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Kelly File

Was Baltimore DA Marilyn Mosby's Twitter account hacked?

This is a rush transcript from "The Kelly File," May 28, 2015. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Developing tonight, "The Kelly File" taking a closer look at the Twitter feed of the Baltimore State Attorney Marilyn Mosby, and the alleged hacking of her account.

Yesterday we reported that her office denied that she sent out her support for two controversial tweets or messages, including one that referred to these police officers who have been charged whom she is prosecuting as thugs and another one that took a shot at white people.

Today we dug further into the story, and Trace Gallagher has our reporting tonight -- Trace.

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Megyn, when Marilyn Mosby's official Twitter account was apparently hacked last week, her representative was very quick to announced it online and confirm it to the local media.  Mosby even used her personal Twitter account to alert people that her office account had been hacked, but there was never a mention of her personal account being hacked until reports surfaced that she favorited those two controversial tweets. One, referring to the indicted police officers as thugs, the other saying she infuriates a certain type of white person.

The claim is the hackers only changed those two tweets, but we found that Marilyn Mosby certainly likes to pick favorites. In fact, since the first of the month she has favorited 111 tweets, including one that slams Fox News and another tweet by the very same woman who said she infuriates white people.

And despite the alleged hack, Mosby's personal account, unlike her official account, was not taken down or suspended and still has the same user name.

We also found that Marilyn Mosby's seldom posts original tweets, only four in the last month. Instead she mostly retweets what others have already written. She also rarely responds. But she did thank social activist Deray McKesson for his support. The New York Times says McKesson has built the most formidable American protest movement of the 21st Century and has posted messages like quoting, "I am interested in the political leaders bold enough to stand up to the organized hate of police unions. Where are they?"

Mosby's office is still trying to sell the public on two separate hack jobs, but reaction shows the public is very skeptical about the second -- Megyn.

KELLY: Trace, thank you.

Joining us now with more, Arthur Aidala, a New York trial attorney Fox News legal analyst. And Mark Eiglarsh, who was a criminal defense attorney and a former prosecutor.

I mean, you tell me, Mark, whether this passes the smell test.

MARK EIGLARSH, CRIMINAL DEFENSE ATTORNEY: Oh, I'm one of those skeptical fellas. Look, I'm a defense lawyer, sSo I'll say in her defense anything is possible. I'll also say like Kim Kardashian could get the Republican nomination, anything is possible.

(LAUGHTER)

KELLY: Oh, my! My head is going to explode.

EIGLARSH: But let's go with her philosophy here. Hackers, or maybe just one, at great risk chose a law enforcement officer, which she is, and hacked into her account so he or she can hit a thumbs up on a couple of kind of innocuous comments? Really?

KELLY: Right. The damage -- this must have been the laziest hacker ever, Arthur. He got in there and unlike the guy who actually did hack her professional account, the state's attorney's account, which was in a foreign language, by the way. Right? I mean, it wasn't even in English.  And got in there and started sending out bizarre stuff. It was in Turkish.  Messages like "Saltwater for five minutes when I enjoy all the pain out of a signed eggplant," written in Turkish. This guy was much more nefarious, just giving a little thumbs up to two tweets.

EIGLARSH: Subtle. Very subtle.

ARTHUR AIDALA, FOX NEWS LEGAL ANALYST: Megyn, call me old-fashioned.  But a prosecutor has a very different position than every other elected official. I don't really have a problem with the president of the United States having a Twitter account and letting his feelings known, but as a prosecutor you're held to a different standard. You're a quasi-judicial elected official. It means you're a little bit of a prosecutor and you're a little bit of a judge because you decide what cases go in front of the grand jury. And I think you lose some of your own first amendment rights to Twitter and Facebook when you're in the position of judging other people's liberty or taking their liberty away.

So, I don't even think -- I think as nicely as I can say this, I think she's been very immature. Your last segment you used the word, she's acting inappropriately, I figured how you put it. I think she's immature. She's 35-years-old. She's not ready for prime time. I'm not saying she's not trying the best she can but she's not hitting it.

KELLY: Immature is fine. You always start off immature. Right.  Most lawyers get their law degrees around 24. You know, you're not necessarily the most mature. But it's been 10 years now for her, and she has a very powerful position. And between the "this is our time" and retweeting somebody that says she infuriates a certain kind of white person, if she did that, and then on top of it, Mark, we haven't gotten to if she favorited those tweets then she has compounded the problem by lying about it to the national media when she got caught. And that poses a separate problem for Ms. Mosby if it is true.

EIGLARSH: Absolutely. But let me just tell you, she can take steps in the right direction to some extent with me by redeeming herself, showing that she can be kind of fair by walking into court on this latest motion, if she's being intellectually honest to everybody --

KELLY: To change the venue.

EIGLARSH: Yes. And say we stipulate, we agree, there is no way that you can get a fair and impartial jury here when I hear -- I'm being Ms. Mosby now, who I know is watching by the way. So, Miss Mosby, so I'll talk to you directly.

KELLY: It doesn't sound she likes Fox News.

EIGLARSH: No, she listens, her ego's not her amigo. She's definitely paying attention.

KELLY: Her ego's not her amigo.

(LAUGHTER)

EIGLARSH: She knows there are people, a movement now in Baltimore to get young men signed up to vote so that they can go into the jury pool --

AIDALA: I've never heard of that in my life.

EIGLARSH: Yes, it's in the motion.

AIDALA: I know it's true. I know it's true but I've never heard of that happening.

EIGLARSH: To get these officers.

KELLY: That is crazy.

EIGLARSH: Unheard of.

KELLY: That is insane if that actually happens. I got to go.  Quickly, Arthur. Quickly.

AIDALA: Even though this venue should be changed, what Mark said could happen is not going to happen, and I wouldn't be shocked if it's not changed.

EIGLARSH: You can do it, Mosby. You can do it.

AIDALA: It should be. It should be. But I wouldn't be shocked --

KELLY: You can do it, Mosby. All right. We've got to go. Great to see you.

EIGLARSH: All right.

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