a great word. thanks for watching us. please remember the spin stops here. we're looking out for you. sign up at the petition at bill o'reilly doc. breaking only the, silence. another day at the white house again denies the kelly file request to address the death of a young woman gunned down by an illegal immigrant. welcome to the kelly file. kaipt steinle was shot and killed while out walking police say this man pulled the trigger. an illegal immigrant who was removed five times. he was on the streets thanks to the sanctuary city policy which the obama administration has allowed to stand despite many opportunities to challenge it. today the kelly file asked to

speak. this despite that president obama has personally addressed the deaths of trayvon martin in florida, michael brown in ferguson missouri and freddie gray in maryland. the white house sending three officials to both the brown and gray funerals not to mention sending in the fbi and the doj to investigate. for kate steinle, not a single obama official attended her funeral and not one has contacted her family. at 6:24 p.m. on the day she was shot she single her brother brad this that i can interest by text message. it shows kate on the pier with her father and family friend. her brother responded, beautiful picture. before she could write back kate was murdered. joining me now in a kelly file exclusive. thank you for being here.

>> i know you have a very close family. that's what is on your mind tonight. >> yeah. >> our family has been four of us until i recently married the love of my life. before that it was just the four of us. and we leaned on each other. and loved each other as much as possible. that day it was just a normal day. my dad went out to visit my sister and take her to lunch. and enjoy the sights and sounds of san francisco. the plan was, they are going to come back and come back to pleasanton. my sister was going to spend the night and the following day, we were planning on having a party for our baby girl. but unfortunately, my sister was

never able to find out the gender of our baby. and it is just it is unthinkable what happened that day. but we find solace in the fact kate was doing what she loved and she was with the man she loved most my dad. >> how did you final out what happened? >> that day, i got off work. a regular day. went home and i got a call from my dad. just screaming in the phone. that kate is shot kate has been shot come to san francisco. so i got in my car and picked up my mom and got to san francisco as quick as possible. and waited in the hospital. with all the positive thoughts.

we possibly could have had. we thought, you know i thought that i would be able to sit next to kate and hole her hand while she recovered from some type of surgery. but the most devastating outcome came to fruition. and now we're living a different life without kate. >> how did you come to find out that it was an illegal immigrant who had been deported five times who took her life? >> the following days i was contacted by the police department. they said they had arrested a person of interest and just watching the news and found out that he was a seven-time convicted felon that had been deported five times. and essentially it sound as if

he had been in jail. a federal prison for, since i believe 2009. and he was transferred to san francisco for a past drug charge. he was released to san francisco for a drug charge. and essentially, was the luckiest criminal that there has been. i mean he was taken to san francisco. not charged. and released to walk the streets of san francisco. and do the unthinkable. i'm not really too politically savvy. but there's nobody that could look me in the eye and tell me that man had any right to be

walking free in the city of san francisco with the ability to shoot and murder my sister kate. >> i know you're not a political man. you don't come from a political family. you were not giving thought to sanctuary cities and so on prior to this event. what is your position on san francisco's sanctuary city policy now? >> well i'm a firm believer in the american dream. and i believe that people that come here and striving to make a better life for. they and provide a better life for their families i think that's a great thing. the fact that san francisco has this overreaching policy that essentially rolled out the red carpet for a convicted felon, a dangerous person and said come into my city.

we'll extend our arms and come stay here. this is a place where you can do no wrong. what the sheriff has said regarding the fact that they've done nothing wrong. i would like him to look me in the eye and tell me that there is no blame to be put on this policy. it is ridiculous. >> do you feel that the system failed her? >> the system failed my sister in so many ways. kate was the most amazing, beautiful person inside and out. she was loving. she looked at the world through the eyes of child. and she had all of the possibilities and dreams that any young woman her age could have.

and she was realizing that dream. and unfortunately, because of the lack of structure and just the lack of people taking a stand for what's right and getting things right, i think the system has failed my sister miserably. >> what do you make of this sheriff? even in the wake of her murder is standing by this policy. >> i think i speak for a lot of people. like we said before my views and my family were right in the middle. there is no person who could tell me that that individual deserved to be walking around san francisco with the ability to obtain a gun and shoot and

murder the most beautiful person he could find walking around that day. i truly believe, it is evil and he looked for the happiest person. my sister walking with my dad, with a smile on her face. and i think that was the motive. to bring sadness and take away the best person he could see. so i'm upset. and the sheriff's stance on this policy it is ridiculous. a lot of finger pointing. i think people need to come together. like-minded people. people in the middle and push for change. because no father should hold their daughter while they take their last breath. and no brother should feel like i feel the loss of their sister and their best friend. no mother should bury their child. >> we talked about the department of justice, the fbi

going into these other cities in the wake of other deaths. has anybody from the administration contacted you? >> no. nobody from the white house has contacted us. >> not the president or the vice president. >> we have not heard a word. >> how about the mayor or the sheriff? have they reached out to you or your family? >> my did a did speak with the mayor. he offered his condolences. i've not heard a word from the sheriff. all i saw was his interview which i found to be you know it is insulting. to take no blame and the position that he's in. a lot of this lies on his shoulders. >> do you feel like kate's murder is being ignored at some

level by federal officials? >> i wish somebody would reach out to us. there are a lot of talks about kate's law. there is no doubt that something needs to be done to prevent this from happening ever again. and i know my family and i would like to be a part of the verbiage and the content in this law. we don't want something that reaches too far. far left or far right. we want something that will keep people safe and keep murderers off the streets. so nothing like this will ever happen again. >> as you mentioned, you and your wife are expecting your first baby. and you told me before that you and she went out in public the other day. that your wife felt scared. explain that.

>> it's just when you go out, you spend a nice day in san francisco. or you go out to dinner or you go on a walk. i used to feel safe myself wife used to feel safe. i think a lot of americans feel it is a pretty safe country. you can go out and have a good time and not worry about being shot. we went out for lunch and we sat there and we were out in public for the first time. and my wife just sat there and broke down and cried at the lunch table. and i just don't understand how, i'm going to bring a life into this world in five months. and how am i going to explain to her that for no reason at all, somebody walk up to my sister and shot her in the back and killed her.

i just i can't -- how does a young person comprehend? how does a young person feel safe when something like that can happen? and the powers that be have policies that allow that. >> kate was not able to be at the gender revealing ceremony you held to learn she is having a baby niece. and i know that tore you up. but your family has been so beautiful in remembering her already. i would like to close by asking you what you will remember most about your sister kate. >> well any of the people that ever met kate knew she had the most infectious laugh. most beautiful smile. when you look into her eyes you feel like you can see right into her soul. she was so deep.

she was just the most amazing person. i'm going to miss her being an aunt. i'm going to miss her being a best friend. i'll miss her spirit and her laughter and the way she was just because she had a good soul and a good heart. i'll just miss all of her. >> the way you talk about her, you bring her to us and you do her memory a great service. brad, thank you. thank you so much. >> joining me now with more dana perino. good to see you. it's the fault of the illegal immigrant who did it but others had a hand in this woman's death. and they need to speak to it and they won't. >> watching his interview makes

me realize, if the white house, even if they were to call tomorrow. this is a family that does not seek revenge. they deserve to know at least somebody is thinking about them on the federal level. i am actually quite shocked that no one in the federal government has reached out. they have made choices before and prioritized their political decision making to reach out on other murders that have happened that did not involve a federal policy even. this does involve a federal policy that resulted in the breakdown between the federal and the local government that is running roughshod on the immigration standpoint. the least the white house could do was to answer your questions. but the right thing to do would be for them to place one phone call to this family. just one. >> how could they not? as somebody who worked in the white house. it is not like this case has not been national news. that has to be a conscious decision does it not? >> either a willful disregard for it or it is a decision based

on something that i am troubled by. that because fox news has been willing to cover the story and because you and others on the network have been pushing it and pointing out the hypocrisy of speaking about one crime and not another. for some reason they believe because they hate fox news so much that it is okay for them to ignore this story because that's just right wing crazy people. look at him. that is somebody that is an american man who is about to start a family. and his life is changed irrevokebly. >> not a political man in any way. >> i believe if they had called somebody. you asked if the vice president had called as well. that is something joe biden who going through a lot of grief himself. maybe he was not in a position to do it. i think it would have been the easiest thing to do. pick up the phone. they have hearts still at the white house. what they don't have is a handle on this federal breakdown of law between the federal government and the local government.

>> he told me a story of a after last week. those who remembered her took all the flowers and brought they will to a convalescent center to help those who were hurting. they didn't riot. they didn't protest in the street. they didn't burn anything. that in other cases has gotten the white house's attention. and it is as if if you take a civilized route, if you take the respectful quiet, sad but objectioning route. you get ignored. there are people in this country who are angry enough to riot to burn something, to protest. but they're not doing that. the message is white house seem to be sending is therefore, you will be ignored. >> they have learned how to be ignored. even of the families we've heard about. and michelle malgkin has done so much reporting.

about those who lost their lives at the hands of illegal. it would take courage to deal with the sanctuary cities. >> is it too hard? is it too hard on the white house to say they need to speak to every big national case involving controversy death or murder? >> i agree with that. when the white house first started, and president obama made a couple of comments about individual isolated cases, hit nothing to do with federal government involvement. and he commented. if you do that you open yourself up to the inevitable comments. there is a federal connection. there is a federal policy being ignored on their watch. and i think the easiest thing would be a phone call. they've got a big problem. i would turn to attorney general loretta lynch. a new attorney general who has a lot of capacity to do more. i would like at these sanctuary cities and see what the law does to compel compliance.

>> for all the talk about kate's accused killer there is been little focus on what happened on that pier. how could this have happened? trace gallagher is live in san francisco with what will become the criminal case against that man. plus jose antonio vargas himself an illegal immigrant is here live to talk about his life in that at a us as well as the kate steinle murder and the controversy surrounding his new mtv show called quote white people. then is new york city going down the tubes again. what about the skyrocketing crime rates across the country? david clark is here live on a prediction now coming true.

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tonight, powerful reaction from katesteinle's brother. as we learn more about kate from her family, there are still questions about what exactly happened on that pier in san francisco. and details of what will become the criminal case against the accused.

trace gallagher live tonight to walk us through the events. >> reporter: you know it was exactly this time 12 days ago that kate steinle was shot and killed on pier 14 behind me. and there are so many details we do not know. as the days go by we are learning a lot more information about what happened in the moments prior to the shooting and in the moments after. watch. kathryn, her father and a family flenld just finished having dinner. they decided to go for a walk on pier 14. francisco said he took sleeping pills and wantedered out. under a bench he said he found a handgun wrapped in a t-shirt. that handgun four days earlier had been stolen from the car of the bureau of land managele agent. now he changed his story. first he said he came out to shoot sea lions with the gun. then he said the gun went off accidentally. that he fired three shots. boom boom boom. other witnesses only heard a

single gunshot. kathryn was walking side by side with her dad and a friend. they were at a point where you can see the world famous ferry building and the bay bridge behind them. when they heard the pop, she told her father she didn't feel well. she quickly fell to the ground and realized he had been shot. francisco sanchez said he kicked the gun into the water and lit a cigarette and walked away. when police arrived, there were descriptions of the suspect as well as video of him. police picked him up one mile away on pier 40. the bottom line here francisco sanchez should not have been on that pier at all. he should have been in jail or out of the country. so we went back out today to try to find more information about san francisco's sanctuary city policies. we went to the sheriff's office. he was in but he would not talk to us. the mayor was supposed to hold a ribbon cutting ceremony today. but he didn't show up. apparently he called in sick. so we went to every single city

councilmember's office to try to find out more. them were in their offices. they would not respond to us. there is another city council meeting tomorrow at 2:00 p.m. the agenda does not have anything about sanctuary city policies. but it will when we get there. >> we'll see you tomorrow night. thank you. >> our next guest says the sanctuary city debate is a good example of media ignorance. he himself is an undocumented immigrant who was deteenage last july at a texas airport. then released by border agents with a notice to appear in court. we should mention this is the host of the show "white people." thank you for being here. >> thank you for having me. >> i realize, there is a distance between the illegal immigration issue as a whole and the sanctuary city policy. as it relates to the later, do you agree this case is a prime

example of why that policy those cities need to go? >> well i think what we're showing here right? here's one fact that i think to understand. sanchez could have this could have been prevented if i.c.e. the immigration custom and enforcement had issued a warrant for his arrest. they never issued a warrant. >> they should have done that but they didn't have to. >> actually they had to do that will. >> no, they do not. i refer you, upon a determination by homeland security to issue a detainer local police shall maintain custody of the alien. a fact reiterated by the department of homeland security and i.c.e. today. >> i refer you to the associated chiefs of police who support the sanctuary city policy. here's what's really important. sanctuary cities exist so that immigrant who's live in cities can report to police.

that's the sheriff. >> i understand. i understand that's their justification. but the law is the law. and fidelity to the law is what binds us together as a country and failure to do so has real consequences. like kate steinle and her family just learned. >> well again, we are talking about possibly the most rogue agency in government. i.c.e. and you've already high lied this. the failure of communication between federal agencies and local agencies. what should have happened? mind you, we should talk about this. if someone, for example, i've been in this country sense i was 12. if i leave this country and try to come back to this country that i grew up in. there would be a lifetime bar for me. i couldn't be able to come back. >> i get it. >> in and out, in and out. >> and i should underscore he said he wants case law. he is not signing on to anybody's version of case law.

he is not signing on to five-year mandatory immigrants. >> i have to say -- >> i get. that i'm saying it seems like this is one area we should be able to agree on. we the country. we kchbl this kind of policy. affecting peel in this way. and something needs to be done. >> yes. hey. you're talking to an undocumented immigrant and this country is waiting for this country to do something. something has to be done. the dangerous thing is that this man does not represent all 11 12 million undocumented immigrants. >> i understand. >> thank you for saying that. >> that is conceded. however, it is also problem at toik ignore this and not use it as an opportunity to reexamine a lawless policy. before you go. why are we talking about white people? on mtv? we had some fun at your expense last week because of the woman saying this is what it is like to be white. you get this feeling that things belong to you.

i don't know who she is. who is this woman speaking for all white people? >> i have to tell you, there is a reason we did this film. we did this film by the wargs it is an series. it is one tv special. whenever we talk about race in this country, we are walking on so much political correctness that young white people don't know what to say. nearly four out of five young white people say they're uncomfortable talking about race. >> why is that? >> because people call them racist if they say anything remotely close to controversial. grs it was important to make this film where people can air out how they feel without feeling judged. have you had a chance to see it? >> no. i only saw the preview. >> i highly recommend that you actually watch it before you pass judgment. >> okay. i only passed judgment on that one lady. i reserve judgment on the rest of the it. thank you for being here. >> thank you for having me. >> senator ted cruz calling out "the new york times" and how. claiming the payment is blocking

good news about his book and is politically motivated. now the tims is firing back. plus some stunning new numbers on skyrocketing crime rates across this country. milwaukee county sheriff david clark is here live on his prediction that's now coming true. ♪ have you ever thought, "i could never do that"? have you ever thought... you just didn't have anything left in the tank? well - you do. because the courage is already inside. ♪ your body was made for better things than the pain, stiffness and joint damage of moderate to severe rheumatoid arthritis. before you and your rheumatologist decide on a biologic ask if xeljanz

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black people will be the losers in all of this as violent crime rates skyrocket over time. this mean more black victims. >> that was milwaukee county sheriff david clarke testifying before congress two months ago about the rise in missouri after the death of michael brown. he claim that law enforcement would pull back from the areas in which they're needed most. now in places like the big apple, we're seeing pictures like this from the new york post. a homeless man urinating in the middle of a popular residential street in broad daylight. as new yorkers say low level crimes are on the rise. and nationally homicide rates are spiking. and how. in big cities. joining me now, sheriff david clarke. good to see you. it is unbelievable. i will speak to this as a new yorker. you can, you don't need a study. you don't even need that picture on the front of the new york post. you see the litter everywhere. you see homeless people in front

of restaurants and stores and begging and interfering and stopping children. stabbings, kidnappings, on the cover of the newspaper every other day in residential areas. and we have a mayor who says i'm doing a great job. you see it in several cities across this country right now. >> well first of all, mayor de blasio with all due respect thinks he is doing a great job, he's delusional. i know what makes a city work in terms of public safety. i've been doing had 37 years. you have to have threaten things. strong and formal social controls. adherence to the social contract. and that social contract is that set of unwritten rules that we have with human inaction. the third thing you have to have is a strong police presence. right now not only in new york city not only in baltimore, we saw 30th. you look at the crime rates in

chicago. the same thing is going on in my home town of milwaukee wisconsin. a strong police presence right now the police have their hands tied. they don't have the backing of the political community. they have gone through six, seven, eight months of constant bashing. they're not not to enforce quality of life. that's what you need in a city like new york. any time you have a densely pop layered area, the cops are told right now to stand down and not enforce those quality of life violations. that's going to lead to more crime and disorder. >> and the council speaker, come out. melissa mark she wants to decriminalize public you're notation public consumption of alcohol, failure to obey park signs. she said it doesn't matter.

the police commissioner who worked with giuliani 20 years ago said hey, would you get a brain? that stuff is it is the gateway to other crime and it is not just new york. the new york murder race hats increased by 20%. baltimore, chicago, new orleans, 39 houston, 53 and milwaukee, murder rate up 92% in just a year. >> commissioner bratton, a friend of mine. he knows how to get this done as well. his hands are being tied. towed fight to get more law enforcement officers. public safety budgets across america for the last ten years have been cut, cut, cut. now we're feeling the pinch. so if they want to save the city, and i'll tell you. the thing that bothers me the most. you can't turn these on and off like a switch. once they lose control of these cities it is very hard to get them back. the people making these foolish decisions, they were not around

in the 70s and 80s when new york was unlivable until finally they decided to clean it up. one this thing goes the way it's going. when i made that come in february there was no starting revelation on my part. but it was based on my 37 years of serving my community in public safety. >> sheriff, thank you, sir. >> very welcome. >> senator ted cruz is going at it hard with the new york time accusing the paper of black listing his book for political reasons. howie howie howie kurz is next.

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>> that was wisconsin governor scott walker earlier today. officially throwing his hat into the race for the white house. highlighting portraying himself as aica. it brings the ever expanding field of republican nominees to 15 and counting. and speaking of gop contenders tonight senator ted cruz is accusing the new york time of lying about his book and engaging in a partisan cover-up. and he is getting some powerful support. last week the paper omitted cruz' new book a time for truth, from its best seller list claiming sales of the book were fueled by bulk purchases. not individual purchases. today the massive online reterrell amazon said it has no evidence of bulk purchases and harper collins, the publisher is pushing back on that claim as did senator cruz who is demanding an apology from the paper.

so this is turning into a bit of a dust up and i am amazed to see the "times" commenting in this much detail on why they kept his book off the list. they usually say it's off. pound sand. they seem to be pushing back on him. >> things the best thing that could have happened to ted cruz. he is getting so much more attention from the main stream media and it is helping him already to sell more books. >> maybe he'll make it on the list this time. he's said they're not bulk viewers. purchasers may know famous people rich people, if they want their book to be a best seller they'll have somebody buy 5,000 copies and give them out and boom it becomes a national best seller. that's what they're saying he's due. it is not like they're known for

constantly picking times. they're saying the "times" is wrong. >> the new york time version is that the charges are ludicrous. bill rolle and coulter, glenn beck have made the list. it is amazon weighing in. cruz' book being number 4 on the "wall street journal" list. number 7 on the barnes and noble list. both of which exclude these lists and i see the "times" saying well, we can't really tell you our secret sauce. we have to guard that. and the whole thing is shrouded in mystery. which book stores and what's the formula. and therefore the opposite of transparency so cruz rightly says where is your evidence of the so called bulk purchases and the "times" isn't saying. >> it is clear there is a subjective element as to who will make the list. we heard this from other conservative authors. we heard it from david limbaugh brother of rush limbaugh.

ted cruz is not the first conservative to complain that he's been pushed off the list. i would argue in the case of bill o'reilly there is no denying that man. he is the number one author in the country. you can't like some things will be a little too obvious. >> right. i think the "times" is in an untenable position. while i think doubling down, usually publishers and authors don't want to take on "the new york times" because it is so powerful with that book section. here is a guy selling a lot of books and he can't get on the list. the back drop with the a.p. shooting itself in the foot. with that photo of a ted cruz second amendment event with all the guns pointed at his head. it does reinforce the notion that main stream media, not looking to give the texas center much of a break. >> great to see you. >>. the effort to rewrite parts of our history has reached a point where some cities are not only removing monuments to the

civil war. one town now wants to dig up the grave of a confederate general and his wife and give their bodies the heave-ho. that's right after this break.

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in the weeks since a young

white man murders nine publack people in a church we have seen a campaign to wipe away any tribute to the confederacy. generals and so on and today we heard memphis is planning to exhume the body of confederate general nathan bed ford forrest and his wife and send them someplace else. tonight we are joined by carly fiorina former hewlett packard ceo and republican candidate for president. is this just ridiculous? the bodies are coming out of the graivs graves now? >> it's ridiculous. it's sad. it's sad when people say we have to change history. we're not a perfect nation. we have worked hard to become as lincoln said a more perfect union. to wipe all the history away makes us a weaker nation not stronger one.

>> if we'll dig up the bodies of bad people we're going to be digging for a long time. >> that's correct. >> you had thoughts on hillary clinton. you know she's running for president as i mentioned. news broke about the state department has not turned over two benghazi related e-mails to congress. >> let's go through this. hillary clinton says in a press conference recently oh, i'm eager to turn over all the e-mails that the american people can see. now we know the state department hasn't turned over all the e-mails. we also know those e-mails link hillary clinton and the state department for the first time to the susan rice talking points. this was all a video and a demonstration. do you remember we now know on the night of september 11th the state department and the white house knew. this was a preplanned terrorist attack. two days later, hillary clinton stands over the bodies of the fallen and talks about a video. susan rice goes on television and says it's a video, it's a demonstration. hillary clinton later denies

that she had anything to do with those talking points. false. she never revealed a private server in her basement until it was discovered. when it was discovered, she wipes it clean. nearly two years after she leaves the department of state. i think we now have enough information to understand that hillary clinton as secretary of state has engaged in gross dereliction of duty. she has engaged in a cover up and she has blood on her hands. >> blood on her hands? is that too strong? they point to a fact a house report exonerated her and they don't believe there's a smoking gun. >> listen to the litany i went through. i turned over the e-mails? no i didn't. i had nothing to do with the talking points? yes, you did. it was a video and demonstration? it turns out it was a preplanned terrorist attack. i didn't tell anyone i had a private server and e-mail account. when you found it out, i wiped it clean.

55,000 e-mails we will never know about. >> the campaign will blame anyone who brings it up will paint it as a conspiracy theory. >> we need a nominee who will bring it up over and over and over. she is engaging in a cover up. it's really clear now. by the way, last week she said she hadn't been subpoena odn this. trey gowdy came out and said she was subpoenaed. >> always interesting getting your perspective. wrab, don't go away. have you ever thought... you just didn't have anything left in the tank? well - you do. because the courage is already inside.

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our interview with kathryn steinle's brother is on our web page. they have a gofundme account

with their expenses and support the cases kate loved. you can see it right there. that is in her memory. tune in tomorrow night we have a bring line up. thanks for watching. i'm megyn kelly. welcome to "hannity." tonight we're broadcasting where this crowd would like to call scott walkersure wisconsin. he will be our guest tonight. but first here's how it went down tonight. >> america's is a cando kind of country. we have a government in washington that can't seem to get the job done. it's not too late. we can turn things around. to do that we need new, fresh leadership.