we hope you set your dvrs so you never miss an episode of hannity. we'll see you back here tomorrow night. night. tonight, now, justice scalia was a little more nuanced in his criticism. >> i could have sworn he was already hiding his head. >> let the mocking begin, as some far left people celebrate their victories in the court. tonight, charles krauthammer and i will analyze why america is changing so quickly. and officers brought david sweat in alive. >> and now that one escapee is dead and the other caught what really happened in the inside break? we'll have more on the inside story.

>> when you're in penn station, what kind of things do you do? >> right now i was going to look for something to eat and go see a movie. also ahead, homeless people taking over in the city. and water is right in the middle of it. it's a good place to come if you're hungry. caution, you're about to enter the no-spin zone the factor begins right now. hi i'm bill o'reilly. thank you for watching us tonight. the supreme court rules. that is the subject of this evening's talking points memo. the court's acceptance of the gay marriage was predicted. and in fact we accurately told what would happen next week. the supreme court is made up of a variety of americans, some say

it is a country that needs to be changed. others believe it is a settled nation where established law should be up held. chief justice john roberts provides an example. he believes that congress should make the laws not judges. that was the intent of the founders. it's in writing. so roberts jumped through legal hoops to justify obamacare no matter what the legal problems. roberts ignored them. deferring to congressional approval of the affordable health care law. so his credit, roberts is consistent. he voted against gay marriage because again he doesn't want the court to make law, which the guy nuptial decision certainly does. most of the other justices are consistent as well. they often decide cases through a prism of what they believe to be right for the country, not what our of checks and balances dictates.

this is how crazy the system has become in the supreme court. liberal justices ginsburg and kagan each provided over a gay marriage in ginsburg's case four of them. yet they did not recuse themselves when the issue came before the court. come on we either have a fair legal system or we don't. and right now we don't. the factor's philosophy has been consistent for 20 years. i believe every american, eachh one of us should have a shot to pursue prosperity and that the government must provide oversight to provide that opportunity for all. but i do not believe the government has a right to impose upon me or any other american rules that deny my freedom to express myself, practice my faith or earn my living. if a baker believes marriage is

a sacrament instituted by his religion the court should leave the baker alone. now that the court has ruled gay marriage legal, it does not have the constitutional right to force any american to participate in it. to do so would forage the contract made by the founders. the justices do believe they have a perfect right to celebrate their victory providing they are following their consciences. however, they do not have a right to demonize those who disagree based on the same rights. consciences. last night, the father was walking in the city why the gay pride was taking place. father morris reports two men spit on him. he was in clerical garb. he will tell his story on

hannity tonight. oppression runs both ways and all americans should consider that. for instance justice scalia wrote a well thought out decision and was immediately mocked. >> justice scalia wrote if he ever began a opinion the way justice kennedy's did, quote, i would hide my head in a bag. i could have sworn he was already hiding his head in a flesh-toned cinch sack. please come on my show sir. scalia also took issue with the expression that expression sure enough is a freedom, but anyone in a long-lasting marriage will say that that restricts rather than expands what one can prudently say. >> in a few months colbert will compete against fallon and

kimmel both talented and successful guys. he may want to think about alienating americans. >> the deciding vote in the gay marriage decision was justice kennedy who clearly and honestly wrote that his decision was primarily based on emotion. that compassion dictates gay americans have equal marital status. thus kennedy forged a legal opinion using the concept of greater good. there is obviously nothing in the constitution that allows the redefinition of marriage nothing. on a strictly constitional basis, the decision has to come from congress to change a law. the supreme court deviated from that dictum for personal

reasons. obamacare is obviously yet another federal entitlement problem designed to help poor americans at the expense of non-poor americans. the president sold the law on the basis that it is a benefit for all. but only his party bought that. not one republican member of congress voted for it subsequently health insurance costs have risen for many working americans and a significant number of doctors are refusing to take government mandated insurance programs. but the four liberal judges don't really care about the overall impact of obamacare. they want free health care for the poor that is what they want. and they will find a legal justification for it no matter what the actual law says. add in roberts and kennedy and presto another social safety net that survives a legal challenge. the sad truth is most americans have no blinking idea what is really happening to their

country. these are complicated issues where both sides have legitimate points. but some important decisions are made outside constitutional authority. if the trend toward political government and activism by judges continues the liberty of the american individual is going to take a huge hit. already we have a guy running for president, senator bernie sanders who does not oppose a tax rate of 90%. conservative and independent-minded americans should understand what is occurring. uber-left politicians and judges aided, now have political cover and momentum. and they are hell-bent on crushing traditional beliefs and competitive capitalists, replaces them with so-called tolerance and forced asset sharing. the tenets of victim and

grievance may soon dominate politics even at the suspension of majority opinion. you see the rights and welfare of each american really doesn't matter. the promise of collective social justice dominates. and you will be dismissed as unworthy or even branded a bigot if you get in the way of that promise. that is the reality of america as we head into the 2016 presidential campaign. spread the word. and that is a memo. next on the rundown, charles krauthammer will reply. also jesse watters is trying to find out why things are getting out of control. and donald trump, on firing back. the factor will be right back.

continuing now with our lead story how america is changing.

we asked charles krauthammer to come up with three major reasons the u.s. is changing. all right, before we get to that any issues with my memo? >> no i think the basic point is right particularly on the gay marriage situation. this is a recapitulation what happened 30 years ago with the abortion situation. you can agree or disagree but they went outside the constitution. the fact is they issued a decree in this case to legalize gay marriage everywhere as in the abortion case it took the issue out of the political arena. meaning that the people either expressed through referendum or through their legislatures can no longer pronounce themselves on the issue. truth bader ginsburg who ironically was one of those who

ruled for gay marriage she said before she ascended to the supreme court, as a criticism of the abortion decision that it prevented a stable social settlement at the time which was headed in the reform direction, which was exactly what happened with gay marriage. and yet the supreme court steps in where the country is moving on an issue, making a decision state by state, democratically the way the constitution wanted it and says no more debates, no more decisions, whatever laws you have or state constitutions you have, they are not valid. we decide the law of the land. >> but that is not what the constitution says. the supreme court is not supposed to make law and they are. but this is even -- >> well, that is my point. >> this is even worse. you got two justices who perform gay marriages.

because judges in this country can. that is a farce. they should have recused themselves and said look we perform these marriages, we believe in gay marriages but we know that the court has to look at it in somewhat of an objective way, we're incapable of doing that because we have already thrown into it so we're going to recuse. that would have been the honest thing to do. >> but the issue is not even the policy. the chief justice dissent indicated that -- you know on the policy had he been in a state legislature he might have supported gay rights or gay marriage. but he says it's not our job -- to pass legislation. >> right. >> our job is to decide what is constitutional -- and to decide whether anybody else can decide. and he said that is not what we should have done in this case. >> and these guys know it. that is the thing. that is what really troubles me.

each of these nine supreme court justices know they're not doing what they are compelled to do by the constitution. they're not. okay three reasons why america is heading for secular paradise. number one -- >> are you trying to get me into a rick perry situation here? number one is charles darwin. this has been a secular -- the secularization of the west is a phenomenon at least 150 years old. and the main reason is the rise of science. we could spend a whole hour on that but it is happening everywhere. the remarkable story about america is that we are the least secularized. the pews in britain, france are empty. they're not empty in america. so that is an interesting story. we had become more secular without a doubt. but nowhere near where the rest of the west is. >> no but the science has not been able to prove the existence of any kind of force that would

create the universe. other than a deity -- >> but that is not the point. the point is whether logical or not or whether you could produce an argument or not it is a fact that the secularization of the west is a direct result of the rise of science. and you might say the narrowing of the areas of ignorance and uncertainty that we had for centuries. >> i only have a minute left. >> whether or not it is justified is a separate issue, but it's a socialogical fact. >> the left, roegealizing it was not going to win on politic decided to march on the cultural institutions the media, hollywood, and number three, the reason it is important is young people are no longer raised by

their parents. they get outside influence from other areas, the news television 64 hours a day the left controls the culture and the culture in the end drives the politics. >> and the parents have abdicated their child-rearing responsibilities. >> well abdicated or not, they cannot resist the influence of the culture, because of the technology for no other reason. >> all right, ahead, what really happened in upstate new york on the jail break. how could two vicious killers escape for about three weeks, we'll have more on that. and firing donald trump over his mexican remarks moments away. ♪ ♪ food should be good. strawberries should sing. lettuce should be dirty. dressing, clean. debates should be healthy. hatchets buried. tables should be full.

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back of the segment tonight, over the weekend, escaped killer david sweat, 35 years old shot and captured by police in upstate new york. sweat and his cohort 45-year-old richard matt escaped from a high prison. they evaded law enforcement for weeks even though thousands were on their trail. but what really happened here? former navy s.e.a.l. you have to know where you're going. it was a complicated situation. how do you read the initial breakout? >> well i think the tools that were snuck in through the frozen meat quote unquote, were not adequate enough to cut into some of those pipes. so i'm with you there, i thought all along there was extra help and possibly if not other guards that the construction crews

themselves were either knowingly supplying tools there or. >> or the construction crews working on the prison these guys would have had a map to where the under ground was -- >> i would absolutely lose my mind. that was a long way to go through a small pipe. >> so they're blaming this trollop, joyce mitchell that she is the mastermind of getting these guys through. i mean i think she helped them. but as you pointed out they had to have heavy duty stuff to get out of there. >> right, she is somebody who has a an issue, that is a perfect person for a psychopath to manipulate.

but she was not the mastermind. >> but she was supposed to drive them to mexico? >> she would have been dead. >> she chicked out. you and i believe there was other help. now, one guard has been arrested for supplying something. but the fbi is now in on this. >> that is right. >> and why is the fbi in on it? >> because it's a public corruption case and anybody involved will kind of minimize their involvement. and i think you can look at the state and prison system as wanting to minimize their role. >> the feds say you know what? new york state, you botch this. we're going to come in and find out what happened. this guy is talking, right? >> he is talking but again he will minimize his role in this. >> he is going to be -- he probably is bartering for meals now. i'll tell you this if you give me a decent meal because he is done forever. i expect he will talk -- >> what they need to do is take

all the layers of the different interviews they do put them together and then look at the clear picture. >> he is not going to protect anybody. now on the run in the adirondacks, have you been up there? >> once. >> right, it's pretty primitive territory there so you could dodge the authorities for three weeks once you got into the forest and got your food and pepper spray and smell, i guess, they had clothing and stuff like that. so -- i'm not critical of the hunt. i think the hunt it was inevitable that they would get it. but they didn't seem to have a plan other than evading day to day, right? >> it appears their plan was to get away and have her drive them. and when that fell through they didn't really have another option. i do find it odd, though the cabins that they went to and are in, are correction officer cabins. >> so they knew where they were somewhat. >> maybe they overheard that --

>> they had to have maps of the whole prison, where the camps were and all of that -- >> now, i want to tell the viewers, you run a company that helps vets get jobs right? >> right, we're not a nonprofit. what i do is try to create a company or we'll partner with other veteran companies because i believe we offer something that the public needs. >> how can people find out about you? >> they can go to united states continued service. >> all right, jonathan gillian, thank you for joining us. >> thank you. >> and things going down hill in new york city as the over-liberal mayor is backing policies that are creating chaos on the street. jesse watters will report. also brit hume with more on donald trump getting sacked because of his comments on illegal immigration.

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dropped trump's ms. usa pageant, and today, this happened. due to mr. trump's comment regarding immigrants nbc is ending their contract with him. he already will suspend his role because of president. joining us from washington brit hume are you surprised by nbc's actions today? >> a little on the face it appears they put their interest in political correctness, not to say i agree with mr. trump's remarks, i don't. ahead of their business interests. but when you think about it bill the big one was the apprentice. >> you said you didn't agree -- >> i think it was exaggerated and grossly over-simplified. i think there were many good people trying to make it here from mexico and we saw it in particular from these kids than

he suggested. >> okay could an argument be made he was highlighting a problem, trump was, that is harming the nation and just didn't speak to it in a specific way, rather than you know, trying to -- i don't think donald trump was trying to demonize all mexican people i think he was trying to show that the president in mexico doesn't have the will to stop the carnage. >> well he is in the middle of a political campaign and definitely would make a comment. they didn't agree with what he said so they fired him. >> okay now on nbc's behalf don't they have a responsibility to tell their audience that we're going to respect you. and that if a person a presidential candidate or whoever runs you down because -- trump was speaking in a very general way, we're going to stick up for you. isn't that you know -- >> well maybe -- do they apply that standard to al sharpton

who has a nightly show and even when he is doing that or getting involved in difficulties in places like ferguson and making statements that turn out to be false about places, particularly about ferguson they don't seem to. >> all right, so you think it is a political correctness comment? >> basically i think so. >> chris christie he is going to run for office. do you think he has a shot? >> he has a shot. but he is in worse shape than before he needs to be bolstered up. if he is not high enough in the polls he won't be able to do that. the second thing when you're way down in the pollingss especially in a big field -- >> he is a very outspoken guy, i don't know if i would have used the phrase "bulk him up" but he is a very flamboyant guy,

especially if he comes in with the themes a little more than trump -- >> and in nearly all cases they have gotten a lift in the polls. so if he gets a lift in the polls he will be in the hunt at least. his fundraising will doubtless improve and he will have a shot in the debate where he has a further chance to show his stuff. >> well he is a lively guy, and that is what we want. john kasich did a very good job as a governor in ohio nobody knows him, though what kind of a shot does he have? >> he has a shot too, bill. he is waiting until well into july to announce apparently. and i'm not sure -- i mean i don't know but -- >> may be tough to get him on the debate stand -- >> he has to do something that lifts him up in the polls for the same reason that christie needs to go to get him in the

debate and raise his fundraising prospect s prospects. he has a very impressive record shared the budget committee, very knowledgeable about the issues and then of course served as a very popular governor -- >> you left out the most important thing. >> what is that? >> subbed for me on the factor -- >> oh my lord, i should have put that first. my apologies. when we come right back governor mike huckabee angry about the gay ruling. and was that an insult to persons who are pro-traditional marriage? and watters on the streets of new york city. up ahead. just switch from denture paste to sea-bond denture adhesive seals. holds stronger than the leading paste all day... without the ooze. feel secure. be yourself. with stronger, clean sea-bond. you wouldn't order szechuan without checking the spice level.

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the only good weed is a weed that's dead ♪ ♪ roundup ♪ yeha! [ whip cracks ] [ male announcer ] roundup... [ whip cracks ] with a one-touch wand. thank you for joining us, i'm bill o'reilly in the personal segment story tonight, i must say i was a bit surprised to see the white house doing a victory lap, using actual white house property on friday. the people's house was illuminated in rainbow colors to celebrate the gay marriage decision. now, what about all the americans who believe a re-definition of marriage is not the job of the supreme court. >> when the president lit up the white house the other night with rainbow colors i guess that is

his prerogative. if i become president i just want to remind people that please don't complain if i were to put a nativity scene out during christmas and say you know if it's my house i get to do with it what i wish despite what other people around the country may feel about it. >> joining us juan williams and mary catherine, juan do you believe the white house should be able to dictate the policies? i mean come on it's the people's house, all the people. >> yeah i think that is why it was totally legitimate for the president to do what he did, bill. first of all, there were no taxpayer dollars used for that illumination -- >> the property -- all the security -- >> no you're missing the point. you're missing the point. here is the key, and this is where mike huckabee just demonstrates why he is totally lost. what you have is a constitution

that says there shall be no state-established religion which you why you can't go out there and put religious symbols on the white house. >> look juan don't you think -- >> but this is about a political office. the president of the united states is a political office. the president can give out medals of freedom and celebrate the military -- >> he uses the facility that is there for all americans. and don't you think, juan it was in your face. he did an in your face to traditional americans. >> not at all. a celebration of a supreme court ruling. that is government that is established. >> all right, mary catherine, do you have anything rational to say this evening? >> well you know it's not often that i do. i'm for same-sex marriage but i have trepidations on how this came out. it is not the hugest deal in the world but a little bit of a football spike. it's an activist rule.

but most importantly it does not comport with his own record on gay marriage. could liberals and others please stop pretending that he was a brave leader on this issue, that hillary clinton was, he changed when he was forced to. >> what i believe is that marriage is between a man and a woman. >> define marriage. >> i believe that marriage is the union between a man and a woman. now, for me as a christian -- for me as a christian, it's also a sacred union. god is in the mix. at this point what i have said is that my base line is a strong civil union that provides them the protections and the legal rights that married couples have. and i think that is the right thing to do.

>> juan? >> well don't get this. i enjoy skewering politicians, that is part of the joy in my life. but i must say all americans if you look at the polls have gone through the same switch in terms of how we feel about same-sex marriage. it's not obama is the only person who has evolved on this point. >> all right, mary catherine. >> hold on one second in 1996 when he ran on a more liberal area he put on a questionairre that he was against it. then he decided to pat himself on the back for being for it. come on let's not pretend he was not ten years behind dick cheney and the koch brothers on this issue. >> you just made the case he was behind it all this time -- >> he is flopping around like a flounder on this issue --

>> so are we so is the american people if you're honest. >> all right -- >> i'll call you my fishy friends. >> it was wrong and insulting to light up the white house like that. he should not have done that. >> that is the biggest worry in the world -- bill is that the biggest worry you have tonight? >> should not be used for political purposes. >> oh get out -- >> all right, i got to go and mary catherine ham's book end of discussion doing very well in the marketplace. and watters on deck uber liberal policies causing trouble on the streets. you will see it next.

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back of the book segment tonight, things are really

getting crazy here in new york city. after the election of uber liberal mayor bill de blasio. the department has been under intense scrutiny. in fact, the policy is for cops to identify themselves in writing while making stops to civilians. also making chokeholds a crime. the recent study shows that 80% of police don't feel they should be pro active on the force. and that could create problems in penn station in the past year it has really gone down hill. >> do you guys come to penn station often? >> i do i commute from new jersey. >> does it affect you in and out of the area -- >> sure i think as a human being you can't help but feel that and see something.

>> i see the up-swing i see a lot of people basically living here in the stair wells, in the back areas. >> when you're here and you see homeless people in penn station how do you react? >> it's kind of heartbreaking to see other people who don't have health care and don't have money to buy food. and it's a possibility that they could die from that. >> in penn station you're not allowed to loiter sleep on the floor or panhandle. these violations should get you either kicked out, fined, or thrown in jail. technically you're not allowed to loiter and panhandle, are they enforcing that? >> i don't think so i really don't see them talking to anybody -- >> do you live here? do you sleep here, too? are you allowed to sleep here? >> yes. >> what are you doing in penn station -- >> how much can you make off

recycled cans and bottles? >> you make $20 a day. >> and survival -- >> do the authorities allow you to sleep here? >> they let you sleep up >> they let you sleep until a certain time. >> do the authorities give you a hard time? >> how long have you been homeless? >> since 2005. >> you don't have any health insurance? >> sure. they give that you when you get on welfare. >> how did you wind up in this situation? >> drugs. >> what kind of drugs? >> bad. >> how do you make money? >> prostitution. >> how do you make money to get by? >> i have a very good start from the federal government. >> do you have any addictions? >> drink. >> what's your favorite drink? >> beer. >> how many times have they asked to you leave penn station? >> a couple. >> do you think you need help with your drinking? >> no. >> do you have rum in your pocket there? >> yes. i have bacardi in my pocket

right now. >> are you allowed to sleep down here? no? do you ever sleep here? for how long? >> eight hours. >> do you ever feel scared when you see homeless people here? >> yeah. you never know what they could do. >> i was attacked going up the stairs one time. they just walked right up to me. they grabbed my face. he was just talking craziness and i was just going to work. >> he actually grabbed me for money. not so much as politely. he was very aggressive when they touch you. i felt very uncomfortable and threatened. >> i had someone pick up a chair and wanted to hit me ovever the head with it. >> how long have you been in business in penn station? >> 1987 so 28 years. >> more homeless now than ever. >> do you see a change in the level of homeless activity in penn station under de blasio? >> i see more homeless. i feel bad for a lot of these people. i try to help them out.

>> sometime they'll stand in front of the store. we won't notice it right away and they're panhandling. >> i say when giuliani was mayor, i saw more enforcement. every time we have to mop the floor from human waste. if we really want to help the homeless, i have a heart like anyone. why are not we doing more? >> you commute. you go through penn station every day. >> i do. >> so giuliani and bloomberg, the two previous mayors, they said you can't stay there if you're homeless. there are homeless shelters where people can go in new york city. and you have to move along. you can't just park yourself there. but under de blasio, that stopped. is that what you're seeing? >> i've noticed it especially this winter. it's the worst i have ever seen it. you're little tent cities, drugs where people are out of their minds, very unpredictable.

a lot of people are being attacked. and there's a lot of money to deal with it. a $78 billion budget in new york. why can't they get them into plush homeless shelters? >> de blasio doesn't want to enforce what they call quality of life crimes. a good report. thank you very much. factor tip of the day. a liberal commentator apologizes to me. shocking. the tip? moments away. you're giving away pie? what would you like, apple or cherry? cherry. oil or cream? definitely cream. [reddi wip spray sound] never made with hydrogenated oil, oh, yeah... always made with real cream. the sound of reddi wip is the sound of joy. working on my feet all day gave me pain here. in my knees. but now, i step on this machine and get my number which matches my dr. scholl's custom fit orthotic inserts. now i get immediate relief from my foot pain. my knee pain. find a machine at drscholls.com ♪ how's it progressing with the prisoner?

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and ones you never thought you'd make. we help connect where you are. to places you never thought you'd go. this, is why we travel. and why we continue to create new technology to connect you to the people and places that matter. >> the tip? the tip of the day in a moment i get an apology from a liberal guy. first i want to welcome all our bill o'reilly.com members. you can hear 24/7 and father's day gifting. we have thousands of new members. our daily no spin newscast just for you guys. containing stuff i cannot say on tv. no cursing. just other insights. although everyone has a shot at getting their letters on the air, premium members have a special address.

i home you all enjoy premium membership. >> bill i it is long past time for average americans to stop accepting the racist label. there's no such thing as an average american. everyone is unique. >> bill, i'm a social studies teach here agrees with most of your positions but you treat your guests with incredible disrespect to the point i want to side with them. robust debate is not disrespect. challenging folks with facts and not allowing them to evade said facts is responsible. that's what i do here. it is a tough forum. no doubt. our mandate is not to waste your time. many people are afraid to talk about race because we fear being labeled a bigot. legitimate fear and you should be careful. zealots are not worth your time.

i have traveled to the u.s. often to work and have never seen racist behavior even though i'm in contact with blacks and whites. >> i just gave my husband the premium membership. i chose your book killing reagan as the free gift. you'll get it in mid-september and you're a good wife. from florida, bill, feel free to take all the time off you want. jesse watters made my day filling in for you. watters was actually good but not as good as you. give him time. i've been doing this since the titanic went down. it feels like it any way. and finally the tip of the day. last wednesday we reported that a commentator on msnbc had taken my comments about the confederate flag completely out of context thereby misleading the audience. the next night he applied. >> i said that bill o'reilly

represents the bravery of those other fought in the war. and while it's true he literally said the words, it stands for bravery, it is quite clear from the context, he was not giving his own views but talking about how some other people view or understand the flag. we should not have attributed that view to him. fair is fair and i apologize. >> now we accept his apology and acknowledge courage it took for him to do that. that kind of thing rarely happens in the media these days. case in point. publisher weekly magazine which ignored one of the biggest books of the year, killing reagan. i pointed out accurately that killing patton was the biggest selling book of 2014. thus it was inexplicable that "killing reagan" was ignored. and that happened because of ideology as a staff of publishers weekly is heavily liberal. the magazine responded saying

four books outsold "patton" last year. that's true. but they were kids and young adult titles. not in my category. here's what p.w. wrote last january, quote, in fact, the only adult title to sell more than one million was "killing patton." the fourth book released september 23rd. the book topped the adult nonfiction list. and sold more than adult fiction as well. so unlike chris hayes, publisher's weekly continues the deceit and everybody in the book business knows it. killing reagan was ignored for ideological reasons. gently speaking, the american media now driven by ideology and that often involves deception. let the buyer beware. that's it for us. also, watch factor anywhere in the world. name and town if you wish to opine. word of the day, do not be

affrighted. please remember, the spin stops here. we're looking out for you. breaking tonight, we are getting exclusive new details on the massive trove of evidence in the criminal case against six cops in baltimore that has inspired riots, protests and questions about an increase in violent crime across the country. good evening and welcome to "the kelly file." we learned late today the investigation into the death of a sometime drug dealer named freddie gray has produced some 300,000 pieces of evidence against the six police officers who now face a list of charges, up to second-degree murder. sources who have seen this evidence, or have been told about it are only the telling "the kelly file" that while all six officers have spoken with