Skip to main content

tv   The Kelly File  FOX News  January 5, 2015 6:00pm-7:01pm PST

6:00 pm
tonight. ms. megyn is next. i'm bill o'reilly. please remember the spin stops here because we're definitely looking out for you. breaking tonight supporters of america's police departments say they have had enough and are planning a massive new show of support as protest groups go to new lengths about their complaints of the men and women patrolling our streets chlts welcome to "the kelly file" and happy new year everyone. i'm megyn kelly. tonight, we are learned about a planned march on our nation's capital scheduled for later this month organized by law enforcement families fed up with their loved ones being labeled as racist. it follows a series of heated confrontations recently including this exchange just days ago in st. louis. >> go!
6:01 pm
go! go! go! if you're going in, go! >> protesters storming police headquarters. only to get pushed out and pepper sprayed. skb then there's this scene in portland oregon sunday. >> we're going to -- in respect. [ inaudible ] >> demonstrators disrupting a senators town hall as he was trying to award medals to a 100-year-old world war ii vet. you will hear that vet's priceless response in a moment. and watch this. >> killed by the police and vigilantes trayvon martin, 17 -- >> sunday brunch interrupted in a couple of cities and scenes reminiscent of sit-ins. protesters choosing restaurants they claim are "white spaces." trace gallagher has new details on all of this. trace. >> megyn 100-year-old navy
6:02 pm
veteran was about to receive seven medals for heroism in world war ii. but while senator was trying to present the medals, widen was shouted down by protesters. listen. >> i can't breathe! i can't breathe! i can't breathe! >> that went on for 15 minutes. and for the vet and his family the long-awaited day of recognition was in danger of being drowned out. finally, out of respect for the war veteran the crowd relented and the hero took matters into his own hands. listen. >> at least let's show a little respect for this -- >> and while the ceremony was going on inside, more protesters were outside trying to force their way in. a security guard tried to hold them back, but that did not go over well. listen now to this back-and-forth. >> where are you from?
6:03 pm
>> hey hey, hey! >> i'll break your jaw. you're messing with a heavyweight boxer. i'll break your jaw, old man. >> protests are also continuing in st. louis, but instead of trying to shut down roads and businesses the goal now is to go after the st. louis police department accusing the police of being "militarized occupying force" and threatening to reclaim the police department. listen. >> go! go! go! go! if you're going in go! >> pepper spray was used and a city marshal was allegedly assaulted inside. and in oakland, california and new york city protesters are trying a different tactic disrupting what they call white spaces by holding a black brunch. entering restaurants dressed in black and reading the names of african-americans they claim were killed by police. the reading takes four and a half minutes in reference to the
6:04 pm
four and a half hours that michael brown's body was left in the street. the black brunch protests have led to confrontations with restaurant owners, managers and customers. protesters say people should not be angry at the "brunch protesters but rather the illness of racism." megyn. >> trace, thank you. well critics are saying the latest events suggest these protests have now jumped the shark, as the expression goes. but those defending the marchers are not ready to give up the fight. joining me rich lowry, fox news contributor and mark hannah, democratic campaign veteran worked on the obama and kerry campaigns. rich, jump the shark? >> absolutely. look when you're disrupting a ceremony for a 100-year-old world war ii vet, i'm sorry you're an idiot. when you're in a room with a man like that, sit down, shut up and maybe you'll learn something. and this disruption of brunch the path of social justice goes through eggs benedict and french
6:05 pm
toast? it's completely ridiculous and there's a reason even oprah winfrey who is for -- >> they deem them white spaces, right? white spaces. >> sure. >> i mean, inappropriate? >> yeah. i mean the protesters are going out to places like they did in the 1960s to occupy places that are, you know where they don't typically have a voice. so, yeah brunch here in manhattan. >> who has a voice in any restaurant? you shut up and you eat your eggs. >> right. what they're saying their argument, their grievances, whether you agree with them or not, whether you think they are real or merely perceived, their grievances are getting ignored by largely white brunch eaters on the upper east side of manhattan or oakland. >> they are in the wrong place. new york city is not their problem. >> look, we all take our brunch seriously. there's an interesting article
6:06 pm
in christian science monitor that linked this spate of civil disobedience happening among largely black protesters with the police protesters that i agree with rich it's boneheaded for them to be interrupting the veteran's ceremony. >> yes. the 100-year-old world war ii vet. could have picked a better venue. >> what about the funeral of officer wenjian liu that happened this weekend where you had police officers protesting in a show of disrespect not only bill de blasio, the mayor, but also the liu family who invited him. so they're tying these together. and i think you have a real sort of disjuncture happening. a real tension that's flaring up. and maybe this conversation needs to be had. >> but mark, even if you sympathize with the goals of these protesters you can't seriously argue that they're doing themselves any favor by these antics and interrupting people's brunch. >> we're talking about it right now. people watching these antics on tv, it's so childish and
6:07 pm
juvenile and reminds me exactly of occupy wall street. tied to these juvenile tactics with no electoral goals. the tea party actually went out and defeated influenced the political system. >> but -- let me jump in because, mark, at the they called it the black brunch, interrupting the white spaces they happen not just in new york but in california as well. >> right. >> they got up and they argued that every 28 hours a black person in america is killed by the police. this is what they were telling the brunch eating -- those people who like their eggs who needed to hear that every 28 hours according to this group a black person is killed by police. politifact -- when that claim was made a couple years ago as completely false. in that number they include death by car accidents, death of african-americans who were inaggressive or horsestile
6:08 pm
situations. that number is inflammatory and it's false. and i'm thinking the people sitting there having their waffles may not have the facts at the ready to have an engaged debate. >> i don't think they were looking for an engaged debate. >> right. >> they went into these brunch establishments for about four and a half minutes to name off some of the victims -- >> some false claims. >> but, no they named off names of black people who have been killed by the police. and they got up -- and to rich's point -- >> who shut up and named the dead police officers killed in new york city -- >> those protesters going to d.c. you mentioned earlier. you do that very well on your show. >> they get a permit. >> what i'm saying -- yeah they didn't have permits for the sit-ins. >> correct. because there is an idea of privacy still in the country where you should be able to go tout to a restaurant with your family and not be confronted with false information. >> "new york post" wrote a lot of the diners welcomed -- it was
6:09 pm
five minutes -- >> what do you think they're going to do? get out of here, i don't want to be bothered with this? >> no, they're going to put their bellini down for five minutes. >> you want to be academic and lead at pretending you don't drink bellinis at lunch. rich, what about it? >> the whole movement -- >> they offer these statistics as an indictment of police officers in new york city, which by the way is a majority/minority force. there are more people of color in the nypd than there are white people. that doesn't matter. they don't talk about the dead cops. and then they offer stats that have been discredited. >> this whole movement is based on lies. it's based on little lies like the number you cited is based on a little lie that michael brown had his hands up and was saying don't shoot in that confrontation with officer wilson. it's based on the big lie that our criminal justice system and our policing are systemically racist. every criminalologist who looks
6:10 pm
at this concludes it's crime that -- not race or anything else. >> name one. the fact is there is -- if you are a black person compare today a white person you're a lot more likely tbe arrested. you're a lot more likely to be convicted. >> mark the tough fact is the reason young black men commit a disproportionate about of crime. once you adjust for that -- >> the statistics are exactly -- at least we're having this conversation. >> we'll have it over a bellini next time. >> and we can enjoy this conversation fair and balanced debate both sides with their bellinis at home. you can choose to watch. gentlemen, good to see you. also breaking, new york city's mayor again taking some new york city cops to task. >> those individuals who took certain actions these last week or last two weeks really, they were disrespectful to the families involved. that's the bottom line. >> former new york city police commissioner bernie kerik
6:11 pm
reacts. plus allegations of sexual assault leveled against three powerful men, bill clinton prince andrew, prince charles' little brother, and alan durs wits. and what we've learned the possible fallout when "the kelly file" comes back. i make a lot of purchases for my business. and i get a lot in return with ink plus from chase. like 50,000 bonus points when i spent $5,000 in the first 3 months after i opened my account. and i earn 5 times the rewards on internet, phone services and at office supply stores. with ink plus i can choose how to redeem my points. travel, gift cards even cash back. and my rewards points won't expire. so you can make owning a business even more rewarding. ink from chase. so you can.
6:12 pm
6:13 pm
no pictures of trucks pulling boats. no photos of men working on ranches. just a ram 1500 ecodiesel that gets 156 more miles per tank than the ford f-150 ecoboost. get more facts at ramtrucks.com. breaking tonight a sharp slapdown coming as new york mayor bill de blasio speaks out
6:14 pm
for the first time since hundreds of uniformed officers turned their backs on him at the funerals of two executed nypd cops. >> those individuals who took certain actions these last week, or last two weeks really, they were disrespectful to the families involved. that's the bottom line. they were disrespectful to the families who had lost their loved one. and i can't understand why anyone would do such a thing in the context like that. i also think they were disrespectful to the people of this city who in fact honor the work of the nypd. >> bernard kerik is a former new york city police commission. he joins me with reaction. mr. commissioner your thoughts on whether the nypd those who turned their backs were behaving disrespectfully toward the mayor. >> you know what megyn it's -- i disagree with them turning their backs. i think it wasn't the appropriate place.
6:15 pm
but i completely understand it. i think there's a place, a venue for it. i think they have a right to be as angry and upset as they are. i just personally don't think that was the right place. >> interesting. because you've been very supportive of the police. but on this you think they did the wrong thing? >> well, you know what it is? they're there to show their respect for the family, for the deceased. the problem you have here and in listening to the mayor, you know, he's basically saying the cops disrespected the family. the cops are basically saying you disrespected us as a whole. you incited people around this country to despise us, to hate us. >> uh-huh. >> you were involved in perpetuating hate and racism to the point that someone assassinated these two cops
6:16 pm
using that same rhetoric that the mayor was spewing prior. the cops have a right to be upset and angry. and i get it. look, if i was a cop and i was out there, i probably would have turned my back also. but, you know, the time i have on the job and being where i've been, you know right now i just don't think that was the time. >> has any progress been made? there was going to be the big sit-down, sort of come to jesus meeting last week where the mayor appeared to be getting the message in calling in the first place. and, you know, i don't know, do you think this mayor's gotten the message? >> well i don't think anything has been resolved yet. and that's according to to pat lynch and the other union members. i think it's -- time is going to tell. i think it's going to depend on whether the mayor can mend this relationship. i think bill bratton the commissioner, is going to have a lot to do with that. i think one thing that's going to have to happen is the mayor's
6:17 pm
going to have to keep al sharpton out of city politics at least as much as -- >> that's not going to happen. >> -- to do with the -- listen, al sharpton has nothing to do with the police department. and when you sit him down in a meeting, sitting next to the police commissioner and you're talking about policy that's a problem for the nypd. >> let me tell you what happened today. so al sharpton has been the white house liaison. it's been well-documented. he's their pointman on race. today, in commenting on this steve -- this republican leader who attended who spoke to this conference, this david duke conference. and there have been questions about whether he should maintain his leadership position. so the white house decided to weigh-in on that. and they spoke to the company one keeps. listen. >> there's no arguing that who
6:18 pm
republicans decide to elevate into a leadership says a lot about what the conference's priorities and values are. >> could not the same be said of the white house and the new york city mayor and their choice to so closely align themselves with someone like al sharpton? >> well, i think so. and, you know, i personally was infuriated by the mayor having sharpton with the police commissioner at that meeting and having sharpton as sort of a point-man on race relations between the nypd and the city of new york and the communities. he doesn't represent the communities of the city of new york. i promise you. you go out to the community council leaders in each precinct. many of them -- most of them want nothing to do with the guy. they don't want him nowhere near them. he is not representing the real communities of new york city. i promise you. >> and the thing is he would
6:19 pm
have you believe that this majority/minority police force is full of a bunch of racists and that the cops of color just stand shoulder-to-shoulder with these racist or are themselves also racist and have no problem with that. that that's just the system. they're fine with it. couldn't the mayor find somebody else, maybe somebody sit next to al sharpton who maybe also is a former cop, a person of color, who is a little bit more open-minded toward law enforcement? >> well, look, i think al sharpton does what al sharpton does best. he's an opportunist. he takes advantages -- advantage of these circumstances. it started in ferguson. he worked his way to staten island with the garner event. even after garner's wife and garner's daughter both said it had nothing to do with race still perpetuating the race card. i think, hopefully, the mayor got it by this point -- at this point. >> yeah. >> and you know, al sharpton
6:20 pm
cannot be involved in race relations with the communities in the police department. he just can't. he has nothing to do with the communities, real communities. >> bernie kerik. great to see you sir. >> thank you. also, tonight could john boehner be fired from his leadership job tomorrow? there are new developments tonight in the mission to topple the speaker of the house. who would replace him? plus, the city of dubuque has just decided to outlaw sledding as too dangerous and too costly to the taxpayers. and dubuque is not alone. we'll get to the bottom of this slippery slope just a bit later in the show. so ally bank really has no hidden fees on savings accounts? that's right. it's just that i'm worried about you know "hidden things..." ok, why's that? no hidden fees from the bank where no branches equals great rates. the world is filled with air. but for people with copd sometimes breathing air can be difficult. if you have copd, ask your doctor about once-daily anoro ellipta.
6:21 pm
it helps people with copd breathe better for a full 24hours. anoro ellipta is the first fda-approved product containing two long-acting bronchodilators in one inhaler. anoro is not for asthma. anoro contains a type of medicine that increases risk of death in people with asthma. it is not known if this risk is increased in copd. anoro won't replace rescue inhalers for sudden copd symptoms and should not be used more than once a day. tell your doctor if you have a heart condition, or high blood pressure. tell your doctor if you have glaucoma, prostate or bladder problems, or problems passing urine as anoro may make these problems worse. call your doctor right away if you have worsened breathing chest pain, swelling of your mouth or tongue, problems urinating or eye problems including vision changes or eye pain while taking anoro. nothing can reverse copd. the world is filled with air and anoro is helping people with copd breath air better. get your first prescription free at anoro.com.
6:22 pm
6:23 pm
breaking tonight, the u.s. ski team is in shock after an avalanche that claimed two
6:24 pm
hopefuls today. 20-year-old ronnie berlacquer and bryce alste. the two went offcourse and apparently set off the avalanche. four others with them managed to escape safely. new details tonight on the small but growing movement to topple john boehner as speaker of the house. as the new session of congress begins, house members must vote for their speaker, tomorrow. and while mr. boehner will likely win, lawmakers ted yoho of florida and louis gohmert of texas are running against him. allison joins us. so who exactly it's just these two guys who want boehner gone. and how many votes do they have to get? >> they're kind of the main ring leaders. and so far there are nine lawmaker who is publicly said
6:25 pm
they are going to vote no for boehner's nomination tomorrow. i spoke to a staffer in one of those nine offices today, they said they thought they were going to have around 20 votes or did have about 20 votes right now to vote no. a few they called some surprises. and that is probably what people are expecting, the most they can kind of get is around 20 lawmakers. you had representative walter jones who is a congressman from north carolina say in an interview over this weekend he had met wimen kind of about this. the problem is they need about 30, just under 30 actually to force the vote to a second ballot. >> 20's not going to do it. they need 25, 26. if they only have 20, john boehner is going to be the next speaker of the house. >> right. >> but they say there would be symbolism enforcing this to go to a second vote which apparent apparentlyapparent apparently has not happened since 1923, i looked it up 1923 we had 111 million people living in the united states. and i think the price of gas was like 20 cents a gallon. >> right. it would be a big deal if they
6:26 pm
actually did force it to a second ballot. i think that's something boehner's team wants to avoid. i spoke with staffers in that office as well. they think they won't actually go to that ballot. they said to me we feel confident but i keep saying eric canter was confident the morning of his primary and look what happened there. they're taking this seriously. seems like they do have like you said -- >> these are conservatives who think he's a rino republican in name only march to the beat of the drum. >> right. the complaint in boehner's office said they are frustrating this is all happening now and sort of the process by which this group of conservatives have chosen to do this. they said we had a meeting in our congress back in november where we voted for this. they said two years ago when they did this gohmert did propose an alternative, he proposed newt gingrich. he didn't do that this time. they were frustrated they didn't do this earlier.
6:27 pm
>> we've had -- oh, that's it. i have to wrap you based on that. allison, great to see you. >> good to see you. >> we'll follow it tomorrow. there's a lot of attention on shocking allegations of sexual assault leveled against three powerful and prominent men, bill clinton, prince andrew, and alan dershowitz. just ahead see what we've learned and the possible fallout. and a new twist in the epic throwdown between sarah palin and the group peta after the former governor posted these photos of her 6-year-old son trig standing on the family dog.
6:28 pm
[ male announcer ] when john huntsman was diagnosed with cancer, he didn't just vow to beat it. i vowed to eradicate it from the earth. so he founded huntsman cancer institute. ♪ ♪ everything about it would be different. ♪ ♪ it would feel different. ♪ ♪ look different. and fight cancer in new and different ways. with the largest genetic database on earth that combines 300 years of family histories with health records
6:29 pm
to treat, predict and in many cases, prevent, cancer. [ huntsman ] we made it welcoming and warm with a focus on beauty serenity and getting on with life. [ male announcer ] huntsman cancer institute is the only cancer hospital in the world designed by a patient, with the vital understanding that cancer moves fast. and we have to move faster. to learn more or support the cause, go to huntsmancancer.org. ♪ ♪ moderate to severe crohn's disease is tough but i've managed. except that managing my symptoms was all i was doing. and when i finally told my doctor he said humira is for adults like me who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. and that in clinical studies the majority of patients on humira saw significant symptom relief. and many achieved remission. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers,
6:30 pm
including lymphoma have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. ask your gastroenterologist about humira. with humira, remission is possible. lots of attention being paid to some shocking allegations of underage prostitution involving a member of the royal family, prince andrew and famed law professor alan dershowitz. while the claims made against
6:31 pm
those men are disturbing enough, the story really started getting attention when news outlets like the drudge report pointed out that former president bill clinton has been accused of being friendly with the man who allegedly procured these underage prostitutes. trace gallagher sorts through the allegations. >> two women are asking the court to allow them to join a lawsuit against the federal government. the lawsuit alleges back in 2008 when financier -- that the feds allowed him to strike a plea deal that sent him to prison for 13 months but gave him immunity against federal prosecution and the possibility of spending 20 years behind bars. he's now a registered sex offender. in this new motion jane doe number 3 alleges epstein forced her to have sex with the duke of york, prince andrew, and with famed lawyer alan dershowitz. dershowitz quickly went on the
6:32 pm
offensive. >> it's the legal equivalent of scribbling something on a toilet stall and running away. they didn't think there would be any response. and they will rue the day that they filed this unethical -- >> buckingham palace has also called the allegations against prince andrew baseless. former president bill clinton is not named in the new motion, but in court documents filed in palm beach circuit court, clinton is again linked to his old friend from back in the early 2000s. the records say the former president flew several times on his plane to private island estate where underage sex parties were allegedly happening. there is no evidence linking the former president with any of those events but epstein's personal computer records also show the former president's e-mail address along with 21 of his phone numbers. after epstein was convicted in 2008, bill clinton apparently cut all ties to him. but now brand new questions about the relationship are again
6:33 pm
being raised. megyn. >> trace, thank you. joining me with legal analysis, judge andrew napolitano, author of "suicide pact." the radical expansion of presidential powers and the lethal threat to american liberty. judge, good to see you. so let me walk through it. these young women are suing the federal government saying you let the ring leader here who was acting like a pimp. >> right. >> off too easily. you gave him 13 months. it was a slap on the wrist. and they're also objecting because this deal gave his potential co-conspirators federal immunity. what does that mean? >> the federal government got an order signed by a judge saying mr. epstein could not be prosecuted, ever for the allegations against him that he was not prosecuted for in return for his guilty plea to this one act of procuring prostitution. >> and nor could any of the guys
6:34 pm
who he connected with these underage prostitutes? >> apparently yes. the reason i aapparently, megyn, is also in this deal is an order sealing the records. so we only know about this because some of the victims in this case sued mr. epstein and the federal government saying wait a minute, there's a federal sta statute that if you take a plea deal against somebody who victimized us, you have to tell us. so the one who is learned about it sued the federal government. and this past friday two of them learned about it. and they made an application as trace gallagher just explained to join the case. and in that application they claim that epstein orchestrated the sexual encounters with them and prince andrew and professor dershowitz. professor dershowitz has denied and buckingham palace on behalf of prince andrew has denied it.
6:35 pm
>> prince andrew is the younger brother of prince charles queen elizabeth's second son. they have come out and denied he was frequenting this service that he was using these prostitutes. although there's a picture of him with one of the women believed to be a plaintiff in this case when she said she was 15 years old with his arm around her touching her bare midriff. and there's a question about whether he could be forced or bill clinton could be forced, or even alan dershowitz acting as epstein's lawyer in this case, could any of these men be forced to give sworn testimony in this lawsuit? >> they probably could if the lawsuit moves forward. now, i am a friend of professor dershowitz and i believe his denials. how his name came in this, he was epstein's lawyer. >> i'm not saying he is innocent, i don't know what happened. but they sound like the denials of an innocent man. they're category -- they're
6:36 pm
unqualified denials. >> right. here's how i read this. this is not about the private life of prince andrew or bill clinton or professor dershowitz. this is about a government doing a favor for an admitted pedophile because of who his friends are. and doing it in a way that violated its own laws and its own rules and the statutes that it's sworn to uphold. what government did this? this was the george w. bush justice department doing this in 2008. this is not barack obama doing a favor for another democrat. this is bush's justice department doing this and we don't know why they did this for somebody as monstrous as epstein. >> this guy essentially was actings aact as a pimp connecting older men with these young girls -- is that not rape? >> it's 20 years per event. there are alleged 30 victims in this case. he walked away with 13 months in
6:37 pm
a federal prison. >> that is stunning. i got to run, judge. good to see you. the criminal charges are just one part of this story. the other how this focuses unflattering attention on former president bill clinton who is the husband of of course presumed 2016 presidential runner. chris stirewalt, does it affect that race at all? >> well, bill clinton easterly's libido affects her candidacy period because it's the thing he's most famous for. he got impeached over his trysts. and whether -- >> with a young woman although that one was of age. >> she was of age at 21 white house intern. rand paul i believe called bill clinton a sexual predator for having done that. whether there is any truth to any of these allegations or not, the desire for the tabloid press to go after bill clinton is a horn dog headlines. any time they can get anywhere near that, they're going to go
6:38 pm
all over that. any time a picture surfaces of bill clinton with somebody who looks like she might be in the adult entertainment industry those are going to go on the front page too. >> well but a lot of people -- okay. so what of the possibility that the women making this complaint are completely making it up? are completely fabricating it? because bill clinton, they dealt with this years ago saying no it's not true. prince andrew came out and said wrong. just listen to alan dershowitz because, boy, oh boy, if this isn't a categorical denial i don't know what is. listen. >> i welcome a full investigation. i am not trying to silence her. i've challenged her to repeat the statement to the press so i can sue for defamation. i've challenged her to file rape criminal charges against me. because if she does she exposes herself to criminal prosecution. i have challenged the lawyers to repeat these statements in public so there can be a defamation hearing. they want to just throw the stink bomb and then avoid any
6:39 pm
responsibility for -- >> so if these women are just ginning up a false complaint to damage very public figures could this backfire? and could it make bill clinton, you know, be seen as a victim? >> no. i don't think -- >> think it over a little. >> here's the deal counselor. hillary clinton had a $2 billion campaign apparatus she's building to take back the white house for her and her husband. that's all that there is. and for those folks these stories -- it's fine if there's a wink and a nod about bubba and the big dog and those things. but it's not good if you have him jet setting around with folks like this and it's not a happy picture. >> chris, good to see you. >> good to see you. >> i think it's the first time horn dogs have ever been said on the show. certainly no other than chris. he lived a lavish life the best money schools could buy. but now this 30-year-old is facing serious charges connected to an unimaginable crime. and up next why a growing
6:40 pm
number of cities are now moving to ban sledding. daughter: do you and mom still have money with that broker? dad: yeah, 20 something years now. thinking about what you want to do with your money? daughter: looking at options. what do you guys pay in fees? dad: i don't know exactly. daughter: if you're not happy do they have to pay you back? dad: it doesn't really work that way. daughter: you sure? vo: are you asking enough questions about the way your wealth is managed? wealth management at charles schwab.
6:41 pm
6:42 pm
(woman) caring for someone with alzheimer's means i am a lot of things. i am his guardian. i am his voice. so i asked about adding once-daily namenda xr® to his current treatment for moderate to severe alzheimer's. it works differently. when added to another alzheimer's treatment, like aricept® it may improve overall function... and cognition. and may slow the worsening of symptoms for a while. (man) namenda xr doesn't change how the disease progresses. it shouldn't be taken by anyone allergic to memantine, or who's had a bad reaction to namenda xr or its ingredients. before starting treatment, tell their doctor if they have, or ever had a seizure disorder difficulty passing urine, liver, kidney, or bladder problems, and about medications they're taking. certain medications, changes in diet, or medical conditions may affect the amount of namenda xr in the body... and may increase side effects. the most common side effects... are headache, diarrhea and dizziness. (woman) all my life, he's protected me.
6:43 pm
now i am giving back. ask their doctor about adding... once-daily namenda xr. breaking tonight, a wealthy hedge fund manager found murdered. shot his own father in the head on new york city on sunday and staged the crime scene to look like a suicide with the gun
6:44 pm
resting on the victim's chest. according to the cops the two had argued about money after the father talked about cutting his son's allowance by a couple of hundred bucks a month. well, we can also report that america may be a little safer tonight as we get reports that more and more towns across the usa are banning sledding due to liability concerns. thanks lawyers. dubuque, iowa recently outlawed it in all but two of its 50 public parks, making sure that winter fun doesn't involve anything more dangerous than perhaps pressing your nose against a chilly window pane. fox news legal analyst, mike ieglarsh. we can rest easy because any outdoor fun of any kind mark, has little by little been getting etched away. not by the good people of america but by the plaintiffs bar. >> right. enough already. listen, the ban's not going to
6:45 pm
change anything. people are still going to sled. and don't take this guy from miami's word for it. i don't know what sledding is. i think it apparently it involves that white stuff. in omaha they tried it, and people still went on to the banned hills. and they went ahead and said we're changing our minds go ahead and do it. you know why? because the law requires them still to maintain those areas even when people do stupid things like ignore the bans that are clearly posted. >> but mercedes the towns say, in dubuque iowa, they said this is the only responsible choice given the liability concerns. and they pointed to judgments in a couple of other places mark mentioned omaha, nebraska. they got hit with a $2 million judgment after a 5-year-old girl was paralyzed. and then another bad judgment in sioux city iowa. >> exactly. it's the plaintiffs lawyers felt sorry, mark, but that's the god's honest truth. you look at these injuries it's unbelievably staggering. 20,000 kids get hurt a year.
6:46 pm
and out of those there's traumatic brain injuries fractures, permanent disabilities. i mean, all of that. these cities look at this and say why are we risking this? >> it's a miracle we live to be as old as we are. so i was sledding without any sort of a helmet in the backseat of the vw bug, both of them smoking in the front seat -- we're going to ban anything bad for us and our kids no more swimming in the ocean, the list could go on. >> yeah. the answer is not what mercedes the grinch proposed. because this isn't the wild wild west anymore where people are solely responsible for their actions. court verdicts have shown that even when banning is up it says you cannot do it and people go there, they're still requiring these towns to have bales of hay and padding because it's reasonably foreseeable that people are still going to go out there and sleigh, you call it?
6:47 pm
sledding. >> that's because we're american and we sled. there's no stopping us from sledding. this is yet another example of you tell me mercedes, of plaintiffs lawyers misbehaving, people having accidents that they assume the risk. why can't they just assume the risk. the cities can post signs saying sled at your own risk and that's the end of that. >> great argument. but when it comes to the jury, the jury says great deep pocket these are the cities, this is the government. they have lots and lots of money, so it's not individual versus individual. it's individual versus municipality. they don't realize it's us, the taxpayers. >> who are these people suing? i understand these are bad injuries. but don't we all assume that there's going to be risk to us if we choose to sled or risk to our children if we let them sled. they're recommending never let your child sled head first never let him or her sled without a helmet, which is good practice. but rarely put into practice. i've never seen that done before. and they say you're actually more in danger if you ride in a snow tube than a sled.
6:48 pm
go ahead, mark. >> the bottom line is that they're going to continue to sue even when there's bans. and what cities are going to do is erroneously think they can turn their back on these hills. and what's going to happen is more are going to sue because they know, as in omaha, that they're going to continue to use these hills. >> when i was a kid we used to sled during recess in elementary school. it was like a school sanctioned thing. and sure enough a sledful of boys, they jumped in and their sled bounced up and it landed on my head and the head of my two girlfriends in the sled with me. >> and you sued. >> and i got a concussion. and i went home and got to miss a day of school and watched "chips" on tv. remember "chips"? i later saw him in the thanksgiving day parade and -- never crossed my mind. we didn't have a lot of dough. we didn't sue. grant you there's a difference between getting paralyzed but there's something called assumption of the risk. >> yes. >> follow me on twitter.
6:49 pm
let me know what you think. mercedes, mark great to see you. up next, new twist in the fight between sarah palin and peta after these pictures of her son standing on the dime. peta is outraged just like it was when ellen degeneres did the same thing. oh wait, that's next. series 9000 with contour detect technology that flexes in 8 directions for the perfect shave at any angle. go to philips.com/new to save up to $40. innovation and you. philips norelco. [ male announcer ] are your joints ready for action? osteo bi-flex® with joint shield™ nurtures and helps defend your joints° so you can keep doing what you love. what'd you guys do today? the usual! the usual! [ male announcer ] osteo bi-flex, ready for action. no chest-beating monologues about engine size,
6:50 pm
horsepower, or performance. no anthemic soundtracks to stir the soul. just a ram heavy duty that can carry more weight than any other heavy-duty truck. get more facts at ramtrucks.com
6:51 pm
6:52 pm
the white house hitting back at the gop number three man gave a speech to a white sue supremist group. several members of the party says they're standing by him. the white house says it's up to republicans whether he remains
6:53 pm
his leadership role. who is in the republican leadership says a lot about their values and what the priorities of the party should be. well, a new twist in the epic fight between sarah palin and the group peta, people for the ethical treatment of animals, after the former governor posted these photos of her 6-year-old son standing on the family dog. peta was outraged, it was in incensed just like that time ellen degeneres did the same thing -- oh wait. so let's start with the governor. why did she post the photo? what was she trying to convey? >> so on new year's day sarah palin posted these pictures of her 6-year-old son, trig, using the labrador retriever that they have, jill, to help with the dishes. he said something like, mom i need help getting up to help you with the dishes. she didn't pay attention necessarily so he did it himself and wanted to help. so she posted these pictures as a message of the new year's
6:54 pm
saying we learn things every day. my son trig just reminded me there are steppingstones in life and sometimes you've got to find your own way. well, that of course incensed peta as you just mentioned and they were saying as a mother she shouldn't be posting these pictures without showing any sympathy for the dog. now, in return of course sarah palin said, well at least trig didn't eat the dog. of course a reference to president obama when he admitted in his book that he had eaten dog when he was living in indonesia. and she reminded them of the time that mayor bill de blasio who just happened to drop the groundhog during a groundhog day ceremony, that groundhog eventually died. and peta didn't have much to say about that. she's just reminding them a little of the things that happened maybe they should be outraged about. >> peta gets incensed in some instances when it happens to be a republican doing something but maybe not so much when it's a democrat. >> right. >> enter stage right ellen
6:55 pm
degeneres, who america loves. and a couple years ago she posted this photo on her twitter account and what does it say? what does the caption say? i don't have it right in front of me. >> says that's one way to get to the sink. >> that's no way to reach the sink. that's one way to reach the sink. the exact same thing that trig palin was doing. peta would have nothing to do with ellen degeneres after that. >> no, in 2009 they named her woman of the year. now, it should be noted that sarah palin's dog, jill sarah palin has made it clear that jill is part of the family and actually is a dog that's been trained for special needs and as we know trig palin has down sdrom syndrome. so this dog -- i think she's winning. >> i'm sorry but that one is dripping with hypocrisy. >> it's crazy.
6:56 pm
>> now peta wants a truce. now it wants a truce. they owe an apology. that's what they owe. katie, good to see you. >> good to see you too. >> we'll be right back.
6:57 pm
6:58 pm
and an early morning mode. and a partly sunny mode. and an outside...to clear inside mode. transitions ® signature ™ adaptive lenses ...are more responsive than ever. so why settle for a lens with just one mode? experience life well lit ® . upgrade your lenses to transitions ® signature ™ . receiving a transitions lenses certificate of authenticity is your only guarantee that you're getting
6:59 pm
the world's #1 recommended photochromic lens. ask for it and register your lenses online today. so what was your new year's resolution? i'm posting mine on facebook.com/megynkelly. follow me on twitter. we'll see you tomorrow night at 9:00.
7:00 pm
happy new year. welcome to "hannity." it is a new year. and tomorrow republicans take over the house and the u.s. senate. 2015 could be a great year for conservatism. let's go. >> the horse race is on for 2016. so who has the best shot to win back the white house? campaign carl is here to breakdown the field. new york police officers once again turn their back on comrade bill de blasio as the officer's widow says good-bye. >> you are an amazing man even though you left us early i believe that he is still with