please. tell me what you're going to say this upcoming weekend. if you're going to say anything. again, thanks for watching. ms. megyn is next. i'm bill o'reilly. the sps here, we're definitely looking out for you. breaking tonight, with horrific new atrocities playing out each day and americans increasingly unhappy with how the administration is taking on terror, the president tries to repair some of the damage and convince the country that he can keep us safe. good evening and welcome to "the kelly file" everyone. i'm megyn kelly. in just the last week the administration has been rocked with repeated controversies over its handling of the threat from the islamic state terror group. first, almost two dozen christians are beheaded. and the president's team is hammered for failing to identify the victims as christian or the killers as islamic. as the white house told it, egyptian citizens were killed. then the attorney general of the united states comes out and declares that we are not at war

with anyone. a statement he has to retract hours later since the white house just sent a war authorization to congress and is in the midst of a bombing campaign in iraq and syria not to mention afghanistan. on top of that the state department has been relentlessly questioned over the last 48 hours after deputy press secretary marie harf seemed to suggest that the key to ending the terror threat is to create more jobs in the middle east. as if walmart could make a real difference in syria. here is the president just a couple of hours ago. >> al qaeda and isil and groups like it are desperate for legitimacy. they try to portray themselves as religious leaders, holy warriors in defense of islam. that's why isil presumes to declare itself the islamic state. and they propagate the notion that america and the west, generally, is at war with islam. we are not at war with islam.

we are at war with people who have perverted islam. of course the terrorists do not speak for over a billion muslims who reject their hateful ideology. no religion is responsible for terrorism. people are responsible for violence and terrorism. poverty alone does not cause a person to become a terrorist. any more than poverty alone causes somebody to become a criminal. there are millions of people, billions of people in the world who live in abject poverty and are focused on what they can do to build up their own lives and never embrace violent ideologies. >> chief white house correspondent ed henry joins us live now. ed. >> megyn, the bottom line is this was the president as community organizer trying to bring local muslim leaders together to help them stop the recruitment of young jihadists. but he offered little urgency about christians and jews being slaughtered in realtime. instead framing the battle against isis as what he called a generational problem. we're told tomorrow's conclusion

of the three-day summit will be much more focused on actually putting out a strategy to defeat isis. but a good chunk of today was about helping muslims deal with what the homeland security secretary jeh johnson said was hardship and discrimination. the president writing an op-ed in "los angeles times" today declaring the only way to succeed at countering violent extremism is to address what he called legitimate grievances muslims have. something i pressed josh earnest about. legitimate grievances of isis or any other extremist group. >> ed, i don't have the op-ed in front of me. but i believe that's actually a reference to the efforts of the administration and obviously local law enforcement and other community leaders. here in this country. to prevent isil from succeeding in recruiting and inspiring people to join their fight. >> now earnest said he could not explain why this weekend he put out a statement about the 21

who were beheaded and did not mention their christian faith. nonetheless the president today again in his remarks talked about the three muslim students who were tragically killed at the university of north carolina recently and mentioned their faith even though earnest admitted at the podium today they don't know what really happened in that investigation. they don't have all the facts yet, megyn. >> ed henry, thank you. very quick to mention their faith and suggest that religion may have played a part. but no mention of the egyptian christians. which they came under fire for. joining me now to react bernard, democratic pollster and ceo of whitman inside strategies and bret stevens, foreign affairs columnist for "the wall street journal" and author of "america in retreat." so you tell me, bret, this was clean up in aisle 7 on a number of controversies that this administration has faced due to its own making this week alone. >> i don't think though it's helped itself particularly with this conference on violent extremism because it plays to the basic fact that this is an

administration that is desperate to evade the core nature of this conflict, which is groups of islamic militants, islamic terrorists who are at war with many muslims that are at war principally with the west with christianity, with the jews. and when you heard the president make his remark saying, you know, these people are not religious leaders they're terrorists. that raises a question well isn't it possible to be both? as a matter of fact it is. so i think what they've done in the last week is actually going to create more problems for them both politically as well as strategically than resolve them. >> overall, bernard, the problems that have bubbled up have had critics saying they look like they're trying to downplay the threat and they don't know how to handle the threat. because you've had, you know, jen psaki came on the program and told me that the evacuation from our yemeni embassy it wasn't hasty. but catherine herridge reveals

exclusively that they were in a panic when they evacuated that embassy, we did not plan for it and left perhaps classified information. and then we've got libya a country that once reached out for us for security help in complete chaos. that's where the beheadings of the egyptians of 21 christians. then people who themselves seem like the jayvee squad speaking out regularly. and the president wants us to fight this war while his attorney general saying we're not at war. and the president won't identify the enemy. >> well, i have no idea what possibly got eric holder to suggest we aren't at war because we actually are at war. and the fact we do not anticipate the fall of the regime in yemen is shocking and unbelievable to me. i think the president made one point that's fair today when he talks about not giving the legitimacy of religious cover to these extremists. your point is well taken. you can be a religious claim to be a religious leader and still be a terrorist. i think the reason why the president is hesitant to say we're waging a war against

radical islam, which in fact we are, which is in the way the world works today it's too easy for that to morph into suggesting we're at war with islam. the truth is we're not at war with islam we're at war with terrorism and violence. i think isis clearly uses the notion that the u.s. and the west are at war with islam to recruit. so i think that's why the president's tried to stay away from it. it's a tough war of words. >> you know i remember when bush was president liberals constantly mocked him for saying we're at war with terrorism. terrorism after all is only a method. and i think it's wrong for the administration to treat americans, whether they're christians muslims whatever, as children. obviously we recognize the clear distinction between the vast majority of muslims who want nothing to do with groups like islamic state at the same time that we recognize the islamic state does in fact represent a real and growing strain within the muslim world. >> president obama today seemed to be stressing that the terrorists don't recognize that. so if we come out and say we're

at war with radical islam, they'll use that to recruit young jihadis saying that's an admission they're at war with islam. >> they'll do anything. groups like islamic state. they will take hold of any pretext whether legitimate or not. what's important now is for the president to speak clearly to americans, to the western world saying we have an enemy, it has a name it represents a branch of islam that we have to fight, we have to delegitimize, but we don't help ourselves by pretending it's something other than what it is. and anyone who studies groups like islamic state seriously know the deep theological roots these groups have. look, read the 9/11 commission report. chapter two talks about who's bin laden where does he get his ideology? all of this is rooted in a strain in a branch of islamic theology. you can't just pretend to look away from it and play a game of

like "harry potter" where evil can't be named. >> was the president playing small ball today, bernard? so many have come out and called on him to acknowledge this is a global fight. and to lead an international coalition with his words, with his actions to try to mobilize the globe to fight radical islam with us. and today what we heard from the president was, you know, if a teacher sees someone who's disaffected in his class and he's withdrawn, that's the time to reach out -- it's like what is he doing? >> i'm frankly worried that the focus of today and this week really should be around the authorization of the use force. i think the summit took that off message. what this country needs is an open, honest, candid debate about the direction of use of force in iraq, syria, afghanistan and elsewhere. we need to have congress debate this. the majority of the american people, 78%, want this use of force authorized by congress. that's what we need to do and move on. >> they're going to get something authorized. the only question is how

expansive it will be. good to see you. dramatic testimony in the trial of the man who killed chris kyle the american sniper. today what his family said about his behavior on the day he murdered kyle. and a key immigration advocate has issued a stark warning about what to expect now that a judge has slammed the brakes on the president's plan to allow millions of illegal immigrants to stay in the united states. wait until you hear what congressman luis gutierrez is threatening when he joins us live. plus, on this ash wednesday both the pope and archbishop in washington. we'll speak about the fallout next. >> we're all christians. we all -- same radical conviction jesus christ has lured. but because we share that we should not have to die for it.

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breaking tonight christians around the world are marking ash wednesday. many with heavy hearts amid growing violence and threats from terrorists. today's services come days after merciless thugs murdered 21 christians in libya for the supposed crime of being a christian. the terrorists forcing the men to get on their knees before they slit their throats and vowed to conquer rome next. at the vatican today pope francis paid tribute to the victims. >> translator: i would like to ask you again to pray for our egyptian brothers killed three days ago in libya for the mere fact that they were christian. >> here in the u.s. the archbishop of washington remember urging to remember the prosecuted. >> when we walk out these doors

onto rhode island wearing these ashes, let us deeply in our heart pray for those who can't do that, or do it at the risk of dying. >> earlier i spoke with texas senator ted cruz potential 2016 candidate, about this atrocity and the initial white house response. senator cruz, thank you for being here. and as we see that act take place, 21 christians beheaded and as we see 45 people burned to death by isis in iraq, the white house refuses to identify the religion of the first group of victims and holds a summit on violent extremism without identifying that it is radical islamists that we are fighting and that is committing these horrific acts. your thoughts. >> well, megyn, you are exactly right.

isis is the face of evil. and these latest atrocities our heartbreaks. and to see 21 coptic christians murdered, beheaded by radical islamic terrorists, to see 45 people lit on fire -- this is horrific. and it is deliberate. and it is targeted. it is targeted at christians. it is targeted at jews. it's targeted at muslims in the region who do not acede to the radical islamic views. unfortunately this administration and president dogmatically refuses to utter the words radical islamic terrorism. you cannot defeat an enemy if you refuse to acknowledge what it is. >> why can't you? why not? >> because you cannot focus on who you are targeting and what you are trying to do. you know this week we saw the spokesperson for the state department say we cannot defeat isis by killing them.

instead, we need to give them all jobs. now, with respect, that is idiocy. the solution here is not expanded medicaid in iraq. the solution is the full force of u.s. military power to destroy the leaders of isis. they have declared war, jihad on the united states. jihad is another word the president doesn't say. instead, you know a couple weeks ago i was at the national prayer breakfast where the president spoke. and bizarrely he compared these atrocities to the crusades. in this strange act of moral relativism. last i checked the crusades began a millennia ago. and i don't think it's too much to ask the president to stay in the current millennium. they ended over 700 years ago. >> what did you make of this act? -- what did you make of the fact

he refused to call the 21 victim victims who had their throats slit by isis citizens he didn't call them christians. >> absolutely. this is a president and administration that has turned a hard heart to the persecution and suffering of christians abroad, to the persecution and suffering of jews abroad. you look at the christians where is the president speaking up loudly and consistently for pastor sayida in prison for expressing his faith. when sentenced to 100 lashes and hanged by the neck until dead for her faith the president would not speak up. just a couple weeks ago the president made reference to the horrific terrorist attack in paris where radical islamists went into a kosher deli and the president said it was a "random" act of violence. there's nothing random about it.

these were radical islamists going to a kosher deli to target people because they were jews and to murder them because of their jewish faith. and this bizarre, politically correct, double speak is simply not befitting a commander in chief whose first obligation should be to protect the united states of america. >> you know his argument on this, which is there's no reason to admit we're in a holy war because that gives the terrorists what they want. and he's worried about alienating those muslim countries that right now are willing to stand up and fight isis. does it undermine our global effort of the coalition he's trying to build to pit the world against islam? even the radical form of islam? >> what undermines the global effort is for the president of the united states to be an apologyist to terrorists.

what would be far better to see is the kind of courage that was demonstrated just a few weeks ago by egyptian president el sisi. now, president el sisi in cairo gave a speech that was courageous. when he called out the radical islamic terrorists. and president el sisi is a muslim. he said we muslims need to stand up together against these radical terrorist who is are perverting our faith and turning it into a mandate for murder. why don't we see the president of the united states demonstrating that same courage just to speak the truth about the face of evil we're facing right now. >> senator ted cruz, always grate great to see you, sir. >> thank you, megyn. we have breaking news involving bruce jenner, a deadly car crash and the shock police reportedly got when they looked at video of the whole thing. that is still ahead. plus, things are moving quickly in the trial of the man who killed chris kyle, the

american sniper. up next what his family had to say about the hours before kyle was shot dead. >> the thing that haunts me are all the guys i couldn't save. 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.

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a dramatic testimony today in the trial of the man who killed the american sniper navy s.e.a.l. chris kyle. today the jury heard the killer's sister describe the hours before eddie ray routh shot and killed the war hero. trace gallagher has the story. trace. >> megyn, eddie routh's sister testified after her brother killed chris and chad asked if he could come over and walked in and said he killed two people. she told the jury "he took their souls before they could take

his." at first she didn't believe him. then saw that he was driving chris kyle's truck and says she told him "i love you, but i hate your demons." she then called 911. listen. >> he says he killed two guys. they went to a shooting range. like he's all crazy. he's psychotic. i don't know if he's on drugs or not. >> routh's attorney then asked if she said that to the dispatcher because she was trying to set up a defense. she replied, no he was blanking psychotic. the sister's husband testified on the day of the murder eddie routh said, "is it just me or is the world freezing over." the brother said "the hair on the back of my neck stood up a little bit." seconds later they learned about the murders. routh's ex-girlfriend testified he would sometimes go weeks without showering, get enraged over minor incidents and that they fought over his use of drug and alcohol. the ex-girlfriend claims once routh used a ninja sword and a

butcher's knife to keep her and her roommate from leaving their apartment saying he was trying to protect them from the voices he was hearing. the defense clearly is trying to prove insanity. testimony in the trial continues tomorrow, megyn. >> trace, thank you. congressman luis gutierrez says republicans can expect "militancy" after a judge puts the brakes on the president's plan that allows millions of immigrants to stay in the united states. he, mr. gutierrez, and governor rick perry, join us on that in a "the kelly file" exclusive. then, it was a critical day for potential 2016 candidate jeb bush. up next dana perino joins us on what the former florida governor just said about his famous family. >> i admire their service to the nation and the difficult decisions that they had to make. but i'm my own man. and my views are shaped by my own thinking and my own experiences. i am totally blind. and sometimes i struggle to sleep at night, and stay awake during the day. this is called non-24. learn more by calling 844-824-2424.

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breaking tonight, we just got word from washington late today that rear admiral john kirby is stepping down as pentagon press secretary. we're told the new defense secretary, ashton carter ordered the change reportedly because mr. carter wants to see a civilian in this position. no word yet on any replacement. developing tonight potential 2016 candidate with a very familiar last name marks a critical moment in his candidacy. former florida governor jeb bush acknowledged his famous father and brother during a key foreign policy speech today, but went onto insist he is not his brother or his father. watch. >> i admire their service to the nation and the difficult decisions that they had to make. but i'm my own man. and my views are shaped by my own thinking and my own experiences. each president learns from those who came before. their principles, their

adjustments. one thing we know is this, every president inherits a changing world and changing circumstances. >> dana perino co-host of "the five" and also served as press white house secretary under president george w. bush. so this will be one of his challenges. >> one of many. >> to create a distinction between himself and his father and brother without dumping on them. >> i think the thing about the bushes is they know that. so when 43 ran for president, he had to distance himself from his father as well. and 41 understood that. both the father and the brother understand very well that jeb they know he definitely is his own person. anybody who knows the family recognizes jeb bush left the family at 18 found love in mexico. they moved together, they married early. they go to florida and he charts his own destiny there. >> but for the first time he's going to be forced to say how. >> that's right.

>> how are you different. thousands far he's said he's my brother, i love him, i'm not going to do that to him. now he's going to have to say did you agree with the iraq war, with the strategy, all of it. >> i think what he tried to do today is to say a changing world, changing circumstances, that's absolutely true. because no president, no one has any foreign policy experience until they actually sit down at the desk. arguably you could say george h.w. bush had more foreign policy experience than any other modern president. but still until you are in that position to make decisions. so what jeb bush i think is trying to do is say i would have the character and the judgment and the temperment to deal with the changing circumstances of our time. the more important thing today i thought was the distancing from the brother and father that's going to be inevitable, he will fight that for the next two years. >> uh-huh. >> but he did today show he was not afraid to you know throw a punch at president obama. >> a few of them. he talked a lot about -- i had it here.

it was interesting. about how he says our presidents both republicans and democrats have accepted responsibilities of american power in the world with the belief that we are a force for good. i have doubts about whether this administration believes american power is such a force. i mean, he and any other republican, you know, who winds up being the nominee they're going to run on foreign policy because it's so big now. and they're going to have to draw a clear line between president obama's approach and their own. >> so he has two audiences. he's got the republican primary folks, and then he's got the rest of america saying who is this guy. a lot of people that would vote in a primary would say i could agree with that. but make no mistake, it doesn't matter which republican ends up being the nominee, they will be tagged by the left as wanting to drag america back to the ways of the bush 43 administration. that will be their attack line. >> on the other side it's going to work both ways because she can't be you know -- if jeb bush is yesterday's news then so is hillary clinton. >> or it will be hillary clinton has obama's foreign policy.

and are you for that? because arguably the world is much worse off because we do not stand strong as a nation and act upon our exceptionalness. >> last question before i let you go, jeb bush fell nine points in the most recent poll. some suggesting he came out too early, the bloom's already coming off the rose. we're not even at february. your thoughts on it. >> i think it's entirely too soon to know. but i think one of the things that has happened in the bush world was the first thing that has happened is romney decided not to run. so now you have more of a focus on someone like scott walker, people that are in politics know him a little bit but they are starting to get to know him a bit more. that means more scrutiny against him as well. >> thank you very much. good to see you. speaking of possible presidential candidates, joining me now from israel, potential 2016 gop contender who is number one right now in the latest cnn poll. gaining ten points since december, governor mike huckabee. governor, good to see you. what about that? what do you make of the fact you have rocketed up to number one in the latest poll in the gop

field? >> well, it's kind of nice to hear that. it means a whole lot other than there will be a target on my back. it's always nice. i don't think the polls mean a whole lot except for when i'm at the lead so yes it means a whole lot. proves america is smart. that's good. >> what has been the biggest news item about you in recent weeks? it's been your comments and your book about you know, social issues. and then you and i had exchange about social issues and what women are doing in america today. and what a poll seems to suggest is unlike what you might read in the more left leaning publications, the american public they're not holding those things against you. they may actually like those things. >> yeah. and i don't even think that's what it is. i honestly think that people know that when it comes to the defense of israel and a strong stand against understand what's happening in america and the mid

middle east, the bottom 90% of american workers whose wages have been stagnant for the last four years republicans aren't talking about that very much. if we don't talk about it hillary clinton's going to be the next president. >> i was just talking with dana about foreign policy. obviously this is going to be huge. the atlantic wrote an in-depth piece this week that was fascinating on the rise of isis and how they're islamic, the islamic nature of isis is fundamental to who it is and needs to be acknowledged by this administration. this is a left leaning publication. and one of the ways you know it is a left leaning publication is they had a hit piece on you talking about how the gop has a major problem with islamophobia. so that magazine that said that about you wrote this piece saying the islamic state is islamic and president obama needs to get real about it. but this is where they're going to go with you that mike huckabee who has said some controversial things not about radical islam but about islam, is an islamophobe. to that you're going to say what? >> i'm going to say it's pretty

radical when you cut people's heads off. it's pretty radical when you burn people alive. and if that's not radical, i don't know what is. am i against that? good, god, yes. i hope everybody is. and if that's islamophobia, then i'm guilty. i'm a realist when it comes to the fact that the president has been so difficult to find his throat on being able to identify who the enemy is. you can't beat an enemy you don't name. and he's had a hard time even in his speech this afternoon. i mean, one of the things that became very clear is that the president once again wants to defend the muslim faith and yet the hate crime statistics from his own justice department in 2012 showed that over 62% of the religious hate crimes in america were directed against jews. only 12% against muslims. the issue is not islamophobia the issue is anti-semitism. and i wish the president would address the fact that jews are the ones that are getting targeted a heck of a lot more in

the united states than are muslims. >> governor huckabee we'll continue this conversation another time. good to see you sir. >> thank you. coming up bad news for former heartthrob vanilla ice after the rapper-turned home improvement exert -- really? is arrested for burglary and grand theft. plus a key immigration advocate has issued a warning about what to expect now that a judge has slammed the brakes on the president's plan to allow millions of immigrants to stay in the united states. congressman luis gutierrez is here on the militancy he says we're now going to see. >> with respect to the ruling i disagree with it. i think the law's on our side. and history's on our side. and we are going to appeal it. thththththth 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.

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rick perry. governor, good to see you tonight. so this is a victory for texas under your successor, and yet president obama seems undeterred. he maintains he has the authority to do this. what say you? >> well, it's a victory for the rule of law. and that's what this is really about. so you got 26 states that are standing up and saying that this country is based on the rule of law. you can't have presidents just willy nilly going around and using their executive fiat whenever they feel it's in their best interest or what they want to see. >> you, unlike a lot of other governors in this country, have done an effective job at sort of walking the line on immigration. "the washington post" paid you that compliment not long ago. and they said that you've been tough on illegal immigration, but you've managed not to ail je nate hispanics in your state

pointing out you won latino vote in 2010. in the state you've been kinder and gentler when it comes to immigration policy. however, do you agree with barack obama when he says with respect to the illegal immigrants who are now here, we're not just going to ship them off. it's not who we are. >> well, i think reality tells you the real issue we have to deal with here is not that the american people are going to accept a conversation or for that matter a debate about immigration policy until the border's secure. i don't think american people trust washington to deal with this issue of immigration reform until the border's secure. that's the reason we did what we did in texas. it's the reason i invited the president to come down and see that his policies, whether it was other policies they put into place during the six years of this administration are what's really driving a lot of the illegal immigration that's occurring and a lot of the

illegal activities that are occurring. >> what does that mean for illegal immigrants here now? say we get a president perry in office and you're working with office to pass immigration reform that would tighten up the border security. but meantime we still have 11 million illegal immigrants in the country. what do you do with them prior to the moment you get that border secured? >> i don't think anyone with a sense of reality thinks we're going to ship 11 million or 12 million people back to where they're from. again, i go back to the conversation that has to occur -- and then it's not a conversation. it's got to be action. and we have to secure the border. we have a 74% reduction of apprehensions after we surged our national guard along with our law enforcement down to that southern 150-plus-mile region of the border. so i think it's fine to have a conversation, but the american people are not going to trust washington. they're not going to trust anyone until they see that the border is truly secure.

we know how to do that. we'll be happy to show not only this president but this congress. listen, congress could have dealt with this years ago, but they haven't. so this isn't just barack obama's problem. this is also washington, d.c. and a congress in my opinion that has been do-nothing about securing the border. >> on the other side of this issue congressman luis gutierrez of illinois. he's one of the president's most vocal defenders on immigration. congressman, good to see you. in the wake of this ruling you came out and said the militancy and anger at republicans will now be unprecedented. what did you mean by that? >> i said there will be a growing militancy among those of us who believe that comprehensive immigration reform should have come to the congress of the united states and against this action in the court. i further said that that would be seen in voter registration voter participation, people becoming citizens and new

activism. and i think that's going to happen. i think you're going to see an in voter participation and in people coming out to vote. and registering to vote. so i think militancy is going to be seen. >> you went onto say that this speaks volumes, this ruling speaks volumes in your view about how mean and zenophobic folks can be, meaning an unreasonable hatred of foreigners. >> fear. >> hatred or fear. so who is being mean? and who has an unreasonable fear or hatred of foreigners? >> i think that when a judge who has already spoken about the case -- first of all i think the federal judge should have recuse recused himself. he'd already spoken about criminals and president barack obama was basically inviting criminals into the united states of america. he said that already. >> on a different issue. >> but on immigration he had already --

>> with the plight of children across the border -- >> and they were children. so there's a difference of opinion. but he said that the children when he described them as a federal judge that they were criminals. so i think when i speak about hatred and bigotry, when you use that kind of terminology about children fleeing violence, they're not all criminals. i think we all agree on that. >> but you seem to be talking about republicans. because what you said -- no i just want to clarify what you said. >> i know. >> you said it speaks volumes of just how mean and zenaphobic you can be to put in risk and jeopardy the political future you have as a national party. so you seem to be speaking about republicans as mean and zennaphobic. my question to you is on what do you base that? >> on the following. the judge said, oh they're going to get driver's licenses and that's going to be a cost. come on, they're already driving in texas. last time i checked driver's

licenses are not free. he went onto say those children will now be using taxpayer dollars to get educated these illegals in the state of texas. the supreme court has already amended you must educate all children in america -- >> now you're limiting it to the judge. but in your earlier statement -- >> because that's what i believe about this judge. >> and also apparently about the republican party. but listen -- listen -- i get it. you don't like the judge. but the thing is, congressman -- the thing is there's a rule of law -- >> the mayor in the town he lives in thinks it's a bad decision. >> but the thing is there's a rule of law in this country. and not only did this judge not think that barack obama lacks the authority to put this executive action in place, barack obama thought he didn't have the authority to do this for six years. is he also mean and xenaphobic? >> let me say the following.

i didn't agree with the president when he said that. if i could -- you know, you and i can have a much longer conversation -- >> why don't you just answer the question, sir? >> i will bring you a repertoire of things -- >> i don't want your repertoire. i want answer to my question. >> -- the floor of the house of representatives about immigrants -- >> you're dodging. >> no, i'm not dodging. >> the president of the united states -- the president of the united states felt the same way as this judge for six years. >> which i'm a member in which three witnesses all they did was talk about illegals being drugs, cartel sent to the united states -- >> you know it was the president of the united states, the leader of your own party, who said he didn't have -- all right. this isn't helpful. congressman, i appreciate you being on. i got to leave it at that. we're out of time. if you want to hear more i'm sure you can do it on the congressional floor. i'm sorry sir.

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news late today on the deadly car accident involving bruce jenner. the associated press is reporting on new video of the crash that could lead to manslaughter charges for the former olympian-turned reality tv star. trace gallagher reports from our west coast newsroom, trace. >> in fact megyn, law enforcement sources confirmed to the associated press that there is video of the fatal crash in malibu involving bruce jenner. it apparently comes from the metro transit authority bus that has cameras in the front, on the side and in the back. now, it's unclear exactly where the bus was in relation to the crash scene but what's key about the video is that it reportedly shifts the blame toward bruce jenner. because authorities had thought it was a chain reaction crash that the driver of the lexus who was killed first hit the rear of a toyota prius. and then bruce jenner's escalade struck the lexus pushing it toward an oncoming hummer. now we're told the lexus did not hit the prius. jenner hit the lexus pushing it toward the hummer.

jenner's vehicle went onto strike the prius. and now watch this this is from a forensic animation group showing possible reconstruction of the crash. this animation is not based on the videotape, but it does represent what the tape reportedly shows. and if it is accurate, it would mean that bruce jenner who was hauling a trailer at the time, may have been traveling too closely to the lexus and that could lead to serious charges. jenner did pass a field sobriety test and did not appear to be using his cell phone at the time. neither bruce jenner nor his reps have responded to this new information. megyn. >> trace, thank you. we'll be right back, but first coming up on "hannity". >> when you listen to her, i swear to god you think you're listening to a let me talk to you about retirement. a 401(k) is the most sound way to go. let's talk asset allocation. sure. you seem knowledgeable professional. would you trust me as your financial advisor? i would. i would indeed. well, let's be clear here. i'm actually a dj. [ dance music plays ] [laughs] no way!

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two weeks later. look, credit karma-- are you talking to websites again? this website says "free credit scores." oh, credit karma! yeah it's actually free. look, you don't have to put in your credit card information. whew! credit karma. really. free. well i also spoke with governor rick perry about 2016 and the new approach he will be taking if he officially joins this presidential race this time around. you can watch that at facebook.com/thekellyfile. share it, leave a comment, let us know what you think. also follow me on twitter. let me know what you thought of my interview with the u.s. military is looking to use moderate syrian rebels to help in the fight against isis.

the pentagon is saying it's vetted 1,200 rebels. they will be sent to facilities in toirk turkey saudi arabia, and qatar. and drivers will be expect higher gasoline prices. there will be four minor injuries. the company says its air quality monitors detected no harmful emissions but experts say any disruption to production is likely to push prices higher. luis gutierrez. thanks for watching. i'm megyn kelly. this is "the kelly file." tonight. >> we cannot kill every terrorist around the world, nor should we try. >> the state department thinks americans are just too dumb to understand the administration's plan to defeat jihadists. >> it might be too new argument for