42 years 42 times. it's in your mind. when they don't put the down we know they don't watch. again, thanks for watching us tonight. ms. megyn is next. please remember the spin stops here. definitely looking out for you. breaking tonight, 106 miles per hour that's how fast the ntsb says an amtrak train was traveling moments before flying off the rails in philadelphia last night. and while some of the wounded are still being treated and other passengers are still unaccounted for, there has been a predictable but no less despicable rush to turn this crash into a political talking point. welcome to "the "kelly file"" everyone i'm megyn kelly. it was just before 10:00 p.m. the news broke of this tragic accident on the train tracks and it barely took 12 hours for some political leaders to find blame. not enough amtrak funding they suggested. not enough money for

infrastructure. they blamed the stingy republicans and stalled spending bills. in the hours since, we have discovered a few things that the investigators like to call facts. the speed limit in the area of that crash on that turn was 50 miles an hour. the train was going twice that. an engineer slammed on the brakes but when the train went off the rails, it was still cranking along at 102 miles an hour. we'll get to the politicians in a moment but first, to trace gallagher with the latest on the investigation. trace? >> and megyn, we should note the ntsb has not said what caused the crash but as you say, speed looks like the demon. after analyzing the data recorder the black box, before the train went off the tracks, it was in fact doing 106 miles per hour in a 50 mile per hour zone and then you go forward three seconds later as it made that left-hand turn, the train

was still going 102. listen now to the ntsb explain. >> moments before the derailment the train was placed into engineer induced braking and this means that the engineer applied full emergency, full emergency brake application. >> aside from speed, investigators are looking at equipment. the train was relatively new with no major history of mechanical issues but that stretch of track is the most heavily used and authorities acre knowledge there had is trouble keeping it in good repair. the junction does not have positive train control or ptc. that's the gps technology that can automatically slow down a speeding train in case of human error. the human controlling the train at the time of the crash, the engineer has been identified as brandon from new york. he spoke to police and said he did not remember anything.

now he lawyered up and is refusing to be interviewed by the ntsb and for comparison, remember the train that derailed in spain two years ago killing 79, it, too, was making a left-hand turn going 100 miles per hour in a 50 mile per hour zone. gives you an idea how much force a train can generate. listen a passenger describe what it was like to be on last night's train that derailed in philadelphia. >> felt like it was a sharp curve like they were going around the curve and then all of a sudden my head hid the window and going down and flipping chairs on top of me. people being thrown in the chairs on top of me. >> the death toll remains at seven but not everyone has yet been accounted for. megyn? >> trace, thank you. as we mentioned, rescue crews are trying to make sure they have everyone accounted for and

all the victims, trying to find all the victims when they decided to turn the tragedy into a talking point and this afternoon as we learned the train was likely way over the speed limit according to the authorities when it went off the rails, the political finger pointing continued without pause. >> i will say as a general matter since his first weeks in office the president has been a leading advocate, obviously with the strong support input of the vice president in investing in our infrastructure. >> it's how much we depend on our mass transit. how much we depend on our roads and bridges, how much our safety is directly linked to the kind of investments we make and how we get around. >> every day in america, lives are lost and productivity is lessoned because of an inadequate system of infrastructure. >> last night we failed them. we failed to invest in their safety. we failed to make their safety a

priority. >> really? >> i mean look i have very low expectations for washington and the way people talk here. it's hot garbage, quite often, and i live in that world and i know that so i expect very little of these people. right, exactly. i'll settle for that but let me tell you something, this is an astonishment for me. this is something that i can't believe went on and is still going on which is even before the dead are recovered, even before the families all know even before any of this individuals would come out with a claim about a budget fight over something the the that actually really matters, and that is reckless and so far i have not seen any consequence for the people who have trafficked in this you know

what. >> last night we failed them. we failed them on the infa stalk infrastructure infrastructure. who failed them? the engineer was going twice the speed limit. why aren't we talking about him? how did the infrastructure fail? >> as you know we have a tendency in washington in politics to drill down on very tiny changes. did jeb bush mean the that or say that or this? the president sexist when he referred to a senator by her first name. we spend days chewing on the differences and evaluating the language of individuals. today a lot of elected officials including the major of the largest city of america made broad accusations putting blood on the hands of republican budget wonks for not funding amtrak adequately. that was reckless. that was endangering the civil

discourse in america and if that's where we're starting, where do we go from there? what's the next step after that? >> what's really nuts about it is the only infa structure is the positive train contrack to over ride a train engineer like that and congress had already mandated that that be installed and it's being installed on all these tracks. they just hadn't gotten to this particular track yet and that was isn't driven by a lack of funding. they just passed that after this other accident so they were working on it. it's not a failure of infa talk infrastructure. >> here is the thing. this is what should concern us beyond this accident and anything else. we have a total inability to

talk about what matters right now and a total inability to focus on the thing at hand in this moment it is deal with what happened and come to conclusions. if we put the cart before the horse every single time guess what? real problems don't get solved because we're going to spend our time fighting over the phony stuff. >> great to see you, chris. >> you bet. >> joining me now, robert zimmerman a democratic national committee member from new york. as i look at this and in march the senate commerce committee voted to extend the deadline for implementing the positive train control and democrats and republicans supported, they just needed more time. how is this an infrastructure problem? >> my prayers and thoughts to the victims. when we talk about infrastructure and positive train controls you make reference to that was an

important infa strike tour lack of fund. >> right now the main investigation is focused on the engineer. let's let that play out before we spend more money. >> it's not a politician, robert leading from the national safety board raised the issue it would be an advantage. >> it's been approved. it's going into place. >> it's been delayed. >> that's just a fail safe, robert. >> megyn -- >> no. >> 86,000 people travel per train. 31.6 million passengers traveled on amtrak in 2013. the vast vast vast majority of those arrive safely. you can't say we wanted it tomorrow because of the national emergency. there isn't, there hasn't been. >> it's not an either or situation. first of all, obviously, we need and it should have been put in delayed for a lack of funding. that doesn't excuse the engineer

for any full-time. >> or does it make the infrastructure problem? >> megyn, we have an infrastructure problem in the country. >> great. that's true. the american society of engineers gives the nation a d plus. however, however, that's a separate argument. they are having a separate argment. you don't and ploitexploit this. >> the reason it was in the news, they met today and voted along party lines to cut funding in the wake of tragedy for infrastructure assistance for amtrak. that's why it was in the news. >> that does not necessarily have anything to do with the cause of this crash and to suggest it does is ex-- >> they saw the congress cut the funding, too. >> they funded this. this positive train, the one thing that might have helped over ride what appears to be

engineer error. >> megyn, they delayed it for a lack of funds in the budget. >> this is rob emanuel, never let a crisis go to waste. >> it's about coming together in a bipartisan way -- >> to ask the taxpayers for more money. >> that was used against the louisiana purchase to borrow money. >> oh wow. >> let's not get so down on america that we refuse to invest in it. that's how we built -- >> down on america? who is down on america? no one is down on america. just looking to figure out the facts. it may turn out it's not the engineer's faults at all. why don't we stick with that. why do we say this is a great excuse to fund what we need more money for. >> it's what the economy needs. for every dollars we spend in infrastructure it produces $3.51 for the economy and every billion, over $100,000 -- >> why don't we wait until the bodies are out of the train?

>> why are we ignoring the infrastructure problem. >> this is them together trying to tell the american taxpayer, you blew it and didn't give us enough money and this is an infrastructure problem. >> let's also not give our congress a pass from doing what they have to do and that is investing and building a safe infrastructure. >> good to see you. >> do you speak half garbage? half garbage. what does it sound like? sounds like a little dirty. [ laughter ] >> coming up -- >> 50 shades of rhetoric. >> president obama is taking new head for comments made over the weekend. as more folks pile on the suggestion that president obama is sexist. dana perino is here to weigh in on that and the cops that made the ultimate sacrifice.

the baltimore mayor stepped in again with comments. the police commissioner is here and he's not happy. ♪ during its first year, a humpback calf and its mother are almost inseparable. she lifts her calf to its first breath of air, then protects it on the long journey to their feeding grounds. one of the most important things you can do is help the next generation. at pacific life, we offer financial solutions to accomplish just that. ask a financial advisor about pacific life. the power to help you succeed. you know, just because your bladder is changing it doesn't mean that you have to. ♪ with tena® let yourself go. ♪

be the one with the crazy laugh. ♪ and keep being their favorite playmate. ♪ tena®'s unique super-absorbent microbeads lock in moisture and odor, tena® - available at target ♪ miranda: ♪ i got red dirt stains on my boots and jeans. ♪ ♪ calloused fingers from my guitar strings. ♪ ♪ wild like the wind in the tall pine trees. ♪ ♪ i got roots and i got wings. ♪ ♪

.

the truth of the matter is elizabeth is a politician and has a voice she wants to get out there. i understand that and on most issues, she and i deeply agree. on this one, her arguments don't stand the test of fact and scrutiny. >> elizabeth. does elizabeth agree you're a sexist pig? that's what some people are saying believe it or not. developing tonight, fall out from those remarks in the yahoo news interview with president obama. the president has been feuding with democrats like elizabeth warren as they continue to block a trade deal after he called out the senator by her first name. he called her elizabeth and that is her name. one of her democratic colleagues suggested his remarks were sexist. >> i think the president was disrespectful to her by the way he did that. i think the president has made this more personal than he

needed to. >> oh sharrid.od. >> so, senator brown is a standup guy and had a chance to look the the at his comments yesterday, he'll find a way to apologize. >> you think? so was the president out of line? is he is the senator who called him sexist out of line and are they alone on this? not exactly. the president of the national organization is siding with brown saying i think it is sexist. i think the president was trying to build up his own trust worth kneeness but convincing us senator warren's concerns are not to be taken seriously but did it in a sexist way. the good news is a big best seller.

sexist pig or man that uses first names sometimes? >> what will they do when he refers to her as hilary? hilary refers to herself as hilary. if the national organization of women and any other democrat can provide a road map to understand when are you allowed to use somebody's first name and when are you not? president obama knows elizabeth warren. they are friends. she worked for him in the administration and i don't think at all it was sexist. i think the white house made a big mistake, though. >> in what? >> this morning when they woke up they were faced with the headline that says president obama was handed major defeat legislative defeat by democrat. that's the headline. so i think they decided if we ask for an apology, we'll get more attention for that that way today in this news cycle we'll be better known as being a sexist than we are for being a failure. [ laughter ] >> that is their thinking they do. i think the white house could have said we won't common on

sherrod brown's -- but senator mccastle, they just choose weird fights. >> what do you make of some on the left like brown and now coming out and piling on this? because to me it reminded me of that infamous moment with barbara boxer when the general referred to her as moma'am, remember this? >> of course. >> do me a favor, can you say senator instead of ma'am? i worked so hard to get that title so i would appreciate it thank you. >> why what is it? why? >> i remember when general petraeus asked me to call him dave in a social setting and i tried. i was like general because i couldn't do it. there are time when is you use a title -- >> that's how i feel about general jack keen. i can't do it.

>> the general politics and when president obama called someone a thug. is he a racist? >> they said it was. someone said it's not racist when a black person does it because they mean it lovingly and when a white person does it -- >> i'm going to see sherrod brown's comment and raise it. he should have said elizabeth warren is right. we beat president obama on this deal because on the march rid she was right. >> she try bed to the knight in shining armor. >> she's upset because obama used her first name which i'm sure she's in the upset. i would say i won this because i had a better argue the and more persuasive. why doesn't she run for president? >> she may. let me give you one final comment on now the champion of women's rights. when bill maher called sarah palin a nasty word the that

begins with tw they did come out and denounce the word but the communications director said look you're trying to take up our time defending sarah palin. if we are defending her we can't defend women's bodies and free protective livelihood et cetera. >> i remember that. they didn't come out proactively. >> so you can call a republican woman a tw word. >> the last thing you're allowed to be in america is a conservative women. >> if if you're a far left democrat and they use your first name that's offensive and sexism must be stopped even if it's the president of the united states. >> you can always call me dana. >> and you can always call me megyn. when a black college professor said white male students were a problem, all about the white men, her bosses

said that was her right but that's not what they are saying now. we'll have a fair and balanced debate on it. as hundreds gather in washington to honor the police officers that made the ultimate sacrifice, the baltimore mayor touched off a controversy. what she said next.

we need coffee. got it right here. cups? 12 ounce, 8 ounce, recyclable... creamers? sweeteners? stirrers? filters? 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.

let's take a look at your credit. >>i know i have a 786 fico score, thanks to all the tools and help on experian.com. so how are we going to sweeten this deal? floor mats... clear coats... >>you're getting warmer...

leather seats... >>and this... my wife bought me that. get your credit swagger on. become a member of experian credit tracker and find out your fico score powered by experian. fico scores are used in 90% of credit decisions. breaking tonight, new pictures from the national law enforcement officers memorial in washington. look at this. a candle light vigil for the 273 u.s. law enforcement officers that died in the line of duty this year this year alone. this comes as the mayor of baltimore, stephanie rollings blake defended her leadership during the baltimore riots by saying quote, well nobody died. bernie is a former new york city commissioner. nobody died bernie, that's true. mr. commissioner, i don't want

you to think i'm a sexist pig. 130 police officers were hurt many sent to the hospital. >> the mayor had an obligation she has a duty to protect the citizens of baltimore that includes their property thety. 130 cops that were injured. she told them to give them distance give the protesters distance and they basically destroyed a part of baltimore. i don't know how much worse it could have gotten. it could have gotten a lot better if she would have done her job. >> that's what she's saying it could have got worse, people could have died and seems to be pointing to ferguson saying that it was much worse there. she basically talked about the militarization of the police force elsewhere. >> she didn't let the cops do their job on the first day. she didn't talk to the governor and have the national guard ready when she should have. those cops weren't supported. they feel unsupported. tens of millions of dollars of

damage. people's livelihoods were destroyed. >> 15 building fires were set, 200 businesses were damaged. 144 car fires were set. there were 486 arrests and over 100 cops injured. so her standard is no one died and if you're a baltimore police officer whose physical injury doesn't seem to matter much how are you feeling about working under the mayor? >> that's the way it sounds. she's supposed to be there for them. she's supposed to be there for thecitizens. she wasn't there. she wasn't there to do what she was tacked to do sworn to do and it's horrendous. it could have gotten better. it could have been better to do your job on day one. >> this is the same mayor that invited the department of justice to come in and exam how racist her department is. just tell us how racist we are, that would help us out and even though we're minority minority

police force and now it's like i know people had shattered bones in the police department but you're alive. so be grateful. i mean the callousness as we watch what cops are up against. >> i was going to say, when you watch the memorial you watch what is going on in d.c. today. you need political leadership in this country, not like this mayor. you need political leadership that will support the men and women of law enforcement, give them the benefit of the doubt when there is a problem, going to give them the resources and equipment they need to do their job and going to give them more cops when they need cops like de blasio has given in this city. if bratten needs more cops in new york he needs more cops. nobody knows better than he does. >> good to see you. >> thank you. well there are new developments with the report the white house is not being honest about the raid that killed osama bin lad and a college professor

sparking controversy as she describes white college males as a problem population and that was just the start. that debate is next. (dog) mmm, this beneful healthy weight is so good... i mean how can this be low- calorie? how is that even possible? an' i feel good... lean, strong... ...ah...you're gonna find out just how strong when we wrestle. look at you, you have no idea what's coming. come on...

...make your move. (vo) beneful healthy weight, a delicious, low-calorie meal your dog will love. with wholesome rice, real chicken, and accents of vegetables and apples. beneful. healthy with a side of happy. [woodworker] i live in the fine details. that's why i run on quickbooks. i use the payments app to accept credit cards... ...and everything autosyncs. those sales prove my sustainable designs are better for the environment and my bottom line. that's how i own it.

unbelievable! toenail fungus? seriously? smash it with jublia! jublia is a prescription medicine proven to treat toenail fungus. use jublia as instructed by your doctor. look at the footwork! most common side effects include ingrown toenail, application site redness, itching, swelling burning or stinging, blisters, and pain. smash it! make the call and ask your doctor if jublia is right for you. new larger size now available.

from the world head quarters of fox news it's the "kelly file" with megyn kelly. a professor at boston university is apologizing under pressure after sending a series of anti white tweets that have gone viral now for days. african american studies and gunrundy

recents messages like this, white college males as a quote problem population. richard fouler is a national sin radio host. thank you for being here. wow, she really doesn't seem to have a high opinion of white college males. the very group she is going to be teaching. it might be a little uncomfortable in the classroom, am i wrong, richard? [ laughter ] >> i could, indeed be uncomfortable in the classroom for her, megyn. i think the whole idea in academics is professor haves tenure and express their first amendment right and she did it and apologized beit it a private institution. i don't see the story here. >> really? imagine if the situation were reversed and a white professor sent out tweets talking about i don't know let's put it the

other way, why is black america so reluctant to identify black college college males as the problem? would she be welcome? >> i bet paula deenan sees the irony. we're taxpayer funding these racist to teach these classes. for him to argue it's about tenure look you should be teaching people about what is good about their race and letting these kids appreciate america. but instead, they create victims. they get white kids in those classes and say hey, young white men, you're the scrooge of the earth and say hey black kids there is a thing called privilege and you're not born with it. and then put it under a head dress and say it's brett thety. she's a racist of the highest order and you know what? i'm shocked that they actually did anything. >> go ahead, richard. >> well first, one, sir, kevin

be b us a private institution and can do whatever they want to do. two, this professor has her first amendment right. she can say whatever she wants to say like a white professor can say whatever -- >> no question she's allowed to say it. >> exactly. is that the issue whether she's allow snd. >> that speech should be protected. >> of course. >> you don't have to convince me it's protected speech of course it. it's a different question when you ask whether an incoming university professor should be allowed to teach a course in sociology or african american studies when she says white men are the problem. >> that's the prorontive -- >> the question is with whether they exercise the right judgement. >> you can make it first amendment and all that. she can say whatever she wants but what the problem is is that there is a ramification if she were a white professor that did

that and a conservative in any way, she would be kicked out and there are many examples of people who have used exercised their first amendment rights and get in trouble like black holds or use of other terms that sound like the "n" word. >> you're in the college setting and you're held to a higher standard because you're supposed to be educating young minds. there is a movement to support her, i stand with her and racism extends to every institution including higher education and calling her tweets racist minimizes the very real effects of racism for people of color. she says racist things about white people and she's called out on them you're a racist. i don't get it. >> here is the thing, i think being, i think throwing around the word racist is throwing around a loaded word. what she was expressing is her

particular opinion how she feels about the white house. >> right. >> whether i agree or don't agree -- >> she sure. >> that's her opinion like a lot of professors at liberty university don't believe gay people should get married. >> you know what -- >> go ahead, kevin. >> you know what is interesting, the there are a lot of white people that helped her get to the position she is and she's trying to throw them away. >> still faces the human race -- >> it's the white people that won't admit the white men are the problem. it's all going to be fine. i got to go because i got ran paul next. great to see you guys good debate. >> good to see you, megyn. >> free speech continues and the killing of osama bin laden and whether the white house is telling the whole truth. vo: today's the day. more and more people with type 2 diabetes are learning about long-acting levemir®. as my diabetes changed it got harder to control my blood sugar. today, i'm asking about levemir®. vo: levemir® is an injectable insulin

that can give you blood sugar control for up to 24 hours. and levemir® helps lower your a1c. levemir® lasts 42 days without refrigeration. that's 50% longer than lantus® which lasts 28 days. levemir® comes in flextouch® the latest in insulin pen technology from novo nordisk. levemir® is a long-acting insulin used to control high blood sugar in adults and children with diabetes and is not recommended to treat diabetic ketoacidosis. do not use levemir® if you are allergic to any of its ingredients. the most common side effect is low blood sugar which may cause symptoms such as sweating, shakiness, confusion, and headache. severe low blood sugar can be serious and life-threatening. ask your doctor about alcohol use, operating machinery, or driving. other possible side effects include injection site reactions. tell your doctor about all medicines you take and all of your medical conditions. check your blood sugar. your insulin dose should not be changed without asking your doctor. get medical help right away if you have trouble breathing, sweating, extreme drowsiness

swelling of your face, tongue, or throat, dizziness, or confusion. today's the day to ask about levemir® flextouch®. covered by most health insurance and medicare plans. . .

doers. they don't worry if something's possible. they just do it. at sears optical, we're committed to bringing them eyewear that works as hard as they do. right now, save up to $200 on eyeglasses. quality eyewear for doers. sears optical i apologize, this guy looks like his head is about to explode so let him talk. >> i saw your interview with megyn kelly and she asked you a question about iraq and afghanistan. >> iraq. >> iraq i'm sorry. you asked or said i think yesterday that i don't want to answer hypotheticals. don't you think running for president is hypothetical when you say if i run for president dot, dot, dot. >> rewriting history is hypothetical. she said knowing what we know now, what would you have done?

whatever i heard was translated knowing what you knew then what would you do? i answered it honestly and the way i will answer all the time, which is that there were mistakes made but based on the information we had, it was the right decision and same decision people on the left and right agreed with. >> that was jeb bush and in a "kelly file" viewer at anreno nevada. he said he misheard our question on iraq and been trying to set the record straight ever since while also defending his brother the former president. earlier i spoke with ran paul about that and much more. senator, good to see you tonight. so let's just start quickly with the question that i asked him and i think for you it will be relatively easy given your earlier positions knowing what we know now, would you authorize the invasion into iraq? >> no i think the invasion of

iraq was a mistake and i thought it was a mistake at the time and i think it's a mistake for a reason that i think is consistent with a lot of other things that have gone wrong in the middle east. when we toppled secular strong men and dictators, we got chaos. iraq is like a vas l state for iran and iranian troops in iraq iran is much stronger now with hussain good. so i think really the objective evidence on the ground shows that toppling hussain made us less safe as a country and the same as hilary's war in libya. toppling goaddafi made it less safe. >> they said the united states made them better with dictators in place but hindsight is 20/20 and for you to say it was a mistake at the time and would have advocate add different decision at the time is a difference between you and jeb

bush and chris christie that says he believes jeb bush made the best decision he could at the time. do you disagree with that? >> i think it's been a consistent mistake and if we don't learn from history, we're making another error and will continue to make errors. yes, i think it was a mistake because i think hussain was a counter balance to iran and even at the time even if he did have weapons, he had used weapons on his neighbors pref ss previously. he used chemical weapons on his neighbors. i don't think anybody thought hussain was a good guy but seen as a counter balance to the another nation that's a treat to us in the region and to potentially a threat to us here in iran and i think really not just in hindsight but in looking forward at the time they should have realized by toppling hussain, they would have made iran stronger and more of a threat. >> how can you say that because you were the one who was out there in 2007 saying you didn't perceive iran as a threat. so how is george w bush back in

2003 supposed to say let's not invade iraq because iran is too much of a threat and it will eliminate the counter balance? >> right, i think iran is definitely more of a threat so they have become more of a threat in the last seven years and i think i've never really indicated that they were of no threat but i think that they were never a direct threat to us seven or eight years ago where as now i think they are a direct threat to the country. >> you're saying george w. bush should have foreseen they were a threat and they are a threat again in 2015? >> i would say they were a threat to the instability of the region and a threat to destabilize the region back then and have been for a long time. so i think the there is a difference or a threat to the neighbors and a direct threat to us. >> let's get back to broader foreign policy because when i had the following exchange with jeb bush quite frankly, you were one of the first people i thought of in terms of the likely reaction.

let me play it for the audience. do you see the world as he does? do you see the so-called bush doctrine. do you subscribe to it? >> our foreign policy ought to be grounded in not just the export of our own values or nation building those are good sentiments but first and foremost insecurity and peace. and i think what we've seen under this president is as we pulled back we're creating an incredibly insecure world. >> do you agree that nation building and exporting values are good sentiments on foreign policy? >> the interesting thing is jeb and these comments disagrees with his brother. when george w. ran in 2000 he said nation building was a mistake and i think his views changed after 9/11 but i think there is a lot of evidence that we are not very good at creating nations and that when we try to create nations by toppling governments, that really the opposite has happened. >> how about the patriot act

because you are reportedly getting ready, perhaps to engage in another long speech of sorts in the senate. that's what i've heard on the patriot act and self liberties and our productions. this has been an on going issue since edward snowden revealed what he revealed and i know you defended him to some extent and yet the director of national intelligence said he endangered us and cost us greatly in national security and endangered american troops. what is the point, what are you about to do in how you respond to those who say your position engangdangers security? >> the greatest thing is when the director of national intelligence lied to us because you need to have trust in your intelligence officers. they have such great power. the intelligence community could do horrific things to invade our privacy and most of the time

they don't. when they lie to us we lose trust. >> which he clear did -- in your defense, he did on camera and said not wittingly but did it. then he came out and said snowden caused massive historic damage. even though he might be kicked off snowden. we don't want massive security damage to the united states. >> right. what i would say is i think you can catch terrorists using the constitution you don't give up on the bill of rights to catch terrorists. sometimes our blanket has taken our eye off the prize. and we investigated and we've been radicalized. going after him. we knew about him. we had arrested him previously and we had probable cause. if i were the judge in both of

the cases, i would have said yes, here is a warrant, search all the records and that if you come back to me and say they called five people that are suspicious i would have given you five more warrants. i would go as deep as it takes with the want to get information instead of scooping everything up i would go as deep as it takes into the haystack but call a judge first so we protect our civil liberties and bill of rights. >> that is the guy that went to texas and tried to execute the people holding the free speech event. where are you on that? purely about free speech or were they behaving provocatively or inappropriately? >> the first amendment is about protecting speech we find unacceptable. if i say i love megyn kelly, she's a great journalist. that's easy to accept but if i say something really terrible that's harder to accept and there are despicable things said and that's the harsh hang wage you have to accept. however, if i were their parent

or priest or friend i would advice you not to trash other people's religion doing it isn't good for peace and things but i would defend the right to say so if they want to say on knox shows on knox shows things. >> coming up a new twist in this week's controversial report about a the raid that killed osama bin laden and whether we know what really happened. stay tuned for this. really happened. stay tuned for this. real cheese people know good things come in threes. new sargento balanced breaks are a trio, a triad, a trilogy of goodness. natural cheese, dried fruit, and nuts. three wholesome ingredients that live as one. savory, salty, sweet a triangle, perfectly balanced. three is company the musketeers. and in the eyes of real cheese people never, ever a crowd. new sargento balanced breaks.

we're real cheese people. ♪ ♪ ♪ ♪ the ones with the guts to stand apart - join a league all their own. ♪

there is an ancient rhythm... [♪] that flows through all things... through rocky spires... [♪] and ocean's swell...

[♪] the endless... stillness of green... [♪] and in the restless depths of human hearts... [♪] the voice of the wild within. a new report tonight challenging the obama administration's account of how the hunt for osama bin laden actually played out. trace gallagher live in our west coast newsroom with this story. trace? >> megyn, he was ridiculed by the white house, u.s. intel

authorities and the navy s.e.a.l. who actually killed bin laden. investigative reporter seymour, claims the white house lied about pakistan's involvement in finding and killing bin laden. the white house says u.s. intel got bin laden's location by tracking couriers who handled his operational orders to al qaeda. seymour says the information on ubl's whereabouts came from a former pakistani intel agent who walked into the u.s. embassy in pakistan offering to tell the cia where to find bin laden for the $25 million reward. nbc seemed to support that writing, "two intelligence sources tell nbc news the year before the u.s. raid that killed osama bin laden a walk-in asset from pakistani intelligence told the cia where the most-wanted man in the world was hiding." but then nbc walked it back with an editor's note that reads more like a correction saying,

"sources say that while the asset provided information vital to the hunt for bin laden, he was not the source of his whereabouts." seymour thinks nbc got some pressure from the administration or as he says got leaned on. a "the new york times" reporter has also supported the reporting saying it tracks with her research about who told the cia where ubl was hiding but she says she hasn't published her information because she habit confirmed it in the united states. even with nbc backing off and gall not publishing it it appears white house version could have a few holes. megyn? >> trace, thanks. we'll be right back. first, coming up on "hannity." >> problem with president obama is he treats the bible the same way he does the constitution. he disregards the portions he doesn't like. yes! one phillips' colon health probiotic cap each day helps defend against these occasional digestive issues... with 3 types of good bacteria. live the regular life. phillips'

we live in a pick and choose world choose choose choose. but at bedtime? ...why settle for this? enter sleep number... don't miss the memorial day special edition mattress with sleepiq technology. sleepiq tells you how well you slept and what adjustments you can make. you like the bed soft. he's more hardcore. so your sleep goes from good to great to wow! now we can all choose amazing sleep, only at a sleep number store. save $500 on the memorial day special edition mattress with sleepiq technology. know better sleep with sleep number.

who does this kinda thing online? i-i-i clicked on some links, ugh the kids weren't even home. wait, wait, wait, this changes everything. it's cars.com service & repair feature. so we'll never pay more than we should. well done. research, price, find. get the right service without all the drama. we all enter this world with a shout and we see no reason to stop. so cvs health is creating industry-leading programs and tools that help people stay on medicines as their doctors prescribed. it could help save tens of thousands of lives every year. and that would be something worth shouting about. cvs health, because health is everything. the real question that needs to be asked is "what is it that we can do that is impactful?" what the cloud enables is computing to empower cancer researchers. it used to take two weeks to sequence and analyze a genome;

with the microsoft cloud we can analyze 100 per day. whatever i can do to help compute a cure for cancer, that's what i'd like to do. so we're getting a lot of tweets in reaction to our show tonight. follow me on twitter @megynkelly for f you want to join the conversation or facebook.com/thekellyfile. one, rand paul's hair. we get more tweets about rand paul's hair. you know, it looks like -- now that we have the actual video of rand paul. like he's -- like he's listening to this right now. look how well he took it. looks like it always looks.

and bernie kerrick's informal attire. he we did him a favor. he was out to dinner. he was booked late today. don't make fun of hair or jackets. we appreciate our guests giving us their time. tomorrow night, charles krauthammer, laura ingraham and brian killmead. see you then. tonight, after years of out of control partying, chaos, crime, and now even rape, panama city beach, florida, finally votes to clean up spring break. we will break down these new developments. and hillary is hiding from the media. >> talk later. thank you, all. >> it's now been 22 days since clinton has fielded a question from the press. 2016 gop presidential candidate carly fiorina, she's here tonight with reaction. plus president obama lectures christians yet again. >> what's a defining issue?