out to bill o'reilly in california. he'll be back tomorrow as we are closing in on the debate on monday. we have full coverage, america's election headquarters on fox. megyn kelly is up next. breaking tonight, 46 days out from the presidential election and america is once again watching riots in a mayor city. over the hot button issues of race, policing and the search for truth and justice. welcome to "the kelly file" everyone. i'm megyn kelly. there's a state of emergency in charlotte, north carolina following days of protest over the officer involved shooting. police are fanned out across the city as dozens of police and protesters were injured and one man was killed in a wild series of showdowns we saw together last night. just a short time ago mr. scott's family viewed video of the tuesday shooting and their

attorney released a statement saying to them it is impossible to discern what if anything she was holding in his hands, gun or otherwise. they are now calling on police to release the videotapes. his case is one of two that are dominating the headlines this week. the other involves the shooting death of terence crutcher in tulsa, oklahoma. he was shot and killed as he approached his suv with his arms raised. earlier today the female officer who fired that fatal shot was charged with first degree manslaughter, a felony. at this hour there is one thing we know for certain. we do have all of the facts in either case. tonight the pressure is build again between an angry crowd and a tense police department. we'll speak with the charlotte police chief who is with us live and we'll be joined by dr. ben carson. we begin tonight with mike tobin

roer reporting live from charlotte. >> reporter: what you're watching right now is a little bit of moticommotion because thr was trying to make it out. there is a new sign, justice for justin. justin carr was injured last night. he died of his injuries today. the version of the people here on the street is that he was hit by a rubber bullet fired by the police. that resulted in his death. i've had a number of people tell me that i have video of it. i've asked them to show me the video, no one has shown me the video of it. the police version is very different, saying he was shot by a civilian during the demonstrations ultimately dying of his injuries. he has become one of the causes about which they're protesting now. i ballpark the demonstration crowd right now at about 300. it appears that the police are trying intentionally not to have

friction with the demonstrators as they go through the center of the town as long as nothing is getting busted up. we did see a confrontation with police in riot gear but it wasn't a situation where the cops came of the demonstrators. it was a situation where the demonstrators found where they were staging and went up to the riot cops and started the staging. it was diffused by a number of the community leaders who put a line between the demonstrators and the police and the police walked off without incident out took a break inside one of the hotels. they're going through the center of town here now. part of the town is call uptown. some of the area where there was trouble last night. thus far a lot of marching, a lot of chanting. i haven't seen much trouble. and police, it appears, are intentionally trying to keep their presence minimal for the moment. megyn? >> mike tobin, thank you. as we mentioned a moment ago, the scott family viewed the police video of the shooting earlier this evening.

immediately after that family lawyers issued a statement that reads in part, quote, after watching the videos the family again has more questions than answers. when told by police to exit his vehicle, mr. scott did so in a very calm nonaggressive manner. the statement goes on to say, it is impossible to discern from the videos what if anything mr. scott is holding in his hands. when he was shot and killed, mr. scott's hands were by his side and he was slowly walking backwards. joining us now, charlotte police department kara putney. thanks for being with us tonight. i want to get your reaction to that statement that the video shows that he had his hands down to his sides and he was walking backwards when he was shot. can you confirm that? >> what i can tell you is that the video is, as i've said before, not the most definitive piece of evidence we would have hoped for. you can't really see what's in his hands. as i said before, you cannot see him making a gesture like

pointing the gun which would be more definitive. but the officer perceived his failure to comply with commands, failure to drop the women and facing the officers as an imminent threat and that is what caused everything else to transpire. >> i want to underscore to the viewers race has played a role in fact or perception that the officer who shot officer scott was also african-american. do you have any doubt in your mind, chief were that this officer believed this man had a gun and do you have any doubt that in fact mr. scott did have a gun on him at the time? >> no. there's a lot of other evidence i can't speak to. the state bureau of investigations, an independent investigative body has taken over. i can't really speak to the investigation much further. but there's a lot of other

evidence that gives us a great deal of support and comfort. the version that you heard from us before is supported by the evidence and all of the statements that we were able to gather. and the totality of the circumstances we're led to believe that that version is still very much accurate. >> i know you said you recovered a gun from the scene. have you checked for fingerprints on it belonging to mr. scott and do you know whether it was registered to him? >> as much as i would love to answer that question, that question is very relevant. but i can't really disclose that type of evidence anymore, although i would love to because i'm not lead on that investigation any longer. >> the release of the videos, that's ooh become controversial. you've seen them, shown them to the family. you say you're not going to release them despite a promise of transparency because you don't think you should display a person's last days for public

consumption. but the family who speaks for the victim now say they want it released. so will you reconsider? >> well, here's what i can tell you. ultimately that is a factor in whether or not we release. i don't have the authority to do so. it's in the hands of the investigator. looking at it from all angles, i think that is probably the better option right now. and we'll see what they find based on their examinations of the facts. >> tonight there's a greater law enforcement presence in charlotte. we saw what we were obviously riots last night. in one case they were trying to throw a member of a press into a burning trash can. the naacp has come out and said the national guard presence is excessive and intimidating and it's unnecessary. your response. >> everybody is entitled to

their opinion. but in this i think i have the expertise to consider and weigh all options and make the choices that best provide the safety of the city that we need. and that is a process that i go through when i make decisions. and i came to the decision based on my best judgment and i stand by it. >> you know, the family lawyer, mr. scott's family lawyer, came out and said regardless of how this plays out at the end of the day, many feel that minorities in encounters with police are guilty until proven innocent. so they see this as -- whether this officer vincent was at fault or not, they see it as a problem that is plaguing the united states, that cops, whether they're black, whether they're white, when they see a black man they have a reaction that is racist. in your experience is there any truth to that? >> i can tell you, i don't have time to really delve into it like i would love to. but from a personal perspective, i can understand that

perspective. i'm going to be quite frank with you. there are times in my past that i had a similar perspective. i was not somebody who always liked police officers. i was on the other end of the spectrum. didn't care for them very much at all. now that i've become one -- i'm telling you, we're always looking for good people. anybody who wants to contribute to the solution can join us. we're looking to diversify the ranks. but what i can tell you with my experience of taking an oath and serving something greater than myself and making a sacrifice like our heros out here are making tonight, it gave me a different perspective. it gave me a balanced perspective. that's a perspective i'm using as i make decisions that i think are going to enhance the safety of our citizens and the community members here in charlotte. >> lucky to have you down there. i have to let you one question before i let you go. the man who was shot in the streets last night, justin carr, some chanting justice for justin tonight, some of the protesters claim he was hit by a police

officer's rubber bullet, that that's how he died. you dispute that? >> yes. the evidence disputes that. and there will be more evidence forthcoming here in the near future. again i go into everything with an open mind. i'm an eternal skeptic. we have a lot of evidence that supports that. i'm not going to give opinion, i'm not going to give perception. i'm going to deal with the facts and truth and the facts and truth lead me to believe the version that we gave initially is indeed the actual truth and fact-faced version and we're getting more evidence to support that. >> chief, all of the best to you. good luck to you tonight. >> thank you, ma'am. sorry i couldn't finish the interview yesterday. and true to my word i wanted to come back and do so. thank you. >> you're a gentleman for even saying that. you're certainly had your hands

full and it's good of you to give us any time last night or tonight. >> if you're going to pay me a compliment, i'm going to take that and leigh. >> all right. to be continued. in the two cases rocking the country, the deadly police shootings of keith lamont scott in charlotte, north carolina and terence crutcher in tulsa, oklahoma. trace is live to the night with what we know. >> in the shooting death of 40-year-old terence crutcher there is video from the officer's dash cam as well as helicopter video. tulsa police wur ere on the cal. the video shows four officers following terence crutcher as he walks toward his vehicle with his hands up. a male voice can be heard saying that looks like a bad dude too. he might be on something. second later crusher is seen falling to the ground. the responding officers say crutcher was not following orders. at first they used a stun gun

then he was shot and killed. she fired when crutcher started reaching into the window of his suv but the chief said this. >> i'm going to tell you right here and now, there was no gun on the suspect or in the suspect's vehicle. >> betty shelby has now been charged with first degree manslaughter. she could be facing four years in prison. in a clear reference to the male voice in the helicopter, saying that big bad dude was enrolled in tulsa community college. that big bad dude loved god. scott's family said he was sitting in his car waiting for his kids to get off of the bus. police were in the area searching for a suspect. scott wouz not that suspect. but the police chief said scott exited the vehicle with a firearm and then got back in the car and when officers approached they gave loud and clear instructions heard by witnesses to drop the weapon.

inside keith lamont scott got back out of the car, weapon in hand. he was shot and kill by an african-american officer with two years on the force. the chief said they didn't find a book but they did find a gun. as to whether keith scott was pointing that gun, the chief said that it's unclear. the scott family as you said has also viewed the video and said it is inconclusive. joining us now, former republican presidential candidate dr. ben carson. good to see you. >> you too. >> so as you see the race relations once again appear to reach a fever pitch in this country, whenever we see an incident like this which actually statistically is very rare but gets a lot of attention from the media, what are your thoughts? >> well, you know, obviously it's very concerning because if this continues going the wrong way, it could lead to some very chaotic situations in our country. and i'm very concerned about that.

and you'll notice a pattern here. usually you have some protests the first night after something like this, by the time the second night rolls around it becomes violent because by that time the sharks have smelled the blood in the water and the outside agitators have had an opportunity to get there. and the third night it could be worse unless you've brought in the adequate backup. this is a big problem. but there are things that can be learned. for instance in the case in north carolina, why not release the tape. maybe it's not definitive. but why have everybody speculating and attributing the worst possible motives to everyone. >> dr. carson, i want to stand you by. what we see are the protesters confronting some national guard men here on the steps of what facility ki not tell you. steve herrigan, what are we

seeing? >> reporter: we're seeing a crowd of 400 converge on the courthouse trying to make their way up the stairs. a line of police quickly forming to try to block them. we have not seen any violence yet but we have seen flash points like this where things could get out of hand. crowd has been chanting, "no justice, no peace." but so far the large show of force by police has kept things quiet. we've seen bike police, national guard armed in armored humvees and we've seen really a lot of protesters get right in the face of police. but also groups trying to get between the protesters and the police. a lot of clergy men, a lot of community activists trying to prevent anything from happening. looks like this flash point has been diffused. >> dr. carson back to you. it's pretty remarkable.

this at its core is about race and race relations in the country. you see the african-american guardsmen stand tlg on the courthouse steps as the african-american protesters express their outrage over the death of other african-american on the streets. as somebody who grow up with a difficult upbringing and got himself out to become one of the most famous pediatric neurosurgeons in the world, what message tuf for those jose i'm afraid for my life because i have black skin. >> okay. well you know, the level of frustration is obviously high. it was high when i was a kid also and people ascribed all kinds of bad attributes to those who they thought were the oppressors. in many cases they were appropriately ascribed. but my mother taught me, my

religion taught me that the person who has the most to do with what happens to you is you. it's not somebody else. and you don't have to concentrate on them and allow them to control your life. you can do it much better if you control your own life. so that's the message that i would give to people. and that doesn't mean that i don't understand the frustration. but the problem is, if you are always acting out of frustration, do you really think that's going to solve the problem? i mean what are the choices that the police have? they can either come down with an even heavier hand, that's not going to be good, or they can have such a light hand that, you know, criminals run wild. that's not going to be good either. so let's think about this rationally. what do we want to do. started getting together and talking and getting to know each other and coming up with rational solutions, not destroying property and destroying other people's lives. that's not going to help. there's no way that that's going to lead to an appropriate

solution. so there's problems on both sides. both sides have to be able to try to put themselves in the position of the other side and think about it from their point of view. and then this other thing i need to say, the police, i believe, should be taught nonlethal methods. for instance, in that case in oklahoma, i know they tried to stun gun. neighb maybe that didn't work. but you need to know the next level of nonlethal forces before he reaches the car. why not teach them these things. >> good to see you. thank you. >> thank you. >> the female officer was with a male officer who used his stun gun. she used her actual gun and killed the man. and now is facing felony manslaughter charges as a rule. there's another growing controversy tonight over exactly who shot a protester at last night's protest in charlotte, north carolina. the man who was shot is now

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breaking tonight, we're just getting local news reports that the charlotte mayor has ordered a midnight curfew. and we're hearing new questions over whether police are actually behind the shooting of that protester in charlotte last night. shortly before 9:00 p.m. we ar watching as police in riot gear lined up to face protesters, a loud pop can be heard and when our crew rounded the corner, that's when they saw two men strauld on the concrete, one of them with a massive head wound. watch. police are saying a civilian did the shooting.

some people in the community however are blaming the cops. in moments we'll speak with someone who was there and saw it happen. trace gallagher is live in the west coast newsroom however. >> at the scene of the shooting, tyson said he saw a man collapse after cops fired a barrage of rubber bullets into the crowd quoting all hell broke lose when they started shooting and i saw him fall. wh tyson writes, i saw police shoot that man almost point blank with my own eyes. stop the rhetoric. police shot him in the side of the head with a rubber bullet. todd is writing that his city is lying about what happened. i was there when cmpd shot a protester in the head tonight. another writing, i watch a man

die tonight with my own eyes. it was not by a civilian. was right there. steve says i saw the man go down on the pavement. it was an ambush. the victim was shot while he stood between two ministers and we believe he was shot by the police. the police chief is reviewing the video and interviewing the officers who were there. watch. >> as i said before, guys, we're here to seek the truth so we're investigating that to find the truth, the absolute truth as best the evidence can show it. >> the victim was put on life support last night and as you said, megyn, he died late today. >> thank you. ryan james was an eyewitness to all of this himself. james was apparently staring down the barrel of a pistol at one point. he joins me mow. ryan thank you for being here. you were in the middle of the protesters. did you actually witness the shooting? >> i didn't see the moment that

the shot was fired but i heard, it was a single shot. i immediately turned my head in the direction of the shot and saw a man with a raised pistol turn and run. i didn't get a good look at him because he turned as i turned to look. but i saw someone with a pistol turn around and run. >> how far away from you was he? >> maybe ten yards. >> can you describe the man? >> he was a black man with dread loo locks that's all i can say. >> was at police officer? >> it was not a police officer. i know what i saw. and this was a protester on protester violence. >> did there seem to be any reason why he chose this particular victim? >> there didn't seem to be. obviously i can't know his motivation. but it seemed like it was

indiscriminate firing into a crowd. >> did anybody else see this man? did you have an exchange with anybody at the time? >> no. it was -- the scene was completely chaotic. people were screaming. no one really knew what to do. no one was talking. it really was kind of anarchy down there in front of the omni hotel. >> you do not believe that the police shot this man? >> no. i saw a shooter. i saw someone with a raised gun turn around and run. >> and why were you out there? explain that to us. what made you go out and join the protesters? >> i was a correspondent for the daily beast. we got a protester right here that wants to talk. >> i want to give bill o'riley a message. >> apology, rooirn. this is your time and yet somebody wants to hijack it. we'll stand you by because we want to talk to you and not the man with a bull horn. we were told there would be no curfew but now we're getting

word from the local reporters that the mayor imposed one beginning at midnight. the decision not to do one was controversial. tonight things seem peace chl. joining me is kevin jackson, executive director of the black fear.net, tez lynn figarro, dimitri roberts, a former chicago police officer and former fbi task force member. kevin, let me start with you on this back and forth that we're seeing among the protesters about whether the cop shot this man or whether, as our eyewitness just said, it was a civilian who shot this young man ap and the willingness by so many to rush to judgment in this case and so others. >> it happened in ferguson and it's bound to happen -- it probably happened here. the sad part is that that the narrative is set that it's always going to be the cops'

fault. here's a guy who said how it happened one way an on his facebook page it's completely different. it reminds me of what happened in ferguson, saying he walked up and shot the man in the head point blank. and of course it completely turned out that it wasn't strew at all. the sad point is that social media drives these things and political narratives do as well. >> what do you make of that? the hands up, don't shoot mantra was a lie in ferguson. it was a live but it also gave birth to the black lives matter movement. there needs to be accountability, you tell me, on both sides, the police who are involved in these, the bad shootings, the ones that are not within policy, they need to be held to account, even when there's not a video, right? and yet on the other side there needs to be honesty about what the facts actually show. and when the initial statements

pushed out by propaganda turn out to not be true, there has to be ownership of that as well. >> i was speaking with several protesters from charlotte, william johnson saying this is not an issue that they're focusing on in charlotte. this is been happening year after year. and megyn, i'm from oklahoma. two years ago you mentioned stories that never make it without the video. i went to elected officials, democrat black elected officials like senator matthews about a case that no one heard about asking them to get involved in social justice reform. they're more focused on being elected to office doing nothing but showing up to press conferenc conferences. i hold people that we put in office accountable. they failed one, the officers, as well as the people of tulsa. this is something that's going on. the social media is not driving

it. the media is putting it out and the chickens are coming out to roost. who have you put in office that you have asked to address these issues and they have done nothing at all. >> dimitri, what do you think? >> let's focus here. somebody is dead and regardless of how it happened at this point, there's hundreds of other people's lives that are at risk, both citizens as well as police officers. we have to unify our country and our city now. what we can agree to is that nobody in the panel, in this country or in those communities wants to see anybody dead. nobody want to see any more killing happen whether it's a police officer or a community member. at the end of the day, whether that person is wearing blue or whether they're wearing the civilian clothes that this gentleman unfortunately had to die in, we all believe the same thing. and i believe that's something we can unify behind and something we can agree to and put forth sensible solutions.

>> there were extraordinary accusations leveled by the black caucus about police officers in general. i want to bring those up and get your reaction. we'll do that with the panel right after this quick break. don't go away. yes. you know, that reminds me of geico's 97% customer satisfaction rating. 97%? helped by geico's fast and friendly claims service. huh... oh yeah, baby. geico's as fast and friendly as it gets. woo! geico. expect great savings and a whole lot more. we thought fibers that caused unwanted gas.gular not good. then we switched to new mirafiber. only mirafiber supports regularity with dailycomfort fiber and is less likely to cause... unwanted gas. finally. try new mirafiber. from the makers of miralax.

breaking tonight, we're seeing new video of the chaos an anarchy in the streets of

charlotte from last night as we watch the streets in relatively calm conditions so far tonight. our senior correspondent mike tobin is live on the ground in charlotte. >> reporter: i'll show you something interesting that's happening. they stopped in front of the country jail here. as we look at the cells themselves, the inmates are now flashing their lights to recognize the fact that they see and hear the demonstrators down here. you see the demonstrators making a bunch of noise up to the inmates in the county jail. what you don't see is a big police presence. for the most part they're letting the demonstrators get out here and march. here's a couple of uniformed police officers coming through. clearly trying to minimize the friction. the one thing we're seeing with the crowd is they're marching, they stop at the intersections an chant, they're getting more rowdy. i'm picking up a smell of pot and booze. the activity is picking. throughout the night. >> the inmates are sending a message through the jailhouse windows?

>> reporter: yeah, that's them. if you look up, they're still flashing their lights. they're recognizing them down here saying they're part of the demonstration. >> they got a lot to worry about. they should be thinking about the felonies they committed. mike, good to see you. >> reporter: you got it. >> our panel is back with us were kevin jackson within tezlyn pick ro and dimitri roberts. i would love to start with this, reaction to you guys about what the congressional black kau kis members said today about race and bying. >> the killing of black men and women by police is a crisis. it is an emergency. it is time for the department of justice to take aggressive action and put an end to what appears to be the targeting and profiling of black people today. . >> we see the kind of attack that apparently happens to unarmed black men and women with no transparency.

>> often the police officers who take the lives of african men and women and others without justification escape accountability. >> we want the community to know we're responsive, we hear your voices and we're going to do everything we can. >> you tell me whether that misses a significant part of the story just painting the cops as a group that goes out and profiles black people. >> i call them the black circus. you're looking at a group of people that have been in charge of black folks for decades. if they wanted to solve these so-called problems, they should have been solving them. they're in big cities being run by democrats, many cases by black democrats and now suddenly we've got a police problem and it just pops up around the country in these different trouble spots. how did it start in ferguson, missouri if that's the case.

these people are an embarrassment to black people. and one of the other panelists was alludediing to it. many blacks vote these people in and they do nothing for blacks. they're making the black neighborhoods much more unsafe and they're making america safe. they're factually wrong. >> dimitri, your thoughts. >> let's stop having divisive language towards the groups, whether that's the police, the act vis or the congressional black caucus. i'm the only one here that's been a police officer and before i was a police i was a black man on the south side of chicago. let me tell you how we fix this. we get down to the root of the issues and that's the cultural differences between the law enforcement and the community. and when we bridge that cultural divide we'll see a better engagement with both of our african-american communities but as well as all communities within our country. >> tezlyn, go ahead.

>> looks like you're rushing to judgment in charlotte. i was a united states police officer in the air force. you're not the only one on the panel that's been involved in law enforcement. i've been involved and lived in chicago, downtown chicago, very familiar. we can talk about let's get rid of the divisive language and keep avoiding the issue over and over again and not deal with it. and what the other panelists said, they're speaking to the emotion of the people and it's a joke. just as it is a joke for dr. ben carson to speak about peace when he was the stam ben carson who pulled a hammer on his mother. >> oh boy. >> the actions need to back it up. all of this about let's hold hands and eat ice cream is a joke. i did serve my country as a police officer and i believe in social justice reform and i do believe we need to put a lot of people out of office starting this year. >> thank you for your service.

both of you. all the best. we're keeping a close eye on a third night tonight of protests in charlotte. benjamin watson is here to weigh in on what' e we're seeing on t streets tonight. is it a professor who never stops being a student?

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...in just a few clicks. with safelite you don't have to miss a thing. y'all did wonderful! thank you. (girls sing) safelite repair, safelite replace. i'm at school, in my car. you say a man got shot over here, right? why would i put myself in danger. >> exactly. >> guess what. i could be at work, at school, in my car. i can still get shot by the police. >> raw emotion that we saw together last night. you saw that right here on this broadcast, an angry protester. and the marchers are getting louder at this hour. benjaminhas been giving a lot of thought to this issue of race for a long time. thanks for being back with us. >> thank for having me. >> her passion made everyone feel what she was going through

and what you've gone through at different times in your own life. >> yeah. this is obviously a very deep topic. and you're seeing the passion, the anger and the frustration and the fear. the thing that hit home for me was hearing the officer in the helicopter say that looks like a bad dude right there from hundreds of feet in the air. >> in tulsa, oklahoma, the case where the police officer has now been arrested. >> yes, ma'am. and that's the bias that i think where we automatic operate under, black and white in this country, we operate under a bias if we're honest with ourselves, that people of dark skin complexion can be looked at as criminals. so i understand the anger that she's expressing there. >> some. some definitely have biassed. there's no question. and that big bad dude did not deserve to be shot. he was looking for help from police after his truck broke down. here is what his sister had to say about the quote big bad dude yesterday.>> that big bad dude n

brother. that big bad dude was a father. that big bad dude was a son. that big bad dude was enrolled at tulsa community college just wanting to make us proud. >> benjamin, you say this experience in tulsa, what we just saw there, can save us. what do you mean? >> what's that? we're still live. >> it gives us an opportunity to get this stuff out in the open. one of the biggest things we have to be able to do is handle conflict and handle it correctly. we're able to look at ur biases, our frustration, our sin in this syria on our pride and selfishness allows us to move forward. what doesn't allow us to move forward, i've seen it on social media, it really upsets me, is to get in our corners and call names and turn our back to each

other. that doesn't help anymore. obama can't save is was mrs. clinton can't save it, mr. trump can't save us. the only one that can change the heart of man is the lord. and that will make us want to make things fair for other people, ad ministering justice if it's in race, sex trafficking or in poverty. that will make us care about what our brothers and sisters are going through when our hearts are changed. what we're seeing here in charlotte is wrong. there shouldn't be any of this going on, shouldn't be any looting or anything like that. we're seeing a lot of frustration and nobody knows the answer. all of us are saying we need an answer. and what i'm saying is we need a heart change so as america we can move forward. >> benjamin, great to see you. thank you for coming out. >> thank you, megyn. >> i want to get no mike tobin live on the streets of charlotte. what are you seeing? >> reporter: not a lot of change.

just a lot of marching. we see them stop in the entreat intersections, stop and start chanting. at this point they look a little tired to me, just marching through the streets. what we don't see is a large presence of police. i see a couple of police officers up in the front and it looks like they're just keeping on eye on the situation. but you don't have a big line of police that could start some friction with these demonstrators. they stopped at one location here, and usually what happens is they'll give some directions or they'll start chanting when they're at the one point where they're stopping. i certainly can't report any trouble right now. we're seeing people marching doing their thing. >> we're glad to hear that and a big difference from what we saw last night which looked like a dangerous situation and indeed was. i want to just ask you this, mike. what is the presence now. we've got the national guard and the local charlotte police. what is the ratio of law enforcement presence to protesters tonight and how many

protesters would you guess there are? hundreds? >> reporter: i would say, i would ballpark it at around 500. the people i see marching on the street. and the police that are making themselves visible -- i know in one of the hotels a lot of the police are hanging out in the lobby and cooling off, some of the police in the heavy riot gear. they're not coming out here to be confrontational. you can see in the front of the crowd, you see a small platoon if you will of bike cops in light gear. looks like they're blazing the trail and getting the traffic out of the way making sure no one gets hurt. as far as the national -- >> what a difference 24 hours makes and let's hope it stays that way. mike, thank you. as the scenes in charlotte unfold, both candidates for president are waiking in on this race and on policing. watch. >> in tulsa, an unarmed man with his hands in the air, i mean this is just unbearable. and it needs to be intolerable.

and so, you know, maybe i can, by speaking directly to white people say, look, this is not who we are. we've got to do everything possible to improve policing, to go right at implicit bias. >> i watched the shooting in particular in tulsa. this young officer, i don't know what he was thinking. i don't know what she was thinking. did she get scared? was she choking? what happened. but maybe people like that, people that choke, people that do that maybe they can't be doing what they're doing. >> turning to me now, trump campaign national spokesperson katrina pearson and white house senior adviser under president bill clinton, richard sock reny. maybe she can speak to white people about the shooting deaths of african-americans? the case that we're watching here in charlotte involved a black

officer shooting a black support and there's a black police chief. i mean, why must she inject the motion that it's all whites against all blacks? >> well, megyn, first of all things for having me on on this night when a lot is going on. i really don't think it's a reasonable read to think fb from what she said, that she was trying to inject -- >> what does she mean she can speak to white people. >> -- anything inappropriate. i think she meant she could speak to all americans within including kcaucasians and all americans. i think that the campaign has had a lot of divisiveness in it. donald trump has, you know, in my view is the most divisive person we've ever seen running for president. so the idea that anyone would try to use this to political advantage this the climate is

ridiculous. even today mr. trump raised the birther idea saying he didn't reject the birther movement, that was only because he wanted to move on to other issues on his campaign because he thought this issue was hurting him. i think what we really need for people to do now is to focus on real solutions. and i think that's what hillary clinton is doing. >> katrina, your thoughts on what hillary said. >> the reason why hillary clinton said what she said is she has to make everything about race because she sees the numbers in the polls shifting. there are more african-americans supporting mr. trump. but the problem with hillary clinton is the damage was done. she did speak to white people when it comes to race when he flamed black youth as people with no conscious. 20 years of mass incarceration and this idea that young people needed to be brought to heal contributed -- >> that was in the context of gang violence.

it wasn't about all young black people. what about richard's allegation on the birther? >> -- communities like in chicago -- >> but let me ask you a question. richard's allegation about the birther comments. indeed today trump, when asked about his walking back his statements that trump -- that president obama was not born in the united states, that it was born in kenya suggested the reason he did that was because he wanted to put the matter to bed as a political matter. was he in fact believe that president obama was born in the united states or doesn't he? >> you'll have to take him at his word. he had a press conference saying barack obama was born in the united states period. and he also stated he wanted to put that issue to bed and get on with the real topics like we're facing today. we're talking about issues that plague the black community that hillary clinton was on the front lines for, like keeping failed public school monopolies in place, like amnesty which she wants to push forward which

hurts the black community. these are all things that hillary clinton fought for. >> donald trump's numbers with a african-americans are about where myth romney's were. today his language was about fixing a wounded country. he softened some of his rhetoric. >> one of his spokes people in ohio said there was no racial inequality, no racial discrimination until president obama was president. i think that the campaign he's running is a campaign based upon fear and divisiveness, his refusal to reject david duke and the ku klux klan. his discussion of stop and frisk in the terms of when he was asked what to do act this. >> megyn, that campaign person, that campaign person -- >> one person. >> she got fired. she got fired for saying that. >> she was forced to step down by saying those things. great to see you both on a

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what did you think of benjamin watson. buy his book pop go to facebook.com/the kelly file. thank you for watching. i'm megyn kelly. this is the kelly file. we have a live hannity right now. thanks megyn. this is a fox news alert. protesters back on the street tonight in charlotte, north carolina for the third consecutive night. now the city is in a stanl of emergency. the national guard has been deployed and a midnight to 6:00 a.m. curfew has been put in place by the mayor. our own mike tobin is on the ground tonight with the latest. mike? >> calle . >> reporter: we've got a roud of 500 people. they've stopped right now, giving some instructions and chanting. i'm going to bring in one of the protesters in here. carlos, what are you trying to get down. >> i'm out here to supportla