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

investigators, the officer who is facing the most serious charges has not said anything of substance. we'll show you why that is important in a moment. "the kelly file" learning, a police interview with this man. the only man who was actually in the police van with freddie gray on the day he was injured. and who allegedly told police that he could hear freddie gray trying to injure himself. the "washington post" broke that story which mr. allen there after tried to deny to the media. >> the story was according to the "washington post," that there was screaming in the van. you said that he was intentionally screaming and hurting himself. >> untrue. very, very, very untrue.

i never talk to nobody. i got my own personal lawyer who i haven't talked on all day because. things going on. the only person i talk to, the exact sail thing i'm telling y'all, i told them. >> mr. allen won't to tell reporters that all he heard was, quote, a little banging. and he add that had he and mr. allen are no snitch. tonight "the kelly file" has learned the "washington post" had it right. a source close to the case telling us, there is actual videotape of donta allen telling police that freddie gray was repeatedly banging his head against the van. that he sounded like a madman. that he was asking himself why the comes would put him in a van with a crazy person. guys, thank you for being here.

so he tried to retract his initial statement to the police once it became clear to him how it would fear others. you tell me, arthur, how that will play to a jury when he is on camera, on tape. the first statement to the comes is that he thought freddie gray was trying to hurt himself. he wondered why he would have put him in a van with a crazy person. >> it is very credible that he would be on videotape. it was common practice. by the years ago it was a cassette tape. now with technology on a murder case, you have a key witness like that, you are going to memorialize it. so for the specific reason of locking him into a statement. that will be played by the prosecutors. >> it will be played by the

defense. >> i'm sorry. played by the defense. although you never know. sometimes the prosecutors will play it to take the wind out of the sails. and that, ladies and gentlemen of the jury, is reasonable doubt. that is reasonable doubt when the police officer driving this vehicle or any others caused his death. >> here's one of the reasons why it seems like such an important fact. we are being told that the one officer who hasn't spoken is the driver of the van. officer goodson. and according to the report that came out on friday, that is when the evidence was turn over to the defense. they said all six cops have spoken. we learned today that is not really true. that the officer is top left. he has not really spoken. he may have issued some statements like talk to my lawyer. but subsequently he has not

spoken. you have the driver of the van not speaking. now you have the only other person in the van, the first statement to the police, before he understand what's the media will do to this. what his friends will do to this. it sounded like he was a cdc man trying to hurt man. >> extremely compelling that the driver is not speaking. theon way they can possibly prove second-degree murder is if there was some time of admission by the driver, we're going to give him a rough ride. we're going to slam on our brakes because he was causing us trouble. an single any statement like that, coupled with this guy as the star witness and donta allen won't to say in a cnn interview, wasn't a rough ride. so it would have had to be a rough ride prior to him getting in the van which is the prosecution's theory. but the theory does not square with what the testimony is going to be from the only other person who was inside the van. who is going to say, when i got in, it sounded to me like freddie gray was next to me.

they can't see each other. hurting himself. i'm not saying, i don't blank to believe about donlta allen or what he experienced but that's reasonable doubt. a second-degree murder charge against that driver. >> and he's the best evidence. he is the only person back there. none of the police officers are back there. and he is as close as he can be. his testimony is not that he was moaning or asking for help. he sounded like somebody very agitated. again, a judge almost has to dismiss it after the people's case. >> they don't have the proof. and now we learn that the prosecutor, this is so interesting to me. is trying to divide the defendants. and a lot of people thought, all right. six defendants. she's going to take the two who chased after freddie gray and did the arrest before she got in the van. she'll try them together. she's not, she's mixing and matching. she wants two tried. it is not the two on foot versus the four that came after. what is she up to?

>> one single reasons why she's doing that. it is getting someone to point their finger at someone else and give them something. the evidence doesn't support right now. it is completely transparent. >> and i can tell that you "the kelly file" is informed by a source close to the case no, one has filmed on the others. the cops are standing shoulder to shoulder. >> that's the way it appears as joupt. outsiders looking in. but the prosecutor said don't forget, one witness that went on will be cross examined by six defendants attorneys. they get pulverized. you make the story a little easier than a juror. >> all right. last question. >> one of the thing they've turned over is statements by the comes themselves.

you tell me whether those are coming into evidence. normally a com gives a statement when he's making an arrest. he is doing it as a police officer. he hasn't been mirandized. he hasn't realized the statement could be used against him in a criminal trial. >> i think it generally comes in. if they had them come in and say we're conducting an investigation. you're free to go. they're not in custody. miranda rights must be read when someone is being questioned which they were, but second, they were in custody. they weren't. they were free to go. i think the statements will come in. >> absolutely. hitting the nail on the head. people think, i wasn't

mirandized. that's only when you can't leave. they put the cops say you can't leave. when you say, i did the homicide, that comes in. >> great discussion. great to see you both. >> one escaped prisoner is dead and the second is reportedly talking after the biggest manhunt in years came to a violent end. what a job the cops did in getting these guys. what does it mean for the woman who helped them escape? we'll speak to a former inmate on spent time at the prison with some fascinating insights. >> and terrorist concerns. plus, ugly new fallout over that donald trump as nbc makes a new announcement. how that's next. >> you're tough, you're smart, you're brilliant in so many different ways, you've done such an amazing job in raising so much money for your charity. it is an honor to have worked with you.

there is new fallout for donald trump tonight. it involves this network. >> that was one of america's largest tv networks announcing pits cutting ties with the 2016 candidate donald trump over remarks mr. trump made about allegedly violent mexican criminals illegally crossing the

bored entire the united states. writing, respect and can i go in it for all people are corner stones of our values. today trump firing back saying, he cut ties with the network even though they wanted him to return to the reality tv show, "the apprentice." >> as you know, they renewed "the apprentice." i told them i cannot do "the apprentice" because i'm running. and they were not happy with it. they wanted me to do "the apprentice." with my statements on immigration which happen to be correct, they are going to take a different that stand. i think as far as ending the relationship, i have to do that. my view on immigration is much different than the people at nbc. >> joining us now, geraldo rivera, host of geraldo rivera reports. >> and it turns out, you spoke

with mr. trump today. also with us, howie kurtz. so he and nbc have cut ties. hit to happen since he is running for president but it didn't have to happen like this. >> first, i'm filled with respect and admiration for donald trump. i've known him for decades. it was one of the experiences of my career being on "the apprentice" with him. he has rebuilt manhattan, the skating rink, the garbage dump that he created a golf course out of after decades of bureaucratic inaction. it was really great. so when he said that about the mexicans and about they're all killers and drug dealers and rapists. >> not all. he said some are very good people. >> and some i guess are good people. it caused such pain and anguish in the latino community. such rage. i wanted him -- look, i know

most people who watch our network disagree with my liberal stance, relatively liberal stance on immigration reform. >> which is why you're the perfect person. you love mr. trump and yet you love the hispanic community. >> and i wanted him to know how hurt good people were. law-abiding good people, that his statement was way too broad. it was crude in many ways. >> you thought he could hear it coming from you. >> i was begging him on the telephone just apologize. you can have the same strong view. build your fence. build it a thousand feet high. nobody builds like you do. let it be clear. >> we have the photo of geraldo talking with donald trump. what's the bottom line? is he going to apologize? >> i won't tell you what he said. i wasn't really on the record per se. and i feel awkward. >> checking his twitter feed. i don't think it works. >> suffice it to say he hasn't backed down. >> no.

he was on our show on thursday and he was referring to mexican immigrants and other immigrants as killers. not all of them of he is standing by his comment, that nbc is weak. they are weak. otherwise they would tell the truth which is as i say it. that was his point. >> first of all, this is gratuitous grand standing by nbc. it would have done it a week ago instead of putting out a work statement. and because trump is leaving. >> he cannot host "the apprentice." that's not allowed. >> an easy shot to take to mollify hispanic viewers. even his persuasive as geraldo, what a lot of people here, even when trump goes over the top. they like that he doesn't apologize. they like that he doesn't parse his words like most politicians. the average politician would have backed off and clarified many times by now. but trump gets away with it. >> anne coulter has a whole book out now that makes this point.

granted, she's not running for president. >> nor would she ever be elected with that point of view. >> she cites that some who cross borders. >> i research it tonight. undocumented immigrants commit crimes at a lower rate than the citizen population of the united states and the united states is unique in this experience. every poll shows that. >> someplace anne got a shiver down her spine and i'm getting an e-mail asking to come on the debate. i think he raises an interesting point about nbc. donald trump came out and said, respect and dignity for the people? they keep brian williams? as he proven liar and i have to go because i said this? >> you're ahead of me. he drags in lying brian williams. nothing to do with this knowing it would be cat nip for the media. >> in his defense, i think he was indignant at them trying to

claim the moral high ground and he doesn't think they can. >> and he says, they didn't fire me. i fired them. when he ran for president, did he not say i fired nbc. >> he is in second place. he is very strong. and he is a great executive. he could really do it if co-only put a little damper on his -- >> do you think the hispanic community will hold this not only mr. trump but the republican field? >> i have no doubt about it. because if republicans now fall in lock step, in varying degrees, jeb bush aside. i think he is the most latino candidate in the race even though he is running against two guys who are cuban americans. i still think jeb bush with his wife. he has to have a moderate stance as well. >> i don't think people see trump as a cookie cutter republican. >> but you don't win the

republican nomination by being a cookie cutter republican. you win by getting activists activated. and one of the ways you get them activated is to throw red meat at them. and say immigrants, drugs, rapists. >> they probably won't talk to each other. we'll do it consequentially. one after the other. good to see you both. up next, hear from a former prisoner at the maximum security prison these two guys were at about the system that lets convicts like these escape like these two escapees get contraband. i'll ask him, what can this guy who has been captured trade? what information can he give and what can they give him to get it? so we can find out more. plus, judge napolitano in a civil suit getting national attention because of what one patient caught on a cell phone

while he was sedated in the o.r. >> after five minutes of talking to you in pre-op, i wanted to punch you in the face. why pause to take a pill? or stop to find a bathroom? cialis for daily use is approved to treat both erectile dysfunction and the 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 and a free 30-tablet trial.

you pay your auto insurance premium 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. if you suffer from a dry mouth then you'll know how uncomfortable it can be. but did you know that the lack of saliva can also lead to tooth decay and bad breath? well, there is biotene specially formulated with moisturizers and lubricants. biotene can provide soothing relief and it helps keep your mouth healthy too. biotene, for people who suffer from a dry mouth.

if you have moderate to severe plaque psoriasis. isn't it time to let the real you shine through? introducing otezla apremilast. otezla is not an injection or a cream. it's a pill that treats plaque psoriasis differently. some people who took otezla saw 75% clearer skin after 4 months. and otezla's prescribing information has no requirement for routine lab monitoring. don't take otezla if you are allergic to any of its ingredients. otezla may increase the risk of depression. tell your doctor if you have a history of depression or suicidal thoughts, or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. side effects may include diarrhea nausea, upper respiratory tract infection, and headache. tell your doctor about all the medicines you take and if you're pregnant or planning to be. ask your doctor about otezla today.

otezla. show more of you. we are getting new information about what is next for the two prison guards charged in helping richard matt and david sweat escape. matt was shot and killed friday afternoon. two days later authorities caught one sweat. they shot him twice in the torso before taking him back into custody. rick leventhal is live in platzburg, new york with the very latest. >> reporter: despite being wounded, sweat has been talking to investigators detailing his 23 days on thehe run. he said the original plan was for joyce mitchell to pick him and matt up when they escaped. he said they were going to kill her husband and drive to mexico and live happily ever after. when mitchell didn't show up, they decided to go to canada instead. sweat said he?

up with matt five days before matt was killed by a team member because matt was older, not feeling well and slowing him down of he almost made to it canada. a mile and a half from the bored where the police sergeant jay cook alone on patrol spotted sweat. tried to talk to him. recognized him and then chased him and shot him twice in the back when he said he got close to a tree line. today we saw the clinton county d.a. i asked him how he would handle the shooting investigation. >> if it wasn't my county, i would they ever present it to the grand jury and let the jury make the determination. >> and your understanding in regard to new york law. do you believe it was a lawful shooting?

>> if this case occurred in my county, i would present it to the grand jury and allow the grand jury to make a determination. >> meanwhile the 27-year veteran was in court to face a routine hearing on his case. he is charged with giving tools to those convicted killers and also destroying evidence. he is out on bail and his case is expected to go to a grand jury in three to four weeks. of course, joyce mitchell also behind bars and she and palmer could face years in jail. >> joining me now, a prison inmate with intimate knowledge with how things work in the prison. what the mafia can teach the prison journal world. the first thing i want to ask you, what exactly did do you that handed you in dannemora? >> i was the heist guy. i was the stick-up guy. we would do hijackings and me and my co-defendants would do car heists, bank robberies and we did it for the mob.

>> okay. >> you said you served time in federal and state prisons. david sweat is talking and he's in prison. how bad could they make his life if he refuses to talk more? how much better if he does give up information? >> i think he's talking because he's a little bit in a stupor and i think he wants to brag about what he's gotten away with. his only bragging chip would have been holding out and not talking and saying, listen, if you want to make a deal, i want to get into the general population one day and not be kept in the hole the rest of my life or be sent to some really, really bad place. even worse than clinton which there really isn't many, if any. his defense attorney probably would have told him to do that.

the more he opened his mouth. the less of a deal he can make. he was done already. they could use the excuse. >> how long did you hear about somebody staying in the hole? staying in solitary confinement? could they keep him there forever? wouldn't that be cruel and unusual? >> there are laws against it but they find ways around it. there are people who have been in the hole. they could say if he was a snitch, and i heard matt was already. that sweat was already as well. an in-house snitch. if that's the truth, they could use the example he is being held for solitary confinement. on that base you they could keep him there a long time. maybe forever. do you think he would return as a hero to prisoners?

he escaped. he made it. is he like this god-like figure in prison? >> if he was not a snitch, he would be the man. the first thing is he killed a cop. the cop is the enemy. so he has an enemy kill under his belt. so he is already heralded as an extra special guy. the second thing is he led 2,000 law enforcement officers on a wild goose chase for three weeks after pulled out like an alcatraz style escape. this guy would be the famous guy, the most famous guy in prison since al capone. once a snitch, he has a lot of problems. not only the hardened criminals will hate him but a lot of the other snitches and there are a lot of them in prison. a lot of the other snitch

there's hate him. one, he blew it for them and they won't get what they used to get. and believe it or not, the hard oldest snitches are the snitchest. they want to maintain their cover, if you see somebody who snitches on snitches, i saw a gu slice a snitch from his lip to his ear with a razor. we found out a year later that that guy was a snitch too. >> lou, fascinating. thank you so much for being here. we appreciate it. >> thank you. >> coming up, a legal expert who spent the weekend looking at the supreme court ruling on marriage has a warning for catholic schools and religious groups across this country. we will have that for you just ahead. and up next, why there is so much worry about security for this coming weekend. the fbi is setting up command centers across the country and then there's is this. >> i wouldn't be surprised if we're sitting here a week from today talking about an attack over the weekend of the united states. tipation or irregularity powders may take days to work. for gentle overnight relief, try dulcolax laxative tablets. ducolax provides gentle overnight relief, unlike miralax that can take up to 3 days. dulcolax, designed for dependable relief. i have great credit. how do you know? duh. try credit karma. it's free and you can see what your score is right now . i just got my free credit score! credit karma. really free.

♪ ♪ ♪ (vo) making the most out of every mile. that's why i got a subaru impreza. love. it's what makes a subaru a subaru.

when you travel, we help you make all kinds of connections. connections you almost miss. 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.

we are hearing dramatic warnings about a we are hearing dramatic warnings about a possible isis inspired terror threat here in america over the fourth of july holiday. the heightened alert coming from the fbi and the department of homeland security in the wake of friday's trio of terrorist attacks. in tunisia, a gunman opened fire at a beach resort.

in kuwait where a suicide bomber blew up a mosque and in france where a radical behead ad worker in an american-owned factory. today cia deputy director could not have been more blunt. >> i wouldn't be surprised if we're sitting here a week from today talking about an attack over the weekend in the united states. that's how serious this is. >> live in washington with the very latest. >> well, tonight fox news confirming the fbi will be setting up command posts across the country to facilitate intelligence sharing over the july 4 weekend with one source saying the focus is getting isis sympathizers off the streets and then building a case against them. today the white house seemed to dismiss the warning as routine. >> it is not uncommon for these joint bulletins to be issued in advance of the fourth of july.

i can say there is no specific credible intelligence to indicate any threats against celebrations over the fourth of july weekend. >> those briefed on the bulletin say otherwise. it warns of a heightened threat linked to isis including at the drawing contest in texas as well as the june crisis. he was shot and killed outside a boston cvs after he lunged at investigators. while there is no connection between friday's attacks in kuwait, tunisia and the beheading in france, kaenl authorities are confirming the french suspect took a selfie with a severed head and then sent to it a canadian mobile number, suggesting some level of connectivity. >> in light of the three attacks in three hours on three continents overseas, it suggests isis is not just regionalized but rather it demonstrates a global threat.

>> and the chairman who gets regular intelligence briefings adding july 4th is a target rich environment in military bases as well as parades. >> thank you. joining me now with peter king. so you hear the former deputy director of the cia say, i wouldn't be surprised if we're talking about an attack that happened this time next week. he is not really known for his inkrenld area rhetoric. that scares a lot of people. should people be scared? >> people should be concerned. you're right. mike morrell is really journal stated. in this case i agree with him completely. i've been hearing reports the last two to three weeks now. in the last week alone, the last ten days, we've had five different arrests in new york of isis supporters. these are people the fbi believes are involved in potential terrorist activities.

to have five individuals arrested over such a brief period of time in one geographic area. that's just one further indication. and there are others out there of the potential of an attack. isis has called for attacks during ramadan. this july 4 occurs during ramadan and i can tell you, i would say since september 11, this is the most concerned i've seen the fbi and homeland security and the local police. you talk to the nypd, they are certainly on full alert. they are surveilling and sgaching monitoring as is the fbi. behind the scenes, when you talk to people involved in this, they're extremely concerned. i agree also. >> what does it mean that people are coming out being so public with this? what does that mean?

they need the public's help? >> several things. first of all, i've been aware of this the past two or three weeks. i didn't say anything until the homeland security secretary came out friday and mentioned the fourth of july. part of it is, as we approach the fourth of july, by letting them know what we know, that could cause them to stand down. also, we have to start, so people long if they see actions being taken, they should support the police and provide whatever information. as secretary johnson said in his statement, the american people, if they see something, say something. and i think that's especially true for peel in the muslim community. i'm really calling on them. let police know. we're talking about potential life and death here. >> wow! congressman peter king. thank you.

>> let's move on to something else. legal experts pore through the supreme court ruling on marriage, they are raising questions about the fallouts for churches, religious schools and faith groups across the country. one of those experts joins us live. next. plus, judge napolitano is here to weigh in. what one patient inadvertently captured on his cell phone while he was sedated. listen to the anesthesiologist. >> after five minutes of talking to you in pre op, i wanted to punch you in the face and man you up a little bit. esurance was born online. which means fewer costs, which saves money. their customer experience is virtually paperless which saves paper, which saves money. they have smart online tools so you only pay for what's right for you which saves money. they settle claims quickly which saves time, which saves money. they drive an all-hybrid claims fleet which saves gas, which saves money. they were born online, and built to save money, which means when they save, you save. because that's how it should work in the modern world. esurance. backed by allstate. click

or call.

feel secure in your dentures... feel free to be yourself all day. 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 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. if you qualify for a sittingham's card today i can offer you no interest for 24 months. thanks to the tools and help at experian.com, i know i have an 812 fico score, so i definitely qualify. so what else can you give me? same day delivery. the ottoman? thank you. fico scores are used in 90% of credit decisions. so get your credit swagger on. go to experian.com become a member of experian credit tracker and take

charge of your score. new reaction to the same-sex marriage decision.

the joy has been tempered by the warning justice scalia in his disent. he wrote, i write separately to call attention to this court's threat to american democracy. until the courts put a stop to it, public debate over same sex marriage displayed american democracy at its best. joining me now, the former counsel to dick cheney. what exactly do you think is under threat? what institutions? >> i think all religious institutions that disagree as matter of sort of fundamental faith tenets. >> not churches themselves. >> no, i think churches, i don't this overnight. i think there will be incrementalism. i think schools, churches, charities, all of those are

probably under threat and it is an alarm that was sounded by the chief justice and justice alito in the disent in these cases. >> they asked and he conceded those others, not churches themselves but religious institutions might very well be gravely affected by this. >> he answered very candidly and said, it is going to be an issue. the question, the questions, there are a number of them. the questions that are going to be front and center are the status of religious institutions, universities, churches themselves, charities, there will be questions about accreditation of colleges. questions about the ability of governments to contract with these organizations. you've already seen a lot of these questions where the catholic charities has been

booted out of the business of adoption in a lot of states. >> when you talk about the accreditation of colleges, that's one area. there are a lot of school in this country that are catholic schools and they affirmatively teach that marriage is between a man and a woman. so who enforces that? the department of education? >> no. it is actually delegated to these private accreditation boards. and these private accreditation boards which are made of university faculty and administrators and they are setting the standards. they set the standards. if you look at the standard of gordon college in massachusetts, they are coming down hard on christian universities that teach counter to what the supreme court has dictated. >> what is a catholic school to do? they can no longer teach that marriage is between a man and a woman? they can't utter those words unless they risk their tax-exempt status?

>> that's the fundamental conflict here. it is between religious identity of the organizations and their ability to work within our federal system of education. and our tax system. and there is a real issue here. i want to take you back ten years ago when justice kennedy said that the homosexuality case had nothing to do with gay marriage. and judge scalia said don't believe it for a minute. that's exactly what is going on here. justice kennedy again gave him service to the notion of religious rights. but there is every reason to doubt it. >> understood. good to see you. >> my next guest is getting a lot of attention, both for a presidential run and that the court has ruled on same-sex marriage and it is time to move on. joining me now, great to see you. first of all, i understand

you've made an announcement about an announcement. is it something you would like to tell us? >> well, only in politics do you make an announcement about an north america. that's what everybody says you have to do. people have been badgering me, when will you decide? i have an answer for you. i will announce what i've decided on the 21st of july. now everybody doesn't have to ask me, when are you going to decide? i'm telling you. i will have an announcement for everyone on the 21 of july. >> are people who want to see you run going to be happy or sad? >> well, that's a good question. let me tell you, we've had a lot of interest so far. people are like, we want to come to this announcement. hopefully we'll have a lot of people there. and i don't expect i'll be announcing that i'll be playing in the senior golf open or anything. it should be something related to this political endeavour of mine. >> that might be a little boring. let's talk about this same-sex ruling. ohio is one of the states in the union that had ruled gay marriage unlawful.

it wasn't a judge imposed thing. the people had their say. you say it is time to move. on you hear people like shannon and other lawyers who studied this including the distention in the supreme court saying this raises a bunch of institutions. >> things are happening very fast. i'm not a lawyer or the solicitor or any of those people. i happen to be the governor. what we do is we look at anything that's fast moving and changing, we sit down and try to figure out what could it mean. and i don't think we ought to get into speculation. one thing i can tell you, when we look at the evangelical community by and large, they basically have been very restrain in the what they've had to say. i know there are some in the evangelical community that don't feel that way. but i watched some people over the weekend. they said, look, we're about love. we're about prayer, we're about lots of things.

and for me, i've always said that traditional marriage is between a man and a woman. when the court decides it is the law of the land. i learned about the supreme court. >> cruz is saying they should be subjected to elections every eight years. do you agree with that? >> no. i don't think so. i think the system is fine. if i were to run and get elected president, i certainly would want the power to appoint them. bottom line. i appoint judges now. i appointed a judge in ohio. i want to make sure they abide by the constitution. in material of electing the supreme court, i'm not for that. then we have to have political elections to elect the supreme court. i think we have to see how this develops. i believe fundamentally that religious institutions have to be given protection. i have friends that are gay. i don't hear them say that.

if not, the problems arise and the people feel as though they're not being respected, we'll have to deal with it. let's not get carried away. let's wait to see what happens. >> governor, we'll see you in july. >> okay, it will be great. we'll see what it is. >> good to see you. i understand you're not working on the golf game so that should tell us something. >> coming up next, one doctor getting a hard lesson in bedside manners after a patient leaves his cell phone recording after an operation is. and the terrible thing that happened, next. owing by making every dollar count. that's why i have the spark cash card from capital one. i earn unlimited 2% cash back on everything i buy for my studio. ♪ and that unlimited 2% cash back from spark means thousands of dollars each year going back into my business... that's huge for my bottom line. what's in your wallet?

test. test. test.

i like your place. oh, thank you, make yourself at home i'll be right back. hm. she's got x1. alright. huh, hm, ohh... monster? she seemed so nice at dinner. i'm back! ahh! uhh... whatcha doing? ohh, just... watchin' law & order. awww, you're nervous. that's so cute. call and upgrade to get x1 today. ♪ a virginia man in for a colonoscopy colonoscopy colonoscopy records sounds during his operations. it's embarrassing stuff. not for him, but for his medical

staff. >> after five minutes of talking to you i wanted to punch you in the face and man you up a little bit. make sure you're down. accidently rub against it. there's some syphilis on your arm or something. >> i wish we had more time. it gets worse. that man is won half a million dollars. will it stand? judge andrew napolitano is our judicial analyst. >> in a word no it won't stand. the presumption is freedom of speech. the exception is defamation. defamation is language that harms you financially. not emotionally. >> the anesthesiologist is the worst one. >> the female and the gastio enterologist is performing the procedure. >> as if that weren't insult enough. >> having a raunchy conversation

about the plaintiff. they think he's asleep. his iphone hitszs record and recorded the whole thing. he goes home and he hears them really assaulting his personality. and he sues for defamation. this is not defamation. at best it's infliction of emotional distress. defamation -- >> it's hard to argue that when you're asleep. >> correct. defamation is when someone publishes a fals hood. >> you think the jury was inflamed like the colon. >> this should be a zero. >> who -- what should happen to this? apparently the anesthesiologist have to pay. >> her words were inappropriate. her treatment of his body was appropriate. her professional skills were appropriate. but they were -- >> no actions are listed against

the doctor or the virginia on the board -- >> instead of filing a complaint with the board of medical examiners in virginia this guy filed a complaint with the trial court of journal jurisdiction. >> this is -- it's my worst nightmare. it's bad enough to have to worry when you're under sedation you're going to say something crazy, never mind your doctor saying you're -- talking about the body. i'm having a colonoscopy. i'm having a crappy day. >> ms. kelly if you were on the table you would not be saying about you what they said about this guy. >> it's not the same for everybody. >> this is what happens in defamation cases, the trial publicizes the defamatory words -- >> that shows his courage. >> that shows he's crazy. >> let me tell you, the sounds that go on in a colonoscopy are embarrassing enough. i wonder if he bleeped out some

of the tape. >> did you choose this story for me? >> i'm just saying i like katie curic have been there and you do not need this insult. >> i would throw this case out of my courtroom. >> i would have appealed to somebody more reasonable. great to see you, the beast was as long as the boat. for seven hours, we did battle. until i said... you will not beat... meeeeee!!! greg. what should i do with your fish? gary. just put it in the cooler. if you're a fisherman, you tell tales. it's what you do. if you want to save fifteen percent or more on car insurance you switch to geico. it's what you do. put the fish in the cooler!

this allergy season, will you be a sound sleeper, or a mouth breather. well, put on a breathe right strip and instantly open your nose up to 38% more than allergy medicines alone. so you can breathe and sleep. shut your mouth and sleep right.

breathe right.

when you travel, we help you make all kinds of connections. connections you almost miss. 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. i was reading twitter. the reactions to our last

segment segment. they say we need to have a redo when brian kilmeade comes on because he's the butt of so many jokes. let me know your thoughts on facebook and twitter. see you tomorrow. tonight, the elites on the court look over much of this country as fly over country. they think that our views are simply parochial. >> 2016 gop presidential candidate senator ted cruz sounds off on the supreme court's ruling. tonight he's here in studio with more reaction. plus will the gay marriage decision force christians to violent their religious beliefs. father jonathan moren and pastor jeffers weigh in. the federal government warns americans about a possible isis attack this fourth of july. >> i wouldn't be surprised if we're sitting here a week from today