ing to the factor. thank you for watching tonight. miss megyn warming up. please always remember, the spin stops here. as we are definitely looking out. breaking tonight with three republicans and hillary clinton all working the campaign trail, tonight for the first time in the 2016 race. the kelly file will sneak to the democratic national committee chair woman, about the emerging field of candidates and the challenging road ahead. welcome to the kelly file everyone, i'm megyn kelly. the presidential race is in its earliest stages with hillary clinton holding her first campaign event. republicans are testing the attacks they hope to use against her. hillary clinton may be the first democrat to throw her hat into the ring, so far though, the kelly file has had the chance to sit down with a few republicans including ted cruz and rand paul about their campaigns.

and in just a few short minutes, tonight we will speak with marco rubio. the third of three republicans who have officially declared. none of them wasted any time defining their likely democratic opponent. >> hillary clinton represents the failed policies of the past. does america want a third obama term? >> i think the thing is about the clintons is that there's a certain sense that they think they're above the law. >> a leader from yesterday began a campaign for president by promising to take us back to yesterday. >> in a moment we'll be joined by brit hume about the clinton campaign in a moment. first, the one group that will be critical to the democrats effort is the democratic national committee. an organization that spent close to 600$600 million between the 2012 and 2008 elections and which will eventually be channeling for hillary or whoever the

democratic nominee might be. joining me now, congresswoman debbie wasserman schultz. a former democrat and current chair woman of the democratic national committee. thank you for being here madam chair woman, congresswoman, it's a pleasure to have you on the kelly file. >> the pleasure is mine. >> let's start with marco rubio who seems to be setting it up between himself and hillary clinton. she's yesterday yesterday is over. how do you combat that? >> you know what i find amusing is that the three candidates that have gee squlared their candidacy for president on the republican side, started out each of their campaigns by attacking hillary clinton. hillary, when she announced her candidacy on sunday immediately started talking about being a champion for the middle class that she wanted to be a voice to help make sure that people can climb the latterers of success in america, and that if you work hard and play by the rules, everyone will have a chance to succeed. that's going to be the contrast

that we'll see throughout this campaign, no matter who ends up as the nominee on either side of the aisle the republicans unfortunately, have no new ideas. they each have whether it's rand paul, ted cruz or marco rubio, have talked about the same failed trickle down economic policies that got us into the worst economic crisis since the great depression, and that we thankfully thanks to president obama have been able to climb back out of 61 straight months in a row, with private sector job growth that's a pretty stark contrast that we look forward to talking about. >> it's interesting. when i listen to these republicans talk they seem to be getting ready to say the same thing about hillary same failed policies, not new, old -- not in terms of age, but yesterday. it's going to be the same attack against her, are the democrats at a disadvantage in not offering a new face? >> well the funny thing is is that the policies that they're talking about are things like -- that they had repeatedly

embraced, that have not been successful in getting our economy jump started. they actually hurt us and helped us spiral downward. cutting taxes for the wealthiest most fortunate americans so they can increase taxes on the middle class. and each of the candidates for president on the republican side embrace ending medicare as we know it, and turning it into a voucher system. support takes health care away, and ted cruz as well as marco rubio and rand paul were all willing to shut our economy down in the name of denying people health care. >> how do you explain the congressional elections we saw in 2012 and in 2010? i mean, they have been placed back in control of both houses of congress by an american electorate that seems ready to let them hold power. >> well look when it comes to a national vision, when we talk more often about national vision for the direction of this country in a presidential election, you know my counterpart has repeatedly said

that in order to win this presidential election, they'll have to be nearly perfect, and they certainly haven't been close to before, they've been so out of touch on the issues that matter the most to americans, creating jobs getting the economy turned around, focusing on making sure that if you work hard in this country you'll have a shot to succeed. instead they've focused exclusively on taking care of people who are already doing really well and making sure they can do even better. now, as far as the midterm elections, those races are run on the grounds they are more head to head candidate by candidate battlegrounds and it's a very different environment than a presidential election. and look, we have to improve our performance in midterm elections. we're working on that like they've said they're working on improving their performance on presidential elections, the problem for the republicans is that they just don't get that they're wrong own the issues that matter the most for americans. >> some have said that hillary

clinton and the democratic party would do better if she were challenged in a primary, she would emerge from that process more battle tested, she seemed a little rusty during the roll out of her book and so on she made some mistakes, do you think she should be challenged? >> i think she's going to be challenged. i think we're going to have a primary. >> by someone more than lincoln chaffey? >> elizabeth warren, somebody? >> now come on. we -- the only thing chaffey is a former governor, united states senator, this is someone who certainly is an accomplished individual. we have -- >> do you think he poses a serious challenge to hillary clinton? >> what i will say is that for example the vice president -- >> now, now come on. >> i'm just saying what everyone's thinking. >> well let's be respectful. i know you're not trying to be disrespectful, but we have a governor and a former senator he's thinking about running for president. and i welcomed him to the race. but the vice president is saying that he will decide this summer.

martin o'malley -- >> yeah, martin o'malley the former governor of maryland jim webb a former united states senator from virginia. >> you want to see that? >> regardless of what i want or anyone wants, we're going to have a primary, and we will have a -- >> let me -- i'm running out of time i want to get a couple -- >> sure, sure. >> you and rand paul have had this dust up about abortion. i understand it's strange that rand paul is fighting with you a little bit, but it does bring up a serious issue as between the two parties in particular. and he keeps saying to the reporters who want him to say whether he supports rape and incest exceptions to abortion, he hasn't been explicit on that to your point, he hasn't. >> no. >> he keeps saying, ask debbie wasserman-schultz when life begins. when does she believe life begins, can you answer that question? >> the question that he was asked. and that he's trying to deflect from by pushing it on me is

does he support exceptions to his opposition to a woman's right to make her own choices. >> i know. he's not been explicit on it. i wondering about you, because i have you tonight. >> from my perspective, from my party's perspective we do not support rolling back the protection that the constitutional right to make your own choices established in roe versus wade has given to women. and republicans like rand paul did. >> this is such a dicey issue and the american public is very divided on this, as you know, it's not like 90% of the public supports abortion they do not. >> the majority support a woman's right to choose. >> 80% of the public is against abortion in the third trimester. and almost 60% are against an abortion in the second trimester. >> megyn look who we're talking about. >> they're trying to get to the democrats position on, at what point is it appropriate to say,

it's no longer just between a woman and her doctor. >> what is appropriate from our perspective? i'll speak for myself. a woman's right to make her own decisions about her body should be between her and her doctor. and that in terms of personal liberty, we definitely have a different opinion, rand paul and i do. and there is a supreme court decision that answers those questions for us. >> that supreme court decision, casey says the state has a say, and the state can set limits. but what is recognized is that it's not just between a woman and her doctor that the state has a right to step in on behalf of the fetus and say at some point that fetus does obtain rights. you would admit that you can't have women aborting third trimester babies on a whim. >> certainly not on a whim, but when a doctor zblsh. >> that's what he's trying to get at. where do the democrats stand

on -- >> we've been very clear. there's no ambivalence here we've been clear. that decision is best left not to government but between a woman and her doctor. i can't tell you a specific date and time past which we on all -- in all cases are certain that that choice shouldn't be made. that decision is very unique and individual to the woman and should be in consultation with her conscience and her god and her doctor that is a decision left to her, now, there are -- there's an overlay of restrictions that the supreme court has imposed through roe versus wade and subsequent decisions and states have gone and implemented their own laws to put restrictions in place. i don't agree with all of those restrictions, but the law should be followed and that's our view. >> and we will hear much more about -- >> i want to hear from rand paul what his view is. >> i want to call him up and tell him i asked you, and see

what he says. >> answer the darn question. >> debbie wasserman schultz, thank you so much for being here. >> thanks, megyn. up next, brit hume is here with reaction to our interview with the congresswoman. and i'll ask him how hillary clinton fared on the first full day -- can you read his face? ♪ during its first year, a humpback calf and its mother are almost inseparable. she lifts her calf to its first breath of air, then protects it on the long journey to their feeding grounds. one of the most important things you can do is help the next generation. at pacific life, we offer financial solutions to accomplish just that. ask a financial advisor about pacific life. the power to help you succeed. people ship all kinds of things.

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breaking tonight we just heard from debbie wasserman-schultz on how the democratic national party may help hillary clinton make it to the white house in 2016. brit hume is here with reaction. let's start on reverse order. she has been making a deal out of. and rand paul is making a deal out of. isn't typically front and center in these presidential elections. for some reason has been over the past week. >> it has, and i -- i doubt it's going to be a major issue in this campaign who knows. she did not answer the question you posed to her, rand paul's question. she ducked it and dodged it because i think she recognizes that when you get to a certain stage of a pregnancy, a lot of americans are deeply uneasy with the fetus being aborted. polls have shown that i think that's true, i think that's how

it came out, she did the best she could with the answer. she ducked you. >> and yet, it -- it was ironic, she's demanding specific answers from rand paul. he's running for president, she's not. she's going to be backing the democratic nominee for president whoever it is. and there's a question about which party is too extreme when it comes to this issue. by the way, the latest research shows that pro choice, 47% of americans say i am pro choice, this is about a year ago, may of 2014. and pro life 46%. it's not -- it's split -- >> the public is split on the question of whether there should be a right to an abortion. the supreme court is basically established it, and there it stands. the democrats have determined to defend it. and to some extent to defend what amounts to abortion on demand. although obviously that's not where the public is in all instances. >> certainly when it comes to later term which rand paul was trying to get at. >> exactly. and also, this barbaric procedure known as partial birth

abortion, that's deeply unpopular, people think it's hideous. >> you heard the messaging from debbie wasserman-schultz. you're going to try to turn it back on the republicans by saying hillary clinton's older, she's yesterday's news. the republicans, same old failed policies. >> megyn the truth,when you get down to it, the two parties stand for certain things that are die ya metricmetrically opposed. there may be a war, it may be the economy. whether it be tax cuts or more government spending or whatever it is. when it comes down to it, the two parties are for and against the same things, they've always been for and against a lot has to do with the background circumstances and how they frame the issues. >> hillary clinton's out there she wants to be a champion. she swings by the chipotle and

she doesn't talk to anybody. she just has her burrito bowl which i'm told is delicious. how is it going for her so far? >> i don't really know. it's hard to tell, she's just getting started. i think this idea that she's going to present herself as an ordinary person is ridiculous, she's not an ordinary person, most americans, when you get down to don't want an ordinary person in the white house, they want an extraordinary person in the white house. hillary clinton has been for many years, a member of america's elite. and when you look back over the last 10 or 15 years she and her husband have been members of america's plutocracy and have been world class money raisers. all this business of trying to pose as a regular person it's good to be able to identify with an average person, it's good to have the common touch. some people have it whether they're rich and elite or not, some people don't. i don't think she has it her husband did, she'll try her

best. it's hard for me to judge what kind of a start she's off to. i don't think anybody's going to remember that. >> i love the lower third we had a moment ago, hillary clinton eats chipotle and rides in van. >> what a van, it's tricked out with leather seats and a 20 inch television and a bed. she's not camping out on the trail out there. give her a break, she's trying to get out there and be with the people. we'll see what happens. >> generally it helps if you talk to them then. like in the chipotle you should shake a hand. hey, it's me hillary, this is what i look like without my make-up, stars they're 1yu69 like us. >> did she say that? we don't know that, do we? she may have gotten a little takeout, that's understandable. she probably has a nice place to sit and eat it in the van. >> bill clinton would still be there shaking hands.

>> absolutely. and mamas lock up your daughters. >> on that note, great to see you, brit. 24 hours after marco rubio declared his candidacy for president, the senator is here to answer the critics on the one issue that some of the conservatives in particular think could sink him. marco rubio on immigration, an interesting debate next. we have disturbing new video of a deadly police shooting. a reserve deputy said he grabbed his gun instead of his taser. our legal panel is here trying to explain why he should not face charges. our kelly file investigation is just ahead. >> the governor went to the nra convention and just knelt before that altar. is talking to you right now? it kinda is. it's as crazy as you not rolling over your old 401k. cue the horns... just harness the confidence it took you to win me and call td ameritrade's rollover consultants. they'll help with the hassle by guiding you through

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developing tonight, marco

rubio responding to critics just 24 hours after launching his run for the white house. last night on the kelly file, ann coulter suggested that the senator's barking of comprehensive immigration reform will be an issue for some in this race. >> i'm going to guess that marco rubio's position on immigration is an issue for you. his old position on immigration. >> yeah, and i mean that's the only thing he's done. now people who say that rubio gives us a good speech, yes but he's against it now. but that's the only thing he's ever done. >> earlier i spoke to marco rubio, now declared candidate for the republican nomination for president. >> i play that sound bite by ann she does speak for a wing of the republican party, conservatives when it comes to immigration reform who while they like you cannot get past the fact that you supported comprehensive immigration reform, they didn't like the position, they didn't like the bill they point to things like

the head of ice, the union came out and said they felt you deliberately misled them about their enforcement abilities under the bill, it would have allowed gang members to be legalized. and they say it matters that even though you reversed yourself, at one point you were behind that. >> first of all, i'm going to put ann down as a maybe. but here's the broader point. we have a serious problem in america, and ask to be dealt with. i can't be here giving speeches. i saw an issue that impacts the state of florida, i tried to solve it as best i could. my hope was then that we would pass a bill that we could get as conservative as possible. and then send it over to the house and have them improve it even further. that was our hope. it didn't work out that way. we still have to deal with immigration, i mentioned that again last night we're not going to be able to do it until the american people have confidence that future illegal immigration will be brought under the control. that is the single biggest lesson of the last two and a half years, especially after not

one but two executive a.m.mnestyamnesties. >> one comment you made to npr today was that you've done more than hillary clinton ever did on immigration. now, that may be true, but that's not necessarily the best way to endear yourself to conservatives considering whether they should nominate you for president. you want to expand on that at all? >> yeah because the question was, you know, hillary clinton's going to go out there and talk about immigration and point to our record, i would say i've engaged on this issue much more than she ever has, including now to this day, i have specific proposals about how to modernize the legal immigration system, how to make it to a merit based system. we admit a million people into the united states every year permanently, illegally. in the 21st century we can't do it any more what can you contribute economically. i guess my broader point was in terms of trying to use immigration against us in a

general election i don't think they'll be able to use that specifically. >> what about president obama and his executive order on immigration, you had told us, a couple years ago, if there's not a deal, he's going to do it by executive order, it's going to affect about 6 million people, and the next president is going to be in a very tough position if he wants to revoke that order or repeal that order. i cannot imagine a scenario where a future presid going to take away the status they are going to get. do you stand by that? would you take away that status? >> it's actually practically what's happening. you have two parts of the executive order. one is daka. they got in when they were young, it's going to have to end at some point. these are people that have a permit, a job, a school, they're actively engaged. it's difficult to end that from one day to the next.

it will have to come do an end, it can't be the permanent policy of the united states. then there's daka which is the second order for everyone else that's being fought through the court system and can be thrown out there. that one is the one that's even more damaging, that is six million people potentially that's an open invitation for more people to try to come illegally. >> that's what you were trying to talk about. >> and you were saying you cannot imagine a scenario where a future president would take that away. >> i would but it would be difficult. >> i'm trying to get whether marco rubio would. >> i would, especially that one i would, it's going to be difficult. there's going to be an outcry it's going to be a difficult issue to do. in my opinion, it needs to be done. if you don't do it you can't do anything on immigration. >> you risk losing some of the latino support that you may otherwise have. >> the predominant issue in the hispanic community in america is what it is for all americans that is the desire to have a

better life for themselves and their children. that's the issue we need to focus our attention on. that's what all americans are worried about. immigration is relevant, they know someone impacted by it. what i'm saying is, if you are serious about moving forward and doing something on immigration, it's good for america, realistic and reasonable, the first step has to be enforcement of our immigration laws. >> what do you make of president obama taking cuba off of the state sponsored territories? >> it's a terrible mistake. cuba is a country that harbors fugitives of america including someone on the fbis most wanted. it's a country that has two high military officials indicted in federal court for the murder of u.s. citizens in international airspace. he's made a terrible mistake. >> you get a lot of praise from charles krauthammer.

even rush limbaugh, who is against you on the immigration deal has said really laudatory things about you in the wake of that. you're young fresh faced, never lost a race, so you're a winner. but the flip side of that is some say, he's not ready for prime time, someone on a competing network described you as a little boy, compared to hillary clinton. and then there was some criticism on line last night after your interview with our own sean hannity, because you were sweating in the first block of his show, and people started to say, he was sweating, and remember that famous time he needed a drink of water? he drinks water. he must not be ready for prime time. >> well first, that room was 89 or 90 degrees i think a lot of people were sweating in that room last night. i felt bad for him, it's an older building. i'm not new to this obviously, i haven't been in politics my whole life, but i have been in

long enough. two years in local government, i'll have served a full term in the senate. i'm proud of where i come from and what i've achieved thanks to my parents and this country. i believe this country needs a new direction, and the best way to change our direction is to change the people that are deciding that direction. i'm ready to serve as their president. >> senator thank you for being here. >> thank you. >> all the best. the mayor of milwaukee is trying to blame governor scott walker for rising gun violence. we've got a kelly file investigation and a fierce debate on who really is to blame here. plus, a deadly police shooting caught on camera with the man behind the gun saying it was an accident. we'll report, you'll decide straight ahead. >> roll on your stomach. now. now. ow! he shot me. he shot me.

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developing tonight after two men were gunned down in milwaukee on sunday. the city's mayor is complaining about lax gun laws and trying to put the blame for the deaths on wisconsin governor scott walker. trace gallagher live in our west coast newsroom with the story. >> it was a neighborhood party in milwaukee this weekend where a 2-year-old child ran into the street and was hit and killed by a car. the 40-year-old driver who got out to help the child was promptly shot to death along with a 15-year-old boy. the boy was the brother of the 2-year-old. the shooting suspect remains at large. and when the local media gathered for an update. instead of hearing from the police chief, they heard from mayor tom barrett, who repeatedly said black lives matter, and blamed the shooting on recent gun laws, championed

by wisconsin governor scott walker and republican state lawmakers, you'll see. >> this community has to face a reality that the gun laws that this state has put forward over the last few years as proud as it makes the governor feel has results in more guns on the streets of milwaukee. >> david clark quickly noted the gun laws the mayor is dealing with blame conceal carry permits. there is zero evidence that conceal carry permits has led to more guns on the streets. none of milwaukee's 31 murders this year involved anyone with a concealed carry permit. if gun laws were the answer as the mayor seems to believe, then chicago with some very tight gun

restrictions would be the safest city in america. governor walker has not yet responded to the mayor's news conference, and the mayor has not yet returned our calls to him. >> thank you. >> joining me now, mark teason, a fox news contributor and richard fowler, a nationally syndicated radio host. mark, let me start with you. mayor barrett apparently thinks it's scott walker's fault that this shooting incident took place. >> yeah, it's amazing and just -- for him to politicize that is shameful let's put things in perspective mayor barrett has been the mayor of milwaukee county for 11 years, on his watch that milwaukee -- the city of milwaukee represents 10% of the state's population, two thirds of the gun homicide in the state. it's risen to 7th most dangerous city in the country. it's got -- and this is nothing to do with scott walker's policy these are bad policing policies, bad policies by the

mayor. it's not happening anywhere else in wisconsin, why doesn't he take responsibility for it. >> how do you get from a 2-year-old gets run over, the guy who did it accidentally gets out to attend to the child, he gets shot and killed and the mayor jumps, to we need tighter gun -- we don't know whether this was an illegally held gun, we don't know anything. >> all the shootings that happened in milwaukee, were people who didn't have concealed carry permits. these guns were garnered legally. that means we need to make sure those folks shouldn't have -- >> the mayor is criticizing concealed carry. the mayor is blaming concealed carry, and none of the people doing the murdering are the ones who have the conceal carry permits? >> they shun the have guns whatsoever. we all believe in our constitution we all believe in the second amendment and we all believe that folks, bad guys shouldn't have guns. meaning governors, like scott walker should pass laws to make

sure that bad guys don't have guns. i.e. background checks. >> season the it the point that laws are already passed the people who are following them we don't need to fear and the people who are not are going to do what they want either way? >> the reason we need concealed carry and castle doctrine, which are the two gun laws scott walker passed, are because of the policies in milwaukee that have made it the gun capitol of the state of wisconsin. he has been laying off or furloughing police officers. 11000 manned days of furloughed police officers in the 7th most dangerous city in the country. governor walker, passed collective bargaining reform that saved the city of milwaukee alone $25 million you think he could have spent a little bit of that on policing? that would have helped deal with gun violence in milwaukee. >> the governor should be concerned about safety throughout his state, whether it be in milwaukee or madison, wisconsin, he should be doing

everything in his power to fund police officers, to fund firefighters, to fund nurses when he passes tax cuts for millionaires and billionaires, and prioritizes that money -- >> the tax policy did it. >> that's neither here nor there i think the argument we're trying to have is if conceal carry. >> this mayor is politicize a murder, isn't he. >> the guns are in the hands of the wrong people. this gun was illegally obtained. the fact that it was illegally obtained, we do everything in our power to help those guns not get in the wrong hands. it's simple. >> 200,000 people have applied for permits under the conceal carry law that scott walker passed. one homicide. >> more background checks. bad guys shouldn't have guns, mark. >> what is your evidence, richard that a background check would have changed the outcome in this case. >> beyond background -- >> you have no evidence no,

none. you have none. >> it's a mayor politicize a murder, that's what's happening here. >> tons of evidence that proves the fact that these guns got in the wrong hands -- >> you're speaking generically, you don't know about this case this is a mayor trying to exploit -- that's what happened. i have to go to be continued tomorrow. great to see you both. an undercover sting turns deadly and the whole hinge is caught on camera. there's a debate whether the man caught on camera should be charged with a crime. >> he shot me. he shot me. >> who? >> you [ bleep ]. you ran. shut [ bleep ]. and why stop what you're doing to find a bathroom? with cialis for daily use, you don't have to plan around either. it's the only daily tablet approved to treat erectile dysfunction so you can be ready anytime the moment is right. plus cialis treats the frustrating urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical

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anti-police protests flaring up around the country tonight following a deadly police shooting in tulsa, caught on camera. earlier this month oklahoma reserve sheriff's deputy robert bates was helping with an undercover sting operation, when he says he accidentally shot and killed eric harris. the whole thing started out with an illegal gun sale, and that's where this video begins. this video may be disturbing to viewers. watch? >> sweet. that's a nice gun, man. >> that's a luger. >> it's a lugar? >> german luger. that's a -- [ bleep ]. >> down, down down. >> on the ground.

>> stop, stop right here, ston right here. stop stop stop stop stop stop. stop right here. stop right here. >> roll on your stomach now. >> ouch! >> i shot him, i'm sorry. >> what happened? >> he shot me. >> don't fight him. >> he shot me, he shot me.

>> oh, god. oh, he shot me. he shot me. oh my god. >> you didn't -- [ bleep ]. >> i'm losing my breath. >> you hear me? >> mark igeiglarsh is a former attorney. this deputy volunteer deputy has been charged with manslaughter. was it the right call? >> i went back and forth on this one, megyn. legally he should not have been charged. this debate starts and ends with all of us agreeing he was neglect. he screwed up. and a tragedy occurred. but under oklahoma law, what's required is gross negligence. and under manslaughter, that's what they have to prove. in this case he was not culpably negligent.

he was just negligent. >> i meant to pull out my taser, i pulled out my gun. they're very different to fire. >> i think mark made my argument, it is gross negligence. i wracked my brain thinking of all the times, all the stories you've covered, have been covered here at fox news i never remember a story of a police officer saying, i meant to grab my taser or my baton or any other weapon, when i fired my 45 automatic it is gross negligence. technically the definition is culpable negligence, it's an accident that's so horrific that a person -- a reasonable person under those circumstances would never have made that mistake. and because you've never told us about a police officer who's ever made that mistake, it is -- >> part of the problem, mark. it may help your argument you tell me, this guy isn't really a police officer. he is the ceo of an insurance company given a lot of money to

the police department, the lawyer for the decedent's family says he was playing cop at the time. >> and the police department should be sued for allowing a 73-year-old to run around with a gun and a taser, that shouldn't happen. >> but he had training. >> correct he was reserve officer of the year in 2012. i disagree with arthur's assessment of the law. just because arthur hasn't heard of cases like this, there are. and to hold cops to perfection is unacceptable. >> mark -- >> perfection? he pulled out the wrong weapon that is far from perfection. if you told me he was trying to shoot him and the bullet ricocheted off a tree and hit someone else that's far from perfection. >> how is this not neglect? how is this just not neglect versus the much higher standard that's required under the law? >> what about that? how does it crossover? >> this is a matter for a jury to decide. but a prosecutor with a clean con convenience -- putting their head on the pillow at night can say, someone who has admitted as

he has -- the reserve officer has, i went to grab my taser and i grabbed my gun, that is gross negligence. >> we know that. >> let me ask you this does it -- how does it play that he seemed genuinely surprised that he shot him? i mean, you can hear him say, oh, i shot him, i'm sorry. he sounds shocked that he shot him. >> right it helps make my argument that this this was a tragic accident in an otherwise exemplary life, one that the prosecutors can use discretion and make the finding that it's not a crime the tragedy -- that he should lose his position, be sued and so should the department, be sued for allowing this to occur. >> a department is going to get sued for letting the part time deputy -- what was he doing in on a sting operation like this of this magnitude because he wasn't actually in on it, he was on the perimeter, and then he apparently injected himself according to the initial reports into the situation. >> there will be a lawsuit as to

that, investigation is going to be taken as to apparently he gave a lot of gifts to the department. very noble gifts like money for police cars if that's the reason why he got the reserve officer of the year -- >> that's crazy. >> that's the reason why he's in that position. then the lawsuit -- >> i've given money to police in the past, that doesn't make you ready to be due tiesed and takedown suspects. >> i have two words for you, shaquille o'neal steven seagal. it happens in every major city. >> i don't think the prosecutor had a choice here. he had to file these charges. everything that mark said earlier should be taken into consideration about his plea bargaining and whether you offer this man a much lower jail sentence. there's no way they could have not charged him under these circumstances. >> he caved to public pressure. >> he did not. this is a law school example. >> another second. >> i disagree with you, my bald

brother. >> go to my church. >> great to see you both. >> bye. >> a famous actress just revealed she has cancer, and wait until you hear how she found it. that's next. i am totally blind. and sometimes i struggle to sleep at night, and stay awake during the day. this is called non-24. learn more by calling 844-824-2424. or visit your24info.com.

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rita wilson who is married to tom hanks just revealed her recent battle with cancer in the unusual way in which it was detected. trace gallagher reports from our west coast newsroom. >> she was being monitored for a condition condition, she had a higher risk of breast cancer but a biopsy didn't find any cancer for that she was clearly grateful. then she writes a friend who had breast cancer suggested i get a second opinion on my

pathology, my gut told me that was the right thing to do. a different pathologist found invasive lobular carcinoma. last week she underwent a double mastectomy followed by reconstruction, and she's recovering, and more importantly, is expected to make a full recovery. wilson who's been in films like "sleepless in seattle" along with numerous tv shows is recommending women in her position get a second opinion not just by another doctor but another pathologist. i feel blessed to have a loving and supportive husband, family, friends and doctors, and i'm the beneficiary in advances of the field of breast cancer and reconstruction, i'm getting better every day, and look forward to renewed health. wilson is taking a break from larry david's broadway play "fish in the dark." she hopes to be back in the show by early in may. >> wow! all the best to her. can i tell you that my husband

doug and i saw that fish in the dark, and she was hysterical, we laughed for two hours straight. if you're coming through new york, consider that one. it's not like they're paying me, trust me. it's worth your time. we'll be right back, but first coming up on hannity. >> if you want to be successful, especially in iowa and new hampshire and south carolina. you have to take the sunglasses off and go and talk to people and actually care about what people think. [woodworker] i live in the fine details. that's why i run on quickbooks. i use the payments app to accept credit cards... ...and everything autosyncs.

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tomorrow night, ben carson is here, along with dana perino. set your dvrs now. let me know what you think of tonight's show thanks for watching everybody, i'm megyn kelly. this is the kelly file. tonight -- >> i'm running for president, because i think that americans and their families need a champion. and i want to be that champion. >> hillary clinton kicks off her campaign in iowa but ignores ordinary 34er7bs when she grabs lunch at chipotle. does the learjet limousine loving hillary have anything in common with average americans. >> you ran for senate and lost. >> some in the main street media are furious carly fiorina would criticize the democrats chosen won. >> are you the one to criticize