stops here in california because we are definitely looking out for you. breaking tonight, exactly 72 hours from now the nation will witness a moment that could determine the presidency. as donald trump and hillary clinton square off for the very first time in a debate that analysts suggest could be the biggest in history. welcome to "the kelly file" everyone. i'm megyn kelly. in 2012 some 67 million americans watched myth romney skbar square off against barack obama. analysts suggest that could top 100 million viewers, no pressure lester and become one of the most viewed events in the history of television. holy moly.

both candidates are deep in debate prep. mr. trump will hold a rally tomorrow and we're hearing that hillary clinton plans to head to charlotte, north carolina on sunday where the violent riots have enraged earlier this week. we'll have more on that in a moment. first, the main event. the presidential debate. charles krauthammer is here to discuss what's at stake. mark kenan is here with a look behind the scenes. and we're look at the latest numbers with larry sabato. but we begin tonight with campaign karl cameron rollers from trump tower in new york city. karl? >> reporter: both candidates are intensively preparing for this debate. they know it has a great potential to be a deicive moment in the election. and if there's a huge moment it could virtually decide it, notwithstanding the two other presidential and vice presidential debates that follow it.

hillary clinton has been working in mock debates with a sparring partner. no one knows who that is. it's very secret. she's working hard to memorize a series of trump's more colorful and what she considers to be objectionable comments. donald trump is not working with a mock debate or a sparring partner. he's got a steady stream of advisers working with him. he began his prep right after the convention when they began sunday meetings with a team of ads visors. rudy giuliani seems to have become a really important adviser in this process. one of the things that trump has been told to do by all of his team is to focus on policy answers that are tight, that are aspirational, talking about what his goals and priorities will be but not to get bogged down too much in detail. if he can avoid any missteps, it has the opportunity to be a huge achievement for him since the expectations are low and since

hillary clinton has been prepping so intensively. expectations for her are pretty high. >> karl mentioned rudy giuliani and he's right. but right now or panel, charles krauthamm krauthammer, chris stirewalt, and howie kurtz, host of media buzz on fnc. great to see you all. when you see how these two are preparing to go against each other, it's like two silver back gorillas. they're studying each other and it's like a modern warfare situation where they're saying trump is studying her body language and verbal tics from 16 years worth of clinton debates. they've identified her words, phrases or gestures she uses when he's unsure of an answer or trying to deflect and he is ready to pounce if it happens. let me start with you on that,

charles. could be pretty effective. >> i think it's insane overpreparation. you stuff your head with that, you won't be able to speak. it's like the young rookie who goes up to the plate and learned and then some happy-go-lucky guy shows up who has been drinking all night and acts on instinct. trump is the one who gets the reputation for being the happy-go-lucky guy. part of that is spin. there is so much spin here. >> he's preparing. >> you can really get the vertigo. there's a predebate spin of the post debate that's going to happen. i'm not sure i believe anything coming out of anybody's carp. we're going to see what we're going to see and we'll do the spinning afterwards. >> one of the things she needs to watch out from her is what we

saw from her this week, stirewalt where for some reason she sometimes resorts to screaming her point and here is an example of that. >> now having said all this, why aren't i 50 points ahead, you might ask. well, the choice for working families has never been clearer. i need your help to get donald trump's record out to everybody. nobody should be fooled. >> yeah. i mean -- >> nobody should be doing that. >> i wonder why you're not 50 points ahead. golly gosh. you sound like an enraged tear dak l. i don't know why you're not winning all of the points. hillary clinton struggles -- this is the terrible advice that hillary clinton gets other and over again. be yourself. be yourself. no, not like that. be yourself and they say actually we don't like it. be somebody else. and the problem for her is i

don't know that she knows anymore who her real self is. >> that person we saw at the convention worked for her. the screaming is a different story. trump has a lot of weaknesses she can exploit as well, including, you know, the number of controversies he's created. we heard karl cameron report that she's studying his objectionable comments and it's going to take her from now until the next election but she's probably going to zero in, judging from the campaign ad she just released today on among other things, his comments about women. here's a flavor of what he just released. ♪ >> i'd look her right in that fat ugly face of hers, she's a slob. she ate like a pig. a person who is flat chested is very hard to be a ten. does she have a good body? no. does she have a fat [ bleep ] absolutely. >> do you treat women with

respect? >> i can't say that either. >> all right. >> is this a president we want for or daughters. >> i don't think hillary clinton is going to bring up the flat chests remark. it sounds like the shrinks are in charges of the debate. >> you don't think he's going to refer to that? >> she may say a cleaned up version of that, sure. the pressure is on trump for this reason. he's the x factor, the reality show guy that wants to be in charge of the nuclear codes. this whole campaign turned on his personality, his temperament and insults and he has to use these debates to magically pass the commander in chief threshold. hillary clinton is the government lifer, lived in the white house, the bar for her is to connect with voters who are either don't like her, tired of her, weary of her and also to deal with the honesty and trustworthy question that's dogged her. >> that's tough to do in a debate setting. that's more of a press

conference situation you can sort of try to prove to people you're honest. charles, what do you see as his biggest risk going into monday night? >> i think he's got the biggest opportunity because he's behind not by as much as he was, but he is behind. so he needs to do well. on the other hand he's got the low bab within an absurdly low bar and hillary has done this. she's reproduced the appalling stuff he's said in all of those ads. she's portrayed him as a guy who can't be allowed near the white house so that all he has to do is show up and not froth at the mouth and appear reasonably normal, charming would be a splendid bonus and he wins. so it's been set up in a way, and i think he plays into it, where he doesn't have a lot that he has to do, simply has to control himself for 90 minutes. now with him, that could be a challenge. but nonetheless, you know, for other folks, that generally is okay.

90 minutes, i'm sure stirewalt or howie can pull it off if they try. >> i don't know. just a five-minute segment on "the kelly file." trump has gotten into trouble in the past for being too i am the only one what can fix it, it's all about me, i will make america great, i, i, i like an imperial presidency. this is something getting attention online today. it comes from a frontline documentary coming out next week involving one of the celebrity apprentice, regular apprentice candidates. ohm rosa. think to this. >> every critic, every retractor will have to bow down to president trump. it's everyone who ever doubted donald, who ever disagreed, who ever challenged him. it's the ultimate revenge to become the most powerful man in

the universe. >> i don't know about that. but your thoughts on how that narrative, that believe and that messaging from trump himself, it's me, all about me could endanger him on monday. >> we come together at a time of kriefgs. the country is at the abyss and only i can fix it. these are dark days for america. you bet. you're going to hear trump, the law and order, our cities are burning, america is at the edge, we're falling apart, being picked apart by our adversaries and that we need a strong man, emphasis on the man part probably, to take care of america at this dreadful hour. >> strength works for him. but too much imperialism maybe not. >> especially when hillary clinton sticks it up his nose. >> go ahead, charles. >> the flip side to painting the situation today as apocalyptic is to paint himself as messianic.

you remember in the acceptance speech he gave in cleveland, he didn't say i'm going to reduce crime and violence. he said i'm going to abolish it. now nobody has done that going back to king tut. they've all tried it and i don't think any of them have ever promised to abolish crime and evil in the world. he did it in a written state. >> this is the kind of fact checking that the american people want to see on the spot from lester holt. i hope he's watching this. >> it's all of the sick trick training. >> go ahead, howie. >> trump has more tv experience than anybody who has ever run for president. i don't think he'll be asking people to bow down. it reminds me of reagan in 1980, he won the collection against jimmy carterby reassuring the country that he could handle the job. i wouldn't underestimate donald trump's ability to adjust his debating tile. >> ted cruz today finally

reversed himself saying he's endorsing donald trump notwithstanding this expression on may 3rd. >> i'm going to tell you what i really think about him. this man is a pathological liar. the man cannot tell the truth but he combines it with being a narcissist. everything in donald's world is about donald. morality does not exist for him. donald will betray his supporters on every issue. >> charles, thoughts on that. >> yes. and that's why we need him in the white house. that completes that argument. >> great to see all of you. looking forward to monday night. >> great to see you. >> you bet. politicians are fun. well my next guest believes this may be the most important debate in u.s. history. the campaigns have given him unprecedented access and here's a sneak peek from this week's

episode of show time's ground breaking documentary series "the circus." >> there's nothing more exciting, more competitive or more unpredictable than a presidential campaign in the united states. >> mayhem, madness, chaos. >> if you can't get excited to see how this thing is going to end, you should go to your doctor and get a physical. >> this is nothing like rehearsi rehearsing. it's happened all throughout this year. >> here we are sprinting, just a few week to go. this is the closest an american women has ever been to the white house. >> when there are no ceilings, the sky is the limit. >> the most important thing is confidence. trump is not lack in that department. something is going to have to give here. >> we will make america great again. >> we think the first debate will be the most watched television event in history and probably the single greatest driver of the outcome of this election. >> joining me now, mark mcken non, cocreator and cohost of

"the circus" on show time. great to see you. so it's -- >> i'm so excited about this debate. >> i'm so excited about it too. why? like we just saw in that clip, this is going to be like something we've ever seen before. >> well, because the stakes are so high and this has been such an epic race and been so unstable, we really don't know the outcome of this election. every other election is pretty easy to predict what might happen. we have no idea in this election. we've been wrong so many times. given the stakes are so high, if somebody wins this debate, perceived to have won it, they will probably win the election. the stakes are that high. >> the unpredictability of trump is playing a huge role. he calls himself the ratings king. he's right about that. trump rates on a normal night. but on a night like this with somebody who is an unpredictable television character, you tell me, anything could happen. >> well, anything could happen.

and he knows that. i mean he's the guy who understands television, understands drama. so you can surely count on that he's going to bring out some surprises during the debate. i think he's got the easier task in this debate. number one is the expectations game which is so low for him. the other thing is that these two candidates both have problems. his problem is that people perceive he might have a temperament problem. her problem is that people see her as not being honest or trust wore think. he can fix that pob in a debate. it's harder to fix hers in a debate. all he has to do is get through the debate without coming off the chain and it will go a long way toward people looking in saying, okay, i can see him as president. >> what would be your main message to him, keep your cool? >> oh, yeah, absolutely. keep your cool. all he has to do is qualify. what she has to do is disqualify. and i assure you that he's going

to use 90 minutes to prosecute him over and over and over again thinking that at some point he's going to unwind and come after her and that's when she knows he's got him. >> and she there's no commercial breaks. >> i think she's going to bring -- they're game players, both of them. she's going to be very well-prepared obviously. she's done a lot of debates and he's done a lot of television. so bring those two together, it's going to be spectacular. >> we're going to be together, mark. i'll see you on monday. >> kick it hard. see you monday. >> kick it. love that. we've seen presidential debates produce big polling swings in four of the last five elections. larry sabato is next on what to watch for this time. the city of charlotte bracesing for a fourth straight night of protests as we get major evidence of the death of

keith lamont scott, a video taken by his wife shows the moments before during and after the shooting. what does this help? what we're learning about mr. scott. we've got rudy gillian uliani h about what the video shows. coming up on "look! famous people!" we catch flo, the progressive girl, at the supermarket buying cheese. scandal alert! flo likes dairy?! woman: busted! [ laughter ] right afterwards we caught her riding shotgun with a mystery man. oh, yeah! [ indistinct shouting ] is this your chauffeur? what?! no, i was just showing him how easy it is to save with snapshot from progressive. you just plug it in and it gives you a rate based on your driving. does she have insurance for being boring? [ light laughter ] laugh bigger. [ laughter ] ...one of many pieces in my i havlife.hma... so when my asthma symptoms kept coming back on my long-term control medicine.

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we've got rudy giuliani here breaking tonight, 46 days until the election. three days until the first debate and two national polls showing hillary clinton tracking slightly ahead of donald trump tonight. first in wednesday's "wall street journal" poll mrs. clinton is up by six points in a four-way race. today from merist, mrs. clinton up by six point. but paced on some numbers we pulled from the last couple of debates, that could change monday night. joining me now is larry sabato. just a word on the polling. so did this show a trend in her favor or does that show a trend

in trump's favor. was she up more in those polls? what are you seeing? >> well, look, i look at the polling averages, megyn. i'm a broken record on this because, you know, in this election if you don't like the polls, they kind of remind me of the british weather. if you don't like it, wait an hour and it will change. the same is true with the polls. you got to go with with the averages. she's up three or four. as you note within things can change once people see the debates. i want to analyze it after i see it. >> yeah because we're seeing just across the swing states a tightening, at least it appears. colorado they're tied right now. she was up by ten. michigan she's up by 4. she was up by 10. new hampshire he's up by 5, she was up by 9.3. there's a tightening going into the debate and the question for you is whether these debates will matter. we go back to the first debate four years ago myth romney was believed even by president obama

to have cleaned president obama's clock. what difference did it make? >> in the long run absolutely nothing. and megyn, you just hit on the critical point that people are ignoring in looking at the debate. what has happened with only one exception that i'll mention, but what has happened in some of these past debates, most of these past debates, they move the need wng one, two, three, four points in somebody's direction and the debate effects dissipate within a week or ten days. >> that's all they get? >> basically they get a week or ten day ps. exception was ronald reagan in 1980 but that's because the only debate was held a week before the election. >> what is the challenge to trump here. we only saw him with four people. never seen him go one on one. i don't think he's done a debate one on one and he had a much different dynamic in the primary process. >> yeah. in the primaries he could hang back and let the other 16

candidates debate policy. he didn't have to have a command of the facts about many of the policies. he may be put on the spot by hillary clinton and the moderator. i suspect it is going to happen. it's 90 minutes. so you have to know something to answer some of these questions. we'll see how he does. obviously there are problems for both candidates over 90 minutes. >> exactly. she's never faced somebody like donald trump with all due respect, matter. o'malley. this is going to be unlike anything she's ever experienced. >> yes, even bernie sanders. i don't think donald trump is going to say i'm tired of hearing about your damn e-mails. >> i think you're right about that. >> i suspect he's going to be adding a lot about her ix mail during the course of that debate. >> i know that you're calling for fact checking by the moderators. i have to say, she wants fact checking of staumts like this if trump says clinton supports open borders with, clinton wants to get rid of the second amendment.

that's not the moderator's job to say no, her position on open borders is this. that's an opinion, an argument they get to make on the stage. >> essentially it's up to the other candidate to correct mistakes made by his or her opponent. the moderator should intervene mainly to ensure that both candidates are getting approximately equal time. that's the moderator's job and also to stop candidates from interfering with one other's answers. you can't have people talking over one another. and i don't think most viewers like that. >> agreed. great to see you. >> thank you. we've got breaking news tonight out of charlotte, north carolina where protesters just shut down a part of a major highway running through the city. we'll go live to the scene as the march grows louder again tonight. plus, we'll show you the big controversy that came out today with the new video. and what it shows in the moments

after police shot keith scott in charlotte. rudy giuliani is here on how this case is unfolding before sheriff david clark gives us his take on what's really going on in charlotte next. before taking his team to state for the first time...

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breaking tonight, we have seen protests in charlotte growing loud near the last 20 minutes as controversy glrows over new evidence. a video taken by scott's wife and given to the media today shows the moments before, during and after the moment her husband was shot. the entire exchange is not seen. you can hear police tell scott to drop the gun more than a dozen times officers open fire. you don't see the fatal shots but this is a disturbing piece of tape. watch. >> don't shoot him. he has to weapon. don't shoot him. >> drop your gun. drop the [ bleep ] gun. >> don't shoot him. don't shoot him. he didn't do anything. >> drop the gun. drop the gun. drop the gun. >> he doesn't have a gun. he has a tbi. he's not going to do anything to

you guys. he just took his medicine. >> drop the gun. let me get [ bleep ] over here. >> keith, don't let them break the windows. come on out of the car. keith, don't do it. keith get out of the car. >> drop the gun. >> keith, don't you do it. don't you do it. keith! keith! keith, don't you do it. [ gunfire ] [ bleep ]. >> did you shoot him? did you shoot him? did you shoot him? he better not be [ bleep ] dead. he better not be [ bleep ] dead. i know that much. he better not be dead. i'm not going to come near you. i'm going to record you. >> back up. >> he better be alive because -- you better be alive. >> 9453 lexington court. these are the police officers

who shot my husband and he better live. he better live. he didn't do nothing to them. ain't nobody touched nobody. that ear all good. i know he better live. i know he better live. how about that. i'm not coming to you guys but he better live. he better live. y'all hear this and you see this, right? he better live. >> turn it off. >> he better live. i swear he better live. yep. he better live. he better [ bleep ] live. he better live. where is -- he better [ bleep ] live. i ain't going nowhere. i'm in the same damn spot. that's okay. did all call the police? i mean did y'all call the ambulance? >> there are questions about what we saw and what we did not see in that video and we' get to those in a moment. but we want to check in with

steve harrigan live no charlotte tonight. steve? >> reporter: the crowd has has been marching here for about an hour. for a brief moment about ten minutes they took control of the highway that rings this city, highway 277. last night they were stopped from doing u so by the police. tonight they were able to do so. we have not seen damage to property or any arrests between police and demonstrators so far. the second night in a row so far it's been peaceful. there was a real concern that after the family's tape was released there would be greater numbers and possible violence. we are not seeing that. the crowd amounts to about 300 people. probably about 300 journalists right now. they've been chanting right now "let me people go." earlier they were chanting "show the tapes, release the tapes." real pressure to get the tapes released from the dashboard and the body cams. the big numbers that were anticipated after the release of

the shooting not panning out so far and so far another night peaceful so far in charlotte. back to you. >> steve, thank you. well with today's new evidence also come new questions as some folks suggest this video may disprove the police account of events. this is the image that was being circulated earlier this week. showing what appears to be a handgun next to keith scott as he lay on the ground. you see it there. you can see scott's shoes in white. compare that now to the following image from the video released today by mr. scott's wife. the picture from the video seems to show scott's feet without any firearm nearby. but the kelly file did some digging and found that image that appears to show one of the responding officers having walked past what looks like a pistol on the ground. you can see it here in the red circle before noticing it behind him and then taking a step back

and then apparently standing over that item on the ground. the timing on this scene is unclear and the kelly file has reached out to the agency in possession of the police videos which as you heard have yet to be released. how and when did that weapon appear in that spot in the first place and why does this location in the videotape not appear to match the one in the still images we were shown earlier this week. joining me you, milwaukee county sheriff david clark. we're not going to do forensic files here on the kelly file but i want to ask you, there's a conspiracy theory, it's going around. did the cops plant the gun. mr. scot's fingerprints were found on it, dna and his blood. on top of that the police knew they were being filmed by the man's wife. there were several officers there. you tell me in your experience, the likelihood of cops being so brazen to plant a gun in those

circumstances. >> well, megyn highly unlikely. i don't know the facts and i don't know what happened here. i haven't seen all of the evidence. that's one of the problems with releasing videotapes is it's one piece of evidence that you don't know how it fits in conjunction with all of the witness statement including the officers and other evidence that exists. i've investigated homicide, and police relited shooting. i'm supervised the scenes. they're very complex and we have to wait to see the entire case. but i find it highly unlikely -- not impossible, highly unlikely that a gun was planted in that situation. especially in the officers were wearing body cams. it would be hard to do. >> what jumped out at you in that tape. those questioning the police behavior say she kept saying he's doesn't have a gun, he's got a tbi, traumatic brain injury and he just took his medication >> that was her version of the

events as she saw them unfold. but i haerz voices from what appeared to be police officers saying drop the gun. we'll find out soon enough. everyone wants this thing done within the half-hour that it happens on t. it didn't happen that way. don't rush to judgment. wait. i know these things are very emotional, they're very difficult to have to deal with at the time and everything that's going on in the good city of charlotte. but reasonableness will have to prevail. calm will have to revail, cooler heads, leadership will be important here until we get this thing sorted out. >> now some are pushing to change the rules that police have to live by when they're in the field. we heard richard fowler say perhaps the policies need to change if all of these shootings are in policy. there was a woman in huffington post described as an educator and this person's argument is first of all, policing is not a very dangerous job at all and in

many ways officers have the right to kill without consequence and therefore we do need a change in the rules that govern police. your thoughts. >> well believe it or not, she has a ph.d. which doesn't say much for people walking around with that title. look, it's easy for her to say. she's an academic elite. she spends her time in the ivory tower to have classroom thinking she thouknows what's going on. she has very little experience of what's going on in the american getto. she may have heard about it or passed through one a time or two. policies need to change in i don't have a problem with that after a discussion but you can't change them as we're going through because she doesn't like the outcome. there's a wall in washington, d.c. with the names of 20,000 officers killed in the line of du duty. doubt there's a memorial wall anywhere with professors who have been killed in the line of

indoctrination inside a classroom. >> thanks for being here. >> thank you, megyn. as we watch the protests, american's mayor, rudy giuliani joins us next on what he thinks is the real problem here. and we'll ask him about donald trump's debate prep next. to ite protections from leaks, odor and moisture. tena lets you be you ♪ heyyes, dear. you're washing that baked-on alfredo by hand, right? yes, dear. dish issues? cascade platinum powers through your toughest stuck-on food. so let your dishwasher be the dishwasher. this turned out great. cascade.

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rate dropped 60%, helping make new york one of the safest big cities. it's great to see you tonight. so, you know, the amount of misinformation that gets put out there, what we heard from some people was that mr. scott was holding a book, not a gun. we don't know whether there's a gun in that video. the cops are saying over open over drop the gun, drop the gun. i haven't heard anybody saying he was holding a book. and they're saying that the cops shot the protester in the head the other night. now we know they have a man in custody, a career criminal on the street. >> this is happening because we don't have leadership in country. we don't have the president of the united states saying to people, wait, remain patient, situations like this take a couple of weeks at least, sometimes more than that to figure out the just result. justice can't be accomplished except maybe back in the west in the 1830s on the street.

>> right. >> and this is why we have a criminal justice system. this is why we have a civilized country. let's wait until all of the facts come in. i heard the african-american police commissioner or chief of charlotte explain what seemed to be a rational reason for why this african-american police officer shot another african-american. now if he's right, then somebody has got to be concerned about the life of the african-american police officer as well. and all i hear is we're all concerned about the life of the guy who got shot. what about the guy who possibly almost got killed who was putting his life at risk to save us. doesn't his life count for something? and shouldn't we at least calm down and wait and find out. >> what do you make of sort of anecdotal evidence where people say it may not have happened in this case but we're sick of black men winding upshot dead by cops in situations where they thought they had a gun, they didn't have a gun, the gun wasn't pointed at them, et

cetera. >> i'm sympathetic to that and i think any police officer who shoots in an unjustifiable way like the person mo got indicted in tulsa the other day should be indicted. >> you put a lot of cops in jail. >> about 70. and a couple when i was mayor. but in most of the situations they're talking about, it turned out that the police officers were innocent. let's take baltimore, for example, and freddie gray. hillary clinton announced that they were guilty almost unequivocally before she had any facts. all five of them, charges dropped. three of them were acquitted in a trial before an african-american judge. and she's yet to apologize for that. it's that kind of rhetoric from hillary clinton and barack obama that's produced the racial division that we have in america today. we didn't have this racial division nine years ago. this is much worse than we had

nine years ago and i lay it right at the foot of our leadership of the kind of stuff that barack obama says, the kind of stuff that hillary clinton says, the fact that she wants to go to charlotte -- >> just getting this in my ear in the wake of the mayor saying that, she's now saying she won't go. >> well that's good. but her instincts were to go and politicize. >> i got to ask you, you're working with donald trump on debate prep. i love to be able to see that. are we going to have any surprises on monday? >> of course we're going to have surprises. >> we are in. >> of course we're going to have surprises. >> can you give us a hint? >> of course not. you think we're going to go without a couple of surprises. >> if somebody playing hillary clinton? >> no. >> is it you? >> not that i haven't worn a dress before. >> we haven't seen that. >> however, donald trump has his way of preparing and he's doing it, he's doing it very very well and he'll be well-prepared.

now she's a career politician. she's debated a lot longer than he has in a lot more situations. so i think you should expect that she would be really a terrific debater. and i think, i think as you know, donald trump always has at least one or two cards up his sleeve. so just watch out. >> we will watch out. and we're looking forward to watching the whole thing monday night. great to see you, mr. mayor. we're hearing claims that police would not have opened fire like we saw there had it been a white man with a gun. do you believe that? dana loesch and richard fowler take up that debate next when we come back with another tense night in charlotte. 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.

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breaking tonight as we watch another tense night of marches in charlotte, north carolina, a new fight as erupted ap washington post columnist eugene robinson said that the police would not have opened fire in charlotte, north carolina had it been a white man with a gun, writing quote in america gun rights are only for white people. dana loesch is the hoet of dana on the blaze and the author of" hands off my gun", richard

fowler. >> i think he wrote and interesting piece and a piece that's thought provoking. i don't agree with the second amendment, i believe that everybody should have access to it and beyond that there should be due process. if you do have a gun in a state where there is some sort of carry law, conceal carry or open carry, you should get your due process rights first. you have the scott case which is fill questionable. but in the steel case, the most important case to look at this, he was indeed a gun owner. he had a license. and the police officer asked for his wallet, thought he was reaching for a gun and shot him. >> that's are the one where -- >> he was in the front. >> and his girlfriend was streaming it life, went out on facebook live? >> correct. >> dana, you tell me. u yeen's argument is that open carry is legal in north carolina, he had a gun, there's nothing illegal about that. what did he do? he was sitting in a car with a

gun. >> yeah. first, megyn, thanks for having me. i thought eugene's piece wu uninformed and silly. i do agree that the second amendment for law abiding americans, i completely support the access. for steel, he was by all accounts, in possession of a chl. your concealed carry license means precisely squat when you're sitting in your vehicle and hearing from the officer to keep your hands where that officer can see them. i'm still waiting for more information and i wish that the media and the law enforcement, the sheriff's department in this case would be more open about it because the last that i heard we were still kind of waiting to see exactly what happened when the officer approached the window and what mr. castile's hand were doing at that particular time. megyn i have been stopped before and i'm a little white woman. i've been stopped before and i've had the officer ask me for

my license and registration. i forgot one piece of paper in my glove box and i was going to reach over, no, ma'am, keep your hands where i can see them. i'm not going to disobey an order. >> you see a cop ordering you to drop your gun and you have one option, which is drop it. >> right. i hear that. i think there's tons and tons of cases where you see there's caucasians who have guns and the officers ask them to drop them and they don't. but in the castile case, according to his girlfriend he says they're in the glove box, i have a concealed carry permit. >> that's one iunderstand accide incident. >> they should have time to present their papers or conceal permit before being shot. >> if you're given a direct order and you've got cops ordering you.

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don't forget to tune in this sunday at 9:00 p.m. eastern for a special edition of the kelly file. monday night tune in for the kelly file after the debate 11:00 p.m. for wrap-up and analysis. see you then. tonight the obama years have been disastrous for the country, especially for african-american but believe it or not democrats still feel entitled to their vote. >> i consider it a personal insult to my legacy if this community lets down its guard and fails to activate itself in this election. >> donald trump thinks it's time for a change, a big change. >> african-american communities have suffered under democratic control. >> african-americans are getting crushed by the obama economy. >> nearly four in ten african-american children live in poverty. 58% of