the bottom line is don't miss it. facebook.com/thekellyfile. let me know what you think. was it a genuine moment with hillary clinton? i mean, it seemed -- she was upset. let me know what you think. this is the kelly file. tonight. >> i was not thinking a lot when i got in. >> a second government review, in fact confirms hillary had top secret information on her private e-mail server. >> i didn't really stop and think. what kind of e-mail system will there be. >> mark steyn is here with reaction. >> i think this is devastating to hillary clinton's campaign. >> the kentucky clerk that was jailed because of her religious beliefs has been set free. >> thank you all so much. >> former arkansas governor mike huckabee is here tonight with reaction. >> lock me up if you think that's how freedom is best served. and donald trump surges past

hillary clinton in a brand-new poll. laura ingram and steve hayes have reaction. all that and thomas sole weighs in on the black lives matter movement. "hannity" starts here, right now. welcome. a second review of hillary clinton's e-mails by two government intelligence agencies confirm that top secret information was on her private server and that the information was classified at the time she received it. earlier tonight, clinton actually apologized, finally, for her e-mail scandal. watch this. >> that was a mistake. i'm sorry about that. i take responsibility. and i'm trying to be as transparent as i possibly can. >> joining us now with more is ed henry. by the way, not only was it the top secret designation, the highest classification available. she had denied this repeatedly. why the turnaround? >> well, sean, this is an independent review by the intelligence community. so she's not admitting that

there was top secret information. that's why there is no turnaround from her. the intelligence community is bolstering their case, as they previously said in the first review they believe there was classified and in a couple of cases top secret information. this is challenging her narrative again. that's in part why she is doing these interviews. the abc part about saying i'm sorry. she's trying to clean up friday's interview with nbc news where she stopped short of an apology and said she was sorry this had been confusing to voters. also at work, is after joking about her e-mail. she's trying to show a more contrite tone in the interviews. today in "the new york times," her campaign admitted this is part of a poll-tested approach. after a recent focus group where voters said they wanted to hear more on the e-mails. they decided to get more transparent and she taking more questions from the media. her advisers ironically revealing in this carefully coordinated leak to "the new york times," they want to bring more spontaneity to what has been a cautious campaign, and that they actually have a

strategy to have clinton show more humor and heart. veteran democratic strategist david axelrod said her plan read more like the onion. her detailed plan to show more authenticity and spontaneity. #just do it. to show more spontaneity herself, clinton retweeted an msnbc clip of her. that may have been off message, especially as you say on a day when we're learning the second review by the intelligence community is saying there was, in fact, classified information in that server. >> ed, are we supposed to belief as this "new york times" piece points out that she is supposed to show more humor? 6 >> i don't look at her and think chris rock, larry the cable guy or jimmy kimmel. it sounds kind of manufactured. i'm not surprised that david axelrod thinks it's silly. >> i think that's what he's trying to get at. you remember george h.w bush at one point saying message, i care.

taking a poll-tested message from advisers and sort of spitting it out to advisers, you don't come across as authentic. same problem for richard nixon. the wing tips on the beach. hillary clinton has a problem connecting with middle class voters, even as she pushes a middle class message. that's why the campaign is very worried. and that's why they're trying to shift course tonight. >> remember, the words that come out of people's mouths that describe her were not very flattering. first word was liar. let me ask you about the state department employee that was being paid to monitor the server that was in the closet of the bathroom of the mom and pop organization that will plead the fifth. what do we know about the employee? did he report the income? did they report to it the state department? >> that may be one reason why he took the fifth. in the early reporting we have done suggests he did not report to the state department, to the federal government that he had made extra money on the side. that could be a reason why he's told congress, and we're also told the fbi that he doesn't want to testify because of fear of self-incrimination.

we don't know the full story. we only know part of it. the other issue is don't forget what happened on labor day. vice president joe biden was on the campaign trial and was hearing from voters run, joe, run. and he said look, go talk to my wife, suggesting the door is open but he is the still perhaps trying to get his wife on board, sean. >> ed henry, thanks to so much for covering the clinton campaign for us. the author of a brand-new book joins us. "a disgrace to the profession." the one and only mark steyn is with us. i don't know what to think of this. this campaign is in significant legal trouble. you have the poor clerk in kentucky we'll talk about in a second. the handcuffed perpetrator walk, fingerprinted, mug shot, put in jail. >> right. >> now we've got hillary clinton's campaign saying oh, they want to show that she's funny. i don't look at hillary clinton and see larry the cable guy. i don't see chris rock. i just don't see it. >> i actually, as david axelrod pointed out, it's hilariously funny to have your campaign

spokesman announce you're planning to be more spontaneous. i gather that hillary's director of spontaneity has announced that she is going to be spontaneous this thursday at 2:00 p.m. at bud steiner in nashua, new hampshire. so if you're there, you'll get the chance, and you've undergone the background check, you'll get a chance the see hillary be spontaneous this thursday. >> if you sign the loyalty pledge before they let you into the event. i mean, it's getting a little crazy. >> no, no, that's actually what is -- i mean, this is a postmodern campaign. the point about campaigning in something like the new hampshire primary is that you encounter voters and you persuade them to vote for you. they were a bernie sanders guy, but they go to a hillary event and they're so stunned by her spontaneity and her humor that they switch. with the hillary campaign, you have to announce before they'll let you into it that you're pledging your lifelong

allegiance to hillary. in other words the campaign has conceded she is incapable of political persuasion. that's why politicians go on the stump. that's why there are whistle stop tours. without it there's no point of do it. you might as well just mail in your pledge, or e-mail to it the server in the toilet in colorado. this campaign is a joke. but not in the way that hillary's poll tested director of humor logically approved campaigned spontaneous ad libs and quips would like. >> like a town hall where they bus in the people who are asking spontaneous questions. as long as you're a democratic operative, you get in. but there's more bad news. >> right. >> donald trump is beating her now -- >> that's. >> go ahead. >> yeah. no, i was just going to say, this is the problem, is that basically hillary is the straight man. she's actually the butt of her own jokes. and that is why this campaign to

announce you're going to be lighting up, that's not going to work. >> either you have it or you don't. to her husband's credit, you're the only person that matters to him in the world. she doesn't have his warmth. she doesn't read a teleprompter like barack. she's got preposterous problems. latest poll. donald trump beating her five points. bernie sanders up nine points in new hampshire. gained on her significantly in iowa. joe biden's numbers are going up. and, you know, now we have a second review of only 40 e-mails. they have determined there was top secret information about north korea's nuclear program including satellite imagery. she lied to the american people. now it's a legal issue. don't you think that should be a bigger concern at this moment? >> yes, i think so. i think there is no doubt now that she broke the law. there's no doubt she committed a crime. and she committed a crime that if she were anybody else, she

would be in jail for. as you mentioned a couple minutes ago, it's happened at a time when a low level county official has -- was dispatched to jail. and that actually is one of the big issues in this country. whether we're bifurcating into a system whereby if you belong to a certain privileged elite the laws don't apply to you. the clinton assumption has been that the laws don't apply to them. if we're in a situation now where it's taken for granted by everyone from the cia and the other intelligence agency that she, in fact, broke the law, and she is wandering around with impunity nobody else could get away with. i don't see how long she can carry on campaigning. and joe biden, you know, in 2008, the democrats were told hillary is the heir presumptive. let her get on with it and win the nomination.

she loused it up. she defeated herself. this time around, joe biden was told again, hillary is the heir presumptive. and she's loused it up again. and the fact is that neither he nor any other democrat should sit around watching this slow motion train wreck. >> let me go back and remind people, as big as this e-mail server is getting, she was the one that was excoriating the bush administration for quote, using private e-mails. she also admitted on another time, that she didn't use an e-mail or write anything down for fear of being subpoenaed. you may remember these. >> our constitution is being shredded. we know about the secret wire taps. we know about the secret military tribunals. the secret white house e-mail accounts. it's a stunning record of secrecy and corruption. of cronyism run amuck. >> are you keeping a diary, you keeping good notes of what's happening?

>> heavens no. i'd get subpoenaed i can't write anything down. >> she admits she doesn't write anything down. she excoriates them for secret e-mail. there's all the other lies. the number one adjective people use liar. remember when she said she landed in bosnia under sniper fire. let's remind people. >> right, right. >> i remember landing under sniper fire. there was supposed to be some kind of a greeting ceremony at the airport. but instead we just ran with our heads down to get into the vehicles to get to our base. >> all right. mark, i'm showing video right now. i'm going to show the video of her landing in bosnia. she's walking. there's no ducking or dodging. she's being met with flowers. she has a history of lying and hypocrisy. i mean this is -- what do you think in terms of the ads that people could make against her? >> well, you know, i think you can get away with it. if you're like bill clinton,

bill clinton is a liar. and he tells the lies he needs to tell to get out of the situation he's in. he does so very charmingly. the point is, hillary, i think, would possibly have a sporting chance of surviving this if there was any good side to her campaign. but everything about her campaign is tone deaf. when she was endorsed by jean shaheen over the weekend, she had this ridiculous choir of arrythmic white npr listening women pretending to do some negro spiritual where they substituted jesus' name and replaced wit hillary. i don't know who thought that was a great idea. whether they're going to do that with every well-known hymn. what a friend we have in hillary. she walks with me and talks with me and tells me poll tested jokes. i don't know if they'll do that

with every hymn. there's no upside. it's not as if she's a great rogue which is what bill clinton is. you know he's an unprincipled rogue but he gets away with it because the charming bits are very charming. here when she is not being criminal, she is just being wooden and unlikable. and the danger for the democrats is that bernie sanders will end up sneaking this thing away from her in iowa and new hampshire and her so-called south carolina firewall is going to crumble too. >> absolutely. >> that strategy won't work. >> i don't think that's going to work either. by the way, if they ever change "amazing grace" to "amazing hillary," i'm done. imout. it's over. we've lost. good to see you. >> amazing hillary, swing low sweet hillary. don't forget that one. >> coming up. >> i want to give god the glory his people have rallied, and you are a strong people. >> the kentucky county clerk who

refused to issue marriage licenses to same-sex couples was finally released from prison earlier today. governor mike huckabee was with her today. and he'll join us next with kim davis' lawyer. and later, hillary would actually lose to donald trump in a head to head matchup according to a recent poll. we'll check in with laura ingram and steve hayes next, here to respond. ♪ all of our legendary racing heritage. all of our pioneering four wheel drive experience. come together in one amazing new vehicle. this is the all-new gle coupe. a mercedes-benz suv with the heart and soul of a race car.

hey! let me help with that. oh, thank you! ♪ introducing the one-and-only volkswagen golf sportwagen. the sportier utility vehicle. live from america's news headquarters, i'm arthel neville. the left engine of a british airways flight catching fire at mccarron international airport in las vegas. a plume of black smoke could be seen billowing into the sky. the fire happened as the london-bound plane was preparing to take off. the 159 passengers and 13

crewmembers escaped on emergency chutes as firefighters quickly doused the plane. 14 people suffered minor injuries. the minnesota dentist who faced worldwide backlash for killing an african lion is back at work. the dentist claimed he didn't know the animal cecil was protected. walter palmer walked silently into his small dental practice as a handful of protesters called for him to be sent back to zimbabwe to face trial. but official there's have yet to file papers to extraordinary him. i'm arthel neville. get you back now to "hannity." for the latest log on the foxnews.com. welcome back to "hannity." earlier today kentucky county clerk kim davis was released from jail. she had been behind bars for six days after refusing to issue marriage licenses to same sex couples. standing by is our own shannon bream. >> she was overcome with emotion

as she thanked the hundreds to gather to support her today. shortly after the judge set her free, but not without conditions. federal judge david bunning warned davis that if she interfered with her deputy clerks' efforts to issue marriage licenses she could again be facing jail. while she's been in jail, her deputies have been issuing licenses to all couples, altering them so that rowan county rather than davis' name appeared on the document. her legal team says that is not good enough. >> whether her name son it or not, it's under her authority. if we say the clerk of row wan county, we know that clerk is kim davis. she cannot allow her name to be associated with something that conflicts with god's definition of marriage. >> 2016 gop presidential contender and former governor mike huckabee quickly rushed to defend davis last week, and he headlined today's rally in her support. >> we will stand with kim. we will stand with the constitution. we will stand with our faith. and will not be bullied no

matter even if they incarcerate us. >> senator ted cruz, also a 2016 gop candidate was not part of the event, but he also did visit davis in jail today. she could be back to work as early as thursday. sean? >> all right, shannon, thank you so much for that report. >> joining me now is one of the attorneys for kim davis. roger ghanem is with us. the thing i'm trying to understand here, why jail, fingerprinted, mug shots? six days in jail. are we criminalizing our christianity or somebody who has a deeply held religious faith or view? >> thanks for having me on. that's exactly right. there is no reason why kim davis needed to go to jail for this. especially when a very reasonable and easy accommodation would be available that would allow her to keep her conscience intact and would allow marriage licenses to flow from rowan county. >> i think an argument can be made, can't it, considering this is the first time that a society has changed the definition of

marriage. couldn't the case be made her job description has dramatically changed? >> well, there's no doubt that when kim davis ran for office and was elected to office and took her oath, marriage was defined as one man and one woman. in kentucky law. and really, it still. the supreme court decision imposes same-sex marriage on all the states against their laws. but in this case, the governor of kentucky had the opportunity to exempt any clerk who had a conscientious objection to participating in someone else's same-sex marriage. but rather than take that opportunity which is his duty under kentucky law, the governor just ran roughshod over all the clerks' rights and said issue the licenses under my command. >> don't the people get to decide this? that's the important part here. was kim willing to accept the accommodation or a different job so she didn't have to

participate in a new statute that shift herd job description? >> well, kim davis asked the legislature to take action on this issue well before the supreme court's decision in june. she did it within weeks of becoming elected. so this wasn't a spur of the moment decision for her not to issue licenses. the fact is, she was elected to the rowan county clerk office. and she is doing a great job for rowan county. marriage licenses are less than one tenth of one percent of what she does there. like all persons under kentucky law she's entitled to an accommodation for her conscience. the governor could very easy pass an executive order that says the licenses are issued under someone else's authority and under someone else's name. and that would satisfy kim davis. >> thank you for being with us, roger. we appreciate it. here now with more. former arkansas governor mike huckabee. governor, you did go as far. you said this is criminalizing christianity. i think the first amendment is very clear. the free exercise thereof. this was not the job description when she was elected.

i think she probably has a pretty strong lawsuit at the end of this. thoughts? >> i hope she does. sean, one of the things i find amazing, i was in gitmo a few years ago and went down there to see what was going on with the detainees. we accommodated the terrorists. we painted stripes in the cell to point toward mecca. gave them a prayer rug. made sure they had muslim approved meals because we wanted to be sure to accommodate the faith of terrorists. are you telling me that we cannot just somehow accommodate a person, an humble christian woman who by the way is a democrat, and at least allow her to carry out her conscious because the supreme court has illegally ruled would violate her basic obedience to god. >> but she's also an elected official. >> yes. >> and i understand there is a job description for that job. but the job description changed since the time she was elected. isn't this something -- would

you support the idea of states deciding this issue? >> well, that's how it has always been. there's not a word in the federal constitution about marriage, nothing. the supreme court had to legislate from the bench in one of the most overreaching decisions they've ever made. this is a mark, sean, not just of judicial overreach. it really comes to judicial tyranny. everybody who ever passed civics knows the three branches of government are equal and the courts can't pass a law. they can rule on one. but they can't go ahead and prestrike exactly what it looks like. that's why we have a legislature. it's why we elect people to be in the house or senate. so that they have the power of the purse and can actually create the law. then the executive branch signs it and enforces it. this is an extreme court that wants to be all three branches. >> i agree with you fully and completely here. my issue is we almost seem to be on a collision course here. that is changing cultural -- >> we are. >> and the constitution and freedom of religion.

in this particular case, a woman of conscious, a christian, that is practicing her faith, a job description changes because a court decides. what do you see in the future? i never understood why they put this woman in jail for six days with rapists and murderers and thieves. all right, so she didn't sign -- wasn't going to sign the paper. don't you think this is a bit of an overreach. do you see more of this coming? >> when an unelected judge puts an elected official in jail for doing the job that she has which is following the only law that she has in front of her, it's interesting to me that she's incarcerated without bail. my josh, john wayne gacy -- >> she had the ability to pay bail. >> unreal. >> governor -- >> you ask what's coming, i tell you what's coming, sean, it's next it's going to be your pastor the head of your christian school, who else is going to go to jail before this over? this is long from over. we have to stand up for what's right.

>> in other words, if they won't marry, they won't hire. we saw this with the little sisters of the poor. right? >> exactly. >> all right. governor, good to see you. we'll see you on the campaign trail. thank you. coming up, we have new poll numbers are in. they do reveal in a head to head matchup, donald trump would now beat hillary clinton if the general election were held today. we'll check with laura ingraham, stephen hayes. they're here to weigh in. later in thomas sole is here to weigh in on the black lives matter movement and the 2016 election and more. add a pow to your brow! wow! from easy, breezy, beautiful covergirl

welcome back. a new poll by survey usa ha welcome back to "hannity." a new poll by service usa has donald trump beating hillary clinton in a head to head matchup. can he keep the momentum going? here is national syndicated radio talk show host laura ingraham. and steve hayes. both are wonderful fox news

contributors. laura, number one, we got trump, carson, carly and number four is ted cruz in a lot of the polls. >> not the favorite of the gop establishment. >> i don't think so. >> carly fiorina by the way snagged 25 endorsements over the labor day weekend from fairly prominent folks in northern new hampshire. obviously, trump is on the top of most polls. has been for a while despite all these predictions, i think including early on my own. i think he is going to get bored of all this. he is going to kind of flame out. and i think what we see is that for now, at least, people see only one candidate really talking about those bread and butter issues of the middle class. and he's offering i think hope to a lot of people. and these other candidates are like, look, the establishment is failing. we're going fix it. so carson, fiorina and cruz all together represent the average american right now.

in the election things can change. i know trump has a lot of folks who don't like him or think he's not conservative. for now people want their lives to get better. they'd like an outsider to lead the way. >> i think it runs a little deeper in this sense, steve. is that conservatives like laura, myself, we're looking at republicans that promised in the 2014 election they're going to stop the illegal unconstitutional executive amnesty. five years in we still haven't repealed and replaced obamacare. they don't want to get blamed for a government shutdown. wait for this fight coming over the issue of funding planned parenthood. are they going to back down because they'll afraid they'll be blamed for a government shutdown? in other words, haven't they really earned the contempt of conservatives? they have created this problem, haven't they? >> i think in many respects they have. if you look at movement conservatives, people who have been involved in the conservative movement for a decade or two decades like you and like laura, like me. the disagreement isn't so much -- >> didn't mean to keep you out problems. but laura and i are a little more right wing that you.

>> that's right. i'm a rino establishment. i forgot. this is new. this is new. if you look at people who have been involved in the conservative movement for a couple decades, the disagreement isn't so much in what the problems are. it's whether donald trump is the solution to those problems. i agree with so much of the assessments that you just talked about, the things that laura is saying. >> why is ted cruz hated? why is he a pariah. he stood up to fulfill the promise that all those other guys made. why is he a pariah to these guys? >> look, i think in many ways he has embarrassed them. he has challenged them, taken them on head-on in d.c. from inside the senate. it's obvious why they wouldn't like him. if you don't want things to be disrupted in washington, you don't like ted cruz. that explains it in a fairly simple way. >> ted is resonating. interesting. all right. laura, next question. joe biden i think is a certain to get into the race. can the guy that actually said about barack obama he's a main stream african-american who is articulate and bright and clean, a nice looking guy. can that guy win?

can that gaff machine win? >> that's part of his charm. that's part of his charm, sean. all those gaffes? you can pull the string, and it's a gaffe-o-matic. i think biden has a lot of the charm. a lot of the charm of trump. he looks like a working class guy, rolls up his sleeves. trump doesn't look like a working class guy, but he relates to them. he has a way with people that is endearing. i know he's infuriating to a lot of people. but biden also has that. he has the fluidity on the stump. if he makes a gaffe, somehow people find it oh, that's just joe. so i think he's going to be a lot harder to beat than hillary. >> maybe so. what do you think steven? >> yeah, i agree with that. i would argue to take the negative on laura's comparison there, i would argue they both say a lot of stupid stuff as well. but look, i think joe biden is somebody who can come into this race particularly when he is

running at a time, if he run, when hillary clinton is saying she is going to be authentic. she is going to have a reset of her campaign. we'll see the true hillary clinton, the one that's been hidden from us for all these years. >> the one that makes us laugh like larry the cable guy? i can't wait to see. >> she is already now, she is apologizing for something that yesterday she said wasn't a mistake. that's not the best way to rebrand yourself as authentic. joe biden, look, as much as we laugh about the things he says sometimes. i think he's tough to defend president obama's administration like he would have to do, obviously, he does speak from the heart. he says things in an unscripted way. i think that accounts for a lot of his gaffes. but i think it's also appealing to us in a sense. >> we'll continue this discussion. this is getting interesting. i think trump has gotten stronger as a candidate. and it's showing itself on the campaign trail. good to see you both. thank you. coming up next tonight on "hannity." >> any time you have black rage expressed based on black suffering in the face of white

fear ground in white privilege, that clash is one in which you're going to get hyperbolic rhetoric. >> oh, really? conservative economists dr. thomas sowell is next to weigh in on the black lives movement. citizen's united is seeking the help of the former u.s. citizen general to gain access to hillary's e-mails. can hillary go to jail? we'll examine that next. ducolax provides gentle overnight relief, unlike miralax that can take up to 3 days. dulcolax, designed for dependable relief.

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in that you're going to get in fact some hyperbolic rhetoric. there's no doubt about that. >> you're saying it was only hyperbolic? >> absolutely. >> you can't run for president and not talk about black lives mattering. that's the testimony to the power and strength of this movement. >> just to remind you what they said, this happened in minnesota. >> pigs in a blanket, fry them like bacon! >> here now with his take on the black lives matter movement, author of the brand-new book, "wealth, poverty and politics and international perspective", he is a senior fellow at the hoover institution. our friend thomas sowell is back with us. how you? >> fine. >> why it is controversial to say that all lives matter? how did that become a controversy? >> i'm still working on that. it will be a long time before i figure it out. all lives do matter. >> all lives matter. we as conservatives, we're pro-life. we believes that every life matters. but yet this is apparently a controversial thing to say.

>> well, i think there are people who have the movement and they have their idea of what's going to help. what's painfully tragic already and it's going to get worse if it continues is this notion that only black lives matter. black lives are the ones that are being lost more so than any other lives in this great crusade against the police. just the number of blacks killed additionally compared to last year in baltimore alone is up by some amount far greater than the numbers policemen killed. >> almost 80%. you're 100% right. violent crimes -- especially post the freddie gray michael brown cases, you see police are afraid to do their job. so they're staying back. they're not going into the dangerous neighborhoods. they're not taking on those with guns dealing drugs et cetera. because they fear to do their job. >> absolutely. this is not even new is what gets me. about a decade ago, heather mcdonald did a book called cops

are racists. she points out after the demagogues come out and they start trashing the police and so on, the police pull back. and the net result is the criminal element. then has a freer hand and more blacks will be killed than there were before. so i don't know why you would keep going down that same road when it produces these same results. again and again. >> so let me play for you a democratic candidate. it's not just hillary in the race. she's got her problems as we've been discussing. i want to play former governor o'malley. he said black lives matter. white lives matter. all lives matter. but more importantly. i want you to listen to the crowd reaction. immediately after he says white lives matter, all lives matter. roll the tape. >> every life matters. and that is why this issue is so important. black lives matter. white lives matter. all lives matter.

>> then he apologized for saying all lives matter. but what are those boos tell you, professor? >> i think that this is a movement which has a desire to have power and prominence and logic doesn't mean much to them. i'm afraid that no lives really matter very much to them if they can do this. >> there's a poll that came out today, a rasmussen poll talked about president obama and the issue of race. only 20% of voters believe the president has brought americans of different races together. 47% think that he has driven different races further apart. do you believe that? >> yes. it's part of the whole political polarization. you've got to turn women again men. blacks against whites. workers against employers. the whole bit. because that's how you get more votes and you try to convince as many people as possible that they are victims.

and that only by turning to them can they be safe. because they other people are their enemies. to the extent this works there will be more votes. >> dr. sowell, you're a brilliant writer. you have taught economics at cornell, at ucla, am amherst, at stanford. you're at the hoover institution. you wrote a new book and you talk -- we keep hearing about income inequality lately. this is what you deal with here. you talk about the disparity between nation, cultures, geographic, demographic, cultural imperatives that shape the wealth of nations and individuals. what is the characteristic for the 94 million americans out of the labor force or 50 million americans that are in poverty. 46 million americans on food stamps. those that are not successful? economically? what is the answer? what have you learned? >> well, the most important thing i learned is that when you

consider the factors involved. geographic, cultural, political, et cetera, demographic, there was never any rational basis for expecting even approximate equality of next. when we find that's the case, there's no point in looking for a special villain because that's the way it is. but that doesn't mean that's the way it has to be. because many things have come along. many very poor people have risen to prosperity, sometimes great prosperity. >> all right. so you follow the political races. is there any one candidate out of the republican 17 that grabs your attention the most that you like the most? >> i guess there are two. governor scott walker and governor bobby jindal. and my main reason is that they are people who have done things and have had to take the responsibility for the consequences. >> dr. sowell, good to see you.

thank you for being with us. >> thank you. coming up, speaking of trouble, hillary clinton's campaign, you don't want to miss this, former u.s. solicitor general ted olson is getting involved in the server scandal. he's going to help citizen's united access to all of her e-mails. he joins us next as "hannity," continues. when you booked this trip, you didn't know we had over 11,000 local activities listed on our app. or that you could book them right from your phone. a few weeks ago, you still didn't know if you were gonna go. now the only thing you don't know, is why it took you so long to come here. expedia. technology that connects you to the people and places that matter. i'm sure you know what this meeting is about. yes, a raise. i'm letting you go. i knew that. you see, this is my amerivest managed... balances. no. portfolio. and if doesn't perform well for two consecutive gold.

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v. welcome back to "hannity." lawsuits against the state department are piling up with groups seeking the state department to release hillary clinton's records during her time as secretary of state. one group you might have heard, citizens united has enlisted former u.s. solicitor general ted olson to help gain access to clinton's records. here to explain much more former u.s. solicitor general ted olson, the president of citizens united, not a bad deal having your name on a supreme court decision. i think that's pretty -- >> well, sean, ted won it for me. so we're putting a team back together. >> and ted, how many times have you argued before the supreme court? >> 61. >> that's pretty impressive. you're one of the brightest attorneys in america. extraordinarily bright. tell me the arguments that you will make to get the release of these records and how soon do you think it could happen? >> well, the judge has already ordered many of these records to be produced.

in fact, last may, four months ago, the judge had the parties in front of him. this is judge emmett sullivan, federal district judge in washington, d.c., and he said i'm going to set a schedule. and he looked to both parties. and he said let's work something out that we can agree on. and both sides including the justice department lawyer agreed that september 14th would be a part of the schedule that these documents would be produced on september 14th. that's seven days from today. and the judge specifically said you better be comfortable with that because i'm not going to give any extensions. that's going to be the date. and the justice department lawyer said that's fine. we understand. no extensions. that's the date. so these documents, many of them, are due to be produced next tuesday. >> and we also had the reuters report from earlier tonight, david, where they're going to shift at the state department

about 50 people to bolster the sifting through these e-mails. coupled with the second review now. we have a special intelligence review that in fact shows that she did have classified material, top secret material involving north korea's nuclear arms and satellite photos that she had to have known were classified top secret. >> sure. sure, look. if they want to do that with hillary clinton's documents about classification, i can understand that. and i'll be open-minded to hearing what they have to say. however, the documents that we're expecting next week are cheryl mills and huma abedin documents. i don't think many of those, i'm hopeful that many of those don't have classification review issues. if they want to give it to us in pieces, we're open. but i can tell you, having a stay for four or six months is unacceptable to us. >> i agree with you. and by the way, you started this two years ago. so a lot of credit given to you behind the scenes. ted, i want to ask you this

question. i talked to rudolph giuliani, former prosecutor himself. he has identified 12 to 13 statutes that may have been violated in all of this. you're the expert. you understand the law as well as anybody. what do you see in terms of legal problems she may have? >> there is nobody that would know more than rudolph giuliani. was the associate attorney general at the same time i first served in the justice department, which is the individual responsible for virtually the entire department. he was the prosecutor in new york. he is a very, very careful lawyer. he knows what he is talking about. there are all kinds of laws involved here. now david said that, well, if there is some problem with classification, he can understand how they have to go through the process. these documents that he is entitled to next tuesday, they have known about these documents for four months. they've had plenty of time to go through these things. if they had any issues, they should have raised them with the judge long before this. this motion now to try to delay

everything comes along at the last minute there is very little doubt in my mind that the motion that the justice department and the state department have made to delay everything and before different judge is because they had to produce these documents next week. they did not want david bosse and citizens united to have these documents. so this is a last-ditch effort to take the whole issue away from the judge who has ordered them to be produced. >> wow. maybe a lot of late-night reading next week. guys, thank you for what you're doing. thanks for your hard work, david. we appreciate it. and ted, we'll be watching closely. when we come back, we need your help. the question of the day straight ahead. of two bottles of this bargain brand. a drop of dawn and grease is gone. i-i-i clicked on some links, ugh the kids weren't even home. wait, wait, wait, this changes everything. it's cars.com service & repair feature. so we'll never pay more than we should. well done. research, price, find. get the right service without all the drama.

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welcome back to "hannity". welcome back to "hannity." time for tonight's question of the day. do you think the kentucky county clerk should have been jailed in the first place? let's see. handcuffed, perp walk, mug shotted? i don't think so. unless maybe hillary is next. you never know. we want to know what you think. go to@sean hannity on twitter.

that's all we have left for tonight. we hope you set your dvrs. we take attendance. well miss you when you're not here. hopefully we see you back here tomorrow night. kentucky county clerk kim davis is out, out of jail that is. federal judge ordering her cell door open, setting her free. this after davis spent five days behind bars refusing to provide marriage licenses to same sex couple 's. davis was greeted by a crowd of singing and cheering supporters even breaking down in tears. [cheers and applause] >> i love you all so very much. [cheers and applause]