-- gauche? no one. that's it factor tonight. the spin stops here because we are definitely watching out for you. breaking tonight with less than 10 hours to go from the first votes in the next critical primary, g.o.p. frontrunner donald trump is blasting his rivals as pathetic as they join forces in an attempt to block his path to the republican nomination. good evening and welcome to "the kelly file," everyone. i'm megyn kelly. we are now just hours away from the battle for the east as voters in pennsylvania maryland delaware connecticut and rhode island head to the polls. while donald trump is expect to do do very well team night, that is not what people are talking about tonight. hours ago, trump unloading on senator ted cruz and governor john kasich. yesterday their campaigns announcing that they will work together to defeat donald trump in some of the

upcoming primary contests. it will start next week's indiana primary where governor kasich is helping clear the way for senator cruz to take trump head on. here are both of of the candidates today. listen. >> the john kasich campaign announced that they are pulling out of indiana. leaving this as a direct one-on-one choice for the people of indiana between our campaign and donald trump. >> i don't see this as any big deal other than the fact that i'm not going to staff resources in indiana. is he not going to spend them in other places. so what? >> tonight, donald trump with a response of his own. >> lyin' ted announced that he can't win by himself. he cannot do it. you know, is he a choker. he cannot do it. so he said let me form a partnership which i call -- what do we call it? go ahead. go ahead. what do we call it? it's called collusion folks.

>> in moments, we will be joined by former presidential candidate herman cain and editor of the daily wire.com ben shapiro. first, on how this strategy will take shape over the coming weeks, chris stirewalt who is digital politics editor. so, i mean at first it was like i hate that guy. i'm not going to work with him. and now it's like cruz and kasich sitting in a tree. [ laughter ] it's finely dawned on them that trump has a point. they cannot win on their own. >> well that's true. and these kinds of things aren't entirely uncommon. we remember when donald trump colluded. it's not collusion but when he teamed up with chris christie to stuff marco rubio in a locker in new hampshire which was enormous help to trump. >> he was little so it was easy. >> just put him in there. >> this kind of stuff happened. the question is, is it effective? certainly there were times earlier in the cycle where candidates could have teamed up. if jeb bush my god, any

number of points had a chance to have done something effective in this way rubio might have had a chance at earlier point. they are down to the final pairing, is there enough them in cruz and kasich together? are there enough votes left? there is two issues delegates and momentum. trump's the momentum. he wants the narrative that says he can't be stopped. he is fighting a crooked, corrupt disgusting roach-food eating republican party and that -- and what ted cruz and john kasich have to worry about is survive that narrative, get as many delegates as you can and fight them -- >> speaking on the food eating issue. i want to show the viewers. a cell phone came out and hit john kasich in a very interesting way. watch this. >> i have never seen a human being eat in such a disgusting fashion. [ laughter ] i'm always telling my young son barren and i'm always with my kids. all of them. i would say, children small little bites.

small. this guy take as pancake and is he shoving it in his house. it's disgusting. >> this was a reference to kasich earlier. the viewers can make up their own mind about whether he ate appropriately. what does this say about the race at this point, stirewalt? >> that we are all taking crazy pills. i don't know. what does it say about the race at this point? >> nothing. >> it's nothing. but it is a remarkable thing to say. and kasich is going to miss out on all the corn on the cob if he would have went to indiana. >> let's be thankful for that. >> he will miss out on that. and cruz will have to skip out on the green chili in new mexico. >> that's the deal. cruz is getting out of new mexico and what's the other state? >> glorg kasich isn't s. getting out of indiana. indiana, how much does that help cruz in indiana because indiana it's winner-take-all by state and congressional

district which i don't really understand that. but basically you want to win it and you don't want john kasich to be in it. >> not only do you want to win it but given the relatively few number of congressional districts there, a good performance turns into winner-take-all, winner-take-all in pretty fast fashion. most importantly though cruz needs to take as many delegates off the table as he can from trump right now. if their partnership not really a partnership, it's a nonaggression pact between the two of them. it's still the snake and monday -- mongoose. they have agreed enemy more threatening to both of them. if they effectively use this by strategic campaigning in california to deny trump the necessary number of delegates, is he probably going to be short. they need to hold him maybe more than 100 back. right now is he on track to be 65 or 70 back. they need to up that number so that is he far enough back so he can't go over the top with bound delegates.

teaming up it auto looked too good for trump and establishment media narrative. donald trump, crooks crooks. >> they had no chance. they had to do something. >> right. >> your reference to the snake and mongoose is interesting. you are a parent and so am i. all i could think of is the book little be. little be why do you flee? because there is a scary snake chasing me? mongoose is chasing the snake and ultimately the lion is the one -- anyway check it out. it's a great book. great to see you, stirewalt. >> good to see you, too. >> joining us now herman cain former presidential candidate and fox news contributor. author of "the right problems" what every candidate should be working on. editor and chief of daily wire.com of an article critical of trump for complaining about this plan. good to see you both. herman cain, tell us why this is nod a good idea for cruz and kasich. >> it's not a good idea

because sometimes divide and conquer works. but, in politics it may not and we really won't know until after the primaries tomorrow and the primaries a week from tomorrow. that's when we will know. but, here's what this alliance does recognize. it recognizes that john kasich and ted cruz can not get the nomination. it does not recognize that it is still possible that donald trump could get it. i think they fear that more than they worry about trying to force a contested convention. >> ben, trump says this is evidence of corruption, the corruption he's been telling his supporters about for months. >> well i really appreciate the babe in the woods routine from donald trump the guy that he said he spent 30 years essentially bribing democrats and then cut a deal basically ted cruz nonaggressive k pact with ted cruz for several months. and then he cut one with ben carson and rick huckabee and

rick santorum. e art of the deal master and complained and suddenly he has found honesty. suddenly he found that the political process requires honor. ted cruz has been begging john kasich to get out of the race for months. all it does is get john kasich out of the race where cruz would do best and gets cruz out of the states where cruz would do best. it's cruz is saying to kasich you won't get out, fine, let's acknowledge relates. as long as you are not going to get out and i'm not win going win the demonstration outright we ought to split the stays we do best in. >> what about that herman cain, if cruz is hand diddly defeated in indiana he is in a whole lot of trouble. if he can win that state it may change the course of the election. >> it could be a game changer if trump wins big in indiana as well as oregon and the other states where they have sort of split their resources. it could be a game changer and it will give trump that momentum chris referred to

in the previous segment. so i think that it's a calculated risk obviously. everything in politics is a calculated risk. so far, the opposition to trump they have thrown everything, except the kitchen sink against trump and it has not worked. it has simply empowered people who want to support trump. i expect the headline on wednesday to be kitchen sink is coming down the pike to donald trump. that's the only thing they haven't thrown at him yet. >> tuesday night, tomorrow night is he expected trump, to do very well here in the northeast which they are calling after the high speed train and services. the question is what happens then? that's what kasich and cruz areing will to. you are saying your article there are three reasons why this deal is perfectly legitimate in your view. the first one is that trump does not have majority support. what do you mean? why does this not make will he jis mat? >> 37% support. unless the gay on the other

side of the aisle quote unquote -- we never get to see exactly how many freedom against trump. he can complain all he wants. he hasn't won a majority. there is nowhere where he has won the popular vote. 7% of the popular vote and 50% of the delegates. not obviously great enough to stop him. beyond that, donald trump can complain all he wants about losing the pledge delegates. the reality is this, if he comes up short and doesn't get enough pledged delegates that is his fault. trump has campaign manager paul manafort telling delegates he can be a different guy and strip off his mask and he will be ronald reagan in the mask. the delegates don't believe this and trump is having a hard time convincing them of it. makes it difficult spend most of the day ripping on john kasich eats pancakes while you stuff your face with cheetoes. >> that was a big bite. tiny by bites are more lady

like or gentlemanly. even critics should allow for that ben, what about that point that he made about said to the party delegates or leaders down in hollywood, florida. weighs telegraphing that trump two people. he has been playing a part. what do you say to that allegation? >> is he not telephoning that trump is two people. this is just a sound bite that ben and others want to pick up on. that's not the case. what manhattan for is -- manhattan fort is basically saying, donald trump has been running wholesale campaign appealing to the masses ever since last june. he is also saying that donald trump realizes he is going to have to do more retail politics with the delegates as we go forward. that's not two people. that is a businessman realizing the reality of the situation that he has to apeople to some of those delegates. i believe he is going to be able to do that despite all of the noise that ben is referring to along with a

lot of the other people. >> the other two points that you have raised in defense of this alliance is number one trump made alliance with cruz himself. third thing is you say trump doesn't have the capacity to reign it in and be the more presidential version of itself that manafort was suggesting trump can be. he has been controlling himself over the past few weeks. wouldn't you agree? >> if this is donald trump controlling himself, i cannot wait to see what he looks like uncontrolled. he tiled it back from a spinal tap 11 to spinal tap 10.5. you played a clip five minutes ago of him talking about john kasich eating pan cakes and yesterday at a rally he did a full on impression what it look woo look like presidential. staggered on the stage like hillary clinton. it's funny stuff. is this the kind of stuff that makes someone a commander and chief and makes delegates comfort to be make him a commander and chief. delegates are splitting

disproportionately against trump which is advising given the fact that trump has basically threatened riots at the convention if they don't give it to him. >> is it his humor that has got him involved or more incendiary comments he has made that we have heard about at this point. >> here's the thing, donald trump has not gotten himself in trouble being donald trump.+ (si about his tone well, last time i checked, he is leading in delegates. is he favored to win all those primaries tomorrow and he might just pull it off and get 1237 delegates. this game is a long way from over. so, all of this political noise about what trump said/gk p'd what he didn't i think people appreciate two things. many things in donald trump. number one, they appreciate his honesty and integrity and appreciate his sense of rumor. every time he says something funny annie trump try to turn it into a frenzy and it simply has not been working. >> there has been

controversy. herman seriously when kasich ate that pizza with a knife and fork that's when you went chief trump. >> no. no comment. i don't care whether you -- i don't care whether you eat pizza with a fork or eat it new york style and you told it and take a bite. it does not matter if it's good pizza. >> amen. good to see you guys. both of you. thank you. >> thank you. >> so big news today as donald trump has agreed to sit down with yours truly for an interview. and my upcoming fox broadcast network special. this is big news. this following our heart-to-heart earlier this month at trump tower which he agrees to at my request. the g.o.p. presidential frontrunner will be a guest on megyn kelly presents or it might be megyn kelly presents. we will see. may 17th, a tuesday night on fox tv the "american idol" fox. the empire fox. not the fox news channel.

big fox at 8:00 p.m. eastern time. extended portions of that interview that you will not see over on big fox will then appear over here right here on the kelly file the very next night on the fox news channel. i look forward to what promises to be a compelling and wide ranging sitdown. well, hillary clinton says she has a battle plan ready in case donald trump tries to soften his image in the general election matchup. with you there is new polling tonight that could send shivers down the spine of democrats as well as some republicans. ben domenich. >> group of middle school students ginsenging the national anthem during a visit to the 9/11 memorial. why were they ordered to stop in the middle of the song. the kelly file gets answers. and there is some 200,000 ex-felons, including murderers and racists getting their voting rights concerned. there are growing concerns that this has nothing to do with equal rights and

everything to do with helping hillary clinton. judge andrew napolitano explains why he says there is no way you can ignore the micks at play. >> i think some of the language coming outs of the republicans, i would tell them to be very careful how they frame this. very careful their rhetoric. ♪ ♪ ♪ ♪ does nobody use a turn signal anymore? ♪ ♪ ♪jake reese, “day to feel alive”♪ ♪jake reese, “day to feel alive”♪

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before paragraph breaking tonight, two national polls delivering mixed signals for hillary clinton as she prepares for a potential general election matchup against donald trump. in one poll secretary clinton holds a sizeable 11 point lead over donald trump. another suggests a much tighter race with clinton ahead by just 3 points over the g.o.p. frontrunner. this as mrs. clinton's camp releases a new political ad targeted not at her democratic rival bernie sanders but at donald trump. watch. ♪ ♪ >> i will be changing very rapidly. i'm very capable of changing to anything i want to change to. >> at the right time i will be very presidential you will be so bored. >> they're bringing drugs. they're bringing crime. they're rapist. >> i will use the word anchor baby. this is a country where we speak english, not spanish.

>> one of my personal hair heroines when someone shows you who they are, believe them. [ applause ] >> well for his part mr. trump doesn't seem so concerned about his standing versus secretary clinton or that of his g.o.p. rival john kasich for that matter who right now beats hillary in most head-to- polling watch. >> he keeps talking about how he does with hillary clinton. he hasn't had one negative ad yet. they put in the first negative ad about him. he is going to collapse like a rock. wait until you é13ç this. boom. boom. you will see. you will see. i will beat hillary clinton, crooked hillary. i will beat her so badly. [cheers] >> so badly. >> ben domenich and tucker carlson anchor of "fox & friends weekend." okay add? >> i think it's an okay ad.

she is shifting to general election conversation and anticipating that donald trump is going to soften his message as he gets closer to the republican nomination. you know for myétik÷ part, i don't think we actually see that yet. it was interesting listening to you talk to some of your prior guests about. this from my perspective being presidential is not necessarily about the tone but the message. in the sense that at this point in virtually every presidential campaign in the past you see a nominee as they get closer and closer to the mark they need to hit. recognize that they need to win over the support supporters of some of their closest competitors. they do by extending olive branches and inviting people like ted cruz or john kasich. into the fold. i'm looking to backing people. i would have thought he would have shifted to that already. >> tucker what did you think of the ad. >> i emphatically agree with ben it's about the tone. still a contested primary. maybe that's why it is so bitter.

the ad is ineffective. you can say he is stunt know enough. that doesn't make any argument. it basically says he says outrageous things. well, that's demonstrablably true. a lot of people are voting for him because of that he says he changed his opinions. he has bragged about that hard to expose a man who exposes himself as much as trump does. also assumes you are appalled by his position. people's attitudes have changed an awful lot in this year. is it really so crazy to say surveil extremist mosques. we have been doing that since 9/11. is continue sane to claim illegal aliens bring some crime? actually they do. she could win if she made an argument. but saying this game is prima facie racist isn't rebuttal of what trump is saying. already wins people who have already on your side. so diseffective. >> ben, let's talk about these polls, there is one that shows her 11 points ahead of trump in a head-to-head matchup a suffolk university poll. and another one george washington university battleground poll that shows her only three points over

him, which is about as tight as we have seen it. what do you make of it. >> the battleground poll is a bit of an outlier: most of the polls we have seen have shown trump in the high singles. it is a poll that should encourage the trump camp. at the same time, it does have a couple of aspects of it it that seem a little off kilter in the sense that they show a significant republican advantage when it comes to economic ratings. that's not something that we see across other polls. so it's really difficult to see -- say whether this is going to be the kind of beginning of a trend that continues. one thing that we have to recognize about this is that we are in new territory. we are with two potential candidates who are in the most unpopular ratings amongst all different segments of the electorate than we have ever seen in the modern era. because of that it's unpredictable. it tucker's point the idea that trump can be criticized because he has changed his positions a lot. hillary clinton is the queen of that and has been through her entire career. it's not like she is k. make the argument that you can look at her where she stands

and trust what she is going to say any more than you could donald trump. >> tucker what do you think -- i mean, at this point trump obviously see what is kasich and cruz are now doing to try to stop him from getting the nomination. >> right. >> he needs to consolidate his support. you know he needs to get more than the core trump supporters to come over to team trump. >> yeah. >> but the question is how? how does he do it? >> i think it's tough. i mean i think some of these gaps are unbridgeable. once you call someone a nazi it's hard to go back yeah you are nazi. it is sort of a rubicon that a lot of his critics have crossed. i don't think they can come back. they have donated him immoral. it would be a stain on their own moral record would were they to support him. i think the republican party is broken and it may split down the line. his only good argument for trump the real argument is he is probably not likely to beat hillary but he is the only republican running who even has a shot. america has changed a lot. everyone knows this because of immigration. the demographics are strongly in favor of the

democrats. >> that's what kasich is saying that's why you should choose me even though he has lost one in 38. >> not endorsement of trump obviously that's a silly argument. you have all h. all these elections and kasich has won only his home state. some theoretical head-to-head he does fine. that's not reality. trump in dynamic, insane year like this one, perhaps the trump campaign could just scramble the map and pull off something really unexpected. is it possible it's impossible to see any other republican doing that i'm saying that as objectively ascii. >> i have got to run. >> thank you, megyn. >> hillary clinton could find herself in the white house with the help of some ex-felons as a governor with very close ties to the clintons restores voting rights to some 200,000 ex-cons, murders, rapists and others just before the election. judge napolitano is here next. he says there is no way you can ignore the politics at play here. then, a star college

athlete, 3.67 grade point average kicked out of school for consensual sex. he didn't complain about it. the woman he was having sex with didn't complain. but a friend of that woman complained. we'll ask our legal panel what the chances are that this young man will be successful in suing his school and the obama administration, which helped put him in this situation.

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>> from the world headquarters of fox news it's the kelly file with megyn kelly. j. >> well, new concerns that one governor's push to restore voting rights may be a ploy to get hillary clinton into the white house. virginia governor terry mcauliff whox-upj were campaign. restored voting rights to 200,000 ex-felons in his state. why did he do that trace? >> you should know armed robbers rapists would be allow to do vot% even if they didn't pay court fines and regulation tuesday toc:sr0 victims. is he rectifying virginia's long sad history of' suppressing voting power. one in four black residents in the state has been banned

from voting because of restrictions on felons. by using the power circumvented the republican run legislature and being accused of providing a blatant favor to his old friend hillary clinton. trying to give her a crucial edge in a swing state. so far, this election season black voters especially in the south, have turned out in very large numbers for hillary clinton. here's mcauliff on abc this week. watch. >> the -- tell the republicans quit complaining go ought and earn vote for you. go out and talk to them. >> even republicans who support giving felons right to vote say terry mcauliff went too far by including violent offenders. tim kaine also want to do restore voting rights to felons but thought that legally it had to be handled on a case-by-case basis. writing, quoting here a blanket order restoring

voting rights of everyone would be a rewrite of the law rather than a contemplated use of the executive clemenciy powers. but governor mcauliff believes he not only has the legal authority for this move, he plans to sign similar executive orders each month to cover felons as they are released. megyn. >> trace, thank you. joining me with more fox news senior judicial analyst and "new york times" best selling author judge andrew napolitano. judge, good to see you. >> good to see you, megyn. >> just to put this in context in 2012 president obama beat mitt romney in virginia by 150,000 votes. mcauliff is adding 200,000 ex-felons to the voting rolls. that will help lengthen that potential lead by quite an amount. >> it probably will. so, there is two arguments at play here. one is the argument from justice and from the constitution and one is the political argument. the argument from justice, i happen to be one of those people who believe you should not be perpetually

punished. that when you do your time and pay your fine and make restitution whatever the court has ordered, you should get back in to society and you should be able to vote. >> you should have your full citizen rights restored. >> correct. that the eighth amendment to the constitution prohibits perpetual punishment and denying people the right to vote after they have done their time is a form of perpetual punishment. but you have two attorneys general, one republican and one democrat in virginia in the past eight years who each said it can't be done on a blanket basis. the law gave the governor the ability to relieve convicted felons of some of their punishment as long as the governor examined each felon individually rather than did it in a group of 200,000 people. one of the problems is these 200,000 people lost their registration to vote at the moment they were convicted of the felony. so they have to go band and reregister and they had plenty of time in which to do that. given his relationship to mrs. clinton. given his financial

relationship to the clintons. remember we're dirt poor and we need money to buy a house and terry mcauliff bought the house for them. >> his debt is paid really. he doesn't need to do anything funky with the voting rolls. >> given the fact that virginia is pivotal state. >> more swing than it's ever been. >> correct. it's kind of obvious what he is trying to do. >> because the presumption is they say that the vast majority of these ex-cons are african-american and there is an assumption that they are going to vote democrat. but mcauliff is saying you are walking on dangerous ground when you say that. why don't you go out and fight for those vote republican candidate. >> well, is he actually making a good point. i will tell you. this this is not going to be decided at the voting booth and not going to be decided boy terry mcauliff. it's going to be decided by the supreme court of virginia as to whether or not he can actually do this. >> can they revoke it. >> they could very well

follow the attorneys general who said to him you have got to to do it individually. >> i was surprise to do see that in some 38 states voting right are automatically restored once prison parole probation time have been complete. 38 states say. >> virginia has kept the old rule. >> at love people think you murder somebody, you are done. you don't get to vote anymore. i don't care if you can your time. there are certain things you don't get to do any longer. >> you know when people have paid their debt to society, they have the right to be fully rehabilitated and to come back in society and start their life anew. and that includes voting. the question is is this the way to do it? is this the time to do it? or should it be done by the virginia legislature if they want to do it in a group of 210,000 at once. >> good to see you. >> good to see. >> you do you remember this video showing a female doctor attacking a male uber driver? this story made headline as few months ago. now the hospital where she works just made the decision

on whether this woman should lose her job. the judge wants to weigh in. this is not your segment. so should what you do in your private life matter in your professional life a lot of people at home say no, no. don't look at that we have decision in the case as back together next. [ male announcer ] love drama? don't be a yes man. [ boss ] it is a very smart plan. so we're all on board? [ paul ] no. this is a stupid plan. hate drama? go to cars.com.

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of paragraph a kelly file follow-up for you tonight. on friday we spoke with a college student who says he was suspended from colorado state university pueblo for having consensual sex with his friend. grant neil says he and his girlfriend were -- or this woman that he knew were having unprotected sex but she stopped him and asked him to wear protection which he did. immediately. the next day, his girlfriend told her friend about the incident and that friend thought that this was a rape.

even though neither one of the participants thought it was a rape. so the friend reported it to university authorities. even though the girlfriend testified toe college administrators she was not raped they did not care. listen to the part of our interview with grant and his attorney. >> andrew we have been covering this repeatedly. and what has happened in these cases from college campus to college campus is the administration has set up young college men to have the book thrown at them and basically to be convicted without a lawyer and under a standard that no court would accept. isn't that true andrew? >> that's absolutely true. and, in fact what is unfortunately happening is the owe -- obama administration has laid a very heavy hand on the disciplinary process in colleges such that it's virtually assured that an allegation will turn in to a finding of responsibility and expulsion.

>> i have been having to dealing -- deal with this for so long. it's just really hard thing to do when all the rights that you are given as a natural born citizen of the united states as constitutional due process, i didn't even have that. so, that was extremely difficult to handle. >> what are your odds of reversing this policy or getting the department of education to listen? >> i think it takes a situationas dramatic as grant's to have the people of this country and the department of education sit up and say, yes we want to be proactive about sexual assault, but we can't do it at the cost of due process. >> joining me now arthur aidala new york trial attorney and fox news legal analyst and mark criminal defense attorney, former prosecutor. great to see you both. arthur, let me start with you. did the school get it wrong? >> the school probably got it wrong on the facts themselves, with you not in the society that we're living in now, megyn.

like, what you said and what the lawyers said we have created the obama administration governors, the locally system the lawyers have created an environment that once a school is put on notice and that's what happened when the girlfriend not the person who engaged in sexual relations her friend puts the school hey a sexual encounter took place. she didn't want something to happen at first but then he fixed it they are on notice. if they don't do anything they are absolutely liable we are the ones that created that. >> mark it doesn't sound ridiculous. it is ridiculous. it's ridiculous. north party thinks there was a rape. >> of course it's ridiculous. megyn i looked up in the dictionary under miscarriage of justice and do you know what i found? not that because they list words individually. but if they clumped them together they would have miscarriage of justice in this case because it's t. is fundamentally unfair.

no due process and now is he labeled a sexual offender and can't get in any college? it's outrageous. >> god bless you for talking about this now. i have been handling cases like this for decades. that's just the environment. >> no, no, no. that's not true. the obama administration changed the standards to just preponderance of the evidence to basically get yourself booted off campus. you just have to prove by 51% that that you were raped or in this case somebody you know on campus was raped. and accused has very few rights. he is not allow to do confront his accuser. he can't have a lawyer in a lot of these proceedings arthur. >> you are right. that's what's been going on for quite some time now. this is not a brand new thing. i have represented people. i'm not allow to do thereby. i am allow to do write a letter but not allow to do be there with my client. >> you can get a guy labeled a sex offender. he wants to be a doctor. 3.768. you are done. good luck getting into another college with that on

your record. i have to move on because we have two other friends to get to. mark our old friend neurology resident young woman made a stupid decision. here she is. let's watch it. attacking the uber driver. [shouting] get the [bleep] in the car. get the [bleep] in the car. yeah. >> she was angry. she is throwing things. and well, she is angry, yeah you can see that and tell us what the deal is now, so her hospital had to make a decision about whether she was going to continue on as a resident there. >> yeah. it was very easy decision as far as i'm concerned. she is gone. and do you know what? she should count her lucky stars that she wasn't stripped of her liberty because she committed probably about four or five different offenses that i counted. >> but he didn't press charges. the uber driver did not press charges. >> merely because he didn't press charges didn't mean that she didn't commit criminal offenses and it relieves me, my wife and my kids of going to jackson

memorial hospital here in miami. i'm not done. and looking at her and saying that's our doctor? i will pass on her. let the showcase on price is right. >> you and your wife or one of your children needed her care, at a time when she is sober. >> don't ask this question. >> you don't really care about her bedside manner or what she does when she is out in an uber car. you care about her ability to perform her duties as a doctor. >> you are right. and it has been called into question by what i see on that video. i will pass. i will wait for the next doctor. >> if we will start eliminating all doctors prone to fits of rage we will lose a lot of doctors. >> that's all you saw in that video rage. >> she said she had cocktails that was clear. she said her father had been recently hospitalized you have to give her sympathy for that something else bad happen. >> mark quite simply if people saw the way you and i behaved at megyn's christmas

party we shouldn't be in the courtroom. we still go in the courtroom and. >> speak for yourself. i saw you at that party. that's all you, my friend. >> she has gotted booted from her university but she has an appeal. because there is a real question about what you do in your off time should really cost to you lose your job. she didn't do this at the hospital to a patient. a guy walks into a whole foods mark walks into a whole food leaves a pastor and claims that they put anti-gay slur on his cake that whole foods said we're very sorry. oh wait. and they say now he is lying and say they have proof. tell us. >> right. it looks like he is lying. i can't say with certainty but then when he gets home he then sees it says well it says a gay slur on there. and he claims that the sticker, showing the upc code was at the bottom of the cake. the video that whole foods released shows it was the top of the cake that he then

probably is lying about this experience. think of what somebody is like to do that. just think about it for a second. whole foods should own that guy. >> just so you know the legal part of it is he filed a suit against whole foods for love everyone. >> he wanted it to say love wins and he claimed they put on love wins and then the f word which is a derogatory word for gay men. and whole foods, they looked at the surveillance tape and they finally said that's absolutely false, completely and now the question is whether whole foods should sue him, arthur. >> go back to the first topic we did. is he suing whole foods because they had a gay slur on there? for what? what's his mental damage? why is this a lawsuit? why are we bringing this to the court. >> hold on arthur. that presupposes anything. >> my point is why the legal system always involved in these things? why is it always a lawsuit. >> if it was true he made

the whole thing up he was looking for attention. >> that's the counter suit. that's the only reason why we are in court. he sued whole foods because he picks up a cake and has this slur on it couple days later after this internal investigation they are saying you are lying and they are counter suing him. >> you lost me. i do have something important for you i hope your cake this weekend says happy times, arthur and mary ann. the big weekend. arthur is taking the plunge. >> yeah. >> let me use this -- >> you don't need that stop that. >> whole world, right, meg? >> you got absolutely nothing to worry about. it's a match made in heaven. i'm wishing you all my love. to both of you. two beautiful nehemiah every sense of the word. great to see you guys. we'll be right back.

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a patriotic moment cut short at the 9/11 memorial in downtown manhattan. a children's choir from wanesville north carolina was told to stop singing the national anthem by security guards. trace gallagher has the story. trace? >> reporter: megyn, the choir were in new york on a music-filled itinerary singing at the to theedcathedral of the st.

john divine seeing the lion king on broadway and they were so touched they wanted to honor the site the best way they knew how with a song so they asked one security guard if they could sing and the guard said yes as long as they moved to the side but in the middle of what their teacher calls a reverant rendition, another guard cut them off. one mom was so furious, she posted the video online, got hundreds of thousands of views. watch the video followed by some of the kids on "fox & friends." ♪ and the rockets' red glare the song bursting ♪ >> i'm sorry. >> i was embarrassed. >> a spokesman for the memorial admitted the situation was -- yeah the situation was mishandled and invited the kids to come back. megyn? >> good. trace, thanks. we'll be right back.

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tune in tomorrow night at 6:00 p.m. eastern as we bring you live election results from the battle for the east. in the meantime what do you think of the cruz/kasich alliance? thanks for watching. i'm megyn kelly. and welcome to "hannity" and tomorrow the 2016 candidates square off in five key states and tonight, donald trump and senator ted cruz will be right here on this program. by the way, mr. trump will join us in just a couple of moments. first, late last night it was revealed that senator cruz and governor john kasich are teaming up in an attempt to stop donald trump from clinching the gop nomination before the convention. here tonight at the "hannity" big board we call it the billboard, is our own bill to explain where we are right now. bill? >> on the delegate map we got a few changes, too, to what we try to do is include the fox p