again, thanks for watching us tonight. i am bill o'reilly. the spin stops here. we are looking out. >> megyn: breaking tonight, president obama has now weighed in after police decided to file hate crime charges against the suspects accused of a horrifying act in chicago. but we may only be seen the start of the uproar over video of the mentally disabled young man being tortured, we brought this to you last night. welcome to "the kelly file," everybody. i am megyn kelly. for people, ranging from ages 18 to 24 are being charged for hate crimes in this despicable attack in which one of them decided to pull out a camera and broadcast it on facebook lives. the video in itself was

disturbing, this poor man's ordeal lasted up to maybe four hours. hate crime charges were not a guarantee, considering scenes like this from the video in question. >> [bleep] donald trump. [bleep]. >> oh, man. [bleep]. >> but it went on for hours. hours. and the list of things they did to this young man, disgusting. chicago pd defended their charges, they didn't want their emotions to get ahead of the facts. when it comes to hate crime charges. obama is insisting race relations have gotten better.

>> i promise you, for the most part, race relations have gotten better. but i think what we have seen over the last several years, it comes to tensions with police and our communities. horrific hate crimes we have seen. >> on facebook, actually. >> terrible. we don't benefit from pretending that racism doesn't exist. >> megyn: mark ike large and will join us first, we start with trace gallagher. trace. >> after being tortured for hours, the mentally disabled victim was only able to escape

because a neighbor who lives below his captors threatened to call police because of the noise. when the attackers went down to confront the neighbor, the 18-year-old victim ran out of the house and was soon spotted by police. despite the brutal chicago weather, the victim was wearing a tank top and sandals. investigators say the suspects, two men and two sisters confessed to the crimes. watch. >> they admit that they were beating him, kicking him, they made him drink toilet water and then obviously the video where they were cutting a piece of his scalp. >> after cutting his scalp, the attackers laughed about how much she was bleeding. during the 30 minute live stream might you can see his mouth was taped shut. cowering against the wall. with the people shouting "[bleep] donald trump, [bleep] white people" ."

>> kiss the floor right now, kiss the floor. >> no! >> [bleep]. >> chicago police are now saying hate crime charges were always in question. never in question. chicago police say they have found no connection between this attack and black lives matter. the victim said he went to school with the attackers and it began as a play fight and escalated to what the chicago mayor calls sickening and the president calls disgusting. >> megyn: good to see you both.

so, market, it seems like a clear hate crime. it's been charged as one now. i don't see what the debate is. it's a hate crime if you target so many because of their race or because of their mental disability. and he was mentally challenged and they specifically referenced his race in the video. >> i agree with you, megyn. i tried to take the other side, let's keep an open mind. i looked at it. and i don't think one single fact makes this concludes a tor tory. you need to look at every single fact. i think it is a racial slur, you look at the fact that he is weak, he is mentally disabled. it's right there in the statute. a mix of very clear. if you select a victim because of that, it is a hate crime. >> megyn: what is the argument that it isn't, scott? >> while it is reprehensible, as a criminal defense attorney, i

am more interested in what is happening not on that video. there is a prior relationship. it very hard to prove a crime when there is prior relationship. >> megyn: no it's not. it's hard to prove a crime or it's hard to prove a hate crime? they made him drink out of a toilet. they spliced his neck. >> was the impetus and what triggered that crime was targeted because he had a mental health issue or because he was white? >> megyn: now you are onto whether it was a hate crime. i am trying to make a distinction here. you said it's hard to charge a crime and i submit to you. it's not hard at all. they nailed it. aggravated kidnapping, battery, on the charges went. the question is a hate crime addition. >> was he kidnapped, was he assaulted because he was a white or mentally challenged or was it because it was a play fight and

some other reason? >> megyn: now you are onto something. yes, they said they mentioned his race, they mention donald trump, yes he was mentally challenged but they were friends and had some sort of an altercation. a fight, i don't know if it is verbal or physical that preceded the five hour torture and so the question will be whether it was that fight or whatever that was about that led to this event. >> absolutely the arguments he makes are relevant ones. look at the facts. we do think the jury is going to lean when it comes to deciding which way they should go? >> megyn: does it matter? why does it matter? if they charge him with a hate crime. because he is looking at 30 years, all four of these people are in prison for 30 years potentially if they got convicted. >> people need to understand they are going to be charged with doing these hard acts like kidnapping and aggravated battery.

they're looking at decades in prison for that. the hate crime nearly elevates the potential sentence that could be imposed. it doesn't -- were having this debate to see if they're going to get more time. >> megyn: we don't know anything about priors with these three, they were juveniles up until last year. one was 24. if they were to be convicted on the sort of litany of charges, they are not going to jail for 30 years, but what would it be? >> if they prove the hate crime, the felony two and the felony three, they could get 3-7 more years. on the illinois law. that's really what you are going to be looking at. the reality is they've got to prove the crime first, and the enhancement of the hate crime. >> megyn: this is going to be bled out. look at the video. 30 minutes long. >> they are going to get time. they should.

>> but look for one or two to bleed out and corroborate against the others. >> megyn: all right guys, got to go. well, some folks in the media are also being blamed for the uproar over this story. one writer suggesting the industry may we need to do some serious soul-searching in the light of what we've seen in thi this. the string of fake pro trump hate crimes, you know, where people say trump supporters went out there to be down trump nonsupporters. those are not giving way, to those of real anti-trump hate crimes. they're not taking heat for framing the story of the conversion of what he calls pro trump narratives and one panelist on nbc seem to be suggesting that these subs suspects were too stupid to be

criminals. >> on the surface you think, kids can make some really poor decisions from time to time. but because they made so many errors here, they were truly trying to be criminal. obviously, your crime is not as the smart thing to do. >> megyn: julie roginsky is also a news contributor. i think he is usually great in "the washington post," this one he is taking a lot of heat for because he is suggesting that if the attackers had been white and the victim had been black, that the incident would have conjured america's ugly history of white people committing crimes against black people. people feel that he was diminishing the seriousness here and that that this could be more easily dismissed and not put into a greater narrative given s

country's history. your thoughts on it, katie. >> it does diminish the horrible situation at hand and it goes and plays into the narrative that a lot of people in the liberal media, leftists believe that hate crimes can only be committed by white people against minorities which obviously is not the case in this situation. for him to say that this was pro trump narrative wrapped up in a horrible incident when in this video they are specifically talking about being anti-trump, saying that very racist, antiwhite things to this disabled young man does not add up with the facts they actually do believe that hate crimes can only be committed by white people. which is not true. >> megyn: he was talking about the "the huffington post" survey, just 22% of trump voters agreed with this -- worldview is not

supported by the data but now they can find support in this one awful video. >> i don't want to diminish the larger narrative about this video from either the right or the left. what happened to me, i am not a lawyer, the controversies to whether it is a hate crime or not, from me as a human perspective, it is a hate crime. for many reasons the people have talked about in this story. let's not diminished by saying, i am from the left, i am a lead role as a guest. in this particular issue. this is a hate crime. the horrible things that they said with racial overtones, the question is whether they would be reacting to the tape, the race of the assailants and the victims, if they were reversed. the critics claim not as much if

it would've been otherwise. not as much as it would've been other rights but let's go back to the beginning of when the story broke. after the election, they ran the story of 28 alleged hate crimes in the post trump election era, with very little evidence, very few police reports filed as a result of these hate crimes, pro trump supporters and yet here we are today in the original story from the ap, it didn't mention the races of the attacker, diligent attackers or the victims. and that certainly would not have been the case. white suppressed supremacy is . only white people can commit hate crimes against the minorities, it certainly would have been painted differently. we certainly would have seen headlines like the situation that we seem play out on facebook, this horrific crime is

just a compile nation of anti-hillary clinton sentiment. i mean, come on. this whole woe is me, every mainstream media outlet that i've read. >> megyn: why would the ap missed that? >> i don't know. look, don't try to somehow politicize this or make it some sort of woe is me conservativ issue. from every spectrum, democrat, conservative, liberal, we all agree this is a horrific crime. the races have been mentioned tremendously, i just don't like the narrative of woe is me, white people are getting suppressed. let's not diminish it by politicizing it. >> megyn: agreed to see you both, thank you. well, on the same day america's intel chief went public.

former cia director and intelligent expert decided to resign from the trump transition team. he is here to tell us why. next. plus, new reports that obama is leading some legislative landmines for the trump team. charles krauthammer is here to talk about the danger. then, hillary clinton's political future. yes, her political future. brian kilmeade has the scoop, and a busy night on "the kelly file" ."

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we're opening more xfinity stores closer to you. visit us today and learn how to get the most out of all your services, like xfinity x1. we'll put the power in your hands, so you can see how x1 is changing the way you experience tv with features like voice remote, making it easier and more fun than ever. there's more in store than you imagine. visit an xfinity store today and see for yourself. xfinity, the future of awesome. >> megyn: breaking tonight, top u.s. intelligent expert doubling down on their assessment that and russia

meddled in the american elections in an unprecedented amount. after weeks of anonymous leaks, the attempt to's throat the election to donald trump, james klapper was right on the edge. catherine herridge was there for all of it, she is alive in washington tonight with the very latest. >> the russian president was pulling the strings, knowing that it was a win for donald trump. they did confirm that russia wants to expand its input. >> the russians are bent on establishing presence in the western hemisphere. >> the multifaceted, the dnc and

emails as well as fake news but they never found evidence the ballots were tampered with. calling it the russian president vladimir putin by name and they emphasize the meddling came from the top. >> to the respect of the involvement of high russian authorities. >> there is unclassified version that should be on monday. it supposed to have dress who was behind the meddling and why. >> do you think in the report next week that you all will ascribe a motivation to putin for the election attempt? >> yes, we will. a motivation, i would rather not preemptively report.

>> the intentions of foreign leaders, we ask our intelligence services -- >> it always has been. >> fox news, congress was told today that russian intelligence masquerades these to confuse the people that get the documents. the president-elect will get his briefing this day, tomorrow. >> megyn: joining us now, who just hours ago, resigned from president-elect trump's transition team where he was serving as a senior advisor. he is a veteran of four administrations. good to see her. thank you for being here tonight. why did you do that, why did you design? >> well, i didn't actually resign. i said that was not working on the transition.

i had helped for some of the campaign. and then during the transition i was speaking mainly to the press and explaining -- >> megyn: why was that important to you, to let people know that you didn't have the role that people are suggesting you did? >> of the campaign was over. i didn't want to have it, when the announced man television, i didn't want them to keep saying i was a senior advisor on the transition. because i really wasn't. and i didn't think it was right to claim something that was not the case. >> megyn: but this suggestion is it was a matter of he stopped using you. that you are not being -- you are being excluded from intel matters and that you felt you are being misrepresented as an advisor when he wasn't using yo you. >> i didn't feel i was being misrepresented. but i was not really called upon

to you know, go to meetings, and participate in that work on the transition. i spent a lot of time backgrounding the press and on record talking to the press and explaining the decisions of the trump organization. >> megyn: you were taken aback by this news report that trump is considering revamping our intelligence framework. and then there was another person who said you given that you are very principled diplomat. they are suggesting there's more to that then you are letting on tonight. is that reporting accurate? >> i think it is important to realize that there are more than one way to perform intelligence and i have been on this issue quite a bit for some time since before 9/11 when i was faced with, a couple years ago, and

also more recently, post 9/11. and i think the direction that the reforms have taken is not a good one. there are a lot of weaknesses, we can talk about sometime when your you have time. >> megyn: do support trumps reported plan to revamp intelligence frameworks? >> depends on where it goes. i think this organization for the clandestine services look a lot more like the oss than it does today which is a very bureaucratic structure and it needs to have some changes made. i don't know what kind of changes that are being considered by mr. trump. >> megyn: i just need to press you, jim, you are a gentleman for coming on. i do want to give you the chance. are you challenging the reporting by "the washington post" tonight? >> i think they were focused on

an important issue which is what type of change is going to be proposed in the intelligence community organization. especially by the trump administration two weeks. and i can't tell. what i can tell is what i see no that as a result of reforms over the last couple years, i do not think is sound. and need some rather substantial attention. >> megyn: great to see you, sir. thanks for coming on. new revelations about how this transition is really going. and what the obama administration is leaving behind for team trump. plus, should new york city be able to hide the identities of thousands of undocumented immigrants -- illegal immigrants -- from the feds. that fight is just ahead. hat toe

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>> megyn: developing tonight, with just 15 days to go before a peaceful transition of power, just how far the outgoing administration is willing to go when it comes to the incoming administration. team obama's recent spat of progressive policy moves is now prompting some to ask, is there a plan in place to undermine the

trump administration long after inauguration day? we've got charles krauthammer here on the outcome of first, trace gallagher reports on the growing tension between the two administrations. >> when it comes to immigration policy, the environment, and criminal justice, donald trump is a clear and present danger to the policy of the legislature. for example, donald trump's valley to go after the city sanctions to protect illegal immigrants. specializes in fighting the feds. california lawmakers are paying $25,000 a month but believe in the end, it will save the state money. democratic lawmakers who control two-thirds of the state legislator forgot to mention the state's economy is still struggling and the public pension system is about

$400 billion in debt. here's what g.o.p. congressman darrell isa had to say about his home state hiring holder. >> he has a bad choice, but apparently it's more of a political statement. someone who probably shouldn't have a law license any longer. >> in the meantime, while president obama is spending the last days in office trying to cement his legacy and firmly establish his policies, come noon on january 20th, then former president will be riding off into the texas sunset like his predecessor. the obama's will be watching the new administration from just down the road in d.c., ostensibly to allow sasha to finish high school. they will live in the d.c. neighborhood, the first person to immediately stay in d.c. post-presidency since

woodrow wilson. biden says he sees enormous challenges and opportunity for democrats ahead. he will be on hand to help from the sidelines. megyn. >> megyn: fox news contributor contributor, dr. charles krauthammer. he's been watching this unfold for the past two terms, what you think? >> look, all those things are true. but i think they are unconnecte unconnected. what california is doing is taking its overwhelmingly page from what republicans did when they were out of power. they used the states, to go to the courts and to try to stop obama in places where the congress was unable to. and they succeeded in doing tha that. on the environment, and also unblocking these immigrations n laws. the guerrilla warfare from the states. as for obama, he has leaving

office and he's been rejected by the country. he can see the trump agenda, the republican agenda, the control of all branches. he is prepared to systematically dismantle everything he did and make him a parenthesis in american history. i think it's natural he'd want to stay and fight. as for biden, no one has been able to keep him quiet since 1979 so i'm not surprised by that news. >> megyn: but what you make of it, it is strange when you compare what george w. bush did upon leaving office, because a pond and could've said the same thing about when he left that president obama was going to systematically dismantle the bush agenda, that he had been clearly rejected and so on. but he didn't stick around to watch it. granted, president obama has a young daughter in school and he wants her to finish. but the notion that this team is going to stay and continue fighting the will of the american people is very different than what we saw eight

years ago. >> look at what obama did today. he essentially wrote a letter justifying his eight years in office. when presidents leave office, they generally don't make a plea on their own behalf. it's beneath them. eisenhower gave a farewell address, it was about the country. obama is not going to give one next week. i guarantee it will be about himself. this really is a matter of -- narcissism is probably overstating it, but he says his own reputation is at stake. i don't think george w cared as much. i think he thought history will decide how he did and he wouldn't metal in that. as a matter of sort of decency, you let your success or operate. see how he does. and don't heckle him from the sidelines. i'm not sure obama plays on the same table. >> megyn: so you talk about legacy, if they get the right can

cheat it at this point. and we saw some of this, from the president's top advisor this weekend, who pretty shockingly said this. listen. it's become the president prides himself on the fact that his administration hasn't done anything to embarrass himself. but that's not because he's being someone who he is, he is being who he is. i think that'll resonate with the american people. >> megyn: just off the top of my head, i'm thinking, benghazi? do you like your plan, you can keep your plan. that is just an out right falsehood. outrage of millions of people being misled. the irs. you could go on. >> it is a very long list. but i think she was adopting the

clintonian term of scandal. stealing the silver from the white house as you leave. >> megyn: that's exactly what happened with the clinton administration. you are right. >> it literally happened with the clinton family. you've got to give them credit. eight years without the kind of innuendo that you generally get about the personal conduct of the president. they have been fairly clean on that. but when you are talking about assault on the constitution, stepping over the separation of powers. saying that the congress won't act, i will. which is a contradiction of the whole idea of eliminated executive. those are scandalous and they are far more damaging. i give her a pass on the minor point but on the major point, it is truly astonishing to hear it. and i'll bet you she believes i it. >> megyn: i mean, you know.

four dead people in benghazi, libya, left with inadequate security. u.s. congress suggested were -- on the memory of 9/11. why her political career could be taking a new turn. it gets what she might run for? brian kilmeade has that, plus, new york city. a new move to destroy all of those records. why? guy benson and robert zimmerman are here to tell you. next. s stomach acid at the source. ♪ tum -tum -tum -tum smoothies! only from tums

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>> from the world headquarters of fox news, it's "the kelly file." with megyn kelly. >> megyn: accusations that

city officials in new york are threatening our national security with a move to design thousands of those who are here illegally from ever being identified by the trump administration. >> megyn, new york city officials were in court today why they have records to destroy identities. to help city residents who have no form of recognized identification. most applicants are undocumented immigrants. a provision of the 2-year-old the law creating the i.d. program allows the city to purge i.d. data and documents at the start of this year. the delete option was designed to prevent a republican a administration to report undocumented immigrants. to state lawmakers, however, have gone to court demanding that the city i.d. card data not be destroyed.

they argue it is not about immigration, but criminal activity. >> this case has nothing to do with immigration and everything to do with the i.d. and why i.d. program. in conjunction with the ability to obtain bank accounts, it becomes a major security at risk. >> there are some 102 cases of fraud with obtaining the i.d. cards. mary defazio is optimistic. the city is a right to delete applicant documents end. >> our city law is abundantly clear, it is quite clear about the timelines, and the methodology, and the people to protect people's confidentiality. privacy rights are a very strong part of our law. >> he testified today that the city's minutes to pull ids are of little use to those who want

to commit acts of terror. control the court that terrorists recently arrested had their arrested. megyn. >> megyn: david lee miller, thank you. naturally, right. political editor of town hall.com and robert zimmerman. somehow they managed to get their hands on passports and licenses, birth certificates that look like they are legit, but that doesn't answer the question about whether it's appropriate here for the city to start destroying the documentation that fills in the picture when it comes to these cards. >> yeah, i think this is the type of story that causes millions of americans to question the priorities of some of their elected officials. not only of the city of new york handing out documentation to illegal immigrants. which can be controversial unto itself, they are going out of their way to destroy the public

record and wipe away the paper trail about who got these documents and how they got them. as we hear in that piece, it's not just about immigration, there are other issues at play. there are people getting official ids on their hands and access of to the banking sm and we are looking at potential fraud, money laundering and may be financing of terrorism. to me this is a political agenda driving something that could put u.s. citizens and frankly everyone in the city at risk. >> megyn: what about it, robert, you go down to the dmv and want to get a license. you basically have to give blood now. or your firstborn. they can retrieve everything and it all becomes public record. where you live, all of it. why should people who are actual citizens be subjected to that and people who are undocumented be able to just erase all of the supporting documentation supporting that card? >> that's not the case. in fact, this program is done under the offices of

counterterrorism. i am also under the offices of the new york police department that approves of this program. the documents are not the story. the city keep the permanent record of every individual's application who asks for a city i.d. and their most recent photograph. the type of documents that are destroyed are the personal data, maybe an old passport. maybe old financial information. issues around that. but i think what really the danger to our security is, what really is a threat to our country is when we drive these people who are here, granted they are hearest undocumented citizens, we drive them into the shadows and we don't know where they are. because of president-elect trumps rhetoric, threatening mass deportations, even threatening to report people who are citizens but their parents aren't, that is the danger. >> i'm i've not all it's been e fan of donald trump, especially since he was a reluctant that

the priority will be criminal aliens who also committed crimes. >> megyn: he is also said -- behind his i.d. cards, not just that identification. >> also it will be destroyed, that will be destroyed pertains to how these people are able to get these ids in the first place. i think that is significant. >> that's entirely incorrect. and by being reviewed by the new york city police department. they get it is a very scrutinizing process. out of the million that receive it, only according to your report, only 100 have had difficulties. >> megyn: if you don't like this program, under mayor de blasio, you may be in luck because he could possibly lose his position in the mayor's

mansion and we will tell you in the next block why that is. guys, robert, great to see. also tonight, new reports that hillary clinton could be about to run for office again. can you put the two things together? have you figured it out? stay tuned, because brian kilmeade has the information. and the viral video from a local cat shelter that is too great not to watch. brian kilmeade right after the break i need to promote my new business and do it on budget. i can make that happen. 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. no, i'm scheduling time to go oto the bank to get a mortgage.

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>> this law confirms that we never stop believing for what is right. >> megyn: developing tonight, news reports suggesting that her political fight may not be over. a democratic official tells us that the former presidential candidate may be doing a may oral run. brian kilmeade, host of kill made and friends, great to see you, brian. she's back it, already? what you mean? >> not only that, the clinton camp says if she runs for mayor, she will probably win because mayor de blasio is underwater. he's not like. she gets in around noon, and goes home. if she does run and win, she

might be part of the nomination and get another shot. for democrats, this would be sad. think about this, bob dole, when he lost, he left. john mccain, he left. for her to stick around and think like this kind of makes sense in that she is showing up to the inauguration, she had a chance to dip into the background. she goes in the woods a lot with cameras around. >> megyn: you could say that's orchestrated. like oh, just being a normal citizen. >> she's walking in the woods and people seem to spot here. we will find out. i think this is something she might not excel at but she might earn. >> megyn: she wants to be mayor of new york city? >> for claim and recognition to be mayor of new york city, i think would be a huge step down. >> megyn: mayor bloomberg, he

had millions of dollars. there is something parts to dish about being mayor of new york. we will continue to watch. she won 79% of the vote and then new york city. might look good. there is a new app, there is some people having trouble accepting trump as president on the left. >> your position is conceivable in fact, most of the country feels if you are a democrat or republican, the other party is doing something that will destroy the country. that hasn't stopped a 29-year-old harvard student. obviously getting learning a lot. he created an app that allows people, it's called a high from the other side. it allows you to interact with someone from the other side, like hey i am pro-hillary, hey i

am pro trump. >> megyn: that's kind of sweet sweet. they've never met a trump supporter, some people. yes, actually they are normal people. they just want a different thing than you want. >> you are so optimistic and sunny. i don't know if you've walked outside the tower. >> megyn: i am such a pollyanna. i'm such a pollyanna that i wanted to do this story about this guy and cats. >> 2016 -- how long have you been waiting to get adopted? you like hungry cats? we've got some of the hungriest cats you've ever seen. how did you get so small? you never stop eating. our cats are so fantastic, and excited about going home with you. we are practically giving them away.

you like black cats? we've got the blackest cats you've ever seen. you like big cats? we've got the biggest cats you've ever seen. >> megyn: oh. that's sweet. >> he is a contractor at a property management company, he volunteers at that place for kids. do this for me, and then read it put it up. the point is for cats to get homes, he is a mini star. >> megyn: they got some big notions but they're not getting the cats adopted. they need help. roughly 300 resident shelters there need help. it's called fur kids. in atlanta. i would like a cat that high-fives on cue. >> i get cat videos.

what's going on? i need a new producer, agent, i need something. >> megyn: you can take it up with the new host. >> i am not coming in next week. i'm not doing this show again. you are a superstar. it's been great to get to know you. >> megyn: it always makes me cry. lots of love. we will be right back. advil liqui - gels work so fast you'll ask what bad back? what pulled hammy? advil liqui - gels make pain a distant memory nothing works faster stronger or longer what pain? advil. when you hit 300,000 miles. or here, when you walked away without a scratch.

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>> megyn: new year, and knew you, happy to report that my book "settle for more" is inspiring many folks. check it out and see you tomorrow, for our last hour together. speak out tonight, america's top intelligence officials say that russian officials did not influence the elections. laura ingraham is here with the reaction. >> we are getting rid of obamacare, it is a total disaster. >> republicans are moving quickly to finally repeal and replace obamacare while democrats are dusting off their old tactics. more of our exclusive interview, with julian assange. all of that, plus