announce anything. i'll be there live and that's what we'll do tomorrow. thanks for watching. i'm bill o'reilly. please always remember that the spin stops here because we are definite definitely looking out for you. breaking to night, democrats on the attack targeting dr. ben carson, the president-elect's newest pick. welcome to "the kelly file." i'm megyn kelly, reporting tonight from washington, d.c. where in less than six weeks we'll see the inauguration of president-elect donald trump. earlier today mr. trump announced that he had selected one-time rival turned surrogate dr. ben carson to head up the department of housing of urban development. he's been widely praised for pulling himself out of poverty to become one of the most successful neurosurgeons. but those on the left went so far as to label him disturbingly

and woefully unqualified. in moments we'll get reaction from governor mike huckabee but we begin with peter doocy reporting from trump tower in new york city. peter? >> reporter: and megyn, the president-elect has an urban renewal agenda that we hanwants. ben carson to help make happen. mr. trump says dr. carson is a tough competitor who never gives up. the one-time republican presidential candidate did say recently he picked up a lot living in the inner city as a child and he doesn't think any job is going to be as complex as neurosurgery so he thinks he should be able to learn the finer points of any position if confirmed. but the top democrat in the senate is not convinced. senator chuck schumer said i have serious concerns about dr. carson's lack of expertise and

speerns in dealing with houses issues. nancy polocy said there's no evidence that dr. carson brings the necessary credentials to hold a position with such immense responsibilities and impact on families across america. and then the council, cair said dr. carson's views on islam, american muslims and the world are dangerously ill-informed and could negatively impact any government agency he leads. dr. ben carson has been quiet on this but saying that he is proud to serve his country. >> joining us now, mo lee fi, the founding executive director and fox news contribute are mike huckab huckabee. so the question is whether ben carson can with stand the

attacks. isn't he exactly what we point to as the smartest person in me room, brain surgeon. other than rocket scientist, that's what you say, he's no brain surgeon but he can't run hud? >> well, you know, look. i have respect for ben carson's skill in an operating room. but, look, i think it's a curious choice and i do think there are legitimate concerns he's going to have to answer in his confirmation hearings and lucky for him he'll have that opportunity. he's never done anything with housing policy, urban development policy and he's never run a major organization. >> you don't think he's smart enough to learn? >> i'm not saying that maybe he's not. but i do think it's a curious choice. typically president-elects, and they're entitled to pick whom ever they want. >> donald trump has never been in office before, never run a government before or held any public office. >> and the jury is still out.

>> yet he can be the president. >> and the jury is out on how he'll do. but what he said when he was pressed in the campaign is that he was going to sur rouround hif by experts in the field. i'm not sure that ben carson is an expert in this field. maybe surgeon general. >> why can't ben carson surround himself at hud with people who understand housing urban and development and bring deficies and he'll process the information saying you're doing it all wrong, here's the new way of looking at it or here's how i see it. >> he's going to have the opportunity to make that case in his confirmation hearings. typically you put people in with basic issue area of the major federal agency -- >> how has that been working for us. all of these people who backed donald trump, they want him to bust up the system.

they don't like to look to the past as the example of how the future needs to be and i venture to see they love to see somebody like ben carson go in and take an agency, be it hud, whatever it is, and just bring new p perspectives to it so we don't get the same results. >> this is the million dollar question of the trump preside y presidency. the voters who put him in the office wanted to roll a grenade in the room and blow up the system. we don't know what it's going to look like on the back end. putting people in who know something about the subject matter with donald trump's perspective might give the people that they want. but when you're putting people in who have no knowledge of the policies they're about to implement and the amount of money that the federal government spends on these policies, then the questions need to be asked. >> governor huckabee, nancy pelosi says dr. ben carson is a

disturbingly poor choice. >> why didn't she say that about donald trump when he was elected. he had never owned anything significa significant, run a business, a lackluster career and a limited career as a legislator. all of these things would have applied. what is a brain surgeon. he's a person that goes into one of the most complex systems on the planet and he solves a problem by taking a look at incredibly complex situations and figuring out how to make them work. >> under enormous pressure. >> well under enormous pressure and somebody can live or die depending on the slightest move of his hand. the thought that ben carson is somehow not capable or qualified is an insult to the intellect of every neurosurgeon on god's greend earth. >> were we told when barack

obama was elected and he was unqualified. that's a racist statement to say that our first black president is unqualified to hold the office. now dr. ben carson, one of the most renowned pediatric surgeons in the world he's too stupid to learn to run an organization that has 8,000 people? are those same people going to say that's a racist statement? >> for years when people disagreed with barack obama on a policy question, they were called a racist. we've all been called racists because we raised questions about obama's judgment and policies. what is different and why wouldn't that same standard be applied when somebody like chuck shoe mar or nancy pelosi attack ben carson who, by the way, spoke very eloquently during the campaign about how to make an urban america a very different

and safe place. this is not a man wh's failed to think about these issues. and he grew up with a mother who worked three jobs to keep him off of government assistance. i think we ought to say that not only has he been smart enough to become a neurosurgeon, but his own personal experience of growing up in dire poverty is a great platform to go to hud and to say, what is the problem we're trying to solve. not just do i know something about what the government has been doing for 40 years because frankly what the government has been doing for 40 years hasn't worked. so maybe it's time to bring somebody on with a fresh set of eyes, a fresh set of hand and in this case, somebody who has been kbichb almost every accolade and award, including major awards from the naacp and a hero to the whole country until he decided to run for president as a conservative republican. >> he came out and said a while

ago, i'm not interested in getting rid of any safety net, i'm interested in getting rid of dependency. that's an attitude he'll bring with him to any government post in which he may or may not be confirmed. thank you for being here. breaking tonight, big news in the case of an officer involved shooting in south carolina. and this was a big one that got a lot of attention. a mistrial has now been declared many the prosecution of former charleston, south carolina police officer michael flager. now flager was charged with murder, murder, following the caught on camera shooting death of walter scott in april of last year. this was a bad one where even people who normally defend the cops had come out and condemned this officer's behavior on camera. but now there's been a mistrial. the judge announcing the outcome earlier today. >> i see the note that we the jury regret to inform the court that despite the best efforts of

all members we are unable to come to a unanimous decision in the case of the state versus michael flager. is that correct, mr. forenman? >> yes, sir. >> the court must declare a mistrial in this case. >> trace gallagher has more from hawaii where he's on assignment tonight. trace? >> reporter: megyn, the jury was made up of seven men and five women, only one of whom was black. on friday they sent the judge a note saying that all but one of them was in favor of convicting. today they sent another note saying that most of them were undecided. it was in april of 2015 when walter scott was pulled over for a broken taillight. he fled the scene and officer michael flager says that he chased him, they wrestled and that scott grabbed hold of his taser and tried to point it at him. that's when he says he feared

for his life and did what his training taught him to do which was open fire. but then cell phone video surfaced seconds before the shooting that it looked like walter scott was several feet away from the officer. experts say at the time it looked like scott was at least 17 feet away. and prosecutors allege that flager tried to stage the scene by placing the stun gun next to scott's body to make it look justified. he was fired shortly after the cell phone video went viral. he was then charged with murder. he was asked on the stand if he thought walter scott was running away and unarmed at the time. no at the time i would say no but after looking at the video, i would say yes. the scott family says this is far from over. listen. >> the fight isn't over. that was round one. we've got two more rounds to do. the solicitor is trying the case

again as soon as she can. the doj is trying this case as soon as they can. he may have delayed justice but he did not escape it. >> reporter: governor nikki haley confirmed that saying this would be tried again. and the chair of the south carolina republican party called this a travesty of justice. megyn. >> trace, thank you. while the jurors were unable to reach a verdict, this case is far from over. here to explain what comes next is judge napolitano. this is one of those cases, we've had plenty of police defenders on "the kelly file." but even the most vocal ones looked at this and said that i cannot defend. it looked terrible on the tape. a lot of people were shocked to see a mistrial. originally one juror who could not vote guilty.

but there are conflicting reports on that. saying as of friday there were several undecided on guilt or innocence. what does it tell us? >> it tells us that the judge might not have done his job as good as he should. i have been critical of the judge. you don't accept a note or a verbal statement from the forepers foreperson. you interrogate each juror to find out what the confusion is. how could jurors reject the obvious. is there a defect in thinking, is this an ulterior motive, prejudice, favor, is there something going on with one juror which would indicate, if so, that that juror should be replaced and the 11 that remain and the new juror taking the place of the one whose thinking is defective could deliberate in a new.

especially in a case very high profile, the government's use of force is obvious, the evidence of kbilt guilt is truly overwhe. we've interviewed police defenders who say we can't defend this one. >> we weren't in the courtroom. question for you. it sounds like they're going to retry him. how will it affect his chances second time around, the fact that he's already been tried and achieved a mistrial? >> i think it will be very dilt for him the second time around. if he does take the witness stand in his own defense, they only have to read to the jury what he said in the first trial where he changed his mind on the witness stand. after actually watching the tape that we saw, he admitted this guy was running away from he unarmed when i shot him four times in the back. the government, both the state government which will try him again and the feds who are

waiting to try him when all of the state proceedings are over have a road map to his lies and exaggeratio exaggerations. >> both sides learn a lot first time around and will adjust accordingly the second time around. good to see you. tonight, mr. trump went after the chinese on twitter this weekend and now some are asking if president-elect trump is putting america on course for a new showdown with the communis communists. pete hoekstra and krystal ball are here with that. california makes a move that may put all of the states at odds. actress leah remini says he's been targeted by the church of scientology after he went public with dramatic accusations and he is here live in a kelly file exclusive. >> they're allowed to install cameras and take pictures of private houses? >> it's not illegal.

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developing tonight, the world is watching china to see how the communists will react

after president-elect trump took to twitter over the weekend attacking china for its latest military moves. mr. trump campaigned on the promise to get tough on the chinese and tonight we're hearing suggestions that mr. trump is starting to do just that, beginning with the call he had last week with the leader of taiwan. ed henry joins us live from washington with a story that could get big. >> that's right. critics tried to play this as a clumsy break in diplomatic currency. instead it could be another case of mr. trump's critics underestimating. this was a deliberate move to stand up for democracy in asia while also getting tough on china was rattling the saber against taiwan before the phone call. fox news learning on november 26th, a week before the phone call, china sent two nuclear capable bombers to circle taiwan

for the first time. the president-elect as you noted took to twitter, tweeting, did china ask us if it was okay to devalue their currency making it hard for our companies to compete, heavily tax products coming into their country or to build a massive military complex in the middle of the south china sea? i don't think so. white house spokesman josh earnest warninearn est warns. after mr. trump broke the rules of presidential campaigning he's upending. this one early lesson is to not overreact to every break with the state department protocol.

megyn? >> ed, good to see you. joining us now with more, congressman pete hoekstra. krystal ball is here. what's all of the occur puck l? he's like he had a call with the leader of taiwan, ticked off china. to all of the americans at home sitting there thinking what cares. >> what's the big deal. >> who cares? what's the answer? >> this is a dramatic change in policy from what we have been doing since the '70s. he's coming in, shaking things up which of course he promised to do. but i think what's more troubling here is that it seemed reckless. it came out of the blue. his initial tweets were not to say we intended to do this all along. we know he hasn't been getting

intelligence briefings. and so i think for a lot of americans, the majority of whom by the way didn't vote for donald trump, this plays into their fears that he's uninformed and reckless and putting americans in danger by these sort of provocative moves without thinking it through? >> what about that congressman hoekstra? do we call you congressman? you're not one that maintainsti? >> pete is fine. >> i'm going to go with that. he didn't say hey, we arranged it, i'm poking the bear, i'm good with it. and they are saying -- john kerry said the trump tran sis team has yet to contact the state ahead of the calls with foreign leaders. >> he's doing exactly what the republican platform said at the convention, what he he's said in speeching during the campaign,

what he's twittering, what he's talked about. we've had a failed policy for eight years with china. their cyberattacks dweagainst u. they're building islands in the south china sea and claiming territorial rights. in the one place we really need their help is north korea. >> why poke them over taiwan. why not safe the poke for something we care about? >> this is something they really care about. they care about taiwan and this just says things are going to be different. there is a new sheriff in time and we're going to stand up to you and we're going to demand a change. this is the exact same thing our allies in the region are looking for. i've talked to the japanese, the koreans, they recognize that our policy has failed and we need to come together with a new policy to confront china. >> i think these are will gait mate points. but when you put this in the context of the breezingly

uninformed calls that he's had with the world leaders, including the leader of the fill pena nie philippines, a brutal murdering dictator, it doesn't give us in confidence. it's incredibly dangerous. this is the world super power, not a game of checkers. you have to think through what you're doing -- >> i think he has have a plan. >> when did he talk about the china policy? >> he's talking about we're going to be tufb with china, confronting the issues and we're going to move forward and have a new foreign policy. that's exactly what he's talked about. he's thinking about these steps. >> marc thiessen made the distinction, the left they fawned over president obama's decision to ignore our

diplomatic president over cuba yet slammed trump for doing the same thing with china. i've got to got. good to see you both. so we also have breaking news from the west coast tonight on a move that could establish california as america's first sanctuary state forbidden by state law from cooperating with any federal immigration officials? is that where they're going? both sides are here. plus with congressman keith ellison positioned to take over the dnc and the democrats about to move further left than anytime in further history, one of the key people of hill clinton's team, she doesn't want to talk about that but she's the one who said this is insane what hillary is doing. she joins us on all of this and ellison. complicated cash back cards?

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zbloo breaking tonight, big news out of the west coast where state lawmakers in california have introduced a bill that could effectively make california the first sanctuary state. the bill is expected to pass. governor jerry brown is expected to sign it and the backers had a news conference today to make it

crystal clear why they're doing this. >> california wants no expedited removal without due process, no mass deportations and no more bigoted rhetoric. >> when he lays out a lay on national television, he is confirming our worse fears. >> california celebrates diversity and we won't deport it. >> joining me now, juan hernandez, a latino support are of president-elect donald trump, along with richard fowler, a fox news contributor and is not a supporter of president-elect crump. gre -- donald trump. richard, let's start with this, the politics of it. california is going to go reliably democrat in virtually every presidential election.

and you tell me whether this is a good time to be going further to the left on something like immigration policy when they're trying to bring -- they're trying to appeal to some of these white working class voters who rejected the democrats who have typically voted democrat in past elections. >> this makes sense for california and here's why. if you go back just a couple oval years ago to the affordable care act, hen that was passed, a lot of red states like mississippi rejected the aforable care act because in the state's ability to do that. the federal government controls immigration laws but when you use state resources to implement the laws, law enforcement, state troopers, state courts, state jails, the governor and the state legislature is responsible for that. >> you weren't saying that when jan brewer passed that immigration bill out in arizona. >> i'm not saying it was good or bad. on the politics it makes sense. when jan brewer did it, it

didn't make sense for her. >> juan, you tell me if there's hypocrisy, it's a state's law mat but jan brewer in arizona that passed that testify immigration law, that's different. >> california is going to be losing a lot of the funding if they don't participate. if i was a homeless person, an elderly person living over there, like i would be resentful at what's going to be happening, because if they're going to be getting a lot of funding lost, a lot of federal funding, hundreds of millions of dollars, the cities are going to lose that. i don't think it's right. i think we need to go in there and deport the people that need to be deported. >> you know that some people watching this are thinking, wait a minute, latino trump supporter. i can't get past that. how does that work. how are you a latino and the trump supporter who is not in favor of sanctuary cities in a

sanctuary state. do you want to answer that? >> it's not because -- he's not against mexicans. he's against illegal immigration. and i think we need to keep -- i believe in the border security. we need to take care of the united states first. they can come back the right way. i can't be bias. if it was the same thing in canada, i'd have to support it over there. and so it doesn't have anything to do with just because i amex can. >> donald trump wants to immediately deport 2 to 3 mil n million americans and focus on the criminals that make up the immigrants in the country. is that not a good idea? >> we could deal with the criminals in one station. i think criminals should be deported. now additionally this ideal of deporting 3 million people is not only impossible but it's not popular in its own party.

paul ryan said he wouldn't fund it. jeff flake and lindsey graham are supporting a dreamer act. >> but donald trump got -- >> i hear that. but i think we're putting the cart before the horse. what we've seen from the trump campaign is double talk. first he wanted to build a wall, now he wants fencing in certain places, okay with him. to say that states will lose millions of dollars of federal funding that has not a law that's not been completed yet -- >> i got to go. >> he could flip. >> could still flip. not going. coming up, actress leah remini says he's been targeted by the church of scientology because of her tell-all documentary on the church. she's here live with us tonight to tell us what's happening. congressman keith ellison

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moment of questioning about its identity. you were reelected to lead the democrats in the house. what do you tell democrats who want a new direction? >> well, i don't think people want to a new direction. what we want is a better connection of our message to working families in our country. >> oh, boy. that was house minority member nancy pelosi insisting that the democrats do not need to change course of losing to the republicans last month. they're failing to capture. once more critics are questioning why the democrats are considering congressman

keith ellison to take their party further in what they call the wrong direction. neera tanden is the president of the progressive center for american progress and a former advise tore hillary clinton. thank you for being here. what about that, nancy pelosi, i don't think the people want a new direction. that's a strange statement toe hear giving the fact that the democrats got blown out on november 8th. >> let's remember again that we do have president-elect trump. i totally see that there were tough states that we lost that have been behind a blue wall in the past. the democrats did win 2.6 million voters. having said that, 2.6 million more voters than donald trump. i don't think we need new ideas or direction. nancy pelosi might have been responding to whether we need a new leader in the house for democrats. he just got reelected. but i think the democrats do recognize that one of the reasons why donald trump won is

because people want a change in washington. and now as democrats are outside of -- you know, they're not running congress or running the administration, we have to really speak to that. >> soul searching. because nancy pelosi was challenged by a guy from ohio saying i can keep to these voters. forget you, we want the one that's been here for 30 years. chuck schumer is going to be the leader in the senate. keith ellison, do you think that's going to happen? alan dershowitz said you can't do it. hard to imagine a worse candidate to take over the dnc. >> i worked with keith ellison in the democratic platform. i was a constructive force. a lot of people respect keith and even on some of the issues being raised about israel, people like chuck schumer who have been a friend of israel are

vouching for him. i about this debate about antisemitism at this moment, keith ellison is not goings to be steps away from the oval office. steve bannon is going to be steps away from the oval office. >> he is controversial. but that's done. we talked about that. >> just to be fair, if you were concerned about statements that people are making, the fact that steve bannon who is going to be in the white house was behind a website that trafficked -- >> you're pointing to one controversial thing to defend another controversial thing. this guy keith ellison defended louis farrakhan as not anti-semen anti-semenic. >> that happened 20 years ago. if you want to -- >> a guy that was calling for

blacks to have their own country. keith ellison. >> that was sarcastic. if you want to take comments that people have made, i think we look at people who are going tof governing responsibility. >> he's in your parody. >> he's head of the national he committee, not a governing post. i like keith ellison. >> you defend him. i have got to tell the audience, neera has emerged as the mvp from the wikileaks. she's a person who spoke sense within the clinton cam pan over and over. she described david brock as a -- >> oh my word. i'm going to talk over you. >> saying drawn and quarters, suboptimal. >> i talked a lot about the unfair press hillary received and wikileaks is one of them. >> criticized hillary for using the phrase all lives matter.

and behind the scenes when you didn't think anybody was watching or reading, you kind of sound like bad ass. i'm going to leave it at that. >> my fox news plan. >> you probably have a lot of them. neera, thank you for being here. >> great to be with you. coming up, leah remini decided not only to split with the church of scientology which she was raised in but then to talk all about it in a documentary in a tell-all about the church and she is here next to talk about what happened to her after that. stay tuned.

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well after more than three decades with the church of scientology, leah remini made headlines when she walked away in 2013. now she's going a step further in a teledock ser reeies on a&e >> we got an anonymous letter in our mailbox saying you shouldn't be associating with your neighbor. and i go wait a minute, where are they watching from. so i walked up around the street and i went huh, right there, there's this stupid birdhouse that i've seen a hundred times,

never given a second thought to, so i went and got a ladder, and i walked over there and opened the lid and there's a camera inside the birdhouse pointing at our house. here is the camera. >> they're allowed to install cameras and take pictures of private houses? >> it's not illegal. >> i could come here in the middle of the night -- >> they could say the camera was the watch the front of the house. >> we're talking about a church. that's the [ bleep ] part of it. >> a statement from the church of scientology reads in part, leah remini needs to move on with her life and career and stop blaming the church and others if are her personal and professional setbacks. joining me now, in a kelly file exclusive l exclusive, leah remini. we've seen the church come after anybody who comes after them, including mike render who has

been in this program and featured in this episode. we're brutal and relentless about it. my question is it scary for you to be doing this show and having written a book and so on? >> it's not really scary for me. i'm lucky enough to be in this business and have the support of all of you in the media that i can speak about it. what is scary is that systematically this is an organization, a place supposedly of worship calling itself a church that systematically goes after people who speak out about it. and that is why i wanted to do the show. not so much for myself because i'm not really talking about myself. but i'm finding out more and more things as the show progresses. and it's heartbreaking. it's heartbreaking how this organization continues to attempt to bully its victims and people who are speaking out.

they go after your job, go after your family, they picket in front of you house and they continue to do it and their history has shown that unless it's stopped it's going to continue to go on. >> they deny all of that and they also tend to sue people who --. >> they don't need to deny anything, megyn. you just simply need to google it and you'll find out it's true. if you do fair game -- >> you're not allowed to do that in scientology. it's a rule that you stay off of the internet when it comes to scientology in particular? >> correct. and as someone who is in the church i understand it. you don't actively go after things that you're involved in. you don't actively go looking for people attacking your religious beliefs but that's not really the case here. your religious beliefs dictate and mandate that you hurt people, that is a problem. and so i didn't find these things out unfortunately until i left. and it simply is just looking

for yourself. and i implore people the do that. this is a church that doesn't get penalized for asking questions and for looking. >> you talk about how you were at tom cruise's wedding to katie holmes and you had an incident, an experience there that help you to see the light about scientolo scientology. what was it about your experience there that did that? >> the top clergy was there at the wedding. so a lot of scientologists don't really get to meet top executives of the church very often. i was there and the leader of the church was there, of course, being best friends with tom cruise. and the leader's wife wasn't there who i was friendly with. and i asked innocently tom davis, the former spokesperson of the church of sigh tolg who was later kicked out but still a scientologist, i asked where shelly was and i was told that i

didn't have the fen rank to skp as a parishioner who was promeeting this church, i have a right to ask where a human being is regardless of my raung in nk church. >> do you think this organization ought to be tax exempt as a church? >> i don't believe anybody believes that. even when i was in the church i was hoping that something would be done. but i felt at the time i couldn't leave. i couldn't leave at that time if. if this is truly a bad organization, the irs will step in, the government will step in, the fbi will do something about it and i wasn't happy when we received tax exempt status because i was like, so this is just going to continue. and still i didn't feel like i would leave. if i was to leigh in that moment of time, i would have lost my mother, my stepfather, my

sister, my brother-in-law who were really immersed into it at the time. >> that's the punishment you get. i've got to run we're short on time. tuesday, 10:00 p.m. eastern time, a&e. thank you for being here. we're grateful. >> thank you for having me. >> we'll be right back. start your day with the number one choice of dentists. philips sonicare removes significantly more plaque versus oral-b 7000. experience this amazing feel of clean. innovation and you. philips sonicare. save now when you buy philips sonicare. let's just get a sandwich or something. "or something"? you don't just graduate from medical school, "or something." and we don't just pull smoked chicken, bake fresh foccacia and hand-slice avocado.

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put some smarts in your car. well tonight we're in d.c. as part of our "settle for more" tour, discussing my new memoir with the good folks in the nation's capitol. what a lovely reception. there i am with world anchor catty kay who is amazinamazing. republicans and democrats wi, y, old, men, women. alan wrote to me on twitter, i wrote my daughter to read this book before college. rob wrote in mag magnificent.

it is good if you're looking for a dose of inspiration. hope you'll check it out. "settle for more." thanks for watching. tonight -- >> some people could say you gave a tax break to carrier so they would only send 700 jobs overseas. >> the mainstream media melts down showing how out of touch they are. >> why do we let him more f and distort the truth. >> newt gingrich is here to respond. and cnn continues their unprecedented bias towards donald trump. >> he kind of dised hillary clinton, the cloud chanted lock her up. thedo a