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Kelly File

New cries of racism over clash between family, police at Ohio public pool

This is a rush transcript from "The Kelly File," June 17, 2015. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Breaking tonight, new accusations of racism and police brutality after a new video surfaces of a white police officer arresting some black residents, this time in Ohio.

Welcome to "The Kelly File," everyone. I'm Megyn Kelly.

What started with a mother dropping off her kids at the community pool has now become a national debate. One of these children apparently broke the pool rules. He was asked to leave. His family objected and things went south from there. This is a different one from the one that we dealt with last week in McKinney, Texas. Just a short time later, the scene in Ohio looked like this.

(VIDEO CLIP)

KELLY: Well, that mother, her adult sister and a 15-year-old boy were all arrested, along with a 12-year-old girl. But does the tape tell the whole story? The mom shown on that tape, Krystal Dixon, is here live, along with her attorney. We'll also hear from Sheriff David Clarke.

But first, Trace Gallagher has more in our West Coast news room.

Trace.

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Megyn, we have more than five minutes of video showing what happened before the incident, during and after. And for context, we will show you the progression. It begins right after the mom, Krystal Dixon, was asked, along with the children, to leave the pool. Dixon confronts the pool staff, asking for her money back. When the staff declines, she walks back into the park and at that point you can see an officer approaches her and he begins asking her to leave. She refuses to leave and refuses to show her I.D. A park ranger then comes over at one point and he starts threatening to make arrests unless they leave. That's when the officer appears to grab Krystal Dixon's arm. Listen to this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Don't touch my mom.

UNIDENTIFIED FEMALE: Don't touch my mom.

UNIDENTIFIED FEMALE: I didn't touch you. Don't touch me.

UNIDENTIFIED FEMALE: Get off.

UNIDENTIFIED FEMALE: Get off of her.

UNIDENTIFIED FEMALE: What's the problem?

UNIDENTIFIED FEMALE: Get off.

UNIDENTIFIED MALE: OK, I asked you to go.

UNIDENTIFIED FEMALE: Get off.

(END VIDEO CLIP)

GALLAGHER: Now to the 12-year-old girl in question. Look at this surveillance video inside the pool staff building. You'll see the girl in the black bathing suit will walk over and she will come and hit police. And then, more kids come over as the camera switches angles. You can see they also start hitting the officer. That's when a pool employee calls 911 and begins describing the very scene. Listen to this.

(BEGIN VIDEO CLIP)

911 CALLER: There are two officers here and they are fighting with them. They are beating up the officers and breaking out of the handcuffs. We need you guys immediately.

(END VIDEO CLIP)

GALLAGHER: Cell phone video then shows an officer wrap his arm around the 12 year old's neck to move her from the wall to a police cruiser. The girl, as you hear, begins screaming, as do others. A female police officer tries to calm her down.

Now, we should note, the family of the 12 year old says she suffered a broken jaw and cracked ribs. A hospital has not yet confirmed that. But while she was cuffed and crying on the ground, the girl only complained about getting pepper spray in her eyes, with the officer telling her how to relieve the burning. Listen to this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Keep blink your eyes. Blink, blink, blink. Listen to me, blink your eyes. The more you blink, (INAUDIBLE) water, the stuff will come out. Like blink (INAUDIBLE). Blink, blink, blink, blink.

(END VIDEO CLIP)

GALLAGHER: Now, Fairfield Police also say Krystal Dixon asked one of the kids to get a Taser from her purse, but we did not see or hear that on the video. The police chief believes, under the circumstances, his officers acted with great restraint. The mayor also believes the police acted properly and they believe if Krystal Dixon had just given her identification, this all could have been avoided.

Megyn.

KELLY: Trace, thank you.

Joining me now is the woman at the center of this case, Krystal Dixon, the mother who dropped off those kids and who was subsequently arrested, along with her attorney, Clyde Bennett.

Thank you both so much for being here.

Krystal, let me start with that - with the injuries to the 12-year - to your 12-year-old niece. Was she hurt?

CLYDE BENNETT II, ATTORNEY FOR KRYSTAL DIXON: On behalf of Ms. Dixon, I'm not going to allow her to ask too many - answer too many questions because she has criminal charges pending against her.

KELLY: OK.

BENNETT: She can answer basic, fundamental questions. But if you asked her about what transpired that day, you expose her to potential information that could be inconsistent with her best interests for the criminal trial.

KELLY: Well, let - well, understood.

BENNETT: So, I'm not going to permit her to answer questions about the case.

KELLY: Let me ask you, Clyde.

BENNETT: You can ask me.

KELLY: Let me ask you whether the 12-year-old niece was hurt.

BENNETT: OK.

KELLY: What were her injuries?

BENNETT: My understanding, based on others affiliated with the case, was that she sustained serious injuries as a result of the altercation with the police officer. Keep in mind you have a 12-year-old girl -

KELLY: A broken jaw, that that was one of the allegations, just looking to confirm that.

BENNETT: That's my understanding. That's my understanding. You have a grown adult male trying to subdue a 12-year-old girl. How much force is necessary to subdue a 12-year-old female if you're an adult grown man? So you have to take that girl and throw her against a car and you that amount of force on her? And if you do do that, is it plausible that she would sustain those type of injuries? And the answer is yes.

KELLY: And yet the problem, as the police would argue it, Clyde, is that it - moments before we see the officer do that to the 12 year old, we see the 12 year old hitting the cop repeatedly in that other surveillance video that was not highlighted by the family's defenders. Here it is. Here she is on the - on the screen, right, in the black bathing suit. See, she punches the cop and then they turn the corner and more punching ensues. And so the police say they were well within their rights. What say you to that?

BENNETT: Ms. Kelly, I've seen the video and I've seen what purports to be this young lady hitting the police officer. Again, if you're a grown man, you are physically grown, you have physical capability to subdue a 12-year- old girl without using excessive force. What type of force is necessary to stop a 12-year-old girl from striking a grown man? The grown man can do a lot of things beside forcibly and excessively and physically grabbing her and throwing her up against a motor vehicle and then pressing her body against the motor vehicle with his. And then -

KELLY: And what did you -

BENNETT: And then -

KELLY: What do you - what do you make of the moment because on the other piece of the surveillance where you see what appears to be the young woman punching the officer, he appears surrounded by family members. And at that point, you know, the backup wasn't there. It was just this cop and one other. And then they turn the corner and you see all the family members come and there's one other cop and so the police are saying he felt threatened.

BENNETT: You saw small children and teenagers screaming and being frightened by the fact that their mother was being physically attacked by a police officer. You did not see children attacking the police officer but for the one 12 year old who made contact with him a couple of times to. Again, if you are a police officer, you do not have to resort to that level of force in order to subdue a 12 year old.

KELLY: Understood.

BENNETT: The other individuals were not making contact with him, they were just surrounded by their mother frightened by what was going on.

KELLY: Krystal, I know that you are pregnant, that you're expecting a baby and that was part of the issue between you and your sister. Your sister did not want them to manhandle you because you're expecting a baby. And yet a lot of people will see the tape and say, then just comply. You know, when the police tell you to do something, just comply and then you deal with it later. What do you say?

BENNETT: Let me - let me answer that question. That's a fundamental miss -

KELLY: Well, Clyde, are you going to let her answer anything because she's - why is she here? Why does she have to say to our audience tonight?

BENNETT: Well - well -

KELLY: Why don't you just - you just let her say what she wants to say.

BENNETT: Well, I'll let her answer something. Can I answer your question first?

KELLY: Well, I would like to hear from Krystal, because we're almost out of time and I -

BENNETT: There's a fundamental missunder -

KELLY: And I'm giving her the floor to say what it is she wanted to say to our viewers tonight. Go ahead, ma'am.

BENNETT: Can I make my point, Ms. Kelly, and then I'll let her speak.

KELLY: Go ahead, Clyde.

BENNETT: OK. There's a fundamental misunderstanding that you automatically have to do what the police tells you to do. The fact of the matter is, in the law, in this country, and in the state of Ohio, is that the police must have probable cause or reasonable suspicion that you've committed a crime, you're in the process of committing a crime or that you're about to commit a crime before they engage you, before they put their hands on your, before they grab you. In America you just can't go up to a person and grab them. And that is what happened in this case. That is wrong.

KELLY: I got it.

BENNETT: So when you ask the question you ask you are basically avoiding the misconduct of the police.

KELLY: Your point is, why should she have to comply with what was an illegal order. And that's going to be your argument.

BENNETT: Exactly. Exactly.

KELLY: I'll give - I'll give you the last chance to have a word, Krystal. Go right ahead. Tell us what you wanted to tell us tonight.

KRYSTAL DIXON: You can speak with Clyde.

KELLY: All right, thank you both for being here.

BENNETT: Did you hear that?

KELLY: Yes, I got it. Thank you both.

Also with us tonight, Sheriff David Clarke of the Milwaukee County Sheriff's Office.

So, there you have it, sheriff, the cops didn't need to use that amount of force to subdue a 12 year old and other family members.

SHERIFF DAVID CLARKE, MILWAUKEE COUNTY SHERIFF'S OFFICE: First of all, that was a textbook response by the police department, totally appropriate and appropriate use of force. I think even a little more force would have been reasonable under the circumstances. They were getting no compliance to their lawful commands. I'm getting sick and tired of people engaging the police in these situations, not complying with their lawful commands, resisting arrest, fighting the police and think that the police should just go home. When you engage -

KELLY: They say it wasn't a lawful command. That seems to be where they're going, it wasn't a law - when he was - he was stopping her, demanding her I.D., et cetera -

CLARKE: It's not a -

KELLY: She had no obligation to comply.

CLARKE: Megyn, it's not up to her. It's not up to those folks on the scene as to whether it was lawful. That gets solved later on in a court of law through due process. When an officer gives a lawful command, that lawful command, like if they tell you to jump off a building, that is not a lawful command. But when they say to leave, when they say put your hands behind your back, when they tell you you are under arrest, you must comply.

When you get into a physical confrontation with a law enforcement officer, I'd like to use that one for a training tape on how officers should behave and respond in those situations. But when you get into a physical confrontation with a law enforcement officer, you can expect to get hurt because I expect that officer to win. I expect that officer to use - and I'll answer that attorney's question as to how much force is necessary to get a 12 year old into custody, reasonable force. Enough reasonable force to overcome, not to meet the resistance, to overcome the resistance.

I agree with that chief. Those officers acted appropriately. They were clear in their command. And like I said, they probably could have used other intermediate weapons, batons, Tasers, to meet that physical resistance. They didn't. That was restraint beyond the call of duty. And like I said, I am tired of these individuals thinking that they can confront the police in these situations and that the police are just going to back off.

KELLY: And now there's an allegation of racism as well. Racism and excessive force and they've obtained a lawyer.

CLARKE: There's no racism there. Megyn, there's no racism there. I'm tired of that, too. Every time there's a white officer that confronts some black individual, right away people jump to race. I've got one thing for those people in this situation here. I'm talking about this situation. I think there was a racial component, three words, shut up already.

KELLY: Sheriff Clarke, always interesting getting your perspective. Thanks for being here, sir.

CLARKE: My pleasure, Megyn.

KELLY: What do you think? Facebook.com/thekellyfile and on Twitter @megynkelly. I can feel the comments coming.

We also had a "Kelly File" exclusive tonight in the case of the student suing an elite New England college after the school refused to consider evidence that might clear him in a sex assault case that led to his expulsion. For the first time, his attorney speaks out, and wait until you hear the new details.

Plus, breaking news tonight on Brian Williams and his future at NBC News. Howie Kurtz joins us with the big headline.

And then, media reports have surfaced that Donald Trump hired actors to cheer his presidential announcement. Why not? The Trump team is denying it, however, and Dana Perino is next on why this could become a bigger deal.

Plus, this man is accused of beheading one woman and trying to behead a second. That second victim has avoided the national spotlight until she spoke with us today.

(BEGIN VIDEO CLIP)

KELLY: So he -- he - he got to you and what happened next?

UNIDENTIFIED FEMALE: He started slicing my neck.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

DONALD TRUMP, R-PRESIDENTIAL CANDIDATE: Are you running? Are you not running? I am officially running for president of the United States.

I will be the greatest jobs president that God ever created.

Free trade can be wonderful if you have smart people, but we have people that are stupid.

I like China. I sell apartment for 10 - I just sold an apartment for $15 million to somebody from China.

I don't need anybody's money. It's nice. I'm really rich.

We're dying. We're dying. We need money.

Thank you, darling.

But, Mr. Trump, you're not a nice person.

UNIDENTIFIED FEMALE: We don't need nice.

TRUMP: That's true. But actually, I am. I think I am a nice person.

We have losers. We have losers.

We won't be using a man like Secretary Kerry that goes into a bicycle race at 72 years old and falls and breaks his leg. I won't be doing that.

The American dream is dead. But if I get elected president, I will bring it back.

(END VIDEO CLIP)

KELLY: Come on, that was fantastic! That was Donald Trump yesterday announcing his presidential run to a room full of supporters in New York City. But just a few hours ago, reports surfaced suggesting that some of those supporters may have been, well, paid actors.

Dana Perino is co-host of "The Five." She's a former White House press secretary under President George W. Bush.

Now, the Trump camp is denying that they paid actors to stand there and applaud, but I don't know, is it so bad if they did? Is it so bad if Hillary Clinton has staged events in Iowa? It seems like the whole process is showbiz.

DANA PERINO, CO-HOSE, "THE FIVE": Yes, you can do - well, that was certainly show - and he's entertaining. I'll give him that. And I love the campaign slogan. It's -

KELLY: Make America great again.

PERINO: Make America great again. I think it incapsulates exactly what a lot of voters would want. I do think, however, that this is complete nonsense.

The story, actually, about the paid actors, it's - you can pay for a lot of things in life. You can pay for actors. You can't -

KELLY: He's very rich.

PERINO: He's so very rich. One thing you can't pay for in American politics is votes. And he has 65 - 62 percent negative rating with GOP primary voters. In a lot of ways I think what's happening is, especially in this article is, they now are running for president. So things are different.

So "The Hollywood Reporter" finds out that there is an e-mail from the Donald Trump team to a casting agency saying we will pay you $50 for three hours of work if you come and wear a t-shirt and clap for Donald Trump. That's called astroturfing. It happens. There are some campaigns that do it, try to fill a crowd with a bunch of people. It's definitely frowned upon, but you can do it. But now - here's what's happening. The Trump campaign is denying it. The casting agency is like, oh, no, I - we're not going to return that phone call. And - but when you're running for president, the bar is raised. So you're going to have to start answering a lot of things, including specifics.

KELLY: Well, maybe, because Hillary Clinton doesn't. So, I don't know. Maybe he's following - he's going to follow that model. If he does, he won't have to answer for everything. I mean that's the thing with these Republican candidates, they're all out there answering questions. She is not. She answered a couple the other.

But what about Donald Trump? He's a successful businessman. He's a TV star. We take Carley Fiorina seriously. We took Herman Cain seriously. Both successful business executives. Why not a man like Donald Trump, who's got almost $9 billion in success?

PERINO: Well, people are welcome to. I'm just telling you that I'm looking at the numbers. He's got a 62 percent negative rating with the GOP voters. That is a deficit that you cannot buy your way out of.

Now, he will probably make the debate because he's got amazing name I.D. But if you say things to people that sound popular and they feel good, like if you say, I'm going to bring back all of the jobs from China. Hey, well, that, to me, it is political malpractice to say things like that to people who might have lost their jobs in Ohio and think, oh. Well, maybe they don't really think, well, Trump's going to get my jobs back. There's actually no way to get all the jobs back from China. It's actually a pretty serious business.

And this is the most important job in the world. And he is not the boss. He's auditioning for the job. He's interviewing for the job. At that point, you have to be able to sell yourself, not just your brand, but why you should be the person in the job.

KELLY: Last question, do you think he hurts the Republican Party as some have argued? They say, oh, he's going to be out there, you know, making crazy assertions about, you know, Mexicans raping women and that's going to tarnish the GOP brand. Really, will it?

PERINO: I don't know. I - but I don't - well, maybe in the eyes of like the mainstream media, love this. And, believe me, they will give Donald Trump all of the air time that they possibly can to achieve that goal, to make the Republicans look silly. But, if you have 62 percent of Republican primary voters saying, I would never vote for him, then I think within the Republican Party it's not going to hurt them.

KELLY: Dana Perino, always interesting to get your perspective. Thank you, ma'am.

PERINO: Thank you. Thanks for having me.

KELLY: Good to see you.

Also tonight, big news on Rachel Dolezal. The NAACP chief who had to quit when it turns out she's not really black. Brian Kilmeade is here with news about what may now be in her future and wait until you hear what it is.

And up next, don't miss this. This man faces first degree murder charges for beheading one woman and trying to behead another. Today, for the first time on any national broadcast, that second victim speaks to us.

(BEGIN VIDEO CLIP)

KELLY: Do you think that he was trying to decapitate you?

UNIDENTIFIED FEMALE: Yes, ma'am.

KELLY: He was actually in the process of beheading you?

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

KELLY: Breaking tonight, new details on this horrific beheading coming out of Oklahoma.

(END VIDEO CLIP)

KELLY: That was our lead story September 26, 2014, the day after the brutal beheading of one American woman and the attempted beheading of another inside a food packaging plant in Moore, Oklahoma. We quickly learned that the only suspect was this man, Alton Nolen, a recently released convict and convert to Islam.

The vicious brutality of the attack shocked the entire country. And as we learn more about Nolen, his violent past and his interest in radical Islam, the nation paid attention. Trace Gallagher brings us back to that terrible day and our new exclusive interview with the one woman who survived the attack.

Trace.

GALLAGHER: And, Megyn, the reason 30-year-old Alton Nolen was suspended from his job at the Vaughan Food processing plant is because two female employees filed a complaint that he had made inappropriate religious and racist statements and that he, quote, "didn't like white people." Immediately after being suspended, Nolen admitted going home, grabbing a large bladed knife and returning to get revenge against those who complained. Here's the initial 911 call. Listen.

(BEGIN VIDEO CLIP)

911 CALLER: Shut the doors.

DISPATCHER: 911, where is your emergency?

911 CALLER: Vaughan Foods, Moore, Oklahoma, 216 North East 12th Street. We have -

DISPATCHER: What's going on there?

911 CALLER: We have someone attacking someone in the building.

(END VIDEO CLIP)

GALLAGHER: That someone was 54-year-old Colleen Hufford, who was attacked from behind and beheaded. The killer then went after his second targeted victim, 43 Traci Johnson. And now, for the first time, Johnson talks about her horrifying ordeal exclusively to "The Kelly File." Listen.

(BEGIN VIDEO CLIP)

KELLY: So he - he - he got to you and what happened next?

TRACI JOHNSON: He started slicing my neck. And got ahold in my face. He got ahold of my right index finger and wouldn't stop. And I'm screaming for help. And didn't think anybody was going to come around.

(END VIDEO CLIP)

GALLAGHER: But the CFO of Vaughan Foods, Mark Vaughan, who's both a reserve sheriff's deputy and a member of their elite force, grabbed a rifle and opened fire, wounding Alton Nolen and stopping the attack. Vaughan's actions, as you see, gained him national attention and awards for heroism. Here he is.

(BEGIN VIDEO CLIP)

MARK VAUGHAN, COO OF VAUGHAN FOODS: I'm very grateful that I was there. I don't know how I would be mentally if I wasn't. I don't view myself as a hero. I view myself as put in a position I was prepared.

(END VIDEO CLIP)

GALLAGHER: Prepared in the nick of time to save the life of Traci Johnson. Listen again.

(BEGIN VIDEO CLIP)

KELLY: Do you think that he was trying to decapitate you?

JOHNSON: Yes, ma'am.

KELLY: He was actually in the process of beheading you?

JOHNSON: Yes. He got a millimeter away from my jugular chord.

KELLY: Where did he cut you?

JOHNSON: On the right side of my neck.

KELLY: Would you mind showing us?

JOHNSON: It's all right here.

KELLY: So did he - did he slice you or did he - did he stab you?

JOHNSON: Sliced me.

KELLY: And -

JOHNSON: He was slicing me.

(END VIDEO CLIP)

GALLAGHER: And other employees say that while Alton Nolen was slicing and attacking, he was shouting Arabic statements. We know that Nolen converted to Islam, taking the name Jah'Keem Yisrael and that his social media footprint included a depiction of someone beheaded with a quote that read, "I will instill terror in the hearts of unbelievers."

Nolen also used his Facebook page to celebrate the attacks of 9/11, showing the twin towers burning and posting, quote, "Islam will dominate the world and we need more Muslims for Allah. Jihad, Jihad, Jihad"

Because of those and other statements, the FBI was brought in and the debate began over whether it was workplace violence or terrorism. Many believe it was terrorism cut and dry. The FBI tells THE KELLY FILE it does not fit the federal definition of terrorism but it is murder, which is what the D.A. charged. Traci Johnson, by the way, still can't decide if terrorism or racism was the motivating factor.

Megyn.

KELLY: Trace, thank you.

And tomorrow night, our exclusive interview with Traci Johnson, the one woman who survived that attack that day in Moore, Oklahoma. She walks us through what happened to her and her reaction to this case not being treated as terror, tomorrow night 9:00 p.m., don't miss that.

Well, we also have breaking news tonight on Brian Williams and his future at NBC News. Howie Kurtz joins us right after this break with the big headline.

Plus, Brian Kilmeade is here tonight to talk about Rachel Dolezal and reports that the former NAACP chief may land a very big gig. We'll tell you what it is.

(COMMERCIAL BREAK)

KELLY: New details tonight on a lawsuit against an elite college that is raising questions about the rights of young men on college campuses in America. In December of 2013, Amherst College expelled a male student for sexual misconduct, after adopting policies pushed by the Obama Administration. The young man who was expelled after a hearing, in which he had very few rights, is known in this case as John Doe. He later hired a lawyer and discovered evidence which appears to clear him in the case, but Amherst will not hear it. Max Stern, is John Doe's Attorney, he began an interview with me tonight by elaborating on the nature of this woman's alleged rape claim.

(BEGIN VIDEO CLIP)

MAX STERN, ATTORNEY TO MAN EXPELLED FOR ALLEGED ASSAULT: She started by saying that it was all coerced, but then when she got to the investigative stage and she spoke to the investigator, she said well, actually it was -- I did it willingly at first, I just changed my mind in the middle.

KELLY: And just so the viewers can see what she actually testified to, because we have a transcript of it. Here it is John raped me at the night of February 4th, 2012. In my initial report, I did not explicitly say that I had agreed to perform oral sex at the beginning. I covered that under the phrase, started the hook-up. Regardless, when I said no repeatedly, and physically pushed against him, John did not listen or pay attention to my clear refusal, and held me down. Now I ask you Max, is it not plausible, has it not happened in prior rape cases that a victim consents and even though it may seem preposterous to some, half way through says I no longer consent.

STERN: First of all, the fact that she willingly consented at the beginning at a time in which by her testimony, and by the findings of this panel, Mr. Doe was himself incapacitated should have left the panel to conclude that she had committed sexual misconduct, and not him. But even beyond that, it became clear that, in fact, she was really the moving force behind the sex for the entire event.

KELLY: So the audience knows, John Doe had his hearing, he was expelled and then ultimately, his ex-girlfriend, who is the room mate of the alleged victim here, came forward and said, hold on, hold on. In that hearing I, the girlfriend of John Doe, told the investigator that there were text messages they needed to follow up on. And she now swears I was surprised, to see they never followed up on it, they never called any of the witnesses who were involved in texting the alleged victim on the night in question.  And so now she says I will set the record straight. I have obtained the texts and here they are. And these texts Max show the alleged victim, the accuser that night saying, my roommate knows me. It's pretty obvi, I wasn't an innocent bystander, and talking about how she is going to break it to the roommate that she had a sexual exchange with the roommate's boyfriend. She talks about oh my god, I just did something so effing stupid, I effed John Doe. And then she laments that he was too drunk to make a good lie out of it, when the roommate comes back. You bring all of this. John Doe brings all of this to Amherst after the fact and says, hello. And what does Amherst say?

STERN: Amherst considered it for a year, and declined to do anything about it.

KELLY: You're claiming that this is a denial of John Doe's due process rights and that it was in effect, gender discrimination against a college male?

STERN: Well, that's right. There was no fair procedure here. He was told on November 1st, that he had been charged with an offense that occurred almost two years before. And within six weeks there was a hearing, he was expelled, he was labeled a sex offender. And his future was in ruins. He wasn't allowed to have a lawyer, he wasn't allowed to investigate, if he even knew how to investigate because he was told he couldn't speak to anyone about it. He had to go through this -- he was given an adviser who was a member of the administration who was prohibited actually from advocating on his behalf.

KELLY: And so the most damming testimony as I see it -- put her to the side in these proceedings was by somebody by the initials of L.R., who told the investigator that John Doe confessed the assault to her. How do you defend that?

STERN: Well, in fact, nobody believed that. The investigator didn't believe her. It is clear that the -- even the hearing panel didn't believe her. John Doe was so intoxicated that everyone agreed that he was incapacitated, and they therefore discredited the notion that he had confessed.

KELLY: The texts that were revealed after the hearing that could have been revealed during the hearing had Amherst done its duty. But they were revealed after the hearing, included the revelation that the alleged victim in this case had a sexual encounter which she admits was consensual with another man. Do you think that something more -- something should happen to Sandra Jones?

STERN: We are not interested in prosecuting Ms. Jones, we are simply interested in getting relief for this man who was a wonderful student. He was a first generation citizen of the United States. He was doing so well at Amherst. The world was his oyster and in a six-week period of time, his future was in complete ruins.

KELLY: How is he today?

STERN: He suffers from shame and embarrassment. He is depressed. He doesn't sleep at night.

KELLY: He has no college degree, and he has been labeled a discipline problem by the school, Max, thank you for coming on, and telling us his story.

STERN: Thank you for having me.

(END VIDEO CLIP)

KELLY: Sandra Jones by the way is the alias used for the alleged victim in the case. So why is the larger media not covering John Doe's story here?  Joining me now, Howie Kurtz, Host of Fox News' MediaBuzz, Howie, I want to get to the Brian Williams news in a minute, but I have to ask you, where are the media on this? Where are they?

HOWARD KURTZ, "MEDIABUZZ" HOST: I haven't seen a major media report, except in the home state Boston Globe. And obviously if John Doe would shed his anonymity, and come forward, that would help drive this story. But here's the thing Megyn, male college students don't make sympathetic victims in the eyes of the media. That is a designation reserved for women especially in these disputed, sexual assault cases where the assumption is you know, men are pigs. And they only want one thing. And the man was probably the aggressor. And sometimes that true, but in some cases most notoriously, the Duke Lacrosse Case, the charges turned out to be not true, and I see very little interest here on the part of the mainstream media.

KELLY: What about the Rolling Stone case? I mean it's not like we hadn't had a recent example of this. And shouldn't the media have their antenna up to tell the other side? Not every allegation is true.

KURTZ: The Rolling Stone debacle should have reminded us all in dramatic fashion, that yes, sometimes these allegations turn out to be false, exaggerated, fabricated. I didn't know anything about this story until you reported on it. And it seems to me the text messages in real time from the woman who was the accuser, kind of blows the school's case out of the water. Now there are some disputed facts, I don't know what happened. But you would think this would be a story for more than The Kelly File.

KELLY: They're devastating to this woman's case. She could never pursue this case in a court of law.

I want to switch gears because we're short on time. And there is big news tonight out of NBC news, and Brian Williams. Have they reached a decision on his future?

KURTZ: Megyn, people familiar with the process tell me that Brian Williams is not expected to return to the NBC anchor chair, but will remain with the network under, NBC Nightly News under this scenario where the negotiations stand now. It would be handed over to the Interim Anchor, Lester Holt.  And it was really impossible I think, in the wake of Brian Williams making up that story about being shot down in helicopter, in Iraq in 2003, and other questions rose about his reporting. They were such a strong revolt, maybe I think that's not too strong a word. By many in the news division, the rank and file against him returning to the anchor chair, I think as it dragged on, it became very difficult for NBC to bring him back. So what will he do now? People that I have talked to expect that he could go to MSNBC, that he will go to MSNBC which has been rather ratings challenged.  That's not definitive. Or he could become some kind of roving correspondent, or a combination of the two.

KELLY: Wow. That's an amazing story for someone who was at the top of his game not that long ago. Howie Kurtz, confirming it tonight, the New York Times, also confirming it, we appreciate it, Howie, good to see you.

KURTZ: Thanks.

KELLY: Also tonight, the white woman who "identifies as black" may be looking at a big new gig, Brian Kilmeade, on what it is.

Plus, what happened when a big soccer official suggested that the reason women's soccer is supposedly getting more popular has little to do with the women's athletic skills. We'll take that up.

(COMMERCIAL BREAK)

UNIDENTIFIED MALE: From the World Headquarters of Fox News, it's "The Kelly File," with Megyn Kelly.

KELLY: Well, it's the new American success story, public figure turns controversial figure, and then come the offers for reality TV stardom.  Reports now say that Rachel Dolezal, the Former NAACP President who is white but claims she is black, has multiple offers on the table for a reality TV show. Brian Kilmeade, is the Co-Host of Fox and Friends, of course, she does.

BRIAN KILMEADE, "FOX &FRIENDS" CO-HOST: Right. So it hasn't gone well, her coming out party, where the world got the chance to know her, and then she resigns her position. Two separate production companies have approached her about doing a reality show. And she according to Radar Online, more are coming in her direction, because of her family, because of some of the bizarre things that came out during your interview.

KELLY: What are we going to see, like the makeup routine?

KILMEADE: Well, how about this, she hunted as a child for dinner with a bow and arrow.

KELLY: No she didn't, the parents say.

KILMEADE: Oh well, it turns out it is not true. This might be like every other reality show. There is real to Rachel, and there's real to us. We could watch through Fox. So I ask the reality experts who are located in our brain room, I said, if this show comes off and it is bizarre as we say, what does it remind you of? And I put it in a category of Buck Wild, where it is like the Jersey Shore goes to rural communities. I put it in a category of Amish Mafia, which did not last long despite the great title.  I put it in a category Bridalplasty, where different brides compete to change the way they look right before their wedding, without telling them.  And finally, I put it in a category of dancing in the dark, with two people talk to each other in the dark, and then when they turn lights they see if they actually want to date. That's where this belongs.

KELLY: I have to get home to Netflix immediately, and Hulu. I can't believe I'm going to miss all of this. All right, in other weird news that you don't think could be real but is, the upper west side of Manhattan is a lovely place. And apparently, they are so inclusive that now you can be a racist, not only against people, but against dogs, tell us.

KILMEADE: Yes, here we go. It's 170 West End Avenue, here in New York, and you want to go down. Bring the right dog. You have to get a DNA test if you have a mutt, and have to go to a veterinarian to get proof that your dog's a pedigree, to make sure you have the type of dog that this condo complex which is luxury, will find acceptable.

KELLY: No like Weiner dogs or hot dogs.

KILMEADE: Listen to this, if you have a Shih Tzu, and you don't have to bleep that, that's what they call it. If you have a Maltese, if you have a Pomeranian, don't even apply.

(CROSSTALK)

KELLY: There was an issue with aggression.

(CROSSTALK)

KELLY: Look at her in her little Halloween outfit.

KILMEADE: Well evidently, they have to get blood tests and DNA tests. If you have a St. Bernard don't apply, if you have a German Shepherd, don't even try it, a Pit Bull, A Basset Hound, you're done. Forget it.

KELLY: You know what, the upper west side, one thing they really love is President Obama. And President Obama has come out and said, bans on certain types of dogs are ineffective, and it's impossible to calculate bite rates. Don't do this kind of thing.

KILMEADE: But you know what I want you to walk away with, and viewers to go home with, and most of them here -- I'm only kidding.

(CROSSTALK)

KILMEADE: No but the place is packed and you have a lot of great facilities. And everything is shiny and clean. I'm not saying Fox and Friends aren't. But listen, I could use some Balboa, but it is the owners, not the breeds. It's the owners. It's not how big your dog is or how small.

(CROSSTALK)

KELLY: Bailey was like my aggressive side, and Bosh is my sweet side, and now I only Bosh because I'm so sweet.

Ok, let's move on. Because women's soccer is in trouble, but not according to The Brazilian Football Confederation who thinks they look hot and therefore, are getting attention.

KILMEADE: As you know, 5 million people watched women's soccer last night, 5.1. The ratings have gone up 285 percent. And The Brazilian Soccer Federation thinks they know why. Because for a while, women dressed like men, their clothing was loose, it wasn't tight and their hair was like men.  Now if you want to be popular, do what women do now, women use -- copy men's football. Now, they dress up, they don't look as masculine, they look elegant. They show their femininity. They wear shorter shorts, and tighter shirts. You know what I blame? I blame women.

KELLY: Really?

KILMEADE: Because women aren't watching. Women wouldn't demand this. Men would imply that they like this.

KELLY: The cause of and solution to all of men's problems.

KILMEADE: I think I just ended up with a dis-gender.

KELLY: This is an enlightened man. I'd like to have him on the show.  Marco, why don't you come on and we'll have a little discussion about why you think women are doing so well in soccer. I think I'm going to have a different view. That ought to be interesting to watch.

KILMEADE: It would just be fun to see you talk soccer.

KELLY: Great to see you. And I'm sorry about the Balboa, poor Elizabeth.

Also tonight, big news out of Washington, where they have now declared war on French Fries, but they're still not sure about ISIS.

Governor Bobby Jindal is next on that.

(COMMERCIAL BREAK)

KELLY: Well you may have heard that the Food and Drug Administration is moving to ban partially hydrogenated oils, sometimes called Trans Fats. My next guest is wondering why the Obama Administration now has the strategy to take on French Fries, but not the Islamic State Terrorists. Governor Bobby Jindal of Louisiana, that's his line, Governor, good to see you.

GOV. BOBBY JINDAL, R-LA.: Megyn, thanks for having me.

KELLY: Really?

JINDAL: Well you know look, finally an enemy he can name. So he won't say Radical Islamic Terrorist, he goes to the Coast Guard and warns at this military graduation, warns them about climate change. Now he can agree that he's going to protect us from microwave popcorn, and French Fries. I've got a deal for the President, I'm a father as well as a governor. I'm a husband. I'll protect my kids from the Oreo Cookies if he will do his job as Commander in Chief, and protect us from the terrorists.

KELLY: But you have to walk and chew gum at the same time, as the President has said when you're President of the United States. And Trans Fats are really bad, really bad. They sky rocket all the bad cholesterol.  And they don't help the good cholesterol and why should we eat them?

JINDAL: Look, I'm sure that true, Megyn. I'm sure we'd live forever if we ate nothing but kale. I think it's a hard choice. Look, if I want to eat pizza and nachos that is my choice. This is just more than any -- and look, you're probably right. I would remind folks it was the government that pushed Trans Fat in the last several decades. This was supposed to be the healthy stuff. They put in margarine, they said eat this, don't eat butter. The science is probably right. The point though is this, we don't really need a nanny state. But even more importantly, why is this the administration's priority? We have an anemic economy. We have got Iran on the verge of becoming a nuclear power. We have got Radical Islamic Terrorists on the loose. Why is this priority? Why in the world -- I wouldn't mind this as much is if he actually got on TV, and said Radical Islamic Terrorists are the real enemy we're going to crack down on.

KELLY: He's concerned about radical Trans Fats.

JINDAL: That's exactly right.

KELLY: Quite frankly so are a lot of Americans. So you want to do something about it?

JINDAL: We'll have an announcement on June 24th. Look, I'd love to have you come down, you have got an invitation. If you want to come down, do your show on Wednesday, we'll be -- I've been praying and thinking and talking to my wife. We'll make our announcement, our final announcement, Wednesday, next Wednesday, June 24th. If I get in this race, it's about making a big change. Megyn, we have got a president who is trying to turn the American dream into the European nightmare. He defines success as government dependence, more spending, more borrowing, more taxing. That is not the American dream. We don't need little change, we need big change.  We've tried on-the-job training. We have got a first term senator who gives great speeches as President of the United States. We need a doer, not a talker. There are a lot of talkers running for president, thinking about running for president, we need somebody that can actually get the job done.

KELLY: I don't know whoever you might be referring to. I have no idea.  Governor Bobby Jindal, good to see you, sir.

JINDAL: Thank you for having me.

KELLY: We'll be right back, don't go away.

(COMMERCIAL BREAK)

KELLY: Final note, our friend David Webb is participating in Wounded Warriors family supports 6th annual High Five tour. Go to highfivetour.com for information on how to help our heroes, well worth it. Also, don't forget tomorrow night, a woman nearly beheaded on U.S. soil, down in Oklahoma by a radicalized co-worker, speaks out for the very first time.  Her story is harrowing. Don't miss it tomorrow night, right here live on "The Kelly File." We'll see you then.

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