because we're always looking out for you. breaking tonight attorneys for the six baltimore cops accused of killing freddie gray want this prosecutor off of this case. alleging that she is biased and demanding that the charges against these officers be dropped. welcome to "the kelly file," everyone i'm megyn kelly. attorneys for the baltimore six say d.a. marilyn mosby has to go alleging her husband is a city councilman in charge of the district where freddie gray was killed so they believe she has a vested interest in pleasing those constituents also alleging that she has personal relationships with witnesses in the case and she is close friends with the attorney for freddie gray's family. this on top of the revelation earlier that the d.a.'s chief investigator was demoted by the

baltimore police department had a s.w.a.t. team sent to his home for a drunken incident involving a gun and after he became uncooperative with the police was actually tased by them. the same cops he's investigating which raises some questions about his objectivity. that news breaking as we heard directly from the u.s. attorney general today that she will investigate baltimore's police force for ex-hive force and alleged discriminatory policing. joining us now sheriff david clark of the milwaukee county sheriff's office and andy mccarthy here a former federal prosecutor and national review contributing editor. thank you both for being here. let me start with you, andy. the chances of this motion to get her booted off of this case are what? >> zero. there's no way this motion will succeed at this point. i thinkary they're building a record so later they can make a bigger claim about prosecutorialial and investigative misconduct but no

basis to get people kicked off a case because they have political motivation. it is a political system. that's how she gets elected in the first place or think about it. if you're in a small town if it was a basis to kick somebody off a case because you knew the witnesses or were close friends with i'm involved in the case they could never have a case. >> nor could she have a case -- anything affecting the western district she'd be booted -- i agree with you legally. that motion is not going anywhere but want to talk to you about the allegations about the lead investigator in this case sheriff clark, this guy, his name is avon macle. in 2009 stripped of his command post by the baltimore pd. that he reportedly became drunk and despondent and wound up getting tased by the cops at home for erratic behavior and this is the man chosen to investigate them. is this a problem? >> highly problematic. he shouldn't have gotten anywhere near this case. she should have known that. this has been bungled but the

move by the mayor to call in the d doj is nothing more than trying to deflect away from her own leadership failure. she wants to demoralize baltimore's finest when she needs them most and did it once when she put them in harm's way and stood by and watched looters and thugs trash police cruisers break into businesses set the town on fire. now she backed the bus over when she called in the doj. she's been baltimore mayor since 2010. if she had some inkling there were issues and practices within the police department she should have said something earlier on the commissioner baltimore commissioner has been there 2012. she should have first said to him, i want you to do a top to bottom investigation of your agency and report to me within 90 days and if there are red flags i want to know a corrective action plan from you before she goes to the doj. >> and instead she's jumping up

and down welcoming the doj in which, andy as you've been pointing out for months years, the doj loves to come in and want to take over policing in this country. >> not only that two months ago the obama white house said that the baltimore police department was a model american police department. they said that they had the best policies and the best training methods in the united states. >> and they have you know the commissioner police commission ser african-american the mayor is african-american the department is majority minority so one wonders where they get to the discriminatory policing. it boils down to the freddie gray case and at least part of it may be unraveling. we talked on this show about the switchblade or the knife that freddie gray was arrested for having this is what started it all. she's charging a couple of these officers with false imprisonment because if he had the knife on the left it was illegal. if it he had the knife on the right it was legal. if it had the pop-up switch

mechanism, it's illegal under baltimore city law. the one on the right requires more of a spring that's legal and now the lawyers for these cops are saying it was a switchblade produced the knife we'll show it to you. there's no false imprisonment here. >> well i think that this is one of the most dangerous things that the baltimore prosecutor has done because what everybody has to understand is that even if this were a legal knife it's a good faith mistake of law by the police officer. police officers have a right to be wrong. they have a right to act on reasonable suspicion. if you don't give the police that latitude you cannot protect a community and what they're basically telling these police officers is if you make a mistake, if you do the things that you think you knew -- to do in the way of good policing you stand to be prosecuted and sued. you stand to be disciplined.

it's really unbelievable. >> sheriff clark, speak about the effect on police officers in charging that you falsely arrested somebody because you may have been wrong about a knife being a switchblade when maybe it wasn't but maybe it was. >> i've never seen anything like this. there are a lot of times officer make arrests based on probable caution and different standard than to prove beyond a reasonable doubt and take the case over to the prosecutor and oftentimes the prosecutor will say, yeah you know some stuff going on here but i don't have enough to prove beyond a reasonable doubt and i'm not going to issue a criminal charge. you don't then investigate the law enforcement officer for false imprisonment. and other criminal charges. there might be some standing somewhere in a civil -- as a civil tort for that sort of thing but doesn't among in a criminal court. this is starting to unravel and all the defense attorney has to do as mr. mccarthy knows he doesn't have to prove these six officers are innocent.

just create doubt. when you do a sloppy investigation and i've investigated homicides and i've been a part of charging conferences, you attack the -- attack the investigation to create that doubt and that's what i see going on here and it's going to be highly unlikely i believe, that she's going to be able to prove a murder charge and a manslaughter charge beyond a ream doubt. >> you've made the point, andy she's charged the one cop with depraved indifference murder and also with criminally negligent homicide one means you had a more actively you know wrong-headed event. >> one is intentional murder and the other isn't. the other is a mistake. >> why is that a problem? she's going to pursue two different theorys. >> juries convict when prosecutors convince them that they the prosecutors know what happened in the case and prove it compellingly. if you file charges that are colliding with each other, if you ask the jury or present the jury with charges where your theory of guilt is exactly the

theory of innocence for the other charge if the charges theoretically are inconsistent with each other, that conveys to the jury that the prosecutor hasn't figured out what happened in the case and you can't get a jury to convict unanimously beyond a reasonable doubt as the sheriff just said if the prosecutor doesn't know what happened. >> even the d.a. isn't sure. guys, thank you both so much. >> thank you, megyn. the charges against the baltimore six appear to be in jeopardy some pundits are now arguing that really most cops are bad. >> we can't continue to frame law enforcement in the police forces in america as simply a bunch of good natured people and there happen to be a few bad apples among them. that's not the right analysis. >> yet a somber scene in new york city reminded folks here of the dangers law enforcement face on the streets every day as they try to protect us. a final farewell to one of new york city's finest and peter

king on what needs to be done to keep them safe. plus big week for the gop. and now the top polling presidential possibility is about to break his silence with the kelly file. charles krauthammer is here next to weigh in on the latest twist to the white house. "the kelly file. charles krauthammer is here next to weigh in on the latest twist to the white house. " charles krauthammer is here next to weigh in on the latest twist to the white house.

breaking tonight it appears one of the gop's front-runners is about to get into this race for the white house. sort of. by this time tomorrow jeb bush will break his months long relative silence. giving a commencement speech at the conservative christian liberty university after which he will sit down with yours truly for an exclusive interview we will have monday night. he has largely stayed out of the spotlight but his super pacquiao is on track to raise $100 million before he even launches his presidential campaign. this as the feel grows by the day. three candidates announcing their bids this week alone all who made their appearance on "the kelly file," in fact to date all of the declared gop contenders have faced the music. sitting down with the major media outlets to face some tough questions. and then there's democratic

front-runner hillary clinton who has seemingly placed herself in the presidential protection program. 26 days into her campaign and she has yet to do a major interview, earlier i spoke about all of that with charles krauthammer who is a syndicated columnist, fox contributor and author of "things that matter" which has sold more than a million copies. charles, let's start with jeb. after months of silence he is popping his head back up and not only giving this commencement speech but sitting down with "the kelly file." why now? >> i think he needs -- he feels he needs to get out there. he needs to make some news. he needs to be seen. you know remember he's the one who jump-started the whole race by getting in unofficially a few months ago long before people assumed he would and now have a sense that others have jumped in they have opened themselves up to interviews they have made news, some of them are rising. rubio came from 3% 15%, scott

walker hanging in there. jeb is in single digits last i checked in iowa so i think he needs to push and this is his push. >> so iowa is not expected to be exactly his best chance but he's still polling atop the gop field in many polls that he's considered the front-runner minimum top two, top three but usually the front runner. how important is iowa for him? >> well i think he can get by without winning iowa. i think for him he's got to sort of -- he's got such a long-range strategy. when you have $100 million you can go a very long way. i assume that he and rubio and walker will be the top tier -- there will probably be one or another that comes out of the pack to join them but i can see them all coming out of the fourth or fifth primary and maybe florida becomes the decisive one if it's him and rubio that will be the showdown

at the o.k. corral. >> what do you see as his top strengths and topple weakness jz. >> well his strength he was a very successful governor. he knows his stuff. he's attractive. his weakness of course is his last name which unfortunately too late to change right now. and there's also that sense among many of the true believers that he's a closet liberal. that he is not authentic and that's because of two issues common core and immigration and that i think is going to be where he wants to make his mark when he interviews with you, when he makes his speech and gets out there and exposes himself. he knows that's where he's weak with the sort of the core constituency and if he can explain it i think he'll do very well. >> to his credit he agreed to sit down with us and i think he knows he's not going to get a pass and i'll ask tough questions. unlike hillary clinton who hasn't sat with anyone friendly

media, media she doesn't consider friendly no one, charles, how long can she get away with this? >> forever. >> right into the white house with this strategy? >> no she can ride into the democratic convention. once that happens she can't hide anymore. she has no challenger in the democratic side. there is nothing she has to worry about. even the scandals she sends out her surrogates her daughter she sends out her husband, she doesn't come out. she's got, you know the liberal press on her side. she made one statement on immigration where she went to the left of obama, this is unchallenged not in interview, a statement at a roundtable and she gets a favorable very favorable editorial in "the new york times" praising her for that. she doesn't need to do the kind of stuff that the republican side has to do. this is a soviet-style

nomination on the democratic side. but it becomes a democracy the day after the nominating convention is over. >> does anyone that -- can she win this presidency? could she win the white house with just democratic votes alone or does she actually need to worry about winning some folks over in the middle some of whom may be paying attention now and wondering where their answers are on clinton cash and the e-mail controversy? >> she does have to win the middle. she does have to win a significant part of the middle. she secured her base. her numbers among democrats are shockingly strong and high after all the scandals all the stuff that she's been through. but there's no need to go after that constituency now. that's what you do as soon as the convention is over. as soon as you are into summer of next year and that's where you move to the center. what she worries about is that if she is not faithful to the hard core of the liberal

democrats in her party, she will have a challenger. she could conceivably have an elizabeth warren. >> great to see you, sir. >> my pleasure. >> and don't miss our exclusive interview with governor jeb bush for the first time in months the governor will sit down for a television interview. we will have that for you monday night at 9:00 p.m. eastern, set your dvrs now. up next the doj with a public announcement today about cracking down on racist cops. we told you about that. and the new attorney general makes that statement just as officer brian moore in new york city was laid to rest. having lost his life in the line of duty. congressman peter king was at the emotional funeral today and has a message of his own to deliver tonight. plus a fierce debate over free speech in america as some have chosen to attack a group almost murdered by terrorists for what they were saying at the time they almost died.

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we can't continue to frame law enforcement in the police forces in america as simply a bunch of good-natured people and there happen to be a few bad apples amongst them. that's not the right analysis. >> law enforcement officers under attack in this country in the wake of cases like the one we saw in baltimore. but today one of new york's finest was laid to rest in the line of duty. new york's police commissioner fought back for the men and women in blue. >> brian's death comes at a time of great challenge. police officers are increasingly bearing the brunt of loud criticism. we cannot be defined by that criticism. because what is lost in the shouting and the rhetoric is the

context of what we do. a handful of recent incidents fewer than a dozen have wrongfully come to define the hundreds of millions of interactions cops have every year. when you help and you protect, when you offer security and bravery and compassion what is lost is officers like brian moore and the people he served and protected. >> congressman peter king represents the district that included officer brian moore's hometown. he was there today for the funeral and heard commissioner brat bratton's remarks. unfortunately, it sometimes takes something like this to be reminded of what it is our police are up against every day when they go out on the streets to serve and protect. >> megyn, you're entirely right and bill bratton was never more eloquent than he was today.

lies and slapdzers in the police in our country over the last five six months going back to last summer with ferguson where a whole series of lies about hands up don't shoot, the police officer did the right thing and the -- michael brown was a thug and a goon. he was a criminal and it's as simple as that. the police blamed for that and the final analysis the cop was vindicated and national media was silenced and riots in the street and cops got blamed for that also. the police department in new york city which i know very well thousands and thousands of african-american young men and women are alive today because of the nypd. that's the reality. >> the thing is though these cops you know they'll show up shoulder to shoulder for the funeral of one of their fallen comrades but they're not going to go out and march to say, cops are good. you know for a long time in this country, that was assumed that you wouldn't devote your life to protecting a community and put your life on the line

every day if you weren't intending to protect and yet folks have taken a few incidents, many of which have turned out to be completely falsely represented, and run with the narrative we just heard from mark lamont hill. >> yeah megyn, no profession in the country which has a higher rate of perfection than the police. think of hospitals where there's maltaispractice suits and law firms, think of accountants and stockbrokers and politicians, athlete, the fact is cops are out there every day. millions and millions of encounters with african-americans, hispanics, whites blacks across the board and we're talking about a handful of cases here most of which have turned out to be untrue. so -- >> and many of which have been exploited by people with an agenda. loretta lynch, our new attorney general is out there calling -- saying she'll investigate law enforcement for allegedly discriminatory racist behaviors in baltimore. i mean it was moments before officer moore was laid to rest.

as the cops are lining up in new york city, i mean the timing didn't look all that sensitive. >> no it was not sensitive at all and the fact is if that was the other way, it would be called racism. the attorney general should not have done that and some of the media should not have covered it. the height of irresponsibility to do that at the same time this brave cop, a neighbor of mine brian moore laid to rest 25 years old, 150 arrests shot to the face and through the brain and, you know they're talking about investigating cops. the fact is everyone in america should be given medals for the cops and brian moore, the fact he got such a large turnout shows to me real americans, real people real people on the ground appreciate the cops unfortunately, too many in the national media, tom politicians listen to the likes of al sharpton. >> congressman, good to see you. >> megyn, thank you. thanks for this. thank you very much. well a fierce debate over

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from the world headquarters of fox news it's "the kelly file" with megyn kelly. >> well free speech has come under attack in america this week in the wake of an attempted terror attack on a ground down in garland, texas. they held a contest inviting folks to draw muhammad which is considered blasphemous by some in islam.

some showed up to murder them. instead of lamenting the attack namely free speech many in the media rushed to condemn the speakers with little said about the jihadis who tried to murder them with ak-47s. joining me now howie kurtz, the host of "media buzz" on sundays at 11 a.m. how did the media do this week? >> horribly in many quarters megyn. i mean this "washington post" headline organizers offers no apology for almost getting killed. what is wrong with these folks. the fact they can't stand this group wipe out their commitment to free speech. appalling to see them beat up on pam geller and her group saying she invited jihadists to murder her and her operate yachts. it sounds like to me she asked for it >> that's almost literally what folks were saying. i mean how many times did we hear about how provocative she had been by holding this -- they were drawing a cartoon.

i realize some find that deeply offensive but most americans do not. most americans don't understand why a cartoon would be so offensive and that's fine that it is that's a religious thing for some in islam but why was there such a rush to take one group's values an impose them on everyone? >> ideology is the only answer i can come up. look you've consistently made the point that free speech is meaningless also it applies to offensive speech to what some would consider hate speech. maybe there is a separate debate to be had about whether pam geller's tactics are not smart. i personally am getting tired of seeing her on show after show casting herlself as rose that park -- rosa parks but can't lose sight of the fact that as you say the violence here that's the issue and not a group exercising its constitutional right which is the same thing you and i enjoy in the media.

>> what can it about this case that made so many on the left and the right so quick to condemn the speakers as opposed to the attackers? >> well i think some people you know look obviously this conversation would be very different if it not been for one bray policeman who prevented dozens from being massacred. people are letting their personal political feelings cloud their judgment when it comes to free speech. maybe it's better tv to beat up on the anti-islam group and, again, a separate debate but the two have become conflated and too many who ought to be the champions of free speech have just lost sight of just how important that is under our country. >> is it fear? let me ask you that is it fear because this is a group that means to kill us for exercising a core american principle so are some of these folks fearful? >> i'm sure there are some who are thinking well you know provocative cartoon, hate speech riling up people riling up terrorists maybe we ought not to go there but if we take

that attitude and trim our sales, if we watch what we say, if we don't have satirical cartoons then we've given up something so precious in this country. >> then who are we? who are we? howie, thank you for being here. >> thanks megyn. so you're going to want to stay tuned for this. dr. phil mcgraw, i have so much i want to discuss with him. he is next onnen fatah lyzing the next generation. how i got into the anchor chair an how you can achieve your dream and the real problems at the core of the united states of america right now in some corners that we like to refer to as cupcake nation. >> here's the problem, here's the deal. we'll raise a generation where they'll try to please everybody. ay. just switch from denture paste to sea-bond denture adhesive seals. holds stronger thaleading paste all day... without the ooze. feel secure. be yourself.

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the most common side effect is diarrhea, sometimes severe. if it's severe stop taking linzess and call your doctor right away. other side effects include, gas, stomach-area pain and swelling. bottom line, ask your doctor about linzess today. well the aclu is weighing in on the teenagers arrested in the baltimore riot saying they should not face discipline at school despite being charged with assaulting a cop or robbery or burglary. they will face charges but the public defender says it was all childish behavior. and hence continuing a trend we have seen pushing to minimize punishments for bad behavior while trying to protect young folks in particular from anything they might find upsetting like for example, a speaker on campus who doesn't happen to see the world as they do.

i had the chance to speak with dr. phil mcgraw about this and much more recently. he is an inspiration in my own life and also happens to be the host and executive producer of tv's number one daytime talk show "dr. phil" author of "the 2020 diet" which has been on the new york stock exchange's best-seller's list for the last 14 weeks. great to have you here. >> i'm glad to be here. glad to meet you. >> it's a pleasure. i know you talk a lot and have for years about empower. . and i want to ask you about that concept of infant lyzing the next generation by suggesting they cannot hear things that upset them. something we're hearing more and more about. >> well yeah i have a real problem with this whole politically correct sort of thing. i have a whole problem with this idea of if somebody has a different viewpoint than you do then there's something wrong with them there's something wrong with people that want to hear their point of view. look the whole idea is i grew

up thinking -- i was raised born and raised a southern baptist in the bible belt of the country and i would read books about satan and i would read books about all this stuff. and the clergy would be oh my god, what are you doing, i said look i want to know the enemy. are you kidding me? i want to know -- oh, no this will poison your brain. i'm like are you kidding me? well i can't believe you don't -- why have you not read this? how can you be talking about something you don't know about? and i've never understood that. and it makes absolutely no sense to me. >> i look at the college landscape and it concerns me. we saw during ferguson which obviously was a controversial situation but what we saw in new york and a couple other law schools, right, was law school students said i don't want to go to class. i can't take any exams because

i -- somebody who has nothing to do with what happened in ferguson i cannot function in this world. i cannot take my test i cannot meet my obligations because i am suffering from upset over what i perceive as an injustice. these are law students who can't function in the face of a perceived injustice. >> i don't get that. we had a ucla professor who had a related subject matter on a final exam and students said i can't take this exam. i can't take this exam and i thought, you know what you need to get in a different profession. >> right. >> you need to get in a different po fegs. you need to become a night watchman somewhere where you don't have to interact with people because you're in the wrong job. if that's -- that bothers you you're in the wrong job and he apologized and changed the exam and i thought, oh my god, has it come to that? >> wow. i mean i've said before the one thing that comforts me about this i have three young kids and feel like okay at least my

kids will be going up against these kids and have a competitive advantage. oh wait the nation is in trouble teaching an entire generation they don't have empower. . they can't overcome upset, can't deal and move on. >> the problem is here's the deal. they'll start -- we'll raise a generation where they're going to try and please everybody. you can't please everybody. somebody is going to have a problem with whatever you do. if you like blue somebody is going to have a problem that you like blue. if you like red, somebody will have a problem that you like red so you know what you'll make somebody -- somebody is going to be upset. do what you want to do anyway. somebody got a problem with what i do every single day i'm on the air and i have two attitudes about that. number one, i'm not one of those people who needs to be loved by strangers, number two, you have a remote control. >> how can that be given the profession you have chosen for your. you need no afterfirmationaffirmation.

>> wouldn't it be great if everybody loved you. > most do. >> there are people out there that the haters are going to hate and the lovers are going to love and i'm just not one of those people if they say, well i think you handled this wrong, you know, maybe you're right. maybe you're right but i do it the way i believe in my heart and i made that decision before i listened to what you had to say. and you've got to just do what you feel is right in the moment. >> what's your attitude on taking in negative influence, for example, i said to many people that i perceive certain online sites and the comments on the mean blogs like taking in bus exhaust. bad for you and you shouldn't do it. social media, twitter, facebook those things can, you know push you one way or the other. >> i don't needeptsn't read that stuff. >> the only time if i go on jimle kimmel and want me to read mean tweets. >> that's not bus exhaust. that's a good laugh. >> the other day somebody said every time they hear my voice

they want to open their veins with a grapefruit spoon. come on. that's funny. i don't care what you are. >> right after the break the advice that changed everything in my own life and could do the same for yours. woman: it's been a journey to get where i am. and i didn't get here alone. there were people who listened along the way. people who gave me options. kept me on track. and through it all my retirement never got left behind. so today, i'm prepared for anything we may want tomorrow to be. every someday needs a plan. let's talk about your old 401(k) today.

many moons ago i was an unhappy lawyer up late in chicago. i heard dr. phil on tv. and what he said hit me like a lightning bolt. watch. >> i want to talk to you about my life. so my life philosophy is a direct derivative of what you've said for a long time. i was doing well on the partnership track and on paper

my life looked great. i was also married to a different person. and i thought that was okay. and then i heard a brilliant man by the name of dr. phil say, this is when you were on the oprah winfrey show say the only difference between you and someone you envy is you settled for less. and it just struck me. i was open to it at the time. it sort of hit me at the right time when i was ready to hear it and the more i thought about it the more i said to myself i should settle for more and that became my life lesson. the one i live by this day. i wound up getting out of my marriage. he and i are still friendly. i found a men i truly love and adore and have three children and launched a new career in television. >> working out well for you. >> it's gone okay. i want to credit you and thank you for speaking to me in a way that you clearly had no knowledge you were doing and ask

you how other people out there who are looking for that kind of empowerment. can hear that same message. a lot say i didn't have a law school education. i don't know if i had the background she did and maybe i didn't have two loving parents so it's not true you know it's not true that the only difference between me and someone i envy is i settled for less. i have disadvantages maybe that person didn't have. >> well you know first, thank you for saying that. that means a lot that i had that impact on you. i read that in the paper one time that you had said that in an interview and i thought that made me feel good that i had had that impact on you and i take that as i great compliment because you've done so much with that and congratulations on all your success, by the way. >> thank you. >> i think you've certainly made some great choices, but, you know i really do believe that. i really think we make choices that in the sum total determine

who we wind up being in our lives and i don't care how bad it's gone for you, i think there are moments in life where all things wrong can be made right. i think we come to those threshold moments where we can make choices that change things and i truly believe the difference between winners and losers is winners do things losers just don't want to do. and i'm not one of these idealists that live life by t-shirts. you can be anything you want to be. i cannot be in the nba. >> i thought of that too. i'd love to be a prima ballerina but never taken a dance lesson and i'm a little heavyset for that job so i chose something that made sense for me. >> i can't be in the nba. you may think you can't be a prima ballerina but you can choose things that are realistic for you and you can start taking

action towards a known outcome. and i've always said the difference between a dream and a goal is a time line. you can sit around -- >> and also your life is the way it is because you set it up that way. make better choices if you want a better outcome. >> if you start taking that action and turn those choices into actions, then wow, you say, you know what i'm somewhere different than i was a week ago or month ago or a year ago. and you -- but you've got to start taking action. >> that's what i love about your message, it's very empowering and looks at the individual and says you do it. it does you no good to think about what bad luck you have. how unfortunate you are. tomorrow you could change it all. you could start to change it all. >> my dad used to say, boy, you better spend about 5% of your time deciding whether you got a good deal or a bad deal and 95% of your time deciding what you're going to do about it and he was so right about that. good deal bad deal. what the hell am i going to do about it?

and if you do that then you start working the problem. you know you figure it out. what am i going to do. need more education, need to get out of here. need different friends, need whatever. you start doing something and it adds sdmrup in my case i had no background in journalism either but i audited a journalism class, i met a reporter friend who helped me so it wasn't like fox news channel just put me on tv and gave me my own show but i was changing my life and now on a new path. another thing you've written about and have a new book on is weight loss and so many struggle with their weight. i do too. i know a lot of people think, she looks thin. you get thin by struggling a bit. you have to work at it. and i actually read the ultimate weight loss solution you wrote and read it cover to cover and read relationship rescue which is great. his relationship book the best line from the book one of the points he makes is when you're fighting with your spouse how

can you win when the person you love most in the world is losing. i ask myself that all the time so doug and i fight clean and it's good but the weight loss thing is good. one thing that your first book it's your big birthday or it's christmas or a big party and you decide you're going to treat yourself and treat yourself by having the cheesecake and, you know the brownie sundae and some huge pasta dish and a couple of martinis and my birthday the next day you're like oh crap and your point is this is no way to gift yourself on your big day. >> people say, it's a reward. i'm going to get drunk and kill several million brain cells. that's my way of reward. and, you know everything we just talked about, i put in these books. >> this is the new book. this is the next one. >> tell people in there, first thing, don't be a sucker. first few pages of that book i just took the federal trade

commission guidelines for scams and suckers and put them right in front of the book which is basically they're telling you it's easy and it's too good to be true then it's probably not true. i mean there's like seven things -- >> we want to believe because weight loss is so hard. >> no magic pill. tell you anything you want then you'll lose weight. no that's not true. you'll have to break a sweat and quit eating everything that -- >> you say there are certain foods that can increase your metabolism. that's really good. >> there are foods that are cleaner for you. there are foods that work better for your body and i tell you what those things are. and i tell you that it's about a lifestyle. look willpower is a myth. willpower is a myth. people think, you know i just got to have willpower. it's about setting your life up for success. if you want to succeed, set your environment up to support your success. surround yourself with people that you know want to you do well. you know set your -- when i say set your environment up for

success, if you tend to get up at midnight and go in the kitchen and eat a whole sack of oreos. get them out of your damn kitchen. you won't drive to the store and get them. at least you're less likely to do that. >> i will say life in new york city really caters to some of those desires. >> most people won't get in the car and drive to the store and get them. get them out of there and put something you can eat without killing yourself. i mean set yourself up. there's a way to do this right one time. >> it goes back to the same thing we're talking about, we've been talking about which is believe you can and set yourself up. make your own decisions to set your life up. >> it's not rocket science. >> from your job to your marriage. >> all about planning. >> wonderful to see you in person. >> it's good to see you too. >> thank you for being here. >> let's do this again. >> you got it. >> that was a real thrill for me. i have to tell you and you should definitely check out dr. phil's show. a reason he's number one is no

nonsense sensibilities, have really helped me in many areas and i hope they can be of help to you too. we are going to be right back but first coming up on "hannity" -- >> the question is why is the media counting water for the most radical and extreme ideology on the face of the earth? why is the story about pamela geller? lters? creamers, sweeteners stirrers, filters, k-cups... hazelnut? french vanilla? french roast? dark? light? medium? bold? extra bold. and decaf. why would you say that? why would you say that? why would you say that? no reason. make on-budget happen. make caffeinated happen. staples. make more happen. ♪ ♪ ♪ ♪ ♪ ♪ the ones with the guts to stand apart -

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airing monday night at 9 p.m. eastern. go to "the kelly file" and follow me on twitter @megynkelly. have a wonderful mother's day. i'm megyn kelly. this is "the kelly file." tonight -- >> he will -- >> they continue to silence free speech and the associated press is forced to backtrack on a tweet about pamela geller. >> i know you are used to stepping over women but not going to have it here okay. >> back to respond to the latest attacks. >> i think senator rand paul is divorced from the reality of the nature and the magnitude of the adversary we face. >> and senator john mccain doesn't mince words bashing senator paul's stance on the surveillance program. the kentucky senator will be here to respond. >> haven't had much time to digest it fully. when i do