we're going to tell you why it's happening. again, thanks for watching us tonight. i am bill o'reilly. please remember, the spin stops here. we are definitely looking out for you. >> megyn: breaking tonight, with just over two weeks until president-elect donald trump is sworn in and before he takes in a single act of president, democrats are mobilizing to block delay and obstruct his agenda. welcome to the "the kelly file" everybody, i am megyn kelly. convening for the first time. and after mr. trump's inauguration, the republicans will control the white house and congress since 2007. for their part, democrats are trying tohi ensure that this new unified government gets off to a slow start. as thatme party senate leadershp reportedly now planning on holding up the confirmation

process for at least eight, eight, top major cabinet post. their goal, to drag out a process that normally takes weeks into months, a move that the washington post calls unprecedented. chuck schumer taking to the senate board, offering this morning to the president-elect. watch. >> there are those that suggest our baseline posture should be able to work with the president-elect and having passed his own agenda. but mr. president, it is not our job to be a rubber stamp. it's our job to do what is best for the american people, president-elect rand is a change agent. since the election, he seems to have forgotten that.t. too many of his cabinet picks support the same hard right positions the republican party has held for years. policies of the american people

have repeatedly rejected the attempt to adopt their timeworn policies, the special interests, corporate america, not the working man and woman. his presidency willts not succe. >> megyn: in moments we will be joined by former house speaker newt gingrich, but first we go to politics editor chris stirewalt in this correlated effort against the new trump administration. i guess it's a war room, they are going to sit and have little combat helmets on. the cabinet nominees. so who do you think is most vulnerable and are you shocked that they don't want trumps guys? >> they've got to do something. they got kicked in the shorts. they had their worst fear in a lot of ways since 1988. they were not at all prepared for it. you can't have a war room if you

don't have an army. they have no army. you've got to do something. he's making maximalist threats. in hopes i assume that he can get something better down the road. at some leverage out of this deal. the two week spot? i say one, scott pruitt. the attorney general of oklahoma who trump has tacked to be the head of the epa. they will hone in on him right there. depending on the intelligence about the rushing hacking could be rex tillerson. that's a big target. that's a real big target. if they go after him, that's a potential big liability. but we don't know how trump is going to a play that yet. we are not there to be a rubber stamp. >> megyn: we got up at these to the test and is there an army? who is their leader?

>> that is exactly the issue. barack obama says he is not meeting thematic leaving he -- >> megyn: that's the american way. >> he seems to want to hang out and be here in washington and take a leadership role. democrats, they are divided. there's a lot of things that truckde schumer like borrowing a trillion dollars and spending on infrastructure. there are things a democrat back mcgrath want to work on they will lose their party'sin base d become even more hopelessly divided. >> megyn: did you get a haircut? >> i did ask back i had all that time over christmas. i had to do something. >> megyn: looks dapper.ma we are also learning tonight

that the democratic national committee is building a war room, filled with former staffers from hillary clinton's campaign. to challenge the new administration every step of the way. newt gingrich, former republican speaker, great to see you, mr. speaker. >> what you say that differently every time i am on. it's amazing how many very variations you have. >> megyn: what about the lecture we got when barack obama took office that we are supposed to root for our president and work together and the shock and awe that their top goal was to defeat his agenda? atit's a different message now. >> well, look, i think the democrats are in a state of shock.

i am old enough that i couldn't help but think of charlie hallock, who used to be the republican house minority leader when john f. kennedy was president, when lyndon b johnson was president. the accent was different but it's, "no, no, no." nothing shrinks your party faster than learning the word "no." they all applaud but the rest ot the country will look at you like you are nuts. you do a couple things where it's a really amazing. if you think about it, taking on rex tillerson, who had the largest manufacturing company, exxonmobil, deals in 80 countries or so, why would you

want to pick a fight with him? you almost have to pick a fight for their sierra club for the scott pruitt. but that is going to drive moderate and middle-class america away from them at a very rapid pace, picking a fight with rex tillerson. > megyn: there is a 2012 book that years ago, you sat down and said let me see, this is a strategy to take back the house in 2010. at the end of a meal, you will remember this day. republicans wanted in obstruction when a democrat was in the white house.

>> barack obama governed based on his inaugural address and on his speech in grant park and on the saturday before the election, that he was so moderate, he was so much in the center of the country. if he governed like that, he would be eisenhower. he would grope the democratic party and we couldn't do anything about it. but if you want did exactly what they did do, he was set up for real polarization. and that's what they decided to do. and that set the stage for 2010 and beyond. and myge advice to trump is to learnan a really deep lesson for that. here is a chance to reach out to democrats. the notion of a bill for infrastructure. he should have at least one-third of the democrats to decide they want an infrastructure build. >> megyn: resident elect trump

deftly wants to agenda items. but the cabinet picks are clearly conservative which is his right, he won. but they seem to be really digging in. to think that somebody like -- he was behind his group, behind a lot of foreclosures, or scott pruitt, i mean they are really going after scott pruitt. do you think they will stop these guys from getting through? >> i think first of all, the democrats are going to be under enormous pressure. thee's a spring session of court. we already know that trump is going to name one of the people on his list that he released months and months ago. they are all respected jurists. so they'll bring that out very early and at the clock will

start running and of the country is going to watch the democrats twist themselves into pretzels. i do think some of these guys have to earn their approval by doing really well in hearings and going to see senators. the example i tweeted about today is, jobs in michigan's by the ford motor company and the president of ford said, look we are doing this because we believe in the regulatory tax reform that trump is talking about. what i treated today is so t how many democrats in michigan care enough about michigan jobs? to vote for the reforms that ford says are essential to keep those jobs in michigan? that's going to be very

different than anybody expects. this will not be a normal right versus left presidency. this will be a very innovative, very pragmatic presidency. >> megyn: happy new year. there isy no reaction tonight to president-elect trump calling out general motors. anthony scaramucci is here to debate. and the black lives matter movement has led to an uptake in crime, will take a look at cities like chicago under a trump presidency. after sound issues resulted in o disastrous -- i don't think that's too strong -- performance in timesat square, could mariah carey faced legal drama for how she handled it? [laughs]es

a revised kelly's court takes effect tonight. we'll be right back. we'll be right back. what's the best way to get two servings of veggies? v8 or a powdered drink? ready, go. ahhhhhhhh! shake! shake! shake! shake! shake! done! you gotta shake it! i shake it! glad i had a v8. the original way to fuel your day.

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>> megyn, he did it with carrier. he did it with boeing, he did with lockheed martin. now the president is trying his luck with gm, using twitter to pressure the carmaker to follow hisng policies. tax free across, making u.s. a or pay tax. try to make products here, but it's rare for him to use this much detail and gm quickly recognize they may have a problem on their hands. they put out a quote... a small number candidate trump

use to go after ford hard on the trail. but now that there are critics, the company has an announcement. they are pulling the plug on a factory project in mexico. and investing in the michigan plant, because of something the president-elect said. >> when we look at some of the tax and regulatory reforms that he's been talking about, that gives us a lot of confidence and this is a vote of confidencece that he can deliver. >> and he's not just tweeting, the president-elect is ready to take questions. a long-awaited general news conference is set for january 11th. >> megyn: anthony scaramucci and fox news contributor, julie roginsky. good to see you both. trump supporters will say he is using the power of his office to

try to obtain results for the american people. >> you are right, i remember back in the day, republicans didn't like to pick winners and losers. i'm happy to see that you are following the winners and losers on twitter.at she's able to accomplish w this- if he is able to accomplish this true regulatory reform, that's one thing. if he's taking companies, naming them by name, where he is saying if you do x, i will do why. these hundred jobs that they will now use money -- that's picking winners and losers and that's something that i think republicans at least, who love the free market, don't necessarily report. support. >> what she's missingt about the president-elect, he's become the blue-collar advocate m in chief.

>> how is that different from being the green advocate in chief that barack obama was? >> in the case of gm andvo ford, they are making a decision to produce here in the united states or produce off the shores of united states. the president-elect or president obama was making a decision about the environment. in this case, it's focused on american workers, megyn, and working cost of wages. >> megyn: so the priority is not the philosophy, it's the priority. >> what we both understand is that the middle-class people need to rising wages, the working classto the working poo- >> all we need to do is pick a couple of these. and the belief that the other

companies who are thinking about moving their plants to mexico will then be shamed. they know he is going to comehi after them, is it really worth it? i am old enough to remember 2008, barack obama was writing hide. it was a kumbaya moment. these companies are going around now, because they're not sure what the new president is going to do. nothing is p going to last forever.to they are going to do what's best for their bottom line. at the end of the day, what's going to end up happening they make business decisions partially on the regulatory environment, partially on the tax environment. >> he's not going to do that. >> you don't think he's going to put the tariffs -- >> whether it's mexico, other countries, china, -- since 1945,

we made state department and treasury, a conservative effort. it flows freely in the united states. >> megyn: that is a fact. >> we did that to create economic dependence. all trump is saying his timeout, let's have the -- act's for the young people out there. sats. >> what are you looking at me for? >> megyn:[laughs] your point is she is like enough is enough? let's even the playing field? >> the last best hope for globalism is donald j.

trump.t' 26% of the gdt in the world. >> megyn: it's similar what he's doing in china. >> julie is worried, she is worried. >> i am not worried. >> megyn: a not-so-subtle message from the president-elect to barack obama's staff. wait till you hear rahm emanuel's response. eight years after president obama promised to empty gitmo, will show you how the president-elect asserted himself in this debate earlier today.

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>> megyn: breaking tonight, the obama administration and president-elect donald trump. for more than eight years, the president has vowed to close this facility. and just with 17 days remaining in office, the gitmo legacy could still be evolving. catherine herridge, live in washington. >> mr. trump asserted himself into the controversial attention of guantanamo bay, writing in a tweet, there should be no further releases from gitmo. these are extremely dangerousua people and should not be allowed back onto the battlefield. only 49 detainees remain. the obama administration has transferred more than 19 men before inauguration -- mr. trump can do what he wants when he is in charge.

>> he'll have an opportunity to implement the policy that he believes is most effective. >> this remains controversial and underscores the risk.s he became the public faith of -- the suspects including the self-described architect of the attacks are still held that gitmo and already in the legal system.ct so they are not eligible for transfer. h but the case essentially stalled out over them cia detention that some critics call torture. in 2009 with the signing of an executive order to close the gitmo camp in a year. that field with president obama and his team, now blaming congress for putting up roadblocks. >> megyn: advisor to president-elect trump transition

team and matt bennett, great to see you both. pete, let me ask you, barack obama has made clear he wants to get rid of these last detainees. or at least 19ck of them. the white house was asked today, are you going to take into account president-elect trumps request that he not transfer it anymore and that the new administration is coming in and donald trump had an issue on the campaign trail. the white house said we will not be taking that into account. your thoughts? >> i think that is exactly right. obama is going to fulfill one of his first promises when he came into office. he's going to be unable to do it and at the end result with these 19 people that he most likely will transfer by january 20th, these will be the people that donald trump will have to go back and capture.

we are in a hot war. the greatest time since 9/11, isis is taking credit for about 1100 suicide attacks ince 2016. you've got the attacks going on in turkey, germany, france, and those types of things. you've got failed states and syria, iraq and libya. we are in a worse situation than we were in 2009 when this president came into office. >> megyn: it should president obama give any thought to the desire of the incoming commander-in-chief in these 19 detainees? >> no, he should not. he will be president until noon on january 20th. if we were going to have two copresidents, that would be a signal to the world that they can do whatever they want for

those monthsul and nothing would happen. obama has to act likey the president and gitmo has been a super rating sore on the war on terrorism since the beginning. >> megyn: but we just had this election in which donald trump made this an issue. he said we are keeping it open, we are going to load it up with some bad dudes. this was at play, an open issue in the 2016 presidential election and the american public sided with trump. >> they voted for him to be president. you can't say they voted for this issue. >> megyn: obama said i disclosed this and made it an issue. so i don't know, you think it is fair play and he should be held to the same account?

>> the turnabout should be fairs play number one because donald trump did win on these issues. but bottom line is, the policies of president obama fighting jihadist terrorism has failed. they could've asked for, he engaged with the islamic brotherhood. >> megyn: she did put a bullet between osama bin laden's eyes. >> megyn: yeah, he did but he fostered the kind of chaos that we see today. the policy -- trump's policy should be listen to because they set us on a new direction that enable- us. >> megyn: well, we will see. we will see what happens. it is always a hassle to transfer these guys. nobody really wants them.

also, tonight after a year that saw nearly 800 homicides in chicago. trump says we could see big changes when it comes to policing in america. to tackle the historic violencen in his city, we will see what he has to say after this. could there be legal fallout to mariah carey's now infamous new year's eve performance? oh, do we have a kelly's court for you. coming up. >> that was -- you just don't get any better. you just don't

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to help real people like these. >> megyn: developing tonight, controversy after president-elect trump opens up with a tweet about one of the most violent years ever in the city of chicago. and at that, sadly, is it saying something. mr. trump suggesting that if chicago mayor can't get things under control, he should ask a defense to step in. u.s. policing could undergo some major changes in 2017. amid some feelings that the timing could not be better on possible changes there. fox news contributor kevin jackson will join us in a moment, but first we go to matt e ofinn live in chicago. matt. >> trump firing off another one of his tweets. if mayor can't do it, he must

if mayor can't do it, he must ask for federal help. spokesperson responding, we agree. to give you some perspective on chicago's shocking crime stats, in 2016, 762 people were murdered.ag two people per day. imagine that in your hometown. 4,000 people shot, chicago's's crime problem. all topped off with the police force of been essentially stripped of the tools of stop and frisk. top cops say it's time for prosecutors and judges to get tough. >> if you do pick up a gun and use it, you will be held accountable. right now, you don't do that. >> notable chicago activists has

helped lead the effort to stop violence where it starts most. he's reached out to trump so far but has not heard back, he agrees chicago needs federal help.. >> when they reach out and really want to see subsidence changes, or do they just want to continue to band-aid? >> cpd is under the investigation for department of justice, he recently found the funding to add 1,000 more officers this year. megyn. >> megyn: matt, thank you. what he calls a disk turbine case of irony is -- >> what's happening, and this is ironic, a movement with a goal of saving black lives at this

point is getting black lives taken. because 80% of our murder victims here in chicago are male blacks. less than half of 1% of all the shootings in the city involved police officers shooting civilians. >> megyn: joining me now, kevin jackson, and eric guster. wait to see you. so the numbers are just dreadful in chicago, kevin, and the murder surge that we've seen this year is the largest spike in 60 years in chicago. so it's bad and when you didn't think it could get worse, it just did. so what now happens? should we be sending the fence into cities like chicago? what does that do to local policing?

>> it's no surprise, we had an administration that's been so bad against law enforcement it's easy to see what the outcome was going to be. unfortunate part is it's obviously affecting the black community worse. as far as the feds go -- >> are police officers holding back so they don't get accused of excessive force? >> absolutely. or, not only that, they don't want to go in there to get in trouble because what's going to happen is as the top cop in chicago said, they end up getting in trouble and being accused of excessive policing. what trump did was amazing was in that one tweet, what he did for immigration, what he did for saying -- we've known aboutt ts

for years. rahm emanuel, week after week, "the chicago tribune" reports these deaths every single weekend. multiple people shot, multiple people killed. i suggest trump tweets atin baltimore, d.c., and detroit asl well. >> megyn: what is he going to do, send in the national guard? is he going to send in a bunch of federal money? >> trump is the master of tweeting somethingng that has no meaning behind it. 80% of arrests are down -- when the cops stop working, that's the problem, megyn. and we need to hold them

accountable. >> megyn: that's why he is blaming that on "black lives matter." >> no he is using some george wallace talking points. if cops are not being held accountable, other social justice groups just want to be held accountable and make sure they do the right thing. >> megyn: some 25 investigations by the doj, they are right now enforcing 19 agreements, "the washington post" did a study on this andas said these kind of overhauls that come from these doj investigations have unintended consequences. one took $300 million in taxpayer monies, so what is a likely had the president trump continues that? and shouldld he, given the cost that we see? >> first of all, i want to address something that eric said, which is what is happening in the black community. calling cops pigs in a blanket --

>> stop telling a lie. >> megyn: it's not a lie, that did happen. >> go ahead. >> there was a girl in the audience that said they didn't even want police in black neighborhoods. so what do you want? either you want cop presence, but here's the bigger issue. we shouldn't be killing each other. we should be a civil society and that isn't going around killing people. >> megyn: adding to the root cause of that is a much bigger effort. >> it takes a community of policing, communities working with police officers. cops just need to do their jobs. "black lives matter" and other groups just want them to do their jobs, just asking that. >> megyn: all right guys, that'll be enough. we will see you. after her new year's eve

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they filed with megyn kelly. >> we will just say it went to number one.

and that's what it is. >> oh, my gosh, secondhand embarrassment. >> megyn: mariah carey's reaction to new year's eve performance, becoming a viral sensation. but the drama did not stop when the show ended. mark eichler's, the potential legal fallout. who volunteered to be on the story all day long. go ahead. >> i did, megyn. mariah carey's team said some of her purse she lip-synch, other parts she sings live. but she couldn't hear, her earpiece did not work. production sources told entertainment weekly that part of the problem was mariah carey skipped rehearsal. mariah carey's manager said the

production company assured the singer with everything that it would work when it went live. it didn't. watch. >> mariah carey walked off stage. here's to making more headlines in 2017. but when the disastrous performance also aired three hours later on the west coast feed, her team accused dick clark productions of doing that to improve ratings. today, mariah carey told today, mariah carey told entertainment... by the way, jenny mccarthy who

by the way, jenny mccarthy who cohosted the show said the background dancers were in sync, which they were. if they could hear the music blaring from the speakers, why couldn't mariah carey? >> megyn: i didn't consider that myself. criminal defense attorney, thank you for being here counselors. let's start with whether the dick clark production company can sue mariah carey for what it is alleging. defamatory statements about them setting her up to fail. >> absolutely not. they would have to prove actual malice because we are dealing with public figures. it's a very high burden. that means they would have to prove that at the time she made the statement, she knew they

were false or a reckless disregard of the truth. as we sit here today, she still believes that they sabotaged her. they have no case. >> megyn: well, she doesn't. it wasn't mariah that said that, it was her wrap that said something off the record to something. it may not have been that they set her up intentionally but they didn'tg. set her up to succeed in the event. your thoughts? >> setting her up to fail is very strong words. could they bring lawsuit? absolutely. will they? i don't think it would make sense for them to do that. that would be kicking an artist when she's down. setting someone up to fail is very strong as well, i think we all thought mariah carey's performance breakdown and keep breaking on down in front of our eyes on new year's eve.ve her team did not do damage control, and they are trying to pass the buck. no one is buying it. dick clark and his reputation

with his company is intact. >> megyn: can she sue them west to mark for saying you did set me up to fail but then there is a question of why the backup singers could hear the backup music and she could not? >> anyone can sue anyone for anything, we've learned that. my analysis is the same and we flipped it. she is a public figure, they are public figures. >> megyn: but they publicly humiliated her. >> megyn, hold on. there isc something in my earpiece. >> megyn:[laughs] i have anchored in times square on new year's eve, and it is really loud and i too have had choppy audio. i can relate to her. >> is happens, she's a great artist and has a great career.

i'm sure she did her all to have that performance back. >> megyn: i think would be more damaging than she was caught lip-synching, she was trying to sing it live. the reason there were long bouts of silence is because she couldn't hear. but i think it's worse when they gett caught lip-synching. >> i agree, megyn, there is damage here on either side. they're all going to watch the> show next year. >> megyn: they shouldn't use the scary legal word because you wind up in kelly's court. we will be right back, don't go away. hter home, that was it. now i have nicoderm cq. the nicoderm cq patch with unique extended release technology helps prevent your urge to smoke all day. it's the best thing that ever happened to me. every great why needs a great how.

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>> megyn: finally tonight, personal and professional note from me to you. after more than a dozen years an fox news, i decided to pursue a new challenge. this is a tough decision for mea because i love this show. our staff, my crew, my colleagues here at fox. and you. all of you. those who write me the lovely hand written notes asking about my kids, and even those who very rarely complain on twitter about our coverage after a show or a presidential debate. now, i don't actually know most of you so it might not actually be true love. but it makes one feel connected to another human being. and that after all is why i believe you are here. human connection.

the truth is, i need more of that in mymy life. and in particular whenen it coms to my children, who are seven, five, and three. so i will be leaving fox news at the week's end and starting a new adventure. joining the journalists at nbc news who i deeply admire. i will be doing daytime show there as well as a sunday night newsmagazine, for politics and such. i am very grateful to nbc for this opportunity and i am deeply thankful to fox news for the wonderful 12 years i have had here. i havene grown up here. and have been given every chance a young reporter could ask for. the murdoch family has been kind and good to me at every turn and my colleagues are like a second family to me. so, i will miss them and this show and you.

and i hope our human connection continues. i'll be at over a different line. thank you fors watching. with love. >> and happy new year, happy 2017 and welcome to "hannity." tonight, we have a short opening monologue. democrats continue to make the claim of the russian government is directly tied to thee 2016 election hacking and with weeksi to go before he leaves office, president obama announced sanctions against russia. they released a coinciding report supposedly containing evidence that the russian government coordinated all of these cyber attacks. that report gets very few details and a massive big disclaimer. the kratz were also pointing a finger at wikileaks, saying that they provided them thousands of emails from the dnc and john