poltroon when writing to "the factor." again, thanks for watching us tonight. ms. megyn is next. i'm bill o'reilly. please remember the spin stops here, we're definitely looking out for you. breaking tonight, a powerful group of senators from both sides of the aisle drawing a line in the sand with the white house over concerns that the president is not doing enough to keep us safe from a grave threat, a nuclear armed iran. good evening and welcome to "the kelly file" everyone. i'm megyn kelly. a dramatic showdown in washington tonight leading to a possible first in the obama presidency. a congressional override of an expected presidential veto. the issue, new sanctions against iran. a bipartisan group of senators is calling for the sanctions claiming iran is being less than honest about its nuke program. but the president says more sanctions could break the negotiation process and promises to veto any new measures.

all of which led to a stunning charge today from the top democrat on the senate foreign relations committee. >> iran is clearly taking steps that can only be interpreted as provocative, yet the administration appears willing to excuse away any connection between these developments and signs of iran's bad faith in negotiations. the more i hear from the administration and its quotes, the more it sounds like talking points that come straight out of tehran. >> so let's be honest about what the joint plan of action is it's a freeze. it's a freeze that scientists that have come before this committee have said if they in fact decide to proceed and not make a deal, they need about three months. so the bottom line is that we are going to do all of this and ultimately be in a position in which if they don't make a deal we're exactly where we were at but with no immediate

consequences to them. >> chief white house correspondent ed henry is live on the north lawn tonight. ed. >> reporter: megyn, good evening. this would be a huge blow to the president because for congress to override a veto for the first time in the obama administration after six years it would mean that top democrats like bob menendez would be bucking their own president. and it would be a huge bipartisan slap to the president. that's why today while he was on the road in idaho trying to sell his domestic policies from that state of the union address last night, his aides were scrambling behind the scenes big time to contain the damage as they stare at the prospect of israeli prime minister benjamin netanyahu tipping negotiations by coming to speak to congress in february. speaker boehner brushed off that it was a breach of protocol for him to invite netanyahu for this address to congress which the white house says they knew nothing about astopnistration official tony blanken pleaded with congress today saying he wants more time to negotiate with iran. listen to this. >> i did not consult with the

white house. the congress can make this decision on its own. i don't believe i'm poking anyone in the eye. there is a serious threat that exists in the world. and the president last night kind of papered over it. >> our assessment remains that we have an incredible chance to reach a deal that's in the best interest of american security as well as that of our allies and partners. our goal is to conclude the major elements of the deal by the end of march and then to complete the technical details by june. >> reporter: reason why the white house is concerned about this protocol is issue is the fact it's completely unprecedent for a foreign leader like prime minister netanyahu is going to come to speak to congress in early february going around the white house and state department to lobby against the president on this bill, megyn. >> ed henry, thank you. joining me with more, former presidential candidate and author of the new book "god, guns, grits and gravy," governor

mike huckabee. >> thank you, megyn. great to be back. >> what senator menendez a democrat -- the top democrat in that committee was saying iran only needs three months to get its program fully up to speed and running and dangerous. we need six months to get the sanctions in place to really sort of get the corporations on board and the countries on board. the math doesn't add up in our favor. he's saying we shouldn't wait for president obama to try these negotiations which have already been delayed months and months and months. is he right? >> he's absolutely right. i'm very proud of menendez. i'm very proud of a lot of other democrats. i saw steve israel on fox earlier another democrat who understands the security of the united states is not a political matter. it is an issue that everybody i don't care democrat republican, this is the single most important issue. and the united states safety and security is at stake if iran becomes nuclear. and this is a direct threat to israel. it's a threat to the united states.

and i'm grateful that some democrats are standing up and being statesmen on this issue. >> extraordinary language accusing the white house saying it sounds like talking points straight out of tehran. what we're hearing from the administration. he went onto say we're so worried about their perceptions offending iran by passing new sanctions against them. but our perceptions can be just swept underneath the rug he says. and he talks about how the administration is using the language of victimization when they speak of iran. we feed the iranian narrative of victimization. very harsh. >> the sanctions were working. it was putting economic pressure on iran. we had them on the run, if you will. we had them in a position where increasingly our foot was on their neck. and now we for reasons i cannot explain or understand decided let's ease up and let's just see if they'll behave. they never have. but maybe they will. you don't take the chain off of a rabid dog when you have him

already on the leash. that's what we've done. >> the president seems to think with negotiation he can get somewhere with the iranians. this is what led senator jeff flake out of -- republicans having roles switching up in congress. he was critical of those people who are going to get in the way of the president and here he is today. >> purpose of sanctions is to get parties to the table. they are at the table. and so i'm confused by the notion that some would want to impose additional sanctions while negotiations are going on. >> does he have a point? >> but here's the problem, it doesn't matter who's at the table if the people at the table don't have any table manners, you don't invite them to the table for gosh sake. >> he's trying to avoid a war. barack obama would say i'm trying to avoid a military campaign against tehran. >> well, you don't do it by showing weakness. you do it by showing strength. the way you stop the school bully is you put your fist in his face and put his butt on the ground. we've got to understand that you don't stop a nation like iran by

telling them we're going to be nicer to you if you'll be nicer to us because they're never going to be nicer to us. this doesn't work in the state craft of today. it just doesn't. we're not dealing with rational people, radicals who want to kill us. the sooner we understand that and admit it -- >> today boehner got hit by the white house for inviting netanyahu to come address congress without clearing it with the white house. they found out moments before mr. boehner made it public. boehner says he didn't poke the white house. he can do what he wants. he can invite netanyahu to speak and that's the end of that. your thoughts on that. >> absolutely he can. >> unprecedented though. unprecedented. >> here's what's also unprecedented. unprecedented for six years for the president to never reach out to the members of congress and want to include them and bring them in the consultation of his plans. so i can't blame boehner. and what boehner's trying to do i believe, is to join with other democrats and to say let's bring

the voice of reason and understanding to this iranian situation. let's let him be heard. and they know when benjamin netanyahu gets here he is not going to be a person who is ten nid about describing the specific threat iranians bring to world first to israel but that's the little target. we're the big target. >> in the meantime we had a terrible terror attack in israel today with 11 people stabbed they say by a palestinian on the streets of israel. so we're looking at a terrible situation in israel where they are subjected to terror day in day out. they have an existential threat against them in the face of iran and its rhetoric which has called for them to be wiped off the face of the earth. and we are going in there saying we can work it out. but does the president have any other option here, governor? does he have any other option? because the sanctions while they may have been working may not be enough. and if they're not enough what are we really willing to do? >> we have to make it clear that iran is not going to have a nuclear device whatever it

takes. we don't describe what we will or won't do. the one thing you never do is to tell your enemy what your limitations are. you never let him know you have any limitations. you may know them, but you never telegraph those to the enemy. i hope they know that the united states would stand with them and we need to let the world know that if israel decides it is in their best interest and security to take iran directly that we will stand behind them to the last man. we've got to make that clear to the world. >> now gods, guns grits, gravy -- the land of god guts grits and gravy is the fly over country. three bubbles of institutes that effect everything in america, new york washington and hollywood. and those are the bubbles that affect american culture. but the truth is there's a lot of americans between those coasts. and the people in bubbleville live a very different life, have a different attitude about things than the folks in the land of god, guns, grits and gravy or what i call bubbaville.

so this book describes that the polarization of america is not all political cultural and even geographic. a pretty blunt and straightforward read. >> do you miss us yet? >> i miss you a lot. the greatest place and people on earth. it was the hardest thing in my life to say a good-bye because this is a wonderful place to be. >> it must have been something very compelling that made you do it. >> gosh, i hope so megyn. if not i'm the dumbest man alive. >> good to see you, governor. >> thank you, megyn. and breaking news tonight on the justice department investigation into the ferguson, missouri case. and the possibility of civil rights charges against officer darren wilson in connection with the shooting death of michael brown. sources now telling fox news it is unlikely that the doj will bring criminal charges against officer darren wilson, but in moments we'll explain what that could mean. plus, does it really matter if

president obama refuses to blame radical islam for the recent terror attacks? wait until you see real americans take on that debate. >> first question should it be called radical or extremist islamic terrorism? >> and then, dana perino on what she calls the president's real state of the union message. and meet the woman who tomorrow sits down to interview the president of the united states. do not miss this story behind glozel. >> i'm going to do my cereal challenge. i think that it should be olympics, all right. i got my pool, i got my cereal. and i'm going to put some milk in there, okay? you can always do soy or whatever. and then i'm going to -- i'm

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9/11 the words al qaeda were not even uttered in the state of the union address. last night our focus group analyzed the president's remarks. and pollster frank luntz asked them, how should we speak about the threat from these barbarians? >> first question should it be called radical or extremist islamic terrorism? >> yes. >> then why doesn't the president? >> because the president is scared of the politically correct that will lash out and call him an islamophobe. he's worried about the muslim population which he's reached out from the first day of his presidency. >> you sound critical of that. >> i'm extremely critical because what it's done is it's empowered radical islam. his foreign policy in syria of not standing up for his red line. it's empowered isis. >> why do you think he did it? >> foreign policy of obama is

not the problem. foreign policy of presidents over decades and decades. the real issue for me is the word terrorism. i hate to disagree with you. i don't think it's one of the most partisan issues. we have much bigger issues than just similaremantics. no one can agree what terrorism is -- [ overlapping speakers ] >> so much has been done in the name of religion. >> clearly you struck a nerve. >> do you know what happened in ft. hood what it was someone yelling and killed fill low soldiers and called it workplace violence. that's nonsense. >> many things have been taken undertaken under the names of every other religion out there -- >> give me an example. >> bombing abortion clinics in the name of jesus christ. that's terrorism. >> how do you explain the fact he's came here to new york, gave

a speech on 9/11 at the museum how we should never forget and a couple days later did a five-swap for bergdahl it's nonsense. it's absolute garbage. >> they have to identify the enemy, label it then destroy it. the president needs to do that. >> why can't we say -- why is everyone scared to say why this is happening? they're doing it. they're bashing at the religion but why? >> answer that question. >> why is it happening? because we're not -- we're scared, first of all, to go after what it actually is to talk about what it is, where it comes from, what we need to do about it. and now the middle east is coming around. >> what's happening is the result of actions we've taken over time. there's a long history starting with the -- >> look what's in the quran, look what they're teaching in their mosques, look what's

happening in jails. >> there is extreme religion in every sector of religion -- extreme christianity -- >> it's not just one religion that's extreme. every kind of religion -- [ overlapping speakers ] >> thirteen teenagers killed today for watching a soccer game, really? >> it goes deeper than just religion. if you look at what's happening, it's not just about religion but what's happening in these areas. there have been so many things that have gone on with bombings and killings and people losing their entire families. >> islamic fundamentalists that are committing these acts. >> that's what you're hearing about. there are other acts of every religion -- >> i got a question for you. i mean, this is instantly the passion whether you say that there's passion or not clearly there's passion here. >> it's semantics. i think we all agree about a lot of this stuff. >> these people -- >> frank i think -- >> say that again. >> there is no bigger issue than

being safe. >> so you disagree with her. >> i do. i don't know the last time i saw 13 protestants or 13 catholics or 13 methodists get together and bomb some place or hold people hostage or behead someone. it is what it is. and it's time we have to call it what it is and recognize the danger for what it is. not that we have to live in fear, but that we have to live aware. >> hold on one second. wait, you got to hold on. that's a fair point. so why doesn't this administration do that? >> they're afraid to offend the arab country. >> up next, we'll have that breaking news in the ferguson shooting case as we learn the feds have now finished their investigation into this officer, so what does this mean for him? strangely tonight eric holder's not at the cameras. and tonight, meet the woman who scored one of the very first interviews with the president of the united states after his state of the union address. ladies and gentlemen we give

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breaking tonight, major developments in the ferguson case that has divided the country and sparked violent protests. the federal investigation into michael brown's death is now complete and civil rights charges against officer darren wilson are "unlikely." so far the doj not commenting. andrew mccarthy is a former federal prosecutor and now a national review contributing editor. so eric holder strangely silent

now that his doj has concluded no charges against officer wilson are appropriate. what else have they concluded "new york times" and we have it as well, what exactly are they saying? >> well, what they're saying is they could have figured out after the first hour or so of looking at this which is there's insufficient evidence to bring a criminal civil rights homicide case against this police officer. >> uh-huh. >> i think they've known that from the very beginning. and i don't think that that investigation is what this has been about from the first. >> what's it been about? >> well, these cases are used as a pretext to do a broader investigation of the police department under a monstrosity known as the 1994 violent crime control and law enforcement act. >> this is about big brother getting involved in the ferguson police department and the way it polices that city. >> right. as it has with respect to about 20 to 25 different cities across the country. >> so basically eric holder knows better about how these

cops need to be policing their communities, whether they're racist or not. >> right. >> and you're contending has used this case and in other cities similar cases as an excuse to insert the federal government in an area in which it would normally not have jurisdiction. >> right. they come in with bells and whistles when the controversial shooting or other incident happens. they inevitably have to come back and say as i've said time and again, there isn't enough evidence to do the case on this shooting, but we now have a broader inquiry into the police department. and what happens is the justice department has a $28 billion budget. they have superb lawyers, numerous superb lawyers limitless supply of superb lawyers. >> ferguson does not. >> right. and they throw these resources and it's prohibitively expenseive for cities and towns to litigate with them. >> but officer wilson is getting good news that was expected because the barre to bring the case they're looking at is so

high. they knew they couldn't do it. but now they're in. now ferguson's going to have to deal with eric holder and answer questions why you are so white when the community is not. >> right. and sign a decent decree which will make them into an obama compliant police department. so things like stop and frisk, things that they deem to be excessive force which many people might not think are excessive and basically the pieties of the defense bar that a lot of these people come from will be applied to these police departments. and it will compromise the revolution in policing that's brought crime down across the country for the last generation. >> wow. no wonder mr. holder's not at the cameras. andrew mccarthy, good to see you. >> he'll get there. just ahead, our exclusive sit-down with rick perry in our first interview since leaving the texas governor's office. plus dana perino on what she calls president obama's real state of the union message.

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majority. [ applause ] >> that was president bush back in 2007 congratulating then-speaker nancy pelosi and the new democratic majority that had just taken control of both chambers of congress. but at last night's state of the union address there was no mention of the republican's midterm victory, no shoutout to the new senate majority leader at all. in fact, this was president obama's victory message to the republicans. >> i have no more campaigns to run. [ applause ] my only agenda -- [ laughter ] i know because i won both of them. [ laughter ] >> joe trippi has worked on a number of democratic presidential campaigns, a fox news contributor. and we begin with dana perino co-host of "the five" served under president george w. bush.

classy. >> i remember that moment. it was his choice. and i think graciousness and civility that is something you decide to do. and did you see if you look back at the clip speaker pelosi's face at the time -- she was elated. and she got to have her moment. >> how can you tell? >> that's a good question. big smile, right? and she had a chance to savor the moment and to be recognized by the president of the united states. and it built some camaraderie and they knew they were going to have to work together and they still wanted to get some things done. >> he mentioned it -- president obama did, when the republicans took over the house last -- you know, last election. but he didn't mention mitch mcconnell and the senate this time. is it enough he gave him a shoutout a couple years ago when they seized one body? >> they're trying to do work with some body and do negotiations going forward probably wouldn't hurt to recognize mitch mcconnell and a little bit of applause. it won't diminish you. the president seems to think if he goes out of his way -- it's not even really out of his way.

but if he says something nice about somebody else that it somehow diminishes him. i think the opposite is true. i think it would enhance not only his persona but also his ability to get some things done. he's about to miss a really great opportunity to get some major legislation passed in a divided congress. >> what did you make of that crack they were sort of heckling him about the fact he's not running again and he shot right back. >> we had a debate on "the five" about this because i thought it was just spontaneous but greg and eric thought it was planned. and i'm looking back and thinking maybe they did plan it. you know little bait out there -- >> i don't know. i think it was spontaneous. >> also, it wasn't said in fun. remember when he said to john mccain, i won, john, and elections have consequences. well, other elections have consequences too. president obama is now presiding over a congress and that speech with the fewest number of democrats since 1920. those elections had consequences too. >> does it diminish the office to be sort of showing the

swagger? >> if you're in the support obama, you probably love that speech. if you're the majority of americans and look at that and go is that really necessary? do we need to be reminded that you won? >> does this diminish the office? because we've been showing the audience all night the president has an interesting communication strategy. they've been very good about reaching out to young people. and i believe that's the strategy behind this, although i could be wrong. "the kelly file" has not been granted an interview with the president of the united states. glozell, welcome to white house. >> hello. this is glozell. is you okay? is you? good cause i wanted to know. i'm going to do my cereal olympic -- my cereal challenge okay. i think it should be in the olympics. all right. so i got my swimming pool. i got my cereal. and i'm going to put um, you know, some milks in there. you can always do soy or whatever.

and then i'm going to -- i'm going to eat it. >> and then she did exactly that. so she is going to the white house, according to that press release, tomorrow to interview the president about the policies outlined in his state of the union address. >> well, you know, the white house said they wanted to change the way presidents do the states of the union for years to come and i think they may have accomplished that. >> are you embarrassed you didn't think of this? >> i think i may have been fired if i had recommended that. however, let me say something, she's a comedian. she's very popular with some people. president obama can pull this kind of thing off. i was dismayed in 2012 when he did the interview with the pimp with the limp. i thought that was kind of inappropriate when the sway was in the diplomatic reception room -- and then between two ferns. the president's actually really good at these kinds of things. i don't think i could pull it off. you on the other hand you should try that pink lipstick. >> and the green too. i didn't know had to jump into a tub with a bunch of froot loops,

i would have done it. it's brilliant. who doesn't want to watch that? i want to watch that. don't you want to watch that? >> tune in tomorrow night on "the kelly file." >> that's right. dana thank you. for more, joined by an expert joe trippey -- no, start with glozell before we get to the state of the union. really? she's going to ask him about the policies he's outlined? >> i'm just desperately trying to not become a megyn moment right now. look, she got 42 million views on that video that you just showed. a lot of people watch her. and they're going doing a series of these things. you can disagree with them. but what the president did that between two ferns online video for health care when he was doing the health care plan, he got 28 million people who saw that video. and the next day 40% increase in

the website. so it works. >> ignoring the bar a little? is like every president now going to be expected to do this? they have to sit with glozell at her bathtub? does it lower the dignity of the office a little? >> i don't think so. the problem now -- >> you don't? >> she's got -- i mean look, she's got enough people watching her that we would -- that us right now more than what we're doing right now on fox. and so part of this is it's just the change in media environment. >> i get that people like glozell. and good for her. but he's got an important office. and the american people really respect it. and the question about whether he's protecting it the way he should. >> no, but megyn he did the state of the union yesterday, he did a bunch of mainstream media interviews. to now go out and reach another 20, 30, 40 million people who do not watch those shows but he

wants to reach them. he wants to get his message across. this is what you have to do. >> really? >> yeah. it's one of the things that the democrats -- i mean, we figured out in the dean campaign -- >> if mike huckabee did that if he became president reaction to those teases, i don't believe he would do it. >> i agree he wouldn't do it, but that means there's millions of people that mike huckabee's not reaching. he's not getting his message out. >> fair point. before i let you go. >> yes. >> did you feel it was inappropriate for the president not to acknowledge mitch mcconnell and republican takeover the senate? >> as you point out he did that with boehner in 2011 when boehner took over the speakership. i don't think it would have hurt if he'd done that last night with mitch mcconnell. what struck me was how fast and hard he went on the offensive. and i was really struck by it. and i don't deny that that's what he was doing. he was out there on the

offensive. i think some republicans would say it was offensive. but i think a lot of people out there he seems to be getting a good response from the early polling that people favored it. >> the early polling is you know, our pollsters this morning said be careful with those because that tends to be democrats watching and of a snap reaction, not to diminish it. >> sure. >> joe great to see you. >> good to see you, megyn. >> aren't you going to watch? >> glozell. >> forget a megyn moment you need a glozell moment. just ahead our exclusive interview with governor rick perry. his take on a new possible run at the white house and his thoughts today on what went wrong for him the last time. wait until you hear this. you get sick you can't breathe through your nose suddenly, you're a mouth breather. a mouth breather! well, put on a breathe right strip and shut your mouth. cold medicines open your nose over time, but add a breathe right strip and pow, it opens your nose up to 38% more. so you can breathe and do the one thing you want to do sleep.

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governor, great to see you. >> good to be with you thank you. >> so let's start with that with the comment on immigration. do you think that the republicans should move to undo the president's executive action? >> yes. and i invited the president to come down to the border and take a look at what was going on last spring, and of course he turned me down. he had a mission that was a lot more important from his perspective and that was raising money for democrats. but we did what i think we needed to do, what we had to do not just for texas but for this country. and we deployed the texas national guard. and we have seen now over 74% decrease in those apprehensions along that part. >> i was at that presidential debate where you said if you're against in-state tuition for illegal immigrant children, which you allowed in texas you don't have a heart. >> yeah, that was a little inartful. >> inartful? >> well it was. what i should have explained substantially better is this was an economic issue the people in

the state of texas overwhelmingly passed i think there were five votes against it over 31 senators, there were only five votes against it. this was an economic issue, an economic issue we had to make because these immigration policies have been foisted on us because the federal government absolutely refuses to do its constitutional duty and secure the border. i don't think this immigration issue is going to go anywhere until the federal government does its constitutional duty and secure that border. if they want to have some help on how to do it, we can tell them. >> do you think this is a potential deal breaker for you? people when they talk about jeb bush running for example, they say how is he going to get past the conserveatives in the gop primary. they think he's too liberal on the subject among other things and that was a criticism we heard of you last time around. >> people know what is it the core of my belief is if you don't get that border secure, you can't have a conversation about immigration. and i think we've proven day

after day that texas is doing the job that the federal government's supposed to be doing and that is securing that border. put the boots on the ground. have the technology available. have the aviation assets in place. put the work into securing the border. then we can have a conversation about how to allow for an immigration reform package to go forward. but not until then. i will not support this president or congress in anything until they secure the border. and they can. this president just refuses to do it. >> what about a 2016 presidential run for you? now, this is early but if you look at the latest cbs poll mitt romney is polling first with 69% of people saying he should run, 59% say he should run. you're number nine in that list because the first time out it didn't go so well for you. what would be different this time? why would people give you a different look? >> i think people have seen in the last 24 months that this is a pretty different individual than they saw back in 2011,

2012. and, you know, back surgery's over with and the preparation's been done -- >> you feel more polished? >> not only feel more polished i feel substantially more prepared. >> really? >> indeed. >> how do you combat -- one thing you've pointed to is texas economic record. and you have a lot to show there. however, the president last night was touting the united states economic record and talking about how unemployment is down now at 5.6% and we've had a third quarter that's got amazing growth. and he and the democrat who follows him are going to be telling that story. >> i'm waiting for the president to call me and thank me for the jobs created in texas over the course of the last ten years. when you look at september of '07 through current date, 1.4 million jobs created in the state of texas. yet in this country they're still 400,000 jobs below water. 400,000 below where they were. and this president's standing up and taking credit for that. this same president standing up

and taking credit for lower gasoline prices. and the fact is when you look at where the energy came from over the course of the years that he's been president, 61% increase in the private sector, 6% decrease on federal lands. in spite of this president the people of america have gone out and worked through policies that he's put into place that have actually killed jobs kept things from happening. and we're only a couple of good decisions away from this country really exploding economically. open up the xl pipeline. create those jobs. have corporate tax policy that sends the message we want you to build -- >> you are sounding like a presidential candidate. when are we going to get a decision? >> i'm sounding like a governor that's been through this process. >> when are we going to get the decision from rick perry? >> may or june. >> may or june? >> i will tell jou. >> before i let you go your thoughts on governor romney and his potentially running for a

third time. >> just like jeb getting in bring good quality people in up the level of folks having the conversation. we're republicans. we'll sort this all out. >> we're looking forward to seeing it. thanks. up next, reports suggest the new england patriots did cheat in their playoff game sunday against the colts. so should they be bounced from the super bowl? we will have a full report. p [ male announcer ] test test. test test. test test. but marie callender's does. just sit down d test test. test test.

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tonight about whether the new england patriots should be disqualified from the super bowl after the nfl reportedly found 11 out of the 12 game balls were deflated in sunday night's championship win by the pats over the indianapolis colts. jim gray is a sports analyst and a fox news contributor. jim, so the nfl basically all the balls that the pats were using were deflated? >> well that's what the report indicates from espn and the league said they are investigating the matter. so it has been stated that that's what the case was. and if that's true, then they probably will be penalized. we don't know how they got deflated after the officials checked them. we do know that the balls were changed at halftime. so in the second half megyn, using the regular inflated balls or at least up to the standard

that the nfl requires so the patriots won 28-0 in the second half. i don't think that the outcome of the game -- >> he only cheated for half. we don't know how they got deflated. maybe the colts did it. maybe one of the ball boys sat on a ball and didn't realize he had a pin in his pocket. they did it. come on! they did it jim. why should they be allow todayed to go to the super bowl? >> would you convict somebody for jaywalking and then give them the death penalty? we don't know all of that. let's wait until it's confirmed and all of the information comes in. and we'll find out. >> all right. well, if it comes in before the super bowl should they be allowed to play? >> of course. >> why? >> it's in the rule book if you alter the ball it's a $25,000 fine perhaps a suspension and perhaps a draft pick or two taken away. >> don't mess with me on the rules. >> huh? >> do not mess with me.

if a non-approved ball in the game then the team will be subject to discipline including but not limited to a fine of $25,000. they could keep them out if they wanted to. >> no they couldn't. and the public wouldn't tolerate that. >> i would. >> it had nothing to prove the outcome. >> 148 yards, he could have been running with a pillow, megyn. they needed eight tanks and 19 machine guns to stop the guy. >> if the colts had cheated maybe they would have done better. >> you're calling them cheaters. let's just wait before we pull the trigger on that, hear what they have to say. let's hear what the commissioner also finds. let's see what the investigation proves and then we can leap to that. right now you're leaping. don't leap yet. >> let me explain how the real world works. tom brady has enough. he married -- even though the

colts didn't -- >> i do agree he married a beautiful wife and a great woman, i do agree he is good looking and i agree if he wins this super bowl he's going to be considered as the greatest football quarterback of all times. six appearances. >> with apologies to my brother-in-law. brad i don't know if they cheated. i'm just guessing. good to see you jim. we'll be right back. >> i guess you're on one side i'm here -- >> i'm not. i'm playing devil's checking your credit score is for chumps. i have great credit. how do you know? duh. you know those change, right? tattoos don't change. try credit karma. it's free and you can see what your score is right now. aren't you a little bit curious? i just got my free credit score! credit karma. really free credit scores. really free. i have got to update my ink. nobody told us to expect it... intercourse that's painful due to menopausal changes

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go to the fbi has completed its federal probe into the police shooting of an unarmed teen in ferguson, missouri. we're still waiting to hear if the justice department will prosecute the officer darren wilson but officials are telling fox news charges against him are, quote, unlikely. wilson was cleared by a state grand jury last november. that decision sparked days of violent protests and looting in the st. louis area. house republicans dropped plants to debate an abortion bill following objections from women within their own party. at issue, a ban on most aborings after 20 weeks of pregnancy. gop leaders planned to push it on thursday. the vote had been timed to

coincide with the annual march for life. i'm patricia stark, now stay tuned for "hannity." leged cheating. in the meantime go pats. what? welcome to "hannity." a stunning state of the union address last night. a very defiant commander in chief acting like he