breaking tonight, disturbing news out of libya as the president's mideast policy appears to be in complete collapse. days after news hit that the country of yemen, which houses a savage version of al qaeda, is on the verge of collapse. horror emerges in libya where isis beheaded almost two dozen christians over the weekend yet again in a country president obama was celebrating as a success story just a few short years ago. good evening and welcome to "the kelly file" everyone. i'm megyn kelly. a sickening video out of libya surfacing this weekend showing isis jihadists beheading 21 christians who had reportedly traveled from egypt in the hopes of finding some honest work.

the egyptian men wearing orange jumpsuits forced to kneel down before the terrorists who were dressed in black simultaneously slit their throats. now the focus is not just on what happened but where. remember back in 2011 after the fall of libyan dictator moammar gadhafi president obama declared that "the dark shadow of tyranny has been lifted from the libyan people" and called it a "momentous day," but in the years since libya has descended into chaos. and the islamic state ideology that took hold in iraq spread into syria and helped drive the recent collapse in yemen. has now clearly also established a strong foothold in libya. chief white house correspondent ed henry is live tonight in washington. ed. >> megyn, good evening. that is the bottom line tonight, that isis is expanded into yet another country. now open for business in libya. the first mass execution that's been documented by isis outside

of their stronghold of iraq and syria. what did the president say about this this weekend? he said nothing himself. he was golfing in palm springs three days in a row over the president's day weekend. his spokesman, josh earnest, did put out a statement deploring this attack although he did not specifically say that christians had been killed. did not specifically say that muslim extremists were behind it. the president obviously as you laid that out has a difficult hand to play. remember, he said al qaeda was on the run. that turned out to not be true. he said just over a year ago that isis was essentially the jayvee squad. that has turned out to not be true. and as you suggested last fall he referred to yemen as a success story in terms of his counterterror efforts in that part of the world. interesting on the question of libya because obviously we haven't seen it play out well in yemen. on libya the president was very frank in an interview with thomas frieden of the "new york

times" last year that he stood behind the decision to take out colonel gadhafi but insisted he understands that the u.s. and its allies didn't do enough follow-up after gadhafi fell. listen. >> had we not intervened, it's like libya would be syria because gadhafi was not going to be able to contain what had been unleashed there. so there would be more death more destruction, more disruption. but also what is true is that i think we underestimated, our european partners underestimated the need to come in full force if you're going to do this. >> interesting he said we had to avoid libya becoming another syria. tonight it looks like it may already be headed there anyway. tonight vice president joe biden will be speaking at day one of a three-day white house summit on what their calling violent extremism. they've been pressed on why they won't call it muslim extremism. but the bottom line is they were pressed today by reporters

white house aides, are you bringing enough urgency to the situation after this killing of 21 christians? they insisted they are already bringing urgency to the task megyn. >> ed henry, thank you. joining me now with reaction general jack keane a fox news military analyst and chairman of the institute for the study of war. general, good to see you tonight. and so like dominos we're seeing countries that we once had such high hopes for that were touted by our own president as success stories in the middle east fall. yemen on the verge of collapse or collapsed, depending on who you ask. and now libya, home to the rising islamic state in part. and the site of one of the worst mass murders we have seen in recent times. >> yeah, absolutely megyn. i mean the spat of radical islam and what it's doing globally is undeniable. isis is now the new face of radical islam. they are the most powerful radical islam movement that's

ever existed more than 9/11 al qaeda. the evidence is clear. what is happening with the so-called affiliates around the world is they want to be a part of isis. they're changing their stripes. it's not that isis is gone to libya or going to afghanistan. it's the fact that the radical islamists who are already there want to be a part of this movement. why is that? well, because they fundamentally believe isis is winning. and is the evidence on their side, or is the evidence on the side of what the president said the other day that isis is on the defensive and that we are going to win. i believe if you ask anybody in the world to include americans is isis winning, two, on the defensive or three losing, the overwhelming response is that they're winning. they've had no major setback except kobani. and they've gained ground in syria. they've just expanded into libya. the fact of the matter is where

are the detainees, the isis detainees in shackles. where are they in the detention centers by the hundreds we could view if in fact we're winning and we're decisive against isis in killing them. >> what's the answer to that? they don't exist. >> they don't exist. if they existed we would see them on television. we would see them on the internet. it's hard to beat and win against isis if you're not killing and capturing them. obviously people are inspired around the world by isis to go kill their own citizens in different countries in europe and canada and australia. the butchery and barberism isis is being played eded continuously. and there's nothing in sight that appears to stop it. >> o'reilly was just saying at the top of his hour, where's the big coalition? why aren't we leading it? what we've seen so far is air strikes now from jordan, which had its pilot set on fire. and now egypt with air strikes in the wake of this mass

beheading of almost two dozen of its christian citizens. are those getting anything done? should we put much stock in those? >> well, megyn, yes. air power will have some impact. but they are not the remedy that's being advertised. it makes the country feel good certainly the jordanians rallied around the king rallied around the militaryey struck back. but let's be honest most of those buildings they were blowing up isis wasn't in them. they since long left those buildings weeks ago when the air campaign began. i doubt if the egyptian air strikes had that much consequential effects on the size of the force they're dealing with here which is nothing i'm talking about in libya which is nothing compared to the size of the force we're going against in iraq and syria. so those air strikes make the people feel good. but the fact is it doesn't truly do anything about isis on the ground. the only thing that's going to do that and we've said time and time again here is ground force.

that means jordan has to step up. egypt has to step up. the turks have to step up. >> how do we get them to do that? is it a question of american leadership going to europe going to the arab world and saying it's time we need the international summit, or whatever forum it's going to take to come up with a game plan. >> yes, i absolutely believe that. i mean, american leadership truly does matter in the world. and we just can't say, hey, this is just an arab problem leave it up to them. our national interests are at stake here and our security of our people are at stake. we move forward just as we have done in other periods of our history. exercise that moral leadership that we have. begin to take other countries' fear away. and earn their trust. here's a plan let's work together. you contribute to this plan. and once they see that happening, that there really is a coalition that's going to fight isis on the ground, is going to kill them and capture them and stop the butchery, then they'll start to participate. but that's not what they're

seeing. they're seeing a strategy that the wheels are coming off of it. and the fact is it's an empty strategy and they know it. >> can't keep watching these arab countries collapse and descend into chaos because what rises up is not good for the united states and the western world. general keane, good to see you sir. >> good talking to you megyn. >> well, the administration is taking new heat tonight over its initial reaction to these executions in libya. tony perkins next on why the administration did not identify these 21 victims as christian. plus, new developments in the investigation into the killing of three muslim students and a dramatic twist in the story of another muslim student who claimed that she too was threatened with violence. and then what may be the most critical piece of evidence yet played out today in the trial of a man accused of killing american sniper chris kyle. judge alex -- on the dramatic moment in court today.

and chris stirewalt weighs in on what happened when a high profile attack on possible 2016 contender scott walker turned out to be very, very wrong. >> there's a lot of things about me that are unlike any other candidate. you know we wouldn't have the founders of microsoft and facebook and apple and plenty of other places out there. each of those folks left to start those companies about the same time your clever moves won't stop the flu. but practicing healthy habits with lysol can. the cdc recommends washing your hands often and disinfecting surfaces. this season use lysol to kill 99.9% of germs and help keep your family healthy.

breaking tonight, a north carolina man has been indicted in the deaths of three muslim college students in a case that has made global headlines. it comes as another case out of texas sparks outrage. this one involving a muslim student who claims that she was threatened at gunpoint, but it turns out she made the whole thing up. trace gallagher reports from our west coast newsroom. trace. >> megyn, the student wasn't even at school at the time yet she claimed a white man in a white pickup truck flying texas flags followed her six miles to the university of texas arlington. and ", he comes to my window and screams, watch the blank out we are killing all of you" so loud i hear him through the window in addition to pointing the gun he had in his hand straight at me. she then linked her fabrication to the murders of the muslim students in chapel hill calling it an excuse to commit more hate crimes. though it should be noted despite the fbi looking into the chapel hill killings and president obama indicating those murders were motivated by

religion there is no evidence it was a hate crime. police and witnesses believe it was over an ongoing parking dispute. now, 46-year-old craig hicks has been indicted for killing 23-year-old deah baraka, his wife and her sister. he claims to hate all religions equally and supports everyone's right to pray to whoever they choose. he is also well-known for being aggressive toward neighbors when it comes to parking. the community even held a meeting last year to address his temper. yet his motivation in this remains in dispute. listen to both sides. >> it has nothing to do with the victims' religious belief. it had everything to do with the mundane parking spot dispute. >> this was not the act in my mind of someone who is in a parking spot dispute. >> the victims were all laid to rest late last week, megyn. >> trace, thank you. while the white house is quick

to suggest the murder of these students might be based on how they looked or where they worshipped, we saw a different reaction after this new isis video surfaced when the terrorists released a video of 21 christians marched in front of the camera and then beheaded. the president's press secretary released a statement reading in part, the united states condemns the despicable and cowardly murder of 21 egyptian citizens in libya by isil affiliated terrorists. we offer our condolences to the family of the victims and the egyptian government as they grieve for their fellow citizens. no mention of how these victims are christians. but today the leader of the catholic church made clear his belief, these men were killed for one reason and one reason alone. >> translator: today, i have learned of the execution of the 21, 22 coptic christians.

their only words were jesus help me. they were killed simply for the fact they were christians. it makes no difference whether they be catholics orthodox cops or protestants, they are christians. >> tony perkins is with the family research council. he is the president of that organization. tony, good to see you. do you think it was intentional by the president not to mention the fact the victims here were christian? >> well, megyn, it's stunning that the white house could not say that this was an attack on christians. isis made very clear in this video that this was an execution of "people of the cross." isis apparently has no difficulty saying christian while the white house has a very difficult time. and it's troubling that the white house cannot come to the point of saying isis is targeting christians. because what we're seeing unfold in front of us in the middle east is genocide. and the white house will not come to that point of saying that. >> they have made the point repeatedly however that most of isis' victims are muslim.

which is one example the jordanian pilot who was set on fire he was a muslim. so the white house might respond by saying they hate christians, but they also hate muslims who don't believe as they believe, and they hate jewish people and on the list goes. >> well, they do. they're killing other religious minorities. but when you see what's happening, for instance, the prime minister of israel netanyahu who is saying to jews in israel -- or in europe who are being targeted by these islamists, come to israel where you're safe. our president is refusing to acknowledge that these islamists are religiously motivated by their faith. why not say to these christians who are being killed for their faith that they're welcome to come here and have refugee status here in the united states or safe haven here in the united states. >> do you see a contradiction in the president being rather quick despite his own statement that he doesn't like to comment on cases, to comment on the murder of these three muslim students here in america? a case that the police so far are saying was motivated by this

dispute over a parking space although the families of the victims believe it was religiously motivated. but he was quick to -- yet the statement from the egyptians comes from the press office, not the president himself. and makes no mention of targeting based on christianity or religion. >> yeah. i mean he says these three in north carolina were targeted for how they worshipped. we don't know that. if they were, that's wrong. but he doesn't say anything about this continued killing in the middle east because of christians. this is wrong. megyn, we need to focus on what is motivating these people to kill christians, religious minorities and other muslims they don't agree with. if we try to separate what they're doing from their religious beliefs, we'll never stop them. we have to understand they are motivated by this radical belief. >> tony perkins, thank you. also with us tonight, marc hannah, a democratic campaign veteran who worked on the obama and kerry presidential

campaigns. and to that you say what, marc? >> to that isis has been killing jews muslims they don't agree with, i think this isn't just that the white house is refusing to acknowledge they killed christians, i think they're making a smart strategic calculation here. isis wants nothing more than to engage us in a holy war. they're testing us out to see what is going to get the biggest rise. if they see the west is getting most upset when they kill christians, they're jurs going to kill more christians. >> so are we supposed to act like it doesn't bother us? >> we work with egyptian allies now -- >> general keane says it's not working. he says that's nothing. >> general keane's entitled to that opinion. but let's also wonder what is going to help isis recruit. we learned from the osama bin laden raid that when the navy s.e.a.l.s went in and recovered those documents, the thing that helped bin laden recruit more than anything is when we called it the global war on terror.

when the president came along, made a speech in cairo, had a more conciliatory tone and didn't sort of justify their islamic identity, he was having a hard time recruiting -- >> bin laden didn't like the 2009 cairo speech because i guess he thought it was too charitable towards muslims and wanted to use it as a recruiting tool. >> but cloaking themselves in islam -- >> but even now -- you've got general keane, the former -- you've got all these people coming out and saying you really need to call it what it is, which is a war on radical islam. listen to this from the atlantic in an interesting piece called what isis really wants. they just did -- the writer said the reality is is that the islamic state is very islamic muslims can reject the islamic state, pretending that it isn't actually a religious group with theology -- back foolish schemes to counter sglit i read that

article. it's a fantastic article. it also says it's a medieval interpretation of islam the way david -- the waco, was interpretation of christianity. >> but it is islamic and it doesn't feel good to deny it. >> well it's islamic the way branch da vid yans are -- >> how do we get our allies on board to fight this? we stop calling it islamic. they don't want to be at war with islamic anything. >> mark, good to see you. >> get them on board. thanks, megyn. up next, prosecutors played what they call the confession tape from the man they acccccccccccc

there was drama in a texas courtroom today as the trial played out in the murder of

american sniper chris kyle. the jurors were shown what is being called a confession video from the accused killer eddie ray routh, he is the killer. the only question is whether he's not guilty by reason of insanity. the court would notd release the audio of the interview conducted by a texas ranger. so we only have the video of what we're told was a chilling admission made over the course of an hour and a half back in february 2013. joining me now judge alex, good to see you today. they are saying basically he was a bit dazed, rambling in coherent coherently, yet he knew right from wrong. what does it do to his sanity defense? >> i think both sides scored points today. i think the prosecution will use parts where the detective flat out asked you knew what you did was wrong several times and he acknowledged several times he knew what he did was wrong. of course the defense attorneys will jump on that and say how much weight can you give a crazy person telling you they're not

crazy. it does buttress other points that he was right or wrong, the fact he fled the scene, other statements he made about wanting to apologize to the families of the victims. >> uh-huh. >> things like that that show he does know the difference. >> right. >> defense attorneys will point to things like you suggested like his rambling statements and his saying he had to take down their soul or they would take down his soul. just, you know, things that aren't quite -- that are a bubble or two off -- >> he said over and over, no one can eat my soul, no one can seat my soul. this is right after he was saying he did understand the difference between right and wrong. he also came out and said i knew if i didn't take out his soul, speaking about the american sniper chris kyle, he was coming to take mine out next. i mean that -- he sounds like a madman. but what does that do to the insanity defense? because it's not just whether you're crazy.

it's whether you knew right from wrong. >> exactly. that's where the prosecution has to educate the jury. you know the public out there doesn't really know the difference between saying somebody's crazy and saying somebody's legally insane. you know the crazy label's thrown around a lot. even on the street corner somebody who has a mental illness isn't under that definition legally insane. legal insanity in texas, and it does vary from state-to-state to some degree, texas follows the m'naghten rule. you have to be able to tell the difference between right and wrong. that's why the prosecution is harping on the fact that he fled, that he acknowledged what he was doing -- that he knew what he did was wrong. >> saying he was sorry doesn't help him but hurts the case. what about the judge allowing this to be admitted over the defense attorney's objection was that the right ruling? >> absolutely it was.

it's a hearsay statement that falls under one of two categories definition of nonhearsay -- >> let's not get too deep into the wes. you don't think that's reversible error that if this guy gets a bad result, the defendant gets this bad result, he's going to be able to use that to overturn the verdict. >> not at all. i think it was properly admitted. bottom line this is a case dealing with somebody who's clearly in my mind has mental problems, mental issues. but also smoking what he called eded wet weed wet marijuana, which is probably dipped in pcp -- >> that doesn't make people kill people when -- my last question before i let you go. how big a factor is chris kyle's text to his friend who was also killed that day on the way to the shooting range saying this dude meaning routh, is straight up nuts? >> well the defense will

obviously try to use that to say even the victim knew he was crazy. but that's where the prosecution has to very forcefully show our comments, our comments among ourselves saying somebody's crazy or somebody's nuts is not the legal definition of insanity. this is what it is. and look at the evidence in front of you that shows he knew right from wrong. >> we'll continue to follow it. judge, great to see you. >> you too, megyn, we also have breaking news tonight on what looked like a weekend terror attack in denmark. congressman pete king is just ahead with the very latest on this. plus, a well-known liberal columnist launched a hard hitting attack against scott walker. but forgot to check her facts. chris stirewalt didn't forget to check them. and he is here with the fallout. and we have an amazing story about a manerine, a police officer, a black lab and the powerful moment that brought them all together. >> we cleared the routes for the patrols every day for the marines. we found a couple ieds.

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from the world headquarters of fox news, it's "the kelly file" with megyn kelly. well controversy today on the campaign trail of the potential 2016 contenders after a liberal columnist launches a scathing attack on wisconsin governor scott walker. on friday the "new york times" ran a column from gayle kolcollins that argued in 2010 lay offs happened in schools because walker cut state aid to education. but he wasn't even governor in 2010 is the problem for her theory. she was promptly called out by several reporters to realize she didn't fact check parts of her piece. on sunday "new york times" issued a correction saying the

layoffs were made by the city's school system because of a budget shortfall before mr. walker took office in 2011. chris stirewalt joins me now. chris, when "new york times" magazine just did a piece on me a couple of weeks ago. >> did they? >> it was meticulously fact checked. i tell you they spent hours and hours and hours on the phone fact checking it. how does something like this get in there? >> well it's gail collins. >> they don't care if it's just a column by gail? >> here's the funny part. the funny part is gayle collins was trying to be funny. she was trying to be mean and asur vik about scott walker and he didn't go to school and he needs an education and that was the inside joke he needs an education and he was stupidly wrong, and she was wrong. >> way wrong. >> just way wrong. but i guess what i would say the threshold, the expectation for general excellence in her column

is perhaps not as great as it is for other things. in the paper it's more of a trifle perhaps on the editorial page, but it certainly didn't live up to the standard of the rest of the newspaper. >> what do you think? do you think if this had been a middle of the road columnist taking a shot at a gop potential candidate? do you think that the "new york times" would have handled it differently? >> well, i bet if -- >> i'm sorry, a democrat i mean. if they made a mistake about a democrat. >> i was just going to say maureen doubt who melted hillary clinton's face with the most intense column that she is really back in the wheel house. she totally melted her. >> she did. if you haven't seen it, it's still out there. >> check it out. it will melt your face too. when you read it you can just bet that the "new york times" fact checked that thing. you can bet that team hillary was on the telephone in realtime. well, no you can't say that. >> right. >> i'm sure that was

meticulously fact checked. >> scott walker took some hits and now people aren't watching the fox news channel today or didn't read the correction in sunday times they think this is true. won teacher of the year that she then lost her job because of scott walker's policies. which is not true. does this hurt scott walker? >> no. i think it's good for scott walker. first of all, i think he can pretty well kiss off the gayle collins fans vote inside the republican primary gone. that's okay. and it helps him because when the "new york times" attacks somebody, especially wrongly that is the cue, that is the signal to republican primary voters to pay attention. >> that's what made sarah palin a star. >> exactly. she wouldn't have been nearly as popular as she was if it hadn't been for the fact the establishment press gang tackled and tried to wipe her out. that told republicans you better standby this person. "new york times" hates them. >> chris, great to see you. >> you bet. >> joining me now someone who may take that advice.

potential 2016 contender and former new york state governor, george petaki. good to see you. >> good to see you. wrongfully attacking a republican -- >> has it ever happened to you? >> never. i can't count the number of times it has. >> let's talk about you really feel like these republicans already who have sort of unofficially thrown their hats in the ring are handling some key issues all wrong. >> well, there are a lot of good candidates out there but look at last week. we have isis going crazy around the world. we have now the violence in copenhagen. and we're talking ability measles vaccines and evolution. and we look ridiculous in the eyes of the public. we have to focus on the security of us so we can protect ourselves -- >> but they're trying. but they get pulled into the abyss by some left leaning columnist. walker got hit by the english guys on evolution. >> how tough a question is that? >> and chris christie too on

vaccines. >> but they could have either said i'm protecting america from isis. they could have answered the question. >> what do you mean? if they answer the question then they get hit for being too republican. >> too republican. i kind of thought that the idea of vaccination was settled when george washington at valley forge vaccinated troops of smallpox. he did pretty well. he had a pretty good political career, megyn. >> what should they do? let's say you go from potential gop contender to actual. >> right. >> and you're sitting there with some reporter or at a presidential debate and they say to you, governor, where do you stand on the issue of contraception? >> they talked to me about that for 12 years when i was governor of new york very left wing social agenda. i said i'm focusing on making new yorkers safe. >> saying you have to answer these questions. if you have access to the red

button, you have to answer anything and everything. >> but you don't have to. focus on what matters to the american people. i'll tell you, tonight, how many people out there sitting i'm really concerned about contraception? no they're concerned about the beheading of 21 christians in libya and the fact this president goes out and plays golf. that's what they're concerned about. >> certain people may be worrying about contraception. won't get too in-depth on that. what about you? everybody's focusing on scott walker as this guy who governs this bluish state and has won repeatedly in the recall elections and so on. and yet you can relate to that. >> yeah i can relate to that. >> it still blows my mind that you're a republican elected and re-elected and re-elected here in new york state. >> in new york. and i ran as a republican conservative. >> how did this happen? >> because i had an agenda that crossed party lines. when i talked about jobs i didn't just talk about tax cuts i talked about creating jobs and making us competitive. when i talked about anti-crime

issues, i would go into harlem and say if you live on fifth avenue and have a doorman you don't have to worry about being mugged at night. but if you're taking the subway home, you're the ones who are the victims. >> what about the pro-choice lobby? they don't want a republican in office. how did you get past them? >> in 12 years i don't think i've talked about that issue twice. >> what did you do well in office? did you govern on that at all? did you restrict those items or -- >> no no. >> they hold that against you. >> no i dealt with what i knew i could deal with which are the big issues facing the future of the state which were crime and keeping us safe. we were the most dangerous state in america. >> gay marriage? >> it didn't come up as an issue, but i think leave it to the states. i don't think it's a role in washington. let's focus in washington on protecting the american people, taking america back from the interest groups and the lobbyist who is have too much power and reducing impact -- >> i got to go. but real quickly, what should we do about isis?

>> we should attack them over there before they attack us here. i was governor on september 11th. we thought on the other side of the world we didn't have to worry. we have to worry. we are vulnerable here. we have to attack them there. >> governor, great to see you. i have a feeling we're going to be seeing much more of you as well. there's breaking news on the story governor pataki just mentioned. congressman pete king has the latest intel on that. he's here live next. plus new developments tonight in the case of road rage that's now getting national attention.

developing tonight las vegas police are on the hunt for a suspect or suspects who shot and killed the mother of four in an apparent road rage attack. police say the victim, tammy myers, had just given her daughter a driving lesson and headed home when she almost collided with another car. the man in that car followed them home. when ms. meyer got out of her

car, someone started shooting. her husband with an emotional message for the suspect. >> so, you guys that did this, look at this closely. because she's gone now. she's leaving a 15-year-old, a 20-year-old, 21-year-old and a 23-year-old without a mom tonight. so you got your wish you fired the shot, she's gone. >> the suspect is still on the run. his car is believed to be a four-door gray or silver sedan with possible front end damage. well developing details tonight on what is being called yet another terror attack overseas. a gunman in denmark who reportedly pledged allegiance to isis leading authorities on a nearly 24-hour manhunt after targeting a free speech debate in a local cafe and then a synagogue. the shooting rampage left the gunman and two others dead. one in the cafe was a swedish artist who once depicted the prophet muhammad as a dog in a

2007 cartoon. his life has reportedly been under threat ever since. he was not one of the victims. and while the u.s. has stated unequivocally that this was a terror attack, the danish prime minister is insisting that this has nothing to do with radical islam. joining us now, congressman peter king. chairman of the house subcommittee on counterterrorism and intelligence. really? why is she insisting that? >> i don't know megyn. because first of all she's a strong ally of the u.s. denmark cooperates with us very much. and i don't know what her motive would be in doing this other than perhaps she wants to wait until the legal authorities, law enforcement announces it a terrorist attack. clearly it is. >> how much more evidence do you need? >> yeah. everything is there. whatever you need is there. so, again, unless there's some peculiarity in danish law. >> you tell me, congressman, what this seems to speak to is

the genre luckeralre luckeral reluctance to call this what it is, to identify the enemy we face. >> megyn, we can start here in our own country. president obama refuses to say islamist terrorism. back when major hassan shot all those people and shouted allah -- called it workplace violence. he refuses to this day to call it islamic terrorism, islamic violation. captured political debate, people afraid of being called racist or big -- this is an enemy we have to destroy. i'm not holding back at all. >> what the incident in paris with "charlie hebdo" and so on is if you have a madman, radical

islamist, whoever it is, that wants to commit murder, it's very hard to stop them. they make up their minds. they go on these suicide missions. and then they do it. the key is intel. if you can get it. general keane was on at the top of the hour saying where are the isis detainees? we're not shipping anybody to gitmo. where are we keeping anybody? >> we have to get more intel. secondly rather than kill people we have to capture as many as we can to get intel out of them. also what i think is shown in paris and denmark is look for people shown any type of radical tendencies apparently in prison. this murderer, this terrorist, either convert to islam or radical islam or was greatly influenced. when i was chairman of the homeland security committee, we had hearings on radicalizations in prisons. this person seems to be an

example of that. came out of prison a radicalized muslim. i think there has to be much more intel in the prisons themselves. that's one thing. secondly, get intel on the ground like the nypd and continues to do on the ground -- >> let me ask you. >> yeah. >> how confident are you that that is still going on? with the policies the reforms president obama and eric holder have put in place and the reforms mayor bill de blasio has put in place? how confident are you that we're still getting the intel we need? >> my confidence i believe bill bratton is doing what he can. there's no doubt mayor de blasio wanted to do was hold back the nypd or what "new york times" wanted them to do would hold them back. but i believe the infrastructure of the nypd still continuing to do it but more difficult for them because of the fact people on top, civilians, don't want to go ahead with this. that's been a real issue on why we're doing that. again, this is pandering to

political correctness, "new york times," civil liberties union and people like bill de blasio when he was campaigning, fortunately there is enough permanent infrastructure in the nypd can keep it going. whether that's going to continue is going to be tough. >> congressman pete king. good to see you, sir. >> megyn thank you. still tonight amazing story about a marine, a police officer, a black lab and the moment that brought all three of them together. don't miss this story. plus details on why social media is buzzing about geraldo rivera yours truly and donald trump. (cough, cough) mike? janet? cough if you can hear me. don't even think about it. i took mucinex dm for my phlegmy cough. yeah...but what about mike? he has that dry, scratchy thing going on... guess what? (cough!) it works on his cough too. what? stop, don't pull me! spoiler alert! she doesn't make it! only mucinex dm packs 2 medicines in one pill to relieve wet and dry coughs for 12 hours.

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now to one of our favorite stories of the day. this one involving a u.s. marine, a police officer and a black lab. trace gallagher has the story. trace. >> megyn, u.s. marine jared left afghanistan years ago because of a series of traumatic brain injuries. there was one thing about the war he desperately missed, a black lab whose job was to sniff out bombs to keep him and his fellow marines alive. they worked together, they slept together they were inseparable until they got separated. his mom says her son has been suffering ptsd and just talking

about the dog would make him better. the mom set out to find the dog, and thanks to the military turns out she did, he's working as cay nan patrol for virginia police. when the mom contacted officer taylor, she said jared was welcome to visit spike, but as soon as officer taylor watched the two reunite she knew her time with the dog was about to end because spike had saved jared's life on more than one occasion and there was no reason to stop. listen to jared. >> we would clear the routes for the patrols every day for the marines. we found a couple of i.e.d.s. unfortunately we did have three of them go off on us so he's been through a lot same as me. i'm just happy to be here with him again. >> now, officially spike and jared won't be back together until march 5th, that's when spike is retired and will move from virginia to louisiana where as you know officer taylor is always welcome to come visit.

megyn. >> good for her. trace, thank you. we'll be right back.

little cameo tonight with geraldo on "the celebrity apprentice". >> bill o'reilly $15,000. >> the whole team at fox news showed up megyn kelly the hottest anchor woman -- >> oh you're too kind. he is in the finals, tonight. we will go over the results tomorrow and go behind the scenes of that clip and more. tune in. and follow me on >> it is tuesday february 17th. millions waking up to bone chilling morning courtesy of mother nature. freezing water every where as snow makes a mess of the roads.

maria molina tracking the forecast. >> require in the sky oil tankers spill on a train. a state of emergency is in effect. >> days after brutal beheadings of christians at the hands of isis they have a new tactic to win the war on terror. >> we cannot win this war by killing them. we believe we cannot kill our way out of this war. wait until you hear the state department's new tactic. >> a shot over new york city. snow is covering the grouvend. good morning. you are watching "fox & friends first". it is tuesday i am ainsley

earhardt. >> breaking overnight president obama's executive action on immigration is blocked by a federal judge in texas giving 26 states time to pursue a lawsuit to stop it. the president's order gives millions deportation but it could cause state's ir rep parable harm. the white house promising an appeal overnight saying quote the reaction is within the legal authority. it wrongly prevents these common sense policies from taking effect. the first executive order dealing with young immigrants wants to take effect tomorrow. >> a train derailment in southern west virginia causing tons of smoke to go