the factor" o'reilly@foxnews.com. name and town if you wish to opine. no flapdoodle when writing to "the factor." thanks for watching tonight. ms. megyn is next. i'm reporting from l.a. spin stops here cause we're definitely looking out for you. breaking tonlt growing outrage as the u.s. abandons another embassy in the arab world. and this time american marines are forced to surrender their weapons and evacuate unarmed. and it comes on the same day that president obama asks congress to give him the power to launch a limited combat mission against isis. welcome to "the kelly file" on a busy night everyone. i'm megyn kelly. late last night the state department ordering all personnel in the u.s. embassy in yemen to pack up and get out. last month an iranian-backed rebel group overthrowing the u.s.-backed government it's a group which you can see here is not particularly fond of the united states as they chant "death to america."

and now they are consolidating power and the security situation for americans is rapidly deteriorating. now tonight a senior defense official confirming to fox news that marines were directed to turn over their weapons before they were allowed to leave. according to one source the order came from the u.s. state department. that is generating some serious outrage tonight especially among marines who are taught from day one never surrender your weapon. at least one marine telling fox news blank yeah, it -- me off. pardon me, his term. i'm not giving up my weapon to anyone. an afghanistan war veteran a fox news contributor. to try to picture the sight of american marines giving up their weapons in yemen a country the u.s. president just touted as an example of how well our counterterrorism strategy is going two months ago.

the picture is really shocking pete. >> it sure is. so we're surrendering around the world. we're surrendering our embassy. and now we're asking u.s. marines to surrender their dignity. give up oaths they made, creeds that they lived by, and surrender their rifle. i'm no marine but i know a lot of them and fought alongside a lot of them. without their rifle they are nothing. they are taught you never give that up. so who came up with this plan? who truly believed it was the right thing to send marines to the airport have them surrender their rifles -- first take out the firing pin so it's inoperable then hand over their rifle to a yemeni official and evacuate the country. had nothing to do with a deteriorating security situation. it does in a general sense. but they weren't under fire on the way to the airport. someone botched the plan. >> the rifleman's creed is the rifle is my best friend it is -- without my rifle i am

useless. so we do know tonight, thanks to our own reporting that it was the state department that gave the order for these u.s. marines to disable their weapons and ultimately hand them over to -- there are different reports. some say it was to yemeni officials. and some say it was the rebels we just saw chanting death to america. who may tonight be in possession of these u.s. marines' rifles. >> that's right. we don't know who are also in possession of 20 vehicles that we left behind and an embassy that we've now abandoned. >> but wait, you're not supposed to worry about the embassy. because jen psaki assured us today the yemenis, they're going to take care of it. watch. >> we expect the -- to protect, we expect to be able to return to the embassy in the same condition. >> why do you expect them to do that? or you hope they would? >> we certainly hope they would.

they've made public statements about how they have no desire to go after our interests. we expect them to abide by their own statement. >> what about the statements about death to america? >> megyn, they hope. they hope that these vehicles will be there and our embassy will be -- it is maddening how naive this administration is. and it manifests itself all the way down to the humble action of a marine having to give up their personal firearm because the john kerry state department clearly hasn't learned what hillary clinton's state department never learned that you've got to have a contingency plan in these situations. benghazi was one thing. but in yemen, we knew this was happening, it was happening for weeks. this is a marine infantry company. we had ospreys, they have all the assets, they decided not to do the military because some politically correct state department official said they should leave with tear tail between their legs to respect

some local custom and indicative of the foreign policy of this administration. and that's why we get so fired up about this. it's not just about marines and their rifles, it's about signals and the optics it shows to the world. >> the image of american marines handing over their rifles to possibly these rebels or at best some of these yemeni insisting they disarm. pete, good to see you. >> thank you. hours ago president obama announcing his decision to request congress's official authority. they're losing faith they can continue fighting, but a top defense official in the president's own -- just hours before the president was testifying on capitol hill with a very different assessment of the threat we face. >> we've seen reports of sinking morale among isil fighters as they realize the futility of their cause. >> the rate of travel we've seen

in recent years is unprecedent unprecedented. >> i will only send troops into harm's way when it's absolutely necessary for national security. >> any hopes of defeating like isil rests and dissuade from joining in the first place. >> retired four-star general, fox news military analyst jack keane. your thoughts on this yemen thing and u.s. marines laying down their weapons? orders of the state department. >> first of all, if there's any concern about security, we should have brought people in to assist with the evacuation and security force brought our own airplanes in there to do that and evacuate people under arms as they properly should be. this is a mindless stupid bureaucrat making a decision like that offensive to military culture, offensive to procedures. we had the same kind of bureaucrat make that decision after the consulate went down in benghazi when the marines were reinforcing out of italy, told them to get out of their military uniforms and put

civilian clothes on. we have made another bungled mistake. i'm sure people at central command are furious. >> in fact, our reporting is they are. this is the third embassy that we have had to close since the arab spring began in 2010. we had to close one in libya one in syria and now the one in yemen. the question is whether the united states and our influence is being chased out of the middle east while that of iran and other extremist groups is rising. >> yeah, absolutely. the significance of this, i mean it's humiliating and upsetting about the marines. but the geopolitical significance is very real. this is a strategic setback for the united states and our partners in the region. because this is all about iran. this is iran gaining influence and control over another capital and country. beirut, lebanon, damascus, syria, baghdad, iraq and now yemen. this is real. after they get established they will begin to look like the

hezbollah. they will receive missiles, rockets, sophisticated equipment. >> in yemen. >> yeah. they are the iranian proxies. so iran is spreading their influence. radical islam as we've stated before is on the rise. and that's why this is such a setback. we just lost libya a number of months ago and closed that embassy to radical islamists as well. >> yeah, we asked today whether the president has a clear strategy for defeating isis. 73% of those polled said, no, he does not. 60% of those surveyed believe that the president will need ground troops to defeat isis. and the president comes out today and tells everybody not to worry. their morale is really low, they kind of realize it's not going to happen the way they want it to happen. they realize it's futile. that didn't sound like what top executives were saying. >> yeah, i mean, the real issue -- to defeat isis you need a ground force with air to do that. in iraq we obviously have a local indigenous force that we're not strengthening enough

to do it. and given restrictions the president's imposing, if that force doesn't succeed, then there's going to be no u.s. ground forces with a coalition to take up the slack, so to speak. in syria it's actually worse megyn. in syria we have no ground force whatsoever to defeat isis. we're depending as the president stated on the free syrian army which are down to a few brigades. they don't fight isis. they are fighting assad and he's pounding them every day with air power. we're going to train 3,000 of them in this upcoming year. they would never be able to go against the hardened isis fighters who number in the 40s or 50,000. so where is the ground force in syria? it's not there. why isn't it there? this is the dirty little secret. the fact of the matter is everyone knows to bring in an arab coalition on the ground to include the turks, we would have to do something about assad's air power. we're not going to do that, because if we did -- >> it will upset iran. >> it will be a backlash against the iranians.

and that would put in jeopardy i believe, the president's number one national security objective is a nuclear deal with the iranians. that's what this is about. >> right. a deal that his critics say will have no teeth and will be totally ineffective. so the question is whethe it whether we have the right strategy. general, i got to go. always great getting your insight. >> good talking to you, megyn. >> right after president obama sent his plan to congress, nancy pelosi had a warning to republicans. >> i hope that they don't play politics with that because this is deadly serious. >> but up next we'll speak with two powerful senators, a republican and democrat, who are asking some serious questions tonight about the president's plan and whether they will agree to it. is it all politics? plus, nbc news removes brian williams' name from its nightly news show open from its graphics, from its online presence. what does that mean? dana perrino is here with her thoughts on brian williams and her memories of his coverage of

her former boss including one in particular where she says she believed he was less than charitable, shall we say with president george w. bush. >> i was in crawford and i said -- i was looking for a book to read and laura said you ought to try -- three shakespeares. >> this is a change. >> not really. wait a minute -- >> life story of joe dimaggio -- >> which is a good book. ♪ bring your vision for the future to life. for more than 145 years, pacific life has been helping families achieve life-long financial security with innovative tools and strategies. talk to a financial advisor to protect your family and plan today. pacific life. the power to help you succeed. pacific life proudly presents "humpback whales",

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a delicious taste. grandpa! [ female announcer ] stay strong, stay active with boost. breaking tonight, new reaction to president obama's plan to talk on islamic state terrorists from two powerful senators, a republican and democrat, who have some serious questions about the president easter ror plan. before we get to them house minority leader nancy pelosi has words for anyone, particularly republicans. >> i would hope we would have a conversation what is right for the american people without they're getting into the we don't trust the president mode. i hope there is ground found about the most important responsibility we have to protect and defend the american people. that's our responsibility. i hope that they don't play politics with that because this is deadly serious.

>> joining us now republican senator ron johnson, chairman of the homeland security committee. chairman, this proposal by both sides of the aisle. both sides have objections but ms. pelosi thinks it's a partisan thing. do you believe the president asking you for authority to fight this war actually demonstrates any kind of commitment to win? >> well, that's certainly my concern. and, megyn we're not going to play politics with this. this is deadly serious. we're talking about an authorization for the use of the finest among us to try and keep this nation safe. it's really the last step in the process, the authorization. the first step is we have to recognize reality. i'm not sure president obama is doing that yet, but the first thing president obama really has to do is he's got to lay out exactly what the goal is. he's got to define -- >> degrade and defeat isil. >> what does he mean by defeat? i got degrade. what does he mean by defeat? kill every last one of them?

containment? as we're being briefed i'm concerned all he's talking about is containment over a long period of time. and, megyn i don't think we can really toy with isis over a long period of time. i think we need to take them out. >> what do you think about the restriction on ground troops that has been placed in this authorization? it says it would ban any "enduring offensive ground combat operations." that's now under criticism for making -- basically making us fight this war with one hand tied behind our back is what the critics say. >> i think he did that to get some democratic support. i'd like to have a strong bipartisan support for a strategy to achieve that. again, president obama has to lay out. this is a process. you have to hold hearings and find out exactly what he means by defeat. then he's got to lay out a strategy to accomplish that goal. then we'll talk about what kind of authorization he needs to implement that strategy. >> what about the fact that this thing is time limited? it's got a sunset provision that says this is just an authorization for me to do what

i need to do for the next three years. that's under criticism saying this is just going to make congress fight this out every three years. >> it's concerning. when president obama announced the surge in afghanistan and then the same speech he said and we're going to come home in two years, he pretty well made it difficult to succeed because who's going to support u.s. troops when they realize taliban will be flooding back into their towns andville villeages in a couple years -- >> why is that a bad thing? >> i understand. it is not the full commitment. if we're going to authorize the finest among us to defend this nation, we need to make sure the president is 100% committed to the achievement of whatever that goal is that he defines. >> okay. senator johnson good to see you, sir. >> have a good night. >> joining me with more, democratic senator tim kane who has his own visions. you have a different concern than the republicans do in

particular. you think there should be a geographic limitation on where this authorization can and cannot work? >> actually, megyn i'm fine with no geographic limitation. >> oh really? okay. >> but i do support a sunset. and i do support some definition to limitation of ground forces. but first i'm so glad we're at this day. we're six months into a war where american lives have been lost. we've spent huge amounts of money, thousands of air strikes and we haven't had in congress the debate and vote that the constitution requires. which means that we haven't essentially done what our service members deserve, which is -- >> the nancy pelosi thing. she was saying look don't get political with this although there are objections on both sides of the aisle. >> right. >> and then she was asked about this time limitation this sunset provision, which you favor. >> uh-huh. >> that's sort of telling the enemy when we're going to be done. and you're saying in three years we're going to be done so if you can wait us out three years. let me tell you what she said and then you respond.

>> i would hope that the period of time of this legislation will be much longer than it takes to deal with isil. >> do you think we'll be done with isil in three years? >> megyn sadly i don't. but i do think a sunset's a good idea. and here's why. we've learned from 14 years of operating under the authorization that was passed right after the afghanistan war, it's about 60 words, no geographic limitation, no time limitation. there are folks in the pentagon who say under this definition the war will go on for another 25 or 30 years. that's not what congress really intended when they voted. and i think the right thing to do is to be specific and clear. and then as you pointed out with senator johnson, if after three years we're not where we need to be, and we probably won't be at least have the president come back to the american public and congress and say here's the status right now, here's what we need to do going forward. >> the reason that's controversial is congress has a fistfight over everything. the american people don't believe congress can get anything done.

so when it comes to national security, shouldn't with trust our president? that's what nancy pelosi's saying, trust the president. but does she only mean if that president is a democrat? >> well i don't know what she means. but i'll tell you the framers had this right. war should be declared by congress. and we should do it before we start not try to put the horse in front of the cart six months later. but a large part of the reason this wasn't done in this case is because the congressional leadership, both parties, both houses, said to the president you do this we don't want to put our hands on it before the midterm election. and that really sticks in my craw because we shouldn't be asking service members to risk their lives unless members of congress are willing to do the hard thing and have a debate and a vote and say this is national interest. >> last question before i let you go, do you think this thing has the votes to pass? >> i do. >> really? >> it's going to go through some amendments and provisions but there's strong bipartisan support we need to be engaged in military action against isil. you'll see it amended, but i

think it will pass. >> tanks for being here. >> thanks, megyn. supplying staples for reportedly undercutting his health care law. but turns out staples claims it was doing no thing. the message the president of staples has tonight and what the president has to say tonight. plus, three young muslim family members shot dead. some now claiming that the murders are a hate crime, that they were targeted because of their faith. but police say it could have been sparked by a dispute over parking. trace gallagher with an investigation coming up. you exercise. you choose the salad. occasionally. but staying well - physically, financially, emotionally - its hard on your own. so cigna's got your back and your knees, 24/7. cigna's there to answer your questions. or when you need some coaching. in sickness and in health,

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developing tonight, an investigation into what grieving family members are calling a possible hate crime after the execution style killings of three muslim college students in

north carolina. trace gallagher live with the very latest. trace. >> and megyn, many in the muslim community say if the shooter in this case was muslim, the coverage would be nonstop. the victims, 23-year-old deah barakat, a dental student his wife and her 19-year-old sister razan mohammad were shot execution style. the two women were wearing head scarves. chapel hill police and the u.s. attorney's office in north carolina do not believe this was a hate crime. instead, they say it was likely an ongoing dispute over parking. the suspect is 46-year-old craig hicks, the victims' downstairs neighbor. hicks' wife says all people are equal and she too thinks this was a parking dispute. but craig hicks also has a history of being anti-religion posting on facebook praying is useless, narcissistic arrogant and lazy, just like the imaginary god you pray too. the victims' family says those

type of anti-religious rants point to a different motive. listen. >> we ask that the authorities investigate these senseless and heinous murders as a hate crime. >> the florida chapter of the council on american islamic relations also believes this is a hate crime citing "rising anti-muslim rhetoric in american society." but former federal prosecutor doug burns says hate is tough to prove. listen. >> in a hate crime you must prove beyond a reasonable doubt that the action taken, the killing in this case was specifically by reason of the ethnicity, religion, of the victim. >> megyn, the suspect is being held without bond. >> trace thank you. well one night after announcing a six-month suspension for brian williams, nbc news scrubs his name from its show open its website and its social media. dana perino on what that means.

plus, lanny davis is here. he actually wrote the book on crisis management. and why he says tonight that nbc's decision last night only made things worse for the network. and opening statements today in the "american sniper" trial. and then, chris kyle's widow took the stand. wait until you hear the chilling details of a message sent by chris kyle right before he was murdered. sometimes the present looked bright. sometimes romantic. there were tears in my eyes. and tears in my eyes. and so many little things that we learned were really the biggest things. through it all, we saved and had a retirement plan. and someone who listened and helped us along the way. because we always knew that someday the future would be the present. every someday needs a plan. talk with us about your retirement today.

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from the world headquarters of fox news, it's "the kelly file" with megyn kelly. developing tonight, nbc news wiping the slate clean removing the name of its now-suspended anchor brian williams from its iconic show open. watch. >> from nbc news world

headquarters in new york, this is "nbc nightly news." reporting tonight, lester holt. >> first time in ten years it has looked like that. the network also scrubbing williams' name from its website and various social media platforms. joining me now dana perino co-host of the "the five." she served as press secretary under george w. bush. look at the write-ups today including television news analysts saying he's basically been fired. this is it. >> i think it would be very difficult to come back after a six-month suspension. maybe that was try to give themselves a little cushion to see if this really doesn't work then maybe we can bring him back. maybe it was to try to be kind to him. but i think once you do a date like that, that means he's not going to be back on air before then. then they've probably made a decision that he's not going to be welcomed back. >> and the decision to scrub his name from everything. that's taking the property away from him. if i show up here one night and it just says "the file," i'm

going to know something. >> if it's "the four," i might not be there. >> and you were just gone skiing. i mean, it tells you something. it's very unceremonious but shows you the level of anger and maybe dismay at nbc news. >> it makes me sad because i grew up watching all of the network news with my mom and dad, and i loved the news. i hear that music from nbc and my ears perk up. oh, i'm going to learn something. >> i can say this knowing you personally, you are a faucet of goodness. you're a loving person who tends to look at the glass half full. but brian williams has a history with you. and i never hear you say an unkind word about anybody. but you don't have the fondest memories of him in his professional role. >> you want me to set this up? >> yeah. >> so nbc news and the bush administration were constant ongoing tensions. but as the press secretary you realize you got to deal with the biggest network. and nbc devoted a ton of coverage to hurricane katrina and the long road back is how they branded it.

>> that's one of the things he's being questioned for his reporting on now. >> indeed. on the anniversary of hurricane katrina, the first we invited brian williams for an exclusive interview with president bush. they talked about katrina, but it was the questions at the end of the interview that were so disheartening to me. and even now i don't like to see somebody humiliated or ridiculed, but i look back at this time and he had no problem trying to ridicule the president of the united states for his reading choices. >> let's watch it. >> we always talk about what you're reading. as you know there was a report that you just read the works of a french philosopher. can you tell us the back story? >> the back story of the book? >> well what led -- >> i was in crawford. and i said -- i was looking for a book to read and laura suggested and alvarez read three

shakespeares. >> this is a change. >> not really. >> three years ago you were reading joe dimaggio, been on a teddy roosevelt kick -- >> i've got an eclectic reading list. >> and now commode. >> well, that was a couple -- the key for me is to keep expectations low. >> is that what everyone doesn't get? >> i don't know, brian -- >> wow. >> it went on from there megyn, if i could remind everyone. the other thing brian williams asked president bush was a question about president bush 41 and clinton who bush 43 asked to go around the world ray u raising money for victims of the tsunami. brian williams asked if his relationship with his dad was so tarnished by the war that does he believe clinton and 41 are closer than 43 and 41? that was the katrina interview. so i hadn't thought about that. it's been almost nine years. obviously it still gets a little bit under my skin.

>> but the first part speaks almost to what we're debating now, which is did he feel the need to build himself up? >> with all respect to him he did not graduate from college. president bush graduated from yale and went onto get his mba from harvard. >> first president ever. >> there's a question about whether he felt the need to build himself up. you know, he's dropping names he's expecting surprise that president bush is reading what he's reading -- >> at the time i thought this was more of the accepted conventional wisdom of liberals in america that president george w. bush can't read. and if you read a biography about joe dimaggio, you surely can't read something by albert kamil. it was disheartening. that said i think even as much as i agree that nbc has a right to do what they do i don't like to read that brian williams life is shattered -- or that he feels shattered. i don't want to feel that way. >> it's not over for him. even if this job is over for him, he's too big a talent to

not land on his feet. >> he's going to need to give a really good on-camera interview, sitting here would be a good one for him. >> not just to be self-promotional -- >> he'd get a fair shot. >> he would. >> more than he gave to others skbl he would. dana, great to see you. >> thank you. >> it's very difficult to tick her off, but he managed to. my next guest has written the book literally on crisis management. he says nbc news may have made the situation worse last night. lanny davis, columnist for the hill. this is what you've written about, crisis tales. how you should disclose it all get it all out there first in a full way. what did nbc news do wrong in handling this? >> well i think what they did wrong is acting very hastily. and the punishment is so severe they didn't really put any context around why six months. and by the way half of $10 million a year is $5 million penalty. and they didn't really explain.

and their language is quite confuse ri and you raise the questions scrubbing him as if he's really a serious liar. what i wrote about in my hill column is that the evidence isn't clear that he intentionally misrepresented the truth as opposed to putting pieces of a memory together and simply misremembering which researchers as i've written happens to a lot of human beings. >> it does. i said this the first night this story broke, haven't you ever heard a story in your family over and over again and you wonder if you were there, and you weren't. but you heard it so many times. you picture yourself there. but the question is whether that could have happened with this hurricane katrina and iraq war and with the israeli war with lebanon. at some point it starts to get like, well, if that's your problem, it's too big a problem for you to hold this job. >> well, look, you asked me about crisis management. i would say that nbc has a

tough, tough call. they did lance the boil and get this over with. and to that extent some crisis managers would say yes, they've put it to rest. but they really haven't buzz they've left open the question, which i raised and which i wrote about, the difference between the mistake of memory which researchers have established happens to a lot of people, versus a lie is huge. >> uh-huh. >> if it was a mistake of memory and he conflated these things -- i quoted a researcher that took 50 people and said there's video of flight 93 on 9/11 hitting the ground. did you see it? 20%, ten out of 50 raised their hands. he said are you sure? they said yes. there was no such footage ever. but in their minds they put that together. if brian williams is responsible for that level of mistake he deserves to be reprimanded, disciplined, he has to learn to be more careful. but that's a lot different than a $5 million fine. >> do you agree with dana --

again, this isn't about me personally. do you agree he needs to get through this to gain to start rebuilding the trust. he has to go outside of the franchise and sit and be asked tough, fair questions. and answer them all. >> yes. he has to put himself through what would be a very difficult cross-examination. he has to take ownership of what was a huge mistake. i don't think yet it was a lie. i don't think there's a burden that has been met to prove he lied. and i think nbc has left very ambiguous why it's been so severe. they too have to explain this decision. and once the transparency occurs, which will be painful on this show or another such show or audience and media asking him questions, then i think he can put it behind him. he's a talented man. he's a truly nice man. i've met him a couple of times. i've been on his show many times. but he should not have his body

of life's work defined by this level of mistake. >> and the truth is americans are usually pretty quick to forgive. . lanny, good to see you. >> thank you megyn. >> we're taking your thoughts go to facebook.com/thekellyfile. let me know what you think. up next, president obama slamming staples for recordedlyportedly undercutting his health care law. >> when i hear large corporations that make billions of dollars in profits trying to blame our interest in providing health insurance as an excuse for cutting back workers wages, shame on them. >> staples fighting back tonight saying the president doesn't have his facts right. we'll examine it next with chris stirewalt. and, the bizarre new reason rapper kanye west says he tried to steal the grammy spotlight from beck on sunday night only to shine it on who again? beyonce. ♪

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no super-slow-motion footage of trucks splashing through the mud. no cowboy hats, horses or hay bales. just a ram 3500 that head to head can out-tow ford's f-350 by more than one and a half tons. get more facts at ramtrucks.com. hi. president obama today blasting office supply chain staples. in a buzz feed interview he says the company should be ashamed of itself for trying to get out of the obamacare mandates by allegedly cutting back on hours for part-time employees. watch here. >> i haven't looked at staples stock lately for what the compensation of the ceo is, but i suspect that they could well

afford to treat their workers favorably and give them some basic financial security. and if they can't, then they should be willing to allow those workers to get the affordable care act without cutting wages. when i hear large corporations that make billions of dollars in profits trying to blame our interest in providing health insurance as an excuse for cutting back workers' wages shame on them. >> so why so upset about staples, mr. president? which by the way says mr. obama has his facts wrong. joining me now chris stirewalt our fox news digital editor. push aside the fact staples says we're not cutting back on part-time hours or really enforcing our part-time rules because of obamacare mr. president. because there's evidence that, yeah, they've had this policy in place for a long time but really only enforcing it now. because if you go above 25 hours a week as a part-time employee, they've got to cover you with health care. so there's a dispute on the facts there.

but you answer my question about why president obama is so very concerned about staples not appreciating the spirit of obamacare and doing what in his view is the right thing. >> well, it is telling perhaps that in this lengthy interview, and this was the assessment from ben smith from buzz feed too, that what interested the most was not vladimir putin, it was not isis, it was not any of that stuff. it was staples and the fact that staples could be acting in come prevention of his health care law and it was the thing that set him off now. is it because staples was the mitt romney told over and over in the 2012 campaign? >> no it's because the president despises paper clips. remember that, he hates these cans? >> get out of the way! is it because of mitt romney's

interest in staples, does that create some emotional trigger i don't know. but i would say it's more like this. one month ago what happened in america that very few people noticed at the time was that the part of obamacare that will cause the most disruption is the employer mandates that will phase-in now over the next few years. it's for larger employers. it's happening now and they've delayed it past three elections. they passed the law in 2010 and delayed it past the 2012 election, even the '14 election. now it's upon us. so these stories are going to keep coming and these are going to be part of life. staples says, no we promise we're not doing anything that's in contravention. we promise, we would never do that. it's going to keep happening. it's going to be an ongoing consequence that will overlay as americans are filling out tax forms and paying fines and

having to submit insurance documentation and do all of this stuff. so the law after all this time and all these elections and all this delay it's finally going into effect. >> in this paddle game, that's all i need. that movie "the jerk," not a reference to president obama. just a funny line. these cans. good to see you, chris. >> you bet. >> up next dramatic testimony on the first day of the "american sniper" trial for the murder of former navy s.e.a.l. chris kyle. wait until you hear what chris kyle texted right before he was kill and had what had his widow breaks down on the stand. so,as my personal financial psychic, i'm sure you know what this meeting is about. yes, a raise. i'm letting you go. i knew that. you see, this is my amerivest managed... balances. no. portfolio. and if doesn't perform well for two consecutive gold. quarters. quarters...yup. then amerivest gives me back their advisory... stocks.

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breaking tonight, this just in on our lead story this

everyoning. the marine corps releasing a statement tonight clarifying what the marines did. under state department orders in yemen after evacuating the embassy there. initial reports were that they were directed to surrender their weapons. the marines now clarifying that no crew-served weapons were turned over to anyone but were instead destroyed at the embassy before evacuating. they say their personal weapons were not destroyed at the embassy. they were instead "rendered inoperable" at the airport and the destroyed components were left behind at the airport. they do not dispute, in this statement, the reporting that we have earlier tonight that centcom is outraged over this entire incident about weapons being rendered inoperable at the direction of the state department. and there are serious questions about why the marines were evacuated on this commercial flight or this private flight as opposed to by the armed

services. we'll continue to look into those reports and update them when we have new information. also breaking tonight veterans "60 minutes" correspondent bob simon has died in a car crash in new york city. the town car he was in crashed around 7:00 p.m. tonight on the west side highway. the former war correspondent joined "60 minutes" in 1996. he was 73 years old. and developing tonight, dramatic opening statements and testimony in the first day of the "american sniper" trial for the murder of former navy s.e.a.l. chris kyle. kyle's widow on the stand today breaking down as she testified about the fateful day she learned her husband was killed. trace gallagher has more from our west coast newsroom. >> megyn very emotional day in court with chris kyle's widow taya kyle taking the stand talking about her last conversation. she cried told the court she called her husband while he was driving to the shooting range.

she could tell something was up because he was quiet as if he couldn't talk because others were around. she later texted him but he did not reply. as taya cried in court, some jurors also teared up. eddie ray routh's attorney revealed that on the way to the shooting range chris kyle was driving, the other victim chad littlefield, was in the passenger seat and route was in the backseat. we don't know what they did or said but during the drive kyle texted saying "this dude is straight up nuts." littlefield texted back he's right behind me got my six. military term for got my back. routh later said he killed them before they killed him. the prosecutor told the jury routh admitted to investigators that on the morning of the shooting he used drugs drank whiskey and "knew what he was doing was wrong." graphic pictures of the murder scene were also shown in court today including the bodies

covered in blood. the families of both victims remained in the courtroom. the trial is expected to last a few weeks. megyn. >> trace, thank you. we'll be right back. but first, coming up on "hannity". >> i think it's time that this president really quit waging war on american values and actually declares total war against isis. fact. when you take advil you get relief right at the site of pain. wherever it is. advil stops pain right where it starts. relief doesn't get any better than this. advil. throughout the bass pro shops spring fishing classic you can save up to $100 each when you trade in a rod or reel. and save even more by purchasing with your bass pro shops or other mastercard credit card. with combined savings of up to 300 dollars off our sale prices. know that chasing performance can mean lower returns and fewer choices in retirement. know that proper allocation could help increase returns so you can enjoy that second home sooner.

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rushed the stage at the grammys this past sunday. kanye got up just as beck won album of the year. today ryan seacrest asked kanye why he pulled another kanye. >> right when that happened everybody was looking at me. and people started screaming kanye, kanye, go do it. okay. that didn't really happen. these are voices in my head. >> i'm like wait a minute i missed that. >> these are the voices in his head he said. >> the voices in my head told me go up. and then i just walked halfway up the stage -- >> but after the grammys kanye actually defended his actions. he didn't say anything about voices in his head. he said beyonce not beck, deserved that award. reminiscent of the 2009 mtv awards when kanye interrupted taylor swift's interrupted speech for best female video saying beyonce deserved that honor too. i mean if i were kim

kardashian, i would be getting a little irritated about his fascination with beyonce. just sayin. follow me on twitter at megynkelly. let me know what you think. thanks for watching. tonight -- >> their brand is spreading. >> this is happening at a speed much greater than al qaeda's brand ever spread. >> the president sends a war resolution to congress to fight isis. >> our coalition is on the offensive. isil is on the defensive and isil is going to lose. >> but no troops on the ground. so is the president making a strategic mistake? our military experts will analyze. suspended -- >> this is a very difficult story for us to report on. >> brian williams off the air for six months. we'll tell you how it all went down. and a "hannity" exclusive. >> chris was a humble guy. >> the navy s.e.a.l. who served alongside chris kyle responds to