to the factor. thank you for watching us. miss megyn is next. tonight, two big stories unfolding right now. first, the state department at this very moment. 9:00 p.m. eastern time is releasing after dark some 7,000 new e-mails in the scandal over hillary clinton's use of a special private account. these are supposed to include more than 150 e-mails containing what hillary clinton claimed was not in there. namely classified information. that was also supposed to exist only on the more secure federal networks and now we know she had in it her home if chappaqua. our research teams are in place. they are going through documents. and ed henry is here with what

they found. plus after a texas deputy is gunned down in what appears to be a cold-blooded execution, they take to the airwaves saying don't blame us. >> it is unfortunate that he is using the airwaves to politicize his grievance. >> the sheriff ron hickman today had to speak with the widow of the deputy that was killed. he will join us in moments with a response to this. also new fallout from a big shakeout from the are republican presidential race. welcome to "the kelly file." a new poll from the hawkeye state finds donald trump in a dead heat with dr. ben carson. finding trump and carson are in first place for iowa. the state that will be first to make its presidential preferences known. the two men followed by carly

fiorina, ted cruz, and scott walker who was leading this same poll about a month ago. his numbers have sharply declined. did you notice what they have in common? they are all political outsiders. gentlemen, welcome to you. chris, dr. carson making a denial in trump palooza. he is ahead in every national poll and has been winning in iowa for some time now and what a turn for dr. carson. >> given the fact that i've been told about a bagillion times, it seems surprising that a mild mannered african-american doctor is increasingly the number one preference of this party. so i think the media narrative,

not to poach in howie's turf i think the media narrative is wrong. and i think carson's rise as a patriotic soul. it tells us a lot about the attitude. and it tells us everything. this is a party that represents everything. >> the one narrative is the angry white republican who are behind donald trump. but they are apparently behind ben carson. so the narrative isn't really holding up. the other thing is trump's rise in the polls has been about how they are angry and they want someone who is angry. forget race. their anger is reflect in donald trump. dr. carson he is pretty kind

and gentle. >> he is obviously fed up. when you listen to him, talk to him, when he was doing his work on that the way he talks. he is quite different from his front-runner donald trump. a total study in contrast and they're both it both seems to be working. >> however, dr. carson has said some controversial things. it hasn't been all kind and gentle. the whole thing about prison makes you gay. he has a lot of rhetoric about president obama. he speaks to lenin and all that. a lot of people say that. >> when ben carson make a mistake, he talked about slavery and when he made mistakes when he used that language people

didn't their rest of the answer. so he has fixed that problem which i think threatened to undermine his candidacy early on. >> what has happened in the past two weeks to shoot him to the top of the polls? ben carson did very well after the debate. what has happened in the past week or so to justify this equal footing between carson and trump? >> you have this august entroepy. you have trump who has blown everybody's doors off. all the people who have held off elective office have been dwarfed. people are looking at this anew. and i think it is hard to overstate how well he did in the eyes of voters just meeting him for the first time. there is no republican politician who is more popular, doesn't mean they're all voting for him. no perso popular than the state of california. >> he is in iowa.

he 81% of iowans. a lot of iowans don't like mr. trump but they're still behind him. that's politics. today howie, let me ask you. you say he hasn't come under the scrutiny. has anyone in the republican field, there are so many. how can anybody be subjected to so much scrutiny? >> it is true. there aren't enough reporters on the plan tote cover all these candidates. but i think their carson has gotten mr. gotten a lot less attention. the lack of media scrutiny based on this poll and this attention, i guarantee you, it is going on change soon. >> i have to ask you about scott walker. yikes! down to 7%. he was leading this poll in

july. what happened? >> well he and marco rubio find themselves as they have been all along, guys trying with the establishment. that's a hard place to fly. both for walker and for rubio, the game will be long. so keep your eye on both of them to show up later. >> all right. i'll keep my eye on you two to show up as well. that's a special team for the audience. we mentioned the breaking news. how the black lives matter group is pushing back after taking serious heat following the murder of the texas deputy. then the march the next day that looked like this. we'll show what you that group is now saying about this chance tonight. then we'll speak with sheriff hickman who today had to speak with the widow of the slain officer. plus the state department releasing thousands of hillary's

e-mails. we're pouring through the material right now trying to figure out why we had such a late return. republican presidential candidate carly fiorina fighting hard to get on to the main stage of the next presidential debate. the "kelly file" breaks down her chances of doing it. if she is successful, who is out? >> it's outrageous. by the way, this is a republican primary. you think the rnc would play some leadership role here.

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investigation. trace? >> there is still no precise motive in the shooting death of deputy darren goforth. authorities believe he was attacked because he was wearing his uniform. deputy go forth was putting gas in his car when surveillance video shows a man walked up behind him, put a gun to the back of his head and pulled the trigger. when the deputy fell the man continual to fire until the gun was empty. he then sped away in a truck. a truck matching description was then found in a home a few mile away where 30-year-old shannon miles admitted owning the truck and having a gun. watch. >> get ballistics done on it and they get a match that this is in fact firearm that fired the casing sthat were left at the scene. >> miles wearing a yellow jump suit indicating he is a high security inmate was formally charged with capital murder today. in 2012 after being charged with aggravated assault with a deadly weapon shannon miles was

found mentally incompetent and sent to a facility. the execution of deputy goforth is believed to be related to the ant-police rhetoric. >> this rhetoric has gotten out of control. we've heard black lives matter. all lives matter. cops' lives matter too. why don't we drop the qualifier and say lives matter. >> at the scene of the killing, hugs showed up wearing blue to pay their respects and to leave donations for deputy goforth's family. >> they're here for us. >> they're not here to hurt anybody. they're here to help. we need to show them more appreciation. >> goforth's wife issued a statement that reads in part myself husband was an incredibly intricate blend of toughness and genetic it. he was ethical. the right thing to do was what guided his internal compass.

i admired this quality, perhaps, the most for that was what made darren good. and he was good. they have ordered the flags to fly at half-staff. >> when i sheriff hickman spoke, he said the rhetoric from the black lives matter group is out of control and he blamed the group for what he called a dangerous environment. tonight the members of the black lives matter group are challenging that. >> the uproar over this rhetoric does not match the uproar that we see when a black person is killed every 28 hours by police. we need police reform. otherwise the climb in this country is going to continue to be an us versus them climb. >> let's not forget that the police have killed over seven hunt people this year. only ninth days the police haven't killed someone. the only rhetoric i've heard has been about accountability for police. >> joining me now, sheriff,

thank you for being here and condolences on your loss. we appreciate your time tonight. let me ask you to respond to that message saying you know the rhetoric that they have been issuing in these black lives matter messages is basically, appropriate to the situation that they believe that police are on the hunt for young black men. >> well megyn, i think the rhetoric that they're listening to may not be the same that we listen to. i think when you have a message where pigs in a blanket burn like bacon, you have an issue that can influence people susceptible to that message. >> what is the evidence that it happened in this case? >> well obviously, there is no direct evidence. but an sent any other logical conclusion when there is no direct motive, no connection between officer and the suspect, that never crossed paths. and you're drawing conclusions.

>> in new york city we saw two cops executed in the week of the ferguson situation. and the killer attributed it to the situation with michael brown who we now know was killed while he was attack a police officer. the morning before he killed those cops he tweeted out, pigs in a bland frying like bacon. a reference to dead cops. then we see that happen the day after your deputy gets shot and killed. do you think this argument, that rhetoric is really meaningless and we don't need to worry about it holds water? >> no i don't. i think when you say, inflammatory things that people take to heart. there are people susceptible enough to act on that. and that language should be held accountable. >> what is the status tonight of the family that of the slain officer? >> well obviously, the family is very fragile.

it has been just over 48 hours since this happened. the wife is an extremely strong woman. yet she is facing the life of her husband, her children's hero her best friend, the man that made her laugh. so you can imagine how devastated that entire family is. >> again, our best goes out to her and the beautiful young children. all the best to you guys. >> thank you. >> david clark is a sheriff in milwaukee, wisconsin, a frequent guest on the kelly file and a lawman who has drawn national attention for standing up and defending police in the face of the recent attacks. here is how he retooktd this murder early today. >> i am too pissed off tonight to be diplomat bik what's going on. i'm not going to stick my head in the sand about it. i said last december the war had been declared on police officers led by some high profile people. one coming out of white house, one out of united states department of justice. and it is open season.

no doubt about it. >> joining me now, kevin jackson, conservative radio haloti and author of race pimping. mark let me start with you. on the point that that angry rhetoric creates an environment in the view of the sheriff that endangers cops. >> i'm not sure which angry rhetoric that he was referring to. oblgsly there are protesters using this inuse this language. i'm not going to sit here and defend the content of the messages. but i'll defend to the death the right to say it. >> of course they do. >> of course. and whether it is distasteful to a lot of people in the wake of this horrific tragedy, involving deputy goforth, it is something we can discuss. but look. to blame president obama, to talk about, to try to scapegoat the white house, we have no idea. as your guest just discussed,

what this person's motive was. this was a senseless killing. when we're i go nornlt of the motive, when we're i go nornlt of this why occurred of course we'll point the finger at the most high profile race oriented issue. we have no reason to believe he was affiliated with black lives matter. >> what we do know is that the dnc just approved a resolution endorsing black lives matter. so pigs in a blanket, fry them like bacon. and the dnc comes out with a resolution supporting this group? >> not only that. potential presidential candidate hillary clinton met with them. >> and he has spoken out about it. the fact is anybody that gives these people any credibility in my opinion is sick. the one thing about the black lives matter movement, they haven't talked about the crimes

in black communities. who solves those crimes? diplomats? professors like yourself or police? police go into these neighborhoods, sit with people like the wife of sheriff goforth, the officer who was killed. goforth. and they console people like them in black neighborhoods every single day. every city that you name. and by the way, the statistics that the black lives matter groups are using, every 28 hours a black man is killed by a cop. they don't even talk about the fact that every 28 hours, a potential criminal is killed by a cop. they don't talk about the 700 murders by cops that they kill black people. they don't talk about what the black people were doing when the cops confronted them. >> what about that? why isn't it in the communities, protesting the black on black crime? it is ball police officers. many of whom have also been targeted by criminals. >> the black lives matter community has been speaking out

about all times of violence. every national leader of the movement has spoken out and criticized violence against police officers as well. so i know we're showing that tonight. but that's also -- >> it is tough to take them seriously with the pigs in a bland, fry them like bacon. >> i'm not excusing that. >> where is the leadership to condemn that march? let him finish. >> if it was the teem you would. >> you did something very important when that you had guest on. hickman before. you asked him what his evidence is that there is some relation between political rhetoric and the actual violence against police officers. he had none. to try to make the argument that somehow these things are related is like saying sarah palin is responsibility for the gabby gifford shooting. or right wing radio talk show hosts are responsible for anti-government violence that timothy mcveigh did.

>> do you think it is the same? having an advertisement with a cross hairs, which the dnc did as well. that's the same as channelling that? the same words. the same words that the kill here executed the two new york city cops yelled the morning that he killed them. >> and marvin who ran a craigslist in kentucky saying he wanted people to shoot cops in the head. we know exactly why there's been -- >> where's the evidence? >> an explosion. the evidence is in your eyeballs. you action dellics want to act like you have to study it. you don't to have study it. it is happening today. you know what's so sad about it. they will leave, they'll go to the next place where they are paid and they've leave black neighborhoods squaunldering. >> thank you both for being here. >> now this debate has reached a dangerous new place. where are the large he media? where were the main stream media

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new questions of the black lives matter group. less than 24 hours after a cop is gunned down in houston, texas. and let's not forget this gem from december. you get the picture. dana perino wrote, and the good news is. so it's there a piece that says this is an insult of a movement

to anyone with a pulse. it should be soundly dismissed into irrelevant advance by members of all races. does he have a point? >> i think when he wrote that piece, you could imagine as a columnist, he wrote that in one go. it didn't need any editing. he had had enough. one of the pieces you brought up, the dnc at the big annual meeting wrote a resolution and pass ad resolution endorsing black lives matter. guess what? black lives matter said that was not good enough. and they rejected the resolution which is probably the best thing for the dnc. now they can say you are delegitimized. their grievances are not specific. we're being told by your previous guest, don't listen to the rhetoric. they have a right to protest. we get that. when you start piecing together what are the common threads and what will we do to get ahead of it?

you need all people who work together. law enforcement, the media, in particular leaders in the media. and also there is a social media come possibly that i don't think we fully understand. >> job anybody saying, when the tea party, a couple people came out and said something that was perceived as racist and the democrats went nuts asking for the tea party to be denounced. denouncing the entire group as racist. now this just a couple people who said something in a channel. and the media lets them get away with that. they're afraid of being accused of being racist and being against black lives. >> and during john mccain's presidential campaign, that somebody said something incendiary. and mccain called him out on that. that followed his campaign throughout and that was the media saying white angry people are supporting john mccain. even though he condemned it. the media still tagged him with that. now you see, it is the film side. in a way i think a lot of people

have hoped this movement would fizzle out. it would go away with the summer. it has been sustained since the trayvon martin hearing. >> you're supposed to put on somebody from the black lives matter movement to represent their side of the story. and you treat somebody out there saying pigs in a blanket, fry them like bacon. it's a a serious person whose names we need to consider and ponder and fold into policy why should we be listening to someone who speaks like that? >> that's why they have to be delegitimized. you got dnc to issue a resolution. you rejected it. you don't have a specific agreement. they basically want revolution. they are hurting the very communities that they say they want to help. as police officers if they feel like they need to pull back i'm not saying they would do so consciously. if you are worried about yourself and your family let's say you're a young recruit. you're deciding, do i want to spend my life as an officer.

it is such a noble profession and it hurts the black lives matter. >> we had cornel on the show last week or the week before. an articulate thoughtful person on this issue. i can't see him out there marching with that kind of a sign them need people to stand up within their movement and say, no. sorry but no. and then the media can treat the movement as one. >> and also where's hollywood? it is not just the media. >> stick around another 20 minutes and i'll show you. they're naked. we had some news breaking in the last few minutes on the new round of hillary clinton e-mails. we just got an update on what has been found. wait until you hear this. you might not be shocked by material revelation.

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about why they were on her private e-mail server instead of adequately protected. in this latest dump 150 e-mails contained classified information. hours ago, chief white house correspondent asked the state department whether mrs. clinton violated rules for handling sensitive materials. >> can you say categorically that second clinton followed rules and the law? >> i'm not going to answer the question. it is not our goal not our function in this regard in releasing the e-mails. >> and it is so irritating since there is no good answer. ed we get a 7,000 e-mail dump at 9:00 p.m. what have we found so far? >> i have a broad spectrum for you. i have some serious stuff that goes at the heart of hillary clinton's explanations to the american people not adding up. you have some on the classified nature of the e-mails and then one fun run that you'll like. the first one is in june of 2010 one of hillary clinton's

aides sends an e-mail to hillary. it is marked h-pad as in hillary ipad. it says your ipad has arrived. hillary clinton writes back that is exciting news. do you think you can teach me how to use it on the flight to kiev next week? remember march 10 the united nations news conference she said the whole explanation was she wanted the convenience of one device. her blackberry. this clearly shows she is using an ipad as well. there was more than one device. now the more serious stuff about classified information. you mentioned 150 of them. let me give you a couple quick examples. we found one e-mail that has been deemed classified. the there was a question about whether it should have been classified in real-time. one e-mail about a crisis in haiti. that raises questions in haiti. should not she have known at the time this was at the least, sensitive information if not classified.

then the one i'm looking at now. two or three pages about soonld. and a top u.s. official writes about some tri-lateral meetings with sensitive information about sedan. that's forwarded by jake sullivan, a top aide who writes back i'm bigi'm willing to make the call he suggested. it says page denied. this entire page of information we can't see now. and at the time hillary clinton did not realize that this was classified information. last point, the fun one i told but. sheryl mills, her chief staff sends one out about someone leaving the state department. someone who has left and says there will be champagne and can you please cakes for the stampl hillary clinton writes, is there a back story? even the secretary of state gets into the office intrigue. when you get e-mail someone left the state department someone left fox, is there a back story?

>> you everhave been in washington too long. >> that was neither fun nor funny. >> you've never said, is there a back story? >> thanks. the assistant deputy attorney general and former counsel to dick cheney. so what a shock, she had more than one device. she had the ipad at the time the ipad has e-mail. you can get e-mail on it. so that was not true. now we've got sudan and one just crossed the wire saying she was talking about the american hikers taken into custody by the iranians in 2009. and there is an e-mail to her talking about a teleconference. the point is on and on and on the classified information goes. >> let's talk with the sudanese

e-mail. it was characterizing communications from foreign government officials in sudan about these tri-lateral talks. those sorts of communications are necessarily deemed by the president of the united states by executive order, to be classified. that is they're now marked classified. they were classified when they were written. and everyone in the state department should know that foreign government communications are necessarily classified. the president in his executive order says the disclosure of that information is presumed to harm the national security. and that's the standard for classification. >> that's very important. her whole defense now, it's been is i didn't knowingly have anything here. and the reason is nothing was marked classified while it was in my possession. they may be stamping it

classified now but when i had it no. >> i'll politely call that baloney. this very nature of this communication, which is sensitive communications from a foreign official that is designed to be confidential, has to be, it is born classified. >> a question for you. the prosecutor you worked in the general david petraeus case where he had classified information. she came out today and said, there is nothing between the two cases. it all come down to whether you knowingly engaged in lawful conduct. we can't prove hillary knowingly ly engaged and she attached the resume to it. the point about that is she is looking at one little statute that has an intent requirement. and i told you how you can meet

that intent requirement in this situation. but the felony there are felony provisions in the federal code that she ignores in her piece. that require only a recklessness. what is more reckless than setting up your own server? and regularly now, we know regularly dealing with this highly sensitive government information. >> that is interesting. >> to see you. a new poll puts fiorina in the top threeful do you think that earns her a spot in the debate coming up? think again. plus wait until you see what was on last night. >> well --

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oil or cream? definitely cream. [reddi wip spray sound] never made with hydrogenated oil, oh, yeah... always made with real cream. the sound of reddi wip is the sound of joy. back to the big news out of iowa which puts carly fiorina in third place and it is rather ironic considering she may be excluded from the next big debate as she climbs in the polls. back with us now, chris, the fact is cnn set the rules for making the debate a while ago. the reason she is not going to make it even though she is now running third in iowa is what? >> we don't know that she won't make it. >> but it doesn't look good. >> it doesn't look good today. she is basically neck in neck with chris christie governor of

new jersey. the way cnn has rigged -- that's a strong word. the way they've arranged the polling structure, is that they go back before our debate. they reach back to the middle of july. they take those polls and then stopped counting polls almost a week before. >> why are they at polls that precede even our debate? >> we know how difficult it is to come up with the debate. i would never suppose why they would do what they did. i can only guess they were trying to avoid bursts or shouts that change the order of things and trying to bring stability. what would we have done it that way? no. it was their choice and it puts her at a disadvantage shelf can't get any of that mojo she got. >> does she have a legitimate beef? >> carly is being robbed here. there are those online who say this is deliberately targeting the party's female rules.

if they changed the rules in the middle the other candidates would go crazy. by picking this fight with cnn and the republican national committee, which carly thinks they should intervene and they said they can't do it legally. she is cementing her status. >> in cnn's defense like the fox news situation, they set the sxrools the candidates had months in this characters months to understand them and try to get themselves in that top ten position. she's done it but the weight of earlier polls is holding her back. >> i have no beef with cnn setting whatever rules they have for their gatedebate. i have one beef with them. they claim because of the regulation from the federal elections commission they cannot change the debate because of the fcc. this is horse hockey. you know that. >> of course they can.

>> they can go to the fcc but it is a toothless dog. if you want to fight for the right to have the debate you want, do it don't blame them. >> c.nn's defense, they came out and said, revising thee criteria for one particular candidate is not something we've ever done and not something we'll do now. can you imagine the hell that chris christie would raise if they did? >> he would go nuclear and rightfully so. the way cnn set this up it does tilt toward professional politicians and away from the outsider candidates who don't begin the race with big name i.d. i happen to agree they can change the rules. i think the rules wrong headed. >> trump and carson will make it in with no problem. but with her surge from the fox news debate, it is not great for her. great to see you. they say a picture is worth a thousand words.

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back to -- they had a lot to say about me the other day in the press. miley looks good. >> okay. that was rapper nicki minaj, calling out host miley cyrus after she took a public jab earlier in the week. that was the start of something that produced quite few headlines and more than a few pictures. ♪

>> well -- wow! okay. >> a lot of people have problems with the police. but i really hate police strippers. >> i am honored to present the 2015 vanguard award to my friend kanye west. >> as you probably could have guessed by this moment i have decided in 2020 to run for president. >> joining me now, fox news distributor, cat, good to see you. >> i don't know where to start. half naked miley cyrus, actually naked miley cyrus with her breasts exposed. >> yes. she thinks that makes her a

feminist hero. >> why? >> because guys can walk around with their shirts off and girls can't. i have a lot of problems that men don't have to deal with it. i don't think you're a hero to me. these are people who think they're heroes. they're acting like idiots they're like clounls, they're kind of disgusting and they think they're role models. >> and then kanye west goes out there and says he's on drugs at the time. and then says of course i'm running for president. >> as i must have been thinking about all day long because he's so important. >> everyone was wondering. i've heard, mitt romney, will he still run? kanye? oh wait. >> i don't care what he was smoking today. he's an idiot as far as i'm concerned. the problem is people look up to him. >> big time. >> i'm sure he could win probably with the way it is going. it is about entertainment value.

nobody wants to learn where people stand on issues. >> you're a young woman. i'm sort of young, i used to be young. mtv had an opportunity to stir a young audience to aspire to something positive and uplifting. instead they close to celebrate the use of illegal drugs. that is a true statement. is it too stuffy? do they have a legitimate point? we don't care how low our young people go. >> i think they do. all of them are celebrities. they are privileged. they have parents in the industry. they can do that. and they're fine because they're already rich. young people try to do that. they won't get jobs. >> right. especially showing a boob. >> it won't end up well for you. >> if you're not miley cyrus or a kardashian it is bad if there are naked pictures. >> if you try on excuse it by saying i'm sorry, i was on

drugs. >> feminism! i did it for all women. i don't know. this is ridiculous. people are watching this more than anything else and they're taking it seriously. >> hopefully they film over to the news every once in a while. hopefully. . we'll see. we'll be right back. when heartburn comes creeping up on you. fight back with relief so smooth and fast. tums smoothies starts dissolving the instant it touches your tongue. and neutralizes stomach acid at the source. tum-tum-tum-tum-tums smoothies, only from tums. it's intelligent enough to warn of danger from virtually anywhere. it's been smashed, dropped and driven. it's perceptive enough to detect other vehicles on the road. it's been shaken rattled and pummeled. it's innovative enough to brake by itself, park itself and help you steer. it's been in the rain... the cold... and dragged through the mud. introducing the all-new mercedes-benz gle. it's where brains meet brawn.

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and is up watching "the kelly file." i say this with all due respect to sean hannity, go to bed! see you. tonight, e-mails. exposed even more questionable behavior at the clinton foundation. ed henry is here tonight with the full report. >> it violated virtually every agreement they were a party to. i don't think they can be trusted. >> then dick cheney and his daughter liz are sounding the alarm. they join us in studio to talk about that and their brands new book in the road to 2016. >> we've heard black lives matter. all lives matter. well cops' lives matter too. >> one of his deputies is murdered execu