wish to opine. do not be mordant when writing to the factor. thanks for watching us tonight. miss megyn is next. please remember the spin stops here, we're looking out for you. breaking tonight, new fallout from the m day remarks by president obama, america's commander in chief, celebrates the absence of a major war, while his own top security advisers warrant american people directly that the danger right now is greater than at any time in a half century. welcome to the kelly file everyone i'm megyn kelly. a little more than a year ago, that our director of national intelligence suggested the crisis and threats around the globe are as bad as anything in 50 years, just a couple months ago, the u.s. army chief of staff said the community was the most uncertain he's seen in 40 years. the former cia director argued we are in a terror war that will still be raging when our grandkids are adults.

the president seemed to take a different view. >> this memorial day is especially meaningful. it's the first since our war in afghanistan came to an end. today is the first memorial day in 14 years the united states has not engaged in a major ground war. >> almost immediately, critics started responding including victor davis hanszen who posts a remarkable piece in national review today. first, there is iraq which contrary to the president's pat on the balk hardly seems a cause for celebration. the islamic state terror army is butchering innocence in ramadi. after the iraqi military we trained turned and ran. the city american soldiers died to liberate twigs. we complain about the iraqi's will to fight, the country of eye ran is pounding away with ground troops. they are leading the effort to

recapture ramadi one of the generals leading the battle to defeat isis questioned our will to fight when the white house was asked about all this today they said our strategy is working. roughly 400 miles to the west of ramadi that same terror army is running roughshod over palmyra. historians weeping over what this means for historical ruins. president obama's red line on syria a distant memory. the bad guys behead christians with regularity. washington argues about whether it's appropriate to call these people jihadis and when the terror recruits go gunning for american lives, at a florida event designed to challenge radical islam, the first response is to criticize the organizer s organizers. israel is our one true ally in

this part of the world. they asked for our help getting tough with the terrorists they complain they get lectures from our leaders. the bad guys ran us out of yemen just weeks ago. and now it's a free for all, in a country where al qaeda's worst branch festers. the terrorists are running the show in huge sections of lawless libya, where four americans lost their lives in the benghazi terror attacks. russia reclaims ukraine. north korea is basically the crazy uncle with nuclear weapons in his closet. no one worries about the repercussions of using them because we don't have time. china swallows our economy, a few million at a time while gearing up for an inevitable showdown. we are ilprepared to face. yes, the president is absolutely right, the united states is not engaged in a major ground war, but there is a battle raging and the question tonight is are

we losing? joining me now, our senior political analyst brit hume. good to see you tonight. that's the question. i mean is he off point? >> well we're certainly not winning, if you're engaged in a long war, as winston churchill's experience illustrates, can you go a long time before you start to win. the question is does this president have the kind of commitment that the leaders in world war ii had, which is based upon the premise, this is a war that had to be won. this was an enemy that had to be defeated because the survival of the civilization as we know it was at stake. i don't think this president has that view of the world as he sees it today. certainly not in the middle east. i think he thinks that what isis is up to in the middle east is basically a regional threat. and he's doing what he's doing in a limited way, because he thinks he has to for political reasons, i don't think he's doing it because he thinks that

isis must be defeated for the safety and security of the united states. i don't think he believes that i don't think he believes what vladimir putin has been up to in the ukraine is a direct threat to the united states. and i think that he feels that yes we need to do something to answer china's moves in that part of the world, but nothing that urgent. his heart is not in doing these things. and the result is we are fighting a half hearted tentative war in the middle east and elsewhere. >> how can he not believe that isis is more than a regional threat when those items i picked through -- are -- those are from his people. we're talking about the chairman of the joint chiefs. >> i don't think he agrees with those people. >> they're all wrong? i realize he went to harvard, and president's tend to be arrogant. they think he's all wrong and he's right? >> i think he doesn't want to say that he thinks they're

wrong. his actions speak volumes, his actions are ones to restrain the use of american power in the world. especially above all military power. i think he believes that if we apply our force in the most forceful way, if you will that we're in danger of doing more harm than good. we read now that the targeting against isis has been limited for fear of civilian casualties even into the headquarters town in syria of isis. buzz we're not going to hit the headquarters, there are maybe civilians there, and he's worried about the alienating effect of the application of american power, i think he thinks that that -- in the end will cause more harm than good and it will be worse off because of it. >> he has said that from the beginning, when he talked about how we were going to turn this page when he became president, a different tenor would be said america's standing in the world would be reinstated.

and, you know his comments about how things in the muslim world were going to be improved upon his inauguration. now more and more we get these alarming columns like the one i referenced in national review actually it's the columnist, it's an opinion guy, we're talking about military generals who are out there saying this is now a generational conflict and we're losing right now. >> well that's certainly. that is certainly what a lot of military people think, and, you know the -- he's a creature of his own experience. and his own ideology. and to considerably extend his own party. this is the party that is always the more hesitant to use military force. this is the -- and this is the party of people who saw a president undone by the vietnam war, and this is a party of resistance in the use of military force by and large, and that is what he is about. >> so then you come out and say, we're not doing it we're sick

of it? it's not our battle let them fight it? be clear on that instead, we get nonsense like we're wing and the most extraordinary sound bite from josh ernest today at the white house. i had to listen to myself and reread it three times. listen to the message here okay? we're winning, we have about 1,000 battles that we need to refight. we're winning. watch. >> what's true is that the strategy that the president has deployed has more often than not yielded more important success. there's a lot more important work that needs do get done whether it's ramadi anbar province it's retaking moos you will it's going to be a difficult campaign as well. but we continue to have confidence in the strategy. >> yes. yes. that is going to be difficult. ramadi mosul, anbar province to say nothing of the entire

list, if you want to go through it all, fallujah -- this is on and on. it is going to be a little tough, but we're winning. >> he says that that's what he's paid to say, and i -- look i sympathize with the guy, this is not an easy case to make at this stage. basically, what he's saying if we have a long term strategy that requires patience and the participation of our 60 member nations in the coalition. but when the united states doesn't lead and lead in a big way, and go in big these coalitions end up not doing very much. and this has been true for -- this is true forever in europe. the united states is the entire backbone of the post world war ii western strategy. our military forces many of which are still in europe. we have forces posted all over the world, part of a muscular response. people forget that in excess of

100,000 american troops. this president is not about that this president is about the withdrawal of american military forces wherever possible. this is a president who believes that american military mite is often misapplied and that his definition of success i think is very different from what a lot of military people think, and what a lot of american people associate with that word. >> let me tell what you josh ernest reminded me of today. we just need to win back ramadi and anbar province and mosul, just -- i mean this is what i -- watch, watch, this is the famous clip, you may be familiar with it. >> i don't need anything except this. that's the only thing i need is this. i don't need this or this. just this ashtray.

that's all i need. >> well it could be easier to laugh at that if the situation weren't -- >> i know, but you have to laugh. >> i realize it. the world war is unfolding. we had a lot of laughs. >> it beats crying. >> great to see you. >> all right, megyn, thank you. also developing tonight, the president's executive order on immigration may be dead for the rest of his term. michelle malkin on what that means. plus protests in cleveland after two unarmed suspects are shot by police dozens of times, and the cop facing the most serious charge is acquitted. arthur and mark are here on how that happened. in baltimore, the violence went from bad to worse this weekend. city leaders are running out of options. up next, what our sources are now telling us to expect. >> we can't tolerate this. you know not at my level, not at the community level, not on any level, this level of violence.

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.

we can't tolerate this not at my level, not at the community level, not on any level. >> that was kbalt mother mayor.

reacting to a memorial day weekend that pushed her city into its deadliest month since 12999. there were three dozen shootings in three days at least nine people murdered another couple dozen were injured. the violence comes as police sources suggest they are afraid to do their jobs for fear they could be fired, arrested or vilified by the press. trace gallagher with what our sources are telling us. >> had is baltimore's deadliest month in 16 years, still five days left in may, just over the holiday weekend. 32 were shot nine of them died. it's not just the drug infested side. please be assured that the baltimore police department is moving aggressively to address the increase in violence. baltimore police officers who wish to remain anonymous, police

are not moving aggressively just the opposite, calling it a coordinated slow down not patrolling not being proactive. the commissioner has warned them to end the slowdown or lose their jobs. the street cops don't believe the commissioner supports them saying he's a politician before a police officer. and because they don't have faith in their command protecting them the cops are protecting each other, taking an us against them attitude saying they want to make it through ten hours and go home. residents say that is very apparent. listen. >> they don't come around these guys. you stand and talk. always used to running them. they just drive by. >> remember these are the same police officers who show up at crime scenes and are quickly surrounded by protesters who prevent them from doing their jobs.

if you need more proof that police activity in baltimore is slower consider that not only are homicides up more than 100% this may, compared to last but the baltimore sun now says the number of arrests has dropped by 50%. megan? >> that says it all, trace, thank you. mark fuhrman, a fellow nypd officer. the numbers say no matter what anybody else is saying there is some sort of a slowdown going on you can talk about the reasons. how do they make cops in this environment go out and police more aggressively? >> they're not. cops are the same everywhere. they bleed blue and understand the whole system they don't care what politicians think, what they do or what they say. they know they have no leadership. you start indicting people for doing their job.

they understand the writing on the wall. they're going to go out there and answer the radio, follow the rules, they're going to do what you need to do according to the book and then they're going to go home. because if the people in the community don't care that they're killing their neighbors, their children people standing on the corner really why should they put their life their family's life and why should they be sent to prison trying to get out of the car, chase somebody down an ally get involved in an altercation, have someone surround you and beat you to death. >> here's what the commissioner who does not have the confidence of many of his men and women told cnn why the other day about why cops should. >> remember why you came on to this job. why you put that gun belt on the bath on wear that uniform every single day, for the grandmothers the babies or the little ones. >> well megan, when you listen

to those words, you can tell he's never been on the street and actually done the job, because you don't see the grandmothers and you don't see the babies you don't see the children they're there in the middle of the night, chasing a gang member down the street. there are shots fired, taking guns off people you're in altercations you don't see the good citizens you see the animals on the street. this is what the cops are not engaging because nobody's got their back don't blame them they need to do more of the same if the people in the community are so outraged if black lives matter well their neighbors and the kid on the corner and the gang member next door is killing black lives and they don't care. >> what is going to happen to end this right now the cops are being told you're going to get fired if you don't police more aggressively. they don't want to police more aggressively, they're worried they're going to get thrown in jail. the mayor, her solution was to come out twice and issue the

statement that she's disheartened. what did she do? she called a meeting with the police commissioner who they do not trust. what's going to happen? >> nothing's going to happen megan, because you can't make a police officer see what you want him to see. there's two kinds of police work proactive police work and reactive. proactive police work is self-initiated aggressive hard charging police work where you see a guy who has a gun. you lock eyes you chase him, you might be involved in an altercation or a shooting you stop the crime before it starts. reacting to police work is acting to the radio call you can't fire the cop because he answers the radio call that's his job. you can't tell a cop what to see. you shouldn't say you should have gone out and jacked that guy up and chased him down the ally you can't do that.

>> they're going from bad to worse there, and that police commissioner has a lot of problems within his ranks. always great getting your perspective, thank you. >> thank you. also tonight, anger in cleveland, ohio after two unarmed african-american suspects are shot by police dozens of times. and the cops facing the most serious charges was just acquitted. arthur and mark are here next on that and guess who's now swept in to save the day? a major victory for the parents accused of neglect for letting their grade school children walk down the street.

( 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.

♪ if you're looking for a car that drives you... ...and takes the wheel right from your very hands... ...this isn't that car. the first and only car with direct adaptive steering. ♪

the 328 horsepower q50 from infiniti. when you're not confident your company's data is secure the possibility of a breach can quickly become the only thing you think about. that's where at&t can help. we monitor network traffic worldwide, so we can see things others can't. mitigating risks across your business. leaving you free to focus on what matters most. developing tonight, tensions are high in cleveland, ohio after a white police officer was acquitted over the weekend in a 2012 shooting deaths of two african-americans. the state did not prove beyond a reasonable doubt that officer michael breelow knowingly caused their deaths after a high speed

chase ended with more than 100 shots fired at the suspect's car. joining me now, mark eiglarsh. how do you have a cop standing on the top the hood of a suspect's car, firing 100 shots and he walks away? >> listen to the evidence from both sides and found that the officer reasonably feared death or great bodily harm at the time he fired. he wasn't the only one who fired. 13 total officers fired because after a 22 mile chase at speeds of over 120 miles an hour 100 red lights and stop signs were blown by the driver failed to stop and answer the commands of these officers and they all

felt in fear. >> 100 shots were fired in total but not by this particular cop. they couldn't prove it was his bullet that dead to the death of these two people. the states case proves they were the one that got on the top of the car at the end and kept fires over and over and over. >> this is a sad case if you go back to the beginning this all started about an old car backfiring. as they were just driving by the police station. the muffler is banged out, they thought it was a shot police officers thought it was a shot that rang out inside of the car. >> before their car backfired, they were pulled over and they didn't stop and they gave chase. as they were going by another police station it backfired. it wasn't like oh, they were so

innocent -- >> the reason you have 13 cops going after them is not because of the first part, it's because of the backfiring. it's because of the gunfire that went off. the judge found that number one this police officer's conduct was not as -- what he's trained to do so you're not supposed to jump on the hood of a car, but he kind of excused that even though in his written opinion, he said that's not the right way to handle things. he found that one of his -- his gun discharged a fatal bullet. here's the catch, they may have already been they were hit with so many other fatal shots, they may have been dead when you shot them. you can't convict someone. you can't prove beyond a reasonable doubt -- >> let me ask you this the family of the two decedents, the two people killed filed a federal lawsuit against the city they wanted damages because they wanted to protect the public after their loved ones led the police on a 22 mile chase shootout they wanted to protect the public so they sued

and they settled. the city settled, each family is getting one and a half million dollars. >> welcome to america. that's what happens most of the time. let me just say this also. i don't know if it's true or not, but i watched the defense lawyer in a post verdict interview say that both the decedents had gun powder residue on the hand they don't know if they got rid of the weapon or they ever had weapons at all. that was an interesting fact. on the radio, all these officers kept hearing, they're firing they're firing. this officer, in his mind reasonably believed shots were being fired. >> i want to ask you this. the doj has now swooped in they are now concluding today that there was a reasonable cause to believe that cleveland cops engaged in unreasonable unnecessary force and that they may be biassed and discriminatory as well. now the doj has come out today

and said, well you police officers are being asked to do a tremendously difficult work without appropriate guidance. the doj is stepping in to provide the guidance so they can deliver biassed free policing. the doj uses this to get some sort of control over cleveland cops. my question to you is we see the same pattern every case the prosecutors step in they tend to overcharge the case the doj uses it in an effort to express its outrage. the doj tries to take over is that what happened here? did they overcharge this case? >> it seems like they did, they probably could have gone with the -- especially since -- as soon as they hear the defendant wants to go with the judge and not the jury they can dismiss the top town. now that there's not a jury that they can put on a show for, they could have charged the lower charge the lower town that says look your honor, we're not saying he intentionally or did something so heinous what

he did was such a big mistake, is criminal. >> they went big -- >> they had to do something. >> now, loretta's got it. >> bench trial ah, quital. >> great to see you both. >> good point, arthur. >> a short while ago, on the o'reilly factor you heard bill o'reilly ask if rand paul was hurting his chance with voters. senator paul joins ss us just ahead. one of the president's orders may be dead for the rest of his term. michelle malkin is next. >> the problem is is that you know i'm the president of the united states i'm not the emperor of the united states. is to execute laws that are passed.

this allergy season, will you be a sound sleeper, or a mouth breather. well, put on a breathe right strip and instantly open your nose up to 38% more than allergy medicines alone. so you can breathe and sleep. shut your mouth and sleep right. breathe right. i take these out... ...to put in dr. scholl's active series insoles. they help reduce wear and tear on my legs, becuase they have triple zone protection. ... and reduce shock by 40%. so i feel like i'm ready to take on anything. 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. we don't just certify our pre-owned vehicles. we inspect, analyze and recondition each one

until it's nothing short of a genuine certified pre-owned mercedes-benz... for the next new owner. hurry in to your authorized mercedes-benz dealer during the certified pre-owned sales event now through june 1st for exceptional offers. you drop 40 grand on a new set of wheels, then... wham! a minivan t-bones you. guess what: your insurance company will only give you 37-thousand to replace it. "depreciation" they claim. "how can my car depreciate before it's first oil change?" you ask. maybe the better question is why do you have that insurance company? with liberty mutual new car replacement, we'll replace the full value of your car. see car insurance in a whole new light. liberty mutual insurance.

president obama's most dramatic executive order on hold for a while the the obama administration cannot go forward with their actions on immigration, while the lawsuit by teches as and 20 other states remain in court. he cleared the way for illegal immigrants to stay indefinitely in this country. the fifth circuit agreed with him the first time. mark hannah with a campaign aide for the obama campaign and adjunct professor of sueddies and michelle malkin is an inter internet entree pren new and author of "who built that." the white house spokesperson comes out and says today two judges of the fifth circuit chose to misinterpret the facts in the law in denying the government's request for a stay

as the powerful descent recognizes president obama's, as are fully consistent with the law. who is brandy who came from the domestic finance department at treasury to tell the judges at the fifth circuit that they chose to misinterpret the facts in the law. maybe you should get a law degree before you start lecturing. >> i have a feeling with the law degree you can probably argue more effectively. >> she irritates me. >> she's coming up with the political justification for the immigration executive action. and the court was split. there was a powerful descent you had. >> two to one. but the descent said this is judicial fiat. >> they got that one, but they lost the other two. >> no kidding. >> and in accordance with the law. >> i suspect there's going to be

an appeal the justice department is reviewing this decision. the fundamental question is congress doesn't grant -- congress controls the purse strings, they give the money to the president to enforce this law. there's no way they give the president enough money to support 11 to 12 million undocumented americans. >> the executive order is dead. >> it's an unfunded mandate. >> it's dead and unless some court does something extraordinary, it's going to stay dead and that kicks it back to the political arena, where the politicians are going to have to decide whether this is a fight worth fighting. >> congress is going to decide whether it has to -- it's going to give the obama administration enough money to fund this or institute immigration reform which they haven't been able to do. it's an unfunded mandate. nobody wants to send 12 million people back to the border in mexico. this is not even the most conservative republican who is he going to depart frankly i think he should be focused on

deporting criminals and not necessarily kids. >> he says that in justifying this and yet there's a real question about whether that was a brush that swept too broadly. >> how about brandy? >> brandy the constitutional scholar, she's ready for the supreme court now. >> over treasury they taught her all about scotus. >> i guess. >> she's got letter calculated -- >> i think that in layperson's language this order sent a very clear message to the imperial dictators at the obama white house. in your face. they said no in rejecting the request for a stay of the injunction. they said no to the request for limiting the stay merely to texas and god bless greg abbott who shepparded this and lead the way and speer headed the 6 states who joined with him, now

governor. thank god there are still public officials in this country who believe the rule of law should not be some sort of nuisance or obstacle to the command and control government in washington. and let me just respond to you, i hate it when open borders advocates and activists get away with the inflammatory language that somehow those of us who believe in the rule of law want to throw every last illegal alien into some cattle car. this is the most generous country in the world, sir. we issue 1 million green cards every single year 70,000 permits to people who apply for asylum 500,000 foreign student visas, 700,000 work permits for both skilled and unskilled labor. this is the most generous country in the world and i am sick and tired of hearing obama and all of his accolades including you raise this spektr that somehow we built up aof these wire fences and nobody is

getting in and what a terrible humanitarian tragedy it is. the fifth circuit court came down on the side of the public interest, 26 states that have objected to the costs and consequences of unfetterred open borders. >> open borders, i don't know what you're talking about, michelle. this president has -- >> did you not just hear the statistics i said. >> -- deportation of more undocumented workers than the previous president. than any of the recent administrations. the rule of law is important, but congress has the ability to constrain this president and the department of homeland security from executeingeing immigration law. they haven't done that yet. >> thank goodness for the administrative procedures act, which is the heart of this lawsuit. this administration refusal to abide by the rules of the game.

>> that's when it's hard here. >> signals in this country. >> a sign at the border that says do not enter. and a sign 100 yards in that says looking for work help wanted and we're hiring these people. we need to get economic integrity into this. >> i have to go because we're out of time. michelle great to see you. you as well. up next rand paul is here as well as his wife kelly. this is their first joint interview, they will weigh-in on the 2016 race and the chance he will face a clinton. can you describe bill clinton's behavior predatory. >> we have agreed with that. you look at the history of the allegations brought against him. do you regret that comment? i have type 2 diabetes. i started with pills. and now i take a long-acting insulin at night. i take mine in the morning. i was trying to eat right, stay active.

but i wasn't reaching my a1c goal anymore. man: my doctor says diabetes changes over time. it gets harder to control blood sugar spikes after i eat and get to goal. my doctor added novolog® at mealtime for additional control. now i know. novolog® is a fast-acting, injectable insulin and it works together with my long-acting insulin. proven effective. the mealtime insulin doctors prescribe most. available in flexpen®. vo: novolog® is used to control high blood sugar in adults and children with diabetes. take novolog® as directed. eat a meal within 5 to 10 minutes after injection. check your blood sugar levels. do not take novolog® if your blood sugar is too low or you're allergic to any of its ingredients. tell your doctor about all medical conditions and medicines you take. ask your doctor about alcohol use, operating machinery, or driving. the most common side effect is low blood sugar. symptoms may include dizziness, sweating, confusion, and headache. severe low blood sugar can be life-threatening. other common side effects include low potassium in your blood and injection site reactions.

get medical help right away if you experience trouble with breathing serious allergic reactions like swelling of your face tongue, or throat, sweating, extreme drowsiness dizziness, or confusion. now i know about novolog®. taken by millions since 2001. vo: ask your health care provider about adding novolog®. it can help provide the additional control you may need. why are you deleting these photos? because my teeth are yellow. why don't you use a whitening toothpaste? i'm afraid it's bad for my teeth. try crest 3d white. crest 3d white diamond strong toothpaste and rinse... ...gently whiten... ...and fortify weak spots. use together for 2 times stronger enamel. crest 3d white.

bring us your aching... and sleep deprived. bring us those who want to feel well rested and ready to enjoy the morning ahead.

aleve pm. the first to combine a safe sleep aid... plus the 12 hour pain relieving strength of aleve. for pain relief that can last until the am. so you... you... and you can be a morning person again. aleve pm for a better am. now available with an easy open cap. new fallout in the fight over the patriot act. last week the senator mounted an 11 hour filibuster over the intelligence bill are giving the feds too much power to collect personal data. he time mied another push on the bill tuesday. he's endangering the public here. earlier i sat down with senator paul now a gop contender for president, along with his wife kelly. she has her own book out.

hers is call true and constant friends. senator rand paul's new book is out now, it's called taking a stand. moving beyond politics to unite america. we spoke at length about the nsa issue. your critics accuse you of over stating the case. the nsa is spying on all your phone calls and that's not true. it doesn't have cell phone data in almost any case. >> it's not what i've said. the nsa is collecting all of your phone records. by connecting the dots they have determined they can determine your religion single time who your physician is most of the time what medicines you have. they can tell when you go to the doctor maybe what kind of procedures you're having at your doctor's office. >> the wall street journal had a report that said the nsa is collecting records of at most

20% of u.s. calls. in general, they do not look at cell phone records. >> two stanford students put apps on phones and looked at their metadata they tried to dedeuce from other means from just the phone records, they could tell most of the time what your religion was, what doctor you were going to see, what kind of diseases you had. and even what kind of procedures you had. >> this program -- you get no names, no addresses, no personal identifying information. the nsa doesn't know you exist. they just have phone numbers and only look further if the terrorist calls the number. >> the founding fathers didn't like the idea of general warrants. warrants that were not individualized that didn't have any suggestion of suspicion, and weren't signed by an independent judge. that's what the fourth amendment is about. one warrant and the name says verizon they collect all the information from all the

americans that have phone records with verizon, it doesn't seem to be consistent with the fourth amendment. it wasn't individualized. it makes us less safe. >> they can't access that data unless something suspicious happens. people like andy mccarthy had said the fourth amendment doesn't protect you -- you have no right in verizon -- >> that is the real debate. do you have a privacy interest or a property interest in records that are held by the people. when you sign up and have phone service, you do have a privacy agreement, your phone company isn't supposed to share that with your neighbor. do you have fourth amendment protection in records that are held by the companies. once upon a time. >> they said 1979 that they don't. the u.s. supreme court said no. >> it's not yet to be decided in the modern era. >> there was a supreme court opinion in 1979 that said you don't have privacy interest.

>> in maryland versus smith, it was talking about one person and a few records of someone who was accuses of committing a crime. it was never and has never been adjudicated. all of the americans, all of the records all of the time. >> you can see they don't listen to content. >> this is an enormous program. this is collecting all americans records all of the time. >> only 20%, according to the wall street journal. >> because they're not very good at it. if they could get all of them they would. they're not very good at getting them republicans, my opponents have been complaining because they're not good at doing it. >> you, if senator paul wins the election you would be the first lady. is it bizarre to think you and bill clinton are vying for the same job? >> you got a little bit of trouble and senator paul got in a little bit of trouble, you described bill clinton's

behavior as predatory. a lot of the viewers we have agreed with that you look at the history of the allegations that were brought against them. do you regret that comment? >> no, absolutely not. you know i regret in some ways that people kept asking rand about it he was originally asked on meet the press if he agreed with the comment six months after i made it. >> why is it not okay to talk about bill clinton's history. >> it was more actually though some of it was misstated. my point was more about the hypocrisy and the democrat party, that it wasn't more roundly condemn that people -- this is the party that purports to be the party of women, and it was a workplace situation, a 22-year-old intern she was 22. people have tried to go back and say, oh, no. i don't consider that a peer relationship. it's not criminal it's certainly something we would say is not appropriate in the

workplace. >> do you think it's a double standard? do you think if a female presidential candidate, first lady candidate had any kind of allegation against her, of inappropriate behavior with someone who is half her age, do you think that theuse would have any shot at becoming the president of the united states? i have no idea. i will answer my own question. the answer is no. no. >> senator rand paul's new book is taking a stand, moving beyond partisan politics to unite america. you can go to facebook.com/the kellyfiles to see our entire unedited interview. dozens are dead dozens are missing and the floodwater is rising. kaboom... well, i just have a few other questions. >>chuck, the only other question you need to ask is,

"what else can you do for me?" i'll just take a water... 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. [ male announcer ] take zzzquil and sleep like... the kids went to nana's house... for the whole weekend! [ snoring ] [ male announcer ] zzzquil, the non habit forming sleep aid that helps you sleep easily and wake refreshed. because sleep is a beautiful thing.

one new development tonight in the case of the free range parent who is nearly had their kids taken away from them for letting them walk home from a local park alone. the first run-in was back in december when someone called 911 after someone spotted the 6 and 10-year-old children walking home without an adult. the parents were cleared of neglect charges in the case. also developing tonight, more than a dozen still missing after catastrophic flooding in texas and oklahoma over the weekend. hillary wittier is live in houston with the latest. hillary? >> you say a dozen dead, four of those confirmed here in houston, i can temll you things are starting to look better now. where i'm standing is not even possible if we had gone a couple hours ago. this whole area was completely

submerged, you can see the water has receded quite a bit. check out some of this video we've taken over the past 24 hours, it is just incredible. houston hasn't seen anything like this ever before. the mayor and governor have declared this a state of emergency. four people declared dead. thousands trapped in their cars in their homes, 4,000 homes we're told have been impacted by these floodwaters and seriously neglected because of the waters. there's so much going on. things hopefully are looking a little bit better we're going to have to wait and see if the rain continues to hold off. megan? >> thank you. we'll be right back but first, coming up on hannity tonight. >> from the perspective of a police officer. you never walk -- arrested domestic violence situation.

love loud, live loud polident. ♪ ♪ fresher dentures... ...for those breathless moments. hug loud, live loud, polident. ♪ ♪

the network that monitors her health. the secure cloud services that store her genetic data the servers and software on a mission to find the perfect match. and the mom who gets to hear her daughter's heart beat once again. we're helping organizations transform the way they work so they can transform the lives of the people they serve.

they say after seeing a magician make his assistant disappear mr. clean came up with a product that makes dirt virtually disappear. he called it the magic eraser. it cleans like magic. even baked on dirt disappears right before your eyes. mr. clean's magic eraser

tune in tomorrow night or set your dvr's now. we have a big lineup for you, judge napolitano is here and kimberly guilfoyle. i highly recommend her new book. great picture, you know she's a beautiful woman. unlike yours truly, her parents never told her she's going to be

with him for a long time. we're going to talk about that and more. see you tomorrow. tonight, baltimore and chicago descend into chaos, with dozens of shootings just this past weekend. >> it's disheartening. >> david clark is here with reaction. a startling new warning that isis could be targeting u.s. military personnel. a reporter who infiltrated isis terrifying online recruiting operation will share her story. >> you are hurting our cause is what you are doing. >> i'm not -- i do not support your cause. >> she tries