night. again, thanks for watching us tonight. ms. megyn is next. please remember the spin stops here. we're definitely looking out for you. breaking tonight, two big items on donald trump, jeb bush and the gop field as trump gets very personal in a new attack on jeb bush. and fox confirms the republican national committee is now asking for a loyalty pledge that appears aimed directly at donald trump. welcome to the kelly file. i'm megyn kelly. fox confirmed these reports just a few hours ago, several campaigns telling us the republican national committee fashioned a pledge for the candidates to sign vowing that they will not consider a third party run if they do not get the gop nomination. it appears aimed directly at trump who refused to agree to that condition when pressed on

the fox news debate. it also comes as trump continues with brutal back and foth with jeb bush which late today got personal when trump took a shot at bush for speaking spanish on the campaign trail. we have our panel all with us on 2016 tonight. but we begin with our chief washington correspondent james roz within the latest in the battle between trump and bush. james? >> good evening. if jeb bush wanted to separate himself from the gop pact, it would appear the former florida governor is getting his wish. already this week the two republican presidential candidates traded attack videos with bush cueing up old sound bites of trump declaring himself pro-choice and trump asailing bush for likening illegal immigration to a lack of love, saying it's time to get tough. then speaking to reporters in miami, he repeated the theme.

>> [ speaking spanish ]. >> this afternoon in a telephone interview, the billionaire real estate developer fired back at governor bush once more with remarks that are going to start a debate on how much trump can expect to receive from the latinos. i like jeb, he's a nice man, trump said. but he should really set the example by speaking english while in the united states. he also likened himself to president ronald reagan. and there too trump found jeb bush lacking, quote, by the time i'm finished with the presidency, after eight years of the presidency, trump said,

people will say i'm a great conservative, far greater than jeb would have the ability to be. late this afternoon, bush campaign manager tweeted trump is on a one man campaign against the gop. knowledge of other languages, especially spanish is a plus. we're told further governor bush will respond to this tomorrow morning presumably, megyn. >> great to see you. >> gracia. >> just 40 yet again. see you soon. thank you many. joining me with more, howard kurtz. good to see you both. let's start with the rnc loyalty pledge. chris you were on the debate team with yours truly. how is what the rnc is doing different from, will advance the

ball more than this moment at the gop debate fox news hosted on august 6th? >> is there anyone on stage, can i see hands, who is unwilling tonight to pledge your support to the eventual nominee of the republican party and pledge to not run an independent campaign against that person. mr. trump. >> chris? >> it was -- it's -- it looks crazier now than it did before. that was a fun night. >> very. >> here's the difference. trump's answer goes on into talking about like maybe i will if you're nice to me. if you're not nice to me, maybe i won't. maybe i will go out and run a third party campaign. we'll see if you guy deserve it or not. he's speaking to his party. the difference here is if you're presented with a piece of paper and it's from the party itself and all of the other candidates

sign it and say we're not going to play spoiler at the end, we promise we'll abide, we don't want hillary clinton to win the presiden presidency, we're going to suck it up and do it, if trump says no, this starts the question of do they bring sanctions against him, do they do things that will take him off the debate stage. it could really be the beginning of a significant skizism in the republican party. >> what kind of sanctions could they bring against him if he doesn't sign the pledge? >> the sanctions are on the front end. if he signs it and doesn't abide by it, there's nothing you can do. it's too late. the horse has left the barn. what you can do at the beginning -- this is why it would be 0 ugly if he opted to say no, if he says no, they could say well then debates that are sanctioned would be unsanctioned if they invite you. you're not going to be invited to these debates.

>> that's not going to happen. >> it gets ugly quick. >> that is not going to happen. the question is why are they doing this? the other question is whether he's likely to sign it. what we're seeing right now is the man who's the front runner in every poll, every poll he is the front runner in. so he's tag about whether the party is going to treat him fairly. the party is anointing him at the moment. so what downside is there in him signing it. and right now he seems more focused on fueling the fire with his rivals than he does on dealing with the rnc. >> this carries a whip of desperation by a gop establishment whose candidates on getting routed by the rookies. trump is making noises that he'll probably sign the pledge. he said the rnc is treating him fairly which is his code for i'm not going to take my marbles and

go away. he does not like being back into a corner. he may not sign it and he may dare -- he may play chicken. may dare the gop to come after him although he's probably leaning not toward running third party at this moment. >> let's talk about the remark "speakenglish" directed to jeb bush. they just came out with a poll from abc news that shows his approval rating with his papani. he has a 15% favorable approval rating. smart move? you tell me, chris. >> well, look, trump is trying some outreach now to hispanics. he's had a meeting now with hispanic chairman of commerce. he and geraldo rivera are working on a mexican lunch

summit. he's trying some things to make himself for palatable. undoing that, getting that to change is going to be very difficult. because the press narrative that has been relentless since day, one since his initial remarks has been that he's zeen phobic, racist, that he is all of these things. turning that bus around would take a lot of effort. and as you spend time trying to undo the negative, you are stranding the supporters who want you to tyke the fight to jeb bush. >> we've seen him starting to mix it up with donald trump in the past couple of day like we haven't seen before. >> yeah. i don't think he has much choice at this point. i got to tell you, watching this, the punching back and forth, it looks like bush is playing didly winks and trump is a prowrestler. he taunts him with things like why don't you speak english.

but trumps followers like him more for singering his finger in his eye. the media not policing the substance of it, just enjoying the food fight. when you turn the sound down you see jeb who said he wanted to run a joyful campaign does not look like he's enjoying himself and trump is having the time of his life. >> joyful. who is going to run a joyful -- what on earth is joyful about that process. anyway, good to see you both. while trump and bush battle it out, dr. ben carson is getting good news. guess who's taking some incoming of his own own brent hum is back with us and he's back on the road ahead for ben carson. news tonight on the six officers charged in the death of freddie gray. and then you'll get the meet the marine vet taking on the black lives matter movement and

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breaking tonight, dr. ben carson on the rise. his campaign announcing his best fund-raising month to date, bringing in $6 million in august. and then there's the recent monmouth university poll. dr. carson tied with donald trump there. we told you that last night. now the doctor finds himself facing a new bit of incoming. brit hume is our senior political analyst. your thoughts on his rise and the reason for it. >> well, it suggests to me that there's a volatility here in the polling and in the public sentiment. it is still very early. sentiment is soft, voters are fickle with the shoiss they make when questioned by pollsters. if you look at the rise of carson and the decline of scott walk near that iowa poll, it

tells you all you need to know about this race. i don't think scott walker, the voters in iowa have changed their mind about scott walker, it's just that sentiment is soft. ben carson had a great outing in the debate in that his closing statement brought the house down and everybody loved it. he's been reflecting that ever sen since. he's having his moment just like rick perry and newt gingrich. they all took their turns in the front runner position in 2012 and they all faded. >> that is the difference so far that we've seen with donald trump versus all those people you just mentioned. because his lead, his position atop the polls has been sustained so far much longer than the others. >> he's not in the lead now in iowa is he? >> well, it's tied. >> i know. but that's not leading.

>> tied for the lead. >> well, that's right. that's not bad. look, he's still in the lead but people are beginning to gain on him, which wasn't happening before. all that was happening is people were all kind of bouncing around many points behind him. now somebody has risen to challenge him. how this plays out is a long way from being decided. >> it's no accident that trump spoke with dr. carson today and began with the same line that we heard about jeb bush, talked about how he's nice and really a friend of mine but says, i think it's a difficult position that he putz himself into, to be a doctor who wasn't creating jobs. it's such a different world. i have created tens of thousands of jobs over the years. trump is paying attention to dr. carson and may continue to. >> well, we'll see how that plays out. you'll see how the people react

to that. will they like trump more because he attacks carson in a kind of mild and somewhat irrelevant way. >> he has the two nurses. >> give me a break. look. these two guys have one thing in common. neither of them has ever worked a day in public life and in the moment in this race in this year in the republican party, that's a distinct advantage. >> and what do you think -- how important is the next presidential debate that we're going to see on september 16th with these guys? >> it's as important as the next presidential debate can be. even after this next debate is over, it's still going to be early days. and we're still going to have a long way to go before anybody votes. and you know, the candidates who have a lot of money have not unleashed that much of it on themselves and on each other. so we got, we got a ways to go here. this has been fascinating. it's been the summer of trump and maybe it will be the fall of trump and the winter of trump

too. but we're a long way from being able to say that. >> the loyalty pledge, good idea? bad idea? what's the rnc doing? >> they're trying to make sure that donald trump doesn't stay in the race and go third party in the end and take all of his supporters with him and elect a democrat. that's what that is about. trump's position, think about it for a minute. suppose he got the nomination with all of his baggage and all of the not so conservative things he's done and said, wouldn't he want all of those guys to pledge to support him? i think he would. maybe he would be rise not to resist this. >> interesting thought. great to see you back again. >> thanks, megyn. big news out of baltimore tonight on the trial of the six police officers charged in the death of freddie gray. see what's next for these officers after three big rulings

from a judge today. plus, the county clerk refusing to help same-sex couples get married and suddenly some media outlets are reporting on every piece of dirt they can find on this woman. is that fair? dana loesch has some thoughts. he's here next. >> from what? why are you not issuing marriage licenses today? >> because i'm not. >> why? >> why? >> who staying in rhythm...

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he says that it conflicts with her religious belief. suddenly ms. davis has become the story with various media outlets reporting on her past marriages, her divorces and children who may have been born out of wedlock. dana loesch is the host of day dana. and the allegation is that she is a hypocrite for in their view judging other people's lifestyles while not living up to the christian standards herself. >> right, thanks for having me back. i love the headline over at the federalist today. basically kim davis is being condemned because she wasn't following the christian faith before he became a christian tour years ago. >> sometimes a christian has difficulty doing it. >> exactly. they're condemning her, she's been married four times, she had a set of twins out of wedlock,

which i've never heard the progressives use that phrase. and it's so similar. remember what they did back to brendon ike, the former ceo of mozilla. they went after him when they found that he had privately donated money to the prop 8. they ran him completely out and they're doing the same thing with kim davis. >> it's one thing to attack her on look, the supreme court ruled and now you to comply and as a legal matter i'm going to make you comply which is what the acl ux is doing. it's quite another to talk about prior sibs she committed before converting to christianity. >> they're committing the same thing of which they're ie kuzing her. she's received a number of threats, including death threats. someone threatened to burn down her house, all kinds of threats she's received from the loving tolerant raging peace mob.

she's been at this job -- she's a democrat, too. nobody is reporting that she's a democrat, an elected democrat. so she can't just be fired. she's always been elected with a significant number of votes and she's been doing this for a couple of decades now. and the law just recently changed. and yet people don't want to fight the legalities, they want to smear her character. it's shameful. >> that was the question that everyone was asking, what about those who have a conscientious objection to participate in a gay marriage whether it's a baker or a county clerk who doesn't want to issue the permission slip that is required under the law. but the response is, then you got to get rid of that job. you can't be doing that job because it's been ruled unlawful for you to uphold that view. >> yeah, it's amazing that they don't give her an accommodation. she has to sanction the unions by putting her name on this piece of paper. there's like 130 clerks that are

in kentucky, you can drive 30 minutes were 40 minutes either way and you're going to hit another clerk. it's not that people are completely barred. they spisk cli want kim davis' signature and they want her to compromise her believes. >> dana, good to see you. well attorneys for the cops charged in the freddie gray case walked away with one victory today and it was a big one. we'll find out what it means for the trial ahead. plus you'llrine vet taking lives matter movement and hear him tell us what happened to him since he posted this message right here. >> you're teaching black people to hate white people.

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breaking tonight, the first major hearing for the six officers charged in the arrest and death of freddie gray resulted in wins for both sides. freddie gray suffered a severe spinal cord injury while in police custody and died a week later. trace gallagher is live with the details of what happened in court today. trace? >> megyn, the six baltimore police officers charged in the death of freddie gray were not in court today but there were 14 defense attorneys and seven prosecutors. the judge did give them most of what they wanted. first, a defense request dismiss the charges was denied. then the defense asked that baltimore state's attorney marilyn mosby be recused from the case for talking to the media about the evidence and saying this when she announced the charges back in may. listen. >> i heard your call for no justice no peace. your piece is sincerely needed

and i work to deliver justice on behalf of this young man. >> the defense claims no justice no peace essentially meant no conviction, no peace. the judge did admonish mosby saying it was troubling and inappropriate for her to discuss the evidence, especially about whether the officers were cooperating with the investigators. the prosecution also wanted the officers tried to group of two or three. instead the judge granted the defense request to try them individually. so far no word on who will go first. but six trials mean six opportunities for potential unrest. here's the baltimore mayor. >> what that means is we'll have six different -- we'll have to monitor six different trials and the flash points associated with them and we'll be ready for it. >> hundreds of people signed up on facebook to demonstrate outside the courthouse today. only a few dozen showed up. it's been three months since

freddie gray died of the severe spinal injuries he apparently suffered in the police transport van. next week the police will ask for a change of venue. >> that's going to be the big one. joining me now, former trial prosecutor and fox news contributor. good to see you both. i don't think anybody here expected the defense the win the first two motions. but let's talk about the motion that they did win to have this case tried -- they wanted individual trials for each defendant. and marc, they got it. >> megyn, this is huge. first of all, the two motions recusing her and dismissal, about as predictable as our tar with no hair. less predictable that he'd have the tan of a i'm fa loom pa.

you want to say, it wasn't me, it was office ers jones who did that, it was smith. no, no. now you're separate. you can clearly go out and tell jurors that wasn't my responsibility, that's this officer, that's this officer. it is right. great decision. >> go ahead. >> that whole element of surprise that is innate in our system where you don't know what the witnesses are going to say, with the exception of whoever gets tried first goes out the window for the other five. do you think what a luxury it is to have all of the evidence and you know what they're going say, you have the transcript to cross-examine someone and if you're the fourth person that goes to trial. i don't think that's going to happen. i think after the first or second trial there will be plea bargains one way or the other. >> what did you make of the fact -- >> i can't agree with mark more. >> what did you make of the fact that the judge, judge barry williams gave mosby some what

for her comment that we've been talking about on this show and i have to say, we wound up in agreement with the judge, that they were problematic and inappropriate but not enough to recuse her. >> i love it. >> he was troubled by it. >> i love it. >> and then he requested her on her, well i was just trying to keep the peace of her comments. he said really, is that jury jb wob to keep the peace or is it to prosecute cases. this guy gets it. >> i love it but i think it went in one way and out the other. she doesn't care what he thinks. what i think is extraordinary is that the judge, in spite of the fear and climate in that city, people are running around with pitch forks and burning property down, this judge in spite of that pressure followed the law and made the right rulings on all three of the motions. >> he placed under seal a couple of things, a police dispatch tape and the redacted statements of the officers. as a member of media, i always want to see the stuff. but if i were the judge in this

case, i'd probably issue the same ruling. what about you? >> i agree and i agree with mark. it's not what the judge ruled but the fact that he had the guts to do it, considering what happened in the past and what was happening right there and then. they knew it wasn't a huge protest, but protesting was starting right outside the courthouse. you don't want to be the individual to start another one of those riots. but what i'm looking for -- i did a research on the maryland law. the defense the make the motion of we want you to reed the grand jury minutes and we want you to make sure that the grand juries were presented sufficient evidence to support these charges, especially the one of murder against the driver. >> so in other words the defense is going to try to get this case kicked based on motion practice. the big one is september 10th. that's the motion to get the case removed from the city of baltimore. and i mean, look at what

happened today. the -- have you ever seen protesters when a motion is argued? it's a motion being argued. >> crazy. and i'm talking to you, ms. mosby, because i know you watch this show. agree to the motion. it is supported by the law and the facts. this case should be transferred out of that city where the heat and the fear is extraordinary. just do the right thing. i challenge you. >> she'll still have the case. the only question is whether these officers can get a fair trial in this city. >> but the thing is, megyn, the real problem, it's such a small state. like where are they going to go? >> there's another county to which they often transfer cases. >> but mark, when it happens in new york and you can go 150 miles away to albany, there's a real change of venue. here the judge indicated he doesn't like her statements.

>> there's a huge difference in another county. >> two reasons. number one, if there are convictions, you don't want that to be an issue on appeal. why go through this whole thing again. and number two, it's just the right thing to do. >> i got to go but i got to ask you this. >> onsee it happening. >> the trial is scheduled for october 13th. is there any chance any of these people get tried -- >> heck no. >> more motion practice, more discovery a lot more home work to do on both sides. >> great to see you both. gotta go. well it comes as no surprise that among the protests today in baltimore, there were people from the black lives moment. and mark fur man and richard fowler are here. >> if you're thinking about going to the beach in holiday weekend. stay tuned for a word from this guy. >> as the sharks show up in larger numbers, the seals take notice of this and they stay

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if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do. it has been more than 36 hours since the mysterious death of a police officer in illinois. and despite having 100 investigators surging for the killer, authorities seem to be nowhere close to catching them. multiple vigils for the man

known as g.i. joe springing up. investigators are going door to door near the crime scene searching for suspects who was only zried as two white males and one black while. he was shot yesterday morning at spotting what he described as suspicious activity. well his death comes days after a texas sheriff's deputy was killed execution style while pumping gasoline into his patrol car, a crime that's led to new complaints about the anti-police rhetoric we've been hearing, in particular from some of the black lives matter protests. but law enforcement officials are not the only ones questioning the movement now. earlier this week a marine vet took to youtube with a message that quickly got national attention. >> this black lives matter movement only promotes racism and they're encouraging black people to kill white people because they want black people to feel what he felt 400 years ago. the police officer got killed by

that black man because the black man listened to what y'all said about killing white people. the nine-year-old who got shot in the head while she was doing her home work, that none of y'all protested, her life matters. you slander me and say how [ bleep ] -- check this out. i had drill instukters in boot camp that have better insults than you. black people can't accept the truth about themselves. black people admitting to the truth is like they're snitching on themselves. and black people have a no snitching move. you're encouraging black people to throw their lives down the drain by taking away somebody else's life? sad. i'm going to pray for y'all. >> joining me now, the young marine you just saw, michael whalely. thank you for being here.

you're 27 years old. you're a father yourself. and in the wake of you posting this video, you've gotten severe pushback. what kind of messaging are you receiving? >> i'm getting all types of messages from everybody. everybody is entitled to their own opinion. it's freedom of speech. they can say hateful stuff towards me. sometimes the truth hurts. it's bitter. not going to be sweet. i'm just trying to get the message out. i love everybody. i care about all of y'all. if i didn't care about y'all i wouldn't be here. i'm missing time with my kids to get this message out because i worry about my kids at night and your kids and the future. that's what matters. tharp lives matter lives matter. >> what dpubl that the movement promotes racism. it says it's there to stop racism that it perceives on the part of law enforcement. >> it doesn't -- no, it only promotes racism. the reason why -- i'm putting in

the spotlight of chicago. this goes out to the people in chicago. i care about y'all. it's a lot of crime that goes on in chicago every day that doesn't get talked about in the mainstream media. their lives matter. too much killing going on. and the black lives matter movement, they only protest when a white officer kills a black person ap and the mainstream media understand gates it because they put white officer killed unarmed black man. it instigates racism. you wouldn't know if the man was white or black and nine times out of ten, the people watching wouldn't give a damn. sorry about saying that. >> what about the no snitch rule. that was if first time i had heard that. >> the no snitching rule, you heard of no snitch rule. >> yeah. but in this context it was new.

>> okay. but yeah, how it is that it's telling the truth. like in black an black crime happens every day, if a black person kill another black person, they're going to deny it until they die. they're not going to admit the truth. some people don't like admitting the truth because they don't like that. it hurts me as a black men to tell the truth about my own people. but i did it because i care about my people. jesus's own people turned on him because he spoke the truth and they had him crucified. but at the end of the day he loved them. i love every single one of y'all. the violence has to be stopped. the racism has to be stopped. black people and white people are not enemies. we have somebody else behind closed doors that's pulling the strings and causing a lot of the racism here in america. would martin luther king want people rioting in ferguson? no, he would not. martin luther king had a dream. to turn the dream into a reality.

i don't care if i die trying. but my kids is going to carry on my legacy. if i can't make it happen, they're going to make it happen. it starts with education. we need to teach our kids that's growing up to overcomedy verseties, to accept criticism and to love one another not because of the color of their skin. and the black lives matter movement is encourage african american to throw away their lives to take care of something that happened years ago that most white people in this generation were not a part of that they could not control. >> i understand. >> let's not look at the negative tings things in positive. take the negative things and turn it into positive. >> i got it. michael thank you. >> let's make a changes to history. all lives matter. i care about everybody. i love all of y'all. >> hopefully you won't receive any you know hateful feedback.

we appreciate you coming on and telling us your side tonight. joining me, mark furman. richard, where is he going wrong in. >> i think he's right. all lives do matter. her's the thing and i think he'll tell you, what's in question is whether or not black lives matter. and i think when you see more and more african americans die at the hands of police or at the hands of, you know, even black on black crime where you have too many illegal gun ons the street, you have a serious problem. i'm not talking about this speaking about my own stuff. the report that came out indicated that even white americans and hispanic americans overwhelmingly believe that he's got to do something about the racial disparities that are in your country. >> well what's interesting when you listen to michael, mark, is

he doesn't necessarily deny some of the stats but he sort of thinks let's start by looking internally in our own communities and take responsibility for our own role in some of this. >> well, it's really nice to hear some common sense on the media about this. and you know, when you think about black lives don't matter or black lives matter, excuse me, what doesn't matter is at the same time they're saying this, they're chanting about murdering police officers. are they talking about murdering black police officers and white police officers? just white police officers? but if they're talking about anybody, in the same breath they're talking about murdering somebody, the very thing they're out protesting. i'm a little confused with this. and i think michael was very accurate that it all promotes racism. the message becomes all muddled in their purpose to actually

change something that they're misrepresenting most of the time. >> that's the thing, it's tough. they really want to get through to the cops, to be heard by cops. it's tough to make the cops here you when you're out there chanting oink oink bang bang in their faces. >> here's the thing. i think the question we have to ask yourselves -- i was on the show yesterday talking about the same thing. i think what the black lives matter movement is asking for and begging for is accountability from elected officials is to make sure that every citizen is treated with the same respect from police officers. but with that being said, what's in question here is whether or not black lives truly matter to police. right? if you look at all of the case -- look at stop and frisk in new york city. where they cover profiled. we indeed have a problem. we've talked about mass

incarceration where this nation spends $80 billion a year putting people in prison rather than educating them in the schoolhouse. these are major problems. this is not a white problem or a black problem or republican problem or conservative problem this is an american problem. $80 billion going down the drain in mass incarceration. and it's ridiculous. >> go ahead, mark. >>rk well, when i hear richard,e is kind of coloring this with a lot of crayons. when you talk about violent crime and who is in prison, it's exactly the proportion of whose identified in crime reports and the exact proportion of who is in prison. i mean, the proportion -- >> really? >> are very reflective -- >> yeah,ti really, richard. 68% of the violent crime in this country is committed by 19% of the population. >> let him finish, richard. let him finish, richard. we're up against the break.

>> excuse me,- richard. >> go ahead. >> when you identify a problem like that, all you're doing is bringing up another question. the idea is you don't kill cops to solve a problem about being stopped because you're black. >> thank you both. we'll be right back. so you're a small business expert from at&t? yeah, give me a problem and i've got the solution. well, we have 30 years of customer records. our cloud can keep them safe and accessible anywhere. my drivers don't have time to fill out forms. tablets. keep it all digital. we're looking to double our deliveries. our fleet apps will find the fastest route. oh, and your boysenberry apple scones smell about done.

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well, there is nothing like a relaxing ocean swim in the moonlight. if you are considering one this weekend trace gallagher has a report for you, trace? >> megyn, the good news is gas prices are down so a lot of people will head to the beach this labor day weekend. the bad news is, shark sightings are up. way up. how high you ask? well, about this high, this is a

great white off the coast of cape cod. so far this year, 23 great whites have been spotted along a 10-mile stretch of the cape. expert says the sharks are following the seals, and the seal population is growing by the year. listen. >> as the sharks show up in greater numbers, the seals take note of this and they stay close to the shore. the seals are right along the shoreline that draw the sharks in very close. >> in carolina, they have seen an increase in shark sightings and bitings. ten people were bitten in just june and july. apparently warm water and turtles are causing the uptick there. in northern california, a shark went after a surfer and missed, but did take a chunk out of the board. we've also had our fair share of sharks right here in southern kali. last week a white shark and two

hammerheads were spotted, prompting guards to shut down the beach. lifeguards are using drones to spot sharks in orange county and they have seen plenty of them. and remember, megyn, when we did america live back in the day, i had a great white shark right under my surfboard. a little nerve-racking. i've seen a few since. they don't seem to bother anybody. kind of a baby. >> like a pet now. good luck with that thanks, trace. we'll be right back. olves howli) 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. why are you deleting these photos? because my teeth are yellow. why don't you use a whitening toothpaste? i'm afraid it's bad for my teeth. try crest 3d white. crest 3d white diamond strong toothpaste and rinse... ...gently whiten... ...and fortify weak spots. use together for 2 times stronger enamel. crest 3d white. choose, choose, choose. but at bedtime?

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well, well, make sure you tune into tomorrow night, we have peggy with a new message on the "black lives matter." go to facebook.com/the kelly file. follow me on twitter at megyn kelly. any thoughts on the segment for tomorrow night? let us know. tonight. >> i never sent nor received any e-mail that was marked classified. >> hillary clinton has a lot of explaining to do as her server scandal deepens. the great one, mark levine is here tonight with reaction. >> what i see on the ground is tremendous support from my constituents. >> then 2016 presidential candidate carly fiorina is surging in the polls. that should land her on the main stage at the next gop debate. she is here tonight with reaction. and is this type of vile rhetoric to blame for the increase in the violence against police? governor scott walker will weigh in on the war against cops.