working fewer than 29 hours a week. they're watching their companies cut their benefits. their paychecks are going down. and people highly invested in the stock market, they're doing teb(4c-9 but working people are taking it figure that out. >> what does this mean though because there's now -- doesn't seem like there's going to be some move to the center+++÷avssz

he'll veto it. he'll act like it's just horrible. but the people can see it. and the republicans don't need to get in a fight with the president. they just need to keep putting that legislation in front of him and in front of the american people. and when he rejects it, they need to go to the american people and say, look, here was our plan to cut the taxes. here was our plan to get you back to work. here was our plan to get truly affordable health insurance and this president vetoed it. and give us a president in 2016 that will work for you and not just for his own special interest or whatever it is he's working for. >> governor, great to see you. >> thanks, megyn. well, just weeks ago congressional democrats went after rush limbaugh with some ugly accusations in the run-up to the midterms. now we show you how rush is fighting back. plus, a major showdown shaping up over the woman nominated to be the next u.s. attorney general. and what she thinks about everything from the president's

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everyone who uses the internet has a stake in the new push by the administration. president obama today suggesting internet service providers should be regulated to make sure they give equal access to everyone. >> ever since the internet was created it's been organized around basic principles of openness, fairness and freedom.

there are no gate keepers deciding which sites you get to access. there are no toll roads on the information superhighway. >> that set off intense protests from companies like netflix and youtube and some republican lawmakers who argue this would put the government in charge of deciding who can get what, when and how fast. senators said cruz tweeting net neutrality obamacare for the internet. the internet should not operate at the speed of government. the federal communication commission is considering the new rules. we'll update you. rush limbaugh has hired a lawyer and threatening a lawsuit against the democratic national campaign committee. he claims they made defamatory statements about him in the leadup to the midterm elections. trace gallagher has more. trace. >> rush limbaugh was talking about ohio state university's new policy requiring students to get verbal consent before having sex. his comments lasted some two and a half minutes, but the dccc

focused on this comment. listen. >> how many of you guys, your own experience with women, have learned that no means yes if you know how to spot it? >> that line became an e-mail campaign accusing limbaugh of advocating the tolerance of rape. the group also circulated a petition to get limbaugh taken off the air and for his sponsors to pull their advertising. limbaugh and his attorneys claim the comment was taken out of context because they left out the part where he emphatically condemned the notion that no means yes. listen now to the rest of what he said. >> let me tell you something, in this modern world that is simply -- that's not tolerated. people aren't even going to try to understand that one. it used to be it was a cliche. used to be part of the advice young boys were given. see that's what we got to change. we have got to reprogram the way

we raise men. >> limbaugh is now threatening to sue the dccc unless they make an immediate retraction and issue a public apology. but the democratic national campaign committee doesn't appear to be flinching telling us, quoting here, while rush limbaugh is an expert in outrageous, inaccurate and defamatory speech, this attack on the dccc is as outlandish as his original statement about women. limbaugh's people say they're not surprised because the dccc has been lying to raise money for years. megyn. >> all right, trace. thank you. still ahead, a dramatic new expose on the obama insider so powerful that even former staffers don't like talking about her. or to her. they don't like me talking, but they can't say don't mention valerie jarrett. i did it. valerie jarrett and the president just ahead.

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developing tonight, president obama's nominee to become the next attorney general finding herself in the middle of a potential new showdown between the president and republicans. on saturday the president nominated federal prosecutor loretta lynch to replace retiring attorney general eric holder. 24 hours later the president repeated his threat that if congress does not send an immigration bill to him that he likes, he will change our immigration rules on his own. and this will all be front and center when mrs. lynch goes in front of congress. joining us judge napolitano and senator lee. when she goes before this committee, i understand some of you have already written a letter saying first of all she

should not be confirmed in the lame duck session, meaning over the next two months, while the democrats still control the senate. why? they don't lose their power just because they're lame ducks. why shouldn't they put her before that body? >> they don't lose their power until january in the sense that the new congress isn't sworn in until january. but megyn, you have to remember the voters just voted. the voters voted for a very different type of leadership than we have in place right now. and we need to respect that decision. it's important to point out it's been over 100 years since we've confirmed an attorney general during a lame duck session. i think we owe it to the voters to respect the decision in november. >> it's been equally long if not longer since we've elevated somebody from u.s. attorney. she's skipping several steps. but this would be the first black woman we've ever had as attorney general. president obama only has two more years to serve out his term. and obviously this post will change after. shouldn't he have who he wants unless she's extremely

confidential, which it doesn't seem like this particular candidate is, am i wrong? >> the president's certainly entitled to choose whomever he wants to fill that spot, but we have discretion to decide whether or not to confirm that person. now, one of the important things to remember here, megyn, is we're not say she's not going to be confirmed. what we are saying is she needs to be confirmed in the right way and right time. and we want to find out where she stands on this critical legal issue of whether or not she will defend the president of the united states in believing that he may extend amnesty to illegal immigrants in violation of the law. we don't think the president constitutionally or statutorily have that power. if she believes he does have that power, we'd like to know where she gets that theory. >> can you do that? can you ask her for her specific opinions on issues right now being debated in the country? >> we can ask. doesn't mean she'll answer. but we can ask. i think we have an affirmative obligation to ask questions like this. especially when the president's come out with this theory but

has yet to explain it. i would like to know how she would approach this theory. how she thinks in the abstract the president of the united states has the authority to rewrite the immigration naturalization code contrary to law. and i don't es. nothing in the constitution gives him that power. and there's nothing in statute that gives him that power. >> she's going to dodge that because she doesn't have to answer that. she's going to dodge and say i'm not going to opine until i see everything in front of me. one thing she is on record herself about being an advocate for -- or against i should say, is voting id laws. she doesn't like them. she's the child of two parents who grew up sort of in the civil rights era during the '60s in the south. and she has said this on camera, we have the sound bite. listen. >> we stand in this country as a common when we see people trying to take back so much of what --

we see in this country people trying to take -- and reverse the goals that remain in voting in this country. >> is that an issue for you? >> well, i'm not really sure what she's referring to there. i can't imagine she thinks requiring someone to produce a photo id when they vote, which is the same thing they have to produce when they fly on an airplane, the same thing they have to produce when they go to the doctor these days, that is somehow tant amount to reversing the wonderful gains of the civil rights era. i can't imagine that's what she's saying. i don't hear her saying that. i don't see any basis in law or fact for her say thag if that's in fact what she's saying. >> well, we will wait to see how the confirmation hearing goes whether it happens in the next few months or once the gop takes control of the senate. senator lee, thanks for being here. >> thank you. joining us with more, judge andrew napolitano. so they can ask all they want, she doesn't have to answer these questions, does she?

>> he's right. she doesn't have to answer, but they would be making good points. can the president refuse to enforce laws he disagrees with? will you be the enabler of the president's behavior as eric holder was? can the president change the immigration laws? can the president kill people without due process? can the president spy on people using general warrants? will you issue subpoenas to the home phone records of reporters of the associated press and fox news like your predecessor did? she may choose not to answer that. >> that's not hard. >> well, that's the record she . >> well, that would be extraordinary because supposedly eric holdert4x pushed fo_her.np hers. he put her on this commission erson. she doesn't have any direct ties ;o cf1 o >> but you and iahn!ñçsyky y:6 lawyers in new york city. q has a superb reputation as an independentqdh thinker. i don't think she will be thej#

enabler for barack obama that eric holder was. se i think senator%iee wants to hear her say that. the reason senator lee wants is vg[2v he democratic chairman4-)q cf judiciaryzú÷y committee will ll,ñ et him askdkç[ questions heo%ñ wantslpml to as. he'llayo2rp+e 7that. there's no question -- >> they need time to get their x research together. >> :lrright. confirmed. and she should be confirmed. needs to5 know, is

conservative republicans are and quite frahk it's a e't[o surprise. >> and if they'radoi goinga up loretta lynch who's been t)yóijz&q9 democratsqñ andnij 0j,g.: terrorists in jail, who has been 3ñ spent her ñprd.ç white collaìgy crime doinguc5z corporate litigation,cbf÷ thing that republicansd[ are usually l right with in terms of their nominees, and then they'reyñf! g president !&&]+++s&r%pa what's that going to look like for them? >> that's whpresident obama, go away with it, i'll have your back. >> that's interesting. that will be an interesting position for her to be in. i don't envy her.

that's a tough one. judge napolitano, good to see you. >> pleasure, megyn. just out, an expose on the insider described as the real power behind his presidency and why valerie jarrett is the one person in this white house that no one wants to speak about, at least not publicly. but we're going to do it next. so ally bank really has no hidden fees on savings accounts? that's right. it's just that i'm worried about you know "hidden things..." ok, why's that?

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file" with megyn kelly. a dramatic new expose about a senior adviser to president obama is getting a lot of attention tonight. the new republic publishing a piece on valerie jarrett calling her the obama whisperer and no one's understood her real role until now. liberal magazine quoting former communications director anita dunn saying "her role since she has been at the white house is one of the broadest and most expansive roles that i think has ever existed in the west wing." and wait until you hear just how expansive that role has become. bret stevens is a pulitzer prize winning foreign affairs columnist, is she our shadow president? >> valerie jarrett was kind of the ultimate political fixer from chicago. she met the obamas when they were still -- before they were even married in 1991. and she's risen right with them.

to me the most interesting part of that new republic story that you mentioned, megyn, comes at the beginning when the reporter's trying to talk to a white house source and he's so afraid of her that he won't even speak off the record. after he left the administration. and the thought that this is a person who instills this kind of fear even among ex-staffers is a worrisome idea. it conveys the sense that this is not so much an administration, megyn, as it is a court and she is one of the princelings in that court. >> but what does she do? what is it that makes her so valuable to him? what role is she playing that's extraordinary? >> well, by most accounts she's the last person who talks to him at night. >> the last? >> well, maybe second to last. >> wait a minute. that is news. >> the second to last person who talks to him at night. the closest friend to michelle obama as well as the president. the person who walks out the door with the president after he's had meetings. she sits in on meetings with

foreign leaders, which means that there's some american foreign policy expert who's not at the table. >> and she says -- or they say she sits in on any meeting she wants to. >> that's right. and it doesn't matter whether the issue is foreign or domestic, whether it's outreach to business, to the hispanic community, gay community, black community, she is present at every single table. which means she's either the world's greatest expert on all subjects, or she's a hack who is doing obama's bidding in perhaps a few too many places and explains the confidence problem -- >> you were going to say something and i interrupted you. you said if she takes the seat at the foreign policy table -- >> say the president has a bilateral with the president of russia or prime minister of great britain. typically what you have is six people come on one side, six people come on the other. the president might be with his secretary of state, national security adviser, couple other

people. if one of those people is valerie jarrett, that's a deputy secretary of defense who's not going to be at the table because she's there. she's substituting for the experts. and again, this comes down to we clearly have a profoundly dysfunctional white house, a white house that's not communicating with congress, not communicating with the public. you even heard the president come close to saying something like that. valerie jarrett at her best should be a connector to various communities. she's a disconnecter. >> well, she is, according to the article. she's a connector to hollywood celebrities. they say she's been a connector to wall street. you work for "the wall street journal," she's been okay with the wall street fat cat folks. >> in fact, one of her first jobs in the white house was to be a liaison to the community. partly poisoned for policy

reasons but surely also because she hasn't been a quality adviser. >> doesn't he need someone like that who's got his back he can trust above all else. they say she's not above keeping a blank list -- i've already sworn once on the program. i don't know why i'm bothering. they say she has a least constructive list. >> i don't think having an enemies list, the blank list, that's something out of the nixon administration. and you saw how that turned out. look, the important point is this, the person who a president should be able to rely on no matter what is his wife or his children. >> she's also in that group. >> no, that shouldn't be the case. in an administration no one should not be expendable. you know, president george h.w. bush was very close to his chief of staff john sununu. the second president got close to donald rumsfeld and that's why he made a change. if the president is going to

make a change to salvage the last two years of his administration, it should start with valerie jarrett. i doubt he'll do it, but that's where it should be first. >> the takeaway from "the washington post," top seven post racial race woman and that she is never ever going to be fired, ever. ever. going to be fired. and the first rule of valerie jarrett is don't talk about valerie jarrett. i made that one up. good to see you, bret. >> good to see you, megyn. >> well, as my daughter says when i catch her doing something, well, i did it. up next, our interview with former defense secretary robert gates on the president's new plan to send more u.s. troops to iraq and where the united states now stands in the world. >> what we're seeing is that when the united states steps back and speaks softly, nobody listens. ♪

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just days after a disastrous midterm election for democrats, the president is off on an overseas trip with his first stop in china meeting with china's president at an elaborate welcome banquet in perhaps you heard o'reilly and brit talking about the garb. but even before the president arrived an influential chinese paper was calling him a lame duck pointing to what it called america's reduced clout in the world. former secretary of state condoleezza rice spoke about the price that comes with an america that's less engaged. >> what we're seeing is when the united states steps back and speaks softly, nobody listens. americans also don't like the world they get when the united states is not deeply engaged and deeply involved, a world of

beheadings, a world of lone wolves walking into the canadian parliament, a world of vladimir putin annexing his neighbors. so i think the american people are ready, i think the world is ready for a stronger american leadership. >> earlier tonight i spoke with former secretary of defense robert gates about that comment as well as starbucks ceo howard schultz. now, they're partnering on something. mr. schultz is the author of "for love of country, what our veterans can teach us about citizenship, heroism and sacrifice." watch. let me speak with you, mr. secretary, first and ask you about condoleezza rice's assertion that when we don't have american leadership, when we speak softly, "nobody listens and the world doesn't like what it gets." your thoughts on that. >> well, withdrawing from two wars neither of which ended in a clear cut victory was always going to be tricky business to avoid giving the impression that we weren't withdrawing more broadly. and the more the president talks

about focusing on nation building at home and oncoming home and the more he and the congress continue to cut the defense budget, unfortunately it does send the signal that the u.s. is pulling back. so i think it is a concern. >> what do you make of the doubling of troops? >> i think the numbers a reflection of the challenge we face. and the challenge in retraining some of the iraqi forces to make them effective. i think it is important to underscore, i think, most americans agree with the president. we don't want to re-fight the iraq war. i think describing a goal of destroying isis may be ambitious. we've been trying to destroy al qaeda for 13 years and have not managed that. but i think we significantly can degrade them, push them out of iraq. >> let me bring in howard. now how is it that the ceo of a coffee company writes a book like this and winds up making

this one of his big life causes. because you've done much more than just this book. >> well, about three and a half years ago i was invited to west point. i had never been there before. to speak about leadership. i'd spent the entire day there. and after spending so much time with the young cadets, i really thought i learned many lessons about leadership from them. now, secretary gates is also on the starbucks board. and his friendship and mentorship sensitized m to something that i was unaware of. 2.5 million extraordinary young men and women have served for almost 15 years now in an all-volunteer service. a million veterans are now entering civilian life. so there's a few things i'm trying to accomplish. we must have a much deeper level of respect for veterans. but most specifically with a million veterans who have extraordinary skills and experience to add value to our society and businesses i am encouraging and really trying to convince or persuade ceos and small business owners across the

country to hire a veteran. >> that's the key. it's one thing to say you respect your veteran to give up your airplane seat to the veteran, what have you. but it's a different thing entirely to give a returning veteran a job. >> not at all. because this is not charity or pity. this is good business. what we need is for the owners to recognize the extraordinary level of leadership skills, integrity, ethics and all the things that would be very valuable to a business whose primary goal is to make money. so what we're trying to do is really link up the skill base of the veteran with the requirement of the company and ensure the fact they get a good shot at a good job. the stigma on veterans of pts and brain trauma is certainly something the media has elevated. not all veterans have pts or have brain trauma. and those that do, many of them are available to work and contribute positively to the company. >> absolutely. i want to ask you because the new head of the v.a., robert mcdonald, spoke out over the

weekend about how the v.a. is going to change. i mean obviously this is a group -- this is the hospital that's meant to take care of these veterans including those who have post-traumatic stress or post-traumatic stress disorder and so on. obviously the v.a.'s been a mess to put it charitably. he came out and said, look, we have moved out the bad apples, you know, the folks we had to put on administrative leave. he was asked about sharon helman at the phoenix v.a., this woman is still getting a paycheck. we're still paying her salary while the administrative process pays out. let me start on this, mr. secretary, do you believe the v.a. has failed our veterans? and do you have confidence with people like sharon still getting their paychecks things really are turning around? >> i believe that the new secretary is determined to fix things. one of the challenges he faces is due to federal laws and administrative procedures. it's very difficult in a place

like v.a. to be able to fire people even those with demonstrated incompetence. >> i mean willful negligence. it's not just incompetence. it's misrepresentations, affirmative ones that arguably led to or started a course of conduct that led to deaths. >> i agree with all of that. i mean, i was fortunate at the department of defense in that i was able to fire political appointees when appropriate even some senior military officers over walter reed scandal and various others. but it seems to me that secretary mcdonald has even less flexibility to fire people than i had when i was secretary of defense. so the congress needs to help him here in being able to clean this mess up. >> thank you for all you've done for our country and your service to our veterans in particular to you mr. defense secretary. all the best to you. >> thank you. >> thank you. >> thank you. >> well, if you want to see more of my interview, go to

facebook.com/thekellyfile. plus, up next, a sneak peek of the can't-miss two-night event you will only see right here on fox news. the man who killed osama bin laden. coming up tonight on "hannity". >> rush's comments were deliberately taken out of context for apparently political reasons by people who should know better. [ hoof beats ] i wish... please, please, please, please, please. [ male announcer ] the wish we wish above all...is health. so we quit selling cigarettes in our cvs pharmacies. expanded minuteclinic, for walk-in medical care. and created programs that encourage people to take their medications regularly. introducing cvs health. a new purpose. a new promise... to help all those wishes come true. cvs health. because health is everything. cvs health. celebrate what's new, with the bigger, better menu at red lobster! try our newest wood-grilled combination! maine lobster, extra jumbo shrimp, and salmon!

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for the first time on television, the man who took out the world's most wanted terrorist speaks out about the night he shot osama bin laden. it is all part of a two-part special airing right here on the fox news channel. and here's a sneak peek. >> the more we trained on it, the more we realid this is going to be a one-way mission. we're going to go and not come back. we're going to die when the house blows up, we're going to die when he blows up, we're going to spend the rest of our lives in pakistani prison. >> it airs tomorrow night 10:00 p.m. eastern right after "the kelly file" and join us tomorrow night at 9:00 p.m. eastern as we give you an exclusive preview. in the meantime our segment in the new video of the obama care architect jonathan gruber saying americans are too stupid to accept the law. something else happened on the

program is also getting a lot of attention on twitter. i'm including this tweet from some nice man named shawn who said, megyn, you're a delight to watch and gave a stoic performance after your slipup with governor huckabee's name. i thought it was stoic too. heart of a 12-year-old boy. welcome to "hannity." this is a fox news alert. tonight, the immigration battle between the president and republicans is growing more contentious by the day. president obama vowing yet again over the weekend to take executive action before the year's end despite serious warnings from republican leaders in congress. now, fox's own ed henry he's traveling with the president. he's in beijing, china. and he joins us now with the very latest on this battle. ed. >> reporter: well, sean, after that midterm drumming it's no surprising the president is on an eight-day stop here in china then wrapping up in australia next weekend. bottom line, the president was hoping for a warmer welcome, he didn't necessarily get it at the first stop here