start again, legerdemain when watching "the factor." i got it! i'm bill o'reilly. please remember the spin stops here cause we're looking out for you. breaking tonight, conflicting new reports and a lack of clear answers on why american marines were told to evacuate yemen unarmed as we learn new details on how the withdrawal did not go as planned. welcome to "the kelly file" everyone. i'm megyn kelly. new video reportedly showing yemen securityorces guarding a now-empty u.s. embassy in the yemen capital. it is the third embassy in an arab country abandoned by the united states in just over four years since the arab spring revolutions. tuesday the state department ordered everyone out. now new reports portray what may have been a hasty getaway. this is new video of at least 20 u.s. embassy vehicles left

behind and reportedly seized. some evacuating americans reportedly leaving their keys in the ignition. last night we reported on u.s. marines destroying their own weapons before boarding private planes and leaving yemen. no military transports were provided. why not? u.s. ships are positioned off the coast. now yemeni officials at the airport say the operation was not planned. >> translator: they arrived in their cars and entered the airport's parking lot. and it was not planned. but we seized the cars and their belongings. >> then today in southern yemen more troubling news. this unconfirmed photo apparently showing al qaeda raising its flag over a yemeni military base. al qaeda. and tonight new questions over whether yemen is becoming yet another terrorist safe haven in an increasingly chaotic middle east. earlier tonight i spoke to state

department spokesperson jen psaki. jen, thank you for being here tonight. >> my pleasure. >> what a mess the situation in yemen is now as you see al qaeda on the rise, this group we are not in favor of the taking over. and we're out of there. the third country in just over four years we have had to abandon in the middle east as our embassies evacuate. do we have control of our policies in the middle east. does this lack leadership -- >> let me say of course the safety and security of our personnel where they're serving overseas is a top priority. and yemen has long been a high threat post. it wasn't just the united states germany, the united kingdom, france and we certainly expect others will follow. the situation as you've referenced in your opening here is just too volatile to be on the ground right now. that's not about american leadership. that is about the situation on the ground and concerns about the future of yemen for the

yemeni people. >> but the government there was u.s.-backed. and as recently as september barack obama was touting it as an example of a country in which our counterterrorism program is working and our support of a foreign government is working. and here we are in early february, the government has collapsed. we had to abandon our embassy. our counterterrorism program must have taken a hit because before we left we destroyed all the classified materials. counterterrorism center is based in part the embassies as everyone knows. are we supposed to be looking at yemen as some sort of example of american success? >> well, first what the president was referencing was our efforts to cooperate on counterterrorism. that's ongoing. is it impacted by the volatility on the ground? absolutely. is it impacted by the fact we don't have a diplomatic staff on the ground? absolutely. but we still have means of communicating and working with a range of contacts and sources we have on the ground. >> who? >> that's continuing. >> who? the people we liked are pushed out of power and here's video of the people now in control.

they do not appear to be fans of the united states as they love to run around chanting the following. show the video. >> are those our new counterterrorism partners? >> there are as in any country there are counterparts we work with that are on the military chains, that are in other chains that are not necessarily diplomatic chains. and that is continuing in yemen today as we speak. >> jen the problem that the united states has now is it appears the policy we pursued in connection with the arab spring from december 2010 forward has failed. and at a minimum is in the midst of failing. we had to pull out of syria, our embassy. we had to pull out of libya, our embassy. now we've had to pull out of yemen. and it seems very clear that american influence in that region is diminishing while that of iran is on the rise. is that not correct? >> well first i think we have to look at each of these

countries individually. as it relates to libya, you're right. the president and others in the administration have spoken about what more we could have and should have done and as have other countries. syria's in the middle of a civil war with a brutal dictator who's killed hundreds of thousands of people. >> but there's a question whether we blew it. whether we blew it in each of those instances and in the case of yemen. >> well, megyn what i'm getting at is these are hardly exactly the same circumstances. and we're dealing with each of these countries separately. do we want a return to yemen? absolutely. that's why we suspended our operations. we plan on returning when we can. they don't want to go after the united states. the proof is in the pudding. >> well, the video sort of belies that promise. not just one slice of video. apparently at all their checkpoints they like to post a sign. like we have a yield or stop sign they have death to america literally written on their signs. >> well, megyn, there's no question that actions speak

louder than words. and they have said they want the americans, they want the westerners to be and have a presence in yemen. >> why was the evacuation from the embassy so hasty when we knew things were deteriorating for weeks now? we sent amphibious ships to the region. we evacuated some people from the embassy. and it's very clear something did not go according to plan when you have u.s. diplomats rushing to the airport, leaving keys in the cars and u.s. marines leaving so quickly they have to destroy their government-issued weapons at the embassy and take personal weapons so they're safe en route to the airport and destroy them before they board not a military plane but a commercial one. >> first, it wasn't hasty. >> it wasn't? >> just because everybody didn't know what the plans were, doesn't mean the plans weren't there for weeks. you referenced the ships. obviously we worked on getting a plane. we also have a range of options we can take when we're talking about a high threat post.

>> we're so chummy with the neighboring country, why wouldn't they let our u.s. marines bring their guns on the plane? >> well, megyn, the marines which i know they've spoken to and i know you've put out the accurate information on this. >> right. >> they've put out the proper protocol to destroy their weapons or to disassemble their weapons before they got on the plane. what wasn't planned here is for the -- we obviously have staff that work loyally and proudly in partnership with our embassy. but we're not going to put them at risk either. did everything go exactly as planned? no. but we've been planning for weeks and everybody was put in proper protocol for the -- >> who gave the call to destroy weapons? our report was state. >> it was not the state department. >> was it the ambassador? >> it was not the ambassador.

>> was it the pentagon? >> i don't have anymore details. i can tell you it was not the state department. >> there would be no problems with u.s. military maintaining their guns if they'd gone out on a military transport. >> this was the way we determined was the best way to bring our staff out of yemen. it wasn't needed at the time. obviously we can bring used military equipment when we need we work closely and with every contingency plan that we met around the world. >> let's talk about isis. because just yesterday president obama said about isis that they are losing morale and -- there's report that isis has taken over a town in iraq that's like 13 minutes away from the marine air base. there's a station and pentagon confirmed that isis has spread to afghanistan and though they describe sort of the beginnings of isis. but that doesn't seem to jibe

with president obama's statement that isis is on the defensive, morale is low. he seems to be giving us the impression that it's on the decline and yet the facts don't seem to be bearing that out. >> well, the fact is that there are a number of areas of iraq including the one you referenced that have been highly fought back and forth over the past several months. we have been able to push back in several areas of iraq with the iraqi security forces on isil. we've also killed a range of military isil military leaders. they are also having a harder time having access to funding. is there more work to be done? is this a wrong road? absolutely it is. >> let me ask you about this other -- there's a piece in the jerusalem post today. it's an op-ed written about what they perceive as the president's, the administration's interference in the israeli election. they believe that the voice, that has received over $200,000 from the state department not for this purpose but has received this grant from the state department, is interfering in that election.

that they are funding, and it is true one voice is funding this group working against netanyahu. the complaint is that in essence this is the u.s. government funding a group that's trying to bring down netanyahu at the same time the president says we would never interfere in a foreign election. i know it's true that the state department has given money to one voice, over $200,000, for a different purpose. but do you believe that now the state department should go back to one voice under the principle that money is fun jable and that they've become so politically active and say we would like the taxpayers money returned? >> well, first the grants given to one voice ended at the end of november, which was before the israeli elections were even called. >> understood. >> we know what that money was used for. there are so many requirements in law. it was about promoting the peace process, which the israelis were closely engaged in. >> understand. >> we don't have any involvement in the israeli elections. we don't plan to have any involvement. >> some have said under these circumstances given the circumstances as i've laid them

out, state should go back to one voice and say we want the taxpayers money back. you have become a political operative and it's now inappropriate for you to have $200,000 of the american people's money? >> we do not. and here's why. the role that they were playing and the money they were using this grant for through which there are a range of restrictions, was on a bipartisan-supported effort in israel to support a two-state solution. that is a grant that ended, the money was done at the end of november. >> how do you know the money was done? how do you know they aren't still using the money that you gave them for this new effort? >> because you have to account for otherwise there will be investigations as we've all seen for exactly the money and how it's spent. and there's reporting that is required to be done about every dollar and cent of money that's spent of u.s. taxpayer dollars. >> all right. jen psaki, always great talking to you. >> thanks, megyn. >> in a moment, charles krauthammer watched the entire interview with ms. psaki. wait until you hear his reaction

next. and governor scott walker under fire because he did not graduate college. some on the left appear to have found a brand new target. we'll examine why. >> scott walker were he to become president he would be the first president in many generations that did not have a college degree. the issue is how well-educated is this guy. >> are you serious? >> i like -- >> yeah. ♪ 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", a whale-sized movie for giant screen

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log on to learn more. also breaking tonight new information on what the evacuation of the u.s. embassy in yemen means for the united states. amid fears that this is a major setback in the hunt to destroy al qaeda's most dangerous affiliate. charles krauthammer watched my interview with ms. psaki. he's a syndicated columnist, fox news contributor and author of "new york times" best seller "things that matter" with over 1 million copies sold. here is our exchange. charles, thank you for being here. so yemen, the bottom line is collapsing right now. and even ban ki-moon of the u.n. has confirmed that. and it also happens to host our most dangerous enemy al qaeda. a faction of al qaeda. and yet, you know, jen psaki says, you know, we all had to go. we weren't the only country and you know it's too bad but it's

really not our fault. >> when you're reduced to saying the germans had to close their embassy, you know how far we've fallen. german isn't exactly a power in the middle east anymore. it was in the '30s, but not now. look, i used to say that jay carney was underpaid. well, jen is vastly underpaid. that was a very -- when you're dealt the hand she is and you try to defend it you've got a tough job. look on the tactical level just sort of explaining looking at the evacuation it's really humiliating. this is after benghazi. it isn't as if we didn't know what was going to happen. the houthis took effective control of sanaa, the capital, a few weeks ago. a week ago they announced they were going to take over the government. this is not sudden. it isn't as if it happened overnight. and yet with all the planning they had to leave with the keys in the cars running. the marines humiliatingly had to remove their weapons and leave

them behind. and u.s. why was there no military transport? there was no answer to that. i assume it's because the houthi government or the -- could not guarantee the safety or might have even said we're going to shoot you down. >> maybe the people death to america signs didn't really want to help us out too much. >> maybe when people hold those signs and they do the chanting they actually mean it. >> the problem is it's not just yemen. i mean, yemen is a may job problem because of al qaeda's faction there. but as i pointed out with jen, it appears that president obama's middle eastern policy is in tatters. i mean the embassy in yemen the embassy in syria, the embassy in libya. the hopes and dreams behind the arab spring have not materialized. and as we've gotten behind the removal of these autocratic leaders, what has replaced them has been anything but favorable to the united states. >> look, this is a policy in

complete collapse. in 1970 henry kissinger managed to maneuver the soviets out of the middle east. they were alied with egypt. we broke that alliance. became an ally of the u.s. we were the hedge -- we were the dominant power of the region for four decades. and in these six years of obama that has evaporated. and the reason is not difficult to understand. obama said at the beginning of the presidency, i'm here to end wars. and even yesterday in announcing the authorization for the use of force against isis said we do not -- we're not interested in endless wars. he has announced to the world again and again we're getting out. >> uh-huh. >> even when he announced the escalation, the surge in afghanistan, the sentence after announcing the surge he says we're getting out on a certain date. the world knows from afghanistan

to the libyan desert that obama does not want to be involved. so what happens? these places are unstable in civil wars. you are either going to join the pro-american side, the pro-democratic side the pro-western side or join the radical islamists. and let's say you're neutral, a peasant, which way are you going to go? you know the u.s. is leaving. you know the u.s. is not going to be around. you know the u.s. is creating a vacuum in the region. and when the americans are gone, which under obama you know is going to be soon, the other guys are going to come and they're going to kill you, slit the throats of your family and take away your women. when you're a peasant you have to make that choice, the choice is easy. >> let me ask you before i let you go, the one strongest ally we have in this region is israel. obviously jordan's another one. but israel's the strongest aligned to the united states and strongest military.

with that ally it seems to be ak ri moanny and confrontation and poking the bear and affronts to benjamin netanyahu. why? >> well, what do you think i am a psychiatrist? i can't quite work that one out. but i will point out that barack obama has fore sworn regime change in the region -- remember when we had the iranian revolution under obama's watch in 2009? well, there's a chance to get rid of the most anti-american regime in the region. he didn't lift a finger even rhetorically. no regime change. he said that's bush stuff. that is not -- except in one place. the one place he actively trying to change the regime is in israel. he's doing everything he can to outmaneuver, to humiliate, to insult, to give the back of the hand to b.b. netanyahu knowing that for an israeli prime

minister jeopardizing the u.s.-israeli relationship could be fatal at the polls and that's exactly what obama's doing. >> charles, great to see you. thank you for being here tonight. >> sure, it's a pleasure. a new bombshell from the irs. illegal immigrants who never paid taxes could soon be getting tax refunds thanks to president obama. and wait until you hear what else we learned today. a stunning report is next. and never-before-seen dash cam video of chris kyle's accused killer leading police on a dramatic chase after he took the life of the american sniper. why the prosecution says this video proves their case. 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. know the right financial planning can help you save for college and retirement. know where you stand with pnc total insight.

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now to a "the kelly file"

investigation. a stunning revelation from the irs commissioner today as he admits that thanks to the president's executive action on immigration illegal immigrants who paid taxes can now claim refunds. and so can illegal immigrants who never paid taxes. huh? trace gallagher live in our west coast newsroom. trace. >> megyn, nobody knew about this because before the president signed his executive order halting deportations for nearly all illegal immigrants the head of the irs says no one bothered to ask them what the tax implications would be. so now we're learning that u.s. taxpayers owe money to people who are in this country illegally. and here's how it works. right now there are only about 700,000 undocumented workers who pay taxes using a current taxpayer id. but under the executive order several million illegals can now apply for work permits and social security numbers. and then they're automatically eligible for the earned income tax credit. that's a refund you get when you

work whether you pay federal taxes or not. on top of that illegals who are using phony taxpayer id numbers for the past three years can use their new social security cards to get refunds for those years as well. whoen the house oversight committee found out how this whole deal works, there was some concern about the lack of information that comes along with executive orders. listen. >> if we were to do what the president did by legislation that he did by executive order that we would have to go get an estimate of exactly what you and i are talking about here today. >> from the joint committee on taxation or cbs yes, sir. >> irs commissioner josh koshkinen says no idea how much it's going to cost because no one planned for it. >> it's so great when you can bypass congress.

so much red tape. trace, thank you. 2016 presidential candidate scott walker under attack from the left today. howard dean apparently feels, he, governor walker is too stupid to govern. so why all the attention on governor walker? marc thiessen explains. and president obama like you have never seen him before. but does this diminish the office of the presidency? you will be surprised at who's making that charge tonight. >> the deadline for signing up for health insurance is february -- >> not like any other wednesday, wednesday. >> february. >> wednesday. >> february 15th. february 15th. ull day for me, and i love it. but when i started having back pain my sister had to come help. i don't like asking for help. i took tylenol but i had to take six pills to get through the day.

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idea of evolution? do you believe in it? do you expect it? >> for me i'm going to punt on that one as well. >> no, really? >> that's a question a politician should be involved in one way or the other. i'm going to leave that up to you. >> that was wisconsin governor scott walker being asked his thoughts on evolution during a trade mission to the united kingdom. the governor's coming under increased scrutiny as he considers a white house run. just this week newspapers like "the washington post" have been investigating his college years, producing in-depth reports on the fact he did not graduate. all of this fodder for morning television. >> scott walker, were he to become president would be the first president in many generations did not have a college degree. he's never finished. >> right. >> so the issue here is not just an issue of dancing around the question of evolution for political reasons the issue is how well educated is this guy? that's the problem. >> are you serious?

i like that. >> you do? >> he didn't finish his senior year so he didn't get all his stuff. >> are you saying he didn't finish college? do you worry about people not finishing college? >> i worry about the president of the united states not knowing much about the world and not knowing much about science. >> oh, god. >> joining us marc thiessen, former speech writer for george w. bush and fox news contributor. he also happened to write a book with governor walked call the unintimidated. a governor's story and nation challenge. also democratic strategist who worked on the clinton campaigns and also co-founder of zimmerman ed lson public relations. a lot of focus on governor walker, marc thiessen. a lot of focus on him. and the questions that linger as "the washington post" put it, over his college exit and his stance on evolution. >> yeah i know. i think howard dean would have liked it more if when he was in iowa walker had screamed during his speech. that would have made it better

for howard. look, why is the left so upset about -- why is howard dean going after scott walker? why is "the washington post" putting a front page story on the mystery of why he didn't finish his college degree? because they're afraid of scott walker. and they have a reason to be afraid of scott walker. because this is a guy who wins without compromising. scott walker won three elections in four years in a state -- a blue state that has not gone republican for president since ronald reagan. before that he won three elections in milwaukee county, which is the bluest of blue districts in wisconsin. and he did it while governing as an unapologetic conservative. so what he's shown is that you can win the center without moving to the center. and that is what the greatest fear of the democrats are is we put somebody up who can actually win the center without moving to the center and compromise. >> you know marc maybe i missed something. but i didn't recall your sense of indignation and outrage when glenn beck and donald trump and others were attacking president

obama and spreading lies and misinformation about his college record and his college grades. it's absolutely wrong to see governor walker attacked for not finishing college. that's not the issue of this presidential campaign. but the bigger issue is the test of presidential character and leadership. i'm more concerns about scott walker not being able to answer a question about vaccines whether it should be nationwide. or answering a question about evolution -- >> what about vaccines? >> he was at a trade seminar and asked about his views on evolution. you tell me whether he should have fielded that question -- >> he should not have fielded that question. that question is so insulting to begin with. >> it's called science, marc. >> let him finish. go ahead, marc. >> it's an insulting question. do you ever hear a democrat ask the question do you believe we're in biblical creation? do you believe we were created by god? >> comes up in every campaign. >> what they're basically asking scott walker is are you one of

those crazy christians that clings to god and guns? that's what they want to know. the proper answer to that is next question. he doesn't have to answer that question. it's a rude question. and it's absurd. >> marc, what's an excuse for answering questions on climate change and whether human beings contribute to it? >> he's going to have to answer all that. but the question whether he had to answer to some guy in the uk it was krauthammer called it -- condescending. >> if he's running for president he's got to be prepared to -- >> he has to do it when i ask him. but he doesn't have to do it when some jerk in the uk does it. let's switch gears. president obama apparently felt the need to talk to buzz feed about, i guess the obamacare deadline. the enrollment deadline that's coming up. and chose an interesting way of doing it. let's watch a little. ♪

>> so now, marc, he is getting hit by "the washington post" which called this a humiliation -- or is it "new york times" called it humiliation and "the washington post" also took a hit at him over this saying he's you know being, i don't know what the word was, goofy -- weirdo, oh, obama being a weirdo they wrote. and earlier on special report george will called it diminishes the office of the presidency but they were most concerned about the fact this came out, i guess, on the day the public was informed kayla mueller, an american, had been killed by isis. your thoughts on it. >> you know, it's just not that funny. that's the problem. the best presidential humor throughout history has been self-dep ra kating humor. ronald reagan used to joke about his age. i think he said once if i've given strict orders in a crisis i have to be awakened even if

it's in the middle of a cabinet meeting. that's making fun of yourself. that's funny. obama seems to be trying to show us how hip he is. he's got these, use the phrase yolo, what president says yolo? >> i'm so unhip i had to google that. what does that mean? it means you only live once. >> mark, i think your biggest worry is the fact that commercial works. in three hours they had over -- >> i'm not worried about that at all. >> they had over 5.4 million viewers. and the reality is this is why democrats have been able to appeal and reach millennial. to republicans millennial are 65 years of age and above. their commercial just became talk talkies. so to be able to reach younger demographic the president has been able to do it effectively. >> what's the criticism we heard earlier, the optics of this coming out knowing that this was the day the public was informed kayla mueller, an american had been killed by isis. today we had ban ki-moon of the u.n. testifying that yemen is

collapsing. and that happens to be the home to our most dangerous adversary. you know, is there an optical problem there? >> look, when buzz feed chose to release it i can't speak to that issue. >> he shot -- they shot it on that day. >> well, the reality is i think it's really a very -- i think it's really very unfair to in any way imply the president was not sensitive to or responsive of those international issues. i think that's really inappropriate. the real issue here is the fact this is a commercial that's designed to reach millennial did it effectively. and that's where the republicans are objecting. >> what about it, marc. a lot of people saw this and laughed and said good for him. makes him seem more relatable and likable. >> it's very inappropriate to suggest he would do something like this because he never went out and golfed after announcing an american had been beheaded. come on. this guy's not exactly the political -- when it comes to this stuff. the big problem with this megyn, it's not that it's offensive.

it's not funny. >> marc, i think you're traumatized by richard nixon singing sock it to me on laugh in. maybe you saw it when you were a kid. every president goes through these -- >> marc has told me many times of his trauma. kind of cruel of you to bring it up, robert. good to see you both. >> thanks, megyn. >> another day big development in the "american sniper" murder trial including never before seen dash cam video of chris kyle's accused killing leading police on a dramatic chase. while the prosecution says this video proves their case. and breaking news in the murder of three muslim students in north carolina. why the feds are now getting involved. and what had one woman so mad she headbutted another woman in the middle of a walmart store? ow! how much money do you have in your pocket right now? i have $40 $21. could something that small make

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white sweater. the two apparently shared words the day before while they were in the tax office. the one who received the headbutt, the lady in yellow, says her injuries are more severe than first thought and she pressed charges today. she apparently has two loose teeth. the headbutter in the white sweater told our local fox affiliate she does not regret anything. okay. ow! also developing tonight, new details revealed in day two of the "american sniper" murder trial. for the first time today we learned chris kyle and his friend chad littlefield both had their guns loaded and holstered at the time they were murdered. that proved the most lethal sniper in u.s. history was caught off guard and really had no chance to save his own life, by eddie ray routh, the defendant who shot these two men on a february 2013 day at a dallas shooting range. also today dramatic new police dash cam video shows the

lengthy pursuit routh led police on hours after the double murder. mark iglarsh, good of you to be here. when you see, arthur, the fact they've got the guy chasing, evading the police, attempting to on this dash cam video what does it tell you as a prosecutor? >> well, as a prosecutor your argument to the jury is going to be he knew right from wrong, he knew what he was doing was wrong. and as we saw a couple nights ago the opening statements, the defense he didn't know what he was doing right from wrong. as the prosecutor what you're going to say for post-traumatic stress disorder for it to kick in there's usually a trigger. the most common example is someone comes back from war and then they hear a car backfire, or a loud noise at a construction site and think it's gunfire. and that triggers it. it's a trigger. and it puts them in this altered

state. here these guys were firing their weapon they seemed like -- there was nothing that would cause a trigger. so ladies and gentlemen of the jury -- correct, so ladies and gentlemen of the jury, there is no post-traumatic stress. >> that's what the pro setting up there's no ptsd and he ambushed two guys basically sitting ducks with their guns holstered rk marc. >> i think that would be a big mistake if the prosecution doesn't at least concede he may have some mental illness, but he clearly knew right from wrong should be the argument. look at his state of mind. he made that very clear when he spoke with his sister right after the shooting. his words to her, apparently people were sucking his soul and that he could smell the pigs. and he was going to get their souls before they took his. what person in the right state of mind says that? also, it was kyle's own words that i think the defense is going to use to bolster their claim -- >> this was big today. >> his words. he texted while they were on their way to the shooting range

this dude is straight up nuts. you couple that, megyn, with the fact he's been to the psychiatric hospital several times right before the shooting and the months leading up to the shooting, what? he did this because he was completely sane? i don't know. >> and what about that, arthur? chris kyle texted to his friend littlefield, this guy is straight up nuts. and then his friend, littlefield, texted back. they're texting because the guy is in the backseat. the guy who killed them. he texts back he's right behind me, watch my six. which is a way of saying watch my back. the defense is saying even the two victims, you know not long before they were killed knew that he was insane. >> but does -- no. there's a difference between saying someone is nuts and meaning the legal definition of a mental disease a defect, to the point where you can be found not guilty by reason of insanity. which, megyn, the jurors just don't buy it. it's less than 10% that the defense is successful.

>> i agree. mark, i agree with him on that, it reallyarely works. but they have argument here. >> i want to shift case because there's this situation in north carolina where there were three muslims women killed by their neighbor, but the question is whether it's a hate crime or murder without the added hate crime charge. the father of the two girls who are sisters here says this was about them being muslim. and the police say at this point they believe this was about an argument over a parking space. arthur, how do they prove that this was a hate crime? >> well they have to show that it was a real element, a substantial part of the crime. it doesn't have to be the whole part, but it's got to be a substantial part in the crime had to do with their religion. i don't think they're going to prove it. i don't think they're going to get there. just because you're an atheist doesn't mean you want to wipe out all other religions.

i will tell you megyn, some of the cases i've handled that have been the most vicious have to do with neighbors that have a shared driveway. i'm talking about professional educated people who are willing to go to the mats over whose car gets to pull in first and second. and see in documented history that they had a real issue between them. >> so this guy randomly brutally -- >> not randomly. >> you're right. not random. you're right. that's what you're trying to have people believe. in fact, the defendant's own wife said the following, there's a long standing dispute with these neighbors. he visited their home several times with a gun, said things from his mouth that placed them in such fear believing that he didn't like them because of their religion -- >> no no no no. >> let me ask you this. apparently this guy had been a problem in the complex for a while. another neighbor, 25, says hicks gave everyone a hard time regardless of race and religion.

neighbors held a community meeting last year at the complex's house to discuss him because his actions made them feel unsafe. >> you know who he gave the most difficulty to? the ones with the head garb. and the family members were warned this guy was targeting them before he did the fatal shooting because of their religion. things he said to them led them to believe that. told the family members who would testify. >> -- critical of muslims. >> but he didn't like any religion. he was an atheist. he didn't believe in organized religion. >> in part. that motivated it. in part, arthur. that's all it takes. >> the motivation of atheists don't really wipe out -- in this case, doesn't matter he's facing the death penalty. >> on that we can agree. >> without any hate crime. he executed three wonderful people. so he's still facing the death penalty hate crime or no hate crime. >> good to see you both. up next, a little league

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developing tonight jesse jackson is now getting involved after a little league world series championship team is stripped of its title. trace gallagher has the story from our west coast newsroom. trace. >> megyn jesse jackson says unless these kids get their little league title is back a lawsuit is possible. but today the attorney for jackie robinson west little league in chicago seemed to walk that back. listen. >> there is no talk of a lawsuit. we don't know enough information yet to know why the league made the decision that it did. as i said again because we haven't received anything in

writing. >> little league international says it stripped jackie robinson west of their title because it used kids from outside the area. in other words they plucked star players from nearby leagues to build a dream team. it was a cross-town rival little league that blew the whistle, and kept blowing it until the league finally investigated. listen. >> the wisdom that could have happened given all this publicity has gotten is little league to walk away from it. all we've done is air the blueprint of how to cheat successfully. >> but many are saying this isn't about rules it's about race. listen now to the mother of one of these players. >> it is amazing to me that we as african-americans exceed the expectation that there is always going to be fault that is going to be found in what it is that we do. >> remember, this was the first all-black team to ever win the u.s. little league championship.

the lawyer for jackie robinson west says he's not raising the race card. but then he said this. >> we don't want one set of rules for a team from chicago and another set of rules for a team from evergreen park. we don't want set of rules for the police and another set of rules for young black men. >> white teams have also had their titles taken away, megyn. >> up next, some love between fox news and cnn. ptain obvious: i probably wouldn't stay here tonight. man: thanks, captain obvious. captain obvious: i'd get a deal for tonight with deals for tonight from hotels.com. and you might want to get that pipe fixed. (vo) after 50 years of designing cars for crash survival, subaru has developed our most revolutionary feature yet.

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with a new book the whole life fertility plan," she's married to fox news's john roberts. she's a classy beautiful lady. whole life fertility plan. i'm exhausted just thinking about it. tonight, will bill clinton's connection to a convicted sex offender hurt hillary in 2016? >> as you know this world is a fearless place. >> and democrats are devastated over jon stewart's departure. >> i would certainly describe myself as a fan. we will certainly be sad to see him go. >> and speaking of comedy, the president spent some time, well, goofing around with buzz feed. oh, yes, he did. plus, ainsley earhart, joanne -- and dagen mcdowel will answer the age old question do you believe in love at first sight? "hannity" starts right now. welcome to "hannity." and speculation continues to mount regarding former bill