Skip to main content

tv   The Kelly File  FOX News  October 13, 2015 6:00pm-7:01pm PDT

6:00 pm
tomorrow, a big factor, react with trump leading it off. again thanks, for watching us tonight. i'm bill o'reilly, please remember this spin, it stops right here, we're definitely looking out for you. >>. breaking tonight, new fallout in the latest interview by president obama by accusing fox news of trying to make him scary and raises questions of people of faith. welcome to the kelly file, everyone, i'm megyn kelly t. president made a lot of news in the last 24 hours, first in a sit down with "60 minutes kwnts and now with a sit-down talk with one of his authors. it was a wide ranging six. he suggested at one point his initial success came because quote conservative media had not yet weighed in. >> it's interesting because we're talking iowa.
6:01 pm
people always i think were surprised about me connecting with folks in small town iowa. and the reason i did was, first of all, i had the benefit at the time that nobody expected me to win. and so i wasn't viewed through this prism of fox news and conservative media and making me scary. >> the president also putting forward a question, whose main assumption was that people of faith are often the most suspicious of others. listen. >> how do you reconcile the idea of safety being important to you and you carrying a lot of bad taking faith seriously with the fact that at least our democracy and our civic discourse it seems
6:02 pm
as if folks two take religion seriously are also those who are suspicious of those not like them. >> hmm. let's drill down on this one with two political messages pros, a fox news contributor and speech writer for president george w. bush and bill burrton a former obama white house deputy press secretary. good to see you both. i'll start with you mark, here if d.c., great to see you. great to see you, bill. i guess it's that republicans, conservatives and then fox news have made him scary. that's what he attributes his problems to. >> he doesn't need fox news to make him scary. he is doing a good job on his own. have you seen the middle east in recent times in it's scary. calling isis the jc team while they take over the territory the size of great britain. that's scary. paving the way for a russian alliance out of the middle east. that's scary. so barack obama is doing a good job of scaring person pooels
6:03 pm
people with his policies. >> what about that, bill? he's got his policies that he will do well on or won't do well on. now we have seven years to judge him on. what is it with, you know, it's something else, it's not me. it's something else that you should look at to define problems that have come my way? >> megan, i don't think that's what the conversation was about. it wasn't about what barack obama's problems and where they were coming from, it was a conversation about christianity characters and books and the one quote that did not get read on the air just now is the president isn't just talking about one group of christians, he's talking about a bunch of different groups of christians. he makes fun of liberal christians for being wishy-washy before the part that you read. i think the president is giving a wide ranging interview on different things. that's one part of the conversation. >> that is the other piece of it, mark, which is the religious people. how do you square being a person
6:04 pm
of deep faith when we all know that it's people of deep faith who are the most suspicious of others? >> yeah, barack obama has this terrible habit of questioning the motives and morality of people that disagree with him. it's the exact same. . he was reading there in 2008. it's interesting it was in 2008 that he said, quote the people get bitter. they cling to guns, religion or antipathy. >> it's the bitter clinger sounds. >> people that don't look like them. people aren't upset that he doesn't look like him, they are upset with him because they think he's a terrible president. they disagree with liss policies, they don't think he's necessarily a bad person. he doesn't feel that way about conservatives, he thinks conservatives are bad people who don't like people different than they do. that is basically calling them racist. >> what about that, bill. go ahead. >> i was going to say to be clear the president didn't say anything about racism here, it
6:05 pm
was mark who brought it up. secondly, i don't think the president is blaming his issues on other people. what the president is trying to do is have a conversation about different. . he's not questioning motives. he's talking about some perceptions. so i mean if you look at some of the people who are most identified with christianity in public life. look at the presidential campaign, ben carson, here's a president that says a muslim who should not be president. if you look eight cross the spectrum, yes, there are a lot of people associated with highly religious views who do often get perceived as questioning folks different from them. the president isn't saying all religious people don't like people who look different than them, don't like people who aren't the same rejudge i lidgegion than them. what the president is saying is there is often a perception issue that's worth talking about. >> go ahead, mark. >> he said specifically, they cling to guns, religion and from this interview they are suspicious of people who aren't like them.
6:06 pm
how else am i to read that, bill? be i the way, this isn't the only example about this. in 2012, he said about conservatives, if you are out of work you are on your own, you don't have health care you are on your own, if you are born in poverty, you are on your own. it's not that we disagree, he believes that republicans are don't care about people, they're selfish, bad people who don't care about their fellow americans. he is constantly questioning their motives. i think he's trying to do what is best fcountry. he is terribly wrong about it. he thinks i don't care about the poor, people who don't care about people who have an education. it is scary to have someone in the white house. >> he thinks dirty air and dirty water. don't forget that. bill, you understand the messaging, conservative republicans feel that he's constantly attacking them and poking them and blaming them and condemning them and then they think he plays the victim saying, i don't know why they're after me. and try to make me seem so scary, i am very benevolent and
6:07 pm
perfectly willing to talk to these air hating, water hating, poor child hating people. >> i want to get on the record and say that i do not think that mark hates air. i am throwing it out there right now. but i will say. >> bring it out, baby. >> i will say that mark is quite specifically taking something out of context. the president did not say folks are more suspicious. he was saying there is this perception that they are. you know i think for the president so they there are different world views is not ground breaking. to say. i went back and i watched one of the president's speeches after he lost the new hampshire primary. i was on this panel. one of the things that struck me was that in his speech he said, you know what, democrats and republicans, all the candidates in this race, we share the same goals, with which is to make our kids smarter, to make sure kids can get an ed compensation for all their kids. it's just that we have different
6:08 pm
means of getting there. that's what i think gets lost in these conversations. people say all these things about perception, but it's worth knowing that that's where the president comes from, not little snippets of these conversations that he's having. >> you look like -- do i get a chance? no, you do not. great to see both tonight. >> thank you. talk to you later. >> his big new poll numbers and some ugly media attacks that have just surfaced. they are next on how the candidate is handling both, what it means for the 2016 race. plus, meet the woman who sued her 12-year-old nephew for rambunctious behavior. arthur and mark are here on whether the case has merit and horrifying knew details on how a spaengs jet was shot down over ukraine as investigators reveal what they think happened to 298 people inside and who they believe was responsible.
6:09 pm
>> the airplane broing in the air. i'm always there for my daughter. for the little things. and the big milestones. and just like i'm there for her, pacific life is there to help protect me and my family so i can enjoy all life's moments. pacific life. helping families for over 145 years achieve long-term financial security with lifelong retirement income. talk to a financial advisor today to grow your future with confidence.
6:10 pm
6:11 pm
. breaking tonight, new fox polls show a big surge in national support for dr. ben carson. he has gained another 5 points
6:12 pm
since last month and is now neck and neck with done donald trump who is holding steady t. media has rumpd up the criticism finding criticism in simple statements t. latest involved carson's answer to a question about the bible. >> you think we're at the end of days? >> you could guess we are getting closer to that. you do have people who have a belief system that sees this apocalyptic phenomenon occurring and they're a part of it and who would not hesitate to use nuclear weapons if they gain possession. >> well, dr. carson appears to be referring to iran. the islamist state and their violent version vision i should say of ridding the world of infidels. a number of media outlets treat the doctor as a crazy street corner preacher, writing bern carson's apocalyptic fantasies, we are getting closer to the end
6:13 pm
of days. huffington post chides ben carson is getting closer to the end of days, he still wants to be president. cnn reports kwen carson, we're closer to end of days. joining me now fox news editor and host of media buzz right here on fox. so he was trying to talk about ivan's dire wall and he thinks we're owl going to die! >> the ye the rapture a about us. it's all about to happen. it is one in a series, an ongoing series of stories about ben carson is a cook. ben carson is a nut. you hear it. he doesn't talk like a politician. so he talks arnold it. he sort of meanders around. he is not using sound byte language, so they're dock all these gotchas and gets themselves. >> in defense, howie, he does make a lot of gaffes. he gives a lot of fodder to the
6:14 pm
media who want to slam him. >> i understand the fodder about ben carson not advocating a muslim president, the controversy what he would do with a mass shooter. a lot of people saying he was blaming the victims in on the ground. this i don't understand at all. it's a straight forward question about faith. what the media failed to grasp, the more they whack carson, the more it helps him. it's almost trump-like they don't understand his appeal. >> do you think there is any consideration of that? they're not supposed to be considering whether their questions help or hurt him there oh. >> they're not pieced to be. >> i don't think they understand ben carson, his appeal. he speaks in the language of faith sometimes and they feel like he's going to be sinking any time soon and there is some in the media an effort to paint him as a religious whacko. >> is it that far removed from president obama in the a block of the show? those who really mean the
6:15 pm
faith -- and there is an implication like he's a little -- >> again, i make a point, it was clear ben carson wasn't talking about the southern baptists, the united methodists, he was clearly talking. >> our -- right. >> >> chanting death to america. >> if you live your whole life and not been out of a stone's throw away from a good koorned beef sandwich in your whole life, if you lived your whole life here, you have no idea what probably evangelical christians thichlt you probably have no idea what people think of the end of the world, all that stuff. you point and go, look at those weirdo cooks and ben carson is one of them. >> and follow up, they're so intolerant. how closely is this tied to the fact that ben carson is starting to kill it in the polls? the fox news poll, look at us. he's at 2003. he's up five. trump's at 24, down 2. so they are neck and neck those
6:16 pm
two. the next closest guy, he's at 10, 13 points behind ben carson. >> of course, candidates that move up should get more scrutiny. here's what's interesting, early on in this race ben carson said some dumb things, obamacare is equal to slavery, gay guys be gay when they go into prison. >> prison makes you gay. >> he told me if he learned that inflammatoriory language, he would stop. now he seems to have thrown this to the wind. his stop strategist said let's carson be carson. he is embracing who he is. some don't like it. clearly many do. >> the ought. is he beats hillary clinton by any gop running for president. he against clinton in a fox news matchup 50 to 39. hillary loses to every single republican, but loses the most to carson. >> these a disaster right now. >> the.
6:17 pm
ability ben carson, he is doing everything wrong, he had no name icing, no organization, he started without no dough, followed none of the rules. >> low key, doesn't speak in sound bytes. >> guess what happened. people like, respond. it counts a lot to be liked and trusted. what republicans are saying, we didn't know him. the more he hear him, they're going for it. his favorability ratings stay high. people are not turning on him. how long n it may last? i don't know, rights now he has defied gravity and every chattering head. >> the republicans say the more you tell us we're not supposed to like him, the more than we do. well, a major whilestone in the freddie grey case out of baltimore and why all six officers in his death wound up in court together for the first time today. we weigh in on the big ruling that came down this afternoon. cnn announcing it is taking
6:18 pm
a different approach to the democratic debate, the democrats will be held to a different standard than the gop. brent bezell joins us next on how that will work and why. >> i don't think this is a debate where you will have candidates attack each other. cash card from capital one. i earn unlimited 2% cash back on everything i buy for my studio. ♪ and that unlimited 2% cash back from spark means thousands of dollars each year going back into my business... that's huge for my bottom line. what's in your wallet? big day? ah, the usual. moved some new cars. hauled a bunch of steel. kept the supermarket shelves stocked. made sure everyone got their latest gadgets. what's up for the next shift? ah, nothing much. just keeping the lights on.
6:19 pm
(laugh) nice. doing the big things that move an economy. see you tomorrow, mac. see you tomorrow, sam. just another day at norfolk southern. inthe mid-size van, from mercedes-benz. it's got small-ability and big-ability. towing-ability and stowing-ability. rack-ability and hvac-ability. it's fully customizable and sized just right to give you cupcake-ability, entourage-ability... ...garage-ability and even afford-ability. starting at $28,950. available in cargo or passenger. from mercedes-benz. the has unlimited access is thatto information,tion no matter where they are. the microsoft cloud gives our team the power to instantly deliver critical information to people, whenever they need it. here at accuweather, we get up to 10 billion data requests every day.
6:20 pm
the cloud allows us to scale up so we can handle that volume. we can help keep people safe; and to us that feels really good. you're down with crestor. yes! when diet and exercise aren't enough, adding crestor lowers bad cholesterol up to 55%. crestor is not for people with liver disease, or women who are nursing, pregnant, or may become pregnant. tell your doctor all medicines you take. call your doctor if you have muscle pain or weakness, feel unusually tired, have loss of appetite, upper belly pain, dark urine, or yellowing of skin or eyes. these could be signs of serious side effects. i'm down with crestor! make your move. ask your doctor about crestor. awe believe active management can protect capital long term.
6:21 pm
active management can tap global insights. active management can seek to outperform. that's the power of active management. breaking tonight, cnn admitting it is taking a different approach with the democratic presidential debated than it did with the republicans. in the first matchup, moderator jake taper used his line of questioning to pit the republicans against each other. here's a sample of that. >> governor christie, i want to ask you about something dr. carson said the other day. he sid campaigning is easy for him, he's not a politician, he can tell the truth, therefore, while politicians have their finger in the air to see and do what is politically expedient. governor christie, tell dr. carson, is that a fair description of you? >> nor cruz, governor kasich says anyone promising to rip up
6:22 pm
the iran deal on day one as you have promised to do is quote inexperienced and quote playing to a crowd. resprond to governor kasich, please. in an interview last week in "rolling stone" magazine, donald trump said the following about you, quote, look at that face, would anyone vote for that? can you imagine that in the face of our president. mr. trump later said he was talk object about your persona not your appearance, please feel free what you three about his persona. >> anderson cooper hosting tonight's matchup said days ago he did not plan on following taper's lead. >> i don't think this is a debate where you will have candidates attack each other. we have not seen that on the campaign trail. i am always uncomfort ability of setting people up to promote a sort of a faceoff. i think, look, these are all serious people. there is a serious debate. they want to talk about the issues. i want to give them an opportunity to do that. >> joining me now brent bezell the president of the media
6:23 pm
center. good to see you. so where is the controversy? anderson will do it differently than jake did it. he's a different moderator. isn't he doing what most viewers who watched that last debate wanted taper to do. don't make it all about the dog fight? >> yeah, i don't mind what jake taper did. first what did he do? there were 74 questions asked. 55 were designed to get republicans to fight with each other. only one was designed to get them to respond to hillary clinton. >> is that right, just one? >> i have no problem with that. just one, just one. 55 and one, remember those numbers because i'd have no problem if tonight they did the exact same. with the democrats. if there were 55 questions designed to get them to squabble with each other and only one directed at the republicans. you know that's not going to happen. not only is it going to happen, anderson cooper said it's not going to happen. i love this. he says i'm uncomfortable with setting people up to kind of promote some sort of a faceoff.
6:24 pm
he's got a problem with his 18 e own colleague jake taper. that's who he is talking about. >> so that's his right. he's the moderator. taper is not. this is his ball game. here's my question to you, his justification was, they're not going after each other like that, the gop the republicans had been i guess tapper felt there was much more fodder to ask one or the other. keeper says these dems have been respectful of each other, i don't think i have the am 96 even if i want to do it. >> i don't think anderson cooper has in a solo way to do on a network that has just done the opposite with republicans. cnn followed one tact with republicans, cnn has the responsibility to do the exact same. with democrats. if they want to go oprah with democrats, go oprah with republicans. but here are the words, this is just key here. he said i think talking about
6:25 pm
the democrats, i think these are all serious people. this is a serious debate. they want to talk about the issues. er that not serious people. they don't want to talk about serious issues. >> that just smacks of elitism. >> well, what about, how important is it that he try to draw distinction between these democrats running and president obama? >> i think, i think tough questions and i mean i listen to the first few ones, tough questions are fine. all i'm asking, megan, is that both sides be treated equally. i don't mean to be disparaging of oprah. you know what i mean, if you have a conversation with one side, have a conversation with the other. if you will be hard hitting with one side, fine, be equally hard hitting. if you go mike wallace on one side, go mike wallace with the other. if you is r ask tough questions with your opponents, ask tough questions on both sides. >> here at fox news, we have a debate team. bret baier, chris wallace and i
6:26 pm
are the team. will you see us at the next debate. you will see us, tonight. and that allows for consistency across the board. it's great to see you, brent. >> thank you, mech. so just so you know, you are watching this debate for you. obviously, not everyone wants to watch it. if you would like to watch the breakdown of it. join us at 11:00. we will have live coverage of what happened and the highlights and so on. speaking of politics, this coming thursday in a cable news exclusive, charles koch, yes, that charlescoch, the guy, the left loves to hate more than anyone else in this country it seems as times sits down with yours truly in a remarketable exchange. here's a sneak peek. do you believe that the democrats, including the president, have tried to make boogie men out of you and your brother david? >> oh, definitely, that's a full-time job on their part. i mean, that's why i have never
6:27 pm
been that fond of politics and only got into it recently kick and screaming. >> why do you think they have been so relentless? harry reid, mentioned the koch brothers, they painted you as evil t. white house put you on an enemy's list back in the 2012 campaign. thenceish to that question and so many more. mark it often your calendars, set your dvrs. you don't want to miss this interview. charlgs koch on the "kelly file" this thursday, 9:00 p.m. a big announcement from planned parenthood, a series of sting videos that appear to show the organization trying to make money off of the sale of fetal tissue. something planned parenthood denied. now they have changed a policy and we have that story next. plus, investigators shared some horrifying details about exactly what happened when flight mh17
6:28 pm
was shot down over ukraine. we'll show you the report that is confirming the long held suspicions that vladmir putin and russia may be directly to blame here. we live in a pick and choose world.
6:29 pm
choose, choose, choose. but at bedtime? ...why settle for this? enter sleep number. don't miss the columbus day sale. sleepiq technology tells you how well you slept and what adjustments you can make. you like the bed soft. he's more hardcore. so your sleep goes from good to great to wow! only at a sleep number store. right now save $600 on the #1 rated bed, plus 24-month financing. hurry, ends tuesday! know better sleep with sleep number.
6:30 pm
to build something smarter. ♪ some come here to build something stronger. others come to build something faster... something safer... something greener. something the whole world can share. people come to boeing to do many different things. but it's always about the very thing we do best.
6:31 pm
♪ . terrifying new details tonight on flight mh17, the commercial airliner shot down over ukraine last year. dutch investigators releasing their findings on the cause of that crash today suggesting that the 298 people who were killed all by a handful likely suffered unthinkable deaths. the dead included an estimated 80 children, mothers, father, grandparents, even some babies and today verdicts illustrated their findings with an an makes of what they think happened. a russian made rocket exploding just outside of the cockpit
6:32 pm
tearing the flight deck right from the plane and killing three crew members insfantly. it's what they say happens next that defies imagination. the plast sending a pressure wave throughout the plane milliseconds later, causing debris to go flying, temperatures to plummet and creating russia's air so powerful it reportedly tore the clothes from people's bodies. verdicts estimate that some people could have survived up to a minute, russia claims the report is biassed. but if true, comments like these from president vladmir putin are likely to take on a whole new meaning. >> marco rubio is running for the republican nomination. he said that you were like a gangster. >> how can i be a gangster if i worked for the kgb? ? come on, that does not correspond to reality. >> trace gallagher reports live from our west coast newsroom. trace. >> reporter: megan, dutch
6:33 pm
investigators reconstructed the entire front section of the boeing triple-7 using recovered wreckage scattered for miles t. report included the impact pattern could only have come from a surface-to-air missile. they believe it was a russian missile. which is consistent with what the united states and ukraine believe. animated video shows the missile exploding three feet from the cockpit killing the flight crew and spraying their bodies with thousands of metal fragments. the force of the explosion tore away the cockpit and the floor business class. but the rest of the plane kept flying for another 5 miles. it is likely some of the 298 people on board either died quickly or lost consciousness, many may have been fully conscious for up to a horrifying minute-and-a-half. the report was not intended to assign blame. it does say the pro russian rebels were in charge of the area where the missile was fired. here's the ukrainian foreign
6:34 pm
minister. >> bringing such highly sophisticated extremely dangerous air-to-missile system is exactly for me an example or affections which could be and should be created as an act of terrorism. >> russia has now released a competing presentation saying the type of missile described is no longer found in russia's arsenal and it must have been fired from ukrainian-held territory. the u.n. security council wanted to set up an international tribunal to register the disaster. they vetoed that request. >> trace, thank you. als breaking tonight the president of planned parenthood has now announced the group will no longer take reimbursements as a part of the fetal donation program t. change comes after a series of sting videos that appeared to show them profiting from the practice, well, that was what the critics said as
6:35 pm
doctors on hidden cameras negotiate price and discuss how to get more valuable samples. we have both sides tonight with us with the family research council president tony perkins and also nationally syndicated radio host richard fowler. good to see you both. tony, what do you think that their decision, they're not stopping the donation program, they're stopping the reimbursement that they have been saying that says about planned parenthood. >> i think they're in crisis mode. they know that congress is on their tame, chasing them and they're hoping that this will throw congress off, because they know better than anybody what congress is liable to find if they continue with this investigation looking into what they're doing. not unlike when i was a police officer, you'd be chasing a car, they would throw something out the window, hoping you would either stop chasing them or they wouldn't be caught with the goods. it didn't work for them. i don't think it will work for planned parenthood either. >> richard the group that was
6:36 pm
behind the sting videos comes out and said this, if the money planned parenthood is receiving for baby body parts were treely for reimbursement, why can sell it? >> oh, i think what planned parenthood is to be above board as they have always been and do the humanitarian work they continue to do i think the question for tony and a lot of women are asking this question, what do you think congress is going to find that planned parenthood does ma'am mo gram screenings and cancer screeningings, they help people make life decision, preventing stds? that's what they do each and every day. >> planned parenthood has nothing wrong with the investigation, why not welcome it? why have they objected so loud? >> that's why you saw cecil down on capitol hill last week for almost three to four hours answering every question. planned parenthood understands they've done nothing wrong,
6:37 pm
botched videos were edited, videos were not disputed to congress. >> if they've done nothing wrong, why are they can selling the reimbursement? why not say we have done nothing wrong? we will not clang a. ? just a few weeks ago, she was proud of this now they're can selling the reimbursement. by the way, richard, they don't do mammograms. >> they refer -- >> there are at least four other areas where there is clear violations or could be violations which are criminal. >> that is altering procedures in order to get those baby parts out. >> that would be illegal. >> it would be illegal. >> they properly got concept. there is also the issue of partial birth abortion and even killing a child that's born alive. so there is a lot more questions that planned parenthood has to answer. >> megan let's talk about the record, first of all, like we said, these videos were highly
6:38 pm
et id. everybody understands that. -- >> they are not. they are authentic. >> only 3% of the work that planned parenthood does is around abortion and abortion services. the other 97% is about making sure that women stay healthy and make healthy sexual choices. the hypocrisy for me here is astonishing. you look at congressman jason chafee, that i ared adamly against it. as soon as that baby is born they cut wic. let's talk about cradle to life where they're not pro-life. >> go ahead, tony, quickly. >> look, we're talking about planned parenthood caught in activities that appears to be illegal. congress has a right because they're receiving over a half, almost a half billion of taxpayer money. >> it doesn't look like this is going to stop the investigation.
6:39 pm
>> it goes for women's health -- >> got to go. okay. well, with ealso got big news from the publishers of "playboy" magazine. after more than 60 years of centerfolds, they are going to focus on the news, the centerfolds are going away. and games rosen, a special correspondent for this magazine. yes, that's true, is here on that decision and what makes. so special. plus, mark and arthur are here on the trial of the baltimore six. plus the controversial case of the new york city woman who spent the day suing her 12-year-old nephew. and the pro-confederate flag group that just got happen issed with terrorism charges. that's next. i have type 2 diabetes. i started with pills.
6:40 pm
and now i take a long-acting insulin at night. i take mine in the morning. i was trying to eat right, stay active. but i wasn't reaching my a1c goal anymore. man: my doctor says diabetes changes over time. it gets harder to control blood sugar spikes after i eat and get to goal. my doctor added novolog® at mealtime for additional control. now i know. novolog® is a fast-acting, injectable insulin and it works together with my long-acting insulin. proven effective. the mealtime insulin doctors prescribe most. available in flexpen®. vo: novolog® is used to control high blood sugar in adults and children with diabetes. take novolog® as directed. eat a meal within 5 to 10 minutes after injection. check your blood sugar levels. do not take novolog® if your blood sugar is too low or you're allergic to any of its ingredients. tell your doctor about all medical conditions and medicines you take. ask your doctor about alcohol use, operating machinery, or driving. the most common side effect is low blood sugar. symptoms may include dizziness, sweating, . . .
6:41 pm
in your blood and injection site reactions. get medical help right away if you experience trouble with breathing, serious allergic reactions like swelling of your face, tongue, or throat, sweating, extreme drowsiness, dizziness, or confusion. now i know about novolog®. taken by millions since 2001. vo: ask your health care provider about adding novolog®. it can help provide the additional control you may need. still not sure whether to stay or go on that business trip? ♪ should i stay or should i go well this fall stay with choice hotels two times and earn a free night. when it comes to business, you always have a choice. book now at the new choicehotels.com
6:42 pm
roasted turkey cranberry flatbread online with rapid pick-up then eat it, however you like. panera. food as it should be.
6:43 pm
a major milestone in fred city dpra's case, at issue were some of the statements to investigators about what happened on the day freddie grey was arrested. the defense argued some of the officers were tricked into making those statements. today a judge ruled those statements are still admissible. so a setback for the defense. a criminal defense attorney and former prosecutor and a fox news legal analyst and a new york trial attorney. great to see you both. mark, basically, this judge said the statements by two of the officers in particular, including sergeant alicia white
6:44 pm
can come in against her, even though her lawyer said she gave statements about being mirandized, she wasn't read her rights. >> i don't like this ruling. the constitution applies to everyone, including law enforcement officers, i don't like the fact these officers have to choose between their cherished fifth aimed right not to incriminate themselves and their livelihood, if you don't cooperate, you don't feed your family. that's not a freely and voluntarily relinquished right that took place. i don't agree with this ruling. >> that's the position they were in, arthur, they are being asked questions, are you being asked questions in your roam as a cop an assistant to the pros security who mites be charging freddie grey or somebody else or are you the defendant? >> well, let's give credit to officer goodson or his or her attorney. his attorney, him or her, because he didn't speak has the only one of the six. >> the driver of the van. >> he's in the best position regarding that.
6:45 pm
you are in front of the judge who routinely is, defense attorneys are saying that their civilian client was tricked by the police into giving a statement. the judges routinely say, no, i don't believe that. i don't think they were tricked. i am allowing the statement in, how do they say to police officers who know the law better than civilians? >> the confusing. for these cops, they were in a different roam. they're answering questions about an incident, they don't know whether they are a potential defendant in a criminal case or whether they are there as cops trying to assist in a different case? >> it's even worse. officer white maintains, i have no reason to disbelieve her, she was told, she was a mear witness. she was ah, we need to get your testimony or witness in this case. she doesn't think she has anything to worry about. while trickery has been upheld. they allow trickery on civilians. in this case, arthur, it smells. >> we have another case here, so
6:46 pm
now apparently terrorism charges have been brought against a group waving a confederate flag in georgia. 15 members of the group respect the flag has been indicted. tell us why, arthur. >> well, first of all, there is a long grand jury. this happened in july. this just came down. so that's a good. . time, it was no rush to judgment like it was in the freddie grey case. apparently, there were threats. you are allowed to use words, once it crosses that line into menacing, someone said they heard something about guns, i'm going to shoot you. that's where a grand jury has ruled across the line. >> the n-word, too. mark, terrorism charges, how, why, how'd they get there? >> ultimately that's what they call it in that state when you move from protected speech to fighting words. and it wasn't just saying the n-word. because that's unfortunately constitutionally protected. it wasn't just the flag. it was everything plus fighting words that the encouragement of committing crimes.
6:47 pm
violence. >> true fighting words are those inciting somebody to act immediately in a violent way. it's not angry rhetoric. there they were there in front of the house. >> at a birthday party. they were there. >> someone heard them say, we got a gun, go shoot the blank. that's different than just expressing your opinion under the first amendment. >> absolutely. here's the last. the most ridiculous. mark knows the case, you are getting to now. why are you doing that? in the case of this poor, poor lady. who was suing the 12-year-old nephew for breaking her wrist at his birthday party when he turned 8. >> yeah. because maybe it's a money dprab. that's why! -- a money grab. obviously, when you hold an 8-year-old responsible for hugging you and hurting your wrist, a jury will always find are you grabbing the money.
6:48 pm
they did. >> it gives lawyers a bad name. my father told me no matter what, you never sue someone in your own family under any circumstance zpls you know what he said to her, benefit he bolted towards her, auntie jen, i lover you. i want to see eight thousand times and sflap of your bones. >> messen, you got to use your good hands to say good-bye to the family relationship. >> i enjoyed this one tonight. >> me too. coming up, we'll tell you about the surprising change that "playboy" is making to give a boost to its readership, special "playboy" correspondent james rows isn't here next. my name is mark amann.
6:49 pm
6:50 pm
i'm a gas service rep for pg&e in san jose. as a gas service rep we are basically the ambassador of the company. we make the most contact with the customers on a daily basis. i work hand-in-hand with crews to make sure our gas pipes are safe. my wife and i are both from san jose.
6:51 pm
my kids and their friends live in this community. every time i go to a customer's house, their children could be friends with my children so it's important to me. one of the most rewarding parts of this job is after you help a customer, seeing a smile on their face. together, we're building a better california.
6:52 pm
>> she sang the national anthem before the democratic debate and it was a little rough. >> so yeah, i've written four times for "playboy" since 2006. i've gotten that joke about reading it for the art ingalls many times. the media landscape has changed from 1953 when hugh hefner started playboy. >> what happened? men no longer want to see nude women? >> they can go to the intersnet
6:53 pm
to do it. >> internet. >> free. >> yeah. >> and this means that playboy will tilt more toward the highbrow literary aspect. >> it has been respected for its writing. >> and not tilt so much to that other stuff. >> so now, what does this mean? their circulation is expected to increase because the stats say they had 5.6 million in '75, now the circulation is 800,000. do they believe they'll get those numbers back if they take out the nudies? >> the nudies. what year is this? look, they have some internal data that show that people under 30 surged toward the magazine and toward the website once nudity was removed from the website in 2014. and so if they kept the nudity in, their numbers would skew towards 47, 48 years of age and that brings them down into the 30s and that's desirable. >> as great as your writing is,
6:54 pm
i recommend it in any form, did it hurt to see all this great journalism you're doing right below down south in rio on a woman. taking a trip down the rio and there's james rosen. >> down south to rio. am i blushing, tom? yeah, it was a little odd. but i also had my guy friends literally bowing down to me and saying, it's over. you're the king. >> you don't get to actually meet the women. >> i never met the women, i never met hef, i have never been to the mansion. but i'm still a young man. >> james rosen, thank you, sir. >> special correspondent. >> we'll be right back. don't go away.
6:55 pm
at ally bank no branches equals great rates. it's a fact. kind of like playing the boss equals the boss wins. wow! the wolf was huffing and puffing. like you do sometimes, grandpa? well, when you have copd,
6:56 pm
it can be hard to breathe. it can be hard to get air out, which can make it hard to get air in. so i talked to my doctor. she said... symbicort could help you breathe better, starting within 5 minutes. symbicort doesn't replace a rescue inhaler for sudden symptoms. symbicort helps provide significant improvement of your lung function. symbicort is for copd, including chronic bronchitis and emphysema. it should not be taken more than twice a day. symbicort contains formoterol. medicines like formoterol increase the risk of death from asthma problems. symbicort may increase your risk of lung infections, osteoporosis, and some eye problems. you should tell your doctor if you have a heart condition or high blood pressure before taking it. symbicort could mean a day with better breathing. watch out, piggies! (children giggle) symbicort. breathe better starting within 5 minutes. call or go online to learn more about a free trial offer. if you can't afford your medication, astrazeneca may be able to help.
6:57 pm
6:58 pm
we are live in d.c. tonight because today i had the honor of speaking at fortune's most powerful women's summit. this year's theme is leading with purpose. and here with the very first question host patty sellers asked me. >> what does power mean to you? what does that word mean to you? >> i think it's synonymous with freedom. you know, choices. i mean, i think one of the things that gives me power in my job is i don't need my job. i love my job. i would like to hold on to my job. but god forbid i got fired tomorrow, i'd be just fine. and i would have said that eight, nine years ago when i was only a first or second-year, you
6:59 pm
know, reporter at fox news. because i like to hedge my bets and i like to make sure i have a few different options. so when i first started in television, if television fell through, i was going to go back to my legal practice and make use of my legal skills. and now if i did or said something catastrophic that ended my television career tomorrow, i'd find something else to do. so for me, that empowers me to make the choices that are right for me and allows me not to let any one person, whether it's an employer or someone else i have to deal with control me. by the way, i don't think i am getting fired. no one has said anything to me. i feel pretty good. i like being here. we ended by discussing my 4-year-old daughter yardly who came with me on the trip. watch. i said, you know where we're going, honey, the fortune's most powerful women's summit. and she said, are we two of them?
7:00 pm
yes, you are. and yardly, you are one of them. >> great moment. hey, we'll have full coverage of the debate happening at the other channel at 11:00 this evening. krauthammer, hume and so on. join us then. tonight, president obama bashes christians once again and takes a shot at fox news. 2016 gop presidential candidate senator ted cruz is here to respond. >> if you become president, will a woman make the same as a man and do i get to choose what i do with my body? >> then a volunteer for jeb bush confronts donald trump at a town hall event. >> i knew i shouldn't have picked her. >> and do these internal gop feuds help or hurt the party? >> we finally, once and for all, have to make sure women get equal pay for equal work. >> plus, hillary clinton claims to be an advocate for women, but a new book claims that