tv The Kelly File FOX News July 28, 2015 6:00pm-7:01pm PDT
krauthammer and me to talk about that tomorrow. again, thanks for watching us tonight. miss megyn is next. i'm bill o'reilly. remember the spin stops here. we are definitely looking out for you. breaking tonight, new fallout from a controversial article about gop front-runner donald trump and spousal rape allegations raised by his wife during their divorce proceedings nearly 30 years ago. welcome to "the kelly file," everyone. i'm megyn kelly. it broke at "the daily beast" website. it quoted ivana trump saying donald trump made me feel quote, violated during sex and describing a physical attack by donald trump that sounded a lot like spousal rape. hundreds of media outlets ran with the story which "the kelly file" raised questions about last night including network news operations and the major papers in new york l.a. washington and beyond. and then a dramatic twist.
ivana trump herself put out a statement earlier today saying quote, i have recently read some comments attributed to me from nearly 30 years ago at a time of very high tension during my divorce from donald. the story is totally without merit. donald and i are the best of friends and together have raised three children that we love and are very proud of. i have nothing but fondness for donald and wish him nothing but luck on his campaign. despite that statement the daily beast is standing by its story. tonight we are joined by tim mack the senior congressional correspondent for the daily beast who wrote this piece and howie kurtz, host of media buzz on fnc who covered the trump reporter for "the washington post." we begin tonight with tim. you are under fire for writing a piece about a man's divorce, allegations made in it from three decades ago. why did you think this was relevant? >> i think it's relevant because donald trump introduced his presidential campaign by making
these accusations against mexican immigrants say that go many of the people who cross the border were rapists. i think it's worth looking whether or not there have been any allegations made in the past about him on that matter. >> so did you look to see whether anybody had ever accused him of murder or committing other crimes? it is a statement of fact that some of the people who cross the southern border are rapists and murderers, so why does that suddenly draw into -- make relevant any allegation that's been made against the presidential candidate? >> well look like you mentioned, donald trump is the republican front-runner. he deserves to be looked at. his history should be looked at. what's important here is that eye ivana trump did make these statements about an incident in 1989. and she acknowledged them again in a book that was published in 1993. we're simply looking at those facts. i think with the presidential campaign there's new relevance to them. >> there's no question. now she says the story is false.
it comes from a deposition in a divorce proceeding where the book that cites the deposition was taking court documents and her own testimony. so it appears she may have softened on this issue over the years. but that doesn't answer the question about whether your reporting is fair or relevant. as i pointed out on the air having practiced law for ten years, divorce proceedings are notoriously ugly. and spouses often -- often -- say things that aren't true and that they later live to regret. and how did you account for that reality in your reporting? >> yeah i think it's relevant for the reasons i described. it's fair. and it's factual. >> you're not answering my question. >> sure. i think that we accounted for it by looking at the context of the issue. i mean if ivana trump now currently has reconciled with donald trump, i think we need to acknowledge that when we see her make these statements saying it has no merit. >> did you reach out to her for comment? >> of course we did. >> and she didn't give it to
you? >> she did not. i reached out again today and i haven't heard from her. >> all right, now let's talk about what you did do because you spoke with a representative for the trump organization. a guy named michael cohen, an attorney for mr. trump, and he directly threatened you. i want the viewers to hear what he said. this is one of the many things. he said quote, i will make sure that you and i meet one day. this is if you publish it. while we're in the courthouse. i will take you for every penny you still don't have and i will come after your "daily beast" and everyone else you possibly know. tread very f-ing lightly because what i will do to you is going to be f-ing disgusting and went on to say i'm going to mess your life up as long as you're on this f-ing planet and it went on from there. not taking a stand on whether the report was fair your reaction to that kind of language and threat from a man directly representing a presidential contender?
>> yeah i think it raises questions about the sorts of people donald trump has surrounded himself with. one other point made was when we broadened allegations of donald trump's special counsel, michael cohen who you're referring to he said spousal rape was not illegal. in fact it's been legal -- rather it's been illegal since 1984 in the state of new york. >> correct. >> and illegal across the entire country. >> he was wrong on the facts, wrong on the law, and he was deeply offensive in his tone. so today after his spousal rape justification, he had to come out and try to clarify the matter issuing a sort of apology. you tell me whether you feel apologized to because he took another shot at you today and said i want to clarify my statement as an attorney husband and father there are many injustices that offend me but nothing more than rape or racism. they hit me at my core. rarely am i surprised by the press but the gall to make such a reprehensible and false allegation against mr. trump truly stunned me.
i made an inarticulate comment which i do not believe and which i apologize for entirely. your reaction to that? >> you'll notice he doesn't actually identify which comment he is actually apologizing for. i'm not sure what he's apologizing about. is he apologizing about the threat, about his false interpretation of the law and spousal rape or is he apologizing for the abuse that he heaped upon "the daily beast" reporters including myself? i'm not sure what he's apologizing for. >> he was inarticulate. another word for it is wrong, but that does not appear in the statement anywhere. tim, thank you for being here. >> thank you. >> joining us with more is howie kurtz, host of "media buzz" here on fnc. so we'll get to mr. cohen and his tactics in a minute right? all right, mr. cohen, guess what, now you're representing the front-runner for the republican nomination so act like a grown-up okay? that's one thing.
but let's stick with "the daily beast" and this report howie. it's relevant because trump made a reference to rapists crossing the border from mexico. >> i'm sorry. that is such an incredible stretch. this is an appalling story that never should have been published. to take a 25-year-old single allegation by an ex-wife during a hotly contested divorce and try to make it as if trump raped his wife when he said in a statement subsequently that was included in this 1993 book she didn't mean rape in a criminal or literal sense is the epitome of a cheap shot. >> they don't like him. they wanted to do a hit piece on him, is how it seems. and so they blew up an allegation from 30 years ago. i wonder if we'll see the same thing about the rape allegations made about bill clinton who would be the first gentleman in this country and who would presumably be the husband of the presumed democratic nominee.
>> it did read like a hit piece, and i have to say having covered this at the time in new york it was a titanic tabloid war. it was ugly with all kinds of personal accusations. >> as they often are. >> exactly. i don't say, by the way, trump's personal life should be off limits. when i interviewed him last month, i asked him about the three marriages and the affairs and marla maples and whether this made him a questionable role model. but the way that they dredge this up and here we have the alleged victim right, ivana trump, is portrayed in the piece having suffered this horrible fate at the hands of her husband, she comes out today and says without merit i support donald. >> i know that, howie, but in "the daily beast's" defense, they're basing this off a book published a few years after the divorce and the author purports to have received the deposition transcripts. if that's ivana trump's testimony, it's fair game. she may have had a change of heart. she offered a statement to the book author when it came out and did not deny the story then.
all this time later she's denied it. i think "the daily beast" is fine on the factual allegations they're reporting on. i'm not saying they're true i'm saying they had a legitimate basis to say it happened as they claimed. the question is whether the story is relevant. >> exactly. and this is what people hate about the media and why trump has had such success in beating up on the media because what is the relevance of this old contested eded allegation to whether donald trump should be the republican nominee or president of the united states. >> and you have to remember what happened in the divorce proceedings. lies are made people are angry. the final question mr. cohen, thoughts on him and mr. trump's relationship with this man? >> look this kind of bullying and threatening language used against a reporter, you know it may work with the entertainment press. it has no place in a presidential campaign. it sounds like something out of a "godfather" movie and that made news a story deeply flawed. what cohen said and the way he handled it and he's speaking for
trump, like when donald trump beats up on the president, he does it with a smile. this sounded like bullying and there's a reason now that is resonating beyond the original words published by "the daily beast." >> absolutely right. good to see you, howie. >> nice to see you, counselor. >> you should see all the people who have come out now and said he's a bully. he's been trying to bully people in the press. who knows whether trump knows it's happening. i'm not suggesting that. he was out of line. new fallout on an undercover video that catches planned parenthood execs in a series of tapes that has the group on the ropes. in just a moment a report on what it shows and republican presidential candidate dr. ben carson weighs in on what it means. plus -- [ bleep ] >> get somebody here now. >> he just shot my husband! >> we have our hands on the 911 call from a frightening road rage incident that involved
drawn guns shots fired, a small child, and now serious legal questions. plus governor and presidential candidate kkchris christie had a fiery run-in over gun rights. he is here on that in moments. >> so don't talk to me about being anti-gun as governor and raise something to me that was 20 -- listen that was 20 years ago. and if you want to debate me come in the top ten, run for president, and come to fox in cleveland on august 6 and i'm happy to debate you.
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mutual insurance. developing tonight a dramatic new hidden camera video catching planned parenthood executives in a series of tapes that has the group on the ropes. this details the harvesting of fetal body parts but takes you inside the lab in a moment that is deeply disturbing. planned parenthood is again, dismissing this video as it has the other two as another attack on women's health by quote, extremists. in moments we'll be joined by republican presidential candidate dr. ben carson who just spoke on this issue. but we begin tonight with shannon breen who reports from washington. >> reporter: we have to warn our viewers this contains graphic images of aborted fetal body
parts. some of our viewers will likely to find that upsetting. talk to go a doctor about pricing for parts and organs from the fetus that was just over 11 weeks into a pregnancy. >> that 11-6 was pretty good. there were three or four samples. that would be if we were doing 50% to 75%. that would be 200 or 300. we'd be comfortable. stuff like that we don't want to be a flat fee of $200. >> i think the per item thing works a little better because we can see how much we can get out of it. >> planned parenthood said they get reimbursement but has never made a profit. check out the companies that do provide fetal remains for
purchase. it raises questions. the undercover videos we've seen of planned parenthood affiliated doctors quoting potential prices put them at $3,100 per specimen but check out the online ordering system for stem express, one of the companies that does reportedly with planned harnthood, pricing for a fetal liver in one case up over $24,000 n. a statement they say they pride itself on complying with all laws. by the way today senator rand paul announced the senate will vote on a measure to defund planned parenthood. >> shannon bream, thank you. just hours after this video was released a rally was held in washington. among the speakers republican presidential candidate dr. ben carson a retired pediatric neurosurgeon the author of "one nation." dr. carson thank you for being here with us. as a doctor i don't know if it's as shocking to you to see body parts like that you know having worked in medicine for as many years as you did, but, i mean i apologize to the viewers
for the graphic imagery, but that's what's happening. fetal body parts are being donated, they say, by the mothers, for research and the callousness with which everyone involved in the process discusses it just seems disconnected from what's actually happening. >> well it's the gradualism that is inflicting our society where we're gradually giving away more and more of the morals and values that made us into a great nation for the sake of political correctness and, you know i have a hard time believing that a lot of democrats and progressives can actually just look at this and say, ho-hum it's just a clump of sales. and, interestingly enough that's the excuse that they give for, you know abortion it's a clump of cells. it's not really a human being. if it's not a human being, why are you harvesting organs from it? they don't mean anything either do they? you know i don't think they even stop to listen to
themselves. but it's just been so gradual that -- i'm glad this happened so that people can be shocked into reality. >> you know their point. their point is abortion is legal. might as well do something to advance medical research with the products of that abortion i.e. fetal body parts that might help solve another issue or cure another disease. >> well we can solve those problems and we can cure those diseases with other mechanisms that don't desensitize us to the butchering of babies. that's the bottom line. the same people who do this are the people who are so angry with anybody who disagrees with them. and wants to destroy their name wants to destroy their livelihood their family. it's sort of an evil hatred that is permeating us because we're giving away our humanity. >> here is the question politically, to shift it to the political arena, the democrats
and planned parenthood are going to say this is part of the republicans' war on women. they want to shut down funding to planned parenthood because they want to take away your right to birth control. they want to shut down the one group that young minority low-income women use to get their birth control and make no mistake about it they're after it. they're after the pill. they're after preventative services they can get as a young woman, and they're going to use it. there was a poll out by a democratic group today, though still a legitimate poll that suggested the majority of people are against defunding planned parenthood. >> well you know the relationship between that baby and the mother is one of the most sacred relationships on the planet. and that baby is in that mother's womb because she is the one who wants to protect it and we've allowed people to come in and distort relationship and make that woman feel that baby is an inconvenience to her. it's her enemy and she should be able to destroy it and anybody
who stands in the way is obviously against her and is involved in the war on women. stop and think about how silly that sound. we've allowed these kinds of distortions to come in and people don't actually use their brains to think about these things. they just say, oh, yeah yeah that's what they said. that's what's right. >> the latest fox news poll shows 44% of the country say they're pro-life. 44% say pro-choice but videos like this and stories like this have the potential to change those numbers as we saw after the case received a lot of attention. >> life liberty and the pursuit of happiness, you can't have life liberty and the pursuit of happiness if you don't have life. >> dr. carson thank you, sir. tonight the coast guard says time is growing short in the search for two young teens lost off the florida coast after their boat capsized. we'll show you what remarkable steps the families just took to bring in extra help with the effort to find them.
plus with nine days to go until the fox news' very first republican debate in cleveland, we have the latest numbers on where the field now stands including governor chris christie who joins us right after this break to talk about his campaign and the issue of guns and why someone is trying to make that a story. watch this. >> this is the kind of garbage that people put out who have an agenda. work for the candidate you want to work for. that's fine by me. don't come in front of this people and lie about my record which is what you did.
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we're going to make our decision however. trump, bush walker rubio and huckabee in the top group. carson cruz paul christie and kasich round out the top ten. the others are still within striking distance. so the next few days will be critical for the entire field. case in point new jersey governor chris christie who was campaigning in iowa over the weekend when someone in the audience started to attack the governor as anti-gun. we cut a little of what followed. >> listen i understand you've got a point of view. but your point of view is dead wrong. go and look at the record. you just raised a 50 caliber rifle. as if that was something that i did. i vetoed it. so i don't know where you're getting your information from but your information is wrong. i vetoed the .50 caliber and
reduced magazine size. if that's someone anti-gun and gun rights. if you have a point of view have some facts to back it up. what are your facts to back up that i'm anti-gun? oh no no. so now -- so now you are interpreting intent. i have to get muscled into it by who? who's muscled me? so don't talk to me about being anti-gun as governor and raise something to me that was 20 -- listen that was 20 years ago. if you want to debate me come in the top ten, run for president and come to fox in cleveland on august 6, and i'm happy to debate you. but here is what you'll have to do then and what you failed to do this morning. come up with one fact. no. no you didn't. one fact and one thing i've done as governor of new jersey that's done anything anything not to support the rights of legal gun owners. this is the kind of garbage that people put out who have an agenda. work for the candidate you want to work for. that's fine by me.
but don't come in front of this group of people and lie about my record which is what you did. >> joining me now that man, republican presidential candidate and the governor of new jersey chris christie. governor good to see you. so why did that get you so fired up? >> thanks megyn. because i don't like people that aren't telling the truth to folks about my record. i'm happy to defend any part of my record with you, megyn, on your show any number of times over the years. this is a guy with a sketchy past who was bringing up things simply not true. >> do you think he worked for one of your opponents? >> i have no idea but it doesn't really matter. when i challenged him, as you saw there, to come up with one fact he couldn't come up with anything. >> this is how they go after you, the people who want to attack chris christie on guns say new jersey is anti-gun. i realize most of these things were put in place before you got
there. but the nra doesn't love you. they gave you a "c" rating and didn't invite to you their conference in 2015. that is their evidence you must be anti-gun. >> it's simply wrong. when you look at the record the record doesn't back that up or indicate it. all these laws in effect in new jersey were put into place before i was governor. i vetoed a number of expansions of those type of measures and i pardoned a number of people i thought were caught unfairly in the system in new jersey that i think is overreaching and hostile toward legal gun owners. those are the facts, megyn. all the amount of yelling and screaming about it won't change that. >> did you work to loosen any of the gun laws? that seems to be one of their objections. >> not with a democratic legislature, megyn, that was passing me bills to reduce magazine size. we were not going to get the vote. i knew we were not going to get the votes. >> it's a waste of time. it's not going to happen. >> yeah it's a waste of time. what i've done through our administrative code i have made it easier in response to some incidents for people to get
permits more quickly than they were before but those are the only things i can do administratively. the main gun laws are statutory and as you know if you don't have the legislature to go along with you, you can't do it. >> a lot of attention on hillary clinton this week and the referral of her e-mail scanned into the fbi to look into that. did you see as much coverage of that as we did about a possible indictment of chris christie for the bridgegate matter which did not come to fruition? >> i'm waiting for the nightly special on other news networks. i'm waiting for the breathless front page stories of "the new york times" that they don't back off every time hillary clinton yells at them. the fact is we know it's completely biased unfair disparate treatment. this should be looked into against hillary clinton and, you know there should be fair coverage of it. it was completely overblown, biased, unfair coverage of what happened with me and with her they give her a pass.
>> governor it looks like we'll see you in cleveland. time will tell. >> yes, you will. you will. >> all the best. >> i'm looking forward to seeing you. i will be there. >> okay good. don't yell at me. or do. it might make for good tv. >> don't yell at me either megyn, you're pretty tough yourself. >> see you soon. speaking of hillary clinton, there are new requests about the fbi now to look into this e-mail scandal and her secret e-mail server and there are new questions about what happens if her troubles get worse? brit hume is here next on the investigation and the fallout. plus with time running short for the search for two young teenagers lost at sea, what remarkable steps their families just took to bring in extra help. and one of the most frightening 911 tapes we've ever heard when a family with children in one car gets in an armed showdown with a very angry driver in another car.
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long-lasting relief. try gaviscon®. well, a new twist in the hillary clinton e-mail scandal today. speaker of the house john boehner renews his demand for mrs. clinton to turn over her private server to an independent investigator. it comes after new revelations from two federal watchdogs suggesting there may have been a breach of national security on the personal e-mail server used by then-secretary of state hillary clinton. they have referred the matter to the fbi. fox news senior political analyst brit hume joins us tonight. so this wound up being a media issue, but what i just said it true. this has been referred to the fbi to see whether she had classified information on there that she never should have had
and the calls are growing for her to turn over the server and come clean once and for all with the american people. what do you make of it? >> well more specifically megyn, this referral by the watchdogs were inspectors general. and i don't think they quite referred to the fbi just to determine whether she had classified information in her e-mails. they determined that themselves. they looked at only 40 out of thousands of e-mails and found that four of them had classified information. and we've heard secretary clinton say that she never sent or received any classified information. i thought she was going to try to fall back on the idea that well she never attached any classified documents to any e-mails or forwarded or sent any such documents, but she's talking about information which i think is what the inspectors general -- the inspector general meant. they found information she was speaking of in these e-mails that was classified and classified at the time that the
material was transmitted. >> which she denies. >> well she does. >> she is on camera -- let's just play the sound bite. listen. >> i am confident that i never sent nor received any information that was classified at the time it was sent and received. >> just note to self when denying a crime do not wear the black and white striped outfit. just as a future thought. but she is denying it and the inspector general is saying it's true. >> that's right. and i have very little fifth that any kind of a serious investigation of this would be undertaken by this justice department. however, you hear speaker boehner come out and call for the release of her server. this whole episode means that this thing is not going to go away. and it feeds into something i think is an increasing burden to her.
and that is the sense, i think it's a valid sense, that she's a liar a habitual continual liar. >> wow. >> and the list of her hot ones goes back a long way from claiming back in the arkansas days that she made a killing in the commodities market as a novice investor by reading "the wall street journal." her claim that she was aunder fire in bosnia. both those things were false. she made claims about where her daughter was during the 9/11 attacks which turned out not to be true. she said she didn't send any classified information, the inspector general now says she did. she said she never got a subpoena. turns out she did. the list is pretty long and i think it has reached a lot of people. she's been around a long time. i think people have a sense she tells whoppers. >> always good to see you. >> thanks megyn. >> former obama white house press secretary bill burton.
you agree it's subliminal it sinks in. i don't know if i believe. i learned long ago never to comment on what women politicians are doing. >> smart move. i can get away with it. it's not good for her the inspectors general are saying something different than she is referring to the fbi. >> i think boehner, all the republican critics who are trying to make hay of this would have much firmer ground to stand on if they said we want hillary clinton's server but we also want condoleezza rice's server. we also want the private e-mails of colin powell. we want everybody's private e-mails and we want to have a full accounting. that's not what people are saying. what people are doing is trying to make a point in a political race. and at no point is hillary going to quiet all of the skeptics and her political opponents. she's just not. if she were to give up the server it's just one more way to slice the salami to try to get at something else with
hillary clinton. >> what do you make of the polling decrease she's had, though the favorability polls have gone down from 48% to 43%. unfavorable up to 46% to the point "the washington post" is saying democrats may be coreonate coronating a wounded queen. >> when you're in hillary clinton's position where she is the presumptive nominee for the democratic party, up against 16 17 republicans who are all using hillary clinton as a pinata in their public appearances, of course her public approval rating will go down. republicans are quite focused on coalescing republican support and independent support against hillary clinton. >> is there any backup? do you see a meaningful backup on the democratic side? >> a meaningful backup what do you mean? >> if her candidacy implodes? >> well look i don't think -- i think hillary clinton has shown she's as resilient as anyone who has ever been in
public life. i don't think there's any real -- there's no real threat of that happening. but, you know i'm sure republicans would love not to run against hillary clinton. i think it looks like even though she's going to get a vigorous fight from bernie sanders and other democrats she's going to be the nominee. >> bill great to see you. >> good to see you, megyn. tonight new developments in the two teenagers lost at sea and what their parents have done to widen the search and what the coast guard is now saying. and then a florida road rage incident ends in a deadly shooting. next, who really is at fault here. ♪ every auto insurance policy has a number. but not every insurance company understands the life behind it. those who have served our nation. have earned the very best service in return. ♪
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we're legalzoom and we've already partnered with over a million new business owners to do just that. check us out today to see how you can become one of them. legalzoom. legal help is here. a maniacs are following me trying to run me off the road and [ bleep ] my guns already out. it's cocked and loaded. they're following me to my house. i'll be there in 20 seconds and the guns are already out. >> those are some of the last words captured on a 911 call before a deadly shooting outside of a man's florida house. both sides of the fatal road rage incident were recorded in real time from inside both vehicles. we're going to hear from the attorneys in a moment.
but first, greg gallagher will walk us through what happened and, man, it's not good. trace? >> reporter: not good at all. it went on for several miles and more than nine minutes. both vehicles were on with 911 almost the entire time claiming the other driver is the one being crazy and both drivers refused to back down. listen to more of their conversation. >> i'm going home. the guns are coming out and i'm going to put it to their head. >> don't take them to our house. >> he's going to flip me off? [ bleep ] >> if he does that he'll go to jail. >> the driver with the gun is 51-year-old robert doyle. as doyle pulls into his neighborhood he's still being followed by 44-year-old gonzalez and neither man is willing to give an inch. play it again. >> oh, no. >> we're not going to follow him. >> oh, we're going to follow him
right to his house. >> oh, no no. he's not going to follow him to his house. you guys need to go home. where is the truck at now? >> he's right on my [ bleep ]. >> hold on for me, okay? >> going down right now. >> reporter: and it went down. moments after the cars stop and the drivers get out, the threatened violence becomes very real. listen. >> he's got a gun! >> get somebody here now. >> ma'am, i need you to get out of there. >> he shot my husband. >> how many typesimes was he shot? >> i don't know. he fired multiple times. the guy just kept charging at him. >> reporter: robert doyle is charged with second-degree murder because police believe he was the aggressor. megyn? >> trace, thank you. a new york trial attorney and fox news analyst and a criminal defense attorney and former prosecutor all right, mar-ther
let's figure out what happened here. so doyle is the guy who was charged. gonzalez is the guy who wound up dead. on the tape you hear gonzalez say i'm going to whoop his "a" and he's following doyle. he followed doyle to his home. doyle's the one who says i've got the guns out and doyle is the one who fired the guns at gonzalez who was following him home because somebody was expressing road rage. i don't know who did it first, but the point is i'll ask you, arthur why have they now charged doyle with second-degree murder when this other man was following him home to the house and saying he was going to get out and whoop his you know what? >> that doesn't rise to the level to invoke the stand your ground rule, the stand your ground law. you need to be threatened with death or serious physical injury. serious physical injury means broken bones, blood. it doesn't mean some guy punching you. no mark i just read the statue.
i just read the statute. and it has to do with what the perception is by mr. doyle and if mr. doyle has to see someone coming at him with a gun, a knife, a bat, or if he's evander holyfield or mike tyson, someone who could kill with you one punch but man on man, mano a mano you can't execute someone -- >> and that's clearly how the cops felt, too. go ahead, mark. >> i disagree. no one in the statute, i've been practicing over two decades, does it say a gun is needed a bat is needed a knife is needed. what is needed is reasonable fear of death or great bodily harm so let's back up. in traffic you hear doyle, the shooter, saying this guy is trying to run me off the road. so doyle is already in fear for his life. then the victim follows him to his house in spite of 911 saying back off, go home. he doesn't go home. he gets out of his vehicle. he wants the shooter's address
he could have stayed in the vehicle. he gets out and he lunges he goes towards the shooter and the shooter has an argument he feared death or great bodily harm. >> there was conflicting eyewitness testimony on that arthur about what gonzalez did when he got out of the car. >> correct. there's a witness apparently that says once the gun is displayed by doyle that gonzalez stops and retreats. and then look at doyle's actions afterwards. he then goes to the car with his gun out. he pulls out the wife the daughter -- >> objection. >> and the grandchild and pulls -- >> stand back. >> when you're figuring out whether we're charging him with a crime or not a crime, that is all relevant. >> go ahead, mark. >> let me just say this those are horrible facts and quite frankly i would move to exclude that. the issue is at the time of the shooting how he felt did he fear reasonably this guy was going to commit harm? and obviously the distance from the shooter to where his body laid at the final resting place
will dictate volumes as to how close he was and whether he was coming toward him or not. >> and they're having -- they're having -- both men behaved like idiots first of all. >> thank you. i was afraid to say that but you're so correct. grandfather with his grandchild in the car following him. that's ridiculous. here is doyle instead of going home -- >> you don't follow the guy to his house. the man is dead. you don't follow a guy to his house in a road rage incident and whip out your gun and shooting when said man gets out of his car. you wait to see what's happened. you're on the phone with police. if he's charging you it's a different story. it's great to see you both. you got to have a laugh, don't you? the next story is heart wrenching everybody has been following it wondering what has happened to those two young boys missing at sea. the efforts now have been expanded to cover a massive stretch of ocean. we'll so you what's happening there next.
at this hour the coast guard increasing its efforts in the search for the two missing teens lost at sea off the coast of florida. the 14-year-old boys were last seen purchasing fuel for their boat on friday. and according to the coast guard they are believed to have been headed for the bahamas, although their mother don't believe that. in a 19 foot single engine fishing boat seen here. the boat was found two days later more than 180 miles north of where the teens first set sail. no sign of the young men. alex from our fox affiliate is outside the boy's neighborhood. alex? >> here in this neighborhood the families are hoping upon hope the boys live across the street from each other. on the georgia florida border today in the atlantic there was
a glimmer of home as a cooler was found. the coast guard went to check it out. it turned out to be styrofoam nomthe not the hard cooler that was on the boat and that's missing. al the families are hoping these boys could be clinging on to it. their 19 foot fishing boat was found capsized on sunday. the search so far has again centered off the florida georgia line. the coast guard is using 13 assets planes helicopters, and boats to search an area the size of west virginia. today perry cohen's father said they weren't allowed to go beyond the jupiter inlnt. they went into the ocean. the coast guard said they believe the two boys were going on a fishing trip to the bahamas. the families have said they believe the two teens both 14 years old were just going to
fish off the coast of florida. they are waiting for any word on these two boys in this search that has been going on since friday. joe nameth lives in the neighborhood the nfl hall of famer. he has encouraged people to participate in this search. >> alex, thank you very much. time isout. the experts say if the boys are in the water, time is running out. but there may still be a window e. we'll be right back. bp 64/40 sterilize sites.. we'll be right back. we'll be right back. multiple foreign objects in the body. tweezers. (buzz!) (buzz!) if you're the guy from the operation game, you get operated on. it's what you do. (buzz!) if you want to save fifteen percent or more on car insurance you switch to geico. it's what you do.
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tune in tomorrow night, dana pureena and dana lash are here. we always do this on the wednesdays. it's worth your while. go to facebook.com/thekellyfile. thank flz watchess for watching, everyone. tonight. >> it never happened. it was total nonsense. they know that. >> the mainstream media attempts to smear donald trump with a decades old allegation that his exwife has repeatedly said is false. >> maybe it was a lawyer tactic or something. a shocking and very graphic videos exposes planned parenthood parenthood's illegal body tissues. senator rand paul is working to defund the organization. he is here exclusively tonight with reaction. >> i will not poolshz andapologize. >> governor huckabee is not backing down about his comments about the nuclear deal. he's