we should have new polling tomorrow. i'll bill o'reilly. please remember the spin stops tetetetetetetetetetetetetely lor you. breaking tonight with less than two weeks to go until the next presidential debate. donald trump's team is reportedly ready to try a new debate strategy. welcome to "the kelly file," everyone. i'm megyn kelly. a lot of republican and democratic pundits have spent the last two days suggesting that hillary clinton came out ahead in monday night's debate with suggestions that a key contributing factor was her time away from the campaign trail. spent by all accounts including her own practicing her performance and her points over and over again. now, the "new york times" sourcing trump campaign advisors is out about a story shrugged new debate strategy for donald

trump. practice, practice, practice. reporting that trump team will try to affect major changes over the next 11 days before the next big showdown. we've got a powerful line up for you tonight on this new turn in the road to the white house. starting with trump campaign manager kellyanne conway. here with the latest on the nominee's game plan. plus chris dire walt will join us from both camps but first check in with campaign carl cameron live from wisconsin where donald trump just wrapped up an event. carl? >> hasn't quite wrapped up yet, megyn. he started late so he is still going. there are a variety of faks in the trump campaign and a lot of management changes as well. over the course of the last three months there's been a lot of professional politicians who have worked in other presidential campaigns in the past and they are a little bit frustrated about the way trump did not prep to their standard for the last debate. and there is discussion about

how to make him better. and essentially what they want to do is make sure there are much more fact-based ans to policy questions that his criticism of hillary clinton isn't repeated over and over and over again and the crowd would predict how he will finish his sentences but say one particular attack and go another one and another one. in essence that he doesn't take the bait any more and let hillary clinton get under his skin. if they can eliminate those problems, they will eliminate a lot of the criticism they've gotten even from some of the republican allies. and mr. trump is not at all happy about that. in fact he put out the word that if there are republicans out there who support him and aren't too thrilled about the way he performed monday night, they could help by just being quiet about it. he had a very busy day. by corruption speech this afternoon in iowa. he repeated that tonight. there's a new theme, follow the money. and haven't we had enough of the clinton scandals? expect to hear that daily. sometimes thrice daily until the

next debate. megyn? >> carl, thank you. joining me from trump tower, trump campaign manager kellyanne conway. great to have you. >> thanks, megyn. >> so as the "new york times" put it, practice. >> so he did practice and deprepare before these debates. i think looking toward the next format and town hall format we will take into account the different logistics and physicalities involved with that particular setting. i think if mr. trump looks back at the first 30 minutes or so of the debate, he will see some real highlights, his ability to sort of joust and jab with hillary clinton over her flip-flopping on tpp over the disastrous results of nafta that she owns an she and her husband owned. and she was really great about that, about jobs going out overseas and jobs going to mexico and china whether americans in search of jobs are

disappointed they are facing everyday unaffordability and facing job -- >> i don't want to get into the whole debate. what about the hour of that? this isn't me saying this, this is you, your advisors saying he needs to adjust before the next debate. they are citing many trump campaign advisors saying, he needs to do things differently because he didn't take advantage of many opportunities to hit her on many vulnerable issues and this is a very tight race, missed opportunities are costly. >> and so if mr. trump is guilty of anything monday night, it was certainly answering the questions as they were asked and then answering them -- >> taking the bait of every attack she weighed for him. >> and answering her -- and also i think he's gotten very little credit, megyn, for gracious he was at the beginning and end of the debate. no one is covering this web said secretary clinton and he looked over and said, should i call you secretary clinton? i want you to be happy, it's very important to me. at the end of the debate, after she tried to rough him up over a

couple comments he made over 25 years or so with respect to women, he said, you know, i came prepared to say some rough stuff but i won't do it because your family is here and your daughter is here. but it is not you are running hundreds of millions of dollars in negative ads against me and he has a point. >> come on. it's not nice? they are running for president. of course she will hit him with negative ads. >> then the ads should be true. >> the ads she is running about him when it comes to his comments about women use his words. >> okay but megyn, why is she spending all this money and not talking about her vision for post obama care? >> you know that better than anybody, hit your opponent and try to disqualify him or her and sell your own vision. he should hit her right back? should he not? there goes my bracelet. >> come back, bracelet. so for the debate prep moving forward, he will continue to prepare, we'll be ready for town

hall format and i do want to say that also should recognize that hillary clinton practice end hillary clinton was ready with canned lines she made shoe she would get out and she did. she sublg succeeded in doing that. >> clearly with the one at end where she rehearsed and was ready with it. >> and clearly what mr. trump will do and even if not raised by the moderator, he can talk about benghazi. there were heroes and survivors. >> monday night or whatever night that was, they were talking about national securing and securing the nation's future. he is not a seasoned politician. he hasn't done the one on one debates like she has, over 15. those rookie mistakes and going one on one are understandable and forgivable. but disappointing to his supp t supporters that he didn't go for

the jugular. and you talk about his comments over 25 years, you know that's not true. he repeatedly made comments about wenl their looks, size, weight, even in this campaign talking about carly fiorina's face, criticizing hillary clinton and her look. and kelly ann, this is an issue for him, is it not? >> but is that the campaign hillary clinton is running on? the answer is yes. do we deserve for this woman to say whether she thinks obama care is a disaster or snn whether she thinks it should be repealed and replaced? will she be held for an account of an active investigation. five staffers including former chief of staff and current lawyer taking the fifth. pleading immunity over an active investigation. >> trump raised that monday. >> well, de. >> my point, the reason i'm

asking that question is because you suggest it was out of line for that issue a to come up. >> no, i didn't say that. i'm wondering why she is spending tens of millions in negative ads and never putting together a positive -- >> because she is killing him with women and she sees an advantage there and she is trying to exploit it. and my question to you is if he needs to have a better answer than telling fox and friend she gained a bunch of weight when she was miss universe and she was a real problem. >> now we are talking different things. he should speak to america's women based on the issues about which they care, prosperity and security and talk about obama care and education and he should talk about the lies that hillary clinton told over many different decade and should also, i think he should brag more about the thousands of women he has employed at the trump corporation over decades. and the high positions they have. they've been promoted, well compensated. he has a great child care plan that no republican ever touched before. i guess it didn't poll well. >> he's got you. >> people in this country

struggling -- well, no, it's him. >> no, i'm saying, he's got you. even hillary clinton doesn't have a female campaign manager. >> which is fine and he does. i appreciate that. when he promoted me to this position he never mentioned my gender. it wasn't like, oh gee, let's get a women to help with women. >> that's the interesting thing about him kelly ann, is he does insult women a lot. he insults men a lot. but by all kwhets it comes to hiring and promotions i haven't heard one person say he lets gender interfere with his promotions or pay or anything like that. >> so it would be great for him to mention that in the next debate. it is relevant. hillary clinton hasn't created jobs like that. hasn't built successful companies and employed thousands of women and that should matter to america's women. i see the turf on which hillary clinton would like to fight this race. but i'm telling you, that according to the fox news poll and everybody else is polling, women and men in this country want it hear more about

policies. they want to hear more about the future and not the past. a lot of what hillary clinton talked about is the past. she remind people of the past. i think she ahad a good night fr someone who rehearsed. it is impossible she failed the bar exam because she practices and rehearses and crams information into her head. >> you know when you take the bar exam you have to pass. >> i did, i took power. >> i took three. kelly and i were once smart but unhappy lawyers. >> fully recovered lawyers. yes. thank you. >> great to see you. thank you. >> we turn now to another brilliant person. fox news digital politics editor chris dire walt. >> oh, i can't think it would be me then. >> so the truth is, it's all over. these are trump campaign advisors, they aren't trying to make their candidate look bad, you tell me why they are talking

to the "new york times" and say he is changing his strategy. because they don't want to be blamed for what they heard? >> well, kelly ann appealing to the electorate and her boss and when mr. trump watches the first 30 minutes of the debate when he was disciplined he would like when a saw when he watches the end he was gracious and he will like that. i think there is a public effort here in the pages of the new york times on your television program and in other places to get mr. trump to listen from his people that his people have to go maybe public to make their case because what happens often times in these campaigns and we see it, whoever talks to the candidate last, who was ever on the plane last with the candidate, whoever has his ear at the moment, is the guy who has the sway. so you have to fight sometimes to get in that space and after a debate like that there's going to be blaming. there's going to be this, that and the other. >> already? it does strike me as disloyal for the aides in there preparing him to run to the no, times and

say he wouldn't prepare. i tried to get -- it's like, why don't you shut up and if you want it blame somebody if he loses, we're used to that act. but why don't you just -- i heard today trump said top telling people that i lost. good move, right? he should have done that. why are they talking to "the new york times"? >> he should have said, he shouldn't have said he lost but they should have, just as kelly ann did, so hillary clinton add good night but because she is evil and she should have passed the war and da da da da da. then you say, moving on to the next thing. don't wallow in the defeat. you move on. >> last thing, do you believe we will see a different trump now? will we see the let trump be trump version of trump? or the presidential trump version? >> if he comes in with two blow torches and a jetpack into st. louis and washington university and rains godzilla fire on hillary clinton, i would not be the least bit surprised. probably be a mistake. but i think he is mad and i think he wants to hit her pretty

hard. >> here to cover it if it happens. great to see you, chris. >> you bet. >> the congressional oversight committee today went after the fbi and how. over one of those immunity deals you just heard kelly ann mention that was given to one of hillary clinton's top staffers. oh, it was much more broad than we knew. and things got pretty ugly with the fbi. congressman jason chafis is here to reveal what they learned. unseen moment from my interview last night with the former miss universe, ms. machado. and what she said when i pressed her for the second time with her allegations against mr. trump. and mr. trump is talking about his most risky campaign strategy yet. we will talk about whether bill clinton's strategy is about to take flight and what it means for both candidates. >> you want to know the truth? i was going to say something extremely rough to hillary, to

her family and i said to myself, i can't do it. i just can't do ♪ like a human fingerprint, no two whale flukes are the same. because your needs are unique, pacific life has been delivering flexible retirement and life insurance solutions for more than 145 years. ask a financial advisor how you can tailor solutions from pacific life to help you reach your financial goals.

whenpneumococcal pneumonia, it was huge for everybody. she just started to decline rapidly. i was rushed to the hospital. my symptoms were devastating. the doctor said, "pam! if you'd waited two more days, you would've died." pneumococcal pneumonia almost took me from them. if i had known that a vaccine could have helped prevent this, i would have asked my doctor about it.

41 days. less than six weeks now to election day.

and questions now about whether donald trump is about to go to a very controversy place. specifically whether and when he will bring up former president bill clinton's extra marital affairs. and though trump and his team have been patting themselves on the back for managing to avoid that issue during the first debate everything he has said since then suggests it is not a matter of if he will use this line of attack but when. trace gallagher is live in the west coast newsroom with this story. trace? >> in an effort to remind the world he is too classy to bring up bill clinton's affairs, donald trump has brought up bill clinton's affairs. eric trump says it was more than restraint, his father showed courage. newt gingrich said he thought the best single moment of the debate was trump's decision not to go after the's affair and raudy giuliani said if he were on the stage he would have

pointed out that hillary clinton didn't just stand with her husband while he embarrassed the country but she attacked monica lewinski. trying to paint her as an insane young woman when in fact she was an intern. the women who made the quote not attractive losers and saying bill clinton should have taken the fifth. here's trump in 2008 will on cnn comparing bill clinton to george w. bush. watch. >> he lied. he got us into the war with lies. and i mean, look at the trouble bill clinton got into with something that was totally unimportant and they tried to impeach him which was nonsense and yet bush got us into this horrible war with lies, by lying. >> now trump says the only reason he didn't bring up the affairs during monday's debate is because chelsea clinton was

in the audience but chelsea always calls this a distraction from trump's inability to talk about the issues and said her family has been attacked for years. in response to chelsea clinton's comments juanita broad rick who claims bill clinton raped her in the 19. 0s tweeted quote chelsea you said you don't remember a time in your life when your parents weren't being attacked. there is a good reason for this. your parent are not good people. your father was and probably still is a sexual predator. your mother has always lied and cov covered up for him. so trump may not talk about the affairs in the next debate but it is likely he will talk about them until then. megyn. >> your election, 2016, america. trace, thank you. joining me now, a trump supporter and attorney and melissa ma

melissa mark-vivarito. let me start with you. contrast that donald trump who said bill clinton's affairs, no big deal. unimportant. it was nonsense. that the attacks on him attempt to impeach him and so on. versus today with, i could have hit him. i could have hit her on his -- you know, how do you square the two? >> well, the issue about monica lewinski was relatively minor compared to the prelewinski allegations juanita broadrick, colleen jones. those allegations go from sexual harassment to rape. and not so much what bill did now, what hillary did. she established war room to deal with the women who she said were engaging in a bimbo attack or bimbo asalt, something to that effect, a bimbo election. she tried to destroy women who made these type of allegations against her husband. not because they were

allegations that weren't credible but because it was politically expedient. look at her website, she said, all women who make these type of allegations should be believed and as soon as she found out that got up there she deleted it. it is hypocrisy, consistencycon. >> madam speaker? >> excuse me while i yawn. this is tired. the debate the other night demonstrated the vision and understanding -- >> wait a minute. can you just respond on point? we're trying to get to the bottom of whether this will go down and how that goes down. >> that's decision for the trumt. campaign it make. >> you know they will come after her. saying it was your team that referred to these, said you drag the $50 through the trailer park and who knows what you find. they call these women quote bimbos. bimbo eruptions. and they put it on hillary too. she went after them as well. >> this is reflective of the

strategies that the trump campaign will do. it is deviating and trying to -- >> how is it not fair game if she goes after him on women if not going after her on her treatment of women and bill's fairs. >> i don't this is the way to deal with this issue. meaning we have to focus on the vision and future of this country. >> of course, miss speaker. she is hitting him relentlessly through ads and presidential debate stage. she was very sure to get it in on his treatment of women and comments he made about women. why is it not perfectly fair game for him to turn around and say, got gotcha. you too did some things, madam secretary. >> hillary clinton has been attacked for more than 30 years. this issue has been discussed and debated. >> see, that's a dodge. >> that is not a dodge. >> she is ripping donald trump for what he said about a beauty queen 20 years ago.

she calls rape accusations, some that have a lot of credibility, bimbo eruptions and saying women should be believed when it comes to sexual assault, find out it is on there and deletes it and you say that is not a -- >> excuse me, let me ask you, david. trump has vulnerability because he has had extra marital affairs. in prior marriages. which have been made very, very public in the papers. so there is risk to him in going after bill clinton as an adulterer and hillary clinton and woman who would obviously be displaced to find that out. >> when you talk about extra marital affairs, versus sexual harassment, rape and his hinch woman to take care of them and establish a war room too silence the women. no comparison on this planet between those two. she's got big trouble. >> this is the typical strategy of the trump campaign. he cannot answer or provide a vision for the future of this country.

>> so madam speaker, does it matter at all with hillary clinton add history of referring to these women as bimbos? >> i believe this has been discussed before. >> that's not an answer. that's not an answer. you're dodging. do you care as the speaker of the new york city council whether our next president potentially refers to women as bimbos? whether it is donald trump or hillary clinton? because a lot of democrats really care when trump was using that term. do they care if hillary used it? >> these are terms that are being used in the present. i'm concerned about what we have the vision, we have for the future. the debate the other day demonstrated that donald trump was bumbling and was demonstrating what a fool he is -- >> the women at home understand that is a dodge. if it is bad for him, it's bad for her too. and she's going to have to deal with it if he chooses to bring it up. >> that's exactly the right -- that's exactly the right

question to ask. let it be dealt with. i'm interested in seeing and i believe hillary clinton has demonstrated she is better suited to lead this nation -- >> she can make that case. but she's not going to be able to avoid that direct accusation after the things she hurled at him. good to see you both. >> thank you. >> thank you, megyn. >> something bad happened -- my bracelet, it came off and look what happened. it might not be the most expensive jewelry. possible it's costume. so james is going to help me out. he's got the elmer's and you can just see if we manage to get that fixed before the end of the show. in the meantime -- oh, is this our plan? we're in a lot of trouble. the magic stick. he has a rabbit some place here too. coming up, exclusive interview with the chairman of the oversight committee on what happened today when he grilled fbi director james comey about the controversial deal the feds offered to one of hillary

clinton's closest aides and her personal lawyer. plus, unseen moments from our interview last night with former miss universe about her accusations against mr. trump. dana perino is here next on dana perino is here next on

upgrade your phone system and learn how you could save at vonage.com/business

of fox news, it's "the kelly file," with megyn kelly. >> fall out from our interview with the former miss universe about her past with donald trump. alicia machado was crowned at donald trump's pageant more than 20 years ago and then ran into trouble with trump when she gained some weight after winning the crown. she said she was traumatized after he called her quote miss piggy and miss housekeeping. she is a latina. the suggestion was that that was a reference to her latina heritage. i asked her about that last night. >> was there anybody around when he allegedly called you miss piggy or in particular miss housekeeping which doesn't have a connotation about weight, it speaks to racism, if it was said. >> well, he did it all the time. deit all the time. he did it on the office. or in some events. and of course, it was maybe

where maybe people from the company in a few occasions was alone between him and me. >> joining me now, cohost of the five and former white house secretary of george w. bush. dana p dana. >> trump is on camera many times saying she would eat the whole gymnasium. she loves to eat. she would eat anything you put in front of her. i don't know if he used those specific terms hillary accused him of and miss universe did but you tell me whether this is good or bad and here we are on wednesday and the country is still talking about it. >> i would say it is not good. not good for the country, not good for the campaign, not good for the confidence of the system. people are already saying they feel unenthusiastic about their choices. they don't like either candidate. this can't help. but it is high stakes. i think what hillary clinton did

when she said that monday night toward the end of the debate i mean saying to stierwalt sitting next to me, they are laying a trap. there is going to be something there. and he had warning, this was going to come. you can't plan for everything in your life that you've said, but this is not -- dealing with how has treated women in the past should not have come as a surprise in the campaign. >> no, it should not have. i'll give you exhibit a and the reason in our case for the reason why donald trump should not have been surprised. but the women she issue was going to come at him. you've called women you don't like fat pigs, dogs slobs and disgusting animals. >> only rosie o'donnell. >> no, it wasn't. >> your twitter account -- [ cheers and applause ] >> thank you.

>> for the record, it was well beyond rosie o'donnell. >> yes, i'm sure it was. >> you're man who called women pig webs pigs, dogs and slobs. someone who said tough things to me, i said tough thing to her. and i'm sure nobody feels sorry for her. >> i tried to warn you. >> 13 months to prepare. >> very clear that was going to come. >> so why was his answer who? where did you get that from? he's got to have an answer ready on this issue. >> he should have an answer ready for it. he didn't. and his instinct was not even to say, i remember her, i remember her fondly, and you know, being the head of the miss universe pageant is very different from being commander-in-chief and moving on. bring it back around to something else. but instead he started to down a road that -- >> to suggest he hadn't said it which led to her being paraded out to all the shows. >> but the hillary clinton team laid a trap.

>> this woman had an interview with cosmo in the bank. all printed up and beautiful and long and worked on for several days yesterday. so they knew this was coming. >> right. i call her the swift vote veterans for truth of 2016. a surprise. something that had happened in john kerry's life from a long time ago. they felt it in the senate campaign that he had dealt with that. he had generals who said he absolutely deserved the medals. then 15, 20 years later, algags come up again and they are like wait, we dealt with this 20 years ago, why doesn't anyone care? it mattered then. huge high stakes. she is narrow casting as well. not just women she is talking to but also latina women in particular. >> and even tonight as trump campaign wants to move beyond this, newt gingrich is out there bringing it up again saying you can't gain a bunch of weight when you become miss universe. >> stop talking about women's weight all together. stop. >> if you want to increase your numbers with women, just stop telling us how fat we are. as it turns out, doesn't make us

feel very good. especially when you have been classified as overweight. even if you're perfectly fit, especially if you're perfectly fit we don't want to hear it. >> we definitely don't want to hear it. >> all right, that all. period, end of report. thank you. >>. does this dress make my butt look big? what? you can't see my butt. we have eye-opening new details tonight. on the police shooting in charlotte. the one that led to riots and protests we have been watching the past couple weeks. details you're not seeing elsewhere. those are just ahead. plus a fierce new fight on capital hill over how the fbi handled the clinton e-mail investigation. jason chafis is in the middle of this and joins us next with an incredible update. >> can you call us wrong but don't call us weasels. we are not weasels. we are not weasels. we are honest people andwhen a s romantic, why pause to take a pill?

or stop to find a bathroom? cialis for daily use is approved to treat both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, or adempas for pulmonary hypertension, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or any symptoms of an allergic reaction, stop taking cialis and get medical help right away. ask your doctor about cialis and a $200 savings card.

seconds can mean the difference stop taking cialis and get medical help right away. between life and death. for partners in health, time is life. we have 18,000 people around the world. the microsoft cloud helps our entire staff stay connected

and work together in real time to help those that need it. the ability to collaborate changes how we work. what we do together changes how we live. here's the plan. you want a family and a career, but most of the time you feel like you're trying to wrangle a hurricane. the rest of the time, they're asleep. then one day, hr schedules a meeting with you out of the blue. and it's the worst 19 minutes of your career. but you don't sweat it because you and your advisor have prepared for this. and when the best offer means you're moving to the middle of nowhere, the boys say they hate the idea. but you pretend it's not so bad. and years later at thanksgiving, when one of them says what he's thankful for most, is this house, you realize you didn't plan for any of this you wouldn't have done it any other way. with the right financial partner, progress is possible.

nearly three months since the fbi said it wouldn't prosecute hillary clinton over her use of a private e-mail server. tonight that was the subject of an intense grilling on capitol hill. as james comey passionately defended his bureau's decision. we will hear from jason chaffetz who has been leading the charge to reopen the case. katherine? >> thaechk pup republican lawmakers claiming that at least two people working for clinton lied or misled the fbi and still kept their immunity deals. i.t. special paul combeda was singled out. he destroyed the archive knowing there was a congressional order to preserve record. it was alleged that he tried to destroy the on-line requests for help wiping a very vip e-mail address that turned out to be

clinton's. >> then the clencher, the clencher, just last week, he is going on-line and trying to delete these posts. trying to cover up his tracks. trying to cover up the cover-up. >> and saying based on the fbi's own records he was doing the bid willing of clinton i.t. specialist who set up the server and cheryl mills, clinton's personal attorney and also got a deal from the justice department. though the fbi disagreed. there was a charge that mills misled the fbi and saying she didn't know about it until after they left in 2013. mills wrote this to a clinton aide asking if the server was up and running was clinton is back from a trip. >> we know nobody would be talking about it if one weren't, if hillary clinton were a presidential candidate. this is pure political maneuvering.

>> privately a senior democrat told fox he is worried about the destruction of records because that has legs past november. megyn? >> katherine, thanks. joining me now in a kelly file exclusive, congressman jason chaffetz, chairman overoversight and reform. let's zero in on cheryl mills. hillary's top aide and lawyer. she was given a much broader immunity deal than you knew. tell us about it. >> well she not only got immunity from the handling or mishandling classified information but also obstruction. so nearly a year after the fbi initially seized the computer and thumb drives from the law offices, almost a year later, suddenly cheryl mills gets an immunity deal that protect her against obstruction and mishandling classified information. >> one of the things she claims as katherine just outlined was i didn't even know about the server until 2013. but now this e-mail surfaces

from 2010 talking about how, is the server up and running. who did she lie to? to you? to the fbi? >> i think she lied to everybody. to the fbi, i'm the one that brought that up to director comey and i said, how is it that the fbi report concludes that she did not know about it until after it became public when back in 2010 she was sending an e-mail to mr. cooper. now cooper work for the clinton foundation or bill clinton. he does not work for the state department. so when there's a problem with her e-mail, what does he do? she sends an e-mail to this person asking, is the server okay? and the person, mr. cooper writes back and said, oh, you're funny, you're on the same server. come on, there's direct evidence. >> how did he say that? how dejustify the fbi's conclusion that she didn't -- >> he doesn't tp makes no sense with cheryl mills. not only is she a witness. not only does she have to get an

immunity deal but she is also hillary clinton's attorney and she is allowed to sit in on the interview. >> so what is the take away. to the american person sitting at home, why do they care about cheryl mills and possible deception and so on? >> because we are worried that lady justice has a different blindfold in place when it deals with the clintons. we issued a subpoena on september 15 of this year and these documents that were on read it were destroyed four days later. i want the fbi to look at that. i want hillary clinton, if this was just a mistake, why is it that everybody is pleading the fifth and having to get immunity deals. i want hillary clinton it look in the camera and tell people there's immunity, they're not going to prosecute. tell congress and tell the american people the truth. right now we can't get to that truth. >> we will continue to follow it. thank you, sir. new developments about the shooting last week in charlotte. apparently multiple restraining orders filed by his wife.

mike furman is next on that. plus new videos released by the police and how they might perfect the conceptions of the case. then look, they are working, toiling away. oh, there's tape and honey. i don't -- honey? i want a drill. oh, give that back. oh, give that back. we'll be right back.m lucky to h a shift without a disaster. my bargain detergent couldn't keep up. so, i switched to tide pods. they're super concentrated, so i get a better clean. tide. number one rated. it's got to be tide very gently release the clutch. -okay that was too fast. so is managing your credit. get experian creditworks basic for free today and you can start getting better. you'll get access to your experian credit report

and customer service experts to help answer your questions. so you can learn to be better. good job. start building your credit skills today for free. visit experian.com/free right now. experian®. be better at credit. marcopolo! marco...! polo! marco...! polo! marco...! polo! marco...! sì? polo! marco...! polo! scusa? ma io sono marco polo, ma... marco...! playing "marco polo" with marco polo? surprising. ragazzini, io sono marco polo. sì, sono qui... what's not surprising? how much money amanda and keith saved by switching to geico. ahhh... polo. marco...! polo! fifteen minutes could save you fifteen percent or more. polo!

major developments in a police-involved shooting in charlotte that became a national story last week when riots rocked the city. we're now learning that keith scott allegedly threatened to kill his wife and family less than a year before his confrontation with police which ended in scott being shot and killed. things were evidently so bad last year's incident marked the second time that his wife was forced to take out a restraining order. trace gallagher live in our west coast newsroom with the update. trace? >> megyn, court documents from october of last year, keith scott's wife said her husband worked as a security guard at a local mall and carried a 9 millimeter handgun. she claims not only did his husband threaten to kill his family with his gun but referred to himself at "killer." she said she asked for the restraining order because her husband hit their 8-year-old son in the head and kicked her.

days later the wife asked to cancel the restraining order saying her husband was no longer a threat. scott claims her husband wasn't armed at the time he was shot and killed by police. investigators say he was. and now take a look at two new videos. first a body cam video, of one of the responding officers. there's no sound but you can see keith scott standing by his suv. his right arm, you will see right here, is by his side but again you cannot make out a gun. four second later, he was shot and killed by officers who then moved in asking for handcuffs and medical equipment. and now look at dash cam video. you can see one officer behind a vehicle. you cannot see at least two other officers including brently vincent who fired the shots. but you can hear them shouting for keith scott to drop the weapon. scott then gets out of his suv, hand by his side, again you can't make out a gun.

you see as he walks backward. you hear the four shots. and then there's this picture. taken by a witness, shows a gun near the feet of keith scott's body. and police say they found a weapon with scott's fingerprints. keith scott, we should note, also had a criminal record including 2005 conviction for aggravated assault with deadly weapon in texas. he was sentenced to seven years in prison. >> trace, thank you. joining me now, fox news contributor and lapd police detective mike furman and former prosecutor, mike aiglar. wow, a lot to unpack there. mark, let me start with you. this guy threatened his wife and kid. she had to take out two restraining orders. he called himself "killer." convicted for aggravated assault with a deadly weapon. the city of charlotte was in full protest, you know, and the wife saying he didn't have a gun, only a book. now we hear there is a lot more to the story. >> well megyn, you're right.

and this man probably legally wasn't supposed to have a firearm. no wonder he bought it from a burglar. now we know that burglar that took that weapon from a home told police that he sold this weapon to the suspect in this case. and it's interesting that now this suspect owns that weapon. that is his. not only the attitude to carry a weapon, the attitude to use a weapon but he went out of his way to get a weapon and conceal it in an ankle holster. it is his. that was his. and the condition of the weapon when they found it, it was cocked and the thumb safety was in the down. that was ready to fire. it would be very interesting if that is a photo of the exact condition when the suspect fell if that is the condition of the weapon it was in. >> and it was we're told, loaded. mark, on the other hand, you see police video. keith scott's arms are at his side.

his hands appear to be down and his arms appear to be down when he gets shot. some law enforcement say it doesn't matter. you don't listen to the cops, you get out of the car holding a gun, even if your arms are down, you are taking your life in your own hands. what say you? >> all that's true. and mark might be -- >> this is a unique scenario where a family member claims she saw not a gun in hi hand. now believability and accuracy are two different things but she believes it. so the family eagerly waits the video and oh, gosh it doesn't show a gun in his hand. and so they are told by law enforcement, there is a gun. here is a photo. but it doesn't appear in the video. if anyone out there ever lost a family member they would want more. and in this case the family just wants answers and greater transparency. that's the problem. >> mark fuhrman, is it within policy to shoot a guy who get out of the car and has his arms a down at his sides and is

holding a gun? >> megyn, any camera footage we have isn't the most reliable information. the lens is a static device. it is recording not what it focuses in on danger, it is just videoing -- filming exactly what it sees. easy for me to say. so when an officer comes on the scene and he is in that state of fear already seeing a weapon, he is focussing on the hand. hands is what -- that's what kills you and that's what they are focusing on is the hands. >> here is the problem. they did not release the entire video. they selected three minutes and the family says, what are you hiding? what else is on there? maybe nothing. but let everybody see the entire video. >> great to see you both. we'll be right back. ndent study ndent study by rootmetrics, again,

verizon is the number one network. hi, i'm jamie foxx for sprint. and i'm jamie foxx for t-mobile. (both) and we're just as good. really? only verizon was ranked number one nationally in data, reliability, text and call and speed. yeah. and you're gonna fist pump to that? get out of my sight. (announcer vo) unlimited isn't a good deal if it's on a cutrate network. switch now and get our best deal. 20 gigs and four lines for only 160. all on america's best network. just checking my free credit score at credit karma.

what the??? you're welcome. i just helped you dodge a bullet. but i was just checking my... shhh... don't you know that checking your credit score lowers it! just be cool. actually, checking your credit score with credit karma doesn't affect it at all. are you sure? positive. so i guess i can just check my credit score then? oooh "check out credit karma today. credit karma. give yourself some credit." sorry about that.

i've never been #1 in anything until i put these babies on. now we're on a winning streak and i'm never taking them off. do i know where i'm going? absolutely. we're going to the playoffs. allstate guarantees your rates won't go up just because of an accident. starting the day you sign up. so get accident forgiveness from allstate. and be better protected from mayhem, like me. it's good to be in, good hands.

they're still hard at work. there's honey, a drill, a bucket that sets fire. success? thank you so much! and you know what? you saved me the 2 bucks it would have cost to replace this. you're a good man. all of you. thank you. tonight -- >> an amazing day. that will be where we take the white house back. >> donald trump campaigns in key swing states. newt gingrich is here tonight with reaction. and fbi director james comey issues a chilling warning. >> there will be a terrorist diaspra sometime in the next two to five years like we've never seen before. >> when will liberals wake up to the islamic threat? dr. gorqa is here it react. >> without mainstream media, she wouldn't even be here. she wouldn't be here. she wouldn't have a chance.