hat the spin stops right here because we are definitely looking out for you. breaking tonight a major e-mail dump by hillary clinton. the clinton camp is releasing a new batch of e-mails from the then secretary of state expected to total some 3,000 pages according to the state department. we are getting wrurd word there may be new information about team clinton having yet another private e-mail account and are expecting to learn more about the role of the clinton's controversial assistant, sydney blumenthal, a man the white house banned from the state department payroll but a man she used anyway. we will bring you the developments on what we find as

soon as we have them. breaking tonight a new blow for the faithful. days after the supreme court redefined the definition of marriage tonight a state supreme court decision declared a monument of the ten commandments is a religious symbol and must be removed from the grounds of the state capitol. it was argued the monyumt was identical to a texas monuement found constitutional. our fox news senior political analyst. i was working for you down in the d.c. bureau when the federal court case on the ten commandments was decided. it was unusual group that upheld

and the collection included justice brier, one of the most liberal on the court. what he said when he said the monument can stay. it has been there for a long time. it is religious but historical symbol. and what the liberal justice said was a contrary decision would lead to the removal of many long standing ten commandments in public and could there by create the very kind of religiously based divisiveness that the constitution seeks to avoid. here we go with the religiously based divisiveness that he was concerned about and that apparently the oklahoma state supreme court is not in a week when religious liberty is already coming under fire. >> well there you go. obviously, the oklahoma attorney general is going to challenge

this. it will end up before the supreme court and we'll see if justice brier and the rest of the majority feels the same way. perhaps this monument will end up surviving. >> what you are hearing from people online already people are clicking on it in record numbers. they are interested. they want to know why the ten commandments can't stand because days ago we got a monumental supreme court decision on gay marriage. and many people felt gay marriage is legal now and constitutional in every state and yet what happens to the faith with genuinally held objection. and then you have a supreme court of oklahoma saying no more ten commandments on the public grounds. we can have the white house in rainbow but cannot have the ten

commandments on the state capitol grounds. people are wondering if what the founders envisioned or what the country wants. >> i don't think religious intolerance is what the country as a whole want and i don't really associate with the oklahoma supreme court has done here with what the supreme court did in gay marriage. indeed as i suggested and you suggested the supreme court might reverse the oklahoma decision but it is fair to wonder whether the gay marriage decision will prove as divisive as some fear. the solicitor general suggested the exemptions would come under challenge and would be an issue. we are hearing some calls for the doing away with those religious exemptions. and one who is a person of

traditional faith in this country to whom the idea of gay marriage seems alien to the concept of marriage as it has been known, such people feel alarmed and the law of the land is something they don't recognize and they feel they are hearing hearing as happened to our friend father jonathan when he was spat upon that the attitude towards them will be if justice aledo warmed in his dissent treatment as if they are bigots and the rest of it. >> justice kennedy says don't worry. you are still free to believe as you want to believe. >> what he said was that you are free to teach the traditional

faith that you know and you are free to advocate it. what he didn't say is you are free to practice it. you are free to exercise it although the constitution's first amendment would certainly appear to guarantee that. he didn't mention that. he mentioned the first amendment without reference to the preexercise of it. i think he probably didn't want to go that far because he felt this opinion would be in the way of that. >> in the meantime we heard from the president and he is saying speaking of this being one of his best weeks ever and talking about how he knows what he is doing and fearless and going to push for as much progress or progressive ideas as he possibly can in the remainder of his term. is this a huge victory for him as many in the mainstream media are saying this is his doing and his victory that should emboldin him? >> he had a pretty good week in the sense that the things that he supported have been

vindicated. he had a good week on the measure that he wanted to give you this negotiating authority and which meant it would have to be voted up or down by congress. of course he couldn't get that with the support of his own party. required massive amounts of support by the republicans for him to do it. that's a victory but not a sign of his strength within his own party. the supreme court decisions which he favored i would rate that as a near death experience for obamacare because the sloppy drafting of it the decision was after all fairly narrow to uphold it came down to the wire really. the fact that he didn't think it should get to the high court but it did, could have gone the other way. it isn't necessarily vindicated. it has to do with rising costs and people losing insurance. it is something he wanted and got it.

he has every right to be happy about it. similarly on the gay marriage ruling that was one he certainly supported and urged but obama administration was not a party to that case. it filed an amicus brief which means friend of the court. so in a way that is a victory for a cause that he supported. you look around the rest of the political landscape and it is not clear to me that he should have a great deal of encouragement about how well he is able to put the agenda into effect. >> does that mean the gay rights decision last week was a long time coming as a result of the work of gay rights activists who strategized this in a brilliant way. they made sure it did not go to the high court before they were ready to rule in their favor. it was their movement. i got to go. >> one more thing. barack obama was on the other side of this issue seven or eight years ago.

>> and three years ago actually until a month before the last election. good to see you. >> thank you, megyn. breaking tonight big news out of baltimore where police commanders moments ago acknowledging they told officers not to engage as rioters burned and looted. what happened to the claims that they didn't do that? what this admission means for the city leaders already under fire. plus the "new york times" claimed the moral high ground when it decided not to run cartoons of the prophet mohammed. when an artist put together an offensive picture of the former pope guess how that decision went. an unbelievable story. you have to stick around for mark. trust me on this. three minutes away. when we took up the topic of donald trump's recent immigration remarks. >> undocumented immigrants

commit crimes at a lower rate than citizen population of the united states. every poll shows that. >> and i'm getting an e-mail soon asking her to debate. >> the e-mail came. now ann colter is here. geraldo is back and we are in for an unbelievable debate. don't go away. woman: it's been a journey to get where i am. and i didn't get here alone. there were people who listened along the way. people who gave me options. kept me on track. and through it all my retirement never got left behind. so today, i'm prepared for anything we may want tomorrow to be. every someday needs a plan. let's talk about your old 401(k) today.

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anger with the "new york times" after the paper that went out of the way to protect the feelings of muslims decided to run a portrait featuring the now retired benedict fashioned from 17,000 condoms. we decided not to show it. ironically the times went with the picture five months after it chose not to show the cartoon pictures of mu ss muhammed. this is what they say. they say we don't want to gratuitously offend anyone's deeply held believes. that said it is probably

impossible to avoid ever offending anyone. >> it's remarkable. this is pure and utter hypocrisy on the part of the "new york times." after the "charlie hebdo" attack when they refused to republish the cartoons which were news worthy the times executive editor was absolutely self righteous about it saying he was doing it out of deference to muslim readers saying we have a standard that is long held that there is a line between gratuitous insult and satire. under times standards we do not normally publish images of other material deliberately intended to offend. does the picture of the pope made out of condoms -- >> they deny that and say the artist and the museum say it is not intended to offend people but to raise the social question

about the fight against aids and go on to say this while some people might genuinely dislike this work there doesn't seem to be any comparable level of outrage to what we saw in the muslim community with the prophet muhammed. >> of course there is not. he is saying the catholic community needs to kill people in order to get the pope honored by not showing him covered in condoms? >> apparently if catholics don't show up with oozies then they are fair game. they are basically afraid of terrorism. they said when it came to the "charlie hebdo" cartoons those had news value. they were related to a major terrorist attack. he acknowledged they had news

value but said that is not enough to override our standards. that is a direct quote from him. >> but he was worried when he justified not running the "charlie hebdo" he said let's not forget the muslim family in brooklyn who reads us. he says i do care about that family and it is arrogant to ignore them. >> what about the catholic family in brooklyn that reads the "new york times" and are offended by the picture of the pope made out of condoms? this is not the first time they have done this. last month they republished a picture of a painting of the virgin mary covered with elephant dung surrounded by pornographic pictures. it was a controversy in 1999. thy reprinted it last month. they have done this not just to catholics and christians but to jews. they have reprinted cartoons

from iranian websites in stories about a holocaust cartoon festival so they published the cartoon. they will publish the cartoons that are bigoted but they won't publish the "charlie hebdo" pictures which had news value. >> this is what was told to the washington examiner. was it hard to deny our readers these images? absolutely but we still have standards and they involve not running offensive material. offense to whom? that's the question. >> the "new york times" has no standards. if you are a catholic or a jew you are fair game to the "new york times." >> because there is no comparable level of outrage versus what we see in the muslim community. you have to apparently start threatening people in order to get your own religious icons respected. good to see you. taking your thoughts on that on twitter. we have breaking news next from

the state department that just released 17 minutes ago, thousands of new hillary clinton e-mails. we have been pouring through them. plus police commanders in baltimore are acknowledging right before we came on the air tonight that in fact they did tell officers in baltimore not to engage as rioters burned and looted. what happened to the denials we have been hearing on that for weeks. as concerns grow about religious freedom senator ted cruz is here with his plan to fight back. ♪ how's it progressing with the prisoner? he'll tell us everything he knows very shortly, sir. as you were... where were we? 13 serving 14! service! if your boss stops by, you act like you're working. it's what you do.

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ask your doctor... if eliquis is right for you. so this beauty can be yours with a down payment and 10% financing. oh larry, lawrence. thanks to the tools and help at experian.com, i know i have a 798 fico score. [score alert text sound] [score alert text sound] oh. that's the sound of my interest rate going down. according to this score alert, my fico score just went up to 816. 816. 816! 816! 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. intriguing details on hillary clinton and what the white house knew. the clinton camp is in the middle of releasing a new batch of e-mails from then secretary of state hillary clinton expected to total some 3,000 pages according to the state department including e-mails to

and from the white house chief of staff and david axelrod. our digital politics editor is here. why are we getting these at 9:00 on a tuesday night? >> i have read them all -- no. there is a lot in here. we are just going through it now. i am more than willing to give the state department the benefit of the doubt that being a government agency they are bad at doing stuff and given sensitive nature and dumping this out probably takes time. i will give them the benefit of doubt it takes more time. there is a ton in here. we are reading about hillary clinton, benghazi. it has all of the wow words in there. we don't want to get too far ahead of ourselves. what we have seen so far, very interesting exchange very early in her tenure as secretary of state that david axelrod and

more importantly asking can i have private e-mail address so i can send her e-mail? that is like a government within a government. that is pretty astonishing. >> someday someone might submit a foya request. >> back to you for more. also developing new fallout from the supreme court decision to re-write the rules on marriage in america. they found a constitutional right to gay marriage and they upheld obamacare, as well. senator ted cruz says last week's supreme court rulings doing all of that marks one of the darkest days in our nation's history and probably calls for our nine supreme court justices to face elections every eight years. critics say if up for election they might try to serve public

opinion. joining me now ted cruz his book "a time for truth "hit stores today. let's start with the plan for the u.s. supreme court. i know you are unhappy with the decision but alexander hamilton the complete independence of the courts is essential in a limited constitution. now you want to rewrite the constitution in response to a couple of decisions you don't like? >> well megyn, it is great to be with you. thank you for having me. last week's decisions were the latest in a long line and sadly were the nadir of the supreme court. it was majority of the justices on thursday disregarding the law and forcing the failed law on millions of americans. on friday the marriage decision was utterly contrary to the constitution. they are simply making it up. as justice scalia said that

decision was an assault on our democracy, five unelected lawyers setting themselves up as the rulers of all 320 million americans. >> a decision you feel was politically motivated by the justices who are in the majority. you want to make the court more political? >> it's pure politics. the framers when they wrote the constitution believe the check on judicial overreach. they believed the check would be impeachment. here is the sad reality. within a few decades thomas jefferson said impeachment had been not even a scarecrow. the supreme court wasn't afraid of it. today we have a united states senate we can't muster 50 votes to defeat loretta lynch, an attorney general who tells us she is not going to follow the law or the constitution. there is no universe in which there are 67 votes to remove anthony kennedy from the supreme

court. >> how would analectert that twice elected barack obama create a court better than now? >> we are talking about same appointment, same senate confirmation but every eight years the people would have an up or down vote. >> what if the people bounced out and we had a president obama in the white house? >> i can tell you that 20 states have put in place judicial retention elections and people have used them sparringly. the alternative is who in their right mind would design a system where every major public policy issue of the day is decided not by the people or the constitution or elected representatives but by nine elite lawyers in washington, d.c.? all nine of them either graduated from harvard or yale. eight of the nine are from the east coast or the west coast.

i graduated from harvard, too. my dad refers to my time up there as missionary work. i think the problem was that i didn't learn what they wanted me to learn there. i was a little too thick headed to be indaukoctrinated down there. >> you worked for a justice. one of the stories i thought was so great out of your book was about justice thomas. when you clerked you are a young guy, you are clerking for the chief justice, but justice thomas agreed to see a little boy, a little african-american boy who was paying a visit to the court. tell the viewers what happened. >> well sure. my co-clerk is a professor at notre dame now. he lived the previous year in little rock arkansas and he and his wife tutored this little boy who was a seventh grader.

they decided to fly him to d.c. and asked if the justices would meet with him. two of them did. justice thomas spent two hours talking with this junior high kid. i got to tell you what particularly impressed carlos was justice thomas is a big dallas cowboys fan. he had a framed picture of himself with troy aikman. at the end of two hours justice thomas walked to his desk and he had a super bowl ticket that was signed by emmett smith. he picked it up and gave it to carlos and said i'm going to give you this but i want you to promise me you will get as in school next year. carlos with his eyes big and bright nodded and said absolutely sir, i will. justice thomas had moments like that over and over and over again. he is a man with an incredible

heart. heart for people. and in my new book "a time for truth" over and over again i tell stories about the supreme court, what is going on behind closed doors. >> great stuff including the time you watched hard core pornography with sandra day o'connor. thank you so much for being here and good luck with the book. >> thank you. let me say we are say see incredible excitement. >> on cue. >> in just a couple of months over 100,000 people have come to tedcruz.org. tonight at midnight is the end of our fundraising quarter. we are at a packed fundraiser

here in houston. i would encourage your supporters come to tedcruz.org. >> whip lash from every that happened there. we will have breaking news out of baltimore where police commanders are admitting that they told officers not to engage as rioters burned and looted. we'll take a look at what this means for city leaders who are already under fire. the professor at the university of memphis turned heads when she came out and equated whiteness with terrorism. tonight see what the school is saying about the status of the thoughtful professor.

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reporting they have admitted the officers you see being pelted with bottles were given a do not engage order during the height of the riots. this is something our own leland vitter reported and then had denied and then later pressed the mayor on this very issue and here is what happened. >> what do you have to say to the businesses who were looted because of your order to stand down. >> excuse me one minute. >> nothing to say? what about police who were injured. >> excuse me. why can't we ask questions? >> we can't ask questions. >> a public official. we can't ask questions. >> you will have an opportunity. >> you are going to answer them? you will answer our questions? >> at the press conference we will answer all the questions. >> a fox news contributor and

former l.a.p.d. homicide detective and richard fowler. thank you for being here. now this is just breaking as we go to air. so apologize while i look through my notes. looking back at the record the mayor specifically said the record will show she never ordered officers to stand down during the riots. then remember this is the same mayor who said we gave the protesters space to destroy and then denied that she had done that. now the top brass says we told them don't engage. hold the line. mark? >> stand down don't engage be targets, do nothing. it's all the same thing. stand down means you are stationary do not move. do not engage. do not engage means do not engage the rioters. let them burn loot and throw rocks and bottles at the police and other citizens.

do nothing. it's very clear that that's what was done. it took them two months to figure that out. that means for two months they have been lying to us and all the media and all the citizens to all the police officers that have come on and told the truth and they have called them liars and now this comes out. >> is it so hard for them to just have said this is exactly what we told them and why? why do we have to be mislead over and over and over? >> i don't know if it is misleading but i get where you are coming from. i think it is important we hear all sides of the story. we have to wait for the request to come out from the police department and how that was communicated to the officers. i think before we can make assessment about the situation we have to get the evidence. you have to have all the facts before you can make a determination of what really took place. >> so the may r said it is not

holding back it is responding appropriately. that is what we did. we didn't hold back. we responded appropriately. now the latest report is that the police were told to hold the line and not to engage. it's kmantsemantics. they told the cops not to do anything. >> they did that. richard is describing a process like we have to scratch our head and wonder what happened. we have police commanders telling everybody today that that's what they said. we have commissioner lying for two months and the mayor who has been lying for two months and now they said we told them to stand down. we told them not to engage. so it's really not an investigation we need. we need a new police commissioner. you need a new mayor. you need new leadership and people that are actually going to be able to lead people in

these kinds of situations instead of just worry about their own career. >> commissioner bass has repeatedly denied issuing a stand down order, repeatedly denied issuing that. in the face of his own cops coming on shows like ours saying they were told that. he basically called officers liars and now the baltimore police commanders acknowledge they ordered officers not to engage the rioters multiple times that day. what is the difference between don't engage and stand down? >> the report indicates that they asked the emto stand the line and stand down meaning don't hit a protester. they did leave space to arrest those too violent. they said hold the line and protect property. that is what police officers did. the distinction in baltimore and what happened in ferguson. in ferguson police officers used tear gas on american citizens

because they were peacefully protesting. >> and in baltimore they told them to let them burn. >> it is okay to tear gas americans, great? >> absolutely. it is. when there -- >> you heard it here first. >> they were not violent in ferguson. they were peaceful with no weapons. all they were saying was hands up don't shoot. >> i remember the fire. >> what happened when they were tear gassed? >> it was a beautiful event. >> peaceful protest. i was there. there is another fiery panel coming up after you guys. a university professor is in hot water after she equated whiteness with terrorism. we'll show you how her bosses are handling that. when we took up the topic of

donald trump and immigration remarks last night here is what happened. >> undocumented immigrants commit crimes at a lower rate than citizen population of the united states and united states is unique in this experience. >> and i predicted ann colter would be e-mailing us and she did. now geraldo is back and is here and they are here together next for a fascinate degree bait. debate. my school reunion's coming fast. could be bad. could be a blast. can't find a single thing to wear. will they be looking at my hair? won't be the same without you bro.

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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 virtually every poll. >> somewhere ann got a shiver down her spine and i'm getting an e-mail soon. >> that was geraldo last night. ann colter who happens to be the author of "adios america" doesn't agree with geraldo so she is here to respond and geraldo is back as well. ann, let me tee it up for those who have forgotten with mr. trump's remarks that started it all. >> when mexico sends its people they are not sending their best. they are not sending you. they are not sending you.

they are sending people that have lots of problems and they are bringing those problems with us. they are bringing drugs, they are bringing crime. they are rapists and some i assume are good people. >> go ahead. >> if you want me to start -- >> first all, i'm not headitating headitating -- hesitating. there is a three second delay here. i think the first most important point is these are not people who have a right to be here. i don't care if they are coming in collecting welfare, immigration is a government policy like any other and ought to be used to benefit the people already living here. that includes recent immigrants. there should not be any criminals coming in. it is bad enough having people who need government assistance

bringing in people who are felons can't we cross that off the list? secondly i asked your producer if we can run this during the program. i got here a little bit late. look at the los angeles county's most wanted list whether it is top ten or top 100, the idea that immigrants are committing crime at a lower rate than the native population is preposterous. my complaint as described in the book was that the government won't simply count and tell us. so whatever facts there are it is always people looking at ancillary facts. why doesn't the government just count? >> i think her basic premise, the title of the book is an insulting insinuation that la latinoes are going to drag down

the america we know and love. this is an insult. i won't use terms like racism because i don't believe ann is a racist. what she is is a polemicist. she had a point to make in her sharp writing has made it. when i say that immigrants commit less crime than native borne it's from surveys that i have done for two books i have written on it. hispanic is appropriate how hispanics lead america to a new era of prosperity. this is why americans fear hispanics in the u.s. >> it's like going to the library. crime is at record lows in los angeles and in new york the cities that you would assume would be the most impacted by the huge latino influx --

>> let me let ann respond to that but first i want her to define polemicist. >> that's exactly what i am. i do want to say i don't think you are a racist either geraldo. i think you are going kind of close to the edge by insisting that hispanics piggyback on to the black experience in america. the reason americans are so concerned with racism and should be concerned with racism. the reason we have civil rights laws racial set asides affirmative action is to make up for the legacy of slavery and jim crow by democrats. it is not for people who just set foot in this country yesterday to piggy back on that unique history in america. >> and as i said here it is this is not exactly a rigorous study saying there are lots of immigrants in l.a. and new york and the crime rate went down. that's because the prison

building boom. it's facts that only about a third of california prisoners are white. are you saying two thirds of them are black? california has one of the smallest black populations in the country. >> according to the congressional budget office these immigrants the undocumented immigrants contribute more in revenue to the united states pot than they take out in benefits. that's according to the congressional budget office. according to the social security administration there is $100 billion paid by undocumented immigrants into social security with fake numbers for benefits they will never retrieve. that is their gift to us. they have remade entire neighborhoods. go to washington heights. unlike ann who researched the book from her computer i have been to these neighborhoods and to the border. i have seen the immigrant

vitality. we are all immigrants here. ann's family you may go back decades but i think there immigrants on your grandfather's side? i mean we're all immigrants. each of us. the language this american heldl hole it was used against the irish and italians. >> pulisticist, in case you were wondering, here it is a strong written or spoken attack against someone else's opinions beliefs practices et cetera. she is that and she admitted it. we can end with that point of agreement in a nice debate. i have to say they were -- they were civil. >> everything geraldo said was false. >> everything ann has written is false. but i like her. >> okay. good bye. love them both. does being white make your a terrorist? we're raising the level of debate next. you will meet the college

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university of memphis professor is catching heat tonight after going on her social media account and suggesting whiteness is equated with terrorism. catherine tims is a national review reporter and a fox news contributor and joins us on the story of professor robinson. >> that wasn't all she said either. she said the ultimate expression of love for conservative whites is death and rape threats. she said that dylann roof did that because they do that. people can see her account even though it's private. she said she got a new job.

a lot of people are upset about it. >> the question is was she fired. we don't know the university is saying she's no longer employed by the university. we don't know where she was fired. where is she going, prior to this they'd been standing by her not withstanding the fact a couple of months ago she side would another professor who declared white college age males are a problem population. white students threaten us and their racism and sexism evaluations of us factor into our job security. >> every time this happens. people say this is horrible. people say free speech. that's true you do have free speech. the line is it's not just a popular opinion, a controversial opinion verses one that demonstrates you might not be able to do your job. if you're a professor your job involves being able to grade reasonably fairly make your students feel comfortable in the

classroom. i would not feel good in her classroom because if she saw me she saw the face of terrorism. >> more on her when we get it. we'll be right back. you do all this research on the perfect car. gas mileage , horse power... torque ratios. three spreadsheets later you finally bring home the one. then smash it into a tree. your insurance company's all too happy to raise your rates. maybe you should've done a little more research on them. 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. ♪ (piano music) ♪ fresher dentures, for the best first impression. love loud, live loud polident. ♪ ♪

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stirewalt is more on the hillary e-mails. >> got about a thousand to go. in round one. david axelrod clean up on aisle

5. he said he didn't know the server he e-mailed the server. >> more on that tomorrow. welcome to "hannity" we are broadcasting from new hampshire where the newest 2016 republican candidate new jersey governor chris christie finished up a town hall meeting. earlier today he announced he was running for president at his old high school in new jersey. here's how it all went down. >> only in america where someone like me could have the opportunity to seek the highest office the world has to offer. not only can all of us achieve whatever dream we