watching us tonight. i'm bill o'reilly. please remember the spin stops here. we are definitely looking out for you. breaking tonight, new signs of the sick ideology of isis infiltrating the united states with word tonight that there are three arrests in new york city and an ominous warning for the director of the fbi. welcome everybody to "the kelly file." i'm martha mccallum in for megyn kelly. so as we continue to witness these atrocities, these kidnappings, these beheadings at the hands of isis, the threat now hits closer to home today. because three men originally in this country legally now face charges. two nabbed here in new york. they were living in brooklyn. the other in florida. two waged to plan jihad overseas. and if they couldn't get there, they threatened to kill

americans. one of their target, the president of the united states. it comes on the same day the fbi director revealed his agents are investigating suspicious people in pretty much every corner of america. >> we have investigations of people in various stages of radicalizing in all 50 states. this isn't a new york phenomenon or washington phenomenon. this is all 50 states and in ways that are very hard to see. >> very incredible. trace gallagher joins us with a full report from our west coast newsroom. hi, trace. >> hi, martha. the fbi says plan a was for the men to join isis, hijack a plane to syria. plan b to launch terror attacks in u.s. bomb coney island and possibly kill fbi agents. the criminal complaint says the youngest suspect, 19-year-old from kazakhstan said "we will go purchase one handgun, then go and shoot one police officer, boom. then take his gun, bullets and

bullet proof vests and then go to the fbi headquarters kill the fbi people. the two other suspects from uzbekistan had other plans. on a website "is it possible to commit ourselves as dedicated martyrs anyway while here? what i'm saying is to shoot obama and get shot ourselves, will it do?" gunning for obama to avenge the u.s. air strikes against isis. the fbi had the suspects under surveillance for months but new york police commissioner william bratton says this was real. listen. >> this is the concern about the lone wolf inspired to act to the mideast acquiring fighting skills capabilities and attempting to return to the country. >> all three men arraigned on terrorism charges. but fbi director james comey compared terrorism in the u.s. to cancer saying the arab spring, chaos in libya and the

syrian war allowed the tumor to grow into isis. which is using the internet as a spider web to attract would-be jihadists in the u.s. >> that is a message that goes out to troubled souls everywhere resonates with troubled souls, people seeking meaning in some horribly misguided way. those people exist in every state. i have home grown violent extremist investigations in every single state. >> and by the way alaska is the final state to have a home grown terror investigation martha. >> that's incredible. thank you, trace. also tonight a warning that a number of christians taken from their homes and families in syria that number may be far higher than we first thought. we first told you that the numbers that were being reported were maybe around 100 people. we're now hearing today that it could be as many as 200 to 400 individuals. the president's national security council is now weighed in late today. they condemned these attacks

some 48 hours after everybody first started talking about them and reporting them. and remember that this comes just a week after 21 christians were beheaded on the beach in libya. yet today secretary of state john kerry said this. >> the truth is that notwithstanding the threat of isil, notwithstanding people being beheaded publicly and burned publicly and the atrocities that they are perpetrating, and it is a serious, serious challenge to us, notwithstanding that there is actually less threat and less probability of people dying in some sort of violent conflict today than at any time in human history. >> really? marc thiessen joins us former speech writer for president george w. bush and fox news contributor. how can john kerry say that,

marc? >> what on earth is he talking about? i mean that is just absurd. put aside all the things that you showed on your air, 200,000 people have died in syria while this administration sat on the sidelines and did nothing. i mean, he says it's less likely than ever that somebody's going to get killed in a conflict? tell that to the families beheaded by isis tell that to the family of kayla mueller tell that to the families in paris who lost people in the kosher deli and "charlie hebdo." tell that to the 21 egyptian christians beheaded or family of the jordanian pilot burned in that cage. what is the secretary of state of the united states of america talking about? >> at the very least it's very insensitive for the very reasons you just pointed out, marc. enormous amount of tragedy and heart ache. can you imagine king abdullah saying that given what his country had to witness? can you imagine general el sisi

saying that given what his people are going through? but it's not the first time we've heard that kind of language. we've heard the president downplay this time and time again in terms of where the real threat lies from this group. we heard josh earnest back in july say that you know the administration has improved the tranquility of the global situation. so obviously this line of thinking that, you know, really when you put it all in perspective it's not that bad is part of their mantra. >> i mean they don't take the threat seriously. that's the only thing you can conclude from it. it's not one flub. it's a constant mantra we're getting from this administration. and the reality is that the threat we face today is worse and more dangerous tha threat we faced before 9/11. i mean if you think about it, martha, before 9/11 we faced a threat from one terror network, al qaeda, that was located in one country. today you've got isis, core al qaeda, isis al qaeda's affiliates and all competing for leadership of the jihadi

movement. and they're not in one country. they're in syria. they're in iraq. they're in yemen. they're in somalia. they're in libya. they're all over the world. and they have said clearly the leader of isis has said we are coming after you. the day is m coing my message to the americans is we will be in direct conflict when the sons of islam have prepared for this day. what part of this do they not get? >> there's an end of days story they're watching play out and marking time with in all of this. i mean did you ever think marc, when you were growing up that you would live in a world where you would see things on television like a man being burned in a cage or people being beheaded up and down the beach? i think people are so unnerved and justifiably so by the images that we are all, you know forced to absorb. and that's all we have to do so far is absorb them. it's mind blowing. what we're watching playing out in the world. and hear john kerry say that is juz bizarre. >> it is bizarre.

but it's not just bizarre, it's dangerous. it shows a lack of appreciation of the threat we face. the american people are way ahead of this administration in terms of their perception of the threat. and they have to take this threat seriously. when the enemy says we are going to be in conflict, you have to take the words of the enemy seriously. we didn't take the words of osama bin laden seriously in the 1990s. and 9/11 was the price we paid. we cannot afford to make that same mistake again. >> very true. marc, thank you very much. >> thanks martha. so my next guest will be testifying before congress tomorrow on the efrlts to defeat isis. general jack keane is the chairman of the institute for the study of war and fox news military analyst. general, good to have you here this evening ahead of your testimony. >> good to be here, martha. >> one of the things you're going to talk about is this authorization of military force congress is working onto sort of sign-off on the president's plan. what do you think of that plan so far? what can you tell us? >> well i can't go into all the details of the testimony, but i can tell you some things i've already shared with the congress when it concerns the

authorization for use of military force. what the president has done in that proposal he's put two significant constraints in it, which are very unusual. we have two other authorizations that are standing right now today. one from 2001 one from 2002. and they don't have anything like this in them. and the first one is the constraint is this authorization's only good for three years. now, why is that a problem? well here we go again we're telling our enemies that we're only in this thing for three years. it's a lack of resolve and commitment. and that contributes to undermining our allies in the region as well. the second thing is martha, is the president and it's part of a pattern that he's been saying now for almost a year actually is constraining the use of a ground force of any particular length of time other than a few days. what does that meeb? here's what it means. the facts are to defeat isis

it's widely recognized that the only way you can defeat isis is with a decisive ground force victory in iraq and also in syria. the constrain the use of a ground force and not to be permitted to be used in any shape, form or manner means that by definition we're not going to defeat isis. so it doesn't make much sense. >> i spoke to a former s.e.a.l. who was in the anbar province during the war in baghdad and said we know how to do this. we know how to defeat this kind of enemy. we've done it before and we can do it again. but we need to be unleashed. and as you point out this proposal to congress ties our hands more than anything else really. >> yeah, absolutely so. and they'll be some disagreement in the congress certainly. they'll be many that will agree with what i just said. but there will be others that actually want more constraints on the use of military force. and normally these authorization documents give the president

latitude because he has to decide how he's going to use the force. and he has every right to change how he intends to use that force. and it's better to let him have that latitude than restrict it. >> and base it on the advice of military on the ground and in the field. general keane we'll be watching tomorrow. thank you very much for being with us tonight. good to see you. >> good talking to you, martha. also today not one but two top administration officials launching ugly public attacks on a key american ally in the middle east. dana perino is next with what is really going on here with the language back and forth between our leadership and israel. plus, an exclusive interview tonight with senator rand paul on his 2016 plans. and wait until you hear what he is saying about one of his strongest republican rivals coming up.

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. cfp -- work with the highest standard. toenail fungus? don't hide it... tackle it with fda-approved jublia! jublia is a prescription medicine proven to treat toenail fungus. use jublia as instructed by your doctor. once applied jublia gets to the site of infection by going under, around

and through the nail. most common side effects include ingrown toenail, application-site redness itching, swelling, burning or stinging, blisters, and pain. tackle it! ask your doctor now if jublia is right for you.

we are back. and developing tonight new dwes over the administration's nuke talks with iran and the future of our relationship with israel. earlier today we saw video from the middle east where iran is staging massive military exercises and pointedly blew up a replica of a u.s. aircraft carrier for target practice.

when the president's national security adviser susan rice had a turn in front of the cameras her biggest concern seemed to be next week's congressional visit by the prime minister of israel. >> what's happened over the last several weeks by virtue of the invitation issued by the speaker and the acceptance of it by prime minister netanyahu two weeks in advance of his election is at odds on both sides. there has now been injected a degree of partisanship. which is not only unfortunate, i think it's destructive of the fabric of the relationship. >> chief white house correspondent ed henry live at the white house on this. ed. >> good evening, martha. what's fascinating is the administration used to at least feign things were going relatively well with the israeli prime minister even in some of the chilly meetings the president's had with the prime minister in recent years or the early stages of this current dispute speaker john boehner going around the white house

inviting the prime minister to speak to congress. they would at least say, look, we have some speed bumps here. but the relationship with israel is strong. now the gloves are coming off the diplomatic game of everything is fine is done. remember the vice president said he's not going to attend the prime minister's speech to congress next week. they're not sure if anybody from the white house is even going to go to apac the big israeli public affairs meeting netanyahu will also address. after that bar sh from susan rice last night, it was interesting to hear secretary of state john kerry went out of his way to attack netanyahu on the issue of iraq from years ago while the prime minister himself again said he's not backing down. listen. >> the prime minister as you recall was profoundly forward leaning and outspoken about the importance of invading iraq

under george w. bush and we all know what happened with that decision. >> translator: i respect the president of the united states, but in such a fateful matter that can determine if we exist or not it is my duty to do everything to prevent this great danger to the state of israel. >> interesting because remember back in the runup to the war netanyahu was in between, john kerry was in the senate voted for the war but then ran against it in the 2004 presidential -- >> boy that is a great point ed. thank you very much. >> good to see you. >> you too. joining us now dana perino co-host of "the five" and former press secretary for president george w. bush. >> where are the adults? >> great question. this could have been solved in two seconds. i mean when that invitation was put forward by john boehner, if they didn't like it wouldn't the gracious thing to do would be to say oh, well obviously mr. boehner has invited mr.

netanyahu and we'll be seeing him too when he's here. end of story. >> it could have been. but the president seems to want the fight more than he wants the solution. leaders should try to bring people together. and i understand their nose was put out of joint because of a protocol blunder. and you can put some of that blame on boehner and netanyahu but the reaction by the white house to allow this situation to escalate to the point where we have administration officials actively campaigning against a sitting prime minister because he wants to do the right thing for his country. i think that what happened today as we showed the video of iran blowing up the fake u.s. aircraft carrier i think if the democrats want to do the right thing here they should just use that as their excuse to say, you know, i wasn't going to go to the speech but now i'm sufficiently concerned enough that i should go and listen. even if i don't want to politely clap. but to allow this situation to get so out of control the

president seems to think that he will be diminished if he is gracious. actually, i think it would only enhance his position and strengthen it. >> i mean, we've seen this in several occasions. you know, when the pushback comes, the administration digs in its heels and there's a question of immaturity in terms of how some of these things are dealt with but then you've got all the kids in the playground jumping out with their own comments susan rice john kerry comes out in terms of the iran deal anyone who tries to suggest that they know what they're talking about about what's in this deal is absolutely wrong. they have no idea what's in the deal. like we've circled our wagons we haven't shared any of this with prime minister netanyahu, we're only talking to the iranians about this. it's very, very strange at the very least. >> well, make no mistake the comments that are attacks from kerry and rice against netanyahu those are direct orders from the

top. okay. i have tried to say it's a staff thing. this is not a staff thing. i learned in the bush administration that the best thing to do in a diplomatic dispute is to praise in public, criticize in private. try to keep your fights and your arguments so we're all focused on the same goal. because the issue is iran is tyrannical and anti-semitic. it supports and funds terrorist activities. we should focus on the substance. this isn't about the oversized egos of men. it's about the future of mankind. so the right thing to do would be to man-up, go to the speech, accept there was a political and protocol blunder and move on. for the goodness of all of us. >> it's too late for that though, dana. i don't think they can put the thing back in the box. >> i think they could. that's why i was suggesting if there was a way on the fence on whether or not you would go if

you were invited to the speech i think you should do the right thing and say iran has me sufficiently concerned that i'm going to get over my anger about the protocol breach and listen to the speech because it is the right thing to do. >> and send vice president biden to the public -- >> should. >> if the president feels it's not correct to be seen with someone who has an election in two weeks say we'll meet behind closed doors. >> no complaint about that is ridiculous. >> that came up late in the game. that was not their initial response, correct? >> netanyahu didn't set the deadline of the iran talks to be right by his election. we did that. so when rice and kerry are actively campaigning against netanyahu in america, they're the ones making this more political than he is. >> dana thank you very much. really odd situation. we're going to see how it plays out. good to see you. see you on "the five". coming up tonight also, just 48 hours before a high-stakes political speech we have an exclusive with senator rand paul on his 2016 plans and the one rival today that he really

called out. we'll show you that. plus, the deaths of three vets at a v.a. hospital has one democratic senator facing some very tough questions and an investigation. we're going to bring you the details. we'll speak with one of the people who is calling for that investigation. and next up, there was no dress rehearsal, the queen of pop took a major spill at a major awards show. we'll show you what happened. do you want to know how hard it can be to breathe with copd? it can feel like this. copd includes chronic bronchitis and emphysema. spiriva is a once-daily inhaled copd maintenance treatment that helps open my airways for a full 24 hours. spiriva helps me breathe easier. spiriva respimat does not replace rescue inhalers for sudden symptoms. tell your doctor if you have kidney problems, glaucoma,

trouble urinating, or an enlarged prostate. these may worsen with spiriva respimat. discuss all medicines you take even eye drops. if your breathing suddenly worsens, your throat or tongue swells you get hives, vision changes or eye pain or problems passing urine stop taking spiriva respimat and call your doctor right away. side effects include sore throat cough, dry mouth and sinus infection. nothing can reverse copd. spiriva helps me breathe better. to learn about spiriva respimat slow-moving mist ask your doctor or visit spirivarespimat.com [announcer] if your dog can dream it purina pro plan can help him achieve it. ♪ driving rock/metal♪ music stops ♪music resumes♪ music stops ♪music resumes♪ [announcer] purina pro plan's bioavailable formulas deliver optimal nutrient absorption. [whistle] purina pro plan.

nutrition that performs. ameriprise asked people a simple question: can you keep your lifestyle in retirement? i don't want to think about the alternative. i don't even know how to answer that. i mean, no one knows how long their money is going to last. i try not to worry, but you worry. what happens when your paychecks stop? because everyone has retirement questions. ameriprise created the exclusive confident retirement approach. to get the real answers you need. start building your confident retirement today. you know, just because your bladder is changing, it doesn't mean you have to. with tena, let yourself go. be the one with the crazy laugh. and keep being their favorite playmate. with tena's unique super absorbent micro beads

that lock in moisture and odor... tena lets you be you. there's a surprising challenge that's developing for the president's former chief of staff as chicago mayor rahm emanuel finds himself headed for a runoff. despite his white house credentials and an endorsement from his former boss and the fact he's been spending way more cash than his opponents on this race with nearly 90% of the precincts in emanuel is hovering at about 45% of this vote. his closest challenger cook county commissioner jesus garcia trailing by roughly ten points. this is reportedly the first time since the 1990s that the chicago mayoral race has gone in to a runoff. so we'll keep tabs on that and let you know what develops. how about this story developing tonight. it is every performer's worst

nightmare, but even the queen of pop couldn't avoid this tough tumble. making things worse, it happened at the brit awards which is one of the biggest music awards shows in the uk. watch. down she goes. trace gallagher's live in the west coast newsroom with all of the details. is she okay? >> yeah. she didn't get hurt because luckily, martha, she landed on a pretty smooth platform. but it didn't look comfortable. i'm going to play you the whole thing. but watch because she's wearing this armani cape. and at the very top of the step she can't seem to get the tie undone. play it. well, the tape is frozen. we're going to work on it. as she was fiddling with her tie and she fell, the backup dancers you see they're all wearing these masks, down goes madonna. the backup dancers, you couldn't see their face and probably a

good thing because you know their expressions were like, oh, my gosh, we just yanked the queen of pop off the stage in front of the whole world. let's play it now. we got this cued so let's play the whole thing. ♪ yeah. and by the way you can see there madonna did not look happy but she really was a trooper. she got back on stage and finished her performance of "living for love." afterwards she posted on instagram, quoting here, armani hooked me up my beautiful cape was tied too tight. thanks for your wishes. martha, she's 56 years old, still in great shape. and maybe that's why she didn't get hurt. but you got to think maybe a few dancers somewhere in the uk are looking for work tonight. >> you can see she was pulling on it.

and they probably thought, oh, she did it -- undid it. and then they pull it back and i hate it when that happens. all of the rehearsal and you still can't. thankfully madonna is okay. thank you, trace. >> you bet. all right. also tonight, just 48 hours before high stakes political speech we have an exclusive with senator rand paul on 2016 his plans and the one rival that he is calling out. plus the former reality show contestant now a victim in a triple homicide. the real question that needs to be asked is "what is it that we can do that is impactful?" what the cloud enables is computing to empower cancer researchers. it used to take two weeks to sequence and analyze a genome; with the microsoft cloud we can analyze 100 per day. whatever i can do to help compute a cure for cancer, that's what i'd like to do.

you pay your auto insurance premium every month on the dot. you're like the poster child for paying on time. and then one day you tap the bumper of a station wagon. no big deal... until your insurance company jacks up your rates. you freak out. what good is having insurance if you get punished for using it? hey insurance companies, news flash. nobody's perfect. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. see car insurance in a whole new light. liberty mutual insurance.

here on "the kelly file" we have an exclusive tonight with senator rand paul. his upcoming speech at the conservative political action conference this week, which is better known as cpac, he's won

the event straw poll, what many call a barometer for the republican party for the last two years in a row. winning a third time this year would put him in a category that is shared by the likes of ronald reagan and mitt romney. earlier i spoke with the potential 2016 republican candidate. here's that. senator, good to see you tonight. thanks for being here. >> hey martha thanks for having me. >> what can we expect? what can we hear from you at this conference? what are you going to be telling everybody? >> well, you know thrks is a group that's dominated by young people. and i'll say what i always say, the government ought to leave us alone. let us be free to live our lives. the government ought to be minimal. and your liberty ought to be maximized. >> well, you know that's going to get a good response, because it has for you in the past. it's a message that resonates with young people. and no doubt you're going to have a lot of competition from jeb bush and from others who are out there that are ranking higher than you in most of the polls we've seen. why do you think jeb bush is getting so much attention? >> well, being related when your

brother had been president and your father president, that tends to draw some attention. but i think it will be you know, kind of a difficult crowd out here because it's going to be the conservative political action committee. so we think there will be a lot of friendly faces for us. and there's definitely a place for moderates, but it may not be quite the same level of enthusiasm for moderates at this conference. >> when you look at this, i think it's likely -- in fact, it would be kind of a disappointment and surprise if you didn't win this straw poll right? >> well you never know until after the poll's done. but we have spent a lot of time going to universities talking to young people talking about how really the government ought to stay out of their lives, that their phone records are none of the government's business. so we'll see. we think the message resonates but i think it would be crazy to predict anything in advance. >> so scott walker's getting a lot of attention. he's had a good couple of weeks. made a lot of headlines. seen as someone rising in the ranks as the presidential 2016

candidates, what do you think about that? >> i like what he did in wisconsin with fighting to take away excessive power from the unions and give the power back to the workers. and i think there are many things he's done well. we'll decide over time i guess who can best portray and present the message. but i don't you know, know scott walker enough to say anything more than i think some of the things he did in wisconsin are good. >> i know you have to have the base of the republican party and you also have to expand it to other groups. you've spent a lot of time trying to do that with young people. how do you think jeb bush will do in that part of this race in terms of expanding the base? >> i think if you talk to young people they're not very tolerant of hypocrisy. and the fact that jeb admits that when he was in an elite prep school where very wealthy kids he went to school, he smoked pot but still willing to put somebody in jail for medical marijuana, a 70-year-old guy

using medical marijuana for multiple sclerosis. a lot of poor people go to jail for drug offenses, when jeb was a very wealthy kid at elite school, he used marijuana didn't get caught, didn't have to go to prison. i think it shows hypocrisy that's difficult for young people to understand why we'd put a 65-year-old guy in jail for medical marijuana. >> do you think it's fair to make an issue of the wealth thing? shouldn't we be happy for people, for families when they succeed in this country? >> yeah, it's not wealth. i'm all for wealth. and i have no problem with people being successful. i did nothing but compliment governor romney for being wealthy. what i'm talking about is not the hypocrisy of wealth. it's the hypocrisy of evading the law. because the law seems to target and seems to go after poor people, often people of color. three out of four people in jail are black or brown. so the war on drugs is had a disproportionate affect on the poor. but if you're wealthy and able

to escape the long arm of the law, then throw the long sentences, 15 years, 20 years 50 years in prison for marijuana at people. so i think that's where the hypocrisy comes in. >> quick question before i let you go. looks as many as 200 syrians were kidnapped by isis. we're still waiting for an aumf from congress on this war. what do you think should happen next to battle this? many say the president's sitting idly by while these people are being in many cases massacred and in this case kidnapped. >> in december i introduced a declaration of war against isis. if my declaration of war were to pass, it would be the first time we declared war since world war ii. we do have to do something militarily. the way the president's doing it now is illegal and unconstitutional and doesn't bring the country together. it doesn't show leadership. and it's the wrong way to go. >> do we need boots on the ground to fight isis ultimately as so many military professionals say? >> yeah. i think we do need boots on the ground. and i'd like to make sure they're arab boots on the

ground. i don't think ultimately you can command and control a city like mosul of 1.5 million people that's primarily sunni if your going to have it occupied by either shiites or christians. the coalition has to involve sunnis. and there need to be sunni boots on the ground. i just as soon have 10,000 saudi arabians at the fought of every brigade and say we're going to fight for -- because they haven't been helpful. >> do you think the president's done enough to make that happen? >> i don't think the president's been very good at that. and i do think that when you look at the first george bush i think he was very good at coalition building. and even the second george bush. second george bush brought the war resolutions to congress before he went to war. that's the way it's supposed to work. so there's a lot to be said that republicans have done a better job in the past at leading the country. this president his uncertainty and indecisivism has not made

him a good leader. >> senator good to talk to you tonight. >> thank you. still to come, as the "american sniper" trial comes to an end and chris kyle's killer is sent to prison for the rest of his life lone survivor and kyle friend marcus latrell was there and he'll be here for an exclusive. and a well-known democrat facing charges of a cover-up after the deaths of three vets at a v.a. hospital. we're going to bring you the details and speak with one of the congressmen in calling for an investigation next. >> i didn't realize that he was going to pass away. you know, i never thought he was that bad. i mean he was just in a mental health floor you know getting his medication adjusted. i wish i would have never left him that day. 737373737373 there's nothing more romantic than a spontaneous moment. so why pause to take a pill? and why stop what you're doing to find a bathroom?

with cialis for daily use, you don't have to plan around either. it's the only daily tablet approved to treat erectile dysfunction so you can be ready anytime the moment is right. plus cialis treats the frustrating urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision or any symptoms of an allergic reaction stop taking cialis and get medical help right away. why pause the moment? ask your doctor about cialis for daily use. for a free 30-tablet trial go to cialis.com (soft, calm music.) hi, you've reached emma. i'm out of the office right now, but will get back to you just as soon as i possibly can. your call is important to me.

join us for exclusive discovery at sea experiences. enjoy 7-day cruises from $499. call your travel consultant or 1-800-princess. princess cruises. come back new.

[bassist] two late nights in tucson. blew an amp.but good nights. sure,music's why we do this,but it's still our business. we spend days booking gigs then we've gotta put in the miles to get there. but it's not without its perks. like seeing our album sales go through the roof enough to finally start paying meg's little brother- i mean,our new tour manager-with real,actual money. we run on quickbooks.tha t's how we own it. oh yea, that's coming down let's get some rocks, man.

health can change in a minute. so cvs health is changing healthcare. making it more accessible and affordable with walk-in medical care, no appointments needed and most insurance accepted. minuteclinic. another innovation from cvs health. because health is everything. tonight we're investigating claims of a cover-up involving one senate democrat after the deaths of three patients at a v.a. hospital. senator tammy baldwin learned of the allegations that the patients were being overmedicated back in august. but reportedly failed to do anything until several months lawyer. now she's obtained a lawyer after questions were raised about not her response but whether she tried to cover it

up. >> martha, staff believe powerful drugs were overprescribed at this v.a. in wisconsin. the office of the inspector general concluded in a report that an unusually high number of open opioids. in august of 2014 his father visited and found jason in a drug-induced stupor. his father complained to the staff, but later that day jason died. the autopsy determined his death was caused by the combination of 15 drugs in his system. >> the part i regret is leaving him there. i didn't realize that he was going to pass away. you know i never thought he was that bad. i mean he was just in a mental health floor, you know, getting his medication adjusted. and, you know i wish i would have never left him that day. >> reporter: ryan, a former secretary at the v.a. says the hospital had the nickname candy

land because everyone knew drugs were overprescribed. but the staff was afraid to speak up. >> it was well known within the facility if you raised issues you will find your way out of the facility. >> reporter: honl reached out to elected officials in wisconsin but a lot of attention is now focused on the democratic u.s. senator out of wisconsin tammy baldwin because her office received the oig report according to honl did not immediately take action. senator baldwin's office says she only received the report in august of 2014. right about the time of the death. and her office points to a chain of letter she sent inside the v.a. as action she took. however, senator baldwin only reached out to the secretary of the v.a. last month and asked the attorney general to intervene this month. martha, back to you. >> thanks to mike tobin. also with us now wisconsin republican sean duffy member on oversight and investigations, he is one of the lawmakers who called for this field hearing into senator baldwin.

mr. duffy, representative duffy, good to have you here tonight. what do you think she's guilty of here? i mean she says that her office sent back letters. but the whistle blower basically said they reached out several times and it took from summer until really january to get any kind of action on three people's loss of life. >> a sad story that continues. the chain reaction of stories that have come out about mismanagement of wisconsin international v.a. system. so a year ago actually in march of last year constituents had reached out to senator baldwin to let her know there were problems at the v.a. and he did receive the report in the fall. and she didn't do anything. and that could have been an honest mistake. but she hasn't talked about that. the real issue here martha, is the fact that senator baldwin fired the staffer that was working on this case and then tried to use taxpayer money as hush money for that staffer so she wouldn't talk about what

happened. and what's happening here in the story is that the focus and the cover-up is on tammy baldwin instead of focusing on what's going on in the wisconsin v.a. i mean, we've had several veterans die. you mentioned it was referred to as candyland. the lead doctor who is prescribing these drugs he was referred to as the candyman. and this information was brought out and no one did anything until it was made public by a media report. >> that is the responsibility of representatives. i mean, that is part of their job. when things are brought to their attention, they have a responsibility to follow-up on it. and this other part of the story as you just mentioned is very strange. you know in what way did she -- how did she try to use taxpayer money to hush this woman up? quickly if you can. >> well, she offered a zefseverance package and made an agreement to not talk about the case. she's not talking about what she

knew and when she knew it which made the scandal that much bigger than the significant deaths of our men and women who raise their hand to serve the country. >> doesn't sound like this is going away. thank you very much representative, good to have you with us tonight. still ahead here, we have taya kyle's heartfelt new message to supporters in the wake of the "american sniper" trial verdict. plus close family friend known as the lone survivor marcus latrell is here with that "the kelly file" exclusive next. [alarms blaring] ohhhhh... whoa whoa whoa! who's responsible for this?!? if something goes wrong, you find a scapegoat. ...rick. it's what you do. ahhhhhhhh! what'd you say? uh-oh! kelly! if you want to save fifteen percent

or more on car insurance, you switch to geico. it's what you do. rick. don't walk away from me. ahhhhhhhh! ♪ they lived. ♪ they lived. ♪ they lived. ♪ (dad) we lived... thanks to our subaru. ♪ (announcer) love. it's what makes a subaru a subaru.

the thing that haunts me are

all the guys i couldn't save. hey, that's my daughter, please not now! i'm ready. >> oh, my god! >> i'm ready to come home. >> and after four tours in iraq former navy s.e.a.l. and america's deadliest sniper chris kyle did come home only to be murdered by another war vet that he was trying to help. and last night a jury convicted eddie ray routh of capital murder in the killings of the american sniper chris kyle and his friend chad littlefield. a short time after that verdict kyle's good friend and lone survivor marcus latrell posted on facebook this quote "justice served for chris and the littlefield family. to eddie ray routh, you thought you had ptsd before wait until

the boys in tdc find out you killed a texas hero." joining me for his first interview since that verdict in this "the kelly file" exclusive tonight is marcus latrell and we thank you so much for being here tonight. and as always we thank you for your service. that was a very strong tweet you sent out. it's good to have you. what prompted you to do that? >> when they passed down the verdict and i was sitting there we walked out and i was just kind of mulling around the courtroom. and my wife said you should probably say something. it's no secret that usually i don't have a filter what comes through my head is going to come out of my mouth. and it was -- it was. it was a relief, vindication for the kyle and littlefield family. i don't know that he's going to read that, but i'm sure somebody will get it to him about what's fixing to go down once he gets to where he's going. make no mistake about it the people in the penitentiary they're not there for life not

all of them. and there's a code to be followed there as well. and they have families who are out everywhere. and the military protects them. so you got a guy who one was copping to something that wasn't real and two shot a guy in the back which is a cowardice act. it's not going to bode well. leave it at that. >> you said he was copping to something that wasn't real. there was suggestions that he could have done this because of ptsd, that he was insane at the time. that is not what the jury decided. what do you think about the fact that that is what he claimed? >> well, that was garbage. first of all having ptsd is not a straight line to commit murder it's not a straight line to do anything breaking the law. if it is you basically saying if i cop to having ptsd i can slap anybody around i want and i can play i'm a veteran and have

ptsd? that's not how it works. everybody has stress in their life. yeah, do we have some more than other when we were overseas? absolutely. was he in the sand box? yeah locked up in the armory? never saw a combat. bottom line is he was an angry drunk. that's what came out. he'd get drunk get high, do something bad, cops show up say i was a veteran have ptsd throw him in the mental hospital, be out doing dope, getting drugs, getting angry. and he wore that out. and that's what the d.a. pointed out. at the very end of it when, i mean, i give the defense credit. i mean, those guys they worked their butt -- they pulled everything out to get this guy to not be found guilty. it showed. but when the d.a. stood up, he put a spanking on -- he dropped that nail in that coffin. made it perfectly clear to the jury. the jury came back and their verdict was absolute. the defense even asked them to

individually say yes or no and there was no hesitation in anybody's voice. >> all right. last question real quick. >> the judge dropped the hammer. and not two minutes they had him out of there. >> marcus he had no reaction. almost no reaction. what was that like for you? >> i mean we don't need to get on national television. >> all right. marcus, we thank you very much for being with us tonight. for sharing your thoughts. and for your service. and our hearts go out to you and your family and the kyle family for the loss of chris kyle. he was a true american hero. and we thank you sir, for being with us tonight. good night marcus. >> yes, ma'am. god bless. take care. >> we'll be right back. 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. cfp -- work with the highest standard. you get sick you can't breathe through your nose... suddenly... you're a mouthbreather. well, put on a breathe right strip and instantly open your nose up to 38% more than cold medicines alone so you can breathe and sleep shut your mouth and sleep right. breathe right. i love life, whether i'm on the go, spending time with friends or with my favorite date. i take care of myself, and i like what i see when i look in the mirror. i've often been told i'm the best pair of legs in the room. the so slimming collection only at chico's and chicos.com. you know, just because your bladder is changing, it doesn't mean you have to. with tena, let yourself go. be the one with the crazy laugh.

and keep being their favorite playmate. with tena's unique super absorbent micro beads that lock in moisture and odor... tena lets you be you.

we just posted that emotional interview with lone survivor marcus luttrell on the "american sniper" verdict. you can see it on facebook.com/thekellyfile. join me tomorrow morning. i will see you at 9:00 a.m. eastern on "america's newsroom." thanks live from america's news headquarters. i'm jackie ibanez. a massive winter storm pummeling parts are of the deep south. the most intense parts of the storm stretching from texas to

north carolina and virginia. the winkt weather could impact 47 million people before warmer temperatures move in later thursday. northern arizona should be back on line in the next couple of hours. police blaming vandalism for the outage. technicians found a damage fiberoptic cable which had been completely cut through. it affected an area north of phoenix to flagstaff. about 100 miles away. so far, there's no word of any arrests. i'm jackie ibanez. "hannity" starts now. everybody. i'm martha maccallum. this is "the kelly file." tonight, three charged with plotting to help isis militants. we'll explain what they were plotting. >> we the jury found the defendant eddie ray routh guilty. >> the man accused of killing "american sniper" chri