on? a lot of corruption involved in this. again, thanks for watching "the factor" tonight. miss megyn up next. i am bill o'reilly. please remember spin stops here. we're definitely looking out for you. breaking tonight, a media feeding frenzy after our sit down with the duggars as the family that became famous for their christian values speaks out about a painful secret and touches off a dramatic new debate. welcome to the"the kelly file," i'm megyn kelly. it was less than 24 hours ago we sat down with the duggar family. 19 kids and counting stars. we discussed serious allegations of inappropriate touching some 12 years ago by a teen teenaged josh duggar. jim bob and michelle duggar explained what happened with josh and their family and why they handled it the way they did. their answers have angered some

of their critics. we will hear from one of them tonight. they raise new legal questions. we will look at those as we reveal breaking news on how police released the report that brought this story to the nation. and they prompted new allegation allegations in their interview with us of a cover-up. we will get to all of that. but, first, we begin with some of the duggar interview you did not see last night. >> i think about going back to those 12 years ago, if people have seen us on tv and now they're questioning whether the duggars fake all this time or whatever. no what they were seeing they're seeing our family actually went through this and our family was broken and family was humbled by all this you see a family instead of losing our faith, actually we were drawn so close together to god and to each other. >> all of you? >> all of us. >> the girls, too, with respect to josh. >> the girls have totally forgiven josh and gone on.

josh is now a wonderful husband, father he's a godly man. it's just like you know what sometimes there's young people that make mistakes they get involved in chol and drugs and different things in their youth. then they get treatment and they get therapy and they go on and they become very great people. and so i think that's the reason normally in society we seal juvenile records. in our case this stuff was exposed because young people make stupid mistakes. society as a whole is not wanting to hold juveniles, what they've done out for public view viewing. >> what was that like? were you worried, michelle he wasn't going to emerge out of that law enforcement- -- >> we didn't know if they were going to arrest him at that point or what they were going to do open up investigation for our whole family or what was going to happen. >> what did he say? >> i have to go back to this. we were walking through this i

just remember i said to josh i said when he came back he was broken he was so humble he was so repentant, over and over he asked for forgiveness for all that he had hurt. i said to him, josh god's word is true. he said that if you cover your sin, you won't prosper. but who so confesses and forsake forsakes it shall have mercy. i said you've had mercy. god's forgiven you these people have forgiven you and now we were waiting to hear were they going to come? serve a warrant, come take him away we didn't know what they were going to do. >> you believed that was a possibility. >> we had no idea. >> we know the police are a mandatory reporter and we assume assumed an investigation would start and nothing ever happened. we didn't realize. >> i'm saying before you bring him down there, that had to be a big decision in your family. >> we felt this was an important step in josh's life to not ever

do anything like this ever again. >> right. >> i know that your daughters wrote a book and they talk in there about the importance of forgive forgiveness, even if bitterness remains. does any bitterness remain or do you feel like you've gotten to the point of true forgiveness in your family? >> yeah. our family has gotten to the point that there's no bitter bitterness. as a matter of fact forgiveness is not something you feel like do doing, it's really a choice. when people wrong us you say, god, i choose to forgive this person. sometimes people come back and ask for forgiveness and sometimes people don't. it's important just like jesus was hanging on the cross, he said father forgiver them for they know not what they do. that doesn't mean you don't necessaryily have blind trust. kind of like we tell our kids if somebody lies to you you're not going to trust them anymore. but if somebody lies to you and then they come back and ask your

forgiveness and they're very humble about it that starts rebuilding the trust. that's what happened to josh. josh did some very wrong things and came back and asked for forgiveness and started rebuild rebuilding that trust. >> what do you make of more than just what happened inside your family now. the media blowback advertisers canceling on the tlc reality show. >> everybody deals with -- if you're a parent you dealt with a children doing things that are wrong. as far as to say -- >> i think we have been strength strengthened through this difficult situation and i think now because it was brought out in such a way that really has been slander rouse and cruel to the victims, i think now, we can truly say we dealt with that years ago. if we deal with that conflict or whatever in the right way, it can strengthen relationships as well. through the years as people watched our family and all, we

haven't been fake. when people come up to us and say, we love your show! we're like thank you, but it's not a show. it's really our life. we are just a family honestly living life purposing by god, just do the next right thing. back 12 years ago, we did the best that we knew how at that point. we've learned some things since. i think by god's grace, we're going to continue to learn and help our children and our grandchildren. >> the mainstream media's reaction to our interview was swift and fierce as they picked apart not only the duggar's answers but how they handled the situation with their son overall. here's just a very small simple of the enormous response. >> a lot of times people do an interview in a situation like this to lay the issue to rest. i think in this case this interview may have raised more questions. >> let me say right up front as a father of three little girls, this was a brutal hour of

television to watch. >> my understanding guys they locked the bedrooms of the girls and he was still able to get through and find his way in. that is not how you handle this. the bottom line these were horrible things going on and now we're getting better insight how pervasive this was and disturb disturbing this was. >> don't bring up god, don't do it. you can't do that and talk about god forgiveing people when you don't have forgiveness in your own heart. >> i think for them obviously some fans of the show take away the fact that this family is trying to heal there was con strigs. there are a whole lot of critics out there. maybe this is one of those stories, a red, blue left right story. >> howard kurtz of media buzz. why? he's not wrong. this feels it's splitting into some sort of ideological battle. why? >> because it's the latest round

in the sexual culture wars. you had some people on the right expressing sympathy for this family. many liberal media types denouncing the duggars in part because they did give some weak and troubling answers to some interview questions and that's fair game and in part because they're viewed as overly preachy and now hypocritical christian conservative conservatives. we see the same pattern with bruce jenner doing a reality show hailed by the media mainstream as becomeing caitlyn jenner. i have no problem with that. at the same time some conservative pundits viewing that story and movement as assault on traditional values. >> remember the lena dunham thing she admitted in her book she behaved very inappropriately with her younger sister. at that time many on the right went after her and many on the left defended her. is there nothing we can't keep our politics out of?

it seems like this is a story about a family in trouble. they went through something terrible and now we're going through something terrible again. i think all the questions about hip hypocrisy, fair game, whether people were duped, fine whether they handled this correctly, great, all that's fair game. i think actually the discussion is doing some good in bringing issues of sexual forefront. we'll get to that later in the show because we have evidence of it. why must it go to the red-blue place all the time? >> because we live in such a polarized media and political culture, that becomes more important than anything else. i am not defending it i am explaining it. it saddens me the right would go crazy on lena dunham and not have anything to say about truly troubleing behavior and possible cover-up by the duggars. a dayily beast writer saying on msnbc, he wanted an interview where the moderator would be

shakeing a finger at them and damning them to hell. that's our media culture in a nutshell forever i don't like your ideology and you make a mistake, you should go to hell. >> i don't know who that was but i read a write-up in "the daily beast" today that said they were talking about the exchange and about yours truly, she may not have done that with the finger but she asked tough important compelling questions and this writer was dissatisfied with the answers. >> right. >> there was an acknowledgement that that wasn't a realistic expectation, to get that from a moderator, and an interviewer, to instead get something meaning meaningful in the answers. i felt like the duggars, whatever you think of what they said they told their story. it's out there now for the world to consume. did someone need to go in there and take an ideological bent? >> you know other writers who don't like the duggars and not only criticizeing them and

criticizeing fox they don't like anyway for giveing the family a platform. when i was watching this as a journalist and i watched these parents say there was no problem in paradeing their children through the glare of a reality show because the molestation problem had already been resolved i don't think so. when i heard them say to the girls who were molested their own daughters, they weren't even aware of it because they were sleeping or not paying attention, all this i found really troubleing. watching it as a dad with young daughters, it was impossible not to feel some sympathy for what they had been through. too many people as i say, in this culture wow would rather point fingers than treat them as human beings. they're being treated as political targets. >> how can you claim to be so outraged over what josh duggar did to his sisters and what the parents did not do when the information was brought to their attention, and have no outrage over the blatant violation of

those same daughters' privacy rights here? the exposure that they did not want that the law is meant to prevent. the same people are going out and, as i said before dining on the carpets of their dead privacy rights. >> right. people who ordinarily would protest and protect and defend the privacy rights particularly of juveniles because unfortunately we live in a world of selective outrage, where people who want to score political points have an ideological point of view too many of them not all, rather point the finger at things they don't like and people they don't like and give others on their side a pass and ignore in inconvenient details of unauthorized release of this report as big an outrage as the conduct itself which is very trouble troubling. i don't think they got a pass from you in that interview. >> that is what the daughters think. we will have the daughters tomorrow night on that. thank you.

>> thanks megyn. >> we actually have more of our sit-down with the duggars tonight you have not yet seen including some of what the parents had to say about suggestions of a cover-up here. plus one group in particular is even more angry with the duggars now than before our interview and one of those folks is here next. >> in the main charge we've heard from your critics have been they are hypocrites. they preached family values. ♪ ♪ ♪ (singing) you wouldn't haul a load without checking your clearance. so why would you invest without checking brokercheck? check your broker with brokercheck.

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the main charge we have heard from your critics has been they are hypocrites. they preached family values. josh once said we are the epitome of conservative values yet they have this secret and they weren't honest with the world about who they were. >> i don't think you go up to total strangers and say, hi my name is so-and-so and i want you to know what i did as a child and share everything about your past. you know every family has things happen in the families. and some families maybe have darker things than others. everybody deals with -- >> what the critics are going for is that you shouldn't have been preaching about moral values when you had a secret like this in your own family that you should be calling other

people sinners, when you yourselves are sinners. >> our son violated god's principles doing some improper touch touching. that was terrible. yet i think it's been recently said what josh did was in inexcusable but it was not unforgivable. >> of all the charges we hear from the duggar critics, the most common complaint is that the family are hypocrites saying duggars have no right to condemn others for alleged immorality when admittedly immoral acts happened under their own roof and they knew it. robert zimmerman is one of the folks who feels that way. is that right? do you? >> first and foremost congratulations on an important interview. it really started a very critical national debate most important importantly. this is not a democrat or republican issue. i'm not speaking as a democrat. >> you disagree with that red-blue thing? >> i do.

it's so much bigger. all americans, when they see faith being used to preach fear and pulpit being used to teach ignorance and prejudice, i think is there not just a bipartisan but national reaction. our nation was founded on the concept of inclusion and equal equality and opportunity. and duggars violate the core that make ss america exceptional. >> that's where they went wrong with some americans where they're outspoken about gay rights and same sex marriage and think it's biblical thing and alienated a lot of people because of that. that's not the only one but others. >> and what i care deeply about and passionate about, their issue not that they're opposed to gay marriage and not suggest suggesting they don't marry other people they don't want to. their position is to deny other people that opportunity. >> that's a biblical thing. they're following their christian beliefs. >> they can follow their beliefs and can't impose their beliefs

on the rest of society. 60% of america supports marriage equal equality. >> they've been evacuates for their position advocates for this position. >> warmongers on that position. josh duggar belongs to a hate group called the family research council. >> that's matter of opinion. tony perkins runs that group. >> that's fair. >> he is an advocate for strong christian principles in the bible. and i realize others see that as nothing but hateful and where the zimmers -- duggars, you're a zimmerman. where the duggars fall. the question is whether they waive the right to make the case for their values when they have sinned themselves in the past because i understand the other argument which is if that's the case none of us are going to be able to say anything. >> they lose credibility when they use their sleblt to demon demonize people they disagree with. when michelle duggar refers to transgender individuals as

pedophiles and josh duggar from the family research council says the same equal rights all americans have that the gay and lesbian community seek to have. >> i asked michelle duggar asking about suggesting transgender are -- how could you do that when you know what you know? she stuck to it. basically said that is a risk. that's a scary thing and people needed to be alerted to it. niece are genuinely held belief beliefs. it doesn't excuse the preaching in people's minds. they were waiting for a moment they could fight back. >> it doesn't excuse their generally held beliefs. they are very sincere in their ignorance and prejudice and bigotry, that doesn't make it sep acceptable doesn't mean we should tolerate it or accept it. >> it seems to be getting to a fever pitch now. i'm sure you had this position before the scandal broke and now that the scandal has broken people sense an opportunity,

bring the duggars down. >> that's a fair point. a lot of people who have listen listened to their preaching and watched their showings and some believed in them and resented them now see an opportunity to take on their conduct andhim -- hypocrisy. >> good to see you. >> i call my husband, mommy's going to see duggar. excuse me? >> and the release of the story that broke nationally. for the first time we will show you what the judge said on this matter. then why do some on the left love to hate this family? some answers to this question are next. >> the fact that they should be brought down by these truly moralist christians all over the world should be saying well we need to divorce ourselves from

anything that has to do with the duggar family because it's so grotesque. your credit is in pretty good shape. >>chuck, i know i have a 798 fico score thanks to experian.com. kaboom... get your credit swagger on. become a member of experian credit tracker and find out your fico score powered by experian. the real question that needs to be asked is "what is it that we can do that is impactful?" what the cloud enables is computing to empower cancer researchers. it used to take two weeks to sequence and analyze a genome; with the microsoft cloud we can analyze 100 per day. whatever i can do to help compute a cure for cancer, that's what i'd like to do.

while conservative christian christians do sometimes get a little roughed up in the public square what has happened in the duggar family in the last couple of weeks may be without precedent. some folks have now gone beyond reasonable questions about faith and parenting and now really just angry.

watch. >> this sounds like very nice people but denial and a very insulated family and community where they're kind of like -- they want to keep the everything everything -- this might happen in our community, let's not do anything about it. i don't know. it seems they do care about the children. >> the mom was clear there. >> the problem started when you start sellcelebrateing people sheerly because they pumped out 19 kids. the fact they were made to be secular heroes and going on these morally based evangelical speaking tours now this is fact they should be brought down by really truly moralist christians all over the world should be say saying we need to divorce ourselves from anything that has to do with the duggar family. it's so grotesque. sexual abuse happens all over the world and unfortunate part of the human experience. to cover it up clearly an orchestrated act of not only the family but the law enforcement in the town and the local

government. government. >> joining me now, dr. robert senior pastor of the first baptist church of dallas. fox news contributor. good do see you. is there any question in your mind the fallout here for the duggar family is bigger because they are so outspoken on their christian beliefs? >> megyn, that is one layer of this story, but frankly, it's not the primary layer, i don't even think the duggers would say it's the primary layer. we cannot diminish the fact real abuse took place against these girls, serious abuse. josh admitted that. he has received his sister's forgiveness and god's forgive forgiveness and while god's forgiveness erases the eternal consequence of our since doesn't erase the current consequence. people still go to jail and sit in the electric chair. josh is experienceing the temporary consequences of his

mistake mistakes. putting that aside, the truth is the left i think, is using this trag for its own agenda. if only perfect people can speak out against moral principles nobody is going to speak out which is what the left once. just because somebody falls short of a principle. >> my last guest, if you waive your right to condemn any behavior because you yourself have committed bad behavior in the past i won't say anything to anybody ever again. many people in this country would say, good keep your judgments to yourself! >> that's exactly right. look if josh were at the family research council now as a 27-year-old and was molesting children right now, yes he would be a hypocrite. what's really hypocritical to me is democrats and republicans, adult government leaders say they love women for women's rights or say they're for family values and having affairs and abuseing women that is hip pokypocrisy

on both sides of the aisle. in this case everybody defines what josh duggar did as wrong, grossly wrong. that's where the hipypocrisy charge comes in. he then ascended to a quote moral perch, where he passed judgment on other people's lifestyles. on other people's -- on people being gay and being lesbian. they felt attacked unfairly and are looking at him, think thinking who are you to lecture us? >> well i understand that megyn. but if we're all honest tonight, we all would have to say we have episodes in our past that we hope never turn out as the opening story of the kelly factor. i just remind myself of what cs lewis said to be a christian means to forgive the inexcusable in others because god has forgiven the inexcuseable in us. that kind of puts things in

perspective. >> i don't know that show you're referring to. on "the kelly file," i would never put anything bad about you and certainly i don't know what you're talking about. i don't have anything in my -- oh well time's run out. great to see you doctor. >> thanks megyn. up next more of usthis and this will be relevant to what we've been seeing in the press lately. more of the sit down with the duggars. you have not yet seen this clip more of what the parents have to say about suggestion of a cover-up. we'll do fact checking on that next. >> in looking at what's been released about your story, some people have said why did they wait? why didn't they go to the authorities or go for the counseling at the very first time he came to you? >> as parents, you're not mandatory reporters. the law allows for parents to do what they think is best for their child.

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"in touch" magazine which broke the story of the duggar family past pushed back today on some of the claims jim bob and michelle made in our interview. in particular when the police finally investigated this matter in 2006 that their family fully cooperate cooperated. the magazine points out a police report from the time shows that josh never sat for a police interview. we touched on that yesterday in this as yet unseen clip. i asked the parents, after they sent josh away for treatment and he confessed his behavior to a state trooper back in 2003 how the story resurfaced with police three years later. >> what happened was this was not necessaryily a secret back when it happened. after we sent josh away all the people in the community knew that we sent josh away.

they knew we had more struggles and may not know all the details. we confided in a close friend and somehow it leaked out a friend told a friend who told a friend and somebody was kind of out to get us and thought, you know this family is -- had this -- and not everybody knows about it. i want to try to expose them. it was a very painful thing. that's what happened. so at that point we got a call from the state police and said hey, we have a tip that this happened in the past. and we were able to share with them you know what we have already gone down to the police station and shared all that with the officer. and nothing like that has ever happened since. >> then you all went and sat with him. you two gave interviews. >> they said we want to meet with you. the process, they say, we want

to meet with you for a few minutes and we met with them and said we want to interview all the kids. we said we have nothing to hide. this had been three years before and we already had taken care of all this. they said well can you bring the children down to the child's safety center. we said yes we'll do that. we took all our children down to the child's safety center? including josh? >> not josh. josh was 18 at the time and not a juvenile anymore. this was three years after this happened. all the children down to the child's safety center and let them share everything that's ever been done in our family. they asked them all kinds of questions. >> you two sat for an interview with them. >> our children poured outside their hearts to them and shared everything. >> the authorities said all this would be confidential everything a child says is confidential. >> did you provide those reassurances to your daughters, the victims? >> we told them whatever you tell this will all be confidential. you share everything. they did, they shared what josh

had done how it was handled and nothing had happened since. so then they -- the process is typically they open up a family in need of services to kind of supervise the family for a period of time and then you go before the judge, the judge reviews it all. at the end of all that as a matter of fact the people in the system said you know what this was a bad situation back in '02, '03, when josh just turned 14 going on 15 but you guys handled this better than most families. >> department of human services said that to you. >> a lot of the people in this system stayed we've hardly ever seen a parent go and have their son go and turn himself in to the plays. then they said we didn't realize but because that report was made back three years before they said the statute of limitations has run out because it was the police responsibility to take action on that on a confession.

because they didn't do that they said you know what everything was taken care of this is over. it seems like you the parent have gotten counseling and done everything that needs to be done for your family. >> did josh go in and speak with the authorities at that time? >> josh actually went to court with us and the judge talked to him sternly about what he had done and, i mean burned in his mind never to go down that road again. >> was there a fear then? i'm asking not with judgment whether he spoke -- >> this was three years later. >> was there still a fear at that point whether somebody would charge him. >> at that point we didn't know if he would be charged or not and didn't know the statute of limitations had already run out. he had already confessed it three years before. >> any time it was brought to a

place he was shareing, he didn't cover anything. he was telling what he had done. >> then in 2007 josh sued the department of human services. what happened there. why? >> well eventually that was just a-in arkansas they had his records and they were there and he wanted to make sure all that was sealed and kept in confidentiality. >> it didn't work out so well. >> it didn't work out. >> so was it legal for police to release the duggar family files when they were supposed to be confidential? for the first time see what a judge in this case has to say. next. >> i'm not sure how that "in touch" magazine knew to contact that particular law firm. i think there's something that's going to come out. in if you can't put a feeling into words, why try? at 62,000 brush movements per minute philips sonicare leaves your mouth with a level of clean like you've never felt before.

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fresher dentures... ...for those breathless moments. hug loud, live loud, polident. ♪ ♪ there was also pushback today on the duggars claim that the police report detailing josh's behavior was improperly released. the city attorney of springdale who authorized the disclosure here said in a kelly file tonight that the report was not under seal or protected by law. he says josh while a minor, when he committed these acts was 18 at the time the police investigated his behavior. the duggar family says that's nonsense saying the records were protected. it turns out a judge agrees with

them. "the kelly file" confirming that an arkansas juvenile court judge, stacy zimmerman has issued an order sideing with the duggars finding the release here was illegal and that these records should never have been produced. she ordered the police to destroy any remaining copies. so the judge says one thing, the city attorney says another. who's right? joining me now, arthur aidala fox news legal list and criminal defense attorney and also a criminal defense attorney and former prosecutor. mark who's right? >> the judge is right. arthur is wrong as always the judge is right. >> it's not about arthur about the city attorney. >> but i know what arthur is going to say, i know how he think thinks. the statute is very clear. go to the arkansas code 928.217. it makes it very clear any reports or memorandum or correspondents concerning juveniles shall meaning must not be released to the public. there are a number of exceptions and in"intouch weekly" is not on

the list. i'll tell you this. the investigation didn't start when he was an adult. it started when he was a juvenile in 2003 when he walked into the police station and confessed his involvement in these abhorrent offenses. >> they seem to be relying on the fact that at the time they finally got around to investigateinur for his juvenile acts he had reach reached the age of 18. >> that's not -- that is what -- that is what they're saying they're relying upon. i would like to go back 48 hours ago where mark was saying this was such a black and white, clear cut issue- -- >> the judge said it was. >> wait until i get to the victim. wait until i get to the victims, arthur. >> it's not a clear cut issue. the judge has ruled in this particular case in favor of them. however, your honor, miss kelly, what will tell you is this -- >> don't suck up. >> there is a clear opinion by two different attorney generals of this state that says when a juvenile is not arrested not detained or not charged, those

records are not automatically sealed and those records are subject to a freedom of information act. so if you're not detained and you're not charged, you're not protect protected. the public policy -- >> but the law says exactly the opposite exactly the opposite. >> if you're the state attorney- -- >> let me say something else. >> go ahead, mark. >> let me hit you with this arthur arkansas code section 1690 -- >> quote as much as you want counselor -- >> let me say for the audience this is actually important. this is the section of the law that deals with protection of victim victims. >> yes. >> look at it. a law enforcement agency shall not disclose to the public information directly or in indirectly identifying the victim of a sex crime. and mark is -- did that happen here? >> yes. so here's the question. we know from your interview that neither of these victims came

forward and said i was the one, i was the one who was victimized it came forward because from the reports, while they did redact certain details, the identity of the victims are clear. before arthur said no they didn't put the names in it would be comparable to saying i don't know who committed a crime in arkansas last night, however, she follows o'reilly and her last name rhymes with jelly. >> that's exactly right. you read the police report arthur it is very clear. >> you know what's very clear, your honor, what's very clear my client state attorney or police chief got a foil request, they went through their archives and they found opinions from two deficit continuals. sattorney generals. >> no one said you could release the records of victims. >> you have to do that if it's redacted to redact the appropriate documents -- >> the law says you cannot in indirectly even indirectly identify a victim. every one knew who the victims were when that report was released and that is wrong.

i don't care how you feel about josh duggar i really don't. nobody has sympathy for what he did but the girls in this case arthur have been victimized twice. >> the law also says you have to release the arrest reports -- i'm sorry, the police reports if there's no arrest or detention. they have to. they have to. >> it's not true. that's why the judge said don't release it and destroy the remaining reports. where is the concern for the victims? i don't understand this. >> the concern for society wanting to know what he did. that's what a foil is all about. >> doesn't get to know about little girls that get molested by identity. that's what happened here. we know who they were see this interview i had with the girls tomorrow night you will feel differently. those girls feel extremely victimized. >> i'm not arguing emotion but the law. >> it's behind the law. >> to let people know who's doing what. that's what foil is all about, not to conceal these things. >> this is an easy debate for me. >> then why does the law as written -- put it back on the board so people can see it why

does the law say specifically you may not -- look you shall not disclose to the public information that directly or in indirectly identifyies the victim of a sex crime? >> it does to it protect them so they don't abuse -- on their own terms to come out and let people know. i believe that they knew this statute and they thought about it and they said like us you know what screw them. let everybody know about it. i believe that. >> from the arkansas state attorney general when you get these requests you have to disclose it. >> i will concede because i looked -- >> don't you think it could have been redacted better? >> i want to hear judge kelly speak. >> now, having gotten neck-deep into the law in arkansas on family matters, i see there are all these state attorney general opinion letters that are conflict conflicting. i don't understand how that affects the law we just put on the board that says you may not directly or indirectly identify

victims of a sex crime. that could not be clearer. >> no way around that. >> nor do i understand arthur how any judge could say a kid who commits crimes when he's 14 years old, who doesn't get investigated and mark has a point, maybe the investigation began in 2003 but the cops don't get to a full throat investigation until he's an adult, all of the protections are gone? so if you commit heinous crimes when you're 12 years old or 8 years old they investigate you and cops don't catch up to you until you're 25 it's fair game. >> it happened to the skakel family in connect connecticut. the kennedy family member committing a murder at 15 years old, and the judge ruled he could be charged as an adult and his name was out there. murder at 15. >> that's different. he was charged as an adult arthur. that's different. >> he was in juvenile court initially. >> objection. move to strike.

>> i don't know whether we have cleared anything up. >> what we cleared up is it's not such an easy decision like it was two nights ago. there are two opinions from an attorney general that makes it a closer call than we try to tell everyone it was the >> but listen -- >> that's it. the dug gars have an order from the judge. guys thank you. we've been discussing the duggar daughters. that's the piece of this case that fires me up because i've spoken with t them and up next you will hearhe from them as well. a shortav preview of tomorrow night's show.th >> you are going on the record as being two of josh's victims. does it feel strange to use that word?

how can they do this? they can't do this to us. >> and yet they did. >> they did. >> it was set up to protect kids. both those who make stupid mistakes or have problems like there in their life. and the ones that are affected by those choices. it's greatly failed. >> tomorrow night, perhaps the most powerful part of my exchange with the duggar family. as josh's sisters, two of them jill and jessa, speak out for the very first time about what josh did to them how they feel about their brother today, and why these two young women decided to go public. listen. >> you are going on the record as being two of josh's victims. does it feel strange to use that word? >> you know i think we didn't

choose to come out and tell our story. this wouldn't have been our first choice. but now that this story has been brought about, we really feel like as we've been seeing these headlines, as we've been seeing things that people are saying about our family we feel like as victims, we have to come out and speak. this is something, like we chose to do. nobody asked us to do this. jess and i were talking, we were like oh my goodness most of the stuff out there is lies it's not true. for truth's sake we want to set the record straight. >> they will attempt to do that tomorrow night when our full interview with jill and jessa duggar airs 9:00 p.m. eastern right here on "the kelly file." up next why this story is doing some good in the country.

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