Skip to main content

tv   The Kelly File  FOX News  June 15, 2015 9:00pm-10:01pm PDT

9:00 pm
i said it depends. no we'll interview him. that should be interesting for sure. that's tomorrow's factor. thank you for watching. please remember the spin here. definitely looking out for you. breaking only the, some of the oldest and most respected giants of american media. calling out the hillary clinton campaign tonight. for unacceptable behavior. this after the campaign bans a reporter allegedly because they did not like his reporting. although clinton says that's not the reason. welcome to the kelly filip, everyone. some of the biggest print media have only the issued a direct challenge to the clinton team. to better explain why they refused to let a fellow print reporter cover her campaign today. the latest dust-up, mrs. clinton has largely ignored since her presidential run was first
9:01 pm
announced. this weekend the clinton campaign relaunched her just launched campaign. and at her event in new york a reporter for the daily mail filed stories, pointing out that only a few thousand people showed up for the big event which she won't to characterize as a slightly more arrogant woodstock. 48 hours later that reporter david, shows up to board the campaign van and is told no way. the campaign says it was all because of a technicality although explanations have been conflicting. neither that report he nor the publications we just mentioned are buying the clinton camp's explanation. this is the editor for the daily mail and winner of the 2012 edward r. murrow award for writing and he is the reporter who was barred. thank you for being here. just so the audience knows, you were the pool reporter for the day. that's what we have to do when the clinton camp or any camp won't let us all go. we select one and that person is
9:02 pm
responsible for reporting for the group and that's the way it is always done. not so for you. this morning when you tried to cover her event, what did they tell you? >> well you know i got there when i was told to get there. 7:45 in the morning, i showed up in the parking lot and told them who i was and they said, no you can't come. i arrived in manchester last night admitted night and was told seven hours to show up for pool duty that they wanted a different person to show up. the pool in general is a very tight-knit organization. it is very loose but a tight-knit group of professionals and to a man and woman they all said no. the clinton campaign does not get to choose who covers them. >> correct. >> they don't get on control that. this is just one thing that she doesn't get on control. she wants press covering her. the whole goal for politicians
9:03 pm
is to have the press covering them. one thing is who will go in there and represent us. now campaign first they came out and them you're foreign press. and you said there's lots of foreign press and they've acted as pool before. >> that's true. the guardian afp, the french news agency. to say nothing of th several other organizations are majority or partly owned by foreign interests. that's a red herring argument. i think the real reason is between dinner time when they e-mailed me a confirmation saying you're the report he and midnight when they changed their mind they looked at the reporting and the daily mail is a dogged thorough reporting organization. and we don't tend to show up and do what we're told. we find stories our audience wants to read. >> explain the one about iowa in particular. that led to a lot of press coverage for her. >> sure. the very first else of any kind of press coverage was in
9:04 pm
leclaire iowa, it was a breakfast meet and greet in a coffee shop. the campaign spun it as this is spontaneous. she sat down and talked with people. they called one of those people afterwards and he told me that he was invited to come. he was pre vet asked then driven to the coffee shop as were all the parts panls. this was a cooked up panned event that was anything but unscripted. that of course, the story telling, that became the pattern for the clintons. this was the first one. and daily mail.com we broke that. to be clear, i have to just authorize, a gentle correction. i didn't say that hillary clinton's event on saturday was a slightly more arrogant woodstock. that's what one of the attendants said. i did tweet that i was embarrassed as a journalist to see how many rt reported on sunday only what the clinton campaign wanted them to. we have a duty to do more than. that i think the clinton
9:05 pm
campaign doesn't of a lot of tolerance for report here's stray outside the lines. >> what is your reaction to the reaction from the press pool is this the new york time, the "boston globe," the financial time new york daily news politico "washington journal," all joining in this statement saying we have not yet had a clear explanation about why the pool reporter for today's events was denied access. but any attempt by the campaign to dictate who was in the pool is unacceptable. it is open to any reporter willing to take part. they stand shoulder to shoulder to say to hillary's camp, no. >> well they should frankly. every reporter from every news organization. whether you like the clintons or not should stand shoulder to shoulder with us. it is really unfortunate that we have to be the story here. it is not about the daily mail or about me. bits trying to make sure reporters had the freedom to go to these events and cover them. this happened twice today. i came right over here from an evening event where mrs. clinton was the key note speaker held.
9:06 pm
i showed up and said i'm the designated pool reporter and i was told you need to leave. i find that unacceptable and offensive and i think most of my journalistic colleagues do as well. >> thank you for being here. we appreciate you coming on. >> my pleasure. any time. >> our next guest says there's no way this campaign would be dumb enough to ban a reporter for what he writes. this must be a glitch. rob, this looks bad for her. >> no campaign not just this campaign but no campaign would be dumb enough. >> the explanations don't make sense. >> it was very clear. >> no it wasn't. >> they made the point that he was not admitted to the white house press pool. >> first they said he was foreign press. they said the concern baltimore they're foreign press. he fought back and said there's at love foreign press and then they changed the explanation. >> his report was they were trying to follow process and protocol. this reporter admitted he was
9:07 pm
not yet because of a timing issue admitted. >> they have, no, no no no. they have a white house correspondent, francesca is a white house correspondent. she's been vetted. the only reason they're not part of pool is because they haven't received their pass yet. but the clinton camp only went back on that when the first explanation failed. you're telling never new york time politico "washington post," "wall street journal," "boston globe," they're all wrong? you know better? and all these organizations are wrong? >> i'm not saying they're wrong. the clinton campaign has no history of blocking reporters from the press pool. >> the obama administration of which she was a part does. there was a time when they were offering round robin interviews with all of the press and the one organization they refused to allow was fox news. guess what the pool did. they said you don't sit with fox. you don't sit with any of us. the pool sits together. >> we're talking about the hillary clinton campaign. she's been through many campaigns and the victim of a lot of press.
9:08 pm
they have no history of this. this is not the great left wing conspiracy. >> she has a history of not speaking to the press. >> next i'm sure they'll be calling for a congressional investigation and rush limbaugh will be calling for a special prosecutor. >> they are members of the press. ask no one is disputing that. i'm saying as one democrat as a supporter of hillary clinton that there was no history to show they ever have this practice of blocking the press pool. this is a logistics issue. this is great for those stoned on twitter looking for conspiracy. >> stoned? >> just the folks on twitter. >> not stoners. >> great to see you. >> good to be with you. >> don't hold will it against him. we might have a few stones. >> there was a dramatic twist to one of the biggest stories in the country as the head of an naacp group resigns after news leaks out that she was only
9:09 pm
pretending to be black. her parents are here live right after the break. and then whoa! did you hear joyce miller's story? the prison worker accused of helping two killers he is came was reportedly having sex with one of them and plotting to kill her husband and there's more. plus a pair of teenagers whose limbs in two awful shark attacks yesterday, hours apart on the same beach. a shark week expert is here and the possible connection between two incidents and what to look for in the water before you go swimming. he may know why this happened. >> there's somebody being attacked by a shark! >> i need you to calm down. i'm having a hard time hearing you. what access are you near? >> 55th street. >> 55th? >> yes, ma'am. i like my seafood like i like my vacations: tropical. and during red lobster's island escape, three new dishes
9:10 pm
take me straight to the islands. like the ultimate island seafood feast, with crab, lobster and jumbo shrimp. all you have to do... get here while you still can. you wouldn't take medicine without checking the side effects. hey honey. huh. the good news is my hypertension is gone. so why would you invest without checking brokercheck? check your broker with brokercheck. when you're not confident your company's data is secure the possibility of a breach can quickly become the only thing you think about. that's where at&t can help. we monitor network traffic worldwide, so we can see things others can't. mitigating risks across your business. leaving you free to focus on what matters most.
9:11 pm
9:12 pm
new controversy surrounding naacp leader rachel dolezal. earlier today she resigned from the chapter in spokane, washington after she was caught in an apparent lie. pretending to be african-american when in fact
9:13 pm
she is caucasian. her parents are here to speak to the kelly file. first the dramatic way this story unfolded. >> rachel dolezal still hasn't addressed the allegations that she's been lying and calling herself black, nor as she apologized. instead her resignation, they say she is becoming too much of a distraction. many issues faceless that drive the theex urgency. get dialogue has unexpectedly shifted internationally to my personal identity in the context of defining race and ethnicity. her parents shea she is german and czech. now her adopted siblings who are part black are also calling her out. listen. >> she took me aside when i was over there and told me to make sure that no one found out where she was actually from. for me not to blow her cover.
9:14 pm
>> dolezal teach as class at eastern washington university called the black woman's struggle. she once told a student that being a black woman was a burden. that it is so strong in a white community that you have a sense of being on display. but she also once reveal her struggle as a white woman. in 2002 she unsuccessfully sued historically black howard university for discrimination. saying she was denied a teaching job because she's white. and it's not just her ethnicity being challenged. she also claims she was raised in a teepee and hunltd for food with a bow and arrow, and that because she's black, she's been the victim of hate crimes. saying she once found an envelope in the spokane naacp post office box with pictures of lynches. the post office box says there was no postage on it and whoever put in it there had a key to the box. megyn? >> thank you. joining me with reaction rachel
9:15 pm
dolezal's parents. thank you both for being here. first of all, did she ever was she born in a teepee? >> no. i thought you asked my wife. sorry. no she was not born in a teepee. she was born in this room next to us in our home. >> did she grow up hunting for food with a bow and arrow? >> no. but i did. >> and the other allegations she makes is that you two would punish her and her siblings by skin complexion using something called a baboon whip in south africa. >> when we were raising her, we didn't have her siblings. >> do you have a baboon whim that you use to punish your children? >> weighed baboon whip in south africa to ward off baboons.
9:16 pm
>> did she live with you when you were in south africa? >> no. she did not. >> she had already achieved adulthood temperature point. >> yes. >> so this story is so businessar. ruth anne when did you first learn that she was representing herself as a black person? >> it was around 2007 when we first saw a newspaper article from spokane washington area that rachel had represented herself to the press as being african-american or biracial. >> were you shocked? >> well, we thought, what is this? she's not telling the truth. >> did you call her up and say what are you doing? >> no she did not want to communicate with us about anything. she didn't want to communicate with us. >> okay. she comes out and says -- go ahead, larry. >> i was going to say, in fact she asked us not to come to the
9:17 pm
coeur d'alene, spokane area when her son, our grandson had sporting events or awards ceremonies or when our documented son isaiah who went to live with her graduated from high school. >> she didn't want the world to know you looked the way you look. she represented this other person. we have a picture of him, to be african-american and we know that's not the case. she said she identifies with black culture, i guess, and i guess she says race is a more complicated issue than we understand. does she have a point in your view? >> somewhat because she definitely has asimulated into black culture and the black community for the last 20 years. >> my other question is she has come after you guys saying look the timing of this, of your disclosure about her actual race is suspicious. she says her sibling, her brother, has been accused of
9:18 pm
child sexual assault against another one of her siblings an documentive child of yours. that case is penning and she thinks this disclosure by you has something to do with it. do you want to comment on it? >> first i would comment that the allegations are totally false and malicious. they are fabricated and we are hoping that the courts will deal with him as they should be dealt with. also the reason why we spoke to the press about rachel's ethnicity was because she was under investigation from law enforcement in spokane for these, for claims that she had hate crime mail in the naacp mailbox. and so that was the source of the investigation, her claims. >> that led the coeur d'alene press into calling us to see if we could validate her claims or
9:19 pm
not to be african-american. and we said well no we're both caucasian, we're of european descent. she's our birth daughter. >> i have to go. last question. do you think she's pathological? >> i think rachel has some very serious issues yes. >> thank you both for coming on with your side of the story. we appreciate it. >> thank you. up next, the frightening results of a kelly file investigation in an explosive case at amherst college. watch what happens when a student is accused of sexual assault. just trust me all right? trust me. plus as the manhunt for two escaped killers unfolds, everyone is focused on the person who let them out. we don't know if they are still in the immediate area or if they are in mexico by now. when a moment spontaneously turns romantic
9:20 pm
why pause to take a pill? and why stop what you're doing to find a bathroom? cialis for daily use, is the only daily tablet approved to treat erectile dysfunction so you can be ready anytime the moment is right. plus cialis treats the frustrating urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision or any symptoms of an allergic reaction stop taking cialis and get medical help right away. ask your doctor about cialis for daily use. insurance coverage has expanded nationally and you may now be covered. contact your health plan for the latest information. you pay your auto insurance premium
9:21 pm
every month on the dot. you're like the poster child for paying on time. and then one day you tap the bumper of a station wagon. no big deal... until your insurance company jacks up your rates. you freak out. what good is having insurance if you get punished for using it? hey insurance companies, news flash. nobody's perfect. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. see car insurance in a whole new light. liberty mutual insurance.
9:22 pm
i've smoked a lot and quit a lot but ended up nowhere. now i use this. the nicoderm cq patch, with unique extended release technology helps prevent the urge to smoke all day. i want this time to be my last time. that's why i choose nicoderm cq. a stunning investigation after a student gets expelled from amherst college after a rape case that has serious flaws. this is a perfect example of how the obama guidelines are the rules in the search for what may or may not be justice.
9:23 pm
>> reporter: in 2012 after a night of drinking a former student who is now using the anonymous name of john doe accompanied his girlfriend's roommate. while john doe was blacked out the accuser admitted performing a sex act on him. 21 months later she accused him of sexual assault. the school said his account of being blacked out was credible but still ruled against him and expelled him. john doe got a lawyer who discovered text message that's proved he did not initiate the sexual encounter including a message, she said she did something really serious and said her roommate would never forgive her saying it was pretty obvi i was not an innocent bystander. she said john doe was intoxicated saying he was too drunk to make a good lie out of blank. the accuser told the college after the sexual assault, she invited another male friend over because she felt alone and
9:24 pm
confused. yet she had earlier texted the other male friend writing, quoting, i have my room to myself this weekend if you wanted to couldn't over and entertain me. she then admitted to a female friend she had intersection the second man after she had sex with john doe. the texts were given to amherst but the school would not reopen the case. it is unclear why she waited 21 months to file the allegation. but in those nearly two years the accuser lost most of her original friends, including her roommate and the lawyer for john doe said her new friends all happen to be victims advocates. amherst now says it's confident the process followed is consistent with federal requirements. >> that may be the problem. our next guest has followed every turn in this case. casey johnson is a professor of history at brooklyn college and is co-author of until proven innocent about the shameful injustices of the duke lacrosse rape hoax. thank you for being here.
9:25 pm
it is hard to understand how wrong things went here. a woman accuses a man of raping her. 21 months after the alleged rape shelf never went to the medical authorities shelf never went to the police. she gets aligned with victims' rights advocates and her friends turn their backs on her because the person who allegedly raped her was her roommate's boyfriend. the injustice of the process that happened at amherst once her case went through authorities is where things get really awful. explain how it is set up to protect, oh no not the accused but the rights of the accuser. >> right. so in 2011, the obama administration essentially ordered all colleges to change their sexual assault procedures. amherst was one of the colleges that got this order. they changed their procedure. essentially the procedure there works under the assumption that
9:26 pm
the accused is guilty and needs to use the hearing to prove his innocence. but he isn't given the tools to do. that he doesn't have discovery. he can't get relevant evidence that he needs. he doesn't have an attorney representing. limited right of cross-examination. there's virtually no way once an accusation is made and gets into the system at a place like amherst, and amherst is not unique, that the accused can be exonerated. >> you're done. once you're accused, you're done. you can't have a lawyer representing you. and the rules say, don't allow the accused to cross examine the accuser because it could be intimidating and threatening for her. well she might be a liar shelf might deserve a little intimidation if she is lying as it certainly sounds the alleged victim in this case did. talk about the evidence. first of all, this guy, john doe, got expelled. he said not only did i not rape
9:27 pm
this girl. she did a sex act to me that i did not consent to. he got expelled. and then after he got expelled how did he get all these e-mails which we'll get into? >> there had been talk that the accuser in this case had texted friends about what happened on the night in question. the amherst investigator didn't explore this. he didn't have a lawyer. he got a lawyer afterwards. the lawyer who is a very good attorney started asking questions. and the two people that the accuser was texting, who were outraged by the fact that have the accuser was misleading gave the, produced these text messages. >> the e-mails make very clear. this is after her alleged rape. her alleged sexual assault by john doe who was thrown out of school. she texted a zeblt adviser. oh, my god, i just did something so stupid.
9:28 pm
what did you do? the official story is he puked and i took care of him but yes, yes, i did. then after that this is her talking about her alleged rape. then after that she texts another man and asked that man to come over. and why don't you tell audience how she represented, why she said she need that had second man's company on the night in question? what she told the board evaluating her sexual assault claim. >> she told the disciplinary panel that she was so traumatized by john doe assaulting her that she needed someone to come over and comfort her. the man she had invited previously she then had sex with. she admitted this in another text to get another friend. >> so she testified that she was distraught and she needed the comfort of a friend. meanwhile, this is what she was texting a friend when the second man came over.
9:29 pm
she was irritated that he was taking so long to engage in sexual conduct with her. she texted to her friend why is he just talking to me? like hot girl in a [ bleep ] dress. make your move. yeah. and then she sends a text message saying oh my god, action did not happen until 5:00 in the [ expletive ] morning. this might not look very. >> her roommate might be upset that she had perform a sex act on the roommate's boyfriend, she decides to say, my roommate knows me. it is pretty obvi i was not an innocent bystander. my head is going to explode. how does this girl get a guy thrown out of school based on this? >> well but she's operating in an environment at amherst is not unique here in which the presumption is that any accuser is truthful and the process is set up really with indifference to the truth.
9:30 pm
the idea is to prevent retraumaization. to an actual victim this is very important. when you have a case where the accuser is not telling the truth, there is no way to determine this. >> she hasn't offered her side of the story on any of this. >> no. >> amherst is refusing to reopen the expulsion of this young man. they won't even look at it? >> that's correct. that's not atypical. amherst said he had his shot and did not take a look at i. >> guess again, amherst. a judge is going to have a say on this. and this cannot stand. it cannot stand. this does violence to the justice system that is set up to protect victims and the accused. the unfairly accused who have rights as well. casey, we're going to stay on this. thank you for break the story and bringing it to our attention.
9:31 pm
>> thank you for having me. >> and again, amherst is stressing that the media currently only has one side of the case. but they're confident in their process. also tonight, we have shocking new reports in the hunt for two escaped prisoners. the person who helped them get out was plotting to kill her husband. and there's more. two shark attacks in less than two hours along the same stretch of beach. we've got a shark week pro on the possible causes behind this rare double attack. he thinks he may know why there were sharks in these waters. and he'll tell what nobody told us to expect it... intercourse that's painful due to menopausal changes it's not likely to go away on its own. so let's do something about it. premarin vaginal cream can help it provides estrogens to help rebuild vaginal tissue and make intercourse more comfortable. premarin vaginal cream treats vaginal changes
9:32 pm
due to menopause and moderate-to-severe painful intercourse caused by these changes. don't use it if you've had unusual bleeding breast or uterine cancer blood clots, liver problems, stroke or heart attack, are allergic to any of its ingredients or think you're pregnant. side effects may include headache pelvic pain, breast pain vaginal bleeding and vaginitis. estrogens may increase your chances of getting cancer of the uterus, strokes, blood clots or dementia so use it for the shortest time based on goals and risks. estrogen should not be used to prevent heart disease heart attack, stroke or dementia. ask your doctor about premarin vaginal cream. oh no. who are you? daddy, this is blair he booked this room with priceline express deals and saved a ton. i got everything i wanted..... i always do. he seemed nice. let's take a look at your credit. >>i know i have a 786 fico score, thanks to experian.com. so what else are you going to throw in? leather seats?
9:33 pm
>>and this... get your credit swagger on. become a member of experian credit tracker and find out your fico score powered by experian. you probably know xerox as the company that's all about printing. but did you know we also support hospitals using electronic health records for more than 30 million patients? or that our software helps over 20 million smartphone users remotely configure e-mail every month? or how about processing nearly $5 billion in electronic toll payments a year? in fact, today's xerox is working in surprising ways to help companies
9:34 pm
simplify the way work gets done and life gets lived. with xerox, you're ready for real business. dramatic new reports about the escape.
9:35 pm
these guys could be anywhere. report that joyce mitchell, the 51-year-old who has been arrested and helping these guys he is escape may have been charged with plotting to kill her husband. now they're serious questions about what her fate could be if these guys decide to do anything drastic before they are eventually caught. this is unbelievable. so mark they are saying that this woman had allegedly had a sexual relationship with the younger one. then they investigated that. they found nothing. no there there. then the older one who dismembered his victim that's how he wound up in prison. he started having a thing with her and they decided to kill her husband. also a prison worker but she backed out. do i have it about right? >> yeah. bad facts if i'm defending her. since i lost the coin toss i'm
9:36 pm
forced to make her my fake client. >> here's what i would same i haven't been paid yet. the legislator's reprehensible actions with a maximum eight years. that's what she's facing. should she get eight years? people are yelling at the screen. absolutely. i would say here are some thing to consider. number one, she immediately accepted responsibility for what she did. secondly she cooperated. again, give eight years to those who say i won't help you fix your vulnerability in the prison. to help you find these guys. she did all that. and i would say she is very disturb asked vulnerable which made her perfect for these predators. they worked her over physically and emotionally. >> too bad. we don't help two convicted killers get out of prison. >> i'm not defending her, just trying to get her a better
9:37 pm
sentence the word i would use is deterrence deterrence deternls. this is a national case. this woman has to be punished to the full extent of the law. even if it means being a little creative. what happens? you talked about her talking about killing her husband? to be in love in a conspiracy there has to be an overt act. meaning you have to do something about it. was the act of her allowing them to he is came is that a step toward killing her husband? could she be charged with the attempted murder? aiding or abetting or anything more than -- >> here's my other question for you. listen. here's another question for you. these things don't tend to end well. these guys are not likely to go down without a fight if and when law enforcement catches up with them. if anything were to happen. if anybody were to get shot god forbid a civilian or a cop, or die in the process, could she be held criminally responsible for
9:38 pm
that? >> not felony murder? >> no. it's such a stretch. i don't think the prosecutors would do that. >> really? >> it is a great answer on a law school exam. in reality i think that you hole her responsible for what she did. and that's the maximum. >> i don't know is it not for seeable that could happen? >> the reason there's more of an argument about the husband, they shared at one point the same mental state. the shared the same intent on the same subject matter. when you get out, if you have to kill someone to escape that's fine. there has to be a meeting of the minds. we have evidence there was a meeting of the minds about killing her husband. >> wait. here's my other question for you. here's my other question. >> i ask you, judge megyn, do you not give her any credit for cooperating with law enforcement? the fact that she didn't put law enforcement through a potential trial? you give they are maximum sentence? what about future people?
9:39 pm
we want to you cooperate and you get nothing. >> all i know is -- two killers, including one guy who tortured and then dismembered his victim are running around on the loose tonight and families are under lock and key terrified they might be the next victim. and these things don't tend to end well. and she was supposed to the protect people and instead she endangered them. >> in real life prosecutors and judges do give credit when you come to the realization that you did something wrong before you get caught. and here before she got caught she did take actions to stop this. in other words -- >> they were a little late. the d.a. said shehe didn't want to kill the husband after all and she loved him so she went to the hospital and had a panic attack. i take it back. i give her a little credit. two weeks in a row i'm giving you a concession at the end of
9:40 pm
the session. >> they're good. that is the thing. they're very good. also only the. details on the real shocker in this manhunt. judge napolitano on why he thinks andrew cuomo may share some of the blame over the fact these guys are still free and why the cops are still really unhappy with him. plus an incredibly rare double shark attack leaves two victims two hours apart on the same beach. we'll speak to one of the shark week pros about why he thinks it happened and why, how help prevent it from happening to you. next. >> there's a girl whose handled was bitten off by a ♪ we all feel the calling to build
9:41 pm
something great. ♪ ou're a small business expert from at&t? yeah, give me a problem and i've got the solution. well, we have 30 years of customer records. our cloud can keep them safe and accessible anywhere. my drivers don't have time to fill out forms. tablets. keep them all digital. we're looking to double our deliveries. our fleet apps will find the fastest route.
9:42 pm
oh, and your boysenberry apple scones smell about done. ahh, you're good. i like to bake. with at&t get up to $400 dollars in total savings on tools to manage your business.
9:43 pm
9:44 pm
troubling new allegations regarding the killers in new york state as reports surface that some law enforcement officials are furious with governor andrew cuomo and how he hand the case. judge napolitano is a best selling author. good to see you. the headline of the new york post was that cuomo created a total cluster f word in the escaped killers' hunt. >> they are saying they are complaining bitterly about the personal involvement of the governor who insisted at the most crucial time in the search
9:45 pm
for these guys right after they were discovered, that the prison officials stopped the organization of the search and gave the governor a tour of the prison and the area out of which they escaped. and then the governor you just showed a clip from it. gave the same tour himself with cameras in tow. and none of this could happen until governor was ready, until his political adversaries in the prison system were not there, and until the cameras were there. >> so he was holding up the process, according to the cops or law enforcement officials to have a p.r. >> yes. i think he was terribly afraid of an investigation into the management of this prison. we know that some very basic guide lines and the management of a maximum security prison were not followed one guy was serving 25 to life and life without parole. they were allowed to walk free and wear civilian garb.
9:46 pm
>> they were in this entrusted area. >> how can you dismember somebody and be any sort of trusted prisoner? >> they apparently charmed their way into this trusted area them also apparently charmed their way into not being observed. in maximum security the rule of thumb is every 30 minutes, eyeball to eyeball, prison guard to prisoner. these guys went to bed at 10:30 at night. the next time they were looked for was 5:30 in the morning and they were gone. >> what about the officials? apparently there was someone who complained who leaked that joyce miller this woman, was allegedly having an affair with this guy on the left. the bald one. he is the younger one. and they investigated it and they found no proof. now, i'm not saying it's true. i don't know whether it is true or not true. clearly there was something to uncover between this woman and those prisoners. >> i'm going to suggest to you, and this is not just my thinking because we heard from the local district attorney earlier today.
9:47 pm
that other people must have been involved in this or willingly looked the other way. it took weeks for them to dig and drill. where did the dirt go? where did the debris go? how could nobody in the prison system have known this was going on? unless they willingly looked the other way or the place was, quofr cuomo, some grossy mismanaged that the public's safety is now in jeopardy because these killers have been running loose for ten days. >> has this become a legal issue for the governor? or just political? >> regrettably it is probably political because the state of new york has given itself immunity. so a bone headed decision like let them wear citizen clothes, don't check on them every 30 minutes, it is probably protected. meaning the state is immune. if they should harm somebody god forbid while they're on the outside. >> i have to go. do you have simympathy for joyce?
9:48 pm
>> i don't think siave pathy for joyce. they may be the tim of the iceberg. >> good to see you. >> next up next work the shark attacks in less than two hours. along the same stretch of beach. wave shark week pro on the possible causes behind the rare double attack. and what to look for before you go swimming. don't miss this. next.
9:49 pm
9:50 pm
kids are expensive. so i'm always looking to get more for my money.
9:51 pm
that's why i switched from u-verse to xfinity. they have the most free on demand tv shows and movies on all my devices. it's perfect for me because my kids are costing me a fortune. i'm going to cabo! ♪ don't settle for u-verse. xfinity is perfect for people who want more entertainment for their money. our country's on a very bad course. and the question is what are we going to do about it? the question for me the question for me is what am i going to do about it? and i've decided i'm a candidate for president of the united states of america. >> former florida governor jeb bush announcing his candidacy for president in front of a
9:52 pm
roaring crowd at miami dade college. he joins ten other nominees. joining the governor on stage, barbara bush. she received a standing ovation. she once famously said there had been enough bushes in the white house. she has now had a change of heart. a growing concern after two kids are attacked by sharks on the same stretch of beach this weekend and less than two hours apart. a 12-year-old girl and 16-year-old boy were attacked in separate incidents as they were playing in waist high water. 20 yards off the shore of oak island north carolina. joining me a shark week cinematographer. thank you for being here. what do you think it is that attracted the sharks to this particular area? >> well sharks are all traveling up and down our coast at this sort of time of year. the temperature has started to rise and actually the gulf
9:53 pm
stream is starting to move thun coast. that causes a migration of sharks. some are migratory animals some of them are going to migrate this far and stop. >> do we need to worry about warm water? >> i think really the thing is to really look out for as far as like sharks in general is to not go into swimming at night or swimming in really murky water. avoid dusk and dawn. avoid those areas where you know sharks may be feeding on food prey items. if you see a lot of bay fish jumping around. a seal colony around those are usually -- >> we don't have any indication any of that was happening on the stretch oaf beach. >> also fisherman. i heard there were fisherman nearby possibly catching sharks.
9:54 pm
if they were baiting the water, no one can smell the water, really the sharks are the ones doing it. there's a lot of bait going into the water and a lot of scent going into the water. i think swimmers need to be cautious as to how close they get to them. >> this is two hours, young kids waist high water, is that unusual, waist high water? >> it's not unusual, that's where most of the people stay. but sharks will forage up to you know feet of water. i've seen them forage up to the point where they beach pd themselves and put themselves back in the water. >> they don't go in for a kill. if a shark attacks you it bunt doesn't want to kill you snu. >> i think this was mistaken activity. >> so the bottom line is is this like being hit by lightning, should people be concerned? >> very very rare.
9:55 pm
very rare. it's very rare to hear about a shark attack. it's rare to hear about two shark attacks in a row in such a short period of time. i think you have more of a chance of being hit by lightning or slip on a banana peel and die. >> you still send your kids in the water on any shore? >> i would think so. as long as you follow you know, certain basic rules and you know what's going on with the ocean, then i think you're relatively safe as far as running into kind of predator. those predators are indifferent to you. most sharks we run into -- unless there's any kind of bait in the water theyint intimidated by shopping online... ...is as easy as it gets. wouldn't it be great if hiring plumbers carpenters and even piano tuners... were just as simple? thanks to angie's list now it is. start shopping online... ...from a list of top rated providers. visit angieslist.com today.
9:56 pm
ahhh. beautiful day in baltimore where most people probably know that geico could save them money on car insurance, right? you see the thing is geico well, could help them save on boat insurance too. hey! okay...i'm ready to come in now. hello?
9:57 pm
i'm trying my best. seriously, i'm...i'm serious. request to come ashore. geico. saving people money on more than just car insurance. so you're a small business expert from at&t? yeah, give me a problem and i've got the solution. well, we have 30 years of customer records. our cloud can keep them safe and accessible anywhere. my drivers don't have time to fill out forms. tablets. keep them all digital. we're looking to double our deliveries. our fleet apps will find the fastest route. oh, and your boysenberry apple scones smell about done.
9:58 pm
ahh, you're good. i like to bake. with at&t get up to $400 dollars in total savings on tools to manage your business.
9:59 pm
tune in tomorrow night for a big kelly file lineup. brit museum is here plus trey gowdy has hillary clinton's right hand man from libya. he just released a press release saying he got his hands on scary moments across northern illinois and severe weather system moves in. the storm triggered a tornado warning, floods and forced the cancellation of hundreds of
10:00 pm
flights at chicago's airports. at one point official he activated the tornado warning siren. prompting downtown workers to scramble away from high rise windows. the massive car recall stemming from faulty air bags just got bigger. honda is adding a million popular models to the list. civic and accords between 2001 and 2007. sometimes the bags open too fast throwing shrapnel. blackhawks win their third stanley cup in six years, beating the lightning in game 6. i'm patricia stark. stay tuned for "hannity o." covering hillary's event in new hampshire. >> my three favorite accomplishments that hillary clinton has done?