again, thanks for watching us tonight. please remember the spin stops here. we are definitely looking out for you. breaking tonight after nearly a week of questions, the state department offers an answer, sort of. welcome to "the kelly file," everyone. i'm megyn kelly. does hillary clinton live up to her state department's own policy? and sign a separation agreement known as an of-109 form that she turn over all official documents before she left the agency. today, a response. >> can you put to rest the questions that you have not been able to answer to this point about former secretary clinton, whether she signed this

separation form or not? >> well we have reviewed secretary clinton's official personnel file, and administrative files and do not have any record of her signing the of-109. >> it's your understanding, though, that not completing this form is not a violation of any rule or regulation? >> it's not a violation of any rule, no. >> when you said that you found no record of her two immediate -- was had her two immediate predecessors? >> correct. >> secretary rice and secretary powell? >> yes. >> you're certain none of them signed it? >> these are have at the state department. >> is it your understanding that some people did and some people didn't, but no one was required to? or just the secretaries? >> well there are differences between regulations and certainly recommendations. and i'm just getting at -- there's a difference between also secretaries of state and former secretaries and staff at

lower levels. >> first, a word on what you just heard, and kudos to matt who has been on this case. miss stockey suggested that secretaries at that level, they might not be subject to the same rules as staffers. that is false. the rules point out that appointees must also follow the protocols. she said she couldn't find the forms from mrs. clinton's predecessors. the issue was never, is mrs. clinton signing all the forms she's supposed to be signing? the issue has been whether hillary certified that she produced a bunch of documents that we know she did not produce. this is about mrs. clinton. and what she certified under penalty of perjury. now we're told she never said that she returned all the public records. and of course we know she could never have honestly signed that form. but here's the real point. of-109 makes clear, if you are keeping federal records at your house you're committing a

felony. so if she had signed it, we would have proof that she knew what she was doing was illegal, now that we're told she didn't sign the form does that prove she didn't know? she wasn't entitled to keep the documents? well that will be up to the public to decide. hillary clinton, a graduate of yale law school, in the white house for eight years an accomplished attorney, secretary of state, and even had someone fired in part for not complying with federal record keeping requirements, did that hillary clinton know it was illegal to conceal these records for six years? if she did, she appears to have committed a crime. that's what i tried to explain to fox news' own juan williams today on "the five." >> i still think it's the case that she broke no law. i think that's what all of this -- >> you don't know? >> we've got to find a document do this, do that. everybody's so afraid of her on the republican side they're just trying to tear her down. >> how can you say that?

the law says it is a violation to willfully conceal your records -- >> but feel at the federal records act say she broke no law. >> listen, i'm an attorney, and shannon kaufman is an attorney who worked in the white house, and i looked at the law. i believe it's obviously room for disagreement there. >> i don't think she broke any law. and i think by the way -- >> based on what? it's willful concealment. >> there's no willful concealment. >> how can i not prove it? how can it not be proven? >> let me finish it here. >> requests are coming in. congressional demands are coming in. litigation requests are coming in. she doesn't produce any of the documents. how is that not concealment? >> she said she had nothing classified -- she said nothing sensitive in anything that she wrote. >> joining us, the man who first broke this story, former doj civil division assistant

attorney general. shannon, good to see you. >> happy st. patrick's day. >> and to you. let's just start where i left off with juan. the law is clear separate and apart from of-109 which now we know she dodged or they just didn't offer to her, the law is clear. i refer the audience to 18 usc, u.s. code, whoever having the custody of any federal record willfully and unlawfully conceals or destroys the same shall be fined or imprisoned or both. and shall be disqualified from holding any office under the united states. if she willfully concealed these e-mails, not only did she commit a crime she cannot be president. so the stakes are rather high. >> absolutely. i wrote about that particular statute online several weeks ago, when this story broke. and it is a statute that quite

plainly says that the custodian of a record who hillary clinton would be in this case can't conceal or destroy it. now, she certainly has a concealment problem when she's hiding the existence of at least 30,000 records. she might have an obstruction problem given the strange review process that her lawyers went through, which resulted apparently in the deletion of 31000 records. >> people like juan continue to say, she committed no crime. there's no evidence she committed a crime. you say what? >> there's edence that would at least raise questions about whether she's committed a crime. that crime depends upon state of mind, which is willfulness, and willfulness requires a, that you know that what you're doing is wrong, and you know that it's a crime as well. now, that's an issue that a

prosecutor would have to look into. and what evidence you have. but you pointed out some of the evidence. that she was basically letting go one of her ambassadors for doing something very similar, setting up a private e-mail system in an embassy. >> not only that, but she was a practicing lawyer for many years. she herself is an attorney. she was in the white house for eight years. and she was atop the state department as secretary for four. to suggest she had no idea what her obligations were under the federal records act is absurd. >> megyn, the federal records act says that the obligation of the department is actually the obligation of the secretary. the federal records act says the secretary is responsible for preserving all of the records of the agency. it falls on the secretary of state for the department of state to be the responsible party. so the federal records act is very clear that hillary clinton is the one who bore the

responsibility under the law. >> now there's a question not only whether or not she violated section 207-1-b, which we put on the board, but also a statute that makes it illegal to obstruct justice. >> right. >> and that relates to the deletion of e-mails. just concealing them, just keeping them in her house and not offering them for all those years when the requests were coming in and so on, that could be a crime. but there could be a second crime related to the destruction of the e-mails. explain. >> well, that same statute actually deals with concealment as well. it's concealing or destroying documents for the purpose of evading of an official inquiry by an agency, or the possible investigation. and this was a law that actually passed while hillary clinton was in the senate, in 2002, and it is designed to prevent exactly the sort of thing that we're

concerned about happening here. it's designed to prevent someone from saying, hey, i know they're after me or they might come after me so i better hide or destroy these records. and again, it raises serious questions, and professor ronald rotunda in the "wall street journal" wrote a very good op-ed about that today. >> i recommend everybody read shannen's piece posting on hillary clinton for the past week or so. really thoughtful in-depth writings. we appreciate your expertise tonight. shannen, thanks for being here. >> thank you, megyn. also developing tonight former vice president dick cheney rips president obama in a new interview, detailing why he thinks mr. obama is, he says, the worst president in the last 70 years. tomorrow's big story is next. plus, a liberal writer has a moment of brutal honesty about what really happened in ferguson, missouri. and he gets attacked for it by the left.

howard kurtz is here on this controversial mea culpa and who may else may need to say they're sorry. >> brown never sur rund erd with his hands up. ♪ during its first year, a humpback calf and its mother are almost inseparable. she lifts her calf to its first breath of air, then protects it on the long journey to their feeding grounds. one of the most important things you can do is help the next generation. at pacific life, we offer financial solutions to accomplish just that. ask a financial advisor about pacific life. the power to help you succeed.

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once the second most powerful person in washington former vice president dick cheney slamming president obama in some of the toughest terms we have heard. the remarks came during a lengthy interview with fox news' own james rosen, parts of which are now being published in "playboy" magazine. mr. chen saying, quote i look at barack obama and i see the worst president in my lifetime without question. and that's saying something. i used to have significant criticism of jimmy carter but compared to barack obama and the damage he's doing to the nation, it's a tragedy, a real tragedy, and we're going to pay a hell of a price to try to dig out from under his presidency. mark is a former chief writer for president george w. bush and joe trippey is a former campaign manager for howard dean, who has worked on a number of presidential campaigns. both are fox news contributors.

mark, you hear that from republicans a lot. they seem to dislike president obama so much, not personally, but his policies that you hear that comparison to jimmy carter often. >> you do. and the interesting thing is, the american people actually agreed with dick cheney. last july, a poll asked the american people who was the worst president since world war ii. and the overwhelming answer was barack obama. the americans rated him worse than george w. bush worse than richard nixon, and far far worse than jimmy carter. and i think the american people, and dick cheney, are right. both of them projected weakness in the world. jimmy carter presided over the russian invasion of afghanistan. barack obama presided over the russian invasion of ukraine. jimmy carter presided over the rising republic of iran, barack obama presided over the rise of the islamic state in syria. so they've got lots of similarities. the difference is jimmy carter

actually changed course at the end of his presidency. he began raising the defense budgeted, launched the carter doctrine. so i think the comparison is actually unfair to jimmy carter. >> poor jimmy carter. poor barack obama depending on your viewpoint. joe, what say you? >> rand paul said that those that are criticizing obama on these kinds of things particularly cheney, should look at themselves in the mirror particularly on iraq, and some of the issues in foreign policy. and i think that's good advice. both administrations have gotten a lot wrong. and we can go into the long litany of things that cheney was wrong about in going into iraq in the first place. i think a lot of this is about positioning for, you know, who screwed up iraq, and i think historians will figure that out,

and maybe 20 30 years from now -- >> how do you think things are going in our foreign policy in the middle east? >> well again actually this is the 14th straight week -- you know, we have not had a casualty in either afghanistan or iraq. >> americans. >> yeah, american casualties, that's right. >> what about the iraqis? >> well -- >> based on that, you say our policy is going great in the middle east? >> iraqis are pushing back against isil. they are. and they're doing it successfully. >> actually, the iranians are pushing back on isil. because barack obama withdrew all of our troops from iraq, and left a vacuum -- hold on hold on. because barack obama had a complete withdrawal of all american forces from iraq, the iranian revolutionary guard now refusing request for us to send

ground troops, every military commander is telling us to send in ground troops. you know who is leading the fight in tikrit? the iranian biggest terrorist operation in the entire middle east comparable to al qaeda. these are the people who were behind every attack against the united states since 1970. ghani, a terrorist leader is doing our job on the ground in iraq. >> right. and going in bush and cheney had nothing to do with this -- >> we're going to pick up that debate a little later. because as you guys both well know, it was joe biden saying we were going to -- this is going to be a great victory for us in iraq. then something happened, we withdrew all troops. great to see you. is it poor jimmy carter, poor barack obama, or poor dick cheney? i'll leave it to the viewers to decide. see you guys. we also have breaking news tonight in one of america's

strangest murder mysteries. just ahead, the bizarre new twist now in the robert durst case. why he was just moved to a new jail, and wait until you hear what the louisiana sheriff is now saying about him. plus, imagine your neighbor walking around naked for the whole street to see. look at this. don't borrow a cup of sugar from this guy. police say there's nothing they can do. we'll try to get to the -- bottom -- of it. >> it's not good for people walking around naked like this. and all these kids out here, you know. force

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attention last month for what they said was his lavish spending and the downton abbey design of his congressional office. i watched downton abbey i think they could work on that. the 33-year-old congressman said he does not want to be a distraction anymore and will resign effective march 31st. also developing tonight a liberal "washington post" columnist is now the target of backlash from the left after the brutal honesty of the shooting of michael brown in ferguson, missouri. one of the media figures who criticized police, and how, after the hands up don't shoot myth quickly spread in the hours after officer darren wilson shot brown last summer in self-defense. but unlike many others, he actually took time to read the final doj report, and found out officer wilson's actions were justified and became one of the very few brave enough to admit he was wrong.

>> brown never surrendered with his hands up and wilson was justified in shooting brown. doj was able to present a credible picture of what happened. you can read about the fight between brown and wilson on page 6, and how hands up don't shoot, a mantra built on a lie became a narrative of this sad affair that we must never allow ourselves to march on behalf of someone who would otherwise offend our sense of right and wrong. and when we discover that we have we must acknowledge it admit other error and keep on marching. >> howard kurtz is the host of media buzz which airs sunday right here. good for him, that isn't easy to do. >> what you saw was a very courageous thing that too many on the left have been unwilling to do. he admitted that he bought into a lie, disavowed the hands up, don't shoot narrative that so many at msnbc where he also works and elsewhere in the media

have embraced on the basis of a sliver of evidence, now that it's been disproven by eric holder's justice department. >> some are saying why did you block me on twitter when i tried to tell you that months ago. i think that's destructive. when somebody makes a mistake and comes out pub lklicly to own up to the mistake, it's counterproductive to beat him down. he's acknowledging it, full throatedly. >> this is why many people in the commentating business are reluctant to admit error. let's talk about race here. there's an added dimension of danger. when you're an african-american taking on the majority of your own community because you will be called a race traitor. >> he's getting that right now. it's really coming from the left including one who said, you're wrong. you just demean this child to be accepted by white people. that's one of the tweets directed his way. there are plenty others that we couldn't put on the air. >> right.

demean this child because he was willing to acknowledge that brown was not the innocent victim initially portrayed by the media. to take on -- also think about the distance capehart had to go here. this is about a year after trayvon martin was killed. and he wrote, there's what frightens me more than anything in the world is that the chances are very high of one day i might be in their shoes and might meet a tragic end. he had to put aside his personal feelings. read the justice department report and say darren wilson did the right thing. that was a hard thing to do. >> he really talks about what doj found made me ill. wilson knew about the cigarelos. michael brown fought with officer wilson and tried to take his gun. that whole "hands up don't shoot shoot" story line by the am police in the theft was not

supported by the evidence. i look at jonathan capehart and say, good for you. one down, about 10,000 more to go, right? shouldn't all those people, including the congressmen, who were out there perpetuating the myth, the nfl players, who were out there perpetuating the myth shouldn't they all be as vocal about officer wilson's vindication as they were in their rush to condemn him unfairly before the facts were in? >> yes. but don't hold your breath. the easiest thing to do when the facts overtake your position is to turn over to the next story, or pivot and talk about the justice department report about the racial discrimination of the police department. which is a legitimate part of the story. but to retrace your steps, dive into the report, say i was wrong, put it on video i think we'd have a much more honest dialogue in this country if both sides were to follow that example. >> i couldn't agree with you more. howie, good to see you. a controversial new

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breaking tonight millionaire murder suspect robert durst will now be transferred to a new prison because of concerns about his mental health. yesterday durst was charged with first-degree murder of susan berman, his friend at one point. his celebrity status has been elevated by an hbo series that helped cops reopen the cold case against him. in the chilling finale of that

docu-drama that aired sunday night, filmmakers played comments by durst to them that sounded um a lot like a confession to three murders. all of which until now he's always denied. >> i kid them all, of course. >> of course. today the sheriff's office asked the court to transfer durst, citing acute mental status, saying durst is at risk of suicide. mark fuhrman is a former lapd detective. mark, good to see you here in the studio. >> thank you. >> do you think they're already getting ready to lay the foundation for an insanity defense? >> i'm not sure that robert durst would even allow them to do an insanity defense. he seems pretty confident that he is smarter than most but he really isn't. and certainly money has kept him really out of the you know

the -- >> jail. >> well, jail, but really out of the reach of law enforcement for three decades. >> is it money? is that how he has avoided capture for so long? because you watch that documentary, docu-drama and it seems like a combo of money, and in some cases, with all due respect lackluster police work. >> i agree with you there. when you look at it we're going back to 1982 in westchester. you've got a marriage that's on the rocks. you have the wife that's trying to file for divorce. the husband refuses. she miraculously gets on a train nobody sees her. she goes into a penthouse apartment in new york, supposedly. the doorman supposedly saw her. the husband supposedly calls her. none of that occurred, and yet the police never question the doorman. never question the phone call. never verify it. never go to the cottage and actually review the home. and you and i have done many

things together where you have children girlfriends, wives that go missing and within a week those questions are being asked. >> certainly a spouse yeah. >> if not the media. >> the difference is here, the family is worth $4 billion, he's worth tens of millions at least. money talks. >> you don't know what the dance is. and certainly in westchester they certainly had the time to go out there and do that. they certainly had time to investigate it. you don't know what's going on behind the scenes. you don't know what kind of road blocks -- >> he's charged for the berman murder, a friend who wound up dead, shot execution style in her apartment. but the cops could never make the case. now they've got two handwriting pieces, which are identical. they look identical. one definitely belonged to the murderer murderer. and the other one looks exactly like his writing. >> it's interesting, my old partner was actually the one who caught that murder in west l.a. and he was on it.

and by the time he actually started connecting up some dots to robert durst, and he actually contacted westchester and they actually told him, you know the involvement in the relationship that he might have had with kathleen durst, who is missing, miraculously then that was taken from my old partner, and robbery homicide downtown took the case. the only thing i can see is they sat on it for 13 years. now, i want everybody to know that that note says so much about the killer. because he made such an overt attempt to make sure that that body wasn't left in that apartment to decompose. >> and he gave the address. >> and he wrote it in his own hand. so obviously that piece of evidence can be compared to the killer's own handwriting. >> what does it say about the killer? >> well, he had a relationship, obviously knew the victim, had a relationship, actually liked,

respected or had a deeper relation slp with the victim and was killed for another motive, or another reason. and of course, kathleen durst was probably the reason. but when you look at that, you have a solid piece of evidence that can actually connect up that suspect to that scene to that moment to that victim, and even robert durst himself said well only the killer would do something like that. >> if only the killer could have written that note, and lo and behold, in his own handwriting matches that note exactly. good to see you. are you going to be one lucky guy tomorrow? >> i am. >> don't miss that. great to see you. mike eiglarsh, former prosecutor, criminal defense attorney, and kent zimmerman. ig lar shalleiglarsh is tough to say. same thing to you. it's already happening in my view, they're trying to lay the foundation, how durst had neurosurgery, how his behavior

has been bizarre. he sat there looking all around, looking dazed in the court. they're getting ready to pose an insanity defense are they not? >> they certainly want to leave that as one of the options. when you look at the letter, they've already got their finger on the pulse of what the world is saying. no one will believe that a different person wrote that letter. all fingers are pointing directly at him. that corroborates his statement that he said he was the one who killed all three. they're definitely creating that as an option, which is what i would do if i'm defending this lunatic. >> durst's lawyer said he's getting medication for several conditions. he's had neurosurgery, he needs his meds. another one said he's in ill health. basically behaving bizarrely in court, appearing dazed, not immediately responding and then appeared to fall asleep before the end of the hearing. and then turned around to the gallery and smiled. really? >> there's short supply of

sympathy for durst. a lot of the potential evidence, the supposed confession, for example, the murders of which he's accused in the past, a lot of that may never get in as admissible evidence. and so even though there's a short supply of sympathy, even though that letter isn't helpful i don't think we can call this a slam dunk case yet. i still think there's room to fight. he has a legal team that has a great track record. he's gotten away with murder in the past. >> nothing is slam dunk, especially with his legal team however short of having david copperfield on the team as an expert, to make that letter disappear, i think he's got challenges. >> that letter is so damning. it just exposes him to everything in the case. speaking of exposure let's move on. there's apparently a problem -- maybe, mark, can you set this up for us? where is this man parading around naked? i guess in his own home? >> fortunately, not in my neighborhood. in north carolina, and the key

as you said, in his own home. he is not outside the he's in this home showing off his alleged -- >> does he just stand there? >> he just stands there. and you know what? as offensive and outrageous as it is the statute defines willfully displaying in a public place by definition. don't kill the messenger. that is not a public place. >> it doesn't become public when he opens the door and stands there? >> i believe it does. listen, he's exposing himself publicly to people in the neighborhood. if he's not violating the letter of the law he's certainly violating the spirit of the law. i have two young kids, and i'm all for letting people do whatever they want in their house, but when they do something in their house that causes others in the neighborhood to not be able to live in peace and bring up their kids, it's a problem. >> right. how far could you take this? what could he actually do in the doorway with the door open,

because it's the privacy of his own home? the law could say, all right, now, stop. >> that might become different. but he's not. since 2005, police have been called over 30 times. they want to arrest this creep. but they don't, because they checked with the higher ups and they know unless he leaves his home, he is protected under the law. >> let me ask -- kent, is there anything the neighbors can do? like bring a big sheet and post it you know like a tent, just at the edge of the sidewalk off of the man's property so they don't have to look at it and neither do the kids and the city would okay it? >> maybe they could chain him out of the neighborhood. maybe there's other things they could do. but it's not okay under the law to cause people not to be able to live in peace in the neighborhood. he knows what he's doing. he's intentionally exposing himself to people who are in a public place. that's not okay. >> you know what i would do? i would get one big fan and put a punch of sticky fly paper tape

in front of it. and feathers. keep it running at all times. open the door as much as you want. >> i'll defend you after you do that, megyn. civil court. >> great to see you guys. >> you bet. >> good to see you. breaking tonight prime minister benjamin netanyahu has declared himself the winner of the israeli elections. but it may not be that simple. what all this means for america, and an update on the vote, next. plus president obama touched off a fierce debate after he blamed president bush today for the rise of the islamic state terrorists. we'll do some fair and balanced fact checking when we come back.

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breaking tonight we are awaiting the official results in israel's big election today. early indications show a very tight race. as prime minister benjamin netanyahu tries to hold on to his position. and as of right now, it appears he's feeling optimistic. connor powell reports from jerusalem. >> reporter: megyn, it was clear this would be a tight race. but the exit polls suggest the two leading parties here in israel are in an actual virtual tie. prime minister benjamin netanyahu claiming victory tonight after his party did better than expected. he's hoping for a fourth term as prime minister, and focused his campaign on issues of national security, particularly stopping iran from obtain a nuclear weapon. he also reversed course on the two-state solution here in the holy land saying that if he's

reelected, he would block any establishment of an independent palestinian state. though his main opposition, the labor party said hold on not so fast, you have not in fact won this election. it's too close to call. labor leader insisting the coalition can form a government. it's too close to call. we'll know in a couple of days what the total votes are. but it could be several weeks, megyn, before we know what the actual government looks like, and who is the next prime minister. >> conor, thank you. president obama touching off a fierce debate today, after he blamed president bush for the rise of the terror army known as isis. despite the fact that this group came to power under president obama's administration. listen to what he told vice news in a recent interview. >> isil is a direct outgrowth of al qaeda in iraq. that grew out of our invasion. which is an example of unintended consequences which is why we should generally aim

before we shoot. we've got a 60-country coalition. we will slowly push back isil out of iraq. i'm confident that will happen. >> the president is not being slammed for those comments to vice news alone, as some critics suggest that interview with vice fits in a larger pattern of the president ignoring traditional larger media outlets to get his message out. ceo of concerned veterans for america, and mark is a partner at the truman national security project. and adjunct professor of media studies at the newsschool. pete, as the veteran on this, unintended consequences explains the rise of isis. >> apparently. how about libya, where he didn't aim and shot. we've got chaos, and isis in libya. a red line in syria. this is completely hypocritical. the consequences of isis today were brought about by a failure to follow through on a surge

that fundamentally transformed iraq. i went twice to iraq to report what was happening on the ground. al qaeda in iraq had been defeated. we were em bowledening a new iraqi government to create a new opportunity in iraq. he wouldn't follow through on hard-earned gains that the war fighters got us on the ground in iraq. >> is that not true? we talked about this a moment ago. vice president biden said iraq would go down as one of the great success stories of the obama administration. things were stable there, i guess for lack of a better word. and isis was not anything like it is now. and then we pulled all our troops. >> right. isis was -- the president was trying to say that sunnis became extreme when paul bremer and the provisional authority -- >> oh -- >> no but right after the soldiers and service members

valiantly toppled the saddam hussein regime we sent in a bunch of bureaucrats to sort of manage the political transition. that was fraught from the very beginning. we kicked out all the sunnis. >> then we brought them back in. >> we brought them back into the government and they were part of the government -- >> explain to me why vice president biden said it was going to be a big success story for the obama administration, and then we pull all the troops and isil was born. how is that not under the current administration? >> pete was right, it was a campaign promise. the majority of the americans wanted us to get out of iraq. we spent over $4 trillion in taxpayer money. and over 4,000 service members have died or had died at that point. so we pulled out. nobody, not muslims -- the israeli intelligence not the cia, not our defense intelligence had any intel on the rise of isis -- >> if that's too, we have president bush on camera saying -- >> because he had no --

>> he was talking about al qaeda. >> if you can imagine someone worse than al qaeda in isis today. we unleashed this beast by not following through. >> no no we unleashed -- >> president obama unleashed this beast when he was more committed to a campaign promise than to following through on the 4,000 lives lost, on the $1 trillion spent, following through on the commitments. americans didn't want us there forever with hundreds of thousands of troops, but -- >> how long did they want us there? >> as long as was necessary to see through the residual forces, this isn't just military this is diplomatic -- >> even a warring nation can explain to them that we need to leave responsibly. he of all people wanted us to pull troops out of iraq we had to leave behind a stronger residual force so as not to lose the gains our troops had made. >> a lot of liberals of say the status of forces agreement, the hands of the obama administration were tied. i don't agree with those in the

democratic party who say this. i think what the president was heeding the will of the american people. >> is that leadership? >> it's being responsive. >> okay. speaking of being responsive, i want to get this in before we go, what's with all the interviews with vice and kimel? what's with all that? >> no i think look, the president wants to sort of have these substantive debates. but i think, look our media culture in this country has been an adversarial culture. i would like to see the president come on and interview with more professional journalists who are -- yourself perhaps megyn. he should sit in my chair right here and deal with what i have to deal with when i come on as a democrat. >> i would like to interview hillary clinton before i interview barack obama at this point. last word? >> last word is, they want to use more social media, the president, you know who is good at social media? isis. they watch our president dither and blame the other guy instead

of opposing the enemy. >> i hope he's listening. major backlash against starbucks. [woodworker] i live in the fine details. that's why i run on quickbooks. i use the payments app to accept credit cards... ...and everything autosyncs. those sales prove my sustainable designs are better for the environment and my bottom line. that's how i own it.

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starbucks facing major backlash after the company launched a campaign involving just two words written on your coffee cup. trace gallagher with the story. trace? >> megyn, keep in mind bar stuks baristas are under no obligation to engage with customers under race. but they have the option to give you a cup with the slogan race together written on it. starbucks ceo howard schultz rejects those who say it's a bad idea. listen. >> i know this is an emotional issue, but it is so vitally

important to the country, and i think we're so much better as a people than we are showing in so many cities across america. >> schultz has previously weighed in on hot topics like gun control, same-sex marriage and government gridlock. his goal is to foster discussion and exchange ideas. when the public chose to exchange ideas on twitter, the vp shut down his twitter account saying he felt personally attacked in a cascade of negativity. he got comments like, quote, how could a barista be expected to deal with the complexity of race relations while also serving hot beverages, and nobody who names cory will never do anything to improve race relations. cory the vp is now back on twitter. some customers are concerned the policy could start arguments and slow down service. others just plain don't like it writing, quote let's all race together to dungin doughnuts for coffee.

sorry, starbucks i don't want to pay $5 for a lecture on race. starbucks has partnered with "usa today" on this campaign. megyn? >> happy st. patrick's day, trace. i see your green tie. >> thank you. you too. >> this looks black, it's actually green. that was harsh in my ear. i'll tell you after the break. we'll be right back. the e-class has 11 intelligent driver-assist systems. it recognizes pedestrians and alerts you. warns you about incoming cross-traffic. cameras and radar detect dangers you don't. and it can even stop by itself. so in this crash test, one thing's missing: a crash. the 2015 e-class. see your authorized dealer for exceptional offers through mercedes-benz financial services.

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my producer melissa talked to me and sometimes if i go on

too long she has to tell me to wrap. we ran out of time. so she said no "hannity"! stay tuned for that. this is a fox news alert from jerusalem. i'm conor powell. benjamin netanyahu claiming victory tonight after his likud party did better than expected in today's elections. opposition leader rejecting netanyahu's claims, insisting that his labor party is still in the running to form a new government. exit polls suggest it is a very close race between the two major parties, who appear to be in a virtual tie. netanyahu will likely return for a fourth term as prime minister but it is far from over. the final results are expected on thursday. already both netanyahu and