give you a black eye, but -- thank you for watching us. megyn is next. please always remember the spin stops here. we're definitely looking out for you. there is breaking news in baltimore. where on the same day obama administration officials met with the mayor, charm city appears to be turning into the wild west. nearly two dozen people shot over the last 24 hours. and sources inside the baltimore pd telling the "kelly file" this is not getting better any time soon. welcome to "the kelly file," everyone i'm megyn kelly. we have three major developments on the mess in baltimore. the head of the doj civil rights division making some controversial remarks involving cops and a history of racism. the baltimore prosecutor seeing her case against three of the officers begin to crumble is now changing her story and all in a

city where crime is now exploding. in the last month since charges were filed against six police officers for the death of a 25-year-old black man, freddie gray homicides in baltimore have spiked 40% compared to the same period last year. non-fatal shootings are up 60%. the western district of the city where the riots took place has seen 22 homicides in just the last 4 months. that's more than the entirety of last year. and just today, five more people were shot in a broad daylight gun battle ranging over a half mile down residential streets. all of this happens and arrests are now down by 32%. and police reps say the rank and file feel alienated by this prosecutor and they're concerned about doing their jobs. mark is a fox news contributor and former lapd homicide detective. it's good to see you. so the mayor comes out an says --

>> thank you. >> -- no this isn't the case. the cops aren't holding back. and the police officially came out and said no they're not. and yet these numbers seem to tell a different story. >> well megyn, they're not holding back. what they're doing is being very cautious about following all the rules. they know that nobody's got their back in the city government. their own police chief is going to throw them under the bus. they're doing everything by the books. making no proactive stops. not getting out shaking people down wondering what people are doing, searching people, looking for guns drugs. they're basically answering the calls to service making sure nobody gets killed and taking care of their fellow officers. they're going to get a police department that answers a cat in a tree call and that's it. >> we have a police department that does not believe its commissioner has stood by it.

we heard it directly from the cops. the mayor threw them under the bus. the mayor invited the doj to come and investigate an alleged presence of discrimination and racism. the doj was only too happy to do it. we'll talk in our next block about what the doj said about baltimore cops today. and on top of all that the naacp steps in to stoke the fires and in an editorial in the "baltimore sun" today they outline how they believe the naacp accused the cops of being quote, borderline racists. let me show you the viewers and you, mark what the naacp writes. "we were disturbed by your use of language describing these frustrated young citizens as a lynch mob. you decided to defend those six officers by all but attacking d.a. marilyn mosby. young african-american mother of two. it bothers us greatly to have the integrity of these strong african-american female leaders questioned by someone who is pushing a personal agenda in the face of clear injustice."

this is the cop representative they say is doing that. "regardless of the possible irreparable harm it may have on our city." so the cop rep should not fight back because the mayor and the d.a. are african-american females. >> well megyn, when you look at this mosby made a statement that this is our time when she indicted those six officers. she drew a line in the sand and she drew a wedge between the police the city government and her office that you're never going to repair. they're not going to be able to go back on this and the police are going to simply do what the police do. they're going to take care of their own. they're going to take care of those good citizens that are in trouble, and you can't do anything but what you don't see. if you're not there to see it you're not there to see it. and there is no city official that can control an officer and his partner when they get in that car. when they get in that car, the world is theirs. what they decide to do and what they decide not to do is up to

them. not their sergeant lieutenant, their chief, the mayor or the city councilman. >> they now need to worry, potentially, about making a mistake and getting charged with false arrests, false imprisonment and the loss of their freedom. how -- how does this end? because we're already hearing from some of our baltimore police officers sources that they're looking to leave this police force. >> well that's what's going to happen. the only people you're going to have left are the people that are either going to do nothing and just agree with the administration or they're going to leave the department. officers are going to actually find better places to go that actually have respect for them and actually back them when they actually do lawful arrests and make you know lawful -- actually do their job. but megyn, you have to see what's going on here. you have two dynamics. you have the city administration

and every government official in baltimore trying to get police scalps. they're not throwing them under the bus. they're trying to get scalps. now, while that's going on all the gang members, all the drug dealers, all the criminals, all the wannabes it's vacation. they know they'll be able to take advantage of the police not wanting to be in the area because they are the target of these gang members and all these drug dealers. so they're also the target of their own administration. so they're going to pull back. they're going to do their job. and they're going to stay out of trouble. >> wow. meantime the -- you know this d.a. she sits down with "vogue" magazine for a profile interview while the city is awash in homicides that she should be pursuing. mark thank you. we are also getting new video today of some of freddie gray's final moments. it shows one of the many stops made while he was in the back of that police van. and it comes as we hear a significant change in the prosecution's theory of this

case against the cops. recall at first the d.a. marilyn mosby said the cops charged with false arrest had claimed that freddie gray was carrying an illegal knife. she came out and stated publicly that knife was not illegal, and she was charging those cops with false arrest and false imprisonment. faced then with demands by defense attorneys that she produced freddie's knife which they said in fact was illegal, she has suddenly done an about-face. miss mosby is now claiming her case against the arresting officers has nothing to do with the knife found on freddie gray and everything to do with what they call the, quote, fact, that freddie was arrested before the knife was found and examined. mr. brown is a civil rights attorney mark eiglarsh a former prosecutor. they were out there jumping up and down saying give us the knife, let us inspect the knife, the knife is illegal, the arrest was valid. and now she comes out and says knife, i don't -- knife?

knife has nothing to do with it mark. >> yeah. further reasons why i feel she's being intellectually dishonest with all of us. today was apparently a rally called hold police accountable rally. i say let's hold this prosecutor accountable and let's have a rally because she's arresting officers for, at worst, making a mistake. see, if it's not about the knife, it's about them putting handcuffs on prematurely and rushing to judgment. that happens every single day, every street. megyn, there's the fruit of the poisonous tree doctrine. we first year law students learn about it. back in 120920 the supreme court addressed it. it's suppressed thrown out of court, everybody goes on. nowhere does the supreme court say strip the officers of their liberty and leave them on the street. it doesn't happen. >> what about it? she's the one who mentioned the knife and its alleged legality when she announced the charges

against the cops. now, oh mark's gone. now that they say produce it, let us see it we think it was illegal. she says what knife? i was just talking about the chase prior to them finding that knife. >> megyn, the defense assertion that this is all about the knife and whether it's legal or illegal is nothing more than good old-fashioned slight of the hand. look over here at the knife, not freddie gray's eded eded neck by 80% -- >> we're talking about the false imprisonment. >> the charges aren't about the knife. >> agree. that's a strawman. let's not talk about that. we're talking about false arrest and false imprisonment which has to do whether the arrest in the first instance was valid or not or based on probable cause or not. >> chuteabsolutely. the initial fact relied upon for the arrest which is looking at the officers according to their reports and then fleeing are the basis for the arrest. the knife -- >> no no no.

>> -- was found after. >> andell you know better. >> go ahead. >> yeah. i want you to ask andell and let him be honest here how many times have you seen officers who make an arrest short of probable cause ever get stripped of their liberty and thrown into jail for that mistake? be honest. how many times have you seen that in your law practice in never. >> mark what i'd like to ask you, be honest about the fact these people are not arrested for making a mistake. they're arrested for their choice to leave freddie gray begging for medical attention in the back of that van. >> we're talking about -- that's a different element of the charge. no, we're got doing that tonight. >> you can't pick and choose. >> no, we can debate that another night. >> get back on track. >> tonight we're talking about false imprisonment false arrest. andell as you well know this is outlined tonight, police are allowed to briefly detain a person based on reasonable suspicion. >> absolutely. >> if they see him fleeing in a high-crime area. and that's exactly what everyone

says happened in this case. everyone on both sides. so they were allowed to detain freddie gray and allowed to put him in handcuffs and awellowed to search him. they were allowed to arrest him. it has very much to do with whether the knife was illegal or not. >> if we want to focus on only the knife and none of the other charges, fine but the case out of chicago said an officer can stop someone in a high-crime area for fleeing but that case is easily distinguishable from what we have here. in that case the person fleeing had a bag in their hand. in a high-crime area such as the one in baltimore where freddie gray was, people know that the stash boy takes off and runs and the officers have to stop them from trying to get rid of evidence. that is nothere. that stop was illegal. anything after it as mark said is fruit of the poisonous tree. the arrest was illegal. it started wrong and ended up with freddie gray dead.

>> i can'tdon't know guys. the false arrest charge and false imprisonment charge are falling apart. that's my legal opinion. i'll steal the last word. thank you both for being here. also joining us on the packed show tonight, donald trump, dana perino and michelle malkin on why she thinks the head of the doj civil rights division just poured new gasoline on the trouble in baltimore, ferguson and beyond. wait until you hear what she says. plus michelle will weigh in on the recent remarks on race from first lady michelle obama. there's another thing i want to talk to you about, the first lady gave a controversial speech last week at university. you wrote a column rejecting it outright. why?

(dog) mmmm. we've been together since 2012. dinner is absolutely our favorite time together. i do notice that sometimes i eat better than her. i get my healthy bowl of beneful, and she eats a cheese stick and a cracker. that's what she ate last night. cheese stick and a cracker. can you believe what some people put in their bodies? (vo) beneful original is a healthy blend...

...your dog will love. with whole grains real beef and accents of vegetables. beneful. healthy with a side of happy.

developing tonight, the head of the civil rights division at the doj is suggesting we shouldn't be surprised at the rioting we saw in baltimore or in ferguson. and here's why. gupta saying in a speech yesterday the looting, mayhem and violence is based on a mistrust of cops. that stems from said cops' predecessors enforcement of slavery and jim crow laws. earlier i discussed this with internet entrepreneur michelle malkin who is author of the new book "who built that?" michelle so great to see you. >> you, too. >> what a pleasure. >> so glad to be with you,

megyn. >> let's start with this assistant attorney general gupta who worked with the aclu, naacp legal defense, headed up the racial justice program and perfect choice to help run the civil rights division and she says we shouldn't be surprised cops are acting like this people are against them because of slavery and jim crow. >> this woman is emblematic of the radical transformation that's taken place at the department of justice under eric holder and now under lor rhett ka loretta lynch. we have a nickname for radical advocates like this on twitter. sjws. social justice warriors. who have no pretense of being futureneutral arbiters of the law. they have one filter one filter only. race race race. to invoke jim crow is pouring gasoline on a fire that has been raging for decades. >> and really what she's saying at base is the cops are bad

because they enforce the law as it was written by politicians. >> it is so poisonous, not only does it continue to put our law law enforcement officers of all colors in danger, but it also stokes this racial resentment and division and it takes off the hook all of these cop-bashing demagogues whether it's hollywood, academia i mean we just had this incident at marquette yust whereuniversity what were they doing? dayfying a cop killer. this is the climate in which ideologues ideologues progressive ideologues like barack obama and ivy league warriors like gupta have been marinated in. it's ex-teemtremely dangerous. she did pay lip service to some of the cops who have died over the last year but it was so o establish obligatory. >> i want to talk about the

first lady who came out and gave a controversial speech last week at tuskegee university talking about her experiences as an african-american woman and what she perceives as her own victimization in this regard. you wrote a column rejecting it outright. why? >> well because it's based on a lie for one thing. in fact, much of the language she used at tuskegee she used in a "people" magazine interview late last year where she was trying to identify with the struggle. okay? and this was post-ferguson. obviously it's very calculated the statements that the first lady makes. and this bitter half politics i've called her the bitter half ever since they came into office she's a master of this kind of social agitation. and so she harkined to an incident where she was treated in a racially discriminatory way at department stores. so she gave the same story at tuskegee and of course it turns out i debunked it last fall that was a complete lie. she said that somebody asked her

for help reaching something -- reaching for something high on the shelf. she's 5'11". >> she later came out and suggested that was because she was a black woman and assumed she worked there. where she's already on record months earlier saying it's because i was tall and she was short. >> right. when she related the story on letterman on the couch, she had a big smile on her face, said it felt so good to be a normal person, you know michelle obama, she's just like you. and now she's turned it into this poisonous anecdote about how the vestiges of racial discrimination, sounds just like gupta. harkening to this old era where we can all blame this illusion of systemic discrimination rather than have this woman thank her lucky stars. >> we are seeing more and more a culture of victimization in this country, michelle. i call it cupcake nation. that's what we're turning into it it. there was an update in the university of michigan case where they canceled the screening of "american sniper"

then the football coach jim harbaugh said we're screening it too bad, we're going to show it i'm a patriot. he came out and said we're proud to be an american if that offends anyone, so be it. now he's meeting with the husbandmuslim students at university of michigan because they didn't feel safe and don't like what he said. >> i call this the oberlin-izatio of america. the mayor there was a classmate of mine. of course we heard that language. which has been used for decades now in these ivory towers of safe space. that somehow young generations of americans should be protected from speech with which they disagree. and you can see how this has -- you can see -- you can connect the dots between that and between the festering, like you said culture of victimhood that's going on because, of course it whitewashes the true root causes of the problems in these urban communities.

plus it just takes away people's sense of empowerment. >> that's how we get out of these situations whether we're discriminated against because we're women, minorityies, whatever it is it takes away your power to send the message you're a victim and will remain a victim unless the man gets his foot off of your neck. >> yeah. that's right. that is exactly why i wrote "who built that" because think if particular what i'm trying to deliver is a message to young people about the promise of social mobility in this country. and in fact the idea of social mobility is anathema to the left. these are the people who preach the government dependency. they want to keep people down. i think in a lot of times free market conserveatives haven't done a good job of doing outreach. you don't have to become al sharpton hustlers and stoke this hatred. we have this shared -- we have a shared principle. and a shared interest in making

sure that we can lift people up. that it's a message of optimism and individualism. not this kind of dark dank collectivism that keeps people down. you know there's something called crab in the bucket syndrome. you see it in inner cities and minority communities where when somebody tries to get out, what is the impulse? all the crabs want to drag everyone down. and that's what i think we need to reject and that's why i wrote the book. >> good luck with the book. "who built that" by michelle malkin. check it out. breaking tonight. two years after spending nearly 13 hours on the senate floor, senator rand paul is at it again. heading into hour 8:00 of a news-making filibuster sort of. chris is here in moments with that. plus big news on the race for the white house. wait until you hear what we know now. plus the white house getting hammered over the fall of ramadi and the administration's strategy for fighting the islamic state terror army. dana perino is next. on what is being called their

tone deaf response. introducing the kelley blue book price advisor. the powerful tool that shows you what should pay. it gives you a fair purchase price that's based on what others recently paid for the same new car and kelley blue book's trusted pricing expertise. kbb.com [ man ] used to be pain kept me in bed all day. [ man #2 ] finally i said enough's enough. [ woman ] i'm nourishing my body from the inside out. [ man #2 ] with things found in nature, not made in a lab. [ male announcer ] introducing the nutribullet rx. fact. advil is not only strong it's gentle on your body too. no wonder doctors and patients have trusted advil... for their tough pains for over 30 years. relief doesn't get any better than this. advil.

my school reunion. i don't know. who wants to play in idaho? gotta get milwaukee up to speed. we win in flint, we take the lead. we'll close the deal if we just show... when it's go, go to the new choicehotels.com. the site with the right room, rewards and savings up to 20% when you book direct. choicehotels.com ♪ (music throughout) ♪ sfx: (smash) sfx: (roar) ♪ sfx: (roar) sfx: (engine roars)

why does it seem like there's this cloud of corruption that follows her, you know between the e-mails and the clinton foundation. this report. tomorrow may be another one. >> maybe it just only follows her around your network? >> oh bill. that was former obama white house deputy press secretary bill burton last night denying corruption by hillary clinton and dismissing her many scandals as inventions of fox news. really? robert zimmerman is a political analyst and democratic national committeeman. committeeman. thank you for being here. >> great to be with you. >> that one's not going to fly. >> well here i am as the voice of reason. i have to tell you, you're both wrong. first of all, these stories are not an invention of fox news other media cover it so be it. there's not a cloud of corruption following the clintons at all. i mean obviously you're going

to have political pundits who accept about this people who think elvis is alive and donald trump. then you get people are real lives and they look at issues that impact their lives. the real truth of the matter is megyn, stories like this either live or die in the facts. the reason the clinton cashbook collapsed in terms of a news story is because amazon just had to reissue the book on kindle, what they termed to be major revisions because of the falsehoods and inaccuracies in that book. >> that was picked up by "the new york times" and "washington post." >> sure. >> and fox news. we've done our own reporting on that. the olallegations have not collapsed. it was a circumstantial case and the circumstantial case still stands. hillary clinton has not spoken to it at all. >> but even the "wall street journal" acknowledged it they did their own investigation four months ago that there was no example of any corporation getting favors by giving to --dy giving to the foundation. >> there's no smoking gun. that's different from there's no case to be made. the only point i was trying to

say, raise with bill is that you know like ron fournier has been saying she's sort of got this on her because this is how she lives. this is who she surrounds herself with. shady characters from the sidney blumenthal thing that broke yesterday. i know you're a friend. the blumenthal thing, e-mail scandal and servers, to the clinton cash thing to you know, benghazi if you want to go back further, you could. people say, should i be trusting this person? >> even in benghazi there were ten congressional committees 21 congressional hearings. an investigation -- i think five independent bipartisan hearings. and i believe right now this investigation's run longer than iran than iran contra did. 9/11 did. the kennedy assassination. and every conclusion every investigation has the same conclusion. it was a tragedy, not a scandal. >> is it one of -- >> that's why it's not resonating with the public. >> the e-mail scandal is resonate resonating. the honest and trustworthy polls put her, do you say she's honest

and trustworthy? 54% say no. 38% say yes according to the latest quinnipiac poll. >> gallup's poll that came out this past week said she weathered the storm on this controversy and the most recent pew poll -- in fairness to her point, her numbers are down. she still has 77% approval rating amongst democrats. the reality is once you become a candidate, you face the political warfare and battle. that's what we're witnessing. >> i wish she would face it. she needs to face it. she's putting the face the other way. >> 21 months to go. plenty of time. >> i hope you're right. good to see you. >> good to be with you. >> thank you. two years after spending 13 hours on the senate floor senator rand paul is at it again. next the new showdown. plus we have breaking news in the presidential race. plus as we watch the terrorists take over a city where american soldiers were dying not long ago, the white house sounded awfully dismissive of the loss yesterday. dana perino weighs in on ramadi may be a game changer. and donald trump is here to respond to robert -- no.

to tell us would do if he were in charge. >> we're losing it so badly. they're cutting off the heads of every chris chntian they can find and other people. >> what would you do differently? the latest choice for frequent heartburn. get complete protection. nexium level protection.

right now, verizon is offering unlimited talk and text. plus 10 gigs of shareable data. yeah, 10 gigantic gigs. for $80 a month. and $15 per line. more data than ever. for more of what you want. on the network that's #1 in speed, call, data, and reliability. so you never have to settle.

$80 a month. for 10 gigs. and $15 per line. stop by or visit us online. and save without settling. only on verizon. bring us your aching and sleep deprived. bring us those who want to feel well rested. aleve pm. the only one to combine a safe sleep aid... plus the 12 hour pain relieving strength of aleve. be a morning person again with aleve pm. ♪ 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. ♪ ♪ breaking tonight. senator rand paul still holding the senate floor where he's been standing since 1:18 p.m. today. mr. paul staging a sort of filibuster against the nsa surveillance programs which he says violate our civil liberties. others say they protect our safety. chris is our fox news digital politics editor so what exactly is the point of this because the vote is not coming up and it's nos not a filibuster. >> he's trying to break the senate calendar. if he can stay going people coming in to volunteer to help him so he can take a break. if he can stay going long enough he'll blow up the calendar and have to shuffle votes around to

give him another procedural opportunity to attack this legislation. if he can hold out, i don't know if he's going to make it to the 1st of june but if he can make it into tomorrow midday tomorrow, he can break the calendar and they can have another opportunity to start again. >> the house has basically done what he wants. the house has taken out the nsa's fire power. the senate mcconnell said, huh-uh that will endanger the people i don't want that. >> closer to what the president wants and democrats want but look these issues for libertarian-minded republicans and a lot of republicans, they want more checks. they want more fourth amendment juice in there. >> are they going it get them? >> they may get some concessions. he may push his weight through to get something that's a little more palatable for those conservative republicans. >> doesn't hurt his presidential chances to be dominating the senate floor. >> no. >> speaking of -- >> might be okay. >> -- the presidential race fox news has breaking news that is very important to this contest. tell us what it is. >> yeah well we're getting ready to go into the main event

on the 6th of august in cleveland, ohio. somebody maybe you, and brett baer chris wallace will be there grilling and chilling with the ten best ranked according to an average of polls that meet our criteria our standards of excellence those polls at that time will be on stage to face your questions and deal with each other and try to sort out what is a have crowded, evenly matched republican field. >> going to be top ten. these republicans have a couple of months to get themselves into the top ten and the top ten will face off with the three of us supported by a very smart team including that guy. that guy right there. thanks chris. >> you bet. the outrage over the fall of ramadi continues among members of our military families of veterans as the administration gets hammered on whether we need a new strategy with the fight against isis. watch here press secretary josh earnest. >> is the president feeling

pressure to re-evaluate or rethink his strategy there? with regards to isil? >> as with any military effort there will be days of progress and periods of setback. the isil efforts to take over ramadi is a setback. but i think this illustrates how important it is for us to maintain some perspective on this. >> is the president frustrated with what's happened in ramadi? >> jim, what i can say, the president is mindful that this is not a short-term proposition. >> would you say overall the strategy has been a success? >> john yeah i mean, i overall -- yes, it doesn't mean there hasn't been areas of setback as we saw in ramadi. i guess the thing is we have so sort of decide what our approach to these issues is going to be. are we going to light our hair on fire every time that there's a setback in the campaign against isil or take very seriously our responsibility to evaluate those areas where we

succeed and evaluate where steps are necessary for us to change our strategy where we sustain setbacks? >> dana perino had that very same job during the bush administration. she's now co-host of "the five" and author of "the new york times" bestseller "and the good news is" number two on "the new york times" bestseller list, was number one. it's a winner that's the bottom line. josh earnest on the other hand might be placed in the loser category for this week with all due respect, josh because that was a little tone deaf. >> i think so for several reasons. one, he's dealing with a bad set of facts and the bad set of facts were handed to him by the president of the united states and the national security council and department of defense. i think that what i would have done that day is say, you know what susan rice this sounds like a great day for you to come up and brief the white house press corps on why this is working, please be why guest and go and tell them because you have so many audiences you're talking to at the same time one of them being the -- imagine a mother of a fallen soledier from

ramadi in 2006 or 2007 and he's saying let's not light our hair on fire. the press is just asking very good questions. the other reason i would be angry if i were josh earnest, ask for better information from the national security council, just four hours after he gave that briefing "the wall street journal" ran with the story that said behind the scenes off the record the white house is rethinking its strategy in iraq. now, that's something that he could have gone to the podium with yesterday to show some sort of a pivot. >> you know what, though, we got to look at the new strategy. here it is. they intend to accelerate the training and equipping of local tribes. they intend to expand recruitment into the iraqi army and they intend to develop a plan to retake ramadi. that's not that easy to sell. >> they've got 20 months left to try to hand over to the next president of the united states whatever sort of iraq or middle east situation they intend to hand over. it is a little late to be thinking about, hmm, what might we think we might want to do going forward? that's exactly what they said

they were going to do last september when isis was starting to grow. now we find out it's taken another ancient city in syria. it is growing. and i think the white house in particular is under the cloud of denial that is being met with the fact that you had 25,000 people fleeing. in addition we have reports there were iraqis, sunnis, tribesmen we say we're going to help and equip, they were begging, screaming for our help and we didn't help them. >> the reports were they were promised reinforcements that never materialized. >> these are our best allies in the region hate isis hate al qaeda, hate iran. we should have been helping. >> somehow or other we provided them with enough equipment they left behind for isis american equipment, dozens of vehicles armored personnel carriers and small handful of artillery pieces. our pentagon is saying we wish they would have destroyed that before they cut and ran. what are we doing over there? >> the other thing is the white house is talking today about

changing their military strategy when something that's totally absent political strategy to allow the iraqis to be better leaders. suggesting is it too late for us to actually turn things around? i hope that -- i hope that isn't true but president obama wanted a body -- the new prime minister in iraq he wanted him in there. he really aught to step up and try to help him. also i ask where is the united nations? every day during the bush administration, they blamed the president bush for anything bad happening anywhere in the world. now it's like they're out having cocktails talking about climate change while basically the world is on fire in the middle east including women and children who are being forced into slavery, raped repeatedly. not just in the middle east this is spreading through nigeria and other places. as you can tell i'm a little exercised about it. i'm frankly embarrassed and ashamed we didn't help them. >> it's not like we didn't see it come. they had the nerve today to downplay it saying isis had already taken 1/3 of ramadi so they claim the second -- >> frankly we know what it's like and what happens when a

white house denies for too long there's a problem in iraq you have to do a surge. we did that but it was only after it had been bad for a long time. the white house is at the bad part right now. >> the gains were reclaimed and given away. dana, great to see you. >> thank you. up next donald trump on his plans for a possible white house run. i will only be surprised if you say you are running. >> really? okay. well that's good. i hope you're going to be there. just stay calm and move as quietly as possible. no sudden movements. google search: bodega beach house.

if you have moderate to severe rheumatoid arthritis like me and you're talking to your rheumatologist about a biologic... this is humira. this is humira helping to relieve my pain and protect my joints from further damage. this is humira giving me new perspective. doctors have been prescribing humira for ten years. humira works for many adults. it targets and helps to block a specific source of inflammation that contributes to ra symptoms. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers including lymphoma have happened, as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure.

before treatment get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. talk to your doctor and visit humira.com this is humira at work [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.

.

donald trump is a question mark in the 2016 race. i spoke with him earlier about his plans. free speech jeb bush and whether you have to be -- [ whistle ] -- to run for president. a bloomberg poll saying 62% of republicans would never consider now your the gop nomination. >> that's because nobody thinks i'm running. they don't think i'm running. it's really a funny thing. as you know i came in like, beat almost everybody in the new hampshire bloomberg poll. the same thing. yet they don't think i'm running. so we'll see what happens. i mean in june i will announce one way or the other, and i think you may be surprised. even you may be surprised. i'll be announces some time in june. >> i'll only be surprised if you say you are running. >> okay. that's good. i hope you're going to be there. >> let's talk about iraq. this has become a question. first of all, did you see the interview we had? how did he handle the iraq question? >> he's a reluctant warrior, doesn't want to be running. i don't know why he's running. he looks unhappy.

he looks like he doesn't want to be there. i watched the interview. the question couldn't have been easier. >> let me put it to you. knowing what we know now, would you have authorized the invasion into iraq? >> as you know you don't have to put it to me because you have the article that said in 2004 i was strongly against ever going in. >> right. >> because i knew iraq and iran as being the same in terms of power. and they'd push one bay, push another way. have their five-year war, stop, take a breather then they'd have their five years where nothing ever happened. we decapitated iraq. now iran is taking over the entire middle east. >> some of the republicans say that is the fault of president obama for pulling out the troops when we had victory, snatched defeat from the jaws of victory. >> the fault of bush for going in fault of obama for getting out. the war should have never happened. once it did happen you should have left the troops in. it's a double fault. >> let's talk about amtrak. after the philadelphia train crash, you started tweeting out about infrastructure saying the

only one to fix the infrastructure of our country is me. talking about how you know how to build things which is obviously true. >> it is true. >> but we were talking on this show about, you know those who are blaming infrastructure as -- what are you talking about? the guy was going twice the speed limit. how do you make this an infrastructure problem? >> that's infrastructure. if they had the right things on the rails, it couldn't have gone more than 50 miles per hour. >> you can't blame the crash on infrastructure. the crash appears to be the fault of the driver. infrastructure may have been able to overcome that. it wasn't the cause. >> regardless of the train. okay the train. the bridges are falling apart. the roads are falling apart. the medians are -- the airports look like hell. the airports i come back from places like qatar, we're doing a tremendous job in dubai. two actually very big jobs in dubai. the airports are unbelievable. we land at laguardia it's third-world country. kennedy, potholes in the runway. lax, los angeles, newark airport. >> takes money. >> we have to have the money. >> obama has been pushing for more money for infrastructure.

the republicans say we don't have it. >> he hasn't pushed the right way. take the money back take the jobs back from china, mexico all these other countries that are absolutely eating our lunch and nobody can do that like i can do it. >> let's talk about free speech because after that pam geller event down in garland where they were attacked and the two would-be jihadis were shot dead by the police force, you also sent out tweets saying why taunt in order to provoke possible death? dumb in that moment. >> i think ann geller is a terrible messenger. i think she's term. we have enough problem without taunting and driving everybody crazy. >> but my question to you is because this turned into a bigger thing, like what do we stand for as americans if not for freedom of speech ability to express yourself this speech in particular which was in defiance, it's like the kacartoon that won the contest had muhammad standing there saying you can't draw me and the person looking up to him saying that's why i draw you. it was about people trying to shut down an american ideal and this group, however unsympathetic they may have

been, saying we reject that attempt. >> they were totally unsympathetic. now, you look at muhammad and some of the positions they have muhammad and some people are going to get extremely upset about it. now, i'm not the only one and i'm not the only conservative republican that feels this way. they're lucky to be alive. why with all the problems we have why taunt? >> what do you make of what we see now? the white house is saying, the administration is saying we're taking care of isis this is a setback in ramadi and the overall strategy is a success. >> it's a total disaster. we're losing it so badly. they're cutting off the heads of every christian they can find and other people. >> what would you do differently? >> be stronger. one thing i'd do different, so they caught the accountant they call him a few days ago. instead of talking about it they should be silent. they're bragging oh, we got him. first, he was a mid-level person. and it was such publicity, we got him, we got him. one person. they should have been quiet and

gone after others that weren't suspected. you know it's very interesting i'm a fan of general douglas macarthur general george patton. they don't talk. they do. >> they don't talk. they do. >> you haven't governed a state or been a lawmaker. >> i do business. i make great deals. i make hundreds of millions against china. all over the world i make money and build great things. talking about building walls, who will build a wall like me on the southern border? >> i build a great company. >> it appears you're gearing up. >> i'm gearing up. we'll see what happens. you may be very surprised. i hope you'll be there. >> you you have to be a little. [ whistling ] to run, don't you. >> i want to make this country great again. we are going down fast and i'm a conservative but i have a big heart. i will take care of people, but a lot of people want me to run, and we'll see what happens. >> great to see you. thank you for being here. >> thank you very much. >> do you have to be a little --

you have to be a little -- to be on tv. we heard the donald blaming the amtrak crash on infrastructure. up next the first report from the ntsb on what they are blaming and dismissing. don't miss it. introducing the first ever gummy multivitamin from centrum. a complete, and tasty new way to support... your energy... immunity... and metabolism like never before. centrum multigummies. see gummies in a whole new light. [ man ] used to be pain kept me in bed all day. [ man #2 ] finally i said enough's enough. [ woman ] i'm nourishing my body from the inside out. [ man #2 ] with things found in nature, not made in a lab. [ male announcer ] introducing the nutribullet rx. ♪ no artificial flavors, colors sweeteners preservatives, and no artificial smiles. because clean dressings, taste better. ♪

from the world headquarters of fox news it's "the kelly file" with megyn kelly. >> i like our new music. new details tonight coming in from the ntsb in their investigation into last week's amtrak derailment in philadelphia. trace gallagher has the latest on the investigation. trace? >> reporter: megyn, this report had two big reveals. first they're focusing on the cell phone. on the day of the crash bostion

did make calls. that's the train's black box. investigators will also call the people he had contact with with to see when those conversations took place. engineers are prohibited from usinging cell phones while operating the train. now the report also mentions interviewing the engineer of a septa train that got struck in the windshield by debris that train stopped on the tracks and the engineer says he saw the amtrak train go by but didn't notice anything unusual. what is unusual is the conductor on the amtrak train told the ntsb she heard the engineer call in and tell controllers that he too, got struck by something on the tracks. the problem is radio transmissions have no record of that conversation. bottom line is the train signals in the airrea were working. the train and the tracks appeared to be fine and the

engineer had worked that stretch many times and yet it was full throttle 106 miles an hour in a 50 metropolitan-mile-per-hour zone and the engineer says he does not remember a thing. megyn? >> thank you. don't go away. put your hand over your heart. is it beating? good! then my nutrition heart health mix is for you. it's a wholesome blend of peanuts, pecans and other delicious nuts specially mixed for people with hearts. i said people with hearts. because hearts health is important. that's why i've researched optimized and packaged this mix just for you. not you. so if you have a heart start optimizing your nutrition with my nutrition. planters. nutrition starts with nut. when you do business everywhere, the challenges of keeping everyone working together can quickly become the only thing you think about. that's where at&t can help. with the tools and the network you

need to make working as one easier than ever. virtually anywhere. leaving you free to focus on what matters most.

( spinning tires ) ♪ he doesn't need your help. until he does. three cylinders, dual overhead cams and 50 horsepower.

go bold. go powerful. go gator. get 3,500 dollars off select gators at a dealer near you. tomorrow night we have charles krauthammer. don't miss that. in the meantime would you like to speak with me directly on

facebook? i will be holding a live chat, a q&a at 3:00 p.m. tomorrow the. so set your calendar. facebook.com/thekellyfile. we'll have a little conversation conversation. you can also follow me on twitter. this is all about-face book. i'll chat with you tomorrow. see you tomorrow 9:00 p.m. tonight an update from the front lines in the fight against isis. >> i'm not going back to the fight to finish. isis has been crippled. >> the united states has conducted an operation that killed osama bin laden. >> and new documents from the bin laden raid reveal the al qaeda leader was obsessed with attacking america again. plus hillary clinton finally comes out of hiding. >> i will put it on my list for due consideration. >> should the press boycott hillary clinton? ed henry is here to respond to his heated exchange with the reclusive presidential candidate. also david limbaugh juan williams.