and it's 80 degrees here. windchill factor 80 degrees. thanks for watching us tonight. ms. megyn is next. i'm bill o'reilly reporting from l.a.in stops here because we're looking out for you. breaking tonight, there's action in iraq involving u.s. troops and isis tonight. reports that u.s. helicopter gunships may have been deployed beat back an isis attack on an iraqi town and iraqi base that houses hundreds of american soldiers. welcome to "the kelly file" everyone, i'm megyn kelly. yesterday isis fighters reportedly took over the iraqi town of al baghdadi. today they were beaten back after attempting to infiltrate a base where hundreds of americans are based. there are reports that at least one aircraft american aircraft endwajed gauged the terrorists. if these reports are confirmed it may signal a significant escalation as low-flying potentially vulnerable american

aircraft entered this fight. former iraq and afghanistan -- pete hegsheth has been investigating on this. but first, also breaking tonight fierce new reaction with our interview last night to the state department's jen psaki as experts begin to question whether we have lost all influence in the arab world and whether this administration is being honest about the facts. yesterday the state department admitting that mistakes were made by the u.s. in at least libya where america was forced to close its embassy. and that the withdrawal from yemen this week did not go as planned. we reported on some americans who were evacuating the yemeni capital leaving so quickly they left their keys in the car ignitions which were then seized by america-hating rebels. u.s. marines also destroyed their weapons before jumping on private planed unarmed and getting out of a country president obama only months ago touted as an example of our successful foreign policy. as it stands now, an iranian-backed militant group with a habit of chanting death

to america has taken full control in the yemen capital topping a u.s.-friendly government. but yesterday the state department's jen psaki told us everything seems under control. do we have control of our policy in the middle east? and does this reflect a lack of american leadership? >> 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. >> 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. are we still supposed to be looking at yemen as some sort of an example as american success? >> we still have means of communicateing and working with a range of contacts -- >> who? >> -- that's continuing. >> who? the people we liked are now 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. [ inaudible ] i mean, are we supposed to be coordinating with them? are those our new counterterrorism partner sns. >> well megyn 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 it seems very clear that american influence in that region is diminishing while that of iran is on the rise. >> i think we have to look at each of these countries individually. as it relates to libya you're right. >> i think there's a question whether we blew it. whether we blew it in each of those instances and in the case of yemen. >> well, what i'm getting at megyn, do we want to return to yemen? absolutely. that's why we suspended our

operations. we plan on returning when we can. the houthis have said they're not threatening, they don't want to go after the united states. >> the video sort of belies that promise. >> well, megyn, there's no question that actions speak louder than words. >> why was the evacuation from the embassy so hasty? >> well, first, it wasn't hasty -- >> it wasn't? >> just because everybody didn't know what the plans were didn't mean they weren't in plan for weeks. >> why would they let our u.s. marines, the neighboring country, bring their guns on the plane? >> they followed the proper protocol to destroy their weapons or to dissemble their weapons before they got on the plane. what wasn't planned here was for the houthis to take control of our vehicles. did everything go exactly as planned? no, but we've been planning this for weeks and everybody was following the proper protocol put in place in advance. >> joining me now foreign affairs columnist of "the wall street journal" and author of

america in retreat. good to see you tonight. she wants us to believe we had this planned, it was executed quickly. it went generally according to plan as opposed to the fact the yemeni embassy was apparently sacked and that the counterterrorism program is still -- that's bull. >> the language is all wrong. just in the last 24 48 hours we've had the remains of the yemeni government, a major base being overrun by al qaeda. we have two major strategic threats in yemen the shiite the iranian-backed houthis -- >> those are the death to america. >> and the other death to america people the sunni side. >> and those ones really mean it. they've devoted their whole lives to it. >> megyn, i think the first time i was on your show we were talking about yemen. this was back in september when the houthis first marched into sana sanaa and started encamping

around government buildings. and it was clear then we had a major strategic problem. and the entire time the administration has tried to pretend we don't face a -- not a setback, the calamity in yemen. >> most people are like they house our most dangerous enemy, the most dangerous faction of al qaeda is growing in yemen. the people who did the "charlie hebdo" execution in paris france were from yemen. this a group very determined in attacking america and their other western partners. we can't afford to pull our embassy out because that's where the cia is based and counterterrorism operations are. >> right. and now you have al qaeda -- aqap isis, boko haram, you saw what happened in libya in recent days with the murder of cops. you have a whole belt of jihadis seizing control of a region from

which the president is desperately trying to look away. so this is a very serious problem. i don't see how you easily roll this back unless you have a president who understands the magnitude of the problem. the problem here is the president recently came out with a national security strategy, the essence of which is we should not overreact. well, it's very difficult to look at what's just happened in yemen and not appreciate the magnitude of what we're facing. >> the best case scenario right now is the death to america people retain control. that's the best case scenario. because if they lose then the al qaeda folks take control. >> they're an arm of iran. they're essentially the yemeni version of hezbollah. yemen controls baghdad beirut and now yemen in sanaa. both enemies are advancing at once. and this is a major strategic dilemma for which the administration doesn't have the beginning of an answer. >> nor the beginning of being truthful. jen psaki, it's not her fault. she's a good ambassador for

them. the president and the state department at large needs to be honest about what's really happening there. bret, good to see you. >> good to be here. back now to our top story tonight. new reports that u.s. helicopter gunships were deployed during an attempted attack on u.s. troops in iraq. and reports that gunships may also have engaged isis fighters for the first time in or near a strategic iraqi town. pete hegshethe ceo of concerned veterans for america and fox news contributor. talk to me about what is significant about -- what exactly did isis do that takes this to a new level? >> well, it appears, megyn the jayvee team is at the gates. i mean, what they did today, attempted to do over the last 24 hours is an attack on the al-a al-asad air base. the marine compound is only one portion, it's a large complex, but really to probe the iraqi

army and send a signal that they may want to believe we've pushed them back, but they've attained more terrain. now they're launching ta tacks. >> the pentagon confirmed they're in control of this big town. >> if we're launching apache gunships close air support, we believe there's eminent threat to strategic assets or our personnel. which has got to sound alarm bells for a lot of people and remind us we've got a fight on our hands. and close air support is vulnerable. if we're putting pilots near the ground engaging fighters, there's always a chance isis could be successful in attacking those. now you've got a downed pilot and what are you going to do? right now, megyn, it doesn't appear we do. >> they said isis was dressed in iraqi army uniforms. they tried to pretend to be the friend to the united states.

>> uh-huh. >> and stormed this compound. and the american compound, i guess, is part of it. but inside of it. and so the iraqis fought them back. and apparently we engaged as well. but apparently managed to stop the attack. but they're getting bolder pete. >> that's exactly right. it's a common tactic deception. but they're getting bold to hit a base where american personnel are housed. but they know the americans have a bunker mentality. they are forced to stay inside the wire. did some research, talk to marines, a valley surrounded by high ground. normally when we defended that base when we were in iraq before we maintained checkpoints and overwatched positions to prevent the enemy from encircling that base. we don't have that today. we're relying on the iraqi army. they're seizing those vulnerabilities. and the marines are not allowed to do what they need to do to push the perimeter out further. we deploy air support helpful in the short-term, but ultimately these marines in this compound are under siege because isis is emboldened, they're continuing

to push. and our air support only, pinprick strikes are not pushing isis back. >> you hate to think of our men and women there feeling like they're fighting with one arm tied behind their back. >> which they are, megyn, two hands. >> pete, good to see you. >> thank you. >> we'll continue to follow it. we're also following new developments tonight in the murder of three muslim college students in north carolina. the justice department has now launched an independent investigation as a sister of one of the victims blames the movie "american sniper" for helping to create a "open season on muslims." a fair and balanced look at that next. plus, a closer look at recent media attacks several possible gop candidates including one who's being labeled a liar for not properly stating what kind of college degree he actually earned. and the can't-miss update we have for you tonight on this video. >> your

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breaking tonight. the feds now involved in this investigation into the shooting deaths of three muslim college students in north carolina. fox news confirming the fbi and justice department civil rights division have opened a preliminary inquiry to determine if any federal laws including hate crime laws were violated. so far police say they believe that this motive was a dispute over parking spaces. but the victims' families are not buying it. and today president obama released a statement that reads in part "the fbi is taking steps to determine whether federal laws were violated. no one in the united states of america should ever be targeted because of who they are what they look like or how they worship." rich lowry national review editor and fox news contributor, kirsten powers usa today columnist and fox news political analyst. rich, let me start with you. the problem as you know, barack obama's critics see it, with him releasing this statement is it suggests that one of those

motives played a hand here. and we don't know that yet. there's an investigation open. and in fact so far the police are saying they believe it was about parking. is he out ahead of his skis? >> i think he is. if you look at the statement sentence by sentence. nothing in there is objectionable. of course this is a horrific crime. of course no one should be targeted for their religion or ethnicity or anything else. but in total it creates the impression that this was a product of some specifically anti-muslim bias. and as of yet it's early days always with these cases you need to get all the facts before jumping to a conclusion. but so far the reportings suggest this was an equal opportunity hater all around creep and creten threatening all sorts of people in the neighborhood and making them feel threatened for all sorts of reasons. so this doesn't fit the narrative. but the left and a lot of people want to put on it. >> they had meetings about how threatening this guy was and how

disturbed they felt by his behavior. and yet at the end of the day he did kill three peace loving by all accounts kind muslims. and so the muslim community is up in arms about this. and you've got foreign countries like jordan an ally and others putting pressure on the president to do something and say something. so should he have done so? >> well that's what pushed him to do this. and i believe is pushing the federal investigation. look we have murder laws in this country. if this guy's found guilty as all the evidence suggests of triple murder he is going to jail forever. and he deserves every single day of it. and a federal hate crimes prosecution is extremely rare. it's probably not going to happen here. but it's to create the impression that the federal government is doing something. >> rich, good to see you. >> thank you. >> kirsten, the president, you know, he claimed as recently as the whole ferguson case that he doesn't get involved, he doesn't like to make comments on these cases. here it is. it's a short clip.

>> it's not my job as president to comment on ongoing investigations and specific cases. >> but that's what he just did. >> well, i think in this case he did need to say something because it's become an international incident. this is something as you just talked about it's all over the world. you have muslims looking at this and thinking that americans are intolerant of muslims. and you have the families saying, you know, open season on muslims and things like that. and so i think the president did do the right thing. and i think that his statement actually had the right tone. i don't think he was saying that this is definitely what happened. he was just, i think, reiterating for the national community that we believe people should not be targeted for how they look or how they worship. >> but to play devil's advocate the evidence is so far he didn't have any particular ire towards muslims. he didn't like religion in general. so he's got a couple facebook posts or however manyuh there are that are anti-religion. and now folks( arefñii saying he'su

anti-muslim. back when we saw a man behead a woman in oklahoma who had all this radical islamic stuff on his facebook page and it was shouting things in arabic as he beheaded her and then there was evidence it was a black/white thing as oppose today a muslim or nonmuslim thing, the left went crazy saying you can't mention the fact what's on his facebook page has nothing to do with anything. but now they're like look at the facebook page. >> well, i don't think the president's responding to the left. i think he's responding to this outcry of muslims around the world. and i think honestly megyn, if there had been the kind of outrage and uprising internationally or even in just one city he talked about ferguson look if people had been out in the streets protesting day and night over the beheading i think the president probably would have said something. what he's responding to isn't the crime per se, it's the outcry that i think he feels he

has to weigh in on. >> but is that his job? shouldn't he be tamping things down? this may have had nothing to do with religion or how these poor victims looked, you know wearing muslim head scarf and so on. so does it not gin things up to sort of put a thumb on the scale and suggest, yeah, i think it might. >> i don't think it's a thumb on the scale because i don't think he drew any conclusions. he just said our values are that you can't -- you shouldn't attack people or kill people for the way they look -- >> what do you make of the sister's claim that this is because of "american sniper." this is in part due to "american sniper" demonization of muslims? >> we actually don't know anything -- i'm not sure i really necessarily know that the parking spot thing is the correct thing. but look the sister's obviously in grief, this is a horrific crime. the guy was clearly anti-religious. he had said things allegedly to these three people about the way they looked. and i think there was a sense he

was anti-muslim from their perspective. >> sounds like he was anti-everybody though if you read the reports on this guy. >> yeah. but i think though that's an important point. he could be anti-christian and anti-muslim. and if he'd killed a christian out of hate it'd be a hate crime. it doesn't make it not a hate crime because he also hated christians. >> correct. religion was a motivating factor, he's in trouble. he's in trouble either way thankfully in any event. kirsten, good to see you. >> thanks for having me. ramping up investigations into three possible gop contenders including one being accused of being a liar. rand paul said he has a biology degree but he in fact has a medical degree. is this normal scrutiny? we'll investigate. and brit hume and being called out for recent comments about a big case that is coming up to the supreme court and what she

said that's causing such a commotion. plus, one of the president's outgoing counselors is suggesting his biggest regret has to do with usos. we'll explain. 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,

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♪ i like that. an out of this world statement from an outgoing top obama aide as former clinton white house chief of staff and fan of extraterrestrial possibilities, suggested his biggest regret as he leaves office has to do with ufos. tweeting "my biggest failure of 2014 was once again not securing the disclosure of the ufo files."

pedesta was reportedly a fan of the fox show "x-files." and when asked about the log jam for the truth of flying saucers in the united states. developing tonight, controversial comments from justice ruth bader ginsburg as she shares thoughts on same-sex marriage, an issue that happens to be on the docket of the nation's highest court. should she be talking about that? trace gallagher in our west coast newsroom, trace. >> megyn, when it comes to accepting gay marriage justice ginsburg "wouldn't need a large adjustment." telling the change in people's attitude has been enormous. listen. >> i think if more and more people came out and said this is who i am the rest of us can recognize they are one of us.

>> the 81-year-old ginsburg has been very clear on gay marriage, once even officiating at a same-sex marriage. ginsburg ended her interview saying she shouldn't speak about the subject because the supreme court will soon decide the issue. fox news senior analyst is surprised she spoke at all tweeting "justice ginsburg sounds off on an issue pending before the supreme court amazing impropriety. justice thomas thinks the writing is already on the wall because in january a federal judge struck down alabama's ban on same-sex marriage. and this week the supreme court denied a request to stave that ruling. in his dissent justice thomas wrote "this ak we essence may well be seen as a signal of the court's intended resolution of that question." and on a separate matter we have now learned why justice ginsburg nodded off during the state of the union address. listen. >> at least i wasn't 100% sober

because before we went to the state of the union -- we had dinner together. and justice kennedy brought -- >> that's the first intelligent thing you've done. >> by the way you missed it. justice kennedy bought a bottle of opus 1 which i get because it's my favorite. >> who could resist. she said her granddaughter called her up and said you were asleep during the state -- yeah. it's actually happened on the supreme court bench with justice ginsburg as well. the other justices, they never wake her up. you can see the guys are like it's like hey ruth, they're standing there. like this time it's the president. you should pay attention. okay, trace, good to see you. >> you too. well, the media's ramping up investigations into three possible gop contenders. governor scott walker under scrutiny for not graduating from

college. senator rand paul apparently being a liar about his degree according to the paper. and wait until you hear what one newspaper dug up on former governor jeb bush. wait until you hear what he did 40-plus years ago. plus, a couple buys a home and then gets terrorized by a woman they outbid for said home. what she did to them almost sent her to jail and led to them getting divorced. you've got to hear this one. and for the first time we may know the motive for the "american sniper" murder. the just-revealed comments his alleged killer made behind bars coming up. to kill germs deep in my mouth i used to think a mouthwash had to burn. then i went pro with crest pro-health mouthwash. it's scientifically proven to kill 99% of germs so you move to a healthier mouth from day one. no pain. all gain. go pro with crest pro-health.

the real question that needs to be asked is "what is it that we can do that is impactful?" what the cloud enables is computing to empower cancer researchers. it used to take two weeks to sequence and analyze a genome; with the microsoft cloud we can analyze 100 per day. whatever i can do to help compute a cure for cancer, that's what i'd like to do. from the world headquarters in fox news, it's "the kelly file" with megyn kelly. well, the media appears to be amping up its "investigations

into potential 2016 gop contenders. but some say certain outlets are making something out of nothing. today "the washington post" awarded senator rand paul three pinocchios for saying twice recently that he has a degree in biology. senator paul does not have a college undergraduate degree, but he does have a medical degree. that was allowed at duke university. "the washington post" says that's a lie. equivalent to lying. on wednesday the same paper published an investigation into governor scott walker's education reporting "questions linger over his senior year decision to leave school and take on a full-time job and not graduate." something that's been very public and has been for some time. joining me now, chris stirewalt and howie kurtz, host of media buzz. so, chris, it's no accident that it's governor walker rand paul and jeb bush who just got hit by the boston globe for his alleged

bullying 44 years ago. i was in the delivery room. but i need to pay attention to this apparently, why? >> well, i don't know that you need to pay attention to it. i would leave it to brother kurtz to outline the journalistic propriety to reaching back to somebody smoking jays and pushing kids around in tenth grade. but i will say this, for scott walker at least, this is a strong indication that he has arrived. he has made it to the top tier. he is a republican of national interest because there's a huge fascination now about what he age 47, was doing when he was 20. >> but you know, chris, you remember when barack obama was running for office back in 2007 for the first time to become president. and i remember them doing several in-depth pieces on his college years -- oh. >> wait, hold on. no, i think you're thinking of george w. bush. >> yet. and mitt romney too. >> and mitt romney. that's right. even going back to prep school for mitt romney. >> right.

>> there is a double standard. and there is no question about that. and there is some irony. >> but does this help them at all? because you -- we played this exchange yesterday between howard dean and joe scarborough. you tell me whether it's going to help or hurt that particular republican. watch. >> scott walker, were he to become president 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 that. >> are you serious? >> yeah. >> he's a dumb-dumb, unlike me is what governor dean is saying. >> and look, the reality for scott walker is the next six weeks suck. he's going to be under tremendous scrutiny. he is going to get it from all sides, fellow republicans, the press, democrats. if he survives, all said is true, something approaching 60%

of american adults are in exactly the same category at scott walker. they started college but didn't finish. >> howard dean does not approve. he thinks you suck if you didn't graduate from college. howie, let me ask you. these hit pieces are interesting i guess to some people. but how relevant are they? i don't know jeb bush boston globe goes back to his time in high school where he has already admitted, and i quote, i was a cynical little turd. it's somewhat interesting, but newsworthy. >> these bullying stories jeb bush with the boston globe and 2012 "the washington post" said mitt romney was involved in bullying incidents. the statute of limitations has expired. the scott walker piece in "the washington post," i love the headline, questions linger on

college exit. as you say it was no secret. the guy's obviously smart enough to have gotten himself elected governor. and yet it was treated like this deep dark mystery. i think that, look people who are presidential contenders should be scrutinized by the national media. i predicted this a couple weeks ago for scott walker because he jumped up in the polls. >> they talked about how he was -- scott walker, he was just bored. he was uninterested bored student. and they went back and found like a fellow classmate who said he was really bored in the class that he took on politics in the third world. i mean, the guy's 19 years old. who wouldn't be bored? i just -- i don't know if it's going to backfire against the critics and nor to the benefit of some of these candidates who sound to me like real people howie. >> it's not good for the media when it looks like nitpicking. rand paul as you say is a medical doctor so he misspoke about a biology degree. >> and he also said he had an

english degree which he does not. >> maybe the elites who are so proud of their alma maters are really particularly hung up on education and credentials. but i think to most voters in iowa and new hampshire this is going to seem like pretty small stuff. >> all right. let's talk a little bit about jon stewart, who has played a significant role in election seasons. a lot of these candidates like to go on there, in particular the democratic candidates like to go on there and sort of curry favor with this young hip crowd. and now he says he's leaving at some point i guess this year. and the question is whether that's a good thing or a bad thing for these candidates in particular democratic candidates who, you know, go on this show regularly, chris. your thoughts on it. >> well, look, jon stewart, which is satirical news is being replaced with something like vox version of news. it's a slanted news that uses humor to try to cover up the

bias and explainer fake journalism. i think that it will probably work fine because stewart occasionally ask a tough or interesting question. i think more of what will come to replace it will be very doctrine air stuff that will be marching orders for voters rather than engagements. >> howie i have been attacked by jon stewart many times over the years. with all due respect i don't think you're in my league when it comes -- >> not even close megyn. >> i mean it's been a regular thing for several years now. and i know you think most journalists secretly enjoy it. i can tell you i have not enjoyed it at all. and i know a lot of people say he's great he's great for journalism, really holds reporters to account. but i can tell you my own feeling on jon stewart, while i enjoy consuming his fake news product at home and laughing at it, i don't think overall he's been a force for good. because i think especially in his later years he got a little nasty. i think he got a little burnt out. and i can speak personally to a lot of the attacks that were

levied on me had no foothold in the facts. for example, he would attack me for you had this person why didn't you ask these questions, why did you only pursue this line of inquiry. if you would watch the program i asked all those questions, but with the next guest. i'm not trying to be defensive about jon stewart. this is ancient history now but i think they think that's forgotten and they think he's funny and a force for good and everybody wants to celebrate them. but i want to tell you i'm here he's reduced some people to tears. >> awe. you know, it's clearly selective editing of clips. saying wait a second that's not fair. but it is a sign i guess of having arrived being portrayed on "saturday night live." stewart has made no secret of being a liberal. mostly beats up republicans on rare occasions when he's not after president obama. it stings because even jon stewart says it. and finally i'll say that he is

bowing out to a lot of standing ovations, maybe not from you, megyn, in a week when he's a fake anchor when a real anchor just got suspended for six months. jon stewart having the last laugh. >> he's very funny when going after other people. as an homage to him, we've chosen the few clips we could find where he was hitting me but not too hard. adieu to you two gentlemen and adieu to you, mr. stewart, with the following clip. >> megyn is going to go to the decision desk and interview them about the decision. it was then that megyn kelly in pursuit of something called facts left the hollow deck and entered the world of dunder mifflin. >> now they're saying the senior leadership at the irs i didn't know anything about it on the heels of hillary clinton saying i didn't know anything about those extra requests for security in benghazi libya. who knows something about

anything that matters? is there anybody minding the shop? >> that's what i was saying yesterday? you know what, megyn kelly, we've had our differences. maybe it's time we do a show together. call it fox & frenemy. no, wait beauty and the brisk. >> i'm stunned that you're not asking for him to be fired, megyn. >> really? >> absolutely. someone as credible as you who while very attractive and articulate at the core, you are credible. you are like walter cronkite kind of credible but -- >> but way hotter. you are super credible. oh, did i say that out loud? oh, my god that's super embarrassing. >> i will kind of miss him. well, for the first time since "american sniper" chris kyle was killed we may now know the motive the actual motive to

just-revealed comments his alleged killer made to a former deputy while behind bars. plus, new developments in that viral walmart video the fight. one of these women may now be in -- no this isn't it. shot of president obama doing selfies for. he wasn't at walmart. but we will show you the video and talk about it with arthur aidalla who is here next. >> your 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. no pictures of trucks pulling boats. no photos of men working on ranches.

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developing tonight, a growing controversy leading one long-time governor to step down. oregon's john kitzhaber announcing today he is resigning after the scandal surrounding his fiancee's consulting and policy work. the announcement follows a wild week in which the four-term governor went from defiant to apologetic officially announcing his resignation this afternoon after pressure from fellow democrats. his fiancee was said to be working as an unpaid adviser in his office while acting as a private consultant in the clean energy sector. the governor insists neither he nor his fiancee broke any laws. also developing tonight for the first time we may now know the motive for the murder of "american sniper." new testimony on day three of the trial today revealing that the accused killer -- there's no question that he is the killer, only question is whether he is criminally responsible. eddie ray routh, he said he

killed krisz kyle and kyle's friend because they wouldn't talk to him on the car ride to the shooting range. arthur aidalla, legal toernl and fox news analyst. he said they wouldn't talk to me. i was sitting in the backseat and they wouldn't talk to me. we know from the trial yesterday that the two men were in the front texting each other saying this guy's flat out nuts and the friend responding watch my back because he's right behind me. >> first of all, it's so refreshing to be on camera with a lawyer because you're right. >> and without eiglarsh. >> yeah. we love you mark. but alleged, alleged. but actually here you don't have to say alleged. his lawyer stood up in front of the jury and said he did it. just so everyone's clear, this defendant isn't going anywhere. it's just a -- isn't going anywhere outside of the courtroom. they are fighting over it does he go to prison or to a prison hospital. what the prosecutors are saying is he knew right from wrong and he knew what he was doing.

>> and they put his uncle on the stand today. the killer's uncle on the stand. >> against his against the uncle's will. >> the uncle gave devastating testimony for the defendant. the uncle suggested this guy knows exactly right from wrong and belongs in prison. that would be the prosecution's conclusion. >> correct. the point you just raised about the two deceased texting back and forth actually fuels the defendants lawyers because not really the defendant's argument, the defendant's lawyers argument that this guy is out of it. he is so scarred, he is so mentally and emotionally damaged from what he did and saw in war that he doesn't think the way you and i do. >> he perceives innocent actions like texting between the two -- >> right. not talking to him. but it doesn't pass the smell test so to speak. we were discussing i believe it was yesterday, you and i was, if they had hit a big bump and made a big noise and he thought there was incoming -- >> a trigger. >> no trigger to the

post-traumatic stress disorder to rise to the level to convince a jury he was insane. don't forget the burden shifts. the prosecutors have to prove he's not insane. the defense attorney has to prove he was -- he is insane or was sane at the time. >> let's talk walmart. this woman was very angry. and she says that she got ticked off, lady in the white sweater got ticked off at lady in the yellow sweater. lady in the yellow sweater works at the tax company that's housed within the walmart complex. lady in the white sweater says lady in the yellow sweater gave her a hard time the day before about the taxes, was in a bad mood and took it out on her. oh! there's the retribution. lady in the white sweater, do we have her sound bite? no. she doesn't regret it. she says she wishes she'd hurt her worse. and this all amounts to what? she's getting charged. >> you're a criminal defense attorney and your client comes out and says i don't regret it i wish i would have done more.

you're like thanks here's your money back because you're in trouble. you're not allowed sticks and stones break my bones and names will never hurt me whatever it is words will never hurt me. if someone says something harsh, you can't -- >> she claimed the woman in the yellow shirt spat in her face. but would that justify headbutting? >> no. it would justify a civil assault charge which you'd get no money on. but, yeah, going to get charged for simple assault. long story short cases end up nowhere, but still have to go through the system, maybe some community service, maybe a fine. people shouldn't be headbutting people in the supermarket. >> and she's not going to get a i've smoked a lot and quit a lot but ended up nowhere. now...i use this. the nicoderm cq patch with unique extended release technology helps prevent the urge to smoke all day. i want this time to be my last time. that's why i choose nicoderm cq.

hey, girl. is it crazy that your soccer trophy is talking to you right now? it kinda is. it's as crazy as you not rolling over your old 401k. test test. testify test. test test. test test. testify test. test test. test test. test test. test test. it's easy. even she could do it. whatever, janet. for all the confidence you need td ameritrade. you got this.

have you heard of the new dialing procedure for for the 415 and 628 area codes? no what is it? starting february 21, 2015 if you have a 415 or 628 number you'll need to dial...

1 plus the area code plus the phone number for all calls. okay, but what if i have a 415 number, and i'm calling a 415 number? you'll still need to dial... 1 plus the area code plus the phone number. so when in doubt, dial it out! what's that thing? i moved our old security system out here to see if it could monitor the front yard. why don't you switch to xfinity home? i get live video monitoring and 24/7 professional monitoring that i can arm and disarm from anywhere. hear ye! the awkward teenage one has arrived!!!! don't be old fashioned. xfinity customers add xfinity home for $29.95 a month for 12 months. plus for a limited time, get a free security camera call 1800 xfinity or visit comcast.com/xfinityhome. a terrible story of home

ownership gone horribly wrong. a couple in san diego thought they bought their dream home. little did they know the woman they outbid for that home would go onto make life very difficult. trace gallagher reports. >> megyn, kathy row says when she didn't get the house she was devastated so she began targeting the couple who outbid her. at first row was a nuisance sending them unwanted magazine subscriptions, canceling their mail. then she got vicious, putting an ad on craigslist advertising sex parties at the couple's home, even posing as janice rooter tidsing for men to visit her while her husband's away because she has a rape fantasy writing in the ad, i'd love to be surprised and have a man just show up at the door and force his way in the door and on me. totally taking me while i say no. the wording got much more graphic. and men responded. kathi row then led them on. two even showed up at the

couple's door. janice rooter says it was hell. >> i never truly -- the home became my prison. >> she says it crippled her marriage and left her frightened at all times. kathi was eventually caught and prosecuted. she could face time for soliciting rape but struck a plea deal for a year of electronic surveillance. now she says she's sorry. >> i wish i could go back and take all this away from all the things i've put them through. >> the husband says if rowe hadn't got caught she would not have stopped megyn. >> unbelievable. earlier we said it led to their divorce. it almost did, but they didn't get divorced. thank goodness. and up next we will end on a happy note, love after

kid: hey dad, who was that man? dad: he's our broker. he helps looks after all our money. kid: do you pay him? dad: of course. kid: how much? dad: i don't know exactly. kid: what if you're not happy? does he have to pay you back? dad: nope. kid: why not? dad: it doesn't work that way. kid: why not? vo: are you asking enough questions about the way your wealth is managed? wealth management at charles schwab 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?

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when the moment's spontaneous, why pause to take a pill? or stop to find a bathroom? cialis for daily use is approved to treat both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor 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. ask your doctor about cialis for daily use and a free 30-tablet trial. a special valentine's day for a couple together 75 years. marie and ott sharp are fans of "the kelly file" and celebrating 75 years of love. it started on february 14th 1940 when marie was just 13. thththththth live from america's news headquarters, i'm patricia stark. police foiling a valentine today's plot to shoot up a mall

in halifax, canada. a 23-year-old american woman was arrested at the airport and confessed to the plot. the 19-year-old suspect shot himself after cops surrounded his parents home. police say they met on a chat stream and were obsessed with killing and death. snow weary new englanders getting ready for another punch from mother nature. a blizzard warning is posted for marts of -- parts of massachusetts, new hampshire and maine. it's expected to last into sunday. some people are already digging out from three earlier storms that dumped six feet of snow. i'm patricia stark. "hannity" starts now. happy valentine's day. welcome to "hannity." iraqi security forces successfully repelled an attack by isis militants on a key air base i