thanks for watching us tonight. miss megyn is up i am bill o're. please remember the spin stops right here. definitely looking out for you. breaking tonight with less than 48 hours to go before the next big republican presidential candidate debate showdown. welcome to "the kelly file," everyone. i'm megyn kelly. new polling among registered republican voters show two candidates with support, donald trump at 33% and ben carson at 25%.

governor scott walker saying, quote, i think we're going to step it up and be more aggressive this time. senator rand paul saying i am not going to quietly sit by and let the disaster that is donald trump become the nominee. >> stay tuned on november 16th. we may be changing tactics. >> it's important to draw a contrast between myself and donald trump i will or ben carson or anyone else, i will. we begin with a fox news contributor and former chief speech writer for george w. bush along with howard kurtz, host of fox's "media buzz." the stakes for this debate, mark, are now very high as the

candidates who remain below those two seem to see this as a big opportunity. >> it's a big opportunity and a big challenge for them. as you pointed out, ben carson and donald trump together have 53% of the vote. jeb bush has dropped down below 10% and all the candidates combined, if you look at all those pictures at the screen of everybody but ben carson and donald trump, they're all at 41% together. this is a field where all the outsiders are doing well and the politicians are in single digits. >> but there is risk to these candidates, mark, in attacking donald trump because he'll say just about anything in response. >> he will, absolutely. and we can see that in the ugly attack he just had on carly fiorina, who has handled that with incredible class. i think she's poised to have a real breakout performance and she's a threat to donald trump because she's an outsider like

donald trump and ben carson is. she did very well in the undercard debate and she took on donald trump in that debate but he wasn't on the stage to respond. this time he's on the stage, we can see a back-and-forth. she's smart. he's going to have a hard time keeping up with her. >> ben carson is a surgeon but she cuts with a surgeon's precision. governor scott walk ser coer is up in a minute and he spoke to a crowd of 110 people. however, you look at the screen, fox news had it, cnn had it, fox business had it, msnbc had it, wall to wall. we broke away for o'reilly but wall-to-wall coverage. it's a huge advantage for him. >> i can't defend it journalistically.

even trump now jokes that every speech he gives is carried live. and in this environment where it's all trump all the time, many of them are in a position of almost having to attack trump just to get a little ink or air time. but there's a danger here. if creating a moment as we all talk about in the pregame chatter, if it feels false or artificial or staged, there cab backlash. you can't just go out and attack donald trump, you have to wait for a natural moment for a jab. >> when you look at the poll, you can see such a difference on how the core of the base feels about donald trump and the general electorate. the core of the gop base is loving the man and when you take it to the general election, it's a very different story. >> it is a very different story. his numbers on honest and trustworthy are worse than

hillary clinton's. interesting thing in that abc news also found he's effectively tied with hillary clinton in a one-on-one matchup. she has 46%, he has 43%. the issue is usually in an election when a candidate like this is surging, when howard dean was surging in 2004, eventually people say is this person electable, can we win? >> we're going to get to this in our next segment with howie walker. on the subject of electability, this is what we were asking the candidates about in the first round of questioning in the last debate. the reason yours truly asked donald trump about comments about women, he's likely to face a female nominee across the aisle and hillary clinton is already saying she would love to debate donald trump. at what point do you think, if at all that weighs in with the republican primary voters?

so far they like the rhetoric and it's not a deal breaker for them. >> it will be interesting to see how carly fiorina does and how trump handles a jab from a woman the focus on the cnn debate is going to be trump versus whoever. as long as the whoever is carly, jeb or ben -- >> these other candidates are promising to get more air time. you heard what rand paul sad in particular. >> i'm not sure if i agree with howie. if you look at the person who surged out of the last debate, it was ben carson and he didn't take a jab at anybody.

he took a swipe about donald trump the other day and he probably went home and prayed about it and apologized for it. these candidates have to be themselves. they have to make the case. jeb bush has to say here's my case for why i'm going to be president, here's how i'm going to shake up washington. they have to be themselves and present an alternative vision that's appealing the way ben carson did or they'll look desperate. >> trump continued to insult carson saying he's worse than jeb, he's like ambien for insomnia. he said you don't have to be

loud to be infective. >> and the court clerk who was locked up for refusing to issue same-sex marriage license. >> i'm here before you this morning with a seemingly impossible choice, my conscience or my ability to serve the people that i love. obey god or a directive that forces me to disobey god. i'm always there for my daughter. for the little things. and the big milestones.

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breaking tonight, carly fiorina trying to turn the tables on trump. just last week trump attacked carly's looks in a "rolling stone" article saying "look at that face? can you imagine that as the face of our next president?" >> ladies, look at this face and look at all of your faces, the

face of leadership, the face of leadership in our party, the party of women's suffrage. this is the face of a 61-year-old woman i am proud of every year and every wrinkle. >> governor scott walker. he came to fiorina's defense last week and will be on that debate stage last wednesday. governor, good to see you tonight. you came out with a tweet, you've done it before, and said trump's personal attacks against carly fiorina are plain inappropriate and wrong and it's time for these shameless attacks to end. yet they don't end and the american public, at least a good portion of them are embracing donald trump in a big way. why? >> well, i think there's a sense of frustration with washington and so they're looking for

outside voices but in the end i think people don't want this out of the next president. they want with someone who is going to stand up with real solutions and somebody who has actually been tested. that's the case i'm going to make every day and that is if you want someone who has been tested, i've been tested unlike anybody else on that stage, if you want to wreak havoc on washington, we've got real solutions to do that. i just believe in the american people. they want someone who is for something, not just against something and not just about personal attacks. i'm about moving this country forward. >> why did you feel the need to speak out. >> that's why i want to talk about labor reform. >> why did you feel the need to speak out? >> i think people are sick and tired of it. stand up for whatever issues you want. that was part of the initial appeal, not just for him but a couple of the other outsiders.

maybe they're saying things that people here in bars and restaurants across america. but the more they listen to it they say this is not the country that i grew up in. people have different opinions but you don't have to trash talk people to do it. can you stand up and lead. >> today you got up and made a bold proposal when it comes to labor, basically promising to do at the federal level to do what you've done at the state level. of course the afl-cio came out and said his campaign is floundering so he does what he does when he can't think of real solutions, he attacks workers. your thoughts. >> what i attacked was the big government union bosses. of course they're scared of this. why? because every time they tried to intimidate us, we didn't back down. they sent in over 100

protesters, they tried to rico me and our top senators, we didn't back down. what they don't like about this is not just our ideas. they know that i won't back down and i'll actually deliver on this. what they feel the big government union bosses, they feel they're threatened because i'll go after them and any politician they have in their pocket. >> let talk about the poll numbers. they have fallen in your case. the latest quinnipiac poll, it fell 15%. you were 11% on a national basis early on, now you're at 4%. is it time for a change in strategy? >> for us in the 2011 late spring, my numbers were so low, they called me dead man walker.

we talk to what worked. we talked about common sense conservative reforms and showed they worked. i believe if americans want someone who can fight and win, do it without results and without compromising. yeah, he's other guys are interesting right now but in the end people are going to come back to proven results. we can do it in wisconsin, we can do it in washington. >> need a quick answer because we're almost out of time. what's your debate strategy for wednesday quickly? >> be aggressive. show passion, show the kind of energy that got to us that recall victory in wisconsin. if we can do that, we can win in washington. >> governor, it's great to see you. >> thank you, megyn. >> well, the miss america pageant went political when one contestant attacked donald trump last night and praised governor chris christie. governor christie joined us next because we told him we were

going to talk about that. and also dr. phil is here about the latest of an olympian turned escort. >> people are not dumb. they remember that and it doesn't happen. they are sick to death of it. so they say, look, stop a car, go out on a highway and stop a car and put that sons bitch in charge. you would have a better shot.

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breaking tonight with a series of news polls showing trump continuing to do well in early states such as new hampshire and iowa. the man who just wrote a new book on donald trump, michael

d'antonio, the author of "never enough." great to see you tonight. you spent a long time studying donald trump, you spent ten hours interviewing, interviewing his children. it's an unauthorized biography because ultimately he had enough of you. >> he had enough of me because i spoke with someone he didn't approve of. it wasn't you. he's a person who is authentically himself and i think this is the thing that captures people. it's not necessarily what he says but how he says it. and he spent his entire life developing this persona that is now who he is. >> you talk in the book about how he is a very positive thinker. we sao thee that. that is to his credit, no?

>> though dr. peel had deficiencies when had came to psychology, he had some great powerful motives. >> how do you square that with your other conclusion, which is that he likes to play the victim. >> well, he sees everything in personal terms, if you ask him a tough question, if you are want something he wants, he takes it personally. as he told me, i fight back ten times harder than someone who attacks me. >> even when it's just a perceived attack and not an actual wrone. >> you said don't be fooled, donald trump does have a big heart and you talked about the charitable work he's done and what he's done for others. >> he's a personally kind man.

he was very gracious with me. you have to like him when he's in your presence alone. he's extremely charming. the american people will have toe-to-decide if he adds up as a president for them, though. >> the candidates aren't the only ones attacking trump these days. at the miss america pageant, miss alabama took a shot at the front-runner. >> i think donald trump is an entertainer but i think the republican party should be absolutely terrified at all the attention he is taking from incredible candidates like jeb bush and chris christie, who could viabsolutely do the job o president. >> does she raise a good point that the attention he takes from the other candidates is terrifying? >> i don't know if it's terrifying.

it's within thing that donald has always been very good at. we need to do the job. >> you need to be more exciting and then we would cover you more. >> i don't know about that. but right now we have to let people know how frustrated we are, too, by the way the government is failing them. it will come around. >> you want to talk about wall-to-wall coverage, you should have been here for bridge gate. not even trump could beat that. >> the monmouth poll puts you at 2%. trump has 28%. why would voters think can you still make it? >> because it's september, megyn and the election is not held tomorrow and we have campaigns for a reason. we have all this time to campaign so people can really evaluate you. the fact is i don't worry about that stuff. i really don't. >> how do you overcome that

deficit in. >> where was ben carson four weeks ago? he was in single digits. now he's in the 20s. how did that happen? >> the debate people believe. >> we'll have another one wednesday night, another one in october, two in november. those folks in aye war not even close to making up their minds. >> really? >> absolutely. >> why are the numbers so high in favor of trump and carson? >> well, you ask people today. the other thing in those polls they ask people have they definitely made up their mind? you have about a quarter of those people definitely made up their minds, which means 75% of the electorate is still up for grabs. that's pretty good. >> so what is your debate strategy this time around? >> be myself. i think if you try to hard, people see that. that's not what they want in a lead. >> here's a tough question for

you. some of the gop candidates got hit the last time in the press after the debate because donald trump said some things that many found offensive and they said why didn't the other gop candidates stand up and say you know what, that's not trip. would you do that? do you think that's fair to put the burden on the other candidates to call out a candidate on the stage for an answer that's not appropriate? >> if i feel like there's something i want to say, you know me, i've never hesitated for a moment to say it. and if there's something i need to say on wednesday night, i will say it. but we're also running for president of the united states and i think people want to hear about our ideas for the country's future. i've watched this food fight. nobody cares. >> what do you mean? >>. >> do you think people are

sitting around worrying about -- >> the conventional wisdom was trump was hurting jeb with that low energy thing and he needed to fight back. >> they want to see what they're going to do for the country, not should job be speaking spanish a and. >> it may be they don't believe us or like what they're hearing from -- >> i wee have to put on more chris christie. >> your ratings will go through the roof. >> you want ratings? ratings, megyn, total ratings. big, very big. how's that? >> good to be here. thank you very much. >> one of the most controversial women in the country is back at

it today. as the court clerk insists she is not changing her way. governor mike huckabee is next on his role in the race for president and dr. phil is here on the increasingly angry electorate and his interview with the mother, wife and former olympian, who was leading a double life as an escort. >> so if you were with somebody for an hour, you'd get $600, two hours, $1,000. >> and many times huge amounts of tips. helping you fall asleep and stay asleep so your body can heal as you rest. advil pm. for a healing night's sleep. when you do business everywhere, the challenges of keeping everyone working together can quickly become the only thing you think about.

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don't take eliquis if you have an artificial heart valve or abnormal bleeding. if you had a spinal injection while on eliquis call your doctor right away if you have tingling, numbness, or muscle weakness. while taking eliquis, you may bruise more easily... and it may take longer than usual for bleeding to stop. seek immediate medical care for sudden signs of bleeding, like unusual bruising. eliquis may increase your bleeding risk if you take certain medicines. tell your doctor about all planned medical or dental procedures. eliquis treats dvt & pe blood clots. plus had less major bleeding. both made switching to eliquis right for me. ask your doctor if it's right for you. i don't want to have this conflict. i don't want to be in the spotlight and i certainly don't want to be a whipping post. i am no hero. i'm just a person that's been

transformed by the grace of god and who wants to work, be with my family. i just want to serve my neighbors quietly without violating my conscience. >> it was a a defiant kim davis returning to her job today with a message to her critics after being arrested for refusing to issue marriage licenses to same-sex couples. she says she will not sign off on those licenses but she claims she will not stop her co-workers for signing off on those licenses that she believes are unauthorized. the other side says the law is the law and you're on the wrong side of it. even our last guess, governor chris christie thinks that.

>> you know, i understand a lot of people disagree, but if this decision had gone the other way and the supreme court had voted 5-4, the narrowest of margins, very divided that marriage is exactly what barack obama and hillary clinton said it was less than four years ago, a man and a woman, i'm going to ask you something, do you think that the left and all the advocates for same-sex marriage would have said, hey, that's it, that's the law of the land, we'll never bing it up again. >> they'd have to push for change through the legal process as they've been doing for the better part of the last decade. >> what about the legislative process. isn't that how political change is supposed to happen? >> what happened instead is it went up to the courts. now this is becoming a campaign issue. the gop candidates do not see eye to eye on the issue. if you were to win, if you were to become president, huckabee,

how would you protects people like kim davis? >> well, first of all, i would make sure that we recognized that the law and the constitution is explicit on the first amendment guarantee of religious liberty. there is nothing in the constitution whatsoever that gives the federal government jurisdiction over marriage. and that was one of the points that the dissenting justices made. the majority had to come up with this whole idea of the federal oversight of marriage out of thin air. there's nothing in the law, nothing in the constitution. we've got a federal government that's out of control. i think a lot of people are beginning to wake up to the fact that what was created, this magnificent form of government with separation of powers and and branches and checks and balances has gone amuck. >> there's no question people are dissatisfied with

government. >> you bet they are. >> you are going to go on the debate stage in 48 hours. what is your strategy, governor? one of the things that people find surprising is you are not leading in this election with evangelicals this time around, who brought you over the top in iowa yearsing a, who loved you and supported you, trump is leading with them nationwide and carson as leading with them in iowa. >> well, look, i think we're all somewhat baffled by the way that this has gone on so far. i look at it this way. evangelicals are all over the map, a lot of them are going with trump. but this is the dating season, not the marriage season -- >> sorry, keep going, governor. >> i just think we're going to see a lot of changes. we always do. everybody gets all excited about this. it's the middle of september for

god sake. there's a lot of ground to be covered, a lot of debates to be held. i don't think most of us who have ever been in politics get that worried about the polls at this stage of the game. now, if we're looking at these kind of numbers in january, megyn, come talk to me because we've got problems. >> you made a good point. i was married in march. it's not a bad point. governor, it's good to see you as always. >> governor huckabee has been standing up for kim davis since almost day one. our next guest has a different take this case. judge napolitano. >> he worked here and he's a loveable human being. even if he's a little off the wall on the constitution --

>> even if he cray-cray, i love him. >> let me ask you about what is the strongest argument for kim. why shouldn't you give an accommodation to a christian clerk who doesn't want to issue same-sex marriage license? >> she should have an accommodation. she has an objection, she's got to get an accommodation. period end of report. >> as far as i think the issue is now over because same-sex couples can get married in that county. it's just somebody else in that office will be signing the partywork. >> but she didn't really get an accommodation. this is a judge ruling you have to do it clerk's office. >> this is where i think the judge was wrong.

having been there, i can tell you how frustrating it is when you order a litigant, particularly a public official to do something and they say no. what do you do? jail should be a last resort, not a first resort. the court should use the least force necessary, not the most force available to effectuate its will. what do you do? you take away from her office the authority to issue marriage licenses and you give it to somebody down the hall! >> how big of an issue do you think it becomes politically? >> i don't think think it's a big issue politically. >> there are other clerks like her saying they're doing the same thing. >> i know they are. the supreme court has reinforced the law of the land, the battle is over with. whatever-the-think of it, it's history now and clerk davis, just like a president huckabee, if he becomes president, will take an oath to uphold the law, which means the constitution as

the supreme court interprets it. i agree but it's a final meaning -- >> and if you want to push for a constitutional amendment, can you do that. >> it's happened before. >> great to see you. >> we're also going to hear from dr. phil tonight, who has a theory on why the voters are so damn angry. plus, we will get a sneak peek of his unbelievable interview. do you remember this woman, suzy favor hamilton, emphasis on favor? the mother, former olympian who was moonlighting as a very pr e pricpric pricpric pricey las vegas escort. >> what were your rates? >> my rates were $600 an hour. you have to understand the money part of being an escort fueled my mania.

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have you ever thought, "i could never do that"?

have you ever thought... you just didn't have anything left in the tank? well - you do. because the courage is already inside. in poll after poll it is clear that the american people are fed up with washington. voter dissatisfaction is clear the roof. what is it that is making americans so angry? earlier i posed that an question to one of my idols, dr. phil

mcgraw, a psychologist and host of "dr. phil," number one syndicated program. great to see you, sir. >> great to see you. >> what do you think is behind that, the anger and the extent to which the public is fed up with washington? >> that's just it, i think they're fed up with it. if you were to go back and look at all the campaign promises, all the change that's going to come out and it doesn't happen, they are sick to death of it. so they say, look, stop a car, go out on a highway and stop a car and put that son bitch in charge and you'd have a better shot. miss america, they got 50 choices. we get two? come on. just go pick somebody and let's get somebody that doesn't have a bunch of ious when they take the

job because everybody sells their souls when they take the job. >> do you think that's what's behind trump, he keeps saying he has a lot money, he not beholden to everybody. >> there's a lot of things being said that some people want to vent about. not all people. but there's a lot of adjectives and not many verbs, a lot of adjectives, but listen to the verbs. what are you going to do? that's what i'm listening for is some verbs. >> obviously donald trump and his non-inside-the-beltway messaging has appealed to a lot of people. other people have described him as a bully. what is your voice, trump or not trump, what is your advice for those out there who feel bullied? >> you got to take their power

away. when you poke somebody with a stick and they jump, then the bully likes to poke with the stick. when they stop jumping, they stop poking. they're looking for a reaction. i think the worst thing you can do it take the bait. the best thing can you do is flip it on them. >> let's talk about a well-known athlete by the name of susie favor hamilton, who was the star runner. she never won the olympics but she won all sorts of other competitions. unbeknownst it the world, she became a married another and call girl, all at the same time, and incredibly with her husband's knowledge and approval. she's going on the dr. phil show on tuesday. and she tells her entire story to him. let's set it up with a clip because as he always does, he asked the most relevant question

when i was how? how? watch. >> the biggest question on everybody's mind as they watch this interview, as they read the book is how could a mother, a wife, a world class athlete, an olympian end up advertising herself as a high classical girl on the internet hooking up with men in vegas, l.a., chicago. how did that happen sp. >> it started on our 20th wedding anniversary and we wanted to do something fun, crazy. so we decided to jump out of an airplane in vegas and then we decided probably, more me, that we wanted to make this fantasy that people talk about come true. and so we arranged a threesome. we had the threesome. afterwards i was amazed how fantastic this experience was and i kept telling mark, don't you feel different? so i had like this life changing

moment after that threesome. >> how does having a threesome get on your bucket list? why that instead of going on an african safari, exploring caves? >> i've always been a very sexual person. my husband and i always explored different things, we were part of the mile high club. that was always who i was. we just thought let's spice it it up. believe it or not, a lot of people have threesomes. when i got into escorting, i saw that. >> you knew at that moment that wasn't a one-time deal for you. >> i knew i was going to come back to saying gas avegas and h. >> good times. >> there's more to the story. she's a mother living in wisconsin, two kids. she's given promotional speeches for disney. >> wow. >> i mean, disney.

and she's doing this a lot. so mother, wife, suburbs. you know, she's living the dream, right? and so she decides she's going to go off and do this. her husband says, okay. >> what does that say about him? >> he's part of the show. >> whose behavior is more bizarre. >> i said forget dr. phil, just husband to husband, you got to tell me, under what theory does this make sense? is there any other way to put it? >> pretty soon it was a twosome, susie favor hamilton and some other unknown dude and he was cut out it have all together and paying her. >> and he was driving her sometimes to these appointments. >> unbelievable. that's on tomorrow. up next, i get a chance to turn the tables a bit and ask the good doctor about himself before he shares some advice for anyone looking for a little light at the end of the tunnel.

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dr. phil's interviewed countless americans about some of their darkest troubles. today i got the chance to ask him how that job affects him. and he offered some advice for anyone who may be feeling a little hopeless right now. some days you go to the darkest corners of the country and the darkest stories there are. does it still affect you? does it depress you ever? >> it doesn't bother me at all. you know, it does -- you get sometimes you got to learn to compartmentalize it. you either look at it like you deal with problems all day or you deal with solutions all day. that's not just semantics. this show we did yesterday with

this woman that had her baby cut from her stomach at seven months by a woman she met on craigslist, that was really a story of victory and survival and triumph. and i looked at that young woman and i thought, wow. what guts. i mean, to hang in and fight for her life and get to that phone and get help and then start piecing her psyche back together to the point that she can live a life and put one foot in front of the other and dig her way out of this. it was inspirational. >> this last question, and this is one of the reasons why i ask that. i think a lot of people look at the news today and they feel depressed. you know, they're mired in it in a different way. maybe it's not one woman'sy, bud it's isis and it's just more and more bad news and politicians sniping at each other and so on.

and what advice do you have for those people who feel down about it, who feel hopeless about the future of the country and the current state of it? >> you can get overwhelmed by what you expose yourself to. you got to be careful what you spend your time focusing on. if you spend your time focusing on messages of dread and doom, you're going to walk away feeling dread and doom. but let me tell you something, i've been walking around new york today. it's a beautiful day out there. it's a chamber of commerce day. i'm walking down the streets and police officers are yelling and waving. we're taking pictures and joking and laughing. i hear all these messages about how horrible law enforcement is in america. these are brave men and women that stand in the gap between us and harm's way. and i celebrate those people every day. we should celebrate them every day. you just got to think about balancing your life. i think that's important. there's a lot of good going on. look at my two grandchildren.

and i think if this is the future of our country, i feel good about it. they're smart, they're bright. if we just don't screw them up. >> amen to that. great to see you. >> examine good to see you. dr. phil and his no nonsense message has been very helpful to yours truly in, life, and love and otherwise. check out your local listings. we'll be right back. plaque psoriasis... ...isn't it time to let the...

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carson, carly fiorina and brit hume. i'm megyn kelly. i know that feeling of looking at your kids and feeling so hopeful. don't you? thanks for watching. tonight -- >> i'm going to make this country great again. i'm going to make this country greater than it has ever been before. >> donald trump and dr. benjamin carson surge in new polls while hillary clinton plummets. then the tech company that managed hillary clinton's private server reportedly says it may not have been wiped clean. >> like with a cloth or something? >> rudy giuliani is here tonight to react. >> i'm suspending my campaign for the presidency of the united states. >> and former texas governor rick perry becomes the first republican candidate to drop out of the 2016 race.