bernie sanders and a number of others. it's going to be an interesting program tomorrow night. i am bill o'reilly. please remember the spin stops here because we are definitely looking out for you. breaking tonight new fallout from what the president calls an historic agreement on iranian nukes and a deal that would live in infamy. it is july 14 2015 a date on which there is a clear shift in the global balance of power. what we don't know yet is whether it is a move towards peace or mid east nuclear arms race. today more than 25 years after iran obtained the secrets to building a nuclear weapon the u.s. partners and iran reached what president obama celebrated as a deal to limit iran's nuclear program which he says

will make america and the world more safe. >> because america negotiated from a position of strength and principle we have stopped the spread of nuclear weapons in this region. this deal offers an opportunity to move in a new direction. >> in iran they are celebrating, as well. rejoicing in the coming end to sanctions that had badly compromised the iranian economy. remember this is the same iran that a few days ago was vowing death to israel and chanting death to america. listen. less than a thousand miles away a very different reaction. prime minister benjamin netanyahu calling this a historic mistake that gives iran access to a sure path to the bomb. >> by not dismantling iran's nuclear program in a decade this deal will get unreformed

unrepented and far richer terrorist regime the capacity to produce many nuclear bombs, in fact an entire nuclear arsenal with the means to deliver it. what a stunning historic mistake. >> a member of mr. netanyahu's cabinet was less delicate saying today a terrorist nuclear superpower is born and it will go down as one of the darkest days in world history. here is how the deal breaks down and why the critics are upset. the key part of the agreement cuts nuclear fuel supply line by limiting access to new flies and slowing the process. it creates a system of verification and inspections and keeps limitations in place. iran gets nearly a month notice before those inspections happen and only if the overseeing nations agree that inspections are warranted.

iran gets its economy back. the money spigot is back on. iran also gets something the chairman of the joint chiefs said should never happen under any circumstances, a ban that is now in place on its access to arms and ballistic missiles will be lifted in five to eight years if not sooner. when the deal runs out in less than a decade iran may still get the bomb. tonight we have the israeli ambassador to the united states as well as former chief speech writer for president george w. bush but begin. >> iran's nuclear program is hindered and delayed for a period of time. the problem is after that period of time the program is basically permitted. it is i think inevitable that iran becomes a nuclear power

which is something the negotiations were designed to avoid happening. as your summation of what is going on here mentioned, the verification process to see that iran is living up to the deal is complex and somewhat unwieldy affair involving having the committee of nations determine whether the requested access to a certain site in iran is necessary and could take up to 24 days for that to be vindicated and that would provide potential time for iran to do away with anything. the argument is made that is not enough time and we are going to be hearing that playing out. there it is. it was always said by the administration that these sanctions which iran has been desperate to get lifted would snap back into place were there violations. it turns out that was not quite the way it would work either. the snapback process is one in

which the same committee of nations with iran on it would have to agree and go along with all of that. of course, everyone knows once the sanctions regime is lifted it is exceedingly difficult to get it reimposed. key members of the committee are european countries which are dying to resume trade with iran and restrained by the fact that international committee imposed sanctions regime leaving united states in the position where it could impose sanctions and would only be american sanctions. those are a couple of the things that have set off the alarm bells that you have been talking about coming from israel and many quarters within the united states as well. >> the president came out today and spoke to some of the issues and said consider what happens in a world without this deal. he basically said the world was tired of these sanctions and there is support for that notion that our european partners were going to bail and others were

going to bail and loosen the noose around iran anyway so tightening the sanctions was not an option. their response is therefore it is better to have some deal that slows down the program for a decade than to pretend we were going to get greater sanctions and crack down on iran when the reality is we were losing our partners in the effort. >> that is probably the best argument that can be made for this agreement, that sanctions regimes were slipping and we didn't have good options here. some of the same people by the way, that are making that argument on behalf of the obama administration disputed that argument when it was made by the bush administration as to one of the reasons we had to go after saddam hussein. he was supposedly hemmed in by sanctions and that regime was beginning to slip which is one of the reasons that the box that he was supposedly in the fear

was that it wouldn't hold him much longer. that aside, that is probably the best argument that can be made. one of the forms you will hear it is either this deal or something like it or war. and some pessimist and critics of the deal think it is so. john bolten thinks it is the only option now is to strike iran and israel will have to do it. there is some support for that argument. nevertheless remember this. you may recall the administration insisting that we didn't want to bring up the subject, for example, of the americans held captive in iran because we are trying to stick to the nuclear piece of this. it turns out in this deal that the ban on conventional arms sales to iran is lifted as well. that is the opposite of nuclear conventional. how did that get in there at the last minute? it suggests the administration was so eager to make a deal that it let iran throw that

concession request in at the last minute and got it. >> thank you. as brit mentioned the hardest part of selling a deal with iran is that it involves iran a country that supplied weapons to groups like hezbollah and hamas and is directly or indirectly responsible for killing or injuries hundreds or thousands of u.s. soldiers. it was made clear a week ago that in no scenario should we lift our weapons ban on this country. >> under no circumstances should we relieve pressure on iran relative to ballistic missile capabilities and arms trafficking. >> that is what we just did. fox news contributor and former chief speech writer. that is what we did. they put it in at the last minute and after saying we have to stick to nuclear. we love for you to lift the arms embargo and we did it even

though that is martin dempsey saying that is a red line. >> it is amazing. does barack obama ever listen to his military advisers about anything? the nuclear side of the deal is bad enough. just a week ago both his chairman of the joint chiefs of staff and his secretary of defense warned under no circumstances should we lift arms embargo and he ignored their advice and did it. it is not just them. general lloyd austin commander said four months ago in addition to nuclear program iran has largest ballistic missile arsenal in the middle east. a year of our missile defense agency said iran can develop and test icbm capable of reaching the united states by 2015. they have a one year break out for ballistic missile to reach us. not only are we paving the way for a nuclear bomb but for the missiles to deliver it. >> what is this about? many people said this is about

barack obama wanting a legacy issue. >> it is very much about him wanting a legacy issue. his insistence on a legacy is interfering with our national security. he wanted a legacy of pulling troops out of iraq. commanders told him don't do it and now he wanted a legacy of a nuclear deal and now our military commanders told him don't lift sanctions on ballistic missiles and weapons. he is doing it anyway. >> iran gets $100 billion and access to arms and ballistic missiles within the next five to eight years that our chairman of the joint chief said under no circumstances. we lifted sanctions on sketchy individuals although the administration says not to worry. >> according to the iranian side they put this out. the sanctions are lifted on the terror master mind of iran.

this man is responsible for the death of more americans than any living terrorist. he is responsible personally responsible for one third of the u.s. casualties because he created and funded the shi'a militias and gave them that killed hundreds of american troops and we are lifting sanctions on him? he has nothing to do with the nuclear program. he is under sanctions for terrorism. why are we lifting sanctions on the terrorist? >> they are claiming one pot of the money lifting not terrorism sanctions but other sanctions. thank you. president obama himself called the israeli leader today to discuss this deal with mr. netanyahu and the israeli ambassador is here next on their reaction to it. plus breaking news tonight, believe it or not on the little sisters of the poor. remember this group and the high stakes lawsuit between these nuns and the obama

administration? it is not good news for the sisters or those to whom they minister. the prosecutors in the freddie gray case face new charges of unethical conduct and misleading a judge. they could be in serious trouble tonight. plus -- sanctuary cities. >> there is nobody that could look me in the eye and tell me that 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. >> after kate steinle's brother questioned policies congress took it to the administration today. wait until you see what happened. >> it may have been a sanctuary for that defendant but was not a sanctuary for a young woman walking with her father.

when you're not confident your company's

data is secure the possibility of a breach can quickly become the only thing you think about. that's where at&t can help. at at&t we monitor our network traffic so we can see things others can't. mitigating risks across your business. leaving you free to focus on what matters most.

back now to breaking news. it is hard to imagine a bigger divide than space today between democrats in washington and leaders in israel. in tel aviv they see this as a historic mistake. president obama and his party

see a victory. >> this deal demonstrates that american diplomacy can bring about real and meaningful change change that makes our country and the world safer and more secure. >> the arms embargo continues for five years. the missile continues for eight years and we are -- we had three of the countries of the seven negotiating who wanted no embargo at all. we actually won a victory. >> this is an important step in putting the lid on iran's nuclear program. >> i applaud the president and secretary kerry for their efforts in a very crazy and dangerous world to create an agreement with iran which prevents iran from acquiring a nuclear weapon. >> joining me now ambassador ron dermer israeli ambassador to the united states. they echo what the president said which was we give up nothing by testing whether this

problem could be solved peacefully. >> i think you have given up everything. yesterday iran had an illegal nuclear program and was facing a head wind of sanctions. this deal gives them a legal nuclear program and gives them a tail wind of sanctions relief that they will use to continue their march of conquest and terrorism throughout the middle east. and during this deal iran will be able to continue to do research and development on advanced centrifuges and develop intercontinental ballistic missiles. israel is on the same continent of iran. after these ten years are up these constraints which are only temporary iran will be given basically a path to a nuclear weapon. all of our neighbors know that. that is why israel and the arabs see eye to eye on this. >> the response is there were no constraints prior to this.

>> there was a huge sanctions regime against them. it wasn't falling apart. if the administration want it to fall apart it would fall apart. the administration was against a lot of sanctions to begin with. they tried to prevent from passing sanctions a few years ago. the sanctions regime was working. it had worked only for 18 months. you haven't had sanctions on iran for a decade. for 18 months iran was desperate to come to the negotiating table. and instead of dismantling their nuclear program when they dismantle the program. you are dismandling the regime and leaving the program in tact. >> here is what they point to. they point to britain's ambassador to the united states who say sanctions reached the high water mark and you will probably see more erosion if the nuclear talks fail and if

diplomacy fails the regime might unravel and historic trading partners will not economically injure themselves indefinitely that partners were losing their back bone. >> just as a factual matter the sanctions regime was built for two reasons. it was a credible military threat. as long as europe and russia and china saw credible military threat they were more concerned about military confrontation with iran than nuclear armed iran. that is the truth. the second reason is that you have a unilateral arrow in your quiver to enforce multi lateral sanctions. america is over 50% capital flows in global finance. iran accounts for one half of a percent. which german bank will do business with iran rather than the united states. >> my last question. we are short on time. what is the reaction of the

israeli people tonight? what are you hearing? >> israel we have a rambunctious democracy with different views. it is unique how much israelis are coming together. the prime minister of israel met with the head of the opposition. israel and arab neighbors that happens about once a century when we see eye to eye on something pay attention. those most vulnerable and endangered we are opposed to it. people should ask why are those who are supposed to do so much for so opposed to it. >> always good to see you. thank you. >> also tonight in other news prosecutors in the freddie gray case being accused of unethical conduct and of misleading a judge directly in this case. if what the defense says is true the prosecutors could be in a lot of trouble. plus there is breaking news on the little sisters of the poor and the high stakes lawsuit

between these nuns and the obama administration. it is not good news for the nuns next. >> helping, listening to them all of those are opportunities, really living in them. and then we bring christ to them and ourselves.

we are beginning a journey and at this moment we are bound by nothing. technology empowers us to achieve more. it pushes us to go further. to keep track of almost five million athletes, in 170 countries you need a lot of data. up 'til now we've been tracking a lot of data manually. the microsoft cloud allows us to immediately be able to access information, wherever we are. information for an athlete's medical care, or information to track their personal best. special olympics is really about celebrating differences, to create a world where we can accept and appreciate the gifts

that we all bring to our communities. technology is the tool to make an impact. it is the tool to make a difference. with microsoft cloud we save millions of man hours, and that's time we can invest in our athletes, our work, and changing the world. ♪ to steady betty. to steady betty. fire it up! ♪ am i the only one with a meeting? i've got two. yeah we've gotta go. i gotta say it man this is a nice set-up. too soon. just kidding. nissan sentra. j.d. power's "highest ranked compact car in initial quality." now get 0% financing or a great lease on the nissan sentra. ♪ ♪ i built 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. ♪ and that unlimited 2% cash back from spark means thousands of dollars each year going back into my business... that's huge for my bottom line. what's in your wallet? >> listening to them. all of those are opportunities for christ really living in them. then we bring christ to them in ourselves. it's the most beautiful moment. you know they are there. >> developing tonight big news on the legal battle between the

government and the nuns you just saw. the little sisters of the poor who devoted lives to helping those in hospice care. last year they asked to being exempted to having to comply with contraception mandates saying it forces them to choose between compliance with the law and their faith. today the court of appeals told the nuns too bad. lead counsel for the little sisters is with me now. they lost and either have to pay fines of about $2 million a year or sign the form that allows those working with them to get free contraception care. >> they lost one round of it and this is a case where the supreme court every time it has heard the government's arguments has ruled against them. the government may think it can tell nuns what their catholic faith requires but every time the argument is made they lost including in this case a year ago. the bureaucrats in d.c. don't get to tell nuns what their

faith requires. >> who is working for the little sisters who requires these contraceptive services? >> well the government argues that some of the employees might want them. it is not something that ever happened or has been an issue for the sisters. i'm not sure it is true that anyone wants it. >> the government says you're not a church, but you are an organization but if you sign the form that will allow some employees to get this coverage from the insurer. what is your beef? >> so the problem is that the little sisters' religious beliefs tell them they can't sign the forms and the government says the way it wants to get the drugs to people is by taking over the little sisters' insurance plan and program and the infrastructure of that plan to give them out. just like a jewish school can't let the government use its cafeteria to give out pork

sandwiches or catholic hospital can't let government use surgery room to perform abortions. all of which is particularly ridiculous now that the government has exchanges thmpt government has a delivery system. it doesn't need to drag the nuns into this. >> what is going to happen to them if the supreme court doesn't take their case? >> well it's a good and terrible question. the government is threatening them with tens of millions of dollars of fines if they won't violate their religion. so far the supreme court has been willing to protect people from being forced to make that awful choice. we hope that is what continues. certainly, no one wins if the little sisters of the poor are forced to give up their ministry or violate their catholic faith. they should be allowed to help those elderly poor people and the government should give out contraceptives some other way. >> if the supreme court doesn't take this case and that is the end of the line for the nuns it is going to be a major pr

disaster for the administration if they have to -- >> and a needless one. there is no need because the government has its own systems. this is ridiculous. >> thank you. behind bars for eight months as part of his punishment for violating campaign finance laws. now the judge wants more and he is here to talk about why he now has been mandated to undergo psychological counseling for five years. that's not all. plus after kate steinle's brother questioned policies there were demands for answers. next with the fireworks from capitol hill. you will not believe what happened. trace gallagher confronts city leaders in san francisco. >> the sheriff said regarding the fact that they have done nothing wrong i would like him to look me in the eye and tell me there is no blame to be put

on this policy. it's ridiculous. ♪ ♪ one day a rider made a decision. the decision to ride on and save money. he decided to save money by switching his motorcycle insurance to geico. there's no shame in saving money. ride on, ride proud. geico motorcycle great rates for great rides.

when the moment's spontaneous, why pause to take a pill? or stop to find a bathroom? cialis for daily use is approved to treat both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision or any symptoms of an allergic reaction stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a free 30-tablet trial.

has anybody from the administration contacted you? >> no. nobody has contacted either my parents nor i. >> not the white house, not the president, not the vice president? >> we have not heard a word. >> and he went on to say he wished someone would. not much has changed in the last 24 hours after we spoke with brad steinle. we get word that not a single white house official has called since kate steinle was killed by an illegal immigrant who should have been deported and had been five times and kept coming back. he was released because of san

francisco's sanctuary city policy. today congress questioned that fact and how we got there. chief washington correspondent james rosen is live in our d.c. news room. >> reporter: as head of the department of homeland security johnson may be expected to have view as to whether sanctuary cities violate the law. in a house committee hearing today johnson declined to offer a legal judgment on whether sanctuary cities violate the law. instead he touted management reforms he enacted in 18 months and fended off questions about the killing two weeks ago in san francisco, a sanctuary city of katherine steinle. some lawmakers here found unpersuasive the secretary's

argument that the obama administration which has in so many policy areas sought to enlarge the powers of the federal government will not enforce sanctuary cities to comply with federal immigration statutes because the administration -- >> i do not believe that mandating through federal legislation the conduct of sheriffs and police chiefs is the way to go. i think it will be hugely controversial and have problems with the constitution. >> the last time i looked we had a supremacy clause and federal law trumps state law so god knows it trumps the law in san francisco. when i hear the phrase sanctuary city as benign sounding as it is it may have been a sanctuary for that defendant but was not a sanctuary for a young woman walking with her father. >> lawmakers noted the silence of president obama on the steinle case. it is in contrast with his lengthy statements on cases of

trayvon martin and freddie gray and personal phone calls to pro athletes who came out of the closet. and it is not just the administration staying quiet. kate's brother, brad told us in the 13 days since his sister was allegedry killed by a man who had no business being in california or the united states no one on the local level has called to address how it happened either. trace gallagher went out to find out why. trace? >> reporter: megyn we had not heard from san francisco mayor ed lee since the sheriff blasted him. we told the sheriff was under the weather not feeling well. he felt good enough to come to the city council meeting and lash out at both the sanctuary cities law and the sheriff. listen. >> as you know i believe strongly that we should cooperate with federal immigration officials when they

request notification of pending releases for serious, violent or repeat felons including those who have previously been deported on multiple occasions. how some of our cities' law enforcement leadership have chosen to exercise or ignore their existing authority remains a question of concern. >> of course the mayor is not the only one to take a swipe. kate's brother brad called the stance on the policy ridiculous. "the kelly file" tried to track the sheriff down again today to speak with them and this is as far as we got. play this. >> do you have a good question for the sheriff. is he available to speak with us? >> he isn't right now. >> would you be able to answer two questions? >> he is not available right now. >> the sheriff did get support from those who rallied in favor

of the sanctuary cities policy and during that rally we spoke with council member david campos. he did say this. >> one thing that i think we have to be very careful of is to make sure that we do not lose sight that this is a very complicated issue that has another perspective, as well. we cannot let the actions of one individual lead to an overreaction that ultimately make the community less safe. >> but the fatal action, the alleged actions of that one individual has started a fiery debate around the nation and a divide among city leaders here in san francisco. >> trace, thank you. joining me now with more former chief of staff to illinois democratic congressman. good to see you. do you agree with the mayor who was saying the sheriff did the wrong thing? >> well there has been a lot of

blame to go around. i would like to talk about it's not just the blame. we need to focus on how this was able to happen. >> the sheriff let the guy out. >> exactly. because there was no warrant for his arrest. if you think of the system the system is broken. >> there was a detainer order in place which the law requires the locals to comply with but the feds are not enforcing that. >> right. there was a failure in the system. grant you that absolutely. why is this happening? why do we have all of this patchwork of sanctuary cities around the country. back to the same initial element. the federal government has relinquished the responsibility to set the immigration law for the system. i know you tell me we have immigration laws but we don't respond to needs of our immigration system. >> i understand you want a comprehensive immigration reform bill and many in the country do.

there isn't one enplace. we have in place laws. you are required to obey them even if you are a city like san francisco who wants to provide sanctuary for whom is the question. >> i know megyn. for the police and law enforcement to work they need cooperation. the people who live in the community -- >> they need to change the law. >> they need to come forward. the people who are not documenters see something wrong. sdpl i hear that. >> the system -- >> what i'm saying to you is go out and make your case to the lawmakers. until you get that law changed you have to comply with it. the law is the law. the republicans were completely flouting obamacare and the other laws passed by the democrats? no. >> remember look at the most recent effort which was in the senate with at least 13 republican votes including lindsey graham senator flake.

we had mccain. those people who had been consistently supportive of immigration. it passed the senate and never brought to the floor of the house. there was 700 miles of -- >> you are arguing for the purpose of this discussion i gave you that. that does want get to the issue here which is the flouting of the law. the last question i want to ask you is shouldn't the white house be reaching out to this poor family who specifically said they would like to hear from somebody? >> absolutely. 100%. the president, vice president, somebody should call the family and should have been with them. >> why aren't they? >> i have no idea. i am with you. they should have heard from the president or his staff or the vice president. absolutely. >> explicitly and might mean something. it might just be a validation of her life. >> it means a lot. >> good to see you. >> good to see you, megyn.

federal judge can't understand why someone like souza could get caught up in violating campaign finance laws. wait until you hear what the judge has ordered for the conservative film maker and his response live here. plus prosecuteors in freddie gray case facing new and serious charges of unethical conduct and of misleading a judge. that's next. >> to the youth of this city i will seek justice on your behalf. this is a moment. this is your moment. ♪ ♪ ♪ you're only young once. unless you have a subaru. (announcer) the subaru xv crosstrek. symmetrical all-wheel drive plus 34

mpg. love. it's what makes a subaru a subaru. i hate cleaning thhe stuff? it's evil. and ladders. sfx: [screams] they have all those warnings on 'em. might as well say... 'you're gonna die, jeff.' you hired someone to clean the gutters. not just someone. angie's list helped me find a highly rated service provider to do the work at a fair price. ♪ everyone can shop, but members get more with reviews, live customer support, and better pricing. join today. i am totally blind. and sometimes i struggle to sleep at night, and stay awake during the day. this is called non-24.

learn more by calling 844-824-2424. or visit your24info.com. mom has always been one of those people who needs to keep busy. if she's not working in her garden, she's probably on one of her long walks with bailey. she was recently diagnosed with a heart condition. i know she's okay, but it concerned me she's alone so often. so i encouraged her to get a medical alert button. philips lifeline offers the best options to keep her doing the things she loves in the home she loves. if she ever falls, or needs help, i know we can get to her quickly and with her condition that can be critical. and even though she doesn't typically go far from home, the button always goes with her. these days, she's still as busy as ever. just the way she likes it. innovation and you. philips lifeline. lifeline is america's #1 medical alert service. visit philipslifeline.com/caregiver

today or call this number for your free brochure and ask about free activation.

new controversy in the freddie gray case in baltimore as lawyers accuse mosby's team of unethical conduct. they say the office obtained cell phone records of the accused cops by misleading a jurorest and say she is holding evidence. fox news legal analyst and new york trial attorney. so if this is true mark -- >> this is bad. >> blatantly unethical. what are they saying she did? >> i am outraged. they go to judge number one.

judge says i don't think there is probable cause to get a search warrant and go to judge number two without telling judge number one or judge number two that they had been to judge number one. same exact evidence and search warrant and judge number two says probable cause. megyn kelly, my own children my young children know when you go to daddy you better tell me that mommy said no first. they deserve a time-out for this. >> megyn, i think all three of this agree this case is not charged properly and don't know how it is proven beyond a reasonable doubt. these are public servants. this woman is not doing this. you're assuming facts that are not proven yet. >> the defense has attached motions that she filed for the search warrant. >> if i may be heard. it's the defense that is

alleging the second judge didn't know. however, in that motion it says there is a conversation between the prosecutor and the second judge. we don't know if that is in that conversation the prosecutor said judge jones looked at this yesterday and refused it. if that took place then there is nothing wrong with that. >> i disagree. >> the law is as long as the second judge knows that the first judge rejected it the second judge can reach a different decision. >> i disagree with arthur so strongly. so strongly like i have never before. let me tell you something. it is so unethical to go to a second judge. it is called judge shopping. the appellate court they don't like it. >> not if you tell -- >> you're basing that on nothing right now. you're assuming that they are proceeding in bad faith. >> they're assuming they have no proof. what proof do they have? >> how could they go to the

second judge? what business do they have going to the second judge when they were denied with a motion identical to the first one? they were rejected and judge shopping. >> as long as you tell the second judge. >>. >> would you concede if they didn't that would be problematic and the evidence should be thrown out because of case law? >> yes. >> then the second judge will tell us whether or not this was disclosed. the defense says it never was. we will find out. if it wasn't disclosed those cell phone records may get suppressed which may be bad for ms. mosby. >> this could be all over nothing. >> correct. there is a reason the defense wants them back. >> it under mines due process. >> the defense is alleging that ms. mosby conducted her own investigation which she did and that she is not disclosing the

results of that investigation. mark is she required to? >> not everything. her personal notes would be work product like her impressions, conclusions. if she conducted interviews and those interviews differ from law enforcement and even slightly that stuff is discoverable. reports, witnesses all discoverable. >> every day we fight prosecutors to disclose that stuff as early as possible. there is case law and statutory law as to when we get certain documents and it is up to the judge's discretion when we get other documents. how much before a trial do we get those documents? >> if the judge rules against us we don't go to another judge and try to get a second bite at the apple. >> in brooklyn that's how i roll. >> down in miami it may not work that way. >> time-out. >> president of the brooklyn bar

association. coming up next is souza crazy? why a federal judge is now not exactly asking that question but asking that question. ♪ have you ever thought, "i could never do that"? . . well - you do. because the courage is already inside. ♪ ♪ ♪ ♪

hp instant ink can save you up to 50% on ink delivered to your door ...so print all you want and never run out. plans start at $2.99 a month. ♪ ♪ the most affordable way to print. hp instant ink.

is dinesh d'souza crazy? a federal judge thinks he needs some help. sentencing d'souza to ongoing psychological counseling. even though two psychologists cleared him. d'souza has spent eight months in nightly detention. but the judge believes he has evidence of much deeper issues. dinesh is with me now.

he's an author and creator of the documentary film "america." this judge, richard berman of the u.s. district court a clinton appointee says he's trying to be helpful to you. dinesh. you might need a little help. your thoughts? >> well megyn, you know, the judge had professed at the time of my sentencing to be absolutely baffled by why someone in his words as intelligent as me, as successful as me would do this. i tried to explain to him as an immigrant i left my family behind and i had become very close friends with a group of dartmouth pals. including wendy long, who later was running for the senate. so the judge ordered me to do counseling and i've now done eight months of counseling. he then said counseling was not adequate. he wanted me to be examined by a medical psychiatrist and take standard psychiatric exams. so i did that.

and a prominent new york psychiatrist certified that i was perfectly normal. the judge said he wasn't satisfied with that. he wanted to have a government psychiatrist reexamine me. i took another battery of tests. and the government psychiatrist said i was perfectly normal. and then at the eight months of my confinement, my counselor wrote the judge a letter saying i was perfectly normal and not in need of my therapy. but the judge says he has experience in social work that he was a psych major in college. >> he said he agrees with some of the notes in the assessments that you have remarkable little insight into your own motivations. you're not introspective and you tend to see your own actions in an overly positive manner. this crime involves a colossal of oversight. you have weaknesses and are prone to anger and reaction to you sound like a news host. >> megyn, if i may, let me read a couple lines from a world famous psychologist robert gould

in new york who examined me for four months and studied the results of my mmpi. he said i see no evidence of psychopathology. certainly no need for any kind of medication. he does not have the symptoms of anxiety or depression. he is not an angry person with an impulse disorder. i do not believe he's hiding anything. he says he is what presents himself to be. he made the mistake of good man who made the mistake of good motives that led to bad judgment. that's my psychiatrist assessment. >> got to leave it at that. good luck, dinesh. we'll be right back. nothing fits, huh? not surprising... ...with that bloated belly. you got gas. i can see it and i know you feel it.

get gas-x. it relieves bloating in minutes. plus that uncomfortable pressure. no wonder it's the #1 gas relief brand. when you do business everywhere, the challenges of keeping everyone working together can quickly become the only thing you think about. that's where at&t can help. at&t has the tools and the network you need to make working as one easier than ever. virtually anywhere. leaving you free to focus on what matters most.

brilliantly practical scientist harriet tuttle's search for a more efficient life concluded with an unorthodox solution. harriet created four more harriets. together, they were a model of efficiency. however, while identical, they had their own interests, and their own retirement plans. each customized with a raymond james financial advisor, allowing them to enjoy life. separately. and together. life well planned. see what a raymond james advisor can do for you. staying in rhythm... it's how i try to live... how i stay active. so i need nutrition... that won't weigh me down. for the nutrition you want without the calories you don't... introducing boost® 100 calories. each delicious snack size drink gives you... 25 vitamins and minerals and 10 grams of protein. so it's big in nutrition and small in calories.

i'm not about to swim in the slow lane. get a coupon for a free sample at boost.com

tune in tomorrow night. we have presidential candidate ted cruz. we'll ask him about his battle with "the new york times" and the best-seller list. facebook.com/"the kelly file" with your comments. see you tomorrow. i'm megyn kelly. tonight. >> the united states together with our international partners has achieved something that decades of animosity has not. a comprehensive long term deal with iran that will prevent it from obtaining a nuclear weapon. >> former vice president dick cheney joins us exclusively to react to the iranian nuclear deal. >> the world is a much more dangerous place today than it was yesterday. plus our closest ally, israel, is betrayed. >> what a stunning historic mistake. >> mark steyn and the great one, mark levin weigh in on all the ramifications from this disastrous deal. >> this particular set of circumstances and the people involved, the different agencies,