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tv   The Kelly File  FOX News  August 12, 2015 6:00pm-7:01pm PDT

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september 22nd. check that out. that's it for us tonight. thanks for watching. i'm eric bolling in for bill o'reilly. the spin stops here because we're looking out for you. breaking tonight big news for the gop presidential field as a new poll out of what's seen as one of the most critical states in this election suggests republican voters may have some new favorites. good evening, welcome to "the kelly file," everyone. i'm megyn kelly. it's no secret every candidate in this race is looking to win the coveted hawkeye state of iowa. it was scott walker enjoying the view holding the first spot place in iowa for months. but a new poll out today not only puts donald trump at the top of the heap among likely republican caucus goers, it also
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shows dr. ben carson knocking governor walker down into third place. look at the numbers. putting the previous frontrunner into the single digits along with every other candidate besides the top two in this race. joining me now, fox news digital politics editor chris stirewalt. what does this tell us? >> it tells us people don't really like politicians that well since the two guys leading the pack in iowa neither have ever held elected office. donald trump has run for president before but certainly wasn't one. and the only -- it's the only commonality between the two. you have on the one hand a studious kind-hearted mild-mannered gentle man in ben carson and the polar opposite in donald trump. who is brash, who likes being unrefined. he likes being unvarnished. what they have in common is they ain't politicians. >> so they're looking for the outside washington person.
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you see that. even when you talk to voters and you hear them in the focus groups and so on they're sick of washington. they hate washington. and yet, you know i hear from a lot of people we love ben carson but he can't win. some people say the same thing about trump. because they haven't held elected office. and the theory is why would they elect somebody who has never held elected office to the presidency as the first time? is it possible? >> well anything is possible i guess. but i would have to say this. this is august. and what people are doing now when they say who they're backing, part of it is to send a message. a lot of trump's support is about sending a message to the republican establishment. it's a weaponized voter preference. he's like an epithet you can hurl at of the party and say, oh well trump you! take that. i hate you guys and what you do! carson is something different. if ben carson finds a way to -- people connect with him, they relate to him. he engenders love among
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supporters. >> even evangelicals in iowa love him. they loved the moment when he closed the debate. >> it was beautiful. he may not have had as many exact seconds as jeb bush or somebody else in the debate. everybody i've talked to and all the polling reflects he made the most of it. his answer in speaking from the heart and talking sincerely as a non-politician meant a lot to people. you could see ben carson as a potential iowa winner. >> he had the line where he talked about is he only one on stage who took out half a brain. another line from the debate that comes to you just like that. the rules of privacy and recency. people remembered ben carson. who are the people who are behind donald trump? we have seen -- let me put it on the board. the clear politics average of trump's lead in iowa. back on july 22nd 8.5. august 2nd after the debate surging to 20. now it's down a little but not much. who are the folks in trump's
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camp? >> we need a little more time to figure it out. no offense to the good people at cnn. i want more polling before i come to a full conclusion. i can say this. let's, roughly speaking split them into half. there are half of the people who really believe in donald trump. half of the people who say, this is the man. this is the answer of the future of america. get the hat, make america great. then there is the other half which, as i say, maybe are just more into crashing the republican party. they're more into sticking it to the man than they are for donald trump himself. the problem for trump is that first group may stay with you for a while. that second group, if they're making a protest as they back you, those people are harder to keep with. i want to see into next week how we're really looking in iowa. >> new hampshire too. we saw a bit of a fall for trump and a couple of the others last night. though he is still leading. with a more few days we'll know more there as well. joining me now with more dana
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perino. a former white house press secretary under george w. bush. author of the good news is. the good news in the polls is for whom? >> trump would say i'm winning. he says i'm winning and the polls show it. i've been watching and saying for a while that ben carson had stayed up like in the top three or four in all of the polls, for months. >> very consistent. >> a lot of people would write him off and say he could never win. but they said that about barack obama. >> but barack obama had held local office. u.s. senator. >> sure. >> i think it's very difficult to run for your first office and for that to be the presidency and for him to win. i have expected those poll numbers to come down but i also think that for as much as some people might like the briskness of a donald trump, there are also other people who say, oh i like the mellow calm common-sensical voice of a dr. ben carson.
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it appeals to them. >> you couldn't find two men who seem more different. yet, these are the two front runers in iowa of all places. seems like the evangelicals are behind carson. there is good reason for that. a few weeks ago at the big evangelical convention in iowa donald trump was there and he says i've never asked god for forgiveness. i don't need to. in the face of christians there. some might have walked away and really liked him. >> what about huckabee? walker. what are cruz? >> okay. i think that cruz deserved probably to do a little bit better in this poll because i think he had a pretty decent debate. i know that he's been working very hard. he is on the road every day. he has a broad base of support in terms of people supporting him. big and small donors from across the country. i think his numbers could go up. interesting thing about iowa. i feel like huckabee and san
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santorum santorum. i think walker will do better in iowa in the future. >> how about jeb bush? his numbers are way down. the conventional wisdom after the debate was he didn't have a great night. but he didn't have a bad night either. what's happening to him. >> part of it is you need to be there. you need to be there shaking hands and talking to people eye to eye. i think they're all trying to get as many places as they can. chris christie spent a lot of time in iowa and new hampshire. when he is there in the state there is a lot of attention and he's very popular. as soon as you walk away it dissipates a little bit. >> what about fiorina? >> i think the best thing to happen to her last week was she was in the debate at 5:00 because she shined. she's continued. she basically took the ball and kept running. the follow-through is very important. >> she is taking aim at trump.
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he is taking aim back at her. >> they both stay in the news. >> that's right. should he be punching back at her given he's so high in the polls and she is not? >> i'm not for punching down. i'm not for punching down. but i mean maybe my style wouldn't work. i think that she is right to punch up. she is absolutely right to. >> because you get the reflective light. >> she has a very interesting following, especially among young republicans. she -- talk about a person who will go to the event. she looks you in the eye. you're the only person in the room. she wants to know about you. >> she has come up with a better answer for her firing at hp. she struggled to stort ofort of explain in a quick way early on. she has it down. she said walt disney got fired. steve jobs called me the day i got fired and said good people get fired. i got fired twice. >> that could be a line you come up in the shower. >> for everybody out there who
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has gotten fired, take her. walt disney apparently got fired. o'reilly. i don't know. maybe. is that true? >> i think so. >> he wears it as a badge of honor. he says it's always worked out for him. he lives on the edge. >> not dana. everybody wants dana. >> i've never been fired. well yet. >> the good news is, who wouldn't want dana preena in their employ? great to see you. remarkable moment today. as dr. ben carson took his brand of black lives matter message right to the streets of harlem. >> of course black lives matter. but what i feel is that, instead of people pointing fingers at each other and just creating strife what we need to be talking about is how do we solve the problem in the black community of murder. dr. carson joins us next live to talk about the reaction to his remarks.
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plus planned parenthood and women's health suddenly hot topics for the gop field as both donald trump and carly fiorina attack rivals on the issues. we'll take you inside that fight. also breaking tonight, just moments before we came to air, dramatic developments in the hillary clinton email scandal. you've not heard about this yet. we just -- it was 8:58 -- got reports that these were not ordinary secrets found on mrs. clinton's private server that you heard but some of the most classified material the u.s. government has gotten. and someone may have tried to hide just how sensitive the documents really were. not only that but now it appears there has been dissension in the ranks and some finger pointing between state and the clinton team has just emerged. judge andrew napolitano is reviewing the new information. he'll join us live shortly. don't go away. >> i am confident that i never sent nor received any information that was classified
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and he brought his message of self-reliance to the treatsstreets of harlem. take a listen to what he had to say to the people and the press. >> well of course black lives matter. but what i feel is that instead of people pointing fingers at each other and just creating strife what we need to be talking about is how do we solve the problem in the black community of murder. essentially. you know for a young black male in the inner city homicide is the most likely cause of death. that is ridiculous. and most of those occur at the hands of other young black males. we need to be talking about why is that occurring. we need to be talking about how do we instill values into people again so that they do in fact believe that their brother's life matters. and that's going to be a matter of getting back to the values and principles that got black
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people through slavery and through segregation and jim crowe-ism. those are family and faith. those are the things that got us through it. as we throw those things away you're seeing terrible carnage occurring in our communities. also recognizing that you know 73% of black babies born out of wedlock. that woman's education stops generally with that first baby. and that baby is at least four times as likely to grow up in poverty. and is likely to end up in the penal system or the welfare system. that is destructive to the community but the pc the police and the progressive community have gotten people to believe that that's okay you're not supposed to talk about that. if anybody talks about that they're an uncle tom and they're against you when in fact those are the very people trying to save the situation. >> traditionally democrats have
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gotten most of the african-american vote. why is that and what can you do to change that? >> i think it's because the democratic party has ascribed to the lyndon johnson philosophy. i don't know if you know lyndon johnson said if we give those n words such and such they'll vote for us for the next 200 years. what the republican party needs to do is come out and discuss more the kinds of relationships and the programs that will actually bring people out of poverty, that will give them the ability to use their god-given talents to rise rather than to simply be satisfied in a dependent position in our society. the key thing is whether i get the votes or not, i want people to start listening to what i am saying and understanding that you know there is a way to go that will lead to upward mobility as opposed to dpen
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dependency. let's talk about that way. let's not be satisfied to be patted on the head and kept like a pet. >> joining me now from queens new york presidential candidate dr. ben carson. dr. carson great to see you. what did you mean by the last comment, not be kept like a pet? >> people who don't truly respect you, don't really see you as an equal, but just take care of you in order that you can take care of them. >> you made a point today, because there aren't many people who are talking about this about what is actually happening in the african-american community that can contribute to these figures we've seen in terms of the, you know fatherless families and inner city poverty and lack of education and lack of opportunity. and you say this is a reason people don't want too talk about it. you said today it's because
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you'll be dubbed an uncle tom if you do. >> yeah. the whole value system the values and principles that created, you know strong families and gave people you know the kind of foundation that they needed to be able to resist the influences on the street those are not there anymore. so people are easily taken with the first wind that blows by. and that's a major problem. you look at these young men, a quarter of them are involved in the penal system. by the time they're 20 years old. that's ridiculous! and they're not bad people. they're good people. but unfortunately, you know they're not getting any of the right kinds of influences. so that's going to happen to anybody. i don't care what color they are, if you put them in that situation. >> we have some of the other candidates on the gop side saying the answer to that is to decrimize certain drug crimes and get rid of mandatory
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sentences. you, as far as i know i could be wrong, are the only one talking about let's take a hard look at what's happening in the communities themselves and try to get at the heart of that. although what a herbing cue lien lift. how do you start the process of changing the social structure? >> it's going to be difficult. the first thing we have to do is start talking about it. you know stop being afraid to actually address the issue. stop being afraid to tell that young woman that she is valuable and that she shouldn't be giving herself away and then having a baby and then having the father abandon her and then having the government support her. you know the whole system is upside down. that doesn't work. and what we need to recognize as a country -- and this is crucial -- we only have 330 million people. we're competing against china and india. they have over a billion people. we can't afford to be throwing
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away a good portion of our people. we need to develop all of them to the maximum. it's going to help us as a nation and strengthen the fabric of our country. >> do you think you can be heard on this front? there is a critical piece in the "washington post" on you talking about how republicans may love your views on race but most voters of color do not and that they feel really you need institutional help you need government aid in these communities to pull people out of poverty. >> well there's always going to be a critical piece in the "washington post" about me. that's nothing new. but the important thing is that yes, i do think people are starting to listen. you know many people on the street today in harlem came up to me and said man, we love you. we're supporting you. i was in the airport yesterday on my way here. a woman comes up to me and says i am a life-long democrat. i love you! the stuff that i'm talking about has nothing to do with
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republicans or democrats. it has to do with america and what kind of nation are we going to have? what are we going to pass on to our children or grandchildren. >> always a pleasure dr. carson. thanks for being here sir. >> thank you, megyn. we're learning more about the breaking news on hillary clinton as a state department official suggests to fox news that some very very secret information found its way onto her private server. yesterday we learned that it was top secret. now we're learning something more something much more concerning. and we're also learning that someone in hillary clinton's inner circle is now being accused of removing the top-secret markings from the documents, which would be a felony. the state department pointing fingers at the clinton campaign? judge napolitano is here on that. then donald trump is going hard after jeb bush about remarks that he says could cost jeb the chance to be the
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president. dana lash joins us next on that. >> i think jeb's statement on women's health from a few days ago will go down as his 47%. i don't think you can recover from the statement. he then goes back and he says he misspoke. well, it was pretty late. the possibility of a flare was almost always on my mind. thinking about what to avoid where to go... and how to deal with my uc. to me, that was normal. until i talked to my doctor. she told me that humira helps people like me get uc under control and keep it under control when certain medications haven't worked well enough. humira can lower your ability to fight infections including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions and new or worsening heart failure. before treatment get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb hepatitis b, are prone to infections, or have flu-like symptoms or sores.
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kind of like mute buttons equal danger. ...that sound good? not being on this phone call sounds good. it's not muted. was that you jason? it was geoffrey! it was jason. it could've been brenda. developing tonight women's issues front and center in the race for the white house with the number of republican rivals attacking one another over their respective positions. donald trump knocking both hillary clinton and then jeb bush for questioning whether the government spends too much on women's health. that was mr. bush. it is a comment that jeb bush later attempted to clarify. listen to mr. trump. >> well i think i'll do more for women. i cherish women. i think i'll do for more women than hillary can ever do. i will take care -- i thought jeb bush made a horrible mistake when he blew the whole situation on women's health. you know the women's health
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issue. a week ago what he said was just unbelievable. essentially he's saying i'm not going to fund it. i think that will go down as jeb bush's 47%. the 47% to romney where probably cost him the election when he said that. >> then there is carly fiorina hitting donald trump for his suggestion that planned parenthood does some good for women. watch. >> unfortunately i think mr. trump is taking the democrat party's talking points on planned parenthood. there are many other organizations that exist to help women with their health issues pap smears mammograms et cetera. in fact planned parenthood does very few mammograms as one example. they do a whole lot of abortions. >> dana lash is the host of "dana." good to see you. mr. trump seems to be saying that planned parenthood does some good work for women. we have had this discussion on our show as well but that he
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doesn't want to provide funding as long as they're providing abortions. i think that's where he's landed. do you think that's right? >> it seems to be kind of accurate. but the problem with that statement, though is really actually more of a problem with how planned parenthood is set up. i would actually correct carly fiorina, who i think has done a very good job of addressing the planned parenthood issue. they don't provide any mammograms zero. referrals are what they consider service in that area. to the point of planned parenthood and its structure, they don't have two different entities. it's one big, giant entity. they like to say that only 3% of their business actually comes from abortion but even the "washington post" fact checked them. susan b. anthony's list says it's more around 94%. >> what? 94% what? >> of their business. i their business. >> abortions? >> they make bank on abortions. >> susan b. anthony is a pro-life organization. >> "washington post" included it
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when they fact checked. they had a problem themselves with planned parenthood's own 3% statistic. they were saying that doesn't really fly. so i think you have to separate the both of them for trump's statement to work. >> seems like mr. trump is concerned about alienating that section of republican women who he cites who -- maybe they have fond memories of planned parenthood, where a lot of young women go before they have health insurance coverage for birth control, for your gyn exam and so on. this is what he told sean hannity about it last night. take a listen. >> you have it as an abortion clinic. now, that's actually a fairly small part of what they do but it's a brutal part. and i'm totally against it. maybe unless they stop with the abortions we don't do the funding for the stuff that we want. there are many ways you can do that sean. i'm totally against the abortion aspect of planned parenthood but i have had many women -- i've had many republican conservative women come up and say planned parenthood serves a
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good function other than the one aspect. >> go ahead. >> i have never met any republican conservative women who have said that. two quick things with this. in terms of women's served. planned parenthood says they serve about 2.7 million women. community health centers serve over 21 million men and women. three things. i lied. the second thing is why are we having the conversation about planned parenthood when in obamacare there were millions of dollars marked for women's health care. they were supposed to give all the women the pap smears -- >> you wouldn't have to go there anymore. >> exactly. in terms of big business with planned parenthood we shouldn't be funding them for the simple reason that they are using public money, megyn, to fund democrat campaigns. that's not constitutional. >> what about -- what about jeb bush's comment? donald trump believes you heard fiorina hit trump, but trump is hitting bush saying his comment about i don't think we need to spend half a billion dollars on
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women's health care is like romney's 47%, that jeb bush is done with women because of that comment which bush later sought to clarify. >> if they want to make swift business of having a 47% remark from jeb bush they would look at his past statements on common core and his current statements on common core. they don't need misspeaking with planned parenthood or funding women's health. the question is why are we talking about continuing to fund. in obamacare billions of dollars were ear-marked for it. >> that's what ben carson was saying. i thought obamacare was supposed to solve this problem. new outrage among veterans. a symbol of their sacrifice comes under fire that suggestions that the p.o.w. flag is racist. we'll investigate. and we'll have the full breaking news report right after this break on hillary clinton, the top secret information they found on her server and new suggestions now from state that
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someone on her team appears to have committed a felony. this raises this whole conflict to a new level. we are in unchartered waters folks. judge napolitano is next on what he says is starting in his view to look like a criminal conspiracy. three minutes away. isn't it time to let the real you shine through? introducing otezla apremilast. otezla is not an injection or a cream. it's a pill that treats plaque psoriasis differently. some people who took otezla saw 75% clearer skin after 4 months. and otezla's prescribing information has no requirement for routine lab monitoring. don't take otezla if you are allergic to any of its ingredients. otezla may increase the risk of depression. tell your doctor if you have a history of depression or suicidal thoughts, or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight an side effects may include diarrhea nausea, upper respiratory tract infection,
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to actively strip the classification markings off of the information before sending it which is a felony potentially punishable by serious prison time. judge andrew napolitano is our fox news senior judicial analyst. judge, i want to clear it up for the viewers. the state department official is saying we now know at least one email was top, top, top secret. >> right. >> that the state department doesn't have the capability to mark a document that way. to -- so it had to come to state from someplace else in the intelligence community. >> if i may, the email that we now know about, a state department source speaking to fox news indicated that it contained satellite imagery and signal intelligence. now, the state department is not capable of producing its own satellite imagery or its own signal intelligence. everybody knows what a satellite is. consider still intelligence basically surveillance.
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>> so the document had to come from someplace in the intelligence community into state. >> correct. no one in the intelligence community would send this document without marking it top secret because they would expose themselves to a felony. >> so the source goes on to say, therefore, somewhere between the point these documents, we believe two, came into the building and the time they reached hillary clinton's server someone who have had to strip the classification markings from the information before it was transmitted to her email. hillary's email. that would constitute -- >> a felony. absolutely. it would constitute two felonies. the first would be altering a top-secret document and the second felony would be placing a top-secret document in an insecure place, mrs. clinton's server a place not controlled by the government. >> why are they so sure that happened? why couldn't be someone in the defense department screwed up? >> possible but unlikely. the reason is because the intelligence community knows their members can go to jail for
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simple negligence by exposing a top-secret document. >> this is what they do. this is their business. >> correct. the justice department is extremely harsh and intentionally so on members of the intelligence community who drop the ball by failing to protect these things. >> what motive would a top staffer of hillary clinton's or someone in her inner circle have to remove a classified marking from a documents? >> we may know the answer. the fbi has the server. they can look at the email and say if when she received it top secret was removed. >> even though she has done deletions of presumably not this document. >> our colleagues in the intelligence community tell me with certainty if it was on the server it can be extracted. >> she'll be able to tell how it was received. >> unless she took a sledgehammer to the server they. if top secret was on there, then we know she lied and committed a felony by possessing and storing top-secret information on an
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insecure server, if top secret was not there, we'll know that someone removed it. they can trace it back and see who sent it to them and if when it was sent to the state department td top secret on it but if when it was sent to mrs. clinton it was removed. >> this raises it to a whole new level. we were discussing last night she said all along there was never any classified information. >> she can't say that anymore. >> now we know there was. not just classified but top secret. >> right. >> we're learning now not only was there top secret information on the server but, at least this source at state believes it was marked and someone deleted the markings. >> if the someone who deleted the markings did it as part of a plan to insulate mrs. clinton from the obligation of complying with federal law so that again, she could keep her emails. >> or she wanted to send it to somebody. >> she wanted to send it to like a colleague of hers who is not in the state department and
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advise -- a friend of hers also to keep the information from the president and from everybody else in the state department. if that was a part of a plan or a plot that's a criminal conspiracy. under the criminal conspiracy laws anybody in the conspiracy anybody benefiting from that conspiracy anybody aware of that conspiracy is liable for the acts of everybody else. >> how -- how -- i mean it sounds sensational when you look at this. and by the way, this is not just fox news. earlier today "the daily beast" reported it appears increasingly likely that someone on her staff violated federal laws in the handling of materials. >> the fbi knows how to do with this. they know if they pursue challenge and indict somebody on the team that person will squeal about other members on the team and those people will squeal about the head of the team mrs. clinton. that's the classic -- >> if there is anything to squeal about. she is not a target right now. >> she is not a public target. she hasn't received a target letter.
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she is certainly in the class of people whose behavior will be examined for a failure to secure top-secret information by knowingly introducing it into a venue that the government doesn't control. >> i have to ask you quickly, how does this compare to the general petraeus scandal? >> he kept it locked in a drawer. she put it in an insecure email. that could easily have been hacked. this morning i was asked on "fox & friends" and mornings with maria at 6:00 a.m. how serious are mrs. clinton's legal problems and i said they were grave. 16 hours later i don't know what word to use, but they are worse than grave. >> hmm! judge, thank you. >> you're welcome. >> more on this as we get it. shooting of an unarmed black teen in texas has become the latest rallying point for the black lives matter movement. a cop has been fired and may now face criminal charges. a "the kelly file" investigation next. where this case is likely to go. stay tuned.
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trace. >> rookie police officer brad miller has been fired for what the police chief calls inappropriate judgment in his handling of the situation. miller was among five police officers who responded late friday night, early saturday morning, to an arlington car dealership for reports of a man vandalizing vehicles. surveillance tape captured 19-year-old christian taylor a football player at anglo state university jumping on the cars and busting wind shields. then video shows taylor driving his own car through a glass window into the dealership showroom. the police chief said the suspect then held up a set of car keys and told police he was going to steal a car. the suspect was ordered to the ground but apparently did not comply. we're told a senior officer pulled his taser. officer miller pulled his gun. miller claims the suspect started to rush them and he fired several shots, killing the man. here is the chief explaining why officer miller used poor judgment. >> this unilateral decision to
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enter the building and to continue the pursuit deeper into the building upon making contact with mr. taylor along with failing to communicate with fellow officers or develop an arrest plan created an environment of cascading consequences that produced an unrecoverable outcome. >> miller's attorney believes his client was unjustly fired, calling it a knee-jerk reaction by the police department. the family of 19-year-old christian taylor says deadly force was not necessary. taylor's brother, former nfl player adrian taylor says he believes the shooting was not justified but is not trying to turn this into a black and white thing but rather a lesson for people of all races on how to act when confronted by police. megyn. >> joining me now me for more. husband colwin and mark
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eiglarsh. they say it's open and shut that the cop ought to be charged with murder. >> completely unavoidable, totally abusive by the officer. why do i say that? there are six officers there. the rookie trainee storms the building doesn't talk to the other officers. doesn't coordinate. by the way, the senior more experienced officer pulls out his taser. did the teen go forward towards these officers with a gun in his hand? absolutely not. did he make threatening gestures? we have no evidence of that. all he was doing was rushing the officers. we know there was another experienced officer there who pulled his taser. didn't use deadly force. didn't think or suspect that this teen -- it was not imperfectlying his life or that of officer miller. >> mark. >> i disagree with mercedes. i don't think the officer will be indicted. let's start with the fact that we're in texas, and a texas grand jury is different. it's going to be changing
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september 1st. right now they have a system in texas which hasn't been used in the federal system in decades. a judge appoints commissioners who then decides who should be on the grand jury as opposed to randomly having them on there. the grand jury in texas has impanelled since july. most likely this officer will be heard by an old system grand jury. and i'll tell you this. he is going to say that he reasonably feared as this guy was charging him. he saw what he had done. i think the grand jury will let him walk like so many other officers in texas. >> what about it mercedes? this is the cop's story. the officer retreated from the physical contact with taylor while he was giving commands to taylor. that the officer fired one shot but taylor continued advancing. that the officer then fired three more shots for a total of four shots and taylor was hit multiple times. they're going to say that even though he was unarmed, police say his wallet and phone and i am quoting here created a bulge
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in his shorts that could have been perceived as a weapon. >> the lynch pin to the prosecution is going to be that the experienced officer didn't perceive the same threat. he took out his taser. didn't take out his gun. >> that's a subjective thing. >> it is subjective. >> but that's going to be something the prosecution will say. >> that doesn't turn it into murder right? it turns it into a mistake. >> manslaughter. he'll be charged with murder but the default would be manslaughter where he recklessly murdered this child. >> mercedes is ignoring decades of what's happened in texas where it is virtually impossible to indict an officer under these circumstances. and almost even more challenging, almost impossible -- >> i'm not ignoring anything. >> could convict. that's because there is wide latitude to protect yourself and even property. >> the second cop didn't shoot. the second cop had just a taser. his testimony will make all the difference right? >> exactly.
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>> if that guy goes before the grand jury and says this guy was not advancing on officer miller. this guy was not given commands to stop. this guy was not a threat. that's it. that's the ball game. he's going to get indicted. >> that's a softball question. that would be murder. that's not his testimony. he was going to say he was advancing towards him and he reasonably feared the guy would disarm him -- >> the second cop. >> the second cop did not say that mark. he is the experienced one. the rookie cop, still in training had a knee-jerk reaction. that's why he is terminated and there will be charges raised against him. the more experienced cop didn't assess the situation similarly. >> the cop's attorney is calling this a knee jerk reaction by the police department. >> the grand jury won't indict him. >> we'll find out. >> we'll see. >> we shall find out. great to see you both. >> thanks megyn. outrage in the military community after new suggestions that the p.o.w. flag was a political trick with racist
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after a national debate on the confederate flag another flag is now coming under fire. this time it's the p.o.w. flag which one journalist is claiming has racist origins. trace gallagher live in our west coast newsroom with the story. trace. >> hundreds of americans are still missing and unaccounted for in vietnam which is why the p.o.w. mia flag still flies. according the article, the flag is a political trick invented by the nixon administration. saying in 1971 after years of playing down the existence of prisoners in vietnam the
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president decided to flaplay them up. nixon invented the cult of the pow/mia in order to justify it. he goes on to call the flag racist and that it should be treated with the same hostility as the confederate flag. he doesn't say exactly why. critics counter by saying it's a flag of remembrance and that rick perilstein doesn't remember the war the way he wants them to. pete hegseth said this about the flag. >> it's a reminder to me every day of what the men and women have done for us. that's what the flag is. i want people to look at the flag and say what is this about? my kid will ask me someday and i'll tell them. >> others believe the flag is a symbol of pows and mias from all wars not just vietnam. he goes on to argue the flag hurt relations with vietnam
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after the war. others say it's not true. >> trace, thank you. we'll be right back. helping you fall asleep and stay asleep so your body can heal as you rest. advil pm. for a healing night's sleep. [meow mix jingle slowly and quietly plucks] right on cue. [cat meows] ♪meow, meow, meow, meow...♪ it's more than just a meal it's meow mix mealtime. with great taste and 100% complete nutrition, it's the only one cats ask for by name.
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it's been an interesting week. a long six months. without a vacation for yours truly. do you know that? it's been six months since i've had a vacation. just ask my assistant. i'll take the next week and a half off. spending time with my husband and kids trying to relax. the challenge is trying to put
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down the electronica. can you do it? i am going to try to look at my little one's faces and go for bike rides and play at the beach and not look at you. when i see you back here on the 24th we'll pick it up again. have a great week. see you soon. fox news alert. hillary clinton turning over the private email server she used during her tenure as secretary of state to the department of justice. this comes after a government watch dog for the intelligence community revealed yesterday that in fact four classified emails including two that have been deemed top secret were at one point stored on her server. this is only after reading 40 of the tens of thousands of emails. now with more is mike emanuel with the latest. mike. >> sean sources familiar say the two top secret emails that went through hillary clinton's server contained special correspondence for monitoring foreign communications and information

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