en people to analyze the ten contenders on the stage, people who know them all very well. thanks for watchg tonight. please remember the spin stops here. we are looking out for you. breaking tonight the 2016 gop presidential field is officially taking shape as fox news announces the final lineup for this thursday night's republican primary debate live from cleveland, ohio. welcome to "the kelly file" i'm megyn kelly. 48 hours from right now we will be together about to start this thing and now we know who is in it. the 17 republicans competing for a spot in this the first republican presidential debate are broken into two groups those who appear at 9:00 p.m. eastern and those participating in a separate debate beginning at 5:00 p.m. here on fox. in the later group the 9:00 p.m. group is the top of the

republican field right now including donald trump who polled at nearly double that of his nearest opponent and former florida governor jeb bush who came in second. not far behind wisconsin governor scott walker. former arkansas governor mike huckabee along with ben carson and texas senator ted cruz tied with his senate colleague. florida republican marco rubio is in it. rand paul at eight. chris christie earning a spot in the top ten along with john kasich who took the tenth place spot at the last minute. rick perry had held it. kasich beat out the former texas governor who now leads the group of seven presidential candidates who will be debating at 5:00 p.m. eastern. governor perry followed by rick santorum louisiana governor

bobby jindal. rounding out the group south carolina senator lindsey graham and former virginia governor jim gilmore. tonight we are joined by two of the men who will be sharing the big group, senator ted cruz and mike huckabee. first we are joined. 48 hours from now those two guys we showed you along with eight others will be facing off with yours truly. they did so in a different kind of forum where before a new hampshire group they went one by one and for a series of five minute intervals spoke in response to a question. your take on what we saw last night and what it telegraphs to us about what we are likely to

see on thursday. >> i thought it was really interesting that the coverage of last night's forum was dominated by donald trump. the big news even not showing up he is the center of attention. the big news yesterday was that in new hampshire he is at 26% which is double his two closest rivals jeb bush and scott walker. he won by not even showing up. but we have an interesting insight into some of the candidates and how they are on their feet. >> it's like the movie "war games." at the end joshua the only winning move was not to play. the take away you tell me reading about what we saw last night was cruz calm cool and collected and jeb bush got hit. he got hit by a lot of people on his performance. was it so bad? >> a really bad moment for jeb bush in my view was when he

stumbled over the question involving the name bush. you would think by this time he would be expecting and have that down. >> stand by. let's throw it out to the audience. i want to show the audience what you are talking about. here he is trying to defend the bush family name. >> my dad is probably the most perfect man alive so it is hard for me to be critical of him. i have a t shirt that says i'm the -- my dad is the greatest man alive, if you don't like it i'll take you outside. >> that wasn't a sterling moment. some candidates were road testing their lines. it stuck me as exhibition game. given the performance of some of the candidates they better up their game before the season opener on fox on thursday night. >> let me ask you about john kasich. he made it into the tenth spot in a primetime debate on fox. we have a 5:00 debate too.

it's an important spot because the most eye balls are likely to take place at 9 p.m. it's good hour of tv. what can i say? governor kasich was in rare form and brought home the following message. it was here on thursday. listen. >> sometimes our problem is people don't necessarily think we get them. you know thank god that my father carried mail on his back. >> that is part of his appeal as the every man. >> i think he is one of the most interesting candidates recently. this is a guy who is a governor with a very strong record and he's an every man. he came from humble roots. i think we can do well to have our nominee be a governor with executive experience and someone who is not a millionaire or billionaire. that's kind of like the area that scott walker has been trying to carve out for himself

with the cold voters and kasich is trying to contend with him. >> that's exactly right. those with the same message. and then we saw ben carson with a message. he mentioned the word many times and mentioned it again last night. what am i referring to? this is number three. >> a lot of people say the guy who made $10 billion and paid a billion still has 9 billion left. we have to take more of his money. that's called socialism. >> not backing down from a claim he made many times. many find that controversial. he doesn't seem to be worried about it. >> we consider that ben carson is the other major nonpolitician in the race. donald trump has taken up a lot of space that would go to dr. carson. he finished in the top ten given he never run for public office. trump dominated the field that

he has frozen the field. if you are ben carson, paul you need in this debate to create a moment not necessarily a zinger but something that attracts attention because these other candidates have been pushed down to 4% 5% 6% are having trouble breaking through in the summer of trump. >> well speaking of a moment this happened today, not last night, but boy did it receive a lot of attention. watch governor christie. >> i'm a catholic but i have used birth control. and not just the rhythm method. >> keep it rolling. keep it rolling. keep it rolling and let's just take a look at the man who i think captured the nation's attention as the every man. >> i have used birth control and

not just the rhythm method. so my church has a teaching against birth control. >> i ask you whether this is the kind of moment the candidate should be seeking. >> chris christie's campaign theme is telling it like it is. i think he is telling us too much. >> tmi. i didn't need that image in my head. >> he really did well in the candidate forum. he is oversharing, shall we say. >> a little too much. how before we go how big a deal do you think this thursday night debate is? >> to use a donald trump word huge. i have never seen such interest at this relatively early stage of the campaign in a single debate a lot driven by trump.

the headlines will be how did trump do and how did everybody else do. because there are so many candidates you can have a moment where you get a lot of positive attention or as we just saw am i washed up repeating the negative premise of the question you can get negative attention and there are other debates that will follow but this is going to set the tone for who can be seen as a plausible president and who can compete with the donald. >> even president obama came out today and told democrats they need to watch this debate. is it that important? i don't mean to under sell us but do you believe it is that important? >> it is absolutely. it is the start of the campaign. this has been gearing up. we have seen the rise of donald trump and the rest of it. i don't think you will let him get away with gender alitys. he is way ahead of the pack but the political grave yard is filled with bodies of people who stumbled in debates.

>> going out to cleveland tomorrow and having the debate meeting tomorrow and will put bells and whistles on it on thursday and then it is go time. in case you hadn't heard the fox news gop debate is thursday night at 9:00 p.m. eastern time. i will be moderating along with bret baier and chris wallace. and then stay tuned for the real show. "the kelly file" will be live at 11:00 p.m. eastern time with complete analysis. we have them all first big test of the 2016 election season. when the critics were done writing up the report cards on last night they gave very high marks to one man in particular senator ted cruz is that man and he will join us next on his strategy for thursday. plus new fallout after a federal judge demands that hillary clinton come clean on the record under oath over her private e-mail server. governor mike huckabee is here.

he will weigh in on mrs. clinton's ongoing e-mail scandal and his decision to not take part last night. new fallout from the arrest and death of sandra bland. a new lawsuit her family has filed against the police who arrested her but did not kill her means for this case. >> i am still confident in the fact that he knew enough that she would not take herself o ♪ it's a calling. a love affair. a quest. the next horizon. everyone loves the chase.

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were a debate champion at princeton and solicitor general in texas where you argued for a living and were pressed by hard questions from smart judges. you have been at this rodeo before. how confident do you feel going into thursday? >> i think the debate will go well. i think it is a continuation of the debate we have been having for a number of months which is what is the right direction for the republican party? there are a lot of voices in washington that argue every four years that we have to run towards the mushy middle that the way we win is not really standing for much of anything. every time we listen to those voices we lose. i'm convinced 2016 is going to be an election very much like 1980 and that we are going to win by following reagan's painting in bold colors and not

pale pastels. >> did you strike a deal with donald trump? you came to new york and met up with him. >> donald and i have been friendly for a long time before he was a presidential candidate. i expect that we will remain friendly after he is a presidential candidate. and i commend donald for sticking out. >> you didn't answer my question. >> there was no deal. but we have met a number of times and a lot of the republican field, as you know have fallen all over themselves to smack donald with a stick. they really a frightened by what he is saying. not only have i refused to do that but i have commended donald for having the courage to speak out and shine the light on the problem of illegal immigration. >> if you like him so much why don't you get out and let him run? >> illegal immigration is something i have been leading the fight on for a long, long

time. in the senate when the gang of eight amnesty bill was brought forward i was proud to help lead the fight. jeff sessions and i stood side by side to stop it. when you are dealing with the crimes that come from illegal immigrants i have been dealing with that and fighting against that for over a decade and so i welcome any effort to shine light on the problem of the obama administration. >> one of the reasons you didn't go to new hampshire last night is because you wanted to be at the senate for a vote to defund planned parenthood. it didn't succeed. the point is elizabeth warren, democrat, took to the floor and went after the republicans who are pushing it. here is what she said in part. sgllt i come to the senate floor to ask my republican colleagues a question. do you have any idea what year it is? did you fall down hit your head

and think you woke up in the 1890s? should we call for a doctor? >> saying what kind of crazy people would want to defund women's health care. >> that video illustrates just how radical and extreme today's modern democratic party is whether elizabeth warren or barack obama or hillary clinton. everyone of them embraces radical unlimited abortion on demand and partial birth abortion no parental notifications. in the wake of the planned parenthood videos they are horrifying. they show planned parenthood officials laughing sipping chardonnay and with no compassion no heart, bartering and selling the body parts of unborn children. these are felonies. these are felonies that carry with them long criminal sentences. if we had fair and impartial law enforcement at the department of

justice we should open an investigation and prosecute these planned parenthood officials. we should prosecute planned parenthood and it really is striking that the democrats are willing to embrace your and my taxpayer funds going to fund this organization an ongoing criminal enterprise. >> they say it is the largest health care provider for women for birth control, cancer screening. we are having that debate later. i wanted to get your reaction. you look fine. we'll find out for sure. it is over between us senator. it will be continued in 48 hours. i will see you in cleveland. >> very good. thank you, megyn. >> all the best to you. we reached out to the hillary clinton pamcampaign after a federal judge demanded her come clean on the record. ed henry has the response.

plus governor mike huckabee joins us in a moment with thoughts on this e-mail scandal and he is here right after this break on the very latest. and then a dramatic development in the case of a campus cop who shot and killed a man during what appeared to be a routine traffic stop. see why the police union is arguing for this officer who has been charged criminally with murder to get a job back.

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for comment on this serious order from u.s. district judge declaring under the penalty of perjury hillary clinton and top aides must turn over all records and describe their use of private e-mail server to conduct official business. breaking news bernie sanders is a virtual tie with clint in new hampshire. 36% to 32%. the margin of error is 5.9 points. the former secretary of state is now basically tied with the socialist democrat. she is losing support among white women, as well according to the "wall street journal" poll. 34% say they have a favorable view of the woman running to be the first female president. she is rushing the deal with this enthusiasm problem. very telling with tv ads talk about her mom as she is doing this outreach to female voters.

joe biden only at 5% in this new hampshire poll. he is getting encouragement. >> you have riden with biden. burn bernie burn. >> feel the burn. >> good to see you. joining us now the man who earned himself the number four spot on the stage for the fox news republican debate on thursday governor mike huckabee. not a bad showing for you going into thursday night. iate want to speak with you about hillary clinton before we get to thursday. you are from arkansas. she's from arkansas sort of and was the first lady there before she was the first lady of our nation. now many are asking about whether the fbi should be in her house wherever she has that private e-mail server and seizing it similar to what they did to general petraeus because now we know it has classified information on it and it is

still unsecure. >> if they don't then they have a lot of apologies to make for thousands of americans who have had their e-mail servers confiscated by federal authorities for things far less important than sharing classified secrets of national security on an open server. let's be clear. hillary clinton was eight years the first lady of the united states. eight years the u.s. senator, four years secretary of state. she can't say i didn't have these kinds of laws in arkansas and so therefore it doesn't matter. she was also a partner in one of the most prestigious law firms in the south all during that time as first lady. she is a lawyer. she knows better y. think the big challenge for her is going to be how does she explain to the american people that she wants to be president so we can all live under the same rule. that is going to be a tough sell for her. >> this judge, judge sullivan who was appointed by her

husband, came out and let her have it because she hasn't produced documents for years that have been demanded under our laws that she was obligated to produce. so he turned to the state department and said as follows, as related to freedom of information act the government is ordered to request that they prove they have produced all that was and is in their possession. he is making them do it under oath. you better tell me that you produced everything. and if you haven't you better certify that. do you think the american public could believe that hillary clinton may have committed a crime or that she would ever tell a nontruth under the penalty of perjury? >> that's what makes this so very significant. this is not just the "new york times" hammering her or somebody from fox news going after her. this is a federal judge who is

threatening the full weight of the law if they don't tell the truth. perjury, as you know you are a lawyer it's a serious crime but it is also serious not to follow the law when it comes to keeping federal records and not following the law when it comes to making sure secret and classified information of national security is kept -- comes after her it is serious. >> for less than what she is being accused of but she denies it for now. let me ask you about 48 hours from right now going at it. what's the word for lady in spanish? i should know that. i'll figure that out. >> you and i don't have a good history going after definitions. >> i don't know what you are referring to. >> yes you do. >> how do you prepare between now and then? do you cram for this kind of thing? do you need to? >> you certainly need to prepare

for all things you think you may be asked to refresh your mind with the numbers and figures. i will tell you what i really think works for me and that is to be authentic, know what i believe, to spend some time in prayer spend some time not thinking about the debate. i'm not going to spend all day thursday focused on the materials. i am going to go to the rock and roll hall of fame and keep my mind free and loose. i'm going to go in there to have fun. i'm going to listen to whatever and any questions you and chris and brett throw at me and then i will try to do my best to communicate to the american people and have a good time. i hope that america sees that republicans have a pretty darn good field of candidates to choose from. >> that sounds like a great strategy. go and have fun. as tough as it is going to be and robust back and forth it should be fun for everybody there. it's only the presidency on the line. it should be a good time anyway. great to see you, sir.

>> thank you. see you thursday. >> all the best governor. what do you think? you looking forward to it? are you going to tune in? do as barack obama said and watch fox news. new discoveries in the ongoing search for flight 370 as they turn up what could be the most important lead yet on the way to confirming whether this debris from a jetliner is from mh-370. planned parenthood is tried to defend itself against another embarrassing new video. you heard ted cruz reference it that some critics are calling the worst one yet. and then dana lash and richard fowler weigh in on the controversial admission the white house just made about the videos. >> there is no doubt what is depicted on the videos is shocking. i know that based on news reports. i haven't looked at them. h when you travel, we help you make all kinds of connections. connections you almost miss. and ones you never thought you'd make.

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from the world headquarters of fox news it's "the kelly file" with megyn kelly. >> developing tonight fallout from a brand new under cover video targeting planned parenthood location in texas. like others before it it is extremely graphic even detailing how doctors can get creative with aboergz procedures to get the bodies more in tact. critics argue this is further proof that the organization is profiting off the sale of dead fetuses. planned parenthood denies any wrong doing. shannon breen reports from washington. >> reporter: this is the fifth release showing a woman identified asthma lisza a melissa ferrell posing --

>> so if we alter our process and we are able to obtain in tact fetal cadavers then we can make it part of the budget that any dissections are this and splitting specimens into different shipments all just a matter of line items. >> federal law requires abortion providers to guarantee they will not alter timing methods or procedures for the purposes of obtaining tissue. the video has sparked efforts on capitol hill to take taxpayer dollars away from planned parenthood. that was shot down in the senate last night. >> our obligation our granddaughter s granddaughters republican party

lost its moral compass. >> this is about taxpayer funding of a gruesome procedure, not just any abortion but abortion of fully formed baby where the baby is manipulated and turned around to harvest the organs. >> planned parenthood maintains it has done nothing illegal. the organization's president said in an interview published today says the tactics used to record the under cover videos amount to depravity. >> thank you. the white house has been quick to defend planned parenthood against the videos but just yesterday press secretary josh earnest made an admission that is getting some attention. >> there is nothing in the tapes that bothers you in the white house? >> these videos were released because of their shock value. and there is no doubt that what is depicted on the videos is shocking. i know that based on the news reports i have read i haven't looked at them.

>> the whole video is put on the website of this antiabortion group. you don't have to watch the edited version. you can watch the whole version. >> i am relying on news reports of people who have taken a look and raised questions about the videos themselves. >> dana lash hosts dana and richard fowler. really dana? like his boss he learns about these from the news reports but that didn't stop him from defending the organization in the videos. >> an educated person would perhaps i don't know maybe wait until they have watched the video so they know what they are defending or what they are denying. they are doing this all for plausible deniability and want to act ignorant of the circumstances so they cannot be condemned with planned parenthood when the time comes. the president and so many democrats in washington, d.c. are not going to criticize their gravy train.

planned parenthood has spent so much money to get this president elected and re-elected to the tune of millions of dollars. they don't want to criticize planned parenthood. >> can i tell you some of the earlier videos have raised issues about legalities. this one comes the closest to proving it explicitly. you heard shannon. you are not allowed to alter the abortion procedure in order to gain body parts from the aborted fetus. this woman is on tape saying very clearly they do it in a way they can get the best specimens. i know it can happen and contributes so much to the bottom line of our organization. >> like i said i don't think this lady speaks to the entirety of planned parenthood. i think you negate the fact that 2.7 million women go to planned parenthood for pap smears and cancer screenings. >> and birth control that helps prevent unwanted pregnancy. that is all true.

let's concede that planned parenthood does a lot of good for young women and minority women and low income women in particular. what about this issue? does that wipe out that they may be committing a violation of law? >> i think we have to wait for the courts to figure that out. >> what court is going to do it? the white house and everybody else is saying there is -- the only people who should be investigated are the ones doing the videos. >> there is clear illegality in the videos. planned parenthood may provide to 2.1 million women fragmented health care. they don't do mammograms. they don't offer prenatal. they do not do mammograms. >> i said they do pap smears. >> they do help a lot of -- hold on hold on. >> you are not going to monologue over me richard. >> they help a lot of women who

can't otherwise afford it. >> community health centers around the country do more. it is 21 million. >> that's not true. >> we can debate all day long. can you speak to the illegality? what we see here is the left and the planned parenthood supported lobby saying there is nothing there. as evidence mounts i realize there may be fatigue. what they are saying is very problematic legally. >> you are absolutely right. this is perhaps the most legally damming video of all of them. they are on tape clearly discussing two separate things compensation which they repeat over and over again and talk about how it benefits their bottom line. that is discussing making a profit and then they discuss changing up the procedure which is a felony. once you start the abortion you don't switch the procedure so for the buyer you get an intact

specimen. that is illegal. >> are you not disturbed at all? and the discussion about how they maneuver it to get a full baby out? >> no question that this video is shocking i think if you talk to the president of planned parenthood she said the video is shocking but there is a couple of points that need to be corrected. the hide amendment that taxpayer dollars cannot go to abortions is still in place. that means this is not taxpayer money. and number two, dana don't need to monologue over me. >> i'm returning the favor. >> you're welcome. beyond that i think what planned parenthood does every day is provide alternatives for women for hillary clinton for health care. the far right group that did this video the person on the board is connected to violence

against abortion clinics. the videos are posted online and they leave it up -- they didn't make doctors say this. no question it is shocking. >> they talk about baby crushing. and all we are hearing so far is investigate investigates. three cases involving police under fire. first a college professor accuses a state trooper of racial profiling and then police played the dash cam audio and we have it. plus new fallout from the arrest and death of sandra bland after her family files a big new lawsuit. and then a surprise twist in the case of the university cop charged with murder after a routine traffic stop went very wrong. see why his reunion now wants him reinstated. teaching science can get pretty messy.

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and went to jail and hanged herself in jail. now her family is suing the jail guards and the guy who pulled her over. how do they say he caused her death? >> the guy who pulled her over there has to be foreseeability. there is nothing there. in terms of the guards she did fill out a form where she indicated she tried to kill herself within months before that. at least they can put the paperwork saying it was foreseeable because she put them on notice. >> they were supposed to see she would use the bag in the trash can to hang herself? >> possibly. i agree you don't have a trash bag in there when she claims she is suicidal. suing the officer for her tragic demise let's sue ace hardware after we slam ourselves with a hammer. this next case this one

officer ray tensing is accused of killing same dubose university of cincinnati's campus last week. he pulls him over and then sam dubose starts the car. and then the officer shoots him in the head and sam dies. the officer has been charged with murder and now his police union is coming out and saying he has been fired. they are saying he should get his job back. how can you be charged with murd murder? >> this is one battle not worth picking. his credibility if he were to testify in other cases assuming he is back out on the street god forbid, would be ridiculous. we would destroy him. we know the video doesn't support what he is alleging. >> on the other hand what if this happened to officer wilson in ferguson missouri.

accused of murder and the police union said he deserves due process and they would have been totally right. >> you have to judge it based on the facts that you have. there is a video that shows the facts in michael brown are totally different. if i am this guy in cincinnati i am tackling him begging him not to do this saying let's find the best experts to tell a jury you are in fear of your life and that is why you acted the way you did. forget about your job. staying out of jail for the rest of your life should be at the top of your list. >> i wanted to leave enough time because it is egregious. a college professor was pulled over by a state trooper. she was so ticked off he accused her of illegal lane change. she wrote a letter saying he asked me if i could speak english and if i knew why he stopped me. i said yes i spoke english and

no i don't know why you stopped me. the officer did not give me any reason as to why he stopped me and his asking if i can speak english shows he shows he racially profiled teachme diversity and the negativity of racial profiling. i've become a target of this behavior. she wanted action taken against him. why don't you tell the audio en released by the police of the actual encounter showed. >> it doesn't show what she's alleging. it's pureit fiction. hehe told her exactly why he pulled her over. he never said do you speak english. she lied. to charge her criminally is what should be done. >> she made it off.ed at no point does he ask if she speaks english. >> you better not. >> for both mark and i and the world we live in this is so frustrating. she should be treated like a criminal. any quote/unquote victim who is caught red-handed like this lying, filing a false instrument it happens all the

time in domestic violence cases. he is outside the door right now coming to get me. and he's got tickets and he is in hawaii. >> a reminder that allegations are just allegations. good to see you both. >> glufnlgt. >> up next >>. >> up next, the latest on flight 370. ♪ for the best first impression. love loud. live loud. polident. number 1 dentist recommended. ♪ ♪ fresher dentures with polident. for those breathless moments. hug loud. live loud. polident. number 1 dentist recommended.

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experts in toulouse, france starting to analyze the boeing 777 flaperon that was found last week on reunion island. the seven-foot section of the trailing edge of the wing is almost certainly from mh 370 because it is the only 777 to ever crash into the ocean. so the investigation will focus on more than just identifying the piece. experts will also be using state-of-the-art forensic technology that could show whether the plane crashed in the sea or broke up in flight. in other words, did it fall off? was the piece ripped off? what they won't be able to find is why the jumbo jet veeredff course and disappeared from radar. it's unclear how long their analysis will take. oceanographers are analyzing models showing the trade winds and ocean currents over the past 16 months in the indian ocean with the hope of being able to retrace how far the debris drifted and possibly get a better idea of where the jet went down. experts warn that it's a very difficult thing to pinpoint. for now, search teams have a

high degree of confidence that the area they have been searching for several months is still the impact zone. megyn? >> trace, thank you. we'll be right back. don't go away. ♪ we all feel the calling to build something great. ♪ ♪ how's it progressing with the prisoner? he'll tell us everything he knows very shortly, sir. as you were... where were we? 13 serving 14! service! if your boss stops by, you act like you're working.

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you. we've got charles krauthammer, dana perino, ann coulter many more. go to foxnews.com/thekellyfile. let me know what you would like to hear asked. see you tomorrow. tonight. >> i am who i am. >> donald trump continues to dominate in the polls. >> i've never debated before i'm not a debater. i get things done. >> how will he do in thursday's republican debate? >> when mexico sends its people they're not sending their best. >> trump has made immigration a key issue. >> they're bringing drugs, they're bringing crime. >> will it carry over to the debate stage? >> go trump, go! >> ann coulter tonight weighs in. >> one word phrase to describe ted cruz. >> conservative. >> passionate. >> frank luntz is back to share what new hampshire thinks of the presidential candidates. another more disturbing undercover video exposed planned