texting. it's killing people on the roads. it amazes me how much texting costs please remember the spin stops here. we are looking out for you. breaking tonight, new questions about whether democrats are feeling some political panic over their white house hopes. as president obama suddenly jumps into the 2016 presidential race. welcome to the kelly file everyone many i'm megyn kelly. a new national poll shows mrs. clinton and donald trump running neck and neck. president obama travelled to elkhart, indiana for a speech on what he called the clear choice in this election. that makes mr. obama the first sitting president to campaign for the party's likely nominee in decades. it follows a 1-2 hit for the clinton campaign. not ott only did this new survey

defy predictions that mrs. clinton would be way ahead by now. but a second poll this one from california shows the democratic front-runner facing the threat of a bernie sanders win in california next tuesday. not the kind of headline you would want at the end of a primary race. and one of the possible reasons we today heard the president sounding like this. >> the republican nominee for president has already said he'd dismantle all these rules that we passed. that is crazy. have we really forgotten what just happened eight years ago. don't think this agenda is going to help you. it's not designed to help you. their answer too our challenges are no answers at all. >> dana perino and richard

sacaridies. trace? >> hillary clinton was trying to distance herself from president obama, remember when a vailed swipe at the president's leadership great nations do not do stupid stuff is not an organizing principal. since the beginning of her campaign she's made it clear she's not running for obama's third term. the young people who were so critical to getting obama elected into 2008 instead of zealing the president out, he's about to be hillary clinton's ace in the hole. and white house aids say obama is all in. chomping at the bit to fire up the democratic base. and while the president isn't naming names and will largely

stay on the sideline until the democrats have a nominee, his speech today in elkhart indiana, was named at propping up his own record drawing a distinction between himself and the prospective republican nominee. >> we're not going to round up 11 million people we're not going to put technology back in the box. we're not going to rip away hard earned rights of women and minorities, and americans with disabilities. it's also been a couple decades since a sitting president campaigned for his nominee. while the president's approval numbers are rising that's partly because of the knockdown dragout primaries. one final note only once in the past 68 years has one party held

the white house three terms in a row, when george h.w. bush, succeeded ronald reagan. >> our panel joins us now. dana perino and richard saccarities. it's been 68 years since one party held on to the white house for three terms in a row. the odds if you look at it from that perspective are stacked against hillary clinton. >> trace mentioned what happens in midterms. they go against the party in power. the same trend bears itself out, when parties try to hold on for three terms, people like change they elected barack obama for change and if hillary clinton is running as a third obama term which is what he wants her to

run as. if she's running as that that provides extra challenges against the candidate -- to say the least a robust change agent. >> does this help or hurt her? we're talking about that section in the middle and what effect he has on them. >> one of the reasons that president's don't usually campaign for the nominee is because people are sick of seeing them. for 46% of the country that would never vote for hillary clinton, that's not going to be persuasive to them i think one of the things president obama could do. when they finally decide that they have a nominee, and they need to consolidate support behind whoever that is. i think that president obama can be helpful to the democrats there, especially for the young people they have great affect for president obama. his approval numbers being at 51%. i don't think they've been like that in 7 years.

gas prices are low. those are indicators to see how things are going. it is a head wind for hillary clinton to try to claim both the nostalgia of her husband's two terms. >> all she ever says on that is that she's a woman. you're going to need more than that. seriously, even though a lot of people would love to see the first woman president, that's not good enough. if you look at the electorates, they want change. two thirds of the country feels we're going in the wrong direction. you think it's going to be enough for her while dana points out she's invoking bill clinton. trust me i'm change i'm big time change because i have different body parts. >> megan, i think that these are very interesting developments.

you're recanting. and that we're talking about, hillary clinton obviously stands for a lot more than just being the first woman president. >> she's the one that keeps citing that as evidence that she would be change. >> i think it's an important thing that many americans will embrace more women will vote in the upcoming election. i think that will be to her advantage. i think president obama campaigning for her will be to her advantage. he's won the presidency two time s his approval ratings are very high now. hillary clinton will build on the two obama terms and continue to get results nor the american people. i don't think anybody really when it comes down to it very many people are going to want the change that donald trump is talking about. >> women correctly points out.

they favor hillary clinton, and the latest poll today shows that. that she has a 24 point lead with women over trump. he has a 16 point lead over her when it comes to men, women tend to vote more than men right now the deck is stacked in her favor. >> that's true. i think one thing that's a problem for hillary clinton is that she doesn't do that well with independent women. i don't know how they break out that poll. independent women tend to be reluctant to support her. they didn't have a chance to vote for her for president in 2008 because she wasn't the nominee. she lost for barack obama. for independent women, that's a tougher sell for her. >> what do you think of that? >> trump -- many people say he's not even a republican. we don't know he's sort of a -- an amalgamation of different

ideologies. that may be very appealing to independents. >> sure that helps him. the republican brand is el stinkerooni. >> those are political terms. >> it's good to be running against the republican party and the democratic party and washington. i hate washington, and i'm going to destroy it that's something that's popular. for hillary clinton, there was a time that barack obama would have been helpful to her when bernie standers was dragging her across the scorching desert and now she has it locked. now he decides he wants to come out in support of her. >> that could have been a directive from the hillary clinton campaign. >> bernie is still in this thing. bernie winning california is not

good. he's completely ignoring the press at this point. she's getting hit with new questions about her treatment in the media. we talked about trump yesterday. he thinks the media are scum. she must think so too, because she hasn't held a press conference in 180 days. her campaign was asked about it. there weren't enough reporters on hand. that's true if you don't count the associated president, the new york times, the wall street journal, cnn, nbc, fox news. >> hillary clinton is taking interviews every day. >> where? >> she's on the news. >> where? >> is there a reporter in the country who donald trump has had more of a problem with than yours truly? but he sat with me after all that didn't he sit down. she's out there praising me why wasn't she come on the kelly

file. why won't she take questions at a presser? >> i think it would be smart of her to come on the kelly file. >> when? >> i've told her people that. i think you would give her a fair shake. >> i would, but i've been saying that for months. >> you had your troubles with mr. trump and now that's behind us and now i think before this campaign i'll make a me diction, before this campaign is over you will interview her. >> let me just say. >> i don't want to kill her, the same way i didn't want to kill trump. hold on i want to ask about the polls. bernie could win california. they're within two points out there now. could he win this outright against her? most people say no. his presence in the race up to the convention is not good for

her. >> as long as democrats believe there is some choice other than hillary clinton. >> maybe it will be lobster thurmador? no no no. it's dinty moore, that's what you're having. as long as there's another person that could carry them they will stick with him. >> she's beating donald trump in california bring 24 points. they say trump talks about how many -- >> they also say that her numbers, her poll numbers like this national poll that shows her within a couple of trump. they think she's going to skyrocket once bernie gets out. they think the democratic party will congeal? >> kohless. >> and that will be a big boone

to her and she'll run away with it. >> there is evidence that that helped donald trump. when he was able to dispatch with his opponents. his poll numbers rose. people were like okay this is our guy, we're going to get behind him. i think that president obama is a net plus for her on the campaign trail. >> let's remember that hillary clinton has received 3 million more democratic votes than bernie sanders. even if the race in california is close, she has won this fair and square. she has beat him on the numbers, she will be the democratic nominee, i think the democrats will be much more unified than the remembers. many more republicans have not -- do not back mr. trump. >> well i'm not sure. >> it's pretty good. >> i mean usually we want to sigh if chris can correct me if

i'm wrong. you want at least 90% of your party to be behind you. trump is at 86%. >> that's a lovely number we'll leave it there. >> i win. >> you bet. >> lobster thurmador. the white house is facing tough new questions about chicago. the city run by the president's former chief of staff, now seeing the worst murder rate in more than two decades. almost a hundred homicides a month. plus hillary clinton hits trump hard on documents released today in the trump university fraud lawsuit mike huckabee and stew stevens are next on how trump is handling the fallout. >> this is just more evidence that donald trump himself is a fraud. he's trying to scam america the

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hillary clinton launching one of her harshest attacks yet on donald trump, as new details surface, from the class action fraud lawsuit against the now defunct trump university.

watch. >> we're learning about another scam. the so-called trump university. trump and his employees took advantage of vulnerable americans. this is just more evidence that donald trump himself is a fraud. he is trying to scam america the way he scammed all those people at trump u. >> in moments we'll speak with governor mike huckabee we start with james rosen with these newly released documents from the case. >> good evening, both sides in the class action litigation surrounding trump university may have reason to rue the release of the hundreds of pages that were unsealed by the court. a series of for profit real estate seminars administered by a series of 29 people launched in 2005. donald trump would handpick the instructors.

he did not. although trump testified in a 2012 deposition that he did personally review many applications for instructors. a playbook created for the trump u sales force, coached them on how to market these courses, down to single mothers with three children who may need money for food. money instructed the playbook is never a reason for not enrolling in trump university. if they really believe in you and your product they will find the money. you're not doing any favor by led letting someone use lack se. trump campaign spokeswoman said much of the unsealed evidence demonstrates the high level of satisfaction of those who took the courses. consider tarla, who brought the first lawsuit, who was seen in these documents enrolling in six different trump u courses over a six month period. and consistently rating her instructors as amazing and excellent. art cohen, who brought the

second major lawsuit prior to the earlier lawsuit being filed in 2011 were you unhappy with your experience with the trump events. no i was not unhappy, he answered. the presentation that games harris paid alleging bias on the part of the federal judge, donald truchlp is not vowing to take the trump litigation all the way to trial. such a proceeding is not expected to begin until after election day. megyn. joining us now, governor mike huckabee. stewart stevens, he served as a campaign strategist. good to see you both. let me start with you, we have done a fair amount of investigating into because this came up at the third presidential debate.

let's start with the, it was all grand, everyone was happy and these people signed good reviews. the truth is the director of operations for trump university said at least 32% of the students demanded and got refunds. so there is no possible way that 98% of students were happy with trump university. why did the trump camp keep telling us that? >> it may be 98% of the people who went through the course not those that dropped out. >> no no -- >> i've seen some of these people -- >> right, and they got their money back. that's part of the thing, what amazes me is that today hillary clinton is going out there and trying to lecture donald trump about fraud.

this is like peewee herman trying to lecture james bond on masculinity. >> queen of fraud. congratulations. >> queen of fraud. there you go. >> stu. >> i give you a new term you can have it. i practiced law for nine years. plaintiffs make allegations and defendants deny them. this is a massive lawsuit, it's 5,000 plaintiffs the class has been certified. it's a fraud action. trump moved for summary judgment saying we shouldn't have to try this the judge said no you're not getting it it's going before a jury. time and time again, trump's defense has failed thus far. he's going to get his day in court, and a jury will decide. you tell me whether politically this is an issue. >> i don't think it is you think americans really honestly are sitting around their dinner table tonight and the thing they're talking about is whether or not people -- >> not yet. >> who openly said they love the

course and then decided to sue. because they're going to get some money from it? >> not yet. >> this was for stew. i want to get him in here. even those people who filled out positive reviews said they did so in a situation where the instructor was standing over them and watching them. they would make them do it while they were watching them the judge in this case compared those people who signed those positive reviews to the victims of the bernie madoff scheme saying they had been brainwashed into believing this was a good thing for them before they found out their retirement account was empty and they had nothing to show for it. you tell me whether it's an issue or not. >> sure donald trump is running basically -- not so much on policies but on his personality, on the essence of donald trump. this is someone who says he'll pick great supreme court justices but said he would pick

great instructors, personally. he put his own integrity and own brand and believable on the line in this case. he did some tremendously positive things. one was, policies that favor the student not the school. this would be something that existed primarily to make money. why is it that donald trump is involved in this tawdry scam. and it is a scam. >> just for the record, trump's got dozens of businesses which are successful and this will riving not all of them are myered in litigation. a fair amount of them have been sued. this is a different matter you don't get a class certified in every case. trust me. i used to do class actions every day. >> they're alleging that he

defrauded, that trump university defrauded single mothers, you heard james report. get them even though they may need their money for food, get them. >> talking about the elderly, the uneducated how they needed to be separated from their money. i thought that this was unethical. we were bilking people out of 35 grand a pop, they were cops and vets. these are allegations and in a political race we're going to hear about this are we not? >> there have been a lot of allegations thrown at donald trump. because you are a lawyer you know when there are thousands of pages of documents, people stand to make money we don't know what has happened. one thing i think would be a huge mistake is it to try to litigate this in a five minute segment on television. it's going to be done in court.

donald trump says he's going to fight it. with all due respect. mitt romney when he was at bain capital oversaw 22% of the businesses bain invested in. they went bellyup. that doesn't mean that mitt romney was a business failure. i think it's incredibly disingenuous for anyone to suggest that not everything donald trump put his finger too turned to gold. ty cop o could be the greatest hitter in all of baseball had a .366 batting average, that means that more than 6 out of every 10 times he went to the plate. he wasn't successful. >> the governor knows me he does the math for you mep. >> stewart, do you want to respond to that? >> listen if ty cobb ran, i'd be for him.

>> i think the question goes to integrity, and what is it that donald trump promised that he didn't deliver. why in all the businesses in the world, one who preyed on those the most the main goal seems to be separating them from what little money they had, it's a strange choice if someone can go into any business in the world, why would you go into this business i think it's disturbing and unfortunate. this makes me feel better about donald trump. >> all right, guys, great to see you both. david french is the man some conservatives are recruiting to oppose donald trump. no one has heard of david french until now. the 12eth hour candidate in this

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the folks behind the never trump movement dropped a political bombshell that's continuing to echo tonight. they're actively recruiting this man, david french to challenge donald trump by jumping into this race as a third party candidate. i guess to challenge hillary too. his accomplishments include a law degree from harvard, his service for the army during the iraq war. he's hardly a household name. so why him? and could he do it? joining me now, jonah goldberg. and erick erickson editor of the resurgent. you've spoken to him for about

an hour just today. >> yeah. >> is he in on this? >> it certainly sounds like he's leaning that way, i want to collar phi one thing up front. i recruited david to do nothing. you know i'm a huge fan of david, he's one of the most impressive people i know. this is -- i found out about this two hours before everybody else. and i was as shocked as everybody else. i think david french is an amazing impressive guy. a man of real character, and i would vote for him in a heartbeat whether or not this is a good idea for him or conservatives, we have to wait to hear what he has to say. >> one of the things david was clear about with me is he's not just going to be a ralph nader type from 2000 if he runs he wants to run to win. not just hand an election over to hillary clinton. there are a lot of things on the checklist to do that. and he recognizes that.

>> isn't the best thing at this point to stymie the election to go to the point where it goes to the house of representatives. david french has to do so many things to get on the ballots and then raise a billion dollars. >> yes, it would cost 250 million to do ballot challenges at a minimum. you could throw this to the house, but the problem with that is, if you start in 2012 and take the states romney one, hillary still gets over 3,000 electoral votes, take iowa pennsylvania, wisconsin. which is tough. you know i'm kind of wavering on maybe it would be worth conservatives considering

letting donald trump lose. and not have a scapegoat. >> you feel like he won't be able to say, it's because of that david french guy. >> yeah exactly. kind of like al gore said it was that nader guy. if he was able to get on the ballot in georgia where i am i would be happy to support him. more than half the people are supporting him because they don't like the other guy. >> that's the thing. a lot of republicans are saying we're going to vote for trump, even if we don't love him, we don't want to give this election to hillary clinton. there are never trumpers who say, i don't care. my conscience will not allow me to vote for donald trump. >> well, that's basically the camp i'm in. if you're going to have an enemy in government better it be the

enemy of the other party, because at least that way you won't have to take ownership of them. that said i'm a never hillary person. these are essentially two crap sandwiches i don't want to eat either one. >> amen. we're in the mess that we're in. part of david's rationale is they have polling that shows that just a john doe. if voters are given a choice john doe starts with about 10 or 12% of the electorate. that is enough to get into debates. it helps that he's not a politician. if you polled for congressman john doe the number almost drops in half. the fact that he's a real human being might be an advantage. >> there would have to be a lot

of money raised up front. you have ballot access deadlines coming up in ohio and other places very soon. he'd have to start petition drives where i am many georgia, the bar was 100,000 signatures. you only need 5 to 7,000 signatures, you need to raise money and get on the ballot. it's a daunting task. david has a good bit of access from donors who are willing to chip in. >> married, father of three, intelligent, highly religious. bronze star for valor, service in iraq, pretty impressive.> joining me now with reaction, herman cain. herman, good to see you. you hear the argument they don't care. they don't care if it hands the election to hillary clinton, on principle, they can't get behind

trump. do you think david french could turn into a spoiler in this race? >> no, i agree with frank, who said this on fox news this morning. david french with all due respect is irrelevant. you can find anyone with an impressive background but it's irrelevant. the thing about your two previous guests they gave you all the reasons why this dog won't hunt time ballot access raising money, all they did was identify all the negatives as to why this would be a long long longshot. they suffer from what i call cds, conservative denial syndrome and that's why they keep trying to come up with something that's going to change the whole political landscape. it's not going to happen megan. they're in severe denial. >> if he gets on a ballot in just a few of these states. he could be a spoiler in some

key races. >> he could be he is not going to be a spoiler for all of the people that are voicing their support for donald trump. here's the other thing i don't believe, and i totally reject. all of these polls that keep saying donald trump and hillary clinton are tied. hillary may be leading in some areas, we have a long way to go before november. i don't think they're going to stand up. just like you had polls in the summer of 2015 saying donald trump would not win certain primaries. donald trump would not get. >> six. >> they said he wouldn't get to 1,237. he's already exceeded that as the presumptive nominee. i don't believe these polls, now, the whole david french third party thing, i think will help to elect hillary clinton if she can get past a lot of the

other challenges she has. i don't buy, and i think the never trump people are basically in severe denial as to what the main objective ought to be which is to defeat hillary clinton. they're in denial. >> herman cain is rejecting rejecting #frenchrevolution. it's official you can take it to the bank. >> there question that i am. >> great to see you. the city of chicago, just reached a very violent and dark milestone. up next detective mark fuhrman joins us on what is the biggest crime surge in some of america's cities.

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hey marc. how you feeling? don't ask. this is what it can be like to have shingles, a painful, blistering rash. i never thought this would happen to me. if you had chickenpox, the shingles virus is already inside you. 1 in 3 people will get shingles in their lifetime. i'm going to go back to the eye doctor tomorrow. it's pretty close to my eye. i don't know how you do it. talk to your doctor or pharmacist today about a vaccine that can help prevent shingles. because something deeply disturbing is happening in places across america. far more people are being killed in some of america's cities than

in many years, let's be clear, far more people of color are being killed in american cities this year it's not the cops doing the killing part of the explanation is a chill wind that's blown through law enforcement this year. in today's youtube world, officers reluctant to get out of their cars and do the work that controls violent crime. >> that was the fbi director last fall talking about a surge of violence in some of america's biggest cities and just a couple weeks ago, he doubled down on that again his concern that cops may be reluctant to do their jobs in today's day and age. now the chill he spoke of may be playing out in chicago. a city run by mr. obama's first chief of staff, a city where there were more than 400 shootings just last month.

think about that mark fuhrman is a former lapd homicide detective. great to see you both. 400 shootings. let me start with you on that. just last month. put that number in perspective for us. >> you can't, and along with that 66 people dead. i'm trying to figure out why there's not a curfew. they need to stem the violence at nighttime. they have to stop the bleeding but rahm emmanuel seems incapable of doing this i have to know how many black people have to be shot and kill eded before the director thinks this is an emergency. >> i think there's probably several reasons, one is the technology that every person has on the street this is kind of a

self-induced wound that chicago has created this has been going on for 20 years plus. to not go in or not support officers with task force type units to go in and attack these gang members. let's be clear about this. most of these are gang related homicides, which makes it easy to target where they live, where they geographically are. you initiate a curfew for one thing, the most important thing, you take the targets off the street you take the targets off the corners they can't be shot by a drive by this is how you approach gang mentality. you need the support of leadership like sheriff clark. >> do you think this is -- is this a gang issue or a giving up on gang issue? is this a cops are reluctant to do what they're supposed to do because they think they're going

to go to jail if they do it issue? >> well i think it's a culturally dysfunctional black underclass in the city of chicago that's causing this violence look, the folks down in chicago police department i'm talking about the administrators not the cops the police department has been demoralized under rahm emmanuel's leadership. they're not afraid to do their jobs they're afraid of the u.s. civil rights division. instead of having lawyers down there combing through things looking to snag some poor chicago police officer for some transgression, they ought to have criminal prosecutors down there, snapping up these gang members that according to the superintendent have been identified get them off the street many of them have warrants do warrant sweeps many of them are on probation, snap them up question and start to find out all of the actors start doing home searches under the law. which you can do for people on probation and parole. and get these individuals off

the street. instead, we have lawyers from the civil rights division investigating the cops this whole thing in chicago is upside down it is ass backwards. >> do you think that there were -- the have been demeaned by members of the public. >> absolutely. they've been demeaned and they're afraid to actually go out and do the job they really want to do aggressively be cops because the leadership directly in the ivy tower is not going to support them when they've got attorneys from civil rights division waiting to pounce on them for anything that they do that might even look like it might be a violate of the law. >> the numbers are just so dark. deadliest may in 21 years. 69 people shot over the weekend. on and on it goes. >> some point, megyn, the governor is going to have to get involved. the governor is going to have to step in. like i said rahm emanuel is proving incapable of getting his arms around this thing. >> people are being just massacred. it's good to see you both. thank you.

up next teacher sex scandals have sadly become so common place they barely make news anymore at least until this woman's story came along. we'll have that for you right after the break. to folks out there whose diabetic nerve pain... shoots and burns its way into your day, i hear you. to everyone with this pain that makes ordinary tasks extraordinarily painful, i hear you. make sure your doctor hears you too! i hear you because i was there when my dad suffered with diabetic nerve pain. if you have diabetes and burning, shooting pain

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an eighth grade english teacher turned herself into authorities after a month long sexual relationship with a

13-year-old. trace gallagher has the report. trace? >> megyn, the court documents in this case are filled with surprises including the teacher telling police the boy's parents did not object to the relationship and were supportive and excited about her pregnancy. 24-year-old alexandria says when she me the boy during summer school he was mean to her then started flirting with her but she rebuffed him. later she agreed to hang out and shortly thereafter began having sex with him almost every day. the teacher says the parents would even allow themhim to stay with her at night and apparently did not keep their relationship a secret at school. students say they would see the boy touch her inappropriately. the teacher says she was planning to have the baby until child protective services unexpectededly showed up at school and she got nervous and had an abortion. she is now free on $100,000 bond. megyn? >> oh my goodness. trace, thank you. we'll be right back. don't go away. test data say? our customer is a 21-year-old female. heavily into basketball. wait. data just changed... now she's into disc sports. ah, no she's not. since when?

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what do you think? you think what's happening in chicago is a result of that viral video effect?

as fbi director comey suggested, he didn't say chicago specifically but he said we're seeing it everywhere. go to facebook.com/thekellyfile. on twitter @@megynkelly. this is "the kelly file." here's sthaun. >> thanks megyn. this is a fox use alert. welcome to "hannity." newt gingrich will swroinjoin us in just a minute. you won't believe what was caught on video at a trump protest. trump is holding a rally in sacramento california. let's listen in. >> you know four words, we're going to win in the north, south, east, and west. oh boy. so insincere. number one and i'll copy bernie because bernie's good with this. if i say it they say, it's too rough. she's not qualified because she has bad judgment. now, who said that? bernie