writing 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 reproductive 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 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 they call it planning for retirement because getting there requires exactly that. a plan for what you want your future to look like. for more than 145 years, pacific life has been providing solutions to help individuals like you achieve long-term financial security. bring your vision for the future to life with pacific life. talk to a financial advisor to help build and protect your retirement income. pacific life. the power to help you succeed. [plumber] i need to be where the pipes

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that is deeply unpopular,

people think it's hideous. >> you heard the messaging. she said they're going to try to turn it back on republicans saying she's older and yesterday's room but these republicans are seeing failed policy. >> look. the truth is that when you get down to it two parties stand for different things and it doesn't change much. the economy may be in a particular condition and people argue their remedyies are the right solution for it. it's two parties for and against the same things. >> hillary clinton wants to be a champion. she swings by chipotle and has

her burrito bowl which i'm told is delicious. >> this idea she's going to present herself as ordinary is ridiculous. she's not an ordinary person. most americans want an extraordinary person in the white house, hillary clinton is a member of america's elite. looking over 10, 15, years they have been world class money raisers. so you know, all of this business of posing as an average person is good to be able to identify with. some people have it whether they're rich or not. some people don't. i don't think she's got it. her husband did. she's trying her best. i don't think chipotle

appearance did her much good. >> the lower third she eats chipotle and rides in van. >> what a van leather seats, a television, and a bed. >> she's just like you and me. >> she's in the camping out out there. >> give her a break she's trying to be with the people. and we'll see what happens. >> you know like in this chipotle this is what i look like without makeup and i eat chipotle. stars are just like us. >> she may have gotten take out. she's probably got a nice place to sit and eat it in the van. >> bill clinton would still be there. >> absolutely. and mamas? lock up your daughters.

>> on that note great to see you, brit. >> thank you, 24 hours after marco rubio declared his candidacy, he is here to answer critics on the one issue some conservatives think could stake him. on immigration in a very interesting debate, next, plus, disturbing video of a deadly police shooting. a deputy says he accidentally grabbed a gun instead of a taser. plus the mayor of milwaukee is trying to blame a murder on governor scott walker. our kelly file investigation, just ahead. >> the governor went to nra convention and just knelt before that altar.

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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 president is 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 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

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the local media heard from the mayor repeatedly saying black lives matter and blamed the shooting on recent gun laws championed by wisconsin governor scott walker and republican state lawmakers look. >> this community has to face reality that gun laws that this state has put forward over the last few years as proud as it makes the governor feel resulted on more guns in the streets of the city of milwaukee. let's just flood the streets with more guns. this is what you get. >> milwaukee county sheriff quickly noted the gun laws deal

with concealed carry permits and quoted there is 0 evidence it led to gun rise on the streets. and points out none of the milwaukee 31 murders involved anyone with a concealed carry permit. and governor walker. >> thank you, joining me now a fox news contributor and also a fellow at tei. mark, let me start with you. so, mayor barett apparently thinks it's governor scott walker's fault this took place?

>> to politicize that is shameful. mayor barett has been the mayor 11 years. on his watch, two thirds of the gun homicides in the state. on his watch has risen to seventh most dangerous city in the country. and this is nothing to do with scott walker's policies. these are bad policies by the mayor. it's not happening anywhere else in wisconsin >> richard, what is he talking about? how do you get from a 2-year-old gets run over, the guy who did it gets out to try to attend to the child, he gets shot and killed, and the mayor jumps to we need tighter gun control? we don't know anything. >> here is the thing. all of the shootings were people adidn't have concealed carry

permits. >> the mayor is criticizing conceal carry. the point was -- >> yes. but that is the point. they shouldn't have guns whatsoever. we believe in the second amendment. we believe bad guys shouldn't have guns meaning governors should pass laws to make sure bad guys don't have guns. ie, background checks >> isn't it the point laws are passed to people following them we don't need to fear? and people that are not are going to do what they want? either way? >> the reason we need concealed carry is because it made it the gun capitol of the state of wisconsin.

11,600 man days of furloughed police officers in the 7th most dangerous city in the country. governor walker passed collecting bargaining reform that saved the city of milwaukee $25 million. do you think he could have spent a little bit that have on police something >> the governor should be concerned about safety throughout the state. i should be funding police officers, firefighters and nurses when he passes tax cuts for millionaires and billionaires, that money is not going to police officers. >> but -- >> but that is neither here nor there. the argument we're trying to have have about concealed carry. >> this fact is that this gun was legally obtained.

we need more gun safety laws. it's very simple. >> 200,000 people applied for gun -- >> background checks. >> what is the evidence a background check is going to change this? you have no evidence. none. >> it's strong purchasing. >> no. the mayor politicizing -- >> if these guns got in the wrong hands because -- >> you don't know about the case thchl is a mayor trying to -- >> they were not legally obtained. >> to be continued tomorrow, great to see you both. >> thank you. >> thank you. >> up next an under cover sting caught on camera. next, weighing in.

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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 unti 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.

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

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a jury has been picked in the death trial of the suspected colorado movie theater shooter. 12 jurors will be on hand when the trial of james holmes starts in less than two weeks. hold is accused of killing 12 people and 1ing 70 others. when he opened fire. inside a denver area movie theater in 2012. he has pleaded not guilty by reason of insanity. 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 h