billin billingsgate, sounds like a place in london. thank you for watching tonight. ♪ >> meg >> megyn:yn breaking tonight, president obama has decided to file hate crime charges against the suspects, but we are may be only seeing the beginning of the mentally young man beingor -- tortured. we brought you this last night. four sisters are now being charged with their part in a despicable attack and they decided to pull out their

cameras and broadcast it live on facebook. police were initially suggesting that hate crime charges were not a guarantee considering scenes like this from the hate crime in question. [ bleep ] [laughter] >> it is not funny, y'all. >> megyn: but it went on for hours. hours. and the list of the things they did to this young man is dis gusting. the chicago pd defended their delay in the charges and president obama calling it despicable and that's the word and saying that race relations

have gotten better and race relations have a silver lining. >> i can promise you for the most part, that the race relations have gotten better. what we have seen over the years when it comes to the tension in communities, the internet and the hate crimes. >> megyn: what is your reaction to that? >> it is terrible. we don't benefit from pretending that racism exists. the fact that we can talk about things, means that we can solve them. >> megyn: first, we start with trace gala goer in our news room. >> after being held on tortured

for hours, the man was only able to escape because of the noise. the 18-year-old victim ran out of the house and soon spotted by police. despite the brutal chicago weather, the victim that has not been named was wearing a tank top and scandals. >> they confessed they were kicking him and beating him and made him drink toy toilet water and cut his scalp. >> during the 30-minute facebook stream, you can see the victim's mouth shut and the victim was

asked about black people. watch. >> get on the floor right now! get on the floor. [ bleep ]. it's all about black people. >> the chicago police now say that the hate crime charges were never in question, but since yesterday they say quote if this is sincere or ranting and raving. they are linked to the black lives matter, but the chicago police say they have found no link. escalating from a hate fight and what the president calls despicable. >> megyn: joining us is scott bolden, former chair of the

democratic party. it looks like a clear hate crime. it seems it was charged as one now. i don't see the difference and charging someone of their race or mental disability and he was mentally challenged and they specifically referenced his race in the video. >> i try to look at the other side, megyn. i think that you have to look at each racial fact and it is enough here to give the prosecutors enough to charge as a hate crime and look in the statute and if you select your victim because of that, it is a hate crime. i don't see the problem here. >> as a criminal defense

attorney, i'm interested in what is happening on that video. remember, there is a prior relationship. it is hard to prove a crime if there is a prior relationship? >> megyn: what? hard to prove a crime or a hate crime? >> was he targeted because he had a mental health issue or because he was white. >> megyn: now, you are on to if it is a hate crime and i'm trying to make a distinction here and you are saying it is hard to make a crime. it is not hard at all. kidnapping and battery. >> i don't disagree with the charges, but was it a hate crime? was he kidnapped and assaulted because he was mentally

challenged or a fight or some other reason? >> megyn: now, you are on to something. yes, they mentioned his race and mentioned donald trump. apparently, they were friends and some sort of fight. i don't know if it is verbal or physical and proceeded the 5-hour torture and the question is if it is going to be what that was about that led to this event. >> the arguments that he makes are relevant ones in front of a jury. but let's be real for a moment, look at the facts. which way do you think that a jury is going to go? >> megyn: why does it matter if they are charged for a hate crime. they are looking at 30 years. all four people are in prison for 30 years. >> they are going to be charged with kidnapping and agriculture

vatted battery and in prison for years for that. the sentence that is going to be imposed and we are having this debate if they are going to get more years because it is a hate crime. >> megyn: we don't know anything about these individuals. 18 and 1 is 24. if they are con workeded on this litany of charges, they are not going to jail for 30 years, so what is going to be? >> 3 to 7 years or 5 to 9 years under the illinois law. that's what you are looking for. they have to prove the crime first. and then, the hate crime is tacked on by the judge or the jury. >> megyn: look at the video. 30 minutes long. >> they are going to get time. they are going to get time.

they should. >> they are. but look for 1 or 2 to plead out and corroborate against the other. >> megyn: we have to go. thanks to see you both. the uproar over this story and one writer saying that we may need to do some serious soul searching and what we have seen about this case. the wake of protrump hate crimes. you know where people say that trump supporters go to beat down non-trump supporters and real anti-trump hate crimes and the heat and the convergence of what he called protrump narratives and one analyst on nbc is suggesting that these suspects

are too stupid to be criminals. >> looking on the surface and kids can make some poor decisions from time to time. but if they were trying to be criminal, to broadcast your crime is not a smart thing to do. >> megyn: good to see you both. i think that he's actually, usually great in the washington post. this one he's taken a lot of heat for because he's suggesting that if the attackers were white and the victim black, it would have conniered the history of white mobs against black people, but it is not approaching the same scale and people feel he'sdy mingishing the seriousness here and this could be more easily dismissed given

the narrative and this country's history. your thoughts katie? >> it plays into the narrative that a lot of people in the liberal media led us to believe that hate crimes can only be committed by minorities and to say this is trump narrative and in the video they are anti-trump and saying very racist things to this white man and doesn't lead up to hate crimes can only be committed by white people and it is not true. >> megyn: 22% of trump voters said the same about black people facing a lot of discrimination and the world view of the trump

supportersand they can find support in this one awful video. >> i don't want to diminish the larger narrative of this video from the right or the left. what happened to me and your previous segment laid out the controversies and to me, as a human perspective, it is a hate crime for the many reasons that people have outlined and are covering the story. i'm from the left and as liberal as it gets and on this particular issue, it is a hate crime and when the men were saying these racial overtones and the channeleds -- chants of "go trump". >> megyn: if the asill i can't and the victim were reversed and there has been a lot of coverage, but the critics claim

not as much as there would have been other size. >> not as much otherwise and when this story bloke and in postelection era and the very few police reports filed in the trump supporters against the people who voted for hillary clinton and here we are today and didn't mention the races of the alleged attackers and the victim. the white supremacy is prevalent in america and we have heard in the past six months to a year and only white people can commit hate crimes and i doubt that we have seen headlines that this situation that we have seen as a

horrific crime is just a compilelation of the antihillary critic. i don't know why he would do it. i'm telling that you that i read the new york times every day and that's how it gets and don't try to make this woe is me issue. legally, it is a hate crime and i don't like the narrative that suddenly saying whoa is me and people are getting oppressed. let's not diminish it by politicalizing it. >> megyn: great to see you both.

>> thanks, megyn. >> megyn: former cia expert james woolsey decided to retire. he's here next. legislation land mines for the trump team. legislative land mines you say? and hillary clinton's political future and the role that she is considering. guess what she might run for? a busy night here on "the kelly file."

>> megyn: breaking tonight, top

u.s. intelligence experts that russia meddled in the 2016 election and the former chief stopped short of saying why the kremlin did it. we will get to that next week. the director of national intelligence today walks right up the edge. chief correspondent katherine harris was there for all of it. >> the russian president pulling the strings and the intent was to help donald trump win and make sure that hillary clinton lost and confirming that russia wanted to expand its influence. >> the you arussians are hell bn establishing presence in the western hemisphere. >> saying that it is

multifaceted with the emails and the witnesses avoided calling the russian president putin by name and that it came from the top. >> the high level russian authorities is shared by all of these agencies? >> yes. >> there is a unclassified version that should be public on monday that is supposed to address who is behind the meddling and why. >> do you think in the report next week that you all will subscribe a motivation for putin for the election attempt. >> yes, we will. i would rather not, again

preempt the report. >> and the intelligence service has proved? >> all of this has been. >> identifying who delivered the story email to wick coy leeks and masquerading behind the third parties to confuse who gets the documents. the president is going to get his briefing tomorrow. >> megyn: thanks. and james woolsey just resigned and the leader of four administrations and a leading expert. thank you for being here. why did you do that? why did you resign? >> i didn't actually resign. what i said that is i wanted it

known i was working on the transition. i had helped with some of the campaign and during the transition, i was speaking to the press. >> megyn: why is that important to you that people didn't have the idea that you had the role that you did? >> the transition was over and i didn't want people saying i was a senior on the transition, because i wasn't. i didn't think that it was right to have claimed something that wasn't the case. >> megyn: the story is that he stopped using you and you were excluded in the recent weeks from russian intel matters and you were being excluded. and misrepresented. >> i didn't feel i was being

misrepresented, but i was not called upon to participate beyond the transition and i spent an amount of time talking to the press and explaining the positions of the trump organization. >> megyn: tonight, bill rukker is reporting that you were taken aback on the intelligence frame work and that you chased trump's lose style on twitter and there is more to this than you are reporting tonight. is that accurate? >> i think it is important to realize there is more than one way to reform intelligence. i have been on this issue for quite some time back in 2011

when i was faced with the intelligence matters for the committee and post 9/11 and the form and direction is not a good one. there are a lot of weaknesses and problems and we can talk about it sometime when you have time. >> megyn: trump is denying that he's going to revamp the intelligence organization. >> i think it is going to look a lot more like the oss than today, which is a very bureaucratic structure and needs to have changes made. i don't know the changes that are being considered by mr. trump. >> megyn: i don't want to press you because you are a gentleman for coming on, but i want to give you a chance. are you challenging the

reporting by the washington posttonight? >> i think that they were challenging an issue of what type of change is going to be proposed by the trump administration in two weeks and i can't tell. what i can tell is what i see now as the result of reform over the past few years, i don't think is sound and needs substantial attention. >> megyn: great to see. thank you for coming on. what the obama administration is leaving behind. they have a little surprise for team trump. plus, should new york city be able to hide the thousands of documents of the undocumented immigrants from the feds?

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>> megyn: developing tonight, just 15 days to go with a peaceful transition of power and how far the out going administration will go with the incoming administration and

leads to ask if there is a plan to undermine the inauguration on inauguration day. >> when it comes to the administration policy, the environment and criminal justice, trump is a clear and present danger to the lawmakers in california and hiring the attorney general, eric holder to represent them. eric holder is with a law firm that specializes in fighting the feds and in the end, he's going to save the state money and forgot to mention that the economy is still struggling and

the pension system is about $4 billion in debt. here's what iser had to say about his home state hiring holder. >> it is a poor choice, but a mill statement and thousands of tax dollars spent on someone who probably shouldn't have a law license anymore. >> and come january 20th, the then former president is not going to be riding off into the sunset like his former predecessor and watching from dc and the obama's are going to live in the neighborhood and the first to not leave the neighborhood after leaving the white house. vice president joe bye den says

that he's not leaving dc and on hand to help from the sidelines. >> megyn: dr. charles krauthammer, you have been watching the obama white house unfold over the past two terms, so what do you think? >> they are unconnected and california is overly democratic and they use the attorney general of the state and go to the court and try and stop obama in places where congress was unable to and they succeeded on the environment and blocking immigration. so, they decided to do the gorilla warfare from the state.

obama has been rejected by the country and he can see the trump agenda in control of all branches and systematically unfold every that he did and make him a paren thesis in american history. >> megyn: what do you make when you compare what george w bush did when leaving office? and when he left, he said that president obama was going to systematically dismantle the bush agenda and granted president obama has a young daughter in school and wants her to finish and the notion that he's going to stay and continue

fighting on behalf of the american people is essentially different than what we saw eight years ago. >> when presidents leave office, they generally don't make a plea on their own behalf, it is beneath them. eisenhower didn't make one. obama is going to make one next week. narcissism is probably overst e overstating it, but he says that his own reputation is at stake. he doesn't have to meddle in that and as a matter of decency, you let your successor operate and see how he does and don't heckle from the sidelines. i don't think that obama has the play book.

>> megyn: so they are talking about presidency and we saw this from jared and said this. >> president obama hasn't done anything to embarrass himself, but that's because who he is and i think that's what is going to rest nate with the american people. >> megyn: just hit one. just off of the top of my head. benghazi, right? benghazi and the caper plan and an out and out fall hood and resulted in out rage and millions of people being misled and the irs and you can go and on. >> i think that jared was

adopting pollute tonnian definition of scandal and it literally happened with the clintons. i can assure that it won't happen with the obamas. and you have to give him credit and eight years without the rumors and what you usually get with the conduct of in the. -- of the president. but saying that if congress won't act, i will. and the contradiction of the whole idea of a limited executive. they are far more damaging. i give a pass on the minor part, but on the major part, it is truly astonishing.

i bet ya she truly believes it. >> megyn: people l dead in bengha benghazi, it is scandalous, but we are going to leave it to the american people to decide that. charles, good to see you. hillary clinton's political career maybe taking a turn. guess what she might run for? that's next. and the thousands of people who are here illegally and why all of those the records might be destroyed. we're here to tell you. s billin. but nobody knows the box behind the discounts. oh, it's like my father always told me -- "put that down. that's expensive." of course i save people an average of nearly $600,

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talk about progress. [ chuckles ] whfight back fastts, with tums smoothies. it starts dissolving the instant it touches your tongue. and neutralizes stomach acid at the source. ♪ tum -tum -tum -tum smoothies! only from tums ♪ ♪ >> from the world headquarters of fox news, it's "the kelly file." with megyn kelly. >> megyn: accusations that city officials inew

>> megyn: new tonight, city officials in new york are threatening our national security by vowing to protect the thousands that are here illegally from being identified by the trump administration. >> new york officials were in court today explaining why the city has the right to destroy records of the id program and it was created under the governor. most applicants are undocumented immigrants and the two-year-old law allowed to purge the documents at the beginning of this year and prevent the public administration from using that information to report undocumented immigrants. administrators have gone to court demanding they are not

destroyed. they argue it is not about immigration, but criminal activity. >> it has to do with the id program and the cards and any conjunction with the ability to obtain bank accounts becomes a major security risk. >> since the program got underway there have been 200 cases of fraud to obtain the cards and the city's right to with hold the documentation is going to be upheld in court. >> it is quite clear about the time lines and the methodology and our need to protect people's identify and the privacy rights are a very strong part of our law. >> the ids are of little use to

those who want to commit attacks of terror. they terrorists had in their possession more wider forms of identification. >> megyn: joining us is robert zimmerman. getting their hands on passports and other forms to make them look legit. that doesn't beg the question that it is appropriate for the city to destroy the documentation that fills in the picture when destroying these cards. >> this comes for americans to question the authority of some of their elected politicians and 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 heard in that piece, this is not just about immigration and people getting official ids on their hands and access to the banking system and talking about fraud andter orrism and this is an agenda that can put u.s. citizens and everyone in the city at-risk. >> megyn: when you go to the dmv and it is like giving blood now and detail your first born and say where you live and why should people who are actual citizens subjected to that and undocumented immigrants be able to erase all of the information that supports that card? >> this is done in the office of

counter terrorism and the documents are not test -- destroyed. let's be clear. the city keeps a permanent record of the picture from the id and the other documents is old financial information and issues around that. what i think is really a danger to our security and a threat to our country and these people who are here and undocumented and drive to them to shadows that we don't know where they are. and trump threatening to deport illegal immigrants and their parents, even if they are legal. >> donald trump has been very

clear and the priority is going to criminal alien ship and people who have come here illegally. >> megyn: he's made a lot of comments and what about getting the supporting documentation behind these id cards? >> not for the feds and what is will be destroyed pertains to how these people got these ids in the first place. i think that's significant. >> it is a very scrutinizing process and out of the million -- >> they don't just go away. >> out of a million who received it, only a hundred have faced difficulty. >> megyn: if you don't like this, and the governor, you maybe in luck because he may

lose his position in the mayor's mansion. we are going to tell you coming up. and new tonight, reports that hillary clinton could be running for public office. have you put the two things together? have you figured it out? stay tuned because we have the information. and the viral video that is too great not to watch. tell me after the break. oh, that's lovely... so graceful. the corkscrew spin, flawless... ...his signature move, the flying dutchman. poetry in motion. and there it is, the "baby bird".

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fighting for what is right is worth it. >> megyn: developing tonight, a new reporting suggesting that hillary clinton's political may not be over and the democratic candidate is being urged to launch a campaign for new york city and she is talking about it. great to see you, brian. not you alan. [laughter] she's back? what do you mean? >> not only that, but according to the story and if she is viable and runs for major, she will win. if she does run and win and it is viable and the theorys that

trump implodes, she may give it another shot. >> megyn: come on. >> for democrats this is sad and donald trump has to go and for her to stick around and think like this. she showed up at the earn nag ration and walk around with cameras around and it is all organize traited. >> megyn: and just walking around like a normal citizen. >> i do in this is something that she will not excel at, but might earn. >> megyn: she major of new york city? >> i think it would be a huge step down. >> megyn: he had billions of

dollars and this is a price -- prestigious thing to be major of new york. and there is a new app, so tell us about the app. >> 40% of the country, whether you are a democrat or republican and this new position is inconceivable and that the other party is doing things that is destroying the country. a 20-year-old business student at harvard and we are backtracking a lot. >> megyn: you went there. >> and it is called hide from the other side and log on and from the other side.

hey, i'm pro-trump or pro-hillary and explain your side of the story. >> megyn: that could be good and many people have never met a trump supporter. >> you are so sunny and positive. and it could heal america. >> megyn: you have no idea what a polly anna i am. i wanted to this segment. watch. >> how long have you been waiting to be adopted? you like hungry cats? we have the hungriest cats you have ever seen. how are you so small? you never stop eating fatty. we are practically giving them

away. you like big cats, we got big cats. remember that. these are the biggest cats that you are ever going to see. >> megyn: aww. >> you are getting upset. >> megyn: it is sweet. >> he's a volunteer and at a place with kids and they said that funny, do a video for me. and he put it up. of course, the goal is to get the cats home. >> megyn: the problem is they have donations, but not getting the cats homes. the cats all need a home. it is call fur shelter in atlanta. high five of queue. >> here's the thing, how come charles krauthammer gets to talk

about politics and trump and i get to talk about cats? >> megyn: take it up with the new host. >> i'm not doing the show again. that's it. i'm putting the line in the sand. you are a superstar. it has been great to see you. >> megyn: good to see you. lots of love. we'll be right back. 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. oh, how waso good!en house? did you apply? oh, i'll do it later today. your credit score must be amazing. my credit score? credit karma. it's free. that's great! um hm. just whip bam boom, it's done. that apartment is mine! credit karma. give yourself some credit.

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my book you settle for more is inspiring a lot of folks. you could be one of sdmem should be read by every person. dhek out and see you for our last hour together. cleared together. canned can clearspeak out tonig p intelligence officials say that russian officials did not influe >> they did not change any talleys or any of that sort. laura ingraham is here with that reaction. >> we are getting rid of obamacare. make america sick again. they all weigh in. >> and more of our exclusive interview with julian assange. and all of that and