breaking tonight, just one day after president obama convened three separate meetings on ferguson, brand new polling is released finding most americans are unhappy with the way the president has handled the case that has sparked angry debates and nationwide protests. welcome to "the kelly file," everyone, i'm megyn kelly. this new "washington post" poll was taken in the days after a grand jury decided it would not indict police officer darren wilson in the death of 18-year-old michael brown. it finds americans are dissatisfied with its chief executive's response. 52% say they disapprove of his handling of this issue, just 39% approve. it comes as the white house is fielding new questions about the

possibility of a presidential visit to ferguson. so far the administration is not saying whether that will actually happen. brit hume joins me now. good to see you. the numbers are not good for the president on his handling of ferguson. he seems to have found a way to displease both sides. >> yes, he has, megyn, and i think part of the problem is, you know, the president convenes, for example, this big gathering a tt white hou ining today to discuss this issue but he's really talking about one side of this issue, which he clearly believes the failures of police departments like ferguson across the country to deal with african-americans who they must confront in their police work. and you don't hear -- there's nothing that this president has said since this happened, this terrible thing happened back in august and this young man was killed by a police officer that suggested that young man was in any way responsible for what

happened to him. the emphasis between the president and especially his attorney general has been basically, we need to reform the police department. >> right. >> look, there's absolutely nothing wrong with having a white house conference to discuss how the police across the country can deal more skillfully with the people they have to deal with every day, but when that's the entire analysis of the problem, it leaves a bad taste in people's mouths. >> what this grand jury essentially told us is this officer committed no crime. what we know from the evidence is that michael brown did commit a crime moments before his confrontation with officer wilson and the eyewitness testimony was that he committed another crime when he went for the cop's gun when the cop was trying to effect an arrest for the first crime michael brown committed. then he committed another crime when he ran away from an officer who was trying to effect an arrest. but nobody is discussing that.

>> when someone does bring that up, as happened on "meet the press" when rich lowrie said, the lesson of this is don't steal stuff. when a policeman tells you to do something, don't attack a police officer, the faces on his fellow panelists on that program were absolutely amazing. they were just -- they looked as if they were astonished that anyone would say such a thing. that's a prevalent attitude among some people and i think the president, i'm afraid, is one of them. >> just before we came to air, there was a headline over on a competitive cable channel, brit, that reads as follows. can racial profiling ever end? what are they talking about? how did this case get turned into all about racial profiling? there's zero evidence that michael brown was racially profiled. >> well, that, though, has widespread belief. racial profiling and profiling

of any kind as related to our national security policy, muslims traveling to this country from other countries, is forbidden in this land. some might make the argument, these people, there are law enforcement who are wary of black suspects, black people that they are policing are simply playing to percentages because, like it or not, african-americans cause or carry out a disproportionate share of the crimes in this country, a share disproportionate to their size within the population. that's just a fact. and it's especially true in urban areas where -- which are densely populated and have a heavy concentration of people of color. that's true. we wish it weren't so. >> in this circumstance, officer wilson's deduction that michael brown might be the man -- first, he got on him for walking in the middle of the street. that was his first confrontation, but then he put

together that this was the person they were talking about that just committed a strong-arm robbery and that deduction was correct. michael brown was the one who just committed a strong-arm robbery. there's no racial profiling involved. it. he's the one who got confronted by the cop. >> exactly right. i think that it is the fact that people around the country look at this, and they look at these scenes of utter disorder, of looting, arson and the rest of it, destruction in the streets of ferguson and they think this is not being well handled very much by anybody. they don't like the way the president's responded to it. they certainly don't think the authorities in ferguson handled it well. why would you when you see scenes like the one on the right-hand side of your screen right now. it looks badly done. if there's one surprise in that poll, megyn, it's that the approval of what the grand jury did in this was not stronger than it seems to have been. maybe other polls will be different. we'll see.

>> amazing how the race relations break down when you look at the poll. look at that. do you approve of the grand jury's decision not to charge officer wilson, 58% of whites approve, just 9% of african-americans. there you see the racial divide underscored loud and clear. i've got to run. thanks for being here. >> you bet. >> it found its way to the floor of the u.s. house where the congressional black caucus held a special session yesterday. several members actually made the so-called hands-up don't shoot gesture that has become very popular with some of the protesters. watch. >> hands up. don't shoot. >> hands up. don't shoot. >> hands up. don't shoot. >> this has become the new symbol, a new statement, a statement wherein people around the country now are calling to the attention of those who don't

quite understand that this is a movement that will not dissipate. >> texas democrat al green is a member of the congressional black caucus. he's the man you just saw speaking there. thank you for being here tonight. let me start with this. on the night that the ferguson grand jury released its findings, the congressional black caucus chair released a statement that read in part as follows. this decision seems to underscore an unwritten rule that black lives hold no value, that you may kill black men in this country without consequences or repercussions. do you agree with that? >> thank you for having me on the program. i really law enforcement, and i also want to let you know that i respect people who peacefully protest and in your earlier segment you showed some of the things that happened that were quite dastardly done. i do not respect those who engage in dastardly deeds. i think people who commit crimes should be prosecuted.

that said, we have to recognize that there has been for many years and probably before you and i were born, ms. kelly, black people who have been prosecuted and persecuted in this country and no one says today that all of that prosecution and persecution is no longer occurring. >> correct. but that doesn't answer the question. because there have been statements made about this particular case that seem to many to be beyond the pale including the decision by the grand jury not to indict this police officer under these circumstances underscores an unwritten rule that black lives have no value and that you may kill black men in this country without consequence. i mean, do you stand by that? >> well, i think that it does happen with impunity in some case. >> well, what about in this case? >> well, let's talk about this case. i'm pleased that you decided to do so. i think that in this case we have a basic premise that has

not been applied, and that is it is not enough for things to be right, they must also look right. and in this case it doesn't look right for a prosecutor to take this case to a grand jury when he could have taken it to a judge. he could have had a preliminary hearing. at that preliminary hearing, we could have had total transparency and the world could have seen what occurred. it's not enough for things to be right, they must also look right. and the perception can exist when you take things behind closed doors that you are engaging in a process that is not fair. >> grand jury proceedings are secret. that's just the way it goes. and they're used in many cases. >> well, let me respond to that comment because that comment requires a response. >> well, listen, the grand jury proceeding was an extra, in many cases the prosecutor said i'm not charging him. >> this prosecutor didn't have to go there. >> right, he could have said i'm not charging and that's tend of the matter. >> he could have and that would have been wrong, too.

>> let me ask you this, because one of the problems in this case is that the actual evidence that was presented to said grand jury is being largely ignored by these protesters who we're seeing with the hands up, don't shoot rng shoot. >> that's not true. >> because the evidence before the grand jury is that michael brown did not come up with his hands up. these are african-american witness, african-american witnesses who testified before the grand jury. i'll give you a couple samples. one, mike brown continuously came forward in the charging motion, and at some point, at one point he started to slow down, he came to a stop. and when he stopped, that's when the officer ceased fire and mike brown started to charge once more at him. and the officer returned fire. witness number two. another african-american witness said michael turned around and started charging toward the officer and the officer's still yelling stop. he did have his firearm drawn but he was yelling stop, stop, stop. he didn't so he started shooting him. and here's a third. i thought he was trying to

charge at him first because the only thing i kept saying was is he crazy? why don't he just stop instead of running? because if somebody's pulling a gun on you, the first thing i would think would be to drop down on the ground. that was the evidence that the grand jury heard. >> that was not all of the evidence that the grand jury heard. >> that's enough, sir, to say there's no probable cause to charge somebody. >> that's not enough, not if you have evidence from several other witnesses who had statements that were antithetical. >> it's a 51% standard and it didn't go your way. why can't you accept that. >> other witnesses who imitated that he was not charging. >> all of the -- every witness who testified that he was charging was african-american. how is this a race thing? >> you're only going to present side that seems to favor the prosecution. >> every witness who testified he was charging the cop was african-american. >> there were other witnesses and you are avoiding what those other witnesses said. >> and you're avoiding these witnesses.

>> by doing that, what you're doing is creating the appearance of only three witnesses. >> i'm not, i'm not, sir. >> yes, you are. >> it doesn't have to be open and shut. the grand jury that they think that a charge should be brought. i'm giving you the evidence that would justify the decision that it's just not there. >> but the evidence -- >> i'll give you one. >> conflicting evidence. >> i get that. >> only indicates that you can have something sent to a jury and you can have a question of fact -- >> just because it's conflicting doesn't mean it has to go to jury. >> it was not done in this case, he did not take it to a preliminary hearing. he could have taken it before a judge, that could have been total transparency. >> i got that. you made that point. you made that point. >> you are not bringing up. >> but you know what? >> you're doing your viewers a disservice. >> listen, they've heard that repeatedly. all right, sir. now it's my turn. >> on the prosecutor's side. >> now it's my turn. >> that is not what you should

do. >> now it's my turn. >> you should be fair and balanced. >> listen, now it's my turn. how is it about race when every witness who testified michael brown was charging that cop was african-american? >> well, because african-americans can make mistakes, too. >> all of them? all six of them? >> well, what about all of the others who said that he wasn't? >> but were they racially motivated? they were trying to set up -- >> why is it only racially motivated? >> so they're racist, too. >> i'm not saying anybody is racist. you said this. you're bringing race into this. >> you are, you're part of the congressional black caucus. they're the ones that released the statement that black life has no value. >> -- the truth. you're not doing that properly. you have to let both sides be heard. and if both sides are heard and you have conflicting evidence, a good prosecutor gets an indictment. >> yeah. on this show, on this channel unlike any other, you get both

sides. >> on this chair you should be fair and balanced. >> we are. and here you get both sides. unlike the others where you only hear from the ferguson protesters. i got to go. i got to go. ♪ you don't need to think about the energy that makes our lives possible. because we do. we're exxonmobil and powering the world responsibly is our job. because boiling an egg... isn't as simple as just boiling an egg. life takes energy. energy lives here.

hi. well, you may have just seen democratic congressman al green moments ago defending his decision to make the controversial hands-up don't shoot symbol on the floor of the house. tonight supporters taking exception to that gesture. these men are both attorneys for now resigned police officer darren wilson. gentlemen, thank you for being here. let me start with you on that. your thoughts and reaction to that interview? >> well, it was very

interesting, and we sat here trying to take notes as quick as we could. and he kept wanting to say that there were other witnesses who testified differently. i think what's important in the witnesses that you were speaking about, they exactly told the same story that darren wilson told, and nobody heard that story except for the grand jury and the justice department. so the fact that those stories from those witnesses that were up there on canfield that day matched exactly is more than significant. >> the prosecutor in ferguson said the other witnesses to whom our guest was recovering had conflicting testimony that contradicted themselves and so on, and yet i ask you, neil, will anything, would anything satisfy the supporters of the ferguson protesters, the supporters of michael brown's family other than to have this cop's head on a silver platter? >> you know, i don't know. i would hope so. i would hope that people would listen to the evidence that's out there.

but i had to make one note. and this is the thing that i thought was perhaps the most telling. i was talking to a friend of mine today by the name of ross mason. we were talking about this transparency question that was raised and the congressman raised. you could have gone to a judge in a preliminary hearing and every witness would have had to testify, but in doing that, there were a number of witnesses that was crystal clear if you read the transcripts were truly concerned their safety. they were truly concerned that people would find out who they were. if you put them in an open courtroom, you're putting them at risk perhaps unnecessarily. based upon ultimately the grand jury's decision in this case, it would have been unnecessary. you would put them at risk. now, this transparency question goes a little bit further because everything that was done in that grand jury was transcribed. that's unusual. that doesn't happen often. i'm a former prosecutor, i ran a grand jury, that doesn't happen very often. but occasionally it does, and what mcculloch did here, he

said, look, i'm going to take all my work and i'm going to put it out there for the world to see. >> i know, it was an unusual step. i get it, that was an allegations he made. it's fine, people can make their own judgments about what happened in ferguson based on the evidence, but this gets ignored. the fact that it was all african-american witnesses testifying against this story being told by michael brown's supporters, no one's talking about that. they're just saying it's this race thing where the white cop was out to get the black now decedent and there's no testimony about the fact that the white cop's story was backed up by the black witnesses who came forward against their self-interest to take his side. and now we've got, james, you tell me, a police officer whose life is ruined, i mean his career is over. he was forced to resign because you told him he's going to get shot. first thing that's going to happen if he goes back out on the shop is he's probabjob is h

shot. >> he's such a good policeman. his heart has been in public service. he wanted to consider that. he had this grandiose idea that that would be possible, in his heart of hearts we didn't feel he would be indicted based on what the facts will be. i had to tell him you understand that your first call will be to a blind alley where you get executed. he got wide eyed and had to think about it for a minute and realizing what the sentiment of that community was realized that, you know what, i'm not going back there ever. >> can i throw in here one of the things that's most troubling to me is we've adopted as a symbol of this particular event hands up, don't shoot, which is based upon a false narrative. the most discredited witness in this entire matter, no matter what side of the aisle you're on in this you have to recognize that dorian johnson was not a credible witness. that's where this came from. >> now darren wilson is getting death threats, a man who has just been charged for threats

against darren's life. and no one wants to hear this side of the story that supports him. gentlemen, thank you for being here. we want to talk about a brutal attack on a a a a a a

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the kelly file investigation now in the brutal beating death not that far from ferguson, missouri. a young man and his new wife were attacked by a group of teens as they left the bar. the gang eventually beat the man to death with a hammer. trace gallagher has been looking into this. he reports live tonight. >> reporter: the st. louis mayor and st. louis police department have spent the past two days trying to knock down any suggestion that the death of the bosnian immigrant was racially motivated. the mayor quoting speculation that this had anything to do

with the ferguson protest is absolutely unfounded. at the same time the mayor and police department won't say what the motive for the killing might be. court documents show the suspect began yelling at zamir beigich and two others. one suspect jumped on the back of the car, he stopped and got out and all four attacked him beating him so badly that he later died. his aunt was with him when the attack happened. she's kind of tough to understand, but you can tell she was clearly shaken. listen. >> he stop and open door, four guys, young, and they're fighting for him. i said help, help. >> now, hundreds in the st. louis bosnian community has been gathering to protest the killing, taking a page from the ferguson protest saying that bosnian lives matter. but unlike in ferguson, these

protesters are calling for more of a police presence and the police chief is promising to do just that. 17-year-old robert mitchell turned himself in to police following the arrest of a 15 and 16-year-old. police have identified another 17-year-old, but he's still at large. two of the teens in custody are black, the third is hispanic. but even before suspects were in custody, police said the crime had no connection to ferguson. megyn. >> trace, thank you. we're going to get back to ferguson in a moment with an extraordinary sheriff out of milwaukee who is making big headlines for standing up to eric holder. but up next, senator rand paul is here on how the gop plans to counter president obama's most sweeping executive action yet and why a 2016 white house run is in the work. what got north korea so upset that they declared war and have now become the prime suspect in the hacking attack on sony pictures? thththththth

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from the world headquarters of fox news, it's "the kelly file" with megyn kelly. >> a new poll out from the first congressional hearing on president obama's executive action on immigration. a move he made despite repeatedly saying he did not have the power to do it. department of homeland security chief jeh johnson was the star witness today. he's been called the author of the executive action. he defended his boss and then was asked to defend his boss' reversal. watch. >> the president said over 20 times that he did not have the legal authority to do this, to take this executive action, and that this is not how democracy works. do you agree with that prior statement? >> i looked at various excerpts of remarks by the president

concerning his legal authority to act. i do not believe that what we have done is inconsistent with that. >> really? next week the senate takes up this issue, and moments ago i spoke with senator rand paul. senator, good to see you tonight. so jeh johnson assures us that the president did not contradict himself and that we should not believe our lying eyes. the very same thing president obama tried to tell george stephanopoulos a week ago sunday. do you believe the president has reversed himself? >> i don't even know how you can, with a straight face, defend the indefensible. how do you defend against the president's actual words 20 times saying he didn't have the power? the president went even so far as to say he's not a king, he's not an emperor, that he can't do this. now we have a complete about face and everybody will say, oh, well, the president changed his mind. >> is this not disrespectful? why not just say, yes, he

reversed himself and then the president can explain why he did that. i took a closer look at the law. i didn't believe it. looking more closely now i believe that it does. what we saw on camera two dozen times does not exist and we were just too stupid to understand? >> well, i think this isn't just one issue. there's a pattern of this type of behavior. on obama care they've amended obama care after the fact without any congressional authority. they're now doing it on immigration. they've also done it on war powers as well. the constitution gives this power to congress, yet the president just says, i'll do it. but when the president ran for aus, he said adamantly he didn't have the power to do war also without congressional authority. so he's changed his mind on a host of issues. >> with respect to immigration, there's now a discussion within the gop as to how to handle what the president has done. forget his reversal, his clear reversal on what he said two dozen times. the fact is he's now done it. what is the gop going to do

about it. people are outraged. people are talking about defunding at least parts of the budget request and so on. here's what charles krauthammer said on special report yesterday. >> i understand the pent-up anger and the rage over the president's constitutional action, but the cure for that is to go see a psychiatrist, not to vote in the congress and shut down the government. the republicans are ahead, they shouldn't blow it. >> what do you think? >> you know, charles is a fellow physician and a psychiatrist. i hesitate to argue against charles. but i think charles is right on this. i think shutting down the government won't do any good. we don't have the power until january comes. in january, though, we have the power to write all of the appropriations bills and to, in minute detail, tell the president how the money is to be spent. so we have a great deal of power in january, and we should use all that. but i don't think we should use it to shut down the government

in december. i don't think that helps anybody. >> what's the point of these congressional hearings? >> i wish we'd have the hearings to get to the bottom of it and make the president come forward and basically admit to hypocrisy but also to investigate and determine did he change the law. i think, frankly, he did change the law. one of the thin things the hou doing, i understand they're going to pass a bill that says this executive action would be repealed. it won't pass the senate, but by showing their will and intention, i think it helps the constitutional case. in the 1950s, we overturned an executive order of harry truman because the court said that it went against the will of congress. by the house passing its will and examining and displaying the immigration law indicates otherwise, i think it will help bolster their constitutional case. >> i want to ask you about your political future. because you made news today. it's official. you're running for re-election as a senator for kentucky.

it was done without a lot of fanfare. some have said, "a," he can't do that because there's this weird kentucky law that says he can't be on the ballot twice. so you can't have both your name for president and your name for senator. so first, let me get you to address that. do you believe you can legally do both at the same time in kentucky? >> r right now we're only announcing for one office. so it's really not a controversy. but let's say, hypothetically in the spring we're having this discussion again and we were considering running for the nomination, i think there are many different ways it could be done. probably the simplest way is the primaries in kentucky are controlled by the party. we could simply move up our primary, make it a caucus, we'd be more relevant and then the law wouldn't apply. that's probably the easiest way to fix things should i decide to run. >> what do you make of the fact that there's a cnn poll that came out today that said you don't crack the top five gop contend ters, romney, carson,

jeb bush, chris christie and huckabee, very dicey word, and then you. do you think you could switch that around just in case hypothetically you decided to? >> i could say we'd make the argument that it's still fairly early and that polls may change and really i haven't decided, but that's part of the decisionmaking process. is the message that i'm bringing to the country, is it viable? is it something that's enough different that republicans will pause and say, you know what? this is a republican that can attract african-american vote. this is a republican that can attract independent vote. is that going to resonate to pull new people into the party so say, this is a party big enough to win illinois, party big enough to win pennsylvania and ohio again. that's what the debate will be about. we'll see things come down. i'll make my decision probably in the march/april timeframe. >> jeb bush was said to have taken a shot at republicans yesterday saying the gop doesn't need conservatives to win the white house. what it needs is a candidate who

would be willing to lose the primary in order to win the general. your thoughts on that? >> i think your first mistake is when you talk about conservatives in the third person. if you don't consider it's a "we" rather than "them," you miss what's going on in the republican party. we are a conservative party. as a conservative, i can't understand referring to conservatives in this third person. >> rand paul, good to see you senator. >> thank you. >> up next eric holder says problems discovered in ferguson threaten the entire nation. now he's doing something about our nationwide problem of law enforcement engaging in racial profiling. my next guest says the nation ap top cop is himself, helping fan the flames in this situation. milwaukee sheriff david clark is here next with a very unique perspective. >> our police officers cannot be and cannot be seen as occupying

force disconnected to the communities that they serve. amam

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but the problems we must confront are not only found in ferguson. the issues raised in missouri are not unique to that state or to that small city. we are dealing with concerns that are truly national in scope and that threaten the entire

nation. in the coming days, i will announce updated justice department guidance regarding profiling by federal law enforcement. this will institute rigorous new standards and robust safeguards to help end racial profiling once and for all. >> well, that was attorney general eric holder just last night night, the nation's top cop basically saying that ferguson is just the beginning of a bigger policing problem across america. but my next guest says that could not be further from the truth. david clark is the sheriff of milwaukee county, wisconsin. good to see you tonight. you made headlines not long ago after eric holder came out and claimed that he'd been the victim of racial profiling himself and was pretty tough on the cops, and you said, you know what?

don't do us any favors by condemning law enforcement with such a broad brush and not backing up stories that were not documented at the time. how did you react when you heard him last night? >> well, megyn, first of all, it's a pleasure to be on with you. i was willing to give eric holder a do-over after his initial stumbling out of the gate throwing law enforcement officers under the bus following the tragic shooting of mike brown by a ferguson police officer. but he comes out yesterday and he doubled down. i became disgusted. he came out with these scurrilous claims that law enforcement officers hit the streets every day with some nefarious intent in their heart to deny people their constitutional civil rights and indiscriminately just shoot black males as if it were some sort of sport. that's irresponsible for a person in a position that he holds, as you indicated, the top cop. but he's abandoned his duty really to be impartial in this stuff, to keep his powder dry.

he knows how due process works. he knows what justice is, what it's supposed to look like, anyway. he claims he wants justice for all, but apparently he doesn't want justice for police officers. >> what do you make on the racial divide on what's happened in ferguson with only 59% supporting the grand jury's decision not to indict this police officer. the congressional black caucus group said that it came out that black lives have no value in america and cops can kill black teens with impunity. >> garbage. garbage. and i heard some of the exchange between you and the congressman, and quite frankly, you were wasting your breath in trying to reason with him. he knows better, but he's caught up in the emotion of this thing when he makes statements like that or the congressional black caucus does that black lives don't matter.

i reject that sort of thing. now, look, race is an explosive issue in this country. has been for a long time. i don't know if it's going to get better. but it was improving. there's just no doubt about that. anybody that would deny that is not living in reality. but that wound has been opened again. and some of it is because of the divisive politics that the white house has been playing. you know, look at the political strategy that's gone on. a fictitious war on women pitting men against women, fans the flames of racial discourse, pitting white against black, this class warfare, 1%, tax the rich on and on is pitting american against american. that wound is beginning to open again, unfortunately. and people are benefiting politically from it. the president of the united states and eric holder, what they say matters. when they say things, people listen. these are smart men. they know that words matter. they need to choose their words

carefully because when they speak, they need to speak for all americans. what i've heard over the last couple of months since the ferguson incident, these two men have taken sides. that's not healthy for the american people. >> still, when you see what's happening in ferguson and you see, you know, riots, riots on the street and looting and arson and in response to this grand jury decision and i will grant you that the story being told on a lot of news channels and by folks like al sharpton is extremely one-sided. they don't bother the give the officer his due. but there's clearly strong anger, anger in some of these communities. what explains that? >> well, a lot. first of all, you know, the rioting that went on -- look, people are frustrated and angry, they have to find a more socially acceptable way to deal with that anger and frustration. but let's look at some of the things that give rise to that anger. people can't find meaningful

work. people have to send their kids to failing schools. people are living in entrenched poverty and crime-ridden neighborhoods. that's what they're very frustrated about. that frustration has been deflected on to a situation like a police officer shooting of an individual and then this thing erupts. i wish i would have been invited to that white house summit, although it was nothing more than kabuki theater yesterday. i would submit to the president, you spent a trillion dollars on a stimulus package promising a robust economy that would produce jobs. mr. president, where are the jobs? if people find meaningful work that occupies their time and you don't have all these individuals just, you know, idling around, building up frustration and anger because their life isn't going the way they thought it should. i would say, mr. president, why do our kids in central city, america, why do we have to send our kids to a failing school system, a failing k-12 urban school system that's going to shackle them to a life of crime

and violence and they'll never reach their god-given potential? why can't the parents choose better schools for their children to attend? why do you continue, mr. president, to support anti-poverty programs and initiatives that have worsened poverty over the last 50, 60 years and hasn't gotten better? if you want to do us a favor at the local level, why don't you issue an executive order calling for an audit of every anti-poverty agency initiative in america and let's stop propping up this walefare state that's done nothing more than hook these individuals living in these american ghettos on the handouts. >> what do you think of al sharpton. do you think he's well meaning? >> not at all. he's self-serving. he's exploiting a situation. but that's his shtick, megyn, you know that. he's a provocateur. al sharpton is a -- i read where

he said he's an adviser to president obama. i have a lot of respect for the office of president, i have a lot of respect for the person that holds that office. but i have to question the judgment of anybody who would take advice from al sharpton. when he shows up, nothing good ever results. >> you're a sheriff for milwaukee county. do you have any aspirations toward higher office? >> no, megyn, i'm happy to serve in this capacity here in milwaukee county, but i never say never. i take life one day at a time. we'll see what the horizon looks like and we'll take it from there. >> something tells me we have not heard the last of you, sheriff. thanks for coming on. >> my pleasure. >> it was a massive tack attack on sony pictures. and now north korea is at the top of the suspect list. up next, why the fbi has now issued a nationwide warning about what it found when agents went digging. vo: you get used to pet odors in your car.

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test. test. test. test. here's some news you may find surprising.

we're for an open internet for all. we're for creating more innovation and competition. we're for net neutrality protection. now, here's some news you may find even more surprising. we're comcast.

the only isp legally bound by full net neutrality rules. developing today, the fbi is now investigating a major hack attack that infected sony pictures network last week. and you will not believe who is at the top of the suspect list. trace gallagher has more from our west coast newsroom. trace? >> megyn, north korea is the prime suspect in that hacking of the crippled sony pictures. because as soon as they learned that sony was creating a film about planning to assassinate kim jong un. north korea declared war and vowed to destroy anyone who would defame their leader. the hack started when a picture of a skeleton appears with a message claiming they'd been hacked by guardians of peace or gop.

e-mail and internal systems were knocked out and the names and salaries of execs who make at least a million dollars were also posted. experts say north korea has the resources to pull it off and would like nothing more than to s let the world know what its capabilities are. but some believe it could all be a bait and switch hack attack. listen. >> everybody already assumes that north koreans are mad at sony. that's what's going to be the story. oh, we're going to have so much fun while they're paying attention to that and we're actually coming in from some other country or even somebody inside the united states. >> and even if north korea is not behind the attack, experts say it's still a victory for kim jong un because it makes his country look like a world cyber power saying, quote, this helps them keep the promise of relentless revenge on anyone who tries to tarnish the image of the great leader. and so far, it should be noted that north korea has not denied the attack. megyn. >> trace, thank you. we'll be right back.

but first coming up on "hannity." >> in the black community under our first black president and first black attorney general, it's miserable. high unemployment, the schools stink, and they oppose school choice. what else is going on? black on black crime is through the roof. nine out of ten blacks are murdered by blacks. you've got gang violence in inner cities like chicago. what are they doing about it? nothing. when they met on monday, did they talk about it? not a word. and if you missed the fiery ♪

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and if you missed the fiery debate with congressman al green or rand paul or the sheriff, go to facebook.com/thekellyfile. let us know what you think. follow me on twitter @meggyn kelly. tomorrow night the st. louis county police chief in his first interview since the grand jury decision right here. folks have been critical of the chief asking where his force was when the ferguson business owners were getting looted, when their stores were being burned to the ground, was there a conscious decision to stand down? i'll ask him tomorrow night. set your dvrs. thanks for watching, everyone. i'm megyn kelly. this is "the kelly file." >> i'm iran launching fighters against isis iraq. they believe it's the first

cross border attack. heavy rains and the threat of mudslides forcing the evacuations of dozens of homes in southern california. the national weather service predicting up to 6 inches of rain, authorities warn homes below wildfire charred hills are particularly vulnerable to mudslides. the figures are here and cyber monday was a record setter. americans spend $2 billion in one single day, more than any on line spending day in history. people spent 17% more than this cyber monday than a year ago. i'm kelly wright. hannity starts right now. for all your headlines log on to fox news.com. ♪ welcome to "hannity." coming up tonight we've got brand new exclusive video from inside yet another store being destroyed by looters in ferguson, missouri. you'll see that footage only