we'll hash it out with them right here. again, thanks for watching us tonight. please remember, definitely looking out. >> breaking tonight, brand new 2016. fox news polling showing little change for front runner donald trump. dr. ben carson carlie fiorina start moving up. welcome to the kelly file everyone. i'm megyn kelly. take a look at what is happening on the other hand with dr. ben carson carlie fiorina and senator rubio. bold moves have led to significant gains. we also have dramatic new

numbers on how everyone did at that debate. we want to bring in fox news digital politics editor who served under george w. bush and also co-host as the five here right on fnc. donald trump is still the front runner and hasn't lost any. in fact gained a point from our last poll. but the line for him looks like this. and what does it tell us? >> well, it tells us that actually it's the exact same vote share he had before. so for seven weeks, donald trump has sat in the front of the pac of the republican party. he looks to be short of doing what mitt romney was doing in the 2012 election was. he got out to a lead and he's trying to hit on it. he's trying to run out the clock. but he's got a lot of clock to run out. now, as jeb bush continues to -- low energy -- he's sliding to sixth in the poll and now trump has a real problem. ben carson he's

got carlie fiorina and carson is willing to go places that trump is not willing to go. >> if you look at the polling numbers, they're going up for some and staying the same for trump. fiorina has gone up rubio has gone up. trump is up one, carson is up six. so their trending is looking better. >> i think for donald trump, he was in such a high position anyway it's probably going to be hard to increase that beyond where he was everyone at that point.

people are still shopping around. there's a lot of buzz around everyone people thinking they could have supported somebody else. thinking this rubio, keep an eye on him. >> the attacks from donald trump against jeb bush as well as at the debate. >> >>. >> this is the first real poll we've seen on how people feel the candidates did. people have been pointing to these online polls. those are online polls. if i don't like it can't i just say this guy? this guy? this guy? blah, blah, blah. so we don't everyone cite those on fox news. however, this is a real poll that says how people did in the

debate and how people think they did? >> everybody agrees on that. every matrix. >> remember when we look at things like this if you like a candidate, you're more prone to like what they did in the debate. a lot of people said she wasn't their pick. that's good news for her. it means that they're open to her. again, voters say just as they did after our debate the greatest numbers of voters say that's just reflective of how many dislike him inside the party. >> but he's a front runner of the republican party. and, yet, more people thought he lost than they thought anyone else lost. basically, 30% thought he lost the debate which is higher than anybody else. >> slice the republican party in

the thirds. you've got a third who do not want donald trump. you've got a third who want him or are open to the idea of him. and then dana says waiting and seeing to find out what's going to go on. as truch looks at how you get to the win from here, he's got to find a way to change minds in that swing third. he's not going to be able to do it if he keeps running reruns. he's going to be stuck. lindsay graham. he was at zero. and now he's at zero. however, he did have a pretty good debate. >> 0.0, son. >> i think you can look at the bottom seven. you look at the bottom seven, and i think that all of those campaigns could probably see

themselves closing out before thanksgiving. >> how long can you run for president? zero like you. >> nobody wants you. >> first of all, cost benefit analysis, right sn so what are they getting at if they're getting around? >> their message. >> lindsay graham says at least i'm getting people to talk about isis. >> rand paul is down to two from three. >> these people are going to have to make a choice very soon. >> great to see you both. thank you. you just saw the new numbers among those moving up fast.

rich lowry and chris are here next with where this fight could be headed. plus breaking news on hillary clinton, the f.b.i. and what they're finding on the computer server she thought she wiped clean. and then the kentucky clerk speaks about what happened in jail. the new threat to her freedom and how she is handling the attacks. >> so many people have an opinion now on kim davis. how do you think you've connell out of it? villain or heroin? ♪ ♪ ♪ ♪ hp instant ink can save you up to 50% on ink delivered to your door

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breaking tonight, donald trump and carlie fiorina as both clash on the campaign trail. >> a leader always challenges the status quo. a leader is not how big your office or helicopter or egois. leadership is about service. >> now, carlie is out there fighting like hell to raise

money. she's trying to raise money. i don't know she doesn't want to spend her own money. and her business career was a disaster. and nobody wants to say it. they say you can't say that because it's sexist. >> joining me now, chris lowry. great to see you both. so let's start with that. people say it's sexist to say her business career was a disaster. has anyone disputed that? >> no, no one disputes that. she's become a much bigger target. and i think part of what's going on here is that last debate. let's be honest. carlie cut his balls off with the decision. he noted -- he knows that he insulted and bolted his way to the top of the polls. no one was able to bet them ever except for this tough lady

on that stage. and it must kill him. he must be simmering about it to this night. >> you need to come out of your shell, buddy. well, first off, you know, look. they both went at each other. they both have very good business and track records in the business world. and both have appeal because they're not part of the problem. what struck me the most is this political atmosphere. the latest got a drop out of the race with scott walker. who do i love? i love scott walker. hey, we all need to unite to take out donald trump. i think a lot of the country is saying hey, republicans, concentrate on that other party that's been destroying the country for the last seven years.

>> trump comes out and people say he's a sexist because people say carlie had difficulties in her business career. that's not true. people say he's sexist because he made fun of her face. even remarks like the one we just played. you listen to her pitter patter for more than five minutes and she gives you a headache. those are known as sort of code words for this woman drives me nuts because of you know, we've heard these things before. >> the idea that nobody else is firing on trump in this whole thing is ludicrous. everybody's taking shots. they're all firing. he's a front runner for crying out loud. kpept for ted cruz. but the fact that everybody is just behaving civilly and donald

trump is the only one out there giving cannon fires is not true. but, you know sooner or later, this is all going to work out in the wash. i still have a hard time forgiving chris christie for 2012. but even he had a big time debate. >> you tell me one thick before i let you go, rich. does this dispute tell us that she's a real contender? >> i think so. she is gaining on him. and she's gaining on that outsider lane that we've talked about. and she's gotten under his skin. clearly: you know trump is -- he doesn't like being challenged. he doesn't like being criticized. and he's lashing out. and he says she's always repeating herself. he repeats himself constantly.

except he never really says anything. >> guys this could be a come pett >> great to see you both. also tonight, hillary clinton appeared to be caught in a doozie. bill burr ton is next on that. plus our kelly file exclusive. kim davis will talk to us about the decisions she made as the county clerk is puts at the center of a religious freedom fire storm. >> did you understand in that moment the consequences of saying no? that it could ultimately lead to you going to jail?

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hillary clinton appears to be caught in a doozie tonight. >> when we were asked from the state department for other secretaries of state. we provided all of them. >> in fact mrs. clinton documents were saugt by state, specifically from her and only her, long before those are the other secretaries. and it was not general recordkeeping. it was in response to a general investigation on benghazi. the request came to her and her alone three months before they saw documents. >> good evening. i think that -- obviously, there was this request. but there also was requests to other secretaries.

i hear this e-mail controversy is going to keep going because there are people who will never stop it from continuing to keep going. >> i agree. let me just start. the poll shows that the democrats think that hillary clinton is lying. the reason they say that, bill, is because of things like this. that was just not true what she said on the sunday show. it was not true. that is when state realized holy lord we don't have any of her e-mails. >> but they also didn't have any of the other former secretary of state e-mails. i'm not just trying to move. i think there's going to be plenty of time for people to

look at the e-mails, to decide whether or not this has an impact of what kind of president she would be. at the end of the day, i think the american people are looking at who's talking about the issue that is matter to them and their lives. this issue is just not going to rise to that level. >> here's my other question. her poll, 33 pbts. %. it's getting kind of tight. do you think she has cause for concern? >> i've been looking at the polls, too. it's interesting. barack obama was not leading in the polls until february of 2008. so months and months from where we are now. i think it's important to note for all the e-mail stories that have been written for the 16 republican candidates a number that's changing who have been attacking her, there is no other

candidate who you would rather be than hillary clinton. >> back in 2008, 44% believed clinton would be our next president. 6% believed barack obama would be. >> a lot of those people weren't even on the obama campaign. >> great to see you. >> good to see you. >> up next, our kim davis exclusive. as she sits down with your exclusive to tell us the back story of what went with this. >> why are you not issuing marriage licenses today? >> because i'm not. >> when we come back we'll be having that exchange from them. >> what was the hardest part for you, kim? >> what about my family?

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. breaking tonight, we're awaiting a new court ruling filed against kim davis. the woman at the center of a recent standoff. the story exploded a few weeks back. it shows kim telling a gay couple she would not give them a marriage license. within days kim davis found herself in jail for refusing to order the licenses a judge issues. tonight, for the first time in a cable news exclusive, we will speak with kim about her faith, this fight and a new threat to her freedom. also for the first time joined

by the couple who confronted kim davis. but, first, the latest on the new twist in this dramatic story. >> megan, the bible belt runs right through kentucky. but davis didn't become a christian until 4 1/2 years ago. >> when she was sworn in kim davis was following in the footsteps of her mother. 26 of those years, kim davis served as her mother's deputy clerk. she vowed to follow the letter of the law.

>> why are you not issuing marriage licenses today? >> because i'm not. >> to many, she was a hero. to many she was a hypocrite. critics wonder how a woman married four times to three different men had the right to pass judgment on who was allowed to get married. >> davis was ordered by a federal court and appeals court to issue gay marriage licenses. but she wouldn't budge, saying "i have no animosity toward anyone and harbor no ill will. to me this has never been a gay or lesbian issue. it is about marriage and god's word. it is a matter of religious dignity.

a judge didn't buy it she was charged with contempt and spent six days in jail. >> please help me welcome to the stage, kim davis. ♪ rising up ♪ ♪ back on my feet ♪ >> we serve a living god. who knows exactly where each and every one of us are at. just keep on pressing. don't let down. he is here. >> davis vowed not to interfere with a caveat. >> houf any unauthorized license that they issue will not have my name my title or my authority on it. instead, the license will say that they are issued pursuant to a federal court order. >> but the aclu is accusing kim davis of changing the documentation.

they believe she's violated the federal court order and should be thrown back in jail. >> so much media coverage. so much people have an opinion now on kim daily vis. how do you think you eve come out of it today? villain? or heroin? >> what do you think the public perception of you is now? do you feel like most people are with you or are not? >> i get mail and phone calls saying that they support me praying for me just you know really wanting to encourage me.

i guess it just depends what side of the argument that you're on. >> was there a moment you remember a moment where you said to yourself no, i'm not doing that. >> i started in january after i got elected. every senator that we had in our state, while they still had time on the floor for this year begging them to get legislation on the floor to protect clerks like myself and many others who had religious objections. moral conflicts with this issue. i got one response. >> and that moment that we seen in the video tape where the couple asked you for the license, and you were not issuing lientss to any couples.

that was the equal treatment that you were giving. >> so they knew what the answer was going to be. and you believe they were looking for a confrontation? >> sure. sure. there was a media swarm around them. >> did you understand in that moment the consequences of saying no? that it could ultimately lead you going to jail? did that enter your mind? jail? >> yeah. >> so you understood -- >> quite definitely. but did you ever think it would actually happen?in 2015, no. >> i mean have we come into a

place that we can accommodate everybody? that we can't agree to disagree and still have respect for each other? for me you know just like that video showed. it's never been a gay or leez bee yan issue for me. >> many people have asked why not just resign at that point. >> why should i have to quit a job that i love. that i'm good at. i've been an county employee and served the public well for over 26 years before i got elected. it just comes back to they can accommodate all sorts of other issues. and we ask for one simple accommodation, and we cannot

receive it? it just doesn't seem right. >> the couple at the center of the confrontation. they are here with their side of the story, too. >> were you looking fr a con confrontation when you went in there? st like eddie, the first step to reaching your retirement goals is to visualize them. then, let the principal help you get there. join us as we celebrate eddie's retirement, and start planning your own.

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>> what religious doctrine or faith do you feel compels you not to do this. >> the religious faith says one man, one woman. that's what rules my faith, you know. >> now, you've heard your critics say that you, too, are a sinner. that you had an affair while married. that he look at you and say who are you to judge others? >> i've not judged anybody. i give my life to christ. my sins are forgiven. they are thrown into a sea of forgetfulness from the time i gave my life to him.

we're all flesh, maybe we say things we shouldn't say or get angry without cause. that's what repentance is all about. you ask god to forgive you. and you vow not to do it anymore. but we are flesh. to say that i'm a sinner you know, that's somebody judging me. >> what about the couple with whom you had the confrontation. they said we felt humiliated. can you understand that point of view? >> when they first came in, they demanded that i talk to them. nothing would do them. and they had cameras going and everything. so when i was talking to them they wanted to know why i would not issue a marriage license. and i simply told them that when god created earth, he spoke

everything in existence. >> they said they went to get their marriage license per sunt to the law and they didn't want a lecture in religion. >> they wanted to know the issue why i didn't issue one and i gave them the reason. >> the argument is if we're going to give a religious accommodation to kim davis, then we're going to have to give a religious accommodation to untold numbers. >> can you understand that argument? >> i could if that was the argument. marriage is defined by man and a woman. it's not defined as black and white. i'm just talking about marriage

in general. so the critics say this is a slippery slope. we may have to do it for a bunch of people. >> you have millions of christians reject this whole same-sex issue. >> in 2015 when a county clerk

can go to jail i have to question his statement. >> you wind up getting word you're going to jail. describe the moment you learned you were going? >>. >> there was a flood of emotions, of course. when the marshals came around and i stood up and i walked out with grace. >> not knowing how long you were going to be in jail for. >> how long was it going the take? >> i would stay until january if that's when legislation was put in. >> you could have been there up to a year did you know that? >> it didn't matter. i vowed to serve him with every bit of strength i had. and, to me that's a vow i want to keep. it's a help or hell issue for me.

even whooil you're sitting in a jail cell alone. >> were you allowed to talk to anybody? >> i was by myself. so i talked to the lord. >> was it humbling? >> yeah. >> somebody can see you at all times, there's no privacy. you've an elected official of your county. >> i never imagined. just standing up for your belief would lead to this. >> so you get out after six days. and there's an agreement that

the deputy clerks have issued this. >> huckabee had cruises there x as well. you received this huge welcome. describe that moment. what was that like for you? >> kim will answer that when we come back. and i will ask her if she's prepared to go to jail again. plus later, the couple that put a spotlight on a small kentucky town is here with their side of the story. and it may surprise you.

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when you came out of the jail and there's governor huckabee, eye of the tiger is playing. you receive this huge welcome. describe that moment. what was that like for you? >> well the presence of god was very strong there. it was overwhelming. and it was -- i was totally unprepared for that. actually that day, i was prepared to have a visitation from governor huckabee. >> when you went out there and you saw all of the people did you feel supported? >> yes, it was like electric up there. >> and, yet, i'm sure it wasn't too long there after that you learned not everyone was cheering. there has been severe backlash.

we showed a clip of some women on tv calling you a monster. mocking your appearance, mocking the appearance of your husband. how did that make you peel? >> i don't watch this stuff so i've not seen any of it. i want to keep it that way. but what people say about me does not define who i am. it doesn't make me the person that i am. my god has transformed me. and that's what they don't understand. they have a different view than i have. >> what was the hardest part for you? >> for me the hardest part is when the judge called

i told them my conscious is mine and yours is yours. you'll have to make a decision. i love you all. sheep to the slaughter. >> and yet if your child were gay or lesbian -- >> i wouldn't write them a marriage license, no way. >> how would you explain that? >> i would love them because i love all people. but i would not write them a marriage license. >> and to those who say, she must have hatred in her heart this is bigotry. >> no that's me that don't know me. i have love in my heart for everyone. everyone has a soul, megyn and that's what we're bound as christians to pray for. there were people that got death sentences and it tore my heart out. i don't understand god, why these people are suing me. >> you're prepared to go back to

jail if that's what it takes? >> whatever the cost. >> what do you think is the lesson here kim? >> i had received a letter a request from a little girl in second grade. she wrote me e-mail and asked me if i could just write her something about my office. and i wrote back to her, not even knowing this was even in her eyes and i told her that as a young lady one person can make a difference. and i got that out the other day. i actually found that by mistake. and i read through that. and i thought, oh my. one person can make a difference. if one person is willing to step out in faith and exercise their faith, one person can make a difference. >> thank you. >> thank you. >> as we mentioned, the kim davis scandal started with a showdown earlier this month when

she refused to issue a marriage license to a gay couple. the exchange was caught on camera. watch. >> call the police. you can call the police. i pay your salary. i pay your salary! >> we pay you. >> i'm play peaying you to discriminate against me. that's what i'm paying for. i'm paying for this memory with my partner that i've been with 17 years. what's the longest you've been with someone. >> i've asked you to leave. >> i'm not leaving. >> you are more than welcome to stay. step away from the counter. >> no. we're not leaving until we have a license. we're not leaving until we have a license. >> do your job. do your job. >> we'll call the police and arrest you. >> do juror job. >> call the police. call the police! >> yesterday, i spoke with the men in that video. david moore and dave earnmeld.

were you looking for a confrontation when you went in there? >> we were going in there for a marriage license. we actually went in there was another couple that was in front of us. and we saw them get denied right in front of us. and that really was upsetting to see that. we went up to the counter anyways, and kim davis was actually hiding in her office. she came out to talk to us. i didn't really know what to expect. i really thought we would get a license that day. i thought there was a good chance. >> what did you think, david, when she said under god's authority and you said you know that's not my god. >> if someone were to look at that video really closely and look at the demeanor that kim davis had that day when she said that it was quite nasty, to be quite frank with you. i didn't expect that -- i guess i should have expected it but i didn't expect it would be so direct. i was upset. that was very bothersome. actually what bothered me more than saying under god's authority was when she said that

we were going to have to be held accountable at one point in time is what she -- and i'm paraphrasing there a little bit is what she stated. i didn't go to the county clerk's office to get a lecture on religion. i went there for a marriage license. >> what is that like to be denied the license after being together 17 years? >> it's humiliating, to be quite frank with you. i don't know that anybody would want to experience what we went through, what should have really been a ten-minute issue. we walk in get a license, go out, start planning our wedding, get itted or ed orordaned, it became a big issue. it was not the best experience i would say. >> what did you thing when she was hauled off to jail. did you want to see her go to jail? >> no we didn't want to see her go to jail. in fact i remember the day that it happened and i saw the image, and i was surprised.

and i did not feel good. david -- we talked about it that night, and david was upset. and i was upset. that's not what we wanted. but i don't know what the answer is. >> to those who say she deserves an accomodation she can have your rights and she can have her beliefs and she deserves and accomodation what say you? >> well she still has the right to her religious beliefs just like we have the rights to our religious beliefs. it's when you try to impose the beliefs on other people that's when there's an issue. i don't think there should be an accomodation. >> do you have any desire to see her go back to jail? >> i don't, no. >> i would just want to see her do her job. you know everybody just wants to see that happen. they want to see her do her job and we don't have to work around her or make accomodations or if she can't do her job, then let someone else do it. >> do you have like the baker

and the photographer secured? are we headed for more potential trouble? >> i called the florist today. they're absolutely fine with it. the bakery we still have to straighten out. >> we'll figure it out. we're going to figure it all out. >> with the florist today. >> it very well may be. >> all the best to you both. thank you for being on with us and telling us your story. >> thank you, megyn. >> thank you, megyn. (patrick 2) how about 20? (patrick 1) how about done? (patrick 2) that's the kind of control i like... ...and that's what they give me at national car rental. i can choose any car in the aisle i want- without having to ask anyone. who better to be the boss of you... (patrick 1)than me. i mean you...us. (vo) go national. go like a pro.

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do you think kim davis should have been forced to issue those same-sex marriage licenses? let me know what you think. thanks for watching. i'm megyn kelly. this is "the kelly file." tonight -- >> do you believe that shariah law should be above the u.s. constitution? >> yes. yes. >> a special "hannity" investigation. do american muz lips think shariah law supersedes the u.s. constitution? >> i take responsibility for that decision. and i want to be as transparent as possible. >> then new reports say the fbi has recovered some of hillary clinton's deleted e-mails. so what was hillary hiding and how much trouble could she be in? ed henry tonight has a full report. and violence surges in cities like chicago, yet president obama continues to stand by in silence. sheriff david clarke is here tonight with reaction.