thanks for watching us. please remember the spin stops here. definitely looking out for you. breaking tonight, shocking revelations in a brand new under cover video leaving health care providers doing serious damage control as crowds grow louder to cut millions. welcome to "the kelly file" i'm megyn kelly. for the second time in a week planned parenthood is at the center of a controversy as top doctors are caught on camera having graphic and disturbing conversations about harvesting fetal organs for cash. last week we showed you dr. deborah nikotola discussing how

she crushes second trimester fetuses in order to preserve certain sought after organs for buyers who want to use them for research. today america was treated to a new and different business lunch. this woman in california again casually discussed the termination of healthy fetuses for, quote, compensation even joking that the price had to be right so she could get a fancy sports car. we are going to show you a clip from the latest video. as you watch it remember it is illegal to alter the method of an abortion for the purpose of obtaining fetal tissue. we warn you what you are about to see is extremely graphic. >> so i would like -- what would you expect for in tact tissue?

what sort of compensation? >> what are you used to -- >> i don't think so. i would like to know what would make you happy? what would work for you? [ inaudible ] are you looking at eight to nine? >> end of the first trimester, if those are pretty in tact specimens then that's something we can work with. >> that's an interesting concept. let me explain to you a little bit of a problem. if our usual technique is suction and we switch to using something with less suction then we kind of [ inaudible ]

. >> how do you feel about that? it's been years since i talked about it. so let me figure out what they are getting at.

>> she's not laughing now. planned parenthood saying these videos are part of a decades long campaign of deceiving the public making false charges and all in order to ban abortion and cut women off from care planned parenthood. planned parenthood said it is a victim of unlawful tapings and unfair improperly edited smear campaign. >> if that is true what was head of planned parenthood doing apologizing not just for the tone of what the first doctor was saying but also for her, quote, statement? so i think planned parenthood's obviously resorting to trying to fire up the faithful in the aboergz rights movement and

rally them to their cause. i don't think their explanation works. >> you have two doctors now. one who runs the abortion practices talking about how she crushes the babies' fetuses above the thorax and below to maintain the organs that are really popular. now you have this one talking about how she will speak to the head abortionist to see if she can make the abortions less crunchy. >> which goes to the question of the federal law engaged here which is the one that forbids manipulation of procedure for purpose of harvesting organs or tissue or any part of the aborted baby. >> let me put that on the board so viewers can see the law. this is 42 u.s. code section 289 g. human fetal tissue may be moved only if no alteration of method or procedure was made solely for

the purpose of ubobtaining the tissue. you cannot change the method used if the sole reason to do it is to obtain the tissue which she considers a little argument that is a little protocol that doesn't bother her if they violate it. >> that seems to be what she is saying which would give rise to a potential prosecution here if we even had a justice department that would be interested in prosecuting such things which i suspect we do not. there it is. it is pretty clear. >> what does this do to the argument on abortion? it's legal. it's legal well into the second trimester and are talking here about aborted fetuses that are 12 weeks, i will show them here what a 12 week baby looks like. the one she is trying to make less crunchy. i'm not trying to be disturbing. this is a 12 week baby. and the casualness with which

she and the other doctor discuss it is shocking to some but some reply by saying abortion itself is shocking. why are you so shocked that they would be trying to find silver lining to it in harvesting body parts to help someone else. >> the picture represents the contribution that science has made over the years. it's given us a much better idea than we might have had and the extent to which the fetuses are little babies. they have very very early stage of development they have their fingers and hands begin to develop. you can see that little limbs developed. the head was present. whoever the mother was went to her doctor for a checkup i'm sure the doctor didn't say you have a healthy fetus. that's not how people think of such things when they know and can feel and see. there you go. 12 weeks. there you go. when you extract and rest from

the woman's womb this little human creature and kill it that's not a tidy little minor procedure really. that's the taking of a human life. and we're now face-to-face with that once again in much the way the case brought us in an awareness and the extent of barbarism that can be involved in the abortion culture. >> this is how the left sees it those who support -- i know plenty of pro choice people who are outraged by these planned parenthood videos. this is how the left argues the issue. listen. >> it's a very compassionate gesture. it's a very private moment where people volunteer to do this. certainly so my colleagues around the country and i are the recipients of that in that

moment with people. it's very genuine. there are certainly services where people can help women do that generous thing that they would like to do at that moment. >> i think under scoring that this is in fact an act of generosity and very difficult position to make is really important to counter act the narrative being presented here which is incredibly lurid and that is very effective for this wing of the antiabortion movement. >> megyn, that's a discussion that seems to me about a mother who is going to have an abortion's decision to permit the use of fetal tissue for science. that is one thing. that's not -- we're not hearing from the mothers or the would-be mothers or pregnant women in these videos. we are hearing how planned parenthood which if there was ever a euphemism for an organization planned parenthood is it because whatever the

discussions were about that we were hearing in the videos sure as hell wasn't about parenthood. it was about avoiding parenthood. this little discussion we heard that you just played is really about the possibility that a mother or a pregnant woman who agrees to have the tissue from the aborted baby used for science is making a generous gesture. i don't see in any way how this gets planned parenthood off the hook on what it is doing and how it is doing it. if this were as planned parenthood says simply compensation they were seeking for the costs that they incur in bringing this about and making this tissue available they would have a schedule. they would have a fee schedule. there wouldn't need to be a negotiation. >> you wouldn't have to have a first number to lose the negotiation. >> this is about business. this is about money and this is where the abortion culture has taken us.

>> this is going to be a big issue in the presidential campaign. abortion is front and center inputal politics as it has become in america as the poll numbers start to show a shift thanks in part to the science of what we are able to see. thank you. also tonight five days after a possible terrorist attack kills four u.s. marines and a sailor the white house taking new heat over what the president said to a group of american veterans and what he did not especially when it comes to terror. up next one armed u.s. citizen taking a stand to protect our troops and lieutenant colonel tony schaffer taking a stand on how the president continues to describe the attack. and then new surveillance video may undermine everything we heard from city leaders and continue to hear from them about what happened in this case. we will be joined to weigh in on the latest. almost three weeks to the day since an illegal immigrant

allegedly shot and killed kate steinle families deliver a powerful message to washington. one mother is with us live tonight. >> instead of getting joshua home that day from school we got an autopsy report.

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breaking tonight under intense pressure the white house has now ordered that the flags of the united states be flown at half staff at all public military and naval grounds. in honor of the five service members killed in what is being investigated as a terrorist attack last week in chattanooga. it took five days for the president to act with critics pointing out that is five times longer than after murders in connecticut and noting it took hours to light up the white house like a rainbow in tribute to the supreme court ruling on gay marriage. the president declining to call this terrorism but acknowledging that al qaeda and islamic state have encouraged attacks on american service members and promised to do what he can to keep our military safe. our next guest isn't betting on it. he has been standing guard in

lancaster, ohio. why did you feel it was important to do this? >> i felt like it was important to do this because to me it is obvious that people have power to make change are not doing what is necessary to protect men and women who sacrifice their life. >> do you appreciate the irony of you, a citizen, standing outside of a military recruiting center where marines are inside they can't have guns but you can? >> yes. many times people walked up to me and said do you have a permit for that? i told them this is 100% legal. i am open carrying the weapons however the men and women who are trained, disciplined and prepared to use the weapons to defend themselves and others are not allow d to have weapons. >> the white house said when asked are you going to let them change the policy, this was signed into law by president george h.w. bush are you going to try to reverse it and

pentagon says policies are under review? >> the process as we have been talking about is failing miserably. i pleev the best approach would be two part have governor kasich sign an executive order that authorizes the national guard to protect recruitment centers and get the law changed so they can be armed and have an armory to get access to weapons if the situation arises where they need to defend themselves or others. >> are you scared when you are out there? >> i'm not scared. people say you are so brave and courageous. to me that is confusing because i don't understand why they think what i am doing is courageous and important. i understand it is important because these men and women give their life and freedom so we can have freedom. i feel like everyone should be doing this. why is my action abnormal when a situation like tennessee can

happen anywhere. i'm sure people in tennessee didn't wake up and think there is going to be a terrorist attack today. people don't think that. that is what complacency gets us. it gets us killed. >> thank you. >> thanks for having me. new details on the suspected shooter in chattanooga. now reports that mohammad youssuf abdulazeez follows a top terrorist and his research how to die in the name of religion. good to see you. so the president still not withstanding all of that doesn't call it terror. >> he doesn't. this incident this specific incident is based on two policy failures one which was long term going back as you stipulated in the prior segment to the bush 41 pentagon where they signed away the right for anybody in the military to have weapons creating these free fire zones. a shorter term but equally lethal policy failure.

the president continues to fail to understand and recognize the fact that people like this guy are being radicalized. if he is watching tapes done by anwar al awlaki he is being radicalized. >> how much more evidence do you need? it's like the terrorism cases, they don't always have direct correspondents with anwar al awlaki although they did in the fort hood case and he still didn't call that terror. >> there was in arkansas in 2009 where recruiting station were hit. we are seeing a policy failure that goes back in some cases over a decade and other cases my friend mike flynn has been talking that he briefed the white house and need to watch what isis was becoming. i do relate directly that isis because this guy was emboldened by their actions in the middle east and started watching videos and the rest is history.

we have been talking about this. we knew this was coming. i have been on your show and talking about this yet the policy makers have done nothing to prepare for this and now we have people who are dead. >> you got the fbi director jumping up and down saying i can't stop it. and the president today said it's really hard. he did say the threat of lone wolves is tough to detect and prevent but we are doing all we can. >> nonsense. >> apparently we are not doing enough. >> we can do more. we know where these guys are. we know we have to go into the heart of this and start defeating isis on the battlefield to show we can do it and take the wind out of the psychological sails. this is not like mismatched drapes. this is a policy failure. we need to change the policy and get in it to win it and protect these folks at the recruiting stations across the board. >> great to see you.

>> great to see you too. the murder of a san francisco woman touches off a nationwide fight over illegal immigrants and crime. today a group of parents went to capitol hill. one of the mugothers joins us. a new setback for prosecutors in the freddie gray case as we get dramatic new video and audio from the battle law enforcement had as the city was spinning out of control and that puts the lie to the denials that a stand down order was given to the cops. >> iwe are under significant assault. ♪ we all feel the calling to build something great.

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the day of freddie gray's funeral. this video shows the city spinning out of control with the crowd destroying police vehicles setting fires and looting from the stores while the police stay on the sidelines. we are getting new sound from police radio that clearly suggests police were under orders to hold back despite the fact that city leaders repeatedly denied giving that command. watch. >> >>. >> we are under significant assault. >> sustained head injury and then -- >> i need you guys to pull around the van while we load up injured officers. >> in the meantime there has

also been another setback for the state prosecutor in her case against the cops. civil rights attorney new york trial attorney thank you both for being here. let's deal with marilyn moezby. basically she wanted to not have them leak evidence in the case and the judge said no. >> the judge said they had the evidence and they haven't leaked anything. the only thing leaks was the autopsy report and that was leaked before the defense attorneys had their hands on it. the judge saying you didn't show me a reason to do this. what blows me away was her alternative if the judge denided this was put all the evidence on an internet site for everyone in the world to see which basically just sets the judge in his role apart which is what a jury

should see and what is ad missable and what is relevant. the judge said you have had your press conferences. >> so a practical matter what does that mean? the defense's freedom to leak what they want to leak? what does it mean? >> it means that the judge did not find her motion to be specific enough in the interest of justice to give such an extreme measure as ordering an order of protection. the judge said you have not identified what particular piece of evidence should not go out to the public and that's the problem here. >> show me what they leaked or show me what you are worried about them leaking and she couldn't do it. >> absolutely. >> let's move on to the surveillance tape. it is shocking. some of the worst surveillance tape we have seen from the riots yet. it showed if you listen and there is a lot of it the video and audio but you can hear cops saying let's start making arrests and then you hear do not

advance. hold the line. you hear we're getting bricks thrown at us. we are sitting ducks here. one guy says i'm not going to let my guys get hurt because we have equipment and not using it. somebody get me pepper spray and now. you can hear their frustration if you listen to the whole thing. you tell me whether it is in any way unclear that this mayor and the police commander made very clear to these cops do not engage. >> i don't think there is argument made beyond a reasonable doubt that that is what took place. i'm pretty sure this all took place on the day of his funeral. so they knew this was coming. this wasn't like a flash thing that blew up. they knew there would be unrest and they are so unprepared. if you know your police force can't handle this you call the state people. >> she wasn't worried about the police handling it.

she said let's give them space to destroy. you can see that. >> as i watch the tape today, megyn, what was clear is that the officers' actions and the strategy used was about officer safety making sure we don't inject officers into a chaotic situation and make what is bad worse. if you have individual officers trying to make an arrest they are exposing themselves to a crowd that outbinoutnumbers them. >> so you are making the point that i just said. in other words, you need a true professional like bill bratten in new york to anticipate this and say these are tax paying citizens whose stores are being wrecked, cars are being wrecked. >> she didn't care about that. the mayor did not care about that. she dismissed it later as loss of property and not loss of life. tell that to the hundreds of

business owners that had their stores damaged and cars were burned. not to mention the 200 cops that got hurt. >> 61 buildings were burnt. >> the monday morning quarterback always makes the right call. in this situation they were looking at a chaotic situation and made the call to put officer safety before making individual arrests. >> i have to go. >> they should be better than that. >> no cop was killed but there was a lot of injuries. there is also news breaking in the death of a woman in police custody. police say she killed herself. not everyone is convinced. now new video has surfaced and we have it. then ashley madison.com caters to people look toog have an affair and hackers looking to out the names and messages of millions of users.

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usaa. we know what it means to serve. get an auto insurance quote and see why 92% of our members plan to stay for life. breaking tonight new fallout. almost three weeks to the day after kate steinle's death. thanks to what the judishiary called the misdirected immigration policies in the wake of the controversy over sanctuary cities. today lawmakers listened to powerful statements of folks who were killed and became clear that kate steinle's death is one

entry on a list that is far too long. first, we go to laura wilkerson who testified at today's hearing to honor the loss of her son, joshua back in 2010. thank you so much for being here and your testimony was difficult just to listen to but your son was murdered by a so-called dream er dreamer dreamer dreamer somebody brought here by his parents. this man is likely to get out on parole by the time he is 49 years old. >> yes. that's correct. your thoughts on the sanctuary cities and the policies that stand? >> my thoughts are criminal element not to say that all are criminals but invites the element to come to our city and you get a free pass. >> so to those who say there are murderers among the illegal

immigrant community the same way there are among the law abiding community and it's unfair to paint this community with such a broad brush you say what? >> i say america has enough criminals and we don't need any other countries. >> some look at the testimony and say not you but i know you gave a shout out to donald trump saying you felt heard when you heard what he said the remarks people considered controversial. people say donald trump is a bigot and you say? >> i don't know donald trump. i don't know what he stands for but i know it felt great to hear him speak the truth. he spoke from -- he spoke the truth. it felt like we were being heard. it was a relief to me. he said what he wants to say and doesn't back track on it. what he said had truth in it. so it did feel like finally somebody is hearing and

listening. >> josh was brutally murdered by this young man for no reason whatsoever. he was tortured before he died. you said today it's going to take another life lost by a senator, a congressman, the president, even another hero or someone from hollywood before somebody does something about this. do you believe that? do you believe there is apathy on this still in washington? >> yes. there is no question about it until it happens to you you don't know the pain and it's not going to happen until somebody makes a move. it's a shame. kate steinle was just another one on top of it. there will be many today, many tomorrow many the next day until somebody decides it's enough. >> our condolences to your family and your loss. thank you for telling us your story. >> thank you so much. when immigrations director

took the stage at today's hearing she got hammered over an obvious flip-flop back in march after suggesting that the feds need to be forcing cities like san francisco to cooperate with officials in her department. we need mandatory cooperation. crack down on sanctuary cities. 24 hours later saying that stuff i said yesterday forget about that. listen to what happened today. >> you said absolutely amen and the next day did you have a conversation with someone and decide to change your statement from that? >> as i said before senator, truly my response was straight out law enforcement response. what i did the next day was to clarify i am not going against what we have all our efforts in establishing and now implementing the program. >> got it? she cleared that right up.

jeff sessions is an alabama republican on the judiciary committee. there was so much dancing going on there like being back at the high school homecoming. it was like she would not give a straight answer other than to deny that she reversed had erself. >> she gave a law enforcement answer the only answer she could give the first time and it was consistent with the entire philosophy of enforcement of immigration laws in america. her subsequent position is contrary to that. it afirms sanctuary cities allowing them to continue and this administration has done absolutely nothing about it. and it has resulted in the death and crimes throughout this country. >> so now the law that is being discussed, kate's law would deny funding to these sanctuary cities from the department of justice and department of homeland security and would call

for mandatory minimum sentence of five years in prison. do you support both of the items? >> i like both of those provisions and i support that in general, yes. we will have to watch the wording carefully. it is absolutely true that people who reenter this country feel they can do so with immunity and impugnity. mandatory penalty would be very important and effective in reducing that kind of activity. >> here is what some people say among other things that if you make somebody who gets deported who then sneaks back into the country go to jail for mandatory five-year period it won't all be people like the man who killed kate steinle. it will be fathers and mothers deported who sneak back in to be back with families and now you are ripping them apart. >> we are not ple

unless they commit the most heinous crimes. if they come back to the country they should be put in jail and should not be allowed to come back into the country. >> where do we get the resources to keep these people in jail? >> you can argue about how long the mandatory penalty ought to be. a mandatory penalty would have a tremendous impact and reduce the number of people who reentered after being deported presumably for some serious crime because nobody is being deported today unless they commit a crime according to president obama's policies. >> it would cast the net beyond just those deported recently. senator, it's good to see you. >> thank you. the internet is buzzing with possible big news involving "game of thrones." john snow and what could be a game changing moment. this is exciting. plus ashleymadison.com caters to people looking to have an affair.

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from the world haurs headquarters of fox news it's "the kelly file" with megyn kelly. ashley madison, the dating website that helps married people cheat has been hit by hackers threatening to expose the personal and risque details of clients if the site is not immediately pulled. the website reports to have 37 million users and goes by the slogan life is short, have an affair. watch. ♪ bringing your marriage back to

life. >> wow. so somebody hacked the site and is threatening to reveal the cheaters. >> and have started leaking out information already. if you are somebody who wants to cheat on your spouse why not go on a site where you don't know the owner, put in your credit card information and then date a stranger and hope everyone keeps their mouth shut. what can possibly go wrong? this is the ultimate thing. experts say they believe it is an inside job, someone angry that you have to spend $19 to erase your personal information are offering a free exit plan. you will not be charged the $19. to me this has been brought to its knees. >> they will delete your profile now that ashley madison has been hacked. the hackers already hacked in. >> they basically said bring the

site down or we leak all the information. think about the weekend everybody will have right now. this is geared towards women. that's why ashley madison they thought women needed a site to go to. now men and women are equally going to. >> 37 million people. >> and they already took down established men which was a site and cougar life. both of them have been hacked and their names -- cougar life is more about wild animals. that was hacked two months ago. right now ashley madison i think is in a lot of trouble. >> in the law we have assumption of the risk. so big news in "game of thrones" tonight. brian does not watch "game of thrones." loser. was that out loud? >> i said i live for "game of thrones." there we go. here is the big news. we know it is the final episode on season 5 was a blood bath.

everyone died. >> spoiler alert. >> in case you have been in a coma. happy days have come to an end, as well. spoiler alert. john snow is a loved character and he was stabbed to death. did he die? it turns out he turned out. why would he be on with another member. i went to this thing called research and found out there are other things to do in belfast. there is the belfast zoo. always great. i know he loves wolves. boat tours as well as famous people named van morrison. >> he spent a lot of time with the crew before. maybe he made some girlfriend over there and at the time they started to film again he needed to visit her. >> i just don't know why you love it so much and where you

find time to follow this. >> i watch about 30%. this is how i watch it. who lives, who dies? and then my husband he will say they killed him. i'm like don't tell me. there is a reason i don't want to have it in my head. i just want to know live or die. let me show you the faces. dead or alive and just assume dead. >> they have to be true to the period. they take no prisoners. >> here is the possibility that people believe may have happened. >> if they see he doesn't know. the catch the two of them in a cafe in belfast.

>> and bring somebody back to life with a kiss. >> we are back to the ashley madison intro. >> i got to go. we'll be right back. ♪ ♪ hp instant ink saves you up to 50% on ink ...so you can print all you want and never run out. plans start at $2.99 a month. ♪ ♪ 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. ♪ to steady betty. to steady betty. fire it up! ♪ am i the only one with a meeting?

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we are getting a look at dash cam video. the traffic stop seems routine until the officer asked her to

put out her cigarette and get out of the car and she refused. now watch. >> why am i being apprehended. >> wow. >> get out of the car. >> for failure to signal. you are doing all of this. >> get over there. >> the officer pulled a taser, cell phone video captured the officer putting bland on the ground and arresting her. police say the officer did violate procedures for traffic stop courtesy but sandra bland was combative. three days later she was found hanging by a plastic trash bag. on his closed circuit video bland's cell is on the hall on the right. the motion sensor video appears to show that no one entered her cell between the time deputies last checked on her and when they found her unresponsive. bland's family and supporters think the video was edited and

maintain she did thought kill herself. listen. >> sandra bland, i'm sure i'm positive did not commit suicide. i believe she had help. >> sandra bland posted on social media that she suffered depression and ptsd. >> we'll stay on. thank you, we'll be right back. everyone loves the picture i posted of you. at&t reminds you it can wait. when a moment spontaneously turns romantic why pause to take a pill?

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whether politicians like hillary clinton will need to comment on this. tomorrow dana pureena and dana lash are here. facebook.com/the kellyfile. let us know what you think. we'll see you tomorrow. . welcome to hannity. we are broadcasting from the ohio state university. [ applause ] earlier today governor john kasich became the latest republican candidate to announce he is running for president. the governor will be our guest for the entire hour. first, here is how things went down earlier today. >> there are a lot of people in america today who are not sure that that american dream is possible that that american dream is alive. it's the challenges that