e. also, please spot off about the factor. word of the day do not be temeraious. the spin stops here. we're definitely looking out for you. breaking tonight, more than 12 hours after the senate minority leader all but admitted that he repeatedly lied to the american people in the interest of helping the president win reelection, we are still waiting to see if any of his peers will step forward to speak out on this ugly breach of the public trust. welcome to "the kelly file," everyone, i'm megyn kelly. one of the more dramatic moments in the last campaign for the white house came on july 12th, 2012, when then senate majority leader harry reid stood on the floor of the senate on the floor of the senate, and made the stunning claim that the republican candidate for president mitt romney had not paid his taxes in years.

>> he's disclosed one year. his father, george romney, set the precedent that people running for president would file their tax returns, let everybody look at them. mitt romney can't do that, because he's basically paid no taxes in the prior 12 years. >> really? immediately the question started how could senator reid know this? an anonymous source he said. then the fact checkers jumped in. the "washington post" gave the claim for pinocchio saying the tax experts labeled that claim highly improbable. but it didn't matter, the accusation was already out there, from the senate leader. a man in immense position of trust. it became a talking point for democrats and liberal columnists and the damage was done. fast forward to today. mr. reid recently announced he's retiring. and he was in the middle of a looking back interview this morning. sort of a moment of honesty

apparently overcame the man, whether he was speaking with another cable network, and he was asked about his infamous tax claim. >> no regrets about mitt romney, about the koch brothers? some people call it mccarthyite. >> call it whatever they want. romney didn't win, did he. >> romney didn't win, did he. that's his response? the senate now minority leader is saying it doesn't matter that he lied to the country repeatedly, and the stakes of a presidential election. all that matters is romney lost. think about that. and the response from our other elected officials, which has been crickets after one of the top elected leaders shares with us his complete lack of integrity. complete lack of honesty. never mind respect for the american people. and none of his peers so far has seen fit to be at least a little bit ashamed? what does this say about

washington? about america? about our politics these days? joining me now dana lash, author of "hands off my gun," and host of dana. disgusting. it's just disgusting. he's not even ashamed that he lied. he's proud of it. because in his world apparently the ends justify the means. >> megyn you're absolutely right on this. there's a reason why american politics are so polarizing. there's a reason why. this has changed in the past 15 or 20 years. why you have people on the right and the left who can't even get along or agree on simple truths because of people like harry reid. he is one of the most insufferable people in the history of the congressional body. and it's because of things like this. the ends justify the means here? he should be censured. i would love to see some actual leadership in the democrat party to step up and say, you were wrong with this. you defamed someone baselessly because you wanted to win a

competition. it's all come down to winning a competition, winning a race. people don't care about being accurate anymore. they don't care about being truthful. they just want to win an argument. that's shameful. >> that's an interesting point. we've seen in congress investigating the pro athletes who took steroids, or did drugs to improve their game illegally. and yet here we have the -- at the time the senate majority leader breaking the rules resorting to dishonesty to win. that's the lesson he's teaching the children of america today. all that matters is that you win. and if you have to lie to the people who put you in office and lie to anybody watching television, so be it. >> absolutely. and that's not only the example that he's setting for his own grandchildren but that's the example he's setting for the rest of the party. until he's done with his seat, he is going to be celebrated. everyone is going to speak of him so fondly. he is leaving behind a record of

destruction in the senate. he sabotages the amendment process. he smears people baselessly. mitt romney wasn't the only one. he called the koch brothers unamerican because they do something no differently than any other donor in the democrat party. but he's targeting them specifically because they tend to fall on the right side of things. enough is enough. he needs to be censured for this. honestly i'm not going to be surprised that never happens, because there are no ethics. there is no morality. there is a party that just wants to win. they don't care who they throw under the bus. they don't care about the truthfulness of it. the reason we are in the situation that we are in in politics, in the united states of america is because of people like harry reid. and people with more zeal than ethics. >> i don't think you can condemn the whole democratic party for this. but harry reid -- >> they have to stand up. >> dana, great to see you. >> he's fair game, but they have to stand up. thank you, megyn. always good to be here. >> richard, i want to get your

reaction. let's show the audience that moment again. and kudos to dana bash for asking that question and understanding the news that he made. i want to see it again so the audience can hear his tone. >> no regrets about mitt romney about the koch brothers? some people have called it mccarthyite. >> no. they can call it whatever they want. romney didn't win, did he. >> i mean, listen, you're a liberal democrat. you support that party. that's fine, right? does he speak for you? >> here's the thing, megyn. in political elections and presidential campaigns, everybody lies. let's talk about all the people who thought he was born in kenya, when he was actually born in a united states territory. it's a job of the senate majority leader, whether it's mitch mcconnell today or harry reid, it's their job to defend

their party vehemently. do we really think that harry reid's one claim is the only reason mitt romney lost the election? that's not true. >> the point is he thinks it, and he's proud of a lie he told because he thinks that -- >> democrats ran a good ground game and they beat mitt romney fair and square. >> that's fine. hey, that's the game. mitt romney joined that game. this is wrong. and you know it's wrong, don't you? >> i think it's politics at its finest. both democrats and republicans all play politics, they twist the truth. it's our job to get to the truth. but it's the job of politicians to evade the truth. that's what they do. whether they're democrats or republicans. >> but completely fabricating stuff -- >> he's not the only one who fabricated things. >> it doesn't excuse it, richard. >> made a comment that he would do everything in his power to make sure barack obama loses

not america wins but barack obama loses. he's not being crucified. >> completely fabricated claim that he makes up -- joe wilson was censured for yelling out at the president you lied. there was a national backlash against him, richard. >> that was completely and different. republicans can be -- the american people can be as outraged as they want to with harry reid. i'm pretty sure when i leave the show they'll tweet me and be outraged because i'm defending him. mitt romney defended it. but he lost the election. >> romney's got to combat this. >> romney has to talk to the american people as to why he has dressage horses and -- >> we're way off base. i was hosting the afternoon program, and discussed with julie, this is how he nailed it.

watch. >> i'm going to make news on your show today, megyn. the word is out that for the past ten years harry reid has been beating his wife. do i know that harry reid has been beating his wife? do i have proof? no, but the burden of proof is on him to prove that he hasn't been beating his wife. that's what harry reid did to mitt romney. >> isn't that right? >> that may be right. people said the president was born in kenya. he put his birth certificate out to the american people and said, i indeed was not born in kenya. >> but going on the senate floor and saying that. >> louie golmert said he was from kenya. michele bachmann -- >> it's different. >> -- put out lies about this president. he told the people the truth. the people believed his truth. they didn't believe mitt romney's truth and he won the

election. >> listen, you defended the man. you're entitled to do that. richard, good to see you. nancy pelosi at the time, harry reid made a statement that is true. somebody told him. it's a fact. and harry reid is a person who wouldn't say this unless it was true. thanks for that. thanks. we're taking your thoughts on this tonight. facebook.com/the kelly file, and on twitter at megyn kelly. our legal panel weighs in a little bit later. some potentially bad news for hillary clinton in her e-mail scandal. both on the legal front and the political front. that's next. and two teens allegedly attack a white man on a train for not taking a stance on the michael brown case in ferguson. was it a hate crime? we'll investigate. .

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a select congressional committee has given mrs. clinton 30 days to answer outstanding questions about her e server. then the state department's inspector general just announced he has launched a separate investigation into this matter. plus new polling out today suggests the scandal is having a growing effect on the public perception of mrs. clinton, and not to her benefit. shannon kaufman former doj assistant attorney general, along with chris, our politics editor. but first, tonight we have a kelly file investigation for you into claims that mrs. clinton's private computer server has been wiped clean and has no data left on it. trace gallagher has that. trace? >> megyn the experts seem to agree it's highly difficult to permanently delete e-mail, but it depends on who's deleting them. you or i would have a tough time eradicating our e-mail trail.

but when hillary clinton's attorney said clinton's ip staff confirmed to him the messages are gone for good, it reinforces the notion that a savvy ip staff got rid of the information. when you delete an e-mail, it is like pulling a file out of a file cabinet. and when you wipe clean your server, it's like shredding the file you pulled out of the cabinet. if you replace the hard drive, it's like burning the file altogether. remember, it's still possible to pull clues from the ashes, it just becomes much more of a process. so there are two reasons the server is so important. first, because some e-mails might be retrievable. and second, what's gone can leave as many clues as what's still there. computer forensic analysts say the server can reveal things like the timeline of when e-mails were deleted, in what order they were deleted, and when the server was wiped clean or changed out. in other words, getting rid of

stuff leaves behind red flags. in his letter to clinton's attorney, benghazi chair trey gowdy writes quoting here, the decision to delete the records during the pendency of a congressional investigation only exacerbates our need to better understand what the secretary did, when she did it, and why she did it. bottom line, megyn those answers may lie within the hardware. >> trace, good to see you. if hillary clinton's e-mails still on that server and recoverable, how exactly are the investigators going to get their hands on them. shannon former assistant doj. good to see you again tonight. >> hello megyn. >> how? >> well, so what we're seeing is the sort of slow dance that is involved with congress trying to get documents or in this case the server. and what trey gowdy is doing is playing the pretty please game right now. he doesn't want to be accused of

sort of a kamikaze mission. so he's asking nicely. but the next step is a subpoena. what he's saying is, come talk to us, and if we don't get satisfactory answers, we're going to step it up a notch. and that next step would be a subpoena. >> that would come from the entire house, potentially. >> that's probably right. >> but she's likely, as you pointed out before to blow even that off. and if she does that's really the end of the road. they could pursue the attorney general to go after her, but realistically isn't that the end of the road if she blows them off? >> well, you can try to get criminal enforcement of contempt of congress in those circumstances, which would be up to the next attorney general. who, by the way, is up for confirmation right now. and that might be an issue in the confirmation hearings. but the other option would be a civil enforcement proceeding by the entire house, which would

get a court involved, and get a court to order her to turn those over. >> it's going to take a long time. >> it will take a very long time. >> let's talk about the lawyer letter fired off by hillary clinton on friday, but how she's allegedly deleted everything and wiped the server clean. you found some interesting things in that letter. >> yeah. so one thing that's very interesting about that letter is the process that david kendall explains to the committee. he says first of all she stopped using the e-mail account at issue about a month after she left the state department when gawker hacked her. but notwithstanding the fact that she hasn't used that account, the way they apparently deleted these e-mails is recently after dumping documents on the state department, was to set some auto delete feature. if she's not using an account,

megyn, what's the point of setting an auto delete feature? that would delete e-mails 60 days out. but if there are new e-mails coming into the account the only reason to do that is entirely to hide the e-mails. >> it looks very suspicious. >> it's concealment. you've said it a number of times, and that's exactly what it is. >> that's what the law prohibits. new polls revealing that the e-mail scandal may be hurting mrs. clinton's hopes of becoming the next president. her unfavorable rating in three 2016 swing states, florida, pennsylvania and ohio, show bad news for mrs. clinton. chris is our fox news digital fox news editor. her swings have been pretty significant in each of those swing states. not only that, but for the first time in those states, some republican candidates have overtaken her. jeb bush in florida for the first time showing now beating hillary clinton.

rand paul in pennsylvania for the first time edging out mrs. clinton. and really really tightening the race between rand paul and mrs. clinton in ohio. this all because of e-mails? >> well, look part of it is she has gone from being sort of this states woman of the earth this apolitical, above politics figure, to she has reminded the american people oh yeah she is one of the most divisive partisan polarizing figures in modern political history. she's been sheep/goat separating. it's become clear she would be the democratic nominee. people are getting to their side of the thing. but the biggest part of it i would argue given the depth of the drop especially how people deem her as trustworthy or not, and how people feel about her as a person, are they favorably disposed to her or not. in a span of just a month that's a pretty precipitous drop-off.

it's the opposite the absolute opposite of what her campaign said, and what most of the establishment press told us was happening when this whole e-mail thing started to go kablooey. >> nobody cares. move sglalg how dare you even ask these questions. the voters don't care. i believe there was a "new york times" story within the first two days of this stuff breaking that said voters won't care. voters don't much care about this. well how would you possibly know? remember, the first rule of politics, every election is a character election. every election is a trust election. other issues come in and get involved, but if people don't think you're of good character and people don't trust you, by the way the business about reid and romney goes to all of that, if people don't trust you, then they won't vote for you. and hillary clinton has a problem about enjoying the trust of the electorate. >> o'reilly was talking in the last hour about the content of those e-mails would hurt her

worse than the scandal of deleting the e-mails. yet the scandal of deleting the e-mails seems to be posing perhaps a bigger problem for her than she had anticipated. what do you think? >> she's not good at running for president. there is no question about that. that doesn't mean she won't -- very few of us are good at it. her husband was good at it. but she is not good at running for president. that does not mean that she will not be able to grind out a win here that she can't shrink the electorate, that the republicans will be dispirited because they don't have a nominee. i won't say that won't happen. but as we saw with the first phase of the campaign and her book tour, she's just not that good at this. >> she should get her friends to go out on the senate floor and demand to see -- say that rand paul or ted cruz or whoever hasn't paid their taxes. that apparently worked very well. great to see you. >> you bet. >> with the firestorm growing over indiana's effort to protect religious freedom the governor

vowed changes to the controversial law. >> was i expecting this kind of backlash? heavens no. >> but will these changes leave people of faith under the bus? tony perkins is here with answers on that. tackle it with fda-approved jublia! jublia is a prescription medicine proven to treat toenail fungus. use jublia as instructed by your doctor. once applied jublia gets to the site of infection by going under, around and through the nail. most common side effects include ingrown toenail, application-site redness itching, swelling, burning or stinging, blisters, and pain. tackle it! ask your doctor now if jublia is right for you. bring us your baffling.

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an underground fortified military bunker to enrich uranium or keep stockpiles of uranium that they previously agreed to ship to a third country, on top of the concessions we already granted iran in terms of the number of centrifuges they were allowed, we are making a very bad deal. >> you know, the state department is saying, not exactly, but saying they feel like they're almost there. what is the point of throwing it all out that if they extend it to -- by a day or two, they could get there. >> megyn the fact that the president wants to go back on his own words and extend past the march 31st deadline, shows a weakness to the iranians. that's the problem we've had with these negotiations a year ago. the president lifted the sanctions, just to bring iran to the negotiating table. and we've continually given away the best cards we hold.

the best approach would be to walk away now, to reinstitute the suspended sanctions and impose new sanctions to get back to a position of strength so we can negotiate a better deal. >> basically the administration was rolling along with tough sanctions that would have ideally led to complete capitulation. but they stopped before they got to complete capitulation. now they're saying wouldn't a negotiated deal even if it lands short of complete capitulation but that's negotiated and agreed upon be a good result. >> megyn, i like most other americans would be happy to see a negotiated bill that blocks iran's path to a nuclear weapon. not just today and tomorrow, but 10 and 15 years from now. the president is largely isolated on this question. 370 members of the house of representatives said they wanted to see a deal that blocked any path. the socialist government of france is drawing a harder line than the president is right now. the president needs to stop, take stock of the mistakes that got us to this point and work with congress to reimpose

tougher sanctions so we can once again negotiate from a position of strength not of weakness. >> senator tom cotton good to see you, sir. >> thank you, megyn. >> indiana's religious freedom law, the governor promises changes today. tony perkins is next with the reactions on these changes and who wins and who loses here. hbo's scathing look at scientology is raising questions about whether this church is entitled to the huge tax breaks it gets under the law. our legal panel is here on that. >> someone told me there's this consult and it makes anything possible in your life. >> i was deeply convinced that we were going to save the world. >> it was a transcendent deal.

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developing tonight, new attacks are leveled against indiana over its in you religious freedom law, andrew cuomo becomes the second democratic governor to ban all nonessential travel to indiana. state workers. it comes on the same day that the indiana governor, mike pence, actually pledged to modify the law. watch. >> let me say i believe this is a clarification. but it's also a fix. it's a fix of a bill that through mischaracterization and confusion has come to be greatly misunderstood. and i'm determined to address this this week.

was i expecting this kind of backlash? heavens no. >> tony perkins is president of the family research council. tony you were here last night defending the law. now that you've heard that the governor is prepared to modify it a law you thought was fine as it was standing what say you? because todd, who has been very outspoken said he believes that governor pence threw the people of faith under the bus today. >> well, i certainly hear the engine roaring. i wouldn't say we've been thrown under the bus just yet. mike's been a long time friend of mine. but i think he enraged his friends. there are people deeply concerned about the growing intolerance towards religious freedom in this country. they were very disappointed. there's no question about it. however, this language this fix, we've not seen it yet. and there's still an opportunity i think to salvage the heart and soul of what this religious freedom restoration act was intended to do.

>> the question was what that was. governor pence for some reason will not get specific about whether this law would specifically in any case allow a florist, for example, objecting to a gay wedding, to decline to participate in a gay wedding let's assume for this hypothetical that discrimination against gays was illegal in indiana. which it's not. by the way. >> right. >> but if it were, do you believe this law would then protect the religious objector? >> not necessarily. it could be a defense. say someone like a grandmother under threat of law, in another state in washington state, is not only going to lose her business, but maybe her house because she refused not to sell flowers to gay men or lesbian women, but she didn't want to participate in arranging the flowers within a wedding, because she sees that as a religious ceremony. so there's got to be space in our culture for people who have religious objections. that's all that's being asked

for under this rfra which has been in place for 20 years give people of faith space. not to force them. >> respond to this. what gay and lesbian activists say, they want to know whether religious liberty can be allowed to destroy the civil liberties of gays and lesbians. >> how can someone coming in saying, i want you to photograph my wedding, my same-sex wedding and that photograph saying, no i really don't want to do that, what we're talking about here is forcing someone to engage in something that violates their beliefs in their faith. >> let me stop you there and ask you that. because the other analogy used back in this country, illegal for blacks and whites to marry. and many justified that on religious grounds. that wound up in some court opinions saying god didn't want it to happen. if we had allowed the religious objections to stand in those cases, to this day, an

interracial couple could go into a florist and be denied the flower services because one is black and one is white. >> i think first off i think it would be much more difficult to try to base a religious view on scripture on the issue of racism. or racial separation. here we have very clear issue of marriage, which is from the beginning of the bible all the way to the end, genesis to revelation, it talks about man and woman. jesus for himself affirms a marriage between a man and a woman. the five-step test which you're familiar with as a lawyer is only a -- offers a defense. it's not in clad. >> it gives those of asserting a religious objection the opportunity to be heard. i just want the viewers to understand this. that this law does not allow discrimination against gays. >> no. >> that is already legal in the state of indiana. until a state -- >> no but -- >> it is.

gays and lessbians as a protected class. they can be fired for any reason, somebody doesn't want to do my wedding because i'm over 40, yes, it's true, then that's okay. whether it's the state or private. >> but megyn, it's not happening. it's not going to happen under the rfra. >> but some people say that's the whole point of the rfra. >> no it's not. native americans, zekes, or others, there's got to be -- al gore back in 1993 when it was signed, he said the religious freedom restoration act is something all americans can embrace. what's changed? the policy being pushed by this administration has created hostility toward religious exercise. there are those who want to quarantine faith within the four walls of the church. that's wrong. they want to eradicate any practice of faith outside the walls of a church. that's not what america's about.

>> last question. governor cuomo not allowing any state -- he's going to cuba on official business by the way. >> the lunacy of the left here. >> governor cuomo -- >> i mean you say the governor of connecticut against indiana. they have a stronger rfra over there. i guess they'll even ban people from commuting to work. this is what's happened here, megyn, the curtain has been pulled back on the lunacy of the left. we see what the -- they're incoherent in what they're trying to apply in america. the sad thing about this megyn, is that this is the fundamental first freedom of religion that everything else hinges on. fortunately we saw in arkansas they actually passed it tonight. the governor is going to sign it down there. the concern is what happens when the court redefines marriage, if they redefin marriage. i think we'll see this breaking out all over the country. that's why you see the states adopting rfras to protect religious protections. we've got to have room for that in america.

>> i don't know. i see your argument. i also think gay rights activists have a bigger fight to fight before they take on the rfra as outlined in the previous three minutes. tony, always great to see you. >> thanks megyn. we're taking your thoughts on it. we have a new look tonight at a claim of stolen valor that has gone viral online. senate minority leader harry reid, saying no regrets claiming that mitt romney never filed his taxes, even though it was a total lie. just ahead could he face any sort of punishment for this breach of public trust. a question about the ferguson shoorting, allegedly sparks a brutal beating caught on camera. was it a hate crime? our legal panel is here next. 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...

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really thought about it. and he was too tired to think about it. but at the time he knew he was in a bad situation. listen. >> i knew it was going to be trouble when he asked me what i thought about the michael brown incident. they were out looking to hurt someone. >> reporter: so right before the train comes to a stop and the doors open, watch what happened. you can see that he is repeatedly punched by the guy in the red shirt, and one of the other suspects then delivers another blow. finally, the man is kicked before the attackers flee the train. two of the three have now been arrested and charged with misdemeanor assault. even though it's black man attacking a white man. and the michael brown case seems to be the motivating factor. this is not deemed a hate crime. a spokesperson said our community is broken and needs time to heal. and that statement can be divisive, but we cannot assume the motive was racially charged without any evidence.

as you saw there were plenty of other people on the train but no one intervened, no one offered help no one called 911. metro link said it's trying to beef up security. but the victim says st. louis has a big problem right now, and everybody needs to be vigilant, megyn. >> trace thank you. joining me now mike eiglarsh now criminal defense attorney and a fox news legal analyst. arthur, could they and should they consider charging this as a hate crime? >> the trend and jurisdiction throughout the country is to seriously look at charging a hate crime if they can. here's what my experience is. unfortunately, as a defense attorney, i have a lot of experience with this. prosecutors seem to want direct evidence. the evidence here, whether they're a hate crime exists or doesn't exist, is circumstantial evidence. three black people a white person. they're talking about a racially charged issue. so that's circumstantial evidence that the motivation for

the punching, for the assault was motivated by race. but the direct evidence would be when you just saw that interview, as if before they threw the punch, or as they threw the punch, they made a derogatory statement regarding his race, his sexual orientation or anything like that. politicians kind of pull back unless they have that direct evidence. >> mark? >> yeah i disagree with arthur. there's definitely not enough for a hate crime. there is in the court of public opinion. in a court of law this would boomerang back from the appellate court. we can't speculate that was his motive in a court of law. so if you think maybe it was racially motivated -- >> that's what i said mark. >> -- probably racially motivated, proof beyond all doubt that i think it's likely racially motivated, that's not proof beyond a reasonable doubt. >> let me ask you this. is it enough mark, that they can prove race is the motivating

factor? >> "a" is enough. but speculation is not evidence. >> it's usually speculation. it's very rare before somebody engages in a hate crime that they say this is why i'm doing this, because you're x, y or z. >> there's usually more. there's statement, evidence of the person's intent. in this case talking about a case that involves many issues including primarily race -- >> many issues. i mean, like nobody understands what ferguson means. that whole case was about race was it not? >> yes. believe it or not, megyn a lot of defendants actually do use racially start or sexual orientation charge in the beating. take you, this x, take that, you y, when there's that kind of evidence, the prosecutor has no choice. here it's on the fence. >> and it's not necessary. but misdemeanor assault doesn't sound like it's going to carry very serious charges. these defendants are 21 and 15

years old. what does that mean, mark? >> that means unfortunately the teeth is not there to do that much. but if there's a maximum penalty, they should consider something like that. they didn't just strike him once. it was a repeated brutal beating. i think the judge should impose jail time. >> harry reid appears to have told a bald-faced lie on the senate floor with which he's very pleased with himself about this, arthur. obviously mitt romney is not going to sue him for defamation. but could there be a legal action? >> backing up one second. imagine romney lost by a razor-thin margin and he was able to make a claim, that the presidency of the united states of america was stolen from him by slander, based on this politician, that would be a very interesting case. would he sue for billions and billions of dollars? in terms of a criminal case mark, he's not under oath. so i don't know the exact rules of -- >> harry reid has his beautiful

fluffy blanket that he gets to wrap himself in because of where he makes these comments. >> article 1 of the constitution, i'll take why we hate politicians for a thousand. he's not impeccable with his word, and use the constitution to his advantage. it's reprehensible. >> what is harry reid's line? you've got to put it in the form of a question. here's the form of a question i have for you guys. i'm going to have to hold you over because we ran out of time. there was this documentary on on sunday night getting a ton of feedback from our viewers on it, involving the church of scientology, which is a multi multibillion dollar conglomerate now that pays zero in taxes. is that right? and is that really a religion? next. ing us your aching and sleep deprived. bring us those who want to feel well rested. aleve pm. the only one to combine a safe sleep aid... plus the 12 hour pain relieving strength of aleve.

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someone told me there was a cult and anything is possible. >> i was convinced we were going to save the world. >> it w transcendent experience. >> you feel euphoric. >> that's what you do inside scientology. >> that was part of the trailer from the new hbo documentary "going clear." raising new questions about the multibillion dollar church. mark and arthur are back with us. mark, should this organization be tax-exempt? >> let's start off with, if what you believe is true, if you believe that that video depicts what really goes on in there, mental and physical abuse, crimes -- >> which scientology denies forcefully. >> i have no first hand

knowledge. but if it's true it reminds me more of a hell week in a fraternity. >> the claims in the movie document physical abuse, complete os traization if you try to leave the church. they make your family disassociate with you, if they're in the church. all sorts of strong-armed tactics to protect their brand which, you know, includes holding two soup cans and figuring out whether you've got some satans inside of you, you need to get out, arthur. >> everything you may be saying is accurate. or not. but according to the irs code megyn, it is so easy to get tax-exempt status. there are 14 different categories. and you don't need to have all 14 satisfied. you need to have some of them. and this question was raised to me when i was a prosecutor in brooklyn. i see these beautiful brown stones with little plaques on them that says the church of arthur. and i'm like, what is this about? and i found out as long as it's

an organized thing, and it's worshipping going on, and the irs is not supposed to, like, allow their own beliefs if you meet most of the 14 categories, you don't pay taxes. >> yeah arthur but if the bald is beautiful church started abusing their members, the government's out. >> i don't know. >> that very rarely happens. >> great to see you guys. we'll be right back. ♪ at mfs, we believe in the power of active management. every day, our teams collaborate around the world to actively uncover, discuss and debate investment opportunities. which leads to better decisions for our clients. it's a uniquely collaborative approach you won't find anywhere else. put our global active management expertise to work for you. mfs. there is no expertise without collaboration.

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hume, david perino mike huckabee and howie kurts. thanks for watching, everybody. i'm megyn kelly. at the church of arthur, they have pasta wafers. a tough week here in the hoosier state. >> governor mike pence vows to clarify and fix indiana's religious freedom law. >> this law does not give anyone a license to discriminate. >> here with reaction. >> no more secrecy. >> are hillary's scandals finally catching up with her? >> no more zone of privacy. after all what good did that do me. >> the damning new poll numbers that say yes. plus, we have the disturbing 911 call from the night that seven people were shot at a spring break party in panama city beach, florida.