and we like senator cruz. and maybe we'll have a good time between the two men. again, thanks for watching us tonight. ms. megyn is next. please remember, the spin stops here. we're definitely looking out for you. >> breaking tonight, two big political stories. first, congressman paul ryan jumping into the race to be the man, the top man, that is, in congress. second, a series of new polls starting to suggest that businessman donald trump is running away with the republican race and is touching off talk of a republican war to stop the current front runner. welcome to the kelly file, everyone. i'm megyn kelly. tracking polls for four months, only one discernible trend has emerged. a man who has never held political office is the front runner. since mid july, trump has been first in 33 out of 34 national polls.

and the latest surveys continue to bear that out. first up, cnn with a new poll out today. trump in first with a five-point lead, up three points over cnn's last poll. monomouth also released today. trump with dr. ben carson with a ten-point gap. plus, nbc news wall street journal has another poll out. trump at 25%. the highest he's ever scored in that poll. those who said it could never happen are starting to bite their toungs. >> i do think he can win the nomination. i wouldn't have said that six weeks ago, but i think he can. i think he's an incredibly skilled politician. >> i know all of us dismiss trump early on. all of the so-called experts. the summer fling, momentary amusement. i am beginning to believe he could be elected president of the united states. >> the republican establishment for the first time saying, off the record, this guy could win. i mean, the top people. >> i've heard that from everybody.

i don't hear anybody saying he can't win the nomination anymore. >> and talk like that has touched off headlines like these. as buyon, new york, writes about a panicked public establishment getting ready for war against trump. joining me now, brick human. brick, great to see you. before we get into trump, let's just start with the news that's broken in the house tonight on paul ryan who's now saying he will run for speaker, assuming he has the votes. what does it mean? >> well, he didn't quite say that, megyn. what he said was that he would run for speaker and take the job if certain conditions were meant. if he could be a unifying figure. >> so he was laying down conditions under which he would accept the job. and i think a lot of people in the so-called freedom caucus who

was blocking the way kept kevin mccarthy from becoming speaker expected, i think, the speaker candidates would want to come to them and see what they wanted. ryan was laying down a list of conditions. and said if he could be a unifying figure. he's not just talking about getting the votes. in facts, he said he didn't want to be a guy who barely squeaked through at 218 votes. he wants an overwhelming mandate. basically, what he wants is he wants those people off of his back. and i'm not sure he's going to be able to get that from those people. they're pretty kals trant. a lot of them are responsible to constituents who i hear it all the time, is a rhino. that being the case, it may not come to pass. >> john boehner better get comfortable. >> boehner is eager if for the ryan thing to happen. >> yes, he wants out. >> so a man who does not want out is donald trump.

what do you make of the byron new york piece today saying that the establishment is preparing for war against trump saying if we have to take him down, we will. the neg thif ads will start and we'll go after him in iowa and new hampshire. we're not letting hem get the gop nomination. >> i expect that that headline that you're showing on the screen right now is not a headline he would have written. they're not quite at any panic stage yet. but i think it's becoming clear, because it's getting late, megyn, that his lead is persistent for so long that you're looking at the kind of percentage of the vote that in a place like iowa, could be the winning percentage. so you depoz sit don trump as having won new hampshire going into south carolina where he hz a lot of support, you're looking at somebody who has a tremendous head of steam and might become impossible to stop with a disinfected republican electorate. his nomination now becomes

something that anybody would say is possible. i wouldn't go as far as chris saying i could picture him elected as president. a lot of voters have a say in that. one can only imagine what they are like with most democrats. >> but one of the points that byron makes is the juliany analogy doesn't hold water. he was ahead for a while, but he was never polling ahead in the way that trump has been consistently. so do you see greater staying power than trump's numbers than we've seen in the past? >> i do. i think the question is whether when people begin to fall by the wayside, which hasn't really happened yet. a couple of people have dropped out and it looks like there may be a few more soon. it depends on where their support and whether somebody emerges as the leading alternative. now, that could be ben carson, which would, you know, make sense in a way because afterall,

another constant in this cycle so far on the republican side has been the enchantment with outsiders. and i don't mean people who have been sort of outsiders within the system, i mean complete outsiders which is what trump is. and i want's also what ben carson is. >> you've got the brash, bold, business outsider and then the more gentlemanly business outers. they are close in these polls, but trump continues to lead in all. brit, great to see you. >> thank youses, megyn. >> all the signs reporting to vice president joe biden. but with former secretary of state hillary clinton in the polls, some are asking could biden jump in because he knows something about hillary's legal trouble that perhaps the rest of america does not. joining me now, frnk luntz. frank, good to see you s. that possible? would he possibly have knowledge

of the f.b.i.'s investigation that might lead him to look at these poll numbers in which he has more than double his numberings in most of them and say i know something you don't know. >> he shouldn't. but it is certainly possible in this white house. we've seen things that we believed never could have happened. this man has wanted to be president since 18985. he had a very strong relationship with his son. the vice president has always thought of this as his mission and his purpose. he's not a traditional politician. he says what he means and means what he says. he wears his heart on his sleeve. so it's not necessarily connected. he's got to make a declaration

within the next few days. this is a sound byte talking about how closely he works with our current president. >> i spend between, depending on the season, four and seven hours a day every single day with the president. i attend every meeting the president has, at his request. >> oh, wait. . no. he said that and then he went onto differentiate himself, it sounded, who in the cnn debate was asked who's your enemy, and she listed iran. listen to what biden said there. >> i really respect the members up there. i don't think my chief enemy is the republican party. this is a matter of, you know, making things work. >> you're the master of words. >> look, he's a gaffe a day. and he will be entertainment father for every late night show. but don't forget that one of the

reasons why your conversation earlier that don trump is doing so well, it's that he's authentic. we may challenge him, but we believe that he believes what he's saying. and it's the same thing with vice president biden. it's refreshing to hear him communicate that way and we look at secretary clinton and what she says now, she says it. it is so fabricated that you can almost read the tell prompter in her eyes. with joe biden, whatever comes out, you live with it. >> can you imagine if it's trump v. bidden. what a fun race that would be to cover. we also have breaking news from israel with an entire series of new terror attacks. and our first look at some deeply disturbing new videos showing crowds celebrating the stabbings of israelis and small children, including this little girl, look at this. she's three? being encouraged to pick up

knives and join the fight by stabbing a jew. both sides up next in fierce debate over this. plus, the mayor of los angeles force today run for savety after black lives protesters chased him from a public event. big news in the breaking of a big battle over free speech with chris kyle under new attack from former wrestler turned governor, jesse ventura. >> they did poor mouthing three or four times talking about how this is having such an effect on the kyle family. do you realize this has cost me a million dollars? take a look at these bbq trophies: best cracked pepper sauce... most ribs eaten while calf roping... yep, greatness deserves recognition. you got any trophies, cowboy? ♪ whoomp there it is uh, yeah... well, uh, well there's this one.

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breaking tonight, the kelly file is looking at some disturbing new videos that show exactly what kind of threat america is facing. he says it's being shown to palestinian children in school. afterschool, day in and day out. it is almost hard to believe until you see the video with the folks in the gaza strip celebrating while waving around huge knives and calling for

more. you know, what may be one of the most disturbing videos we've seen, yes. a little girl with pigtails in her hair telling the man off camera, presummablely her father, why she wants to join in on the killings. >>. >> a human rights attorney and director of the law fare project. thank you both for being here. deeply disturbing. let me start with you on this. you posted online a piece talking about how it's very simple. you cut off of people's peaceful options and violence is what will result. are you justifying that behavior? >> absolutely not. actually, two years ago, i went to israel to study with israeli

scholars and i got a lot of heat from it. when i see what's happening right now, i realize the value of that. we need to be talking to each other because otherwise, the people who are monopolizing are the people not only who are not talking, but they want violence. >> one of my favorite quote social security by nelson mandella. he says there can be no keen er on the soul. what we've seen is unfortunate over the past dozen of years. directed at muslim use, teaching them that the greatest thing they should aspire to is jihad. and this is a blatant violation of these children's human rights.

when they go on record trying to apologize, what they're really saying is muslim children don't deserve to be taught peace. they don't deserve to be taught life. they deserve to be taught a cull you willture of death. >> secretary kerry is going over there now. he's trying to meet with abass a. how do you reason, you tell me, because many people in the united states is sympathetic to israel. they say how do you reason with it with a palestinian side that is teaching 12-year-old girls to pick up knives and stab jews. >> it's dehumanizing. it's happening to everyone. when i was in israel, i was talking to kids whose parents came to the united states and put them in a situation where they have to serve in the military. that's the tragedy. >> the specific projection is what? >> occupation. there needs to be a palestinian

state that gives security to israelis and dignify to palestinian residents. what really is the alternative to not pushing negotiations. we have to keep trying and trying and trying. >> i hear her saying something like that. it's just i have to say it's an ignorance of history. all you have to do is look back at the 1929 massacre where arabs rose up and hacked jews to death. arabs have been teaching their children to kill not just jews, but all infidels. and this is a religious war. this is not a war that was started because of the settlement. this is a religious duty. and what the palestinian authority has done is exactly what isis is doing. using the koran to justify murder.

we have to stop making excuses for pal tin januarys. abass doesn't go on tv saying let's go kill jews to live side-by-side in peace. he says let's kill jews because the koran demands us to do so. >> this kind of violence, it's true. >> this has been going on for a long time. if we framed this as a religious war, there's no way out of this. if we framed this as a permanent conflict, there's no way out of this. we know that these are permanent and they're not political con flikts. >> do you draw a moral equivalence between the two sides? do you think it's equal? >> i am against violence against civilians. i think that the only way we're going to solve this is by ending the occupation and to secure

some kind of any filled existence for both people. >> that's racist. that's like saying we don't expect anything less of you when you're frustrated but to rise up and start stabbing children. go online and google. arabs have been murdering jews since ef been religion was established. >> thank you both. there's also new fallout tonight from one school's decision to reject the results of a student election because there were not enough minority students elected. plus, black lives matter driving him from a public event. and we'll show you why. and the driver of a car facing serious charges. but was the driver really in the

wrong? wait until you hear his defense. our legal panel takes up the case. >> what were you doing when you hit them? >> i don't care.

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find a certified financial planner professional who's thoroughly vetted at letsmakeaplan.org. cfp -- work with the highest standard. developing tonight, the mayor of los angeles. the mayor was holding a town hall meeting where the protesters demanded that he do more about their concerns. the mayor voiced support for the group. they did not seem to care. >> trace gallagher has the report live from our west coast news room. trace? >> megan, the meeting was held in a churj in south los angeles. set to address a number of issues including economic opportunity and community safety. but the meeting didn't last long. after black lives matter protesters became very disruptive, first, they stood up and turned their back on the mayor. later, they grabbed garcetti's

microphone during the q&a sess at one point, garscetti says all lives malter baz you write people out of hisz ri. when the mayor tried to make his way out of the building, protesters started spilling into the street. he did have security surrounding him, but many tried to block his car. at least one jumped on the trunk and most kept chanting shame on you, end black lives matter. watch again. the organizers kept urging the protesters to have a civil conversation.

instead, as you see, it became chaotic and many of the residents were out raijed saying they never got the chance to voice their legitimate concerns. eric has had a very tough time trying to win over the black population in south los angeles. most of them saying they voted for his opponent. when the votes were counted, she didn't believe the student council results were diverse enough for her. so she put the results on hold, didn't tell the kids who won and the backlash from parents and students has forced her to now finally release the results more than a week later. but there was still no word on whether she will try to add additional student council positions because she feels that's what they should have. joining me now, executive drek tofrt black fear dot net and conservative radio host, kevin jackson. so the principal knows better, kevin. and she's ticked off that even though the student body is only

18% white, it's 56% hispanic, t 9% african american, 12% other. she is upset that those results weren't directly resulted. the top four spots were taken by whites, asians and mixed race students. and shep's decided to somehow invalidate the results or at least she had to pause and think about that for a week. >> well, these kids are getting a great lesson in how the new ewe top owe of liberalism works. we'll just call it all off. we'll take our ball and go home. the sad part about it is these kids voted. they didn't vote based on color. they voted the way americans vote for the best candidates. and they've nullified all the hard work that these kids put in. i ran for student council when i was a kid. it's a lot of work to go out and give out candy and say vote for me and things like that.

>> so the message sent to the student is you don't count. your vote doesn't matter to me. i know better and you, students, who didn't make your decision based on race, were wrong. you need to be deciding things based on race. >> right. look. liberals have owned the academic system for years. they've tinkered with it like a meth head. they've broken it. they put it back together. the kids responded appropriately and it's not good enough. >> she talks about just wanting to be reflective of the student body. but the question is what if the results were reversed. what if they had a largely black or latino student body population who elected white student representatives. would she have held the results then and said no, it's not okay? great point. and you're exactly right. i had a similar situation with my son where he's in a of 60 pnt black school, all the positions

were occupied by white kids. none of the black kids ran. they actually felt bad about it. they said you know what, i don't feel like my son has the ability to stand up for himself. what's happening is they are demoralizing these kitz, the kids of color. the white kids are saying, look, i want to run. i'll do it. the black kids and the hispanic kids are told don't be bold. don't do this. everyone by their peers. and the education system thinks they can fix it all when these kids are saying, look, they do not care. this is liberalism spinning in on itsds. >> that raises an interesting point. by the way, what if you had a white student body that elected a black student council or a hispanic student council and said no, i object.

>> if the black students and the hispanic students aren't feeling empowered to run, then what is a stunt principle of a school to do about it? if anything. >> we're at a time, megan, when you would think black and hispanic kids would say hey, we've got a black president. i would want to run for these offices. in some cases, they aren't running at all. it isn't done on racial issues. it's done on popularity. it's done for a lot of reasons. but it is not in any way racist. they have the social ek near. they have to make these kids start seeing things in color. instead of just accepting these results and letting them move on and enjoy what these kids have done, they have to ruin it. >> i ran for student council when i was in fifth grade and i came in second. my name was penny preserve.

i ran on a plat tomorrow with saving the environment. i should have gone the sports route. kevin, great to see you. >> you, too, megan. up next, details on a new law that critics call the bully bill. a measure they claim promotes abortion. and then, he was the american sniper whose story became the hollywood block buster. and now the big twist. plus, now the senate democrats have blocked a plan to crack down sanctuary cities will speak to a mother whovs killed. just wait until you hear her message for congress today. >> if we continue to ignore this problem, then you just need to

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rchts developing tonight, fresh fallout surrounding the converse yal law. it will bully bill forces pregnancy centers to provide their clients with information about public program that is offers access to abortions. shannon breem in washington with the story. megy, n, california is telling family planning clinics that they must provide patients with information about how they can go about getting an abortion. even if it's in direct conflict with the full purpose.

the requirement undermines their entire mission and forces them to contra diblgt their own viewpoints. they argue that california has no legitimate compelling government interest enforcing pro-life groups to give patients information about abortion. >> the first amendment protects the freedom of speech. it also protects your freedom not to have the government force you to speak the government's message in favor of abortion. >> we reached out to governor jerry brown's office for comment. we wanted to ask him about why there isn't any exception for faith-based or pro-life clinics. his office said his signature on the bill speaks for itself. critics who don't come ply face a first-time fine of $500 and each time after that, the fine jumps to a thousand dollars. the lawsuit names both governor

jerry brown and a prominent democrat when he's running for senate as defendants. the pro-life groups have asked for immediate injunction to stop enforcement of the law and we're waiting to see if it may take that step. megyn in. >> shanen, thank you. we turn to president of pro-choice america and lyla rose, president of live action. thank you both for being here. what is your jerks to islam? >> first of all, this is a full-on assault against the freedom of speech. free comprehensive care for women coming in and secondly, it's forcing them to promote abortion. secondly, this is an abortion industry dream come true. they're trying to cut out the competitors and take away the other options for women in the state of california and say that no, you don't have another option. you have to be offered abortion.

ultimately, that's $500, to the later $8,000 for the later term abortion that they stand to gain every time a woman walks there because they're being promoted that. >> would you be okay because your group helped during planned parent hood to have notices saying this is where you can go to help pregnancy planning, adoption options and alternatives to abortion? >> you know, one of the thing that is we differ with lyla on is this is not about freedom of speech. the crisis centers don't have to change anything that they're saying. all they have to do is post public signage that gives the woman the right to know what her legal options are in the state of california. and we think that right to know, that regardless of how any individual feels about abortion, we can all agree that women do better with access to information. >> okay. but let me ask you this, elise,

if that's true, would you support a law mandating information on family planning and where you can go for adoption options. and would you be okay if you think more information is better with a mandate that the abortion clinics have to tell the women what their fetus looks like before they abort it? and what will happen during the abortion procedure? >> licensed clinics already actually adhere to this law. they've provided options about information about options from adoption to pre-natal care to legally accessible abortion. >> elyse, it's before this law. >> planned parenthood and abortion -- >> hold on. >> planned parenthood and abortion facilities, their focus of abortion over 90% of pregnant women are going to end up having an abortion. their focus is abortion. it is a full-on assault on the freedom of speech and is forcing pro-lifers to be posting abortion ad.

where is it going to stop? is california going to force churches or pro-life families or catholic schools to post abortion notices everywhere? this is an extremely sick law. >> as i said, this is not about freedom of speech. it's not about freedom to worship however anyone chooses to worship. what it is about is setting a threshold to offer to their candidates. i would ask lrksz yla what she's so threatened of. >> what this is about, elyse, is it's about abortion facilities, the neighboring lobby, your lobby, national federation for abortion clinics, nas about abortion numbers. that's why naral is gerns every abortion regulation and restriction.

naral is against term limits on gestation that you can kill the pre-born children at. that's behind this law. >> i'll give you the last word. >> and it's hurting women and children in california. >> there is a reason that a supermajority of self identified catholics, republicans support the reproductive tax act. we know that women do better when we have access to all of the information about all of our options. and california should be proud that they're leading the way on this. >> all right. thank you both. we appreciate the respectful debate. we also have breaking news on the legal battle between former navy seal and governor jesse ventura and the estate of chris kyle, the man they call the american sniper. chris's wife lost in a big lawsuit and now she's fighting back. plus, the driver of this car says it was an accident that he swerved out. but the guy on the bike says it was no accident. we'll report you on the side the lawyer's joining next.

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smash movie, "american sniper." ton, there was a fight. trace gallagher reports. >> megyn, the 8th circuit court of appeals is considering a new trial because a lawyer for former governor jesse ventura told the jury if they awarded $1.8 million, it wouldn't come out of chris kyle's estate, the insurance company, the publisher of american sniper, would be on the hook for the money. today, a judge on the panel agreed the comment was over the line and he pressed ventura's attorney to come up with some statement that allowed those statements. you'll recall in his book, american sniper, claims he punched out a man later identified as jesse ventura because he made remarks about the navy seals.

but ventura was also a navy seal says he never made the comment but there was also no altercation. i lost my television show and i couldn't get employment for two years. i cannot go to a reunion now and sit back and say who's going to stab me in the back next. >> the attorneys argued the entire judgment should be thrown out because it violated chris kyle's right to free speech. and because there was no proof of actual malice, recording no proof of a false and damaging statement. ventura says if he loses on appeal, he'll move to mexico. >> wow, okay. civil brown is a criminal tell fence attorney and former prosecutor.

let's start with whether this court, whether the appeals court seems to be suggesting, you should not have suggested that the publisher is going to have to pay the bill as opposed to the estate. >> yeah, i think that might come back on appeal. there is -- i can't find any example where court has allowed a plaintiff's attorney to argue exactly what his attorney argued. there's also no case that i found where that has been allowed. why, megyn? because it would and potentially did taint the jury. >> because they're thinking i'm not going to have to hit chris kyle's widow with this verdict. everyone can leave happy. just some rich cat corporation is going to have to pay for it. and jesse ventura get what is he wants and the widow doesn't have to worry about it. >> i think the other side of that coin, megyn, is the fact that they have to prove actual malice that he knowingly made intentionally false statements. the reason why that may be important is because the book company may say hey, make these

statements, get this publicity. don't worry about it. we'll pay for it. that's part of the reason why i believe jesse ventura's lawyers brought up that facts. >> because the thing is, there's another grounds for appeal. kyle's estate is saying that they never proved if he said something wrong, he did it with malice. the sbengsz to lie and hurt jesse ventura. that's the standard. we have to prove a very, very high burden in order to get it. so that's going to be taken up. so i'm going to shift gears with you. we've been showing this mote psych -- accident? you tell me. watch what happened. >>

>>. i am a criminal defense attorney. my job is to defend people accused of crimes. >> go for it. >> but i'm not going to do it. don't call this an accident. this is a crime, megyn. what he did was clearly intentional and, candidly, when the judge gives him prison time, i'm mumble under my bret, i don't care. >> but he still has a defense. he says alternatively that a wasp stung him and that a spider bit him and i warned the viewers, originally he said it was near the groin area. for some reason, we have a picture of the bite. i don't know what part we're looking at here. but is that going to fly? >> megyn, the tough part for the prosecution is that they have to prove what he intended. if, in fact, this was an accident, then their whole case goes out the window. >> but it's not. >> if you were not on the phone with him, you can't say what happened. if there's no witness next to him to say he did that

intentionally -- >> hold on, jurors are allowed to use their common sense. aparentally, you're not using it. there's no evidence that this guy swerved until he got alongside of his car. skbh he was irritated. >> he's gmt. your client is going to prison. >> if something bit him and he swerved to avoid him -- >> something bit you, . >> the first thing he said was that he doesn't care and this guy is doing something wrong. >> he's going to care. >> that bike rider was doing something wrong, he would have never gotten bit. >> i've got to see you. good to go. you. up next, harry reid taking serious heat tonight for comments he made about a plan to crack down on so-called sanctuary cities. a mother whose son was killed by an illegal immigrant

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this legislation might as well be called the donald trump act, like the disgusting and outrageous language championed by donald trump, this legislation paints all immigrants as criminals and rapists. >> that was senator harry reid today as senate democrats managed to block a republican-backed measure that would have cracked down on so-called sanctuary cities. marion mendoza is with me tonight. her son brandon mendoza was killed by an illegal immigrant last year. thank you for being here. harry reid has a real issue with legislation that would crack down on sanctuary cities which allow illegal immigrants including those who committed felonies to walk around because he thinks its demonizing them.

>> here's what i'd like to say to harry reid. number one, did you actually read the bill? number two, did you have a loved one dill kkilled by an illegal. number three, this is targeting criminals supported by i.c.e. and they wanted to deport them out of our country. if you're for keeping these illegal criminals in our country, you need to retire, harry reid. that's what i think of it. >> it's not just senator reid and even the white house had threatened to veto this bill if it had gone through. they list many, but they say it doesn't offer comprehensive reform and it would jeopardize the ability of state and local governments to receive federal money that's critical to public safety. >> well, the thing is, you know, it's attorneys, it's washington, it's a lot of these people who are so against these illegals being deported because they are actually a voter base for the democrats, but that -- it's allowing those people to bring lawsuits against our local law

enforcement agencies. that's why they're apres hencive of carrying through with this. because if they do call i.c.e. you have all these people filing lawsuits which makes it difficult to uphold laws. what i want to say to illegals is, if you don't like our laws, go home. if you can't be a law abiding illegal to where you're not killing and hurting american people, then go home. you don't need to be here. >> thank you, thank you very much. ♪ i built my business with passion. but i keep it growing by making every dollar count. that's why i have the spark cash card from capital one. i earn unlimited 2% cash back on everything i buy for my studio. ♪ and that unlimited 2% cash back from spark means thousands of dollars each year going back into my business... that's huge for my bottom line. what's in your wallet?

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what do you thing? do you think the driver who hit the guy on the motorcycle did it intentionally? let me know what think. thanks for watching. i'm megyn kelly. >> welcome to "hannity." the feud between front-runner donald trump and his gop rival jeb bush is now reaching a boiling point. the two candidates are going at each other over the 9/11 terrorist attacks. been saying about donald trump in recent days. take a look. >> look, my brother responded to a crisis, and he did it as you would hope a president would do. he united the country. he organized our country and kept us safe. and there's no denying that. the great majority of americans believe that. i don't know why he keeps bringing this up. his view of history is just wrong. the simple fact is that, when we were attacked, my brother created an environment where,