watching us tonight. ms. megyn warming up. i'm bill o'reilly. please always remember the spin stops right here because we are definitely looking out for you. breaking tonight new fallout from a devastating report ripping "rolling stone" magazine for its handling of a high profile report on a rape accusation at the university of virginia. welcome to "the kelly file" everyone. i'm megyn kelly. the original story was entitled, a rape on campus, and it recounted one woman's story of how she was sexually assaulted by a group of men at a fraternity party. how she was pressured by friends not to report the assault. and how the school's response fell short when she did come forward. but not long after publication we saw strong evidence that that alleged crime never happened. and then we learned that neither

the reporter nor the magazine ever even spoke with the accused. now comes a scathing and lengthy review from the columbia school of journalism suggesting this story should never have been published. concluding in part it is, quote, a story of journalistic failure that was avoidable. the failure encompassed reporting editing, editorial, supervision and fact checking. among the failures, the reporter did not confirm basic elements of the accuser's story. like whether or not the fraternity even held a party on the night the purported rape occurred as the accuser suggested. the report neglected to interview any of the alleged victim's friends who were reportedly with her moments after this incident. nonetheless the reporter quoted said friends in her piece. and the reporter and the magazine's editors and the fact checker never even confirmed that the man who was said to have orchestrated this entire

horrific crime existed. and now we know he doesn't. we have a powerful lineup tonight on this important investigation including two former friends of the accuser who were apparently falsely quoted in the original "rolling stone" article who were quoted in it but who were not contacted by "rolling stone." also, judge andrew napolitano on the fraternity's threat now to sue this magazine. and howie kurtz on how the "rolling stone" magazine is reacting to the columbia university report. we begin tonight with howie who is host of fox news's "media buzz." i spoke with him earlier. howie, how bad is this for "rolling stone" magazine? >> this is one of the worst journalistic catastrophes of the last century. >> wow. >> it's unimaginable this thing got published. it's not just that the magazine didn't talk to the alleged attackers and there was no deal with the accuser named jackie to do that. the magazine didn't talk to jackie's friends who would have shot down this fraudulent scheme had they been contacted.

the editors didn't even know the name of the alleged date that took her to the alleged frat party where the alleged assault took place. not surprising retrospect since no such person exists. >> not only that but they admit when they called the fraternity to do what limited fact checking they were doing they basically said there's been an accusation of a gang rape. they didn't name the night, they didn't say it was during a party. they didn't give the fraternity the chance to actually check its own records so they could fact check any part of it. it wasn't until they read it in the "rolling stone" magazine that they had that chance. >> and now, megyn, you have the founder and publisher of this music magazine saying, well, we were taken in by an expert fab fabulous fabulousist. anyone been in the journalism business for three weeks know people tell all kinds of false stories. it's your job to check and double check, especially with such heinous allegations that embroiled the university of

virginia campus, libelled this fraternity. >> it's important they have now chasened potential rape victims from coming forward because now they're going to be perceived as jackie. but what about the condemnation we heard of virtually all men on college campuses portrayed as pariah forwho go there for the express purpose of raping. this plays into a narrative about young men on college campuses and how they need to be feared that is not always true. vast majority of cases it's not true. >> but of course sometimes it is true. and that's the really corrosive damage that this act oif journalism has caused. not only is nobody being punished at "rolling stone" despite this columbia report, none of the editors are being disciplined. sabrina erdely will continue to be a reporter, but this is a classic case of an activist reporter and magazine that wanted to launch a crusade. so it couldn't just be a rape it had to be a gang rape.

and it couldn't be a gang rape, it had to be face injured by shattered glass. all the spectacular elements here the only thing that made it an irresistible tale for "rolling stone" makes it all the more imperative that you check and double check. and it turns out there was no corroboration here because it didn't happen. >> because i mean, even when you read their statements now, they seem to be holding onto this but this was a real thing, but we needed to protect the "victim." and to this day we don't know whether this jackie is a victim or not. in fact, it seems that the victimized party here is phi psi an incredible tale has been spun that has zero basis in fact. >> and jackie is now not talking. and people forget "rolling stone" initially dug in and defended this alleged piece of journalism after it became clear from other reporting. >> and to this day how is the reporter not fired?

>> i can't understand -- i don't think "rolling stone" understands what a message that sends that the damage done by this trip down fantasy lane the damage done to all the reputations including specific people at uva who were misquoted and portrayed as insensitive uncaring toward jackie to have nobody suffer any penalty at all says to me they still don't get it. >> two of those students are coming on in a moment. howie, great to see you. >> same here megyn. >> just hours after this report condemned the failures by "rolling stone" magazine, we heard from the uva fraternity at the center of the story. as the group phi psi announces plans to sue the magazine for what it calls reckless reporting. judge andrew napolitano is with me now that's it. it's on "rolling stone," and your weak apology without any accountability for any of the parties who did this to us is not acceptable. >> well the fraternity as an institution and the individual

members of it are clearly the victims here. they were victimized by a plot between the alleged victim of the rape that didn't happen, the editor of "rolling stone" and the person that put the story together. but the courts are reluctant to accept defamation actions when the plaintiff is a group or an entity rather than individuals. and these people -- >> it's not like "rolling stone" said you know bob smith committed a rape. >> right. >> and bob has been exonerated. >> they were either a student of not to mention real names or she was unable to give them real names because the event she claimed happened never happened. >> the one name she really gave them was a complete fabrication the person doesn't even exist. >> correct. so it would require a judge to change the law. now, sometimes the law changes -- acts are horrific. >> but what about when it's a group like this. fie kappa psi has been completely defamed. what she said happened never happened. that's been established. and not to mention the

fraternity took a huge pr hit. >> absolutely. i hope they do file the lawsuit, i hope they get a courageous judge or courageous appellate court that says the facts here are so outrageous, this was such a reckless disregard for the difference between truth and falsity, we want a jury to evaluate everything that happened here because the people who did this need to be shamed. and if they have financial assets need to be punished. now, as a practical matter, if this happens the "rolling stone" -- the magazine is insured and the insurance carrier -- >> that's right. uva cannot sue anybody because it's a state-run institution and therefore the law is very clear. >> correct. >> but the fraternity can potentially sue. and -- >> attorney -- >> that's what how about the teresa sullivan, the president of the university as "the washington post" blogger said today she essentially found the fraternity guilty based on a story in a music tabloid she hastily imposed a group

punishment on the entire greek system and pretty much stood by while angry crowds mobbed and vandalized that fraternity house. and where's her apology? >> her behavior is just as who risk and maybe worse than the magazine. she is the distinguished chief executive officer of one of the finest universities in the country. and she engaged in something as horrific as group punishment. i think a few of you did this so i'm going to punish all of you. that is reprehensible. >> reminded me of the duke case. it's not like this never happened before. this happened and a university rushed to judgment before and shut down that lacrosse program. and here she goes again just based on an article. >> we had the same thing happen with the university of oklahoma. couple of students got drunk at a fraternity and the president of the university, again a state-owned school decided to punish people that have nothing to do with their hate-filled but probably protective, rant. this is liberal intelligentsia in the academy wanting to prove how strong it is to defend the rights of a victim that created

more victims and didn't give a damn about the truth. >> that's the thing. you can't presume one's victimhood. nobody wants to discourage actual rape victims from coming forward, but you have to determine who is a victim. and if you just jump to the conclusion of believing everything allegation, then you may be victimizing the young men who stand accused in these cases. that's not okay either. and the question there, judge, is whether it is time now for publications and others to name the accuser in this case. >> absolutely. this was a collaborative event between the publication, the author and the accuser and the public. hopefully a jury in virginia has the right to know who these people were and evaluate their behavior and assess damages against them. >> final question. this reporter faces no discipline, she doesn't lose her job. and she came out today and apologized to uva, to sexual assault victims everywhere but not to the fraternity. >> it's inconceivable that she cannot see the harm that she

caused to innocence. that's why i want this to get to a courtroom, megyn. >> we'll follow it. judge great to see you. >> thank you. >> we mentioned how the magazine never spoke with the friends this author -- this reporter quoted in her own article. but we will. they're here next with the rest of this story. plus, we have breaking news tonight on hillary clinton's run for the white house. chris stirewalt has got the late-breaking news. plus, one of the top intel chiefs under president obama lieutenant general michael flynn makes some news here tonight on whether he thinks our enemies got to hillary clinton's server. and then with rand paul ready to roll out his campaign, new questions coming up about his foreign policy lans. we'll have that just ahead. >> congress should also live under the laws they pass. if they won't listen we should limit all their terms and send the career politicians packing.

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breaking tonight, on our top story after a month's long investigation today slammed "rolling stone" magazine for journalistic failures in its report on a rape claim at uva. we reached out to some of the folks involved in the story. the report found that the "most consequential decision made was to accept that the reporter never interviewed any of the

alleged victim's friends who were reportedly with her on the night of her alleged attack." tonight, we're joined by two of the three friends mentioned in this article. uva students ryan duffin identified by the student named randall in the magazine article and alex stock, identified as andrew. guys thank you so much for being here. it's really incredible when you see, you know, you two guys and then you read what sabrina erdely wrote about you taken from jackie, the alleged victim here. i know you were both friends we are with her. you became friends with this woman and she called you on the night of the alleged rape. and what did you see when you met her? >> yeah. so she called me up probably around 12:30, 1:00 on the night of the alleged attack. and i met her outside one of the dorms at uva. the first thing i saw when i, you know saw her is she was sitting on you know, a picnic bench. she was crying. she seemed really emotionally

distressed and seemed really obvious she had just gone through something absolutely horrifying. >> did she have physical bruises on her? cuts? was she bleeding? >> no it was all behavioral. she was crying a lot. she was kind of struggling to get words out but there wasn't really any sort of physical indication either on her body or clothes she'd gone through any sort of injury. >> what you didn't know is after the fact -- after that incident i should say she was talking with "rolling stone" magazine, she was telling them this fantastic tale which did not match the tale she told you that night, different number of attackers, different number -- or different kind of sexual assault. many inconsistencies. and the "rolling stone" magazine journalist did ask to speak with you. jackie told "rolling stone" you said you didn't want to be a part of the "blank show," did that ever happen? did you and jackie ever have that conversation? >> no. i was never contacted by jackie or by any of the other staff at

"rolling stone" prior to the publication of the article. >> so the first news you had of your participation in this, your friendship with jackie and this tale, was when you read it in "rolling stone"? >> yeah. that was the first i knew it was going to be a story. >> unbelievable. >> alex, you were there that night too. and you're described in the "rolling stone" article as concerned allegedly that her reputation would be shot for the next four years, discussion sabrina erdely reported you stood there mute while in her bloody dress. made you sound pretty callous. >> absolutely. i mean, that's just not true. and i think if sabrina would have reached out to any of us she would have known that was not true. i know it says my concern was i wouldn't be involved in greek life if she reported it but i'm not in greek life. that was not something that was particularly of interest to me anyway. >> alex, do you believe now -- i mean, "rolling stone" never contacted either one of you until after its report hit and

"the washington post" and others started to uncover problems. do you believe any of jackie's story alex? >> well, megyn, look, you see what the police chief said last week. this isn't her first rodeo and that she has made other false accusations or you know unfounded accusations in the past. so i think it's very unlikely. can i say 100% that absolutely nothing happened that night? no. i can't say that 100%. but based on her track record and some of the huge inconsistencies with the perpetrator not even existing, i don't think there's any basis to say this was likely at all. >> ryan, she seemed to have feelings for you. and some have concluded that this entire thing was a ruse to win your affection, to somehow get attention from you because she was very focused on you throughout. do you believe that's why she did this? >> i mean i like to think that it's not. i really am still forced to wonder if maybe she went through

something very traumatic at some point in her life that's manifesting itself in this story. now, whether the actual details of the story itself are true or not, you know, it seems like they're probably not. but i like to think that -- i like to hope at least that it wasn't a big elaborate ruse designed to get my attention. >> and yet she made up this -- she led you down a weird path of texting with haven he didn't exist. her duplicitous behavior is well-documented in this report. alex, what do you think should happen to her? should she be publicly named? and what else if anything? >> well, i mean, she has been publicly named. her name was released by some kind of anonymous website. you know, i don't see any point in further shaming her. i think she is pretty much -- you know, i know nobody can track her down. i've spoken with friends from her hometown and nobody knows where she is. i think she's learned her lesson you know. of course i think "rolling stone" absolutely should be held

accountable. >> do you think this reporter should be fired? >> jackie herself i mean -- well, i mean, i think the "rolling stone" puts its reputation seriously at stake for not doing that. that's their decision. but i think the next article she comes out with it's going to be hard for people to take seriously. >> uh-huh. what do you think, ryan? do you think this reporter should lose her job? >> i mean, the fact is the article's out now. i think much more than anybody losing jobs or not losing jobs i really think that it's important that "rolling stone" and other media outlets look at this more as a story of whatnot to do in reporting so that in future reports they can be more confident that the reports themselves are accurate. >> you're cute because, let me tell you, we learned this lesson already on the duke fake rape case. and people didn't pay attention. i mean, some people just didn't pay attention. and, you know these cases are not an opportunity to bend over backwards to stand up for perceived victims. they're an opportunity for

reporters to determine who is and is not a victim according to the facts as they stand. guys, thanks to the both of you for coming on. we appreciate it. >> thank you. >> thank you. well, there's also new fallout tonight from the debate over the religious freedom law in indiana and whether fights like this one are starting to make people afraid to speak out about their genuinely held beliefs. we'll have that for you. plus, new warnings that al qaeda is making a big comeback in places like yemen. one of the most decorated men in military intelligence lieutenant general michael flynn who worked under president obama for years is here next with a scathing account about what this means for america and our president. know your financial plan won't keep you up at night. know you have insights from professional investment strategists to help set your mind at ease.

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no super-slow-motion footage of trucks splashing through the mud. no cowboy hats, horses, or hay bales. just a ram 3500 that, head to head, can out-tow ford's f-350 by more than one and a half tons. get more facts at ramtrucks.com breaking tonight new evidence that chaos in the middle east that al qaeda's growing bigger and stronger.

yemen is a special concern with the al qaeda affiliate exploiting a situation in a country president obama recently praised as an example of our successful counterterrorism approach. earlier i spoke with lieutenant general michael flynn about this. he served as the director of intelligence for centcom and recently the director of the defense intelligence agency under president obama. meaning he was at the very top of the military intelligence structure. this is not unforeseeable. we knew al qaeda would take advantage of the situation in yemen. you say what we've seen in iraq, afghanistan, pakistan and other countries is part of a much bigger problem. and we can't look at it so myopically. >> yeah. i think right now we have almost solely focused on iraq as the only place where these guys are operating. and i'll just throw out a couple of other countries. i mean, they're operating in egypt, they're operating in libya.

libya's a failed state. we saw the attack in tunisia. we know they're threatening in algeria. all the way down to boko haram in nigeria. i won't waste your time taking you to the other side of the world, but they're there and they're also here in this country. so i just think that our strategy right now to deal with this is just so narrow. >> it's the whack-a-mole. a problem here, problem there. >> yeah. there's so much more to this than just trying to go after onesies and twosies on the battlefield. >> what do you think president obama, he put you in charge you worked there for two years in that position with the military for three decades, is it an ideological thing with him? you said publicly that there's a belief that passivity will be less likely to provoke the enemy. >> you know i don't know what's inside of president obama's

head, but i do believe that, you know, what i see is that we are not moving these people to be any more peaceful by just the sheer words that we're using. so i think that going in and conducting some handshakes and making some big speeches, you know, those are nice but they're not going to change the ideology of those that we are facing. there has to be a transformation in the islamic religion. and i was very happy to hear when guys like president el sisi in egypt and other arab leaders, they know that. they know that something has got to give. otherwise it's going to come back to bite them you know where. >> when you hear president obama say islam is a religion of peace and we're not at war with islam what do you think? >> yeah. i've been at war with islam or a component of islam for the last decade in my military career. so i mean, we weren't -- you know, we were fighting radical islamists. that's what we were fighting.

and they call themselves al qaeda in iraq. they call themselves the taliban. they call themselves a bunch of different al shabaab, east africa al qaeda. it doesn't make any difference. al qaeda in the ma greb. all form of radical islamists that were very extreme and vicious. >> the president has said and many believe the country was war weary when he took over. ten years in afghanistan and iraq and so on and that we were in a mind to retreat and be more, not isolationists but not interventionists in our policies. is that wrong? is that the wrong approach? >> i don't think the american public -- again i'm just one guy. but the american public will do whatever they're asked to do. i mean we've done some extraordinary things in the past. so this business about war weariness, i get tired of hearing that phrase. because if the american public feels like their security is threatened, and it is, that i

believe, you know if well-led they will do whatever they're asked to do. and they'll support whatever they need to support. >> what of the value of intelligence? you used to run the defense intelligence agency, the sister to the cia. and there's been a question about whether this administration is capturing enough terrorists and interrogating them as opposed to just killing them with drone strikes. i actually asked the head of the cia john brennan about this and he said we are still capturing terrorists. but wouldn't elaborate on where we're sending them or how we're doing it or where we're doing interrogations but it's happening. >> well, there's only three ways to get the terrorist off the battlefield. number one you kill them. number two, you turn them. meaning you somehow get into their head that what they're doing is not good and you cause them to join you. and the third way is to capture remove them from the battlefield. i would tell you that without our ability to capture. and i know that our military is

not able to capture anybody. we're not capturing people anymore. >> we're not. >> to interrogate them. not that i'm aware of. if we're doing that i'm not aware of it. i would tell you that it's irresponsible for us to not be able to capture somebody. >> what do you make of the iran deal? is the president saying he's hopeful about it? >> we just gave iran essentially carte blanche to become the hegemonic you know dominant country in the middle east for three decades of bad behavior. so they've lied to us at just about every turn. and i got -- talk to enemies sometimes. but i don't think this deal is a good deal. we justin sentivized bad behavior. >> you served the country for 30 years including in some very senior, very important positions. any hope of politics in your future? >> yeah.

i'm still transitioning from coming out of 33 years in the army. so my wife would kill me if i said anything other than just to go have some fun with our grandchildren. >> haven't ruled out though? >> i'm one of these guys that believes in lots of options. and the best plan gives you the most options at the last possible minute. i'm not going to rule anything out. >> just ahead watch what happens when i ask the general for his take on the hillary e-mail scandal and whether she endangered national security by keeping her own server. what do you think the odds are that the chinese the russians hacked into that server?

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transitions® lenses automatically filter just the right amount of light. ask for transitions xtractive lenses. extra protection from light... outdoors indoors and in the car. breaking tonight, fox news confirming hillary clinton will announce her bid for the presidency within the next two weeks. sources say her campaign will

aim to show that mrs. clinton "fights for every vote and takes nothing for granted." chris stirewalt is our fox news digital politics editor. chris, what do they mean by that? >> they mean that she's not going to lose this time. or at least that's what they hope that means. it is perhaps now a misperception of what her problem was in her failed 2008 attempt that she -- people knew she wanted it. my goodness, they knew she wanted it so bad. the problem is they didn't want her. but this time the message coming from the clinton campaign is they think the problem is that voters thought maybe she wasn't really seriously in pursuit of the presidency or they don't think that she really, really, really wants it. but they know that. they just didn't like her that time. what they're doing now though is trying to manage expectations. we saw her book launch, which was not good. we saw the response to the e-mail scandal. also not good. now the effort is to say she's being held to an unfair standard

so they're going to try to lower the expectations and lower the threshold. >> just a regular jane. >> just another gal thinking about maybe running for president, maybe not. and booking some office space in brooklyn. >> that's actually part of the report, yes, she's doing that. what do you make of the fact they're saying the initial announcement will likely be on social media? like by e-mail? >> by e-mail. on the e-mail. >> maybe she should just stay off the internet. >> just give the internets a little break. if you ever go to a fast casual restaurant, the kind that has all the -- on the wall and it looks quaint and looks authentic but really -- >> tgi friday's? >> something like that. pumping out a very pre-packaged pouch-boiled food -- >> oh, takes a turn against tgi friday's. that was unforeseen. >> that was your term. that was not my term, counselor.

but they're pumping out this very corporate homogenized product. but they want to be held to a standard for a mom and pop restaurant. that's what she's trying to do with her launch. >> taco bowl is something to enjoy, i will say that. moment on the lips, lifetime on the hips. leave it at that. chris great to see you. secretary clinton also continues to face questions about her use of a personal computer server to conduct all of her state department business. and whether that put america's security and secrets at risk. earlier i had the chance to put that question to the former director of the defense intelligence agency. listen to michael flynn. >> as a military officer if i said i was doing something for convenience sake to the soldiers that i was leading and it was solely for my convenience instead of their, you know, their welfare i should be

relieved of duty. i would expect to be fired. it's one of those things where if it doesn't feel good it probably isn't. and this one doesn't feel good to me. >> what do you think the odds are that the chinese, the russians hacked into that server and her e-mail account? >> very high. likely. >> really? >> yep. likely. they're very good at it. china, russia, iran, potentially the north koreans. and other countries who may be quote/unquote our allies. >> she says the server was always at her house and under protection by the secret service, at least the physical server. do you have any questions about who was actually maintaining that server? >> i think we all ought to be asking that question. if it's government, if the blackberry's government and she did everything, i mean, everything that a person in that level of responsibility touches who's in the government, everything belongs to the government for the most part.

if you're using a government device to do personal things, i mean, i just think that that's what you do. and you accept that. and if somebody's doing things, if somebody's sending you stupid things, you tell them to stop. but if you're using one device and it's personal and professional then nothing's personal. >> is there any way she could have adequately protected that in a way that it's protected if it's at the d.i.a. or cia or state department a server like that? >> oh, yeah, absolutely. >> so maybe she did. >> maybe she did. >> and it was not hacked by anybody. >> maybe not. maybe not. i just, you know, i just know how these enemy -- i know how our adversaries work. i can sleep at night with what i was responsible to do and what i was asked to do and how i was asked to act. and i just hope that when it all is said and done that people like herself can do the same.

>> thank you for being here. >> well, there are also new questions tonight about the debate over the religious freedom law in indiana and whether fights like this one are starting to make some people very afraid to speak out about their sincerely held beliefs. plus, with worries growing about groups like isis foreign policy is suddenly front and center in the coming campaign for the white house. and up next we will hear from the candidate who made news on that just hours ago. don't go away. >> as a former captain in the united states air force i know the global goods done by those who wear the uniform of our country. and as a former governor i'm acutely aware of the sacrifice made by our soldiers, our sailors, our airmen and our marines.

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making the most of their united flight. power, wi-fi and streaming entertainment. that's... seize the journey friendly. as a former captain in the united states air force i know the global goods done by those who wear the uniform of our country. and as a former governor i'm acutely aware of the sacrifice made by our soldiers, our sailors, our airmen and our marines. >> well, that was new video from governor rick perry and a big foreign policy speech he gave earlier today at the citadel military college. rick perry's with me now. he's the former governor of texas and potential 2016 contender. governor, your timing could not

have been p better considering the headlines we saw this weekend chaos in yemen and over the nuclear deal with iran just to name a couple. >> well, obviously this has been going on for some time, all of these cross currents, if you will, kind of come across our tvs and our newspapers, our radios over the course of the last 72 hours that really brings it to a head of great concern obviously is this negotiation with this administration dealing with iran. i think like a lot of americans we're really concerned about the rush, if you will, to get a deal with iran. this is a country that's been exporting terrorism around the world. and we seem to be negotiating with them like they're an ally. >> you know, you made the point today that if you become president you will actually invalidate the president's agreement with iran. how would you do that? >> well, obviously it's an

agreement between the ayatollah and the president. that's all this is is an agreement. congress needs to be brought in to this. if there's going to be any long-term affect at all, congress must be part of this process. but if it's just that agreement, i think one of the first things i would do if i was president of the united states from the time i was sworn-in until the inaugural ball would be to invalidate that particular agreement because it is putting our best friend, the most vibrant democracy in the middle east, in jeopardy. to allow the iranians to get a nuclear weapon will do nothing more than create chaos in the middle east and put that area on track. well, it will create a sunni bomb. >> the president continues to say it's a good deal. i want to ask you though because tomorrow we're going to have news, senator rand paul is

expected to announce he's officially a candidate for the presidency. and you and he have had some back-and-forth because you sort of come out and stake this ground as a robust military person, the only potential candidate who's actually served in the u.s. military. and rand paul you've been critical of as having more isolationist or noninterventionalist position. he says there's not that much distance between you accept he says he's learned from the mistakes that george w. bush made and he doesn't think you have. >> well, iran coming into the contest, i think would add some -- a nice prism to it, let me put it that way. he is a very capable united states senator. but having worn the uniform of this country, having been the governor for 14 years and had to deal with the issues that we face, seeing our troops deployed into those areas of combat. i've been in iraq and afghanistan with them.

i understand what they go through. and i think the more important part of this is to articulate t country as i did today the real challenge that we have as a country. this administration is hollowing out our military chl we do not have the capacity today to be fighting two wars in two different theaters today. and that must be addressed. and that's the bigger issue. and i think the more important issue for the american people to really focus on is the next president of the united states is going to absorb this chaos that's being created by this administration. so we need to talk about how we build our military back up, how we project the western values if you will how we protect our allies and how we send clear messages to our enemies that if you cross a red line there will be a consequence. >> governor rick perry, great to see you tonight, sir. >> thank you, megyn. >> all the best to you. up next, after all the outrage over indiana's religious freedom law, are more americans

keeping quiet about their sincerely held beliefs? we'll investigate. let me talk to you about retirement. a 401(k) is the most sound way to go. let's talk asset allocation. sure. you seem knowledgeable professional. i'm actually a dj. [ dance music plays ] woman: [laughs] no way! that really is you? if they're not a cfp pro you just don't know. cfp -- work with the highest standard. people ship all kinds of things. but what if that thing is a few hundred thousand doses of flu vaccine. that need to be kept at 41 degrees. while being shipped to a country where it's 90 degrees. in the shade. sound hard? yeah. does that mean people in laos shouldn't get their vaccine? we didn't think so. from figuring it out to getting it done, we're here to help.

well, the controversy over the indiana religious freedom law is raising new questions tonight about free speech and the cost of speaking up. remember back in june of 2012 when the president of chick-fil-a said he was opposed to same-sex marriage. protesters marched and the company lost a lot of business. then this time last year brendan ike was forced to resign by gay rights activists when it became public that he donated years earlier to the prop 8 campaign against same-sex marriage in california. and just last week we saw the story of memories pizza in indiana, a small business that had to shut down after being asked a hypothetical question

last week about whether they would serve pizzas at gay weddings. mark hannah worked on the obama and kerry presidential campaigns and is a partner at the trueman national security project. howie kurtz had a fox op-ed today calling this the age of intolerance, suggesting that too many on the left want to silence free speech or punish those whose beliefs are deemed unacceptable. >> right. >> fair? >> well, it's fair because howie was mentioning some really hateful things that were being said in social media and on common threads online. there was a lot of incivility and imbocility going back and forth. >> good word. >> thank you. they just like the pizza owner was able to answer a question and share her beliefs. they're in a civil way to do the same thing. >> why did it get so out of control? by the way the crowd sourcing that dana loesch got up to

$840,000. then she shut it down. and they're giving a lot of it away and so on. any way that pizzeria ended up getting supported. why? the gay and lesbian people i know, they don't want to shut down the pizzeria they want to persuade the owner -- >> to see the light. >> right. fine. or some say don't cater my wedding. that's fine. >> most gay and lesbians don't want to sort of compel the service of businesses that don't want to do business. and frankly most christian-owned businesses don't want to object to doing business. >> this reporter stuck a mic in this 24-year-old's face. >> the reporter asked the father whether she should respond and so they made a conscious decision and stepped into a hot button national issue. >> you speak out your genuine beliefs and you will be punished. you will be called a racist. you will be compared to adolf hitler. >> you and i and people in the

public eye get that all the time on twitter. we get that because we are willing to go out and say you know, controversial things publicly. she wasn't used to doing that. she did in this particular case. >> what i'm trying to ask, mark, is whether a small minority within the gay community has hijacked the reasonable position of the larger majority? and gotten punitive of people who are just despouzing -- how are they going to persuade by shouting racist and bigot? >> that's something i've learned debating my conservative friends and family members. it's not a small minority doing this. there are a lot of people think the lgbt community should be protected as a class under civil rights legislation. they should be protected nationally. and because they're historically a group that's been discriminated against. this is i think a powerful case because it's about freedom. freedom of business owners to

practice their religion and not participate in business transactions that they're not comfortable with. but it's also about the freedom of individual consumers to have not be denied goods and services because of who they are and because of who they love. >> uh-huh. but also, you know, the right of these religiously sincere people to be true to the beliefs that they grew up with. that's why this is such a difficult issue. >> right. >> it's sincerely held beliefs on both sides. >> great to see you. >> thank you, megyn. >> we'll be right back. cting with family and friends. realpad from aarp makes it easy to share enjoy, and celebrate. it's the tablet with free unlimited live help whenever you need it. if you don't think "wow, i can do this!" when you think aarp, then you don't know "aarp". hi mom! hi dad! happy anniversary! available at aarprealpad.org and at walmart. moderate to severe crohn's disease is tough but i've managed. except that managing my symptoms was all i was doing. and when i finally told my doctor,

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big lineup tomorrow night. brit hume is here. he went to uva and has some thoughts on why "rolling stone" pushed this nonsense article. and i'll ask john kas sick whether -- kasich whether he's running for president. thanks for watching "the kelly file" everyone. welcome to this special edition of "hannity," the battle for the white house. senator rand paul is set to make a huge announcement tomorrow in kentucky. i'm david webb in tonight for sean. he hasn't officially confirmed he's running for president, but senator paul is hinting at it. watch this. >> there's probably few candidates for 2016 that are more interesting than rand paul. >> rand paul has been the most