week on "the factor." thanks for watching us. remember, the spin stops right here. we are definitely looking out for you. breaking tonight, tough new questions for democrats from a big city mayor all the way to the president of the united states. after an illegal immigrant with a criminal history and five separate deportations finds his way to the sanctuary city of san francisco where he is now accused of murdering a young woman in cold blood. good evening. welcome to the kelly file. i'm in for megyn kelly. francisco had seven felonies on his record and had been deported multiple time before he shot a woman on a san francisco pier last wednesday. she was walking with her father when she was murdered in what was initially described as a random attack.

in which sanchez later called an accident. while sanchez is not floonlt in english, did he acknowledge that the sanctuary city policy meant he stood much less risk of being deported. when the san francisco mayor and the white house were both asked today about whether lax immigration policy contributed to this murder neither the city nor the president acknowledged any responsibility. standing by janice and the chair of the powerful house judiciary committee. first we go to trace gallagher live in our west coast newsroom with how this all began. trace? >> for now the suspected killer is the only one taking blame. he speaks broken english and it is unclear if he fully understands the questions. francisco sanchez admitted that he shot and kill 32-year-old katherine saying he feels sorry for the family and now wants.

he said he came to san francisco to work in restaurants or construction but he went on to indicate that he knew san francisco would shield him from being turned over for deportation. listen to him. >> san francisco is a sanctuary city. did you keep coming back to san francisco because you knew they wouldn't actively look for to you deport you? >> yeah. >> white house press secretary josh earnest was asked about him falling through the cracks. >> i can't talk about the details of the specifying case. i would refer to you dhs for how our efforts to focus on felons is implemented. >> yet the feds point the finger at the san francisco sheriff's department. immigrations and customs

enforcement or ice said they wanted him released. saying we're not asking local law enforcement to do our job. all we're asking is that they notify us when a serious foreign national criminal offender is being released to the street so we can arrange to take custody. the sheriff's department says it is just following policy and is not allowed to play ball with immigration agents. but the sfranl mayor disputes that saying, the sheriff has the power to make a case by case determination writing our sanctuary policy should not create a safe harbor for convicted heltons. i'm concerned about the circumstances that led to the release of mr. sanchez. there seem to be plenty of concern about how he got out and why a 32-year-old woman had to pay with her life. sanchez is now charged with murder and will be arraigned tomorrow. >> this thank you very much for getting us up to date. joining us for reaction, bob is chairman of the house judiciary

committee. chairman, thank you for joining us tonight. >> good to be with you, and your viewers. >> let me ask you. who do you think is responsible? san francisco? the feds or as the white house suggested, and the san francisco mayor, house gop lawmaker who refused to go i know what their version of immigration reform? >> well it absolutely is the responsibility of the parties that are responsible for enforcing our current law. that includes the bureau of prisons which we learned today. they turned himt over to san francisco instead of to i.c.e. they are not consistently enforcing our policy and releasing thousands on to our streets and certainly san francisco should back away from this sanctuary city policy that leads to tragedies like this. and my heart goes out to kate

steinle's family. we have passed legislation that would address this very problem of sanctuary city by imposing sanctions on cities who refuse to cooperate with federal law enforcement. but at the heart of all of this is the issue of whether or not this administration is consistently enforcing our immigration laws. they are not. if they would start by enforcing the laws already on the books, we could certainly move ahead with additional reforms. we've already passed four bills out of our committee. so the issue here is enforcing the law. it is a law already on the books had been enforced by this administration and by san francisco, this tragedy and many others, by the way, that occur every day when thousands of criminal aliens each year are released back to our streets. >> if he said we have a loophole here. san francisco, we know back in 2014, the sheriff's department said these detention orders that the feds give them.

when this guy gets out of jail we need to know so he can come get them. they don't legally recognize him. they say they're no good. when they took a look there were no active arrest warrants so they let him go. they don't recognize the feds' authority here. i.c. eshs said we told them, when he gets out, we'll get him. you have to let us know. but there wasn't an active arrest warrant out for him. so is this a loophole? there are 200 sanctuary cities who have such policies and won't cooperate with the feds. >> it is a loophole but it is created by the city of san francisco and these other cities around the world. around the country. why would you release someone with seven felony convictions, why would you release them back to your own streets without contacting the feds? certainly the feds could have done more than they did. but san francisco also could

have contacted them. and you have to factor into this new issue where i.c.e. had notified the bure over prisons where he was incarcerated to turn him over to i.c.e. and instead they turned him over to san francisco. everybody messed up and the bottom line is you have to respect the rule of law. and cities should not try to write their own immigration laws that are contrary to federal law. they should cooperate with federal law enforcement and not engage in the praf selectively saying, we may cooperate, we may not cooperate. the law is the law and they should cooperate. >> and here that cost a young woman her life, devastating a family. thank you very much. this topic isn't going to go away. >> thank you. here to debate, the former chief of staff to luis gutierrez and a syndicated columnist with the writer's

group. i'll start with you. should cities say we're a sanctuary city. we won't recognize the rule of law. we'll make our own rules. is that okay? >> of course that's not okay. i think the point that you both made i would agree. there is no perfect system and there are loopholes. and i think what we have right now is no system. i think what we need is more order and more law. in our immigration system we don't benefit when people are not in the system and the books. i need to know who is living next to me. i need to know as an immigrant. i'm not but if i were i would need the immigrants to feel safe calling the police. if i see that guy holding a gun in the park that i can go to a policeman and say, listen. my name is such and such. this man is acting suspicious. that's the system that we donal have in this country.

we may have systems friendlier than others but we have not been able to pass immigration reform. >> we keep hearing, talking about passing more laws in congress. we have an immigration system that a lot of people say isn't being enforced. how can we know who is here? >> right. a lot of the people who say that are republicans. they say the laws aren't being enforced. the congressman said he's just mistaken. in this case the obama administration has supported 200 middle people. they fortified the mexican border. obama signed the enforcement bill in 2010. the allotment, the department holeland security is an additional $20 billion of the overall $60 million.

i'm not sure what else they can do if this is about throwing dollars at the border. they throw plenty of dollars at the bored he. where the administration messed up he heard it in the preceding comment. the idea that the republicans are to blame. if they had passed immigration reform, this might not have happened. they're not paying attention. if there's one obstacle it is the obama administration that broke its promise to make this a priority that poises the well that uses a politician. it is clear the obama administration has not been a friend to the immigration reform movement and it is really disingenuous for the white house or anybody else to try to spin this. look in the mirror. >> and we know the president is taking heat from the left and the right on immigration. and he has been pressed by many to go ahead. they were supposed to use

aggression. we're going to get tons of discretion for immigration officials to let them know. we're elg them. they have to let people know. this guy had been deport five times before. why would the officials blame congress for not getting anything done. >> he may have been a little tardy on anything that. we have a republican congress that could not participates. we have a senate that had a bill passed supported by republicans and it was not brought out through the house of representatives. so i think there's blame to go to both sides. this is not obama's problem alone. a republican controlled congress was not able to pass legislation to help immigrants and help our system. >> we have to leave it there but a reminder, the.

thank you both very much. >> thank you. the murder of nine people in charleston in a church has filled the headlines for weeks. why is there such little attention on the daily murder and mayhem in the president's home town of chicago? plus, developments in the rape allegations of bill cosby. a admission. and a boy tries to defend justice thomas in the same-sex ruling. now that child and his family are being targeted with death threats. you won't believe this story. >> i don't want to be politically correct. i don't care about being politically correct. president obama, you don't love america. t my business with passion. but i keep it growing 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.

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the confederate flag is one step closer to being moved from the comment. a final vote will be held tomorrow to remove the flag from the war memorial where it has flown for decades. the effort to remove it began after the june 17th massacre at a black charleston church. the murders of nine people in

that charleston church led to weeks of debate over the confederate flag and claim of institutionalized racism in america. there is a steady rising death toll getting much less attention. over the fourth of july weekend, the ongoing violence in the city of chicago claimed another ten lives. including amare brown who was playing with kids when he was shot. he was watching the fireworks near his father's home. joining me to talk about these two important stories. >> good to be here. >> i'll start with you. i think everyone agrees it is important that we've been having this conversation about what the flag means. i grew up in the south. it is about heritage. it doesn't mean racism or slavery. for others it is that immediate visceral reaction. we've been having that conversation. >> and i think it is a very good

thing that south carolina took down the flag. it is heritage for some people but that flag unambiguously stands for a confederacy whose sole reason to exist was the inls constitution of slavery. the flag went back up in south carolina in 1961 as a form of resistance to the civil rights movement. i think it is time that this has happened. it is good especially on the republican side there is an honest conversation about race. i think that needs to be happening on the democratic side as well. >> listen we've got tragedies all around our cities in even the president's home town. there are people asking questions about why he is not more proactively involved. he is right. it is time for the flag to come down. some sort of official recognition. particularly on state grounds. if you take all the flags down, what changes?

we're taking the flag down. it saved the lives of the nine people in church or what about it as you pointed out? we've heard this whole thing about black lives matter. it appears to be which black lives matter? only the ones you can politically exploit? are those the ones that matter? we've not heard any kind of opposition or any kind of protest or certainly, the usual activists have not showed up in chicago to say that those black lives mattered. so it was a little bit of a deconstruction going on in material of what kinds of things get the attention of activists and peel like al sharpton and even the attention the presidents tends to get. >> it may have been last fall when kids were going back to school. there was an effort in chicago where they had people lining the sidewalks so children could walk to school and not get shot to death on the way.

it sounds like a crisis situation in chicago. even the police superintendent said this has to stop. it is out of control. >> there is a ground up movement in the black community to protest exactly this kind of black on black violence. the real problem is that it is not having the right echo at in government and among the, what now goes by the name of the civil rights community. everyone knows the name michael brown who was the thug from ferguson. but people will immediately forget or very soon forget the name of amare brown, 7-year-old getting shot. the conversation needs to start with how do we flip that priority? so it is the boys like amare brown who are getting the lion's share of our political media attention. and i think we would argue, we want all of their lives to be protected and to have a chance

and for things to be fair and lawful. that's the most important thing here. enforcing that. what came up was going down this trail of we need tougher gun laws. and chicago has the toughest gun laws in the country. >> yeah. it is almost impossible. unless you're a criminal. that's the problem. criminals can always get their hands on guns. it is the peel who need to defend themselves in their homes that are having a tough time getting weapons. i'm not supporting a mass rush for citizens in chicago to buy guns. the point is that we have to look at the dysfunction taking place in communities like chicago, ferguson particularly in chicago. the father of this young man, amare brown who lost his life is a thug. in fact he is a member of a street gang. not even cooperating with the police here. so what is the dysfunction that allows an adult to have their child shot down and say the

comes can't say anything. i'm out. you know what the cycle is. he takes retribution on the streets and it keeps unfolding. >> the superintendent there saying if that man had been in jail where he should have been he's been arrested multiple time, different allegations against him. if he had been in jail his son would probably still be alive. lots to work on there in chicago. thank you both. breaking developments in the rape allegations against bill cosby as a shocking admission from the comedian himself now comes to light. plus, new fallout from a clinton campaign that has some political observers suggesting the relationship between the democratic front runner and the media that is supposed to cover her has at best become absurd. and news just into the kelly file about that 12-year-old boy who tried to defend justice

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>> i don't care about being politically correct at this point. president obama, you don't love america. >> that is c.j. pearson, he made headlines back in february with a viral video that questioned president obama's love of the united states. now the georgia boy is pressing charges after receiving death threats for one of his latest messages. this time the issue is on the supreme court ruling on same-sex marriage. he was talking about how george takei went after the justice. >> he accused him. i am sick and tired of the left calling us racists, calling us bigots, but yet, when they say, it is a-okay. >> that set off one twitter use

here single a series of threatening tweets to the 12-year-old including this one. i pray your fam is next to be killed. she has since apologized but the damage was already done. the pearsons are filing charges. how did we get here? this is a 12-year-old. and he says i'm not worried about being politically correct. this grown woman posting statements that you know most people would feel are pretty threatening. >> and she did apologize. she also complained on her twitter saying the conservative society is terrorizing me. you just verbally abused a 12-year-old boy. he called her stupid or something like that. she on the other hand threatened to want his entire family dead. said he was praying for his family to be killed. that's a lot further. i don't know who is terrorizing who but it is so generally accepted that bullying on

twitter is a conservative thing. i guess she thought people would take her side. it is a pathetic thing. >> these are attributed to her twitter account. we wish we could switch trayvon's life for yours. she said that the gop had to formally deannounce the 12-year-old kid or otherwise we go for the lawsuit. >> what does that even mean? >> i'm not sure what kind of charges she would be filing against gop for c.j. pearson making his own comments. >> right. any 12-year-old who has an opinion. the gop needs to take action and denounce all the 12-year-olds. she's a crazy person. a lot of people act like it is a conservative thing. i certainly get it from people who say they're feminists or tolerant. you're blank, blank, stupid stuff i can't say on tv. you're a conservative woman call yaufl feminist. the feminist thing would be to

respect my point of view. >> you mentioned her apology. she said i'm actually deeply ashame of the horrible statements i made. and he said he appreciates her policy and as a christian he wishes her the best. you know the right wing will not stop attacking me but please know, i never threatened him or his family. we read what is attributed to her. she said now my life and my family's life is being threatened. >> you just said you wanted this kid's whole family dead. how dare you complain about that. did she not think people would know that? she said she didn't have any imintentions. i would hate to see when she does have ill intentions. i think praying for someone's family's death is ill will. >> this is out there forever. you can delete tweets but it is out there forever. people will see someone going after a 12-year-old. he has some pretty tough language himself but apparently he will press charges.

>> you're allowed to call people stupid. you're not allowed to threaten people's family's lives. next terror charges for the man accused of gunning down a new jersey teen out of revenge. a former federal prosecutor is here with what the d.o.j. is doing in the case and what it is not doing. plus, what nascar officials are doing after that horrific crash. check it out. ♪ we all feel the calling to build something great. ♪

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new details on terror charges for a man accused of gunning down a new jersey teen last year. live in our west coast newsroom. >> this is the first new jersey

murder case where the defendant was charged with terrorism under state law. in june of last year ali mohammed brown is accused of shooting brendan multiple time while he was stopped at a traffic light in west orange new jersey. he had just finished his freshman year at the university of richman. brown who is a devout muslim said he killed him as retribution for u.s. military action in the middle east reportedly saying he was motivated by a bloody crusade to punish the u.s. government. saying the men were quote, just kills because they were adults and were not accompanied by women, children or the elderly. despite those statements and the fact the murders were unprovoked and extremely violent, the feds chose tonight prosecute brown in federal court. in 2005 he was convicted of bank fraud and single to prison. the filibuster believed he was writing phony checks to funnel

money to terror organizations in africa. despite that one of his co-defendants in that went to smal to fight for al shabab he was unable to prove the connections. two other men were also charged in the murder but those charges have been dismissed. brown is facing life in prison. >> all right. thank you very much. joining me now, the form he federal attorney jay christian adams who is the author of injustice. exposing the racial injustice. let's start off with this case. this is a guy who paeshlly after the fact when he was talking to law enforcement says yeah i killed four people purportedly. and i did it because the u.s. has been killing people in the middle east. he is reportedly a devout muslim and said this is revenge. why has it taken so long to get these terrorism charges. the feds are pursuing terror charges at this point.

no intention, it doesn't look like they're going to. >> americans expect that their government will protect them. they expect to be treated equally. and when ali mohammed brown said he killed someone because he is a strict muslim the federal government should be doing something. this sounds like a federal government thfl sounds like the federal government should have brought domestic terrorism charges. he decided to kill somebody because he's an american. it is up to the american government to defend american principles and bring domestic terror charges. >> why have they not? new jersey had to do it for the first time ever. what would it take at this point for the feds? what more could you need for a prima facie case at this point? at least to get started on charges. >> what you need is an administration that doesn't find this narrative uncomfortable. look at the narrative. here is a man who said, he

killed for islam. he randomly attacked an american sitting at a traffic light and gunned him down. this is not something eric holder or the president wants americans to be thinking about. this is more political justice. if you're the wrong victim class, then you don't get protection. you don't have the president and the attorney general flying to the scene of the crime like they have in other places. you know, shannon, the rock band, the smitherines gave this more attention than the united states justice department when they played a benefit for this victim. the smitherines are doing a better job of defending america from lone wolf islamic terror than this justice department does. >> it is interesting. in new jersey of course this individual will not face the death penalty has been outlawed in new jersey. federal charges can change that. as we saw with the boston bombing trial and ultimate conviction. we'll keep an eye on this.

"the kelly file" has done it for a long time so thank you with it tonight. good to see you. >> thank you. new fallout from a clinton campaign event this weekend that has some political observers suggesting the relationship between democratic front runner and the media that is supposed to be covering her has at best become absurd. howie howie howie kurz just ahead on that. president obama met with top military and national security leaders and reminded people what he doesn't think force is the answer. all about ideology. next. why there has been a huge disconnect. >> ideologies are not defeated with guns. they're defeated by better ideas. 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.

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political observers suggesting the relationship between democratic front runner and the media that is supposed to be covering her has become at best absurd. reporters trying cover team clinton found themselves literally corralled by a moving roam line during a parade in new hampshire. the clinton campaigned defended the move saying it was a way to accommodate the press. joining me now, the hosted media buzz and chris, good to see you both gentlemen. >> good evening. >> howdy. it was like lasso, head them out. >> rawhide. yeah. it was like that. maybe a little 50 shades of gray comes to new hampshire. the press, i've always said and howie may agree or disagree. he's definitely seen these elements. there is something masochistic

about this relationship. they beat him around they treat them terribly they abuse them and for some reason they keep coming back for more. they never say, you know what? we're not going in your corral. we're not going in the pen. we're going to cover you in a fairly dainty fashion. in this case you see they're abused and they come back and say bad optics. thosement onics weren't good. they should have used better judgment here. they used good judgment. the judgment they used was they could treat the press corps covering hillary clinton like they are cattle out there on the street and get away with it. they would deep candidate where they want her. back ground photo ops and the press not causing trouble. >> we do know there were some people who were following her with signs. they were yelling about benghazi. there were some people. anybody running for president will get heckled. it happens to everybody. now we're hearing that she's

actually, her people are saying we have done what we think is best. the one-on-one retail politics. now she's ready to start talking more to the national media and she will do a great job. >> we broke that story online. and they confirmed that she will start doing national tv interviews this week. it comes just in time. when you look at these pictures i guess it was a rope a dope strategy. that would make us the dope. these are the most embarrassing political images. it sevls as a metaphor for campaigns that is trying to lasso reporters. if this had been some other campaign, it would have been a blip. because there is this metaphor alert this very difficult at arm's length relationship between hillary and the press corps relationship that follows her every move.

>> you know some people are criticizing it saying, there is a twitter picture of her at a staffer's wedding. i say in washington it is a small tounl. a lot of us do know each other. is it fair to say that she is not going to do a good job because she was at a wedding of somebody connected to the clinton campaign? >> were you invited? you weren't invited. >> it comes in the mail. >> i don't think howie got invited. >> until hillary clinton does an interview with somebody that we know is going to throw hard balls that we know, she hasn't passed the test until she does megyn kelly. she could sit down with you or bret baer. there are a number of people from this network from whom she would get fair questions. other organizations that she could sit down with and do a real interview that would put to rest these questions. that's not how she chose to

open. that's not to say that cnn won't do a fine job with this interview. this doesn't sound like somebody who is coming out strong box. >> all right. your take on this upcoming interview? >> well i won't prejudge the interview. i'm sure cnn will do a good job. more importantly, i've been saying for months that keeping reporters at arm's length has hurt hillary's campaign. particularly on the trust question. she is not seen as engaging and taking the questions that any presidential candidate would take. now we have hillary's communications chief, jennifer telling me on the record that we're sacrificing the coverage. we're paying the price. they recognize that this has hurt them. it is one of the reasons for this mid court correction. bernie is making news, trump is news, the stories about hillary is the speaking fees ask the e-mails. she hasn't made much news because she's not. >> giving better views.

>> okay. we have rope a dope. bye. see you in d.c. this week after admitting there is no real strategy to defeating the terror group, president obama met today and reminded people why he doesn't think force is the right answer in all cases. next, why he says there's been a huge disconnect. plus, a special moment you might have missed last night's women's soccer world cup victory. there's nothing more romantic than a spontaneous moment. so why pause to take a pill? and why stop what you're doing to find a bathroom? with cialis for daily use, you don't have to plan around either. it's the only daily tablet approved to treat erectile dysfunction so you can be ready anytime the moment is right. plus cialis treats the frustrating urinary symptoms of bph, like needing to go frequently, day or night.

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game over. the u.s. wins. the 2015 women's world cup.

>> team usa's win over japan. moments ago the golden girls landed at lax with the trophy in hand. carly lloyd making the roudsnds today. >> when i abbey came on i knew this was her last world cup game. i said take the arm band. she said no. i said look take the arm band. i took it off my arm, put it on her arm. and i wanted her to have it. she's a legend. >> wambach has played for the u.s. women's team since 2001. and has scored more points in soccer history. weeks after admitting there is no real strategy to defeat the islamic terror group.

president obama met with leaders to get an update with the fight. he went to the cameras and argued that we're winning and went on to remind people that he doesn't think military force is the answer. >> i know our military leaders agree, the broader challenge of countering violent extremism is not an effort. ideologies is defeated by better ideas. >> pete hegseth is a combat war veteran and a fox news contributor. good to see you. what did you make of the president's remarks today? >> it's fundamentally absurd. ideologies are not defeated by guns. tell that to the nazis, to the cold war -- the ussr. tell that to saddam hussein. america has better ideas. but they don't carry the day. ultimately big guns and

courageous people who carry them are the ones who carry the day. right now it's not think tanks, it's not development, it's not political and economic progress. it's jobs that isis is looking for. isis is seeking to expand its caliphate caliphate. unless we fight and kill and defeat them they're not going kbarchlt anywhere. this is about dominance and only overwhelming force will carry the day. >> he said america is leading the way to defeat isis. he said it's going to take time. but we are the leaders in this fight. >> he said they're the leader of a 60 nation coalition which is just america and a few others. they're loorkking for allies on the ground because they believe political and economic progress will come before military progress. milt progress creates the seeds. if you want allies on the ground you better be commit today the fight in a direct way. right now through our lily pad

approach and softer approaches we have taken, we're naught sending signals we're in it to with it. whether it's the iraqis or kurds they're doing the best they can. they're not delivering the decisive blow we need to turn the entire narrative over. we have ra he says defeat and degrade it's containing and waning for 2017 and handing this situation to the next guy. >> thank you. for your service. and for being with us tonight, sir. >> thank you. we'll be right back. fox news and facebook are teaming up to bring you the first republican debate of the 2016 presidential campaign. >> live from cleveland august 6th. and we want to know what is your won question for the candidates? >> do they want to repeal obamacare. >> with what would they do to

grow jobs? >> what would you do about immigration? >> want your question to be asked submit it in the comments below or upload a photo or video by clicking the link in this post. thank you and we'll see you in cleveland august 6th. you know, just because your bladder is changing, it doesn't mean that you have to. with tena, let yourself go. be the one with the crazy laugh.

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have a great night. this is the kelly file. tonight. >> boom boom. three times. >> an illegal immigrant whose been deported five times admits to killing a woman in san francisco. ann coulter is here with reaction. >> he's going to have to defend those remarkers i never will. >> republican presidential candidates respond to donald trump's comments about mexican immigrants. chuck chicago is rocked by a wave of gun violence during the fourth of july weekend. and hillary clinton ropes off reporters, "hannity" start right here, right now. welcome to "hannity." an illegal immigrant that should