he factor." again, thanks for watching us tonight. ms. megyn is warming up. i'm bill o'reilly, please remember the spin stops here. definitely looking out for you. breaking tonight a growing number of political reporters now questioning the state department's truthfulness and asking whether hillary clinton's former staffers are covering for her in this e-mail scandal in order to protect a possible presidential run. welcome to "the kelly file" everyone, i'm megyn kelly. there were several big developments today in the push for answers over how former secretary of state clinton was able to skirt federal records rules, sidestep her own state department policies and destroy documents that may have belonged to the american people. today it was revealed that the national archives and records administration wrote a letter to state two weeks ago relaying that it is "concerned that

federal records may have been alienated." meaning isolated or cut off from the department of state's official recordkeeping systems. you think? today state department spokesperson jen psaki was pressed on this. >> do you know if the department has responded to this letter from the national archives? >> i believe we just received it. >> you said that you've just received it. it looks like it was dated march 3rd. do you mean in the press office you just received it? >> i don't have more details on it. i can check and see. we respond to these letters. i'm sure we'll do that in this case. i'm sorry i don't have more comment on the letter. >> ms. psaki was also questioned on another claim that secretary of state don't really need to follow some rules suggesting that these really aren't rules at all but just recommendations. a claim that today is being seriously questioned by a state department whistleblower. trace gallagher has that part of our investigation.

trace. >> megyn we just spoke with richard higby the state department's lead criminal investigator in the dallas field office. higby has spent 17 years working for the arm of the state department both investigates crimes and protects diplomats overseas. but he is not beholden to the state department officials. instead he's been at odds with them for most of his career for blowing the whistle on federal workers who do not play by the rules. and he says when it comes to signing the now-famous of-109 form, the separation agreement that hillary clinton did not sign, there is a huge double standard. listen. >> when they want it to be a rule or a policy they make it a policy. so in my experience there's been no uniform unbiased application of the rules. it's been very prejudicial. >> but state department spokesperson jen psaki indicates that the form may not be such a big deal after all saying she's not aware of a penalty for not signing or that it's a rule

violation. listen to her. >> it's not clear that this form is used as part of a standard part of checkout across the federal government or even at the state department. so we're certainly looking into that. >> higbie says in his experience departing employees don't have a choice in the matter. they have to verify that they have surrendered all unclassified documents and papers acquired while they were employed or else. >> the reason why everyone's going to sign that document is because they need their retirement, they need their benefits, you know, all those things are going to be held up because the separation agreement is the first part of the process. >> and if you don't sign you're likely to be the focus of a state department investigation on why you didn't sign. megyn. >> trace, thank you. ms. psaki today attempted to suggest that secretaries of state get special privileges upon departure. and don't have to certify before

they leave that they have surrendered all of their documents. listen. >> secretaries of state often do not sign this form as it is a step to revoking their own security clearance. there's a long tradition of secretaries of state making themselves available to future secretaries and presidents. and secretaries are typically allowed to maintain their security clearance and access to their own records for use in writing their memoirs and the like. >> legal experts say that's complete nonsense. one does not surrender one's security clearance by signing a form that merely confirms all federal records have been returned. one only confirms that one is not a thief. mrs. clinton was required to return the people's documents and certify as much. she may have had an ongoing right to examine such documents thereafter to write her memoirs or the like does not entitle her to keep those documents in her chappaqua bedroom. joining me now fox news senior

political analyst brit hume. they keep dancing. the target here, oh she got to write her memoirs, brit. political reporters already are smelling a rat. >> well nothing about the way this whole thing has been handled at the state department inspires any confidence at all. first of all the question was posed many days ago about whether hillary clinton had signed the form you are talking about. there was no answer for days. now, look that's the kind of a question that an information officer at a senior level of the state department should be able to get an answer to in a matter of a couple hours or at the most half a day. it took several days. why one's tempted to ask. one possible answer is they've decided they're going to take some time to get their story straight and perhaps, just perhaps, work things out with the clinton camp as to what they ought to be saying. now look, it may well be that all of this is true. that she didn't sign this document and her predecessors

didn't either, that all may well be true. but when you see the way this information keeps coming out in little installments days after questions are asked, it makes you wonder. >> she wouldn't speak to it. her spokesperson hillary's spokesperson declined to comment on whether she had signed the form. and the follow-up question has yet to be asked to jen psaki who says we couldn't find the form. she didn't sign it to our knowledge. we can't find one. and the following question needs to be was she asked? was she asked to sign it? and if she wasn't asked to sign it was she asked to verbally, orally certify that she had returned all the records to state? because there's another form, brit, and that form i have it here is ds-1904. and ds-1904 is required to be filled out by the state department affirming that they have satisfied themselves, they've got all the records before departing secretary leaves. by the way, we have foiaed that form as well and we're waiting on an answer. >> well, you know and this is

where the clinton case and the pal and rice cases are not analogous. because neither of those previous secretaries did what hillary clinton did. they didn't have a private e-mail server through which they handle all their official business. so the question isn't as key as it is in this case where she's under penalty of perjury would have had to fill out that form that said yes, i surrendered all the documents. so as i say -- and of course jen psaki comes out and she's days late in answering these questions and information dribbles out and so on. you know, i have to say and this is jen psaki i'm sure is a fine young woman with a very bright career ahead of her, but she seems way out of her depth at times in that job. and she didn't come out of a background in diplomacy in the state department. she came out of a background really in politics as a spokesperson. and typically in the past megyn, the people who have been the spokesperson for the

secretary of state have had the title of assistant secretary of state. i don't believe that applies here. and i believe perhaps secretary clinton when jen psaki and her colleagues there were named wanted somebody with a background in politics. wanted somebody who would not be a strong independent figure with a portfolio to fall back on and tradition that was aligned with the department of state rather than the department of politics. >> she should know very well that just because you certify you're giving back all the documents you had in your possession, classifyied and unclassified doesn't mean you're giving up your security clearance. these aren't mine. i'm giving them back to you the people. they're supposed to be with state now, they are from the beginning by the way. >> one sense is here megyn a woman like jen psaki would make the phone call to some other official or someone in the clinton camp perhaps and be told, well, if you do this you're taking the first step toward giving up your security

clearance. and she is perfectly content to come out in front of the most skeptical press and say that. >> right. >> long experienced information officers that i've known in government over the years operated a bit like reporters. and they had their own means of getting information. and they would ask sometimes two different officials with equal knowledge about something and see if they got the same answer. >> uh-huh. >> and i don't sense that in the case of jen psaki or deputy marie harf that that's the kind of searching work they're doing. i'm not there, i'm not on the phone with them. i don't know. but there's a certain lack of authority in the presentations that they make and when they come this late and they keep changing there's reason seems to me for skepticism and plenty of it. >> it's not just you, mark halperin has expressed the same and many reporters. the questions are not done. the other thing we need to know is whether hillary's deputies, chief of staff sheryl mills, did

they sign these forms saying they returned these records and where are their e-mails? i'll leave it at that for this evening. good-bye canary yellow -- >> thank you i'm glad you seem to like it. listen, all of these questions that remain unanswered give you an idea why this story isn't going away any time soon. >> jen psaki said she hoped the end of it. i like jen psaki, i've had nice exchanges with her. sorry to tell her though it's not over. good to see you. >> thanks megyn. new tension tonight between the u.s. and our number one ally in the middle east as israeli prime minister benjamin netanyahu wins a hard-fought re-election only to have the white house respond with an attack on the prime minister's policies. and where is that call to congratulate mr. netanyahu? dana perino is fired up on this. she's next. plus, dramatic new questions in the case against millionaire robert durst as cops look at

possible connections between durst and these two missing teenage girls. you can check out their story on facebook.com/thekellyfile now. and stay tuned for judge alex who's coming up on what this means. plus, former vice president dick cheney not mincing words when it comes to president obama. but that is just a tiny fraction of what he told our own james rosen. tonight, rosen with the rest of the story. >> in the aftermath especially of 9/11 we needed to get things done. and on occasion i would use the position i had and the relationship i had with the president to short circuit the system, no question about it.

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growing controversy now after a big election win for the leader of america's top ally in the middle east, prime minister benjamin netanyahu of israel winning another term in office. despite what looked like an uphill fight in the final weeks of the race. he was getting congratulatory phone calls from the leaders of england even canada with the eu releasing a statement of support. while the white house insists president obama will be calling in the coming days. critics say the silence from mr.

obama so far is putting some serious strain on an already-tense relationship with an important ally. dana perino is co-host of "the five" and former white house press secretary. you've been in a position of advising a president when to congratulate, whether to con gat late. what do you make of the delay? >> the white house i worked in you make the call. you didn't have to advise president bush to make the call. it was his instinct. you're the first to call. if you're the first to call, especially if you're suffering somewhat of a defeat if you are embarrassed because your guy didn't win, you want to be the first to call because that's gracious. you're not diminished by being gracious. you're calling to say well-played, congratulations. we've got a lot of work to do. i'm going to be in europe next month. can you meet me in vienna and let's have a conversation? something that would bring people together. he has a great opportunity, president obama to actually press a reset button that could work with a great ally who is not -- i don't think the

antagonism is working. americans and israelis, we want our leaders to get along. >> right. >> so having vice president biden call today was meant as an insult. >> john kerry's -- >> i think they said biden was going to call and then later on they get backed into the corner and say president obama will call in the coming days. >> right. then they say the last time around he called a few days after as well. he didn't call right away the last time netanyahu won. so this is just a matter of course. ignore what canada's doing. ignore what england is doing and so on. >> i think they should just make the call. here's the other thing, aside from the phone call it is the fact that we have a serious problem on two fronts. one is the situation with the deal and the talks with iran. a conversation about the palestinians and what to do there. there was troubling report tonight, i think, out of a senior administration official, someone floating a little bit of a trial balloon out there to say there might be some problems now

that the united states has with israel. and that might actually leak into conversations at the united nations security council in which europe has not been supportive of israel. >> at all. they're counting on the united states to defend israel. >> if the president floats an idea that the united states may not support israel at the united nations, even if he doesn't mean it but if it is out of spite that is a huge problem. what it does is signals to hamas and hezbollah that it is open season on israel. so i would just hope that the president would just take a breath. it's okay to call say congratulations. >> is he just being petty? because his critics came out today and called him petty and said he's being small about it and that he basically needs to grow up. this is jennifer reuben at "the washington post." gross pettiness and rudeness thre for all to see. she said president obama is obviously a loser in this sense just like the real loser in the israeli election.

>> well, actually even back up. the white house started this months ago when on background they were calling the prime minister of israel bad names, dmen diminishing him and then doing it on the record in trying to influence their election. they made this calculation that if president obama didn't -- or if president obama had accepted benjamin netanyahu at the white house when he came to give that speech in front of congress, they made this calculation that somehow that president obama would be diminished if he invited him there. the exact opposite happened. that speech actually probably helped netanyahu. and one thing is for sure that in israel they are united 99% on foreign policy. >> right. >> netanyahu is the guy that they chose. he should be congratulated. and we should take this opportunity to work with him and if they need to tear up the playbook on the two-state solution thrks is a good opportunity to do that. >> so the playbook is torn. i mean, based on what mr. netanyahu said yesterday in his

last day of campaigning that there would be no palestinian state. >> one of the things the white house says how could he have lived a lie for six years? he said hoefs for a two-state solution. who in the world could you name that has actually told a lie twice in order to get elected and then change his position afterwards? on a very important issue in the united states. >> i don't know what you're referring to. >> i know. i'm sure you figured it out. >> you can go to nd weigh in and i'll have dana with her answers. we'll update you after the break. good to see you. coming up, is one of the possible front runners in the republican presidential field what's going on with scott walker and two other familiar names that could be close to announcing their own bids. wait physical you hear what they are. and former vice president dick cheney weighs in saying president obama is the worst president he's seen in a lifetime. in a moment see what else he told fox's own james rosen. >> i look at barack obama and i see the worst president in my

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breaking tonight, we are starting to learn the identities of some 60 people killed in a deadly terror attack in tunisia today. gunmen opening fire on tourists. 19 people killed from tourists from italy, poland and spain. they were armed with assault rifles and wearing military style uniforms. one witness says they opened fire on anything that moved before rushing inside the museum to take hostages. two of the gunmen killed, three others still at large. groups like isis praised the attack but did not take credit for it. also tonight we are getting a fresh look at an interview that's making big headlines. former vice president dick cheney sitting down with fox news's own james rosen for an extensive interview published in part in playboy. last night we told you how mr.

cheney called president obama the worst president of his lifetime. but that in the published interview amount to only a tiny fraction of what the former v.p. told james. so tonight fox news's chief washington correspondent james rosen is here with much more from his lengthy exchange with mr. cheney. hey, james. >> megyn good evening. the former vice president and i conducted nearly ten hours of interviews at his home in northern virginia in december. and about one-tenth of the material appears in the april issue of "playboy" as the playboy interview with dick cheney. i asked if there was any truth in assertions by president obama and attorney general holder that some of the criticism of them is motivated by racism. >> i think they're playing the race card in my view. my view of it is that the criticism is merited because of performance or lack of performance because of incompetence. hasn't got anything to do with race. >> looking back on george w. bush's first term cheney recalled frequent clashes with then-secretary of state colin

powell who irritated the president early on by saying their policy towards north korea would pick up where bill clinton's had left off. >> i always sensed he was to some extent frustrated but he was out of step with what the president was focused on and where we were trying to go. >> cheney also faulted the state department for arguing internally that iraq's new government post-saddam hussein couldn't include anyone who fled the country under saddam's rule. >> that turned out to be bad advice because virtually everybody we did get in the transition government and so forth had fled the country at one time or another. >> then there was the famous order cheney issued on 9/11 for the military to shoot down the plane that ultimately crashed in shanksville, pennsylvania. misters bush and cheney always maintain they gave that authority but that call is not entered in any official phone

log. this controversy places you in an exceedingly rare and awkward position for dick cheney because it places you in a position of asserting things of which there's no documentary of which is very unlike you. and i wonder if you understand why questions have been raised about that whole set of events? >> no. no. i think we've -- i think it's been well and exhaustively covered and discussed. and i don't think there's anything else to be added. >> in his 2008 book "angler" reporter bartler gelman accused cheney of bypassing normal white house procedures to get his way from president bush on key policy issues in a way that cheney when he was chief of staff to gerald ford would not have tolerated. this cheney effectively admitted to me. >> in the aftermath especially of 9/11 we needed to get things

done, and on occasion i would use the position i had and the relationship i had with the president to short circuit the system, no question about it. >> finally cheney remembered his first date with his wife lynn and their romantic interlude on c hill in casper, wyoming in 1968. >> that's where you went to park. you could look out over the city of casper and see the bright lights and so forth. while we were up there one of our friends snuck up on the car and let the air out of the tires. i thought that was funny. >> i thought it was pretty funny too, megyn. >> james, how much of this was done because you wanted to chronicle the living history of dick cheney? and how much of it was done because you wanted to be a truthful man when you tell your wife you read "playboy" for the articles? >> well point of fact megyn, and i don't care for the tone. i don't care for the tone. no i'm kidding.

this is my fourth article for "playboy" dating back to 2006. >> the prosecution rests. >> and now i'm going to even further dig the hole. this was structured as an oral history in which we would span the vice president's entire life from his childhood and his relationship with his parents all the way through his service in various administrations up through the present day. >> was there a photo shoot? concerned. >> yeah, no, i'm touched. there was a photo shoot and our fox news colleague nick calman a decorated photographer, took the photographs of vice president dick cheney. >> poor nick. >> oh, he was paid. >> you really would be breaking some news there if cheney went full "playboy." great to see you, james. great job. >> thank you, megyn. >> hats off to the vice president for choosing "playboy" and our own james rosen to lay it bare.

coming up new legal drama for millionaire murder suspect robert durst as police now investigate a possible connection between durst and the disappearance of these teens. plus, wait until you now hear what durst had with him in his hotel room when he was arrested this week. judge alex is here next. plus a new suggestion that al gore may be just what democrats need and want in 2016? chris stirewalt is here on who is saying that and why. >> the earth has a fever. and the fever is rising. the experts have told us it is not a passing affliction that will heal by itself. before i had the shooting, burning, pins-and-needles of diabetic nerve pain, these feet grew up in a family of boys... married my high school sweetheart... and pursued a degree in education. but i couldn't bear my diabetic nerve pain any longer. so i talked to my doctor and she prescribed lyrica. nerve damage from diabetes causes diabetic nerve pain.

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girls who disappeared in california back in 1997. now the authorities are looking at possible connections between these girls and durst. trace gallagher live in our west coast newsroom with details. trace. >> megyn karen mitchell was 16 when she disappeared in 1997 after leaving a shoe store owned by her aunt in eureka, california 250 miles north of san francisco. she was never found, but police have always suspected foul play. and now we know that robert durst, who dressed up in drag was a regular customer at that shoe store. durst also frequented a homeless shelter that karen mitchell volunteered at. and an artist rendering of the last person mitchell was seen with resembles robert durst. and before anyone ever mentioned this connection, an author who wrote a book about durst said authorities should investigate his link to karen mitchell. the second victim was 18-year-old kristen from north carolina. she was attending college in san francisco and disappeared after leaving her job.

for now the only connection appears to be that durst was in the bay area at the time she disappeared. she also was never found. and now we have court documents showing that when bob durst was arrested in new orleans, he had a latex mask to change his identity along with a fake texas id and $42,000 in cash. there was also a u.p.s. tracking number in his hotel. and it's believed he was trying to send money to wherever he was fleeing. the fbi has also searched his houston condominium pulling out two card board boxes filled with things like cds, bank statements and three books about his first wife's disappearance. durst is awaiting extradition here to los angeles. while he was taping an interview for the hbodocudrama "the jingx jinx" caught him saying, what did i do kill them all of course.

>> joining us, alex ferrer. this guy's now going to get tried for murder in california for the death of somebody who was a friend of his who died back in 2000. they could never tie him to the murder but now they believe thanks to this docudrama that they got him. a note appears to match durst's handwriting exactly. and now they're looking at him. it already appears he may be a serial killer because his wife dies, his friend dies, his neighbor he admits killed now looking at him for connections to disappearances of two young girls girls? >> first of all we have to realize he hasn't been convicted of any murder. >> well, he killed that man. >> not only killed, he dismembered him. which is not usually -- that doesn't usually lead to a self-defense acquittal. it did. but usually serial killers are

motivated by some type of sexual gratification. >> if you kill three people i think you can say serial killer. >> well yeah. at that point we're splitting hairs. >> he's serially killing people. >> yeah. i think these two ladies what they're doing is you know he's the hot topic of the moment. so the investigators all over the country are looking where did he live, when did he live there, do we have any missing people? he was suspected in those cases back then. he was looked at as a person of interest. and they're reopening those. i don't find that unusual. maybe he had something to do wit maybe we'll find he had nothing to do with it. at this point -- tomorrow if i open the paper and i saw he was being looked at in the jimmy hoffa disappearance, that wouldn't shock me. >> what we've learned about durst so far is he allegedly kills people he knows. so as my friend melissa francis said, do not get to know him. if you see him on the street, run in the opposite direction. >> yeah. i mean, if we follow through and

say we believe he killed this friend in california, this friend was about to meet with the d.a. to talk about the disappearance of his wife. so that's -- >> two and two makes four. let me ask you this. the stuff that he was caught with in his hotel room, that's all new information. the latex mask, all the cash, the gun. >> right. >> i mean, obviously he was attempting to flee. >> i think it was clear indication that he was getting ready to flee. >> does that come into court? >> oh it definitely should come into court because i of consciousness of guilt. when he's being investigated he knows he's being investigated he's just given an interview on television where he mumbles those incriminating words like oh, no i'm caught. and then all of a sudden withdrawing $9,000 a day gets about $350,000 out. they catch him with 45 of it i think it's totally relevant. what i don't understand is why

the latex mask. the guy's a cross dresser, it's like he's got a built-in disguise already. >> he already confessed to doing that in connection with the other murder, you know, to the filmmakers. so the jig was up. we knew what he looked like as a woman, right? so now he had to find something new. some weird latex mask matched his features something you'd see in like minority report one of those movies where they make themselves look totally different. >> that won't make him stand out. i'm dying to see this latex mask. i can't really picture it. but then again, yeah, does indicate to me consciousness of guilt. >> yes. >> i think it's something that definitely comes in. >> insanity coming in? they appear to be getting ready for an insanity defense already talking about his brain surgery and how he's mentally losing it. >> no. first of all this would absolutely kill his claim of insanity when he's preparing to flee. i mean that is one of the most you know, open indicators of knowledge -- of the difference

between right and wrong is hey, i did something wrong i better get out of dodge. i don't think his lawyers are dumb enough to claim insanity in this case. they're pretty bright lawyers. >> let's be glad he doesn't appear to be likely to get out of bail anyway. bail has been denied and for good reason. judge, good to see you. >> yeah. you too, megyn. thank you. big news today on 2016 involving al gore. really. al gore. and not just him, donald trump as well. stirewalt is just ahead. plus, two major muslim groups today went after governor bobby jindal after he suggested a ban on people who promote radical islam. the governor's here to defend those comments next. >> clerics must do more than just denounce generic acts of violence. they've got to condemn the individuals by name who are committing these acts of violence. they need to make it clear these individuals are not martyrs going to enjoy a reward in the afterlife. the world is filled with air. but for people with copd sometimes breathing air can be difficult.

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might promote radical islam. >> we do insist that folks should not come into our country and use the freedoms we give them to undermine the freedoms we grant to everybody. so in other words we shouldn't tolerate those who want to come and try to impose some variant or some version of sharia law. >> then came the backlash. first the muslim public affairs council said what he is doing is fear mongering. this is another one of those issues where he is using fear to garner votes. then a statement from cair, the council on american-islamic relations. wrote governor jindal's anti-muslim diatribes are a desperate attempt to pander to society's margins as he hopes to regain the gop spotlight and crawl away from being nearly dead last in the u.s. gop poll. governor, thank you for being here. your response to those reactions. >> well, megyn, thank you for having me. look america's built on religious liberty. we don't discriminate against

anybody of any religion and certainly there are many muslims that are proud patriotic americans. that's great. it's also true there are radical muslims muslims that want to treat women as second class citizens, those who want to use our freedoms to manager others. the question i'll specifically ask for example is would i be for allowing isis members to come to america? why -- >> members of isis may be a different story. those are identified terrorists you know who are are killing us and our allies. but just to say that if you are a radical islamist or more specifically if you are -- if you believe in sharia law, then you won't be allowed into the united states is controversial. who decides how far into sharia law you have to be? who decides who's a radical islamist and who's just an islamist? >> well megyn here's the line. in america we say you have the right to believe what you want as long as you're not harming others. so as long as you're not trying

to limit the freedoms of other people, we believe in the right of self-expression, religious liberty, freedom of speech freedom of association. you don't have the right to come here and say for example you think women should be treated as second class citizens. >> why don't you have that right? why not? this is a country with lots of crazy beliefs. and actually some religions continue to treat women as second class citizens. and it's not just some forms of islam. are we going to start banning everybody who doesn't treat women or children or criminals for that matter the way we like? >> well megyn, we're talking about who do we let into our society, into our country. if you want to see where this is happening, look to europe. we shouldn't be blindly following europe where you have second and third generation that don't consider themselves parts of that society. we want people to be americans. we want people to come here. we don't say you have to adopt our creed or any particular creed. but if you come here you need to

believe in american kperpgs exceptionalism -- sglu >> how are we going to enforce that? people are allowed to believe anything they want even if it's snuff. >> immigration we have historically said make our country stronger. we've said you can't come here in years past if you were here to promote communism. if you're coming here to undermine america's foreign policy. if you're supporting a group that's an enemy of the united states. there's nothing with saying we want our immigrants stronger not weaker, we don't want people that are going to come here dedicated radical islam or undermine religions of other people. if we don't insist on that, we're going to go the way of europe. that's a dangerous thing. we believe in religious freedom. what i responded to was do i think it's okay to allow members of isis and certain members of muslim brotherhood to come into america. i think a smart immigration policy leads to a stronger country. >> as a matter of fact the audience should know that has

been controversial. believe it or not we are allowing people who have fought with isis to come back into the country. to the point where there's a bill in congress trying to stop that. governor, good to see you. >> megyn, thank you for having me. coming up see why the epa wants to start keeping an eye on some people's showers. are you taking too long a shower? uncle sam will tell you. what are you doing in there james? plus, we are hearing about some early trouble for the man who could be the republican pick for president in 2016. stirewalt on the scott walker story next.

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how long you spend in hotel showers. the feds saying most hotels don't monitor guest water usage. good. and as a result millions of gallons of water are wasted every year. the epa is working with the university to develop a system that would track how much h2o goes down the drain in hopes it would get hotel guests to modify their behavior. if they pop into my shower and told me i've taken too long, i'm going to take twice as long. i'm going to shave my legs, alberto vo5 treatment going on in there. what does the government care how long my shower is? butt out. okay. sorry. we'll see how it goes. and from the campaign trail we're hearing reports of early trouble for the man who could be the republican pick for president in 2016. so we asked chris stirewalt to weigh-in on what's going on with scott walker. stirewalt's our fox news digital politics editor. they say he's made some missteps in particular in iowa which you

should not misstep in if you want to be the presidential nominee. what did he do? >> well it wasn't that he misstepped as it relates to winning in iowa. it was that he was perceived as flip-flopping to curry favor with iowans that is to say -- >> a politician? >> yeah. hard to imagine but what he did was say that he was open to the idea of continuing a rule that said your gasoline has to have a certain amount of corn-based alcohol in it. it's a subsidy by another name. he's opposed to subsidies in general but said he was open to that continuing. people said you're flip-flopping, you're flip-flopping. he said i'm not flip-flopping, it's complicated. it's indicative of the difference between the time you're rising and the time you get to the top and you start feeling that scrutiny. >> iowans like his new position but not his old position. >> uh-huh. and the compromise position that he has now reached will probably be mutually unsatisfactory to all. >> uh-huh. and then he had some aide resign

because she wrote a nasty tweet about iowa? >> well, she was -- she is a snark merchant on twitter. and quite good at it. she's also very good at the internet. and all of that business. so they hired her, then her twitter feed had unkind snarky things about iowa, et cetera et cetera. and she had to go. here's the reality for scott walker he has to figure out how to do this and he has to figure out how to be under the white hot light because there are all the other conservatives lined up behind him that are all going to say this guy, this failure, he broke this he broke that. because they all want to be the not jeb bush guy in this race. if scott walker wants to stay in the position of the guy who's going to try to block jeb bush's path to the nomination, he's got to get better at this stuff. >> you know who's pretty experienced at this stuff? al gore. he ran for president. >> true. true. >> unsuccessfully as it turns out even though a lot of democrats don't believe that.

they think he won. and now some democrats are saying he should give it another try. really? >> well yes. first of all if you offered him the chance to check in people's showers perhaps he would do that instead to make sure the hotel water use would go down. >> get out of here. >> but anyway there's a notional idea there's a liberal magazine vox that the editor of which floated the idea -- >> you know what he says? he says the most ambitious vision for the democratic party rests with the politician most have forgotten and whom no one is mentioning for 2016 al gore. there's a reason for that. >> yes. >> let me ask quickly before i let you go because what did donald trump announce today? is he running officially? >> he's threatening to. he's saying he's going to do it. this is -- he's threatened to do it before and ended up being a stunt to get contract. if he's serious this time it poses a threat forconservatives because they'll have to answer for the stuff he says.

>> we'll continue to follow it. great to see you, chris. >> you bet. >> we will be right back but first coming up on "hannity". >> mr. holder, mr. obama let's have a national discussion about the anti-semitism that wreaks from your administration. that dares to work all the way until... the am. new aleve pm the only one to combine a safe sleep aid plus the 12 hour strength of aleve. [ male announcer ] the average kid texts 20 words per minute. ♪ ♪ and zero words per manwich. hold on. it's manwich. [ man ] i remember when i wouldn't give a little cut a second thought. ♪ ♪ when i didn't worry about the hepatitis c in my blood. ♪ ♪ when i didn't think twice about where i left my razor. [ male announcer ] hep c is a serious disease. take action now. go to hepc.com or call 1-844-444-hepc to find out how

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hakeem jeffreys. you see him here with his hands up after the michael brown shooting. he's one of the ones who talked about the hands up don't shoot. we'll ask him about the doj report and what he thinks now. see you then. i'm megyn kelly. tonight, benjamin netanyahu re-elected as the prime minister of israel. >> a lot of disappointment at the white house this morning realizing they have to try to work with netanyahu for the next two years. >> and not everybody's happy about it. senator marco rubio and the great one mark levine are here with reaction. >> attempting to sandbag the president in the midst of negotiations he's engaged in is not just unprecedented by inappropriate. >> and senator cotton here to explain why he does not regret sending the letter to iran. >> washington is totally broken. and it's not going to get fixed unless we put