so we hope you join us tomorrow. again, thanks for watching us tonight. i'm bill o'reilly. please all r spin. we're definitely looking out for you. breaking tonight, mr. obama's legacy is on the line exhibit along with the future for millions who are living in the united states illegally. as a divided supreme court wrestles with immigration and the power of the president of the united states. welcome to the kelly file. i'm megyn kelly. there's new fall out today from the united states supreme court in a case that offers the justices a chance to define the power of the presidency. the eight justices heard arguments today from lawyers for some 26 states and the house of representatives who say president obama trampled on the constitution. with the stakes running high thousands of protesters on both

sides of the argument descended on the hearings today. despite the fact that more than half of the states in the nation are arguing against them, we have confirmed that there was a large contingent of illegal immigrants inside and outside of today's hearings. we'll hear from a protester who was inside the high court today in moments. a judge explains why he thinks the administration and liberal justices were trying to lead the chief justice into a trap, but first shanon explains what went down today. >> the court appears split over whether the president overstepped his constitutional boundaries when he announced programs that bloncked the

deportation of those here illeg illegally. one side was arguing the president acted because congress wouldn't, but the other side said that would have no bearing that a president is allowed to step outside their powers. justices pushed with tough questions and the man who is often the swing vote justice impressed criticism about the way this played out. the briefs go on for pages. that seems to me to have it backwards. it's as if the president is setting the policy and the congress is executing it. that's just upside. supporters of the president's actions say they are backed by both authority and necessity. the congress has given the president the discretion to set priorities for who goes and stays and noting the diskrepsy between the number of those here illegally and the funding provided for deportations, today

a justice said priorities have to be set. and with eight justices we are once again facing a possibility of a tie. if that happens the lower court ruling remains in place and in this case the lower court put the president's programs on hold so supporters have to hope they convinced at least five justices today. >> thank you. as we mentioned a number of undocumented individuals were both protesting and attending today's hearing, including our next guest. he was joined by a 6-year-old girl who has become a symbol for this issue after asking pope francis to make sure her parents were not deported during his recent visit to washington. he is editor of #emergingus. you said this was one of your proudest moments as an aspiring

american today. explain that. >> i have to say my mother sent me here when i was 12. can you imagine a mom putting her son a plane and saying i'll see you later, a better future is in the u.s. and not in the philippines. my mom made a tremendous sacrifice to do that. that was almost 23 years ago. so to think that that 12-year-old kid was inside the supreme court courtroom today it still bogles my mind. i have to say it's probably the greatest honor of my life here in america was being inside that court and hearing the justices really debate this with a kind of intellectual rigor that is missing from the conversation about immigration from donald trump and ted cruz for example. i was seated next to the little girl the whole time. 6-year-old girl, both of her parents are undocumented. she's a u.s. citizen. she's a u.s. citizen. if this executive action doesn't

go through who are going to happen to her parents. if her parents get deported what happens to this girl. we were there for two hours and she was starting to write the names of the justices on her little notepad and she said to me so how many votes do we need? i said well, we don't want it to be a tie. so like a five. >> it can't be a tie. >> it can't be a tie. >> it can't be a tie for your side. i want to ask you because you know what the ashlt rgument is e other side without boarders we don't have a country. >> i get that, absolutely. >> the second piece is what about all of those people who want to come and live in america who have waited, quote, in line, who didn't break the laws and want to do it right. are they getting the short end if this executive action goes through? >> let's answer both of those points. one, absolutely a country has a right to define and defend its boarders. i respect that and i respect it so much that i outed myself as

undocumented. i said i'm here and i've been leer since i was 12. what do you want to do with me. president obama has deported 12.5 million of us. absolutely i respect anybody who is waiting in line to come here. you want me to wait 15 years, 20 years to be an american, absolutely i'll wait, but there has to ab process and right now there's no process. >> thank you for being with us tonight. >> thank you for having me. joining me now with more is fox news senior analyst. judge, good to see you. >> likewise megyn. >> he's right sitting in that united states supreme court. i practiced law and you're a judge. let's start on a good point which is this amazing process by which we decide certain things in this country compared to

other counties that we see. >> he saw today an extremely digfied oral argument. the eight members of the supreme court devour the legal briefs and come in fully equipped with the exception of justice thomas who prefers not to ask questions and they come in to challenge the lawyers -- >> they're trying to convince the other justices. why do you think some were trying to set a trap for the chief justice. >> there were two oral arguments today. there was one, but there were two parts. in the first part it was very much against four. the four conservatives were prepared to vote that the president doesn't have the authority to do this, no matter how it tugs at the heart strings. the court liberal justice is saying the president did the right thing.

he has the authority and congress has given him the authority. then a justice said to the slig solicitor general, she said can we tweak that and she said that knowing the chief justice likes questions like that and he likes being creative and he likes to be able to salvage things and he went along with it forgetting this is not a law written by congress that's presumed constitutional this is the president making up a law. it's presumed unconstitutional. it's not their job to try to salvage it. >> they might wind up with a law that the congress never approved that the president drafted it that the united states supreme court tweaked. >> if you tell me it seemed to me that they were divided on the issue of whether the president had the power to do this. if they're divided 4-4 then

texas and the 26 states win because they went in with a win and the president's executive action would fail, but they seem to be finding a way to get out of this on a technicality to say you states don't have a standing to be here. do you think they're going to quick the states out because you plaintiffs don't have a right to be here? >> i don't think that's going to happen because the chief justice hi himself said uro yyou have stan. you're being forced to issue driver's licenses. i think 4-4 on whether the president exceeded his authority and it's 4-4 on whether they're standing. the question is did the chief justice do some thing like he did with the affordable care act in order to try and save this. if he does not and it stays at 4-4 then this thing dies. >> texas wins. >> if texas loses and the white

house wins the president will have a field day as to what he can do in the next eight months remaining of his term. >> the attorney general of texas told me if texas loses this case and obama wins it will go back to trexas for a trial. always a pleasure sir. >> thank you. it really is something everybody should do in the course of their lifetime, go in there and sit and listen to an argument. you will be proud of the way our system works. it's got some kinks here and there, but overall we're doing all right. with a little more than eight hours of the first polls opening here in new york city, indications suggestion it coul a good night for donald trump. there could be bigger issues on the horizon. hillary clinton and bernie sanders have split with president obama who may be responsible for the 9/11 terror attacks. we have a take on the president

and on the politics. a 19-year-old girl helped charles manson slaughter innocent people in a crime so horrifying. now she may go free. the sister of manson's sister sharon tait is here to detail why she thinks this woman could kill again. don't go away. >> the manson maniacs. one of them get out and climbed a telephone pole and severed the wir wires. they climbed over this embankment and proceeded to rewrite criminal history in blood. it's more than the cloud. it's multi-layered security and flexibility. with centurylink you get advanced technology solutions. including cloud and hosting services - all from a trusted it partner. centurylink. your link to what's next.

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breaking tonight with a little more than eight hours until the polls open in new york, donald trump looking to hold on to his home state and earn at a minimum a majority of the 95 delegates at stake. right now the odds look very good. the latest average shows trump with a commanding lead over ted cruz and john kasich. you can see cruz coming in third according to the polls in this state, but that's just part of the story of tonight's big political action. in moments we'll be joined by

former new york city mayor rudy giuliani. we are reporting from new york where trump wrapped up a rally. >> reporter: we're here at the first my ag raw center and mr. trump put in over 11,000 people in a capacity of a 19,000 arena and it was a rackus rally. he's looking for a sweep of the 95 delegates up for grabs tomorrow night. to do that he'll have to get a majority statewide and then a majority in each of the state's congressional districts. if he falls short it would become proportional and that would be a significant setback, but his goal is to get about 80 delegates. this evening he gave ted cruz a big flap down. listen. >> here's the man that turned

down money for this state and plenty of other money. we had lots of things coming into new york and he voted against. no new yorker can vote for ted cruz. >> reporter: the latest polls from the wall street journal shows that trump now has crested 50% in new york and has more support in that poll than both cruz and kasich combined. cruz was holding nothing back today. he's been arguing for several months this is likely to go to a contested convention and he said today there will be a bagts in cleveland signaling that he intends to fight all the way there. as for john kasich trump gave him a whack saying he's only won one of the contests so far. kasich says he's going to the convention too. he says regardless of the delegates by the time the republican party gets to the convention in july they'll recognize that cruz and trump are not the candidates to go up against hillary clinton and that kasich who is has been both a

governor and congressman is. >> thank you. heading into new york donald trump is enjoying a substantial lead in the overall delegate count. nearly 200 ahead of texas senator ted cruz leaving john kasich way behind. when it comes to securing the delegates he will need if there's actually a contested convention and it goes to that second ballot, that is a different story. tom bevin is the co-founder of real politics online. thank you for being here. there is a piece out today that says trump is great at winning primaries, but bad at securing delegates needed in case of a contested convention. does that about sum it up? >> it does. trump is playing big ball. he's trying to win votes and states and he's trying to accrue the delegates that are supposed to come with that.

cruz is playing small ball. he's working these individual states, this process by which the delegates are selected and he's doing a pretty good job of putting his people in those positions so that when they get to cleveland in july, even though trump will have a lead in the overall delegate count of which of those folks are bound on the first ballot, trump may have more folks loyal to him. >> cruz may have folks who are loyal to him you're saying. >> yes, i'm sorry. cruz may have folks. >> cruz's strategy is basically death by a thousand cuts to trump. he can't knock him out with some big win in new york. he's not going to knock him out with some big win in california according to the polls. so it's little bits here, there and everywhere. >> look, this is how it's done. this is cruz's argument. these are the rules and everybody knows and rules and he

does have a point. that's how he's going to -- that's his only chance. he's eliminated from getting to 1,237 at this point, especially after tomorrow night and this is his only hope to get to an open convention and trump is really i think most people think he's one and done. if he doesn't win on the first ballot, it's unlikely -- >> what are his odds now of getting to 1,237 given how well he's likely to do in new york and in california where trump is leading and cruz is expected to do all right? >> i think he's still got a chance. it's slimmer than it was before because of the way some of these states played out. tomorrow night if he does better than 80 delegates and what he does in the next two weeks in the northeast, he'll be in a good position. he won't have to kill it in california. if he doesn't do that well and if he loses in indiana, he's going to be tough.

he would have to win almost every delegate in california and that seems unlikely. >> tom, thank you. >> you bet. >> crazy right. joining us now former mayor of new york city. we were talking about who would have thought new york city would be relevant. >> who would have thought we would be coming down to new york and ultimately maybe even california. >> the magic number for trump is over 80 delegates in new york. do you think he'll make it? >> i think he'll go over 80. it's a question of how many of the congressional districts go over 50. he's probably going do it in most. he's going to probably come out of new york with somewhere between 80 and 90 delegates. >> how do you like his chances of 1,237. >> the only person they exist for is trump and trump is going to go in with a big lead.

>> with more votes. go ahead. >> so the cruz legal argument is correct. those are the rules, i'm playing by the rules, i'm making deals behind the scenes. that's all fine. the political argument is bad. we have a republican electorate that is angry at washington for deal making and angry at the elit and now we're going to reject the will of almost the majority of the republican voters. that's tough. >> the republicans any way you slice it at this point given how divided they remain this in the process. >> it is. it's not good, but i mean the reality is if you look at the polls, 70% of the republicans believe the person with the most votes should be the nominee. >> 64% i think according to the poll. >> which is called democracy. the other is a game plan. >> holding up the rule book. >> the 19th century we sit back

and figure out who gets what position. having nominated presidents through primaries for most of the adult lives of the people in america this is going to be strange. >> we're not used to this. >> some guy who was ahead by 300 votes loses to someone who is behind him by 300 votes and a bunch of people that nobody ever met picked that guy. >> you have -- you say you're going to vote for donald trump. >> tomorrow morning i'll wake up and go vote for donald. i've urged all my friends to vote for him. i think of the three candidates we have left in the republican primary he's the best candidate and i think is the best chance to beat hillary clinton which is my on major objective. if i thought cruz had a better chance of beating hillary clinton i would support cruz. i think cruz is a fast ball that the democrats hit out of the

park whenever they want. straight, right wing, very doctrine, very easy to beat, can't win the northeast or the west. trump is a fast ball. >> he's a closer. >> no. he's unexpected. hillary doesn't have a rule book for running against donald trump. she's got one for running against cruz. she's run against cruz before. >> why not endorse him? >> only because i'm not part of the campaign. i don't want anybody to think that i am an official on the campaign, i'm part of the campaign. i take orders from the campaign. >> nobody thinks that. >> i support him. >> the new york post supports donald trump. >> i'm a political person. whatever i endorse, i go make speeches, i'm part of the campaign. >> you're like i don't want to travel. i want to go on the "kelly

file". >> if they make the changes i would like, maybe. if the organization was what i would like to see -- >> i think they're shoring it up. >> i think he's the best candidate. if people want to interpret it as an endorsement, but some of the things they do like with you and about the mexicans, i don't agree with. i worked for ronald reagan and i agreed with ronald reagan eight out of ten times. i agree with trump about eight of ten times. he's been a friend for 25 years and i trust him. >> great to see you mr. mayor. it was almost 50 years ago when charlie manson and his family carried out one of the most horrifying crimes in american history.

one of the women who killed for charlie may be about to go free. the sister of one of the victims, sharon tate, who was 8 1/2 months pregnant was murdered and shes here to fight to keep them behind bars. president obama, ♪ we do it for the ones who rise before it shines. the ones who labor for what they love. ♪ because at banquet we believe that every dollar should work as hard as the family that earned it. that's why we're making our meals better. like using 100% natural chicken breast in our chicken strips and adding real cream to our mashed potatoes. so now, there's more to love with banquet. now serving... a better banquet.

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at least two of them in san diego. we need to know that. there needs to be justice for the victims of september 11th.

i think, after 15 years, now could be the time to declassify these 28 pages. >> if what is in the pages suggests the saudi government or top officials in some way were behind september 11th or had a substantial role in september 11th, don't we need to know that? or is that something that doesn't serve us to know? >> to the extent it doesn't hurt our security, two administrations decided that it would hurt our national security. i haven't seen the 28 pages and neither has dr. gorka. but we know saudi arabia was turning a blind eye to terror, one of three countries on the face of the earth that recognized the tall hi ban regime that was harboring al qaeda. in 2003, vice president cheney gave a speech, runned phasers were providing money and

logistical support to al kwaeda. these are things we already know. we don't know all of the details but president bush made it clear, you're with us or with the terrorists. and saudi arabia choose to be with us. now, they're a important counter terrorism partner. before september 11th they weren't helping. >> what is the take away on that? they did help and participated but came over to the lightness after september 11th. now, what are we supposed to do? >> look. the reality is that saudi arabia, like pakistan, is a fundamentally schizophrenic nation. we know they cut a deal with jihadists after seeds of mecca. we know elements have been funding jihadi organizations around the world. >> we need them, still? >> right. but that doesn't mean as a

government, they're just conflicted and schizophrenic. they need to get their house in order and decide whether they can clean their house and make sure they're on our side again. they've been kind of half pregnant for 15 years. >> it's like dealing with cybill. the movie, she had all of the personalities so the bad, then, the good. we don't know which we're getting. we decided to pretend it's all good because they can provide some benefit to us. i ask you. do we -- are we gaining something by keeping 28 pages secret? bob graham is saying release the pages. that this classification is nonsense. the american public has a right to know who is behind the attack. and there is no reason to continue protecting them. >> well, i think that is probably true. again, as long as it doesn't cover my sources and bob graham

has seen the documents so he knows better than either of us. and there are other people in senior positions that disagree. i can't make a judgment on that. but we do know that the september 11th commission found that the saudi government as an institution and senior officials, did not participate in the september 11th attacks. >> the question is, were there princes? a saudi king with dozens of wives and dozens of sons, and where there people who did as a matter of ideology help the september 11th attacks? we do need to know that. absolutely. >> so dr. gorka, what is your take? some are pushing the bill that would allow the september 11th family members to sue the saudis and they're making threats against us if we do this. they're going to pull assets

out, hurt the united states so looking for the number here, it's substantial. i don't have it in front of me. >> $750 billion. they're threatening to sell $750 billion in u.s. assets. that is just a smoke screen. that is never going to happen. that regime cannot survive without us. the wording of the september 11th commission report is incredibly precise. the saudi government as an institution and high ranking members of the government were not responsible for september 11th. that is very, very telling. >> as a lawyer, it's like -- >> you know it. >> they could have done better, we get it. thank you. >> thank you. >> the secretary of the treasury just reneged on a major promise he made with america and it may

not sit well. >> plus, she was a prom queen before became a follower of charles manson and went on a murder spree that shocked the nation. the sister of a manson family victim joins us next. >> i have no excuse for what i have done. my intentions were without justification. another day, and i'm still struggling with my diabetes. i do my best to manage. but it's hard to keep up with it. your body and your diabetes change over time. your treatment plan may too. know your options. once-daily toujeo® is a long-acting insulin from the makers of lantus®. it releases slowly to provide consistent insulin levels for a full 24 hours. toujeo® also provides proven full 24-hour blood sugar control and significant a1c reduction. toujeo® is a long-acting, man-made insulin used to control high blood sugar in adults with diabetes.

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>> supporters say at the time she murdered rosemary labianca she was a misguided teen under the influence of lsd. her attorney says her release is long overdue, and the state parole board cites her 46 years without a single rule violation. she plead she's remorseful and deeply ashamed. here she is during a 2010 hearing. >> there is no excuse for what i have done. my actions were contemptible and with out justification. >> but the los angeles district

attorney are trying to block her release. reminding the public that she was among the so called manson family members who invaded the home of leo and rosemary la bs bianca. during her trial, she spoke in chilling detail, saying she held down rosemary la bianca and testified how she, and patricia kremwrinkle finished the job. quoting, i took one of the knifes and patricia had a knife and we started stabbing and cutting up the lady. then, she stabbed rosemary la bianca 15 times. and her release needs the approval of governor jerry brown, last year, brown refused to sign the release for another

manson family member. >> trace, thank you. joining us now is deborah tate, in this hearing that led to the recommendation van houten be deemed eligible. thanks for joining us, deb. >> thank you. >> so your sister, sharon was brutally murdered by manson and his so called family and this woman was convicted of conspireing in addition to the double murder she participated. >> in absolutely correct. >> you were in the hearing. >> how did they get to the point they felt she should be paroled? >> she has a master's degree and well educated. she used the rehabilitation program to her best. in that way, she looks great on paper. i am not so sure that anyone is capable of doing things like that, that is plunging a knife deep into someone's body 14

times. can ever be rehabilitated from that. there is a mean, dark, and ugly side. mind you, she did that after knowing full well what the carnage was the night before at my sister's house. >> one day after another. >> correct. >> she admitted she put a pillow over the victim's face, wrapped around a lamp cord and that she heard the gutteral murder of the husband in the other room. however, you know her defense now. which is i don't offer excuses. i'm deeply ashamed. she said she was under the control of a madman and never committed a violent crime before that moment. >> i'm not sure i buy the under the influence of a madman. there was many manson family members that chose not to participate in murder, creepy crawlies, that was the act of

going into peoples' homes in the middle of the night. there were people that chose to leave the manson family when things started to turn to the dark, violent class of teaching the various family members how to use a knife. and the correct way to take someone's life. if she wanted to go, she could have gone. this is a upper middle class young woman, who graduated and had a good set of skills, that she could have started a life with. her father provided a great life. >> she was on lsd. now, they seem to be focused on her model behaviors a prisoner. that she's educated other women with self help programs. they say that they're buying her c

contrition. >> what else could someone do except use their time to the best of their ability to help plea for their freedom. >> do you think she's a danger? or more about punishment? >> no. i believe in the bottom of my heart this woman is fully capable of being a danger to society. it's not actively taking part in that active murder again, at least in the way that she influences young peoples' minds. the manson family has more followers today than they ever did through the internet. there is an organization called atwa. airs, trees, water and animals. young people join this organization thinking it's good. peace, love, just as in the 60s. it's the face of it. but underneath there is an agenda. that is a race war. >> which was charlie manson's goal. >> absolutely.

>> you're petitioning governor brown to reject this parole. he did it last year, with another manson associate what. do you feel your odds are given? >> i'm hoping and praying he does the same thing and rejects. however, i would like to implore that the public go to noparoleformanson family.com to sign the petition to let the politicians know how we feel. >> i asked deborah to walk me through how she first found out about her sister's gruesome murder and she did so in chilling exchange. we posted that at facebook.com/thekellyfile. >> up next, how the secretary of the treasury just reneged on a

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u.s. paper currency has been in the works for some time.ly trea jack lew made it sound like the $10 bill would be the first to get a makeover. it seems like the hip hop broadway musical "hamilton" influenced the secretary in ways no one could have expected. chief washington correspondent james rosen has more. hey, james. >> megyn, good evening. not since president obama declined to enforce his red line in syria has an american public official so visibly reneged on a so highly publicized a promise as the treasury secretary has done in this case. jack lew said last june that the $10 bill would be resigredesign include the portrait of a woman, alongside alexander hamilton, better known to some as the genius architect of our nation's financial system. all that was before millions of people protested and before the broadway musical "hamilton" re telling of the founding father's story in hip hop idioms had demonstrated its box office

appeal and critical acclaim. today the play was awarded the pulitzer prize for drama. treasury is abandoning lew's promise to have a woman share space with hamilton on the $10. instead the plan calls for the back of a $10 bill to feature a panorama of dynamic women throughout history, a move that triggered comparisons to the demand of rosa parks at the back of the bus in montgomery, alabama, during the civil rights era. as well treasury is said to be looking to evict andrew jackson, the seventh president of the united states from the front of the $20 bill in favor of a woman yet to be named. as all along the front-runners in this race for immortalization on our currency are rosa parks, civil rights icon who died in 2005. susan b. anthony. and eleanor roosevelt, the first lady following her husband's death championed human rights. these moves will take years to enact with the redesigned $10

bill to debeut in 2020. the new $20 sometime thereafter. >> in 2020, $10 bills with alexander hamilton on the front and a woman to be named on the back, a collection of women on the back. we will celebrate the 100th year anniversary of women's suffrage with a bunch of women on the back of one bill. >> yeah, you know, it's bad enough, megyn, when our leaders cave into political pressure but downright contemptible when our leaders cave in to broadway pressure. "jesus christ superstar" can almost see tipping the scales of justice here, the invisible jazz ha hands of the elites. >> where could this go next? this little 9-year-old girl sophia started this movement. she wrote, i think putting women on the back of the bill would make women seem less important. you think? great to see you, james. always a pleasure. >> likewise. >> likewise. it's more than a network. it's how you stay connected. with centurylink as your trusted technology partner,

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the complete coverage of the battle for new york. we'll be live as the polls close in the empire state and have live reports and complete coverage from brit humes, stewart stevens, debbie wasserman-schultz. ought to be interesting. it was the last time. see you then. tuesday voters head to the polls in battle for new york state. michael cohen, peter townsend jr., geraldo rivera weigh in. the majority rule. that is an american concept that i can't imagine us turning our backs on. >> then rnc chairman reince priebus stands by the rules that a candidate needs a majority of delegates to win the nomination. does this mean we're headed for an ugly contested convention showdown? >> hillary clinton. we can't let it happen. >> and donald trump unveils hillary clinton's new nickname. plus, the democrats have a major problem -- >> could you support hillary clinton if she won the nomination? >> absol