chris christie. not together. separately. we should have a wild program on the factor tomorrow. straight ahead, the kelly fils. "the kelly file." breaking tonight. the most controversial man in the presidential race releases what may be the most controversial immigration plan we've seen yet. and tonight, "the kelly file" gets an exclusive interview with the senator who helped create it. a man who just may be one of the harshest critics of the administration's current policy. welcome to the "kelly file." donald trump has been stirring up emotions since the day he announced he was running for president. we finally got an official plan from trump outlining how he will tackle the issues he's been talking about for weeks. and he introduced some of the ideas during an interview which is now raising a lot of

questions. >> the executive order gets resingleded. >> you will rescind that one too? >> we have to make a whole new set of standards. when people come in -- >> you're going on split up families? >> chuck, chuck. no no. keep the families together. >> but you're going to -- >> they have to go. >> what if they have no place to go? >> we will work with them. they have to go. >> we either have a country or we don't have a country. >> how do you do it? >> look at the cost of what we have now. >> the cost doing it. >> let me ask you this. >> how do you do it? >> do you think there's tremendous cost for the illegals in here now? >> of course. >> tremendous. do you think there's tremendous crime because of the illegals? >> there is definitely evidence of that. >> you've seen it all over. we will do it and we will expedite it so people can come back in. >> in just a moment we'll speak

with senator jack sessions who helped mr. trump crack this plan. plus, the constitutional problems the plan could face. let's go live to what more on what trump is actually proposing. all right. what's there? >> part one is to build a wall across the southern border and to force mexico to pay for it by impounding money illegal immigrants send back to their families and by increasing fees on everything from worker visas to border crossing cars. part two of the plan is to defend the laws. meaning everyone in the u.s. illegally must be deported. >> split up families. >> chuck, which un. no, no. we'll keep the families together. >> but they have to go. >> they have to go. to make sure they go, donald trump wants to triple the number of immigration and custom enforcement officers.

he would change the policy of catch and release to catch and deport. trump wants federal funds taken away from sanctuary cities and he wants to end birth right that citizenship guaranteed by the 14th amendment. he said giving automatic citizenship to the children of immigrants is a magnet. >> i don't see that as the big draw to come here. mostly it is the economy and for people to come here who want a better life. we need better border security. we need a method to deal with those who are here illegally now. >> part stle to hire american workers first saying the influx of foreign workers holds down salaries, keeps unemployment high and makes it difficult for the poor and the working class americans including immigrants themselves and their children to earn a middle class wage. the league of latin american

citizens calls it a laundry list of previously rejected ideas. quoting again, at the very least we would have hoped that mr. trump had some original ideas of his own on such an important issue. the federation for american immigration reform has high praise. saying, whatever one might think of donald trump, his outline for immigration reform is a legitimate plan worthive consideration. knicks news says trump's plan would cost more than $100 billion. the trump campaign says the congressional budget office would determine the final cost. >> all right. thank you very much. as we mentioned earlier, he had some help if crafting the plan in a "kelly file" exclusive. senator jeff sessions joins us. ga always good to see you. >> thank you. >> when i think of two people that i know pretty well. you and mr. trump, you couldn't be more different when it comes to the way you go about things.

your personality. tell us why you agree with the content of the plan that you helped to craft. >> basically, it is just a main stream plan to do what politicians have been promising to do for 30 years. and haven't done. these are things like, you have in the jobs by not allowing people here legally to get jobs. you strengthen border enforce many. you stop the visa overstays, of illegal entries into the united states of people who come on visas and overstay. these are things that he talked about in his plan that are bread and butter. basic. and need to be done. if we do them, we'll be surprised how dramatically we can reduce illegalality. and we need to serve the interests of the american peo e people. wages are down.

jobs are down. we have to be concerned about them. and making sure americans can get valuable jobs first. >> so much of what you talk about and what you've outlined is enforcement. things already in place. portions of the law that don't get enforced or they're relaxed. or other proposal that's have been out there. other thing that can't seem to get across the threshold. why do you think it will be any different? donald trump or somebody else pushing these ideas. you know your colleagues and how difficult it will be to get these passed. >> you don't have to pass a lot of laws. some smart legislation would help, no doubt about it. i think if a president is elected to fix the border, the american people will insist that reasonable laws get passed. basically, utilizing existing law, we can make huge differences and reduce this ill

legality. president obama is refusing to enforce basic law that has been on the books sometimes for a decade. >> and before we're out of time, i know one of the biggest attractions to you, the problem that it is going to oversee skilled workers. we have people graduating with the skills here in the u.s. how do you think you can get anything accomplished? with donald trump's help or a different president? >> i think we've already got bipartisan support that would support a plan like trump's to fix this h 1 b program. one thing i blik his plan. it emphasizes how this unlawful flow of immigration is hammering poor people. african-americans, hispanics who are here. and i think he is correct to say we can help them if we do it right. >> i know you have concerns

about sill colon valley, women and mine orts not benefiting out there when this goes out. senator, thank you very much for joining us exclusively. thank you for your time. >> thank you. there are some aspects that seem to be getting a lot of concern. mostly what is known as birth right citizenship. the plan of granting citizenship to anyone in the u.s. that would require changing the constitution. luckily we have a judge, the fox news senior. we have learned in school. not easy to do something like repealing an amendment. >> the 14th amendment in its opening language makes it clear everyone born here is a united states citizen. she was written in the aftermath of the civil war to make sure the former slaves and the native-americans would be recognized as american citizens no, matter what kind of prejudice there might be against them. the courts have consistently without one single case going

the other way said everybody born here becomes a citizen. that means everybody. even if the parents take them away as soon as they're here. even if the mother walks over the border and delivers the baby and leaves. even if they come just because they want to take part of the welfare state. that's the constitution. it can't be changed by presidential order and i'm sure he knows this. and it can't be changed by legislation. it takes two-thirds of each house of congress to adopt the proposed amendment. and then threaten quarters of the states to ratify it. >> in the meantime, you talk about when he was broached about breaking up families, he said we'll keep the families together. we'll throw them all out if some of them are here illegally. >> that would be a nightmare. and here's how long it would take. under supreme court interpretation of the law which can't be changed by congress, every single person that the government wants to deport is entitled to a hearing and an

appeal. the prosecutors who paid for by the government. the defense lawyers are paid for by the government. how long would it take? the most deportations they've done in a year is 250,000. there are between 11 million and 12 million here. there's no way around it without changing the ruling of the supreme court. the konls constitution protects persons, not citizens. if you want to dislodge a person, even a person here illegally, they're entitled tom hearing and they're entitled to the appeal. >> some of the things that he talked about. he could potentially do. rolling back president obama's executive orders that have given people alleged amnesty. >> here's where mr. trump and senator sessions are on very solid ground. no president in modern times has disregarded the immigration laws more than barack obama. he has effectively rewritten them by selectively enforcing

some and selectively not enforcing others. so if for example a president obama nearly enforced the laws as they're written, you would see a very significant change in the degree with which illegal aliens are even welcome in the country without even making these constitutional changes or the due process changes. those are some thing he could actually do. >> there are a lot of things co-do. changing the 14 amendment, and automatic deportations are not among them. >> i feel smarter having been in your presence. >> i feel happier being in your presence. tonight we're learning more about donald trump's plans for takingsis and where he is looking for military guidance. his answer is getting a lot of reaction only the. the ceo of concerned veterans is here with his own advice for trump. plus, the first major national poll reveals some candidates are falling. chris is here on how all of this

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talk to your doctor today for more information on lung cancer. and call now... or visit lungcancerinfo.org for a free patient education kit. donald trump only making headlines but also for his military strategy to defeat isis. he said the key to beating the islamic state is taking their wealth. that he had okayed the ground troops to do that. he also is getting attention to where he is turning for military advice. >> who do you talk to for military advice right now? >> well, i watch the shows. i really see a lot of great, when you watch your show and all of the other shows and you have the generals. and you have certain people. is there somebody, a go-to for you? >> probably --

>> every -- >> i like bolten. i like what him. colonel jacobson's objects is a great guy. >> joining me now. the ceo of concerned veterans for america and a veteran of the afghan and iraq wars. >> thanks for having me. >> when we have people like you on, many of retired colonels and generals, i learn things from them. >> a lot of folks. ichiro mentioned ambassador bowlon. when i watch them, i learn a lot. not to say you don't learn but you wouldn't want a top tier presidential candidate getting all their advice from watching "meet the press." what people love about him. he is straightforward. he said they shouldn't get all of our oil. i get that. if i've got a, if i'm glimpsing

inside the campaign, they're probably assembling some generals to brief about some of these particular nuances. at the end of the day, foreign security is not about tv shows. a complex wave of relationships and i think they'll want him briefed on that. ? even as ambitious and confidence, maybe he didn't think his campaign would blow off and take off like it has. maybe they didn't have those advisers in place that you think about when you're running for president. >> i think that's part of it. they've been surprised by their own success. they just got around to the immigration plan. it is legitimate and lays out steps. i think whether it is veterans issues, now with isis, he's going talk to about it. i'm here in south carolina, columbia, south carolina. my group, concerned vets for america. dealing with rubio and rand.

we were down here with jeb bush and i asked him this question. i asked him where he got his military advice from in. >> certain candidate recently said in an interview over the weekend that he gets his military advice from watching shows. where do you get your military advice from? >> i get my, first of all i get my advice from a really dedicated group of young policy men and women that are serving in the campaign. i'm not going to fall into the tram of having, i watch "meet the press" and get my foreign policy advice from that. i think it needs to be a little more organized than that. >> what have you heard from other candidates? that sounded like a pretty direct swipe. but some of the candidates who have been at this longer do have people helping them. >> governor bush has known he would run for a while. to be fairfax did not name a name. be he's been planning a

campaign. marco rubio has been planning a campaign, ted cruz and others. they have full scale policy teams. donald trump is out here talking about isis. talking about taking oil. i get some of the positions in the visceral and gut reactions, why he takes them. yes, soil critical to the funneling but there are a lot of other military aspects. you can't just deploy americans and circle the oil fields. i get where he's coming from. it is a shame how china and others have exploited the oil assets. he will want to refine that. especially as they get closer and closer to 2016. >> thank you for your service and for being with us. >> our presidential candidate ben carson gave a powerful message this weekend. chris has the rankings and

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can tell the psh was on when they took to the often critical iowa state fair just this weekend. >> i don't think i would make mistakes. every time someone says i made a mistake, they do the polls and my numbers go up. so i guess i haven't made any mistakes. >> we have to stop listening to these people who say we cannot talk about our faith and god. it is on our pledge and our money but we're not supposed to talk about it. in medicine we call it schizophrenia. >> there is no excuse, planned parenthood must be defunded. anyone who buys the democrat argument this is about women's health. you need to look at all the other facility that's provide women's health services. >> hillary clinton and barack obama have failed this country. they are leading from behind. if you give me the chance, i will not be intimidated just like i wasn't intimidated here or anywhere else.

>> chris is the fox digital politics editor. it is always fun to watch them at the iowa fair, see what they're doing. they don't always dress like everybody else at the fair but they're trying to get their message out there. there were hecklers. who should be the most worried based on the new poll we have? >> i mean, the republic, anyone individual person. it is crazy, fun, the point is, what you're seeing right now is the republican party is awakening and the debate in cleveland helped them awaken to the fact they have a pannoply of choices. now they're going through and sounding them out. they didn't know ben carson much. they saw him in the debate. tens of people poured in. they said as he nice guy. he seems thoughtful and sincere and bright. some people liked him.

they aren't heard of carly fiorina. this person, she never held office before. a self-made woman. i like this. so this is what is naturally supposed to happen. and it is just getting started a little later than usual this year. >> these numbers show people think, they think carly fiorina won the debate. she was not even in the 9:00 p.m. she did win it. she was head and shoulders above the pack. she got, she had a good sound bite. it got played in the later debate. compared to the people in the later debate, she seem like a poise, a grasp of the facts and i think people would have wanted to see her there. >> i think ted cruz who has done well in the polls. sort of playing a softer, gentler version of trump? >> he is trumpian. he is drafting off donald trump.

and that energy. ted cruz is remarkable in this way. he has spent a lot of the last 20 years in government and politics but no one identifies him as a politician. his work in washington burns everything down. he is benefitting from this. he has, he started sooner. if you'll recall, he had the first announcement. he has hustled longer. he has been out there trying, trying, trying. and it has put him in a position where like a lot of people in the field. his assumption is that as things shake out. he will be the beneficiary and he has good argument to make to that end. >> i consider you the encyclopedia. you know on all things political or bacon related, and i have to ask you. have you ever seen anything like we're seeing with this trump candidacy before? >> well, we've seen inklings in

the past. what is different than anything before. and he jeb bush are alike in this way. everybody knows who he is. people have had big booms because people didn't know about him and there was a surge in popularity. everybody knew him when he came in. he had enormous name identification. he has a hard feeling on his vote share. we'll see if he can grow it beyond that. because as he celebrity, always great to see you. chris stir walt. president obama goes golfing with bill clinton. does that signal anything? dana perino weighs in. plus new outrage over a group of pastors. my constipation and belly pain feel like a raging storm. i've tried laxatives,

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breaking tonight, new questions that hillary clinton's deleted e-mails. following a report from paibs the company in charge of her service says it is highly likely a full back-up of the server was made somewhere. if true, it could mean her so-called deleted e-mails still exist somewhere. late tonight, "the kelly file" reached out to the company for comment the spokesman said he does not have any knowledge of a back-up server. this comes as we learn that the number of e-mails is much larger than previously reported. from washington. >> reporter: state department officials revealed they've flagged 305 of hillary clinton's e-mails that may contain classified data. the court papers say this new number is based on state department officials looking at 20% of they are 30,000 official e-mails show the could be far

more found when they go through the rest. all of this despite her claim that there was absolutely no classified information on her server. as the candidate over the weekend tried to laugh off the fbi investigation, while a leading famous investigative report here helped uncover watergate be is saying he sees some disturbing parallels between hillary clinton and richard nixon. >> by the way, you may have seen that i recently launched a snap chat account. i love it! i love it! those messages disappear all by themselves. >> if you look at nixon in the history of this on the times, he would say, oh, yeah, everything was fine. it looked good. he didn't remember the bad stuff. and that's human nature. we don't remember the bad stuff. and 60,000 e-mails, my god. >> clinton continues on push the

latest version of her defense which is that there were no classified markings on the e-mails. the statement has not confirmed any of it was classified at the time it was sent or received. clinton repeatedly tried to portray all of this as political attacks by republicans over benghazi. the chairman of the house select committee fired back that clinton is citing right wing conspiracies that do not exist. and she is lashing out because her poll numbers are dropping. a new fox poll shows bernie sanders continuing to lead. he has climbed another 8 points to 30%. >> thank you very much. dana perino, a former white house secretary under george w. bush. she is also author of a new

book. >> we're going to talk about something else. let's talk about hillary clinton. the jokes about the snap chat and the stuff disappearing. that says something i as an attorney would counsel a client to do. >> you would say don't even say something like that. that joke was written. that joke was practiced. that joke went through 25 people. they probably poll test that had joke. it is preposterous. i think you should be a little more carroll. i remember in march when she did a press conference saying no classified e-mails were ever on my server. i thought, don't speak in absolutes. anybody else who had done one of the things one time that she's talking. about i was privileged to have a top secret clearance. i would have been fired. he would have lost my career and my reputation. i agreed to defend and uphold my classification even if they

think it was silly because you read it on the new york times website earlier in the day. i wouldn't joke about it. if i was going to joke about it. >> we'll give you a chance. okay. so as spokesperson, that is not something you would counsel her to do. what do you make of this weekend, president obama and the former president bill clinton out golfing. you know when they go out, the people can get pictures. >> the let's be clear. the white house only releases photographs of the events that they want people to see. if you take a look at that picture, the aw shucks look. what i first thought of was this picture, this invitation to play golf with obama was meant to send a message to one particular

person. hardest hit in that photograph, joe biden. this is like taking a golf club to his political aspirations. i will tell you this. see that poll that henry talked about? why would bernie sanders not want to attack her where she is most vulnerable on trust worthiness? there are three federal investigations. she is most vulnerable on that point. is he afraid to attack her only point? is his campaign real? does he really want to knock her out? let's see if he does it. i think one of the reasons joe biden is thinking of rurng, he knows the federal investigators are not joking around. i think he could step in. >> i've seen him make some comments. i'm not going after her. >> look at the crowds.

he'll never get the numbers. he can get a bump in the polls as people think, will she really be able. i understand it is to outlast. that worked 30 years ago. i don't think it will work this time around. she can still get away with it. but she becomes chief executive officer of bureaucracy, you can bet she'll make sure all of them follow law under like she did. >> and until proven guilty. in the meantime, joe biden might call. >> she call me. >> maybe he'll come on the five. >> i would love that. can you imagine if he was on the five? >> it would be so great. that might even beat the ratings of the debate. >> i don't know. stay tuned, everyone. dana will have some jokes.

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stand or staying true to america's destiny. and now it has a petition with 10,000 signatures demanding the smithsonian's portrait gallery take down the bust of margaret sanger. the petition is to make sure everyone knows exactly who she was. sanger who died in 1966 was best known for popularizing the birth control term. and later founding planned parenthood. the call to remove her likeness comes after the release of multiple undercover videos showing planned parenthood officials casually explaining the process of harvesting fetal tissue from aborted babies. the real controversy isn't sanger's connection to planned parenthood as much as her writings about eugenics which aims to improve the human race by the mandatory sterilization of those she deemed unfit to reproduce including blacks, latin, and jewish people. in its letter to the national portrait gallery, it is written, ironically sanger's bust is

featured in the npg's struggle for justice exhibit alongside two of america's most celebrated and authentic champions of equal rights. dr. martin luther king jr. and rosa parks. if sang her her way, mlk and rosa parks would not have been born. margaret sappinger is included in the collection, not in tribute to all of her beliefs. many of which are now controversial. but because of her leading role in developing modern methods of birth control and in founding planned parenthood of america. >> all right. thank you very much. joining us now, the founder of ministers taking a stand. the group behind this call for the smithsonian to remove the sculpture of margaret sanger. you laid out a very detailed letter to the folks at the smithsonian talking about the perception and the facts

surrounding margaret sanger, where she came from. you outlined very detailed information. you said maybe you're not aware of it. the schmitt said they are aware and the statue is not going away. >> well, they're aware and they're dishonest and disrespectful. because their answer suggests, we're going to honor her in spite of the fact these facts are true. and we said that's like saying we're going on honor adolf hitler because he had a role in population control. her motivations were getting rid of people that she considered to be unfit. those people happened to be primarily black and other minorities and of course that included white kids who were poor, came from poor back grounds in her view. that's nobody who should be honored. certainly not in a struggle for justice. put her in a hall of shame but please don't honor her as some sort of icon in the struggle for

justice. >> you mentioned, she is part of that specific exhibit. and i understand not far from martin luther king jr. and rosa parks. >> and the reality is, these people were fighting for equal rights for everyone. they were fighting to lift the chains of racism from all of us. black, white, brown, to bring us together. margaret sanger was an elitist who thought certain people weren't fit to live. that's a monstrous idea. we think that as americans find out, they'll demand with us that that bust, whatever exhibit they have that honors margaret sanger be taken out or be place in the its proper context. that would be since she spoke for the ku klux klan, put her in an exhibit with her compatriots. that would be a proper place for her with the destruction of black lives.

>> the smithsonian went on to say, it was not to honor her in an unqualified way but rather to stimulates americans to consider the civil and social divisions of america. is that a proper classification of her? >> well, the fact that her motivations were wrong. they're saying, well, it doesn't matter what her motives. were all that matters what she accomplished. if her motives were to get rid of black people? everybody is running around channeling black lives matter in this matters. everybody is concerned about racism and attacks by police on black people. margaret sanger is responsible for the deaths of millions of black people. in fact about 285,000 black babies are aborted every year. and she has used the black civil rights movement and co-opted some of the leaders to support what they are doing and it is the eq ququi equivalent black

genocide. >> thank you very much. we'll see if there'se at the smithsonian. coming up, the can't miss interview for carolyn mosby. what she is saying has police officers calling her up and saying thank you. what she says the public needs to know, just ahead on the "kelly file." >> to the people of baltimore and the demonstrators across america. i heard your call for no justice, no peace. your peace is needed as i work to deliver justice on behalf of this young man. it takes a lot of work... to run this business. but i really love it. i'm on the move all day long... and sometimes, i just don't eat the way i should. so i drink boost® to get the nutrition that i'm missing. boost complete nutritional drink has 26 essential vitamins and minerals, including calcium and vitamin d to support strong bones

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developing tonight. a veteran baltimore prosecutor

blasts states attorney saying she has a role in the violent crime spike in baltimore. controversy has followed moseby since deciding to charge the police officers involved in the death of freddy gray. a former baltimore assistant states attorney, thank you for joining us tonight. >> thank you, shannon. >> why did you decide to go public and write this piece? so that others would -- hear the allegations and what you have to say about this. >> well, i've just been watching the murder rate go up and up and up, and there didn't seem to be any response from the states attorney office. any proposals of how they intended to reduce the violence. >> well, you say that she bears some direct responsibility. you said i can no longer stand idly by and watch states attorney moseby avoid taking responsibility for her role in the increased violence. the numbers are the numbers,

those are facts. those aren't disputable. how do you attribute to her some culpability in this? >> primarily three things. as a prosecutor, she is weak. as a ceo, she is wasteful. and as a lawyer, she, unfortunately, doesn't know the law. and those three things combined with her inexperience has really created an untenable situation. >> i tell us about that. >> you know, in february, her office released a memo that said for all non-violent crimes that the prosecutors are expected and encouraged to offer probation for those people. and miss mosby, she says she knows the reason for the violence is drugs. well, the reason for the violence is drugs and you're telling prosecutors to give away the drug cases, that just didn't

make much sense to me. >> well, what is the mood there in baltimore? she has said she's going to continue to do this job. people aren't going to always agree with your decisions, especially in very controversial tough situations in cases. but what's your take? i know that you've left the department now of your own accord. what's your take on those who are still there and working with her? >> you know, a lot of the prosecutors are very frustrated. they really do want to do a good job. they care so deeply about this city and the victims of crime. but they are being constantly hampered by the front office and by the mosby administration. because the mosby administration is devoting more and more resources to community outreach programs, to publicity, and not enough to the actual prosecution of crime. which is what the prosecutors are most concerned about. >> i know that you've called on them to release certain statistics and information you think the public should have.

what do you hope to get from them? >> well, you know, they had -- when she first came onboard, she brought with her two statisticians that keep track of the types of cases her office prosecutes, if she dismisses the cases, and the sentences that each are given as an overall, for each type of crime. and i hope she is willing to release that information. and to release the information from her predecessor, as well. and from her predecessor's predecessor. so that we can really understand what is happening in her office. and how she is handling these cases. these very important cases. >> well, your op-ed raises a lot of interesting questions. we'll see if you get the information you think the public should also have. thank you. >> i hope so. >> thank you. >> first, coming up on hannity at the top of the hour.

>> deport them all, you cannot do that. to have immigration reform, comprehensive immigration. you're going to deport 11 million? or are you -- >> the first thing i would do. the first thing i would do. >> to bring the army. >> are you going to be in the business of deporting babies? ha.

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of what his kids do, but writing i'm not going to make them believe they're entitled to something just because you tried your best. good-bye! tonight, they've got to stop thinking small. >> glenn beck and i talk about the 2016 republican field and donald trump lays out a detailed plan to combat illegal immigration. >> they have to go. we either have a country or don't have a country. >> one of trump's biggest critics is here tonight to respond. hillary clinton's server scandal now deepens. >> you may have seen that i recently launched a snapchat account. >> and the democratic front runner makes light of the situation. >> i love it. those messages disappear all by themselves. >> "hannity" starts here and now. >>