controversy. thanks for watching us tonight. ms. megyn is next. i'm bill o'reilly. please remember, the spin stops here because we're definitely looking out for you. breaking tonight, just more than 72 hours after a lone gunman says islam and isis inspired him to attack a police officer, and we are hearing new questions about why the white house and the main stream media seem determined to ignore the original attack. and a warning that the threat to law enforcemen from over. welcome to the kelly file, everyone, i'm megyn kelly. just days after a self-proclaimed jihadist attempted to assassinate a philadelphia police officer, the media feels that stories about the powerball and the golden globes are more important.

across the board, networks are barely acknowledging the story, not to mention the story who stopped a terrorist who pledged allegiance to isis. even the more serious sunday shows barely, if at all, touched on this story. >> just three weeks until iowa. we start out with an exclusive look how iowa voters are thinking about this race. >> we've got a huge show with you, including my sitdown with donald trump. >> we're going to get right to former secretary of state hillary clinton. >> and it was a similar story at the white house briefing today, where it took a full 20 minutes for any reporter to even bring up the attack in philadelphia, never mind josh earnest, he didn't volunteer it. when they finally did, the president's chief spokesman seemed to suggest, well, we're really not sure what happened in this case. we're still wondering. >> the attempted assassination of a police officer in

philadelphia, does the white house consider that a terrorist attack? >> this is something still being investigated by the philadelphia police department. and, um, they have not concluded that it is an active terrorist. but given some of the circumstances of the event, obviously that is something we're all wondering right now. >> we're wondering right now? mark keesen is a former chief speech righter for president george w. bush. we're wondering? not all of us are. >> no, not a all of us are, but apparently they're very confused at the white house. this is unbelievable anyone would question this is a terrorist attack. isis has repeatedly called on its supporters in the west to attack police officers. in september 2014, they issued a video which they said, rise up and kill police officers, smash his head with a rock, slaughter him with a knife, run him over with your car. the fbi, the new york police department and the department of homeland security were so concerned, they all issued

bulletins, warning their officers to be on the lookout because there was a danger of isis inspired cop killings. in philadelphia, a man does exactly what isis said to do, tries to kill a police officer. he then goes and confesses to the crime and says -- >> maybe he hasn't spoken to exactly -- oh, wait. >> he did! he told the police he pledged allegiance to isis a and then we find out from some of his friends, they say well, he became radicalized after he traveled to egypt and saudi arabia. this is not hard, folks. this is terrorism. >> which i don't understand. we saw the same thing on friday, when the mayor of philadelphia was like, this had nothing to do with islam. the murderer is like, it was all about islam. islam was the reason i did it. my affiliation with isis, my pledge of allegiance to isis and my belief that law enforcement does not uphold the values of the koran, and the philadelphia

mayor saying, i don't believe him. i know better than he does what motivated this crime and it wasn't islam. >> and his family friends who said he traveled, they said it was because of isis. they said how do you solve this? they said, go and destroy isis. that was a quote from his aunty. his family knows it's about isis. he did exactly what isis said to do in a video. how is this not terror? >> why is the white house not speaking to it? okay, let's accept the statement for today that we're wondering, we're going to do our investigation and unless we see a direct correspondence from al baghdadi telling him to do this, which as you pointed out, we kind of have, we're not going to declare it terrorism. let's say they're doing their investigation. why wouldn't the president call the family of this officer? nothing, no contact with the officer or his family as far as we know, and no statement from the white house, never mind the

president, on what we saw in philly. >> absolutely. contrast it by the way with their response after the mass shooting in october when the president went to the podium in the white house and lectured us and said somehow this becomes routine and we've become numb to this, when he was talking about gun violence that was not terror related. when it's terror related, radio silence from the white house. and the reason i think is, number one because if it's gun violence, he wants to change the policy. if it's terrorism, he doesn't want to change the policy. he thinks his strategy is right. he's not trying to change the policy. if it's gun violence, he can blame republicans for not passing his gun agenda. so he wants us to be numb to this, because terrorist attacks on our soil reflect badly on him and the success of his policy in fighting the terrorists, because that's his job. >> mark, thank you. >> thanks, megyn.

tonight, the police and fbi are chasing down a tip that self-proclaimed jihadist edward archer, the guy we're talking about, may have been part of a larger radical group that includes three other men. authorities are not taking any chances given what happened and they're ordering all officers to work with a partner until further notice. what's more, they're warning other law enforcement agencies to be extra vigilant, saying the threat may not be isolated to philadelphia. texas congressman michael mccaul is a republican and chairman of the house homeland security committee. he as a new book out "failures of imagination, the deadliest threat to our homeland and how to stop them." thanks for being here. >> thanks for having me. >> you actually know what you're talking about and when you see this happened, there's not even a nod to them. the press doesn't care, the white house doesn't mention it. what does it tell you? >> the reason i wrote this book

is so the american people can know what the truth is. this administration has downgraded this threat since major hasan at ft. hood. just the other day, the philadelphia police officer shot, he says it's jihad, and we should be listening to isis. yet the administration wants to down play this. >> why can't we accept the murderer at his word? >> why can't we accept the fact when hitler said he wanted to take over the entire globe, why didn't we listen to him? why don't we listen to isis? when they say it's radical islamic terror, we need to define it. only until we do that, can we defeat it. >> a lot of people agree with you, but what the white house says to that is, you're playing right into their hands. bin laden wanted to bait us into a war in the middle east and he did it with 9/11 and the same

thing is happening with isis. and for those that want to call it radical islam, all the muslims will hear just the word islam and it will fire up the moderates. >> they want to deny it because they're losing. he wanted to pull out of iraq and afghanistan, close down guantanamo. it didn't work out that way. you can't ignore isis and pretend like they don't exist and like it's not a threat to the homeland. >> i know you argue that isis is a failure of leadership, a failure of presidential leadership. but you go through how 9/11 was a failure of imagination on our parts and you talk about scary scenarios like a possible dirty bomb at disney world. a possible terror attack in the mall of america. why do you raise those specifics? >> there was a failure of imagination at pearl harbor, 9/11. we need to use our imaginations to prevent this from happening. we didn't connect the dots at

the time. all i'm doing is telling the american people the truth about the threats we face as a nation and what we need to do to stop those threats. until we can get the attention of the american people on this issue, we can't stop it. the administration is not going to tell you the truth. >> before i let you go, we just got news on the state of the union. a couple of democratic state representatives are going to wring with them representatives from c.a.i.r. this is a very controversial group. they've been named an unindicted co-conspirator here. what do you make of them? >> they're unindicted co-conspirators in dallas, texas. we need outreach to this community, but where are the victims of san bernardino at the state of the unity? >> i think there's going to be one in the first lady's state of the union box. but the question is whether or not it's appropriate for this group. there are a lot of muslim groups

that don't have these ties. >> why aren't we recognizing the king of jordan's efforts against isis? >> great to see you, sir. good luck with the boat. "failures of imagination" by michael mccaul. we also have breaking news on the republican debate and why senator rand paul is not happy and is threatening to go to war now with the media. plus, let than 24 hours to the final state of the union for president obama and the white house was asked why so many americans think things are going off the rails. remember this moment? chris stirewalt is next on the seven-year road to this. then we'll ask tavis smiley what happens tomorrow night when the president talks about race. big news on hillary clinton and new evidence she may face

criminal charges possibly in an fbi probe that is getting larger. hillary is challenging the reporting. what do you think has it right? judge andrew napolitano is here with the big news. equal blatant lying. the company is actually doing really well on, on social media. oh that's interesting. i - i started social media. oh! it was my...baby. her long day as anne. hair stylist starts with shoulder pain when... hey joanne, want to trade the all day relief of 2 aleve with 6 tylenol? give up my 2 aleve for 6 tylenol? no thanks. for me... it's aleve.

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we are less than 24 hours now from president obama's final

state of the union address. as new fox news polls show americans are worried about the future of this country. a big change from what we saw back in 2008. when the president took the stage before he became president in denver. ♪ at the awe over the would-be new president faded quickly. just months after he took office, he pushed through the $700 billion stimulus package, giving birth in part to the tea party and led to what critics say is the slowest and weakest economic recovery since the great depression. next, the president plowed into obamacare and shoving through the controversial legislation, despite widespread opposition. it rallied many people against the policy. in 2011, the commander in chief ended the nine-year war in iraq, a move that the top general in

iraq at the type and his own defense secretary say contributed to the rise of isis. and the president's executive actions on immigration, gun control and climate change have ignored a storm of criticism. chris stirewalt tavis smiley says he remembers being there, and so do i. that feeling, whether you supported him or not, was this guy going to be different and unite the country and somehow find a way to separate the wheat from the chaff and bring us together? and now we have our answer. >> right. and you remember, we all remember, how about how washington, d.c. was seven years ago right now. the anticipation of change, people were exhausted by the bush years.

people wanted something different. even people who opposed obama were grateful that change was coming and thought, i'm not going to get any way on everything, but at least we're going to change a few things. things are going to get going. the president had something that is rare, vanishingly rare in america today, which is good will and good sentiment from a broad majority of the population. >> where did it go? was it obamacare? the stimulus? what? >> yes, it's all of those things, but i would say this, it is a style of governance, it is an attitude, it is a philosophy about human nature. the president declined to exhibit what peggy noonan called patriotic grace. he had the chance to say to his terrified -- i mean, republicans were terrified in washington, d.c. they were afraid they couldn't say no to the first black president who had just been

elected. he had given a thumping to john mccain. and the republicans stood there ready to compromise and he didn't even ask them. >> you're talking about the infamous mitch mcconnell comment, my number one goal is to defeat him politically. >> seven years ago today, the number one goal of mitch mcconnell and every republican was not to be deemed the racist monster who was opposing america's beloved first black president. >> that's a safe bet. that's not something you want -- >> your pr department never says, go for that. but in the -- the president starting with the stimulus, moving to obamacare, said you know what? i won, my way, highway. he let his opponents off the hook. sometimes in life you have to take the risk to let somebody else do the right thing, even when they can hurt you a little bit. he refused to do it. >> chris, thank you. we're hearing reports that the president may address race relations tomorrow night, as

polls suggest things have gone downhill. some 68% saying race relations were good or somewhat good in 2008. but things have flipped by the past summer when 53% said race relations are bad or somewhat bad. tavis smiley is author of "the covenant with black america ten years later." thanks for being here. >> thanks for having me on. >> what do you make of that? and the same thing, the hopes for better race relations and where we are now. >> the president learned that campaigning and governing are two different things. it is interesting, i must say, listening to that package and watching chris talk about it. you won't be surprised my take is somewhat different. the president inherited a lot of a mess from george w. bush that he had to clean up. when you say there was good will, there was good will on the part of the american will, but

the republicans did not see it that way. they wanted to defeat barack obama and barack obama made a number of mistakes. he gave them some ammunition as well. >> are the mistakes where the good will went? you remember the feeling in denver. that was not just the music, it was this moment. i think the people crying in chicago the night he was elected, i think people really believed, i don't want to go too crazy, but this was a guy who could change things. >> let's say campaigning and governing are two different things and he learned the hard way. we are going to be debating whether or not the right move was to go after jobs first or health care. i still think we should have gone after jobs first. if you can give americans jobs, particularly with a living wage, you can get away with a great deal more. >> the obamacare cut to the heart. people were scared and didn't want to lose their health care

and so on. but on the subject of race, do you think -- are we better off now than we were seven years ago? >> i'm not sure that we are and i think ultimately the president missed a moment. what we lay out on this book is on every leading major economic issue, black americans have lost ground in every leading category. for the last ten years, it's not been good for black folk. this is the president's most loyal constituency that didn't gain any ground in that period. the debate is going to be for years to come, whether or not he wasn't bold enough or whether or not he was obstructed. i think the answer is both. black people were still in many ways politically marginalized, and economically exploited. that's a lot to kind of square how all that happened in the era of the first black president. but to be sure, he had a head

wind like no president has ever had. >> what do you make of the black lives matter and the stuff with police, the president has tried to walk a line on that. you know, many of his critics, we noted it here on this show, though 'tissed that there's a lot more attention paid to one of those arguments than the other and feel he's diminished law enforcement, which makes some people upset. >> i think the law enforcement diminished itself. you can't shoot black boys and men in the streets and get away with it. it is a black problem, but it's white america's burden. something is wrong in this country when you get to a point where the police are no longer trust trusted. what rahm emanuel did in chicago is heresy. he ought to be kicked out of office immediately, sooner than right now and quicker than at once for sitting on that tape when he knew it. >> was this happening under george w. bush too and people just weren't shining a light on it? >> of course it did.

social media certainly has exploded. but george bush let people sit on their roof tops, people died in katrina. >> do you think the first black president could have brought the light to this? >> absolutely. >> do you think the president has been too conscious of his own skin color, not wanting to get the blowback of making things a race thing. >> he's been boxed in by his own race, and there's so much more he could have done. the debate will be, again, could he have done more or did they tie his hand behind his back. there are some fights ain't worth fighting even if you win, but there are other fights you have to fight even if you lose. some of these fights the president should have fought and didn't fight. great presidents aren't born, they're made. tomorrow night we're going to get a legacy speech and you have to push presidents into greatness. there is no lbj if mlk isn't

pushing him. >> tavis smiley, thanks for being here. tune in to fox for president obama's final state of the union address. bret baier will kick off our coverage at 8:55 eastern and stay tuned for a special "kelly file" at 11:00 p.m. eastern. we'll have reaction from marco rubio and charles krauthammer is here. and up next, republican governor greg abbott of texas, his plan to save the constitution and why it has touched off a growing backlash. don't miss this. they represent blood cells. and if you have afib-an irregular heartbeat that may put you at five times greater risk of stroke they can pool together in the heart,

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constitution. it has never been used until now. joining me now, governor abbott. great to see you. so what's the idea? you want to change the constitution, but exactly how? >> well, first, megyn, importantly, this is not my plan. this was madison's plan, ben franklin's plan, the founder's plan. they knew when they articulated at the time of the original convention in 1787, there would be a need for the american people to alter the constitution as the country grew and evolved. and so they handed to us in article v of the united states constitution the pathway to do it and they knew it would be the people who would need to be able to do it, not government leaders in washington, d.c. that's why they inserted article v into the constitution, so that we can amend the constitution and basically what i'm calling for is not really changing the constitution, but instead returning the constitution to the original principles that

were enshrined in the constitution itself. >> well, like allowing a two-thirds majority of the states to override a supreme court decision? that was not in the constitution. >> what would be a surprise is the way the supreme court justices amend the constitution. there are 27 amendments to the united states constitution passed and ratified by the united states of america. however, that said, the constitution is amended every single year, by just people who wear robes on the united states supreme court. and so often times it is contrary to the people of the united states. even worse, you see the supreme court actually rewrite laws, embarrassingly what chief justice roberts did in the obamacare case where the supreme court played the role of a super legislature. >> but the founders didn't want to just cede everything to the majority. that is not the kind of republic

they envisioned. your version, if we had the supreme court, let's say the supreme court decision casey where they looked at planned parenthood and said yeah, we're going uphold roe versus wade but uphold the rights of lawmakers to curtail those rights. they could erode abortion rights on the edges. let's say two-thirds of the states said no, no erosion. then it would just be the will of the majority opposed to the supreme court telling us. >> it was clear from the founders what they imbued in every paragraph of the constitution, they did not want to empower five unelected, unaccountable judges on the united states supreme court to be able to single handedly amend the constitution in an unaccountable way. but also, think about this, it's not just the court, which is just one of the items you brought up. look at congress. who did the founders, who did the crafters of the constitution empower to write the laws of the united states of america? in article i, it is the united

states congress. despite that fact -- >> but what's happening is the executive branch is issuing a lot of laws through its agency. i've got to go, but what is the next step in your plan? >> one is the state of texas needs to pass this. two, i need to get other states to join in. three, the people of the united states of america need to demand their legislature will support an article v convention of states. >> great to see you. thanks for being here tonight. also big news on this week's republican debate hosted by fox business network. why senator rand paul is not happy, at all! and is threatening to go to war with the media. war, i tell you. i think that's his word. he may have used that word. hillary clinton coming out hard against an exclusive fox news channel report that the fbi is expanding its probe into possible criminal activity during her tenure as secretary of state, reaching now into

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for a cleaner, fresher, brighter denture every day. developing tonight, hillary clinton issuing a fierce denial to a fox news report that the fbi has launched another investigation into her time as secretary of state. sources telling fox news that agents are looking into whether mrs. clinton used her position as the nation's top diplomat to pay off well-connected donors. judge andrew napolitano is here to weigh in on this. and a new twist in her e-mail

scandal. but we begin with chief intelligence correspondent catherine herridge who broke this story today. catherine? >> megyn, three intelligence sources say the fbi probe has expanded with one track focused on classified information found on mrs. clinton's server. the second track on whether the co-mingling of clinton foundation work and state department business potentially violated public corruption laws. fox news is told that fbi agents are investigating the overlap of state department and clinton foundation work. the clinton foundation was investigated and the findings were discussed last spring. >> the fundamental question is with this deal and others we detroit in the book, is it ko coincidence where large clinton supporters have business before the state department, they make large payments and favorable actions are taken? >> the latest state department e-mail released, the number of

classified e-mails identified on mrs. clinton's private account has risen to 1342, including two top secret. clinton insisted nothing she received was classified at the time and dismissed the report that the investigation is expanding. >> is that story true? >> absolutely not. it's an unsourced, irresponsible, you know, claim that has no basis and it is something that really is without merit. >> and clinton said the fbi hasn't contacted her either, but that is simply not how the process works. experts, including a former senior fbi agent, said there's no way for clinton to know the status, because the bureau doesn't have to notify the subject of the investigation

unless an indictment is imminen. >> so she says irresponsible claim has no basis and you have this confirmed by at least three intelligence sources? >> that's right. this was information, megyn, gathered over several weeks, this was not something we learned in recent days. >> catherine, thanks so much. joining us now our senior judicial analyst, judge andrew napolitano. you don't generally want to challenge catherine herridge's reporting. >> no, you don't. her sources are extraordinary and extraordinarily accurate by their track record. but the plain, simple procedure under american criminal law is mrs. clinton could not know that she is not being investigated. because they have no obligation to tell her. >> the most she could say is, not to my knowledge, which is the same as saying nothing because they wouldn't tell her. >> catherine comes forward

saying the investigation is going on from three sources. i have a source that says the fbi has a treasure trove of financial documents showing financial improprieties, as well as a pattern of decisions by mrs. clinton as secretary of state and favorable treatment to the people for whom she made those decisions and contributions to the clinton foundation. that on top of two new e-mails that the state department released at 2:00 over the weekend, one is an e-mail saying if you can't send that document to me through a secured channel, don't worry about it, just send it over a regular fax, showing an intention to deviate from her obligation to keep secrets secure. >> she's basically saying i can declassify something as the state department. >> yes, because another e-mail she says to another aide, remove the classification on there and

then send it to me. mrs. clinton, it is not the phrase secret, top secret or confidential making it classified, it's the essence of the e-mail and you can't change that. >> let's go back to the fbi expanding its investigation. that seems significant. when you're the target of an fbi investigation, you generally don't want to hear that that investigation has expanded. and there's been a question whether this fbi would vigorously investigate her, this is the obama administration, james comey gets almost nothing but praise, and now you hear this. so what does it tell you? >> somewhere between 100 and 150 fbi agents are devoted to investigating mrs. clinton, both on the e-mail and on this new issue of whether or not she did favors to enrich her husband or

enrich the foundation. it's hard to believe that the federal bureau of investigation, in an age of terror, would devote 150 agents on a wild goose chase unless there was something very serious there. it's also hard to believe they are political people. they are not. they are serious professionals who couldn't give a whit about the politics involved. they just want to enforce federal criminal law. >> on the bright side for mrs. clinton, if no charges are recommended, and this doesn't go anywhere, then that is it. >> she's cloean as a whistle. >> shut up after that. but if it goes another way, she may declare war like rand paul. great to see you, judge. >> pleasure. >> he's so angry, and we'll tell you next why he's so angry, and says now that he's at war with

the tv networks. the weekly standard's steve hayes and mark hanna are here to discuss it. and why actor sean penn could face serious legal trouble for his controversial interview with the mexican drug lord el chapo. james rosen has the fallout. and hotel together. all you're thinking about, is making sure your little animal, enjoys her first trip to the kingdom. expedia, technology connecting you to what matters. when a moment 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.

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he ran for senate saying he opposed amnesty... then he flipped, and worked with liberal chuck schumer to co-author the path to citizenship bill. he threatened to vote against it. and then voted for it. he supported his own dream act and then he abandoned it. marco rubio. just another washington politician you can't trust. jeb bush. he's a leader, so you always know where he stands. right to rise usa

is responsible for the content of this message. breaking tonight. the fox business network unveiling the lineup for this week's gop presidential debate.

donald trump, senators ted cruz and marco rubio, dr. ben carson, governor chris christie, former governor jeb bush and governor john kasich will be on the primetime debate stage. and then there was seven. relegated to the undercard debate, rand paul, carly fiorina, mike huckabee and rick santorum. senator paul responded saying he won't be going. >> we are a contender. we think we have a national campaign that can contend for victory and we can't accept an artificial designation by anybody. >> so you won't attend this debate? you won't be in the undercard? >> absolutely. we have a first tier campaign. >> you have notified fox of that? >> we have. >> steve hayes and mark hanna join me now. good to see you both. and then he gave an interview which he said, it won't take

much for our supporters to understand why we're doing this. you want war? we'll give it to you. i don't think we do want war. but we have to abide by the standards that were set long ago on who makes the debates and who doesn't, steve. >> yeah, i always thought that rand paul might end up like a neocon embracing preemptive war but i didn't think it would be against the media. he's been campaigning for president for over a year. he hasn't caught fire in the way many people anticipated, in part because of his foreign policy and because he's been noninterventionist and because we've seen the rise of threats or at least recognizing the rise of threats around the world in the way that makes his foreign policy i think out of step with where most republicans are. that's what explains it. you really don't have much of a beef if you can't get into the

top six or five to remain on the top debate stage. >> that's the thing, what good does it do him to sort of whine about it when you have a situation like with governor chris christie who didn't make the main debate stage two times ago, and he went to the undercard and he did well and got himself back on the main stage. >> he pulled it together and put together a winning strategy. when somebody gets sort of knocked down to that undercard stage, people start wondering what is their winning strategy going to be? is it possible, is this a viable candidate? taking your ball and going home is not a winning strategy. i don't think rand paul here is projecting a lot of confidence in his own campaign and frankly picking a war with the media is, you know, straight up a losing proposition, especially when it's fox business, which should be a hospitable environment for a libertarian like him. >> i think that senator paul has shown frustration in his

campaign before. you recall the moment when he was doing a whole day live stream and that event took him through the state of new hampshire where he had the following moment. >> the third question most popular question from google is, is rand paul still running for president? i don't know, i wouldn't be doing this dumb-ass live streaming if i weren't. yes, i am still running for president. get over it. >> it was iowa. i kind of liked that moment. he's got a sense of humor. he should just laugh this off and try to get back on the main stage, steve. >> yeah, i think he should. those are the moments that i think endeared people to rand paul. >> i like any candidate who swears. what? >> look, i think average voters can identify with having to live stream your entire day. probably not the way most people want to live. we just haven't seen that side of rand paul nearly as much. if you look at what he did on

the main debate stages, he was constantly whining about the rules or making shots or griping. he wasn't spending as much time laying out his vision for the country and demonstrating how -- >> he did some of that. i remember at the first fnc debate he did a lot of that. but his message has not been resonating to the extent he hoped. mark, as we get ready for the next debate, on the main debate stage, who has the most to lose a couple weeks before iowa? >> i think, look, trump now is -- if he doesn't take the number one spot, the whole idea of him coming in second or as a runner-up, there's a saying runner-sup the first loser. anything less than winner is anathema to his campaign. he could implode the way howard

dean did going into iowa and came in third. if trump doesn't have a strong showing in iowa, i think it's interesting to see. in law school and my partner and i went all year in this competition. in the final round of it, we had three judges for the new york state court of appeals, highest court in the state. they came in to judge us. and my partner said to the judge, just being here is winning and the judge looked at him and said, second place is losing, son. i said, hillman! anyway, we lost. we were losers. >> first losers. >> the only time in your life, megyn. >> no, it wasn't. but i still consider myself a winner. great to see you guys. >> thanks, megyn. >> but i went on to win best individual advocate. so in the end it worked out okay. don't forget the first gop debate of 2016 is this thursday on fox business network. maria bartiromo, neil cavuto

will moderate. watch the debate online, then tune in to a special "kelly file" after. equals great rates. it's a fact. kind of like reunions equal blatant lying. the company is actually doing really well on, on social media. oh that's interesting. i - i started social media. oh! it was my...baby. they don't worry if something's possible. they just do it.

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actor sean penn shocked the world by landing in exclusive with one of the world's most wanted men then giving him total editorial control over what he wrote. some say he might have broken the law along the way. james rosen has the story. >> good evening. legal experts say it's doubtful that the actor or the magazine will face any legal jeopardy for their scoop but they're catching flack with the "new york post" "el jerko" headline the least of

it. even though the drug kingpin reportedly requested no changes. formerly mexico city bureau chief with the dallas morning news now with the walter cronkite school of to describe the chapo sean pen meeting as an interview is an epic insult to journalists who died in the name of truth. i don't think it was a meaningful thank you in the first place. we have let people in the past approve their queets in interviews. in this case it was a small thing to do in exchange for what he got. the seven-hour interview recorded in el chapo's hideout in october, also present was a mexican soap star on whom el chapo nurtured a crush. they continued with blackberry messages and a video that he recorded and sent to the actress. mexican authorities say it could be as long as a year before the convicted drug lord is extradited to the u.s. to face

federal charges here. >> he does all his best interviews with mexican soap stars sitting next to him. remember when rolling stone used to cover the greats like david bowie? >> what a loss. what an influence on rock 'n' roll and all of culture itself. great to see david bowie getting the recognition today that he deserves. >> very sad. we'll miss him. was almost always on my mind. thinking about what to avoid, where to go... and how to deal with my uc. to me, that was normal. until i talked to my doctor. she told me that humira helps people like me get uc under control and keep it under control when certain medications haven't worked well enough. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems,

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all right. the powerball jackpot is now up to more than $1.4 billion. and you get to keep 400 million of it if you win. what are you going to spend it on? see you tomorrow. it is a fox news alert. we're just 21 days until the all-important iowa caucuses and the lineup for the next republican debate taking place this thursday on the fox business network is now all set. mike emmanuel is in washington tonight. he has all the details. >> tonight fox business network announced the lineup for this week's prime time debate in north charleston, south carolina. on that stage will be businessman donald trump, texas senator ted cruz, florida senator marco rubio, dr. ben carson, new jersey governor chris christie, former florida governor jeb bush and ohio governor john kasich. despite lobbying to be included in the prime time event and saying he's running a top