name and town if you wish to opine. word of the day, do not be saturnine when writing to "the factor." thanks for watching. ms. megyn is next. i'm bill o'reilly. please remember the spin stops here. we're definitely looking out for you. breaking tonight, president obama promised to take action on immigration without congress. and tonight exclusive details here at fox news on his plan to deliver as early as next week. welcome to "the kelly file" everyone. i'm megyn kelly. just a short time ago fox news washington bureau obtaining brand new documents from a government agency detailing the plan for executive action. this is the first look we are getting at what the president has in mind, reportedly. in this draft proposal up to 4.5 million illegal immigrants with u.s. born children may be permitted to stay in america. an idea that is sure to ignite a furious response in some corners. alabama senator jeff sessions is

a republican, he is the ranking member of the budget committee, a member of the senate judiciary committee. and he recently sent a blistering letter to majority leader harry reid urging him to block executive action from the president that amounts to "amnesty." senator, good of you to be here with us tonight on this breaking news. so the ten-part plan according to our washington bureau will suspend deportations for millions. in fact, over 4 million illegal immigrants, which by our count puts it as perhaps the most sweeping executive action on immigration ever. your thoughts. >> no doubt. and fox has really found the proof that we've been fearing and that we have expected to happen. let's be clear, immigration officers have told us that this goes through it will be almost impossible to enforce a law in the future. expert economists have told us if we bring in more and more people lawfully into our

country, giving them the right to take jobs and every one of these individuals going to be given a photo id, a social security number and the right to take a job in america, jobs too few exist and too many americans are looking for. it's the wrong policy and will incentivize more illegality in the future. >> let's talk about what it's reportedly going to do. first of all it's going to expand. he already issued deferred action basically meaning deferred prosecution. i'm not going to pursue prosecution to young people in the united states brought by their parents illegally through no fault of their own. they were under 31. all this stuff he said. those are the folks i'm not going to bother. this new plan reportedly expands that considerably including another 300,000 or so illegal immigrants into that group. then it also says the parents apparently of these kids are going to be able to stay as well. these are not kids anymore. in many cases they're now grown.

why is that controversial in particular? the white house is going to turn around and say we keep families together, let's be realistic, they're not going to leave so let's deal with reality. >> first and foremost, there's no way to prove who are parents and who have been here for how long. they may have just come in the country last week. maybe they're coming into the country because they have children in america and they come across the border to be with them and claim they've been here for a longer period of time. if nobody's going to do investigations on this, nobody's going to check it. we're going to be adding 5 million older adults to our population. they'll be entitled to all kinds of rights and privileges -- >> you're not talking about making them citizens. >> no, but they'll be entitled to all kinds of rights and citizens. and as they get older and become ill, united states government is not going to turn their health care away. they're going to be treated and taken care of. there's no evidence that they have job skills or education or training like a good sound

immigration policy would do. >> let's talk about this -- sure, go ahead. >> the president has no authority to do ththis. it's against the law. >> all right. let's talk about that. the center for american progress is already coming out saying, look, deferred action, basically, just declining to prosecute these folks, has been used by 11 presidents 39 times in the last 60 years. they see nothing remarkable about the president doing it again. >> megyn, it's wrong to own -- a mass basis. this goes much further. this says you're going to be given as the other individuals have previously an id card, a social security number and the card says work permits on it. so this is a action unilaterally by one person, the president of the united states, to legalize millions that congress has

explicitly refused to do. and on the current law they are illegally here and unable to work. >> the last time you were here you said -- of course the republicans are about to take over control of the senate and you will run the budget committee, which is a powerful committee. and you said we can stop the funding of this because we're not going to issue the funding of these cards. we're going to tie the president's hands financially. and yet some including andy mccarthy and others at national review have said that may or may not work. i mean, he's got his own money that he can use already siphoned off for other purposes. so that may not stop this. >> well, it may not be a total solution to it, but it is a big, strong step. and it would make this almost impossible to accomplish and also would represent -- reflect the will of the american people. it was reported by one good recognized pollster that 80% of the people voting in this past election in exit polling said

they opposed executive amnesty. congress has opposed it. the american people have opposed it. and the president persists unilaterally to do it anyway. and congress can stop it and must stop it in my opinion. really a threat to the constitutional order. >> quickly before i let you go, any chance you would seek to defund things like the department of justice? you know, other departments that might participate in this plan? that's the big -- >> we really want to fund the departments. what we don't want to fund is only one thing. we don't want to fund the ability to present id cards and checks on these individuals and give them legal status. that we can do entirely fund the federal government. >> senator, great to see you. thank you, sir. >> thank you. >> kirsten powers is also here, fox political analyst and usa today columnist. your thoughts on this. his point in particular that it's lawless. >> well, that's not agreed upon.

you said the center for american progress there was also a letter sent to the president from 100 legal scholars about the deferred action program originally, which is previously controversial saying that it's completely legal -- >> about 1.8 million children who were affected this is much bigger. >> right. they were arguing that dhs, department of homeland security, has prosecutorial discretion. >> which it does. it absolutely does. i think the viewers need to know that the president has prosecutorial discretion when it comes to illegal immigrants. but the law says it stops at a point. i mean, he can't just say all 11 million can stay. so at some point -- the question is where does it cross over from with indiscretion and abuse on powers. >> i think there's disagreement on that. i think there are some lawyers that say this is a violation of the constitution, violation of his powers and others say this falls within his -- his responsibilities. i think wait and see what he

actually does. i don't think that this is amnesty as the senator was saying. >> not citizenship. >> exactly. amnesty is what ronald reagan did. he just basically said you're all citizens. >> he had the cooperation of congress on that. >> yeah. >> and it was like 3 million. it wasn't 4.5. >> and it's far removed from what president obama's talking about. it's far removed from what's ever been talked about on capitol hill. any bill that's been up in the last three or four years -- >> is it legislation by fiat? is it the president basically saying i couldn't get this done, i couldn't get it past through the republican house so i'm just doing it. >> yeah. >> and if so, does he get to do that? >> if it's legal and if it's constitutional, which like i said there are plenty of legal scholar who is say that it is, i think he should do it. i think that the congress has been completely unwilling to address this issue. >> aren't they allowed to say that? aren't they allowed to say we're in charge of the house and we

disagree, they don't want to do it? >> they can disagree, but if the president has the power to do this, then there's no reason he shouldn't do it. this idea that republicans think he shouldn't do it because they don't like it -- >> what if he doesn't have the power? >> then he shouldn't do it obviously. >> this is a problem because i think the republicans are going to be afraid to bring a lawsuit. so they're going to have to make a political judgment on that sliding scale, he's gone too far. and already there's pressure on them not to impeach. don't do anything that would hurt them politically. but if they think he is lawless and if the american people think he's maifing lawlessly, what should he do? >> i don't think there's any question violate the constitution. there's a lot of disagreement. the republicans said the mandate was unconstitutional and the supreme court ruled it was constitutional. >> but not under the commerce clause. >> right, but the point is i think there's often a lot of disagreement over this. i think he has to make sure he's operating within the power of the law. and if he can do this legally, i think that he should.

>> there is a big question about whether this will withstand legal scrutiny. you've never seen it before. 4.5 million is a big number for executive action on a law that's on the books right now. great to see you. >> thank you. >> thanks for being here. also tonight, dramatic new developments with the key white house advisor caught on camera just how stupid he thinks the voters are. not once, not twice, but now we find out tonight at least three times. >> it's a very clever, you know, basic exploitation of the lack of economic understanding of the american voter. >> it's very clever. you would understand how clever it was if you were just as smart as professor gruber, but you're not. up next, what congress is now threatening and what the white house is today saying about this guy. plus, as we wait for the second installment in "the man who killed usama bin laden," we will look at why the media jumped on this navy s.e.a.l., attacking him, his story and this report. >> the more we trained on it, the more we realized this is

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americans to pass obamacare. the scandal e ruptding again after video surfaced of a top obamacare architect and white house adviser saying americans are too stupid to know what's good for them so they had to be tricked into accepting obamacare. now for at least the third time in as many days new video of obamacare adviser jonathan gruber surfaced with professor gruber explaining why you're all so stupid. >> it's a very clever, you know, basic exploitation of the lack of economic understanding of the american voter. >> you just don't understand. but thank god we have professor gruber to explain it to us. trace gallagher walks us through it. >> megyn, jonathan gruber is called one of the central architects of obamacare, but from our research that might be a huge understatement. turns out he didn't just help craft the affordable care act, he was instrumental in the campaign to sell it. for example, whitehouse.gov

dedicated an entire page. the white house used his numbers to convince skeptical governors that obamacare would be good for their states. and everyone from the congressional budget office to the senate finance committee to health and human services relied on jonathan gruber's opinion. then-senator john kerry credited gruber with "walking everyone through the benefits of the affordable care act reforms so consumers are armed with accessible information." now we know the information was not only inaccessible, it was downright deceptive. last year the university of pennsylvania gruber acknowledged that if you made it clear that healthy people pay in and sick people get money, obamacare would not have passed. listen. >> and basically, you know, call it the stupidity of the american voter, whatever. but basically that was really, really critical to get this thing to pass. >> so instead of transparency you get wool over the eyes. gruber now calls his statements

speakos like typos. last year at washington university in st. louis he was bragging about the bait and switch where instead of taxing policyholders you tax insurance companies knowing full well that insurance companies would pass along the cost to, yes, the policyholders. listen. >> that's pretty much the same thing. why does it matter? you'll see. too stupid not to understand -- >> and all those who once saying his praises apparently now have a bit of laryngitis. megyn. >> trace, thank you. joining us now fox news media analyst bernie goldberg. so mr. gruber is making the case that he is speaking off the cuff. that's his basic defense to this although now it's monday, tuesday, wednesday. i don't know what we're going to find tomorrow, but so far we're three for three in finding new comments by mr. gruber day for day calling us all idiots.

>> right, if being an arrogant, liberal elitist twit were a crime, jonathan gruber would be in prison tonight. but it isn't the deception and the lies i think many of us find so infuriating. we're accustom to deceptions and lies from this administration, whether benghazi or if you like your doctor you can keep your doctor. i don't think that was an innocent mistake either. the arrogance of these liberal leetists think they know what's best for you. and that's justin furuating. the second thing that's infuriating is the mainstream media's reaction to this which is pretty much no reaction. there's been nothing on the networks. there's been nothing in "new york times." the anchors of the networks don't know that something is news until it's in the "new york times" and because it isn't they

don't cover this. it's absolutely disgraceful. there was a time when they can get away with this, megyn. there was a time before fox, before the internet that they can get away with this stuff. they just look like fools by not covering what is obviously a story. >> why should the mainstream media, why should they care about what some obamacare adviser said in his academic conferences over the past couple of years? i mean, turn around and say what matters is in the law and what we said. >> yeah, i'll give you two answers to that. if they're in the tank for the president, which they clearly are, i know that sounds like a cliche at this point, but this has gone way, way beyond bias. this is corruption. but if they're corrupt, then no, they shouldn't care. and they don't care. by the way, i worked at cbs for 28 years, they don't care what you or the people watching us think. that's not one.

but the reason we all should care at the risk of sounding a bit old fashioned, it's important that we have a strong, honest, mainstream media in this country. that's really important. because if you only watch the old networks for your news, or you only read the "new york times" for your news, you don't even know what we're talking about tonight. that's dangerous. >> what do you make of the fact he went on another cable network to offer some sort of a mea culpa and basically wasn't really challenged but repeatedly said, you know, it was an off-the-cuff. actually, we have a sampling of what he said, not just that network but a pbs interview as well. watch. >> i was speaking off the cuff. and i basically spoke inappropriately. and i regret having made those comments. i am apologize for the terms i use. i expressed myself very poorly. >> have you learned the lesson about this videotape everywhere?

>> i have certainly learned my lesson. i don't even have a twitter but i can't tweet, i can't speak. >> the issue he didn't know it was on videotape, you see? that's the lesson here. >> that's right. first of all, off the cuff, that's another lie. because he said it, you know, at least three times. he regrets it. what he regrets is that he got caught. and he said at one point, well, i said this before an academic panel. the translation before that, i didn't think you stupid people out there in america would ever even know i said it because you don't even know what the word academic means. this is why i say it isn't the lying and the deception. it is that, but it isn't only that. it's the disgusting, elite arrogance of liberals like jonathan gruber who really do believe that they're better than the rest of us. that just is nauseating. >> bernie, good to see you.

>> good to see you, megyn, thanks. there's much more. fox news got ahold of professor gruber today and asked him about the remarks and about this controversy and alan joins us next. plus, as we wait for the second installment in "the man who killed usama bin laden," we will ask a former navy s.e.a.l. why he and others have been so quick to criticize r o'neill for coming forward with his story. >> so i would learn to count to keep my mind occupied. as i'm counting for some reason i remembered a quote from george w. bush on 9/11. freedom itself was attacked this morning by a faceless coward. and freedom will be defended. pe. not to be focusing, again, on my moderate to severe chronic plaque psoriasis. so i finally made a decision to talk to my dermatologist about humira. humira works inside my body to target

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breaking tonight, fierce new reaction to a top obamacare architect bragging about tips

used to mislead the public and pass the law. first, jonathan gruber said they had to use "tortured language" in the law to disguise new taxes. that would make the stupid people like the law more. then he explained how democrats hid the fact that young and healthy people will need to pay more to cover the old and sick. that would make the stupid people happy as well. now he's expounding on how obamacare hiked up prices for some consumers but made it politically palatable by blaming it on the evil insurance companies, all thanks to a suggestion from former senator john kerry who is smart. >> john kerry said we're not going to tax your insurance, we're going to tax the health insurance companies. and conveniently the tax rate will be the marginal tax rate under the income tax code. so basically it's the same thing. we just tax the insurance companies, they pass on higher

prices, that offsets the tax break we get, it ends up being the same thing. it's a clever basic exploitation of the lack of economic understanding of the american voter. >> thank god we are so stupid. that is so helpful to jonathan gruber who those trying to deceive us. but his argument there that they were just going to defend the law by saying we're just taxing the insurance company. those are the guys we're going to hit. actually made its way into those -- into the arguments of those defending the law including the arguments being deposited by president obama in 2009. >> might you end up taxing people with cadillac benefits and chevrolet salaries, that is people not anywhere near the $200,000 income level you talked about. you wouldn't raise taxes on those people. is that a possibility in this one particular case? >> well, keep in mind that we're talking about is imposing a tax or fee on insurance companies for providing plans like that.

>> alan combs is the host of the alan combs show and spoke with mr. gruber today. >> i'm a liberal twit by the way. that's what i'll get called, i'm sure. >> what did the professor tell you? >> he's not doing any media. you're not special in that he's not just doing your show, he's not doing my show either. he wants to stay away from the media for now. i said i'm on fox news defending you. he said don't defend me. i was wrong. >> all times? the first time and second time? >> didn't ask about this time and this time and this time, but he acknowledges he made a mistake. >> that one clip seems to be i was making a mistake because there were cameras rolling and i should know better than to say this stuff which is true when it can be documented. >> there's always cameras rolling. the dirty secret is both sides play that game presuming the other side is stupid, changing the affordable care act to obamacare, calling it obamacare, which obama eventually embraced. using phrases like, you know,

it's government-run health care, something frank luntz came up with. it's not. so the other side, the other side for me, plays the same game using language which they know is not true. >> but these are actual deceptions. there's a difference between spin and an actual deception saying it is not a tax. let's go into the supreme court and tell them it's a tax which wound up saving them constitutionally. >> the supreme court made that decision too by the way. but the fact is it's deception from both sides because when conservatives don't represent the law properly for their own political purposes -- >> should there be no accountability here, alan? you saw that setup to you where gruber's on camera saying this is how we have to justify the cadillac tax. that was part of obamacare that taxed the really good plans. just tell them taxing those evil insurance companies, it's not

people, it's insurance companies. cue president obama. it's just the insurance companies. it looks like willful coordination. and low and behold we check the logs. this guy gruber was at the white house nine times including in the oval office with president obama and now the white house hasn't commented on it. the question is they need to come out and disavow this guy or explain the ruse. >> this is the same guy who mit saying -- but obamacare and romney same thing individual mandate. >> he's talking about deceiving the american people on president obama's signature legislative achievement. and he's admitted three times on camera he lied to all of us. >> no, what he said, people are stupid, voter are stupid and that is often the case. conservatives play the same game. >> he said we had to lie to them because they're too stupid to understand how great the truth is. that's what he was saying. >> and i'm not defending him saying that. >> you kind of sound like you are. >> he himself said don't defend

me. he himself said, i'm sorry, i should not have said that. do you not believe in forgiveness? >> he should have said i'm sorry, i should not have felt that. that's really what we're mad about. people are thankful he said it because he's given us a window into how he really feels. but he needs to be apologetic for actually feeling he's smarter that be everybody else in the country with his m.i.t. degree, which is great, almost as good as syracuse. it's offensive. everybody was told they were wrong. >> if you go through the bill point by point and ask people how they feel about it. people actually like it point by point. people are happy with this bill contrary to what they're trying to sell you from the other side. that's what he may be saying. i'm not agreeing with that. but it's better that we have this bill than we don't have it. >> anything, shut up and enjoy it. doesn't matter how you got it. >> 6 million to 7 million people are enjoying it who didn't have health care before.

>> thanks, professor gruber. you really do know better. you're so smart. thanks, alan. where did you go to school? >> ithaca. and hofstra. my sister went to syracuse. >> syracuse is the harvard in new york. new developments in a disturbing attack on u.s. sailors targeted on the streets of turkey. see what happened to these guys. and some powerful moments from our special on "the man who killed usama bin laden." we will not only look at the sacrifices this manmade, but the heat, yes, he is taking flak for speaking out. >> i meep, i knew i wasn't -- there was no chance of me quitting. and another guy said to me, i don't understand how you can quit. when you quit you take your helmet off and your name's on it, ring your bell, put the helmet down, the helmets are in line. someone said to me how can you quit and put a helmet with your father's name in the quitter's line? that's just good advice. the holiday season is here,

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from the world headquarters of fox news, it's "the kelly file" with megyn kelly. almost as soon as fox news started promoting our exclusive with "the man who killed usama bin laden," former u.s. navy s.e.a.l.s. leaked the name and criticism of rob o'neill began. others claimed a different version of events. still others questioned his motives for speaking out. we will discuss all of that in a moment. but first, a few of the highlights from part one of "the man who killed usama bin laden." >> you know, who's house is this? who's the man of the house? who lives here? then we'd say where's usama bin laden and they would laugh like who? you're never going to find him. we just gotten back from deployment number 11 for me. we went to miami to dive. we got the call from there that

they were calling back a couple of us, not all of us. and other guys from other trips had been recalled and they were all senior guys. they sat us in a room and said we found a thing, the thing is in the house and the house is in a bowl and the bowl is in the country and you're going to go to the house and get that thing and bring it back to us. that was it. we assumed it was gadhafi because it would be arab spring. how are we getting there? can't tell you. what's the thing? can't tell you. we assumed we would be flying off the navy ship from the mediterranean and grab gadhafi and bring him out. they told us a couple things, they said a few names that didn't make sense. a few of us were talking a couple days later about this person, this person, why would they be there. it's bin laden. they found him. we're going to go get him. >> the cia had been doing extensive surveillance on the mysterious compound and built a scale model that was an exact

replica. >> we knew every single part of the extoor yor, every opening, over path, how the walls were. we practiced flying in and then assau assaulting. we practice the hit, practice leaving and do it all again. >> what's it like training for something so hard, so intensely, when you don't think you're going to survive the mission? >> well, it was worth it. because this is it. we would have moments we'd joke around and laugh and then it would hit you again and like, all right, get serious again. because this is going to happen and we're not coming home. >> was that a sad -- >> no. no. it was more of a, we're going to die eventually. this is a good way to go and it's worth it to kill him. he's going to die with us. >> before you left you also called your dad. >> i did. he was the last person i called. i was actually in my gear getting ready to launch on something i couldn't tell him and i called him to say good-bye and thanks for everything. the interesting part of our

conversation, i don't know what he's doing. as i look back on it, i get choked up. all of a sudden things are hitting me. he told me later that he was in his truck at a walmart right down the street here. and after i hung up the phone he couldn't get out of his car for 20 minutes. >> there was something in the tone in this call. i remember i said i wish i could go with you. just what he needs. >> we were the end. we were the fdny. we were the nypd. we were the american people. when president bush said freedom would be defended, he meant for everyone. we were everyone. >> joining me now, jonathan gilliam. former fbi special agent and

former navy s.e.a.l. as well as founder and ceo of united states continued service. this is a little dicey because you've been very critical of this man. but i wanted to give you the chance to explain it. because i think a lot of our viewers are looking at him thinking that man is a national hero. >> sure. >> and i saw myself 9/11 family members hug him, embrace him and thank him. and you went on a program last week and said he needs to be prosecuted and dishonorably discharged. >> right. >> why? >> well, i think he and bisonnette. start with the facts you put out. these are two guys that have careers i would cut my life short just to go back and have those careers. >> careers they earned. >> careers they earned. there's no doubt about that. they earned these careers. you cannot disparage what they did in the operational capacity

that they had and the things that they achieved. you cannot condemn that at all. in fact, i don't even really want to condemn them. that's never been my purpose in this. the purpose in this is that there should not even be this problem. this is a leadership problem. >> head of the navy s.e.a.l.s.? >> all the way to the top. when you have a vice president -- first start with the president. commander in chief. he's never even been in the military. we elect somebody who's never been in the military before and we don't put them through any training so they know how the military works. then you have a vice president -- >> what did the president do wrong? >> well, he has a vice president that gives out classified information. he's the one that released all this. >> specifically with respect to this mission which wound up a movie. >> that's right. >> a book and a movie. >> by the secretary of defense that allowed somebody -- the screen writer for this movie, to come in and sit in a classified top secret briefing with no clearance whatsoever. >> all right. so once that happened and you've got bisonnette who is the first

navy s.e.a.l. to speak out about it. >> that's correct. >> why shouldn't o'neill who says he feels like these families need closure. his experience with the 9/11 family members is in part what led him to do this. why shouldn't he also reveal his piece in it when there's been a movie made, a book -- he's not writing a book right now. >> right. let me tell you the show that they had last night and i'm sure they're going to have tonight was a great show. it showed the s.e.a.l.s. in a very positive light, which they should be. but even last night there are certain tactics, techniques and procedures that are given out that just should not be revealed. those things are classified. it doesn't matter if somebody else put those things out. they're still classified. if that is really the case he's wanting to go out and help these people get over this stuff by releasing this information, that's not his job. his job is to protect -- >> get it cleared first with officials if he wanted to do that. >> that's correct. his job is not just to be an operator. his job, especially at his rank, is to be in control of the information he's given.

>> let me ask you this, why wouldn't the navy s.e.a.l.s. be more embracing of him to say we don't agree with what he did but the man is a hero and we stand next to him as brothers instead of taking such shots at him like i've seen in some areas online. >> well, there's a lot of animosity there because the fact is that a team achieved that. there's hundreds of people -- >> he talks about the team. he doesn't make it abtd himself. he talks about his own personal experience. >> that team doesn't want that stuff getting out. when you subscribe to being part of a team, you subscribe to the honor that they cherish and hold close. >> one more question because i got to go. >> sure. >> jou spoke also very publicly about how you said you wouldn't be anywhere close to him in his public speaking and he put a target on his back. you stoking the fire? you made people view him as a pariah. >> i'm not trying to stoke the fire and look like a pariah.

my job when i come in to the media is to tell the truth. i've never been paid to be on any news program. my job is to come on and inform people with the training expertise i have, he has a target. and his father we just saw there, i mean, that guy now has a target on him as well. here's the thing -- i just want to leave with this. it's not an o'neill problem. this is a leadership problem. these issues should not even exist. they should be fixed. and the leaders and the d.o.d. and executive branch -- >> i know. you've been public about that as well. i ask tough questions because i know the viewers are thinking them as well. i appreciate your service. thank you for coming on. >> long live the brotherhood. >> amen. up next, iraq and afghanistan vet pete hegs het offers his take on rob o'neill and a sneak peek of "the man who killed usama bin laden" part ii. >> how is it you ended up the number two man on the stairs -- >> just luck. just the way it worked. the guys ahead of me, based on

our tactics, we know that the guy in front stays in front and everyone behind him when there's other stuff going on they need to get to that threat and take care of the threats, which would be other people, other rooms, other doors. more important, we need to clear that level before we go up one more.

i lost my sight in afghanistan, but it doesn't hold me back. i go through periods where it's hard to sleep at night, and stay awake during the day. non-24 is a circadian rhythm disorder that affects up to 70% of people who are totally blind. talk to your doctor about your symptoms and learn more by calling 844-844-2424. or visit my24info.com. eight-something -- somebody came over the radio to everybody and said, all right, gentlemen, for the first time in your lives

you're going to be happy to hear this. welcome to afghanistan. and it was like, oh, my god. we just did it. we pulled it off and we got him and we're all fine. so then there was high-fiving and stuff. we got usama bin laden and we're going to live. >> that was an exclusive sneak peek of part two of our special which starts in just a few minutes right after "the kelly file" tonight. joining me now, pete hegsheath. pete, your take on what jonathan gilliam, former navy s.e.a.l. about rob speaking out. >> nothing to take away from jonathan and the ethos of the s.e.a.l.s. and what they do and why they keep quiet. i don't put this on o'neill. i put this on a white house that ran like giddy school children to "new york times" to give away every single detail they could about the mission to make themselves look good. a vice president who did just

that. across the board ringing the bell about the nature of this mission. the last person to tell his story was rob o'neill was the s.e.a.l. who pulled the trigger. i can understand why they stepped back and say the american people deserve to know why we did what we did without divulging details. he didn't divulge details, others may have. he did not. this is not on him. it's on a culture in the white house and pentagon that's devolved a lot of this behind the scenes. >> what do you make of the fellow navy s.e.a.l.s. and they talk about how no one individual is supposed to take credit. you know, they sort of have this band of brotherhood that stays quiet about their missions. and as one of their leaders said, they said it's a lifelong commitment. they said violators of this ethos are not teammates in good standing nor teammates who represent our core values. >> i'm very sympathic to that. i'm not a s.e.a.l., haven't been. but i understand that culture. classified information, classified -- and we long for the days when we knew there were secret men doing secret things on our behalf that we didn't

know about. and they maintain that secrecy. i want that. everyone wants that. but tell that to the preponderate who used i, me or my 13 time when he announced the killing of bin laden. tell that to the vice president who immediately squealed it was the navy s.e.a.l.s. tell that to 13 unnamed sources in the intntelligence community and pentagon that ran to the "new york times" and talked about intimate details of the raid within hours of the raid. this is not on the navy s.e.a.l.s. this is not on the navy s.e.a.l.s. culture as it pertains to rob o'neill. this is a white house and an operation that wanted to take a victory lap. and you see real, quiet professionals frustrated behind the scenes because they know what they did, they know why they did it and they see other people taking credit for it. >> the other navy s.e.a.l. has a criminal prosecution going against him right now, case being brought against him. an investigation i should say. now there's a question about whether rob o'neill will face some sort of investigation or

case as well. don't miss part two of our fox news special "the man who killed usama bin laden" part two tonight 10:00 p.m. eastern right after "the kelly file." plus, next, american sailors attacked after the break. what can your fidelity greenline do for you? just take a closer look. it works how you want to work. with a fidelity investment professional... or managing your investments on your own. helping you find new ways to plan for retirement. and save on taxes where you can. so you can invest in the life that you want today. tap into the full power of your fidelity greenline. call or come in today for a free one-on-one review.

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developing tonight, new disturbing video showing three u.s. sailors being assaulted on the street in turkey. turkey, one of our nato allies. trace gallagher has more from our west coast bureau. trace. >> megyn, even though turkey is a u.s. ally and member of nato, u.s. military personnel have been told not to wear their uniforms when they go on leave in the muslim country. and now we know why. the group of 20 or so attackers claim to be from the turkish youth union, which is a left leaning group of university students that openly oppose what

they call u.s. imperialism. during the verbal and physical assault you can see the unarmed sailors being shoved, having paint and other things thrown at them. some of the attackers even tried to put white plastic bags over the sailor's head all the while shouting, go home yankee, and other things. watch. >> you go back -- member of the army. and now because we define you as murde murderer murderers, as killers, we want you to get out of our land. >> the sailors were on leave from the destroyer u.s.s. ross after a training mission in the black sea. the navy says all three u.s. military members were able to remove themselves from the situation without getting hurt and made it safely back aboard their ship. the navy also says traditionally sailors are treated very warmly in turkey, which is a very popular port of call.

but the u.s. embassy in turkey calls the video appalling. we know that 12 of the alleged attackers were detained. and turkey is investigating. so far we have not yet seen any reaction from the turkish government, megyn. >> trace, thanks. we'll be right back. and part two of "the man who killed usama bin laden" is now moments away. don't miss it. starts top of the hour. a new set of wheels, then... wham! a minivan t-bones you. guess what: your insurance company will only give you 37-thousand to replace it. "depreciation" they claim. "how can my car depreciate before it's first oil change?" you ask. maybe the better question is, why do you have that insurance company? with liberty mutual new car replacement, we'll replace the full value of your car. see car insurance in a whole new light. liberty mutual insurance.

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know your thoughts. should rob o'neill have spoken out? wait until you hear what he has to say in part two. follow me on twitter, let us know your thoughts. thanks for watching everybody. this is "the kelly file." part two now. the following is a special presentation of fox news. this program contains footage depicting military and special forces activities along with department of defense training video, recreations, illustrations and authentic footage are also used to illustrate what s.e.a.l. team six experienced while preparing for and executing the mission that killed usama bin laden. viewer discretion is advised. previously on part one of "the man who killed usama bin laden." >> the best people in the world, we're going on the most important mission since washington crossed the delaware. told me if you want to get a