r you. breaking tonight, big news in the clinton e-mail scandal as "the kelly file" obtains information suggesting the potential criminal case against hillary clinton may have gotten a whole lot stronger. welcome to "the kelly file" everyone. i'm megyn kelly. in the 24 hours since hillary clinton gave a news conference on a scandal threatening her political future, her situation has not improved. the state department inspector general came out tonight and slammed her department's recordkeeping. the associated press is now filed a lawsuit claiming it has been stonewalled by state for five years on document production. the benghazi select committee is getting ready to force mrs. clinton to testify under oath about her e-mails. new reports suggest several clinton staffers were also

communicating through this secret off-the-record system, where are their e-mails? and tonight we have a new development raising serious questions about this claim. >> i'd be happy to have somebody talk to you about the rules. i fully complied with every rule that i was governed by. >> really? let's talk rules and what we learned about tonight. we are told that every employee leaving the state department every one, must sign the of109 form. the document requires the employee to certify that he or she has "surrendered to responsible officials all unclassified documents and papers reltding to the official business of the government acquired while in the employ of the federal government. and a false statement that you have done that when you have not is punishable as a felony. we know for a fact mrs. clinton did not surrender any of her e-mails until more than two

years after she left the agency. just before we came to air i spoke to shannen coffin former council to vice president dick cheney and former doj civil division assistant deputy attorney general. watch. shannen, good to see you tonight. let's start with the broad brush, which is she followed all the rules, all the rules and she didn't commit any crimes whatsoever. you've been maintaining all along that's not necessary -- it's not true on the rules and it may not be true on the law if she concealed or destroyed federal records. >> it's demonstrably not true on the rules. she didn't comply with the federal records act. and she clearly did not comply with her own records management handbook for the department of state which sets out a very specific process about how you remove records from the department control. >> and i want to go through that with you because this, i mean, this is the thing everybody needs to pay attention to

tonight. the language that is in this document which she would have been required to sign prior to leaving the state department, if she wasn't that raises an additional set of problems. here's the question. before you leave the state department you have to jump through a bunch of hoops as it turns out when it comes to your e-mail and your documents including you must prepare an inventory of personal papers and nonrecord materials that you are proposing for removal. you must then request a review of those materials that you've proposed for removal. and then the rule requires the state department to do what? >> the records official of the state department have to actually go through those records with her and determine if she wants to remove them take them with her. she says these are say personal documents. determine whether they are in fact personal documents. and the state department records manual says that's kind of a

difficult call. and it requires the professional judgment of a records official. andrecords official will go through with the secretary all of her records and say this is in this is out you can keep this, this has to stay. >> so when she talks about how, look, it's an honor system and every federal employee gets to sort of cull through their documents and see what's personal and what's business. she's right, it is initially an honor system. but what she didn't disclose is there's a process built in that has a check and balance on the honor system where a state department official even if you're dealing with the secretary is supposed to sit down with her before she leaves and put another set of eyes on it and a set of hands on the documents she means to take with her. >> that's exactly right. and she's right. look, every federal employee has to make some sort of threshold determination about whether a document is personal and -- or whether it's official. now, that -- there are very

strict standards for that. and the standards say you know, if there's any doubt the state department standards say if there's any doubt you have to default to this being an official document. >> you can't take it with you, hillary. >> that's exactly right. >> but now she's saying, shannen, with a wink and a nod comply with all rules. we know that's not true. sort of like, well, two years later i complied with the rules. i've given it all back now. that's good enough. >> again it's just absolutely not good enough. the state department regulations also say that departing officials have to make sure that all of their official records are in the files of the department of state upon departure. that couldn't be any clearer. >> let's put it on the board so viewers can see it themselves. this is state department records manual that says departing officials "must ensure that all

record material they possess is incorporated in the department's official files and that all file searches for which they are tasked have been completed such as those required to respond to foia, freedom of information act congressional or litigated-related document requests. and goes onto say by the way, if you don't do it, all state department employees including the secretary fines, imprisonment or both may be imposed for the willful and unlawful removal ofr destruction -- >> that's right. and a couple seconds later the same manual says this includes e-mails as well. so there's no doubt looking at that -- if she had them in her chappaqua home her office, somewhere else, she's got to bring all of the records to the table and turn over any official

records at the time of her departure. not, most definitely not two years later. >> it makes perfect sense. this is a state department trying to comply with its obligations under the law trying to say to the secretary look we're going to get hit with foia requests, subpoenas, we have to make sure our files are up to date and you've got your stuff before you leave. she either did that untruthfully, right? she either said they had everything when they didn't. >> right. >> or for some reason she didn't do it. and we asked the state department for an answer to that. so far tonight we don't have it. we expect and hope we'll get it tomorrow. >> megyn every employee at the state department has to sign this little piece of paper when they leave the state department. and it says i certify basically under penalty of perjury that i have returned all official records that were in my possession while i was an officer of the department of

state. so where is that document, megyn? and if there isn't -- if she didn't sign that, why not? there are a lot of questions to be answered. >> if she signed it, as you read the law and the manual itself which refers to the criminal code, if she signed that saying she had given them everything back, everything federal record she had in her possession, when in fact she had thousands of documents, thousands of e-mails sitting on her home server did she violate the law. did she commit a crime? >> if that is the -- if that's the case, there's no question. the form itself says hey before you sign this understand that you are certifying something that we can prosecute you for. making a false statement in this context knowingly and willfully which i can't imagine anything more knowing and willful than knowing you have 55000 records sitting in your home. if you do that it is a felony

punishable under 18 u.s.c 1001. >> the form is of-109. the question tonight is did hillary clinton sign it. and if not why not? that's what we're going to stay on. shannen coffin thank you, sir. >> thank you, megyn. >> we are taking your thoughts on that right now facebook.com/thekellyfile and on twitter @megynkelly. for days hillary supporters say she broke no laws here. this is earlier on fnc's "the five". >> i keep saying what is the law she broke. dana says, well, it was unethical and looks shady, oh, yeah, looked kind of weird. did she break a law? and is this affecting how democrats feel about her? >> do you know what you should do tonight? you should watch "the kelly file." >> good advice for everyone not just juan. dana perino is here next on what this latest development means for hillary in 2016.

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this was a server that you owned. is that appropriate? did you clear it with any state department security officials? >> why did you wait two months to turn those e-mails over? >> why did you not go along with state department rules until nearly two years after you left office? and then just one last political question if i might, just all of this make affect your decision any way on whether or not to run for president? >> former secretary of state hillary clinton getting peppered yesterday over her exclusive use of private e-mail while secretary of state. of course the fallout not only affects her but the democratic party, which has seemingly put all of its 2016 hopes of maintaining control in the white house in the clinton basket. now they may have to rethink that strategy according to some. a few headlines we're seeing tonight from real clear politics, hillary and freefall,

what happens next? new york magazine, hillary clinton's e-mailgate proves she's still not ready for a presidential campaign. and from "the washington post," absence of 2016 competition for clinton raises stakes for democrats. dana perino co-host of "the five." i don't know that others will do the legal work that "the kelly file" did and shannen coffin did in a piece well worth your read at national review to find of-109 and figure out this is much bigger and deeper than she would have us believe. but if they did, they would see she is in potential legal trouble as well as political trouble. do you think the democrats will care? >> they may not. a recent poll today just showed democrats have an 86% approval rating of her. part of the thing is when you read some of those headlines, she's not readilyy to run for president. hearing some grumblings within

the democratic party today. they've invested millions in her, people that have supported the democratic party, supported her in the senate race, at the clinton foundation, as secretary of state and preparing to pay money to support her presidential campaign. now they think how could she be so reckless with all of this investment. and now they're in a situation that they don't have anyone else. so a lot of political reporters are today wanting to write the story this won't really matter, it will blow over because republicans will overreach. and the democrats don't have anyone else any way so journalism is dead and we're going to go home. but if they do that they're missing a huge story because these little nuggets keep coming out. while you went on air the "the wall street journal" says in the first two months of secretary of state none of those e-mails were protected. already her story continues to fall apart. i don't think it's too late for the democrats to change course.

they kind of need somin vig ration anyway. >> the number two and number three potential candidates they say have sort of held back because all the money's going to clinton. every democratic fundraiser assumes hillary clinton is going to be the nominee so why waste money on elizabeth warren or martin o'malley or anyone else. >> exactly. but i think they're going to have to rethink that. another story in "the washington post" is several senate democrats no one on record, saying she's not ready to run a campaign, she's not a good account. how can her people not be ready? and then i think this story like what you talked about with shannen coffin on the form you have to sign when you leave the government. >> did she sign it or didn't she? of-109. did she sign it? they have to answer that question. >> they have to answer. and they should be able to answer that by noon tomorrow. >> that's right. absolutely right. >> this is not something that will take six months to figure out. that form exists. it should be on file they should be able to tell you by noon tomorrow. i'm giving them a deadline. >> what certifications did she

offer? if she didn't offer any why not? the white house today very dismissive of this. listen to josh earnest. >> frankly, the secretary's handling of her own personal e-mail and the maintenance of her personal mail inbox is something i'm not going to comment on and not particularly interested in. >> really? >> i bet he's not interested. i would not want to answer this question either. it wasn't like she was just some entity that didn't have any connection to the obama administration. >> right. >> she was his secretary of state. >> right. >> she was out of compliance with his own rules. >> and she may have committed a felony so he might show a little interest in it. >> also he and marie harf at the state department have both been caught out with having to reverse themselves on facts they put out that then changed. >> she put them in a terrible position. >> exactly when i say she's been reckless with their entire investment. i also think a little conspirator yal, but i'm working on a theory, i think this brings hillary closer into obama's

circle. in her book six months ago she showed a little distance she was uncomfortable with some things. yesterday in her press availability the first thing she did was attack republicans for the letter to iran. >> uh-huh. >> six months ago in her book she wrote, no deal is better than a bad deal. that's contrary to the obama administration. yesterday she changed. >> why is she cozying up with the obama administration? for cover? >> because she needs them. absolutely. they'll say, fine we'll try to help you out and blow this off, but you'll have to help us to. >> if she signed of-109, they can't help her. >> or if she didn't they can't help themselves. what kind of state department are they running if they can't have the secretary sign the document required to be signed? >> that's the question the inspector general was asking when they said a billion documents were produced by the state department in 2011 alone. and only 60,000 were maintained as federal records. 60,000 out of a billion. you do the math. >> i can even do that math. >> right? i actually can't do that math.

it's just a tiny fraction. dana, great to see you. you should play our a-block segment tomorrow on "the five" if juan is there. >> i'll show juan. >> maybe he's watching now. we're hearing ugly attacks on a group of republicans who dared to challenge the president's deal with iran in a very public way with some suggesting that the senators who signed this open letter to the iranians are racist against president obama and others saying, well, they're trying to stoke the fires of islamophobia. we'll show you who's saying that. up next, could the university of oklahoma be in some legal trouble itself for expelling the students who led this racist chant? a legal panel's here. at ally bank no branches equals great rates. it's a fact. kind of like mute buttons equal danger. ...that sound good? not being on this phone call sounds good. it's not muted. was that you jason? it was geoffrey! it was jason. it could've been brenda.

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during a nighttime exercise near eglin air force base in the florida panhandle. we understand helicopter debris and human remains have washed up onshore. 11 service members were onboard they are all presumed dead. military officials are not saying what caused the crash, but the weather was bad enough for another helicopter to turn around and land shortly before the crash. bad weather is also hindering search efforts. new questions tonight about the university of oklahoma's decision to expel two fraternity brothers for their part in this video. [ bleep ]. >> now we're hearing suggestions that the students may be able to sue to challenge their expulsion based on freedom of speech. arthur aidala and mark eiglarsh, good to see you. mark, do you believe these guys are going to be able to sue if they want to to get back into the school? >> unfortunately, yes.

i say unfortunately because nobody wants -- well, i don't want them back on campus. but there's precedent for it, megyn. april 4th 1991, fraternity brothers from sigma at george mason university performed an extremely racist and sexist skit and they were thrown off campus. they sued and the fourth district court of appeals said that while the university does have a need to create harmony on campus, that's outweighed by the students' first amendment right. and their first amendment right allows them to be outrageous, offensive and even racist. >> that's the thing, arthur. it is not illegal to be a racist and have racist thoughts even at this level even when you're chanting and saying what these guys said. >> mark is correct. everything he said is 100% accurate. >> so we're done. >> here's what everybody needs to understand is that that's only the case because this is a government-funded institution. if this is arthur university,

cornell university -- >> i heard that's excellent. >> vanderbilt university, then that institution is a private institution not receiving public money. and they can expel them for whatever reason they want. >> let me tell you why i don't know whether you are right. this is what i would say if i were defending the university and its decision to kick these young men out. the school's code of conduct says you can kick somebody out for abuse of conduct. they say it's unwelcome conduct that's efficiently severe and pervasive that it alters the education. they'll say this wasn't pervasive pervasive, it was one time. but then it goes onto say, mark, teasing offhanded comments they don't qualify and neither do isolated incidents unless they're extremely serious. isolated incidents that are extremely serious might qualify as abuse of conduct that results in expulsion. doesn't that get it done? >> no. great argument. that's the argument made back in the early '90s that the schools are saying, look we have a conduct book.

they know they're not supposed to do it. but what's written in the code of conduct then according to the fourth district court of appeals and what i think the supreme court would rule is unconstitutional. >> are you telling me the u.s. constitution trumps the oklahoma code of conduct? >> i think i am. yeah, yeah. >> let me shift gears and ask you about utah. utah's going -- i guess they're going to shoot people to death now or on death row? what are they doing, arthur? >> it works. the bottom line is there has been so many issues lately with the lethal injection. there's two issues, one, it hasn't been working. the concoction of drugs have had people suffering. it's taking two hours to die. and there have been physical signs that they are violating the constitution with cruel and unusual punishment by the way they're killing them. number one. number two is europe where we get the drugs, they do not -- these lethal drugs, they do not like the death penalty.

so they're not selling the drugs to the states. so in the utah constitution it says if lethal injections are ever proven or ruled to be unconstitutional, we're allowed to use a firing squad which we've done up until 2010 we used a firing squad. >> so it works, arthur? >> yes. >> tell that to wallace wilkerson. >> one person! 1879. >> i have hair older than 1879. >> i don't know about that. but anyway he stood before the firing squad and you know what happened? they missed. you know why? because he moved. let me say that, he languished for 27 minutes in agony. >> you know what they do now? they line you up and bang -- no, apparently they strap you to a table and they shoot you on the table. >> yeah. let me tell you something -- >> they shoot you in your heart and you die. >> the other issue is if utah

and the rest of the states by extension wants to embrace international condemnation by returning to a barbaric day -- >> they don't care about international condemnation. texas is next. they're about to run out of the lethal injection drugs. and they too may have to do what utah's doing as well as a couple other states. we may be having death by firing squads in quite a few states although oklahoma hasn't yet or utah hasn't approved it officially. >> correct. but the key part is it's already in the constitution. it's not a big leap that if the supreme court supposedly if they ever said that the injection, the lethal injection is unconstitutional -- >> they planned ahead. i got it. >> i predict a really bad willinson scenario. >> then you're right there are going to be legal challenges -- >> five sharp shooters aren't going to miss. >> i got to go. >> four. >> i hate the death penalty. but go ahead. >> leave it at that.

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of fox news, it's "the kelly file" with megyn kelly. we are hearing some ugly new attacks tonight on a group of republicans who publicly challenged president obama's effort to reach a nuke deal with iran. first we heard suggestions that these senators are traitors. and now we are hearing that their letter to iran was perhaps motivated by a certain kind of hatred. >> i don't think it's anything like you like that crazy got yelled at. i think some day they're going to look back on this era and say this president was treated worse than anybody else. and they'll think what was it? what was it about him? >> joining me now editor of national review rich lowry and mark hannah partner at the truman national security project and former presidential democratic campaign aide. they went on that panel to

suggest what it was about president obama that was apparently so upsetting namely they talked about john boehner's unapproved invitation to benjamin netanyahu, the you lied moment and margaret carlson there was implying that, you know, perhaps this was a racist thing. that these senators i guess are racist rich, because they wrote this open letter to the iranian leaders against this deal. >> first, megyn i don't want to be outdone by dana, so i want to go on the record saying right now everybody should watch "the kelly file." i'm sure mark agrees with me. >> he should. we've been bringing a lot of news. >> megyn, this is just pitiful. you look at the history. conservative republicans in congress reacted exactly the same way when jimmy carter was president, when bill clinton was president, both of those guys were southern white male conservatives oppose their foreign policy. and strenuously opposed their arms control agreements. so i think our friends really just need to grow up and to

treat these arguments on the merits. and if they disagree with them, tell us why but don't smear them and suggest it has to do with some deep hidden vain of hatred. it's completely ridiculous and tired and boring. >> mark. >> i'm not going to disagree with chris matthews or anybody who suggests this is purely a racist motivation. but i do think rich will agree with me there seems to be almost a personal nature to the opposition that president obama is facing here. one foreign policy exert said this solidifies congressional republicans hate president obama more than -- what they're doing is aligning themselves with the sort of extremist hard lined iranians that don't want to see a deal happen and trying to undermine the deal from happening. we have to ask ourselves if a deal doesn't go through if no nuclear negotiation is reached in this very sensitive time what does that look like? all your viewers, all of us are

a lot less safe as a result. it's a dangerous game the republicans are playing. i don't think it's racistly motivated. >> rich, it's interesting to hear mark raise that point, saying they must hate president obama more than they love america. and hear these folks call republican traitors and so on. you raise a good point in your column about how it was just a couple weeks ago when rudy giuliani suggested the president didn't love the country. it was like how could somebody talk like that in modern day america. >> yeah three weeks ago it was completely out of bounds and any republican who didn't denounce rudy show he's unfit for high office. now a major liberal newspaper the daily news putting these republicans pictures on the front page and saying they are traitors. what is tom cotton's defense? he wrote an open letter that he posted on his website citing obvious and true things about how our system works. and if the mullahs don't know

yet that this is not going to be a treaty that there's no way it's going to get consent of the senate, someone should tell them that. that blows up the deal so be it, we're headed to a rotten deal be better not to have it at all. the iranians are outnegotiating president obama running circles around him -- >> but wait, mark, what about that point? i thought we were not supposed to be questioning somebody's love of country. isn't it a little hypocritical for them to turn around and say to the republicans you're traitors? >> yeah, i'm not calling republicans traitors. i'm not saying -- >> not you. but you've seen the newspapers you've read some of the comments. >> the daily news can be a little tabloidy. but there's a strategic wisdom here to undermine -- i mean rich's own magazine, the national review i'm reading here the centralization of the diplomacy of the president has been thought to -- manipulate our branches of government

against each other. >> so you're not accusing tom cotton of -- you're saying he's being manipulated by the iranians? >> but wait, but rich, he's saying if the republicans -- if this were a republican president and the democratic senate was interfering with his ability, his attempt to set foreign policy in an issue like this that they'd be mad or upset. let rich respond. >> what's the interference? this isn't secret letters to the iranians. this isn't tom cotton traveling to tehran to lobby the iranians on this question. he published an open letter -- >> like nancy pelosi said. >> if he published it in "the wall street journal" would you think it was completely untoward for him to express his opinion? >> no. >> so what's the difference between his website and "the wall street journal"? functionally it's nothing. >> he doesn't have to go to tehran because he has the internet and can send a letter to the foreign minister of iran and all the leaders of iran online. that's what he did. i have no problem with

republicans criticizing specific aspects of this deal. they're trying to have it both ways because they're saying we don't know what's in the deal it's too sec retive and then they're saying they don't like the substance or it's a bad deal. it can't be both. what critics of the republicans are saying is we don't engage with foreign leaders and try to undermine the president no matter what the party is. it sets a bad precedent. >> you can imagine when george bush -- >> i got to go. quickly, rich. [ overlapping speakers ] >> there's nothing wrong with a senator pointing out that our system says -- >> okay. >> that's not advice mark. if i say right now, hey, iranian mullahs guess what if it's going to be a treaty for the senate to consent it needs 67 votes. have i just undermined the president's policy? >> i'm going to communicate right here on my iphone which by the way has two e-mails and when i get a response from the

iranian ayatollah, i'll let you know. so far i've got can't talk -- coming up, stunning story from a california college campus where dozens of professors are trying to argue that the american flag contributes to racism. we've got an investigation on that. and it's the kind of anti-police protest we saw in ferguson and new york start to sprout up in wisconsin. we'll look at details of the latest shooting and whether the media is encouraging distrust in police departments. if you haven't heard about the latest sale at hotels.com, then you haven't seen this commercial. book now and save during the spring break sale at hotels.com.

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developing tonight, the police chief of ferguson, missouri, chief thomas jackson is stepping down after the doj report that cleared officer darren wilson for the shooting death of michael brown. but that same report attacked the department that this chief worked for. chief jackson is the sixth city employee to leave in the wake of what the feds called a pattern of unlawful conduct within the department. jackson also took a lot of heat over his department's response to the protests and riots that broke out in the days after. chief jackson says he is leaving of his own accord so the city can move forward without any distractions. and in wisconsin growing anti-police protests now after a shooting involving a police officer. most of the media covering this solely focusing on the officer involved in the shooting and not the history of the 19-year-old man he killed. trace gallagher has a report live from our west coast

newsroom. trace. >> megyn, when you cover the shootings of trayvon martin michael brown or tony robinson context is king. which simply means including the circumstances surrounding the events so the audience can fully understand and assess it. but again in the tony robinson shooting providing context appears to be less important than promoting conflict. for example we found dozens of headlines that read "black teen shot dead by cops was unarmed." true statements, mind you except you're not told until well into the story that police claim the unarmed suspect struck the officer in the head, knocked him to the ground and tried to further assault him. in fact, nbc news categorized the assault as a confrontation. abc called it an altercation. we could only find two headlines that made any mention of the fact that tony robinson had been convicted of an armed robbery during a home invasion. yet we found numerous headlines mentioning that officer matt kenny, the man who shot tony robinson, had been involved in a previous fatal shooting.

cnn said "police officer matt kenny, one career, two fatal shootings." abc wrote "madison police shooting what we know about officer matt kenny's 2007 incident. could have read officer receives medal of bravery yet madison police chief asked if he was possibly commanding rogue cops. listen. >> if i had or have rogue cops among us, i feel confident that their very peer group would turn them in. >> make no mistake bad cops exist and we have covered their convictions, but with context. megyn. >> trace, thank you. joining me now with reaction nelson andrew chief of the west miami florida police department and a former miami p.d. homicide detective. chief, thank you for being here. >> thank you for having me. >> why do you think it is so many in the media are so quick to jump on the narrative that we

have rogue cops out of control who want to shoot people for no or little reason? >> the media jumps on those bandwagons. and it's unfair and it shouldn't be -- they need to wait for the dust to settle. witnesses need to be interviewed. evidence needs to be analyzed and collected. and then if the officer did in fact do something wrong, then he or she should face the consequences. but let's not jump to conclusions and give one side of the story before all the facts are on the table. >> what we hear more and more is that, well, the cops didn't need to kill him. and we heard that in this wisconsin case that we just discussed, the 19-year-old was unarmed. why did he have to kill him? why couldn't he tase him? why couldn't he do something less than that? >> the tasers, the night sticks, pepper spray, these are tools at the officer's disposal. many times they don't work. drugs that are being made in people's garages that are not showing up in autopsy reports and drug tests are causing

individuals to display bizarre behavior and have no reaction to these other less than lethal forms of restraint that the officer has at his disposal. >> you know, so many people who followed the ferguson case, they felt vindicated by that doj report even though it completely exonerated officer darren wilson. i mean completely exonerated him. but it condemned the ferguson p.d. other police officers, clearly there were racists within that police department and within the city staff ranks. but they said, look, see, this is why there's such anger in these communities. because that racism manifests itself if not through officer wilson then through other officers on a day-to-day basis. >> are there good officers? there are good officers. are there bad ones? there's bad reporters, there's bad clergy, there's bad politicians. but i keep hearing the narrative that officers wake up in the morning with the thought i'm going to go out and kill somebody and then specifically to target a specific race or

gender or ethnicity is really absurd. officers go out and put their life on the line day in and day out. they need to be given that benefit of the doubt and shown to be innocent until the facts prove them otherwise. >> uh-huh. i don't hear so much that the cops are waking up wanting to kill innocent people. but it's that the allegation is that they have an inherent bias in particular against people of color. and they point to -- let's go back to ferguson. michael brown what was his initial offense? he was walking in the middle of the street. why did the officer have to mess with him? he messed with him the allegation is because he was a black man walking with his friend walking while black. and he wouldn't have done that to you know, a white woman who was walking down the street. >> i beg to differ with some of those opinions, but again, the facts will prove the doj did i'm sure a very thorough and intense investigation. and the officer was exonerated. however are there, again i say

rogue officers in departments, there may be. but the overwhelming majority of officers in this country put their life on the line day in and day out for the community they serve. >> what do you think this is doing to the morale of cops? >> it's terrible on the morale of cops. they go out there and both my son and daughter are police officers. and i pray every day that not only they're not shot but that they doept have to pull their weapon and defend themselves and shoot someone because i know it's devastating to the psychology of an individual. >> chief, thank you for being here. all the best to you and your family. >> my pleasure. thank you. >> well, up next dozens of college professors want the american flag banned from campus because they say, well, it contributes to racism. plus, the beach brawl gone viral. [ bleep ] look at your credit. >>i know i have a 786 fico score, thanks to all the tools and help on experian.com. so how are we going to sweeten this deal? floor mats...

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. new tonight, a florida deputy is defending his -- in a beach video gone viral. watch. can't confirm but they say it may have involved alcohol. the sheriff said he acted within department policies in these incidents. watch. aren't you supposed to just kind of hook up have a few cocktails on spring break? why must you antagonize the police and have brawls on the beach? in any event the guy's been charged with disorderly conduct and battery on a law enforcement officer. so there's a momento. developing tonight a california college wants to ban the american flag from parts of campus because, of course it's

racist, didn't you know? trace gallagher reports. trace. >> megyn the resolution to ban the american flag from the student center was offered by six members of a student government council who called the flag "paraphernalia of nationalism." their petition gathered some 1,200 signatures along with 60 professors, even prominent faculty members, another student group also wrote a letter of support for banning the flag saying "the resolution recognized that nationalism including u.s. nationalism often contributes to racism and fear of foreigners. and that the paraphernalia of nationalism is in fact often used to intimidate. the letter also called fox news racist and didn't explain why. one student who supports the ban says the flag reminds him of his friends who are in this country illegally and their constant battle to gain citizenship. but once the story went public, the patriots and petitioners squared off.

listen. >> the american flag is symbolic of our country. our sovereignty, our freedom our laws, our constitution everything that makes america great. >> standing against these students and allowing them to receive death threats, allowing them to be publicly aus -- frankly i think it's deplorable. >> the measure was quickly vetoed by the executive cabinet of the student association megyn. >> thanks, trace. we'll be right back.

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go to facebook.com/thekellyfile, where we have posted the document hillary was supposed to sign that could land her in legal trouble. did she or didn't she sign it? tune in tomorrow to find out what we've learned. thanks for watching. i'm megyn kelly. i opted for convenience to use my personal e-mail account which was allowed. >> two breaking developments in the hillary clinton e-mail scandal. she lied and now a -- filed with the state department. >> the full participation of women and girls is a great unfinished business of the 21st century. >> is hillary really a champion on womens rights? tonight you meet the woman who volunteered in the clinton white house and saw firsthand how the former first lady really treats women. [ bleep ] the two students expelled from oklahoma university for the racist c