again, thanks for watching us tonight. please remember, the spin stops right here. definitely looking out for you. breaking tonight, donald trump under fire at this moment for an unbelievable shot at an hispanic judge hearing the fraud case for him. first, a no-holds bar preview. good evening and welcome to a busy "kelly file." good evening. i'm megyn kelly. building over this past week in culminating today the two front-runners fiercely attacking the other's qualifications to be the next commander in chief. just hours ago in a highly anticipated speech in california, mrs. clinton delivering a nearly 40-minute

indictment of donald trump. mr. trump not backing down. watch. >> look at the war in iraq, if you look at what she did with libya, which is a total catastrophe. >> i find it not just offensive but dangerous. >> the hillary clinton foreign policy legacy is absolute, total chaos. >> donald trump is an unqualified loose cannon who cannot get near the most powerful job in the world. it is up to us to say no! >> hillary is not a talented person. in fact, she's a person with absolutely no natural talent. all you have to do is watch her speak. >> donald trump's ideas aren't just different. they are dangerously incoherent. >> she's one of the worst secretaries of state in the history of our country. now she wants to be our president. remember the famous phone call at 3:00 in the morning she'll

answer the call. guess what. she was sleeping. she was sleeping like a baby. don't wake me up. of course, she took the calls from her slimy friends. >> imagine if he just doesn't have his twitter account at his fingertips when he's angry but america's entire arsenal. >> joining me is robert zimmerman, member of the democratic national committee. >> good to see you, megyn. >> it was hillary clinton like we haven't seen her. she was in rare form and even her critics were praising her manner but quick to condemn the glass house from which she threw some of those stones. >> for hillary clinton, the architect of barack obama's disastrous foreign policy to say that anybody else is going to make the world more dangerous,

that's like an arsonist. in his 50 years in the intelligence committee, he's never seen the world more beset by crises than he has under this administration. so this is all hillary clinton's doing. she said i'm going to go toe-to-toe with vladimir putin. she's responsible are to the russian reset. she said that -- hold on. she said that cease going to support our allies. she's the one that pulled the plug in the czech republic when they had missile defense. >> let mhim finish. >> this is a woman who is -- donald trump wants to befriend a dictator, she called bashar al assad a reformer and hosni mubarak, the dictator of egypt, is a friendly friend. >> mark, i think you're getting your facts from trump

university. the this was a turning point in this campaign, she would bring up many of the same issues that we're hearing from republican conservative members of congress and condemning donald trump's foreign policy. for example, the republican conservative chairman of the homeland security committee and the congress say that donald trump's temporary ban on muslims into the u.s. would be a recruiting tool for isis. we have leading generals like ray odierno make the point that the bomb strategy everywhere or exploiting fears with dangerous and counterproductive. we have generals, members of congress stepping up and making a point that this is not a debate about liberals versus conservatives. >> well, that's the things. she was going for, you know, the theme of the -- of my own interview with donald trump. temperament. she was going after him on

temperament. this is a person and what she said today, she had access to the nuclear code. >> this is exactly -- i agree with that 100%. it's an interesting phenomenon what is happening in this campaign. both candidates are going for a segment of the other person's base. hillary clinton today in her speech was going after center-right internationalists saying donald trump is a dangerous isolationist and i'm a moderate internationalist that you can support. donald trump, on the other hand, is attacking hillary clinton from the left. you showed that clip where he said she voted for the war in iraq and took us into libya. that's bernie sanders' line. he's attacking her on trade. >> mark, the reality of the most recent "wall street journal" poll, being the fox news family, in their poll came out may 24th. >> wait. are you suggesting some ideological thing there? >> no, i am not. "the wall street journal" you

cannot say is part of the left-wing media. >> let's just set the -- the polling units of fox news, of the wall street journal, none of them have partisan -- it's irrelevant to mention ideology. go ahead. >> the push back always is that they are part of the left-wing media. >> i don't like it when people say it's an nbc pool. that doesn't mean anything. the pollsters want to get it right. go ahead. make your point. >> and i stand corrected. the point simply here is that in this "wall street journal" poll on may 24th, it was asked who you trust, by a margin of 26%, america stands with -- >> she's killing him on foreign policy but he's killing her on economic policy, however. >> on the commander in chief, he beats her by ten points. on the foreign policy debate, it's not a left/right debate. >> mark? find word. >> it's a left/right debate

except the sides are switched. donald trump is using foreign policy to go after sanders voters. they didn't like the war in iraq, didn't like the intervention in libya, don't like trade deals, don't like what we did to gadhafi. he's attacking hillary clinton from the left. and she is trying to do the same thing. good luck to her. >> good to see you both. >> good to see you. donald trump unleashed an attack based on ethnicity against the judge hearing the fraud suit against trump university. "mr. trump said the background of the judge who was born in indiana to mexican immigrants was relevant because of his campaign stance against illegal immigration and his pledge to seal the southern u.s. border. i'm building a wall. it's an inherent conflict of interest, mr. trump said."

hosting the bill bennett podcast and hold as law degree from harvard university, bill, this is -- you tell me. i'm a journalist here at fox news and i've been doing legal commentary for ten years. this is out of line. >> yeah, it's out of line. it's a shame, too. it was a good day and an important day for trump with the paul ryan thing, which i know you want to get to. but it's unfortunate to refer to the guy's ethnicity as grounds for his decision, who knows. we don't mwhat motivated that. you can overcome all sorts of things and you can be independent. i'm irish. that doesn't mean i support the i.r.a. he takes two steps forward and a step back and steps on his own foot. >> first of all, people are saying that this judge is part of the group that's been

protesting donald trump. he isn't. he's a member of an hispanic lawyers association. they support hispanic lawyers and judges. that's it. so let's be clear on that. secondly, the man is not mexican. he's mexican heritage. he was born in indiana. third, he has no conflict of interest, bill. now he's saying that the judge should be investigated, someone should look into him just because he ruled against trump and denying the judgment for summary judgment. that doesn't make you biased. it doesn't. >> no, it doesn't. big mistake. and i hope he stops with this. in fact, i hope he stops with a lot of the personal stuff that he's been doing the last week or two. we thought he was at a point of new departure. again, i think the ryan thing is so consequential. >> paul ryan endorsed donald trump today.

and that's what we were going to talk about that trump continues to attack a sitting federal judge which, by the way, did a lot to fight the drug cartels when he was a prosecutor, based on his ethnicity, suggesting that he has an inherent bias because of his heritage. that is what trump is saying. and let me tell you, when he does this, i guarantee you right now that this judge is getting threats and vitreal and who knows what else. and this is what i was trying to ask trump about when i sat with him, bill. we have the sound bite. this is what i was trying to ask him about. listen. >> have you given any thought in this position to the power that your messaging has on the lives of the people you target and on the millions of people who take their queue from you? >> i have. i have. and i see suffering.

i see tremendous suffering and i understand. i have a very big heart. >> you know what i'm saying, when donald trump targets somebody and says this person is bad, that person is bad, it creates a firestorm in those people's lives. >> but it's in response to something that they did. >> what do you make of it because now he's out saying this judge is a total disgrace, and he's on the precipice of becoming the president of the united states. >> he's got to pull back and think things through and get better advice. but he's got to think himself. he's now talking to all of the american people and they are looking at donald trump saying is this guy sensible enough? is he stable enough? can we trust him? he needs to bear that audience. he's got to get better and more sober and measured and he's got

to get more fair-minded in what he says. >> the judge cannot respond, just so the audience knows, he's prohibited by the judicial code of conduct. >> sure. >> he released ex hhibits, mostf which i have already seen. there's no conflict of interest regarding his ethnicity. just to clear up this man's reputation, who's a sitting federal judge and has served the nation for four years in that capacity. i want to ask you what trump would probably like to see in the headlines tonight which is that paul ryan finally came around in an attempt to unite the party. >> such a big deal because paul ryan is a gigantic figure, much beloved by most republicans and conservatives. some don't like him. but we've been waiting. he said in his statement in the editorial he wrote for the janesville newspaper, we've had many conversations at great

lengths and we agree we can put this legislative agenda together and he said donald trump will help it. that's a big deal. that's a big endorsement. that unites the party and can unite the party. all the more reason to take a new tone on some of these other things like what we started with. but ryan's blessing here, ryan saying, okay, he's okay, is very good. i don't know what happens to the never trump people now. the national review people, the think tank people because they worship the ground that paul ryan walks on. >> i don't think they are going to be inspired by his remarks. the gop needs to win more hispanics than they won the last time around. there aren't enough white people to get it done. >> well, the point is, as you know, as we say at nauseaum, it's addiction, not subtraction. he's got to get more pluses than minuses. agree. >> great to see you, bill. >> thank you, megyn. a hot story regarding the media gun control in the 2016

race. they are ready to rumble. plus, the president riled up folks with his directive on transgender men and women, including this aclu leader who just quit her job because she says these rules go too far, too far for her in the aclu. she's live in "the kelly file" exclusive. and charles krauthammer will be next. >> this president doesn't have a clue. this president now is going to start campaigning. well, if he campaigns, that means i'm allowed to hit him just like i hit bill clinton, i guess, right?

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as hillary clinton ramps up her message against donald trump, mr. obama starts actively campaigning to make sure he's succeeded by a democrat. watch. >> he already said he'd dismantle all of these rules that we changed. that is crazy. >> if he campaigns, and i think he wants to, because he wants to keep this terrible agenda going.

>> in today's economy, we can't put up walls around america. we're not going to round up 11 million people. >> this is a president who doesn't have a clue. and this president now is very interested because he's going to start campaigning. well, if he campaigns, that means i'm allowed to hit him just like i hit bill clinton, i guess, right? >> but don't think that actually this agenda is going to help you. it's not designed to help you. >> he's a total lightweight and he's going to start campaigning. you know what, he shouldn't campaign. he should be doing the job that he's supposed to be doing. >> joining me now is a fox news contributor, charles krauthammer and author of "things that matter." wow. when you see it like that, it underscores both of their gifts in a way, does it not? >> i think it's an advantage to the democrats simply because if you've been in the office for

7 1/2 years, you necessarily have the aura of bei presidential. you can't help it. some presidents are so unpopular because of their policies that campaigning doesn't help but obama has just gone over the 50% mark. so i do think it helps whoever is running on the democratic side and the other thing is that it scatters trump and if you have to concentrate on obama, it makes it more difficult. trump is ready for the fight. he relishes the fight and it's one that, interestingly enough, the republicans really didn't do in the primary season. normally in those debates you go after the incumbent. everybody piles on. instead, they went after each other in kind of a circular firing squad. and obama really escaped almost unscathed from i think it was 11 debates. his name hardly ever came up. now it's going to be up and quite a challenge.

it's one thing to shoot down wards but when you're a challenger and you're shooting upwards at a president who at least right now is reasonably popular, it's going to be tough. >> uh-huh. and you wonder what donald trump is going to do with president obama because he's got -- there's a lot of fodder there in terms of his policies that he's pushed through in the last 7 1/2 years but trump likes to come after you personally, little marco, lying ted, low-energy jeb. is that going to work on the president of the united states? >> no. and it would be a big mistake. first of all, in general it doesn't because there is this aura, people respect the office. and with obama there's a peculiar phenomenon, if you go back over the eight years of his presidency, there's a lot more an tip pa three to the policies than to the man. even in the worst days with obamacare and the bad economy

and people being down on what he was doing, there was always a sense that he was an okay guy, at least that's what you saw in the polls. i think it would be a mistake to go after somebody who was popular and has a goodwill towards his persona and i think necessarily carries the aura of the office. so you've got to be real careful to go after him. it's one thing to go after hillary who is rather unpopular and shows up in all of the polls will be a different proposition to go after obama. >> trump did that a couple years ago where he suggested barack obama was not born in the united states and may be muslim and so on. he's abandoned that so far in his presidential run but we'll see whether that comes back up. you made news by suggesting you are open-minded now to voting

for donald trump. after everything he has said about you. and i realize it's not about you. but you have not been a trump fan. so how did you get to this point? >> i'm always open-minded. i have said on fox, i've said it elsewhere that i can't see how i could ever vote for donald trump. i respect my colleagues who think otherwise that it's the lessor of the two evils but i'm trained as a physician, i'm open to evidence, you make me the case, i am open-minded. but right now, i would have no choice but to refrain from pulling the lever for him. >> charles, always a pleasure, sir. >> my pleasure. thank you. well, for the second time in a week, a major media outlet is taking heat for being misleading in a gun control report. and howie kurtz is next on what

is going on here. plus, who ordered someone to edit the record -- that should be record. also, could be pronounced record depending on the sentence. we edited the record. who ordered the order, who ordered the -- you know what i'm trying to say. somebody got rid of it from the state department and now they are very defensive about it and we have that story. don't go away. >> i want to thank james rosen, your correspondent, for bringing this to my and tension, because if he hadn't a couple of weeks ago, i would never have known that this occurred. et your fibe. try phillips' fiber good gummies plus energy support. it's a fiber supplement that helps support regularity, and includes b vitamins to help convert food to energy. mmm, these are good! nice work phillips'. the tasty side of fiber, from phillips. feel free to be yourself all day.... just switch from denture paste to sea-bond denture adhesive seals.

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from the world headquarters of fox news, it's "the kelly file" with megyn kelly. >> well, for the second time in a week, a major media outlet is taking the heat for being misleading in the gun control report. first it was katie couric new gun documentary where they used quote, misleading edits that made a gun rights group. and then in a new york times op-ed saying the author of that op-ed made selective edits to his interview on the subject of

guns. howard kurtz is the host of fox news's media buzz. he joins me now. what does this evidence tell us? >> well, if katie couric deceptively edited that, this falls in the category of a misdemeanor. it's hardly surprising that a new york liberal op-ed would write a piece. he interviewed a guy, a head of a gun collector's group and he said in the piece no fan of the national firearms act and would like to change the law but also quoted him as saying it's not true, if you register a gun under this particular law, it means the atf can show up at your door at any time. he said it was out of context, he implied that he was okay with the law when he actually wasn't. >> basically, he's saying it was taken out of context in the way that didn't jive with the truth. >> yes. but the author did interview him. >> now, on the katie couric

front, let's just show the clip. what happened was that they interviewed a gun control group -- i should say, a gun rights group. this is what aired in the documentary under the gun. watch. >> if there are no background checks for gun purchasers, how do you prevent felons or terrorists from purchasing a gun? >> and there was eight seconds of silence when, in fact, there was no silence and the folks started firing off answers. >> yeah. they were made to look like speechless mormons when in fact they did answer the questions. katie couric has had a very successful career. it's unfortunate that she did the right thing and accept the responsibility as executive producer of this. >> katie didn't do it. she said in her statement, i saw

the screening and i asked the director about that. the director said she had only added a beat for, quote, dramatic effect. and then, you know, it was called to katie's attention what happened. she said, look, i regret it. we misrepresented this exchange. she got there. >> yes, she did question it, and not vigorously enough. here's a classic case of media bias. involving one of the world's most famous journalists and no coverage at all, not a single segment by cnn, msnbc, on nbc, on abc, on cbs. new york times has written about it. "the washington post" has written about it. imagine, it was a right-leading film and gun control activists were made to look deceptively stupid, i think that would have been the story. >> i think we would have seen it elsewhere. i will say there was a mention on cnn. so they -- >> by a guest but not by a host.

>> oh, wow. howie, great to see you. >> thank you. joining me now, author of "hands off my gun" and a bernie sanders supporter and host of "the filter." good to see you both. >> thanks, megyn. >> dana, you're probably thinking, yes, i'm used to this. the mainstream media, they are not fans of the second amendment. am i wrong? >> no, you are not at all. it's not just that they are not fans of the second amendment. most of them have no idea what they are talking about and it's clear when they tried to describe things. for instance, hbo sports, when they were talking about the ar-15, the way that they edited his answer to which he took great exception, he was simply saying that he was surprised the ar-15 was doing so well all of these years later. it's just the same thing as m-16s, which they are not. we've seen this deceptive

editing over and over again and we've seen deceptive editing with the facts, with statistics. just as a way to push this bunk narrative. it gets tough after a while. >> it's tough. there's no question that reporters bring personal views to any story they are going to cover. but when you have sort of most of them walking in lockstep on an issue, like gun control, don't you see how bias can seep in here and there in a way that would be very frustrating to second amendment advocates? >> 91% of americans, including gun owners, are in support of tighter gun laws to close out the background check loopholes. a lot of the statistics being prop poe gated are difficult to find because in 1996, the

republican congress basically ended all gun lobbying and -- excuse me. gun research. we can no longer research any sort of gun violence. that's the problem. is that you have the media which is trying to cherry pick analyses. we had the harvard study a few years ago that studied 2007 to 2010 which showed areas where there were stronger gun laws that have less gun violence and that's -- well t. , it is true. you can look it up. >> i read the book on it. >> go ahead, dana. >> megyn, her answer is exactly what we're talking about. first off, she's citing the poll paid for by michael bloomberg. if we're going to talk obje objectively and the president

commission in 2013, there was a report that he did with the cdc, 500,000 to 3.3 million incidents a year. no one ever talks about that. >> let's talk about that. so if you want to talk about defensive gun use, only one time in the last 30 years, 1.6% has defensive guns actually worked. there's statistics on this. >> no. >> what does that mean? let me ask you to clarify that. what do you mean they actually worked. >> so when someone uses a gun in self-defense in a mass shooting, only one person in the last 30 years has actually been able to accomplish that and that's partly because active shooter training is a certain kind of training. >> no, it's not. >> i've got to run. go ahead, dana. >> specialized -- >> you know what -- >> i've done active shooter training. i've done all of that stuff.

>> i've got to go. >> we had the highest rate of gun violence in denver than any civilized country. >> i've got to go, dana. quick last word? >> i think people need to pay attention to defensive gun use because it vastly outweighs criminal usage. the cdc report commissioned by barack obama in 2013, not only that, the fbi crime report. i'm done, megyn. >> all right, ladies, great to see you both. >> thank you so much. still ahead, drammeatic sto about how someone in the state department did not record a key with james rosen. plus, directive on transgender men and transgender women, including this aclu leader who just quit her job because she says these rules go too far.

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well, the state department found itself on the ropes again after having to admit to an ugly attempt to change the record on how the administration handled the iran deal. this all goes back to a 2013 exchange between jen psaki, who is now the white house communications director, and our own chief washington correspondent james rosen. an exchange that mysteriously disappeared from the state department's website until fox started asking questions. trace gallagher is live at our west coast newsroom with what is happening right now. trace? >> at issue is the line of questioning at a 2013 state department briefing where then

jen psaki appeared to acknowledge that she misled the media for the good of national security. but when james rosen tried to pull video from a public archive, those minutes were edited out. psaki said it wasn't her. "i had no knowledge of nor would i have approved of any form of editing or cutting my briefing transcript." but in a responding e-mail to psaki, james rosen wrote, "the briefing transcript remained unaltered the entire time. do you want to issue a revised statement asserting the same for the video which was not altered." hopefully you will find the time to spend on the range of global events happening in the world in between attacking my character. rosen said he never asaled her

character and john kirby complimented rosen. >> i want to thank james rosen, your correspondent, for bringing this to my attention because if he hadn't, i would have never known that this occurred. >> kirby also says the editor who cut the video doesn't know who gave the order but kirby maintains there is no coverup. megyn? >> trace, thank you. joining me now with reaction, co-host of "fox & friends" and author of "thomas jefferson." good to see you, brian. so kirby wants to thank james rosen. >> right. >> i don't know if i believe him. >> well -- kbl he'she's a nice i'm not sure that's sincere. >> he joined us on "fox and friends this morning."

the biggest problem with the story and there's quite a few of them, the fact is, we know the woman who edited it out. they first tried to tell us it was a glitch. impossible for any human being to think it's a glitch, especially if you have any knowledge of -- >> so they lied initially and said it was a glitch and it wasn't a glitch. it had intentionally been removed and they were dishonest about it? >> exactly. admiral kirby said i talked to the editor and she doesn't remember who called her to say -- >> gave the order. >> gave the order. >> rosen was asking her whether the administration ever misleads intentionally, i.e., the iran deal, and she said yes. it wasn't a great exchange for the state department although it was too honest for jen psaki. >> there are a finite number of people who could call her and have the background and get her to edit. an intern couldn't say, let's edit jen psaki. >> psaki has made it clear it

was not her. she did not give the order. >> that's the exchange we saw on fox news.com. and sometimes we say things on camera, other people, say things on camera and you walk outside the studio and you know your boss is a little upset, your producer. >> been there many times. >> so jen psaki, you've got to tell me she had no idea that maybe people had problems with her candid response to james rosen and said, i didn't hear anything? >> she didn't say whether they had problems or not. she said you're attacking my character when i told you i didn't do it. i think cbs to ap, whatever it is, the reporters have to ask themselves, where did i land with one of my questions? where i think i made progress, go back and check the video and see if it's still there. do you think it's possible that james rosen had the only glitch?

>> i'm going to start doing that on all of my archived "kelly file" segments. it's gone. it's like it never happened. >> right. as far as i know, it hasn't. >> what is happening with the news on the bible tonight. >> that's right. no doubt about it. the bible is the most translated book in the world but for the first time we've translated it to the point that emojis are taking the place of actual words. we often talk about religion and the next generation of millennials and it turns out because it's a symbol and emojis got big in japan and in 2014 so the next generation, who was born in 19890 or in 2000 and they say -- >> look at it there. >> is that god or an angel. >> it's god and he's there and sees the light. for me, that's good news.

they use this translation called lingo jam and they are able to put the whole bible, all 66 books, in lingo jam and they came out with symbols. >> the other option is to just read the bible. >> yep. i'm trying to see. nope, not going to do it. >> the cliff notes for the bible. >> some say it's pandering the. >> so apparently it's -- you have the best-dressed list, social register and now here in new york they have taken it a step further. >> way over due. the most powerful 30 under 30. we've heard all of these different phrases to get people to buy magazines. this is way overdue. finally, people are ranking those under 1. under 1 years old. >> babies. >> babies. this looks at parents who have success in their lives and their offspring and talk about the great hopes to are that offspring as if they just want to keep that thing going. >> the most influential babies in new york. it's come to that. >> right. look at some of the phrases that the parents have picked up and their toddlers.

margo has the biggest heart and full of happiness and love and laughter. she hopes it continues. his desire to learn, i would hope so. it all comes down the line. it's going to be fantastic. >> it's a newborn, for god's sake. >> we're ranking people under 1. >> it's officially the apocalypse. >> i agree. >> i've got to go. that's it. >> really? >> yeah. sorry. >> what do i do, then? i have nowhere to go. >> you have a show to do in like four hours. >> good-bye. well, it's the story that has social media in an uproar. up next, we'll speak exclusively to the aclu leader who just quit over the rights of nontrans women and children. that's next. crowd sounds ]

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says the rights of nontrans women and children, including her own, are not being fairly considered and joins me now. good to see you. so what was the catalyst?

>> i was really excited when the georgia aclu recruited me from california and it became very evident to me that we were unaligned and found myself at the crux of the transgender rights and you had an incident that gave you pause. >> that's correct. before my recruitment to georgia i took my young daughters, i've got three daughters, i took the youngest into a women's rest room and shortly awe were in entered three transgender young

adults all over six feet and all with deep voices and all visibly men. my children were frightened and my daughter had a lot of questions that i was ill prepared to answer. since my arrival i have been seeking out information and asking questions as simple as there is an effort to advance transgender rights, what are the implications on the rights of women and girls and the rights of parents. >> you say you are open minded and you had an incident in your past that makes you feel vulnerable when exposed in a rest room, you want more information yet you felt like the aclu was not open minded. >> i felt like there is not an

opportunity to have robust discourse on the competing civil rights not only in the context of bathrooms and the advancement of transgender rights but refusal bills that you've seen across the country. there is a very narrow conversation between lgbt equality and religious freedom, but in the house bill 57 and north carolina there are lots of implications of categories of protected people. >> you're a democrat but you have different viewpoints and you want to be able to have there be room for a discussion of those as we take a look at what our civil liberties stand for. we're not finding the forum in the aclu. thank you for coming on. >> sure. i'm really excited to stimulate this. >> we got to go. we have a hard break but i appreciate you being here.

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don't forget our coverage tomorrow beginning with a special report followed by the kelly file and hannity who is here now. have a great everybody. see you tomorrow. this is a fox news alert. tonight donald trump is holding a rally in california. he just stepped on the podium. let's listen in. >> leave it up to the lawyers. i have watched so many lawyers on so many different networks, i have read so much about the e-mails, folks, honestly, she's guilty as hell. she's guilty as hell. the fact that they often -- this is true. the fact that they even allow her to participate in this race is a disgrace to the united states, it's a disgrace to our