pecksniffian when writing. miss megyn is next. please remember, the spin stops here.dededededededededededededer you. breaking tonight, three new polls showing which is moves in the republican field. and for the first time in three months, one national poll showing a new man on top. welcome to "the kelly file," everyone. i'm megyn kelly. new polling from investors business daily has dr. ben carson in first place at 24% in a national survey. only the second time carson has ever been on top, and the first time someone has bested donald trump since july. a dive by nbc news and "the wall street journal" shows an increasingly competitive field. trump remains in first place, but carly fiorina has surged ten points and taken second.

and jeb bush is in third there. in iowa, the republicans there tell the same story. a major tightening between the top contenders. trump holds the lead but it narrows with the number of candidates gaining new hawkeye support since september. the largest surge is from fiorina, but carson is still in second position there, five points behind trump in iowa. we have two republican presidential candidates, including carly fiorina, the woman now surging, and senator marco rubio, also showing new strength. but we begin with the host of media buzz. good to see you both. investors business daily. dana blaten tells us whether this is legitimate or not. she says this is okay, we can cite it. this is the first time we've seen trump in anything but the top position in months. what do you make of it? >> when donald trump came into the race, people said he's not

for real, this isn't going to work. he shoots at the top, stays stable. ben carson gets sort of drowned out. i'm sure for many in the republican establishment, they would prefer the person surging in this poll was not ben carson, because he's not exactly their idea. but here's what it demonstrates. ben carson has got a momentum and energy to this campaign that defies so much of what has been defined and written about. what we are supposed to see, what is supposed to happen. and it's sort of to this point where you have to say let's see where this goes. >> what has happened for trump, he's obviously still the front runner in every other poll. but he had 30.5% on september 19th. he had 30% in the national polling. and now he's fallen considerably in this poll. what do you make of it? >> i think that national poll may be a bit of an outlier, but there is no way that donald trump was going to be able to continue to dominate every poll

of every campaign conversation every day. so what's happened is some of the novelty factor may have worn off with trump. so then you have carly fiorina and ben carson and the only practicing card carrying politician in the bunch, marco rubio becoming better known. >> by the way, chris, with all due respect to dana, they only polled 377 registered republicans. is that enough? >> i mean, it's a poll. it's a data point. this could be an outlier, this could be a prediction of things to come. but when we couple it with other national polls and what you just showed in new hampshire, what you showed in iowa, this race is shifting. so after a long period of stasis in which it was trump and everybody else, we are starting to see the stratification and

starting to see this emerge. >> what does trump do at this point? he has almost 100% name recognition. >> he did flip at once. he was 60/30. the republicans said we don't like him, but he flipped it. over time he's given a substantial amount of that back. whether or not he can -- he has two choices. he's either going to go back into reruns, he'll start a feud, he'll go on twitter and go crazy and hope he can get more attention, more media coverage of the media coverage. or he's going to keep doing what he started to do, reach into his own pocket, spend the money it will take to build a real campaign, so when he suffers the fall to earth that every candidate suffers, that when it hurts he'll be able to bounce back like other candidates have done that have gone through lean

times. >> carly fiorina is surging, but she's at 8%. so trump has triple her numbers in iowa. so it's nice to surge, but it's better if you can have triple the numbers, right? how does she translate her surge into actual winning? >> considering where she started from, where she was an asterisks in this race and couldn't even get into the first primetime debate, she's made tremendous progress. but not only is trump on top, but what counts here are the state by state polls. so he's got a five-point lead in iowa and new hampshire. if donald trump wins those first two states, he will be hard to catch. a lot of the skeptics and trump disparagers say, he's recently say if my poll numbers collapse, i'll go back to my business and people are saying he's not serious. all he's doing is being candid. >> he said i'll admit defeat and

get out. we have candidates polling at zero and refuse to get out. it comes down to first iowa, then new hampshire, then south carolina. can you win the republican nomination if you don't win one of those? >> no, you have to win an early state. >> you do? >> so you have february and then march. march is a goat roping. anything can happen in march. you have early primaries, then super duper tuesday. march is crazy. but february is when it's clear, open field running. you've got three big ones. iowa, new hampshire, south carolina. if you don't have a one in one of those states, you do not have a calling card to get into the next round. this will end up as a two-person race going down the stretch. >> when are we going to know, by easter? >> what if we could have the fox

news channel do a debate in like, i don't know, late january let's say right before the iowa caucuses. that might be promising. >> i think i'm getting a call tomorrow. great to see you both. >> bye. as carly fiorina as climbed in these polls, she's getting a lot more scrutiny. wait until you see what we just saw on another channel. and tonight, we'll ask her about a controversial new report that goes right to the heart of her reputation. plus, breaking news tonight on the russian military buildup in the middle east. with new evidence that russian soldiers and heavy artillery now streaming into syria. colonel tony shaffer is next on that. and then marco rubio will explain why he thinks the u.s. could be heading for a second cold war with russia. and whether a popular tv show just turned up the pressure on president obama's middle east policy. >> i'm asking, is our strategy

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breaking tonight. new evidence that russia is taking its military campaign in the mideast to a dangerous new level. the kremlin not only increased the number of air strikes over the weekend, but reports suggest that russian ground troops are now scretreaming into syria, as well as. it's not just troops crossing the border. those rocket systems are considered extremely accurate and lethal and four are now in syria under russian control. russia has been insisting a large ground offensive is not likely, but one u.s. official told fox news you don't bring that kind of stuff unless you plan to use it. colonel tony shaffer is a senior fellow at the london center and pete heckseth is a iraq war veteran. what we've seen in terms of the russian effort is similar to what we saw last week. we'll put the board

where you can see the targets. see that yellow area? that's controlled by the rebels. that's where all the little red strikes are, mostly in that rebel controlled area. the green is controlled by isis. two. two efforts there. everything else is focused on the rebels. so the thought, colonel, is they did a couple for good measure, but they're getting the rebels out there to prop up assad. why do we care? >> we have to care. ungoverned space is what isis has thrived in. so as much as it may be disdainful to the president, because president is all of a sudden going against his plans, they need to stabilize syria. so let us not be fooled for a minute. putin is doing this for putin's own interests. if you will, it's almost a damascus pact, and yes, megyn, absolutely. whatever he is bringing, he's going to use. he has his special forces on the ground, he has electronic warfare units moving in to do

the counterpropaganda. they are dead serious about going in and doing frankly some of the things we should have done a year ago. >> so putin is basically going to have control of syria soon and we're not. we're being forced out of the middle east, which is the thing that concerns most analysts, that it's not just our adversaries, that someone is gaining more power and we're losing it. >> and we have a president that says he wants to work with president putin, when our goals are punishmently misaligned. our president hopes that putin gets stuck in a quagmire and isis falls under the weight themselves. hope the rebels make advances. hope that assad doesn't maintain control. a rebels training program that is effectively handing weapons over to the bad guys. we are not leading at all, and putin is taking advantage to

reassert russia's influence in that region. we're seeing a geopolitical shift in power, so it's not that putin is strong, but he's seizing legitimacy and he's going to affect the outcome there much more than we are because he has the troops on the ground. >> it's not all bad, is it? russia has taken out some isis. >> that's the issue. general dunford said russia is our biggest threat on the planet. i agree with this completely. with that said, we have to recognize that we have been ineffective. we broke this story about two weeks ago. one of the categories of intelligence that centcomm has been fudging is the targeting. some of the targets that putin has taken out are the ones our intelligence analysts recommended and were vetoed by the white house. so let me be clear, as much as

this is bad by the fact that putin is going both ways, taking out the people we trained as well as isis, his job is to stabilize an ally, do what allies do with allies and stabilize assad. so we'll be sitting here on the side, scratching our head, what do we do next and we have to be concerned about two years from now when putin is sitting in egypt, what the egyptian president is saying. we need to be concerned about this. >> people look at the situation and say, syria, it's not like we were bffs with them. so if it's going to hell in a hand basket, why should the american people get that concerned? >> there are very real reasons for them to. if we're not leading, someone else is. in this case it's vladamir putin and he doesn't care what we think, doesn't want a strong america. and iran, a shia led iraq, and

russia, that's an axis that doesn't have our best interests in mind, and they're going to spread that influence. isis is taking advantage of that. they're okay with isis being where it is, because isis, if they can beat back the rebels and maintain assad's power there, they have a balance of power with isis doing their thing that they're okay with. >> i'm glad they took that video down, but it was freaking me out. colonel, last word on the implications here and what the united states needs to do in your view. >> win. come on, we have the greatest military on the face of the earth. we have chosen to not only half step. we have chosen to allow for this situation to develop. president obama got caught with his pants down. he wants isis to destabilize assad so assad will fall, at the same time trying to do things to destroy isis so it doesn't get out of control. you have to figure out what to

do first, what the objectives are and he's not willing. >> do you think he was trying to bide time and see what happens between assad's people and isis before the u.s. did anything significant? >> megyn, we are not the junior varsity. >> we're now junior varsity? >> yes. he hopes he can still talk down with vladamir putin and figure this out. we're being played. >> that's depressing. so there was a junior varsity all along, just wasn't isis. senator marco rubio got a lot of attention after suggesting the united states and russia may be headed for another cold war. he'll join us next on that and talk about how the islamic state is preparing for something called "end times." some media outlets have launched a full offensive on carly fiorina. wait till you see what just aired a short time ago. we'll speak with her about that and one report in particular that goes to the heart of her reputation. >> politics is sometimes a fact free zone, you know?

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and start planning your own. are we really getting anywhere in syria? >> i just said yes. >> you said a program should be renewed. i'm asking is our strategy working. >> what strategy? tell me what the strategy is, i'll tell you if it's working. [ silence ] >> see, right there is the problem, because they -- they have a strategy. >> they're gathering right now in raqqa by the tens of thousands, hidden in the civilian population, and they know exactly why you're there. >> why is that? >> they call it the end times. what do you think the beheadings

are about, the revival of slavery. it's the only [ bleep ] book they ever read, they they have stop. they're there for one reason and one reason only, to die for the caliphate and you are in a world without infidels. that's their strategy, and it's been that way since the 7th century. so do you really think that if a few special forces teams are going to put a dent in that? >> that was the scene from last night's premiere of the hit series "homeland" where a cia agent was being debriefed on his experience after a tour of duty in syria. in that one scene, the producers shaped the question for events for a long time to come. marco rubio is now warning that russia's latest military moves

in the mideast could produce a new cold war. senator, good to see you. that's the question many have been asking which is what is our strategy in syria? >> there isn't one. part of the problem early on, as i said when this first started, these islamic jihadist groups need an operating space to organize and grow. that's why they're in libya, why they used afghanistan before. when this uprising happened in syria, which was initially started by syrians, not by radical jihadists. >> there was a time where the good versus evil aspect was much more clear. assad was the bad guy and people wanted better lives. >> there were evidence syrians that wanted better lives. we didn't engage at that point. then the radical jihadists flowed there. it's chilling to see that clip you just played. isis believes in this prophetic vision that they're going to draw in western forces on the

ground in northern syria where there will be this apocalyptic showdown between the west and them and it will usher in a world which everyone lives under their version of islam. >> why is that not an argument to support president obama's strategy of staying out of there? >> number one, we wanted to empower people on the ground to fight against them before they showed up. now that they're there, they have to be confronted on the ground. my argument is sunni also have to fight them and we need to help them with air support and logistical support. >> you want to get folks in the surrounding areas to go in there and support them with air strikes. >> absolutely. this is a battle for sunni islam, who must defeat them ideal logically and militarily. their goal is to move into saudi arabia and topple the kingdom and the same in jordan, lebanon. their goals are well beyond simply syria and iraq. >> what we know now is russia is not really targeting isis. they say they are, but our

military analysts say there's no evidence russia has struck isis in raqqa, and they've done a couple of "show strikes" to say we're going after isis. so what we're going to be left with is a stronger, more powerful bashar assad. what does that mean? >> what he's saying is i'm going to destroy all the non-isis fighters and then say okay, the only two people left in syria, assad and isis. we're on assad's side, whose side are you on? >> and we're letting him. >> again, we're doing nothing to help those people on the ground, which is why i said we need to create a safe zone in syria in cooperation with our allies. that will allow a non-radical jihadist group to prepare themselves. number two, to stem some of this flow of migrants leaving the region and going into europe. and number three, to ultimately have something in place for a future without assad.

>> as a practical matter, it's not going to happen. barack obama is not going to do that. what he wants to do is chat some more with the russians about how their decision was. it looks what is happening is an alliance between russia, iran, syria, and potentially iraq. >> correct. >> as that solidifies, what does that mean for the united states? >> there's going to be an ir iraniira iranian shia sphere of influence. >> and iran's power is growing every day. >> absolutely. that's what our allies say, these guys are encircling us. one of the things not being reported is that iran is providing elements within bahrain, where there's a significant u.s. naval presence and isis' growth in afghanistan. >> so we're not directly in the cross hairs yet, but as they band together and iran gets more

powerful, where do you see this going for us, for israel? >> a couple points. they want to drive us from the region. the iranian goal is not to become the dominant power in the region, but drive the united states out. they want no u.s. presence. their goal is to drive us from the region. if they can do that, they become the most powerful force in the region. these countries become subservient to them. in addition, they can go after israel. >> so many americans are war weary. i'm kind of with barack obama and trump on this. let the russians deal with it. in the simplest of terms why are they wrong? >> just because we ignore syria doesn't mean syria will ignore us. many of those foreign fighters are finding their way into europe. they use it to organize efforts on social media to recruit americans here at home. we are ultimately the big target that they want at the end of the

day. tay want to target not just our way of life but our country by conducting attacks here. the russian presence in the region is troubling because they've been out of that region for over 30 something odd years. their return to that region gives them a defensive capability that five years from now, assad is openly involved in arming hezbollah. ben it almost makes them -- it almost makes them immune to u.s. pressure against them and against iran, as well. >> senator marco rubio, thank you for being here. >> thanks for having me on. we showed you the big polling news for carly fiorina at the top of the hour. but with more success comes more scrutiny. up next, she responds to a new series of attacks from her critics in the media. plus, a new plan for gun control in the aftermath of the mass shooting in oregon. we'll show you hillary clinton's

new plan to use executive action to change the gun laws. and judge napolitano will join us with a warning whether she can do this and what it would mean. >> ideally, what i would love to see is gun owners, responsible gun owners, hunters form a different organization and take back the second amendment from these extremists. for adults with an advanced lung cancer called "squamous non-small cell",

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breaking tonight as republican presidential candidate carly fiorina moves up in the polls, some media outlets are ramping up the attacks. the focus today, take your pick. some old campaign debts, how she managed the fiorina foundation, what she named her dog -- no. but this is from msnbc an hour

ago. >> she's got this money problem. i've seen this reported numerous times. she's basically stiffed a lot of people. this is from someone who was fired and got a huge golden parachute. >> people sat without payment for years until she decided she was going to run for president. she's gone after donald trump, but the bankruptcy code exists. >> another carly fiorina operation, which is what you call her mystery foundation. >> i found that the donor vice fund that carly fiorina uses donated $500,000 to planned parenthood from 2011 to 2013. >> here now to respond, carly fiorina. great to see you, carly. so what does that tell you? >> oh, wow, wow. i don't know where to start with that jumble. i think what it tells you honestly, megyn, is there are a

lot of liberals who find me kind of scary right now, because i am doing really well in the polls, and horror of horrors, i am a conservative woman. >> uh-huh. let's just kick through a couple of those. they were speaking about "washington post" piece that was just outraged you had campaign debt from your senate 2010 campaign that didn't get paid off by your campaign. guy benson offered an opinion saying, i remember "the washington post" doing a similar article about hillary clinton's failure to pay off her -- oh, wait, no, i don't. but they're very interested in your campaign failure. having said that, did you not pay off the debt? >> no, the debt had been paid off, which "the washington post" fails to mention entirely. facts aren't what "the washington post" is in to anymore. remember, it was "the washington post" that gave me three pinocchios for claiming i was a secretary. yes, in fact, i was a secretary. that's how i started.

apparently they don't care about the facts that i paid off the debt. they don't care about revealing that the source of this story was campaign staff for a rival campaign. and no, they never did write that article about hillary clinton's debt, 40 times the amount carried over many years. i don't recall rachel maddow being outraged about that. >> what about this ico foundation, that manages your philanthropic fund. >> really? the frank and carly fiorina foundation is funded by our money, and we decide where that money goes. the fact that they have some other client that apparently donated to planned parenthood, boy, all it would take is five seconds of reporting to figure out that this is a non-issue. again, i don't think facts are the point here at all. i don't think "the washington

post" has a lot of credibility. msnbc i think speaks for itself. >> this is obviously going to happen more and more as you rise in the polls, which you are doing. this is you versus hillary clinton. carly fiorina versus hillary clinton, it's 52-38 in your favor. in new hampshire, it's 50-42. so the head-to-head matchups are showing you prevailing. and you've moved up, fourth nationally, second in new hampshire and third in iowa according to the latest polls. how do you keep that going? do you believe it's solely a matter of name recognition at this point for you? >> oh, no. now we have higher name i.d. than we had a month ago, which is fantastic. there are still people who don't know i'm running, but i keep working really hard every single day to address the issues specifically. >> is it harder for you -- do you think as a conservative

woman, it's harder for you, because i was looking at this "new york times" article, this is the quote. it's so weird, this is somebody who watched the last debate. she looks like one of us, but she's not. this is some woman who doesn't like your stance on planned parenthood. i mean, the media, they don't exactly love conservative women. >> well, exactly. that is the point, megyn. look, we know that most of the media is very liberal and we know that liberal women have trouble accepting that there are many, many women who don't agree with them. and in fact, it's liberal women unfortunately who believe that unless you follow their orthodoxy, rachel maddow is one. but hillary clinton is one, as well. she's the one who said about joni ernst when she was running for the senate, she said well, it's not enough to be a woman, you have to be a woman that believes. then she went through her litany of liberal orthodoxy. note to democrat party, we're

half the nation. so our views differ, and yes, i think i am distinctly horrifying to liberals, and i am a conservative woman who right now head-to-head beats hillary clinton soundly. >> carly fiorina, you've come a long way from not making the top ten at that fox news debate. something tells me you'll be there for a while. great to see you. >> i intend to be there for quite a while, all the way to the end, megyn. the folks at duncan donuts are taking heat on how police have been treated at the doughnut chain. that's not a joke. we'll show you why they're not the only ones caught up in the controversy. a significant new call with gun control with hillary clinton promising to use executive promising to use executive action to change the duley past good. very good. you see something moving off the shelves and your first thought is to investigate the company. you are type e*.

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stay strong. stay active with boost®. you wouldn't take medicine without checking the side effects. hey honey. huh. the good news is my hypertension is gone. so why would you invest without checking brokercheck? check your broker with brokercheck. developing tonight. stunned new reaction to a new york column -- to a new column in the "new york daily news" calling for the nra to be labeled a terrorist organization. the daily news writer equating the second amendment group with organizations like al qaeda, hamas, and the taliban. critics say the nra clearly doesn't qualify as a terror group, as they are an advocacy group exercising their free speech rights among others. the nra also came under attack

from hillary clinton. in the aftermath of the mass murder at an oregon community college. in new hampshire, mrs. clinton said as president she would use executive action to change the nation's gun laws. >> now, trying every way i can to get those guns out of the hands of people who shouldn't have them. >> here now, judicial analyst judge napolitano. what does she want to do, judge, executive action? >> yeah, the federal statute that requires gun sellers, people in the business of selling guns to use fbi computers to conduct background checks has an exception in it for an occasional sale. you sell a gun to a neighbor or a nephew, you're not expected to involve the fbi. she wants to redefine occasional sales to mean all sales. she wants to do this on her own. >> this is not something that hasn't been debated by the populous. the populous is not behind it.

>> it was rejected by the congress and she wants to enact it as part of an executive order. so here we are, we are 13 months before the presidential election in 2016. she's already said she rejects the two supreme court opinions as the right to cokeep and bear arms as a personal liberal and she wants to write the legislation on her own. >> i thought the supreme court ruling was law of the land. isn't that what they called when they issued the ruling about gay marriage? on the thing about -- let's run the sound bite. this is what she wants to do. she's ticked off that gun manufacturers can't be sued when someone uses a gun to kill another person. listen. >> the gun industry and gun sellers are the only business in america that is totally free of liability.

>> she is so, so radically incorrect on that. look, if you drive a car and get in an automobile accident, the car operates the way it's supposed to. it's not the fault of the manufacturer. if the tire explodes, you sue the manufacturer. if the gun doesn't operate properly, you sue the manufacturer. but the manufacturer of the gun is no more liable for the criminal use of that product than the manufacturer of a car is than when a person speeds down a highway. >> if you could see gun manufacturers for gun violence, it would basically shut down the gun manufacturing business. >> it would radically change the concept of holding people libel for their own misdeeds. that violates something called due process. a very fundamental principle in the constitution. >> do you think she believes any of this could happen? >> no. she's saying it because her campaign is thinking because she wants to get people's attention

off of the e-mail scandal and benghazi, both of which are going to hit her square in the forehead in washington, d.c. and she's pandering to the left by saying i alone will take care of this thing. >> i'm going to go through that constitution with a fine tooth comb and number two, done, second amendment gone. >> she would love to do that or like to create the impression that she would love to do that to try and pry loose voters from bernie sanders. >> so you're suggesting she's a politician that would say something and not follow through on it. >> efficient heard of that before? mrs. clinton also earned some attention for "saturday night live" played a bar tender across from kate mckenna who plays hillary clinton. here's some of that. >> i'm hillary rodham clinton. >> great name. i'm val. so hillary, what brings you here

tonight? >> well, i've had a hard couple of 22 years. >> why, what do you do for a living? >> first, i'm a grandmother. and second, i am a human entrusted with this one green earth. >> oh, i get it. you're a politician. >> yes. and how about you? >> well, me? i'm just an ordinary citizen who believes the keystone pipeline will destroy our environment. [ laughter ] >> i agree with you there. it did take me a long time to decide that, but i am against it. [ laughter ] >> you know, nothing wrong with taking your time. what's important is getting it right. >> we've seen nurmrs. clinton dg an increasing amount of these media appearances. here's another example. >> do you consider yourself a feminist? >> yes, absolutely. i thought this was an interview with lenny kravitz. >> did you see the footage where

his pants split if >> no, i missed that. >> i mean, his stuff fell out. >> do you think i could get that -- >> on youtube. >> i'll look for that. >> robert zimmerman is acratigr to see you. i know you're a hillary fan, but the snl skit, gold. >> gold. and some of the others were reaching perhaps a different audience. if you've seen al gore do the macerena, that's uncomfortable. >> we have that. let's show it. >> i would like to demonstrate to you the al gore version of the macarena. [ applause ]

would you like to see it again? [ applause ] >> hillary clinton is ginger rogers by comparison. but in all of these clips, they're great, because ultimately it introduces hillary clinton to a whole other generation, and they see the self-deprecating humor. >> she has a healthy sense of humor. she doesn't show it that often. more so recently. >> she's more relaxed in her role as candidate but that's the important thing. she's introducing herself to another generation. how do the republicans reach out, with the gang from "duck dynasty?" >> jeb bush went on jimmy fallon. >> how did that work for him? >> i said last week i don't know about the lina dunham thing. she's very raunchy and she took

it to a raunchy place with this woman that wants to be the president. >> it's always important about eisenhower paired with abbott re and costello. to launch armed forces week. >> atoh, sure. >> that's the same as lena dunham talking about lenny kravitz's junk. >> that's the first time a president ever appeared on pop television. i think it's great. important for the democratic party, for the political e institutions to broaden their horizon. >> what did she think of the snl skit? >> i didn't speak to her about it, but they all loved it. and i think she clearly had a great time of it. >>. >> even the bit with bill? bill clinton was in there too. look it up online.re >> it was great to watch. also, frankly, great for the process. great for people to see her in this honest way and to connect with her in a very warm way. >> there was also a very funny bit with donald trump who is not the real donald trump but somebody playing donald trump and melania.

>> melania stole that segment. >> which was hilarious. she was fantastic. robert, great the see you. >> good to be with you. it's like the punch line in search of a joke, but not to a lot of officers. that's next.nc ♪ ♪ it's the final countdown! ♪ ♪ the final countdown! if you're the band europe, you love a final countdown. it's what you do. if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do. awe believe active management can protect capital long term.

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a series of anti-police incidents getting developing tonight, a series of anti-police incidents getting new attention after a couple of ugly moments at donut shops this weekend. not a joke. trace gallagher's in our newsroom with the story. trace? >> megyn, in recent days we've seen a flurry of anti-police sentiment in fast food restaurants but the truth is it's been going on for more than a year, from chipotle in new york to taco bell in kansas. at a dunkin' doughnuts in west hartford, connecticut, a police officer was in line for coffee when an employee in front of customers said he didn't get the

message. we don't serve cops in here. the officer walked out and the employee was dragged out by her manager to apologize. dunkin' donuts corporate office also issued an apology saying the crew member exhibited poor judgment. but apparently the same judgment was at work at a dunkin' donuts in rhode island, where not only was an employee rude to a police officer, the worker wrote black lives matter on his coffee cup. here's the police union. >> the black lives matter and posting stuff like this against our officers is unacceptable. we've seen the trend of this organization which is anti-police. they're condoning violence against police. >> well, that dunkin' donuts also apologized, so did an arby's in florida after one of their employees denied service to a female officer because she, quote, was a cop. in that case the police union did not accept the apology but instead called for national boycott. then there were the two cops

working the late shift that walked into a what-a-burger in texas and were told flat-out we don't serve police officers. the officer left. what-a-burger fired the employee for what it called an isolated incident. but to police around the country, it doesn't feel very isolated. >> can you imagine if the cops turned around and said, we don't serve your organization either. how does that work out. trace, good to see you. we'll be right back. has unlimited access to information, no matter where they are. the microsoft cloud gives our team the power to instantly deliver critical information to people, whenever they need it. here at accuweather, we get up to 10 billion data requests every day. the cloud allows us to scale up so we can handle that volume. we can help keep people safe; and to us that feels really good.

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was it fun my and does it change your opinion of hillary at all? maybe you weren't the target audience. maybe it was kids. go to facebook.com/the kelly file. let me know what you think. thanks for watching. this is "the kelly file." tonight, the insurgent outsider candidates continue to rise in the polls. ainsley earhardt has a full report. >> we're not going to sit down and shut up, we're going to stand up and express ourselves. because that's who we are. as americans. plus, dr. benjamin carson is here tonight with reaction. >> look at the situation they chose to exploit, to go after me for political reasons. the death of four americans in benghazi. >> then hillary clinton rips republicans for investigating the benghazi attack. ed klein and sheryl atkinson will weigh in. >> if you had somebody with guns in that room, you would have been a hell of a lot better off. >> then republicans push back against the left's political