again, legerdemain when watching "the factor." i got it! i'm bill o'reilly.

now, officials say the operation was not planned. >> it wasn't. >> they arrived in their cars and entered the airport parking lot. we seized cars and belongings. >> and today, this unconfirmed photo showing al qaeda raising a mrag over a yemeni military base, al qaeda. and questions whether yemen is becoming yet another terrorist safe haven.

today i spoke to state department spokesperson. thanks for joining us tonight. >> my pleasure. >> what a mess you see yemen in. this group we're not in favor of, and we're out of there. the third country in over four years we've had to abandon in the middle east. do we have control of our policy in the middle east? does this reflect a lack of american leadership? >> megyn first, the safety and security of our personnel, where they're serving overseas is a top priority. yemen has long been a high-threat post. it wasn't just the united states germany, france, we expect others will follow the situation is just too volatile to be on the ground now. that is not about american leadership. that is about the situation on the ground and concerns about

that. >> barack obama was touting it in a example of how our support of a foreign government is working. here we are. the government collapsed we've had to abandon our embassy. our counter terrorism program must have taken a hit. before we left we destroyed classified materials counter terrorism center is based in part in the embassies. now, are we still supposed to be looking at yemen as an example of american success? >> well, first was our efforts to cooperate on counter terrorism. that is ongoing. is it impacted by the volatility on the ground? absolutely. impacted bit fact we don't have a diplomatic staff on the ground? that is continuing. >> who the people we like there now pushed out of power. here is video of the people in control. they do not apriler to be fan

-- appear to be fans of the united states. they run around shouting. >> i mean are we supposed to be coordinating with them? are those our new counter terrorism partners? >> there are counter parts we work with that are on the military chains and other chains that are not necessarily diplomatic chains. that is continuing in yemen today, as we speak. >> the problem the united states has now is it appears the policy pursued in connection with the arab spring failed. and a minimum in the midst of failing. we had to pull out of syria libya, now out of yemen. and it seems clear american influence is diminishing. that is iran on the rise. is that not correct? >> well, first, i think we have to look at each of the countries

individually. as it relates to libya, you're right. the president and others have spoken about what more we could have and should have done. syria in the middle of a civil war with a brute dictator. >> but is there a sense of we blew it? >> what i'm getting at is that these are hardly exactly the same circumstances. and we're dealing with each of these countryies separately. do we want to return to yemen? absolutely. the hootis have said they don't want to go after the united states. >> the video belies that. >> we have a yield at check points. they have death to america on their signs. >> well, there is no question that actions speak louder than words.

they have said they want the americans. they want westerners to be and have a presence in yemen. >> why was evacuation so hasty? we sent ships to the region and evacuated people from the embassy. it's clear something did not go according to plan when you have u.s. diplomats leaving keys in cars and u.s. marines having to leave so quickly they have to destroy government-issued weapons and take personal weapons and having to destroy them before building a commercial plane. iet wasn't hasty. iet wasn't? >> no. >> didn't know what plans were. didn't mean the plans weren't have been planned for weeks a range of options you referenced a ship. we worked with yemenis in getting a plane. we have a range of options we can take when talking about a high-threat post.

>> why wouldn't they let our u.s. marines bring their guns on the plane? >> well megyn. the marines, know you have put out accurate information on this, they followed proper protocol to destroy weapons or to disassemble their weapons before getting on the plane. what wasn't planned here is for the hootis to take control of our vehicles we had locally employed staff who work proudly in partnership with our embassy. they were going to drive the cars back but we're not going to put them at risk either. did everything go as planned? no. we've been planning this for weeks and everybody was following proper protocols. >> who gave the order for u.s. marines to destroy personal firearms? they're reporting it was state? >> it was not the state department. they have said it wasn't the state department. it was not the ambassador. they talked about protocol

followed. with nonstandard protocol. i don't have anymore details for you. >> why didn't we send them out in military transport? >> this was the way we determined was best way to bring our staff out of yemen. we can bring, we use military equipment and assistance when we need it. we work with dod on every plan implemented around the world. >> let's talk about isis. just yesterday president obama said about isis that they're losing morale and that isis is now on the defensive. and yet, today there is a report isis is now completely taken over a town in iraq that is about 13 minutes away from a u.s. air base where marines are stationed there. and in addition there is a report in the pentagon confirmed this, that isis spread to afghanistan they describe it as sort of the beginnings of isis. but that doesn't seem to jive with president obama's statement

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

true one voice is working against netanyahu this is the u.s. government funding a group trying to bring down netanyahu. i know it's true the state department is giving money to one voice for a different purpose. do you believe now, the state department should go back to one voice under the principle that since they have become so politically active and say we'd like taxpayers' money to be returned? >> first, the grant given to one voice ended at the end of november, before the israeli elections were called. we know what that money was used for. there are many requirements in law. it was about promoting peace process with israelis were engaged in. >> understood. >> we don't have any involvement in israeli elections. >> some have said under the circumstances, states should go

back to one voice and say we want taxpayer money back you've become a political operative and it's not appropriate to have $200,000 of the american peoples' money. >> we do not. here is why the role they were playing and money 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 grant ended the money was done at the end of november. >> how do you know the money was done? how did you know they're not still using the money you gave them from the new effort? >> because have you to account for otherwise there will be investigations for the money how it's spent. there is reporting required to be done about every dollar and cent of money spent as u.s. taxpayer dollars. >> it's great talking to you. >> thank you. >> in just a moment charles krauthammer. watch the entire interview and wait until you hear his reaction, next.

>> possible 2016 presidential candidate 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 would be the first president who did not have a college degree. issue is how well educated is this guy? that is a problem >> are you serious? >> are you? >> i am. >> yes. they call it planning for retirement because getting there requires exactly that. a plan for what you want your future to look like. for more than 145 years, pacific life has been providing solutions to help individuals like you achieve long-term financial security. bring your vision for the future to life with pacific life. talk to a financial advisor to help build and protect your retirement income. pacific life.

the power to help you succeed.

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 houth 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. every truck can tow a boat. every truck can climb a hill. every truck can haul a trailer. but not everyone can say they're the fastest-growing truck brand... in america. guts. glory. ram. ah! come on! let's hide in the attic. no. in the basement. why can't we just get in the running car? are you crazy? let's hide behind the chainsaws. smart. yeah. ok. if you're in a horror movie, you make poor decisions. it's what you do.

this was a good idea. shhhh. be quiet. i'm being quiet. you're breathing on me! if you want to save fifteen percent or more on car insurance you switch to geico. it's what you do. head for the cemetery! nobody told us to expect it... intercourse that's painful due to menopausal changes it's not likely to go away on its own. so let's do something about it. premarin vaginal cream can help it provides estrogens to help rebuild vaginal tissue and make intercourse more comfortable. premarin vaginal cream treats vaginal changes due to menopause and moderate-to-severe painful intercourse caused by these changes. don't use it if you've had unusual bleeding breast or uterine cancer blood clots, liver problems, stroke or heart attack, are allergic to any of its ingredients or think you're pregnant. side effects may include headache pelvic pain, breast pain vaginal bleeding and vaginitis. estrogens may increase your chances of getting cancer of the uterus, strokes, blood clots or dementia so use it for the shortest time based on goals and risks. estrogen should not be used

to prevent heart disease heart attack, stroke or dementia. ask your doctor about premarin vaginal cream. female announcer: through presidents' day, get 36 months interest-free financing, and save up to $300 on beautyrest and posturepedic. even get three years interest-free financing on tempur-pedic. plus, free delivery, set up and removal of your old set. and sleep train's 100-day money back guarantee. keep more presidents in your wallet. this special financing offer ends presidents' day at sleep train. ...guaranteed! ♪ sleep train ♪ ♪ your ticket to a better night's sleep ♪ in our house, we do just about everything online. and our old internet just wasn't cutting it. so i switched us from u-verse to xfinity. they have the fastest, most reliable internet. which is perfect for me, because i think everything should just work.

works? works. works! works? works. works. 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. ♪ go! go! go! he's challenging the very fabric of society. in a post cannonball world! was it grilled cheese? guilty! the aquatic delinquency is a larger issue to this ♪ you did it again, didn't you? yup. ♪ how much money do you have in your pocket right now? i have $40 $21. could something that small make an impact on something as big as your retirement? i don't think so. well if you start putting that towards your retirement every week and let it grow over time, for twenty to thirty years that retirement

challenge might not seem so big after all. ♪ ♪ if you're taking multiple medications does your mouth often feel dry? a dry mouth can be a side effect of many medications. but it can also lead to tooth decay and bad breath. that's why there's biotene available as an oral rinse toothpaste, spray or gel. biotene can provide soothing relief and it helps keep your mouth healthy too. remember, while your medication is doing you good, a dry mouth isn't. biotene, for people who suffer from a dry mouth.

are you comfortable with the 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 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 calle 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!

right! now you're gonna ask for my credit card -

- so you can charge me on the down low two weeks later look, credit karma - are you talking to websites again? this website says 'free credit scores'. oh. credit karma! yeah, it's really free. look, you don't even have to put in your credit card information. what?! credit karma. really free credit scores. really. free. i could talk to you all day. (melodic, calm music) hi, this is jennifer i will be out of the office until monday, and won't be checking voicemail during this time. i'll reply just as soon as i get back to work. sail with princess cruises the number one cruise line in alaska. save up to $500 during our 50th anniversary sale. call your travel consultant or 1-800-princess. princess cruises. come back new.

and dramatic pursuit he led police on. and fox news legal analyst. good of you to be here tonight. when you see arthur, the fact they got the guy chasing you know? evading the police attempting to on this dash cam video what does he tell you?

>> he knew what he doing was wrong the defense attorney said he didn't know right from wrong because he was suffering from post traumatic stress disorder the other issue the prosecutor is going to say post traumatic stress disorder, there is usually a trigger, someone comes back from car and hear a car backfire or loud noise in a construction site and think it's gunfire. it's a trigger. then puts them in this altered state. here, it doesn't. these guys weren't firing weapons. there is nothing. nothing that would cause a trigger. >> he ambushed them. >> ladies and gentlemen of the jury there is no post traumatic stress disorder. >> that is what the prosecutor is setting up. he ambushed two guys who were basically sitting ducks. >> that would be a big mistake

if they don't use some. look at his state of mind his words to his sister after the shooting people were sucking his soul and he could smell the pigs and going to get their souls before they took his? what person in their right state of mind says that? it was kyle's own words the defense is going to use to bolster their claim. his words, he texted while on the way to the shooting range this dude is straight up nuts. you couple that with the fact he's been to the psychiatric hospital several times right before the shooting in the months leading up to the shooting what? he did this because he was sane? >> what about that arthur? chris kyle texted to his friend this guy is straight up nuts then his friend littlefield texted back, they're texting. the guy is the back seat. he texts back he's right behind

me watch my six. which is a way of saying watch my back. so defense is saying even victims knew he was insane. >> it -- there is a difference saying someone is nuts and meeting the legal definition of a mental disease, a defect to the point you're going to be found not guilty by reason of insanity, which, megyn, jurors don't buy it. it's less than 10% around america. >> i agree. mark the day. a agree with him on that. but they have arguments here. >> i want to shift gears. now there is a case in north carolina. three muslim students were killed by a neighbor who admits i guess, he killed them. but the question is whether it's a hate crime, or a murder? a murder without added hate crime charge. the father of the two girls said this is about them being muslim,

and the police say at this point they believe this is about an argument over a parking space how do they prove this is a hate crime? >> they have to show it's a real element, a substantial part of the crime. it doesn't have to be the whole part but a substantial part of the crime had to do with their religion. i don't think they're going to prove it and get there. because you're an atheist doesn't mean you want to wipe out other religions. they, ill tell you some of the cases i've handled and most vicious have to do with neighbors who share a driveway. educated professional people going over the max whose car gets to pull in first and second. there is a documented history here that they had an issue here. >> this guy brutally, not randomly. >> you're not. not random.

it wasn't random the defendant's own wife said the following. there was a longstanding dispute with these neighbors he visited their home several times with a gun, said thing that's placed them in such fear believing he didn't like them because of their religion. >> no. no. >> because apparently this guy had been a problem in the complex for a while. another neighbor says hicks gave everyone a hard time regardless of race or religion. neighbors held a community meeting to discuss him because actions made them feel unsafe. >> do you know who he gave the most problems to? the ones with the head garb. and family members were warned that 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. family members who will testify. >> he didn't like any religion.

he was an atheist. he didn't believe in organized religion. >> so that motivated it. motivation of atheists that don't usually wipe out others. he is facing the death penalty if prosecuted. without any hate crime. test test. test test. test test. test test. test test.

test test. or about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision or any symptoms of an allergic reaction stop taking cialis and get medical help right away. why pause the moment? ask your doctor about cialis for daily use. for a free 30-tablet trial go to cialis.com

♪ music ♪ ...the getaway vehicle!

for all the confidence you need. td ameritrade. you got this. 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

captain 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. ♪ stouffer's mac and cheese with real aged cheddar now in a convenient cup. new stouffer's mac cups. made for you to love.

meet the world's newest energy superpower. surprised? in fact, america is now the world's number one

natural gas producer... and we could soon become number one in oil. because hydraulic fracturing technology is safely recovering lots more oil and natural gas. supporting millions of new jobs. billions in tax revenue... and a new century of american energy security. the new energy superpower? it's red, white and blue. log on to learn more. cnn's kiera phillips is out with a new book the whole life fertility plan," she's married to fox news's john roberts. she's live from america's news headquarters, i'm patricia stark. islamic extremists still strong zp on the march across iraq. the latest world is that isis

fighters have seized a town used by u.s. marine to train iraqi soldiers. some insurgents did attack the base but failed to break in. congress is considering the president's request for use of military force against isis. damaging testimony. an officer testifying against ed ray routh he sold him he had taken a couple of more souls and he had more souls to take. prosecutors also showing a video showing routh with the officers after the bodies were found. the defense is arguing that roug -- routh was insane on the day of the murder. i'm publish tra i can't stark -- patricia. "hannity" starts now. l bill clinton's connection to a convicted sex offender hurt hillary in 2016? >> as you know this world is a fearless place. >> and dem