acidulous, a new one, when writing to "the factor." again, thanks for watching us tonight. ms. megyn is next. i'm bill o'reilly. please remember the spin stops here cause we're definitely looking out for you. breaking tonight, pressure is building as "the kelly file" leads the charge on a key question in hillary clinton's e-mail scandal. did she sign a separation form and commit perjury as she left the state department? this as team clinton now changes its story about how it deleted allegedly personal hillary e-mails. and a key clinton ally makes an on-the-record admission that directly contradicts what mrs. clinton told america. welcome to "the kelly file" everyone. i'm megyn kelly. it is a simple question still unanswered. almost one week ago in a "the kelly file" exclusive we broke the story on live tv. did then-secretary of state clinton sign a separation agreement as she left the department in 2013?

the form is of-109. and the question tonight is did hillary clinton sign it? and if not, why not? that's what we're going to stay son. that form would have required her to certify that she had surrendered all of her work-related documents to the agency before leaving. we know that hillary clinton did not surrender those documents. by the way she would have had to let them review the dockuments she claimed were personal too, but if she signed the form saying she had returned to the state department all of the documents, that's a potential felony. here's what shannen coffin told us last wednesday, a former d.a. himself. did she commit a crime? >> 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 $55,000 records sitting in your home. if you do that it is a felony. >> that night we asked the state department a very simple question, did she sign of-109 or didn't she? they didn't answer. the next day we asked again at the state department briefing. >> i think this has been asked it was more than two years ago. i don't have an update on that specific question at this point. >> the day after that as our exclusive gains more attention, more of the media began to take notice. the state department now had two full days to work on it. and here was the response when the associated press followed up on our story. >> yesterday you were asked if you knew whether secretary clinton signed this separation statement. >> i don't have an update on that. >> you expect to be able to answer that? >> i hope to yes.

>> at that point "the kelly file" took matters into its own hands. we filed a request under the freedom of information act, or foia on friday afternoon trying to compel the state department to provide an answer. under the law all federal agencies are required to respond within 20 business days unless there are "unusual circumstances," none of which applies here. today five days after we asked a very simple question the state department still had nothing to offer. >> i mean, how hard can it be -- >> i understand why you're asking. we're looking to get an answer. i don't have an answer today. >> meanwhile our own ed henry taking the question straight to the source putting it directly to mrs. clinton as she arrived at an event in manhattan. watch. >> reporter: hello, mrs. secretary clinton, did you sign that statement? >> which brings us to tonight and two new major twists in the story as team clinton changes its story and a top clinton ally

apparently goes off script. judge andrew napolitano is our fox news senior judicial analyst. they are still stonewalling. they either don't know whether she signed that of-109 or they know and won't tell us. but somebody at state is putting poor jen psaki in a terrible position. >> well, absolutely. if mrs. clinton did not sign that document, then she stole federal documents from the federal government. if she did sign that document she committed perjury. because the document says i certify that i have surrendered everything to you. look, the premise of the law the government keeps the documents while you're in office. when you leave you tell the government which ones you want. the government looks at them and decides which ones you can have, presumably personal ones. she denied the government the ability to do that and now she keeps changing her story. >> and it's a very simple question. when jen psaki was asked today did you look there's got to be a

file on all the state department employees. she said, well she's a top official. all the more reason why it would be easy to find. there's going to be a very narrow file with respect to all former secretaries and just open it up and look. you can't tell me they don't know. >> look, before she leaves the building on her last day in office she's supposed to sign that document. and an official at the state department is supposed to sign another document and say i certify as and fills in his or her title and that the secretary of state left all their files with me. where's that document? >> guess what? we foiaed that one too. we asked for two documents, very simple, yes or no do they exist? that is simple. who at state is making this call? that's the question we need to find out now. it's not jen psaki. >> this is a potential catastrophe for her. may even involve secretary of state kerry whose job it is to assure that his predecessor's documents are there at the state department and who we now know he knows even though he's in

iran negotiating god only knows what, we now know that he knows that her documents are not -- >> that is a two-second order. find the document, answer the question yes or no. in the meantime her other story appears to be falling apart why she did this in the first place. she came out and said it was convenience which a lot of people doubted. she's a clinton. >> she didn't want to carry two blackberries with her even though we know during much of her professional life she carried two. >> the clintons have been through a lot of investigations, so people had questions about this convenience excuse was real. listen to what she said last week and listen to what carville said on sunday. >> i opted for convenience to use my personal e-mail account because i thought it would be easier to carry just one device. >> i suspect she didn't want louis gohmert to rifle through her e-mails which seems to me to be a reasonable step to take. >> a reference to congressional

oversight. congressman gohmert a former judge, is on the house committee to which the secretary of state reports in justifying her behavior. >> she didn't want him rifling through. >> she shouldn't have become secretary of state. >> doesn't work that way. >> so jim carville who we know at one time worked here apparently saying don't believe what she said last week. she was trying to frustrate congress's lawful authority. >> off script. last question they originally said last week that the way they determined what they were going to delete was just some keyword searches and if it appeared to fall within that keyword search and sounded businessy, they produced it. if not they deleted it. in to which response everyone says what? that's not okay. you can't have a mass deletion because they didn't have your key words. >> the story today is that her legal team read every word of every one of the 32,000 e-mails that she decided to delete. that's not possible. but even if it were it's for the government to read. >> right. >> not for her own agents and

lawyers loyal to her. >> that's the point. don't get too caught up in whether she deleted it this way or that way, the bottom line is it wasn't her choice to make. >> precisely. >> we'll see if she certified otherwise in her of-109. good to see you. >> good to see you megyn, always. >> we posted that form of-109. we told you you will be hearing more about it. certainly you have and will. we have also posted our freedom of information act request on our facebook page. trust us, the show that broke this story is staying on this story until we have an answer. hey state, free jen psaki. plus, new fallout tonight from the brutal beating. this is terrible. of a teenage girl. and a 5-year-old child at a park. have you seen this? were they targeted because of race? and then with israel's elections just hours away, new details next on a senate investigation into whether the obama administration is trying to influence the outcome in this

very tight race. plus, headlines across america screaming ted cruz terrifies little girl. tonight, what really happened and what the child's mother is now saying about it. >> the obama-clinton foreign policy of leading from behind the whole world's on fire. >> the world's on fire? bring your vision for the future to life. for more than 145 years, pacific life has been helping families achieve life-long financial security with innovative tools and strategies. talk to a financial advisor to protect your family and plan today. pacific life.

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breaking tonight we are just hours away from people lining up to vote in the israeli elections. with prime minister netanyahu trailing now in the polls, we are getting reports that a senate committee here in america is now investigating possible administration involvement in trying to defeat mr. netanyahu in this election. watch this remark from benjamin netanyahu in an interview with israel's channel 2 over the weekend. >> translator: there is a huge international effort with major money that is partnering up with leftist organizations here and also with media figures in order to bring down the licud government i had. >> how about that? chris stirewalt joins me now. chris, is this a republican thing and the senate investigating this? >> it is said reported to be bipartisan by our colleagues at

foxnews.com. and certainly there is -- the simplest way i can put it is this administration's been trying to defeat benjamin netanyahu for a long time. this goes back to 2009. what could be different here, what could be consequential here is money. funds that were provided to an ngo nonprofit group that sounds like a nice-nice. it's about -- i can't remember its name right now. >> one voice. >> one voice. that it's about bringing everyone together. exactly. and then it turns out that they get money from the u.s. department of -- we give a lot of money to a lot of different groups around the world that are do-gooder groups. this group then decided it was going to have an unprecedented political effort. now, they would say that is different from the money we get from the united states. >> that's what they did say. >> and the analogy -- >> they said, hey, state give us this money. we did so much good with it.

and later we had to use none of that money to help this other group trying to get netanyahu out. >> it's the same kind of argument that planned parenthood makes in the united states where they say, oh yes, we get lots and lots of money from the united states government and taxpayers, but that goes on this side of the building to do women's health issues. it doesn't pay for abortions. and the critics say what's building the structure? what's holding you guys open? how are you open? you're open because of the federal money. >> money is fungible i get it. what happens if this bipartisan panel determines that we did interfere? this grant went to a group to use money even if not that money, to try to defeat netanyahu, then what? >> consequences for bad action and corruption in washington are awful rare these days. but for netanyahu the interesting politics. obama is hugely unpopular in israel even among people less conservative than netanyahu. and barack obama being seen

as -- or his administration being seen as trying to interfere with this election and trying to defeat netanyahu should be a help to him as people are getting ready to go to the polls. that idea would be helpful. >> did you say rare is hence teeth? >> yes. >> what are henceteeth? >> see the hen has no teeth. >> oh hen's teeth. i was like what? must be terrible to become a thing. good to see you. got to go. >> bye. >> the big question tonight hen, they don't have teeth. who would ever look? do you do this on the hen? the big question tonight is what does it mean for the usa if israel has a new leader tomorrow? governor mike huckabee joins me now. he's a potential 2016 contender and he met with prime minister netanyahu in israel just last month. governor, good to see you. it's usually you throwing these weird sayings at me and i'm trying to figure out. chris from west virginia, you're

from down south arkansas too. what does it mean for the usa if netanyahu is out this time tomorrow? >> we won't know if he is out tomorrow. even if he comes in second it could be several week bfrs a coalition government is formed. in fact, netanyahu came in second in 2009 still ended up becoming prime minister. so the elections in israel are very complicated. there are 11 different parties vying for power, not two. let's assume for a moment that should happen god forbid from my perspective then a couple things happen. popping of corks of champagne in the white house. but ironically the real la menations are coming from like jordan egypt saudi arabia. because herzog has said that he trusts president obama to get a good deal with iran. so i would say that the israelis are going to make a tough decision. if they trust president obama to properly deal with iran, then

herzog is their guy. if they don't think that president obama is anything other than an appeaser, they better vote for netanyahu. >> netanyahu has gotten increasingly strong in his rhetoric in the past couple of days. apparently understanding that he might lose this thing. and he's taken some positions that have made some big headlines. like he's now said he's against a two-state solution. that there will not be a palestinian state. which is a reversal of a big speech he gave back in 2009. and he's saying he's going to expand the jewish settlements which have been such a source of contention in these mideast peace negotiations. so he's really sticking it in the eye of the palestinians in terms of any peace deal that has been attempted in the past. what will that do if mr. netanyahu's re-elected? >> well i think it's a position of realism. there is no real legitimate two-state solution to be had. it's a wonderful political

concept. but having two different governments, one of whom doesn't really even acknowledge the existence of the other one trying to govern the same piece of real estate is utterly unrealistic. i never thought it was a legitimate way of solving anything in the middle east and obviously it's not worked and will never work. i think what netanyahu is attempting to do and hopefully doing is appealing to the people on his right when he took that position of the two-state solution back in 2009 he was clearly trying to appeal to the center. but his problems right now are not on the left. his problems are on the right. and he has to shore up that support. one of the interesting things that happened just hours ago 12 hours before the elections started in israel, is that tippy libne going to be rotating with herzog announced no longer going to be rotating. herzog will be uniquely and

unilaterally the prime minister -- >> so confusing. what does that mean? rotate in rotate out like a baseball team? i can't understand it. i thought of my favorite southern saying inging while you were speaking, bless her heart. >> if somebody tells you bless your heart, megyn, that means you're about to be filleted like a cheap fish. >> i like that. what'd she do? good to see you, gov. >> thanks. we have also been digging tonight into the story of the millionaire just charged with a murder that took place 15 years ago. and the role of an hbo series in helping cops catch this guy. did you see me on o'reilly discussing this case? we're going to go in-depth. this is unbelievable. plus, some media outlets accuse texas senator ted cruz of terrifying a 3-year-old girl at a campaign stop. up next, what we learned when mom spoke out. >> the obama-clinton foreign

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a major development in the shooting of two police officers in ferguson missouri. a 20-year-old man is arrested and admits to firing the shots. after the arrests protesters and even some public officials went out of the way to suggest that the shooter was not a part of the crowd. but that argument did not hold up for long. >> he is a demonstrator. he was out there earlier that evening as part of the demonstration. he's been out there on other occasions as part of the demonstrations demonstrations. >> all righty then. officials say it's possible this man was firing at someone other than the officers. but they don't completely buy that. it's not that helpful to say i was trying to murder somebody

else. so like totally innocent of hitting those two cops. also developing tonight, a mom is setting the record straight after news outlets across the country accuse potential 2016 candidate texas senator ted cruz of scaring her 3-year-old daughter during a recent speech. shannon bream live in the studio. >> good to see you. listen, this thing about cruz is they're going after him taking jabs saying he was a monster essentially. it's all about this unscripted moment on the campaign trail with a 3-year-old little girl. she took his words very literally. here they are. >> the obama-clinton foreign policy of leading from behind. the whole world's on fire. >> the whole world's on fire? >> the world is on fire, yes. your world is on fire. but you know what? your mommy's here and everyone's

here to make sure that the world you grow up in is even better. [ applause ] >> well, new york magazine blasted out this headline "ted cruz's new campaign strategy: scare tiny children." media wasn't far behind with this one "ted cruz scares little girl: you're world is on fire." your world is on fire ted cruz wants this terrified little girl to know the end is nigh. went onto use words like fear monger, crazy and nuts and accused cruz of horrifying a young speech goer. but her mother, michelle, who is a fan of cruz explained to her little girl july ya that cruz is like a fireman he's going to put out the blaze. she says her daughter was completely happy with that explanation and went back to playing a game on her mom's phone and asked when could she get a cookie. her mom explained this all to reporters who cornered her after the speech and here's what she

said today about chatting with cruz afterwards. >> he's incredible. so friendly. he gave my daughter a big high five. he was great. and she was she was so happy. she was actually calling him uncle cruz for the rest of the day. >> uncle cruz? by the way the guy who posted this whole thing on youtube says he was sitting right behind the little girl, she never appeared frighten frightened. he said the same thing, she went right back to using her mom's phone and playing the game. some people can't let the facts get in the way of a good story. >> you know, but the moment is really funny. >> yeah. the world is on fire? >> what? you just know that's going to wind up on late-night in some fashion. >> yeah tonight, we'll watch. >> if cruz is smart he'll have fun with it himself. good to see you. >> you too. we have information on the millionaire just officially charged with a murder that took place -- have you been watching this? >> i can't stop. >> oh melissa francis turned me

onto this and i had no sleep last night. this guy now charged with the murder that took place 15 years ago. and some serious questions now about the role of the hbo series in catching this guy. that's next. and, after first responders suggest a voice from beyond the grave may have helped them save an infant child's life, we are now getting the new footage of a first responder who was actually there for the rescue. whose voice do you think it was that the rescuers say they all heard at the scene? go to facebook.com/thekellyfile. leave us a comment, tell us what you think and stay tuned. >> we heard a voice, a distinct voice. we actually heard someone say help me, help me now, that type of stuff. it's more than the cloud. it's security - and flexibility. it's where great ideas and vital data are stored. with centurylink you get advanced technology solutions from a trusted it partner. including cloud and hosting services - all backed by an industry leading broadband network

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with the first-degree murder of his friend susan berman. tonight he's being held without bail in louisiana where they nabbed him. many have been following this man's story in an hbo series that may have helped cops -- well, they did, reopen the cold case. in last night's chilling finale to the six-hour docudrama, filmmakers played comments by durst that sounded very much like a confession to three murders which until now he has always denied. >> kill them all, of course. >> the lapd says the charges come after a two-year investigation. trace gallagher brings us up to speed from our west coast newsroom. trace. >> and, megyn, now you see why hbo was so interested in doing this miniseries. you have a cross dressing

million-millionaire pretended to be a mute woman -- against the advice of his attorneys robert durst agreed to extensive interviews. watch. >> the police made a big deal out of the idea that you had gone to california around the time that susan berman was murdered. >> california's a big state. >> susan berman is thought to be victim number two. she was durst's friend and even occasional spokesperson. she spoke on robert's behalf after his wife kathy mysteriously disappeared in new york in the 1980s. prosecutors had had long believed durst killed his wife but couldn't prove it. then when they were about to reopen the case of kathy durst and interview susan berman berman went missing. police later got an anonymous letter telling them where to find her dead body. the letter was in block writing and misspelled beverly hills. hbo producers then uncovered another letter durst sent to

berman's home in 1999. it too was written in block letters and misspelled beverly hills. watch. >> what does that say to you? >> i mean, the writing looks similar and the spelling is the same. so i can see the conclusion the cops would draw. the right person would conclude they were both written by the same person. >> i'm searching for a way to figure out how you didn't write the cadaver note that is so similar. >> well, what i see the similarity is the misspelling in the beverly. other than that the block letters are block letters. >> so you wrote one of these but you didn't write the other one? >> i wrote this one, but i did not write the cadaver one. >> a forensic document expert says the letters were written by one person. former prosecutors say the letter alone was enough to

reopen the berman case, but instead they got something better. while hbo was conducting the interview about the letters, robert durst excused himself to go to the bathroom. but his microphone was still hot. we are now about to play you everything he said inside that bathroom. listen. >> here it is. you're caught. you're right, of course. but you can't imagine. i don't know what's in the house. what a disaster. he was right. i was wrong. and the burping.

i'm having difficulty with the question. killed them all, of course. >> when he says, killed them all, durst is also referring to his neighbor in texas who he chopped up and tossed into galveston bay. but he pled self-defense and a jury believed him. the lawyer who got him acquitted in that case is now back on the job. listen to him. >> let me just say that we came here to waive jurisdiction and to go back to california and to get it on. bob durst didn't kill susan berman. he's ready to end all the rumor and speculation and have a trial. >> hbo was working with police, but police say durst's comments are not necessarily why he was arrested. megyn. >> trace thank you. but the big question tonight, what new evidence will

prosecutors use in their capital murder case against robert durst? here's our legal panel. arthur aidala, a new york trial attorney and fox news contributor and mike eiglarsh, former prosecute and now defense attorney. this has been a stunning docudrama. it was stunning to watch. they had the envelope. it was clear. the killer wrote the one envelope and the letter to police saying there was a cadaver in this building. and then came the other envelope that the filmmakers unearthed that was obviously robert durst's handwriting. it couldn't be more clear, could it arthur? >> well as you can bet your bottom dollar that his legal defense team will have one expert if not four testify at trial that why they are not the same handwriting. they'll say, well, you'll see how the s is curved and completes the l on the bottom one and on the top it doesn't. there are experts for hire all around. but i do agree with you, megyn, that this is more -- i believe

the envelope is more substantial evidence than his rambling on in the bathroom. you give those ramblings onto a great lawyer like johnny cochran and he will have the judge's head spinning about burping and this and that is and he will create reasonable doubt. the burden is on the prosecution, not the defense. >> sadly that's true, mark. >> right. well, not sadly. it's a pretty good thing. i like the constitution. >> i do too, but you know -- those same lawyers who got him off -- >> yes. >> on self-defense after he chopped up the body, he admitted to chopping up the body and throwing it in the bay down in galveston. those are the same lawyers going to defend him on this. >> these are not rookies. apparently he didn't listen to them when they told him keep your mouth shut. this is why we tell our clients you do not talk with anyone about the facts of the case. that's why he's in the pokey. i disagree with arthur.

i think these statements are very compelling. i think it takes the presumption of innocence and changes it now to i don't know, we think you're probably guilty. we need a little bit more and then those letter. they don't need experts to have analyze whether it's the same handwriting. my 13-year-old -- >> that's it. >> -- knew right away. >> that's it. it's so obvious. it's one thing when it's ambiguous and you call in the experts. but who are you going to believe, defense lawyer expert or lying eyes, misspelling of beverly -- look at them. letter for letter. it's him not to mention all the ties he had with the victim, all the reasons he had to kill her which were that janine pero had just called her up saying i want to talk to you about the disappearance of this woman who happened to be marry today this guy, robert durst. and this guy apparently decided, arthur, that victim was never going to talk to the judge. >> let me be very practical. what you just said probably will not come into evidence.

there is no proof that the motive of killing her was that someone was trying to stop from giving testimony. it's in the media. but whether a judge allows a jury to hear that -- >> but it goes to motive. >> excuse me. it's just a guess. there's no evidence -- >> what is any proof of motive? it's usually a guess. >> first of all, the prosecutor does not have an obligation to prove motive. so it's an objectionable piece of evidence that comes in number one. number two all they're saying is they're investigating whether she was killed because she had that information. they don't know if she had the information. you're correct it would come in -- >> they don't have to prove she had it. they only have to prove he was afraid of it. the worst thing for him is he put himself in the apartment by saying that the killer had to write that one note that said cadaver in this body -- obviously the killer had to write that. and that handwriting matches his own exactly. go ahead mark. >> i agree with him.

it's not let it all in and all of a sudden bring in a prior incident that he's not on trial for. however, the judge can let it in as you stated for motive. and in a close call he's going to let it in. >> before i let you go, very quickly, do you think the confession as we're calling it is going to come in? a lot of lawyers have said it's not admissible. >> absolutely. >> no i think it's definitely coming in. >> definitely. >> there's no law enforcement involvement here. >> even if the reporter -- the filmmaker was talking to law enforcement at the time? >> speaking to law enforcement is not enough, megyn. it would have to be at the law enforcement's direction. leave the microphone on and show him these and maybe he'll confess. >> it's not -- >> you can still get it on hbo and well worth your time. great to see both of you. >> thanks, megyn. new fallout tonight from the brutal beating of a teenage girl and a 5-year-old child at a park. this is terrible. have you seen this? were they targeted because of race? laura ingraham is next.

>> the other video is more disturbing when the kid gets hit. and that's child abuse. it looked like black-on-white, but i don't know where holder is but it could be a hate crime there. we live in a pick and choose world. choose choose choose. but at bedtime? ...why settle for this? enter the sleep number bed. designed to let couples sleep together in individualized comfort. sleepiq technology tells you how well you slept and what adjustments you can make. you like the bed soft. he's more hardcore. so your sleep goes from good to great to wow! now we can all choose amazing sleep, only at a sleep number store. right now, you can save $600 on the number one-rated i8 bed. know better sleep with sleep number. i accept that i'm not 21. i accept i'm not the sprinter i was back in college. i even accept that i live with

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[ bleep ] [ bleep ] [ bleep ] [ bleep ]. >> stop! >> tonight, the alleged attacker is under arrest but for a different fight that she had later that afternoon. and people who have watched this tape are starting to ask some tough questions. marsela of our fox news affiliate in indianapolis just filed this report. >> reporter: detectives with the indianapolis metropolitan police department told me they plan to file charges against the teenager seen in that video beating up another girl her age. the charges could be filed either tonight or tomorrow. the video has gone viral. and in it you see a girl who is 14. and it appears she is attacking another 14-year-old girl. later in the video the accused attacker shoves a 5-year-old boy

to the ground. it appears that 5-year-old boy was trying to defend his stepsister. they believe this attack happened saturday morning at an indianapolis park. and detectives were notified this video exist and had that it had been posted on the internet and social media sites. everyone on that tape has been identified. detectives tell me the girl, who they believe is the suspect was arrested saturday night on a separate incident. they arrested her for disorderly conduct and accused her of throwing punches with a 12-year-old girl outside of a mall in downtown indianapolis. authorities have not disclosed any information about a possible motive. detectives continue to investigate. back to you, megyn. >> joining me now with more, laura ingraham, the host of the nationally syndicated talk show "the laura ingraham show." you're a mom. i'm a mom. and yet when you watch that fight, you realize even those

attackers are somebody's child. how do we get to this point? >> megyn, i watched it now that was the third time i've watched it. you and i have kids about the same age, i have a 10-year-old, almost 5-year-old, almost 7-year-old. and the two youngest are boys. and a couple of things i want to focus on number one, the stepsister defended her brother. let's look at the positive. defended her brother at risk to herself. she kept grabbing to protect him. they came at her again, okay. so that was the good thing. obviously we have unsupervised teens with what must be no role models, no adults at home who are in the midst of a wilding. this appears to be -- the audio you heard was get the blank blank i don't want to say it, all the social media indicates

there was racial -- >> if you listen to the tape the incidents report the victim say what did i do what did i do, one of the boys in the group appears to answer you white b word. >> i think that was said at least one time and other commentary on social media initially posted by the individual who took the video. so remember they're videoing the ambush in broad daylight of a young teenage girl who appeared to be caring for or watching over her little brother. they tried to run away after she was kicked in the head, could have been paralyzed megyn with that type of kick to the top of the head, shoving the neck down. could have been paralyzed. she gets up and starts to walk away. they go after her again. and that's when they throw the little boy down on the cement. now, any time that anyone mentions the phrase black-on-white crime the usual

people and other networks and other websites will say that's racist. you can't say that. there is no such thing as a hate crime going the other way. and i would say if criminals are acting on the basis of racial animus a lot of racial attacks on both ways after ferguson, but there have been a lot of black-on-white crime, remember the hammer attack on the bosnian community. that happened in st. louis. we had the couple attacked by a number of african-american young males reported about a month after the initial ferguson con con -- a lot of these attacks go unreported or they're reported initially and then we never hear from them again. and the bosnian community megyn, actually opened up an investigation. i have not been able to find the results of that investigation. >> but listen, what do you make of the fact -- obviously there may have been a racial element given what we heard on the tape or what has been reported on the tape.

but, i mean is this a fatherless issue? i'm not limiting that to black families. there are plenty of white families that have no fathers either. but we've got an epidemic now in the country of single-parent homes where kids are left alone. and even in two-parent homes where kids are being taught the wrong thing. >> this is at its core a spirit spiritual problem i believe, in our country. it crosses racial lines, ethical lines. everything that happens in our society isn't about race. it looks like it may have had a racial element to it, but regardless of what happened we have teenagers enjoying the brutalization of other teenagers and little boys 5 years old. they have no regard for him. >> the physical wounds will heal, but the emotional wounds from a beating like that won't. i mean they just won't. >> megyn again, broad daylight.

broad daylight. >> trying to figure this out. i don't have this figured out. >> spiritual core. we need spiritual healing in this country. and we need parents who care. >> i'm going to leave it at that. up next, a positive story. don't go away. paper towels, sprays, wipes, sponges. and these floors? disinfectant cleaner, mops and "wet floor" signs. how long does it take to reheat cod? we also have air fresheners. make on-budget happen. make cleaning up happen. staples. make more happen. congratulations. you're down with crestor. yes! when diet and exercise aren't enough, adding crestor lowers bad cholesterol up to 55%. crestor is not for people with liver disease or women who are nursing, pregnant, or may become pregnant. tell your doctor all medicines you take. call your doctor if you have muscle pain or weakness, feel unusually tired have loss of appetite, upper belly pain, dark urine or yellowing of skin or eyes. these could be signs of serious side effects. i'm down with crestor! make your move. ask your doctor about crestor. whether you need a warm up before the big race...

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and see what's possible... botox® cosmetic. it's time to take a closer look. we are getting a new look today at a story that sounds like something of a miracle. after an infant girl is saved from what seemed like certain death by what first responders call a voice beyond the grave. trace gallagher live in our west coast newsroom. trace. >> megyn you have to remember this was a series of events that saved this baby's life because you couldn't see the car from the road. so if a local fisherman hadn't waded into that river when he did, it's very unlikely the car would have been spotted in time. this is all body camera video. i know it's a little shaky but

it's very dramatic. watch, after they turn the vehicle back over and pull the baby out. play this. >> you got it? pass her up! pass her up. pass her up. >> go! go! go! come on baby. she's definitely hyperthermic. she's freezing. >> now a sense of urgency, now to the voice inside the car. the police officers and firefighters say it pushed them harder because they knew someone was alive. so they got together and they actually turned the car over. all the while they could hear an adult voice saying help me help me now. they all heard it. they just can't explain it. >> we all together said, yes, we heard that same voice. when we really talked about it it was then that it kicked in the mom was obviously deceased when the car was flipped over and the baby was unconscious at the time.

so for us it was just processing. still processing what occurred and what happened. >> baby lily was in that car for 14 hours. she has now been released from the hospital. she is going to be fine, megyn. as for the voice, well, draw your own conclusions. >> gosh. i mean, i said it was going to be a positive story. it's a sad story but one that really gives you pause. whose voice do you think it was the rescuers heard? facebook.com/thekellyfile. we'll be right back.

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tomorrow night attorney shannen coffin, the man who walked us through of-109. we'll update you tomorrow and every night until we get an update on that form. free jen psaki. see you tomorrow. tonight the hillary e-mail scandal continues. team clinton now says that every e-mail that was deleted was reviewed. >> i don't care about her yoga. i don't care about bridesmaids dresses. but who gets to decide what's personal and what's public? >> but a long-time clinton ally may have revealed the real reason she won't give them up. >> i suspect she didn't want louis gohmert rifling through her e-mails. >> the israelis head to the polls tomorrow as prime minister netanyahu fights for his political career. why are obama operatives working to unseat the prime minister of israel? plus, robert durst arrested for murder. ainsley earhart has the