breaking tonight brand new video coming into "the kelly file" this hour from a shooting that touched off a massive manhunt still underway right now in the city of ferguson missouri. welcome to "the kelly file" everyone. i'm megyn kelly. moments ago we got a brand new and up close look at what happened just after midnight when an anti-police protest march was rocked by gunfire aimed at the cops. listen. [ gunfire ] [ bleep ] [ bleep ]. >> two officers, neither of them from the ferguson p.d., suffering what we're told were

serious injuries with one of them shot in the back and the other shot in the face. a police source suggesting these officers may never work again. they're 32 and 41. but listen to what one apparent protester said just seconds after those shots rang out. >> acknowledgment nine months ago would have kept that from happening. >> really? acknowledgment nine months ago would have kept that from happening? the cops getting shot in the face? an apparent reference to the shooting death of michael brown. images from the scene show a blood spattered helmet and baton left behind by one of the officers. s.w.a.t. teams now sweeping surrounding neighborhoods in a manhunt. they still don't have the person responsible. police officials are pointing out how close this incident came to the cold-blooded assassination of two nypd officers that happened just months ago. >> we hear three shots, three or

four shots rang out. [ gunfire ] those shots immediately strike two officers standing next to each other. and the webster groves officer is shot right here at the high point of your cheek right in the right eye. and the bullet lodges right behind his ear. and that bullet is still with him. the st. louis county officer was struck right here on the shoulder. and the bullet came out the middle of his right back between the scapula and spine. we were very close to having happened what happened to nypd with officer ramos and officer liu. we could have baruried two police officers. > us through this new video. trace. >> in fact, megyn i just got off the phone with the man who shot this exclusive video. he's a documentary filmmaker. he says before the shooting

everything was really calm, no shouting, nothing. in fact he says he and his crew were about to call it a night. he was talking with the police officer very casually when suddenly he hears the shots ring out. listen now to the audio of the shooting and the reaction that follows. [ gunfire ] [ bleep ]. >> then after police officers realize that two of their own have been shot, look at their reactions. i mean, this is full-on defense mode. you've got shields up you've got weapons drawn, defensive positions. some of the officers even start to take cover. and some begin looking to where the shots came from. but because they clearly do not know, you can hear officers yelling at protesters to come out from hidden corners and make themselves visible. you can also hear the protesters in return saying that they're

out and to not shoot them. and you can see the officers legs who was actually shot, you can see them close up. we got a picture of that. we're going to highlight it there for you. there is also footage of the emergency. you can see it right there is it highlighted? yeah. you can see the officer. we've also got footage of the emergency response. it's very hard to see the officer who was hit. but you can see police kind of gathering around them trying to assess their wounds. chris renteria, the filmmaker, said at first it looked like a police briefing like the officers are actually trying to put a plan into place. and then he looked up and he saw the iv bags and the medical equipment and he knew an officer was down and he was praying the officer was still alive. soon thereafter more emergency crews arrived on scene. he also took some footage a few minutes after the shooting where you could see police standing back in their guard positions as you might imagine megyn, visibly shaken at the time. >> trace, thank you. at this hour police officers across the city of ferguson

missouri are searching for the shooters. assumed to be armed and dangerous knowing at any moment they may find this person or persons and face a deadly confrontation. you would think the risks they're facing is the focus of the national conversation today would be the focus of the national conversation. you would be wrong. today the conversation consistented of a quick expression of sympathy for the injured officers followed by a long justification for a protest movement based upon a lie. for months a segment of our political leaders and pundits attacked cops across this country based on the myth that 18-year-old michael brown in ferguson, missouri was shot in the back by a cop while surrendering with his hands up. wrong. totally wrong. we saw members of congress on the steps of the u.s. capitol hands in the air saying "hands up don't shoot." and if one of them has so far

apologized for misleading america we haven't heard it. enough is enough. institutional racism is a real problem but fanning the flames rushing to judgment and failing to provide context is also deeply problematic and dangerous. and it needs to stop. everyone needs to be more responsible in how they approach this issue. one of the folks who encouraged everyone to wait for the investigators and the jury to return a verdict on the ferguson shooting was sheriff david clarke of milwaukee, wisconsin. he joins me now. sheriff, thank you for being here. how many more cops are going to have to get shot before people understand that sending a message to the american people that all cops are racist pigs and they need to pay for the sins of some is going to stop. >> well, megyn, you know i said several months ago on your show

as a matter of fact that war's been declared on the american police officer. some people thought i was engaging in hyperbole but as we can see this assault on the american officer continues. this isn't the first time. it happened in l.a. it happened in san francisco -- excuse me cops on routine patrol taking sniper fire. it's unfathomable that we've gotten to this point in the united states. but it was my biggest fear when president obama and eric holder along with bill de blasio trashed the reputation of an entire profession. what do we get today? we get a tweet from the president of the united states after the shooting violence against police is unacceptable. our prayers are with the officers in missouri. path to justice is one all of us must travel together. be all. that might score him point with hip sters, but it's not going over real big with me. and it's not going over real lig with the american law enforcement officer. i need the president of the united states and attorney general to remind our young black men in these american ghettos that they have an obligation to comply with law

enforcement officer's lawful commands. if we want to end these deadly encounters, it's going to be incumbent to stop fighting the police, stop resisting arrest, stop engaging the police in foot pursuits. and stop trying to disarm them. when you go and engage in behavior like that with a law enforcement officer you're headed to a very dark place where it's not going to turn out real well for you. >> the president's tweet took some pushback on twitter today. somebody tweeted out mike brown got a speech and 40 doj investigators, two police officers get a tweet. and yet to defend the president and the attorney general for that matter in almost every statement they have made from the beginning of this case they have been -- they have taken pains to defend law enforcement. eric holder pointing out i think it's his brother is a law enforcement officer. you know, they always acknowledge the sacrifice that law enforcement officers make and the danger to them. >> you know, their doing what's

politically expedient. on one hand they say those things and then on the other hand they go around saying things like when the president said our police are poorly trained and they have a fear of people who do not look like him. when the attorney general of the united states invokes the name of emmitt till and says that's symbolic of what happened in ferguson, missouri. emmitt till wasn't even a law enforcement officer. but when they make those sort of statements they are fanning the flames of racial discord. and so they're having it both ways which is what really bothers me. i'm not buying when they say some of these of course it's unacceptable. >> let me ask you -- go ahead. >> barack obama took the lazy way out, megyn, let me finish this quickly. >> sure sure. >> he took the lazy way out. he issued a tweet. he didn't have decency to put on a suit and go to the rose room and have condemnation for these assaults against officers. >> here's my question to you. do you believe that this is endangering -- that this

situation is still dangerous for law enforcement officers? because an nypd detective, former, today said he believes officers may be afraid to immediately react the way they're supposed to right now. and he points to that as justifying, as explaining the fact that the number of law enforcement officers shot to death in the line of duty rose more than 50% in 2014. >> sure. we're at a tipping point with the american law enforcement officer. you know, we have to live in a state of hypervigilance. and we know that. we know we operate in a very dangerous situation every time we put this uniform on. but what we expect, all we expect megyn, is we expect that responsible people in this country back us in these situations. when we're wrong, we're wrong, but when we're right i expect them to come out and in very strong language indicate that and give us some sense that at least they have our backs in these situations and not looking to indict based on emotional mob rhetoric or bring criminal charges or even, you know

slander our reputation. >> officer wilson was totally exonerated by this report. and all president obama said well, there's a reasonable doubt standard, so he benefits -- it's like his own doj's report totally exonerates the officer. all of the investigators found officer wilson's account credible. and the accounts of the witnesses against him not credible and not matching up with the forensics or the evidence. and yet he was not quite as forceful in addressing that as he otherwise could have been. i got to leave it at that. great to see you sheriff. thanks so much for being here. >> thank you, megyn. also breaking tonight, new reports the white house may turn to the united nations to seal a nuke deal with iran. a deal that would cut congress out of the loop entirely and deny any say in this to the american people. mark thiessen is here in moments with the story behind this breaking news we're just getting. plus, we again challenge the state department today with the most important question in the hillary clinton e-mail scandal as of the past day. and the answer may determine

whether mrs. clinton faces criminal charges in this case. wait until you hear what the response was, next. >> making a false statement in this context knowingly and willfully which i can't imagine anything more knowing and willful than knowing you have 55,000 records sitting in your home if you do that it is a felony.

. breaking tonight, a stark message from the senate to the white house after reports surfaced that the administration may now go to the united nations to approve a possible nuke deal with iran. bypassing the u.s. senate altogether. and denying a say to the american people. senator bob corker, chairman of the foreign relations committee today wrote to the president saying "enabling the united nations to consider an agreement while simultaneously threatening to veto legislation that would enable congress to do the same is a direct affront to the american people and seeks to undermine congress's appropriate role." marc thiessen is an american enterprise fellow. and fox news contributor. marc we've learned the white house has found a way to completely exclude the u.s. senate from having any say on this deal. and basically said it's not a treaty and you only get to approve if it's a treaty. take that. and now he said u.n. i love your approval. why is he doing that?

>> well first of all, i mean it's an outrage that he would do this. what the president is basically saying is that i care more about the approval of the united nations than i care about the approval of the elected representatives of the american people. he's not simply not going to congress. he's going to the united nations and seeking their approval of dictatorships of russia and china while threatening to veto legislation that would give congress an up or down vote on this deal. so this is what he's trying to do. it's an outrage. and congress is right to be angry. >> he really doesn't want the united states senate to weigh-in on this. at all. he's making that very clear. and kerry came out this week and said, you know, if it was a treaty the u.s. senate would have to weigh in. he said it's not a treaty so there. so fine. then these republicans say, fine if it's not a treaty then it's not binding. so once president obama's out of office there will be another president and we can persuade that president to revoke all this. and then today we get news maybe not because united nations may have something else in store. how so? >> what he's trying to do is

he's got this nonbinding agreement with iran. and he's going to take the to the u.n. security council and the u.n. security council will give the blessing and give it the force of international law, which means that under international law no country can impose sanctions on iran unless they're violating the deal. that's what he thinks he's doing. the problem with that is is that under u.s. law the u.s. constitution trumps international law. the u.s. constitution trumps the u.n. charter. >> so the next president could come in and impose sanctions notwithstanding what the u.n. may or may not be about to do. >> absolutely. the supreme court has actually ruled on this. the supreme court has actually ruled that domestic international law trumps a ratified treaty. even if this was a ratified treaty, if congress doesn't pass implementing legislation to put this into effect, it doesn't have any force of law. >> so what's he doing? basically the u.n. is going to do what it's going to do. why bother doing that if it can all be revoked by the next

president? >> because he's trying to make it really hard for the next president to revoke it. because the u.n. security council while it doesn't have legal authority to bind the united states congress there's an international consensus. everybody's behind this. so what happens is the next president comes in and they say, look, iran's complying with the deal. and why would you revoke that and impose sanctions against china, against russia, against britain, against france and all these countries? it makes it very hard for the next president. but as b.b. netanyahu pointed out in congress that iran doesn't have to break out of the deal in order to get a nuclear weapon. the deal itself is a path to nuclear weapon. so iran's going to comply with the deal because it's a good deal for them. they don't need to break out of it. so it's going to make the next president's job very hard. >> and if the next president goes to the united nations and says -- they say, hey, we signed this deal and you need to go along the united states the president will say, well, you're not the boss of us. i got to go. >> it's true. >> anything can be short form if you are the parent of toddlers it can all be short formed into every message you give your

kids. marc good to see you. >> thanks, megyn. >> or sometimes just this works. that's such an effective message i get from my 4-year-old all the time. why can't we do that as adults? anyway coming up tonight details of a new study with a harsh warning for women. look out for men who are nice to you. trust me. we'll tell you why. they're bad and need to be stopped. plus new fallout tonight from that racist sing-along involving a fraternity group at the university of oklahoma. see why students across the country may now pay a price. and you will not believe what we found some folks saying right before the cops were shot in ferguson. a friend of officer darren wilson is here with us next. >> acknowledgment nine months ago would have kept that from happening.

breaking tonight, we have combed through the video and the audio from last night's shooting of two officers in ferguson and found a lot of anger directed at police in the hours before those two cops were shot. listen. [ bleep ]. >> i don't say that. [ bleep ] [ inaudible ] >> stop the revolution! >> we got to fight back! >> since then the anti-cop rhetoric has hardly died down. trace gallagher reports from our west coast newsroom. trace. >> megyn despite the fact that darren wilson was exonerated by a grand jury and by the department of justice, it's very apparent that a portion of the population simply does not accept the finding. and for weeks we have seen protests that have challenged those very conclusions. but before the two ferguson police officers were shot last night, there was no real way to

gauge just how deep the animosity runs. but listen now to what one witness to the shooting said just seconds after the gunshots rang out. play it. >> acknowledgment nine months ago would have kept that from happening. >> oh, [ bleep ]. >> kept that from happening. in fact, many people weighed in saying they too were not surprised. and not only was this bound to happen, it was justified. saying, and i'm quoting, i used to think it was terrible when a cop got shot. now when i hear two have been shot in ferguson all i can think is it serves them right. and, quoting, given fed report i'm surprised it took so long for someone to shoot a ferguson cop. they act like mafia. mafia members occasionally get shot. dozens of online messages we simply cannot read because the anti-police language was vulgar at best. and then there were those who celebrated the shooting saying, again quoting, i'm glad two pigs wounded in ferguson. laugh out loud. and witnesses to the ferguson

police shooting don't believe this will lead to calmer heads prevailing but instead further retaliation. listen. >> there's going to be way more tense, going to be more trigger happy now because two officers got shot. >> for the record, 50 officers were killed in the line of duty in 2014 15 of them were ambushed megyn. >> trace thank you. and joining me now a friend of one of the officers who was shot last night. and also friends with officer darren wilson. he's also spokesman for both the st. louis county and city police associations. jeff, thank you very much for being here. and so we have commentators like mark moriel coming on this program, ceo of national urban league coming out today and explaining the reasons for these officers getting shot including one of them in the face, as follows. listen. >> sometimes when officers hear

shots, there's a tendency to overreact. doesn't seem to be any overreaction. having said that it demonstrates that there's still tremendous need demand for change in ferguson, that people want further change. >> if there would just be change in ferguson cops wouldn't have gotten shot in the face. >> well that sort of rationalization just makes me nauseous. >> i mean, the point he would probably make, and others make, you know, in support of him is there is clearly evidence that some of the city officials and some of the cops in ferguson were racist, made terribly racist comments. terribly racist comments. and it's to the point eric holder thinks the police department needs to be shut down. and people feel angry. and they feel targeted. >> well, megyn let's not forget or lose sight of the historical

facts here. the protesters in the streets were not saying hands up don't write me a ticket. they were saying hands up don't shoot. that narrative has been rejected by the evidence that came before the grand jury and the evidence that came before the justice department. and you know eric holder wanted to find wrongdoing on the part of darren wilson with every fiber in his body, and he was unable to do so. and he was unable to admit when they reached their findings that he was exonerated, that that was central finding. instead he pivoted to this report criticizing them for traffic tickets. >> in his defense he says the facts are what the facts are. that he went in there and even though officer wilson your friend, was totally exonerated the ferguson p.d. was not. and he had no obligation to sugar coat racist e-mails to the american public. >> well, the racest e-mails were

deplorable. the three employees were either fired or resigned on their own. but that doesn't demonstrate a racist police department nor do given to black drivers at a lower rate than the state average at a lower rate than the national average. i'm so tired of this big but that comes in the middle of every sentence. yeah, michael brown was trying to kill darren wilson, but they wrote a lot of tickets and somehow that justifies the violence we saw last night. >> i know you said this morning you believe that the protesters got what they wanted, dead cops. really? >> certainly some of them. yeah that's -- and let's not pretend either that this is an isolated incident. for months now there have been orchestrated attempts to kill and injure police officers.

shots fired at police officers every night for two weeks in august. dozens if not hundreds of shots fired at police officers the two nights after the grand jury decision. and then again last night they finally succeeded. and there'd be dead officers before now if it weren't for that so-called militarized equipment that saved police lives. >> wow, let's be glad they did not die these two targeted officers last night. jeff, thanks for being here. >> thank you, megyn. >> just ahead a convicted killer says he's turned over a new leaf and deserves to get out of prison. in part because he plays the flute. and up next, brian here to weigh-in on what one political writer called "the clintons tricky way with words". >> i'd be happy to have somebody talk to you about the rules. i fully complied with every rule i was governed by. 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.

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new fallout tonight from that racist fraternity sing-along at the university of oklahoma that involved repeated use of the "n" word. the chapter immediately disbanded, two members expelled after this video surfaced. tonight we are hearing that the national fraternity is investigating chapters across the country as some critics start to suggest that frats are a problem. earlier i spoke to brian kilme, co-host of "fox & friends." what about these guys that got expelled from the school. how many guys are going to get

expelled? if they find all these guys at sae, texas they're looking, another university they're looking who have sung this song does everyone get booted out of college for having done so? >> how about this you have a weird standard to live up to with the legal background but you have a lot of people clapping, they all knew the words. now you have other chapters who seem to have this down as well. they're looking at the university of texas at austin looking at louisiana tech right now to find out they're doing it. you have set a precedent here where the person's face on camera who says the horrific chant and is paying the price for it they're actually protests in their streets, they're shutting off their block. >> at their home. >> so it's really got -- but they've got to get ahead of this because sadly it's a lot bigger than just that one time and these two kids. >> uh-huh. >> so what are you going to do? for clapping you're out for one semester. >> right. how many people are going to get expelled? >> singing harmony out for a certain amount of time. a bigger problem. >> i got to move on. hillary clinton she was in the

news you may have noticed that this week. >> i did notice. >> she said some things and held a press conference. so she took some incoming for maybe not being as forthcoming as she could have been, perhaps not being as straight with the american people in this presser. and you know phil houston, cia interrogator 25 years, interrogated all sorts of double agents and so on. he actually took a look at it and sent us his thoughts. watch these clips. >> i have to tell you that as i said in my remarks, looking back i think that we have more than met the requests from the state department. i believe i have met all of my responsibilities. and i feel that i've taken unprecedented steps. i think that americans will find that, you know, interesting. and i look forward to having a discussion about that. >> it was just so bizarre. because i wanted to see the performance and the unscripted

situation and she was stuck to that binder. and she was not making eye contact. >> yeah. >> and i did not spend any time in the cia although they wanted me badly. and we both know that. >> for obvious reasons. you know, for bait. >> i would have been mugged a few times. >> phil houston noticed a lot of deceptive behavior he said. he said i think -- i look forward to having a discussion. that appears to convey an unintended message that she recognizes this matter warrants further discussion possibly because she realizes she is not adequately addressing it. so we'll see. what about this problem? as it turns out being nice to women is sexist. >> right. >> you are no longer allowed to smile at women or offer your coat if they're cold or if you think that women should get off the boat first, if the ship is sinking, what say you? >> these aren't random thoughts. it would work it's your show. you can do what you want.

notice no one stops you. that's what happens when your name is on the show. northeastern university i guess they're bored, they observed 27 college students and wanted to view sexism, hostile and benevolent. for example, you're cold, i have a jacket, you don't have a jacket, i give you my coat i'm a sexist. i'm saying somehow i'm superior i can handle it and you can't. >> i knew that instinctually, i thought he's a pig. >> sometimes i'll give you change for a dollar and next time how dare you. >> it's the 21st century kilmeade. >> i'm a guy i can speak as a guy because that's the way i was born you can't win. chivalry is now sexist. >> that's right. sexism literally appears welcoming harmless. ladies, we need to be on the alert for anything that appeals to us in a man. it may in fact be bad for us. did you ever go on spring break

in college? >> i did not. but i watched video sgr you? >> i tried to work, get a job, fill in the gaps. >> this explains why every time you're on boondoggle, i'll go cover it. you're married and have a family, you can't go. >> how dare you. >> well, there's a problem apparently in spring break already in panellas county, florida, the sheriff is defending one of his deputies who is pounding a guy who apparently spat in the officer's face. but now a lot of people online think this officer was out of line. >> i called the county -- >> you did research? >> yeah i did. >> nice. >> sergeant brian bingham would come on with you. he's a monster. this guy had to either pay attention at the academy very closely or he's a wrestler. he was off duty. ten guys came up and said there's a huge fight on the beach. he walks over sees two guys grabs one of them throws them like rag dolls. the other guy goes up he's able to grab both with both arms and

pin them today ground -- >> yeah. >> they said no one gets shot, and guess what? he said law enforcement officials said he could have used a taser. he chose not to. everybody cheered him. these are two 25-year-old thugs with criminal records. >> these are not regular spring breakers. >> not regular spring breakers pretending to be them. >> they just got out of jail apparently. >> yes. >> good move first thing to do is spit in the face of a cop. the parole officer goes over that with you ways to return if you want your three squares a day. >> the problem is when you start drinking go to the beach on spring break don't bring a list of things not to do. instinctively i would know not to do that. i love this guy. are you impressed with my ri search? >> actually, i am. if you would just do this on "fox & friends" it could be a real hit. >> that hurts my feelings. you got like nine kids running around. >> ity tivo it every morning.

it starts at like 4:00 in the morning. >> it starts at 6:00 to 9:00 and radio after. >> up next, the convicted killer who thinks his musical talent should earn him a get out of jail carararararar

a convicted cop killer fighting for parole arguing he's a changed man with big achievements like learning how to play the flute. >> he shot officer waverly jones execution style in the back of the head. jones was black but herman bell said "a pig is a pig." this year the parole board denied his freedom for the sixth time. and now bell is trying to get that ruling overturned saying he's a changed man.

he's got a masters degree, even learned to play the flute. he's also claiming remorse saying "i forever deny joseph -- and waverly jones all contact with their loved ones. those two men never saw their children grow into adulthood, their wives and families were deprived of their love and guidance. that was my doing my fault." here's his attorney. >> what we're saying here is it's not just a de facto denial every time you have mr. bell or someone in his position come before the parole board that everything the nature of the offense just trumps everything. that's not the law. and it's not fair. >> but the widow of joseph says it's more than fair because he's alive while her children's father is not. listen. >> bell he's got a family. he sees his family. he should remain in jail. he should never get out. he deprived my husband of a life with his family.

>> and if a court rules in his favor, he would be the first black panther set free after killing a cop. megyn. >> trace gallagher, thank you. we'll be right back.k.k.k.k.k.

getting a lot of reaction to the show on facebook.com/thekellyfile and on twitter @megynkelly. lots of reaction to kilmeade. i love him. he makes me look like a genius. that's not nice. although in his defense he goes onto say sports issues and misspells sports. brian has that going for him. thanks for watching everybody. we're still taking your

>> good morning. it is friday march the 13th. we start out with a fox news alert. a massive manhunt right now for the person who shot two police officers in ferguson missouri. what we have learned about who is being questioned as the protests continue in the streets tonight. >> obama's response on late night tv. >> you can't generalize about protestors it turns out had some very legitimate grievances. >> what else he had to say in his first comments about the shooting. >> new clues 8 years after a teenaged girl vanished without a