so we are going to report on that. name the names and have a lot of lead discussions. again, thanks for watching us tonight, i am bill o'reilly. the spin stops here. >> megyn: breaking tonight, 2016 election the u.s. intelligence community finally ready to review its finding. allegedly detailing the kremlin's dirty trick. welcome to "the kelly file" everyone, i am egging kelly. as early as tomorrow, then it goes to president-elect donald trump. president-elect is calling on the experts to prove the allegations that russia moved with the election results.

then julian assange -- the sean hannity interview. that set off the republican members of congress. who said that assange is not a man to be trusted. >> i have a lot more faith in our intelligence officers, very smart and experienced analyst that we have here in the nation's capital in people like julian assange, i can tell you that much. >> he leaks, he steals data and compromises national security. >> megyn: today on capitol hill, mike pence came to him president-elect trumps defense. >> i think that the president-elect has expressed his very sincere and american

skepticism about intelligence conclusions. given some of the intelligence failures of recent years, the president-elect has made it clear to the american people that he is skeptical about conclusions. from the bureaucracy and i think the american people here at loud and clear. >> megyn: first, to our chief intelligence correspondence, catherine herridge. >> and american elections going back to 2008, the report more than 50 pages in length. mr. obama get the findings first for the classified reports. they're not waiting until tomorrow to make his case. >> do you think the motive of the russians was to help donald trump?

>> again, that is one of the things that we addressed inside the report. i'm not going to answer that at this time. >> the head of wikileaks, julian assange, said that the leak of the clinton emails was not russian intelligence. it is merely child's play which did not require the skill of a russian foreign intelligence. >> the password was the word password. his own staff said this email that you received? this is totally legitimate. this is something a 14-year-old kid could have hacked. >> megyn: the new senate minority leader chuck schumer told msnbc that mr. trump is, "really dumb taking on the intelligence community because they have some new ways to get back at you.

megyn." >> megyn: cohost of the five, thank you. that is a scary thought but it is true. who wants to mess with the five? let's just draw a distinction, why would donald trump be picking a fight with them? but it's not all men and women, boots on the ground. there are some political people at the organization who might be saying things with which donald trump would take legitimate issue here. >> the intelligence community is going to brief the president and on the president-elect and then some sort of document becomes public to us. it's become something that's been going on for five weeks no now. i think the president and president-elect to get the briefing together so everybody hears the same words and at the same meeting to come out of it.

it's extremely unfortunate to hear the president-elect at odds the intelligence community. heading into the nih's which is 15 days away he seems to be assuming it's not the russians based on julian assange's comment. they did it to help donald trum donald trump. because it feels like he it legitimizes his election. there were political people, political appointees. that push this narrative. i do think the democrats are trying to call themselves. we lost the election because of podesta's emails. assange, who i don't trust it all, he's right when he said that podesta had no security. >> megyn: if your password is password, change it when you go to commercial.

>> everyone has a little bit of truth in this. the trump administration will change the direction of the national intelligence office. probably really good because the office has good intentions, and donald trump is being advised by donald michael flynn, who knows about all this. >> megyn: and democrats will then connect -- couldn't >> so therefore he is going to change and punish the intelligence community. everything is getting a little bit too muddled. the intelligence community deserve some support. >> megyn: so let's talk about the actual thing that donald trump is a saying which is he's excepting carte blanche that the russians did not hack the dnc. we don't know that.

we don't know that. >> you know who else doesn't know that? assange. this is an interesting exchange we had with hannity. >> megyn: and sean hannity said anybody associated with russia? and assange says we can't say and we have said repeatedly that our source is not the russian government. it is not a state party. so he would not go as far as to say anybody associated with russia. that's where the hairy split. that tells you something. >> so it wasn't vladimir putin. >> megyn: he's not dumb enough to do it himself. friday is just a few days away. we will get the briefing. to think the information is there? like they say sorry, it was russia. >> this notion that a russia is

interfering was actually the thing that got donald trump elected. that logic doesn't actually flow for me. i don't see it there. >> megyn: that that's going to be addressed in this report, that's what they are saying. >> that's the motive. >> megyn: bill bennett emma former education secretary, bill, great to see you. so let's start with that. the democrats believe -- not all of them -- that putin wanted trump elected because he thought he would be a pushover, he thinks he is friendly towards putin because putin flatters hi him. do you buy that? >> yes, that is the unstated premise. good for you, megyn. that's the notion that the democrats want to push. and you can hear that in a month or two or three months but

that's because the russians got him in there. if you think about it, step back. we have no evidence that any votes have changed because of any russian interference. i believe -- -- >> megyn: so you don't believe julian a a when he says that te russians didn't hack? >> it could've been someone that said i'm not the russian government. how does he know? back to the larger question, why all this fuss? because i think the democrats want to suggest this election was somehow illegitimate because the russians wanted trump to wi win. why would the russians want trump to win? he has promised energy

independence, both very bad thanks for the russians. second point. one have the russians thrived in the last five or six years, have they got weaker or stronger? obama and clinton have been very good for russian power. trump will not be good for russian power. i think the basic premise undercuts the notion here that the liberals -- >> megyn: in the democrats defense, if the russians did influence the election, let's it wasn't to help donald trump. that is a huge deal. we do need to know who did it. there do need to be consequences to it. and can we have our president rejecting 17 intel agencies? you want to get along with putin, but he did something bad that you're going to have to deal with. >> right, i don't think he's rejected it. he hasn't rejected outright.

he's raise questions. it could be russian, chinese, a guy lying in bed. >> megyn: she certainly sounds like he is a believer. >> i know, but we will find out in a day or two ago. they have some skepticism about the intelligence committee. i had briefings from the intelligence community, some of them were right, some were not. there were some who political appointees. all the intelligence agencies to deliver what it is they had, and they canceled the hearing? they weren't ready yet. in 48 hours, we may get some final truths. sunlight is the best disinfectant, judge brandeis said. >> megyn: can you imagine how awkward that would be? if they look over each other like all the intel brief there is her dislike of.

thank you, bill. breaking tonight, for people are under a little rest after a truly ugly video services under chicago. a young man tied up, his mouth taped shut. he is kicked, beaten, and threatened by a knife by a group of people shouting [bleep] trump, [bleep] white people. what's worse is the please save the man being beaten is mentally disabled. we are gathering more information right now, the police have just spoken out about this publicly. we will tell you what they said shortly. plus, president obama and leaders are in a new war on obamacare. it was very interesting day on capitol hill. this one affects millions of patients. millions of taxpayers.

up next on what is happening here. being discussed for the u.s. supreme court, the people. judge andrew napolitano is up next to talk about the controversy. >> i think that it is somethine american people simply will not tolerate and we will be looking oxrward to receiving a supreme court nomination and moving forward on it. most important parts with centrum. now verified non gmo and gluten free. i need to promote my new busi can make that happen.et. business cards? business cards, brochures, banners... pens? pens, magnets, luggage tags, bumper stickers. how about foam fingers? like these? now, get 15% off making your company stand out. staples. make more happen. why pause a spontaneous moment? cialis for daily use treats ed and the urinary symptoms of bph. tell your doctor about your medicines, and ask if your heart is healthy enough for sex.

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>> chicago embarrassed by the mu

>> megyn: developing tonight, a new fallout after president obama went to head at capitol hill today. obama speaking to congressional democrats behind closed doors, imploring them not to "rescue republicans" by helping efforts

to replace the the law. repealing the law and then replacing it with a better system will be the new administration's first order of. what does all of this mean for obamacare future and for you? live in our west coast newsroom, trace gallagher. >> erased today as both parties tugged on the rope in an effort to save this signature law, obama went to capitol hill to fire up his team. so instead, he is advising democratic lawmakers not to rescue it. by helping to pass replacement measures. mr. obama is also recommending that any changes to the law should now be labeled trump care and at some democratic lawmakers have adopted a spin on trump's make america great again by pushing the phrase, "make america sick again."

>> republicans will soon learn that you can't keep the good parts of the aca and remove the rest of the law and still have it work. >> the republicans say they are doing just that. g.o.p. lawmakers also huddled on capitol hill to lay out plans to repeal and replace the affordable care act. with the vice president elect mike pence vowing that donald trump is a man of his word. >> today our message is very simple. working with bill leadership here in the house and senate, we are going to be in the promise keeping business. >> and president-elect weighed in on twitter, saying they will not let democrats off the hook with obamacare. top republicans like house leader paul ryan's warnings

fellow republicans to say before you repeal, make sure you can replace. >> megyn: trace, thank you. with no replacement lined up, what would happen next? president of the foundation of equal opportunity, former chief economist, so that would be a pickle. right? you are the person i think knows the most about this stuff. we've been talking to you about obamacare since i don't know when. since obama was like a baby. you tell me if they manage to repeal and they are not able to replace, what happens? >> well, megyn, there is one word in this whole obama fight that matters. and that's the filibuster. i've done something really special tonight, i've stolen karl rove's whiteboard.

here's something that we are going to show you. the thing that obamacare bid and had in 2009 and 2010, when democrats controlled the senate, they had 60 votes to pass the parts of obamacare. republicans this year only have 52 votes, yes they can defund obamacare, but the thing that you and i have talked about so many times on the show, megyn, is how the regulation in obamacare are driving up the premiums. if you don't reform the regulation, you can't really repeal and replace obamacare in full. so how are republicans going to get the 60 votes that they need to impose or institute their own reform for their health care system? the way to do is give the democrats something they want. in a consumer driven way so people have the actual choice. >> megyn: you heard it there, they need democrat buy-in if

they want to do it right and if they don't do it right, we are back to trump's warning. be careful because right now this is hanging around the necks of their democrats. it could soon be a republican problem. >> it is a republican problem, are you kidding? we talked about this throughout the campaign, donald donald tre contradicted himself, he wanted the key parts of the law, and both parties were saying wait a minute, it doesn't make sense. it will blow the system up. and now he is actually going to be the president and they are trying to sort it out and they are not going to be able to. the problem that obama had is when you do anything in the health care system, you then own everybody's problems, everything everyone hates about that. >> megyn: everything that has ever happened in the health care system, that's on you.

>> they attribute things to obamacare, even things that have nothing to do with obamacare. if they get rid of obamacare and fundamentally alter it, anybody complaining about the health care system will be transformed into thinking, what were you thinking when you destroyed obamacare? >> >> megyn: trump ran on a promise that he would make changes. there is a real question about whether senator schumer is right, you can't take away -- you can't still have the good stuff, the universal coverage, whatever. the coverage of pre-existing conditions without the bad stuff. the mandates. >> and this is where democrats are totally wrong, in my view. if you go to our web site, we have published a plan called transcending obamacare that does everything the democrats claim

to support. it covers more people, 12 million more people than obamacare but at 20% lower premium. with much more choice, much more access. it can be done, the idea that obamacare is the only way to make sure people have access to health insurance coverage is not true. if you give people a choice, if you give americans control again of their own health care dollars, though be able to choose the plans that are right for them at much lower cost than obamacare does. >> megyn: all right, i think it's interesting that donald trump sat down and did an interview with dr. ezekiel. talking about keeping the good stuff about getting rid of the mandate. wait to see you both. >> thank you. >> megyn: judge andrew napolitano discusses the supreme court seat, wait to hear about the reversal that the

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>> from the world headquarters of fox news, it is "the kelly file" with megyn kelly. >> megyn: one of the earliest assistance decisions for trump will be supreme court justice. mr. trump's final pick has not been announced yet, shannon bream is reporting from washington on why. >> whoever gets the nod from the president-elect will get criticism from the left but there are a growing concern for some on the right. pro-life groups have sent a letter saying they are worried about some of the candidates on the list of 21 potential picks that donald trump has made. spoken in ways that are odds with the pro-life position. trump transition team says not

to worry, all of being thoroughly vetted. here's a transition vetter -- we certainly appreciate with the pro-life community and other groups are doing to weigh in on these various nominees. all of that information is being taken into consideration very, very carefully. >> has been pouring through all the positions on mr. trump's list saying there is a way to calm conservative fears. >> there are very many other excellent judges on the list that have no red flags and in fact are very solid judicial backgrounds that would make excellent choices at the u.s. supreme court. >> it will take 60 votes in the senate to get any supreme court nominee passed the first hurdle. unless something changes, republicans will need some help from across the aisle. megyn. >> megyn: shannon, thank you.

supreme court, sr., judicial analyst here with us is andrew napolitano. >> he wants up person most like justice scalia. but in terms of the idea that the meaning of the constitution was fixed at the time it was ratified. a theory generally called original them. this is not something in the weeds, it profoundly affects how judges rule. judge ginsburg believes that it is a something that can be changed. >> megyn: wright, a living breathing document. if you want to say there is a constitutional right to an abortion, why do you want nine

guys or gals up there to make that decision? you go get the american people, and make it clear. >> so he is looking for a person who generally accepts that you of judging from a festive supr. >> megyn: will the democrats ever vote to support a originalist? >> no. after ripping into the republicans for their refusal of hearings, somebody nominated in the lame-duck part of obama's presidency, he has suggested that the democrats might engage in enough parliamentary tricks to prevent president-elect from even being voted upon in the senate.

>> megyn: we are going to talk about his flip-flopping. in a minute. but what would that mean for the supreme court, if they were stuck with eight justices for the next couple years? >> a tie vote in the supreme court, which doesn't always happen but has happened, means that the decision below becomes the law. it's not a ruling on the merit. just a refusal to disturb that decision below. but i can tell you that the supreme court does want a ninth member. no matter who it is. because they feel they have more integral to the when they have a full membership. >> megyn: when he was confirmed in the '80s, was confirmed i think it was in -- 98-0. >> correct. >> megyn: it wasn't that there were fewer liberals or democrat democrats. >> it doesn't matter, no matter

who it is that this will happen that time. >> megyn: chuck schumer is already saying to keep this seat vacant for the remainder of trump's presidency. i'm sure he always felt this wa way. it's a dramatic turn actually, just last year when it was a democratic president choosing the nominee. >> he doesn't even know who the president is going to propose and he said no, we are not having hearings. we are not going to forward to lead the leave the supreme court vacant in these times. we democrats did not do this. it is hard for me to imagine a nominee that donald trump would choose that would get the public and support that we can support. so you are right. >> megyn: so you would do your best to hold the seat open? >> absolutely. >> megyn: and they wonder

whether approval ratings are so low. karl rove, and mo elleithee. let me start with you on this one, mo, as a democrat. that's my question. to you. >> you've got to love congress. both sides have gone back and forth on this. i listen to mitch mcconnell's response to that today and he sounded like chuck schumer did back then. right? you know, i think there is one important distinction here. i'm going to come around and knock my party a little bit and a second. but i think there's one important distinction between this and what the republicans did in the with the garland nomination. they said we are not going to even entertain or listen to a hearing on anybody that president obama nominates. they said he shouldn't even make a nomination. that's not what chuck schumer is

saying, what he is saying is we don't want someone who is going to be outside the mainstream. he's not saying we won't hold a hearing, she saying we probably won't vote for someone on less it's in the mainstream. it sounds more like a leveraging tool here. having said that, do run the risk of sounding like obstructionist. and no one sounds good like that that, democrats or republicans. i would hope democrats a more along the lines of this is what we want to see. no different than when republicans say, we won't support a candidate who is pro-choice. it democrats say, we are not going to accept someone against the mainstream. >> megyn: repelled can say things like that, but we have adjusted -- women like judge soto mayor, the question is --

you get bounced out of they are but it didn't used to be that way. is there ever going to be a point what was intended? you look these nominees and you decide whether you are qualified as a u.s. senator and you don't try to trump the will of the president who is duly elected by the american people. >> megyn: first of all, thank you for for inviting me earlier. andrew jackson in return, i really appreciated that. >> megyn: oh, you do get money for that? >> you think i am going to let him use it free? >> abracadabra. >> let's put this in a little bit of perspective. for 80 years, no president in their last year has been able to nominate and see confirmed.

this has been around for a long time. in 1992, joe biden said president george h bush if you nominates anybody, we shouldn't even consider them until after the november elections. you have basically six weeks in order to name somebody, do the background, hand over all the material, have the hearings. that has never happened. at least in the modern era. chuck schumer raised this a little bit earlier. in july of 2007 -- >> megyn: and he said we should reverse the prospect of confirmation. they should prove they are in the mainstream rather than us having to prove that they are not. >> absolutely right. he changed last year for political reasons. i write this off largely to playing to the cameras and playing to the base and trying to demonstrate that he's going to be a strong, effective leader for the left-wing democratic party. but his problem is in 2018, he's

got a lot of democrats in states like montana, missouri, indiana, west virginia, were not going to be inclined to march off into san francisco bay and live in a tent in cambridge, massachusetts. it's going to be very hard to keep up. >> megyn: i will give you the final word, mo. >> there conservatives out there, they don't want to entertain a republican or a nominee who is not pro-life. who is pro-choice. i think it is fair for senators to go in there and say these are the benchmarks by will which il vote. use whatever benchmark, but have the vote. that's where i think the republicans had the bigger

problem with the garland thing done this. >> megyn: judge soto mayor, 68-31. voted in. that means she has some bipartisan support it is going in a direction that i would submit to you is going to be never intended. good to see you both. breaking tonight, we're getting new details on a truly horrifying it attack in chicago. broadcasted on facebook. four people now under a arrest. why this could be a federal cas case.

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in moments, we will be joined by david wohl, we check in with trace gallagher who has breaking details. >> the victim who is mentally disabled said they drove him in a stolen car to the west side of chicago, took him to a home, tied him up, taped his mouth and began torturing him for between 24 and 48 hours. it was streamed live on facebook and the woman who was taping acknowledged that she knows it is streaming live. during the video which as you say is very hard to watch, they cut the man's clothing, saying they are going to get him naked and ask him to kiss the floor.

and laugh about how much he is bleeding. throughout the video, you can hear the suspects going after donald trump and white people. let's watch again. speak out later, they asked the victim how much he loves black people. they are figuring out how much this could be a hate crime, young people making stupid decisions. here is chicago superintendent. >> it is sickening. it makes you wonder what would make individuals treat somebody like that. and also, i have been a cop for 28 years i have seen things that you shouldn't see in a lifetime. it still amazes me how you still

see things that you just shouldn't. >> officers found the victim distressed and wandering the streets of west chicago, he is being interviewed by detectives but it's having a very difficult time communicating. the suspects are all 18 years old, two of them being female and two being male. >> megyn: deeply disturbing. mentally challenged young man tortured for a day? first of all, what kind of crimes are we looking at here, david, and do they include a hate crime? because of the racial undertones and the language we heard. >> the underlying crimes are kidnapping, torture, deadly weapon, and several others. what i found a little bit disturbing is the cops in a

press conference, they are not quite sure if this is a hate crime. it is being investigated. that's after viewing this video. rest assured, if the races were reversed, they would be fired the next day. regarding the state crimes and they leave this hate crime, remember who's going to be the attorney general of the united states in a couple months. jeff sessions. i guarantee he takes this very seriously. this could turn into a federal civil rights prosecution along with other piggybacking federal crimes. the hate crime would deftly be included. they need to take this very seriously. they can't allow political correctness to dictate the prosecution here. >> megyn: i know you're not here to play the role of legal analyst but what you make of it, a hate crime, you get an aggravation when someone is committing the crime based on race.

and in the tape you hear them say [bleep] white people. >> that's why we have hate crimes in this law. people like joe biden have worked at night and day to keep those laws. politics aside, it's disgusting and i think we as a nation, black, white, yellow, blue, need to have a conversation about how we come together. christians and muslims. and have this larger conversation. we are all american. this is sickening. >> megyn: does this one act, this disgusting, awful, criminal act, is it any sort of a larger statement on who we are as a statement? or are these guys just thugs? not just young guys making stupid decisions, thugs. does it say something about us as americans question marks become i think what we can our nation is pretty much equally divided. some people sit on the other. in it's really time for us to come together and really have a

conversation about how we work together to keep america keeping the country it is. we only thrive when we work together. >> megyn: you tell me david, whether people who are so depraved that they would they would do this to another human being, one who is mentally challenged no less, can be reached by an effort at the federal or any other level for us to come together. >> well you know, i think you are right about that. the other thing is they think somehow that sort of invoking trump is sort of their ticket to doing this. they see celebrities hating on trump so they put his name on there and somehow that fuels or gives them justification. i will say this. it's another social media problem we see social media propelling this. they get their 15 minutes of fame. the good thing is that somebody saw it on social media and apparently reported it. to that extent, it turns out

well. >> i beg to differ on that. if it wasn't on social media, then we wouldn't be talking about it tonight. >> megyn: that's right. the videos so shocking that it requires attention and it became national news. not enough lifting note or happy story. mr. trump may have hired her on the apprentice, but he has hired her for the white house. omarosa,. and what it will be omarosa,. and what it will be like to work for trump in the west wing. upde next. every great why needs a great how. afoot and light-hearted i take to the open road. healthy, free, the world before me, the long brown path before me leading wherever i choose.

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>> megyn: major news from the president-elect team this week as they make what they are calling the first wave of additional staff announcements. one may be drawing more

attention than others, one woman goes from an unsuccessful contestant on his reality show two being a role in his white house. palmer also manacled, almost omarosa. >> he wants to connect with americans, he wants to hear what their issues are in their communities. and we are going to fight for them to. so my role is to go into the communities and continue the work that i was already on the campaign and with the national diversity coalition. >> megyn: this is not your first time working in the white house. last time it was for a democratic a administration, president al gore, right? >> and i was deputy associate director for bill clinton. >> megyn: and i imagine you

voted for bill clinton. >> traditionally, i think that the democrats have taken advantage and taken advantage for the african-american vote. we see a huge movement of african-americans moving to the republican side. and that's what i did. i'm a trumplican. >> megyn: [laughs] you made controversy earlier this year on the frontline documentary when you said, well, i will just play the sound bite. >> every critic, every detractor will have to bow down to president trump. it's anyone who is ever down a doubted donald. it is the ultimate revenge to

become the most powerful man on the universe. >> megyn: at wow. >> it sounds so ominous. the music. and the lighting. >> megyn: you want to explain that? >> probably four or five months before the campaign. i look back on all of the people that said president trump would never be the president of the united states, who mocked him, made wagers, and all of those who are wrong, only two polls had him winning. now they have to stop and recognize that trump will be the president of the united states. great to see see you, homero's

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aspirations. i highly recommend it. the book has been in the top ten in "the new york times" for seven weeks now, and if you would like to read something that might inspire you to be your strongest most fiery self, check it out. "settle for more." good night, everybody, see you tomorrow. >> tonight, president obama visits capitol hill to try and save his disastrous health care law. the republican plan to cut health care. wouldn't make america great again. it would make america sick again. plus, part two of our exclusive interview with wikileaks founder, julian assange. also, newt gingrich is here to react to all of this. >> abstract. >> abstract. >>