emettic when writing to the factor. please sign our petition for kate's law on billo'reilly.com. breaking tonight, democratic presidential candidate hillary clinton breaking her long silence in the first national media sit down. she takes heat on being trust worthy answers questions on her family foundation and gets dogged on the e-mail scandal that will not go away. welcome to "the kelly file" i'm megyn kelly. tonight almost 90 days after declaring her candidacy for president and after weeks of hearing critics accuse her of ducking the media hillary clinton has wrapped up her first national interview. first she was asked about the fact that nearly 6 in 10 americans say they do not believe she is honest or trust worthy and she said specifically

this has been a theme that has been used against me and my husband for many many years dismissing it as part of a constant barrage of attack largely fomented by the right which immediately drew comparisons to her response when her husband was accused of having an affair with white house intern. >> the great story here for anybody willing to find it and write about it and explain it is the vast right wing conspiracy conspiring against my husband since the day he announced for president. >> next she was asked about her use of a private e-mail account while she was secretary of state. and her decision to delete tens of thousands of her e-mails before ultimately years later returning those documents to the state department. >> let's start from the beginning. everything i did was permitted. there was no law. there was no regulation. there was nothing that did not give me the full authority to

decide how i was goegto communicate. now, i didn't have to turn over anything. i chose to turn over 55,000 pages because i wanted to go above and beyond what was expected of me. and now i think it is kind of fun. people get a real time behind the scenes look at what i was e-mailing about and what i was communicating about. >> working a fax machine. >> a secure fax machine which is harder to work than the regular. >> that's fun. she was asked about the clinton foundation and the allegations as asserted by the book "clinton cash" that she may have done favors for companies in countries while secretary of state in exchange for donations to her family charity. at this point mrs. clinton said she had no plans to say or do anything about the clinton foundation other than to say how proud she was and the work of

the foundation should continue and much more in a minute. first digital editor is here. so the e-mail scandal -- now it's just fun. it was kind of shocking to hear her come out and say -- to dismiss that as just fun and she did nothing wrong and dismiss the clinton foundation as i'm not going to talk about that other than go team and the fact about honest and trustworthy thing which is right wing conspiracy which is like six out of ten americans. are they part of it? >> they have been duped. it's not important at all that hillary clinton destroyed the documents. she said i destroyed the documents that would help me if

we found them. it's not the same as she said in the '90s when she turned out to be rather wrong about what her husband had been doing. >> not necessarily her fault. >> not necessarily her fault. it is the same as what the obama administration does now which is to say it is not valid and he has danny nunen sitting across from him saying do you want to be good or bad? do you want to be good or bad? do you want to be a bad reporter who asks about bad things or a good reporter? >> what she is saying to the cnn reporter was are you stupid? that is what she was trying to telegraph in the nicest way. nobody cares about clinton foundation and e-mails and nobody cares about the honest and trust worthy thing because the six out of ten people have been duped. >> you must choose the matrix for the obama white house and

clinton campaign you must choose and either ask questions that we have deemed to be unacceptable which will cast you as unacceptable you will not be allowed back. you will not be allowed in. you will be shunned if you bring up these things. i want to tell you, i thought of you when hillary clinton said here is how i feel about the family foundation that is swarmed with controversy and no one thinks was handled appropriately when she said that is all i'm going to say about it. the fact that her interviewer said okay moving on. if you think it's really good then i guess we will just move on and didn't say hold on i'm sure you think it's great, but i want to ask you about the russian deal and lifting the barriers to a deal for your friend in colombia. i want to ask about specific details reported. >> he hadn't saved time for the question on the end which is

which character hillary likes to see play her more on "saturday night live". i don't want to rip on journalists. when you have the first sit down you have to make it count. they made news so we will leave it at that. mrs. clinton covered a fair amount of ground but one claim being challenged involved what she said about the e-mails and insistence that no rules were broken. the former doj civil division assistant deputy general. robert zimmerman is democratic strategist. thank you for being here. so i want to play for the viewers what she said on e-mails. do we have the call for a sound byte? waiting. >> so this is being blown up with no basis in law or in fact. that's fine i get it. this could be used by the

republicans in the congress but i want people to understand what the truth is. >> and then she goes on to say that she did exactly what secretary powell did. >> let's start with where the law is and what the law required. and the law plainly required that she keep copies of records that were on her private e-mail. and as a result she was at least from regulations that were in place from 2009 she was violating those rules. and she was -- we see now that she destroyed records, that she alterred records that she provided the state department and then concealed the records from state during her entire tenure at the state department. >> what do you make of the new assertion that this was a shift

from what she saw when she spoke at the u.n. now she is out in front saying i did nothing wrong. in fact i went above and beyond what was required of me and did exactly what secretary powell did and no more. >> i don't know how she can possibly say that. in 2011 hillary clinton sent an unclassified cable to the field that said stop using private e-mails, everyone in the state department. she was doing exactly that. and she did that in 2011 because that's what her own regulations required. her own regulations said that. >> the other thing, robert is that powell did use private e-mails. she is right about that but he didn't use exclusively private e-mail. that is really what got her into trouble. a lot of politicians have a private e-mail account. it was the exclusive use of it and the failure to turn over e-mails to the state department when she left. >> when you get through the

partisan rhetoric the only thing that powell did differently is that hillary clinton turned over all of her work-related e-mails as was asked by the state department. >> i want to make sure we are talking on this point. what her critics had said is that he yes, had personal e-mail and did business on it and didn't turn it over but he did state business on -- >> he did all of his state department business on his personal e-mail and he turned over none of them. he claims he didn't have them. that's well documented. he said that on national interviews. my point is republicans are out there trying to make issues of the foundation that have been disproved by every objective analysis including "wall street journal" journal". >> they said no spoking guns. >> they said no evidence showing

favoritism. the same way the author of the book -- excuse me. >> i want to make sure we are clear. >> they said no evidence showing favoritism. and amazon had to reissue the book with major revisions to correct the inaccuracies in that book. reason you don't see either the e-mail attacks or the attacks on the foundation because hillary clinton still holds a 40% lead over democratic competitors nationwide and nationwide she is leading over the republicans -- >> she is leading bernie and the other guys whose names escape me at the moment easily. she is obviously the favorite for the democratic nomination. how will she get away with saying six out of ten voters thinking she is not honest is part of a right wing conspiracy? >> when you look objectively when anyone enters the political sphere the trustworthy issue goes down.

they do worse than before they run. the point is when you ask the question do you trust hillary clinton to fight for you and stand up for you that is when she leads all republicans or all democrats. here is the point. >> we don't trust her but we trust her to fight for us. >> look at the polling. >> let me ask you this. the other thing she did in this interview is talk about the republican field and had choice words on the subject of immigration. she condemned them for not condemning donald trump's remarks and went on to say this. >> they are all on the same general area on immigration. they don't want to provide a path to citizenship. they range across the spectrum of being either grudgingly welcome or hostile towards immigrants. >> the problem for her on that robert is jeb bush who is considered the favorite by many polls is married to a woman who is from mexico.

he has children who are half mexican. hostile towards immigrants? how is that going to fly? >> i'm glad you bring this up because these are the issues that the american people focus on and determine election results. hillary clinton put out a plan to pathway for citizenship. everyone of the republican candidates opposes a pathway to citizenship. >> a pathway to legal status. does that make him hostile towards immigrants? >> what he said today was he wants to have a conservative solution to the problem. i don't know what that means. >> he is married to a mexican immigrant. how do you say he is hostile? >> i can tell you why he is hostile maybe because he is condemning the undocumented workers here. second class citizenship as opposed to finding a way to earn citizenship. that means undocumented workers

in the military college graduates, people contributing to our society are condemned to live a second class life. >> i don't think he said everybody gets citizenship. >> he did. >> jeb bush said citizenship before legal status. and she reversed herself on this subject, as well specifically on the issue of driver's licenses. i got to go. it's over between us. always a pleasure speaking with you both. the state of new york joining others who are changing the rules when it comes to sex on campus. i don't mean sexual assault. the rules have changed with respect to sex. while activist groups in other states offer up consent contracts complete with pen, breath mints and condoms. welcome to 2015. next on how this is no joke. plus high profile democrats

joining those demanding change after an illegal immigrant murders this young woman in front of her father. wait until you see what we found when we dug into the record on sanctuary cities and who is supporting them. stay tuned for our investigation. can these six cops get a fair trial in the city of baltimore? "the kelly file" has hands on argument to move the case and kevin jackson is moments away. sometimes the present looked bright. sometimes romantic. there were tears in my eyes. and tears in my eyes. and so many little things that we learned were really the biggest things. through it all, we saved and had a retirement plan. and someone who listened and helped us along the way. because we always knew that someday the future would be the present. every someday needs a plan. talk with us about your retirement today.

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a big story developing as new york joins a growing list of states passing tough new rules when it comes to sex on campus. today new york's governor cuomo signed a law each party must consent knowingly and voluntarily. he is telling you how it is going to go. the cause is good. it is part of an effort to stop sexual assault. and this movement has reached a point, however, where some groups are offering and feel it is necessary to have written consent contracts that you are supposed to sign before you engage in the act where you write down yes, we agree to have sex. applause in the studio.

coming with the contract there is a condom a pen and there is a breath mint and they recommend now that you take a photo of you and your lover with the contract signed before you engage in the act. our fox news senior political analyst and it has come to this because -- as i say the cause is good. everybody wants to diminish sexual assault on college campuses. it has gotten to the point of ridiculousness where they want verbal consent every step of the way. you start the kissing and it progresses and there is a yes and a yes and a yes. >> translator: it >> it suggests people drawing up plans have never had sex because you kind of don't want to stop each stage along the way to give each other bulletins about the level of your consent. we are seeing nothing short of the reregulation of sex. when i was in college a half a

century ago there were no co-ed dorms. there were very strict rules about when you could be around girls on the campuses where you could take them what hours they could stay out. >> that's a video of your college years. >> i hope you don't. >> that was a recognition of the fact that as you might have put it back then boys will be boys and guys are pretty lusty and you needed to be careful when you got them around young women particularly if there are parties and alcohol. the sexual revolution did away with that and led in to the hookup culture that we have seen in recent years. the culmination of the deregulation of sex. now what we are seeing people don't particularly like some of the results of that and they are trying to re-regulate it and that's where we are. >> here is the reason it is so concerning. it is important to improve the

rights of women who are victims of sexual assault on college campuses. we are going in a direction and we have been covering this repeatedly on "the kelly file" where we almost entirely eliminate the rights of men. there is a presumption on these campuses thanks to the obama administration of guilt. if you are a young man who gets accused it is your burden to prove consent and we are get toog the point where you have to have a contract. if you don't you are going to be presumed a rapist. >> and not just a contract but some kind of two person selfie with the two of you holding up the consent form. >> which your parents tell us we shouldn't be doing. >> incriminating evidence i suppose in one sense. >> and the presumption comes from this place that the obama administration has imposed which is sexual assault victims need more protection than the

defendants. here are the instructions handed down by the administration. public and state supported schools must provide due process to the alleged perpetrators but it's not too much due process. schools must ensure steps taken do not restrict or unnecessarily delay the protections for the complainant complainant. it's all about the complainant but there are other rights. the question about whether the university should be engaged in the basis of adjudicating at all has serious questions attached to them. >> absolutely. and it has been so serious, in fact that a group of harvard law professors wrote a letter expressing their joint alarm at the erosion of due process rights for the accused in these cases and some of the systems put in place on these campuses where they have their own system for adjudicating matters are so

one sided as to be constitutionally suspect and obviously unjust and that columbia university case where you had the woman running around despite the fact that he had been judged not guilty and she was a hero for that. that wasn't so much a fault of the university but it was a problem. this is what we have seen. >> she was taken to the state of the union. >> exactly right. >> great to see you. >> thank you. >> talk about things i thought i would never be discussing. big news out of baltimore where the defense wants this case moved arguing it cannot find an unbiassed jury in the city of baltimore. kevin jackson is here next. new fallout from the viral video showing a college football player punching a woman in the face. see why some folks want the woman to face charges. today we learn bill cosby

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new developments in the case against those six baltimore police officers accused of causing the death of freddie gray. tomorrow the baltimore police will launch an independent review of their handling of the april riots. this comes as "the kelly file" obtains a new defense motion asking for a change of venue in the case arguing these police officers cannot find an unbiassed jury in baltimore. kevin jackson is the executive director a conservative radio host and author of the book "race pimping." do you believe it is true? do you believe baltimore which is a minority/majority city cannot be unbiassed in assessing

the fate of the cops? >> baltimore wants to finish the series at home. the only thing missing is they haven't named the hanging judge just yet. there is no way they can be unbiassed in baltimore. absolutely no way. one thing that they got the people against them but it's a whole other thing when you have the people who are supposed to be defending the police officers who have done the type of things that the prosecutor has done and the mayor has done. they absolutely cannot get a fair case there. >> we saw in ferguson a reluctance for some to speak out publically. behind closed doors they did. they told the doj that man did charge officer wilson. i saw it. these were african-american witnesses testifying against the african-american decedent michael brown in that case. do you think there is a similar

concern that jurors won't feel comfortable finding in favor of the officers lest there be a back lash from the community? >> absolutely. with the grand jury it was behind closed doors so we don't know who those people were in ferguson and hopefully never will because i think they did the right thing. when you have a public trial like this and a lynch mob mentality, sort of a frontier justice and politicians who want to make a name for themselves they see this as a way to the next step in their careers. if i were one of the jurors i wouldn't want to be involved with this and come back with a not guilty verdict. there were so many other inconsistencies. i think if you were a cop standing around looking you got charged with man slaughter. >> the defense in its motion alleges that baltimore citizens and activists have come out and

encouraged citizens to register to vote in order to help convict the officers in the case. they cite the fact that some specifically said the only way we get a conviction is by being represented on juries so there are young people out there right now planning to run massive voter registration campaigns to get that conviction to get what they consider to be just frs freddie gray. >> and that's increddule s. you are talking about a city run by black people. the majority of the people are black. everybody in the food chain of this whole issue is black. so what are you doing? if you are trying to stack the deck it is already stacked. i go back to the anticop sentiment that has been brewing across the nation. there is no way these cops will get a fair shake and the defense is good to move. it's a shocking thing is that baltimore is fighting it. you would think that they would have already exonerated a few of the people because all six of

these people certainly aren't guilty. i have seen some of the forensics and it looks like they may not get the conviction depending upon what happened. you would think in the spirit of fairness let's allow the case to be moved but they are not doing it. >> they think they like their chances in baltimore. >> good to see you. high profile democrats are joining those demanding change after an illegal immigrant with a long record allegedly murdered a young woman in front of her father for no reason at all. our investigation into sanctuary cities. wait until you see what we found, the reversal by the obama administration in a day. is it right that the subway restaurant chain has suspended its relationship with jared from subway though he hasn't been charged with a crime. former cable news anchor says the second amendment saved her life from a would-be robber.

we'll speak live with the woman who featured this on top of her wedding cake.

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in total savings on tools to manage your business. from the world's headquarters of fox news it's "the kelly file" with megyn kelly. growing outrage tonight over the death of a young woman in california at the hands of a man who had been deported from the united states five separate times. francisco lopez-sanchez had seven felonies before being arraigned on murder charges and was supposed to be deported last march but because san francisco is a self-proclaimed sanctuary city authorities decided to let him back on to the streets. fast forward to last wednesday when katie steinle was fatally

shot by sanchez who confessed while walking along san francisco pier with her dad. her heart stopped beating as she pleaded with her father to save her life. there are questions about the sanctuary that prevented the man from being deported as he was supposed to be. >> because there is no legal definition of a sanctuary city what it means varies from place to place. immigration and customs says there are states cities and local jurisdictions with policies that help shelter illegal immigrants from being deported. on this map red indicates states that have one or more sanctuary city and while most have decided not to cooperate with federal agents there is confusion on how the feds plan to deal with them. for example, back on march 19 the new director went before

congress and begged for help. listen to her. >> last calendar year state and local jurisdictions rejected more than 12,000 detainer requests convicted criminals. >> would it help you if we clarified the law to make it clear? >> thank you. amen yes. >> amen. but after getting pressure from the aclu one day later made an abrupt about face saying any effort at federal legislation now to mandate state and local law enforcement compliance with detainers will in our view be a highly counter productive step and lead to more resistance and less cooperation in efforts to promote public safety and when the detainer was ignored and released suspected killer francisco sanchez ice said all

we are asking is that they notify when a serious foreign national criminal offender is being released to the streets so we can arrange to take custody. it is unclear if that statement was given an amen. while the san francisco sheriffs stand by the city's sanctuary policy the police union has come out and condemned it. >> turning now with reaction a fox news contributor and former chief presidential speech writer to president george w. bush. let's go through that again. so the head of ice, listen to what she was asked and what she said in march. >> last calendar year state and local jurisdictions rejected more than 12,000 detainer requests. >> would it help you if we clo clarify the law. >> to make it clear the

cooperation of those cities thank you, amen yes. and then the next day she comes out and says any effort at federal legislation to mandate local compliance with ice detainers will be highly counter productive. obviously someone got to her. >> absolutely. what happened is she was called in the carpet because immigration groups and aclu went ballistic and she was forced to recant her statement. this is a problem we have right now is that we have a total collapse of the system that is supposed to protect us from criminal illegal aliens being released at the federal and state level. president obama you will recall he said we will focus on felons not families and criminals not children. what they are doing is two things. the obama administration is releasing every year tens of thousands of criminal aliens

into our community and at the same time they are protecting the now 200 plus cities across the country. that's it because the fault is clearly with san francisco for having the policy in the first place and allowing this guy back out when there was an ice detainer on him which they did not honor. their response is ice knows we don't honor those. that doesn't excuse you for not doing it. the question is what has the obama administration done to hold these sanctuary cities accountable? >> absolutely nothing. the director of ice asked congress to help her. she came to them and pleaded saying the lack of cooperation is increasing. the problem is getting worse. and said amen when they said would you like some authority to crack down on these folks. >> thank you, yes! >> amen. >> and she is sent to the wood shed. we have seen it happen before. we have seen it happen with

dempsey and hagual. this is clear as day and it is on a very controversial issue. this is the woman in charge of ice begging for help and none is provided and she was forced to reverse her position on it. >> it's not just the local community's fault. the federal government is at fault. they are releasing these people and there is a "boston globe" investigation that found they have released hundreds of sexual predators who are criminal aliens so the problem is both at the federal and local level and it's getting worse. >> thank you. >> thanks megyn. a guy, jared from the subway commercials had his house raided by the feds and tonight lost his gig as a spokesman for the restaurant chain. our legal team is next on what is really happening there. and then a big-time college quarterback is caught on camera

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we are talking about a car. i knew something was wrong when we went down there and the man saw that she brought her father. so i don't think i can find the keys for the car. i don't think i can find the money. >> at one time they called him america's tv dad. now a prosecutor is saying bill cosby could face serious sexual assault charges. in a new revelation out today cosby admitted in 2005 that he obtained sedative drugs with the intention of giving them to women he meant -- i guess we

say -- to seduce. the women would say to rape. you say this is no surprise but many people despite the fact that we are in the 40s, over 40 women accused him, have been dismissed as they are out to make a buck accusing him of raping them. you say you are not surprised because you believed them all along? >> i wasn't there so i can't say with certainty that he is guilty but when the number of victims approaches the number of bagels i order at a family brunch you have to start thinking of something. >> how big could it be? the evidence comes out because the judge said i'm going to unseal the documents in this case. here is why. here is the second full screen.

not this one, the second one. this is what the judge says. cosby mounted preverbial soap box to volunteer child rearing education and crime and said he did it so many times he is revealing and let's put up the second full screen that this testimony among others. when you got the qua luds was it in your mind to use them on young women you wanted to have sex with? yes. >> a couple of things going on here. the lawyers for mr. cosby did not have a strong reason why this shouldn't be disclosed. their argument was it is going to be embarrassing to our client and that was the judge's answer to that. putting on my hat as criminal defense attorney or someone defending mr. cosby here my understanding from portions of the transcript is that he was asked did you give it to this person who this lawsuit was about and he said yes and she

took it and we took it together. >> and then asked about others and the lawyer didn't let him answer that question. the lawyer was like real damage is being done here. here we are today. >> that is what a lawyer is supposed to be doing. >> i'm blaming the lawyer for not objecting earlier although i'm glad we know what appears to be the truth about bill cosby. this college quarterback is caught punching a woman in the face. his lawyer goes on the today show and says she hit him first. he claimed she kneed him in the groin and she punched him first. family members of the quarterback are asking that she be charged. >> did he need to strike back when you watch this video tape? that's not the answer. the answer is for him to get the help that he needs to continue

saying what he did was completely wrong, it was criminal no legal justification for it. >> let me ask you this. in the cases where we see women strike men, should assault charges follow? when the woman doesn't hurt the man? >> at least substantial pain so you just hit someone and don't hurt them that's the law. substantial pain. redness, substantial pain. >> let me move on because something bad is happening with jared from subway. >> listen. we don't know. we know that law enforcement is at his house. we know that they are seizing his electronics. i have never met a law enforcement officer who gets promoted based on how many people they let go. my suggestion is that law enforcement believes --

>> somebody in his foundation on being charged with child pornography but not jared. >> i'm not saying he did anything wrong. however, i believe he didn't consent to them going in and taking the things. they got a warrant based on probable cause that in the aft they're alleging his e-mail received certain images that they believe are child pornography. >> that's not what his lawyers are saying. his lawyers are saying he's cooperating fully. they're under a tremendous amount of scrutiny regarding the finances. the person who is running the foundation is pornography -- it's due diligence. >> they're clearing him, arthur? >> who knew jared from subway would be controversial. i got to go. it's over between us. >> okay. >> up next this story went everywhere. after former cable news anchor

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a long time cable news anchor on the other side of the story tonight. lynn russell said she is alive today because the second amendment saved her life and her husband's during a robbery attempt last week in new hampshire. she -- new mexico. you stop at a hotel. a man approached you as you go out to your car, what happens next? >> well my hands were occupied because i was holding something in both hands. i had my hotel door open. he pushed the door open showed me the gun.

tossed me inside slammed the door. and my special forces husband comes out of the bathroom soaking wet and stark naked and said what's going on. he put himself in front of our guns that -- two legal guns we were carrying them legal on the bedside table. we tried to keep him busy and offered him this and that. finally i was able to slip one of the guns in my purse and hand it to him and said do you see anything here we with give the man, he said yes i do. he put his hand on the gun and one thing led to another. he headed to the door turned around and opened fire on my husband. he returned fire. and special forces he returned fire. and in my mind it's absolutely no doubt we are alive today and we just had our first anniversary on the fourth of july because of the second amendment because of my husband, his focus, and his dedication.

>> we're showing you the top of your wedding cake. you've both been in law enforcement you in addition to your time as a cnn anchor. you'll you're sorry the man is dead. >> because i'd like to kill him again. i lie awake and fantasizing about all the ways i could do this. we were on the way to california because my husband invented something important. yes. >> he served in the green berets thanks for being here. we'll be right back. rear end event. the model year end sales event. it's year end! it's a rear end event. year end, rear end check it out. talk about turbocharging my engine. gorgeous. what kind of car do you like? new, or many miles on it? get a $1000 volkswagen reward card on select 2015 passat models or lease a 2015 passat limited edition for $209 a month after $1000 volkswagen bonus. when you travel, we help you make all kinds of connections. connections you almost miss.

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by the way lynn says her husband is doing much better for those of you asking. we're glad to hear that. tomorrow dana purena and mark fuhrman. see you tomorrow. tonight, an illegal immigrant charged with murder in the killing of a woman in san francisco. governor rick perry is here tonight with reaction. >> they're bringing drugs, they're bringing crime. they're rapists. >> governor perry will respond to donald trump's comments about illegal immigrants. the hannity team has been to the border countless times. we'll show you video of what happens there. a shocking video of a collapse football player punching a woman at a bar. his lawyer says he was provoked. he'll be here tonight with reaction. the christian bakers who were fined for refusing to bake a cake for a same sex wedding. >> i apologized to her and said