i am bill o'reilly. please always remember this spin stops right here because we are definitely lookinging out for you. breaking tonight, big news out of baltimore. the kelly file has learned that the police crackdown that led to the arrest and subsequent death of drug suspect freddie gray was directed by district attorney marilyn mosby, the very woman now prosecuting six police officers with what was an attempt to comply with her orders. this is a stunning development in a case that has spark aed rye rots protests and apgry debates all the way to the white house. she had publicly said these cops had no business chasing freddie gray and placing him under arrest in this drug infested

area accusing them of an unlawful arrest but today, the kelly file got its handsen on a blockbuster document. an e-mail from a staffer in the da's office to the baltimore police less than a month before the freddie gray incident, directing the cops on behalf of the pross to crack down on the area where gray was arrested by quote, enhancing their antidrug push there. the order was then passed along to the beat cops, get those drug pushers and you will be forced to account for your success daily. off went the baltimore pd and on april 12th they arrested freddie gray on virturely the same street corner she wanted them to target. gray would later die in police custody and become a new flash play in a campaign against some of america's cops. trace gallagher has the very latest on what we have learned

today live in our west coast news room. >> the reason the state's attorney asked police to target the area was because she had received a series of pictures showing various drug deals going down at the intersection. her office then sent an e-mail to a western baltimore police commander quoting the state attorney asking to look into community concerns regarding drug dealing in the area. three days later, the police commander sent an e-mail to several of his officers saying effective immediately, you will conduct a daily narcotics initiative initiative. that's the exact address where gray was arrested and one of the officers who got the e-mail was lieutenant brian rice who was involved in gray's ais and is now charged in his death. defense attorneys for the officers charged say mosby was directing these officers to one of the highest crime intersections in the city of baltimore and that says it puts

her in a bit of a bind and here's why. initially, she alleged that gray's arrest was illegal because the knife he carried was legal. turns out the city of baltimore, the knife is is illegal, so now, she claims gray's arrest was illegal because quoting again, mr. gray was arrested well before the officers knew he possessed a knife. but the supreme court has ruled that instead of probable cause, reasonable suspicious is enough to stop an individual who flees unprovoked in a high crime area. now, in light of the new e-mails, it would now be difficult for the state's attorney to argue the corner of north and mount was not a high crime area. defense attorneys are asking mosby to recuse herself from the case. her office has up to now refused to step aside, calling the defense desperate. >> thank you. joining me now with more, arthur the new york trial

attorney and fox news analyst and mark eiglarsh. to me this is highly relevant. she, she dwaif the order. she's one who told them get in there. get to this specific corner and start cracking down on those drug offenders, so they did. and now, she's charged forget the guys who dealt with freddie gray when he was in that van. what about the arrests she made of the arresting officer who apparently according to this, was doing what she told him to do. >> which now makes her a part of the narrative, right? now, she's part of the story. if you're defending these police officers and you're giving your opening statement and you're talking about why are they there? why are they in this location? she is now part of that narrative and here's the thing legally. there's recusal, which is kind of a choice. kind of a self-regulating thing,

then there's disqualification. that would mean hypothetically let's say she represented one of these police officers before she was the district attorney or states attorney. she would be disqualified because she has a clear conflict but one of the factors that goes into disqualification has to do with finances. is is somebody influenced by finances? her husband, who is also the cold breadwinner of the family. if she did not charge anybody in this case there would be district financial ramifications to her household to the bread that's on her table. >> i don't know if they've got her on that, mark. >> it's that combined with the story you just broke, combined with her statements after the arrest, combined with her relationship of the deceased all of that together does not give the defendant the pure prosecutor they deserve.

>> i don't know mark what do you think? >> okay. you and i have both agreed on how she probably should take herself off the case because it just looks bad. >> i have agreed she has behaved inappropriately. that's what i said. >> legally, however, this one instance you and i part company, you're very passionate about her, the office's misbehavior yor by sending out this memo. i don't see it. let me explain why. >> i'm not saying anybody misbehaved. i'm saying she's got some nerve, going out there and challenging an arrest. you and i both know the supreme court cases illinois versus wardlow, the supreme court held that a cop possesses reasonable position to justify a stop when they see an individual flee unprovoked in a high crime area. that is what she said her arrest of the arresting cops here is based on. the fact they arrested freddie gray because he fled unprovoked

in a high crime area. this proves she knew it was a high crime area and was encouraging arrests. >> okay two issues there. one, the fact she's encouraging arrests at that corner just sends the cops there. i don't even think it's that relevant. >> sends them there to be aggressive. >> let me get my thoughts out. give me a moment. thank you. the fact, the question is what did they do when they got there? did they arrest someone unlawfully? use excessive force and cause this tragic demise? that's the issue. the second is whether it's a high crime area. >> of course they're not. they can't. >> right. they're the boss. why do they have to -- mark, you're making my point. my point is now the prosecutor, the chief prosecutor is part of the story. she's part of the opening statement. i am going point to the table

and say ladies and gentlemen of the jury their boss sent my guy to that location to clean up the open drug ring and when he made an arrest that she's saying is illegal, they're saying we had absolute cause to make that arrest because the it's a high crime area. here's the e-mail, ladies and gentlemen of the skrurjury i have it in my hand. >> not just that, but it was forwarded by her office to the superiors of the very offices in this case, includinging brian wright, who received the order and was told to begin a daily narcotics initiative right at this corner. and suggested that they would be collecting daily measurables on the progress made by these cops in cracking down on the drug dealers. what does he say happened here? he says that freddie gray uz engage in what was perceived to be illegal drug activity.

that a chase took place. that they then placed handcuffs on themful the cops are going to deny that was an arrest. they're going to claim the arrest came after the knife, which what she agreed to originally. she also said the arrest took place after the knife was found initially when she announced these charges and only when as you pointed out, mark she was wrong about the knife. that was disproved. she got proven long. she was like oh, forget the stuff i said about the knife. now, it turns out she told them to go after guys like this. >> well two things. one, that false arrest charge i thought was bogus and she lost all credibility with me on that day, but the fact she said go to that corner because there's a lot of crime there, in no way then somehow exculpates like the defense is suggesting meaning showing they're innocent because she told them to go there. she did instruct them to use all means necessary including ignoring the constitution and arresting people. i'm not saying they did that.

>> what is even the argument? if you make the eye contact and they're going testify he ran after seeing a drug transaction, an given the u.s. supreme court case, how? how does this case get past motion practice? >> it doesn't. it's there. >> mark, let's end off a agreeing on something. wouldn't you agree that it would be in the nation's best interest if there was a prosecutor in charge of this case who's -- >> that's an easy issue. of course. >> just addmit it. >> can i tell you -- i disagree with both of you. i disagree with both of you. i don't think it disqualifies her. but i do think this is a very helpful document to the defense of the charges and basic of the arresting officers. >> this judge will see exactly what the defense is trying to do which i commend them for, but will not allow this office to get off the case because the defense is creating -- >> you're defending -- i'm with

you on that. i don't think it disqualifies her, but it's a very helpful document for the arresting officers. >> it is creating -- >> i do not believe legally the judge is going to make -- >> we'll say otherwise. >> now, we're just going around. >> we have breaking news tonight on that cop getting national attention after he was accused of excessive force. he has just resigned but may still be criminally charged. sheriff david clark is here next on why that matters to communities across the country. plus, the man hunt for two dangerous killers has become the biggest story in the nation tonight and it may be close to over. we'll speak to a former federal marshal with margs on this case. and why that is significant. don't miss mr. hume tonight.

plus jerry seinfeld sounding off on what he thinks is wrong with kids today and this is no joke. >> i hear a lot of people telling me don't go near colleges. they're so pc. think just want to use these words, that's meet the world's newest energy superpower. surprised? in fact, america is now the world's number one natural gas producer... and we could soon become number one in oil. because hydraulic fracturing technology is safely recovering lots more oil and natural gas. supporting millions of new jobs. billions in tax revenue... and a new century of american energy security. the new energy superpower? it's red, white and blue. log on to learn more.

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the mckinney texas police officer in the middle of a controversy over excessive force and alleged racism has just resigned. he was caught on video drawing his weapon on a group of teens then taking down a young teenage girl as he responded to a disturbance at a pool party. while some backed the police response and said the kids were the ones out of control, the police chief tonight described this officer's actions as quote indefensible. gl our policies are training our practice do not support his action. he came into the call out of control and as the video shows, was out of control during the incident. >> sheriff david clark is the sheriff of milwaukee county. good to see you. so now, he has voluntarily

resigned, which means he can get hired some place else, which people are objected to and some are calling, including the young woman, whose knee he had in her back is calling for him to be criminally charged as are others. do you think he should have been allowed to voluntarily resign? >> that's up to him. i find it highly unlikely he'll get another job in law enforcement. he'll have to undergo a background investigation. when we hire we do a thorough vestinvestigation and he'll have to say where he worked and with this case now nationally this mc case, it would be unlikely people would want to take him on. >> how about criminal charges? >> i saw the video, watched it several time but that's only part of the entire incident. however, what i saw tactically, i had a huge problem with. some of the things that that officer did. he lost his head. he lost his cool. he didn't keep his wits about

him. we demand aur officers keep their wits about them in these volatile situations. you saw how chaotic he was, but he didn't do that. i heard the chief's comments it was outside of their policy but that doesn't mean it's criminal. >> what in your mind was worse? drawing his gun on a bunch of teenager which can lead to very bad things as we've seen or what he did to that 14-year-old girl? >> well i don't see this as a -- i find both of those actions highly problematic. he draws his weapon. he's got to articulate that the reason why and i didn't see it there. but i wasn't on the scene and i want to make that clear, but he already had the girl on the ground. then he was trying to turn her over for some reason he was highly agitated and that contributed to the unfortunate that he lost his wit, but as far as a criminal charge i don't see it surviving to the level. >> what will happen if he gets

charged charged? we saw the baltimore police get charged and now, they're pushing to have this cop charged. i mean is that appropriate and is that sort of where we're going to go with these cops who many people feel are out of control? >> well no if it doesn't meet the elements of the crime and you know what that is. with your background in law. but if they're doing it to satisfy an angry mob and people looking for blood, that's the wrong thing to do. you don't use the criminal justice in that fashion. and if he gets charged because the prosecutors can certainly charge him and the police department can take the charges over to the district or state's attorney and get a charge issued but he'll go through it just like anybody else but i don't see how that serves anything at this point. >> they're calling, saying this is about race. some are saying it's about race and today, we heard a statement from a man, reverend ronald

wright from justice seekers in texas, who said the following. >> we're setting the stage for a terrorist attack in this country and the group is not going to be ois is it's going to be usis. us against these injustice law officers and people continuing to allow racism to go into this city. >> thoughts on that. >> well, justice seekers you said the name of his group was. how about revenge seekers it sounds more like to me. there's no need for people to engage in hyperbole and that's all that was. we have these incidents, i think the system within the american police profession does a good job of self-correcting. we need to identify those people who aren't a good fit and get rid of them, but the rhetoric coming out, that's over the top and it doesn't serve anything either. >> in the wake of the attack we've seen cops getting shot in

the face. an attack is is coming against these unjust law officers. it's a little insind yar, reverend. good to see you. >> thank you. >> it is literally door to door the machine hunt for two dangerous kill rs and these are bad, bad dudes. a former u.s. marshal is here next with information now on getting these men back behind bars. also a series of threats have lawmakers and reporters scrambling in washington today. james rosen was as he always somehow is is in the middle of it all. and then are you sfims sometimes afraid to stand up for yourself especially when dealing with powerful people? cosmo magazine has some tip, including some from yours truly. i have new, we're not only

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so there is an intense manhunt now. >>'s like finding a needle in a hay stack now. >> vicious animals under lying charges are the homicide they're doing time on dismembering bodies throwing them in the river. boon boon county sheriff murdered an run over. >> they have nothing to lose right now. >> that is what i fear. andr cornered,xd withw3 possible sightings out there, a lot of leads coming in but there is tracking of different things. we've dedicated our resources to these. >> the focus is turning to this woman who works inside of the prison, who they believe was working with these guys. joyce mitchell

the woman at the center of the report. they claim there is one source reportedly claiming she planned to pick them up but did not. this is the woman they're talking to, i imagine? >> yes. i can't confirm or deny they've had conversation but let's say she did help. what did she do? did she make calls? do something on the outside? >> give them the power tools to get through concrete? >> right. a lot of construction going on inside of the prison. and you know so i'm sure that they started sawing when all other saws were going off. >> they didn't wake up friday morning and say let's cut through two feet of brick and saw a man hole cover and escape. this has been going on forever. >> with all due respect to the guards it's a major failure. >> yes.

true. well they're looking at all of that. >> how often does this happen? a prisoner woos an older female worker? >> how often? i don't think it happens too often. again, these are all allegations i don't know whether or not it's a fact however, you know if she did, let's go down that road. again did she meet someone to the outside? did she bring money? cell phone? did she provide equipment? >> do you think they're going to get them? >> i know they're going to get them. we're pretty good at what we do. >> let's hope your right. >> bomb threats sent reporters running on capitol hill. and i mean every story is like waldo. like oh there he is. what he says this was a historic

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from the world headquarters of fox news it's the kelly file. with megyn kelly. >> two big security scares in washington today. first, a suspicious package forced the shutdown of a hearing on capitol hill, then a bomb threat led to the evacuation of the white house press briefing as it was underway. fox news chief washington correspondent, james rosen, was in the west wing at the time and just filed the report for us. >> good evening.

mark of cbs news who has covered this place since the ford era said he could not remember another instance when an ongoing white house press briefing was cleared out like this and ironically josh earnest was just in the middle of describing another threat cyber threats, when the secret service appeared at the briefing room door. >> agencies across the administration understand that these kinds of threats are real. and require the attention of the senior leader, senior level officials at each of these agencies. >> we'll come back. >> it turned out a bomb threat specifically targeted the white house briefing room, had been

phoned in to washington police. i was actually the last person out the door. a cluster of secret service officers told me the entire west wing had been evacuated, but the white house later said only the press area and lower press had been evacuated. the president remained on the grounds. >> josh you said you were evacuated, but you just went in your office. >> that's correct. i was evacuated from this room. >> can you tell us how close your office is? >> not far away. >> it's hard to imagine why a bomb threat wouldn't affect the rest of this west wing complex. it's not a very large complex. >> it's not, but i can't account for that. >> and josh earnest could also not account for who went through the briefing room while it was cleared out and pointed our cameras as the ceiling. >> it was one of those smart bombs. just get the press. just them. then the press complains when they're trying to protect them from a bomb. you can see both sides. in other new, lots of

attention focused on "the new york times'" recent treatment of florida senator and republican presidential candidate, marco rubio. today, the paper went after the senator's financial history in a story entitled struggled with finances tracked marco rubios career. this comes days after a report on his four speeding tickets over nearly two decades. he did it. a report slugged rubios on the road has drawn unwanted attention. isn't it always unwanted when they pull you over? joining me now, brit hume. not only is is he a crappy driver, but so is his wife. 13 tickets for her. >> which races a pretty good question if he had four speeding tickets in 18 year why they bothered to do the story. now, i was in here for fox news sunday and "the new york times" was in here and the subject came up she defended the story saying it was done kind of

tongue and cheek. that's not how it read to me, but i think what "the new york times" may not understand is there's some history here and it dates back to a lot of thing, but most conspicuously, 2008 when the times did a very very cheap shot at john mccain in a story that unmistakically suggested he was having an improper relationship with a female lobbyist and she received some things in return for that. the times was sued by the woman in the story and ended upset ling it with a peculiar statement, we didn't mean to imply there was any improper relationship. people haven't forgotten this. it was bad business and the times acquired kind of a reputation for that and these stories are seen in that light. >> however, the piece on rubio's finances it talks about how he struggled with debt after college and law school. hello? i can relate to that. i think a lot of people can. but isn't it fair to vet the

financial history and habits of somebody who wants to hold the highest office in the land? >> yes, it is fair and i don't have a particular problem with this story, except the times may have poisoned the well a bit by saying rubio built what they called a luxury speedboat, which turns out to be a fishing boat. >> when i read that this is what i pictured. something that maybe judge judy would own. it's nice. then his team sent out the real picture. >> not exactly. >> what i thought of when i heard that this might be one of those cigarette boats that george h.w. bush used to so love. this is nothing like that. >> but it cost $80,000 and he blew 10% of the $800,000 he earned on his book and he himself said it may have been imprudent and he was just fulfilling a dream.

>> big deal. >> that's what they want us to get upset about apparently. >> i guess. but you know what i would say is these things are fair game. the market is is fair game perhaps if it amounts to anything. this is amounted to much ado about not much and the finance story was more substantive, but give b what the times has done in the past it has a burden to carry. it's got to be careful with these things. let me tell you something about "the new york times." it remains a great newspaper and it has been for a long time. one of the best on earth. years ago, i had a conversation with abe rosenthal and he said to me at the time in a remark that i found totally puzzling, he said when i'm gone, i want it to be said of me, he kept the papers straight. well the times was so straight in those days, this was the '70s, that i couldn't imagine anybody thinking otherwise. now, we know. he was apparently holding back a tide and since he's been gone the tide has gradually been i think unleashed. >> that's interesting.

wow. thank you. good to see you. >> you bet. >> well, if you are a parent who wants their child to excel, have we got a tip for you. just ahead, details on a school district that has more than 200 valedictorians. amazing how they did it. plus see how our exclusive interview with the duggars has impacted the debate over how the media oh no. who are you? daddy, this is blair

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new reaction is is pouring in after the interview with the duggar family. it's fuelling a new debate over the treatment of outspoken christians. dana lash accused the duggars of seizing on the scandal nrd to silence them and others. >> if you want to talk about fear mongering and hate mongering, which isn't a substitute for thinking differently of being of the faith, you have to look at the head of mozilla who was driven from his job. the robertsons any christian in pop culture is e vis rated by the left if they hold a position of faith on a social issue and this is just a vehicle through which to further christians. they're exploiting us. >> joining us now, mary catherine hamm. they have teamed up to write this book. end of discussion.

how the left's outrage industry shuts down debate, manipulate lates voters and makes america less free and fun. meaning less fun. great to see you both. so this is a new book and you guys both worked on it together and it cuts to the heart of some of these issues here. dana's position was not to defend the actions of josh duggar. it was to say the outrage is excessive and over the top against this family because they happen to be the one thing you cannot be, which is outspoken christians who oppose gay marriage. let me start with you on that. you were very open being a gay republican here on the kelly file and you've defended christians not in the duggar's position -- >> one of the examples we heard, the ceo of mozilla who he helped to found because it turned out he donates to proposition-8 in california which passed in a very blue state, holding a position that at the time was held by president obama as well.

this was determined a thought crime so agree jous that he could no longer run the company. not because of any discrimination but because of any actions he had taken, but because of his thoughts and that was one of the reasons we decided to write in a discussion because that is not the kind of country we want to live in. >> there was a lot of dislike for this family as there is for a lot of christian outspoken people. you know prior to their scandal, because the gay lesbian community generally feels what they're being outspoken about is heyatred and bigotry. >> it's sort of blown into disgrimt on an issue and turneded into only hatred and bigotry, when they're not necessarily interchangeable. that's something we argue for in discussions. we're human beings here we can disagree about certain issues. guy and i happen to be pro same-sex marriage and we disagree with many friends and

colleagues on the issue and we have the discussion all the time. so i think that's what people are responding to and i think there's another double standard here. watching the duggar story, just a human being who watched these young women grow up on tv, you have a heart for them and they were so well spoken with you. seems like people quick to parse the victim's words, in an age where we're so fast to be -- to victims in sexual cases even to the point of getting rid of due process. >> in this case people see the duggers down. let's talk about another story. which is you guys went to high school, obviously. you seem like well educated people. were you valedictorian? >> no, i was not. >> you should have gone to school in ohio because there were 222 valedictorians they got like 4.15. what is this about?

it's not about you being in the top 10%, now, you have to be number one. >> i can say this because i am a mill lineal the grandma of them so i can say to these whipper snappers one person should be the valedictorian. but goodness gracious. >> why can't we have a leader anymore? my kids, they're in preschool and i don't give it to them. >> 20% of the graduating class was valedictorian. >> it cannot be. >> i want to know how long this graduation ceremony is going to be and all valedictorians get to speak or do they pick one and in that case one special snow flake. >> this is what they have to learn to say. you're not the best. you're going to have to try harder. that other person took a harder ark p class than you and did better. any way, i'm just bitter because

i was also valedictorian, except for the 200 people. except for the fact i did not get into the communications club. i'm not bit ir. that is not the end of discussion. one more thing, jerry seinfeld sees the world as you do and like you guys in the book, is sick of the pc nonsense. listen here. >> i don't play conscious, but i hear a lot of people tell me don't go near colleges. they're so pc. they just want to use these words. that's racist sexist prejudice. they don't even [ bleep ] talking about. >> you young people. in college. you were there more recently than the rest of us. >> that is true but this is whey we wrote this book because we agree with him and not with those who want to police every element of speech and impugn motives. part of the subtitle is how this culture makes america less free.

it also makes america less fun. what college student does not want jerry seinfeld to show up and play. >> or chris rock, who has said the same thing. george carlin said the same thing before he died. you can't say anything otherwise, the pc police will come and say, it is the -- >> end of discussion. it's birthed on college campuses. weaponized in d.c., then goes all over the country and gets to police everything you're doing. >> not healthy. >> that is the end of discussion for now. it's a pleasure to see you both. good luck with the book. buying a new home should be an exciting time, but wait until dwrou see what drove one couple out of their home just a $2 million lawsuit. we don't often do these stories on "the kelly file." this we had to bring you. you need to grow a back bone. cause mow magazine has some and

they are from yours truly. >> is this what you do as a republican to make yourself feel ♪ (music throughout) ♪ sfx: (smash) sfx: (roar) ♪ sfx: (roar) sfx: (engine roars)

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so you buy a big beautiful home, you move in, and then you discover your new house is infested with black rat snakes. that's exactly what happened to a maryland family. trace gallagher has that terrible terrible report. trace? >> come on kids have their own bedrooms. mom had an office and the grandparents were a short ride away. jeff and jody brooks brought the home around christmas time intending to stay forever, until they realize they'd did not live alone. watch. >> they lived around the inside of the shell of the tub. and were able to go in the wall here. and then up to the ceiling to chase food. we found snake two which was

seven feet in length was living underneath the vent there. >> yeah. seven feet. and that seven foot black rat snake can slither through a space the size of a $0.50 piece. because no one mentioned the fact they would be residing with hundreds of snakes, the brooks are suing the retail for a million, but almost two times what they bought the house for. they claim the mom who is the previous owner somehow left out the part about the black rattlesnakes. the realtor has not responded but it appears she had an inkling the house was snaky considering the two previous renters are on the record saying it is a well-known snake house. the brooks family is now irate and a little depressed. here is mom. >> it's heart breaking for parents when you can't fix it. how do you tell your kid you can't go home? >> good news is, the black rat snakes are not venomous. bad news. they do like to live under your bed. snake expert says most homes in

maryland have them. and they don't know it. surprise, maryland! you've got snakes. >> i used to live in maryland our apartment that we rented was mice-infested. mice infested. that was bad enough. i didn't think to check inside the walls. why do they have to call it a black rat snake. snake is bad enough. freaks you out plenty. you don't have to go to black rattlesnake. i'm very disturbed. thank you for the report. we'll be right back with a little advice on how to improve your life. the beast was as long as the boat. for seven hours, we did battle. until i said... you will not beat... meeeeee!!! greg. what should i do with your fish? gary. just put it in the cooler. if you're a fisherman, you tell tales. it's what you do. if you want to save fifteen percent or more on car insurance you switch to geico. it's what you do. put the fish in the cooler! ♪ ♪ ♪ ♪

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the july issue of "cosmo" has a piece on standing up for yourself, especially against powerful people. it features yours truly, and a few familiar examples. is this just math that you do as a republican to make yourself feel better or it is real? i'll start with you, eric. what makes you dominant and me submissive and who died and made you scientist in chief? >> i do have news for you before i let you go. we're not only swearing we're drinking we're smoking, we're having premarital sex with birth control before we go to work and sometimes boss around a bunch of men. some advice in there about voiding victim hood as well. thanks for watching, i'm megyn kelly. tonight, more fall out from another unsettling night for people in upstate new york as police hunt for two escaped

killers. lawmakers are searching 30 miles from the clinton correctional facility after receiving a tip. david sweat and 48-year-old richard matt escaped from the facility last week. they're both considered extremely dangerous. sweat killed a sheriff's deputy while matt kidnapped and dismembered his boss. former house speaker dennis hastert pleads not guilty to charges he paid hush money. it was his court appearance since he was indicted last month. the alleged wrongdoing stems from his days as a high school teacher. i'm jackie ibanez. "hannity" starts right now. tonight, more fallout from the texas pool party video. >> we're setting the stage for a terr