post debate. best analysis, no spin, no bs, right here. again, thanks for watching us tonight. ms. megyn is next. i'm bill o'reilly. please remember, the spin stops here because we are definitely looking out for you. breaking tonight. new concerns that the american people are being endangered, thanks to an administration hell bent on not offending anyone. welcome to "the kelly file," everyone. we learned the obama administration has been ignoring evidence related to those seeking entry into this country mean to do americans harm out of a desire to be politically correct. as a result, immigrants like the female terrorist in san bernardino have been getting a free pass to the u.s., despite

social media postings that make it clear they are killers. today, president obama went to the pentagon to discuss efforts to defeat isis. afterwards, he spoke. one thing he didn't discuss was the news reports his administration has been ignoring the social media accounts of foreigners who apply for an entry visa into the united states, deliberately i say. something american employers do with job applicants regularly. but those charged with protecting us decided this is not a good idea. the homeland security department was worries about optics. fearing it might look bad. this raises serious questions, considering the female terrorist who murdered 14 americans this month, made her own radical views very clear on line. in fairness to the administration, we have learned that she posted those under a

pseudonym and kept her private pages private. but how many others have slipped through the tracks, whose online behavior would have kept them out of this country if we had bothered to have looked. catherine? >> reporter: a homeland security official telling fox news that tashfeen malik also used privacy settings to block content and the official claimed there was no written policy against social media screening on visa applications. but it was only used when negative information came up. >> it is routine for our officers to be able to examine social media presence when they feel it can round out and put a little more flesh on the bone of the information. >> i think the department of homeland security has pushed back against those. >> malik exchanged messages about martyrdom and jihad with her future american husband syed

farook even before entering the u.s. last year. when abc news reported it came to a head in 2014, when officials pressed secretary johnson's deputies to allow social media screening on a regular basis. johnson's spokesperson says the screening strategy has since expanded. "over the last year the department initiated three pilot programs." as a former member of the homeland security advisory council said, it only makes sense to use it and government officials should stop throwing up investigative blocks. >> we have the ability and capability to monitor social media to one extent or another. at the end of the day, it's like in the '80s, it would be saying basically the government can't watch tv, because that's the equivalent of social media, nor isis, and how it spreads its narrative and message. >> separately later this week,

secretary johnson is expected to roll out an updated advisory system that reflects the high risk environment. >> catherine, thank you. joining me now with more, brad thor, former member of the department of homeland security, and author of "code of conduct." thank you for being here. so they have the ability to do it. they choose not to because they don't want to offend anybody. >> there's no constitutional right to a visa, and there are no civil liberty issues with this. when you post on social media, it's public, even if you throw up these privacy walls. megyn, it is easier for a terrorist to get a visa than for a group with tea party or patriot in their name to get a 501-3-c classification from the irs. >> they're worried about the

pushback. the question is, are they worried about americans who are going to get killed by radical extremists who want to murder us? >> bingo. that's the issue here. we have a president, not a publicist, and he needs to act like one. as far as civil liberty groups or civil rights groups, they can jump in a lake because they don't have a leg to stand on. if you are a foreign national applying for a visa, you are not afforded the protections of civil rights that american citizens are -- >> you're asking for a special privilege. >> you don't get it. by the way, this is a great tool. and i understand that catherine is kind of moving the story forward with this issue about, well, it wasn't a written policy. yet they were fighting about it internally at the department of homeland security. this is shocking. it is shocking that you would not go to social media, particularly when dhs has been rabid since 2011 about looking

for any anti-government talk on social media by americans. when janet napolitano headed the dhs, she said we had to look out for veterans, pro-lifers, pro-gun people as being extremists and terrorists. >> you think they're looking at their social media? >> all the time. when the obama administration wants to look for stuff, they find it and spin it. so this is a bunch of mularkey. why is he so much more concerned about people applying for visas? >> their other defense is the numbers are too big. last year we had 10 million come into the country on visas, so they don't have the time, the manpower or the money to have somebody sit thing doing the facebook search. >> you've got two choices. if you're dealing with people in a specific age group, 18 to 34, they all have social media

accounts. part of getting your visa should be opening up your accounts, turning over your passwords. employers ask for that a lot. the other thing is, if we have that many people applying that we can't check them, let's dial it and not process so many darn visas. this is what trump was talking about. let's put a pause until we can work out these problems. protecting americans is more important than giving foreign nationals visas. >> we have to get facebook to change their policies. then the government doesn't have to do anything. you apply, you've agreed to make it public. it's done. it's easy. and if you don't check the box, you've got a problem. >> just one problem with that idea, it makes too much sense. you'll never get it past this administration. >> brad, thank you. speaking of the civil rights organizations, the biggest

muslim civil rights organization here in america is cair, and they are in the news right now. normally they press authorities for, well, what they're doing in this case is they're pressing for custody of that woman, that female terrorist's 6-month-old baby. why is cair so interested in where the female terrorist's 6-month-old baby is going? andy mccarthy knows. andy, good to see you. so cair was very quick to come to the microphones and very quick to make a legal stink about who's going to get the baby of that terrorist couple's 6-month-old. why? >> because cair is a sharia promotion organization, masquerading as civil rights. and it's sharia law that muslim children can only be placed in the custody of muslim parents. >> that's what they're pushing for, on the record. >> they're saying this baby

needs to go to muslim parents. >> i brought along my handy dandy reliance of the traveler, which is a classic manual of sharia law, that's been endorsed by respected muslim school lars and says clearly that if a child is a muslim, it is a necessary condition that the person with custody be a muslim. it explains that the reason for that is, being a parent is a position of authority. and under sharia law, a muslim cannot be placed in the authority of somebody who is a non-muslim. it's a theme that runs through all of sharia law. >> what does this tell us about cair, which was an unindicted co-conspirator in a terrorist trialsome >> cair sprung in the muslim brotherhood and hamas in the mid 1990s, around 1993. and its purpose is to be an

apologist for islamic supremism. >> so it's not a civil rights organization in >> it styles itself as one because it's very appealing in the west. so the media refers to them as a civil rights organization. they almost never talk about their checkered history. >> and they put pressure on the administration and the media. and we're hearing -- the two stories may not be unconnected, because the administration is lamenting about the pressure they're going to get from civil rights organizations if they start checking the social media of would-be immigrants. >> can you imagine that? the department of homeland security that was set up to enhance homeland security after 9/11, they won't check the social media of nationals outside the united states who don't have civil rights under the american constitution. >> including nationals from pakistan who are attending radical mosques, radical schools, who have radical ties

in their family, even they will not be checked. >> right. but this policy is consistent with the official obama counterterrorism policy, which they call countering violent extremism. there's online, there are instructions to people who apply -- government officials who apply this strategy, and what they're told is not to associate conduct with either ideology or words, that we should focus -- >> online threats by somebody who is a known muslim with extremist views, you don't look at that? you have to look at conduct. have they bombed anything, have they attempted anything? >> right. this is why they purged the islamic experts from law enforcement, from the military, from the intelligence -- >> we had a guy on our show last week that got kicked out after he started circling in on certain groups. andy, good to see you. they say they've changed the

policy, but in what cases and what have they done to satisfy themselves that the next tashfeen malik is going to get caught and we'll be able to see what she's doing online before she gets here? tonight, in different news, new developments in the escalating fight between donald trump and senator ted cruz. we had ted cruz on the program thursday. there's been quite an update since then. did the battle cause donald trump to make the first huge mistake of his campaign? yes, i did say the first. what he said that has some of the most powerful voices in conservative talkradio, including limbaugh taking sides tonight. and we are less than 24 hours from the last gop debate of the year. chris stirewalt and howie kurtz are here. plus, the city of baltimore on edge tonight as jury deliberations have now begun in the first trial related to the death of freddie gray.

judge andrew napalitano on whether he thinks the first officer will be convicted or set free. >> i heard your call for no justice or no peace. your peace is sincerely needed as i work to deliver justice on

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breaking tonight, with the fifth gop debate less than 24 hours away, a war of words is heating up between donald trump and senator ted cruz. as a new audiotape is leaked 06 senator cruz saying he does not think trump will be the nominee. he had this to say sunday. >> i don't think he's qualified to be president. >> why not? >> because i don't think he has the right temperament. i don't think he's got the right judgment. >> what's wrong with his temperament? >> you look at the way he's dealt with the senate where he goes in there like d frankly like a maniac. he's never going to get things done that way. >> james rosen is live in d.c. tonight with more. james? >> reporter: good evening. donald trump's opening salvos at ted cruz have so far failed to draw the texas senator into the kind of verbal volleying at which the new york businessman excels.

accordingly, in response to that maniac comment, cruz tweeted back. for months now, cruz mostly stood alone in the gop field and declined to criticize trump. instead compliments the established front-runner for bringing attention to the issues. but recently, cruz has questioned whether trump has the judgment to have his finger on the nuclear button. mark lavin calling trump fool h foolish. and rush limbaugh, who has raised trump's courage and guts, wasn't seeing either of those qualities in this latest dust-up. >> handful of guys, cruz, lee,

rand paul, a handful of guys who stand up to them. oh, they're not getting along. exactly. we're sick of these guys getting along. and you, of all people, should get it! but instead you went for the cheap shot. yet trump takes the side of the establishment. very, very foolish. really dumb. >> for any of you who are holding out hope that trump is a genuine conservative, genuine conservative even in the republican field would not go after cruz this way. so that raises a red flag for me. maybe somewhat serious. >> our own brit hume, however, suggested tonight that the heightened scrutiny that ted cruz will now experience as a leader of the pack will not help him. >> iowa voters will have the holidays and all of january to

ponder why cruz is so disliked by his senate colleagues. the question then will be this -- will they still feel the same way about him when they find out? >> the iowa caucuses are just seven weeks away, megyn. >> james, great to see you. joining me now, steve hayes, and guy benson. great to see you both. steve, the gloves are off, they are. and it takes a lot to get the ire of levin and limbaugh but trump has managed here. >> you wondered all along when people like rush limbaugh and mark levin would turn on donald trump. he's made a series of errors and gaffes and offensive statements, misstatements, that haven't won the ire of both of them. but this, the attack on ted

cruz, seems to have done that. i think that could really mark a turning point. if levin and limbaugh and other conservative talkradio types turn on donald trump right now in favor of ted cruz, because they think trump has gone too far, that really could signal to others who have supported donald trump that this is sort of the end of it. now it's time to get behind a real conservative as republicans make this push for the white house. >> this happens, guy, as cruz is surging. support for cruz is up by 13.5%. support for him in the latest poll in des moines is up 21 points. trump's support has peaked, and so this happening at an important time in the race. >> yeah. this is what donald trump does. when he feels threatened by someone, he goes on the attack. what's been interesting is to see how he's gone after ted

cruz. first it was on temperament, calling cruise a maniac, which is so very special and rich. but on policy, trump rarely gets into policy, especially when it comes to these salvos. but he tried to go after cruz on ethanol subsidies. this goes to a pattern of behavior from donald trump that we see. he attacks conservatives from the left routinely. he did it to scott walker. you think left wing talking points on the budget. just this week he joined the left wing pile-on of justice scalia of the supreme court. of course this should raise red flags for someone like limbaugh. >> all above we've been watching the bromance between trump and cruz, thinking that's smart of cruz. you don't want donald trump to come after you if you're one of these republican candidaticandi. but there was rfk for donald

trump -- risk for donald trump, too. >> the convention in washington right now is nobody takes on donald trump and emerges unscathed. and people point to rand paul and lindsey graham. those are candidates at 1 or 2% in the polls. we haven't seen somebody frontally challenge donald trump in the way i think is open for ted cruz to do from the right, as guy suggests. we haven't seen that yet. so this could be new. it would be most interesting to see tomorrow night when donald trump attacks ted cruz how does ted cruz respond? does he try to stay above the fray? sort of laugh off donald trump? or does he engage? i think there are risks any way. if he doesn't engage, it looks odd, because he's attacked -- ted cruz is attacking marco rubio. if he does engage, then there's the end of the nonaggression pack. >> great to see you guys. less than 24 hours from this

gop debate and we are getting stunning new polls out tonight. chris stirewalt and howie kurtz break down what's going to happen between trump and cruz tomorrow, and w ♪ do you really think that's a good idea? if everyone jumped off a cliff, would you do it too? you'll lose interest. it's just a phase. it hurts me more than it hurts you. where are your manners - were you raised by wolves? you're going to give me a heart attack. when you have kids, you'll understand. this is the life of a rebel. sorry, mom.

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27 generals and admirals support jeb bush. because jeb has the experience and knowledge to protect your family. right to rise usa is responsible for the content of this message. breaking tonight, under 24 hours until the next and final republican primary debate of 2015. and new polls show that senator ted cruz is surging in iowa. the fox news poll where cruz now has the lead, shows him outpacing trump by two points. "the des moines register" has cruz up over trump by ten points. trump getting good news in the latest national poll from monmouth. he's ahead of the pack by 15 points. the latest results set the stage for a make it or break it night tomorrow night. chris stirewalt and howie kurtz are here. chris, put those in perspective.

ahead of trump by ten points in iowa, but wow, what a poll for donald trump by monmouth. >> well, look, you can preach it round or preach it flat, depending which candidate you're boosting for. but here's the thing all the polls agree on. ted cruz is doing that thing. that's the thing that we have watched for a long time and predicted for a long time would come for him, which is a time when doctrinal conservatives, people who are into conservative ideology more than they are candidate personality, are going to gravitate to ted cruz. he's built for this space, ands you heard from rush limbaugh and others, they want ted cruz protected. because if donald trump is not going to be able to go the distance, if he blows up ted cruz tomorrow night, if he comes out with hatchets swinging at ted cruz and bad things happen to the arguably most conservative, viable contender in this race, conservatives will be out of luck. >> the thing is, howie, it

raises the stakes in a way we haven't seen before for trump. he always goes after people threatening him, and he doesn't back down, and yet you've got limbaugh and levin saying don't do this, what does trump do? >> a lot of conservative pundits don't like donald trump and he's managed to survive that. >> not those guys. they've been defending him. >> they've been defending him on talkradio. if ted cruz finds himself under attack by donald trump, lit be a real dilemma, because he has been very disciplined in hugging the strategy -- >> no, it won't. i don't think you're right. ted cruz is going to do what he's been doing, but what does trump do with these clear lines in the sand being drawn by limbaugh and levin is >> i don't think -- i would put my chips in the casinos in vegas on donald trump not calling ted cruz a bit of a maniac. he tends to be on better

behavior at these debates. now, i know marco rubio will go after ted cruz. we've seen this before. the two cuban-american senators, both very good debaters. but i think trump may not attempt to deliver the knockout blow. >> that is true, he holds back more on the debates and then gets on twitter. chris, there are many other candidates in this race. >> what? >> what are the stakes for them. is it all the cruz-trump show tomorrow night? >> the closer you get to the end for some of these, the sadder and more desperate it becomes for them. cnn broke their own rules to add another podium so that rand paul would be on the stage. and so will the people who are teetering near oblivion act out to get attention? that's what has happened in the past. but as jeb bush learned, when he tried to take out marco rubio and took out his own self,

swinging too hard and trying with these stilted takedown lines, can sometimes lead you right to the candidate emergency room. so if you're a candidate who is thinking that you're going to have a "breakout night," we're going to break out and it's going to be fantastic, probably not a good time. >> how about ben carson, howie? >> ben carson is in danger of slipping into the second tier. given his soft spoken demeanor in these debates, i don't see him doing anything dramatic to turn around that perception. chris christie back on the main stage in vegas. we've seen what he can do in a debate. of course, he's way down in the national polls. to me, the -- >> i think he's number two in new hampshire now with a key endorsement. >> and a good performance there will not hurt him in new hampshire. that's a state built for him. but nobody is talking about jeb. it's remarkable how far we've come in the past four debates, how far jeb has fallen and there's not any great expectation going on.

i think he has a hard time, as we have seen painfully, making his presence forcefully known. >> we will be here with these guys for you tomorrow night, with special programming after the debate. way to get in the spirit, stirewalt. you'll get your only fair and balanced coverage here on fnc. for the first time, we are hearing directly from sergeant bowe bergdahl about his decision to leave his fellow troops in afghanistan, putting himself and them in grave danger. why he says he kid it. you'll hear from him directly. plus, a response to the army's decision today to pursue court-martial proceedings against bergdahl. up next, the city of baltimore braces for the verdict in the trial of the first of the baltimore six being tried in the death of freddie gray. the jury has the case. judge andrew napolitano breaks down what happened in court today, where the case stood as it went to the jury and what we can expect in the days and hours

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breaking tonight, day two of jury deliberations is set to resume in 12 hours in the first trial of the baltimore six, charged in the death of freddie gray. judge andrew napolitano is here on what the verdict could be, but first, trace ghallager is live what could have led to this day. >> the judge ruled it if they find them of manslaughter it must be quote, with evil motive, bad faith and not honestly. the jury asked for a better definition of the terms and the judge refused. the prosecution maintains

officer porter criminally neglected his duty by failing to put a seat belt on freddie gray and failing to call for help. prosecutors called a instructor who testified prisoners should be secured and given medical treatment but undermined the prosecution when he acknowledged that violations of general orders are not typically the basis of criminal charges and that the driver of the vehicle, not officer porter, would be considered to have prime wrary custody of freddie gray. one key point in the trial is when freddie gray suffered his injuries. one medical examiner testified it happened between the second and fourth stop, except at the fourth stop, freddie gray spoke. and says he would have been unable to speak or sit up.

the defense says it happened after the fourth stop. there was another prisoner in the van at that time and prosecutors say it's impbl for one prisoner to break his neck while the other doesn't get a scratch. officer porter testified saying he thought gray was faking because he had jailitis but the lead detective testified that officer porter told her freddie gray couldn't breathe during that fourth stop. porter maintains he never said that and there is no record of him saying it during recorded interviews. the lead detective stands by her statement but concedes she interviewed officer porter as a witness, not a suspect. >> trace, thank you. joining me now, judge andrew napolitano. wow, so it comes down to that, if the jury believes the detective who said this officer told her in this informal phone conversation there is no official record of, he told me he couldn't breathe, but if the

jury believes that, it's not good for officer porter. >> correct. but this is a highly unusual conversation, one that does not ordinarily occur in a criminal prosecution between an agent of the government and the defendant, though they were colleagues and knew each other. >> he said she misunderstood me. that is not the case. so the jury may have to figure out -- if they believe her, he is arguing i thought the guy had a case of jailitis. >> look, if all things are equal, if the government's case is as strong as defense credibility, then, the defendant must be found not guilty. the government still has the very heavy burden of proving all elements of the crime beyond a reasonable doubt. >> yes. it can't be equal. it's hikely porter created it? >> the judge did a good job of explaining that to the jury. the jury asked for new definitions today -- >> how about that --

>> they wanted legal definitions of evil motive, bad faith, and not honestly. so both sides agreed the judge would say we gave you all of the information we can. what does that tell you about what the jury is thinking? >> they're zeroing in on did freddie gray die by accident or gross indifference? which is -- >> the state of mind of officer porter? >> correct. was his state of mind one of i don't care what happens to you, i hate you. you're probably guilty, i don't believe you? or was it, this guy is in no worse position. >> how is the prosecution going to get to that, to this evil motive, bad faith, and dishonest presentation when it's not even clear he was injured at the time officer porter take a look at him on the fourth stop?

>> in my view, the defense made mistakes. they put him on the witness stand. i think the prosecutor did a bang up job of prosecuting. then, they did something you and i know first year law students are told not to do. they promised in the opening statements in the jury they'd hear from another mysterious person in the van that would say freddie was fine and talking to me the whole time. guess what? he decided he wasn't going to testify the way the government wanted him to. but that was left hanging because the jury was probably expecting him. all in all, the judge has to decide on what they heard in the courtroom. it seems to me the evidence is equal in balance on both sides, indicating not guilty. >> if it's equal, the prosecution does not get a conviction but we don't have the final say. the jurors do. whatever they say, the jurors do, you have to support it.

>> breaking tonight, media fact checkers compiled biggest lies in 2015 and 1 of the biggest lies is one of the things the "kelly file" called out long ago, and why it puts hillary clinton's campaign in a difficult position. and sergeant bo bergdahl's fellow soldiers say he's deserted and now, a major decision in his future and that contradicts what everyone thought he would do, next with an update on bo bergdahl. a type of irregular heartbeat not caused by a heart valve problem. but i won't accept is getting out there with less than my best.

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szechwan chicken, chopsticks, soy sauce and you got some fortune cookies. have a good one. ah, these small new york apartments... protect your belongings. let geico help you with renters insurance. >> that was u.s. army sergeant bowe bergdahl speaking out for the first time about his decision to leave his fellow soldiers in afghanistan, a decision that landed him in the hands of the taliban. today, the u.s. army shocked many by announcing that bergdahl will face a general court-martial on charges of desertion and endangering troops. a rejection of the

recommendation from an earlier hearing officer in the case. bergdahl was traded by the obama administration for five gitmo detainees. at the time, the administration suggested he had served with honor and distinction. and president obama personally appeared with bergdahl's parents in the rose garden to celebrate his release. it's a shocking result, because the administration held him up as someone who served with honor and distinction, the president appearing with the parents of what is now a deserter who endangered our troops. >> thankfully, honor and distinction still live in the united states army where they're willing to overrule the original recommendation, to overrule the political weight of the white house that doesn't want him to be seen as a deserter. instead the commanding general

made the call to say, we will try him by general court-martial for deserting his fellow troops, which he clearly did, and you have segments of his platoon that say in the very least he decerting, and aiding and abetting the enemy, which he will get a life sentence for if found guilty. i have to give kudos to the general and the army for overcoming the political pressure and say honor matters. >> if they had done what that preliminary officer was recommending, he would be facing up to a year in jail. now he's facing life in prison. you mentioned the interview we had with the platoon, one of the most powerful segments we've done since this show launched, and i'll never forget one of the platoon members saying, i don't know how we felt for us, but we would have died for him, all of us would have died for him and

he walked away. there was real anger at what he had done and how it was being portrayed. >> megyn, six men died looking for him. he put the lives of thousands of americans at risk because of what he did. and when you look at the scope and the size and the scale of all that we're facing in afghanistan, to then say we're going to have to search for someone who is clearly deserted, clearly made the decision that i'm going to take my own course of action, he said 20 minutes in, i knew it was a mistake. any infantrymen, 20 milliseconds into thinking about walking off your base without your weapon in the middle of the night into enemy territory will tell you, you're doing something wrong. >> let me ask you, five years in taliban custody, many will argue he's suffered enough. i heard that. >> no way. he gets what justice brings. he brought it on himself. are we still a country of honor?

do we still believe in service? do we believe in real sacrifice? this guy endangered the lives of americans, walked into the hands of the enemy. he's lucky if he's behind bars for the rest of his life, because there's a lot more than believe he deserves more. >> he'll have a defense attorney and have a chance to defend himself. >> he'll have a jury. >> it's not open and shut, but he will stand trial. pete, thank you. breaking tonight, hands up, don't shoot. after the death of michael brown in ferguson, missouri, it was the rallying cry for anti-cop protesters. and for some media. now it's been labeled one of the biggest lies of the year by "the washington post." we investigate that. and the connection to hillary clinton, next.

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from the world headquarters of fox news, it's "the kelly file" with megyn kelly. >> "the washington post" coming out with its top lies of the year today. and one of them was the fabrication started in ferguson, missouri, that 18-year-old michael brown was killed in cold blood by officer darren wilson as michael brown was allegedly surrendering, begging for his life. the kelly file was among the first to report the serious flaws in this narrative and call out to those who push abouted the fable nine months ago. that whole hands up, don't shoot storyline which was perpetuated first and foremost by dorian johnson who was the accomplice in the theft was not supported by the evidence. all those people, including the congressmen who were out there

perpetuating the myth, the nfl players who were out there perpetuating the myth, shouldn't they all be as vocal about the officer's vindication to condemn him as they were before the facts were in? buzz they were not. even as the media now acknowledges that officer darren wilson acted in self-defense. by the way, he's out of a job and his life's been ruined. michael brown's mother appeared front and center at a friday speech by democratic front-runner hillary clinton. really? mark hannah joins me now. he was an aide to the obama 2008 campaign. and he is now an adjunct professor of media studies. mark, let's start with hillary clinton. what's she doing appearing with the mother of a man who charged a police officer, tried to take his gun, tried to shoot the cop. >> right. >> and then died, unfortunately, died, but it wasn't as a result of anything officer wilson started. >> well, this woman, for better or worse, serves as a symbol for not just democrats but for the whole country about a lot of racial divisiveness that exists. >> why? why?

>> because her son, an unarmed black man, was one of many in the news unarmed black men to be killed by a police officer. >> but he was the one who caused the situation. he attacked a cop. >> right. and we don't know whether darren wilson acted too jittery or not. >> he was exonerated by the department of justice. >> sure. but the department of justice did not exonerate the entire police department which was found as constitutionally racist policing. >> so find another victim. find another victim in ferguson who is an actual victim. >> what hillary clinton did two months ago she met in chicago with the mother not just of michael brown but of 12-year-old tamir rice. >> that's fine. that's fine. why go with this particular mother in this particular case, which defies reality? >> she was at a rally in st. louis. i mean, i don't disparage -- >> no, this is not -- she met with her privately, then brought her to a public event. on two different occasions. >> i'm not a mother. i don't know the sort of horror, the shock that's going through michael brown's mother's mind

and heart right now, but look, i know that she serves as a symbol for a lot of frustration. if she wants, the mother of michael brown, to turn and find the silver lining in some sort of criminal justice reform, why disparage that? >> because the question is does that perpetuate the lie further, that it sends a message to people that michael brown was in fact the victim as opposed to the aggressor. >> he could have been both. could have been both. >> that we now know was not the case according to eric holder's doj. i got to go. we'll be right back. >> thanks, megyn. 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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don't forget we're live at midnight with another gop debate. brit hume, marc thiessen. dana perino. we'll see you then. thanks for watching. i'm megyn kelly. this is "the kelly file." tonight, with just 48 days to go until the iowa caucuses, brand-new polls show the race is tightening. >> i'm trying to do well and win everywhere we can. i'm not running for second or third place. >> senator marco rubio is here tonight to weigh in on these brand-new numbers and preview tomorrow night's big debate. then donald trump takes a swipe at senator ted cruz. >> when you look at the way he's dealt with the senate, where he goes in there like a -- frankly, like a little bit of a maniac, he is never going to get things done. >> you'll never believe how the texas senator responds. ♪ like a maniac, maniac >> and donald trump is not backing down from the republican establishment. >> i'm going to win. >> newt gingrich is here tonight with reaction. all of that plus the reverend franklin graham is here to