pettish if you wish to respond. thanks for watching us tonight. miss megyn is next. i'm bill o'reilly. please remember the spin stops here. definitely looking out for you. breaking tonight, big enough questions about the district attorney in baltimore and whether she has critically injured her own case against six police officers in connection with the death of freddie gray. good evening and welcome to "the kelly file" where the news is breaking right now. i'm megyn kelly. just hours ago lawyers for the six cops charged in the death of freddie gray filed a motion asking this trial be moved outside of the city of baltimore. the defense says the officers quote, cannot receive a fair and impartial trial in this city. and one of their primary complaints this attorney. the d.a. marilyn mosby. they argue she has an anti-cop

bias that she has prejudiced this case with some of her very public statements and that she should recuse herself in the interest of justice. among the moments earning her criticism, these remarks at a baltimore church these were separate from the ones we've been showing you, in the days before the initial investigation was even complete. >> the criminal justice system that has historically and disproportionately affected so many communities of color and what we're seeing right now when we turn on the news and we open up the newspaper is that frustration. so we will pursue justice by any and all means necessary. our young people i know that they're called thugs. those are young people crying out. there's a sense of hopelessness in this city. and there's nobody that can touch them the way that you all can. and i can't do that in my capacity right now, but i know that you all have the ability of doing it. we have work to do. we need to get out there on the street and talk to these young

people. they are not thugs. >> judge andrew napolitano is with us tonight. we knew it would happen and sure enough it did. she is now exhibit no.umber one. she tries to shut them up and the defense has come out both guns blazing tonight. >> there's a couple of problems the civil unrest that occurred makes it unlikely the police officers could get a fair trial in the city of baltimore, even if mother teresa were the prosecutor. but instead you have a prosecutor who acts and sounds like she's a political candidate for office not an office involving the administration of justice, but an office involving the administration of the government. >> like she is running for

office. she's got an agenda. >> that's exactly what she sounded like in the clip you just ran. and language like that though not unlawful has the ininsidious and deep-seeded effect of affecting the potential jurors and causing them to believe the defendants are probably guilty. now, if she does that herself, it is clear there has to be a change of venue, meaning the trial has to be tried in another part of the state of maryland and the jurors have to be drawn from that other part of the state. the question is can she fairly administer justice? >> if it gets moved to another county she is still the prosecutor. >> yekt. >> but she appears to be a problem. i mean schools and learned lawyers in the state of baltimore are coming out using the word disbarment for this type of behavior when it comes to a d.a. >> i haven't seen anything that rises to disbar bhnt which means taking her license away forever. but i have seen behavior that

were i the judge in this case i would seriously question her competence to try the case in a fair manner. because her goal is not conviction her goal is justice. her goal is justice on the correct outcome of the evidence. >> and what she said there "by any and all means necessary." wrong. wrong, madam. wrong! that's what the defense does. they pull out of stop in the book to get their client acquitted. what's she's telegraphing is i am going to get them. >> here's the way she wants to get them she wants to silence defense council. the the more incendiary the government prosecutors are, the more freedom of speech defense council has to rebut and reject her incendiary comments. so her efforts to silence them

while she is herself on a campaign soap box are making it impossible for the judge even to address this issue. this is fair game. fair game at her and fair game for defense counsel to say whatever it is they want about the case to the public. >> so what are the odd that they will pursue or get a change of venue, at least getting it out of baltimore. even if a judge does not think her comments warrant getting kicked off the case they have to i z how her comments have poisoned -- >> the worst case scenario for her is a conviction in baltimore and then a reversal by an appellate court because of the prejudice that she personally caused and the appellate judge preventing her from trying it a

second time. so she knows her stuff. she'll be happy to send this to another place in maryland. >> and not one where the murder rate is suddenly skyrocketing. >> well, the controversy over this d.a. marilyn mosby got more heated this afternoon when a report surfaced suggesting she had favorited a tweet on twitter that referred to these six police officers as quote, thugs, that she was expressing her like of that tweet by favoriting it. the report also showed a tweet that had ms. kwok infuriates" in all caps -- we asked directly what is the story?

did she do it? they denied to "the kelly file" that the danchts had favorited those tweets saying her twitter account and her personal account were hacked. they went on to say we do not know how long it is going on. we are working with twitter. >> joining me now, kem berly gil foil. >> thank you for being here. she's denying that she did it and her account was hacked later this month by what appears to be some foreign national. however, this is early made. this is i think may 6th. i don't know. >> she absolutely is. and as a former prosecutor and trying high profile cases like i did in san francisco like the dog mauling case i had a case

that had tremendous international publicity. you want that case to stand on appeal. she has gone out of her way to i believe poison that jury pool in a way that i believe is highly improper and unethical. >> so this is not just an inexperienced woman with an agenda. >> this is an activist in my opinion. the comments that she made i was so appalled and taken aback because i take the job that i can as a prosecutor very seriously, to seek justice. she supposed to be an impartial ewaiters of the fact of the case. the fact of the matter is they have a second degree charge for implied palace murder. it very difficult to get. so she better have the facts and circumstances. because she's going to have a rodney kinhands if they do not deliver.

6/ 6/and it's an opportunity for a young woman to earn her stripes, being taken seriously. a lot of young woman, i can speak to this myself i wanted to be taken seriously and yet you have to understand where the limits are. when you make the case especially as a prosecutor there are limits to what you can say and what you can do. and miss mozby comes out and here is what she said "to the people of baltimore and the demonstrators across america, i heard your call for no justice, no peace. your peace is sincerely needed as i work to deliver justice on behalf of this young man. to the youth of this city i will seek justice on your

behalf. this is a moment this is your moment. let's ensure that we have peaceful and productive rallies that will develop structural and systemic changes for generations to come. you're at the forefront of this cause and as young people, our time is now. >> it's really a call to arms. if you didn't know what her title was and what her position and you just listened to her rhetoric and her language would you think you were listening to someone like al sharpton someone who was a head of an organization to get their name out there to get some recognition for the cause. >> i saw you when you were trying the dog mauling case, back in the day. you were a young d.a. making a name for herself. to be so incendiary and have no understanding of the power you have of she's not helping herself.

she's not helping her case. you talk about how people can make their own cases. forget mosby. how can you get ahead without sacrificing your. i wanted the case to be tried by those jurors. that's what the victims deserve and that's what the defendants deserve. >> i saw you on "the five" yesterday and i remember you on cnn and seeing you then. you were obviously a future star and now you are this huge star. why did you write this? >> this is a really tough decision. so many people said i wish you would tell your story or parents would come up to me and say i'm inspired by you, i've they can

learn to make choices in their life, that they were passionate. but just like your path getting into that chair and the job that we do that is so important. i wanted people to understand that you have it within you. if you believe in yourself you can passionately advocate for what you want. noob nobody is going to hand it to you. i don't believe in the entitlement thing. when you work as an intern try something out. >> kimberly lost her mother at a young age raised by her single dad, lost him, too, a couple of years ago. but you made it. you became first lady of san francisco. i have no right to say this but i'm very proud of you. >> i'm very proud of you. we're fearless women, we help each other out and i think that's very important. >> you can see all the great

pictures of kimberly. >> also breaking on this story tonight, we will show you next what happened between fox news and the baltimore mayor that led to this. >> if you'd like to ask a a question or give me an opportunity to answer we can do this. otherwise i'll end the conference. >> plus how the white house also added to this controversy when it was asked about the recent surge in violent crime. >> and just ahead, a little political fact checking. >> after they're done going after individuals, the next step is to argue that the teaching of christianity the catechism of the american church is hate speech.

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breaking tonight, baltimore's mayor facing tough new questions about her leadership as her city grapples with historic levels of violence. 36 people have been murdered in just the month of may. here's what happened with leland challenged the mayor just hours ago. >> is that because the police are doing less?

>> as i said before there are reasons why. >> arrests are down 50%. >> can you let her finish? >> i'm not 100% sure what you're doing. this is a very orderly press conference that we normally held. we don't -- we don't -- your tactics are -- >> i'm just asking a question. >> you're not. you're being rude just as you were before. if you'd like to ask me a question and give me an opportunity to answer it i'll do this. if not, i'll cancel the conference. >> ready to lay blame on gun control. >> what is the thought of the white house about what happened this weekend and what will help turn the situation around? >> obviously there's some common sense things we can do. certainly passing some gun safety laws in congress that could keep guns out of the hands

in criminals would be one thing we could do to try to limit the violence. >> dana lash is author of "hands off my gun." >> yeah. >> listen i take no position on gun control at all but you look at the stats on maryland and that's clearly not the issue. >> you're right, megyn. instead of josh earnest talking about just some common sense things to pass in common how about a mayor saying she's not giving safe spaces for criminal activity how about the white house and other officials not coming down on police. trying to delegitimize the police force. maryland has some of the strictest gun laws in the country and it's not gun control, it is a lack of leadership. it is a system of corruption. >> the one step maryland could take at this point to be tougher

and the nra hates maryland and still in maryland the problem is lack of gun control, according to the white house. >> el with yes, and that's exactly right. they're just one inch from banning everything outright. they've banished 80 different firearms already. if you want to go to hand -- >> it is incredibly difficult, it is incredibly strict. here's the other thing, megyn. these people act like there isn't online a place where you can go and see who's committed crimes. the people who commit gun crimes the people who are killing other people with firearms are over 98% of the

time repeat offend expeople who should not even carry firearms in the first place. these criminal statistics are available on every state and for maryland, too. if you had the reading come hence of -- comprehension. the daly beast compiled a list of the most armed states in the nation. maryland was one of the least armed nations. we see the mayor take umbrage, what we're all asking what's with the murder rate? is it because the corporation

are ticked. >> right. those are just 40 extra firearms that they banned. i'm surprised al sharpton from trying to block megyn the layer that's what the press does or at least normally does. >> they're supposed to have an and taz niezing role against the news officials. that's the media, the watch poll from are the there have been cops running out, speaking in baltimore saying we don't have any energy anymore. they're killing us. they're see this has back fired and now they're going to bring

out the boogie man, bring out gun control. that's their answer you can trying to keep your city better this wouldn't be a problem. >> she's so worried about a news reporter's alleged rudeness. if only she had been equally worried about the behavior we saw on the streets of baltimore and the wake of the frid frid killing. >> maybe she didn't give leland enough safe space. >> ann coulter. what happened next became a national story. howie kurtz. >> after they're done going after individuals, the next step

is to argue that the teaching the mainstream of christianity the catechism of the church is hate people speech and that's a real and present danger. as different because i got a prescription for chantix. along with support chantix (varenicline) is proven to help people quit smoking. the fact that it reduced the urge to smoke helped me get that confidence that i could do it. some people had changes in behavior, thinking or mood hostility, agitation, depressed mood and suicidal thoughts or actions while taking or after stopping chantix. some people had seizures while taking chantix. if you notice any of these stop chantix and call your doctor right away. tell your doctor about any history of mental health problems, which could get worse while taking chantix or history of seizures. don' take chantix if you've had a serious allergic or skin reaction to it. if you develop these stop chantix and see your doctor right away as some can be life-threatening. tell your doctor if you have a history of heart or blood vessel problems, or develop new or worse symptoms. get medical help right away if you have symptoms of a heart attack or stroke. decrease alcohol use while taking chantix. use caution when driving or operating machinery. common side effects include nausea trouble sleeping and unusual dreams.

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developing tonight, republican presidential candidate marco rubio, suggesting political correctness is endangering our speech and freedom of religion. >> we are at the watter's edge of free speech. if you do not support free speech you are a homophobe or a liberal. >> when the editors got down with rubio's remarks, it did not

come out quite the same. salon rubio made a clown of himself with his comments. chris, is that what you saw? >> when i saw the headlines, i thought holy marco rubio has just exploded himself. he said gays marriage is going to destroyed -- it's a disaster. then i read and i said oh he didn't say anything of those things. they shrunk down a whole statement that is in the mainstream of conservative thought. it's absolutely in the mainstream of the conservative thought today to say you are worried the kind of treatment visited upon you -- remember the ceo of mo zil la who got outed because he took the same position that barack obama had in 2008.

remember that guy? many conservatives feels that will happen to individual faith units, that for conservative sects of christianity and catholicism, this treatment will come to the institutions instead of just people. >> so the church itself is bigoted or discriminatory because of its teachings. >> and all the places where christian life intersects with public life whether it is when governments partner with churches to provide services catholic charities in particular around the country. as we're seeing on birth control with little sisters of the poor and other places fighting with the administration over birth control and obama care. the political press immediately smashed down a fairly complicated discussion discussion into a few words that

said marco rubio said christianity will succumb to gayness never. >> there was a piece in "the daily beast" that really went after senator rubio. he said "poor marco rubio, he the bully, resorts to playing the victim and he spoke to his message saying all they can do now after fostering a climate of prejudice is to claim with the prospect of equality it is, they the bullies, who are persecuted. that's how it's going to be spun. if you sort of stand up for these christian beliefs, you're playing the victim because you should just take it and admit -- >> what kind of orwellian world do you live in if you saying someone is a bigot earns you the epithet bigot. >> it makes my head hurt.

i'm confused. >> you're going to call me a bigot. that's bigot of you to say to me. what? there's just no way to talk about it. that is the greatest victory of all of the proponents of same-sex marriage. they've made it unacceptable to have any discussion. others will watch what happened to marco rubio today and say i'm not going to talk about this. >> or maybe they'll learn the lesson that president obama did, just lie. >> lie and evolve. >> and he got elected. so it's very helpful. >> chris, great to see you. >> you bet. >> still ahead wlrk hillary clinton arrived today in south carolina, something remarkable took place. right after mrs. clinton left kiki's chicken and waffle. it's an interesting combination. when i want my waffle, i don't

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new reports of serious injury from severe weather in texas. this tornado touching down in the northern part of the state and hitting a gas drilling rig, as the state is still reeling from historic floods killing at least 15 people. trace? >> that tornado hit a gas drilling rig in the town of canadian texas. that's norm of amarillo near the texas/oklahoma border. there is video of the tornado crossing the plains.

we're told there are multiple serious injuries. first responders are or scenes but news crews have not yet arrived there. the the rig is not near homes or businesses so a bit of good news. the major flooding is getting worse and affecting a larger chunk of the state. in the city of wharton, they are calling for evacuations because the colorado river is at flood stage right now, that's 39 feet. it's not expected to crest until this gets to 46 feet and that could wipe out hundreds of phones. there are first responders going door to door along the brazo river. that's expected to rise above flood stage tonight and stay there all weekend long. reports say many are leaving and many are not, which is a problem because authorities are worried about having to go out and rescue people in high water.

they're looking into opening flood gates and in wimberley texas, people are wondering what the blanco river will do next. it is the wettest month ever in may and they're still expecting several more inches over the next few days. back to you. >> trace, thank you. >> conservative political commentator and author ann coulter for what she did and did not do during an interview about her new book. her latest is called "adios america" and goes after issues on illegal immigration. she was invited on a show of an anchor who has publicly advocated for looser immigration laws. >> my first question is can i give you a hug? >> i wouldn't today. i'm recovering from the worst

flu i've ever had. >> this undocumented immigrant who has lived in this nation for almost 22 years wants to as a sign of my humanity and yours recognize you and say can i give you a hug? >> no let's get on with the question. >> okay thank you. >> howard kurtz is the host of "media buzz." >> of course this went everywhere on the left wing blogs saying the commentators have not been kind to ann, thinking this is a moment in the debate because she refused to hug this woman. you say? >> people love to portray her because she wouldn't give her a hug. coulter was smart not to fall into this activist trap. the woman was trying to create a moment for ann and have an image that would go viral. she was even being diplomatic

saying i have the flu. >> which she did have the flu, by the way, if you listen to her. it did seem like a trap. when you're on television everything feels magnified. you know -- well, not everything. but most things seem magnified and you always have to be aware if somebody's trying to bait you into something that you don't want to be involved in. >> this is a clear case of baiting. some people love ann coulter, some people can't stand her, sometimes she goes too far but in this instance her defiant anti-hug stance was the right one. by the way, all this publicity and all of those attacking her over this manufactured moment i should say, helps her sell books. look she's on with jorge ramos talking about a book called "adios america." of course she's going to generate some headline zplps this is the same woman who when

addressing a public crowd not too long ago had a pie thrown at her head! you got to give her a little bit of credit being reticent of public exchanges. i, too, would be a little worried, if my experience was hers. >> who knew it was so dangerous. ann coulter, who always manages to be involved in some controversy, she probably should send this woman flowers because it was such a great setup for her. she didn't have to do anything except politely decline. >> she's also getting flak for this moment which was more controversial. that was something she refused to do. here is something she said. listen. >> if you have don't want me to

be killed by isis don't go to syria. if you have don't want to be killed by a mexican, there's nothing i can tell you. >> killed by a mexican, there's nothing i can tell you. >> i see where lots of mexicans would be insulted by that. but that's her debating style. i think it's worth arguing over that. this whole thing about the hug, a lot of blogs having fun with it some people attacking her. i'm sure it not that much fun for ann coulter. then again, she knows how to be in the public eye. >> i'm going ask her about this when i interview her on tuesday. >> will you give her a hug? >> actually i might. actually, i don't want to get that cold.

>> a surprise moment when senator rand paul attacked a huge portion of his own party. he's seeking the republican nomination but he is not making some republicans happy. dana perino is here with us next. ♪ 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. ♪ ♪ 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. [ man ] used to be pain kept me in bed all day. [ man #2 ] finally i

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didn't come from hill hl orary clinton or the white house. watch. >> isis grew stronger because of the hawks in our party who gave arms indiscriminately and most of those arms went to isis. isis is all over libya, because they loved hillary clinton. they just wanted more of it. joining me dana perino. she's the author of "and the good news is." it's a huge best seller and you should buy it. >> brit hume came on and said that's an odd thing to do if you're trying to win the nomination of the republican party. >> your goal as a candidate, define others before they can define you. what he is trying to do is to say all these republicans are

responsible for isis as if evil is not responsible for isis. also ignoring president obama's role in not enforcing the red line in syria and i think being completely out of touch with most republican voters. there's some there's going to be a strain that will agree with rand paul. the vast majority of republican voters are not going to agree with that. >> i saw so many comments on the right-leaning blogs and online magazines, includes "commentary" magazine saying rand paul is running for the wrong party's nomination. a lot of people saying he sounded more like a democrat than a man wanting to the republican nominee. >> if i were a republican consultant i could cut the ad against rand paul right now. president obama and rand paul have a similar world view. they want off the world stage. i would cut that right now and

say a vote for rand paul is a vote for president obama's third term. >> i get it was on msnbc, they don't want to hear him talking like that but why not say -- >> the push back on wasserman-schultz. there's a reason why his father had a very uncomfortable existence with republicans. they didn't agree with the foreign policy. rand paul has spent the last six months trying to distance himself to his father and today in one instance turned right back to where he was at the beginning on foreign policy. >> as a republican you would think they'd be focused, as so many of the others are, on what happened when we took all the troops out of iraq. all the other republicans are saying that's when isis which was basically an outgrowth of al

qaeda in iraq that's when it was really born. what the republicans have said thus far is if you look back at what the obama administration it was was saying at the time we had won in iraq. we had won. and were well on the way to the success. here's the vice president himself. listen to his messaging on iraq. >> i am very optimistic about iraq. i think this can be one of the great achievements of this administration. >> how do you blame isis on george w. bush? >> not only that -- i think what rand paul could have done is say let's go back further. how do we get al qaeda? how do we end up with terrorists all around the world killing innocent americans and what do do i about it? but all the other republicans are probably going to make that argument because it is true that isis is the outgrowth after the power vacuum was allowed to exist in iraq syria, now we have the refugee crisis in

jordan that is growing, et cetera. libya, yes, ma'amen. in the meantime you have russia looking look it's about to make another move in area by crimea. if i were rand ul i would say this is why my world view looks better than you all. but that's not what he did today. he decided to basicallically go into like a safe space where he could argue saying that lindsay graham was one of the reasons that isis -- >> it doesn't seem that safe. brit hume goes on to say it's hard to believe any republican majority is going to go for this position and yet that's where he stands. >> britt is right, there will be a small strain that do support rand paul and that will save him for a knew morse weeks. >> thank you. up next what happened after

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well, hillary clinton was back on the road today. this time in south carolina. rallying support for her 2016 presidential run. we noticed something a little different about mrs. clinton. chief washington correspondent james rosen reports. >> good evening. it didn't take long once candidate hillary clinton returned to dixie land for her patented southern accent. that creature that only surfaces in select settings. maybe the trigger was the purportedly unscheduled stop at kiki's chick skpn waffles. the state clinton lost to

president obama in 2008 by nearly 30 points because it was directly from there that the former secretary of state, the illinois native who represented new york in the u.s. senate headed off to address a group of south carolina democratic women and there found herself careening accent wise from the circuit to the ball. >> you're right, i am running to live again at 1600 pennsylvania avenue. [ cheers and applause ] but i don't want to be there all by myself. i want democrats elected from the local to the county to the state to the federal level. >> but that wasn't all. after a pit stop in the familiar mid western nasality which she usually speaks she again

pointed her die electric compass south ward. >> i will say that there does seem to be a pattern. democratic presidents and there's two in particular i'm thinking about, over the last 35 years seem to inherit a mess of problems. >> in comparative historical terms, long-time hillary watchers will open that it was relatively tame to the pronounced drawling on record when the future first lady was the united states was merely the first lady of arkansas. >> the route to being somebody in this society starts with education and we intend to be sure that everybody in this room and every child in this state is somebody. >> details of the clinton campaign strategy and schedule have been slow to reach organizations. as soon as we learn of another up scheduled change of accent

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your tactics -- >> i'm just asking a question. >> you're not. you're being rude. >> they were at the baltimore mayor's presser this afternoon. tomorrow night you'll see it right here on "the kelly file." plus go to facebook.com for more on kimberly gill foil's new

book, "making the case." it's a fascinating read and she has overcome a lot in her life. thanks for watching everybody. i'm megyn kelly. see you tomorrow night. >> tonight, the president is silent as violence skyrockets in baltimore with over 100 homicides so far this year. >> black guys matter only when they're killed by cops. >> geraldo rivera weighs in. plus christianity under attack. >> we're at the water's edge of the argument that mainstream christian speaking is hate speech. and ann coulter holds nothing back during a heated interview about illegal immigration. >> if you don't want to be killed by a mexican, there's nothing i can tell you. >> she is here tonight to