once told me while holding a giant ruler this thick. again, thanks for watching us tonight, i am bill o'reilly. please always remember the spin stops here so definitely looking out for you. breaking tonight just over 24 hours after the director of the fbi recommended no criminal charges for hillary clinton and the u.s. attorney general declares that the investigation into mrs. clinton's e-mails is officially over. but congress says not so fast demanding that both james comey and loretta lynch step forward and answer questions. good evening, and welcome to "the kelly file," everyone i'm megyn kelly. tomorrow we'll see the first of two high profile hearings as a republican-led congress demands to know how an fbi investigation can find secretary clinton did so much wrong in the handling of top secret information but does not qualify for prosecution. but even before the questions begin, team clinton is dismissing this as a partisan

attack. echoing some of the same arguments we have seen for nearly a year and a half now. it was 16 months ago when hillary clinton held her most extensive press conference to date on the controversy surrounding her use of a private offsite e-mail server while she was at the state department. many of the claims mrs. clinton made during the presser were contradicted in stunning fashion by the fbi. at the start of that news conference mrs. clinton painted herself at the time as a cooperative partner with investigators. >> my direction to conduct the thorough investigation was to err on the side of providing anything that could be possibly viewed as work related. that is the responsibility of the individual and i have fulfilled that responsibility and i have no doubts that we've done exactly what we should have

done. >> you know phil houston, he says it's not only not making eye contact, but when you say i have fulfilled that obligation that is what they call a tell right? i have fulfilled the obligation. right? mrs. clinton's surrogates and even her husband derided those who doubted her claims like the one you just saw right there as part of a right wing conspiracy against her. similar tactics the clintons used throughout the '80s and '90s. >> is all this part of a vast right wing conspiracy then same old, same old? >> no it's just mostly stupid media people talking, other stupid media people making stuff up. >> republicans are trying to take this fact finding expedition into a partisan exercise meant to hurt hillary clinton's campaign. >> this e-mail thing became the

biggest story in the world. i have never seen so much expended on so little. >> stupid media people are to blame. right? then mrs. clinton and her campaign shifted towards downplaying the matter all dogt noting similar practices according to her, even adding what we now know to be a misleading statement about retroactive classification. >> it was not prohibited it was not in any way disallowed and as i've said and as now has come out, my predecessors did the same thing, and many other people in the government. >> we find ourselves in the same situation as colin powell and conde rice's top aides and having e-mails retroactively classified. as colin powell said to some extent this is an absurdity. >> an absurdity. an absurdity, except the fbi

director said everything she said in the sound bite was not true. two months later when a state department inspector general's report sharply criticized hillary clinton's e-mail practices team clinton again said it was not her fault, but the fault of practices already in place there. >> i think a big reason why the report finds that it was unacceptable and fell shortr to be using this habit of copying her aides on her correspondence was because it turned out that the record keeping in place at the state department was so poor. >> remember director comey said that should never have been the case and said that quote, none of these e-mails should have been on any kind of unclassified system and she should have known that. well the next day hillary clinton offered an apology of sorts but again claimed this was common practice as she saw it. >> this report makes clear that personal e-mail use was the practice for other secretaries

of state, and i know that because it is well known, it's pointed out in the report. but it was still a mistake, and as i've said many times, if i could go back i would do it differently. >> it was still a mistake. right? it took a lot to get her to say it was a mistake. for weeks she didn't say that then she finally said it was a mistake. after it was announced that director comey would not recommend charges against mrs. clinton, despite a devastating rebuttal of many claims from the march 10th presser, her supporters said time to move on. >> the most important thing that happened today was hillary clinton moved past a legal cloud and that gives her and the voters the chance to say could we talk about the instances that matter to the voters. >> like honesty? that is something that matters, maybe, i don't know. then yet when it was announced that the house gop wanted to

hold a hearing to examine mr. comey's findings the campaign came full circle again reverting back to charges of a hunt with national spokesman brian fallon tweeting benghazi committee probe ended with partisan thud so of course house gop wants to launch new goose chase. i should have gotten phil houston. no offense, we needed the guy, ran the cia's interrogation program for 25 years. you know it's just a tell you have to look for clusters look story, you should buy his book "buy the lie." >> i'm not offended at all. >> i'll just start with this it's actually not -- the two points we made are not inconsistent. she could have been misleading and she could have been caught by director comey misleading and brian fallon might be right, as well it's a partisan witch

hunt. what's your view? >> look the republicans want hearings because they want to keep talking about this and so is it partisan? sure. the -- that's why we have a partisan system we have a competition. why did democrats go after george w. bush in a way they didn't go after bill clinton? he's a republican. >> to call director comey, it's suggesting they don't trust director comey. for weeks they trust him, he's a straight shooter, they are going to trust his recommendation now it's not to their liking. bring him to poor congress. >> well it's something to do and we know how this movie usually ends. it usually ends with the republicans do what they do clinton and the press. again you mentioned, this is the playbook this is always how it goes. >> walk us through it. >> start out, you deny. was not me i was not there, i didn't sell the pardon didn't have sex with her, whatever it

is this did not happen. then incontrovertible evidence is put up your snout and you go well something happened sorry. little bit. and then you do the modified limited hang out, knock it down a bit, but all the while attack your accuser and destroy your accuser so by the time you get to the end people say can't we just move on. >> old news. >> move on. >> something the american people care about. i mean look they may or may not care about hillary clinton lying, may or may not care about her e-mails, but dishonesty is something we poll about after every primary. at least the pollsters still believe it matters. maybe it does maybe it doesn't, but move on. people don't care is her position now. >> well speaking on behalf of stupid media people when i covered the clinton white house scandals there was this playbook as chris said and it was more than just deny and delay. it was also stiffing the press by saying there was an ongoing

investigation so we can't talk about it. only the media cares, then when the probe is over declare the story to be old news and try to discredit your adversaries as partisan and continue to avoid the press. hillary clinton, as you know has not held a news conference this year and yet -- and i see no sign she's about to do so as these questions build up about her voracity. she should welcome an opportunity to talk about this because otherwise it will just be the republicans talking about it. >> first she said there was no classified information, which was not true then she comes out and says well anything that was classified was classified retroactively so i didn't know at the time. when people said that's not true the reports we're getting is you knew it was class fied her senior campaign guy says that's an absurdity. anybody who questions her, you know she did something different than colin powell that's an absurdity. well not according to the

director of the fbi, and now we're told would you just move on you partisan witch hunt people? sorry, walt. >> you partisan witch hunt people rotten. the problem for republicans, and i think you put it together right there, which is you say if you discredit comey and this investigation, you discredit comey and his findings that she engaged in heinous, heinous electronic hygiene and she took these risks and she did all that stuff, so you can't say this is all wrong, comey's all wet, which if you want to keep the part of comey that's helpful for republicans, you can only go so far in discrediting him and the thing they are going to be asking about is are you pressured, are you pressured. highly unlikely he's going to sit in front of congress now that you mention it this is all a fraud. >> good luck trying to get director comey sweat. we'll report back to you tomorrow night. guys good to see you both. joining us now, former

traveling press secretary for hillary clinton's 2008 presidential campaign. good to see you. >> hey. >> let's put the comey thing to the side for a minute right, because i heard all of the people say straight shooter, you can trust him, we're going to go with what he said. now they don't like the inconclusion you will appear people saying he's got to step down. >> what's wrong with that guy, right. >> he did start off by saying lie, lie, lie, lie, lie, and to look back at how her campaign and surrogates spun it you know even today, move on people don't care it's offensive. does it offend you on any level? >> this is one of those situations where, look full disclosure you said it i used to work for her and i'm a fan of hers but this is one of those cases where i wish both sides were a little better. i think the republicans are -- the way they are going after it i get it we're in the middle of an election season they don't

like her, they made that very clear, this also gives them something than donald trump to talk about, which they desperately want and need right now, but as we talked about, they are stepping on their own message. >> it gives her the chance to play the victim. gives her the chance to come out through herself or surrogates to say, wow, really? the fbi, which reportedly had dozens of agents looking into this has reached its conclusion. now we need to go through another, what 16-hour hearing with her. it's like why don't they just you know sort of take what comey gave them and make the most of it? >> i think you make this a campaign issue if they want and leave it to the voters to decide at the ballot box. now, here's where i wish the clinton campaign would maybe do it a little bit differently. she has admitted that she made a mistake. she has admitted very recently that she has work to do when it comes to the trust question that people don't trust her, and she acknowledges that.

now, this is actually -- could be an opportunity for her. she could step out there right now and say, look the fbi said there was nothing illegal that happened but that we made a lot of mistakes. you know what they are right. i said it i will say it again, we have made a lot of mistakes and i can't regret that enough. here's what as president i would do moving forward to make sure no one makes those mistakes ever again. >> a full throated apology and something that shows she really believes she made a mistake and proves it to the american people. >> and learns and grew from that experience which donald trump can't do. >> it was an opportunity, we'll look forward to hearing from her in the next time in seven months that's how long it's been. maybe we'll have to travel to wherever she is and shout some questions so we can actually get answers to some of these legitimate questions. mo always a pleasure sir. >> thanks. >> that's going to happen. so with these hearings 12 hours

away one of the top national security lawyers in this country, i think he is the top, is with us tonight on whether the fbi probe could pose serious issues for some of mrs. clinton's top aides. this is an interesting angle not being covered. plus dana parrino is next on what she had to go through in the bush white house to make sure the nation's secrets were kept safe. she made news tonight for an epic twitter rant. we'll talk about it. yeah they like that they like that. then we have new video in a confrontation getting national attention after police shoot a black man in a struggle. reverend jesse jackson is here along with detective mark furman. stay tuned for that. >> i demand for the chief to be fired immediately! i demand that he resign if he has the guts. if you suffer from a dry mouth then you'll know how uncomfortable it can be. but did you know that the lack of saliva

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. in just hours the director of the give will testify in front of a house oversight committee for a emergency hearing into hillary clinton. next week lawmakers will be grilling attorney general loretta lynch who announced this evening she, too, has decided she will not bring any charges in this case. but before either of these hearings were confirmed, house

speaker paul ryan was telling "the kelly file" now is the time for hillary clinton to feel the consequences of what even the fbi called reckless actions. >> i believe the director of national intelligence should block her access to classified information given how recklessly she handled this during the presidential campaign. if she becomes president, that's one thing, but i don't think she should get classified information. >> mark zade and dana parrino are here but first katherine with more. katherine? >> after the house speaker told you hillary clinton's access to classified information should be blocked, today the white house responded. >> when we're talking about the safety and security of classified information, we should leave those decisions in the hands of our intelligence professionals and not risk them being sullied. >> the fbi director was silent tuesday on the aides, but most

would be punished typically includes losing their security clearance and the possibility of future government employment. >> those individuals are often subject to security or administrative sanctions, but that's not what we're deciding now. >> the house and senate judiciary committees wants them to explain how the investigators back up their decisions not to recommend criminal charges and new questions whether clinton misled congress last year about the deletion of her e-mails. this exchange with republican congressman jim jordan. >> i'm asking how it was done. did someone physically look at the 62,000 e-mails, or did you use search terms, date parameters? i want to know the specifics. >> the search terms were everything you could imagine that might be related to anything but they also went through every single e-mail. >> lawyers doing the sorting for secretary clinton in 2014 did not individually read the content of all of her e-mails as we did for those available to us. >> that's one of the issues we

expect to hear a lot more about tomorrow megyn. >> katherine harris thank you. turning now to reaction mark zade security lawyer out of d.c. mark thank you for being here. you represent people who get caught in these situations and you say you have real concerns about what's going to happen to hillary clinton's aides, like her top aide if she wins and goes to the white house. explain. >> well yes, i handle these cases all the time for the last 20 years trying to help people dealing with clearance issues and, i mean director comey really said it for us he indicated that they were grossly careless and while it didn't rise to the level of prosecution, it very clearly, i think from his words, and that was an unprecedented press conference created some very serious concerns in his mind. now, they go through, including secretary clinton, go through the same vetting that individuals such as i do for security clearances and one of the issues to look at is whether

or not they have security violations and very clearly they do. >> how could they deny houma abedin or jake sullivan this access when hillary clinton was the secretary of state and if she becomes the president, of course she's going to have it. how do you sort of kill the underling when the principal is getting the access? >> look this is a very unique situation. i don't know of any other situation that one can even compare. there was a situation, i think, with secretary of state baker in the early '80s when polygraph issues sort of a clearance issue, one of his secretaries failed the polygraph and he abolished the poll jigraph at the state department. the president of the united states generally never gets involved in these types of decisions. i don't think if hillary clinton won that she would either i would hope but then again, you know there are professionals that will adjudicate these individual's clearances at each

of the agencies and they could be denied access to staff programs or s.c.i. programs. >> that's the super secret stuff. before we go need a quick answer on this do you think it's the right decision to call comey before congress? >> no i don't. first of all, as you engs manied he's a very seasoned prosecutor. this was such an unprecedented press conference i don't think he's going to go into any detail beyond it. he can't set a precedent for the give and where's it going to go? what do you think anyone is going to say? i think the big loser out of tomorrow is both parties. the republicans are going to attack him and the democrats are going to attack him and everybody's going to look bad. we'll see how he ends up. maybe he'll look the best out of everybody. >> mark great to see you. >> pleasure. any time. >> well as both sides dig in on the significance of this fbi report dana parrino took to social media today to write about her experience protecting

the nation's secrets when she worked in the west wing. getting attention when she suggested that hillary clinton not only put the white house at risk, but also endangered the legacy of her own boss and the security of this country. dana parrino is with me now. good to see you. >> thank you. >> you were ticked off today. >> i had wifi on the plane. >> which is it most irking you? >> i think having a security clearance is such a privilege. you are entrusted with the nation's secrets. this isn't about you. when you work for the federal government especially at the white house at her level, you work on behalf of the people so it wasn't she was just trying to protect herself politically for convenience, she was putting the nation at risk. she was putting her boss president obama at risk and it was an extremely dishonorable thing to do. >> what does that show you about her? >> i think that the republicans' best argument is the clintons especially hillary clinton, have always believed they are above

the law, that the law doesn't apply to me. i would have been stripped of my security clearance like that but i wouldn't have done that. >> it's that big of deal when you get that security clearance, start handling classified documents, it's a huge deal. >> it's on your mind all the time. people would ask me when you're at the podium and get a question from the class, how do you avoid talking about. i said oh i have a steel box in my head. there's classified information in there that no one is ever going to get to even to this day. >> what do you make of what's happening tomorrow? are they overplaying their hand? >> yes in a way, but i understand also why they have to do it. the whole reason we know about this e-mail situation is because of the benghazi committee congressman trey gowdy put forward. there is a reason for congress to have a chance to ask questions. i hope they don't do any grandstanding. >> that's the problem, that's what they always do. they don't get real information.

>> when they read their questions that staff prepared. if they are sincere and honest and try to get information, that's fine. we always know what's going to happen they are going to move on what hillary said this is old news that's going to happen. >> talk about something people care about. >> that's right, but they are wrong, people do care about this but i don't know if enough people care about this to deny her the presidency. >> i feel like the republicans have what they are going to get, that opening statement by director comey. >> quote his words. don't say anything else. >> play the ad a lot, see whether it resinates. >> i think comey knew that. i think he was trying to offer some sort of punishment. >> i know a lot of lawyers. i haven't heard any lawyer say anything but you can trust him, he's a man of integrity. now suddenly you don't get the situation, people do this to judges all the time he's the worst! he sucks! >> justice roberts. >> that was controversial because the tax laws to save

obamacare, in any event, point taken. dana perino always good to see you. that was weird, nobody even argued it. it was like a throw away line. tonight, donald trump and newt gingrich are storming the buckeye state as reports of a v.p. pick are just around the corner. and who trump is likely to choose. plus a close eye on a situation in baton rouge, louisiana, where controversy is growing over the shooting of a black man early this week. reverend jesse jackson and detective mark furman join us live just ahead. but the mortgage process has proven to be challenging. not with rocket mortgage by quicken loans. it is the easiest and most logical way to secure financing for your living quarters online. you can securely share your financial information with the push of a button. it appears now is a sensible time to relocate. i am so happy. no need to get emotional. ♪ [whisper] rocket.

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breaking tonight, donald trump making headlines today as he drops multiple hints as to how and when he will choose his running mate. tonight in cincinnati, ohio, trump appeared at a rally with former house speaker newt gingrich just hours after saying he's considering a short list of ten people. in moments we'll be joined by ben and gus to see who they think trump is going to choose. first, mike tobin live in cincinnati. mike? >> right at the top of the list trump was talking about, doubling down on his saddam

hussein comments, because trump said saddam was good at killing terrorists. >> donald trump loves saddam hussein. i said that's not what i said. that's not what i said. so that's the narrative that goes around. >> and, as you mentioned, speculation is running wild about the v.p. pick we know senator bob corker of tennessee is out, joni ernst of iowa seems to be out, and governor chris christie of new jersey has a chance as does mike pence of indiana. jeff sessions is on the list. the very top of the list for the moment anyway seems to be former speaker of the house newt gingrich. trump said one way or another gingrich will be part of his administration possibly he could be the guy who helps trump navigate capitol hill. here in ohio gingrich singing trump's praises. >> the difference between all the folks who came out and talked and donald trump is that

he has had a lifetime of creating jobs a lifetime of building buildings, a lifetime of getting things done. everybody else talks about how they want to change washington a little bit in a calm way. this guy is going to kick over the table. >> now, trump heads tomorrow to washington, d.c. to meet with senate and house republicans, particularly those who aren't too crazy about him. he will try to get their hackles about hillary clinton and present himself as a better option. megyn? >> great to see you. joining me now, publisher of "the federalist," great to see you both. ben, i'll start with you, if you had to give me your top two likely from team trump, who would they be? >> i think at this stage you have to consider the top two to include newt gingrich, to include chris christie and that's an interesting dynamic. these are two people who you

want in a vice presidential selection who's media savvy, tested known quantity and can be a good surrogate to the candidate. you heard gingrich doing that the other day. chris christie has a background that's checkered when it comes to issues like judges where someone like gingrich would assure conservatives when it comes to a supreme court nomination they could trust a trump-gingrich ticket. he's certainly making a play for it and i think the move that would be smart for trump to make. >> so it would help him secure the difficult white male vote that he's struggling with. that's what people are saying ben. >> i didn't hear anybody on that list that was not a white male that was just given. >> listen that assumes that logic by the pundits assumes if he picks joni ernst, who took herself out of it today, the ohio senator, that women are going to say, i'm voting for

trump. do women or you know african-americans or hispanics really vote based on gender or color or heritage of the running mate? i'll ask you that ben, then go to guy. >> it doesn't really work that way. from my perspective what you see in the list of the names publicly available, there's always a possibility there's a dark horse out there we're not talking about. a lot more has to do with enforcing his right flank, making sure he doesn't lose any conservative votes who would have voted for mitt romney last time around. >> do you agree christie and newt are likely the top two? >> well look i don't pretend to lay any claim to expertise on donald trump's psyche or thought processes at any time. that being said i do think based on what we've seen from trump himself and from comments from cory lewandowski is that trump was prioritizing two things in this search the first is someone who's experienced in washington knows policy knows

d.c. knows how the inner workings all play out. he's also looking for someone with whom he is personally very comfortable. if those are the top two items or bullet points on the agenda i think that probably points to newt gingrich. >> what do you think of that ticket guy? trump-gingrich? >> well i think there would be some flaws. newt gingrich has some significant negatives that he brings to the table, including his unfavorability rating among voters. that being said newt has a lot of currency with many conservatives, he is fluent on policy issues and is very effective as a surrogate and certainly would not have any compunction against the democratic ticket. >> that might get more ratings than -- no it won't, never mind. it's great to see you both. >> thanks megyn. >> i mean who doesn't want to see the trump/hillary debate?

whatever you're doing, you cancel whatever got to see it happen. up next we are monitoring the scene out of baton rouge, louisiana, after an officer-involved shooting of a black man sparks national outrage and a federal investigation already. mark furman is here civil rights attorney anndell brown is here and reverend jesse jackson is here. t tena. and with new tena overnight underwear i can now sleep worry free all night. the unique secure barrier system gives me triple protection from leaks, odor and moisture - so i can keep being a sweet dreamer. tena overnight underwear and pads. only tena lets you be you.

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and let's go back and not quit the gym and have a chance to say goodbye to grampy tim oh, that's the power to turn back time. (vo) get the ultimate all-included bundle. call 1-800-directv. . developing tonight, tensions high in baton rouge, louisiana, tonight after less than 24 hours ago baton rouge police responded to an incident outside a convenience store involving a reportedly armed man. within minutes the tense confrontation turned fatal as bystanders captured the incident on cell phone video. we want to warn you that the content is very graphic. >> get on the ground! get on the ground!

>> oh! oh my god. >> they oh, my goodness. oh, my god! >> live in dallas with the late breaking details, kasie? >> investigators say this all started when a 911 call was made about a disturbance at that baton rouge convenience store. the caller stated that there was a man outside selling cds and

that he threatened somebody with a weapon. >> gun in his pocket he pulled a gun on the complainant and told him he couldn't be around there. >> that's when two white officers responded to the call and confronted the african-american suspect, 37-year-old alton sterling. now a second video of what happened next has emerged, and again we want to warn you it is extremely graphic. it shows the two police officers rolling on the ground with sterling and then you hear those gunshots. the baton rouge police chief confirmed today that sterling was, indeed armed at the time but it's not clear where his weapon was leading up to and during the confrontation. after the struggle sterling's lifeless body remained on the ground and one of the officers called this into dispatch. >> shots fired. shots fired. >> shots fired. north foster. 2100 north foster. both officers okay suspect is

down. code 3. >> community outrage over the shooting sparked protest on the streets of baton rouge for two nights in a row now. in fact it's still ongoing at this hour. fortunately, they have been peaceful at this point. this as alton sterling's family tries to cope with their sudden loss. >> i, for one, will not rest or not allow him to be swept in the dirt. >> now, the two baton rouge police officers that were involved in this have been placed on administrative leave pending the outcome of the investigation. an investigation we learned today that is now being led by the u.s. department of justice and the fbi. megyn? >> casey, thank you. turning now with more mark furman, fox news contributor and andell brown, defense and civil rights attorney. great to see you both. andell let me start with you

what you see here. already many people were saying this was an execution. >> you know megyn, that video's extremely difficult to watch as a man losing his life a wife loses a husband, and his five children lose a father. what i see is officers approaching him and him with his hands up seeming to wonder what is he being, you know approached for. i see him being tackled to the ground and officers pinning down his left arm. two officers are on top of him. what is difficult to see from the videos that i've seen i saw both the earlier video and the one that came out later today is his right hand. i see one of the officers taking control of it for a certain point in time but then i lose track of it when i see that video. one of the officers says you know i swear to -- if you don't stop -- if you move. and then the next thing you hear is some type of scream that you can't make out and gunshots being fired.

the second video it's very clear that you can see that alton does not seem to have any type of weapon in his hand but you see him being shot in the chest numerous times, and once again, it's very difficult to watch. >> mark you know we all have the luxury of sort of this armchair analysis aren't there in the moment when someone says this guy has a gun and reportedly did have a gun on his person in his pocket at least according to the initial reports. your take? >> well megyn, when you look at this we should talk about what we do know. the officers didn't see this suspect in suspicious behavior approach him. they were directed there by a radio call a citizen was threatened with a weapon. so they go there, and when you watch the escalation of force, first they verbalize and he failed to comply with the verbal commands. they used a taser and that either didn't deploy correctly or didn't hit him correctly, but

it was ineffective. then they actually de-escalated the force that they could have used by tackling and trying to grapple with the suspect. now, this man has to take responsibility that he did have a gun, and he conducted himself in some manner to draw attention to a citizen who called the police. and after that the one officer, if this is the way it went down one officer shot one officer didn't. when you hear he's got a gun, if the other officer now uses deadly force, it's because he believes that that gun is in the hand or is attempting to be put in the hand of the suspect. >> andell? >> i mean i'm not going to say that you know i'm not going to cast aspersions on somebody that's not here to defend themselves and say what they thought was happening. when an officer approaches you,

i think it's kind of normal to want to know why exactly am i being told to get on the ground. why exactly am i being approached in this aggressive manner and i think many people in the community are on edge because they see these numerous situations and seems to be very quick escalation without an opportunity for people to figure out what's going on. he's out there every day. the owner of the store knows him. they know he's not a bad guy, they know he's not a dangerous guy. >> but the cops don't know. the thing is the cops don't know any of that. >> and that's part of the problem. >> i'm up against a hard break, guys. i got to go. reverend jesse jackson is next. he says this is a public lynching. when kevin jorgeson needs light, he trusts duracell quantum because it lasts longer. ♪ (duracell slamtones)

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from the world headquarters of fox news it's "the kelly file" with megyn kelly. >> developing tonight, the department of justice is already pursuing a civil rights investigation into the death of alton sterling. earlier today civil rights leader jesse jackson called this police shooting a public lynching. reverend jesse jackson is themy guest now. good to see you tonight. this is disturbing, no question about it and hard to watch. >> it is hard to watch.

>> for those who say you go too far by referring to it in those judgmental terms before we know all the facts, what say you? >> the fact we do know is a man was on the ground held down by another police shot in the back and in the chest, at least four times. police were involved in that. >> we don't know that. that second part there we don't yet know. >> we see, the camera is the eyes and the eyes tell us that this man is down with no lethal harm to these police a threat to them at all. now the whole world is watching. they didn't have to kill this man. it's so reminiscent of new york where the police felt they had to choke him to death, shoot him four times with no threat to them. >> can you tar these officers with prior cases that they had

nothing to do with, to ascribe motive to them? their defenders say they were scared somebody said he had a gun, they were there because somebody reported feeling threatened by him and he had a gun. >> well somebody saying is a poor excuse to shoot somebody in the back and the chest four times. that's a poor excuse. >> that's -- >> after the force was excessive, it was unnecessary, and it was deadly. the only reason justification police shooting someone is they are a threat themselves not hearsay, not they say, they killed this man. when i grew up -- audaciously blue uniforms. it is a pattern, and i think first the governor should be commended for moving immediately to bring in the fbi and justice, because they at least have more credibility in the situation. the second piece of this is if he had shot them down on the

ground he would be arraigned tonight, not on administrative leave getting paid. >> earlier tonight you came out and called them racist. that is a bridge too far, is it not? we have no idea what was in those cops' hearts. >> we know the culture, and we know these two white cops -- >> come on come on that's not fair to these guys. that's not fair. >> these guys murdered a man -- >> can you ascribe that racist motivation to these guys without knowing? >> no no their fears were unfounded and in part the stereo stereotypes of an african-american male. they shot him four times on the ground. in this case it's not hearsay, it's the whole world is watching. >> yeah they are. i got to leave it at that sir. >> whole world is watching. >> we'll continue watching and you and i will continue this discussion another time. very good of you to be here tonight, all the best. we'll be right back. just say, show me cars with no accidents reported find the cars you want, avoid the

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what did you make of the reverend jesse jackson's statements right now? go to facebook let me know what you think. thanks everyone for watching. i'm megyn kelly. this is "the kelly file." see you tomorrow night at 9:00. welcome to "hannity." the massive scandal over hillary clinton's use of a private e-mail server during her time as secretary of state. rudy giuliani and roberto gonzalez will be here later with reaction but first, republicans in congress are now demanding answers after the fbi decided not to recommend criminal charges against hillary clinton despite evidence of wrong both fbi director james comey and attorney general loretta lynch are expected to appear on capitol hill to answer questions about the investigation. director