breaking tonight. "the kelly file" taking matters into our own hands to get to the bottom of the growing hillary clinton e-mail scandal. welcome to "the kelly file" everyone, i'm megyn kelly. two nights ago we told you about the one critical document that may prove that hillary clinton possibly committed a crime, and not just any crime but possibly a felony. it is called an of-109 form. every departing state department employee must sign it certifying that they have surrendered all official documents, classified and unclassified, that they acquired while at state. they have to give them back to the agency before they leave. we know that hillary clinton must have been asked to do that.

we in fact however we know she did not return her classified and unclassified documents. she kept them on her personal server for some two years after she stepped down as secretary of state. so two nights ago we asked the state department did hillary clinton sign the of-109 that would require her to certify under penalties of perjury that she had returned all these documents. we received no answer. the next day we asked again. again, we received no answer. then today more of the same. now with the associated press joining in. >> you were asked if you knew whether secretary clinton signed this separation statement. >> i don't have an update on that. >> you expect to be able to answer that? >> i hope to, yes. >> where does that leave us? >> today "the kelly file" filed a freedom of information act request to compel the state department to provide the answers to which the american people are entitled. former federal prosecutor and fox news legal analyst, we did

atat and we intentionally kept it very limited. >> right. one paragraph. >> didn't ask for a huge sea of documents. we want in that one request one document. >> that's right. >> produce the of-109 if it exists. and now the ball's in state's court. >> state department has 20 to 30 days they can take up to 30 days to even respond to say yes we have the document or we don't.ine exemptions to say we have the document that may be exempt of these nine exemptions. i looked at those, i cannot see any way they would argue. but the point i think you are making is that they have to tell us within 30 days whether that document exists or not. >> uh-huh. >> did she sign that document? >> right. >> if they have it, then she must have signed it. if she signed it and did not turn over that information that she was required to do then you're looking at an offense. >> that's right. this should not be some long protracted litigation where we're trying to get the document produced, they won't give it to

us. we want to know do you have it? >> what they can do is come back and say we're reviewing whether it goes in one of these nine exemptions. at that point you'd be looking at going to federal court to compel an answer from the state department. >> which we are prepared to do. >> absolutely. within 30 days. >> and they will have a tough time looking at a federal judge and saying we can't even tell them whether it exists. >> exactly. exactly. that would be very problematic. but it could take some time. i mean, stall tactics you know wouldn't be the first time stall tactics were to be deployed. if the state department were to come back within that 30-day parameter and tell you we can't tell you if it exists doesn't that tell you everything? >> can i tell you? i actually believe jen psaki will make a good faith effort to try to find it. the state department records are a mess from what they say, but that's a hard copy document. it's not electronic, it would absolutely be kept for litigation and other purposes of potential crime being committed. >> exactly. >> so it won't be that hard to find. i expect her to answer.

>> also looking on 1,001 violations, lying during an investigation. if the feds got involved after you try to take them to court trying to compel the subpoena then the feds will get involved. they're looking at a whole parameter -- they can't ignore it. >> great to see you. >> thanks megyn. well in the wake of this e-mail controversy there's a new look at what was going on at the clinton foundation while hillary clinton was secretary of state. we know that that fund took in hundreds of millions of dollars, some of it coming from foreign donors. our next guest is trying to find out exactly what was going on. matt whitaker is a former u.s. attorney and executive director of the foundation for accountability and civic trust a self-described watchdog organization. matt, thank you for being here. a column this week said basically follow the money, he'd been told by a close clinton confidant that that's what you need to do according to a clinton source follow the money

to figure out why there's an e-mail controversy why they're missing in the first place. that's what you're trying to do. >> right. we know that the clinton foundation has disclosed most of their donors. we know that while secretary clinton was at the state department she -- the foundation raised millions of dollars from foreign sources including $500,000 from the country of algeria that was in contra vengs of the agreement she had with the state department not to raise foreign money in the clinton foundation. and then we know that since she left the department of state that they raised almost a quarter of a billion dollars, a third of the million-dollar donors to the foundation are foreign sources. and this raises a lot of concerns as to whether that money or any of it was solicited by her or anyone on her staff while she was secretary of state. >> well, the thing is that this staff that surrounded her while she was at state, they're also very relevant. because if they were not on the

state.gov servers, we also don't have their e-mails. we have reason to believe there's been reporting this week that her top staffers were also on the clinton's e-mail server including a guy by the last name of cheng potentially. tell us about this guy. >> well dennis cheng and we have a pending foia request with the state department to get some e-mails he may be involved in. but he was with the clinton foundation before he went to the state department as one of the protocol people. then he went back to the foundation, was in charge of their fund raising of that quarter of a billion dollars i mentioned. >> so far that's all kosher. nothing particularly unusual or wrong with that. >> well, and now he's left the foundation to join this presidential campaign it appears. >> so but what's the problem? because i get that they put dennis cheng in this position, had a protocol. it's not like the movie with goldie haun as it turns out. anyway, it's not like that. it's an important position where you get exposed to people from

other countries and very often they have a lot of money and a lot of connections and so on. so she puts him in that position and then puts him in charge of money raising at the clinton foundation. and now he's going to be in charge of money raising for her campaign. what's the allegation? that now that what? >> well i mean we want to see if any of the money while he was at the state department was solicited for the clinton foundation. and he would be a key actor in that. >> which would have been a no-no. >> right. it would have been. and i understand that i want to avoid confirmation bias which is sort of making allegations before we have the facts. and until we see his correspondence while at the state department and the interaction between him and the clinton foundation, then we really won't know. but he is going to be a pivotal actor in those transactions. >> uh-huh. we'll continue to follow your foia request and more importantly in my view, mine. >> right. i agree. you're more important. >> thank you for being here. >> thank you. >> we appreciate it. and, you know, the state

department can put our foia request to bed tonight by calling up and telling us we found it, we have the document. if they have that document and she signed it, it is officially her problem. if they didn't have the document and she didn't sign it it is their problem. you can go to facebook.com/thekellyfile right now during the break to see our state department request and the federal form that could leave mrs. clinton potentially facing criminal charges so says the form itself. plus, when the doj dropped an ugly report on the city of ferguson, the mayor responded by firing staff. but now he's firing back. he says he's about had it with the doj. that this report is unfair, unbalanced and often untrue. he'll explain why right after this break. and then we finally get a chance to speak with the man who prosecuted this case who investigated the michael brown shooting and brought the case

before the grand jury -- not prosecuted it but investigated it. kevin mccullough right after this break. and then named fox news the most trusted in america and then the critics pounced. howie kurtz is here with a bigger look at what's going on with the media as we head to the next presidential election. everyone loves the way dark clothes make them feel... and no one wants that feeling to fade. that's why there's woolite darks. without harsh ingredients, it keeps darks vibrant for over 30 washes. so your love for dark clothes doesn't have to fade. for the love of darks. woolite darks.

breaking tonight, a manhunt is about to enter its third day in ferguson missouri after the shooting of two police officers late wednesday night. the police say they are tracking down leads but the suspect or suspects are still on the run. the shooting came as new protests mount over a doj report that claims the city targeted minorities unfairly. we know of six people who have left their posts as a result of that report. and requesting mayor james knowles do the same. joining me now mayor james knowles of ferguson missouri. mr. mayor, thank you for joining me. do you have any intention to resign? >> no absolutely not. as i told everyone else who has asked me that question we need someone to steer this ship citizens are asking for reforms to be made. they spoke the other night at the city council meeting. many spoke in support of keeping the ferguson police department.

but wanting to see things changed. somebody's got to be here to make that happen. the citizens put me in this place and that's what i'm owning up to do. >> eric holder and others have suggested this police department may need to be disbanded. it is so institutionally racist and biased against persons of color. what say you? >> this is what's frustrating to me. when eric holder makes these public statements about disbanding the police department, there's no hope. but when i met with the department of justice and i'm talking about lifelong career department of justice officials, they express to me a great deal of optimism. they know we've worked with them. we've been very cooperative. we have not tried to hide anything. they've said all of this to us. they said we believe we can make these changes. and the city of ferguson has started making changes all the way back in september to try and improve this department and improve our system. >> but what are the charges outlined in that report? they say they outlined a

department of full of racist cops and we have five or six e-mails they offered up to prove that they have cops who are targeting african-americans disproportionately with traffic tickets and fines and using dogs, you know, police dogs on exclusively african-americans and that it's not salvageable. >> look, those issues of the racist e-mails we dealt with that immediately. i mean on the way back to the office from that initial meeting with the doj after the report was released those were dealt with. yes, there were racist e-mails. yes, there were issues. and, yes, we've been dealing with them systematically one by one. but i don't think we can paint the entire 75-person police court and civilian branches of our police department as racist over some of those e-mails and some of the things that you see outlined in that report. are there issues to be dealt with? absolutely. have we talked about moving forward and taking those recommendations to heart? absolutely. there are a lot of those

recommendations we feel absolutely we're going to go moving forward with. >> do you concede the allegation? >> i think there needs to be serious review of some of those statistics and how they were utilized and how they were interpreted. >> right. >> i think, again you cannot deny that there were issues in that report that need to be dealt with. but i think that some of the data that they used, clearly some of the physical data they used frankly i think is flawed. i've been seeing it everywhere. i myself knew it and took them to task on that in the initial meeting. but regardless of all that we're wanting to move forward. we're trying to come together. and it's frustrating that eric holder continues with some of this inflammatory language. >> thank you for being here sir. >> thank you, megyn. >> while the justice department attacked the city of ferguson it completely cleared officer darren wilson, the cop at the

center of this controversy. it reached, the doj did, exactly the same conclusion headed by prosecutor bob mccullough. a man vilifyied prior to bringing this to the grand jury and then again after the grand jury refused to indict officer wilson. i spoke earlier with bob mccullough the prosecuting attorney for st. louis county. thank you for being here with us. the accusation was you tanked it you intentionally tanked it before that grand jury. your chance now to respond. >> well, there's a lot of obviously hyperbole and rhetoric in there in the speech by mr. sharpton. and a lot of misstatements of fact and law. my obligation which either he doesn't understand a lot of people didn't or they choose to ignore is my obligation is to present all of the information to the grand jury, all the evidence to the grand jury, which is what we did in this case. >> what did you make of the role

that folks like al sharpton played? he went out there and said and we've played it on the show repeatedly that officer wilson was in no fear of his own life in that altercation. >> well you know, he can say that but there's no basis for saying that. of course that's how he makes his livelihood. that is his livelihood is taking those sorts of positions with no basis in fact or reality. my job what we try to do is not be bothered by that not be pressured by them into doing something that just isn't called for. >> at the u.s. congress with all the members coming out saying hands up don't shoot and saw some of the members of the nfl running on to the field saying hands up don't shoot. and your information comes back to you from every credible witness there was according to your report and eric holder's report is that was false, that never happened. >> correct. right. i will tell you i'll be the first to admit there's a great temptation to step out and say this didn't happen. but it would have been inappropriate for me to do that at that time.

>> how irresponsible do you think some of these folks behaved in condemning this cop before they had any facts in the case? >> it was incredibly frustrating. and it was very irresponsible of people that know better. because most of them are lawyers and should understand how the process works. so they either clearly didn't or they didn't care. that was probably the most frustrating aspect of the whole thing. >> what about let me ask you on that same subject. on that same subject we had the missouri governor come out and say there needs to be a prosecution. we had the -- >> a vigorous prosecution. >> a vigorous prosecution, right. which is not at all the proper standard when you go before a grand jury. that's the question is should there or shouldn't. the night you convene the grand jury he said there has to be a vigorous prosecution. >> i think there were a lot of irresponsible statements made by the public officials too that whether they're playing to a particular crowd or a particular

dynamic with it, you know, is a problem. so that's what happens. that's what we try to avoid in the criminal justice system is to not make those sorts of statements. >> was it inappropriate? irresponsible? out of line. >> absolutely. yes, all three of those. inappropriate, irresponsible and out of line. yes. those are good descriptions of making those statements without any basis without having any facts upon which to base. but i think it fired it up. you know they all could have done something differently. and perhaps we would not have witnessed the horrible scenes that we saw, you know, following the announcement of the grand jury decision or some of the other things. it's a tragic death. don't get me wrong. any death and every death is a tragic death. but in this situation as tragic as it was it was a justifiable use of force. >> is there any doubt in your mind about that? >> no, no looking at all the evidence and the grand jury all the testimony all the evidence

that was there all the physical evidence that was in and the department of justice analysis of that evidence. no, there isn't any question about it. >> when you look back on this case now knowing all you know to a populous that has been influenced by a lot of folks who don't know nearly as much, is there one thing you want people to know? >> i think it's important to know that not only did this grand jury look at everything -- keep that in mind. they are the only 12 people on the face of this earth who have examined every bit of evidence. i think it's important for everybody to know that two separate independent bodies looked at evidence and came to the identical conclusion. i hope that begins at least or restores the faith that is necessary in the system. i just hope that people you know, that they've maintained that confidence in the system in the justice system and those that don't have that that it helps restore that. >> bob mcculloch, what a year

for you, the brown family and for the family of officer darren wilson. thank you for your time tonight. >> my pleasure. >> well i asked him what he thought of the doj's conclusion that the ferguson p.d. is guilty of institutional racism. he said he found it terribly disturbing. but he maintains that the initial protests in this case were caused by a completely misguided narrative, that officer darren wilson shot a man, mike brown, who was begging for his life as he tried to surrender. an allegation that has been disproven. critics are now slamming president obama over ferguson pointing out he gave a speech after michael brown was shot but responded with a tweet when these two cops were shot. that debate is next. plus, judge alex ferer joins us on a bizarre interview from the boyfriend of bobbi

a dwroe growing number of critics challenging president obama's reaction to the ambush attack on two cops in ferguson, missouri. the president initially responded with a tweet writing "violence against police is unacceptable. our prayers are with the officers in missouri." adding, sorry, he added "path to justice is one all of us must travel together." some folks took to social media to point out that michael brown got a speech and 40 doj investigators while the shooting of two cops got a tweet. hours later president obama showed up on jimmy kimmel show to discuss the situation. >> what had been happening in ferguson was oppressive and objectionable and was worthy of protest. but there was no excuse for criminal acts. and whoever fired those shots

shouldn't detract from the issue. they're criminals. they need to be arrested. and then what we need to do is to make sure that like-minded good spirited people on both sides law enforcement who have a terrifically tough job, and people wlo understandably don't want to be stopped and harassed just because of their race that we're able to work together to try to come up with some good answers. >> leslie marshal is a progressive radio talk show host and fox news contributor and rich lowry also a fox news contributor. rich, let me start with you. he said all the things you would expect a president to say in that tweet about condemning the shooting and so on. so why is he taking heat? >> well of course the president of the united states is going to say shooting cops is wrong and no one should do it and show respect for the police. but it's clear over the course of this entire controversy is the sense of injustice with

american policing and protesters and just think about what he said on jimmy kimmel. these shootings shouldn't distract from the main issue. that's what eric holder said as well. so what they seem to be suggesting is that one of the really bad things about these shootings is going to take the air out of the anti-police protest and doj campaign against ferguson. which is perverse. the worse thing about shooting cops is that cops get shot. >> leslie, what about it? >> i understand what you're saying, rich. but i think if you want to look for something, you're going to find something. and i don't think there's something here. i think as president of the united states he said what he was supposed to say not just in the tweet but on jimmy kimmel as well. and when we look back to when michael brown was shot, if you remember, his critics were angry with him for not speaking out when michael brown was shot immediately. and it was after three days of violence, protest and unrest in ferguson that the president stated what he stated at that time. we haven't seen thankfully that type of response after these two

police officers have been shot. so i don't think it's that -- >> let me ask you, leslie, about the optics of it. these folks on twitter are saying he did come out he made a statement, the attorney general made a statement and so on, and two cops get shot. one gets shot in the face. and i'll grant you they lived, so, you know no one died. but still two cops are shot in the face and the president goes on jimmy kimmel, and michelle obama shows up in public on a television show and is dancing with ellen. there's nothing wrong dancing with ellen. makes everybody happy to dance with ellen but the optics. >> i understand. but when we look back at two police officers who did not survive and lost their lives in new york the president was in hawaii and on vacation at the time. and he made a statement again at how horrific this is and that there is no excuse for any violence. should the president of the united states and the first lady be speaking about everything horrific that happens every shooting whether it's a police officer, an unarmed person whether they are a person of

color or other. i don't think that's what we elected him to do. >> what you're telling me rich is he needs to speak out every time there's violence against a cop? or is it that they have to be generally more responsible about the rhetoric on these kinds of things? >> well, i think it's more of the latter. and, again, you just look on jimmy kimmel. the president is pretending. he's a very smart man. he obviously must know he's conflating two things. but he's pretending the protests from the beginning were about traffic stops in ferguson which they weren't. they're about the allegation that a ferguson police officer assassinated a young black man who's attempting to surrender in the street. that is the basis of this entire movement from the beginning. it's the basis in protest in ferguson even now. so if the president has a view of those traffic stops being racist, i don't think the report necessarily proves that. but that's his opinion. at least have the honesty to say all of you who believe this was an assassination that was driven by racism, that is wrong.

we know as far as we can know the facts that is wrong. but he doesn't have the honesty to do that because he's playing to these ferguson truthers that just can't give up the lie about what happened on that fateful day between officer wilson and michael brown. >> in his view clearly the issue is the second part of the doj report about ferguson. the issue is not that officer darren wilson was completely unfairly indicted by several politicians including the governor of missouri very publicly which stoked the fires as you heard in the prosecutor's view of those protesters who were out there. the issue is not that law enforcement officers are now in danger as a result in part of some of the rhetoric the bone-headed non-fact based rhetoric we have seen bandied about. look at what this guy told steve harrigan in ferguson last night. >> are you upset those officers are shot? >> i'm upset that michael brown

is dead and -- >> leslie, couldn't we use more vocal comments from the politicians on part one of the doj report? >> i don't disagree with that, but the whole issue that we have in this nation, this whole divide between especially the african-american community or the perceived idea from the african-american community that they are being racially profiled. when you do have the latter part of this report this is why we're seeing these protests. >> wouldn't it help if there were a light shining on the fact that the beliefs about officer wilson were totally wrong? michael brown was the aggressor. michael brown was the one putting somebody's life in danger. not darren wilson. that's what eric holder's doj believes. >> eric holder has said -- >> go ahead, it's rich's turn. >> sorry. i was just going to say, leslie, no one was going out in the

streets with chants about traffic stops. that's not what this was about. >> that's right. sorry i was wrong. i got to steal the last word. hard break. great to see you both. this is kevin returning to his childhood home. this is the smell of baked pears, making him feel warm. then pie crust as he wonders if it's too soon to ask what's for dessert. now vanilla, reminding him of pep talks with mom and slightly inappropriate advice from dad. new air wick life scents in mom's baking the first constantly changing fragrance that acts like real life and says 'welcome home, kev-y bear.' this is him, secretly loving the name kev-y bear. air wick home is in the air.

from the world headquarters of fox news it's "the kelly file" with megyn kelly. a new poll out this week from quinnipiac university found that the most-trusted news source in america is fox news. a proud moment for us but of course some other media outlets immediately tried to undercut the results. so we asked howie kurtz to weigh-in on the findings and what is going on with broadcast media as we head into the next big election. he is host of "media buzz" which is right here on fnc, however he spent years and years and years as part of the main street media including at "the washington post."

so we can ask his opinion on this. howie, we're number one. so that's nice. and many of our media critics crickics, whatever, came out and said bull -- what? >> i'll let you complete the sentence. fox earned that trust. more conservatives in this poll but finishing first among independents through strong reporting and strong interviews and debate segments with clashing points of view present company included. cnn did well with emphasis on reporting. abysmal last place finish for msnbc which has essentially become 500 liberals and joe scarborough. >> it's true. no one is watching. it's interesting you watch that channel -- i mean i don't watch it but i hear they get more and more desperate by the day. they get meaner. i understand it's hard to be last. and so they get meaner and meaner. and then it becomes a self-fulfilling prophesy. who wants to watch that?

>> even if you're a liberal get boring hearing the same points of view all the time every single hour. >> just because you're a liberal doesn't mean you're mean. they don't want to see sanctimonious nastiness every night. >> i mean fox is controversial. it is part of a culture. but based on the feedback i get either don't watch or aren't aware we've got a really strong team aside from the opinionated folks people like bret baier and ed henry and james rosen and chris wallace, you know, people who are down the middle journalists. >> you know, i think it's interesting a couple years ago we had scott pelley who anchors the cbs evening news came out and say not a lot of people watch cable news. then he said i wonder whether we have moved beyond the time of the cable news networks. cbs, they get 10%, just 10% say they're most trusted compared with fox news where we have

triple their number. so once again i have news for scott pelley, you're wrong. wrong again, scott. >> well, this is a sea change the declining interest in broadcast network news which is doing less news, less serious news and less investigative reporting. interesting at nbc whose anchor brian williams out on a six-month suspension, an award winning investigative reporter for years she left and gave a speech saying the network news divisions are less interested in challenging the white house in doing serious reporting. they're doing shorter more superficial stories. sheryl attkisson she says at her network they stopped running her investigative pieces wasn't challenging the white house as mu of cbs news their morning show still makes an attempt at doing news. but you watch the other two channels and it's very soft. i mean if you want to get real news in the morning, it's not

like -- the "today" show looks nothing like it looked when it was katie and matt together or back when they had diane and charlie, it's all fluff. so what is to trust there's not a lot of news? >> "good morning america" does a lot of tabloid subjects, celebrities, crime it rates. it's number one. each of those networks have good reporters i could tick off. but if you look at the overall picture it is clearly away from hard hitting reporting. and seems with the investigative reporters leaving and not being replaced almost seems like they're allergic to hard hitting and sometimes controversial reporting. >> i think the thing about fox news is certainly i can speak for our show, you'll get surprised. you'll get surprised and tough interviews on both sides. and you might learn something as opposed to just having your world view reinforced. and i think that's why we are far and away number one with the independents if you look at this poll among other groups. so howie, thanks for being a

part of it. >> i'm a big believer in surprise. thanks, megyn have a good weekend. >> we might have one for you in just about ten minutes. well, r-rated? i'm not sure what we should say about this but you'll find out in a few minutes. also coming up next, new developments in that racist chant at a popular university with the fraternity at the heart of this. now threatening to sue. that's not all. judge alex is here next with a fascinating piece of news broken by dr. phil.

all of us agree that the actions which led to this matter at the university of oklahoma are inexcusable. we are interested where needed to act to protect the due process rights the first amendment rights and the 14th amendment rights of the members. >> developing tonight, the oklahoma fraternity behind that now infamous racist chant says it might sue the university basically expelling these young men. the attorney says he wants to protect their first amendment rights. judge alex ferer host of the judge alex show. good to see you. >> good to see you. >> we expected this might happen because they have a first amendment right to be racist.

>> they do. you know i don't have to explain this to you. you know this. but the first amendment protects people from governmental action for what they say. and it protects the most hateful, the most racist speech evidenced by the fact that those cretens go at the funeral of those dead soldiers. the situation becomes this is a university, how is this governmental action. but it's a public university. if this were a private university the first amendment wouldn't apply. >> only because uncle sam is involved. what about the fact one of these guys actually stepped down stepped out of the university he withdrew from the university, parker rice. does that change his rights to sue for being punished, for being expelled? >> no, it doesn't. i think that because the school is claiming that they expelled him even though he's claiming he withdrew. i can't imagine they really want to sue and relitigate and put this out even in more press about what a racist you know

what he is. i think what they're trying to do is get the school to back off on, okay, we don't have the authority to expel you because this didn't disrupt classes, it wasn't done on campus. and that way he doesn't have an expulsion on his records. i think that's what it is a negotiation ploy. i can't imagine they really want to go forward. >> or even return to the school. because how are they going to walk around campus of that school after this? >> let's shift gears. there was a bizarre interview on dr. phil. now, this relates to the coma that whitney houston's daughter bobbi kristina has been in for some time. there was an incident she was found in her bathtub just like her mother. people thought she died. she's been in a coma ever since. this is her boyfriend. there's been suspicion about her death. a criminal investigation is open in her death i understand it foul play is being investigated. they said she had some unexplained injuries to her

body. and now her boyfriend who was with her on the night in question and admits to an argument sits down with dr. phil. and here is just one of the sound bites. listen. >> i miss kristi and whitney so much. oh, my gosh i mess them so much! >> i don't know. what do you think? >> well, i mean, if i'm gauging him -- putting my police hat on, he didn't seem very sincere in that. >> seemed like he was faking it. >> yeah. there's no question that the guy's a mess. he's a mess on a whole bunch of different levels. but as to there it looked like crocodile tears. looked like susan smith when she was crying about the fact her daughters were missing and she ended up having been the one drove them into the lake. she was standing there crying and looked at her and went

that's not true. >> here's another sound bite in case you're not convinced. >> mom, i would never hurt anybody! i like people. i love babies, everything! >> i know i know. >> i love babies? really? >> he went into rehab. that's a voluntary thing. a lot of times defendants do that to try to curry favor with a judge if they think they're going to be charged. they want to be able to go in front of a judge -- their lawyer go in front of a judge saying he's trying to better his life. he went into rehab voluntarily. we don't know what the prosecution is going to show. it may show he's criminally involved in the sense he got into a physical altercation and beat her but had nothing to do with her ultimate situation in the tub. or it may show that he actually was involved in the attempted mur or may show no criminal responsibility. either way rehab doesn't get him out of anything. >> he says i guess the bruises came from him trying to perform cpr on her. i mean, when it's just his word against possibly no one's word because she's in a coma, he's

going to say we had an argument, yes. but then she did whatever she did to herself. >> sure. that's certainly going to depend on where the bruises are on the body. i've performed cpr on people. if anything you get bruising on the chest bone where you're compressing. she got smacked around on the face or bruises on the back of her neck from having her head held down those are significant in a different way. >> you perform cpr on people? >> i actually performed it on my neighbor's father about a year ago new year's eve when he had a massive heart attack. >> oh, my goodness. i knew you used to be a cop but that's amazing. good for you. yes, there we go. deon whose birthday it is today celebrating life understandably. i'll ask you off the air how it worked out. great to see you, judge. >> always a pleasure, megyn thank you. up next the r-rated story of a pilot with a naughty sense of humor.

and a remarkable -- direction.

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it's a bird. it's a plane. it's a -- what? something shocking was revealed in the florida skies when someone watching a flight tracker website noticed a private plane had flown a very private past. we enlisted a very experienced pilot to check out this story, trace gallagher. >> megyn, this actually happened in the sky over disney world in central florida, but rest

assured nobody who was wandering the happiest place on earth saw anything filling the sky because this was not a giant sky penis. it was a radar penis, only visible to those who happened to be on flight tracker 24. that's the website where you track the movement of various aircraft. in this case the skilled pilot took off and quickly made a sharp right-hand turn went left and then flew straight down one side, made 180-degree turn back flew down the other side before making another right and a few sweeping left hand turns. now, no one knows if the pilot did it on purpose, but if he didn't it would be a huge coincidence. and who knows maybe the pilot was trying to draw a giant airplane and just didn't have enough fuel to draw the wings. by the way, this aeronautical artist was doing hissin indecent doodling in a private pilot sketching a private part. not that size matters but this pattern was about 18 miles long.

megyn. >> you know, it's friday night. it's almost 10:00. you know we could get away with a little more i think, i don't know. we're taking your thoughts on it. we'll be right back.

o'reilly had a great profile

of janice dean we had to share. >> you drop out of grade school and get a job as a cop. >> well, i actually during high school i worked at the bylaw enforcement department of city hall. >> what is that? >> a bylaw officer, again a canadian thing a bylaw officer is a job that you take that the cops won't do. dog calls barking dogs loud noise calls. right out of college i went to the local radio station which was a classic rock station. 40 minutes of continuous classic rock on chez 106.1. i started i'd like to be a deejay so i did overnights and weekends and then went to midday. >> l.e.d. zeppelin. >> you also write childrens books. why do you do that? >> doi that to teach kids about weather. i think it's important to teach kids why things happen in the atmosphere. weather can be scary, but if you can sit down with your kids and talk about why weather happens with parents teachers, i think

it takes the scare out of weather. i've got three books now. the third one comes out in july. it's a hurricane book. it talks about why things happen and how you can prepare in advance. >> great job, j.d. thanks for watching everybody. i'm megyn kelly. it's an endless barrage. mortars, they shake the earth man. >> they believe they're holy warriors. >> they started shooting at us from all directions. >> but there's nothing holy about them. >> if a girl refused sex, they would rape her. >> tonight, the evil known as isis. >> they tied them to a chair threw water on their bodies and attached electrical cables to them. >> in this house right here 18 members of the family were killed. over there 30. >> can they be stopped? >> to defeat them is very possible. >> and is america doing enough? >> how do america's other arab