d or not? no spin. tomorrow on "the factor." again, thanks for watching us tonight. please remember the spin stops here. we're definitely looking out for you. breaking tonight, a kelly file exclusive that is likely to have a big impact on who might be the next president of the united states. welcome to "the kelly file," everybody, i'm megyn kelly. jeb bush is the man to beat in the race for the white house. still undeclared, he leads in the numbers. he's a fund-raising powerhouse and he has name recognition, good or bad, that tops all others by a mile. this past saturday he went to liberty university to deliver a commencement address before 34,000 on the issue of faith. >> what should be easy calls in favor of religious freedom have instead become an aggressive stance against it.

somebody here is being small-minded and intolerant and it sure isn't the nuns ministers and laymen and women who ask only to live and practice their faith. federal authorities are demanding obedience in complete disregard of religious conscience. and in a free society, the answer is no. >> when he was done he sat down with us his first national television interview in months. he took tough questions on positions that have cost him with some conservatives and met them head-on. that interview unedited right now. so i listened to your speech at liberty university and you focused a lot on faith and commitment to christian conscience which was interesting because just recently hillary clinton came out and said those who hold a deep-seated religious belief have to change them that those religious beliefs need to be changed, in particular to allow

reproductive freedom for women. your response to her? >> look it's okay i guess in the secular work to be someone who is religious, but you can't act on your faith, you can't have a conscience and act on it? that was the basic purpose of this speech was to say that in this incredible country of ours we need enough space for people to be able to act on their faith. and by the way, when they do they do good. they feed the hungry they take care of the homeless they protect people they love people that's the beauty of our heritage and our faith. i was deeply troubled by hillary's statement that somehow, you have to put your faith and your convictions in some lock box, i guess, and not be able to act on them. >> that's going to be the line though that republicans who are social conservatives are looking to trample on women's rights from abortion to contraception. >> i don't think they're right about that, but at the same time i don't think it's appropriate

for people on the left or people that don't have a guiding faith to be able to say to others look you can't do anything. this is kind of the world we're moving towards, that the first amendment rights only exist for people that don't have faith. i mean if we reflect on this the right way, i think we'll realize that we're a big enough country to allow for the dissenting views on any subject. >> let's talk about common core which is obviously an issue for you. should you decide to get into this race with the gop base. now those that know common core, according to the polls, really dislike pit. gal up put it at 58% of gop parents have a negative view of it. only 19% favor it. they say it makes no sense, it forces teaching to the test they say kids are in tears over it. are they wrong? >> common core means a lot of things to different people. so they could be right based on what's in front of them. i respect people having a view but the simple fact is we need higher standards.

they need to be state driven. the federal government should play no role in this either in the creation of standards, content or curriculum. that's what i believe. if we don't have high standards and assess to them faithfully we get what we have today which is about a third of our kids being college and/or career ready. and we spend more per student than any other country in the world other than two or three countries. >> it sounds like higher standard sounds good but what they're complaining about is this practice it's irritating. the kids don't like it the parents don't like it the teachers don't like it. >> but social studies is being ascribed to common core state standards. >> that's not right. >> no it's reading and math. i hear legitimate complaints about changing as it relates to math where you're not just memorizing a multiplication table or an addition table but you're also in the classroom, you're challenging kids to explain why you got to -- >> understand it now. >> yeah because five years from now when you're taking algebra,

all those building blocks will make it possible to take higher order math. you look at our country compared to countries who are successful in reforming their education, we've been dumbing things down spent more money focused on the economic interests of the adults fighting over limited school choice and the countries that are successful reward teachers but they have high standards and they allow more options. >> how are you going to get right with the gop base on this since they feel so overwhelmingly against it? >> i'm going to tell people what i think, which is high standards are better than low standards. i'll show them the record in florida where we led the nation in learning gains because we ended social promotion. we had the most dynamic school choice programs in the country. by far, when people begin to see the learning record and where we're at the bottom of graduation rate and moved to the middle where hispanic and low-income kids are now national leaders in florida compared to their peers and where there's a focus on ending this political correctness of our time that just casts away thousands and

thousands of kids. i'm willing to stand on that record and fight for it. >> immigration is another potential sticky issue for you and the gop base. >> that's what i heard. >> and you told our own shannon breen not long ago that it's not a felony it's an act of love. but lots of crimes are committed out of love. that's my question to you. it doesn't stop their prosecution. so what is it about illegal immigration? >> i think illegal immigration ought to be punished by coming out from the shadows, earning legal status over an extended period of time where you pay a fine where you work where you don't receive government assistance where you learn english, where you don't -- where you're deported if you commit a crime as is the law. there are no -- there are very few other options that i can see. the option of self-deportation or making things so harsh is not really -- i don't think that's practical. rounding people up door to door isn't practical either. we need to enforce, you know

the laws of our country for sure. enforce the border. 40% of illegal immigrants come with a legal visa and just say. we ought to be able to figure that out. but a practical solution of getting to fixing the legal system is also allowing for a path to legalize status. not necessarily citizenship. >> let me ask you about that, yeah. because is that a distinction in your mind? >> sure. >> because before you said that you would support a path to citizenship, in 2012 to charlie rose. >> no i've said as long as there -- if that was the way to get to a deal where we turned immigration into a catalyst for high sustained economic growth where we did all the things we need to do in border security where we narrow the number of people coming through family petition and dramatically expanded a like-kind number for economic purposes which will help us grow and help the median rise up in return for that as a compromise sure. but the plan the book and the plan that i've suggested when i go out and speak, which is almost every day on this

subject, i'm talking about a path to legalized status. >> got it. what about when you were governor of florida, you supported driver's licenses for in-state illegal immigrants. you supported in-state tuition rates for the children of illegal immigrants. your critics say those are magnets. those will encourage illegal immigration. it didn't happen in florida. i proposed support of a state senator's bill that never even got a hearing. as it relates to in-state tuition, it passed this year. a conservative republican legislature led by a very courageous speaker of the house, will weatherford passed this and the governor signed it under law. it didn't happen under my watch, but i supported that. if you've been here for a period of time you have no nexus to the country of your parents, what are we supposed to do? marginalize these people forever? there's got to be a point where we fix this system so that legal immigration is easier than illegal immigration and show some respect for people a kid that might have been here ten

years, that might be the valedictorian of their high school to say, no you're not allowed to go to college. i just think there's a point past which we're over the line. i do understand and respect people's sentiments and frustrations about this broken system. and i totally understand why people are upset when barack obama, with a stroke of a pen through executive action takes unconstitutional actions. >> what about that? would you reverse that? >> absolutely i would. of course. >> i talked to marco rubio about this. he said it's going to be very difficult to undo that once all these folks are here if that legal challenge to his action does not succeed. >> by the way, i think it will succeed. >> how would you undo it? >> passing meaningful reform immigration and make it part of it. >> would you support the senate bill that would not pass? >> i would have had a different bill that was based on the, you know my deeply held views on this. but i would have supported that to get beyond this sure. it was a bill that i don't think -- i think there should

have been more efforts to get something like that passed. the criticisms of the bill were way too complex, hard to understand but they made a good effort to narrow family petitioning and expand dmik immigrants which is what we need to do. 15% of the immigrants coming to our country come for economic purposes. in canada there are more economic immigrants than the united states and they have one tenth our population. which system is going to be the one that creates investment and job growth and income growth and productivity growth ours which has family as the driver of legal immigration or canada's? >> this is another area where folks say i like jeb bush but how can you ever get through the gop primary with this position on immigration? you know that there's a core wing of the party for whom this had be a deal breaker. >> i don't know that. i've been traveling over the last three months and i get a sense that a lot of people can be persuaded, to be honest with you. but here's the deal megyn, if i

go beyond the consideration of running to be an actual candidate, do you want people to just bend with the wind to mirror people's sentiment? whoever is in front of you. oh yes, i used to be for that but now i'm for this. is that the way we looekt president? running for president is tough. dealing with putin is a heck of a lot harder than going to a town meeting in new hampshire and explaining your views on immigration. >> let's talk about your brother. up next the answer that has now touched off two days of controversy. plus the question and answer that will be the big story tomorrow. next. 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

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part two of our interview with former governor jeb bush. the potential republican presidential candidate talks about his brother, the iraq war, american leadership and free speech. let's talk about your brother. >> marvin? >> yes, america wants to know about marv. >> marv's doing well. thanks for asking. >> george w. bush reportedly you said he's your top adviser on israel and the middle east that you value his advise on foreign policy which will lead some to ask what specifically right? so he got criticized by some for

being a so-called neocon for promoting values of he said spreading freedom and ending tyranny but his detractors would say he was pushing our values on other nations and getting us into wars we shouldn't have been in. >> i got the whole narrative. it comes my way on a regular basis. i love my brother and i respect his service and in terms of living presidents and someone 40 has lived this and breathed it the fight against terror and our relationship starting with israel but how you build relationships with the countries that are so essential to create security in the world, i do rely on him. and i respect his ed aadvice. he's not the only person that advises me. one of the fun things about the journey i'm on is i get to call people up i really respect and admire and, believe it or not, they're answering my calls. so of course i'm going to ask my brother his advice. there's no better.

>> the so-called bush doctrine do you subscribe to it? >> the question really related to israel and this was leaked out to the rest of the world in this gathering, and there i don't think you'd find a stronger supporter of a strong u.s./israeli relationship than that of my brother. and that was the reference in which i brought this up. am i the same as my brother? of course not, i'm not. i think, for example, our foreign policy ought to be -- ought to be grounded in not just the export of our own values or nation building. those are good sentiments but first and foremost in security and peace. and i think what we've seen under this president is as we pulled back we're creating an incredibly insecure world. and the narrative that the left wants to bring is either you're for this nuanced view of pulling back and leading from behind and that we're part of the community of nations and blah blah blah that if you don't believe that you're a warmonger, i just

reject that out of hand. the broad bipartisan consensus in the post world war ii era is to have a certain america, an american that leads, an america that understands its power should be used judiciously but needs to be used whenever it's appropriate to do so. that's not what we have today. >> on the subject of iraq very controversial, knowing what we know now, would you have authorized the invasion? >> i would have and so would have hillary clinton, just to remind everybody, and to would almost everybody that was confronted with the intelligence they got. >> you don't think it was a mistake? >> in retrospect the intelligence that everybody saw, that the world saw, not just the united states was faulty. and in retrospect once we invaded and took out saddam hussein, we didn't focus on security first, and the iraqis in this incredibly insecure environment turned on the united states military because there was no security for themselves and their families. by the way, guess who thinks

that those mistakes took place as well? george w. bush. >> your brother. >> yeah. i mean so just for the news flash to the world that they're trying to find places where there's big space between me and my brother, this might not be one of those. but it's important to remind ourselves of lessons going forward. the world is different today than it was in 2001. and it's going to be different in 2017 if we allow this president's foreign policy to continue on the unraveling isn't going to stop. >> do you feel that america's place in the world has diminished under president obama? >> it has. name a country where america's prestige or relationship is better today than the day president obama took office. i can think of two. cuba and iran. >> how will you undo that? with respect to the iran deal would you undo prb prbsesident obama's deal? >> i would try.

it's hard to know what the circumstances would be in 2017. it's hard to know if there will be a treaty -- excuse me or an agreement. there won't be a treaty but an agreement. if you assume that sanctions will be lifted if you assume that there will be an agreement, if you assume that the verification is probably weak if you assume that nothing will stop the iranians from continuing to try to undermine the region if you assume that they're going to build, as they say they are, anti-defense missile system if you assume that their missile launch capability continues to improve, then we've got a big mess left because of this incredibly weak president who i think is maybe negotiating in faith but is not getting a good deal. >> many conservatives look at your potential candidacy say i like him as a man and even as a politician but he's the worst possible candidate to put up against hillary clinton because you cannot press one of her biggest downsides, namely that the clintons are history, that that name is history, her

candidacy feels old and that the country needs a fresh start. do they have a point? >> megyn, i haven't been in washington over the last ever. i'm not part of washington. i got to serve as governor of a state, a purple state. and i was the most successful conservative governor probably during the time i was there. i would say mitch daniels and jeb bush are the two most successful governors. i can tell that story and offer the future and not the past. i'm energetic about the things that need to be fixed. i don't feel old, i don't feel like yesterday's news. >> it's not you necessarily. people roll their eyes and say, oh a fresh bush/clinton. don't we have more than just these two or three families? >> i have a little self-awareness to know that's a little off. if i show my heart, show that i

care about people show my passion for the things that need to get fixed, show my leadership style because this isn't like running for the senate where you can vote for me and the words just go into the ether because you know nothing is going to happen. presidents have the chance to lead. and i've led. not many people who are thinking about running have the leadership experience that i've had. if i tell my story, if i go beyond the consideration, i think i'll be successful. >> let's talk about poverty and race relations in this country. you recently wrote an op ed on baltimore and the situation there. the doj is investigating the baltimore police. do you think that policing is the problem in towns like baltimore, maryland or ferguson missouri? >> no. baltimore, maryland was particularly a completely racially diverse police department. it has ample resources to get this right. we'll find out, you know there's a proceeding under way

and these police officers are innocent until proven guilty. i don't think it's a systemic problem. poverty and generational poverty which is really the great challenge -- one of the great challenges of our time is a problem. and the welfare state liberal progressive approach to this has failed. at some point someone needs to say the emperor's not wearing any clothes here. we've spent trillions of dollars and yet under barack obama's poverty has gone up 5 million. and since the '60s '70s there was a drop in poverty. it is actually higher now. why is that? well it's because we have disrupted meaningful committed family life. children are growing up fatherless. the systems around communities have been torn asunder. churches and synagogues and civic organizations don't exist in these communities to the extent they do in other places. and then we have the worst education system ever devised for young boys and girls, and

they don't learn to read and calculate math. and we all excuse it away as a society. we excuse it away that they can't learn. well we're here at liberty university and i know for a fact that god's given the ability of every child to learn. we better start focusing on their needs and how they can learn rather than focusing on the economic interests of the adults. bat baltimore spends 15 grand per kid, that's double what's spent in florida. >> and the results are terrible. >> so this should be a catalyst for a deeper conversation about how we restore committed family life. what are the things we can do to restore community again? and then how do we change our education system? and how do we bring people into the equation to create a more secure and loving place? >> there's been a debate about free speech. the attempted murder of a group down in garland, texas, that was trying to make a point about free speech by ib inviting folks to draw the car toons of

muhammad. many condemned the event. others said this is about liberty. where do you stand? >> i think it's about both. certainly first amendment and freedom of expression trumps everything else. doesn't mean it's appropriate to do what they did. >> why is it inappropriate? why not stand up to the terrorists and say, we're going to draw what we want to draw? >> i think you can. i don't have a problem with that. the bigger problem is we have homegrown disaffected people terrorists in the making that can receive a tweet or an e-mail and provoke them to drive a thousand miles or 2,000 miles armed with bulletproof vests to go kill people. and the priorities -- i know there's a lively debate about what was inside this hall. the first question is how can it be in this country -- we can't tolerate this. we have to be vigilant. the guy who is the real hero in this isn't mrs. geller or anybody arguing, they have the

right to do that. it's the police officer who unarmed with bulletproof vests, i guess, shot these two guys dead. i wish -- i'd like to see him on your show. because that's the guy that we ought to admire. because imagine what would happen had he not done his job. >> absolutely. last question about your campaign. you are off to a fast start initially. it slowed a little. why is that? >> it hasn't slowed. >> just in the polls. >> oh the polls are totally irrelevant. >> why is that and can you get it going again? >> i'm actually not a candidate yet. so polls are -- i think everybody needs to take a chill pill on the polls until it gets closer. i have enjoyed my time. i've traveled to a lot of different places. i've been everywhere. i've had 20 press gaggles. i don't have -- i don't do town hall meetings. don't screen the questions. don't have a protective bubble like mrs. clinton does. don't have town hall meetings or

roundtable discussions where i pick who gets to come and i screen the questions and the press has to behave a certain way. i'm having fun doing this. i think it's better for candidates to be out amongst them. >> and your mama approves now. >> yes. >> most importantly going into mother's day. >> you're not kidding. >> thanks for your time. >> so how did he do? is this a game changer? and why now? the rest of the story next.

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jeb bush has charted a most unorthodox course to the white house. in contrast to hillary clinton who is reversing herself with abandon on a position she held in the past bush is sticking to views that fly in the face of much conservative sentiment. yes, he still supports the common core education standards while opposing federal coercion to impose them. yes, he still supports the kind of immigration reform many republicans oppose as amnesty. he's clearly hoping his conservative record as florida governor and his calm and thoughtful style campaigning can see him through the republican nomination and leave him well positioned for a general election. it may work but make no mistake about it it's a gamble. >> that was our own brit hume a special report earlier tonight speaking to the interview we just shared. in the last 48 hours the left and the right have reacted to some of governor bush's remarks

on immigration and the iraq war but none of them had seen the whole thing until tonight. joining me marc thiessen speech writer for george w. bush and fox contributor and mercedes shlack. we wanted two republicans to react. you have two different issues when it comes to some of the thins we discussed, different points of view. marc let me start with you and ask how did he do? >> i thought he did very well. the interview was fascinating. and it shows some of the strengths he has as a candidate and some of the challenges he faces. you brought up the common core. you said to him how are you going to get right with the gop base on this. given his record on education in florida, he shouldn't have to be getting right with the republican base on education. he has one of the best records on education of any governor in the history of this country. he's the father of school choice. first statewide voucher program in the history of the country.

triple the number of charter schools, african-american hispanic achievement skyrocketed. why is he on the defense on education. he spent most of the interview defending his position on education. >> because i asked him to. are you saying he should have dodged an gone to his happy place? >> no it's because of common core. it's seen as code for federalization of the education system. >> but it's not. >> but people see it. >> yeah but he's made it very clear that he believes the federal government should not be involved but again it presents a very interesting situation where can he make the case to sort of that suburban gop mom voter that core that it really is as marc was saying about his record as governor in terms of being education reformer. but it's still not necessarily coming through. at least it didn't come through in this interview. but again if you can tell

throughout this whole interview he did string along the idea that education is an incredibly key part of his campaign that he'll be focused on. >> he defended common core. he does have a case -- >> he did. >> and the situation in florida, but what i thought was interesting about the common core section was he did not back down. he said look we need higher standards. >> that's right. >> he does not favor nationalization of it and i know that's an accusation. he wanted to make clear there's a case for common core he's going to stand there and make it and his biggest challenge will be can he persuade the voters that this is the way to go? and common core has morphed because it was passed by bipartisans in the national governor association. when it really came into reality, as we know then there was a lot of pushback from conservatives. >> people are irritated by it. >> they are. >> i looked at all these math questions. they're ridiculous. they're ridiculous. if i wasn't such a nice person i would have shown him some of those questions and asked for

answers because my team and i were pulling our hair out. but this issue and immigration, marc too, he's standing firm. one thing you can't say about him is he's not pandering to anybody. >> no that's exactly right. and i think he handled immigration exactly right. first of all, nbc news poll "wall street journal" poll the other day, 8% of republican primary voters consider immigration their top issue. another poll found that 64% of republicans agree with him on immigration. some of those are probably on his side. he's making it an issue of character. he's saying i'm a president who stands by my beliefs. i don't bend in the wind. and it's in contrast to hillary clinton who is changing her position on everything from marriage to immigration and the rest. >> that's very true. not just hillary, a lot of republicans have switched positions, too. he said running for president is tough, but serving as president is tougher. and speaking to sort of the moral compass you have to have.

>> right. >> but let's not skip over how tough running for president is. they don't just switch and flip for the fun of it. they do it to win. they do it because they believe they won't get the nomination unless they say what their base they think, wants to hear. >> right, but i think for jeb bush he's just so comfortable in his own skin. he's not about to just bend over and take any sort of position. that was one of the things that george w. bush did very effectively. he was very strong on his immigration reform stance and never really caved in on that. he stood on principle. i think jeb bush is taking that very similar approach. >> let's talk about that. because i predict tomorrow there's going to be a lot of talk about what he said about president obama's foreign policy moving on from iraq. because in fairness to governor bush when i said knowing what you know now would we have invaded iraq he was trying to answer the question of do you believe it was a mistake at the time. that was my take on the interview. i don't think he was trying to

say still today -- he said look give the intelligence and so on. but then he went on to say that nation building is a good sentiment and exporting our values is a good sentiment. marc you know you were part of that whole neocon thing. highly criticized by a lot of people. >> i'm proud of it too, just like he's proud of his brother. >> is that an area that he's going to take a hit on? not from you but from others. >> there's only one candidate in this race who disagrees on those things and that's rand paul. the fact is the republican party basically embraces the bush doctrine of fighting the terrorists over there so we don't have to face them over here. they support drones they support guantanamo they support the bush counterterrorism doctrine. so -- and quite frankly, the entire country does. polled 64% of americans thing that we should send ground forces to iraq to fight isis. this is not like the country is a hawkish president for american

leadership. so i don't think that hurts him. >> go ahead. there's a more libertarian wing of the party. >> there is. >> i recognize what's happened over the last couple of years. they've become a little less isolationist and more we better do something. but that language no problems? >> i got to tell you, you look at south carolina for example, where you had the gop candidates going over there. and what do they talk about? it was about that strength you know peace through strength. i have to tell you. >> but that's different. >> but what really came out in this interview was the jeb doctrine which is security and peace. start saying what happens with the islamic state and we start seeing growing threats in the homeland that will take a huge priority i think in this presidential election. >> that was another line he said. he said leading -- to object to leading from behind does not make you a warmonger, which was an interesting way to put it. i want to ask you before i go about manner. he slimmed down had the nice suit had the haircut going. i felt he was more at ease in

that interview, sort of more presidential in his presentation than i've seen him in any other thus far. am i wrong, marc? >> no i think he looked very at ease. he looked very presidential. the bushes all look presidential. >> but jeb, i don't thing that jeb -- the governor has really hit his stride on that front prior to that moment with all due respect to him. >> he's out of the gail for a while. he's been on the campaign trail for a while, so he's getting that back. >> go ahead. >> that fire in the belly. he realizes he can't take it for granted. he's got to win over the primary voters and he'll have to do it in a way that he'll push forward a strong agenda and not cave in to just however the wind is blowing and stick true to himself. >> i don't know if it's fire in the belly. it's probably hunger in the belly since he slimmed down so much. you couldn't quite hear what he said but there was one line in which i laughed out loud because

i talked to him about how barbara has said we haven't had enough bushes. he said i have enough self-awareness to say that's a little odd. i laughed at it but you couldn't quite hear his word it was odd. thank you both for your thoughts. we're taking view. go to facebook.com/thekellyfile. let me know what you think. did it change your view of governor bush? would you vote for him now when you wouldn't before? one of the winningest quarterbacks of all time and how the nfl has decided to handle allegations that he's a cheater. plus baltimore state attorney giving new ammo to her critics as she takes to the stage at a show that mixes politics with top hits. and wow, prince very unhappy with the situation in baltimore. isn't she supposed to be impartial? judge napolitano is next.

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from the world headquarters of fox news it's "the kelly file" with megyn kelly. >> developing tonight just 48 hours after we heard calls to remove d.a. marilyn mowsby. last night prince held a concert outside baltimore in response to the death of freddy gray. and marilyn mosby, the woman prosecuting the case against the officers charged with his death was invited on stage as a special guest. as prince sang "if there ain't no justice then there ain't no peace" and then some. joining me now judge anna napolitano. for the people who didn't get to hear this rendition -- >> you aren't asking me to give you the lyrics. >> -- here's just a sample. ♪ does anybody hear us pray ♪ ♪ for michael brown for freddy

gray ♪ ♪ peace is more than the absence of war ♪ >> so apart from being like a little bit of a rip-off of "raspberry beret" appropriate for the d.a. in the case being next to him? >> it's very unusual. when she does that she undermines her credibility with respect to the court because the court will assume her goal is a political change rather than the effective, fair legal prosecution of these guys. >> this is just the latest in a long line of inappropriate behaviors on her part. >> you and i come from a system where prosecutors are appointed either for a term -- well for a term of years and judges are appointed for a term or for life. in maryland everybody's elected. the judges are elected and the prosecutors are elected. you tend to get prosecutors who are a little bit more political and a little bit more pandering to the crowd. but i suggest she'll have a lot more credibility that instead of acting like a candidate of a

faction, she acts like the person whose job it is to keep the peace in that xhont and she wraps her arms around the community, the entire community, not just one segment of it. >> this isn't the only thing she's done. she's up there next to prince who we know was critical of the situation in baltimore and thep koss prior to his concert so she chooses to go knowing that but she made statements publicly about how she'll seek justice for freddy gray. she heard their calls for no justice, no peace, she's giving them justice by arresting the cops. she needs them to keep the peace. and the responsibilities of a prosecutor from the ethical code they are to refrain from making comments that have a substantial likelihood of heightening public condemnation of the accused outside of the courtroom. >> she's supposed to refrain from making comments that are intended to affect the outcome of the trial by statements made outside the courtroom. how can she do that? by polluting the jury pool from

which the 12 will be chosen. >> i stand with prince on this and he thinks freddy gray is a victim which has yet to be determined believe it or not, in a court of law. and michael brown, for good measure, which the doj has said was the aggressor. >> had nothing to dwoo this case. nobody expects a prosecutor to be neutral. her job is to prosecute effectively the people she believes she has enough evidence to convict. but she cannot get in a situation where she's trying the case outside the courtroom. >> she's supposed to seek justice, though judge. that's the reason we place those burdens on them. not justice for freddie gray. if she stumbles on information that exonerates these defendants she has to produce it. she has a higher obliligation. she's not living up to it. >> she's brought herself a change of venue. this case will be tried in annapolis. i can't be tried in baltimore. >> i'm not sure about that one. >> because of the inflammatory

nature not just of what she said but what so many people said in that community. the jurors in that trial cannot be afraid to go where their minds and intellects tell them. they cannot feel public wrath, that cannot influence their decision. i don't know how that can happen in baltimore, especially with the charade she's putting on. >> she's not helping. there's a motion to kick her off of the case. >> i think that motion loses. >> i agree with you. why is she making it more difficult on herself by doing stuff like that? >> she loves the adoration of the crowds. she should forget that now that she's no longer a candidate. her job is to do justice, to vigorousry prosecute but not to pander to the crowds. >> you want to give up your job and go to television news. >> where are the crowds? >> judge, good to see you. >> up next trace gallagher and

brian killmead on the breaking news about the nfl and tom brady. how the league is handling allegations that he is a cheater. sometimes the present looked bright. sometimes romantic. there were tears in my eyes. and tears in my eyes. and so many little things that we learned were really the biggest things. through it all, we saved and had a retirement plan. and someone who listened and helped us along the way. because we always knew that someday the future would be the present. every someday needs a plan. talk with us about your retirement today. i've smoked a lot and quit a lot but ended up nowhere.

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breaking tonight, the nfl just decided how to handle

patriots quarterback tom brady and allegations he cheated in the run-up to the super bowl. trace gallagher in the west coast newsroom with the story. hey, trace. >> the nfl made it clear it had nothing to do with the outcome of the game of the patriots and the colts but breaking rules and paying the piper. the punishment handed down by executive president vincent and authorized by goodall. the key factor for being suspended for four games is refusing to cooperate. independent investigator wells found it was that he was generally aware of inappropriate activities. the nfl knows that tom brady has extended contact with the equipment guys accused of deflating footballs but as the resident sports guru told me brady wouldn't give up the goods. >> he did not provide e-mails or text messages and the new england patriots did not let the

key equipment manager talk a second time. so right again you have the team culpable. they'll pay a price. you have brady culpable and will pay a price. not fully cooperative. we can't goat to the truth as a league because they're not helping us out. >> reporter: and the reason the patriots were docked two draft picks is is partly to make up for sins of the past. remember in 2007 they were caught cheating by videotaping other teams signals. the team says tom brady had unconditional support, that the punishment far exceeds any violation. the agent calls it ridiculous saying quote, there's no evidence that tom directed footballs to be set at pressures below the allowable limits. in fact the evidence shows tom clearly emphasized that footballs were to be set within the pressure of the rules. patriots of course will appeal the punishment and may very well win. >> trace, thank you.

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tennessee garden girl he -- what does this say? he gave the right answers if you're here illegally. and then there's this. that interview changed me to a strong jeb supporter. tune in tomorrow with senator cruz and brit hume. tonight -- >> we're very definitely in a new phase in the global terrorist threat where the so-called lone wolf could strike at any moment. >> the new warning about the rising threat of isis. with retired four-star general will share his strategy for defeating the terror group. in fairness to him and his family we need to let the process play out and there's been way too much speculation. >> tom brokaw to weigh in on brian williams' future the 2016 presidential field and he'll open up with his own battle with cancer. as potentially the first african-american first