day do not be saturnine when writing to the factor. ms. megyn up next. remember the spin stops right here because we are definitely looking out for you. breaking tonight sources saying they have a, quote high degree of confidence they have recovered a plane part matching that of malaysia flight 370 missing for more than a year now. the sources say the part found on reunion island near madagascar is the edge of a boeing 777 wing. they are going to look at it for further evidence that it may be from the missing malaysia jet. flight 370 left on march 17. it flew south towards the southern indian ocean. the debris found today is

thousands of miles west of the search area. we will be speaking from a former top official from the faa on what could have happened here. first, breaking tonight protesters out on the streets of cincinnati after police release graphic new video from a deadly show down between a cop and a suspect who is now dead. welcome to "the kelly file" i'm megyn kelly. today 25-year-old university of cincinnati police officer surrendering after he was indicted for murder. he is charged with intentionally killing 43-year-old samuel debose during a routine traffic stop on july 19. we are going to show you officer kensing's body camera video. you will see and hear what happened right before and during the shooting. in this clip the officer asked the man he is arresting who he will ultimately shoot for his driver's license.

the situation escalates quickly. there is a brief struggle and a fatal shot. >> i am asking you a direct question. do you have your license on you? >> what did you pull me over for? >> the front tag. >> it's not illegal to have a -- >> actually, it is. let me ask you again, do you have a license on you? >> i have a license. you can run my name. >> is it not on you, though? >> i don't think i have it on me. >> are you suspended? why don't you have your license on you? >> i just don't. where do you stay at? go ahead and take your seat belt off. >> i didn't do nothing. >> take your seat belt. >> stop. >> that's where it happens. this is the latest in a series

of incidents spawning a national political debate over race and policing. some cases show law enforcement crossing a line, others do not. tonight we examine the facts of this case which is causing a national outrage and uproar and we will let you decide. we are joined by former l.a.p.d. homicide detective but we begin with trace gallagher who has been studying this video and breaks it downhere. >> reporter: while announcing the murder indictment the prosecutor called the traffic stop, quote a chicken crap stop. the cincinnati police chief claims university of cincinnati police officer ray tensing was wrong. tensing pulled over debose a few blocks away from campus for not having a front license plate. the officer repeatedly asked for his driver's license. watch again. >> do you not have your license on you? i'm asking you a direct

question. do you have your license on you? >> why did you pull me over for? >> at one point when he is asked about a bottle debose pulls out what appears to be a full bottle of gin and then saying quickly go bad. >> i haven't figured out if you have a license. >> i didn't do nothing. >> take your seat belt off. >> stop. >> you hear the rev of the engine. from the rev of the engine to fatal gun shot is less than three seconds. a fellow officer says at some point he began to be dragged, that he was almost run over by the driver of the honda accord and was forced to shoot the driver. told his attorney -- but the video doesn't support that

claim. take one more look at this. >> i haven't figured out if you have a license or not. >> i diplomat do nothing. >> take your seat belt off. >> stop! >> then the gunshot. video from another officer's body camera tells a different story and you can see in the distance it appears that officer tensing was knocked to the ground though the prosecutor says he was knocked back by firing the gun. as for samuel debose he did have a lengthy criminal record including a reported 70 different arrests for nonviolent crimes. debose was also the father of ten children. >> trace thank you. joining us now with more mark firmen, former l.a.p.d. homicide detective and richard fowler. and so now in this case richard, they have charged the cop with murder which his lawyer says is an overcharge, that they have gone too far.

you say? >> i say his lawyers are wrong and the prosecutor and the grand jury is right here. if you look at the video and i watched it and studied it over and over and over again even in the situation where the quote/unquote pushed the gas and tried to run away, that video doesn't show that at all. not to mention the fact that even if that is true or not true, not having a driver's license or having an open bottle of alcohol in the car is not a death sentence. >> mark, do you disagree? >> well there is many things to agree with and some things to just argue. first thing is it was a probable cause stop. he wanted to stop the cause so he found a reason. he is polite. he demands things lawfully. where it goes side ways is you can see the right hand of the driver. he starts the car.

the left hand he struggles with the officer. he speeds off and gunshot goes off. i suspect that what occurred here is as he was working against the driver pulling the door shut and him trying to open it he is going for his weapon and it discharges then he tries to make an accidental shooting probable cause shooting, justified shooting and i think that is where it went side ways. >> if you listen to the tape you hear the cops saying i thought he was going to run me over. he took off on me. i thought he was going to run me over. he was dragging me. he was dragging me. why hand was caught inside. the tape does it not support that? >> the tape doesn't support that at all. you have to trust and verify. the tape verifies that this officer indeed murdered samuel debois in this particular case.

>> let me stop you there and say what his lawyer is saying. his lawyer says that i expected a charge but not a murder charge. if you watched the tape play out what you see is a cop who appear to have i don't know panicked behaved i don't know what it was. i don't know if i see malice afore thought on there or somebody who decided to murder another person or do you see somebody who doesn't know what he is doing and makes a ridiculous decision in the heat of the moment? >> i think it is someone who doesn't know what he is doing. if you listen to the press conference earlier in the state of ohio there is no delineation between a first degree charge and second degree charge. it is just murder. >> intentional murder. purposeful killing of another. >> look how fast he pulled the gun out. >> what we are seeing now is the narrative coming out of this

case. here they go again. here the cops go again with just gunning down black people in the middle of the street for no reason. >> well, if you are going to cherry pick any case or every case and then you are going to find cases. these cases could probably be found for years in covering every race of people and every sex or both sexes. i just want to go back to one thing about murder. let's not get fixated on the word murder. that's an intent crime regardless if ohio does or doesn't separate first, second or third degree. when a vehicle is the weapon in an officer-involved shooting there is two cardinal rules. you cannot put yourself in danger to have that vehicle be a weapon. in other words step in front of a car and claim they tried to run you down. and then the next one is if the vehicle is leaving and the threat is leaving game's over. >> step away. you don't get to shoot the driver unless it is some serial

killer. >> game's over. >> not somebody missing the front license plate. do you believe here this is an example of the system working similar to the way we saw the other cop arrested when he was shot a black man and tried to frame him to make it look like he had been coming after the cop. did the system work here in that the charges have been brought? >> here is the thing and i agree with mark on his explanation. the system is broken. the fact that we got this far the fact that this officer shot this african-american unarmed man at point blank range in the head shows there is something wrong with the entirety of the justice system. >> it does? >> governor kasich a couple of months ago created a review board to deal with this matter to reform. the re-formation to start from the bottom up. >> you think somebody is sending a message to the cop that it is okay to murder somebody for

missing a front license plate? >> the whole system is broken. the whole system. >> i got to go. we'll get to it next time. we learned a short while ago that search teams are going to continue searching for a missing jetliner as investigators try to figure out if they have found evidence of the missing plane more than 15 months after it disappeared. we will be joined by a former faa official. a dramatic turn of events in the immigration debate as a man is released, rapes a young girl shoots a woman and murders another all in the shadow of the city that hosts next week's republican debate. plus hollywood is releasing a blockbuster film on events in benghazi in the middle of hillary clinton's campaign for president. dana perino on what it means for the former secretary of state

just ahead. >> pull over for inspection!

breaking tonight dramatic news out of cleveland, ohio where an illegal immigrant is accused of a horrifying crime spree. the cleveland sheriff's department says they stopped juan ramirez on july 7 and when they called immigration officials word came back to let him go. what happened next is adding new fire to the debate over illegal immigration in the country. >> reporter: his 14-year-old niece called police claiming he tried to rape her at a park. when police and park rangers began searching for him they got a call about a shooting a 40-year-old woman riding bikes shot and wounded in the arm. police then used reverse 911 to warn residents to stay inside their homes. that is when detectives were flagged down by a man claiming he found his wife dead,

60-year-old lady had been shot multiple times inside her home. not long after that a father called 911 to report that a man was in his backyard pointing a rifle at his son. when deputies showed up he fired on them. they returned fire but he hid behind a rock later giving up. two weeks before the murder deputies spotted a suspicious car and approached the driver. he admitted to not having a driver's license. deputies contacted the border patrol who advised him not to detain him apparently because he wasn't a violent felon. customs and border protection won't comment until they look into the facts of the case. during his bail hearing he told the judge he didn't have a driver's license green card or birth certificate. his fingerprint was not in the database. listen to the baffled judge. >> somebody that we don't know who he is why he is here in the

country and why he allegedly committed a murder. >> he has a preliminary hearing next week and could be looking at life in prison. >> author of "adios, america." i realize one case doesn't -- here we go again. you can feel the judge's outrage. he is sick and tired of the cases as are the american people. >> we are finally hearing about more of them. this has been going on all the time. the last few days i have been tweeting stories. another murder, another child rape. wouldn't it be great if we had a wall on the border. he didn't apparently have enough of a record. he would be on his way to a path to legalization if the house it taken up rubio's bill. >> nonviolent apparently past

not detained because there was no history. this is the obama department's priorities that they have set. they only go after the so-called violent illegal immigrants. how do you determine who is about to be a violent criminal? >> there is more violent behavior among those who are not here undocumented than those that are undocumented. >> that's not true. you have no idea. that's ridiculous. >> it is absolutely true. much more violence among white, black, hispanic. >> that is absolutely false. they compare it to convicted americans. i looked up the study. >> let me ask you this. high profile case after high profile case although the media chooses not to highlight this. we are going to cover the lion

later. that gets a lot of coverage. this one not so much. to the extent it does does it undermine the argument we are hearing from people who support sanctuary cities and people who want to allow a path to citizenship. >> they are emotionally devastating stories to the families. they are horrific tragedies. policy should not be made based on stories used to make a political point which is what is being done here by those wanting to run for president. policy should not be made based on individual yet horrific tragic events. >> one thing that is all we do all the time. we had to listen for a year about a rape that never happened by the duke lacrosse team. still talking. the uva gang rapes that never happen. we have the hands up don't shoot that never happened. now we have a real war on women

because all these peasant cultures are being dumped on the country to give democrats more votes. >> what do you mean peasant cultures. >> this is a government policy. who comes into the country whether we have a fence. american people have been demanding a fence. congress has passed three bills. republican after republican keeps thinking i'm going to be the one to get -- >> prosecution priorities which has been a big deal on the obama administration. we are only going after really violent felons cht this guy wasn't a violent felon until he was. >> you can't know in advance. >> only want to let in people who won't become felons. >> we are not letting them in. they are coming in and this is nonsense. far more crime --

>> count the ones -- >> can anybody think that -- >> thank you. more media outlets jumped on very old allegations from donald trump's divorce. we will look behind the media coverage of the gop front runner and speak with the man who literally wrote the book on trump. plus the benghazi terror attack getting the hollywood treatment. how this movie could affect hillary clinton's campaign for the white house. >> the u.s. ambassador at risk. the ambassador is in his safe haven. you are not the first responders. you are the last t. you will wait. >> none of you have to go. we are the only help they have. ar you pay your auto insurance premium every month on the dot. you're like the poster child for paying on time. and then one day you tap the bumper of a station wagon. no big deal... until your insurance company jacks up your rates.

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presidential candidate hillary clinton will testify before the committee investigating the benghazi terror attack and the date is october 22. that news comes as we are seeing the release of a dramatic new movie trailer. "13 hours, the secret soldiers of benghazi" will be out in january just in time for the first primaries and caucuses. here is a sneak peek. >> we need immediate assistance. we are overrun. >> under attack. >> let's go! we got to move! >> you have u.s. ambassador at risk. the ambassador is in his safe haven. you are the last resort. you will wait. >> none of you have to go.

we are the only help they have. >> you're not giving orders anymore. you are in my world now. >> dana perino, cohost of the five and former white house press secretary for president george w. bush. it is dramatic and it's going to come out at what she may consider an inconvenient time. will it have any impact? >> it is possible. this is just the trailer.

it is like judging a meal by looking at the menu. we don't know. we know the left and the liberals are so concerned about this movie that they have put resources behind trying to tear it down. most important thing in my opinion, your opinion is the movie does justice to the victims. this is a true story, a dramatic event in american history. i think it will showcase that there are people who think that hillary clinton is untrust worthy and secretive and will do anything to try to help herself politically. what i mean by that is remember that the obama administration we still don't know who pushed the video but it was clear that it came from the left and that hillary clinton and barack obama repeat this lie. they have the video maker arrested. >> directly to the victims' families. >> their instincts were to not protect somebody's first amendment rights. >> it is different when you -- i

realize that some people say benghazi is for conspiracy there theorists and you see something like this and it says it is a true story. they say you are not in charge here anymore and they want to save their comrades. it can change things. >> this movie is being directed by michael bay very accomplished. it would be hard to get this movie done in hollywood if you weren't somebody who had clout to bring it to the theater. it also is a story of courage, of these american service workers who were from various different branches. he says you are the last resort. they decided to stay and try to fight. that book 13 hours, is extremely successful. >> look how they went after "american sniper." it's going to happen here again. it is different when it is

movies acceptable by people on the far left. this thing will be diminished and dismissed. >> remember when the movie "w" came out and the left was like this is going to be total exactly how it was. that wasn't based on a book. it was like a comedy. >> they loved it. the thing is we don't know what this movie could turn out to be. it could make hillary clinton look very good. it might not mention her at all. the left is so concerned that they are already going for it. i think the critics will trash it. michael bay did the transformer theory which the critics didn't like. they will probably judge this movie before it is out. >> it depends if she looks good or bad. that will be the bottom line. >> can i say one thing about the hearing? very important there is no time limit to the hearing. so there will be no interruption from the members bothering her and in her best interest not to filibuster. if she wants to get up and out of that chair she will have to

answer questions. the hearing is october 22nd. i think that is more important than this movie. >> that is the interview i want to do with her no time limit. a week if that is what it takes. so far no luck. malaysia airlines just released a new statement on the discovery of a plane part that could be connected to flight 370. the airplane disappeared more than a year ago and will have the statement in a mnlt. new attacks on donald trump and his kids. up next a closer look at what is behind the latest media coverage. and world wide coverage over the death of a famous and beloved lion in africa raising legal questions for the hunter and other questions for the rest of us. >> preserves are

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eight days to go until the fox news gop presidential debate in ohio. despite a wide field the media is reaching new heights in the apparent obsession with one man in particular. donald trump has become a magnet for cameras including a controversial report this week dredging up allegations of spousal rape from trump's divorce more than three decades ago. cnn used that to suggest that the r word is haunting the gop not just the donald. "rolling stone" took things a step further tying the trump story to bill cosby and suggesting we now have a chance to talk about what exactly makes men rape. and the attacks have not stopped there. the media pile on we have been seeing. harry hurt is author of "lost

tycoon, the many lives of donald trump." it is your book, an unauthorized biography upon which the daily beast report is based in which you obtained the sworn deposition testimony in which ivana claimed he forced himself upon her and then softened it before the book went to print. let me ask you you wrote this book almost 25 plus years ago. do you think that the allegations made there which now ivana has denied are relevant in this presidential campaign? >> i do. i think she made those allegations sworn testimony under oath which she said since is not sworn testimony and how are they relevant? they are relevant because i think this gentleman has a very unstable personality. i would not like to have his hands on the nuclear football so to speak. >> you don't like him.

he doesn't like you. >> i don't dislike him personally although if i had a daughter i wouldn't want him to marry her. i would put it that way. >> let me challenge you on that. as i said on the air i don't know what happened in the marriage. i take your point that initial testimony was under oath and as a lawyer that is what you go with. however, people say really bad things about each other in divorce proceedings and custody proceedings. it happens all the time that they later live to regret. maybe they exaggerate so they get a better settlement. they say things that are not true even under oath. i can say this if you take the context in which that happened donald as we know is very obsessed with his hair. he was having plastic surgery or had plastic surgery -- >> he denied that.

>> i know he denied that. he had a plastic surgery performed by her surgeon according to the deposition he came in and started pulling her hair at the corresponding place where he had this operation. and then let's not use the r word had forcible sex after which she ran out of the room, went into her bedroom and locked the door behind her. the next morning they got up and he comes over and goes did it hurt? >> she has said the story is without merit. and she said he would make a great president. >> is she saying i perjured myself under oath? >> that remains to be answered. >> thank you for being here. joining me with more president of the media research center. i understand that ivana has denied this. it is tough to say and i understand there are questions

about what people say in depositions. it is tough to say that if in fact, one spouse makes a rape allegation against another under oath and that second party wants to be the president we should ignore it entirely. am i right? >> yeah. except that there is such a raging hypocrisy and a double standard going on. where is the coverage and the media who think that this is suddenly so important and the big difference is that you had an accusation against bill clinton affirmed and now an accusation denied by the alleged victim. start covering juanita brodrick. >> that is the double standard. when it comes up about bill clinton we are told move on. >> white water move on.

monica lewinski move on. now look at the republicans. george bush and the national guard that story was 30 years old. mitt romney and his haircut, 50 years old. and now this which is more than 25 years old. >> and now some are using this opening the door to discussion about rape and republicans. really? >> which is disgusting. putting him along side bill cosby is heinous. it is absolutely heinous to make that accusation. >> i think it will back fire. >> by the way, i'm not here has a trump spokesman on this. this is unfair and this is what is going to happen. it happened in 2012. it will happen with every single conservative who comes to the lead in this campaign. >> when the voters feel that a man has been targeted or a woman for that matter as we saw with sarah palin they will rally behind that person.

just a programming note mr. trump will be on the program on monday and we will talk about these things and how he is dealing with them. good to see you. >> may i quickly? this is why the networks all have a trust record of under 10% right now. >> good to see you, sir. it's been called one of the grartest mysteries in aviation history. tonight we have breaking news on flight 370 and growing outrage over the death of a beloved lion in i sure had a lot on my mind when i got out of the hospital after a dvt blood clot. what about my family? my li'l buddy? and what if this happened again? i was given warfarin in the hospital but i wondered if this was the right treatment for me. then my doctor told me about eliquis. eliquis treats dvt and pe blood clots and reduces the risk of them happening again. not only does eliquis treat dvt and

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it's what you do. (buzz!) if you want to save fifteen percent or more on car insurance you switch to geico. it's what you do. world wide outrage over the death of cecil the lion killed at the hands of an american dentist. an emotional jimmy kimmel last night summed up the case and the global anger about it. >> it was a dentist from minnesota who paid $50,000 to shoot the lion according to the news he hired a company, he flew to zimbabwe. two locals took him to the national park. they tied a dead animal to lure the animal out of the park because it is illegal to shoot the animal in the park. they put a spot light and then the dentist shot cecil with a bow and arrow so they tracked

him, shot him with a gun, skinned him and took the head and left the body there. >> and criminal defense attorney and dana lash is the host of dana. welcome to you both. moments after he said that in an extraordinary moment jimmy kimmel nearly broke down offering folks a way to help prevent this kind of thing in the future. >> if you want to do something, if you want to make this into a positive -- sorry. >> and you can donate to that group. let me start with the legalities on it with you. did the dentist commit a crime? did the poachers in zimbabwe? >> they all did. they lured the helpless animal out of the national park against law and now the poachers have been arrested. they did bond out. the police chief is looking for the dentist. they believe he knew all about

the laws and he violated them. the dentist is saying i didn't know. i relied upon these local professional guys and many people think he is lying. pun intended. >> is it legal? would it be legal to kill a creature like this the way they did? >> well, they are alleging that you cannot do it outside. it's extremely disturbing. apparently the crime was luring him out of the park. you certainly couldn't do it there. it's unlawful. >> he's gotten in trouble before for killing a black bear and reportedly was placed on probation years earlier for doing that. believe this was legal. before i move on to dana he is receiving death threats. totally inappropriate. people are very angry. can they be charged? his address was tweeted out. >> which is not a crime.

maybe she is doing that for the purpose of here is where he lives, go to the public sidewalk and protest him. you cross the line when you put somebody's address or say let's commit a crime let's skin him the way he did it to the lion. let's harm him the way he did it. now you are encouraging people to commit offenses. >> dana you had a different take on this. you are a hunter and a gun owner and you saw outrage and yet you were wondering where the outrage was on another big story. >> right. you are absolutely right. nobody dislikes an irresponsible poacher or hunter more than a law abiding hunter. nobody dislikes those people more. this guy has been convicted of poaching before. that being said, where was jimmy kimmel where robert had a lion killed and mounted for his birthday celebration in march.

he ate a baby elephant. he ate dumb bow at his birthday celebration. these people are waking up the past couple of days acting like this is the first time this has ever happened. he was called by zimbabwe's conservation task force the biggest poacher and everybody realizing this is a problem and more outrage than there are over babies murdered in the planned parenthood thing. people don't pay attention. this case got so much attention it may have seeped into the consciousness more than other items. it has been interesting. you make the juxtaposition between the aborted fetuses and the planned parenthood story and this. why do you think that is? do you think we have become immune to what is happening with abortions in the country or do you think there is a point made

that a life that is here -- i realize it is a lion, a life here is somehow embraced and the loss of it is felt more than a life that is just forming inside of its mother? i'm trying to understand the difference. >> i think it is easier to mourn over a lion that has been killed than over a baby that has been killed. i think that is how far we are from our humanity. a lot of people trying to assign value based on scarcity. i want to point out that game hunters who go out there and regulate hunts those conservation efforts help out the animals helping the habitat and the numbers. this guy wasn't doing it. i wish there was as much outrage over the planned parenthood stuff as there is over this. >> it is crazy that they found he had a tracking caller because he was studied and they tried to destroy it. jimmy kimmel said widecru.org if

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break breaking tonight malaysia airlines releasing a statement on the discovery of a plane part saying it's premature to speculate it could be related to flight 370. however, they added to that which i'll get to in a moment. today searchers found what appeared to be a section of the wing found on a small island in the indian ocean. we don't know if it's connected

to this plane. the discovery led to questions about a possible link to missing malaysian airline 370. that search has focused thousands of miles west of madagascar where it was found. they find it over here and the plane is believed to have gone way the heck over here someplace in the southern indian ocean. near australia. and now they're talking about, this is malaysia airlines they say however if this wreckage is the plane's, it would be consistent with other analysis and modeling that the resting place of the aircraft is in the southern indian ocean. what do you make of it? >> it's a nice piece. and as crashes go. it's a nice piece. it's totally intact. it looks like it was a clean break. and you know once we get to the folks at boeing, they'll be able to identify it fairly quickly that it was part of mh 370. >> if it was. how many airplane wings are floating around in the indian ocean? they must know how many planes went down and are unaccounted for. >> fortunately there's not that many. that's a good thing. these aircraft parts there's a

variety of serial numbers on them. as soon as they get the piece they'll match up the serial number. they'll be able to find out exactly where this plane came from. >> there is no doubt in your mind. how significant it is that they did come out today, a u.s. official and say air safety investigators have a high degree of confidence that it is from the boeing 77 model which is the same model as the plane. >> the photos were pretty clear. they could tell fairly rapidly this was a boeing product. the guys at boeing obviously know their own product. they just want to confirm it. they want to get their hands on it. they obviously are just referring to the photo. once they get their hands on it i think they'll make the final confirmation. >> they're saying the barnacles on the wing look like something that may have been under the water for about 500 days. that flight has been gone for 508 days. how long does this process take? how long before we get official word? >> i would assume as soon as the boeing guys get it they will be able to do it within a couple hours.

they'll probably wait a little while to make sure the malaysians are okay with the announcement. but once the boeing guys get it on their hands, it will be done. >> quickly, because i'm up against a break. then will they continue searching? this will help them narrow the search or no? >> you would hope it would help them narrow the search, back track and look on charts and currents and winds and maybe give them a little better idea. we'll see. >> we can only hope. scott, thank you. we'll be right back. (vo) me? i don't just wait for a moment. i watch for the perfect moment. the one nobody else sees.

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tune in tomorrow night or set your dvr now. we have kill immediate, charles krauthammer, enjoy. let me know what you think of tonight's show. thanks for watching. i'm megyn kelly. this is the kelly file. tonight -- >> i think i will get the nomination. i think. >> donald trump continues to dominate the headlines and polls in the 2016 gop presidential race. >> look, people are tired of these politicians. >> former governor of texas rick perry is here tonight with reaction. senate republicans are moving to defund planned parenthood in the aftermath of disturbing undercover videos. >> this bill would insure taxpayer dollars for women's health are spent on women's health. >> our panel tonight will react. >> the decision handed down by the league yesterday is unfathomable. >> and tom brady and the patriots slam the nfl's decision to uphold his suspension. >> i was wrong to put my faith in the league.