president obama for the first time since news broke of his plan to allow some 5 million illegal immigrants to stay in america without congress' approval now says he has to do it because he is out of patience. welcome to "the kelly file" everyone. i'm megyn kelly. for years the president has been telling us he cannot resolve the immigration situation by executive order. >> the problem is is that i'm the president of the united states. i'm not the emperor of the united states. my job is to execute laws that are passed. the easy way out is to try to yell and pretend like i can do something by violating laws.

the notion that i can just suspend deportations through executive order, that's just not the case. >> and yet we know today he apparently has a very different view of his powers. asked about his apparent 180 in position, the president late yesterday claimed he has not contradicted himself at all. >> well, the -- actually my position hasn't changed. when i was talking to the advocates, their interest was in me through executive action duplicating the legislation that was stall ed in congress. and getting a comprehensive deal of the sort that is in the senate legislation for example does extend beyond by legal authorities. there are certain things i cannot do. >> and yet his earlier statements make perfectly clear no one was asking him to enact

the entire stalled senate bill with just the stroke of his pen. and the president repeatedly was very specific. it wasn't, i can't pass the law by myself. it was, i cannot just suspend deportation. i don't have the power to do that. well, guess what he's about to do? still, with two years to go in office and having done nothing, nothing, to advance this cause when his party controlled both houses of congress the president now says he is tired of waiting for congress to do what he wants them to do. >> you are absolutely right that the very nature of an executive action means a future president could reverse those actions. that's why i showed extraordinary patience with congress to try and work a bipartisan deal. but as i've said before, i can't wait in perpetuity when i have thofrt authorities that at least for the next two years can improve the system. >> what happened to i'm not

emperor? joining me now fox news senior judicial analyst judge napolitano. it's a clear 180. the attempt to now say i was only speaking to those who wanted me with the stroke of my pen to just enact the entire stalled senate bill is a straw man. that's not what they were pushing him to do. they wanted him to suspend deportation. that's what he's about to do. >> when he suspends deportations and when he imposes his own conditions on those suspensions, he is effectively rewriting the law. and that violates his oath to enforce and uphold the law as it's been written. the american people, the congress and the courts need to know that we have a president who will enforce the law when he says he will not enforce the law because i don't like it or i'm impatient, that doesn't wash under the constitution. >> is there an exception under the constitution of what if you get really irritated? what if the congress is a do-nothing congress that stops your agenda?

then do i get to be emperor? >> it almost sounds as if he believes that, especially in light of the tapes you just ran. he can't rewrite the law. all presidents have some discretion. we call it as you know prosecutorial discretion. he can suspend some prosecutions because he wants to reallocate resources. but he cannot suspend a statute. and if he suspends the prosecutions of 5 million human beings under certain conditions that he made up, he was effectively rewriting the statute and the effect of his discretion is the opposite of what the law commands. >> but when do we get to that point? he in that same speech yesterday said basically his new defense says all the kids are doing it, all the presidents are doing it. he talked about executive orders, talked about reagan, talked about bush 41 saying they've all done it. there's no problem with me doing it. >> every president since dwight d. eisenhower has suspended some deportations.

president reagan did it to 100,000 families. he did it on basis of 1986 statute enacted by congress. president george h.w. bush did it for 1.5 million people, only about 350,000 took advantage of it. and it was based on his interpretation of the statute. president obama does not reinterpret a statute. he takes a statute and says i'm going to disregard it, i'm going to give you a better one. i'm going to set down a set of standards i would have written had i been the lawmaker. he's not the lawmaker. he's the law enforcer. >> and he already did what president bush the elder did in giving basically deferred deportation or suspended deportation to 1.8 dreamers, the kids brought here -- he already did that. >> yes. >> and they didn't impeach him. they didn't shut down the government over that. so he got away with that. but now he's raising the stakes to another 5 million. and at what point does he cross the clear line from discretion to completely ignoring his executive obligations to enforce

the law? >> when he grossly abuses husband discretion. and when the effect of his discretion is to suspend a statute or to have the opposite effect of what the statute commands, that is a gross abuse. he will be playing with constitutional fire if he does this. >> i want to ask you why people should care. because for me this is not about how you feel about the 11 million illegal immigrants living in this country whether you want them to have, quote, amnesty, or not. i asked liberal law professor jonathan turley who has other issues on obamacare and about the president and his executive overreach saying we are headed toward emperor. i asked him why it mattered the other night. this is what he said. i want to get your thoughts. >> okay. >> what the president's suggesting is tearing at the very fabric of the constitution. we have a separation of powers that gives us balance. and that doesn't protect the branches. it's not there to protect the executive branch or legislative

branch. it's to protect liberty. it's to keep any branch from assuming so much control that they become a threat to liberty. the american people have got to force this issue and say, look, we may agree with you on what you're trying to do, but we don't agree how you're trying to do it. >> well, i fully agree with professor turley. put aside what's in the president's heart. it may be a humanitarian notion, which is laudable. his oath is not to his heart. his oath is to the constitution. if he assumes so much power that he can blanketly refuse to enforce statutes he's sworn to uphold, then we all lose liberty. i hate to use this phrase, but he becomes a prince. and future presidents will rely on this behavior. >> and it's never meant to be that the executive would be the most powerful of all branches. he can overrule congress because he's irritated and impatient. and they told him, the people's representatives, those folks in the u.s. house were elected,

they've told him no. they've given him an answer. >> you're exactly correct. so then the question becomes what will congress do? let's say congress overrides these -- let's say congress nullifies these executive privileges, he vetoes the nullification. they override his veto. how do they know that he would enforce any new laws they pass? he won't enforce these laws that were on the book before he became president. >> these aren't the congressional representatives who had the low approval rating. they are there as individuals to represent the people. they are the people's voice. and the people thus far as a group have said no to this bill, to this move. and he with the stroke of his pen is overruling it. >> that's why i say he will be playing with constitutional fire if this happens. we don't know where it's going to end. we will be in for a 25-month period of constitutional crisis and stalemate precipitated by the president assuming powers the constitution doesn't give him. >> maybe.

we'll see. the republicans have painted themselves into a corner now because they have allegedly overreacted to certain past actions that now they seem gun shy. i don't know about impeachment, i'm not talking about that. but it seems like they're not sure what they should do politically. we'll have to watch it play out. judge, good to see you. >> pleasure. also tonight a key arab ally has decided one of largest muslim groups is a terror organization. we'll investigate what is going on tonight at the council for american islamic relations, our c.a.r.e. and president obama is asked to explain why a key white house -- says -- the president's response and how it may make things worse for the white house just ahead. for lotus f1 team, the competitive edge is the cloud. powered by microsoft dynamics, azure, and office 365, the team can gain real time insights and instantly share information around the globe.

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how does that happen? >> first of all, it's about time. and it happens because the uae finally has the courage and conviction to designate a very well-known terror organization. and the evidence is out there. i mean, all you have to do is go and look to see the amount of board members and civil rights coordinators that are on the counsel on islamic relations staff that has been convicted for funding and providing material support for designated terrorist groups like hamas for example. the evidence is out there. and what's controversial is why the united states allows c.a.r.e. and allows the muslim brotherhood, which issed mother of c.a.r.e., to operate freely within our borders. >> the state department says it's looking into it. it's going to seek more information about why it happened. but to your point, ibrahim hooper who came on the program a few times, came out and said we have condemned these terror organizations. here he is in april.

>> we have condemned hamas, hezbollah, we've condemned every organization designated by the u.s. government. >> that's an outright lie. the council on american islamic relations has refused over and over again to condemn hamas and condemn hezbollah. in fact, the co-founder of c.a.r.e. has come out and said "i am a supporter of hamas." what c.a.r.e. has condemned, in fact, is the conviction of the 1994 word trade center bomber. they've condemned the conviction of the blind sheik in 1995 who was arrested and sent to jail for planning to blow up new york city trademarks and condemn calling osama bin laden -- it is a political front for the muslim brotherhood. it is a funding front for hamas.

>> but they say they're basically just a muslim civil rights organization. and whenever you do a segment about c.a.r.e., you know how to reach me, ibrahim, they raise nasty notes suggesting they're going to sue you. here's the statement they said in response to us. let's put it on the board so viewers can see. standby. here tes. we are seeking clarification of the government about this shocking and business bizarre report. there's absolutely no factual basis for the inclusion of cair and other american and european civil rights and advocacy groups on this list. >> do these people sound like civil rights activists? currently serving a 23-year prison sentence for material support for hamas and hezbollah, randall todd -- the former civil rights coordinator for cair traveled with al qaeda, trained with the al qaeda organization in kashmir --

>> if that's the case and they have these ties to groups like hamas and hezbollah which our state department recognizes as terrorists, why does the administration include cair a big microphone in the country among some constituencies and say we condemn isis, they joined in this sort of big initiative where they denounced isis and said misinterpreted islam into harshness brutality. in other words on paper and in some circles they look legit. >> right. but if you dig a little bit deeper you can easily see under the surface that they are a terror front organization. people in the islamist world know this. everybody in the counterterrorism community knows that cair is a front for hamas. and the reason why they haven't been designated is because they have an incredible amount of influence with the obama administration that has taken hundreds of meetings with them while shunning real moderate

muslims like zuudi jafr, staffs muslim brotherhood sympathizers, for example. this is a state department that has redacted counterterrorism training manuals, redacted islam and jihad from counterterrorism training manuals. this state department does not have the courage to designate a terror front organization in the united states. and it's a shame. >> well, what we'll continue to watch is the state department investigates further. brooke, good to see you. >> thanks so much. >> of course we invited cair to come on, but they didn't want to come on. we'll continue to await their next appearance. coming up, a former army ranger is the latest american to be beheaded by the terror group isis. and the rise of this new terror threat after all the sacrifices made by u.s. service members. plus, as we wait for the grand jury decision in the shooting death of 18-year-old

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new details tonight on the 26-year-old american veteran beheaded by isis terrorists. on sunday the terror army known as isis released a video of a fifth brutal murder of a western hostage. peter kassig's dead body is shown at the end of the 16-minute video. it's the final image in the video which also shows the terrorists beheading over a dozen men. kassig was an army veteran who served in iraq and then later returned to serve refugees in

the crisis in syria. his parents spoke earlier today saying they would work on forgiving their son's murderers. a terrorist goads america to send more troops into iraq. joining me now, a man who fought his share of terrorists, retired navy s.e.a.l., robert o'neill the man who shot usama bin laden, rob, good to see you here. >> thanks for having me. >> this is exactly why you went over there and did 400 combat missions to try to fight these guys inspired to take out terrorists like this. your thought on whether we've made real progress and how much progress we've made against them. >> we've made progress. we've made good progress in both theaters over there. it's something looks like we're going to have to do again. they kind of waited for us to leave. these isis guys are the same guys they were fighting -- we

gave the name al qaeda in iraq. he ran -- the united states kill him and al mazr killed him. it's the same group of guys once they knew we were going to leave, they knew they could rise up and start fighting their other enemies, the shiite. >> if we wanted to take them out, actually destroy them as president obama has said we want to do, could we do it? >> we could do it in a heartbeat. they're afraid to fight us. they've seen what we can do face-to-face. they just know right now we're unsure of the american people's will to go back and fight them. if they went in there, they would do the same thing they always do, they'd hide behind the families, try to melt back into the local populous. >> right. when they say they're going to come to america and start beheading or slaughtering people on the streets here, people worry. people get scared because they don't want to have to live like that. you're someone who has publicly outed themselves as the man who killed usama bin laden. a lot of people say aren't you

worried for yourself and your family? speak to your own concerns and the american people who hear the threats and think how concerned do i need to be? >> the concern right now is the lone wolf. the people that kind of go crazy. and they go out and they, you know, attack people with hatchets and knives. those are pretty much crazy people. you can't really help that. that's something i consider now i've taken -- i take my security seriously. i'm ready -- i'm prepared for it chl as far as isis coming here in mass, they know what we can do to them. what we did to them over here and they know what would happen if they came on our home court. they don't have a chance over here. >> now it's been a few days since the documentary aired on the fox news channel to record numbers. now millions and millions know who you are. has life changed? >> yes. i get recognized when i go places. i went to a football game yesterday -- >> what's that like after being secret for so long? >> i had to tell them with the

people it was an honor, i had a guy ask me to sign his football. >> you're not just any redskins fan. on the s.e.a.l. team 6 mission to kill usama bin laden. the s.e.a.l. team 6 to rescue captain phillips, the list goes on and on. you're an incredible man who's given a lot of service to this country. that's why it's so shocking for some of us to see the blowback against you. i realize it's controversial to speak out of the navy s.e.a.l. are you surprised more haven't come out and said we disagree but this is our brother? >> i have had my friends tell me that. the ones i talk to even the ones that disagree, they're supportive. you know, maybe you did the wrong thing, but i'm going to support you. there are going to be naysayers that don't like what i'm doing. that's the nature of it. i know these guys and they're all alphas. i mean, they're the best people in the world as far as i'm

concerned. i want to be liked by all of them. but i understand that a train moving very, very fast and if you jump off the train, it's going to keep moving. they're doing their job it's not in the s.e.a.l. culture to speak out. but something of this magnitude, the positive effect i can have on the country -- i have a foundation, yourgratefulnation.org, i just did over 16 years and there wasn't a lot for me when i got out. now i'm trying to pay it forward. >> say it again. >> we just gave our first grant to a former s.e.a.l. team 6 colleague part of the high profile mission. he got the grant the foundation gave him and he sent me a text said my wife is sitting next to me crying because our credit cards were maxed out and now we can buy christmas presents. >> listen, i know it's not about accolades for you or for the rest of the s.e.a.l.s., but in telling your story i can speak for me personally, you made me see what the see.e.a.l.s. do in light i'd never seen before.

the bravery, the willingness to die for a good cause. i was inspired. i salute you and thank you for being here. >> thank you so much for having me, megyn. >> great to see you. we're taking your thoughts on that. follow me on twitter or go to facebook.com/thekellyfile. new criticism for attorney general eric holder after he takes the death penalty off the table for four people charged in the gang-related kidnapping and this virginia police officer who had just become a father to a little girl. why did he do that? a kelly file investigation. plus, president obama is asked to explain why a key white house consultant says stupid voters were a very important part of getting obamacare passed. the president's response and how it may make things worse. coming up. nyquil cold and flu liquid gels don't unstuff your nose. really? alka-seltzer plus night rushes relief to eight symptoms of a full blown cold including your stuffy nose. (breath of relief) oh, what a relief it is. thanks. anytime.

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the american voter. >> he's kind of growing on me. that is m.i.t. professor jonathan gruber, one of the key players in shaping the health care overhaul caught on camera boasting about tricking stupid american voters into accepting obamacare. we could have gone on for an hour. after a whole series of videos have surfaced, president obama has finally weighed in saying he just found out about this. but it doesn't matter because the president claims that professor gruber was not important to writing obamacare at all. >> i just heard about this. the fact that some adviser who never worked on our staff expressed an opinion that i completely disagree with in terms of the voters, is no reflection on the actual process that was run. >> really? just some adviser? as we have reported the administration paid gruber nearly $400,000 for his health care expertise. that was the president's administration.

the white house repeatedly touted gruber's objective analysis. and top democrats praised gruber as they sold obamacare to the american people. and there are reports everywhere that he actually worked to craft the legislation. check "the washington post." and now new video surfacing from president obama's 2012 re-election campaign. this video features gruber claiming that he helped the president write obamacare. >> i helped governor romney develop his health care reform, romneycare, before going to help president obama develop his national version of that law. >> we'll be joined in moments by melissa francis after she went public with how her former bosses at nbc news sieblts e silenced her on the reporting of the health care overhaul. first, chris stirewalt is here, digital politics editor on what has become known as grubergate. sounds like something you get when you have a cold. let's talk, chris, about who?

jonathan? i just found out about this. i just was in australia. i've never heard of him. >> i've never heard of him, but if i have heard of him, he's unimportant. basically is what the president said. that's not too convincing an argument especially given the fact as you pointed out not only did his campaign highlight in an effort to defeat romney but also gruber advised, there's a key moment the health law was unraveling, when democrats controlled both houses, the thing was about to fall apart because fiscally moderate democrats were not willing to go for the big deficit increases that were going to be in here, couldn't get the right cbo score and it was going to fall apart. so who does the president call? he could have called anybody in america, four people in the oval

office at the crucial meeting, the crucial moment, to reimagineer as they would say at disn disney, to make obamacare work. do you think the president doesn't know who that guy is? hogwash. >> he met him in 2006 prior to running when crafting the approach to take to health care. so are you suggesting to the audience that what we were seeing from the president there was feigned ignorance of this man, jonathan gruber? >> oh, quite so. and i think that in fact it is a particularly interesting for the president given the fact, look, as you point out gruber was a hired gun. they paid him not just that $400,000, but hundreds and hundreds and millions of dollars from taxpayers on the federal and state level over time to consult about health care. he was a hired gun they brought in to sell the law. so the president relied on him to a great degree. but for a president who has in fact had the worst breach of confidence with the electorate, with the people who he is supposed to serve over

misleading them about obamacare, if you like it you can keep it, et cetera, et cetera, for this president to then be this facile, i don't know this guy, he's some consultant, he's some dude. that's not going to wash. and in fact for a president who's getting ready to take a bunch of executive action and do a bunch of things that will further strain his relationship with the electorate, now doesn't seem like a good time to be straining credulity. >> he was paid by the administration, but b, that's a strawman. he doesn't have to be employed at the white house to have made his mark when it comes to, a, the substance of this law which as i said it's well documented his fingerprints are all over it and he actually helped craft the legislation, but b, that he was the messenger on it. he was the one helping them craft the message on how it would be sold. that's the issue, whether we were misled. i'll give you a cite to "the washington post" report from just yesterday, november 16th,

which concludes it's actually trying to exonerate him saying he didn't have much of a role, but they say his role was not to set policy, it was to explain the effect that a policy choice would have and to add to credibility. we've seen his explaining and credibility left a lot to be desired. >> right. they must have -- they went to the wrong guy if they were looking for good explaining and credibility. but how about this, counselor, just remember throughout all of this the president never wants to comport himself to reality. bad things happen, things go awry, the president refuses to admit things are the way they are and this case another bad blow has been dealt to his law as it enters another crucial faze of its imple menation just now. this one is going to bite him. it is going to stick to this administration because forever whatever claim the president makes about obamacare, he's not going to be able to run away -- >> pretend is not true and we talked earlier about how he's

pretending he didn't do a 1 0 about what he could and could not do when it comes to executive orders on immigration. but that's on tape too. and at some point the american people are going to catch on that the magic of videotape is a good ally to them. chris, good to see you. >> you bet. >> also new reaction tonight to a story getting a ton of attention. on friday fox business network anchor melissa francis went public with an account of how her former bosses at nbc news ordered her to back off when she reported on the questionable numbers behind obamacare. >> when i was at cnbc i pointed out to my viewers that the math of obamacare simply didn't work. not the politics, by the way, just the basic math. and when i did that, i was silenced. as a result of what i said at cnbc, i was called into management where i was told that i was "disrespecting the office of the president" by tell iing

what turned out to be the absolute truth. >> joining us now, fox business news melissa francis. good to have you. >> good to be here. >> what a nasty shot they came out in response to this saying that's laughable but we take notice because as the fastest growing network in primetime, we're always on the look out for high quality comedy writers and actresses. they don't actually deny it. they just try to attack you personally. >> i guess. i thought that the response was glib and sarcastic. and they treat it like a joke. i don't think it is a joke. i mean, this is about in financial journalism you're supposed to illuminate the dollars and cents for people and help them understand their money. they were doing quite the opposite, at least management was guiding us to do quite the opposite. i kept bringing up the idea that it doesn't make sense you're going to add all of these people to the roles of health care and not going to cost anyone

anything. it's not going to cost a dime. and i would ask that question of guests saying how is this not going to cost a dime, somebody has to pay more? >> right. and you went to harvard. you understand these things unlike the rest of us stupid people. >> please. i do have a degree in economics, so i know a little something about modeling and cost -- in any case, i was called into the office and i was told that i needed to stop. when i pushed back and said this is math, not politics, i'm not being political. i'm talking about dollars and cents. i was told i was not being respectful to the office of the president. >> you worked there for nine years. only now has your career as a very -- only now has that become an issue that that somehow diminishes your credibility. >> i think a lot of people who read that statement didn't get it. they don't know i was a former actress and it's supposed to be a dig. like jonathan gruber, it's so clever and it's so cute that it

just sort of, you know, doesn't hit the mark. i think a lot of people saw that quote and thought, wow, cnbc is dpoing scripted programming now based on that quote. maybe they are. i don't know. >> do you think the goal was -- did anybody call you in and tell you that your tone was inappropriate when you reported on president bush? >> i mean, there were other things -- it wasn't my only time headed to the principal's office. there were other times i was called in for being too political. >> were they protective of the republican president? >> not in my experience, but i would have to say that i wasn't there that long before that. and a lot of the reporting i was doing was on oil and energy. so this is really when i was an anchor and i was out in the middle of the set. and i even pointed to other people there are a few people over there who are noted conservatives and i said this person and this person, do you call them in and say the same thing. well, their roles are well defined and when the viewer's watching they know -- >> they're trying to say their opinion people and you're supposed to be a straight news person, but part of your goal is

to ask probing questions and confront people with real facts. >> especially when they're saying something that's not mathematically true. we all knew at the time that there was a cost to this program. and we all knew that the public was being misled with the idea that somehow there was this free lunch. that the cost curb was going to bend. there was no cost curb that was going to bend. and as it turned out we were exactly right. there is a cost. the american public needs the facts. and then if we decide we still want to go ahead and pay more for insurance a so that other people can be covered, fine. but they need accurate mathematical facts. >> professor gruber calling us idiots and messages, melissa's going there with her harvard degree, really, i'm onto you. and they're like shut up, you're being disrespectful. and she's like i'm on fox business, i can say what i want. >> thank you. >> another reason to check out money with melissa francis over on fbn. if you are not sure where to find it, just log onto

foxbusiness.com/channelfinder and demand it. good to see you. >> thanks. new developments in the situation in ferguson, missouri tonight. the governor has activated the national guard to help with possible civil unrest as we await the grand jury decision. is this about to come down? this is new evidence sheds more light on what happened the moments before michael brown was shot. we'll bring you that evidence and mark furhman will weigh in next. huh, fifteen minutes could save you fifteen percent or more on car insurance. everybody knows that.

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breaking news, the governor of missouri activating the national guard and declaring a state of emergency just hours ago as we await a grand jury decision in the shooting death of 18-year-old michael brown. this as we are getting new information in the case. the st. louis dispatch releasing portions of police radio calls in the moments around the shooting. the first call from 11:53 a.m. when a 911 caller reported a stealing, a theft in progress. within minutes police had a description. >> he's with another male, he's got red cardinals hat, white t-shi t-shirt, yellow socks and khaki shorts. >> the officer involved in the shooting death of michael brown is named darren wilson. he was out of service during the time of that initial call for a sick baby call. but he came back on patrol three minutes later and asked the officers searching for the thieves if they needed help. >> 21.

>> 21. >> with that report. >> clear. >> you guys need me? >> by this time officer wilson spoke those words the st. louis dispatch reports he had already stopped michael brown and his companion for walking down the middle of the street. it was after that radio call that the officer realized the pair matched the description of the thieves and then he requested backup. >> 21, put me on canfield and why don't you give me another car. >> officer wilson says he then backed his suv up -- joining me now mark furhman, mark, good to see you. many people are looking at this to talk about what was in officer wilson's head. you say that's actually irreleva

irrelevant. >> well, it's really irrelevant because he never had the opportunity to exercise niz of his suspicions or use any knowledge he might have had on these two suspects. he was attacked before he could even exit the vehicle. so it's more important what was in michael brown's mind. well, he certainly knew he just strong armed a convenience store. so he knew that. now he had a uniformed police officer about to exit his vehicle. it actually plays very well for officer wilson's description of the events and exactly what happened. he never got to exercise any police power in regards to the robbery. he was attacked in his vehicle. >> what's interesting to me is that when you hear him on that raid joe he sounds very calm. it doesn't sound like a cop that's just been through anything traumatic or has a lot of adrenaline flowing or so on. yet we know michael brown must have been somewhat in that place committing a robbery. does that tell us about how the

two men likely maifed when the confrontation began? because michael brown's family and attorneys say officer wilson was the one who started the confrontation, he was the one who got rough first. >> well, when you yaaudio recordings, especially an officer or someone in the military, that's not really relevant because they handle these situations all the time. part of their job is to remain professionally in tact, and that's exactly what he was. michael brown, you know, supposedly his co-suspect, johnson, claims that the officer grabbed at michael brown and that's how the fight started. i find that interesting because if that is the truth as far as johnson believes it, why didn't he help his friend? he just stood and watched. >> yeah.

>> i think this is a large issue. >> there have been some inconsistency. dispatched videotape of officer wilson walking through the police station after he'd been brought back there. some have said he doesn't look that hurt. what can we glean about the stories he has michael brown punched him through the window of the car? some reported those injuries were severe. >> well, when you see injuries especially soft tissue, the bruising doesn't come up for, you know, hours if not until the next day. so that's one issue. but really that whole issue is irrelevant. how much of a beating do you have to take to save your own life? there is nothing in the law that you have to take any beating if you have fear of your life or great bodily injury, you can exercise force. that's what occurred. >> we don't know for sure, but i bet the grand jury knows at this point and we continue to await its decision.

mark, great to see you. >> thank you. up next, new criticism of the attorney general eric holder after he takes the death penalty off the table in the case of gang-related kidnapping and murder of a cop. ms? i sure hope so. with healthcare costs, who knows. umm... everyone has retirement questions. so ameriprise created the exclusive confident retirement approach. now you and your ameripise advisor.... can get the real answers you need. start building your confident retirement today.

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mattress with sleepiq. know better sleep with sleep number. "the kelly file" investigation now, attorney general eric holder under fire for taking the death penalty off the table for four people charged with killing a reserve virginia police officer earlier this year. the decision causing outrage among the community. trace gallagher has more from our west coast bureau. >> the attorney general hasn't explained why he's taken the death penalty off the table, but saying "i have known him for years and continue to have great confidence in him and his judgment." the prosecutor did not say whether he agreed with holder's

decision. officer kevin quick left his mother's house in february on february 1st of this year. he texted his girlfriend saying he was on his way, but he never showed. police say he was carjacked, kidnapped, taken from bank-to-bank to withdraw money using his debit card before being shot to death. captain quick's body was found six days later in a wooded area. the suspects include three siblings and a fourth man, all of whom police say belonged to a gang called the 99 goon syndicate. it's an offshoot of the bloods gang from los angeles. the charging document reportedly says the suspects killed officer quick as a way to move up in the gang ranks and that in the weeks that led up to the killing the suspects robbed stores and sold drugs. prosecutors have turned over volumes of forensic evidence along with jailhouse phone calls and other electronic communication. now, every death penalty case is reviewed by the attorney general. and of the 1,236 cases eric

holder's justice department has looked at through 2013, only 27 have been authorized for the death penalty. megyn. >> trace gallagher, thank you. up next, big news about all of you. plus, coming up on "hannity" at the top of the hour. >> professor, do you really think the american voters are stupid? what about the obamacare? is that just a hoax on the american people? fixing our long-term national debt to help build a stronger economy. with a solid fiscal foundation, we can create more jobs, invest more in innovation and infrastructure, and make america more competitive, giving our kids a better future. a bipartisan solution to our long-term debt means more growth today, more opportunity tomorrow. and the time to start is now.

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file" facebook page. 1 million likes. thank you, followers. if you're not one of those 1 million people, go to facebook.com/thekellyfile and like it. you can see a special video i just posted. check out my personal page. and thanks for watching. tonight, suddenly silent. >> do you think the american people would have actually bought into obamacare without all the deception for the cbo scoring? >> the guy who called americans stupid over obamacare now doesn't have much to say. bret baier, senator rand paul and bob beckel respond. ferguson, missouri remains on edge as the country awaits a grand jury verdict. and the governor of missouri activates the missouri national guard. rudy giuliani is here with the latest. i will not sit in silence anymore. >> and the woman who says bill cosby raped her also says she's