tonight. ms. megyn is up next. i am bill o'reilly. please always remember the spin stops here. we're definitely looking out for you. breaking tonight, in less than 24 hours democrats in the senate will release hundreds of pages of controversial previously classified cia information. and nearly everyone in the government, the military,the in will put american lives at risk. so the question tonight, why are they doing it? welcome to "the kelly file" everyone. i'm megyn kelly. the senate intel committee report on the cia enhanced interrogation techniques against terrorists detainees has been five years in the making. tomorrow, over the objections of the cia, fellow lawmakers, the secretary of state john kerry and former president george bush, democrats will make it

public. in advance an advisory has gone out to all u.s. personnel overseas warning them to reassess their security measures ahead of the expected potential backlash. undercover cia officers are fearful that they may be exposed despite the fact they've devoted their lives to trying to protect us. and it is accepted that this may put them and others in harm's way. >> i think this is a terrible idea. so our foreign partners are telling us this will cause violence and death. our foreign leaders who approach the government and said you do this this will cause violence and death. our own intelligence community has assessed that this will cause violence and death. >> the release of the report could lead to a greater risk that is posed to u.s. facilities and individuals all around the world. >> a lot of officers fear there will be enough details in the

report that their true identities could be revealed. >> joining me now judge andrew napolitano who is fox news senior analyst and buck sexton former cia officer and nypd specialist. we begin with the judge. you think this is a good thing? >> well, i'm sorry that the report is written and i'm sorry what's in it. but in a democracy the american public has the right to know what's been done in their name especially when they've been misled about it. the american public is also entitled to know that the laws that govern the rest of us also govern the government. >> they're entitled to know even if it's going to endanger the lives of the intel community and those operatives who are still working on our behalf right now. >> the report is not going to endanger lives -- >> yes, it is. >> what the people in the report did is going to endanger lives. >> that's splitting hairs. >> no, no -- >> i'm sure that's going to come as a big comfort to the families of the dead analysts we're going to see. >> it's terrible what these

people did what this report says they did. dianne feinstein is the chairwoman of the senate intelligence committee. theoretically it's her committee that authorized this. either the report is going to say they went beyond the authorization or the cia lied to her about what happened. >> that is what it's going to say according to reports we've read this is according to reports from cbs news that it contains evidence the cia went beyond what was legally allowable and that the agency lied to the white house, the department of justice and congress about the effectiveness of the program. however, catherine herridge came out with this right before we went to air and we've heard it before. the cia, the intelligence community is saying and has said for years that house oversight leadership including nancy pelosi and others were briefed. they were first briefed in 2002 one month after the enhanced interrogations began. and what did leadership tell the cia who was briefing them?

do whatever it takes to prevent another 9/11. >> that is the darnedest thing about this report. because if the defense is you senator feinstein are our regulator and authorized everything in here, then i don't know why she's releasing it other than because, here's the genesis of it, cia is prohibited from spying domestically. she argues the cia spied domestically and one of the victims was her. >> she's ticked off they spied on her. i get that. but you don't put american lives in danger for that reason. >> she's going to argue that the american public has the right to know. and that i agree with her. >> is it news that there was an enhanced interrogation program that we used that we waterboarded and used some other technique, is that news still? if it was incrementally bigger and worse than that, is it worth risking the lives of these americans? >> you have to ask senator feinstein. she apparently believes there

was such misrepresentations made to her by john brennan -- john brennan wasn't in charge at the time. >> why does she get the power to effectively order the executions of people? that's what the cia is saying, that they are worried people are going to get killed because of the release of this information. and they say what's not in this intel report is the context, the fact this is from herridge right before air that obviously this is 2002 when the cia program began. right off our cia operatives captured the chief shot during the capture they wondered if he was going to die but he clammed up. and they say the cia officers were reading "new york times" obituaries of the victims daily and view more than 40 beheading videos most classified including that of "the wall street journal," daniel pearl, these guys were told to do it. house leadership was briefed. and now we're going to hang them out there to dry endangering their lives. that's what they say.

>> here is the killer in this report. the report is going to say that none of this torture provided actionable intelligence. the cia is going to dispute. that and senator feinstein apparently has in there support for her allegation. but if what she said is believed by the american people, then all this lawlessness was for not. >> listen to the man who ran the interrogation program. he ran it. he wrote a book a couple of years ago. he went on a very limited pr campaign to promote his book. and he sat down with our own sean hannity. listen to what he said about whether there was actionable intelligence. >> we got a lot of information from the detainees that eventually led us to bin laden. >> and that's a fact. >> that's a fact. there was someone that we captured, a facilitator we captured in 2004 that told us about bin laden's courier and gave us a shooter name al kuw t

kuwai kuwaiti. >> a former cia officer to -- once will was broken, he was one of the three waterboarded, he generated more than 2,000 intelligence reports, some of which still being drawn on today. >> here's what started all this five years ago, this investigation by the senate intelligence committee. the destruction by mr. rodriguez of the tapes of the interrogation which was proof -- >> he said he did to protect the cia officers whose lives would have been in danger. >> his word against senator feinstein's word. >> she's ticked they spied on her. she needs to take ut up with her therapist and the head of the cia, but to risk lives because of that raises serious questions. thank you. standing by, buck sex tob. your thoughts. >> there's nothing to be gained what the progressives are doing here. there's actually a lot to be lost -- >> wait, is that true?

because we say and many say all the time sunlight is the best disinfecta disinfectant. and if our cia is in fact lying to congress, is in fact going beyond the limits set by the overseers, is that not news? newswort newsworthy? and something the public should know? >> the cia is one of the most organized on the planet. the idea they weren't briefing is flatly false. it's a lie. you can believe honorable people like jose rodriguez and others who put their lives on the line to try to defeat al qaeda after 9/11, we all know exactly what the level of the threat was, even after the towers came down and the pentagon was hit. you can believe those individuals, the cia directors or you can accept the fact that a bunch of democrats who are somehow releasing at this point in time are not being partisan, are not trying to score political points. i think it's pretty clear. >> here's what feinstein told the "los angeles times," the

harsh -- undermine societal and constitutional values that we are very proud of. anybody who reads this is going to never let this happen again. is there not value in telling the public just how bad in her view it was, and there are mixed feelings on whether this was bad, just how bad it was in her view and letting people decide for themselves whether we need to allow this even in the wake of a war in the future? >> but we already know, megyn. we already know what was done. we know what the techniques were. we also know by the way even in some u.s. military training very similar techniques are applied to our soldiers to prepare them for what could happen -- >> this report is going to prove the cia went beyond what was legally allowable. and then they lied about the effectiveness of the program. if that's true, if the cia was lying, is that not relevant? >> let's keep in mind they're assuming a report put together by democrats over the objection of previous cia directors is not

partisan hatchet job. i think that's a pretty big leak given everything we've seen. and yet again the administration has to recognize that the ramifications will be nothing but negative for national security. everyone understands this will put people in jeopardy. and just as when the "new york times" ran over and over again stories about aub ghraib despite the fact that was direct incitement for u.s. troops on the ground. the whole world had to hear every day for a month, they recognize this will have a similar effect. >> that was exposure of a program of behavior we didn't know about. this is an incremental increase from what i've read so far in a story we already know about. i mean, the fallout from this has already occurred. and now it's like more people need to die so that we know exactly what more -- the tiny incremental changes. maybe they're huge incremental, they're not incremental, we'll find that out tomorrow. but if it's small, if it's incremental, if it's score

settling by a congress that's ticked off congress spied on it and americans die, americans who are only trying to protect us, is that right? >> no. i think members of congress here are trying to rewrite history especially when they were caught in a big fib. nancy pelosi wasn't briefed on this. they use this as an opportunity to rewrite history for their own purposes. but there's nothing that will come -- and a lot of bad can come with this. we are engaged right now in military operations against the islamic state in iraq, in syria. we're trying to put together, at least the white house is supposedly putting together a coalition to deal with this problem. we do have some issues with some of those allies in the region. this is going to make all of this much more difficult. and it's going to tell islamists around the world, you know what, america is someone you should go after. i'm not talking just hard core jihadists, people who already signed up for the islamic state, i mean those on the fence, those who may join up. they will see this report and decide it's time to kill some

americans. >> another recruiting tool. i want to tell the viewers that the white house said today the president believes on principal it's important to release this report so people around the world and people here at home understand exactly what transpired. buck, thank you. we will pick this up tomorrow night once that report is issued and have full analysis right here. in the meantime tonight, new fallout for rolling stone magazine as the story about the alleged rape of a university of virginia freshman runs into serious trouble. up next, the new problems with that report. the new questions about this reporter. and the new suggestions from some on the left that the facts do not matter. plus, a retired white house reporter with decades of experience on the job is now telling stories about how president obama would launch into "profanity-laced tirades" at the press. and wait until you hear why.

>> i have seen in the last year barack obama really angry, twice. both were off the record times. one profanity-laced where he felt the press was making too much of scandals that he didn't think were scandals.

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virginia. it now admits that the alleged victim, jackie, is "unsure about certain details she originally offered that wound up in print and that it was a mistake not to contact any of the accused for their side of the story." the magazine now saying in part "in trying to be sensitive to the unfair shame and humiliation many women feel after a sexual assault, we made a judgment, the kind of judgment reporters and editors make every day." howard curts, host of media buzz here on fnc. as for the shame and humiliation that young men feel when they are falsely accused of rape, rolling stone has issued no such apology. >> this story, megyn, is so riddled with errors and missteps and now a bungled apology and there's even question that mr. jackie, the accuser, knew which fraternity she was accusing of being the host of this alleged attack.

amounts to journalistic malpractice. but there's also a question of agenda-driven journalism here. >> meaning what? >> meaning that i happen to dig up today a speech by a guy who just showed supervised managing -- speech was titled in defense of biased reporting. he said biased reporting is more honest than straight journalism, but said you have to be more careful about the facts. that clearly wasn't the case and rolling stone no secret it's a liberal magazine wanted a sen sensational story. >> and now they're expanding their apology. but it's not really having much effect on many of the student body, or maybe it's just the far left. you tell me. here's an example. this is one kid by the name of rex humphrey, second year there who pledged a fraternity last spring. this is, i believe, from politico today, this weekend. if we're being honest with

ourselves, no matter specifics of the article are true, reading the article as a college student you know you were thinking this could happen. your first reaction is, not this is preposterous. really, rex? that's not true at all. those of us who lived through something like the duke fake rape case and don't believe that anybody who goes to an elite university and happens to be in a fraternity is some elitist criminal. it is hard to believe. it is hard to believe that there would be a gang rape involving nine men and there'd be no arrests no one would turn anybody else in. just another night at the frat house on the campus of uva. >> i know you investigated the duke rapend it is hard to take on one of these cases because you can be accused of sexist, mo -- >> the facts don't matter because this happens all the time. i'm sorry, that is complete

garbage. when i read that it makes me mad. i looked also into the reporter, rolling stone did this story a couple years ago she did a piece for rolling stone about a school district in minnesota where four out of nineteen suicides involved kids who were gay or perceived to be gay. now, the headline on this piece a couple years ago was "one town's war on gay teens." the sub headline, in michele bachmann's district. although a critic of ho mo sexuality, has nothing to do with the homicides, dragging her into it whether the article is accurate or not whether the superintendent in this case called the article a brutal and distorted attack, maybe it was, maybe it wasn't. but suggests a pretty blatant political agenda. >> rolling stone has an issue here because they went onto try to talk about why they believe, why they put so much trust in this woman's allegations. i'm not saying it's not true, but the reporting on it has been egregious. and they've undermine

whatever -- if it is true they've led the nation to now disbelief this woman. they wrote why they didn't question her credibility, in the months the reporter, the alleged victim said or did nothing that made her or roller stone's editors fact-checkers question her credibility. she had spoken of the account in campus forums. and "the washington post" does the story today and to their credit they've been breaking a lot of the problems with the story also talking about how her friend, jackie's friend, says it's not a hoax because after the alleged event jackie became more and more depressed. that proves nothing. nothing. that is journalistically meaningless. >> that is not what we call corroboration. and doesn't seem like rolling stone reporter talked to many of jackie's friends. because if she had she would have found out what "the washington post" reporter learned they had come to doubt her account, they changed number

of attackers allegedly involved, not seen after the attack wearing a bloody dress because she'd been hurt by some glass from a glass coffee table. so many contradictions that were just waved away. the kicker here, megyn, is we now know jackie herself asked toward the end of the process to be taken out of the article. if that isn't a giant red flag for publication not to press the publish button, i don't know what is. >> see you sunday. >> thanks, megyn. prestigious law school tonight getting attention for the message it sent to students who might feel traumatized by grand jury decisions in new york and missouri. wait until you hear what they're doing. and up next a retired abc journalist detailing what she calls profanity-laced tirades by president obama. patented sonic technology with

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breaking tonight, new

protests in new york over two recent grand jury decisions acquitting white police officers in incidents involving black suspects. and as we watch this right here, one of the most prestigious law schools in the country is tonight getting national attention for its latest message to students. columbia law school notifying students today that for those who are just too upset by the grand jury decisions, they can reschedule their exams. adding that these cases have "shaken the faith of some of the integrity of the grand jury system." threatened to "undermine a sense that the law is a fundamental pillar of society." and that the option to postpone is apparently in accordance with policies that allow students to reschedule in the event of illnesses, religious observances or deaths in the family.

i hope the law schools get the judges in america to adopt a same policy for when these future lawyers need to appear in court when anything upsetting has happened in their lives so they can get a postponement. because that's how life works. if you're upset about anything, the judge looks at you and says, okay, cupcake, tell me when you're ready to stand up and argue. moving on. also developing tonight, retired abc news journalist ann compton is getting national attention after she recently detailed how president obama launched into "profanity laced angry speeches at the press in some off the report meetings." trace gallagher has more. >> ann compton's interview lasted an hour and asked about all the presidents in her career. describing gerald ford as open and accessible, ronald reagan captain as ship of state. george h.w. bush was kinder, gentler, bill clinton was a

fighter. and george w. bush, to use his words, misunderstand estimated. she said this about president obama. >> i guess the way i'd sum him up, barack obama clearly likes campaigning. and i'm not sure he's enjoying governing with the same gusto. >> apparently the president's enjoyment of the media lacks gusto. compton told c-span in the last year she saw the president really angry twice. watch her again. >> one profanity-laced where he felt the press was making too much of scandals that he didn't think were scandals. another where he took us to task for not understanding the limits he has with foreign policy and the way he's dealing with the middle east and iraq and afgh afghanist afghanistan. >> compton adds he's willing to give the press hell, but not as willing to give them access calling this administration the most opaque she has ever covered. saying part of that is because

he has his own journalistic tools like his own vid videographer and his own weekly newscast on whitehouse.gov. she says other presidents have been far more forthcoming. listen again. >> we cover what we are allowed to cover. and when policy decisions and presidents are inaccessible and don't take questions from the press on a regular basis, i think they get -- they reap what they sew. >> and of course compton's just the latest journalist to complain about a lack of transparency in the obama administration. megyn. >> trace, have you ever called up and said i saw something really upsetting and i just don't want to report today? >> well, it didn't work. >> yeah. >> yeah, it doesn't work. >> as it turns out in most institutions in america you actually have to function at your job even if something has upset you. even if it's something that has absolutely nothing to do with you directly. they want you go to go out and do your job anyway. it's amazing.

>> it is amazing. >> we need the clients who hire these future lawyers. >> we never call in sick. we're too tough. >> something else, sometimes you're fine, you go into court and something happens in court that makes you very upset. and you better be able to function despite your upset. all right, trace, see you soon. i need a break. no. coming up as new protests break out over ferguson and new york city, president obama takes to tv to address the issue of racism in america. >> we're going to have more conversations like this over the coming months is this isn't going to be solved overnight. this is something that is deeply rooted in our society. it's deeply rooted in our history. >> up next, the debate over whether the president has picked the right moment for this conversation. plus, a special guest on "the kelly file." get this, yes, piers morgan. yes, that piers morgan, joins us

live on his predictions that he would kill "the kelly file." no, that's not what he's here to talk about. we're going to talk about "time" magazine's top eight finalists for person of the year including one of the people who burned down ferguson, missouri. s ♪

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and a free 30-tablet trial. being that my father was black and the officer's white, that's different races. but as far as the situation? i can't really say it's like really a black and white issue. it's about the police officer and abusing their power. >> i feel that he was murdered unjustly. i feel like -- i don't even feel like it's a black and white thing, honestly. you know, in my opinion.

i don't really feel like it's a black and white thing. >> that was the widow and the daughter of eric garner both saying they do not think his death in staten island at the hands of a new york city police officer was racially motivated. but protesters across the country seem to think differently including some who are looting and vandalizing this weekend in berkeley, california. tonight, president obama weighed in on black entertainment television. >> part of the reason i got into politics was to figure out how can i bridge some of those gaps and understanding so the larger country understands that is not just a black problem or a brown problem, it is an american problem. so we take this very seriously, eric holder obviously takes it very seriously. he's got a similar set of stories and experiences he can share. but we have not seen on television for everybody to see gives us an opportunity to, i

think, finally have the conversation that's been a long time coming. part of what i think is so heartbreaking and frustrating for a lot of folks when they watch this is the recognition simply by virtue of color you've got less margin for error. that's particularly true for black boys. young men, teenage boys sometimes they're going to do stupid stuff. that's true whether they're white, black, hispanic. it doesn't matter. we want them to be -- >> you heard he thinks there's a difference if you are a young teen of color. our chief white house correspondent ed henry just filed this report. >> megyn, significant because these were the president's most extensive comments yet on that videotape in the eric garner case the president clearly trying at least to calm the situation saying eric holder,

the attorney general, did the right thing by opening a federal investigation to get to the bottom of this. also the president praising these protests saying most of them have been peaceful. but the bottom line is when he was elected there was this bipartisan hope that maybe a new day one don awn on race relatio but today a new poll saying the opposite. 53% saying interactions have deteriorated since the president took office when josh earnest tried to dismiss this saying we're far better off than we were 40 or 50 years ago. i pressed him. >> this poll is about today and saying, wow, yes, the country yes has made progress. a majority of americans believe that relationships have deteriorated. >> yeah. and i guess what i'm saying is the people who are able to step back and dispassionately curre race relations in this country

would acknowledge two things. one is that we've made tremendous progress. but they would also readily acknowledge there's more important work that needs to be done and this is work that the president is committed to. >> also worth watching is that all of this could complicate loretta lynch's nomination to replace eric holder as attorney general. remember, she's overseeing the federal investigation into eric garner's death. the white house officials still believe she's well qualified and that in the end the senate will confirm her. megyn. >> ed, thank you. bret stevens is a foreign affairs columnist for "the wall street journal" and joe hicks vice president of community advocates. joe, let me start with you. the president speaks of how racism is deeply rooted in our country's history. and then seems to be tie thag to these cases by suggesting young men of color have less margin for error and that i suppose he thinks is something we've learned from ferguson and staten island. >> you know, it seems like whenever the president weighs

in, whether it's the situation with, you know, henry lewis gates up at harvard or trayvon martin saying he would have looked like a young trayvon martin, he always weighs in how people can take what they want to hear out of it. and any activists listening hear the message that if you know if you're black in america you have a rough road to hoe. so feeds into this victimization ideology that too many in this country have that are black and activists and that's really very unfortunate. you'd think after six years the president would have figured out and been able to utilize his biracial background to weigh in a far more progressive way on this. very disappointing comments here. >> what do you think? his remarks sounded down on the state of things in america and yet the polls seem to bear him out that race relations have gotten worse according to poll.

>> we are no longer in the late 1950s or '60s. obviously there's been tremendous progress. but i think one point that needs to be made, i'm the foreign affairs columnist for "the wall street journal." i've lived all over the world. i've traveled all over the world. i think the united states is almost certainly the least racist country i have ever lived in. i mean, maybe you could point to a handful of exceptions. but i'm hard pressed to think about them. and it would be good to have the president take note of that. i think it would also be good to have the president take note of the fact that what happened in ferguson, what happened in staten island was many things, but it was not really centrally a racial issue. i mean, you can talk about the level of force that police are inclined to use. you can talk about what's going on in inner city communities, black-on-black violence. there are all kinds of issues. i happen to agree with eric garner's family saying if nothing else this was not a black and whitish shoe -- issue

>> isn't that extraordinary you have the family of eric garner saying this is not a black and white issue, yet p-- are suggesting it is. >> i guess the family hasn't gotten the memo from al sharpton yet. i'm sure he'll have them singing a different tune very quickly. yeah, i think it's significant that you hear this sour note hearing from the mayor of new york as well as from the president of the country, yet you have a couple of relatively unsophisticated working people who just out of the gate tend to see it in a much more different way. and i think that's something very significant about the leadership ranks of this country, the elites of this country and what people at the grass roots in a daily way tend to see things different. >> and whether this is being used by some like sharpton as

opposed to get to the bottom of what happened. up next, we have an exclusive from the new york city police. [ male announcer ] it's a warning.

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african-americans exaggerate, his word, about police misconduct is not necessarily true. this comes on the heels of the decision by a pair of grand juries, one in staten island and one in ferguson, missouri, not to indict two police officers in the death of two african-american men. my next guest has helped present and provide legal council to one of those officers. patrick lynch is the -- thank you very much for being here. i know you haven't spoken with any journalist on this. you're dealing with a death in the family and our condolences on that. >> i appreciate your saying that. >> let's talk about how the police too brutal it's proved that those are not always exaggerated. what we saw in staten island is an example of police gone awry. >> it's absolutely not. what it is is police officers responding to the community who called and said there was a problem there.

the problem in this particular case is that mr. garner decided to resist arrest rather than comply with the police officer. and resisting arrest leads to struggle. struggle unfortunately leads to a tragedy. it's not about racism. it's about your behavior. it's about what you're doing and what the community is calling the police about. >> what did you make of the president speaking about his experience growing up as a biracial young man, eric holder has spoken about that in the context of these two cases, and mayor de blasio talked about advising his son to essentially be wary of the new york city police force given his biracial -- given that he is biracial. >> what they also should be explaining to your sons and we should explain to all our sons and daughters is that's the police who stand between you and the criminals. what we should teach our children to be afraid of is the criminals the police officers are going after. and that you should run towards the police when you need help.

and most people do exactly that. >> but what do you make -- there are many watching this program right now that say no african-american young man is going to run toward a police officer after what they saw happen in staten island. because they believe, as the president suggested, that you are not going to get the benefit of the doubt if you are a young black man. >> i disagree completely. i have 31 years on the job. and not once have i ever been in a radio car when a radio run came over, a 911 call and we said what color are they, who do they love, who do they live with, we respond to help those people. and the thousands and thousands of lives that new york city police officers and law enforcement save each and every day. >> but what happened in this staten island case? critics say, a, that was excessive force for a small crime selling loose cigarettes. and, b, eric garner's humanity was forgotten when he was suffering on the ground and no one appeared to be helping him. >> number one, if the mayor of the city of new york wants us to lay down against crime, then let

us know that's what they want to do. but it's the community that called and they responded to their hundreds of calls saying there's a problem on that corner. the problem there was mr. garner decided, and he said, i'm not going to go. he decided to resist arrest. well, a police officer doesn't have an option just to walk away. nor do we want them to walk away. because someone called. it's important to someone that picked up the phone and called 911. now, experiencing people's lives, i can't get in someone's head and i can't change what happened in the past. but the new york city police department is responsive to all the community. we're the most diverse police department in the country. we're the most restrained police department in the country. and we work in the most diverse neighborhoods. and we do it well. >> what kind of sect are the protests and the injection of race into this and so on having? because we heard today that there was a credible threat to shoot an on-duty police officer in new york. that this information has been verified and cops are being urged to wear their vests and carry their firearms even off

duty. >> it's difficult to be a new york city police officer at any time. but this time when you're looked upon as negative because our leaders are stirring the pot rather than leading. look, there's always things you can do better and no one denies that. in this case it's a tragic loss of life. it's always tragic when anyone dies. it's even tragic for the police officer that has to live with that. but they should be leaders and bringing people together, not separating and dividing. >> has mayor de blasio been a leader? >> mayor de blasio is saying to young people you should be afraid of the police. meanwhile he's surrounded by new york city police officers that protect him and his family, that will lay down their lives for him and his family. since 1999, 80 police officers were killed in the line of duty. they weren't doing it because it's fun. they're doing it because it's a difficult job, but they're dedicated and do it anyway. >> patrick lynch, thank you, sir. >> thank you, megyn. up next, "time" is about to name person of the year. and the folks who burned down

ferguson, missouri are high up on the list. up next, we will hear about that from our special guest first time on "the kelly file" because he used to be up against us and he wasn't available at 9:00 p.m. we may talk about that too. piers morgan is next. this tylenl arthritis lasts 8 hours but aleve can last 12 hours. and aleve is proven to work better on pain than tylenol arthritis. so why am i still thinking about this? how are ya? good. aleve. proven better on pain.

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"time" magazine releasing its top eight finalists for person of the year in 2014. so who's on the list? piers morgan. no, but he's here to talk about it. he's editor at large now at the daily mail. piers, great to see you. >> before we get further, kill the elephant in the room right away. so when you started at 9:00 and you were up against me i tweeted you saying "bring it, megyn kelly." and the mere fact i'm now a

guest on the show indicates that you brought it. so congratulations. >> thank you very much for being such a gracious loser. we appreciate it. >> well, temporary loser. >> loser? who said anything about loser? >> don't mention the l word. i couldn't do it before. i was up against you. >> now we are your selection at 9:00 p.m. >> i agree with a lot of what you say. which is a quite disturbing revelation. >> perhaps not the brand you expected when you spent too much time at "the huffington post." >> that may be true. >> let's talk about ferguson thing. protesters, are they your favorite to win? >> they are. i didn't like the looters, the criminals, the thugs. >> what is it about arson that appeals to you? >> no, not that. i think peaceful protest when executed properly often is the only way to actually effect real change. and america has a massive problem right now with the justice system and the perception of it amongst the black community. and they have a damn good point.

i was watching coverage earlier of eric garner's death. that man was just killed on the streets of new york in a chokehold. i don't care what defin he put his arm around, he was choked to death. in any normal country in the world that policeman -- >> he was resisting arrest. piers, if somebody stopped you on the streets of new york -- >> we're seeing the video. >> i'm playing devil's advocate. for doing what you shouldn't do and under arrest, you would comply. you'll say i'll see you in court. >> i agree. and i have great respect for nypd. megyn, we've seen the video. and that man is not aggressively resisting arrest. and he is slammed to the floor -- >> but they don't know that. >> he repeatedly says i can't breathe, i can't breathe, i can't breathe. >> i'm playing devil's advocate. here in new york the protesters have been peaceful. in ferguson we saw arson, stores looted, burn this b down and so

on. so if they wind up person of the year and there's other things like the guy who brought it to new york, ebola, kaci hickox -- >> people are going to get upset. >> they should get upset. but everyone in america needs to wake up to the reality of the grand jury system and the way it is played out with the michael brown case and now with this case. to me it is unfathomable these policeman have not had to face a proper jury. >> piers, lecturing people on the american justice system does not go over well. good luck. great to see you. >> nice to see you. >> we'll bight b right back. my hero and my dad. military families are uniquely thankful for many things, the legacy of usaa auto insurance could be one of them. if you're a current or former military member or their family, get an auto insurance quote

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so that was interesting. let me know what you think on twitter. see you tomorrow. welcome to "hannity." tonight it is mayor versus mayor here in new york city. in a moment rudy giuliani will be here in studio to react to comrade bill de blasio's comments attacking him on race in america. but over the weekend the mayor doubled down on his emotionally and extremely personal comments about his own son following the grand jury decision not to indict nypd officer daniel pantaleo in the death of eric garner. take a look. >> it's different for a white child. with dan te very early on, with my son, we said, look, if a police officer stops, you do everything he tells you to do. don't move