thank you for watching. please remember, the spin stops here, because we're looking out for you. \s breaking tonight, a major military operation against isis under way as we speak. iraqi forces under the cover of u.s. air strikes, and with the support of american advisers, watching an assault against an isis stronghold just miles from baghdad. welcome to "the kelly file." i'm sandra smith, in for megyn kelly tonight. iraqi troops retreated, the defeat was largely seen as an embarrassment, exposing a huge weakness in the strategy. ramadi's fall was a big blow. the city is critical in that region. it's the capital of the

country's largest province. just 60 miles from the iraqi capital it was just eight months ago that isis raised their black flag, imposing their cruel rule over ramadi's half a million residents. tonight we're learning many of those same civilians are being used by isis as human shields. overnight, u.s. and coalition aircraft hammered isis positions and right now, iraqi forces are struggling for control, facing homicide bombers, sniper fire, and hundreds of ieds lining the city's corridors. for more on the ballots and how it will impact the greater fight against the islamic state, general jack keane, retired four-star general, former vice chief of staff and chairman for the institute for the study of war. general, welcome tonight. >> glad to be here, sandra. where are we as far as the fall of ramadi, to the iraqi army? will this happen? we know this military operation

is under way right now. >> yes, almost a certainly is going to happen. the reality is the iraqi army has this thing surrounded north, south and east. they've been working on this, you know, for weeks. there were thousands of isis fighters in ramadi. they're largely gone, down to a few hundred. they are using people as human shields, as you indicated, but the most significant obstacle are literally thousands of ied mines that are fortified and protecting the isis fighter inside the city. the iraqi army has the capability to breach that, it would be deliberate, methodical, they're going to take casualties doing it, but they will eventually take ramadi for sure. >> how big of a victory would that be? >> it would take us back to where we were prior to may. we can't make too much off it, but it underscores something we don't say enough. we've been so critical of the

president's lack of a coherence strategy that's moving far too slow. listen, the curtis have literally beat isis at every battle they have fought with airpower supporting them to take back their land in northern syria and northern iraq. admittedly that's not raqqah in syria and not mosul in iraq, but these fighters, they eye says fighters are not ten feet tall, but the real problem we have here, and so our audience understands, is that isis is sitting on sunni lands. to retake that land, we don't need just shias in the iraqi army to do it. they won't hold it. to hold that land, we need sunni travel forces. right noe now we don't have anywhere near the numbers that are necessary to do that in iraq or in syria, and in iraq, the specific problem is as much a political one, sandra as it is military. by that i mean president abbadi has to bring the sunnis back

into the political process, but the iranians are pushing against that. we have got as a strategic political objective to reduce iran's influence on the iraqi government, and again the sunnis back into the process so we can train tens of thousands of sunni tribal forces so they can hold this territory and protect it. the iraqi shias are not capable of doing it. this is the elephant in the room that just doesn't get talked about enough. >> tonight we know, according to u.s. intelligence portland there 300 islamic state fighters hunkered down. you say it would be a victory, if they were able to retake it. that leads to some optimism about retaking mosul, but we know that iraqi forces have been backed by these u.s.-led air strikes, u.s. advisers are on the ground. we know they're not involved in direct combat. the pentagon has fired

firepower, but we have not yet provided them. general keane, should we be doing much more in terms of this fight? and our u.s. involvement at this point? >> yeah, absolutely. the sunni tribes would welcome that. they want to see u.s. commitment and u.s. resolved. we literally have to one and for all get 5u89 divorce on the ground with the fighting units, the trainers to increase the through-put rather dramatically, four and fivefold and get the tactical air controllers on the ground so the air strikes are that much more effective. that would take our forces from 3,000 in excess of 10,000, and that will also accelerate what we're doing, because the problem we have with isis, if we drag it out the way the president wants, this is going to be a several-year campaign. isis keeps killing. they will keep killing people in europe. they will keep killing people in turkey and lebanon.

as we are now painfully aware, they will try to kill americans as well. particularly the territory in syria away from them. >> general keane live for us tonight, thank you for joining us. >> merry christmas, sandra. >> merry christmas to you. also breaking tonight just moments ago, the pentagon naming the six u.s. service members killed in a taliban home side attack just days from christmas, and nearly one year after president obama declared america's combat mission in afghanistan to be over. jennifer griffin with more on the fallen. >> reporter: sandra, we now know more about the american service members killed by a taliban suicide bomber in afghanistan. staff sergeant peter taub, a 30-year-old airman, married with a 3-year-old son and another on the way, the son of an owner of a d.c. restaurant named bub and pops. his father fousted the following

on facebook. he was one of six killed yesterday in afghanistan. the restaurant is closed for the rest of the week. air force major adriana vorderbruggen became one of the first active-duty service members to marry shortly after the law was repealed. she and her wife have a young son. she is the third woman killed in afghanistan this year. joseph lemm this is this was third tour to iraq in afghanistan. when he surprised his wife christine and their two kids coming home after his last deployment, he said all he wanted was pizza, american pizza. also michael anithen cinco and chester mcbride from savannah state university. and staff at the lieuies

bonacasa, he wanted to join the marines, but his mom talked him out of it. he leaves a wife behind. back here at home, new concerns over how president obama is handling the threat who are actively planning attacks inside the u.s. homeland. rick brunell is a former policy adviser to the u.s. ambassador to the u.n. rick, much of the criticism of the president has been how can you fight an enemy that you will not identify? >> yeah, not only not identify, you get -- is not islam. and that's just really a phony argument. i think -- but this is a group of individuals that believe they

are the purest form of islam. they believe they are acting in mohammed's name. they quote scripture from mohammed. they quote scripture from the koran. they believe it is their duty and that they get heavenly rewards all -- we have to understand that we are dealing with radical religion. we are not dealing with people who just want to kill someone, because they have more power or they're a psychopath. >> when talking about their funding, which we know is billions of dollars that they continue to raise, rick, your point is that they are funded through radical religious believers. they're getting support around the globe, when you look at the $500 million they are selling. their able to recruit, their

ability to retain fighter? it proves to be very strong yet today. >> look, they want a state, a caliphate state where they conduct the rules that are, you know, from laws and rules that are from, you know, the middle ages. it's really archaic, but they believe they are doing the right thing, because mohammed called them to do this. that's their warped sense. it's important to say that most lulls limbs reject this, but isis is grabbing the religion and twisting it and using it as their motivation. we have to understand that they are using this religion to do what they think is right and that they are the purest form in this religion. it's a cause that we have to understand first and we have to call it out. rick, thank you for joining us. >> sandra, good to see you. breaking tonight, gop front-runner donald trump making headlines with this moment. >> she was going to beat -- she

was favored to win and she got [ bleep ] -- she lost. a brand-new statement from the republican poll leader defending his choice of words. plus -- >> are there certain circumstances around being the first african-american president that might not have confronted a previous president? absolutely. >> does criticism have more to do with his race than his politics? we have a fair and balanced debate coming up. after a massive black lives matter demonstration disrupted shoppers last year, a judge has banned three leaders from attending a protest scheduled for tomorrow. will it be enough to stop the chaos this year? [ chanting ] feel secure in your dentures...

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hillary, that's not a president. she's not taking us to -- everything that's been involved in hillary has been losses. even her race to obama. she was going to beat obama. i don't know who did worse? i don't know. how does it get worse? but she was favored to win and

she got [ bleep ] -- she lost. i mean, she lost. that's donald trump slamming the democratic front-runner, a series of critical comments. we're getting new reaction. a short time ago he tweeted that what he said was not vulgar and the mainstream media got it wrong. trump and clinton's war of worse come as new polling released today shows that both presidential candidate are under water when it comes to whether american voters would be proud to elect them. 50% of voters would be, quote,%ed if trump we are president, to the 23% who would be proud. clinton not breaking even on pride, potential embarrassed and 33% proud. all of this as trump maintains his lead. that same quinnipiac poll has trump in first place among

republican voters at 28% with senator ted cruz of texas closing in at 24%. joining mess is rich lowery, editor at "national review." and alan combs is here. >> not 1/2 time. >> alan, i can't barely get through the beginning of this segment. you were jumping over the table. >> he's doing the best trump impression. >> i was responding -- i was going to speak some yiddish, but you would have bleeped it out. i didn't hear him speak yiddish. >> certain people who are not jewish should avoid yiddish words. >> i'll let you answer that question. >> well, i really have to take a powder on this one. i'm not in any position to criticize given some things i've said about him in the past. 50% of voters would be

embarrassed to have trump to be president. that's a pretty poor finding, but yet he's only seven points behind the democratic front-runner hillary clinton? he's basically tied with hillary among independents, and they have equal numbers on honesty and trust worthy. trump goes around making stuff up almost every day. hillary clinton is just as credible as donald trump. >> let's not forget, on four points between him and ted cruz. i think trump's descending. i think he's peaked. this is about as good as he's going to get. the closer they get in the polls, clearly we're going to see the attacks, and hillary clinton today at a campaign rally somewhat responded, but not directly. a little girl ask her a question and she responded with this. >> you are looking at somebody who's had a lot of terrible

things said about me. luckily i'm old enough it doesn't particularly bother me. that's why it's important to stand up to bully wherever they are and we shouldn't let anybody bully his way into the presidency. that is not who we are at americans. >> well, alan, i know you like that. >> what started this whole feud, hillary clinton made something up about donald trump. she said that trump was an isis recruiting video. her team will not just say, you know what? that is wrong, she apologizes, she should be more careful. >> this is why 60% of americans don't truth had been had been. we have ted cruz surging in the polls. >> i think hands down ted cruz has run the best campaign among republicans. he is surging, strong across all sectors. look, it's not the national polls that matter most, but it's

state by state. he has a big lead in iowa. >> but alan says this is the trump effect. >> cruz is the trump effect. he's despised by the republican establishment, but he's antiestablishment, but he has some political experience. people who may not feel comfortable may accept cruz, but another year i don't think a guy like cruz could ever pop like this. >> but in a head-to-head matchup, he's tied with hillary clinton. jeb bush has fallen further in the polls, now says he's considering breaks his gop pledge if trump is the nominee. >> it's sad we have to teenage loiblt pledges in the first place. trump may do so, because he'll claim the party is not treating him well. the fact that a matter has to ask for a loyalty pledge, it sounds -- fascistic. >> chris christie, by the way,

overtaking jeb bush. >> look, there's obviously republican voters, they want more than anything else, they want strength. you've had trump demonstrate that in a big way, cruz, and chris christie as well. well, i would say it's getting exciting, but it's been exciting. guys, thanks for joining us turin. >> making waves took for folks who are critical. joe trippi and jackson of the president's race. really. bus a beauty queen suspended for what she said to film maker michael moore about muslims, and when one of our guests dared to make a joke about "star wars"? she was hit with downright outrageous and abusive comments, even death threats. after a record-setting weekend for the franchise, she's here to respond to all her critics. all i said is i wasn't familiar with "star wars", because i've been too busy liking cool things and being

attractive. >> yes. >> people threatened my life. ♪ ♪ ♪

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what's in your wallet? 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. just serve classy snacks and bew a gracious host,iday party. no matter who shows up.

do you like nuts? developing tonight, new controversy over president obama's lengthy sit-down interview with npr news after the president appears to suggest that racism, at least partly fuels criticism of him. take a look. >> are there certain circumstances around being the first african-american president that might not have confronted a previous president? absolutely. if you're talking about the specific virilence of some of the opposition directed towards me, then, you know, that may be explained by the particulars of who i am. this isn't the first time that president obama suggested at least some criticism of him has more to do with the color of his skin than the content of his

politics. that's a notion kevin williamson took serious issue today writing in part -- the president says that much of the unhappiness with his administration is pretty specific to me and who i am and my background. he's really saying it's about his critics and their bigotry and prejudice. president obama thinking the way he is perceived at not being specifically good at his job, are spectacularly spectacular he is. joe trippi is the former presidential campaign manager for howard dean and fox news contributor. kevin jackson is executive director of the back sphere, and all thor of race pimping. has racism at least partly fueled the growing criticism that we've seen of this president? >> the short answer is no, it's a joke. it's a convenient place for

barack obama to hide. i would ask people to ask a very simple question -- was jessie owens the product of racism when he went to the olympics and showed up hitler? was -- when joe lewis knocked out max schmeling not like black people? who cares? there's a funny saying in the black community that barack obama had broken the color barrier in baseball, there would still be a negro league. he's always looking to hide behind race, when he had an amazing opportunity to transcend the racial issues, and just do a spectacular job, but he doesn't do a spectacular job, the only place to go is to hide behind race. every president confronts a hostile opposition. it's like saying to the person who's going to play in the championship of a basketball game, hey, the other team is just going to sit down and let you make lay-ups. this is just a convenient thing

for barack obama to hide behind. >> joe, heout some of his polic for reasons for growing criticism. >> he says some of his detractors are driven by racism, and, look, the country elected and reelected him. i think that speaks to how far the country has come, but to deny there isn't any racism in this country and that there aren't some who resent that a black ma'am is president of the united states, who by the way had to argue about whether he was even born here by some of those people. >> were you denying there was any racism in this country? >> no, first of all, i wasn't denying racism, but secondarily, what does any of that have to do with the policies of barack obama? if you can point to something that he didn't get this accomplished because he was black, then i'll concede it.

>> joe is clearly making the point. >> did you invite me on the show to talk or just get yelled ought? >> just making sure his words were heard right. go ahead. >> the point here is there are plenty of detractors who have strong policy differences with the president that don't believe he's doing the right thing or the correct policies on a number of things, but to deny there aren't some people who are his detractors that are vocal, that there's nothing he could do that would be right by him because of his race? >> grads point. >> that does go on. >> that's a great point. let me tell you the detractors to george bush, the congressional black caucus. many people were against any white republican president, but you know what they do? 24th just do their job. they represent all americans and do whas best for america. see, what you do, is you want a convenient excuse to say, oh, this is the reason why he

couldn't get something done. you can't point to a single piece of legislation that barack obama wanted to pass where race was the issue why it didn't past, but you can certainly point to where people had legitimate reasons for not backing his policies. >> he didn't say that. he didn't say that at all. he said some of his detractors were driven by race. that's all he said. >> so did bush. >> bush could say that too, you're right. >> do you think you're saying you have to assume there is some racism in the criticism of the president, but do you think the president is putting more weight in race being a factor in his critics? >> not at all. he was asked about that, like three or four different ways, he finally -- finally said, you know, my demographic. my unique demographic. he was not trying to get there at all. >> kevin.out the fact that america elected him two times with a large percentage of the white vote proves something.

go ahead. >> at the end of the day this was -- he did say that. this was nirvana for the left. there was no way to criticize barack obama without running to the race card. america has exponentially far lest racist, the most amazing country, a mosaic that has every culture, religion, creed, assets. for barack obama, instead of just say, you know what? i'm going to be the jackie robinson of baseball. if i have to take the jibes, i'll tame them. i'm going to represent being the first. there's a thing in the black dmunt about being the first. . there was a thing about excellence, and doing the best job. barack obama has -- come nowhere close to being excellent. >> joe, last word, we've got to go. >> i think a lot of people in the african-american community thinking he's been excellent, and a lot of democrats. people on the right -- we'll let history decide that.

we'll leave it there. >> sure, let's do that. joe, kevin, thank you. breaking tonight a judge rules to keep certain black lives matter activists from attending a protest at america's biggest mall. plus the lasers first amendment ruling by a federal appeals court may help the washington redskins keep their controversial name. yes, we are twins. when i went on to ancestry, i just put in the name of my parents and my grandparents. i was getting all these leaves

and i was going back generation after generation. you start to see documents and you see signatures of people that you've never met. i mean, you don't know these people, but you feel like you do. you get connected to them. i wish that i could get into a time machine and go back 100 years, 200 years and just meet these people. being on ancestry just made me feel like i belonged somewhere. discover your story. start searching for free now at ancestry.com.

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shoppers. official at the mall asked a judge to block a protest scheduled for tomorrow to avoid a repeat of the chaos. the judge's ruling came in just a short time ago. it bars just three black lives matter organizers mentioned in the lawsuit, but does not stop others from attending the protest. joining me a criminal defense attorney mark eiglarsh, and debra blum. it appears based on the ruling the protesters will show up anyway. >> let's talk about why there's a call to organize black lives matter. did you know that 1 in 3 african-american males should expect to wind up in prison during their lifetime? are you aware that over 60% of the prison population are african-americans and -- >> but let's stick to the point, debra. will you answer the question. what do you make of the ruling?

the mall says this is private property, this affected their sales last year. do you agree with it? >> well, of course. forget about what i think. let's go back to 1999 when it is minnesota supreme court made it very clear in the wickland case that malls are private property. they have used that good law ever since to control who has access to their premises. they can keep who they want out. >> it's quasi-public property here. >> the people couldn't shop. the stores couldn't make sales. >> we should focus on the issue. in other countries, when there's a national public holiday, people stop and appreciate the holiday. christmas is supposed to be about more than just gifts, so we should focus on the issue here, which is that close to 70% of african-americans and hispanic are incar rated. yes, there's also the argument this is semi-public property,

because they receive public parking. >> great arguments, all rejected across the board by the supreme court when they made their decision, and the issue around the holidays is the safety and experience of the patrons in the mall, and the mall has the right to control and protect the people who come into their private mall. >> which the judge allows them to do. she just said i can't keep every person out. you dim name thousands of people. they'll be kept out when they show up. >> let's move to the next story. >> we've all been following the redskins, a patent, a court ruled that the provision to strike down the washington redskins trademark is unconstitutional. mark, do you agree with this one? >> well, of course. the first amendment gives wide latitude for offensive, even outrageous speech and the government shall not deny

trademarks from being issued, merely because they think that people may be offended by the speech. it is protected. it's un-american to deny people the right to free speech, even if it's outrageous. >> debra, where where do you fall on this one? the court found this is an impermissib impermissible. >> they made it a carve out to first amendment protection, where they said there isn't such protection in this case, but we also need to focus on the question. this is a community who's very offended by the name washington redskins, as they should be. >> which community are you referring to? >> the native-american indians. they are very upset that such a derogatory term is being used for a football team. many other teams for that instance. what if there was the berlin jews? what if germany came out with a football team -- >> i i'll address that.

i'll tell you this -- i'm going to answer your question. if they did, i would represent them pro bono in spite of the fact that i'm jewish. as long as we protect their rights, then my rights will be around when i want to speak in this country. >> well, it's the same thing here. people would be very offended, and people are very offended here. >> that's america, debra. >> it is america, and i celebrate being american, but we have to have some limitations. >> all right. spirited discussion, so much so we're going to keep you around. our legal panel will stick around to weigh in on the most ridiculous lawsuits of 2015. one including a child who sued over a hug. plus from the miss america stage to miss peaksuspended. the beauty convene who found herself in a world of trouble after she launched into michael moore and muslim. with exquisite gemstones and diamonds by effy,

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she breaks her wrist, and she's suing her nephew, $127,000. >> this case is absolutely ridiculous. her nephew jumped into her arms, which caused her to fall and break whatever she broke, but why is she suing her nephew? it's because he inherited money from his deceased mother. >> there's money behind every story, right, mark? is this a good case? >> it's ridiculous. #worstauntever. she did come to one of the media outlets and say she was injured, obviously, and wanted to sue her homeowners association, but had to -- or homeowners insurance, and had to name him as a party and felt bad did it. >> she fell because he was so excited to see her. >> auntie jen, i love you, i love you. >> i know it well. it's just heartbreaking.

then there's this story, the armed bank robber? remember this one? he's suing over injuries that occurred while he was fleeing the scene of a bank robbery. he said i was obviously unarmed and severely shot up. he claims the medical bills from gunshot wounds amounted to more than 300,000, and the officers failed to stop the other officers from trying to execute me. >> no, this is a good one. sandra, in his defense, this is a good one. i think police should stop using bullets, tickle armed robbers into submission. >> do you have any sympathy? >> i can't say i have any sympathy. this guy is a bad armed robber and a bad litigant. >> okay. >> and clogging up the system. >> does he have a case, mark? >> hell no. hell to the no. frivolous, get out of town. if they beat him up in the jail, i'm not in favor of it, but i'm

not going to protest in his behalf. the macaque monkey, p.e.t.a. is suing on behalf of this monkey for you're of selfies. this is david slater, he took the pictures, it's an endangered species in indonesia, he left his tripod there to get the pictures. anyway, there's a major copyright court battle. peta is suing on behalf of norturo, the monkey. >> please, really? no. monkey gets for rights. peta, you're diluting your already diluted brand in picking a battle on this case. leave this alone. >> debra, did the macaque monkey have any rights here? >> i can't say the monkey does, though it's adorable. i hope that the photographer gives some of the benefits and

proceeds of the sales to the monkey, but peta is barking up the wrong tree. >> what does it say about the lawyers taking on these cases? >> there's a problem. i'm not defending it. i won't sang that battle. happy holidays. >> nice to see you both. >> happy holidays. beauty queen blunder, a miss america contestant finds herself in a lot of hot water after sending out a series of tweets about muslims. plus our guest dares to make a joke about the blockbuster franchise "star wars", and hit with a barrage of abuse. she's here to respond to her critics. when heartburn hits

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she once graced the stage at misamerica, but today miss puerto rico destiny velez is

finding herself at the center of a controversy. suspended indefinitely over a series of tweets that she sent when filmmaker michael moore posted images of himself outside trump tower with a sign reading, we are all muslim. telling the gop front-runner if he wants to ban muslims, he'd have to ban everyone. miss puerto rico did not agree with this and, according to published reports repeatedly tweeted messages at moore like, hold a sign that says we are all believers in christ. why are you defending muslims that haven't done nothing for the usa and all what muslims have done is provided oil and terrorized this country and many others. multiple exclamation marx. she's since deactivated that twitter account. so she's banned. what do you make of this? >> well, what she tweeted was, obviously, inappropriate. it was in bad taste. but it's really unfortunate

because now it's being branded as she's so terrible. we're not focusing on how what michael moore did was also just so ridiculous. the thing that we are all muslims is that we're not. plenty of people are not muslims. i'm not a muslim. i respect muslims. i have muslim friends. but the thing is you don't have to agree with donald trump and then or agree with michael moore. it's not one or the other. he's trying to prove he's a cool little hippie bro. and he's not a nice guy. >> so she did release a statement. she's apologizing saying, quote, i apologize to the people i've offended with my words. i'm first and foremost a #upstander and as such i stand up against bullying. she's putting this out there as bullying and she's apologized. do you think she should be allowed back into the miss universe pageant? >> it's up to the pageant. it's up to what this organization that she's representing wants to do.

at least she apologized. where michael moore published something saying, hey, don't be mean to her. he wants to throw a little jab into the south which is not a very kumbaya thing to do. so the apology is nice. up to that organization. you really got to be careful what you tweet and say if you don't want people to come after you. >> no one knows that better than you because right now -- >> right, that's true. >> you are coming under fire for comments that you made about "star wars," and you're actually receiving death threats? >> yes, i received a lot of death threats. even some people saying i'm coming at 8:00 a.m. to kill you, which is always nice to know what time something is, but i don't want to die so -- >> what is that they're so upset about that you made remarks about "star wars" that were not in line with their thoughts and beliefs? >> i insinuated at 3:00 in the morning that "star wars" fans were nerds, which is a joke topic that i'm sure happens a lot. and if you're an adult and

you're sleeping in a parking lot for a movie on purpose, i'm going to make fun of you. i'm not going to be sorry for making fun of you because that's funny. >> so you're looking at images of the movie there. record breaking numbers. people went toout to see it. do you regret such comments? >> i don't because i still don't like it. i've had a lot of people tell me privately, of course, because this is apparently a very serious matter, that they don't like it either. i don't like space movies. i don't like romantic comedies, and i'm not going to ever see either kind of those kind of movies. i'll make fun of people who like them. >> you don't like "star wars." >> i guess not. it's a religion, i guess. you have to be able to make sxwro jokes even about something as serious as "star wars." >> you always speak your mind and that's why we have you on tonight. thank you, cat. >> thank you. >> tune in to fox's west point

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what did you think about the most absurd lawsuit of 2015? go to facebook.com/thekellyfile. there are certainly some entertaining ones there. dana perino, frank luntz are all here. thanks for watching. i'm sandra smith in for megyn kelly and this is "the kelly file." "hannity".

welcome to "hannity." days after hillary clinton accused donald trump of becoming isis' best recruiter, the gop front-runner is firing back in a huge way. i'm mark steyn in for sean. last night during a massive rally in michigan, donald trump went after his democratic rival by slamming her debate performance, questioning her honesty, and even poking fun at her mid-debate trip to the bathroom. watch this. >> you see hillary, i mean, did you watch that? what happened to her? no, she's terrible. she's