you wish to opine. do not be a fomenter when writing to the factor. i am bill o'reilly. please remember the spin stops here because we are definitely looking out for you. breaking tonight, we are getting new details in the "the kelly file" investigation into an alleged sexual assault at a prestigious college as the case raises serious questions about what passes for justice on college campuses. welcome to "the kelly file." i'm megyn kelly. picture this. a young man is attending one of the country's elite schools. accuses him of sexual assault for an incident that occurred nearly two years earlier. he was drunk on the night in question but denies sexual assault. now the school opens the case against him. it is the kind of trial his college education, his reputation his future is on the

line except unlike in a court of law he has untenured faculty at his jury. they will not allow him an attorney in the proceedings and will not give him access to discovery meaning the chance to obtain relevant evidence that might undermine the case against him. they will not allow him to cross examine his accuser because they feel it could intimidate her. they take the accuser's word with little to no kwaub rating evidence and vote to expel the young man because they conclude it was more likely than not he did it. no proof beyond a reasonable doubt was necessary, just 51%-49% chance he did it and he is gone kicked out of college, labelled a sex offender publically and publically shamed. then this young man hires a lawyer. guess what that attorney discovers, text messages that suggest not only did the young man not attack her, she, the

alleged victim appears to have sexually assaulted him. the young man, of course went back to the school and made clear in his judgment a travesty had taken place presented text messages that show not only did she not alleged rape on the night in question but she actually a couple of hours later invited another man over and then had sex with him celebrating the double hookup in one night. you might think any school would reopen the case at this point and allow the young man the chance to clear his name. you would be wrong. all made possible by new rules ordered by the obama administration ordered which to this moment mean this could happen to virtually any male on any campus at any time. our fox news senior political analyst joins us in a moment. first we have new details.

>> we have hundreds of texts, strong evidence from the accuser herself just minutes after she performed a sexual act on john dough the accuser began texting two other male students. one was a dorm counselor and the other was a student she invited over to entertain her. to the counselor the accuser explains it was consensual i just did something so stupid. what did you do? blank john dough. no you didn't. she responds official story is he puked and i took care of him, but yes, yes i did. at the same time she is texting the other male's friend wondering if he is coming over. thought it was a lost cause so am i bringing this game. she responds. you think you will need it? she texted back joking about the possibility of having sex with two men in one night.

the council wrote double your pleasure double your fun. the other student confirmed they did have sex and in a sworn affidavit saying when i arrived the accuser did not appear in distress friendly flirtatious and spirited. at no point did she appear anxious, stressed. john dough sayseugh -- doe says she got his phone and admitted they had an intimate encounter and the accuser did not indicate that john doe had acted in an aggressive or otherwise inappropriate fashion. during john doe's hearing a witness testified but the school never followed up even after john doe was expelled. the school refused to consider them calling the hearing fair under federal guidelines. as for john doe he is in

academic limbo because transcript says he was expelled for disciplinary reasons. he thinks he let down his little brother and wants to remain anonymous because he is embarrassed and doesn't want the case to follow him. for now he is working a job with no future and a future that right now is very uncertain. >> joining me now with more is our fox political analyst. the facts of this case as they are laid out in a lawsuit john doe brought against the school are shocking. they are shocking and the latest in a few incidents we have heard about college age males essentially being presumed guilty just as soon as the accusation is made against him. >> it certainly happened in the case. that was before the guidelines from the department of education

came down. they certainly happened in the immediate reaction in the after math of the university of virginia story of the alleged fraternity rape published and later found to be bogus in "rolling stone." this is the response the colleges have to these accusations. why would they have them? why would amhurst say the proceedings were fair under government regulations because under government regulations they may have been fair because these government regulations dictated to these colleges are outrageously unfair and trample all over the due process rights of the accused in these cases. and the result is the preposterous verdicts based upon the weakest standard preponderance of the evidence. while it shocks us to hear about it when you know what is going on here it is not so surprising. >> as angry as it makes you feel it is really the administration. it is the department of

education that has mandated these guidelines in an effort to protect alleged victims. let's make clear, all victims start out as alleged victims. we have a legal process we go through to make sure they really are. and the duke fake rape case shows us why we do that. in an effort to protect alleged victims they have completely abolished the rights of defendants of the accused. >> it all stems from a dear colleague letter that the department of education sent out a few years back. the thing goes on forever and basically lays out the very kind of judgment process that was used in this case. and the -- >> you might intimidate her? >> it's appalling. this is what has resulted from this new attitude that we now

have about this. and the reason why the department -- the department can't officially order these things into being but the federal government has leverage because of the extent of the federal money that goes to nearly every college and university in the land. it is really the case that none of the colleges can afford to lose that. this gives you a sense of how deeply the tentacles of the federal government have reached into the corners of american life. >> what is it with the administration? i understand the desire to protect victims. actual rape victims have it tough and it is intimidating to face your assaulter. however, what is it about the administration or some who are so committed to protecting them that they are ready to throw young college aged men out the door with no thought to what their rights are, to what their

future is like innocent men in some cases? >> it is now an article faith on the american left on which this administration is a product that sexual assault is rampant on college campuses and there have been so-called studies that show as many as one in five women experience sexual assault while going to college. those numbers -- that statistic in particular have been debunked so many different ways it would take forever to describe them all. the president continues to repeat it. you hear it all the time. it is in that letter that dear colleague letter so based upon this mythical claim of the widespread epidemic of sexual assault on campus that is the basis of all of this and it is false. and the product that it is produced in terms of the justice of it all, you have seen what it is like. >> we care about our young college women, but we also need to care about our young college

men, not all of whom are rapists and sexual assault -- got to go. >> i always thought the hookup culture would end badly and maybe this is how it ends. >> thanks for being here. a new explanation from the normer naacp chief who resigned. you will hear from her after the break along with her brother who joins us with what he thinks is going on with his adopted sister. then new drama in the freddie gray murder case as baltimore's another controversial request. trump and what he said about his money, his brains and why he thinks he could be the greatest president ever. >> i am officially running for president of the united states and we are going to make our

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spokane spokane, washington breaks her silence in a series of interviews. rachel's adopted brother ezra is here to respond along with kevin jackson. first, let's hear a little from rachel. >> are you an african-american woman? >> i identify as black. >> when you see this picture, is this an african-american woman or is that a caucasian woman? >> i would say visibly identified as white by people who see her. >> but at the time were you identifying yourself as african-american? >> in that picture during that time no. >> when did it start? >> i would say about 5 years old. >> you began identifying yourself as african-american? >> drawing self portraits with the brown crayon and the black curly hair. >> you have changed your

appearance. your complexion appears darker than it did in the photos of you as a young lady. have you done something to darken your complexion? >> i certainly don't stay out of the sun. i also don't -- some critics have said i put on black face as a performance. i definitely am not white. nothing about being white describes who i am. what's the word for it? the closest thing that i can come to is if you are black or white i'm black. >> are you a con artist? >> i don't think so. >> thank you for being here. she said she identifies as black but she is not black. >> she has been white up until 2011. it is only when she started to

try to change how she looked and things about her like her hair and what clothes she wore. >> were you aware that she did this? back in 2011 you were like rachel is pretending to be black? >> i was. i was surprised but she tried to distance herself from the family gradually since 2006. >> did you see her portraying herself as a black woman? >> yes. a couple times she changed how she acted a little bit. it was like she was trying to fit a stereotype. >> i know you come out and said she used to tell you that all white people are racist. did she say that to you explicitly? >> she told my dad that. my dad would come back and say stuff -- she would tell isaiah that. >> she made allegations of abuse

suggesting that your parents have been physically abusive to the children including she claims she was whipped with a baboon whip. obtained in south africa. >> she never lived in africa. she was never abused growing up. i don't know why she is saying that. she was an adult when we were in south africa. i don't know how she is saying she got whipped. she has never been there. my parents didn't abuse her. i really don't -- not that i know of. >> when you hear the story of i drew myself with a brown crayon when i was a child do you pleev it? >> not at all. i think it is ridiculous. growing up there was no signs at all. those pictures she says she drew i don't think she can produce

real ones. >> when she was living as a teenager was she somebody who you thought this is someone who identifies with black culture? she wants to be black? >> no. i actually only noticed it -- she was only interested in african-american studies but was never actually wanting to be black or say that she was black until 2011 2012 when she started saying she was born black. >> what do you think that is about? >> i have no idea. i don't know what made her do that. >> what do you think she is doing to her appearance? do you think she is doing something to darken her skin? >> i'm 100% sure it is makeup. she is trying to say she has been out in the sun, but none of the other members of the family could even hope to -- my parents get a tan like

that. >> czech and german right? >> right. i don't believe any of it. >> you think she is mentally disturbed? >> she might be. i'm not sure. she is coming up with stories in her head. the interview today she kind of seemed like she actually believed what she had been telling everybody. it is kind of interesting like the more times she tells it the more she actually believes it. >> i'm sorry for what your family is going through. we appreciate you coming on. >> definitely. >> all the best to you. >> thank you. even as rachel's parents and family explain how she was born white and raised white and is white her defenders argue otherwise. >> she may not be african-american but could be black in a cultural sense. she is taking on the struggles, identified with them. >> kevin jackson is the executive director of the black spheres and offer of the book race pimping.

good to see you. says she is black in the cultural sense and she seems to be suggesting the same thing. >> he is a race pimp. at the end of the day if david duke if we found out david duke were really a black man this would be a huge story to the left and they want to play it off. these guys are reeling because this defeats the narrative of how oppressed it is to be black in america. i saw a clip where jon stewart is ridiculing it instead of understanding conservatives will have fun for quite some time because we have been preaching that america is ready to go beyond race and here is a girl faking it. she is not the first one. elizabeth warren should be the one we are talking about. the reason she won't run for president is because of the

dolezal effect. she knows she is a liar. barack obama would not be president if he were to cater to his white side. this lady had more jobs than a jamaican and wouldn't have any if she hadn't claimed to be black. elizabeth warren wouldn't have a career if she wouldn't fake being an indian. >> i don't get the jamaican thing. do jamaicans have a lot of jobs? >> they do. >> here is the thing that is interesting to me. i don't know why she pretends to be black. i do know she has a history of going to strange places. she was born in a tepee no she wasn't said her parents. she used to draw herself with a brown crayon and this is proof that she is black because she used a brown crayon and the teacher said you need to use peach.

>> she is a pathological liar. what i have learned about liberalism is they don't want to live up to the truth of who they are. barack obama's dad was a goat farmer and these other things because the real truth of who he is is not going to get him elected. it is not going to promote a narrative, a false narrative of this country. this is a lady who has lied about how she cared for her kids. one thing she said was in order to properly care for her brother she needed to a be black. what about her parents caring for the kids and they were white? >> why do you think people care about this story so much? what is it about this story at its heart that is making this story so big? >> i think the real issue here is that the left is so obsessed with race and making everybody appear to be on the right to be racist. here we finally get a story where we show this lady is lying and lied about nooses hate mail

and everything that has come to her has been something that she created for herself. so finally the conservative movement saying this is the truth of the folks. they are liars. >> kevin, always interesting getting your perspective. thank you so much. i learned a lot. >> my pleasure. >> good to see you. also tonight a new demand in the freddie gray murder case stirring up serious controversy. new drama over hillary clinton, e-mails and new questions from republicans about what she may be trying to hide. congress and tray gouty is here live on what his team discovered behind closed doors today. >> i have absolute confidence that everything that could be in any way connected to -- ♪ ♪ ♪ ♪ the ones with the guts to stand apart - join a league all their own.

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shut the defense team up after given a national platform. first tried for a gag order and now wants a protective order to stop the defense from sharing any evidence in this case with the public. problem is the public has a right to see that stuff. all of which has sources close to the defense asking what is she trying to hide. criminal defense attorney and senior attorney. good to see you both. that is the question mark. once again, she goes out there and wants to shut them up. what the public watching this may not understand is that the entire system is stacked in her favor. you go in there as the attorney representing the state. the guy sitting at the defense table have been arrested. the jury is looking at them thinking they did it. they wouldn't have been arrested if they didn't do it. that is why the system allows defense attorneys to do things like talk to the media and the

public. ms. moseby won't have it. >> she started this enormous fire with her press conference and now wants to take away the hoses so nobody can put the fire out. let me explain something. she had the press conference that lasted over 20 minutes that passionately told the world how guilty these guys are and then gives press conferences explaining how the arrests were unlawful. and third she is on stage at a rally for peace with prince to celebrate the justice that she is going to seek and the death of the decedent? it is so grossly inappropriate it leads everyone to question. >> held us in suspense. they both gone. they are back. david wolf what do you think?

>> there is no doubt that there was an extraordinary rush to judgment in this case. nobody debates that. the worse part of it all isn't what mark said. the worst part is she filed charges less than an hour after she gets police reports. >> is there any investigation for her to say i want the defense team to shutup. i want to try this case in a court of law and not in the public? >> frankly, if she didn't do this motion my guess is a judge would do it. the worst thing that can happen in a case with such extraordinary publicity is for everything to be tried in the media which it definitely will be probably already but not to the extent that it would be if the autopsy was released or the police reports were released. both sides are entitled to a fair trial. there is no question about that. if you stop at least the reports from being released you might be

able to preserve that. i think to that extent the motion is -- >> can i read this from her motion. the people who write her briefs sound like children. i assume it's not her. defend defendants want the freedom to publicize while requiring the state to follow the law that prevents comments in order to ensure a fair trial. right. that is exactly what they want. >> my goodness. i learn that when you point your finger outward you have three pointing back at you. >> you used that line before. >> to some people it is new. >> i don't call you out on your lines that you repeat. here is the point. this should be dissiminated so people can hear what the evidence is and the answer is change of venue. let it come out. if you think -- no. you can move it to any other

city within maryland and you are fine. >> you still have ms. moseby. >> it's a protective order. >> point your finger outward you have three pointing back. >> just letting you know you are rubber and i'm glue. >> whatever. >> i always screw that up. why do i keep trying? good to see you both. breaking news on a major league controversy on reports of one professional team hacking into confidential files of another. plus the donald declaring his run for the white house in true form. up next on the trump announcement and why he says his billions of dollars make him the perfect candidate. >> i will be the greatest jobs president that god ever created. i tell you that.

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from the world headquarters of fox news it's "the kelly file" with megyn kelly. new reaction to the donald declaring his candidacy for president of the united states. donald trump real estate mogul becoming the 12th republican to enter the race for 2016. the announcement at his lavish trump tower did not disappoint supporters or critics. joining us now former chief presidential speech writer for george w. bush. we begin with our chief washington correspondent james rosen. >> today's announcement was vintage donald trump. the real estate tycoon alternating between boastful swagger and boastful swagger. most ad-libbed in statements either true such as i'm really

rich there has never been a crowd like this or impossible to verify i beat china all the time trump zeroed in as economic competitors that he claimed he as the author of the art of the deal would be able to neutralize. >> so they come in, they take our jobs. they take our money and then they loan us back the money and we pay them in interest and then the dollar goes up so their deal is even better. how stupid are our leaders? >> trump took aim at his republican rivals depicting them as confused and clueless with particular venom reserved for former florida governor jeb bush. >> they come up to my office i'm meeting with three of them in the next week. they don't know. are you running? are you not running? could we have your support? what do we do? how do we do it? you look to bush it took him five days to answer the question

on iraq. he didn't know. i said is he intelligent. >> despite all of trump's jabs at foreign capital and fellow republicans neil young said committed to democratic candidates. trump rebutted the idea that he is not a nice person. the candidate noted that he is a very nice person and gives away a lot of money to charity. no word on whether trump's next campaign song will be "heart of gold." >> he is a nice person. stick around and we want to bring into the discussion as well. i realize that he is controversial and his speech today made all sorts of news. what some perceive as sort of flamboyance and rhetoric others perceive as straight talk that

the american people appreciate. am i wrong? >> i don't know if you are wrong. i'm sure a segment of the population appreciates it. i don't think it is what the republican party needs. i don't understand what the rationale of trump candidacy is. let's nominate a superrich business executive to fix america. we tried that in 2012. >> don't people feel they know him through celebrity apprentice franchise? >> his name is on everything. he is a celebrity. he is not a governor. he has never run government. he is a business executive. >> he made $9 billion. >> he told us repeatedly that he made $9 billion. if you look at the speech, that wasn't a serious substantive speech. he basically went up there and gave what is on his mind at this second saying i'm really rich and really smart and everybody else is stupid.

he referred to other people as stupid or overrated 15 times in that speech. >> is there any chance people are sitting at home thinking i like that. mptthat? >> he speaks in a language people understand. ron paul had a certain quality to the simplistic speech. whatever appeal he has comes in the back drop of the sluggish economy that we have been enduring the nonrecoverry recoverry. see says i know how to make money and run things. >> think about that. he has carly fiorina running as a popular female executive. she has run a very successful company. his company $9 billion. on the other hand he has a history on twitter, shall we say. i don't think bet midler will be

voting for him. there have been some tweets. that's all i'm going to say. >> he tweets a lot about if anyone criticizes him he is on twitter which is a little beneath the office. >> translator: he is tweeting about you right now, i can feel it. >> what james described as his message is exactly what mitt romney's message was in 2012. it didn't work. americans didn't want a rich out of touch business executive to be their leader. you have to -- he is going to appeal to a niche of the electorate and probably in the debate somewhere. >> his polls are not bad. i cannot leave this segment without reminding the audience of this moment which proves the donald has a sense of humor.

>> it is mine. i want to keep that hair line as low as possible. >> it's not that bad. >> it's not that bad. >> i actually comb it back. >> there is no receding hair line. i am getting a little bit older. >> he is winning you over. i can see that. >> the man has a head of hair. let's be frank. >> it's not a comb over. it's real. it's right there. i touched it myself. >> that's by choice. >> i got to go. good to see you both. one of my favorite quotes from donald trump, a loser, been a loser for a long time. identify the date. new drama tonight over hillary clinton, her e-mails and new questions from republicans about what she may be trying to hide. congressman tray goudy had a very interesting day in washington. he is here next on what his team

discovered behind closed doors this afternoon.

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i have absolute confidence that everything that could be in any way connected to work is now in the possession of the state department. >> or not. that was former secretary of state hillary clinton defending her use of a private e-mail address and private server when she was america's top diplomat

and insisted that lawyers filtered through 50,000 e-mails and turned over every document relevant to the business of the state department. today some raising new questions about mrs. clinton's claims after a clinton insider is called before congress and turns over an additional 120 pages of previously undisclosed e-mails. how did that happen? republican congressman of south carolina is chairman of the benghazi select committee whose investigators uncovered the e-mails. good of you to be here tonight. you have this guy sydney blumenthal in for a deposition today and last night you get e-mails of hillary clinton that pertain to benghazi and libya? >> yes, ma'am. these are e-mails that would clearly be relevant to letter request or subpoena. i cannot tell you whether secretary clinton failed to turn

documents over to the state department or whether the state department failed to turn them over to our committee. i can tell you no previous committee including our committee had ever seen these e-mails or memos until late friday night. >> this guy is relevant because she wanted him to work for her at state and the obama administration said no. he is a sketchy figure according to some. she used him off line and anyway. usually those in the decision making positions at these major agencies get vetted intelligence. the secretary is supposed to get vetted intelligence not sydney shooting her thoughts off the top of his head from libya and was apparently compromised. are you at liberty to discuss what he told you today? did he confirm that? >> he confirmed the fact that he wanted to work for the department of state and the white house nixed that. he not only was he providing unvetted uncorroborated

unsubstantiated intelligence to our top diplomat he was forwarding on intelligence that somebody was sending him. he didn't know if the sources were legitimate and whether or not the information was corroborated. he was merely a conduit between somebody who may have had a financial interest in libya and our nation's top diplomat. >> she says i had a lot of friends and i stay in touch with them. what is wrong with receiving information from a friend? >> that information is as poorly vetted as the information she received from sidney blumenthal. her other friends are not e-mailing her about libya. he is. and secondarily she used the word unsolicitted. when the e-mails are released i want you to count the number of times she said keep them coming this is great. useful information. i don't know what her definition of unsolicited is but different

from my own. >> everybody wants to know when hillary clinton will appear before your committee and answer questions. will it be under oath? if you don't have a date yet why don't you? >> it will be under oath and secretary clinton's defense she has been ready to come before our committee since last fall. in our defense we didn't know about her e-mail arrangement last fall so that might have been why she was so anxious to come. the state department needs to give me all of the e-mails that we have requested from the seventh floor principles. she has been insistent that she is coming once so i have to be equally insistent that the one time is productive. as soon as john kerry gives us documents we are entitled to. >> are you still not getting the e-mails from her staff? on what basis are they with holding them? >> the basis that there is nothing i can do to them if they

do not turn them over other than cut their appropriations which we have tried to do both senate and the house, public shame which doesn't seem to to work. i don't have a police force. i can't send somebody over to the state department to seize the documents. >> it's up to the honor and the ethics of john kerry. >> he's the one person standing between me and secretary clinton having our, as she put it single conversation. >> well we're looking forward to a second conversation after you have that one here on "the kelly file." great to see you tonight, sir. >> thank you. up next a major league controversy with reports of one professional sports team hacking into the confidential computer files of another team. wait until you hear what heavy weight sports figure has just weighed in to fox news on this. when heartburn comes creeping up on you... fight back with relief so smooth... ...it's fast. tums smoothies starts dissolving the instant it touches your tongue ...and neutralizes stomach acid at the source.

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we have breaking news with reports of one team hacking into the confidential files of another team. maybe? trace gallagher has the story. trace? >> i got to tell you it's huge. this would be the first case of any professional sports team hacking into the network of another team. officials won't see what cardinal employees might be involved. so far, no one has been suspended or fired. federal prosecutors have served subpoenas looking for e-mails, texts and other electronic communications. at the center of the hack is a special data base built by the houston astros. in other words key information about their future. major league baseball and the cardinal's organization are cooperating with the

investigation, but neither is commenting. the cards are currently in first place with the best record in baseball. the team has reached the national league championships nine times. joe buck is a former cardinal broadcaster and lifefan. he just weighed in listen. >> you know you don't want that for any organization. and if it is the case it is true. i don't want it for the one that my family has been tied to for this long of a time. but we'll let it all play out. and see what exactly the facts are. >> we caught up with joe because fox has broadcasting the u.s. open they were division rivals until the astros moved to the american league. they are also currently in first place. they would like to know who is hacking into their computers. >> trace, thank you. we'll be right back.

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exclusive. the oklahoma woman who was nearly beheaded by a radicalized co-worker moments after he beheaded another employee. tracy johnson speaks to the nation for the first time since she was attacked right here in a powerful exchange. welcome to "hannity" we are in new hampshire where former florida governor and now 2016 republican presidential candidate jeb bush is set to address voters at a town hall event. he will be our guest for the entire hour. it's his first interview since making his big announcement. first here's how had all went down yesterday in beautiful miami. >> ladies and gentlemen, may i present to you the next president of the united states of america, jeb bush.