breaking tonight. presidential campaign is less than 48 hours old, but already texas senator ted cruz finds himself at the heart of a media firestorm. critics determined to dismiss his chances and his candidacy and tonight right here, he responds. welcome to "the kelly file," everyone, i'm megyn kelly. it was early monday morning senator cruz first announced online and then told a jam-packed crowd at the liberty university that he is running for president. the first-term senator laid out a vision consistent with his conservative beliefs, and the media pounced. questioning him and his viability as a candidate, from the "washington post," ted cruz principled or smug know it all.

in "the new york times"." why ted cruz is such a long shot. overseas, the britain's guardian saying ted cruz is one u.s. presidential hopeful can write off now. thanks for that, guardian. that's nothing compared to what's been said on television. watch. >> i think he's scary, dangerous slimy. >> well, he might be dangerous. >> i have a problem with cruz, because i am old enough to remember, even as a kid what mccarthy was all about. he was mr. division. he accused people of being communist. here's this character accusing chuck hagel from taking 200 k from the north koreans. >> your short time in the senate you've developed a reputation as a guy who does not back down who will not compromise. will you bring that brand of no compromise to the white house, if you're elected? >> how are you with that hard line conservative message going to appeal to moderates and independents? >> joining me now, texas senator

and presidential candidate, ted cruz. scary, dangerous and slimy. "the guardian" declaring you are done. 48 hours after you have declared. tonight you say? >> well, look, there's nothing like the warm embrace of the mainstream media. and i have to say -- i think one of my favorite comments was "the new york times" said in the last day, that cruz cannot be dominated because the washington elites hate him. and i have to admit my immediate thought was holy cow, do i have to disclose that to the federal elections commission? >> i'm in. >> in any contribution? i can't think of a better summary of why i'm running. if you're looking for a candidate embraced by the washington political elite, i ain't your guy. >> but what about the "wall street journal"? they're not exactly left-wing pundits. they came out with a piece then comparing you to then senator obama, as charles krauthammer did, we already tried the

one-term senator thing, and in their view it didn't work out so well. >> look, there have been a lot of folks throwing that attack. i've got to say there are marked differences between my background and barack obama's. we're both first-term senators. >> both went to harvard. >> but there are marked differences. his time in the senate, he was basically a back bencher. he did not lead on any issues of real significance. in my time in the senate, nobody can accuse me of being a back bencher. i try to lead on the challenges of the day whether it's stopping obamacare or stopping the out-of-control debt or amnesty or defending our constitutional rights or stopping iran from getting nuclear weapons. but secondly, megyn, unlike barack obama, before the senate, i wasn't a community organizer. i spent 5 1/2 years as a solicitor general of texas. the chief lawyer for the state. leading the state in appeals before the u.s. supreme court, leading every appeal for a

4,000-person agency over 700 lawyers and over and over again, we led and won national conservative fights, defending the ten commandments, defending and winning the second amendment -- >> in your time in the senate, your critics say you've led the fight on certain issues, but what have you actually accomplished? >> what we've accomplished over and over again, in many instances, is stopping bad things from happening. remember the beginning of the second term of obama? we had the horrible shooting in sandy hook. and president obama didn't come out and say, let's go target violent criminals which is what he should have done and how he could have brought together bipartisan agreement. instead he used it as an excuse to go after law-abiding citizens. and much of washington was consigned. we can't stop this. the train is moving, get onboard. i did everything i could to energize and mobilize the grass roots, to stand up and protect the se amendment, and every single proposal of barack obama would undermine the second

amendment, was voted down on the senate floor. >> when you're the leader when you're the president, you have to bring coalitions together to get things through. you just can't be somebody who stops things you have to be somebody who gets things through. >> you've got to do both. it's interesting in the last two years, virtually nothing passed the senate. harry reid basically shut the senate down. as a freshman senator, i had more legislation pass the senate than all but a handful of republicans. the known terrorist that was voted to be the ambassador to the united nations, he participated in holding americans hostage. almost everyone in washington wrung their hands and said there's nothing we can do. i voted to block him from coming to this country. it passed the senate 100-0, passed the house of representatives 135-0 and president obama signed it into law. >> not only that, but you can say his name just like -- you

should get points for that. >> for my daughters, that's a good tongue twister. >> for all of us. it's amazing. ted cruz and his beautiful wife and daughters are here in the studio. i apologize bringing up rand paul in front of them. he was on the program last night, as you know. he likes you. and he doesn't disagree with you on most things. but he said i'm sort of -- i'm paraphrasing -- i'm kind of like the ted cruz who can win, who can appeal to a broader group. and we're hearing that more and more. you know, can you appeal beyond the conservative base as the "wall street journal" this morning points out, who says even if the gop nominee in 2016 carries the same share of the weight and the minority of george w. bush in 2004, he would lose and handily. you need to expand the coalition. >> well, let me say a couple of things. number one, listen rand paul, i like rand paul. he's a friend of mine. i respect him. we fought side by side for liberty.

we'll continue to fight side by side for liberty. when i got elected to the senate from texas, we saw a coalition come together. we reassembled the reagan coalition. we brought together conservatives and libertarians and evangelicals and women and young people and hispanics -- >> all those people are being told your dangerous and slamy. >> they were told that in the texas senate race, too. in texas i won 40% of the hispanic vote. at the same time that mitt romney was getting clobbered with 27% of the hispanic vote nationwide. >> because of your tough stance on immigration -- >> when i ran for senate in texas, i was unequivocally against amnesty. i think we've got to secure the borders. we should reject amnesty and improve and streamline legal immigration. there's no greater advocate of legal immigration in the senate than i am. but i'll tell you, megyn, if you want a quick indication of the support we're seeing the incredible grass roots support it's been 36 hours since we

launched the campaign. in the first day, over 140,000 people have come to our website ted cruz.org, in the first day, we've raised over $1 million. in one day. >> it's gone up to a million now? >> half a million was only halfway through the day. it's 1 million bucks in the first day. all the talking hands in washington say, cruz can't raise money because the big lobbyists in washington aren't with him. he opposes corporate welfare, opposes all of the crony capitalism. our campaign is based on courageous conservatives across this country, men and women going to ted cruz.org and contributing. that's where we're getting the support. >> i want to ask you two quick questions. so i need quick answers because i have to go. >> sure. >> what do you like best about yourself that you think you could hold this job of president? >> i love the constitution. and i am fighting for freedom.

i mean, i wake up every day, i jump out of bed. i cannot tell you how thrilled i am. because this country is in crisis. and what an incredible privilege to be in the arena. >> you say the privilege. i think you have to be a little nuts. you have to be a little nuts to want this job. that leads me to my next question, thank god we have crazy people who want it. what is it about yourself that concerns you? what do you like least about yourself that may concern you on the journey going forward? >> listen, this is going to be an intense battle. and i take everything pretty intensely. i take everything -- questions of liberty and the constitution very seriously. i have a sense of humor, you've got to be able to crack a joke. >> do you do meditation? >> i don't get stressed out. the more intense something gets, the calmer i get. you've got to have fun. quick example. six months ago i was out in california, and this poster appeared all over california. of my head shirtless ripped

body, covered in tattoos, six-shooters a cigarette coming out of my mouth. and the legend and black listed and loving it. we decided to have fun. we posted it on facebook. and we said, for some reason these posters have begun appearing all over hollywood. it had nothing to do with us. we noticed a glaring error. i don't smoke cigarettes. >> and heidi told me before the show that she was actually responsible for that. the joke was on you as it turned out. senator ted cruz, thank you for being here sir. all the best to you and your family. >> thank you. ready to dismiss the chances of the senator as we pointed out, and brit hume has a very different take on mr. cruz. he is here next on that. and what to watch for from the rest of the field. plus, hillary clinton making her ongoing e-mail scandal a big punch line. it's so funny, this whole scandal. but the obama administration is not having as much fun defending her behavior now and being

accused of bad faith in court. >> i am all about new beginnings. a new grandchild, another new hairstyle. a new e-mail account. why not janet? cough if you can hear me. don't even think about it. i took mucinex dm for my phlegmy cough. yeah...but what about mike? (cough!) it works on his cough too. mucinex dm relieves wet and dry coughs for 12 hours. let's end this.

it's been 36 hours since we launched the campaign. in the first day, over 140,000 people have come to our website tedcruz.org. in the first day, we've raised over $1 million. >> we just heard from texas senator and newly minted gop presidential candidate ted cruz. brit hume, it's been basically a day of interviews for him. how is he doing? >> he's doing fine. what he said about fund-raising, i don't doubt for a second. this is the man who really excites the most conservative element of the republican party. possibly more than any other candidate. and i think he will be able to raise a lot of money, not nosily from the big money donors, but from a lot of small contributions. he will have a foot hold in the

race. >> he was asked whether he's too conservative to win. nobody's going to ask hillary or elizabeth warren if they're too liberal to win. he does need to expand the coalition that george w. bush won with if he wants to become president. can he do that? >> the first thing he's got to do is get nominated. you hear all the time that the most conservative part of the republican party is the base. if that were true then the nominees the last several times out wouldn't have been who they were. bob dole couldn't have gotten nominated. i'm not sure george w. bush could have gotten nominated. john mccain couldn't have gotten nominated, and mitt romney couldn't have either. they usually nominate their most conservative nominee. not since reagan and not between goldwater and reagan. when you think about the base, you've got to think about the large elements of the party that ted cruz to some extent will

have to make peace with if he's going to get the nomination. >> but think about the strategy -- >> the general election whole other matter. >> think about the strategy for him going forward. you've got walker you've got bush you've got christie all fighting over sort of the mainstream republican vote. you know, the sort of moderate republican vote. then you've got rand paul and ted cruz over here fighting for the more conservative in the party. do these three guys knock each other out, and he just needs to knock out rand paul? >> he may, megyn. i wouldn't underestimate the appeal of scott walker to the republican party. moreover, he has a record of achievement to run on as an executive in wisconsin that ted cruz can't match as an advocate which he certainly was solicitor general of texas or as a senator. so i think, you know it's wrong to say that he's got this section of the party wrapped up. and the rest of these moderates

will knock themselves out. i suspect what will happen is the more moderate are seen as more moderate, will fight it out. and one of them will prevail. then it will be whoever the more conservative nominees' first choice is. >> how much of a difference is the presidential debate going to make? it was said that the gop candidate is going to emerge freshly minted and having been through this process and ready to sort of do battle with whoever the democrats choose. you know ted cruz is a great orator. his time as solicitor general will count for a lot when you put him out on that stage. scott walker has been criticized in this. >> i would disagree with you about that. >> it's not me it's -- >> i know. he's enormously articulate ted cruz. i don't know that he's a great orator. i'm not saying that -- i'm not tagging anybody else in the republican field with the label

of great orator either. but look, the debates will be important, because we really haven't seen these candidates really -- side by side on the same stage. and if they tried to hold a debate now with the prospective candidates, you would have to hold it in the los angeles coliseum. what will happen here, megyn some of these candidates will never make it to the starting line. they either won't be able to raise the money, they won't have enough support, they'll not get out there and the field will begin to shrink before we get into next year, really. i think we've got a long way to go here. it's worth remembering as we look at it today it's fun to talk about this stuff, but it's really early. >> let me ask you this. you're a conservative man. you make no secret of that. maybe more in the mainstream of the republican party? not necessarily like a glenn beck, republican man, although he left the republican party now. would ted cruz -- do you think sort of the mainstream

republicans will find him palatable, or has he ticked off too many of them by picking fights on principle? >> well, ted cruz has not won any friends among mainstream republicans by his choice of tactics. there's very little disagreement among republicans on these issues that he talks about. that's not the question. but the campaign he waged as kind of a pied piper in the senate to some extent, but much more among the members of the house of representatives that shut the government down -- there's a significant number of republicans out there who believe, and i'm not making this up that the government shutdown did not hurt the republican party, but actually helped it win the majority. now obviously i don't think that's so. but those are the people that will be ted cruz's people to the end. i don't think there are that many of them. they're going to be with him, they'll contribute to him,

they'll be loyal and keep him afloat. but i don't think in the end there are enough of them, and enough people have forgotten about that episode which was a fiasco in the end -- >> who wants to relive all that? you're bumming me out about the presidential debates now. government shutdown i don't know -- anyway we've got several months to prepare. brit, great to see you. >> okay, megyn. thank you. >> i missed pastel brit. it seems wrong to me. does it to you, too? an the same day the president was meeting with hillary clinton in the white house, his lawyers were in court defending the administration over mrs. clinton's e-mail scandal. they've now been accused of bad faith. know how it feels when you've been lied to? former cia interrogator phil houston is here on how to get anyone to spill the beans from a kid doing his home work to what your spouse is really doing on

their facebook page. former ferguson police officer darren wilson was cleared in the shooting death of michael brown, yet he is still in hiding. so how is it that the man who made up the hands up don't shoot lie got a job with the city. >> he turned around and put his hands in the air. [ male announcer ] meet jill. she thought she'd feel better after seeing her doctor. and she might have if not for kari, the identity thief who stole jill's social security number to open credit cards ruining jill's credit and her dream of retirement. every year, millions of people just like you experience how a little personal information in the wrong hands could wreak havoc on your life. this is identity theft and once every 2 seconds someone becomes a victim. lifelock offers comprehensive identity theft protection. the patented lifelock identity alert system lets you know about threats to your identity by text, phone, or e-mail.

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the goj confirmed the hands up don't shot was based on a lie. why is the guy who started it not being held accountable? here's dorian johnson hours after michael brown was killed and the lie that started it all. >> my friend felt that shot. he turned around and put his hands in the air. the officer still approached with his weapon drawn. he fired seven more shots. my friend died. >> two separate independent investigations have found dorian johnson made that story up.

but johnson, who also has a 2011 warrant out for his arrest was hired late last year by the city of st. louis. darren wilson is in hiding and he's out of a jb. job. now, apparently dorian johnson only held his job with the city of st. louis for one month. and we don't know what happened to end that employment. but why isn't he as may ir giuliani suggested, being charged with perjury, arthur for making up a lie that caused a lot of damage? >> it's prosecutorial discretion. in other words, they've decided not to. clearly, the evidence is there. or there's enough evidence to bring charges. whether there's enough evidence to prove beyond a reasonable doubt that's up to a jury to make that decision. but clearly, a prosecutor has enough evidence, if this case is

handled, megyn like any other case in america is in a small police department, the evidence is there. much more thorough investigation was done of this matter than done of any other type of matter where arrests are handed out like this. i think he should be arrested. i think anyone who tells a lie that ruins the life of another individual intentionally needs to be held accountable justice must be done. >> no question the fbi interviewed this man and he likely testified before the grand jury. testimony must have been given under oath. we've seen many people charged with felonies for lying to the fbi. remember scooter libby? and yet no charges for him, mark. do you think it's appropriate? >> well, let's just say this. it depends on what the evidence is. i disagree with arthur who says that there is sufficient proof to bring this case. if there's proof beyond a reasonable doubt, which is the highest burden under the law, that number one he lied, and then they have evidence in spite of not having some type of

confession where he said to somebody, yeah, i lied, i made that up, then what you've got -- >> how are you mistaking -- >> the believability versus accuracy. he believed his hands were up. >> he believed he was turning around running away with his hands up begging the officer not to shoot? >> i'm not buying it, megyn. >> that witnesses said he was running toward the officer without his hands up? >> we're not on the jury, neither is arthur. the evidence i don't think is sufficient. in spite of what we in the court of public opinion feel. >> they put martha stewart, mark, in jail for months and months and months on the same thing. did you know about the stock trade? were you tipped off? yes or no. she said no. they proved that she was. >> arthur -- >> i'm not saying there's enough proof to prove it. but there's definitely enough proof to bring those charges 100%. >> mark? >> you don't bring charges unless there's sufficient proof beyond a reasonable doubt.

you would pack the prisons with law enforcement officers eyewitnesses who you know, arthur on a daily basis are lying. >> what about the harm here? obviously officer wilson's life is ruined. police officers have been executed in different cities. i'm not linking it directly to dorian johnson, but certainly that false narrative played into the actions against police officers. the city of ferguson taking a huge hit on its real estate values. they're saying, oh, gosh, i have it here in front of me here. the real estate values in that city have plummeted -- the average home was selling for $66,000 plus in 2014. last year it was $36,000, now $22,000. that's some of the damage done there. not all because of them but in part. >> you had football players, basketball players, who were being viewed by millions, tens of millions of people putting their hands up and it turns out it seems like if you believe these investigations, that was

made up. it's one thing if you make a mistake. oh i think arthur committed the crime but it was really ablo, and you have two men the same height, but they're both bald, that's an honest mistake. but when you say somebody put their hands up like this when they didn't, you're ruining lives. >> i don't disagree with you, the harm is there. but saying it so don't make it so. if you don't have the proof, you don't bring charges. >> a whole bunch of people said he didn't put his hands up. phil houston will tell you how to get the truth. something not just lawyers, but everyday real people might be able to use. and it's good. it's so good. it's like yes, i'm going to do that! fact-finding mission of all liars out there! anyway, the courts are now weighing in on the hillary clinton e-mail scandal as the white house tries to defend itself. we'll show you what happened there, next. plus, we have new details tonight on the high school that

banned an american pride prom because they were worried it might be offensive.

breaking tonight rescuers of resume their search in a few hours for any survivors of a jetliner crash in the french alps. it went down without warning this morning with 150 people onboard. all are feared dead. trace gallagher with the very latest. trace? >> megyn we now know the germanwings was 24 years old. the plane had more than 58000 flight hours, and 46,000 flights. a significant number of takeoffs and landings. it was inspected yesterday and was grounded for an hour because of a landing gear issue. but the airline said that did not play a part in the crash.

flight 9525 got to 38,000 feet, then began losing 4,000 feet per minute for eight minutes. a high rate of descent, but certainly not falling out of the sky. though it struck the mountains at a very high rate of speed. here's a witness. >> well, i saw the plane at low two or three seconds and as soon as i saw that i sensed it was going to crash. because with the mountain at 3,000 meters, that's not possible. >> airline accidents at cruising altitude are rare, but in recent years it's happened to two other airbus planes. three months ago one flew into a thunderstorm and went into an unexplained stall over the java sea. in 2009 there was also one flying in a thunderstorm when an air speed indicator malfunctioned and the pilots misread the problem. and last year aviation authorities issued airlines a warning, after an a 321 went

into an uncontrolled sudden dive near spain. those pilots did regain control. it reignites the controversy over whether airbus gives too much of the control of the airplanes to computers instead of pilots. it's called fly by wire, meaning instead of pilots flying the aircraft, they're telling the computer how to fly the aircraft. boeing's newest airplanes also use this technology, but pilots can override the computers. critics say it makes it difficult for a pilot to control an airplane in distress like today. the recovery of the cockpit voice recorder today should tell us exactly what happened in the final minutes of 9525. there was no mayday call, but pilots are taught to af yat navigate and communicate. they probably had their hands full. at least 16 high school students and 2 babies among the dead. >> trace, thank you. terrible. the obama administration is now defending itself in court,

accused of acting in bad faith by concealing hillary clinton's private e-mail system as a new push begins for her e-mail server. government watchdogs now suing the state department, claiming it falsely certified that it had no hillary clinton documents to produce. which we now know was only because mrs. clinton was hoarding them. the state department's defense has no obligation to produce records. if those records are not in the government's if they're not in the government's possession, the secretary of state herself has been hiding them in her home. so shannen that's basically it. the gall, i understand the legal, but the gall of the government to say, we have no obligation to produce what we don't have. and not acknowledge the reason they don't have it is because they've been flouting their own

rules and arguably the law to get them out of the state department in the first place. >> yeah. but this is right out of the doj playbook right here megyn. what they're saying is, there's been law on the books for 35 years from the supreme court that says we only have to search what we have. and we don't have those records. but as you say, the very reason they don't have those records is that the secretary of state is the one who has absconded with them. >> right. it makes some sense. what the government watchdog group says, in response to that argument is, the case law which would normally support the government on something like this has an exception. noting that the standard might be different in the event that the agency purposely routed a document out of the agency's possession in order to circumvent a freedom of information act request. it may not be as cut and dried as the government suggests. what say you? >> it may not be. but i think the odds are on the government on this one.

but look megyn, what it shows is just how ridiculous what hillary clinton has done. she's gamed the system. >> successfully. >> circumvented foia. that's exactly right she's done so successfully. >> like the kid who kills his parents and then begs for mercy on the grounds he's an orphan. we had no obligation to produce the documents, they weren't in our possession. why weren't they in your possession, state department? because the secretary of state ran away with them. how can it work? >> what's really ridiculous about what doj has told the courts is, hey she gave us everything. we don't have any reason to doubt her. >> right. >> right? >> right. they're talking about the documents she just recently produced. and how we're supposed to take her word that was everything. we'll get to the server in a second. meantime, chris, she came out in a statement yesterday to a journalism group i've heard people laughing, i don't know what to think of this. you watch it and you tell me.

>> i am all about new beginnings. [ laughter ] a new grandchild, another new hairstyle -- [ laughter ] >> -- a new e-mail account. [ laughter snflt [ . >> why not a new relationship with the press? >> why not? >> look, this was a -- particularly dispiriting. this took place at an award for a journalist, attended by some of the brightest lights in political journalism in america today. the former secretary got a standing ovation there. for some gauzey statement they made. but to taunt to laugh at the very fact that she has left by everyone's estimate a raft of unanswered questions, with

ongoing scandal for her to appear there and joke about that and for journalists to laugh at the jokes, tells you pretty much what hillary clinton is counting on when it comes to her campaign which is -- when it comes to the establishment press at least, that she's going to get a very kid glove treatment. >> so to sum up, she's gotten away with it, and the press has no problem with that. do i have it about right chris? >> i think the press has a problem because they know ultimately that there will be not just the fox news channel but also there will be insurgent journalists, people who will ask the questions and will push it and they feel a certain obligation they've got to at least go through the motions on this. and when we start to see congressional subpoenas flying, there's going to be something else to cover. >> shannen tell me the best means now, because the government watchdogs are pushing to get her server, and so is trey gowdy's group in the congress, that's investigating benghazi, what is the best option for getting it? >> well, subpoenas are the best

option in the long run. but they're going to take forever. the law also allows the archivists of the united states to try to get these records back. but that takes the cooperation of the department of justice. and we see what their position is. i recommended today on national review that congress amend the law allow private citizens to go into court under the freedom of information act, or the federal records act and seek these documents and allow courts to order that. all that would take would be an amendment to existing law to allow that to happen. >> is that all? all right, guys. thank you. >> you bet. there was a big uproar in boston after reports that a high school ha canceled a prom over its american pride theme. they felt that it might be offensive to some. but tonight, literally, moments ago, "the kelly file" has uncovered the real story now. plus, best-selling author of

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from affairs to finances to how did that dent get in my car, everyone faces some deception in their daily lives. thanks to former cia officer phil houston we know how to spy the lie but how do you get someone to tell you everything once you know they have deceived you. phil houston is here. former cia interrogator. and polygraph expert. he has a new book out today called "get the truth." former c.i.a. officers teach you how to persuade anyone to tell all. so this is step two. once you've detected, you know how to spy the lie, or you just know on an instinctual level someone's not being straight with you this tells you how to take the next step and find out what the real story is. what is step one? >> as you just noted, step one is to recognize the person is not being truthful. that's important, because the

methodology that you need to use to get the truth is quite a bit counterintuitive. for example, when we want to get the truth from someone typically what people do is they start asking a bunch of questions. which tends to put the person on the defensive. and their defenses go up and it becomes a conflict, or adversarial. what we really need to be doing is rather than letting them lie every time they open their mouth we should be talking for them. >> that kauks them down? >> what we're going to do, the step number one is we're going to make what we call a transition statement. meaning i'm going to stop them from talking. and i'm going to say something to them that really is indicating to them that whatever they've done to try to hide the information that i'm interested in isn't working. so for example i might say, megyn, listen, i've got to tell you, i've got some problems with what you were saying about our credit card statement.

>> and what does that telegraph to me? >> it means that anything you've done up to that point hasn't worked. because it hasn't fooled me. but it's important that that's delivered in a very low-key manner. i don't want it to become adversarial. >> you're still projecting that you can be convinced. >> well, i don't -- i want your cooperation. >> okay, cooperation. >> if i'm telling you it's not working, you've got to come up with a new game plan. >> then what's your next move? after you've talked a lot and calmed me down. >> i don't want your lips moving. because the behaviorists explain to us that every time you verbalize the lie, you become more psychologically entrenched in it. >> we've seen that from some of our pib lick figures. >> exactly. at as peter roamy said in the book i've lied once so now i've got to stick with it. what we want to do is prevent that. so we're going to talk. and we're going to give you some reasons why you should

reconsider your decision not to tell us. >> like what? >> we may rationalize, we may minimize. hey, listen, megyn everybody, you know, has trouble with their credit card statements. it's no big deal. it's not the first time. this always happens. so we try to lower your defenses even further with what we call a monologue. >> and you say that basically you're trying to tell the suspect that they can still win, and then you switch into a presumptive question, like tell us what you did with it. what did you really do with the credit card? >> exactly. so often what people do after they go through this monologue, is they'll say now megyn, did you really buy all of those things that are on the credit card statement? >> yes, i did. >> versus what we should be saying is megyn let me ask you, why did you buy all of those things? >> you're presuming that i did it. >> exactly. >> that works? >> it works very well. and what's really interesting is psychologically, it's still a

fair question. because if you didn't buy all of those things, you've got a pretty good explanation. it doesn't change the facts. >> i would just say, i didn't. >> exactly. >> you're assuming too much, phil. >> exactly. but if you did, now when i say, why did you do it? you've got to process that mentally. you're saying to yourself do i tell them or do i not tell them? and also it reinforces the concept that the transition statement created, which is megyn this effort didn't succeed. >> you're not getting away with it. >> you're not getting away this time. >> remain calm. you start talking. don't pepper them with questions. lower the temperature. be empathetic. project that there's something they're not telling you and you know it. and then you try to get the presumptive question in, what really happened. >> exactly. >> and then you impeach them with their prior inconsistent testimony and bam! no? >> that would be the lawyer in you. absolutely. >> phil, great to see you.

get the truth and who doesn't want to do that. up next, can't have a prom because it's too patriotic and makes people feel alienatetetetetete janet? cough if you can hear me. don't even think about it. i took mucinex dm for my phlegmy cough. yeah...but what about mike? (cough!) it works on his cough too. mucinex dm relieves wet and dry coughs for 12 hours. let's end this. test

tonight at a high school controversy that got national attention this week. there was a big uproar in boston after reports that a high school had canceled a prom over its american pride theme. but when the"the kelly file" did some digging we heard a different story. trace gallagher reports. >> keep in mind megyn, this happened at the home of the shot heard round the world. apparently the feeling of administrators at lexington high school, because when the dance committee voted for american pride to be the theme of this

year's prom some faculty suggested that because of the diverse demography of lexington, they should tweak the theme. instead of american pride they suggested it be national pride. that way everyone could feel proud of their own countries. when the super was asked if she thought that was a little too politically correct, she responded, quote i don't believe that's the case. well, the students disagreed. with young ethan saying it's a little ridiculous. in my opinion, it's a lot of hypersensitivity to being politically correct. many others agreed, so the school now says the name change was only a suggestion, that the students took it the wrong way and they have every right to call it american pride. apparently the school was just trying to generate some dialogue with the students about being inclusive. never really meant to change the name, megyn. >> i think we ought to sick phil houston on them. trace, thank you. we'll be right back. but first, coming up on

"hannity" at the top of the hour. >> i think this is a perfect example of liberals' cognizant dissident, it's spring break, people party. women are the same as men. when you have the stupid lie in your mind you end up making womemememememe

the star tribune said the cia interrogators have honed their methods on criminals but their advice works equally well on cheating spouses or school kids feigning illness. i leave you with this advice. >> just remember, it's not a lie if you believe it. >> it is wednesday march 25th. a fox news lart. 8 minutes mystery. brand new information emerging in the deadly german wings crash. investigators begin to retrieve data from the plane's black box.

>> mission extended, president obama delays the pullout of our troops as the threat of isis grows in afghanistan. what this means for our military. >> taken for ransom? the desperate search for a woemman believed to have been kidnapped for ransom. >> don't hurt her. please don't hurt her. >> the fbi joins the hunt. "fox & friends first" starts right now. >> good morning to you. you are watching "fox & friends first". it is wednesday morning. i am ainsley earhardt. >> i am heather childers. thank you for starting your day with us. we begin with a fox news alert. update on the plane that killed 150 people. >> this morning they have begun retrieving data from the flight's cockpit recorder. it was grounded for mechanical

problems just 24-hours before it slammed into the french alps. amy kellogg is live with the breaking details. amy? oo hither heather and ainsley. it is a very remote village. we understand the helicopters need 4 and a half minutes to get from here to the crash site way up in the mountains. it rain will complicate the effort and increase the threats of land slides and other conditions that would be hazardous to the personnel. it was sent to paris it is being analyzed. the french interior minister said it is damaged but they are able to get data