out for you. breaking tonight, as critics launch new attacks on the obama administration for failing to get tougher on islamic terror new reports surface from the department of homeland security that outlines the threat from right wing radicals right here inside the united states. welcome to "the kelly file." i'm shannon bream in for megyn kelly. as the details go public the administration is continuing to take hard questions about the just-finished summit on combatting violent extremism an event focused on fighting terror through social media and powering communities and creating economic opportunity for would-be radicals.

sounding for like an academic exercise than an action plan for taking on isis. and now this release of a report pointing at domestic right wingers is raising questions about its timing and intent. we're looking at all the angles on the issue tonight with dr. ben carson and chris stirewalt. but first, let's go to mr. stirewalt, our fox news digital politics editor. chris, the conference has wrapped up. and now we have a new warning from dhs, maybe not new but newly surfacing today that we need to be looking out for people who have disputes, disagreements with their own government, those are the scary guys. >> those are the scary guys. now, we have heard this from the administration before, a report five or six years ago was along these same lines. and it targets what they call the sovereign citizen movement, which you probably haven't heard of. because there are probably a lot of people who are alleged to be at a number approaching 100,000 who don't even know they're part

of it either. these are individuals the government feels is threatening their individual rights, individual libertyiesliberties, feel they don't have to follow the law and could become violent. they cite a couple dozen instances over the last four or five years that they say are instances of this sovereign citizen movement. but i have to say this. the timing looks a little fishy. when you have an administration that is pushing hard to find examples of violent extremism as they call it, that are not involved with islamist militants and islamist terrorists when they're looking for that and all of a sudden low and behold a new report appears from the administration that says that right wing nut jobs are the real danger. >> yeah. and cair today putting out a statement congratulating dhs saying they've got to keep their eye on the ball and where the threats are. we are very happy not only for this report but we want to push the administration to do more to target the rise in violence

against muslims and others who share their faith. >> well, right. and we also heard from the controversial southern poverty law center my apologies to dr. carson, who say this is a growing threat, the sovereign citizen movement, is a growing threat to the united states. and these folks are out there everywhere. but the problem is some of the incidents that they cite are folks who seem to be just plain der deranged or plain outlaws. not part of some cohesive movement that's banded together in some sense as jihad would be. this is just an undertone sensed by the administration that they say is out there. that doesn't please americans who feel like they're already being squeezed a little too tight by a government who's watching them too closely perhaps, but definitely dovetails with the administration's argument that the threat is everywhere, not just from islam. >> well and it's interesting because we dug back through some polls really over the last few

months, cbs, cnn and fox. also when you ask people do you feel threatened by your government or that your rights in some way are threatened because of the size of the government, the reach of the government, in all of those polls across the spectrum a majority of people said, yeah i'm a little worried about my government and its control over my life and my rights. so does that mean all of those people should be on a dhs watch list? are they bubbling up and fo meanting trouble? >> give it time. everybody gets a trophy everybody gets on a watch list. no, i think what we're talking about here they're talking about individuals who they say are radical or maybe just insane. but, yes when we talk about a government, when we talk about issues like ferguson and nsa and everything else, there are grievances across the political spectrum, not just among conservatives where they feel the government is pushing them around, watching too closely and not getting off their backs. >> all right. chris stirewalt, always great to see you. have and woerful weekend. >> you too.

>> joining us to react dr. ben carson former pediatric neurosurgery at john hopkins hospital. chris made a little bit of a reference in this in fact the southern poverty law center not long ago basically classified you as an extremist, they talked about your views that marriage should only be between a man and a woman your estimation that in some ways the takeover of health care in this country by obamacare could be akin to slavery. they've since sort of apologized and retracted and said they still think you have a lof of extremist things to say and they think your views are something most people would find extreme. so should we put you on a list too? >> i guess probably all of us should be on a watch list if we don't agree with them. but the interesting thing here is i think everybody can remember when they didn't want to do something. and all of a sudden everything else seemed more interesting. well, that's what this administration is doing now.

you know a couple weeks ago it was the christian crusaders. now it's the sovereign citizens. because they don't really want to deal with the radical islamic terrorists. they don't want to do what they know needs to be done. and it really is quite a shame. but the real problem is we don't seem to learn. in world war i, you know woodrow wilson and secretary brian, they didn't want to get involved. we finally got dragged in, you know. world war ii, roosevelt didn't want to go in there. it took pearl harbor. what is it going to take for us to realize the existential threat that exists because of this? we keep saying oh, they're junior league, they're not a threat to us. if they're a threat to the world -- to another part of the world, they will be a threat to us. it's like a little bush right now which will grow into a big

tree. and it will be much more difficult to uproot it later on. why can't we learn that? >> well, dr. carson this administration has gotten a lot of heat because of the words it very carefully uses and the fact it will use some language isn't favored to using other language. there's been a lot said about the 21 christians who were marched out, beheaded. it's all videotaped and spread around the world. and whether or not they would be identified as having been killed for being christians. i want to play a sound bite from the leader of the uk's coptic christian church. one of their leaders and his take on our inability to say something more strongly about that incident. >> it was a direct act of persecution of people who are christians because they were christians. i was slightly uneasy with what was said on this side of the atlantic. but i'm sure there's a reason for that. and i hope that if there's a chance to clarify then it will be clarified. >> all right. so this is a man who, you know,

21 christians specifically from his denomination, were marched out and killed for no other reason in that except that they were christians. he seems concerned that the u.s., which a lot of people across the world for decades have viewed as leaders of the free world the moral authority in a lot of cases although there are those who feel the exact opposite of the united states. but democracy loving people like to think the u.s. is going to stand up for what is right and for freedom. that leader sounded a bit discouraged. >> well, it seems like the only thing that our leaders are willing to stand up for is political correctness, which is antithet kal to one of the founding principles of our nation, freedom of speech and freedom of expression. and what we the people are going to have to do is stop allowing that to control us. we're going to have to start thinking for ourselves. we're going to have to start thinking what are we going to do to fight the threats that exist if our government's not going to

fight it. we're going to have to start thinking about what are we going to do. our representatives are going to have to start thinking about what do they have to do. we're not helpless. we don't just sit around and wring our hands. people start thinking. >> what can they do? i mean, the white house -- the commander in chief, president obama, is in charge. he's the rightful leader of the u.s. military. there are many in the ranks who have disagreed with him, but if he's in charge what can anyone else do when combatting this specific threat? >> well, i don't want to suggest what they do. i just want to suggest that they start thinking about it and start discussing it. it's sort of like the patriots and the pre-revolutionary days. they didn't like what king george iii was doing. they got together and started talking about what kind of nation do you want to have and what can we do to make sure we get it. and they began to encourage each other and began to come up with ideas. that's how ragtag militiamen

defeated the most powerful empire on earth. we are americans. we have a can-do attitude. we have to work together. we can do this. >> a lot of that will be the decision for many leaders going through 2016. we'll keep an eye on you. and dr. carson, always good to see you. thank you. >> thank you. we have breaking news tonight on how the administration has decided to respond after a judge blocked the president's plan to let millions of illegals stay in the u.s. and this is already making some folks angry. plus, the huge story breaking from nascar on the weekend of the daytona 500. one of the top drivers now banned from the race. we'll tell you why. >> and i want to make it clear that, you know, any inference that there's a culture or tolerance for this type of behavior is pat eptly false.

the white house spokesperson today declined to apologize to nearly a million taxpayers as reporters pressed him about a major obamacare glitch. 800,000 customers now learning they were sent bad information from the feds. and now either have to wait to file their taxes or re-submit forms they've already turned in. the news throwing a wrench in what president obama has described as a successful

enrollment season. the number of people affected now represents about a fifth of filers who used healthcare.gov coverage last year and got tax credits. just hours ago washington watched the swearing in of our new ambassador at large for religious freedom. rabbi did not come without controversy with nearly three dozen senators voting against him getting this job. questions were raised about his criticism of pro-life advocates and his very public complaints about the supreme court ruling in the hobby lobby case which ironically is the case that grants religious freedom to business owners. tony perkins is president of the family research council. tony, are you happy though at least to have someone in this position? it's an important role and it's been unfilled. >> yes. there's been a vacancy sign held on that office for three years. so it's hard to say this is a priority for the administration. we pray for success. i pray he's not used as a

scapegoat by this administration to continue to ignore the persecution of christians abroad. but you cannot separate his truncated view of religious freedom that he holds here on domestic policy which is shared by the president. this view that we have the freedom of worship versus the freedom of religion. that has a direct effect upon the persecution of christians abroad. if we don't make it a priority here to protect religious freedom, the ability to live and breathe according to your faith, we're sending a message to tyrants abroad that you can continue to target people of the cross. >> and just a quick recap for folks. obviously the hobby lobby decision held religious business owners with specific forms of birth control they view as causing abortions, based on religious couldn't be forced to underwrite the costs of those particular forms of birth control. in the wake of that just a couple weeks after the decision i want to play a little bit of when the rabbi had to say about his view of that decision.

>> the real problem is the hobby lobby case. by giving religious exemptions to a broad category of employers, millions of employers in this country and allowing them to make religious claims to discriminate on the basis of religion, this is deeply deeply troubling. there's no end to the claims that can be made. >> okay. tony, so the new ambassador at large for international religious freedom is deeply troubled by the hobby lobby decision granting religious freedom here in the u.s. >> which even the supreme court ruled in favor of 5-4 that business owners have a right to operate their business according to their faith and not be forced to underwrite drugs that can induce an abortion. this is troubling. again, he -- this would suggest that he shares the president's view of the freedom of worship versus the freedom of religion the ability to live your life according to your faith.

and again that's troubling because shows he has a limited view of what religious freedom means abroad. we're at a point in time where religious persecution is reaching epidemic proportion. according to a recent report from a catholic organization is seeing this rise in religious persecution. and it's becoming catastrophic where it comes to christians. christians are being targeted. there's no question about that. and i'm hopeful that the rabbi will not share the same views of the president when it comes to speaking out on behalf of christians. this president -- i know what he said. but his actions show that he is deferential to islam and dismissive of christianity and i hope the ambassador will not do the same. >> some say at a time of rising anti-semitism across the globe that we for the first time appointed a rabbi to this position. do you think it will be helpful in the conversations abroad? i know that he was meeting in iraq just this week. i mean, a big meeting first

assignment for him as ambassador. do you think the fact he is jewish may be helpful? >> shannon, i think that is the one positive aspect of this that we have identified and selected as our ambassador a rabbi. when you see this rise of this anti-jewish sentiment across europe and around the world that we say, hey, no. america, we stand with the jewish faith. i'm hopeful this could even lead to american foreign policy being stronger in terms of support of israel because they are a natural ally for us. >> i know there's another position that there's a lot of concern that it's not filled which is a special envoy for religious freedom there in the middle east. do you think one is forthcoming? >> again this office sat vacant for three years. there's no way you can say this administration has placed a priority on religious freedom and the protection of religious minorities abroad. it's not just christians, it's other religious minorities being

persecuted. as a result of what we're seeing in the middle east and elsewhere, congress moved to get a special envoy created. again, that office has remained vacant as well. the proof is in the pudding. again, this president has done very little to protect religious freedom both here at home and abroad. >> well, we hope the ambassador will be a strong voice for those. as you said, a number of religious minorities across the spectrum who are being persecuted and in some cases subjected to genocide at this point. tony perkins, great to see you. thank you. >> thanks, shannon. good to be with you. well uncle sam is out tonight with a 600-page report on, wait for it, what you should seat and what you shouldn't eat. see why the government is pressing americans to step away from the meat counter. plus hillary clinton taking fire from friends and supporters after saying the clinton foundation was likely going to continue accepting millions of dollars from foreign donors. despite the fact that it looks bad to republicans and democrats, some of them. harry kurtz and steve hayes next

on the fallout on this. plus, with the trial about to wrapup for the man who murdered allegedly the "american sniper," judge alex tells us what he expects when we come back. >> half these guys were civilians six months ago. >> let's coach them up. i was a unit on the street. >> can't do that. we need you on overwatch. >> come on. if i'm on the street mark -- >> it's the deadliest job here, man. you got some sort of savior complex? >> i just want to get the bad d d d d d

a federal nutritional panel has issued a nearly 60 with what americans should be eating and what they shouldn't. along with the suggestions to consume more fruits and veggies

and eat less meat for the good of the environment. i don't know if this is about the -- anyway. they argue meat eaters have larger carbon footprints. critics suggest the advice is based on sound science. final guidelines won't be out until later this year. stay tuned. tonight, one of the top potential contenders for 2016 is facing one of her fiercest controversies so far. hillary clinton is defending a decision to keep taking big money donations for the clinton foundation from foreign donors. even as the "new york times" editorial board says she should stop. howard kurtz is the host of media buzz, and steve hayes writer for the weekly standard. gentlemen, good to see you both. howard, "new york times" clearly a right wing nut job hit piece. >> the "new york times" editorial pages in defending a democrat you've really lost your base, i would say. look, i got to credit "the wall

street journal" or "the washington post" for digging out this mess. it's based on the fiction that hillary clinton is not technically met physically a candidates. this is a mess because comes after her -- when leaving the white house comment. she's giving these speeches to corporate and other groups for $200,000 or more. some of those speeches continuing this year. and now we have the unsavory spectacle of a foreign government trying to curry favor through the back door by contributing to the bill, hillary and chelsea clinton foundation. >> all right, steve. some would say those have been some unforced errors. certainly hillary clinton is -- she was former secretary of state, first lady for two terms. are you surprised or are you among those that there are more chin ks in her armor or there were going to be issues for her? >> i was not surprised. i don't think hillary clinton is a very good candidate. you can look back to the 2007-2008 race against barack obama. barack obama was an exceptional

candidate, ran a good race. that's one of the reasons he won. but also hillary clinton was a bad candidate. she didn't connect in awachlt the only time she connected was the time she made news by connecting was the time when she wept during the middle of her campaign. i just think she's not a very good candidate. when she faltered during her book tour people described her rusty and out of it because she'd been secretary of state. but i think she's not a very good candidate. i wouldn't be surprised ultimately if we see a democrat come out ask challenge her. i think she's vulnerable in a democratic primary and certainly vulnerable if she makes it to an election. >> there are definitely some democrats making their own trips to new hampshire and iowa and other places just in case. howard, in the meantime there are democrats that have come out and have criticized her and said we don't want to be connected with this idea. we don't want people to think we're cool with it. >> it's very hard to defend even for clinton allies. we talk about one media bias against financial shenanigans in

campaigns. i know some people are saying, well, the media love hillary and they're not going to go hard on her on this. but some in the media are to the left as too corporate, too centerist, too close to wall street. that's one of the reasons that the idea of foreign governments which can't legally give to any u.s. political campaign can give money to the clinton foundation which does a lot of good things around the world. but there's such an overlap here between her political interests and the foundation interests, i wonder if she'll remain associated with the foundation once she officially gets into this race. >> all right. steve, we get back to that 3:00 a.m. phone call. that line of conversation, that theme because the rnc national republican committee putting out this message saying essentially do you want this person getting this 3:00 a.m. phone call when she's been "taking truckloads of money from foreign countries." do you think ultimately the foundation is going to realize this is going to be a problem for her and back away? >> i think she will probably make that realization and say i don't want to be a part of this

i don't want to be a part of these news stories. it's not worth the benefits to the foundation and maybe the benefits to my political contributors to weather this storm and to keep it up. i think thap eventually cave. but i think the real problem for her is going to be less the questions about sort of the foreign money coming in and much more among the democratic base and people saying this reminds us a lot of the claims in the 1990s that the clintons were sort of elites and the favorites of wall street and out of touch with sort of common democratic voters common republican voters. >> well -- >> one of the problems, steve, is that hillary's not come campaigning at all. no story to compete with it that's why the clinton foundation fundraiser is a very fat target for this industry of covering the former secretary of state squl sgl when they don't have other material to work with. we'll see how long that is or before we have a resolution one way or the other. howard and steve great to see you both. >> have a great weekend mplgt we

have some pretty big news breaking tonight on how the administration has decided to respond after a judge blocked the president's plan to let millions of illegals stay in the u.s. ed henry has that next. and a major shocker in the racing world just days before the daytona 500. one of nascar's biggest stars is banned from the race. we're going live to the pits just ahead. plus chilling new details about the suspect accused of killing this mother of four in a fit of road rage. >> we know this boy. i couldn't tell you this before. he knew where i lived. woman: for soft beautiful feet i have a professional secret: amopé and its premium foot care line. the new amopé pedi perfect foot file gives you soft beautiful feet effortlessly. its microlumina rotating head buffs away hard skin even on those hard-to-reach spots. it's amazing. you can see it and feel it.

my new must-have for soft, beautiful feet. amopé pedi perfect. find it in the foot care aisle or at the registers in these stores.

breaking tonight, the white house has just announced the justice department will file papers no later than monday to

push past a federal court ruling that blocked the president's plan to let millions of illegals stay in the u.s. and then things could get really interesting with the administration saying today it may start immediately granting work permits. chief white house correspondent ed henry just filed this report. >> shannon, bottom line president's aides revealed they'll seek an emergency push forward on the president's immigration reform despite a texas judge's ruling. this came on a day when the president tried to fire up the faithful at the democratic national committee here in washington. in addition to working on an appeal we already knew about the u.s. district judge's ruling. in a new move the administration will file a stay of this injunction by monday. then the president would have the option of going forward with work permits for millions of illegal immigrants while this case is worked out. a shift from what the president said just on tuesday when he indicated he would not go forward with those work permits

until this case was fully resolved. >> once we have taken some additional steps through this legal process, we may be in a position to give you an update about the status of implementing the program. >> the law's the law in this country and we take things a step at a time. so we're not going to be actually taking applications until this case is settled. but we are doing the preparatory work because this is a big piece of business. >> you heard the president say the law is the law except now they may move forward with these work permits if they can get this stay though i've talked to senior officials who say look even if they win this early round in court they may hold back on the work permits. they don't want to give immigrants false hope until they really know if this case will be resolved. shannon. >> all right. our thanks to ed henry. joining me now congressman michael burgess. the state leading this against the -- congressman, thanks for being here tonight. >> good to be with you.

>> it's going to move forward to request a stay which essentially would put that judge's decision on hold. it could go a number of different ways. but the hint that maybe even if they don't get the stay we know they're going to appeal the underlying decision that they may move forward with some of these executive actions. that's not confirmed, but the suggestion is out there. what power do you have left if that happens? >> well, first off, i don't see how we can do that. of course i don't want to say that i don't trust the president. he did say 22 times he didn't have the authority to do what he did in november. and then earl krer this week he said there was nothing he could do about the fact that the temporary injunction was issued. i get the fact that they're coming under intense pressure from, from the politics of this situation from activists on their side who say do something about this do something to answer the texas judge. but realistically i think the judge in texas had it right.

this needs to follow the normal administrative procedure. but the president, the administration were not doing. look at the chaos. look at the chaos the administration has now engendered by throwing these statements out there i would argue quite careliless. i do think they need to be careful how they proceed. i understand they want to appeal a temporary injunction. it's they're right to do so. it's an uphill battle. i think the courts will preserve status quo until things can be worked out better. >> i want to play a bit of what attorney general eric holder had to say about this ruling and about the process now. >> i think that we have to look at this decision for what it is. it is the decision by one federal district court judge. i expect -- have always expected this is a matter that ultimately will be decided by a higher court if not the supreme court. >> to that point over the last couple of terms we've seen the supreme court including some unanimous decision, those are

including not only those leaning to the left but the president's own appointees have told the administration they've gone too far a few times with executive power. so do you see this reaching the supreme court? do you think that may be the only avenue for stopping the president's executive action on this particular issue? >> well, i actually agree with the attorney general that this will be appealed to probably the fifth circuit court of appeals. if they don't get the answer they want, i'm sure they're prepared to appeal it to the supreme court. that's as it should be. what it shouldn't be, they shouldn't just disregard the lawful order of a federal judge who said you didn't follow the rules. you didn't follow the rules of the administrative procedures act and therefore you cannot do this. bigger question too is the senate does need to vote and pass the appropriations bill that the house has already passed to fund the department of homeland security which would settle this question by taking these issues off the table. >> they've done several passes at it. where do you think we end up?

do you think -- [ overlapping speakers ] >> yeah, i think so. harry reid exercised it to get activists on the national labor relations board last term. he exercised it to get obama's oi poin tees on the d.c. circuit court. >> we will see. congressman burgess, thanks for stopping in with us. >> thank you. up next, the trial's wrapping up in the murder of chris kyle the american sniper and his friend chad littlefield. when we come back today's courtroom bombshell and what to watch out for when the jury goes out. and yet another twist in that road rage case getting national attention. wait now until you hear what police are revealing about the young man accused of shooting this mother to death. >> we knew how bad he was, but we didn't know he was this bad, that he'd gotten to this point.

developing tonight new details in the road rage incident that left a mother of four dead. a nv police report saying the suspect actually bragged to his friends about the shooting and claimed he fired 22 shots outside the victim's home. 19-year-old erich nowsch was taken into custody yesterday. it turns out he and the victim tammy meyers knew each other. her family says she had taken a motherly interest in him and even gave him food and money. police are still searching for a possible accomplice in the case

as well. i was just protecting my guys. they were trying to kill our soldiers. and i'm willing to meet my creator and answer every shot that i took. the thing that haunts me are all the guys i couldn't save. >> that was a scene from the movie "american sniper" about the deadliest military sniper in american history. tonight, new details are coming out of kyle's murder trial. the prosecution questioning witnesses about the killer's mental state. a doctor stating that eddie ray routh faked his schizophrenia and that he knew what he was doing was wrong. that counters the psychiatrist witness for the defense who testified it was clear routh was psychotic. no question about that. joining us now host of the "judge alex" show and also law enforcement officer, you've done it all in your background. >> yes. >> thank you so much for joining us. what's your take on what we've seen going to trial?

it's close to the jury now. >> yes insanity cases you end up with battle of experts. defense doctors say of course he was psychotic, look at crazy statements and behavior and then the prosecution brings in their experts. it's kind of a case where as you listen to each side and you go oh, that sounds reasonable, that sounds reasonable and you ping-pong back and forth. in an insanity case it's really not good because jurors don't like insanity defenses. the tie doesn't go to the runner in these cases for the defendant. the doctors not only said he wasn't insane as you pointed out, one of the doctors said he thought he was faking the schizophrenia using information he'd gotten from tv shows and things like that which they say they commonly look out for when they're evaluating people in insanity claim. what he says is that in his opinion he suffers, routh suffers, from paranoid personality disorder which makes him distrustful. he feels they're out to get him and he gets agitated easily.

he says that's compounded by his use of weed and alcohol. we heard him admit that he smoked weed and drank alcohol that day. and his girlfriend even testified they got in fights all the time because he continually excessively drank alcohol and smoked weed. that's bad news for him because the jury ends up thinking that's what caused this. you know, it's voluntary intoxication and that's not a defense to capital murder. >> certainly not in defense for insanity. >> certainly not. >> what comes down to it is it which expert seems nor believable or all those other compounding bits of testimony and evidence that come in that really tip the scale? >> it's all of that. because the experts' opinions have to be based on facts and evidence. so the experts of course they can talk about their own evaluation. but then you still have things that he did. the defense will point out look at the crazy statements he makes. the prosecution will say that's because this guy's always drunk and high. in fact, he even said that he smoked, i think at one point wet

marijuana if he's referring to wet marijuana, that's marijuana dipped in fer mall da hide and pcp and can certainly make yo hallucinate. but the prosecution will point out this guy knew right from wrong, he fled the scene, he waited for their guns to be empty before he shot them. he admitted he felt regret and remorse immediately thereafter. the statements the defense doctors talked about where he said i thought they were half pig and half human were going to kill me noticeably he didn't say that in his confession right after the shooting. he didn't mention that to his sister when he told her about the shooting. it seems like something fabricated down the road. also one of the doctors pointed out he said to him he thought of killing kyle and littlefield while they were driving the car on the way to the range but decided against it because he thought he might be injured in the car crash. the doctor pointed out that's not the way insane people typically think. he thought this through. and it also is contrary to his assertion that when he got to the range littlefield was behind him, he started getting paranoid

he was going to get shot. looks like he had the plan to shoot him all along. serious perjt disorder, mental illness almost certainly. but serial killers are mentally ill and we have no problem convicting -- prosecuting and convicting them. it's not legal insanity. >> let me ask you, something that's not evidentiary, something that's not part of the legal framework but i wonder how much you think it influences jurors is to see his widow there and to see her emotional and her to have to kind of re-live this whole thing. what kind of impact does she have on the jury? does it impact them? >> it certainly does. in fact, that's why some states have passed laws allowing family members of victims to come into the courtroom to testify to sit-in on the trial because defendants families are typically there. and the jury gets to sympathize with them and see the parents of the defendant, but the victims family very often are kept out because they're going to be witnesses. now texas doesn't allow it, so they put them on first. and then once they put them on

family members were able to sit there. but some states like florida have a statute specifically says family members can be present in the courtroom. that kind of balances ilt out because the jury it does humanize it. the jury gets to see the family left behind destroyed on both sides. >> very quickly at the end of the day, any prediction sns. >> well, if i'm a betting man, and i am i typically -- >> legal betting. legal. >> i would say the prosecution wins. but this is one of those cases where, you know you have to realize all they need is one juror to say, yeah, i think he was crazy to hang the jury. and for a defense attorney that's a win. they look at one battle at a time. >> yeah. absolutely. all right, judge, thank you so much. >> thank you. always a pleasure. all right. just days before one of the biggest races of the year nascar has made a stunning announcement involving a champion driver.

check this out. one of america's most popular attractions getting a serious makeover thanks to mother nature. as niagra falls starts to look more like the movie "frozen" thanks to this wonderful winter we're having. the niagra still flowing over the famous falls, but just like everything else in the upper and lower portions and anyone hearty enough to snap a picture looking more like the north pole than our northern border. cool pics. breaking tonight, a stunning development in the auto racing world just days before the daytona 500. nascar has suspended driver kurt busch indefinitely. the decision comes after a judge said busch likely beat up his ex-girlfriend. our orlando fox affiliate wofl reports from the daytona national speedway in florida where it's going to be a big weekend. hi, daryl. >> good evening shannon. in a statement that lasted just about a minute and a half

executive vice president of nascar, steve o'donnell, said they're finding, their decision today to indefinitely suspend kurt busch was based on a civil court judge's finding released today, friday. in that finding sprint cup driver kurt busch likely abused his former girlfriend last fall by allegedly choking her and smashing her head into a wall. >> nascar's made it very clear to our entire membership and the broader industry that any actions of abuse will not be tolerated in the industry. and want to make it clear that, you know any inference that there's a culture or a tolerance for this type of behavior is patently false. >> now, kurt busch has previously denied the allegation. and though there is an open criminal investigation he has not been charged at this time. after the suspension announcement, his team owner issued this statement saying we understand nascar's position

regarding kurt busch and we accept their decision. busch's former girlfriend also releasing a statement tonight patricia driscoll saying for victims of domestic violence there are no victories. my only hope is that the pain and trauma i suffered through this process will help other victims find their voice. shannon stewart hass scrambling to find another driver. they have little more than a day. the daytona 500 is sunday at 1:00. >> daryl, that's not your average race. i know it's loud there so you may not be able to hear me but putting a driver into that slot, it's an opportunity of a lifetime but a lot of pressure too. >> it is. and you think back to the situation regarding tony stewart last year when he had to miss a race because of issues he was facing. they turned to reagan smith he performed well. his name is being thrown around, but we don't know for sure if he's going to be the guy. but you're right it is a high pressure situation on a super

speedway here at daytona international. >> it is an exciting weekend. i'll be watching. the bream house will be watching. we'll be right back. first, coming up on "hannity" at the top of the hour. >> target not being marked for political reasons. isis knows when the planes are coming. they have their own spies throughout iraq. so when the planes leave turkey or northern iraq, they call their friends to let them know five minutes before the planes arrive. they all go in their houses and hide. and the thermal imaging devices can't capture of them and they doept get bombed. if you're suffering from constipation or irregularity powders may take days to work. for gentle overnight relief, try dulcolax laxative tablets. ducolax provides

gentle overnight relief, unlike miralax that can take up to 3 days. dulcolax, for relief you can count on.

this weekend tune into fox for a special fox news reporting on the 2016 election called the democrats coronation or confrontation. bret baier looks at hillary clinton's -- that airs tomorrow night at 10:00 eastern. go to facebook.com/thekellyfile. you can watch the interview we had tonight with dr. ben carson just after he's been labeled an extremist. we want to hear from you. share that interview. leave us a comment. let us know what you think about that and the rest of the show. thanks so much for watching. i'm shannon bream in for megyn

kelly. this is "the kelly file".." welcome to "hannity." earlier this week during a private dinner former new york city mayor rudy giuliani had tough words for president obama. he's quoted as saying, i do not believe, and i know this is a horrible thing to say but i do not believe that the president loves america. here now with the report on how the administration is actually reacting to these critical comments senior white house correspondent ed henry in washington. >> sean, good to see you. yesterday the white house took a tact where they basically said when this first broke that rudy giuliani already tried this message out in the 2008 campaign and didn't go very far with it. today they went a step farther by saying josh earnest did the podium behind me that he