again, thanks for watching us tonight. i am bill o'reilley, please thanks for looking out. >> breaking tonight, f.b.i. and congressional investigators have seized several computers from the state department as the probe in hillary clinton's e-mail scandal gets bigger. and potentially more damaging for the candidates. welcome to the kelly file, everyone. i'm megyn kelly. it says it turned all of this over to the f.b.i., increasing chances of recovering information that mrs. clinton says she deleted. plus, the fbi also seizing four

state department computers today. imagine that, going into the state department and seizing them. physically. deepen its investigation into how top secret classified information wound up on mrs. clinton's private system. and, here, tonight, former doj attorney general shannon kaufmann with the fallout. >> plat river networks, the colorado company that managed hillary clinton hired a company to essentially be their cloud. but hillary clinton's e-mails were never supposed to be backed up on anything but an on site server. instead, they made it on the off site cloud and now the company could have clinton's e-mails, including the ones she dleeted, dating back to at least june of 2013. the f.b.i. has told them to preserve all data. and according to e-mails

obtained by republican senator ron johnson, when the f.b.i. began investigating this matter, members of clinton's team directed plat river to cut the back-up of e-mails. in other words, wipe clean any e-mail older than 30 days. in august, an unnamed plat river employee wrote to a co-worker starting to think this whole thing is covering up some shady blank. going onto say -- i think if we have it in writing that they told us to cut the back-ups in that we can go public with our statement saying we have back-ups since day one, then we were told to trim to 30 days. it would make us look a whole lot better. here's senator johnson. >> this shows how sloppy and, again, that just reckless disregard for national surt interests. secretary clinton is being revealed here. >> the clinton campaign responds saying ron johnson is ripping a

page from the house benghazi play book and his own sham of an investigation with the sole purpose of attacking hillary clinton politically. the fbi is also investigating if there were any attempted cyber effects that were backed up. >> and we have breaking news on that coming in right now. joining us now with more, former d.o.j. assistant deputy attorney general and just as trace was delivering that report, the washington post breaking the news that one of these tech firms, the subcontractor, that had raised concerns about this being shady, ha raised concerns that they will vulnerable to hackers. out of all of those headlines, to say this is shady being told to dleet some of the back-up.

it happens while she is under investigation. so what do you think is the most important headline? >> well, the seizure of the state department servers by the f.b.i. is very important. and it shows that they're getting deeper and deeper into the question of how did classified information get onto these unclassify ied e-mail chains. and that's what that investigation is all about. >> which is potentially a felony. >> oh, absolutely. there are lots of potential felonies running around here. the story of the e-mail chain where they're saying there's some shady stuff going on here. i'm not going to go all rich

lowry on you, but you get the clue. is -- is -- you know, is really important, as well. because what that showed is -- and we've had a sense of this, is that as she is under investigation by -- and there's a big benghazi investigation on the hill, as requests are coming in, as the state department is asking for these e-mails back, she is, through intermediaries, telling people to start dleeting things. >> that's the critical thing. on summer of 2014, it was later in 2014 and early 2015 that she went on through her surrogates, i gather, to direct this company

to start dleeting the back-ups. like stop backing me up. >> seems to have happened two different batches according to the plat river details. sometime in october, 2014 and even earlier this year. and this was after, you know, a year and a half of investigations about ben ghazi. look, everyone if there weren't subpoenas in place, and we think that the first subpoenas weren't issued you believe until this year. and i'm going to get all legal on you. there's a concept called eed anticipatory obstruction of justice. >> no, she would br in a lot of trouble and that investigation will continue now as the companies come under skrooutny and seem to be ready to defend themselves. shannon, good to see you. >> well, the clinton team deals with the latest e-mail fall out. there was more bad news in the form of a video.

it features a focus group hosted by bloomburg politics with democratic voters weighing in on whether mrs. clinton is likable. spoiler alert. it did not go well. watch. >> you know, i don't want to use the word, but -- >> it's, like, women need to be equal. i don't -- i just -- i don't think -- i don't feel unequal. >> i like hillary. i think she's a strong candidate. but she has that -- >> i don't think you have to have that. >> abds she has that. that condescending. and i can see that causing gridlock. >> she does seem a little condescending. >> and i don't even think it's condescending. i'm thinking it's more, like, i'm a woman. i deserve it. >> hmm. joining me now, richard, white house senior advisor and a democratic strategist. well, they didn't seem to love her. >> well, they were some nice

things they said in other parts of that tape. >> can you say that word on tv? >> it rhymes with witchy. >> can we say that word? >> i don't know. we've had too many snafus. >> i find her quite lovely. >> very nice. but it's not about you. >> but, i think she also suffered a little bit there the double standard that many women suffer from. if we're electing a leader, we want someone to be strong. not too strong, not too aggressive. we want to see their feminine side. i think she does a lot of things if a man did it, it would be seen as a strong leader. >> i think carly fiorina will suffer if her candidacy really takes off.

>> do you think hillary is penetrating on the idea likability? a recent poll out just now. is she honest and trustworthy? 33%? 34%? 35%? the vast majority, 36%, say she is not. >> but she's also winning in those states, right? what does that say about the american politics, too, right? >> listen, i think that the campaign has to do some things to try to put out a more rounded image of her. i think that's why she was on saturday night live this week ebd. >> that's a step in the right direction. >> i think that we also saw her can passionate side she's been a fighter for children all of her life. she really does have this come passionate side. but we don't see enough of it. she can be very funny. >> but on the e-mail front, what's going to happen.

>> that's just like the benghazi thing. that's it. this e-mail question, the f.b.i. is seizing computer servers. >> there are legitimate questions about the e-mail. and i think they will be answered. but i think we have to not rush to judge. i don't think that she's done anything wrong. i think some of the e-mail stuff may have been mishandled. >> how is the f.b.i. seizing if nothing wrong has occurred. >> if nothing else, it's because there's an investigation. let's remember, everything she did has been perfectly legal. there have been no accusations. . >> but she admitted it would have been a wiser course to use

two e-mails. >> i don't know about you, but i'd be very uncomfortable if the f.b.i. went into my office and seized my computer. a lot of sach's fifth avenue building and toys are us bills. >> they probably have some of that stuff in there for her, too. i think you should have hillary clinton on the show. i think you would like her. hillary, are you listening? thank you, madame. we're also tracking the political fallout after the new york times suggest domd trump is losing traction with the media and the voters. dr. ben carson taking new heat tonight. a former navy seal, tonight, weighs in.

don't miss this segment. and then an upcoming film called truth. that's the name of it. details dan rather's stunning departure from cvs over a report that he did about george w bush. but there are serious concerns about how much actual truth is being presented by robert redford in this fille m. >> ♪ our parents worked hard so that we could enjoy life's simple pleasures. now it's our turn. i'm doing the same for my family. retirement and life insurance solutions from pacific life can help you protect

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for example, when the gop front runner sheriff's senator shares lindsay gram's personal phone number, remember that? it got mentioned 34 rksz 000 times. but when trump pranked marc marcmarco marco rubio this week, just 7,500 mentions. foxz news digital politics editor here along with the host of media buzz. great to see you both.

so there is a metric by which you can measure how talked about any given candidate is. and the new york times says this met rik does not have good news for don trump, chris. >> well, there are live statisticians. there's all kinds of met riks that you can measure anything by. if you were donald trump, you'd say the metric that you care about is that you're leading in the polls and that continues to be the case. but there is something instruktsive her for trump and i think he knows. you've got to have new material. you can't just be the insult comic dog all the way through. i think you're starting to see that as he goes through and tries to be more substantive and dials back on some of the really bonkers stuff. >> but what do you make of it,

harry? he pranked rubio as sending him the water. but not that much. it just wasn't as funny as the graham thing? or is there a larger mesage to be read into that? >> i mean, candidates would run over their grandmothers to get the kind of exposure that donald trurp is getting. >> oh, nanna. >> it's an exciting thing. >> i want to know, they're not getting anybody's vote. you look at these polls, chris. and they talk about how, you know, o'reilley once read an update that he was once the most loved news host in the country and the most hated. in a typical bill of fashion, he loved that. trump has the same position in these polls. he's atop of almost all of these polls. and he's atop the list of the people they would never vote

for. >> right. so he's trying to go legit. however, it's a touch line toe walk. remember evil canevil? everybody came to see him jump the grand canyon. you can't get up there and say well, actually, i'm going to ride a donkey down and come back up the other side. you've got to jump. he's got to keep giving his supporters what they want, which is outrageous and it's got to be slashing and burning through the political establishment. if he starts to get a little bonky, he'll have trouble with his base.

>> if question is whether outrageous has run its course. and people are starting to tire of antics and they want to hear -- they want him to focus on policy. >> there's no question. he has been. but he's also been doing other stuff. >> why has it been the last four days he's been on fox, he's been on cnn. >> how have the ratsings been? >> the ratings have been fine. >> that's not true. there isn't the same spike as their used to be. >> okay. well, you can't be up at that strike that fearic level forever. but there's one other sentence i want to call out. a bit condescending. fox news opinion commentator will go on breathlessly about mr. trump's antics. i don't think they ever did that. many commentators don't like trump because they don't think he's a real conservative.

that's not the same thing as the mainstream media tiring of him. >> well, listen, when he was first, you know rgs sort of rising there and saying all of this stuff he had the entire country's attention. the question is, is that stopping? >> he's got to figure out -- look, he's trying to do it. he's trying to become a normal candidate who has a structure and has the organization that will take him through the early states. he's trying to beat that. however, when you mentioned the poll, when we look at that poll, we see that he, jeb bush and hillary clinton have the same problem. they're liked by some but disliked by a lot.

>> you have to win two of those three states. he's leading among republicans. but the republicans have to pick the person that they think can win. you've got to get the nomination first. so the rest of the guys would trade places with him in a minute when it comes to those leads, maybe. i don't know. i've got to go. good to see you both. donkey. the donkey. no, that would take forever. well, coming up, "cosmopolitan" magazine seemed to stir up a lot of controversy when it seems that the kardashians are america's first real family. really? brian joins us for that. we'll update ewe. and with dan rather's departure from cbs set to get big screen treatment in a new film called truth, we'll look at whether hollywood is rewriting history

when danafriedman joins us next.

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controversy over an upcoming film with dan rather. rather ended his 44 years of cbs news after a report about george w bush turned out to be bagsed on documents that could not be verified. >> tonight, we have new investigation on the president's military service. >> here's to a great story. >> that report cost rather the cbs evening news anchor chair and was later the subt of a multi-milliion dollar lawsuit.

while rather insists that his reporting was accurate, there were growing concerns about how much actual truth will be presented to viewers in this movie. >> i do not get to do this. >> somebody has got to confirm those memos. >> this isn't a trial. this is a hunt. >> what we're talking about is bringing politics into the report. >> our story is about whether the president is film. they want to talk about font and forgery. >> back with us now, host of fox news media buzz. and dana barino is here. howie, you looked into this for media buzz. how truthful does the movie truth sound to you? >> robert red ford seemed to adopt the dan rather theory and it's just a theory, that it was squashed because of corporate pressure.

the facts are that it sound like my opinion, cbs' own experts who raise red flags and also, outside investigation. >> they relied on documents to prove what about president bush. documents that turned out to be untrue. >> i'm sorry, they relied on documents alleging reportedly that george w bush had gone awol. >> dan rather and his producer held on like this. to the story. and until the point where they can hold on no longer, the truth overcame. you say this is an example of the first real social media uprising in the country. >> it was.

i remember it very well, this whole time. i believe that dan rather wanted nothing more than this story to be true and they let that get themselves in a lot of trouble. so citizen journalists are just sort of comining on board. there were questions about the documents because the fonts didn't match-up. why does this matter? >> 16 minutes to say these are real. these prove that george w. bush high tailed it. they ask questions like could they be real. cbs news, a friend of mine, his wife was a graphic artist. and he says do you think this is possible? she says no, because that font didn't exist in that time frame. if you go to wikepedia, you can see a video that shows you how they were different.

>> she has not worked in television since. and for good reason. >> and now she's got kat blanchette playing her. and now, villainized by an unfair media when, in fact, her behavior led to her behavior an. watch what dan rather was forced to say in case you don't see this in truth. >> the failure of cbs news to do just that to properly fully scrutinize the documents and their source led to our airing the documents when we should not have done so. it was a mistake. cbs news deeply regrets it. also, i want to say personally and directly, i'm sorry. >> unbelievable. >> so he apologizes then. then he takes cbs to court, gets laughed out by the judge. that's a lawsuit that's going nowhere. in hollywood glory, they try to

retell the story. telling truth, which actually turns out not to be true. i think it's really important that people watch the el kelly file. kyle smith in the new york post and his review actually destroyed it. >> and then cbs news has come out and said it is astounding how little truth there is in truth. this movie. great to see you. dr. ben carson taking heat after immediate fire storm blind last week's massacre. up next, a former navy seal weighs in on god forbid what you should do if you find yourself in a situation where your life is at risk. a new dramatic twist ahead of the trip to the whies house later this month. wait until you see what we found on his father's facebook page.

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hoe said hi'd rather see a body with bullet holes than gun control. >> ben carson feels the heat for gun control. >> it's beyond insensitive. it's hard to hear that. vrj

joining me now, jonathan guilliean. great to see you. >> good to be here. >> putting aside the controversy, whether he should or should not have commented, i think a lot of people are wondering, sadly, in 2015 america, what they should do. his point now is just have a plan. you actually agree with that. i totally agree with that. in fact, i don't see anything insensitive about that what so ever. he was just giving what he thought was a play-by-play of what he thought has been ineffective. and that action, in that moment, that may have been the only action they have to rush somebody or end up begging for your life. there's auch, in these situations, these active shooter situations last between 60 seconds and five minutes. and you're terrified. your heart rate is pumping. how do you have any presence of mine mind to do anything other than cower. >> you have to think of this stuff before that day. there's four things i would like people to think about.

you know, they're not going to become a navy seal overnight. what you need to concentrate are four things. basically, the first thing is understand what a critical area is. that's an area where this potentially could happen. and what the times are for that area. if you go to that school at 23:00 a.m23 a.m. 3:00 a.m., there's nobody there, it's not a critical time. you need to understand that. secondly, you need to have an understanding or a plan of what you would do and the way you do that is you train your mind. so training goes along with that. you don't have to go out and learn how to box, but in your mind. third thing is awareness. you need to be aware of what's normal and what's not. and the last thing is that you need to decide that you're going to act now.

>> what i'd like to see is an empowered citizen ri. like this army veteran that rushed the door, he got shot zef times, but he's still alive. >> are the odds in your favor if you run? run? i heard people run and say you're slimmer than if you're just sitting there. they are engauged in the room. if you can get out and run, i suggest that. the other thing is understanding where you can hide. what's effective. there's a teacher in up state new york when we had the shooting in sandy hook. she hid all of her students in a bathroom that's never used, tiny bathroom and they locked the door and hid them in there.

>> what can it hurt to at least spend a few minutes thinking if this were to happen, god forbid, i need to know my options. i need to think about these considerations. >> it's the reality of where we live now. you think about that when you look your door at night. >> we do disaster prep for storms and so on. >> jonathan, great to see you. thank you, sir. >> we also have a disturbing new twist tonight in the story of the boy who was arrested for bringing his homemade clock that looked like a bomb to school. he was invited to a science fair at the white house on october 19th, but it is the alarming 9-1-1 conspiracy theory post that caught our attention. still gaining recognition after being arrested, we learned his father soon to be political activist has learned to have two

different facebook pages. one is a personal page where he appears pro-america. when he was asked about isis threatening to kill police officers, he responded killing is not right and is prohibited in islam. as mentioned in the koran, if you kill one person without rightness, it is as you are killing all mankind. but there's also an arabic facebook page for the national reform party bearing a similar profile picture and address. only this web page is much more active and the tone is very different, including a 14 minute conspiracy theory clip on the 9/11 terrorist attack and o post that shows the smoking world trade towers describing it as a u.s.-sponsored host to launch a world war. after finding out more

information, some believe he was targeted for his race and religion, the urban school district says it has information on why he did it. his family would have to sign off op it. >> trace, thank you. up next, the magazine managed to stir a lot of controversy when it suggested that the kardashians are america's first family. assign the pc police to our playgrounds. brian kill me is next in all of that. and later, guess who's celebrating a big birthday today. wait until you see what we dug out of the fault. >> this is fox news now. just 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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just 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. developing tonight, a crisis on measuring's playgrounds. one school district had hired consultants to organize recess over concerns that too many children had their feelings hurt. all right, brian. so the problem is recess needs to be more inclusive and therefore they need a new recess strategy. >> right. and it's recess consultants that

need to be higher for $30,000, this recess consultant to go out during free time, recess time, and tell the kids really what to do, and play a supervising roll. the problem is, when you play king of the mountain, there's only one guy on the mountain. >> that's right. but they also want to supervise them when they jump rope and play four square. what can go wrong? >> i'm not sure. but evidencely, the nurse said the volume of people that she's seen has gone down. so it's gone down. so it'sworking. we're getting along. but here's my problem. and i think you might have the same problem. kids need to be picked last. kids need to be told you're too short and too slow. and guess what, they know it. but that sets the fire for the future. you can't have a referee in these games. it's called free play. >> they're actually suggesting that in the baseball game, they're suggesting that you have to replace that with good try or

you almost made it to first base. are you kidding me? let's have a hug before you go back to the dugout. >> one thing, you've gotten very hard in your old age. they think it's wrong. they want to go back to free play. >> a parentally, the kardashians, people in twitter are p.o..ed. they've put their whole life on television. they've shown how glamorous and rich and successful they are. i do believe there's something about them that's nice.

they are narcissistic. but they're not angry. to a ge gree, we all are. >> the showing of the tex sex appeal with the young girls. >> they have a medical plan that allows physical adjustments at elective surgery. i don't think we should really judge. >> harve vard suffered a major defeat. it's not as good as it once was because they got beaten by -- >> three prisoners on the debate team. there's a bar college debate team. and the one that they have in common, they're all convicted of violent crimes. the better ones get to go on the debate team. >> they debate at the prison?

>> then you don't get a day pass. >> well, i believe -- i don't know if it was a home game for harvard. but i will say this. harvard lost, just like west point lost. just like the yooumpbts of vermont lost. they were able to argue that successfully. if only they were that good when they were on trial. >> true. system. >> is it me or is it hot in here. >> now they're calling his dad dad of the year because how did he respond? >> he said if you wanted to do this, i'll do that. you do it. and not only that, he had another suggestion. he wanted his dad to plead the

older sister for halloween. >> so the dad is going to go as anna. >> he did have an explative for those and i will say this. as a parent, you should be the watchdog to make sure there are pictures of you as a toddler that aren't going to come back to haunt you forever. unfortunately, in that way, there's an excellent chance to cayden. he's 22, 32, 42, dare i say 14, 15 and 16. >> is there anything wrong with that? happy halloween? >> i couldn't play with g.i. joes because they were dolls. >> i liked incredible hulk. >> don't you want a doll? >> no. >> this is unbelievable. i just wanted a kung fu grip.

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good morning. welcome to fox news channel. >> this is fox news now, all the news you need in 15 minutes. good morning, everyone. i'm allison kosterini. >> who? sorry. i don't know her. we turn 19. fox news can be seen in over 100 million homes. happy anniversary to "the kelly file" which turned two today. dana perino. >> you little toddler. >> what a 19 years it's been. you look at the press when we first launched and no one believed roger ailes could do it. >> i worked on capitol hill, a young press secretary at the time. what is this fox news thing? then over time it became the

go-to place for so many people to get their news all over the country. all different age groups. >> look at you. >> that's at the white house. >> look we have other choice pictures of some of our other fox news talent. look at neil cavuto. he looks like my 2-year-old. >> everyone even looks better now. >> look at bill. he looks good. "the o'reilly report." i like the pictures of shepard, then look at sean. >> good hair. >> 19 years and most of those guys have been here from the beginning including brit hume and trace gallagher. because they're, if nothing else, loyal. >> everybody at fox loves is tony snow. he started at fox. >> so sweet. >> then he came to the white house and was the press secretary and still whenever i travel, people want to know how his family's doing. i'm happy to report they're doing great and their daughter's

graduated from college. and everybody has been so supported by the fox family and the tony snow family was really grateful for that. >> roger ailes had a vision for fair and balanced news. no one thought it would resonate with the viewers. now weer here, 13 years at number one. fair to say the critics let me talk to you about retirement. a 401(k) is the most sound way to go. let's talk asset allocation. sure. you seem knowledgeable, professional. would you trust me as your financial advisor? i would. i would indeed. well, let's be clear here. i'm actually a dj. [ dance music plays ] [laughs] no way! i have no financial experience at all. that really is you? if they're not a cfp pro, you just don't know. find a certified financial planner professional who's thoroughly vetted at letsmakeaplan.org. cfp -- work with the highest standard.

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then, i decided to have my dna tested through ancestry dna. it turns out i'm scottish. so, i traded in my lederhosen for a kilt. i'm sorta marge... you're not marge? we both drive a stick, we both like saving money on car insurance, and we both feel integrity, such as, that of healthcare in the america of the us and therefore. yes. thank you. no. no. please, stop! sorta you, isn't you. start with a quote from esurance and get a set of discounts personalized to you, not someone sorta like you. esurance. backed by allstate. click or call. earlier tonight i sat down

for an interview with journalist charlie rose. we covered a lot of ground from the trump controversy to roger ailes. watch. he's absolutely a mentor to me. he's also a friend. he's -- he is my boss. i mean, we're not equals. but i depend on him for friendship and honest advice and he'll give it to me. never with respect to the news coverage. people think that roger ailes is this republican operative and he's back there giving the anchors gop talking points. no, that's all bs. never once in my 11 years there has he told me to change the coverage of a story. but he does give you personal advice on who you are and how you're translating on television. that interview airs tonight on pbs at 11:00 p.m. eastern. my thanks to charlie, to roger

ailes. to our team here and to you, our viewers, for making the fox news channel number one for so many years and for trusting us night after night. i'm megyn kelly. this is "the kelly file." tonight, a former army official says key intel about terror groups in iraq was ignored by u.s. central command is here in a "hannity" exclusive. and an ap investigation reveals that smugglers were trying to sell nuclear material to isis. >> they'll never accept me because i don't believe in political correctness. >> dr. benjamin carson under attack from the mainstream media, but he refuses to back down. >> i can twist myself into pretzels trying to fit into their silly box or be who i am. >> he's here tonight to respond. plus hillary clinton's server scandal grows. ed henry has