a lout during this broadcast? i feel sorry for the quaker lady and wallace. again, thanks for watching us tonight. ms. megyn is next. i'm bill o'reilly. the spin stops here. definitely looking out for you. breaking tonight, growing outrage directed at the pentagon after a senior official publicly releases key details about our upcoming war plans against the terror group isis in iraq. welcome to "the kelly file" everyone. i'm megyn kelly. the news coming during a briefing with reporters. officials disclosing the timing of the planned attack, the location, even the number of troops involved. already the fallout has begun with military intel officers telling fox news the details not only help the enemy but could put lives in danger. we'll have much more on this shortly when we speak with lieutenant tom mcinerney and arkansas senator tom cotton who's also an iraq war veteran. but first -- breaking tonight the obama administration has

just wrapped a terror summit six months in the making meeting with dozens of countries as the world faces almost daily images of murder, torture, beheadings and innocence set on fire. and tonight it appears the administration believes a key to this fight is community outreach. the three-day summit on combatting violent extremism is now in the history books. three days of sessions focused on fighting terror with a focus on social media empowering communities and creating economic opportunity for would-be radicals. turns out marie harf was right on message. we have reports that vice president joe biden today called attention to christian hate groups and violence done in the name of the bible. while the president chose to key in on the need to expand human rights and peaceful dialogue. >> let's have voices of

tolerance and peace especially online. we have to get serious about confronting these economic grievances. we have to address the political grievances terrorists exploit. when people are oppressed and human rights are denied when dissent is silenced, it feeds violent extremism. and finally we have to assure that our diverse societies truly welcome and respect people of all faiths and backgrounds. >> chief white house correspondent ed henry is live tonight in washington. ed. >> good evening, megyn. for the second straight day the president looked like maybe he was more in an ivory tower than in the middle of a war. take a listen to some of the final sessions, the titles of these final sessions that included "understanding violent extremism today and economic communities vulnerable to radicalization. critics like republican homeland security chairman said this is a summit without substance that the president spent more time

explaining why muslims may get into terror rather than spelling out what he's going to do to defeat isis. even some democrats are saying that the focus was off. while republicans are stepping up pressure on the commander in chief to send in ground troops. listen. >> and that focus is on this islamic extremist threat that is posed not only to the united states in the american people but around the world. from what we've heard so far the administration is really claiming that the motivation or the thing that's fueling this terrorism around the world is something that has to do with poverty. >> we're going to have to put boots on the ground, my friend. and we're going to have to do a lot more things than we're doing now if we are going to stem this tide. >> part of the reason john mccain said that is the administration did announce some progress today, a deal with turkey to arm and train the syrian moderate rebels to be ground troops on the ground in syria against isis. but the administration said they've only got about 1,200 syrian rebels ready to go. remember, congress funded and

approved 5,000. so they're making progress, but still far short of what they need megyn. >> ed henry, thank you. while the white house invited lots of what it called moderate muslims to this three-day seminar, critics are questioning how one controversial figure made the list. the man to the left of the president in this picture is salom, the president of the -- public affairs council. "we should put the state of israel on the suspect list" for the 9/11 attacks. he has since said he's sorry. he also compared islamic terrorists to "american freedom fighters hundreds of years ago who are also regarded as terrorists by the british." marc thiessen is a fox news contributor and american enterprise institute fellow mark hannah is a democratic campaign vet and a partner at the truman national security project. marc thiessen how does this guy get invited to a conference, a

summit like this? >> it's mind boggling. president obama won't invite benjamin netanyahu to the house but will invite an activist who said israel should be considered a suspect in the 9/11 attacks. "adolf iekman was himself a jew so the jews killed themselves in the holocaust." how do these people get invited to a conference? i thought this was a conference on fighting extremism, not giving it a platform. these people should have no role to play in combatting islamic radicalism. >> mark hannah in researching this guy it appears that he not only has worked with the obama administration, he did work with the bush administration as well. but does that excuse it? when i looked into his background and read a lengthy article by andy mccarthy at the national review online, he talks about how this guy's group condemns terrorism before nonmuslim audiences but neglects to does not consider resistance to those who "persecute muslims"

to be terrorism. he has many examples of this group's support of hezbollah and hamas and incendiary rhetoric. what was he doing there? >> i think you just answered the question, megyn, by saying, look, this guy has been working -- same with the muslim public affairs council has been working ten years -- our department of justice has been working with our local law enforcement. this group is a mainstream moderate muslim group. he's absolutely said stupid things in the past for which you correctly reported. >> stupid? >> he's apologized for. >> for one of them. for one of them. i found an apology for saying israel may have committed 9/11 against us. >> megyn we always wonder in the media every time there's a terrorist attack we wonder where are the moderate muslims who's going to come out and speak out against this? this group is the group that always does that. if we try to alienate this group, who are our allies? of course th muslim groups who get invited --

>> hamas and hezbollah, groups we recognize as terrorists. mark hannah, you tell me whether the fact that the bush administration worked with this group at times as well excuses having them at this conference. >> marc thiessen -- i think marc thiessen should answer. >> marc thiessen. >> okay good. he should answer that. >> if we invited them to the white house we shouldn't have done it either. but the point is that this group -- if you're saying these are the kind of moderate muslim groups we should be working with, this is a guy who said most islamic movements have been branded as terrorists as a result of rising extremism of a handful of militants isis, al qaeda qaeda, hezbollah misbranded -- >> no. >> it's not just that. reading in this article further in 1993 this guy mariati claimed when patrick henry said give me liberty or give me death, that statement epitomized jihad. there are so many examples of this.

examples of a palestinian attacking israeli families on a corner and getting shot dead -- or getting shot in response to this terror attack. and this guy called for justice to be called for the shooters here in the united states -- he was shot because he was attacking a bunch of israelis. this guy seems to be rather radical, mark hannah. it just feeds into a narrative that people have about whether the president is taking the advice of the right people and whether he's focused on the right things at this summit. >> i think he is. there were groups from this summit. you mentioned the christian people mentioning the bible. i've spoken with my friends who were at this summit and they mentioned groups from northern ireland there represented, the antidefamation league the sort of jewish group that rightly calls out and criticized anti-semitism. this was a diverse group, but it wasn't, i'll mention, this kind of interfaith gathering. we know that violent extremism throughout the world this day and age is coming mostly from

groups that are affiliated or sects of the muslim faith. so we absolutely need muslim groups there. we can take quotations out of context and we can do that to conservative -- we can do that to republicans and make them out to seem like, you know, rush limbaugh has said -- you know. we can take -- >> you're comparing this guy to rush limbaugh? a guy who justifies hamas and hezbollah -- >> marc -- >> i'm sorry. a guy who says hamas and hezbollah are the equivalent of the american founding fathers, a guy who said after the ft. hood shooting after it was absolutely clear that nadal hassan was in communication with al qaeda with their leaders in yemen, said it was because he had psychological problems. this guy just dismisses terrorism. justifies terrorism. when you compare hamas and hezbollah and terrorist groups for the founding fathers, you are justify -- >> let me ask you this. listen, i want to ask you this. the question is whether what we had here this three-day summit,

was a social justice organization. i mean, it was a summit on social justice and how we need to improve the economies in these countries and the health care in these countries and items that have been favorites on the left as opposed to going squarely at the religious ideology that motivates terrorists. >> we're talking there were three pillars to this. and one was attacking with kinetic military might attacking with air power and striking down and killing terrorists. that was discussed among us and our allies at the state department as part of this. there was also yes, a community angle. and we can trifl trivialize that all we want. somehow soft power as a democratic idea, but it doesn't stop the fact that most of this terrorism that is coming out of these kind of home grown communities is coming out of communitys that are muslim communities. and so under the bush administration, under the obama administration -- >> i ask you, marc thiessen whether that feeds into what

marie harf was saying we need to find them jobs. and as the president pointed out himself yesterday most of these terrorists who hit us on 9/11 came from wealthy families. osama bin laden came from a wealthy family. and most of these terrorists arrive from the middle class or upper middle class. >> that's true. but look, i have no problem with what we're talking about with soft power as long as it's backed by hard power. when soft power's used with our hard power, it's just softness -- >> go ahead, marc thiessen. >> when we have the united states fighting isis -- the military's fighting with one hand tied behind its back because every military commander has said we need boots on the ground and the president won't send them. we're having discussions about soft issues, it's nothing but weakness. >> ed henry called bill o'reilly unfair on this. >> you're confusing me by bringing up ed henry when we talked about patrick henry. good to see you both. >> thanks megyn. we have more coming on our breaking news about the pentagon revealing parts of an upcoming

battle plan to take on the terrorists. general mcinerney and senator cotton next with that. and america's mayor taking heat for an incendiary comment. right now go to facebook.com/thekellyfile to read the full remarks. and mayor rudy giuliani is here to respond live to the controversy he created. plus, the defense rests in the "american sniper" trial today. we have details on the testimony that left chris kyle's widow in tears. ♪ bring your vision for the future to life. for more than 145 years, pacific life has been helping families achieve life-long financial security with innovative tools and strategies. talk to a financial advisor to protect your family and plan today. pacific life. the power to help you

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available without a prescription for frequent heartburn. get complete protection. nexium level protection™ breaking tonight we are hearing some angry reaction after the pentagon chose to reveal specific new details about our upcoming military plans including efforts to retake a key iraqi city from the islamic state terror group. the disclosures include the number of iraqi troops that will be involved and a specific timeframe for the battle. the news stunning some military intelligence officers who tell fox news this information may help the enemy. joining me now retired lieutenant general tom mcinerney is a fox news contributor. and arkansas senator tom cotton is a member of the armed services committee as well as an iraq and afghanistan war veterans. we had two marks in the first segment. we have two toms here. thankfully you have different titles.

i'll start with you, senator, and tell me if this will help the enemy and why'd we do it? >> megyn, it's good to be on with you. it's very mystifying why this administration would reveal potential plans to retake mosul. if a private in iraq had revealed this kind of planning inadvertently by leaving a plan in the channel hall of the gym, he might have faced a court-martial, but now it's almost become this administration announces war plans in advance. it only increases risks. you have to wonder given the timing right on the summit counter terrorism, if this is to get a p.r. win hasn't produced any other concrete to justify the president's failures -- >> general mcinerney do you agree? thai saying in april this may happen. it's like february, why would we be announcing that tonight? >> i agree with senator cotton. it's absolutely bewildering. we are aiding and abetting the enemy. i do not understand why the president and the administration want to aid and abet the enemy. >> could it be to inspire, you

know the enemy to do something different between now and then like get out of mosul? >> well, maybe, but the way they've been acting they're not going to get out of mosul. they're going to stay probably and it's still going to expose our forces to a certain risk because they're going to be doing a lot of preparation defenses. all those kind of things that are going to make our troops more vulnerable. so, again, it's aiding and abetting the enemy. and i don't understand why they're doing it megyn. >> you know, senator cotton, weave had so much discussion over these past few days about whether this president needs to name the enemy as radical islam as so many generals even administration officials under barack obama have come out and said he needs to do it. today "new york post" hit him putting a blindfold on him suggesting he doesn't understand it's islamic terror you can see that. the administration says we're not going to quibble over the

language, we're not going to play into the terrorist propaganda, that's why we don't say it. what say you? >> megyn it's essential to identify your enemy to destroy your enemy. it's a strain of radical islam that's trying to kill us here in the united states and to kill americans and our allies all around the world. >> but why need to say it? what do the troops care whether we say that? >> our troops at every level need strong and confident leadership. and if you're not willing to call your enemy what it is you're em boldening that enemy. you're making the islamic state a stronger force that plays into the myth that america is a paper tiger, that doesn't have the courage to even call our enemy what it is. and also it's repeating the pattern this president has of underestimating our enemies. just a month ago he taunted vladimir putin in the state of the union. now vladimir putin controls more of ukraine than a month ago. a year ago he called islamic state the jayvee team. if we're not willing to call the enemy what it is and confront it

on its own terms, then our enemy knows it's on the offensive and that's why it's recruiting so many jihadis around the world. >> general mcinerney, the president obama said it's not playing into their hands. it's refusing to play into their hands. they want us to say we're at war with radical islam or islam because that's their message to recruit people. america is against islam. come join with us. that's how the president explained it. >> well, that's why i disagree with him. when he doesn't know the threat he's fighting radical islam that's why he and his state department spokesman talk about jobs and talk about this all soft power type stuff. >> what do you think that does to the troops? you talk to these guys. what feedback if any do you hear on that? >> they're astounded that the commander in chief the president of the united states does not know what the threat is. and that's why they're doing the wrong things. look, when a mother convinces a

12-year-old son to be a martyr and blow himself up and kill 200 innocent women and children, that is not getting -- getting him a job is not going to deter him from doing that. you have got to go and address the ideological problem. and that means go to mecca medina and the mosques and get them to change it. say this is insane, this is wrong, we need to change as president el sisi and king abdullah of jordan are saying. we need to enlist those people as well as the king of saudi arabia and get them involved. >> senator cotton, let me ask you, do you think that with respect to the military disclosures we just made because to suggest that this was done for, you know political cover in the wake of this summit, which is caused some controversy, is rather cynical. it impugns the motives of the administration that they might endanger our troops just to cover the president's backside politically. do you standby that? is that what you're implying? >> megyn there are many reports

from many generals and admirals active duty and retired that say the president and his senior west wing advisers are micromanaging this war to a degree they have never seen before. unfortunately when the president has a summit on countering violent extremism and they talk about social workers and the fact that we won't name the enemy and then right on the heels of that reveal very sensitive war plans that are going to put our troops and iraqi troops at greater risk it invites that kind of analysis. >> got to run. good to see you both. thank you. we are also getting reports tonight of bodyguards getting involved when an iranian diplomat started yelling at secretary of state john kerry. james rosen is next with an unbelievable story. plus mayor giuliani coming up. you exercise. you choose the salad. occasionally. but staying well - physically, financially, emotionally - its hard on your own. so cigna's got your back

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arrest made in a road rage case that left a nevada mother of four dead. police taking a 19-year-old into custody. it turns out he has a history with the family and is a neighbor. according to the victim's family tried to mentor him and give him food. her distraught husband arrived on the scene today and tried to get close to the suspect's house but was turned away by police. he then yelled at reporters standing nearby. >> are you happy? you made my wife look like an animal, and my son. there's the animal! a block away! are you happy? >> earlier police -- went looking for her after an incident on the road. reports nuclear talks between iran and the united states are getting

sedate setting of geneva switzerland during the the p5 plus one talks aimed at reigning in the renegade program. reports suggest the screening had reached decibel levels so loutd that bodyguards entered the room and the union policy chief at that time had "gotten used to it" even iran state-controlled news agency is reporting that zarif has been summoned by iran's supreme leader and was told "why are you

yelling in negotiations? smile and speak. do not kwaurl the ayatollah instructed. reason with them." that account omits hominy himself has already set forth nonnegotiable demands that are roughly 20 times the regime's current capabilities. at today's state department press briefing secretary kerry's spokesperson jen psaki soon to take over as communications director at the white house was asked about these reports of foreign minister zarif rocking the kasbah so to speak. >> i'm not going to speak to the tone of any other foreign minister in a meeting. i will convey that these are difficult issues. there have been tough conversations. and the secretary has also made clear points when we have limitations when we can't go farther. and we certainly expect as these continue that as issues get more difficult that that part will be part of it as well.

>> asked if secretary kerry shouts back psaki chuckled and said to be a fly in the room, megyn. >> you know how rude do you have to be to get the ayatollah who wants all israelis to be killed to yell at you? to offend his sensibility? and john kerry is so sweet. remember what he did in paris after when he didn't show up for that solidarity march and he brought over james taylor. let's reminisce for one minute. ♪ brighten up even your darkest night ♪ ♪ you just call out my name, and you know -- >> if you could see the audience shot there, james, what you would see is the ayatollah. he was actually there in the audience with a lighter. >> my thought about that, megyn, was that the parisians might

have been more comforted by beyonce or gordon lightfoot. >> i think what the ayatollah well maybe not the ayatollah but maybe the negotiator didn't understand, kerry, he's a lover. not a fighter. and jen psaki told me herself who could forget this? standby. >> is secretary kerry just a hugger? >> he is a hugger. i don't think that's a bad thing, megyn. >> apparently the french think it is, but that's the french. iran is mean. >> he is a hugger, by the way. when i first started traveling with kerry about a year ago, a two years ago, he was a scruncher of shoulders. when i did my first interview with him he hugged me like bros like fraternity brothers. >> more so than biden? >> well count biden has not gone for me i'm afraid to say. >> i'll remain silent on that subject since we're on tv. good to see you. >> like wise. it's been 72 hours since a

federal judge blocked the president's immigration plan. so why hasn't the administration delivered its promised appeal? and may they be blowing it by taking so long? we'll investigate. and america's mayor taking heat for an incendiary comment about president obama. right now go to facebook.com/thekellyfile to read the mayor's full remarks and rudy giuliani is here live right after this break to respond to the incoming against him. the world is filled with air. but for people with copd sometimes breathing air can be difficult. if you have copd, ask your doctor about once-daily anoro ellipta. it helps people with copd breathe better for a full 24hours. anoro ellipta is the first fda-approved product containing two long-acting bronchodilators in one inhaler. anoro is not for asthma. anoro contains a type of medicine that increases risk of death in people with asthma.

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breaking tonight, new outrage and backlash over an incendiary comment about the president of the united states by the man they call america's mayor. last night rudy giuliani the man who led new york city through the 9/11 attacks, was speaking at a private dinner. in the audience was white house hopeful wisconsin governor scott walker and dozens of republican

big wigs. mayor giuliani saying to the crowd "i do not believe, and i know this is a horrible thing to say, but i do not believe that the president loves america. he doesn't love you and he doesn't love me. he wasn't brought up the way you were brought up and i was brought up, through love of this country." the backlash was quick and it was harsh. >> i'm just sorry to hear that. i find it wrong in every possible way that can be wrong. >> a leader of the republican party said that the president doesn't love us and doesn't love the country. if the republican party really wants to be taken seriously really wants to avoid its problems of the past now is the time for its leaders to stop this kind of nonsense. enough! >> the president's team also getting involved today. the deputy white house press secretary eric schultz taking a shot at the mayor over his failed run for president saying "mr. giuliani test drove this line of attack during his fleeting 2007 run for the presidency. i agree with him on one thing,

it was a horrible thing to say." here now to respond, former new york city mayor and former republican presidential candidate rudy giuliani. mr. mayor do you want to apologize for your comments? >> not at all. i want to repeat it. the reality is from all that i can see of this president all that i've heard of him, he apologizes for america, he criticizes america. he talks about the crusades and how the christians were barbarians, leaves out the second half of the sentence that the muslims were barbarians also. he sees christians slaughtered and doesn't stand up and hold a press conference although we hold a press conference for the situation in ferguson. he sees jews being killed for anti-semitic reasons. doesn't stand up and hold a press conference. this is an american president i've never seen before. >> but to say that he doesn't love america, i mean that he could view foreign policy as a democrat might view it and through a different lens than you or a republican might see it, you can understand the

differences between you. but to condemn his patriotism, to question his love of america? >> i know. patriotism -- patriots can criticize. they're allowed to criticize. i don't hear from him what i heard from harry truman, what i heard from bill clinton what i heard from jimmy carter which is these wonderful words about what a great country we are, what an exceptional country we are. when he called us an exceptional country, he said we're an exceptional country, but so is greece. >> doesn't mean he doesn't love america. >> well -- >> a lot of liberals don't believe in american exceptionalism, but that doesn't mean they don't love america. >> i don't feel it. i don't feel this love of america. i think this man was -- when i talked about his background, i'm talking about a man who grew up under the influence of frank marshal davis who was a member of the communist party who he refers to over and over in his book was a tremendous critic of the united states. this is a man who worked -- a tremendous critic of the united

states. i believe his initial approach is to criticize this country. and then afterwards to say a few nice things about it. >> but when you say he wasn't raised to love america, i mean, he was raised in part by his grandparents, his grandfather served in world war ii, his grandmother worked in a munitions plant to help the nation during world war ii. i mean to suggest he was raised by people who don't love america or didn't help him learn to love america. >> well, his grandfather introduced him to frank marshal davis who was a communist who the president says -- >> he fought in world war ii. >> okay. you can fight in world war ii and then you introduce someone to a communist and the young boy gets -- >> it's a political world view. it's not a hatred for the country. >> communism wasn't a hatred of america? >> i'm talking about his grandfather, if he had a leftist view of politics in the united states should run, that doesn't mean -- >> kelly, how about being in a church for seven years where a minister of the church says it's not god loves america but god

damn america. if you were in that church, wouldn't you quit that church? i'm going to ask you that? would you quit that church? >> it's not about me. but i want to ask you this -- >> i know you would quit that church. and the reason you would is because you were brought up about how exceptional this country is how wonderful this country is. i am saying, and i may be wrong, it's my opinion and i'm entitled to it i do not detect in this man the same rhetoric and the same language, the same love of america that i detected in other american presidents including democrats. and i think it guides a lot of the things that he says and a lot of the things he does. >> let me ask you this debbie wasserman-schultz is upset. she didn't condemn barack obama when he called president george w. bush unpatriotic. >> i did not call him unpatriotic. >> i know. but she suggested you did. and she had issue with that. >> i did not. >> barack obama actually did

call george w. bush unpatriotic. and debbie wasserman-schultz -- but i have you here. i want to ask you, back when general petraeus was testifying before congress on the iraq war and the surge and defending it. and movon.org had taken out an ad calling him general petraeus. and you were upset about that. you had the following exchange. i want to ask you whether it still stands. >> the reports that you provide to us really require the willing suspension of disbelief. >> it comes on the same day as the moveon.org ad in the "new york times" accusing general petraeus of being a traitor, this is a despicable attack. hillary clinton should disown and condemn moveon.org. >> you actually said these times call for statesmanship not politicians spewing political venom. >> you know, what kind of civility is that? >> so i ask you the same thing what kind of civility is that?

>> i think that's perfectly civil. i think it's a perfectly reasonable opinion. but the president and his comments if we look at his rhetoric has not displayed the kind of love of america, the kind of love of america the exceptionalism that other american presidents have displayed. that he has gone abroad and criticized us over and over again, apologized for us. every time he does it it embarrasses me. i was in europe a lot this summer and this fall. and all i heard about was the bigoted american police departments and i never heard the president of the united states defend the policemen of america, 800,000 of which put their lives on the line for us. >> what about the critics who say you've hurt the gop? because now you've got some people coming out saying these republicans, this is how they are. that's what debbie wasserman-schultz to disavow your comments. she's the head of the dnc. but do you think you hurt the republican brand? >> i do not think i did. last time all the candidates for president wanted me removed from office is when i fought the rico

case against -- the only one didn't was george bush. >> accusing them of racketeering. >> and that case was just settled successfully after 30 years of changing -- i'm right about this. i have no doubt about it. i do not withdraw my words. if the president goes and makes a speech and talks about what a great country this is, if the president could complete the following sentence, during the crusades the christians were barbarians and so were the muslims, if the president could say islamic fundamentalist terrorism is our enemy, i will applaud the president. but until he does that i will have doubts about his emotions, his feelings his attitudes and the way in which he developed. we haven't even mentioned some of the other communists and leftists who educated him as a young man. but all we need is reverend wright. 17 years in that church and that man condemned america over and over and over again. and he remained a member of that

church. >> he says he wasn't there for those services. >> the other parishoners didn't tell him about it? i would have walked out in two seconds because i love my country. >> mr. mayor, thank you. >> thank you. >> you can go to facebook.com/thekellyfile and offer us your input. up next, a key moment in the "american sniper" trial. next, the defense rests. plus, a shocking display of disrespect at a memorial to fallen police officers and the fake blood you see on your screen is just the beginning. whether you need a warm up before the big race... or a healthy start before the big meeting there's a choice hotel that's waiting for you. this spring, choose choice twice,

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we're real cheese people. breaking tonight, the defense resting its case in the "american sniper" trial in what was an emotional day of testimony for chris kyle's wife taya. today, defense attorneys questioned a psychiatrist about the man who killed chris kyle and his friend chad littlefield. the doctor saying "it was clear that he, the killer eddie ray routh, was psychotic. no question about that. so where do we stand now? mark former prosecutor and kent zimmerman national law contributor, mark, the defense has rested. tomorrow we may have more expert testimony on rebuttal by the prosecution. where do things stand to this jury that this killer is insane? >> i think the defense did a nice job in proving that he probably most likely had some mental illness. but where they didn't carry their burden i think, and this

is why i think it's going to be a guilty verdict, is in proving he didn't know right from wrong. the defendant's confession which we heard just days ago came from his lips where he said i know right from wrong. i apologized to the victim's family. that coupled with him fleeing the scene and running from police and using drugs and alcohol, i think this is a guilty verdict. >> kent, what do you make of it? because one of the things we heard was eddie ray routh, the killer proposed to his girlfriend the night before he murdered these two men. she testified he was seeing and hearing things. she by the way is a psychologist and yet said yes to his marriage proposal that night apparently, as he's asking her is it just me? the testimony was absolutely insane. >> i agree. and listen, you had this doctor on the stand today saying he not only had a psychiatric disorder, not only on psychiatric medications, but also had said that he was worried his co-workers were going to cook him and eat him.

this did not sound like a guy in touch with reality. it appeared he knew right from wrong. he fled from the police. he told his sister he wanted to flee to oklahoma. it appeared he knew right from wrong. i would not be surprised -- >> mark d. >> yeah. >> i want to ask you about bruce jenner saying he may face manslaughter charges because his car plowed into the car in front of his in which the woman was killed. how can they prove manslaughter? >> because all it takes is negligence in california. you get a misdemeanor manslaughter charge, you could face up to a year, or if they find he was grossly negligent, if he was texting -- >> but they said he wasn't texting. police don't have evidence he was texting, drinking under the influence, anything. >> megyn, all it takes is negligence. if somehow he was following too closely one could say it's reasonably foreseeable something

like this could take place. >> really? >> i don't make the law. >> i realize not too many people -- that's worth a manslaughter charge? >> no way. i kplaetly agree with you, megyn. he offered up his phone he took blood and alcohol tests. there's no evidence he didn't act with reasonable care. until we see that evidence he deserves the presumption of innocence. no doubt about it. >> finally mark, about the immigration case that the administration lost in texas. a judge saying the president's executive order is not going to stand, not going to stand for now. that was issued on an emergency basis. the administration needs to appeal that on an emergency basis if they want expedited relief on it why haven't they done so yet? >> megyn i filed a number of emergency motions in my 20-year career. they're not boilerplate. they take some time to do the research. there's fifty years of precedent set by presidents on both sides congress, supreme court, they need the time to prepare a brief that's going to have a huge impact on millions of people.

>> i think they're taking too long. kent, quick last word. >> completely agree. listen, the longer this goes on without an appeal, the longer the court is more likely to say what's the big emergency. he still has time to file it but time or not he faces a major uphill battle. this is going to go to the fifth circuit in new orleans that's full of republican-appointed judges. he has a major uphill battle. >> it was a bad blow for the administration in texas this week. >> agreed. >> guys, good to see you. up next, the shocking display of disrespect at a memorial to fallen police officers. and the fake blood you see on your screen is just the beginning. 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! i have no financial experience at all. that really is you? if they're not a cfp pro you just don't know. find a certified financial planner professional who's thoroughly vetted at letsmakeaplan.org.

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another developing story on a shocking display of disrespect at a memorial for 70 fallen police officers. a group of anti-police protesters in denver desecrating

the memorial by covering it in fake blood, red paint. the protesters were marching for "justice" and looking to bring international attention to four shootings of unarmed citizens by the denver police department. fox affiliate in denver is live with the story. ash li. >> reporter: megyn, this has really been an ongoing problem here in denver. and it's really been escalating over the past couple of weeks. now, the most recent incident that has people fired up and fed up with the police department happened when officers shot and killed a teenage girl here in denver. now, since then her friends and family have been calling for a federal investigation because they say they do not trust the credibility of internal investigations within the denver police department. so over the weekend protesters marched to police headquarters. and when they got there they dumped red paint on the fallen officers memorial. this is a place to honor cops

who died in the line of duty. too much blood has been shed at the hands of police here in denver lately is why they say they did it. settlements here in the last year, but this is a divisive issue here. there are a lot who stand with police hundreds left blue bouquets of flowers at the memorial after that red paint was washed off. now we're learning more details from that day things are really starting to heat up. we're told officers were ordered not to engage protesters and to just let them do what they were doing that day. protesters are obviously onboard with that decision, but the police union is not. they're calling for denver's police chief robert white to step down. and now a lot of other people here want outside investigators to figure out what's going on inside the denver police department. and just today protesters have hand-delivered almost 20,000 signatures to federal investigators demanding the u.s. department of justice step in. now, we do want to make sure that we mention police officers say that they were in the right

in this latest incident involving this teenager because they say they were in danger. now, the denver police department is conducting an internal affairs review on this case. and we're told the u.s. department of justice is also keeping a close eye. megyn, back to you. >> ashly, thank you. we'll be right back. plus "hannity" at the top of the hour. stay tuned. >> to demonstrate that you're a leader, you're the commander in chief. and let's take care of business. ip to a place with no roads. then you belong at bass pro shops for incredible savings like savings of 30% on bass pro stik-o worms. and save $40 on johnny morris carbonlite spinning reels. doers they don't worry if something's possible. they just do it. at sears optical, we're committed to bringing them eyewear that works as hard as they do. right now, buy one pair and get another free. ♪ know your financial plan won't keep you up at night. know you have insights

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already getting huge reaction to mayor giuliani. i will be on vacation for the next week in balmy colorado. i'll try not to inhale on the gondola. thanks for watching. i'm megyn kelly. tonight, president obama does it again. >> the terrorists do not speak for over a billion muslims. they no more represent islam than any madman who kills innocents in the name of god represents christianity or judaism. >> now his friends turning on him. >> they're trying to be so politically correct. >> plus. >> i do hear him criticize america much more often than other american presidents. >> former new york city mayor rudy giuliani says he does not think president obama loves america. and senator cruz takes a shot at the commander in chief. >> what undermines the global effort is for the president of the united states to be an apoll gist for radical islamic terrorist. >>