we'll have a very provocative factor on thursday. thanks for watching us nice. ms. megyn is next. the spin stops here. we are looking out for you. . breaking tonight serious concerns that the most volatile region is exploding. and asking point blank in a lack of presidential leadership is to blame. welcome to the kelly file, everyone, i'm megyn kelly. we have witnessed a series of troubling headlines out of the mideast. including tensions soaring between two power players, saudi arabia and iran. diplomatic ties between the two nations have been severed after two saudi diplomatic posts were attacked, following the execution of a top cleric. the u.s. so far reluctant to get involved. meantime in a defiant move

against west, iranian state tv showing off an underground missile depot. in it missiles the u.s. believes are capable of carrying nuclear warheads. must not have been covered by the deal. this comes just days after iran shot a rocket dangerously close to a u.s. warship. as we reported on the show last night, despite the end of the afghanistan war, remember we were told it's over. no more combat. our troops are engaged in an increasingly dangerous operation there. just yesterday one soldier was killed. others were injured. and our fighters even surrounded by the enemy at one point. until a team managed to rescue them. the taliban now controls more territory than at any time since 2001. all the gains given back. then the crisis in syria. today an associated press report suggesting that the obama administration feels the best regime change there won't come before 2017. more than five years after president obama called on

president assad to leave power. president obama will leave power before assad is. while we're on syria, our sister network, sky news, obtained a chilly new video of what is described as jihadi university of sorts there. just look at this. this will give you bad dreams in the middle of the night. isis terrorists there are trained to carry out sophisticated attacks on the west. with scientists even seen preparing surface it air missiles. it is all mapping, they are planning it, at a university. that's how much power and control they have. in the meantime, relations aren't exactly blossoming with our most important ally in the region. amid reports the u.s. has been spying on israel. while long time diplomat saying president essentially wrote off israeli prime minister benjamin netanyahu after his 2012 reelection. so what of the white house and leadership? charles krauthammer says it seriously lacking. >> we are in the middle after melt down in the middle east.

shut down of capitals? europes. attacks on the united states. and the answer is gun control? that's the reason the country's on edge. yes, the world is in trouble. but it usually is. the difference is, we have a president who is not asleep at the wheel. he is not at the wheel at all. he is somewhere else. >> joining me now is director quinn. he was under president obama between 2012 and 2014. he was previously at united states central command. general, great to see you. >> great to be here, megyn. >> the white house pressed on this today, saying is this a lack of leadership. to have them tell it, this is all rosy. american leadership stopped it from being worse than what i just ran through. >> yeah. just watching your lead-in, your audience has to be saying, wow, what is going on. i think a couple of things.

i'll be as brief as i can. the importance of this next national election is huge. because whoever is the president of the united states is going to deal with an absolute mess on their hands. and it's going to ask for a long time, potentially their entire presidency, so this next election is huge. when he there is a void of u.s. leadership around the world, and i've seen this in many places. particularly in the middle aeea particularly in the last couple of decades, it'll be filled. filled by terrorists and by those threats we face. and we have seen many of them. you laid out a bunch of them. in isis, iran, taliban. al qaeda that's still out there. all of the problems we are having with russia and the dynamic of russia being involved now.

the massive immigration problem and problems coming with immigration in europe as well as the spread of essentially the islamic state into north africa, west africa. >> where they operate with impunity? >> yeah. >> setting up universities an training jihadi. >> we have seen these kinds of training events. i saw a little bit of that video earlier today. and i'll tell you, it is -- they are very sophisticated. that particular enemy is a very sophisticated, very cunning enemy. and we have to be smarter about how we're dealing with this problem. this is not something where a resolution at the united nations or a big speech or some poor answers by our spokesperson at the white house -- i want to sit here tonight and cheer for our country and our president. but i find it really difficult because i feel like we're playing on the strategic, you know, football field, and we're

not even in the stadium. i know we have military forces doing all they can. a lot of frustration. i will tell you that the lack of leadership right now is hurting our reputation. and this missile issue you talked about with iran -- >> what should they have done? be specific. >> it is not just firing a missile -- >> at a u.s. warship. >> it is testing our resolve, testing our rules of engagement. looking at us and saying, we're kind of giving you the big middle finger and we're going to see what you're going to do about it. are you going to punch us in the nose? we could put a big red dot on the site that fired that missile and threaten. threaten to say, we will destroy that the next time you even remotely think about it. that site and maybe a few others. >> but have you to be willing to do it if you threaten it. >> we have to show strength

that's hard power more than the soft power stuff that we are just playing around with. it doesn't work in the real world. it just doesn't work. you know, again, i don't want to sit here and bash on our president. i don't. i really want to help. but we are making poor decisions. we're making -- we're showing the enemies and threats that we face, we're showing them our weaknesses in such a big way and frankly, it's very dangerous. and i'll finish with one point. on the about the el field when you have, on the battlefield when you have, you know, an uncertainty, great level of uncertainty, you basically build up your capabilities. and you are postured to use them. we haven't done that. we really haven't done that. we put ourselves in such a weak position. >> you raise interesting questions about 2016 at stakes at issue for the nation. >> huge. they are going to be dealing with this problem, megyn. it is going to be left on their

doorstep. >> and hence we all are. >> yes. >> great to see you, general. >> thanks. >> our sister network sky news has truly chilling video of a terrorist university in syria. in it isis fighters are seen developing weapons such as heat-seeking anti-aircraft missiles and driverless suicide car bombs. one technician said what he saw kept him up all night. trace gallagher reports from our west coast newsroom. trace? >> reporter: this has been suspected but the video is the first concrete evidence it is happening. it comes from the defacto isis capital and it shown what is called a jihadi technical college where foreign fighters are taught to wage jihad in other countries. and where isis scientists produced component through advanced weapons like remote control cars that act as mobile bombs. complete with mannequin drivers. experts say mannequins have self-regulating thermostats that have the heat signatures of

humans which help them evade scanning machines and trick security forces. listen. >> you have a vehicle driving towards you and there is nobody in it, that would probably result in a cause of action. a long range stand of attack. but if the censor identifies what it believed to be a human being in that vehicle, then potentially that vehicle could get significantly closer before any counter action would take place. >> isis scientists have also stunned weapons experts by producing homemade thermal batteries for surface it air missiles. long thought to have been impossible for terror groups without a military infrastructure. and it doesn't just give isis the power to fire new missiles. it allows them to commission thousands of older thought to be useless. while the video is unsettling, it may be beneficial. >> it gives very, very good insight to where they are now. what they are aspiring to do. and crucially the diversity of

the types of tlats thhreats thay face. >> the concern that wannabe jihadis may be eager to attend jihadi tech. megyn? >> unbelievable. trace, thank you. also developing, an ugly new twist in taking refugees. after several young women say they were assaulted by large groups of what police describe as arab men. dana lash just ahead on that. plus, just hours ago, a top judge ordering an immediate halt to same-sex marriages for an entire state. didn't the supreme court already decide this? we will see how far the standoff can go. we will be joined next by a member of the dnc and president of the national organization for marriage. then, a woman convicted of hiring a hit hitman to kill her husband has a new shot at freedom. the dramatic defense of dalia dippolito still ahead. wait until you hear who is representing her.

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moments ago out of alabama. as the top judge takes a dramatic stand against the u.s. supreme court decision legalizing same-sex marriage. judge roy moore, chief justice of the alabama state supreme court ordering state officials today not to issue marriage licenses to same-sex couples. some officials are following the order. others are outright ignoring it. joining us now, robert zimmerman, democratic strategist and member of the dnc. also brian brown, president of the national organization of marriage. and we begin with mr. brown. brian, thank you for being here. how account judge do this in the face of the supreme court decision saying guy marriage is legal? period. in all states. >> it really goes to your understanding of whether you believe that the supreme court has the right to dictate to the rest of the country key questions. abraham lincoln when faced with the supreme court bet issued the

infamous scott decision did not. it is not everyone branch of government. and when the court issues an opinion as it did, which goes against all precedent, against all logic, which even justice roberts, justice scalia, justice thomas, in the defense, said that this is not the constitution, then it's incumbent upon legislators, other elected officials, state government officials, to not just cow tout to the court -- >> the supreme court has the final say on what the law is. that was established long ago in marbury versus madison. but this is my request to you. this is what huckabee said would and should happen. to you u.s. supreme court, you don't have the final say, i don't care about marbury and madison and encouraged state officials to do this, how does this unfold? will we have chaos if states are allowed to decide which supreme court decisions they comply with

and which they are not? >> i think you are misreading marbury versus madison. you say that abraham lincoln was wrong. in bust v bell we have a -- >> there is a signature for that, go to legislature and ask them to pass a law. >> that's whan happened. wisconsin and other states did not comply. if tomorrow the supreme court said congress no longer has the right to enact laws, everyone would look up and say, no, we're not going to abay the supreme court. so of course in the general course of law, the supreme court when dealing with litigants makes a decision that is based on precedent, people give it respect. but if the supreme court makes a decision that is so outside the bounds of establishment constitutional law, established president, like scott, like bell, then there has to be resistance or you don't have democracy any more. >> interesting take on it. brian, thank you for being here. we appreciate it.

>> thank you. >> up next, robert zimmerman. robert, thank you for being here. you don't have democracy any more if you listen to the u.s. supreme court. this is not about gay rights. this is about rule of law now. >> it is about time someone shouted "live from new york, it's saturday night." this must be the gang from "duck dynasty." what he is advocating is overturning our constitution. >> chaos. >> that's right. there is now been the supreme court, federal court, 11 mg appeals court including alabama overruled chief judge moore. and called for and defended for the marriage equality. this isn't about liberal or conservative. it is not even about marriage equality any more. it is respect for our constitution. >> if they really want to get around the supreme court ruling, you can try to get a constitutional amendment passed. you could. >> that's how it works. >> a legal remedy. where if the u.s. says we don't

want that and the existing constitution mandates it be legal then you change the constitution so you say we don't like that. but what is happening now is they are just saying, no. no, this is an out of control supreme court. and where does this end, robert? it is not just going to be alabama. >> i'll tell where it ends is with respect to the rule of law and respect for the constitutional process. let's remember, the alabama court of judiciary, not a liberal cauldron of thinking, removed judge moore in 2003 for defying a court order. >> he said would come back as chief justice he would comply with the law and no longer, how did he put it, that he wouldn't do anything to create friction with the federal court. hello, chief judge, this counts. >> megyn, thanks for keeping it fair and balanced and bringing up both sides. think i this will wake up people. it is not about a liberal conservative debate, it is about respect for constitution. >> the rule of law is what it is. if you don't like it, there are

ways around it. but have you it obey. great to see you. >> great to be with you. >> donald trump just went to a new place with his suggestion that ted cruz may not be an american citizen. chris walton and dana parrino are here with that. and police are describing a crowd of arab men. dana lash is here on that in moments. turns romantic why pause to take a pill? or stop to find a bathroom? cialis for daily use is approved to treat both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision,

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we're settlers, son. we settle for things. like having cable instead of directv. hey, jebediah, how's it going? working the land. hoping for a fertile spring. all right. so we have to live with lower customer satisfaction? i'm afraid so. now go churn us some butter, boy, and then make your own clothes. yes, sir. (vo) don't be a settler. get rid of cable and upgrade to directv. call 1-800-directv. we have a big story developing tonight about what to do with millions of displaced refugees from the war-torn middle east. it started on new year's eve. in the city of cologne, germany. large crowds that police describe as arab men started sexually assaulted young women. here is a terrifying account from a young victim. >> reporter: she said dozens of

men surrounded her and her female friends, touching them everywhere and stealing their cell phone and wallets. >> now a protest from government officials and mass migration of these immigrants. joining me now, dana lash, host of dana. good to see you. >> thank you. >> you've got to love the mayor of the town in which this happened. mayor reccer. who comes out and says, these young women could really do themselves a favor if they would just stay an arm's length away from strangers. it is always possible it keep a certain distance that is longer than an arm's length. really, mayor? really henriette? tell us all about it. >> megyn, i was blown away by the mayor's response. she is shaming these women's opinions. it is hard to stay an arm's length away from someone who is man-handling you.

separating you from your group. one account i read, a 17-year-old girl was surrounded by something like 30 men at one point. they were separating her from her friends. >> it's her fault because she didn't run faster? >> her code of conduct, right? this is offensive on its face. and all done for the sake of political correctness because german officials didn't want to rock the boat. >> they are coming out and saying it was a mass sexual assault by hundreds of men, potentially. >> yes. >> i have read all sort of different numberes. >> yes. >> now the lead are of the national party for germany says is this the kos moncosmopolitan colorful germany that merkel wished for? there were asylum seekers. which is very controversial in germany as it is here. >> some german newspapers are reporting that 14 of the 15 so far known or identified are those muslim migrants.

those coming into germany. and this hasn't just happened in cologne either. it is happening more and more. it happened in norway. this is like the second or third time in recent weeks that you have had police and elected leaders have to tell muslim migrant what is acceptable and not acceptable behavior in public. at some point, are we going to have like a little lesson on, can we teach these, coming from a patriarchal society, can we tell muslims asylums not to rape and assault women? >> they are still investigating who exactly reported the crime. i'm just reporting on those we know who have been detained so far. but there are also complaints, these women and supporters in germany, because there was a basic media blackout of it. they let in a bunch of migrants. they believe at least 8 of the detained suspects were asylum seekers. when the crimes are allegedly committed by these guys. the scorn is for the women who for not running way faster.

then the media blacks it out. you can understand why some are upset. >> have you 1400 girls who were raped, sold into sexual slavery wp prostituted. abused, by pakistani men. local authorities and officials kept it quiet because they didn't want to disrupt the diversity of the area. it all came down to sacrificing the safety of our girls, safety of young women, safety of adult women for political correctness. >> unbelievable. this mayor will have to dial it back and have to come out and issue apublic apology. i don't care if she is in germany. dana, good to see you. >> thank you, megyn. good to see you. >> up next, could senator cruz be disqualified because one of his parents is from canada? that's exactly the question donald trump wanted us to ask tonight. it will be answered yes.

. then a woman convicted of hiring a hitman to kill her husband now has a new shot at freedom. we will show you how dalia dippolito, caught on camera, preparing to put a hit on her husband, and well known kelly file attorney is helping her. >> are you sure that you don't know anybody that would want to kill your husband? you would want to kill your husband? not at all. with my back pain i couldn't sleep and get up in time. then i found aleve pm. aleve pm is the only one to combine a safe sleep aid plus the 12 hour pain relieving strength of aleve. i'm back. aleve pm for a better am.

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president. he was born to an american mother and cuban father that later went on to be an american. most consider that makes mr. cruz an american. for mr. trump, not strong enough. >> if you run against a democrat, whoever it may be, and this there is a lawsuit. >> he said he is a natural born citizen because his mother is a u.s. citizen and father is a u.s. citizen and he is a natural born citizen. >> i want to win fair and square. i don't want to win on this point. >> his aides say he has a passport. >> well, he doesn't have a passport. >> everyone said he had a joint passport. >> senator cruz asked today if he is worried about this. >> you have argued before the supreme court. why do you think on the legal basis he is wrong? >> oh, look. the legal issue is straight

forward. this is a national born citizen. >> you know full well because you have done it on other issues. >> it is straight forward. at the end of the day, this is a nn issue. >> turning to me now is dana parrino. serving as white house secretary under george w. bush. so you tell me, because you guys are the political experts, trump is surging -- no. cruz is surging in iowa. trump wants to win iowa. he hasn't had much success attacking cruz on the issues. and so this is a nice little meaty burger for to eat and digest over the next few days that takes cruz off message. dana? >> yes. i think that -- here eat think. donald trump was asked about this by the washington post. he basically set the cat amongst the pigeons.

he is very shrewd. i think he has grown as a candidate. he knew exactly what he was doing. but his biggest defenders, say he was being asked about it and the media is the one that blew up the story. now donald trump realized that may not be the best thing to do. he is ridiculed for raising the question of whether ted cruz could be president. s so he is trying to dial it back. but on every other day they say, he is brilliant. but not today. >> trump had the long plan laid out for ted cruz. go into court. get a declared judgment. that's not possible unless you have a case or controversy under constitution. but that's neither here nor there. and taking legal advice from your opponent in the race for president. and so you tell us what is really going on here. >> the concern is so delicious. >> i feel the love. >> and i'm here to help, ted.

i love ted. i'm worried for him. i hope that this terrible thing doesn't befall him. and repeating the unsubstantiated charge. i heard and wolf blitzer said, no, that's not true. that's what i hear. >> but it is effective, right? he tried to take ted cruz out in iowa. he is trying to say it iowans, he is canadian. >> smell the maple syrup. donald trump wouldn't be in the front runter in the republican polls if not for his original controversy with barack obama in 2011. when he broadly alleged that president was secret kenyan who had misled the american people and was going to be removed from office. because of all of this stuff. and it was huge.

that was actually his entre into the republican primary. and it was thought that maybe the president wasn't worn here. >> but this is a legal technicality he is trying to get at. if you're a natural born citizen, you can be president. that's the rule. the supreme court never decided this in the history of the country. but all of the times it has come up suggest cruz has zero problem here. zero. so this is a political move, dana. >> it is. but i think donald trump is not wrong. if ted cruz became nominee, would the democrats try to gum up the work? >> oh, he is insisting it will. okay, i cannot let you go before we talk about the boots. mark wco rubio is taking a hit wearing man boots. what are they called? >> man heels. >> i grew up on a ranch. those are just normal boots.

>> why is this a deal, dana? >> i guess because ted cruz is saying marco rubio is wearing boots that would try to help him in his height stature. and i would never do that. >> is this a -- >> no, no. >> is it a height issue or a girly man thing? >> cruz wears cowboy boots. they are saying that rubio's boots are fancy boots. that they are dude boots. instead of -- >> they are. the rubio campaign was forced to come out and say where they got them. >> now we've got from birth ris em to booterism and now we have the clear evidence. >> i don't know. you say this isn't a deal. but every man i talked to, they say, why? if they were cowboy boots -- see, something is down. >> the ayatollah is on a -- >> oh, boots on the ground.

>> caught on camera appearing from her explicit words, to try to hire a hitman to kill her husband. she was convicted. the case went national. now dalia dippolito may have a new shot at freedom. and a well known kelly file lawyer is leading the charge. plus, new information revealed on the kelly file last night after a wildly popular netflix series raisees a question. here on the new revelations and on whether or not steven avery may be getting out of jail. fact. when emergency room doctors choose an otc pain reliever for their patients muscle, back and joint pain. the medicine in advil is their #1 choice. nothing is stronger on tough pain than advil. relief doesn't get any better than this. advil.

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ask your doctor about crestor. law enforcement despised steven avery. steven avery was a shiny example of their inadequacies, their misconduct. >> no one ever intended to do anyone any harm by this. we firmly believe that we have the guilty party at time. >> this is one of the biggest miscarriages of justice i ever saw in 20 years and thousands of cases. >> that was a clip from the netflix series "making a murderer" that gained a lot of attention and criticism. the series tells the story of steven avery, the man on left,

and his nephew, brendon, on the right pf avery was released after serving 18 years of an alleged rape that he did not commit. shortly after his release, avery along with his nephew, was arrested and convicted of murdering a different woman. teresa hallbook. now there are questions about whether he did that crime. host of justice with judge janine and former westchester county new york attorney, the district attorney, judge, good to see you. >> good to see you. >> there is such a move tomt get him released from prison again. just because he is a victim of the system once doesn't mean it happened again. in fact the odds of it happening twice, you tell me. >> i don't believe in coincidence in these kinds of cases. but i have looked that case and there is evidence, beyond a reasonable doubt, 12 jurors unanimously believed, that this guy avery killed the victim in this case. a 28-year-old woman. there is no question he called her. she was at his junkyard.

she was there to take a picture. he said she left. but the only people to see her were the people who were at his place. her bones are found near the house. her dna is on a bullet fragment in the garage with her blood. his dna is under the hood of her car which was removed and placed in a secret area of the junkyard. look, there is evidence here. and megyn, it is like anything else. if you make a decision that you're only going to present one side of the story, everyone is going to say, oh, my gosh, this guy is not guilty. i'd believe it too if i saw netflix. which is why there are more than 200,000 people asking for this pardon. >> and this was not meant to be fair and balanced, it was a defense resolution. and then they peppered in more facts from the other side so it

could appear balanced, but that does taint the piece a bit, doesn't it? >> it clearly taints the piece. when you look at what was not presented in this documentary as you call it, then you realize that what they did was try to sway their audience. this isn't a documentary. i don't believe this is a documentary. where is the victim's family? where is the sympathy for them? there is always kinds of sympathy for savery and his family. >> i asked him last night, the prosecutor, or the defense attorney, i asked him, if your guys didn't do it, why were her bones on the property. he said, we believed they were burned some place else. the campfire in the backyard could not have burned the bones in that way. >> that's hog wash. you could burn the bones the way they were burned 20 feet from where this guy avery lived. to follow that line of reasoning, megyn, you would have to believe that police, prosecutors, crime lab teches in two counties. two counties involved here. all together and said, let's kill this 28-year-old woman and blame it on avery and let's move

her bones from here to there when everyone knows she was that junkyard doing her job. that she is said to her boss, the guy gives me the creeps, i don't want to go back. she was afraid of him. he called her. he used star 67 to cover up he called her. then to make believe on his direct line that she never came and he was trying to get her there. >> the other thing that is disturbing is his talk of torture, building a torture chamber while he was in prison serving a wrongful sentence. we have a video? let's see it. oh the handcuffs introduced at trial. i'm talking about his statement in jail that he wanted to build a torture chamber. >> he described to other prisoners the fact that he had what he called a dream torture chamber. he actually drew it for another inmate. of what he wanted to do to young people. he wanted to rape them and kill them. and isn't it interesting that here is a guy that gets a young woman that he answered the door

apparently, in just a towel and she is creeped out by him. he lured her to his property under the guise of i need you to take a picture of a car in my junkyard in order to sell it and she ends up burned to death 20 feet from his house on the junkyard. all of the highest courts have agreed the case is solid and properly tried. and you can claim anything. but it is about facts. and if there are new facts here, a court can certainly make a decision to reopen. >> governor walker said he, and that's where they need to go, the governor, and before you petition to get someone pardoned, don't you have an on obligation to read the full transcript and take a deeper dive of your own. i'm not disparaging filmmakers. but before you ask for someone

to be let out of prison, you bet are be damn sure you are in support of that. judge, good to see you. >> good to see you. >> she is the one who put bad guys in prison. we have the filmmakers on tomorrow. so we will talk about some of the issues. ahead, a woman convicted of killing her husband, certainly how it sounded on the tape, now has a shot at freedom. wait until you hear which which kelly file favorite is representing her. that's next. price match guarantee. and this? yep! so no monkey business, no tomfoolery? oh, we do have tom foolery, tom. staples has a price match guarantee. make low prices happen. staples make more happen. . . .

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together, we're building a better california. unbelievably developments in the case of dahlia dip o lito. she was caught on camera by police hiring a hit man to kill her husband. that's how it looked. then faking tears. that's also how it looked. when confronted at a staged murder scene by the cops. she now claims the whole thing

was a failed attempt to land a gig on reality television, which is actually possible because this is 2015. her conviction was thrown out. and now her famous lawyer is asking that she not be retried and that the entire case be dismissed. trace gallagher live in our west coast newsroom with the traitor that represents -- no, i didn't mean that. with the representation of her story. trace? >> in fact, we just spoke with friend of the kelly file mark eiglarsh who is now representing dahlia dipolito. he's accusing police of entrapment. a judge could hear the motion within days. by eiglarsh may have a tough hill to claim considering his client was caught on tape taking a contract out on her husband and hiring a hit man who turned out to be a cop. watch. >> there's no changing. there's no like, i'm determined already. >> you definitely sure you want to do this?

>> i'm 5000% sure. >> she's now under house arrest waiting for a new trial. and speaking out for the first time she tells abc's "20/20" that the whole thing was a stunt and she and her husband were in cahoots wanting to upload the video to youtube to get their own reality show. listen. >> if you're watching these people do it, there's no reason why we can't do it. we look better than those people. and why not? >> yeah, in other words, the whole thing was an act. when she was told by police her husband was dead, she was a littling. when she later seemed shocked he was still alive, again acting. she said she's sweet, understanding and compassionate who would never resort to murder. >> all the headlines, that's definitely not me. >> and the husband has vehemently denied that he was in on it. >> oh, that's a relevant fact there at the end. trace, thank you. joining me to discuss it, former

federal prosecutor and ken zimmerman, a contributor at the national law journal. great to see you both. also brian claypool is the other lawyer. >> yeah. we love them. >> but they're moving to have the entire case kicked out based on this reality tv show. if there was reality tv and the husband was in on it, why not tell the cops? >> but he didn't say that. me went through this whole thing. she says on the camera, 5,000% i want to do this. she gives over to the guy that was i didn't have any partners, 1200 to buy a gun for this. >> that's all acting. that's what they're going to tell us. >> we have to tell mark and bryan, she's not that good an actress. and the jury at home exhibit a of her attempting to cry when the cops, who knew he wasn't dead. she set it up, look. she's trying to fake her upset at his death, but he's not

really dead. >> not a tear in her eye, they said. >> listen, the facts are terrible in this case for her. this is lisa's dream as a prosecutor. but here's what we all know. criminal defendants, no matter how bad the facts, they deserve the right to due process. they deserve for the -- >> we all know that. get to how they're going to get that woman off. >> the motion to dismiss is what's at issue. that motion is not about whether or not she did it. the motion is about whether the police pressured the confidential informant to get her. >> now we're on to something. >> that the police suppressed evidence saying she didn't want to follow through on this. >> there you go. we need to go. boyfriend is right there going along with this. he's not saying he was coerced into saying he did it. >> they pressured that alleged hit man. >> no, that's not entrapment at all. entrapment is if she would have done the same thing. it didn't really matter whether

there were cops there or whether someone else there kind of cajoling her into it. they can she that intent. 5,000%? here's 1200 and a photo of the husband. >> hold on a second. >> 6:00 a.m. we'll go to the gym and have him dead at 6:30. >> there were phone calls from the defendant to the ci. >> what's the ci. >>? confidential informant. >> that they failed to monitor or record. she tried to get out of doing it. she was pressured by the ci who was pressured by the police. >> no. >> does that get her off? >> no, it doesn't. they're having all those phone calls to set the thing up. it takes logistics. >> this is from the defense's angle. >> does it matter that the cop was filming this whole thing while it happened? >> it sure looks like the police. >> hold -- >> making good tv for cops.

>> they did. they did. >> they put it op youtube making it very hard for her to get a fair trial. >> he's advising her right now, trying to get this attempted murder, no, just kidding. >> fake scene. it was a fake scene because they had to get her crying. >> cry one more time. >> we don't have time. we'll show it to you right after the break. right after the break i'll let this play out and you decide. >> no.

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so the bad news for this woman is she ain't no julia roberts. the good news is she has a great lawyer. good luck, mark. i think. good night, everybody. tonight, with just 26 days until iowa, the candidates are pounding the campaign trail. >> we're going to have a good time tonight. we're going to have a good time. >> plus, the rogue regime in north korea claims to have tested a hydrogen bomb. carly fiorina's blame's hillary clinton's policy failures. she's here tonight with more. >> iowa and new hampshire are going to whittle this field down from 12 to 5. >> chris christie now gaining traction in new hampshire. >> it's important for us to do well here in new hampshire. i think from the reaction we're getting here we feel moment really moving in our direction. >> the new jersey governor explains the importae