tv The Kelly File FOX News June 8, 2016 9:00pm-10:01pm PDT
9:00 pm
tomorrow, cnn misconstrued what i said about the judge. we'll try to straighten them out, again, thanks for watching tonight. the spin stops here, we're looking out for you. breaking tonight, with hillary clinton now the presumptive democratic nominee, and reports the president could endorse her at any point. there's a dramatic new question about whether such an endorsement would create a terrible conflict of interest for this administration. welcome to the kelly file, everyone, i'm megyn kelly. president obama's endorsement of hillary clinton could come at any time. while that would hardly be a surprise, it has the potential to be problematic for those who report to president obama, here's why. right now, president obama's fbi director and his attorney general are overseaing the unprecedented investigations into mrs. clinton's e-mails. fox news has reported her
9:01 pm
foundation. a probe that could result potentially in her indictment. that has some legal experts announcing how this administration could support her campaign and investigate her criminally all at the same time. judge napolitano reached out today after a source approached him about the conflict now facing the prosecutors and the fbi agents on this case. in moments, we'll be joined by karl rove and bill burton who have thoughts on this breaking news. we begin tonight with trace gallagher reporting from our west coast newsroom. >> we know the fbi has interviewed some of hillary clinton's advisers p.m. it's unclear if that's an indication, this investigation, as the fbi calls it or security inquiry. as mrs. clinton calls, is coming to a close. president obama has vowed that the fbi and department of justice will not protect clinton if the probe finds she broke the law.
9:02 pm
watch? >> i guarantee that there's no political influence in any investigation conducted by the justice department or the fbi. not just in this case, but in any case. >> but the president is also expected to endorse hillary clinton, even campaign for her, and according to fox news senior judicial analyst judge andrew napolitano. it puts them in a legal bind that could create a serious conflict. here's a judge. >> the decision is made on the basis of the value of the evidence and the president says it will be, she will be indicted. the fbi agents have vowed they're finding it hard to believe that there will be no political interference when and if the president endorses her as his choice to replace him. >> judge napolitano suggests because the president's own e-mails might have been sent to clinton's private server, he
9:03 pm
could be calls as a witness. the only way to alleviate any type of conflict is to appoint a special council. watch. >> an independent council would alleviate conflict. an independent council is not answerable to the director of the fbi. is not answerable to the attorney general, and is not answerable to the white house. an independent council would have his or her own budget, discretion, as to what charges to bring. fbi agents to work for him or her, and it's not really answerable to anyone. >> the judge told me his information is coming from career fbi agents who work in the bureau's most sophisticated divisions. megyn. >> thank you. i want to bring in two former white house insiders, karl rove served as senior adviser to president george w. bush. and bill burton served as deputy white house press secretary under president obama.
9:04 pm
thank you for joining me. how can he be endorsing her at the same time his doj and fbi are investigating her criminally. >> it would be in the best interest of the country and mrs. clinton if the president held off his endorsement for now if he were to endorse now, and something were to happen where either the former secretary of state or some of her closest aids somehow were indicted, and/or that the fbi more likely recommended that they be indicted and the main justice department turned it down, believing it lacked credibility. then people would worry about whether this was all done. >> i think judge napolitano should have called for an independent council. they would have had a lot more confidence in how this rolled
9:05 pm
out, regardless of what it ends up being if it were done independently as opposed to being done by this justice department and the fbi. it is what it is, and it is where it is p.m. and having said that, i think the president for the appearance of propriety should hold off endorsing her he actually. until we get to the fall campaign and this issue is resolved. >> it could be any time now, that we find out what the decision is. it's a special council now. they got rid of independent council. let me ask you. they're going to have a mano a mano. a chat. and the belief is they're going to endorse hillary. >> i think for anyone to reveer that the justice department and the fbi aren't totally independent of what the white house is doing, it's ludicrous. just for context. i think viewers should know
9:06 pm
judge napolitano is a republican partisan -- >> okay. fair enough. >> he's not a hillary clinton fan. >> not a hillary clinton fan. and secondly, if the justice department really were trying to help the clinton campaign. don't you think they would have dealt with this long before now? hillary clinton's been saying she's wanted to get interviewed since last august. if the justice department were trying to help her politically. they were doing a really bad job at it. >> she refused to get an interview to the state inspector general who was looking into her e-mail procedures. and did not get the answers that they wanted. in fact brett baird interviewed her today and she stumbled on this question many. >> you didn't want to do that. >> it just didn't even -- what they wanted to ask, we had already talked about in the public arena. look, i think that report
9:07 pm
actually -- you. >> said particularly. >> and i just want to -- >> i think the report supported what i have been saying for years. the rules were not clear -- >> hundreds of people knew about the private e-mail. >> the practice was used by other secretaries of state. i've said it was a mistake, i certainly wouldn't do it again. >> do you think she handled that one well. >> i think that she's making a factual point. if the inspector general is asking a series of questions that have already been answered. separate and apart from the justice investigation, why would she participate with that inquiry. >> he's a democrat, carl. he's a loyal man. >> i can answer that question. >> i'm sure he could answer this better than i could, in the bush administration, the justice department investigated many members of the bush administration and many of them decided they didn't want to answer all those questions. >> no, no, no, that's not
9:08 pm
accurate. you're talking about the special prosecutor investigation of me and others, i answered every question and took every single immediating the fbi wanted me to take. let me tell you why hillary clinton didn't want to meet with the inspector general, he would ask questions that the fbi would have access to, and if she answered improperly, that is to say, if she lied to them, like she's been lying to the american people. she could be found guilty of perjury. she has misled the american people. this was allowed and permitted. the inspector general report says it was not permitted. she never asked for, and would have refused if she had. nothing classified past through this expert. there was nothing classified at the time it passed through this network. the reason she did not cooperate. and in addition, none of her top aids cooperated with, none of them even returned the written questionnaires to the inspector general, they were afraid of getting charged with perjury,
9:09 pm
what was found out was misleading. >> this is the problem, bill. this is her biggest problem, is it not? they don't trust trump on the gop side. but they don't trust her far more, they trust him more than they trust her, because her numbers are -- these are democrats who say -- 90% say they don't rate well on honesty and trustworthiness. >> if you're listening to this interview, you would think that hillary clinton and her aids answered no questions, participated in no attempt to get to the bottom of what happened here. they have answered hours and hours of questions. >> she would not sit with her -- she was the secretary of state, she would not speak with the state department general. she was the secretary of state. >> she only. >> her people -- >> hold on one second. she has endlessly answered these questions publicly and privately. she's asked the fbi to come and interview her, they haven't. i think the notion that the
9:10 pm
justice department is somehow tangled up in this political web trying to help hillary clinton is silly. >> no independent minded. >> it's a question of whether their boss -- >> one step away from this. >> hold on, i'm going to give it back to you, carl, there's a question, when their boss comes out and says, i'd like hillary to be president, if you know what i'm saying, not james colmy, who's been suggested to be an independent person. our attorney general says, you know what, i get the message. >> let's be clear. hillary clinton and none of her top aids talked voluntarily to the inspector general at all. the only reason we're now understanding that her aids are talking to the fbi which is also in that same room, representatives of the u.s. attorney eastern district of virginia. the only reason they're sitting down and talking with them now, they're being compelled to, so
9:11 pm
there's a reason why they haven't talked to hillary clinton, they want to talk to everybody who is involved in this, before they talk to her, so that they know everything they need to know in order to ask her the questions of why did you do this? who permitted you to -- who do you think permitted you to do this, and go into the meticulous detail of the kind of communications throughout that network. >> thank you, carl. >> not to me -- sounds like a justice department trying to help hillary clinton. >> your former boss may or may not be about to endorse. are you ready to endorse hillary? >> i am ready to endorse hillary. yes. >> i think you would be a great candidate for president, you should throw your hat in, republicans, people who are independent minded are looking for someone to take down the mantle, bill crystal i here is looking for somebody. >> i have enough headaches, bill. i have enough headaches. great to see you guys. we have new fallout after trump supporters are attacked in san jose. the mayor tries to blame donald
9:12 pm
trump for the beatdown of the trump fans. one of the trump supporters, a latino, who took the worst of it joins us next about his story with what happened to him. there is breaking news tonight on talk of a new plan to dump trump at the convention. really? bill bennett joins us. the baltimore six case starts tomorrow, the driver of the van that had freddie gray in it. faces justice tomorrow. faces justice tomorrow. we're back in just a bit.
9:14 pm
beautiful day in baltimore where most people probably know that geico could save them money on car insurance, right? you see the thing is geico, well, could help them save on boat insurance too. hey! okay...i'm ready to come in now. hello? i'm trying my best. seriously, i'm...i'm serious. request to come ashore. geico. saving people money on more than just car insurance. the call just came in. she's about to arrive. and with her, a flood of potential patients. a deluge of digital records. x-rays, mris. all on account...of penelope. but with the help of at&t, and a network that scales up and down on-demand, this hospital can be ready. giving them the agility to be flexible & reliable.
9:15 pm
because no one knows & like at&t. rethink. reimagine. because right here, right now. it's time to take a closer look at botox® cosmetic, the only fda approved treatment for the temporary improvement of both moderate to severe frown lines and crow's feet. see what real results can really look like. so talk to your doctor about botox® cosmetic. and make it part of what you do for you. the effects of botox® cosmetic, may spread hours to weeks after injection, causing serious symptoms. alert your doctor right away, as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness can be a sign of a life-threathening condition. do not take botox® cosmetic if you have a skin infection. side effects may include allergic reactions,
9:16 pm
injection site pain, eyelid drooping and swelling. tell your doctor about your medical history, muscle or nerve conditions and medications including botulinum toxins, as these may increase the risk of serious side effects. look me... in the eyes... and see what's possible... botox® cosmetic. it's time to take a closer look. we have a follow-up tonight on the violent protests in san jose. the attempts by the mayor of that city to blame the candidate for the violence there. protesters in san jose. some waving mexican flags pelted trump supporters with eggs last week. four of the worst offenders are now facing charges of assault with a deadly weapon. despite those arrests, mayor sam reacted to the chaos on his streets by saying it is trump's
9:17 pm
campaign that needs to behave. >> two online petitions in texas have so far gathered more than 10,000 signatures. and the movement also has the support of 29-year-old rachel casey, she's the trump supporter that was pelted with eggs and tomatoes in san jose by trump protesters. casey said she may have provoked the crowd by giving the middle finger to someone wearing a so many prayer row. she didn't start it and was standing up for herself like any other american. she was thankful they weren't tossing bricks and rocks. including a man who was sucker punched by a trump protester, and another who was blindsided. san jose police were criticized
9:18 pm
for their lack of intervention but were responded by saying, they thought it might make matters worse. some accused the san jose mayor of telling police to stand down. the mayor says impossible. >> the notions there was some stand down order was ridiculous. i don't have the authority to give a stand-down order. i would never give such an order anyway. >> the mayor was criticized for saying trump was responsible for stirring up an taggenism and only later condemning the violent protesters. a small group of trump supporters gathered in san jose this week saying it's unamerican for people to be afraid to support donald trump. >> the trump campaign has invited rachel casey, the woman pelted by the eggs to appear on stage at future rallies. >> our next guest is a latino trump supporter who attended thursday night's rally and who went home with a broken nose, a mild concussion and his clothing
9:19 pm
looking like this. just for supporting his presidential candidate of choice juan, great to see you. so unfortunate. i mentioned that most of the protesters were latino, because they were there, they said to protest what they viewed as the candidate's racism, his outrageous view, and in response to their perception, they came after you. tell us what they did. >> so just walking, turned down the street and come down the way the cops led us, and out of nowhere, just protesters start coming up to us. sucker punching and i think there's three or four on me. burning the american flag, carrying the mexican flag sucker
9:20 pm
punches. >> were there any police in sight? >> as we were walking, there -- the police have dissipated, there weren't that many, where they the police had gone over the riots were happening everywhere. and the protesters were picking out supporters and sucker punching them, taking them down. she went and talked to the police. she said, why aren't you doing anything. we were told to have a stand-down by the police chief and mayor. i don't doubt that. when we were walking around, we saw that, we saw the cops just standing there. the mayor wants to blame donald trump.
9:21 pm
they're presumption seems to be o one. supporting a candidate who has taken as controversial. even if we didn't antagonize them, it does not warrant what they did. and the mayor's sole purpose is for public safety. that's his main focus, and it seems like the mayor had his vices because it was against donald trump. >> in the wake of the dustup -- >> i like donald trump.
9:22 pm
>> i think he'll do the best job, and people comment to me about -- it was far more difficult to come out of. i have to remember to take the vices away. if the border was there for canada, to prevent illegal people coming in here or drug cartels, and if i support it there, i have to be unbiassed, if they move it to mexico, because it's my heritage, very to look at it as -- for the general good of the nation. >> thank you for coming out and telling your story. >> you look great. >> thank you. >> so wrong. >> you don't throw eggs at somebody, even if she gives you
9:23 pm
the finger, and you don't punch some guy who's in to support his candidate. this is america. it's really important. go look it up. we also have breaking news in the last couple hours, about a new effort to dump trump at the gop convention. and replace him with the third party candidate. bill bennett is next on that. a bipartisan group of california voters joins us about how hot this political fight is about to get. this is new. >> i want a word or phrase to describe hillary clinton. >> proven incompetent. >> pure evil.
9:24 pm
what's it like to be in good hands? like finding new ways to be taken care of. home, car, life insurance obviously, ohhh... but with added touches you can't get everywhere else, like claim free rewards... or safe driving bonus checks. even a claim satisfaction guaranteeeeeeeeeee! in means protection plus unique extras only from an expert allstate agent. it's good to be in, good hands. we danced in a german dance group. i wore lederhosen.man. when i first got on ancestry i was really surprised that i wasn't finding all of these germans in my tree. i decided to have my dna tested through ancestry dna. the big surprise was we're not german at all. 52% of my dna comes from scotland and ireland. so, i traded in my lederhosen for a kilt. ancestry has many paths to discovering your story. get started for free at ancestry.com.
9:25 pm
there goes my sensitive bladder. sound familiar? then you'll love this. incredible protection in a pad this thin. i didn't think it would work, but it does. it's called always discreet watch this. this super absorbent core turns liquid to gel, for incredible protection that's surprisingly thin. so i know i'm wearing it, but no one else will. always discreet for bladder leaks
9:26 pm
9:27 pm
israeli security on high alert. just hours after four people were killed, in a terror attack right across the street from the head quarters from the israeli defense forces today. this is from a restaurant security camera as shoppers run for cover, while men were dressed as orthodoxed jews opened fire. in the aftermath, investigators are determining how this happened. judd huddy is live with the newest developments. >> i'm standing in the spot where this attack happened, the gunmen were seated at one of these tables. they got up, shot a person point
9:28 pm
blank, you can see where there's been evidence markers, this is where one of the bullets ricocheted or at least went off the window there. the other gunmen turned in the opposite direction of the camera and opened fire as well. there are a number of evidence markers, saw the one on the window. other circles like this, where they circled around the bullet casings. let me tell you something, there are a lot of those circles, a lot of evidence markers on the ground here, outside these cafes, this happened around 9:30 in the evening. a beautiful summer evening, this is central tel aviv, it's an open air market and mala lot of restaurants and bars. four people were cohwered. another five others wounded. severely and moderately as well. here's what we know about the gunmen. they're in their early 20s, palestinian. and cousins from the west bank area of hebron.
9:29 pm
this is an area that's been a flashpoint for violence between palestinians and mostly israeli border police and security forces, and your daily attempted stabbings. it's unclear if these two attackers were in anyway connected to any type of terror cell or terror organization. and why they close this place in particular, if they were so-called lone wolf attackers as has been the case in other attacks, including two recent attacks in tel aviv as well. this has been the worst so far this year, however. the investigation continues, we understand that israeli security forces have stormed the village where these two gunmen are from. the investigation continues, and prime minister netanyahu called this a savage murder and terror attack. megan, back to you. >> chilling, john huddy, back to you. a series of new calls to
9:30 pm
replace the presumptive republican nominee, donald trump at the republican convention in five weeks. these calls come as a major conservative voice came out calling the last 72 hours of trump's campaign his worst ever. yes, that includes mr. trump's speech last night. and today called for changing convention rules to give the gop a new last minute nominee. here's hugh hewitt. >> the republican party is basing the -- i think the party ought to change the nominee, we're going to get killed with this nominee. and i have never said that. i waited until after the primary was over. i stayed switzerland to the end. and 72 hours -- they ought to get together and let the convention decide it. it's awful, and it ended bad last night. the donald trump speech last night, which was his moment to drain the toxicity. >> and he was disappointed. joining me now, former secretary of education under president reagan. the host of the bill bennett pod
9:31 pm
cast and the author of "tried by fire." it's not just hugh hewitt, right? mitt romney is having his annual summit, there's a bunch of never trumpers out there. there's a question about whether they're going to try to -- who's going to persuade whom over to which side. the goal is to now get the delegates on the first ballot to abstain so that on the second ballot or third ballet, they would be free to vote for somebody they want. the name they're mentioning right now is scott walker. >> yeah. >> hugh hewitt, he's my buddy, we were colleagues at salem radio. i didn't know this was his point of view, when he took over my morning radio show. >> well, he just came out with it. >> any tay way, i know, i know. we differ on this, this is still rumbling around, it's still out there. i understand the anxiety caused by the last -- by the 48 hours of the 72 with you and i were on last week talking about the
9:32 pm
judge, the judge comments about the judge. and you were very upset about it, and you were absolutely right to be, we all were, it looked like he was going to double down, maybe triple down, the worry began with this becoming an obsession, if it's going to block his vision talking about the other things. the other things appeared last night. admittedly with the teleprompter, admittedly with a close speech. the speech was excellent. he returned all the themes that mattered, and i think reassured a lot of people. he's not pulling anything back there, but now the punches are aimed and they're aimed at the right targets rather than targets that won't pay off. look, i think we'll have this -- i think we'll have this intermittently as we get up to the convention, maybe even at the convention, i don't know how you're going to persuade these thousands of delegates that they were wrong and someone else needs to step in. >> what they are saying. i'll tell you what they say, these delegates are holding
9:33 pm
their nose -- many of them to vote for donald trump, and they believe, these never trumpers, there's an opportunity here to get them to do what they think is the right thing. and to say -- as hugh hewitt put it, the plane is going to go in the side of the mountain if they don't change the nominee. this is a last ditch effort to stop him from being the nominee. >> i hate this plane into the mountain, that's the german pilot. it's a horrible memory brought back. terrible analogy, i hate it. but look, it's not going to happen. because trump is there by virtue of the strength of the delegate vote. can rules be changed at the convention? of course rules can be changed? will they be, no. they also need to be reminded of this fact, given all the trouble that trump has caused. a lot of it for himself. he is still pretty close in the polls, and the other remarkable
9:34 pm
story this week was the record that donald trump set in turning out new voters. more primary voters for trump than anybody in history. that's got to be taken into account too. in terms of holding your nose. we held our nose through lots of elections. >> if you're in politics, it's not odor free. >> it's stinky. >> well, it can be. it can be stinky, spoken like a mom. very nice. >> phil, it's always a pleasure. >> thank you. >> great to see you. >> well, say what you will about the merits of these two political candidates, they have engaged some voters with an exceptional level of passion. they have infused them. as frank learned last night. watch. >> i want a word or phrase to describe hillary clinton? >> deceitful. >> neglect. >> ready to take over this country and make it better. >> proven incompetent. >> pure evil. >> absolute criminal.
9:35 pm
>> competent woman. >> untrustworthy. >> greedy. >> corrupt. >> what is it about hillary clinton that makes her so divisive? explain this to me much. >> because she's a woman. >> no, i would vote for most other women besides hillary clinton. >> you say she's a woman, so -- >> there's a double standard in this country. we all know that it has everything to do with gender, women have to do everything in high heels and backwards. >> the only reason bill clinton got elected, okay? she's the one that was behind bill clinton if you ask me. >> she -- >> jumped on that star for the white house. >> she wants to be there many. >> so you're -- i start talking about hillary clinton and all of you are talking over each other. i only mentioned her name. we go right through, and you guys are just -- >> the same thing happened with trump. you tolds to be outspoken. >> i thought you guys would be
9:36 pm
respectful of each other. >> we do respect each other, trump is the one who doesn't respect anyone except himself. that's it. >> our political system causes people to just talk past one another, with all their talking points. no one's talking to each other about any of the big problems we have. or ways to resolve them. >> we're talking about personalities right now. >> it's not a strategy. >> it's true. and i wouldn't give donald trump any nuclear weapons. >> i don't like the smug moral self-superiority that is projected by the democrats general and by hillary clinton in particular, it doesn't work for me. i don't want the ideology, i don't like the ideologues. >> i want someone to defend hillary clinton here. who's going to speak up on her behalf? >> you have to -- go back to the point about the racism with trump with this. you can't say everyone in this country -- donald trump hasn't
9:37 pm
been in the forefront, feeding everyone in the united states. >> yes, it's a good point. >> the business that's shown by hillary clinton and taking responsibility for what she's done. she surrounds herself with people. please listen. let's have civility. i have a 6-year-old, she watches on television, and sees this lack of civility, it feeds into our communities and homes. into our neighborhoods and we can stop that by having these conversations and talking about the fact that what we want is the same for all of our children. we want safety, a good economy, jobs, health. >> you cannot have that, when you have someone who will not take advice from others. >> she is such a liar. she has lied about everything, her server, benghazi, i mean, whitewater. ben foster. >> what about the lack of civili civility, when we see people who burn the american flag.
9:38 pm
people have total disregard for the right for americans to assemble. whether you're for clinton or protests and demonstrations. >> this is exactly what the media wantses to do. >> there is a point of all of the -- what the media wants. it has to come down to the economy. nobody talks about it, this is all a lark to get trump not elected. because they want to say he's a racist, which he's not. they want to say he's evil, he hates everybody. he doesn't. the economy is important. only trump will be able to do it. >> when you say racist things, it makes you a racist if you can't sit up and call people, oh, he's a mexican, and the man hasn't done anything yet in the court yet, he just wants that case to be dismissed and it's not going to be dismissed, he's going to pay the piper. >> he signed a petition, that the lawyer -- the judge, i'm sorry, the judge signed a petition, to boycott trump, i mean, there's got to be --
9:39 pm
there's something there. there's something there, i don't know about the la raza thing, but there's something there. >> are we going to have five months of this -- >> yes, yes, yes, we are. >> oh, boy. >> coming up next, by the way, thank you, focus group. great job. what could be the most important trial in the freddie gray case will begin in less than 24 hours. just this minute, there was big breaking news in what the prosecution's office did and what the defense is now arguing. don't -- stay tuned, next. when a moment turns romantic why pause to take a pill? or stop to find a bathroom? cialis for daily use is approved to treat both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, or adempas for pulmonary hypertension, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess.
9:40 pm
side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or any symptoms of an allergic reaction, stop taking cialis and get medical help right away. ask your doctor about cialis and a $200 savings card. (mamost of the show. we missed (woman) and there's no way to restart it. (jon bon jovi) with directv there is. ♪ you see, we've got the power to turn back time ♪ ♪ so let's restart the show that started at nine ♪ ♪ and while we're at it, let's give you back your 'do ♪ ♪ and give her back the guy she liked before you ♪ ♪ hey, that's the power to turn back time. ♪ (vo) get the ultimate all-included bundle.
9:41 pm
9:42 pm
9:43 pm
only cars.com helps you get the right car without all the drama. there's a big story breaking in the prosecution of six cops in baltimore right now. just hours before the start of the trial, for one of the key cops involved in this. officer ceasar goodson, the one driving the van when freddie gray died. or suffered the injury that would lead to his death.
9:44 pm
he's charged with murder. three counts of manslaughter, and also assault in connection with the death of freddie gray. now his attorneys are arguing tonight that the prosecutors have withheld a critical piece of evidence which they have just found out about and wait until you hear the prosecution's explanation. joining me now, author idala and mark ig eiglarsh. six cops have been blamed for negs. assault, murder. there was another man placed in the van, dontae allen, what has come out now, on the eve of officer good son's trial, is that allen had a conversation with the prosecution, and told the prosecution, freddie gray was thrashing around in the back of this car. he suffered his injury, thanks to his own actions. and that the prosecution did not reveal this discussion with a
9:45 pm
key witness in the case to the defense, and the only reason they found out about it is because one week ago dontae allen's attorney called up ceasar goodson's cop's lawyer, and said, you need to know this happened. your thoughts. >> megyn, if this is all trued prosecutors in this case, violated the constitution. the u.s. supreme court ruled in brady versus maryland that the prosecution has an obligation to turn over potentially favorable evidence to the defense and to not do so is a violation of the due process clause. that's exactly what happened here, they don't get to decide whether the evidence is good or farcical like they alleged. you turn it over, you let me put that testimony on in trial and let the jurors decide. >> this officer has rights. he has rights to defend himself. and what they're saying again, is this the baltimore sun reporting this? what they're saying is, well, it
9:46 pm
didn't produce any evidence our meeting with him. because allen was consistent with his inconsistence. and our meeting with him was farcical and unproductive, we didn't need to disclose to you any of the exculpatory things he said. >> what did take place, they spoke to him on two dates, may 4th and may 7th of last year, they did disclose what took place on may 4th, and they told -- they said what statements he made. and then what they didn't disclose, there was another meeting on may 7th. what they're saying now, is that may 7th meeting was totally unproductive, it didn't make any sense to us, we're not calling him as a witness. and we don't find it's exculpatory, we turned over what was exculpatory, which was in the may 4th meeting. you only have to turn over what's exculpatory evidence. what gives your client a
9:47 pm
likelihood of success at trial. and they're saying that didn't exist. therefore, the judges will have a hearing tomorrow to determine what was said and what was turned over and not turned over. >> twice before this judge has determined the state improperly failed to produce, discoverable evidence, evidence they needed to give to the defense. in this case. on two prior occasions. they're oorj arguing, this is the third strike. the prosecution does not get the benefit of the doubt. >> i guarantee you, this judge is not going to be happy with the prosecution. if it's a close call, what prosecutors across the country do. good prosecutors, ones who recognize the importance of the con sti dugs, they turn it over in the abundance of caution. arthur knows that. >> here's a question -- i'm not sure of the answer. i believe, megan, at this point now that they do know it, the violation has been cured, it's not reversible any more. now the defense knows about, and they can fix it before the
9:48 pm
trial. >> we have a sound bite of dontae allen, watch this, may 2nd, 2015. >> the story is, according to a newspaper report, that there was screaming in the van. that you said that he was intentionally screaming and hurting himself. >> untrue. >> okay. >> very, very, very untrue. >> untrue. i never talked to no investigators, i never talked to nobody. i got my own personal lawyer, who i haven't talked to, because of the things that have been going on. the only person i talked to was homicide. the same thing i'm telling you all, i'm telling him. >> that was his reversal from his testimonial. the prosecution wants to put him on the stand for his original statement to the investigators. the defense. >> i was going do say. we're not going to call -- what's going to happen is, tomorrow, the judge is going to hold the prosecutor's feet to the fire, ask him, what did he
9:49 pm
say, when did you know this? the real remedy here is to allow the defense attorney to pursue this in anyway he wants. not to dismiss a case against the defendant. >> this is sketchy business. this is a man's freedom. >> they're charging ceasar goodson with murder. murder. >> you err on the side of disclosure. good to see you both. still ahead. a question of media fairness, the same reporters who hammered sarah palin about her wardrobe in 2008 are silent and uninterested in the story of hillary clinton and her $12,000 constipated? trust number one doctor recommended dulcolax use dulcolax tablets for gentle overnight relief suppositories for relief in minutes and stool softeners for comfortable relief of hard stools. dulcolax, designed for dependable relief
9:50 pm
[ "dreams" by beck ] hmmmmm... hmmmmm... the turbocharged dream machine. the volkswagen golf gti. part of the award-winning golf family. in new york state, we believe tomorrow starts today. all across the state, the economy is growing, with creative new business incentives, the lowest taxes in decades, and new infrastructure for a new generation test. orld-class botox.
9:51 pm
and in buffalo, where medicine meets the future. let us help grow your company's tomorrow - today - at business.ny.gov man 1: i came as fast as i man 2: this isn't public yet. man 1: what isn't? man 2: we've been attacked. man 1: the network? man 2: shhhh. man 1: when did this happen? man 2: over the last six months. man 1: how did we miss it? man 2: we caught it, just not in time. man 1: who? how? man 2: not sure, probably off-shore, foreign, pros. man 1: what did they get? man 2: what didn'they get. man 1: i need to call mike... man 2: don't use your phone. it's not just security, it's defense.
9:53 pm
in 2008, you might remember the media's furor over then-v.p. candidate sarah palin's $150,000 wardrobe makeover. my next guest says the press is quiet when it comes to hillary clinton's lavish fashion choices like the high end jacket she wore to a speech that addressed irons of income inequality. joining me now, mediaite columnist joe concha. i love fashion. she made a lot of money. she earned it.
9:54 pm
god bless. >> support the economy. good for her. >> however, the media doesn't care now that it's a democrat, i guess. >> that is a big thing here. obviously because you look back at 2008, sarah palin, cbs news sends a reporter up to wasilla, goes to a thrift shop, interviews the owner, how often does sarah palin come here, how often does she come here, is she spending money on her family as well? >> they made her out to be a diva. >> ann romney rose a $900 shirt on the air in 2012 and twitter myly broke and the "washington post" headline, ann romney $990 shirt indicative of a tone -- >> mitt romney's campaign was slammed. >> building an elevator, in his car garage, that's horrible, he's out of tough as well. 2016 comes, hillary clinton wears armani and income inequality speech. >> you're detecting hypocrisy.
9:55 pm
>> slight. >> yes. >> they pay me to communicate for a living. >> it's like a sixth sense with you. good job. here, new york, the media capital of the world, you don't have to fly to wasilla to get your answers. an hour north is chappaqua. see if they're spending, if it's on their family, what the range is as far as budget and nothing is happening here. i think it's, you know what, a republican is rich and running for president, they're out of touch. democrats running for president, kennedy or clinton, they're royalty. >> or kerry. john kerry had boat loads of dough, no one cared about that. only if you're a republican. >> that's true. you can get good clothes cheap. this tie, marshall's. >> you can get great things. great. >> fashion bug? >> don't knock it until you tried it, joe. >> all right. >> great to see you. >> good to see you.
9:59 pm
"why are you checking your credit score?" "you don't want to live with mom and dad forever, do you?" "i'm making smoothies!" "how do i check my credit score?" "credit karma. don't worry, it's free." "credit karma. give yourself some credit." don't you think it's interesting they're always reporting on the women fashion, how much that costs?
10:00 pm
ever hear anything about president obama's suits, how much they cost, trump's suits, how much they cost? mind your own business. right? although $12,500, i mean, what was in that thing? was it made out of gold? i'm going to google. thanks for watching, i'm megyn kelly. this is "the kelly file." tonight -- >> donald trump is temperamentally unfit to be president and commander in chief. >> the last thing we need is hillary clinton in the white house. >> donald trump is here to preview a general election matchup with hillary clinton. >> our campaign received more primary votes than any gop campaign in history. >> then donald trump is smashing the record for most votes in a primary season by a republican candidate. >> no matter who it is, no matter who they are, we receive more votes. >> his son, donald trump jr. is here tonight with reaction. >> what we've done is historic. it's not a campaign. it's a movement. >> whether you supported me or senator sanders, we
140 Views
IN COLLECTIONS
Fox News WestUploaded by TV Archive on
![](http://athena.archive.org/0.gif?kind=track_js&track_js_case=control&cache_bust=920508756)