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Kelly File

Rep. Bob Goodlatte blames the Obama administration for the pier shooting; Why the surge in Chicago crime?

This is a rush transcript from "The Kelly File," July 6, 2015. This copy may not be in its final form and may be updated.

SHANNON BREAM, FOX NEWS ANCHOR:  Breaking tonight, tough new questions for Democrats from a big city mayor all the way to the president of the United States.  After an illegal immigrant with a criminal history and five separate deportations finds his way to the sanctuary city of San Francisco where he is now accused of murdering a young woman in cold blood.  

Good evening.  Welcome to ‘The Kelly File.’  I'm Shannon Bream in for Megyn Kelly.  Immigration officials say, Francisco Sanchez had some seven felonies on his record and had been deported multiple times before he fatally shot Kate Steinle on a popular San Francisco Pier last Wednesday.  
Steinle was walking with her father when she was murdered in what was initially described as a random attack.  In which Sanchez later called an accident.  While Sanchez is not fluent in English, he did acknowledge to an ABC News crew that San Francisco sanctuary city policy meant he stood much less risk of being deported.  But when the San Francisco mayor and the White House were both asked today about whether lax immigration policy contributed to this murder, neither the city nor the President acknowledged any responsibility.  

Standing by, our Ruben Navarrette, Jennice Fuentes, and republican Congressman Bob Goodlatte, chair of the powerful House Judiciary Committee.  

But first, we go to Trace Gallagher live in our West Coast Newsroom with how this all began.  Trace.

TRACE GALLAGHER, FOX NEWS CORRESPONDENT:  And Shannon, for now the suspected killer is the only one taking blame.  Although as you say, he speaks broken English and it is unclear if he fully understands all the questions.  Francisco Sanchez admitted during a jail interview, that he shot and kill 32-year-old Katherine Steinle, saying he feels sorry for the Steinle family and now wants the ultimate punishment.  Sanchez has been deported five times and convicted of seven felonies.  He says, he came to San Francisco to work in restaurants or construction but he went on to indicate that he knew San Francisco would shield him from being turned over for deportation.  Listen to him.  

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE:  San Francisco is a sanctuary city.  Did you keep coming back to San Francisco because you knew they wouldn't actively look for to you deport you?

FRANCISCO SANCHEZ, KATHERINE STEINLE'S SHOOTER:  Yes.  

(END VIDEO CLIP)

GALLAGHER:  White House Press Secretary Josh Earnest was asked about Sanchez falling through the cracks.  Earnest blame Republicans for blocking
immigration reform and then he said this -- play it.   

(BEGIN VIDEO CLIP)

JOSH EARNEST, WHITE HOUSE PRESS SECRETARY:  I can't talk about the details of the specific case.  I would refer to DHS for how our efforts to focus on felons is implemented.  

(END VIDEO CLIP)

GALLAGHER:  And yet the Feds point the finger at the San Francisco Sheriff's Department.  Immigrations and customs enforcement or ICE says, it asked the sheriff to notify federal agents before Sanchez was released so he could be deported.  Saying and I'm quoting, "We're not asking local law enforcement to do our job.  All we're asking is that they notify us when a serious foreign national criminal offender is being released to the street so we can arrange to take custody."  The Sheriff's Department says, it is just following policy and is not allowed to play ball with immigration agents.  

But the San Francisco mayor disputes that saying, the sheriff has the power to make a case by case determination, writing, quote again, "Our sanctuary policy should not create a safe harbor for convicted felons.  I'm concerned about the circumstances that led to the release of Mr. Sanchez."  And there seem to be plenty of concern about how Francisco Sanchez got out and why a 32-year-old woman had to pay with her life.  Sanchez is now charged with murder and will be arraigned tomorrow -- Shannon.  

BREAM:  Trace, thank you very much for getting us up to date.  

Joining us now for reaction, Virginia republican Bob Goodlatte, he is chairman of the House Judiciary Committee.  Chairman, thank you for joining us tonight.  

BOB GOODLATTE, R-VA., CHAIRMAN, HOUSE JUDICIARY COMMITTEE:  Good to be with you, Shannon, and your viewers.  

BREAM:  Okay.  So, let me ask you.  Who do you think is responsible here?  
Is it San Francisco?  Is it the Feds?  Or is it as the White House has suggested, and the San Francisco mayor.  House GOP lawmaker who refused to go along with their version of immigration reform?

GOODLATTE:  Well, it absolutely is the responsibility of the parties that are responsible for enforcing our current law.  That includes the Bureau of Prisons which we learned today had a detainer presented to them by ISIS.  
They did turned him over to San Francisco instead of to ICE.  ICE because they are not consistently enforcing our policy and releasing thousands of criminal aliens on to our streets and certainly San Francisco should back away from this sanctuary city policy that leads to tragedies like this.  
And my heart goes out to Kate Steinle's family.  This is a really unavoidable tragedy.  Now, as to the Congress, we have passed out of the House Judiciary Committee legislation that would address this very problem of sanctuary cities by imposing sanctions on cities who refuse to cooperate with federal law enforcement.  

But at the heart of all of this is the issue of whether or not this administration is consistently enforcing our immigration laws.  They are not.  And if they would start by enforcing the laws already on the books, we could certainly move ahead with additional reforms.  We've already passed four bills out of our committee.  So the issue here is enforcing the law.  It is a law already on the books had been enforced by this administration and by San Francisco, this tragedy and many others, by the way, that occur every day when thousands of criminal aliens each year are released back on to our streets.  

BREAM:  Mr. Chairman, it seems that we have a loophole here.  Because San Francisco, we know back in 2014, the sheriff's department there said that these detention orders that the Feds give them.  Saying, hey, when this guy gets out of jail, we need to know so he can come get them.  They say, they're no good.  They don't legally recognize him as a sanctuary city, they say they're no good.  And they say that when they took a look, there were no active arrest warrants for this guy so they let them go.  They don't recognize the Feds' authority here.  ICE says, we told them, when this guy gets out, we're coming to him.  You have to let us know.  But ICE didn't have an act of arrest warrant out for him, so nothing showed up.  
So, is this just a loophole that can happen around the country?  There are
200 sum cities that have sanctuary city policies and are not going to cooperate with the Feds.  

GOODLATTE:  Well, it is a loophole but it is a loophole created by the city of San Francisco and these other cities around the country.  Because why would you release someone who had been deported from the United States five times and has seven felony convictions, why would you release them back out on to your own streets without you contacting the Feds?  Certainly the Feds could have done more than they did.  But San Francisco also could have contacted them.  And you also have to FACTOR into this new issue where ICE had apparently notified the bureau of prisons where he had been incarcerated to detain him and turn him over to ICE.  

And instead they turned him over to San Francisco.  Everybody messed up in this case, and the real bottom-line here is, you have to respect the rule of law.  And cities should not try to write their own immigration laws that are contrary to federal law.  They should cooperate with federal law enforcement and not engage in this practice of selectively saying, well, we may cooperate, we may not cooperate.  The law is the law and they should cooperate.  

BREAM:  Yes.  And here that cost a young woman her life, devastating her family.  Mr. Chairman, thank you very much.  This topic, we know, isn't
going to go away.  Will stay with you on this.   

GOODLATTE:  Thanks, Shannon.  

BREAM:  All right.  Here to debate, Jennice Fuentes, former chief of staff to democratic Congressman Luis Gutierrez, and Ruben Navarrette, a syndicated columnist with the Washington Post's writers group.  

Jennice, I'll start with you.  The question there that's posted by the chairman is, you know, should cities simply be able to say, we're a sanctuary city.  We're not going to participate with the Feds.  We're not going to recognize the rule of law.  We'll going to make our own rules.  Is that okay and why?

JENNICE FUENTES, FORMER CHIEF OF STAFF, REPRESENTATIVE LUIS GUTIERREZ:  No, of course that's not okay.  And I think the pressing point that you both made, it's true and I would agree with that.  There is no perfect system and there are loopholes.  And I think what we have right now is no system.  
I think what we need is more order and more law.  In our immigration system, this country does not benefit when we don't have people in the system and in the books.  I need to know who is living next to me.  I need to make sure that as an immigrant, by the way, I'm not but if I were an immigrant, I need those immigrants in this country to make sure that they feel safe calling the police.

That if I see that guy holding a gun in the park, that I can go to a policeman and say, listen.  My name is such and such.  This man is acting suspicious.  Please look into it.  We need that kind of corporation, and I think that's the system that we do not have in this country.  We may have cities that are friendlier to immigrants than others, but in Congress, we have not been able to pass immigration reform.  So, we have no way to know who is here and who is not.  And that guy --  

BREAM:  Let me bring Ruben in to this.  

FUENTES:  Yes.

BREAM:  Because we keep hearing this talking about passing more laws in Congress.  We have an immigration system that a lot of people say isn't being enforced.  When you have cities that don't cooperate.  How can we know who is here, Ruben?

RUBEN NAVARRETTE, SYNDICATED COLUMNIST, WASHINGTON POST'S WRITERS GROUP:  
Right.  A lot of the people who say that are Republicans.  They say that the laws aren't currently being enforced.  The Congressman said that before.  He's just mistaken.  In this case, the Obama administration I think to its great shame, has supported two million people in six-and-a- half years and split up hundreds of thousands of families.  They fortified the U.S. Mexico border.  Obama signed the bill, $600 million enforcement bill in 2010.  Their current allotment, they're asked for the Department of Homeland Security is an additional $41 billion and $20 billion of the overall $60 billion pot will go just a border enforcement and immigration enforcement.  

So, I'm not sure what more the administration can do if this is simply about throwing dollars at the border.  They throw plenty of dollars at the border.  Where the administration messed up is, again, he sort of heard it in the preceding comment.  This idea somehow that the Republicans are to blame.  Because if they'd only passed immigration reform, this might not have happened in San Francisco, this terrible tragedy.  Well, they're not paying attention.  Because if there's one obstacle of the immigration reform, it is the Obama administration that broke its promise to make this a priority that poison the well, that uses the issues to beat up on Republicans at every turn.  

BREAM:  Let me bring Jennice back in here because --  

NAVARRETTE:  So, the republican -- it is clear that the Obama administration has not been a friend to the immigration reform movement and it is really disingenuous for Josh Earnest at the White House or anybody else to try to spin this into somewhat being the Republicans while they should look at the mirror.  

BREAM:  And even we know that the President is taking heat from the Left and the Right on immigration.  And he has been pressed by many on the Left to go ahead and do what he's done to some extent with these executive orders.  And Jennice, they were supposed to give digression to say, we're only going to deport the worst criminals, as they're the only once we're going to hold, we'll only get tons of discretion though for prosecutors and other immigration officials to let people go.  In fact, we're telling them they have to let a lot of these people go.  This guy had seven prior felony convictions, he'd been deport five times before.  Why would San Francisco authorities ever think it's okay.  And then today, blame Congress for not getting anything done?  

FUENTES:  No, and just to correct the record, the President may have been a little tardy in his actual support for everything that would have helped.  
Not solve.  But help solve this problem.  But we have a republican controlled Congress that was not able to pass this on the floor of the House of Representatives.  So, we have a Senate that actually had a bill that passed supported by Republicans and it was not brought out through these House of Representatives.  So, I think if there's blame to go to both sides.  This is not Obama's problem alone.  A republican controlled Congress was not able to pass legislation to help immigrants and help our system.  

BREAM:  Well, we have to leave it there.  Unfortunately, we're out of time but also a reminder that the President did have Democrats in control of both houses when he took office.

NAVARRETTE:  Absolutely.  

FUENTES:  Yes.

BREAM:  And that I think in hit from both sides, we're not getting something done.  All right.  Jennice and Ruben, we thank you both very much.  

NAVARRETTE:  Thank you.  

BREAM:  Well, the murder of nine people in Charleston in a church has filled the headlines for weeks.  Why is there such little attention on the daily murder and mayhem in the President's home town of Chicago?

We're going to debate those two tragic stories.  Next.  

Plus, breaking developments in the rape allegations against Bill Cosby.  A shocking admission from the comedian has come delight.  

And as 12-year-old boy tries to defend Justice Clarence Thomas from a tax over his same-sex marriage ruling.  And now that child and his family are being targeted with death threats.  You're not going to believe the story.  
We've got an update just ahead.  

(BEGIN VIDEO CLIP)

C.J. PEARSON, CONSERVATIVE POLITICAL ACTIVIST:  I don't want to be politically correct.  I don't care about being politically correct at this point.  President Obama, you don't love America.  

(END VIDEO CLIP)

BREAM:  The confederate flag is tonight one step closer to being removed from the grounds of the South Carolina capital.  A bill to remove, the stars and bars passed the second reading today.  A final vote will be held tomorrow to remove the flag from the confederate war memorial where it has flown for decades.  The effort to remove it began shortly after the June 17th massacre at a black Charleston Church.  While the murders of nine people in that Charleston Church led to weeks of debate over the confederate flag and claims of institutionalized racism in America.  There is a steady rising death toll getting much less attention in the headlines.  
Just over the Fourth of July weekend, the ongoing violence in the city of Chicago claimed another ten lives.  Including seven-year-old Amari Brown who was playing with kids when he was shot.  He was watching the fireworks near his father's home.  

Joining me now to talk about these two important stories, former civil rights leader Joe Hicks, and Bret Stephens, he's a foreign affairs columnist for The Wall Street Journal and author of the book, "America in Retreat."  Welcome to you both, Gentlemen.

JOE HICKS, FORMER CIVIL RIGHTS LEADER:  Good to be here.  

BREAM:  Okay.  Bret, I'll start with you.  I think everyone agrees, it is important that we've been having this conversation about what that flag means.  I grew up in the Deep South.  I know people for them, it is about heritage.  It doesn't mean racism or slavery.  For others, they see it and it is the immediate visceral reaction they have to that.  So, we've been having that conversation.  It's an important one.  

BRET STEPHENS, AUTHOR, "AMERICA IN RETREAT":  Yes.  And I think it is a very good thing that South Carolina finally took down the flag.  I mean, it is heritage for some people but that flag unambiguously stands for a confederacy whose sole reason to exist was the institution of slavery.  And the flag went back up in South Carolina in 1961 really as a form of resistance to the civil rights movement.  So, I think it is past time that this has happened.  It is good that especially on the republican side, there is an honest conversation about race.  I think that honest conversation also needs to be happening on the democratic side as well.  

BREAM:  Yes.  And Joe to that point, there are those who say, listen, we've got tragedies happening all around the country, in our inner cities, a lot of lives being lost on a daily bases, including the President's home town.  
And he has talked about the trouble there.  But there are people there now asking questions about why he is not more proactively involved.  

HICKS:  Well, you know, Bret is absolutely right.  It is time for the flag to come down.  Some sort of official recognition.  Particularly on state grounds, state buildings, that sort of thing.  But if you take all the flags down, what actually changes?  We're taking the flag down.  It actually saved the lives of the nine people in the Charleston Church or what about it as you just pointed out?  You know, we've heard this whole thing about black lives matter.  It appears to be which black lives matter?  
Only the ones that perhaps you can politically exploit?  Are those the ones that matter?  

Because clearly, we've not heard any kind of opposition or any kind of protest or you know, certainly the usual activists have not showed up in Chicago to say that those black lives mattered.  So it was a little bit of a deconstruction going on in here in terms of what kinds of things get the attention of activists and people like Al Sharpton and even to some degree the kind of things we hear the attention that the President gives to these kinds of things.  

BREAM:  Bret, I remember earlier and it may have been last fall when kids were going back to school.  There were this effort in Chicago where they actually had people lining the sidewalks so children could walk to school and not get shot to death on the way.  I mean, it sounds like a crisis situation in Chicago.  Even the police superintendent there said, this has got to stop.  It is completely out of control.  

STEPHENS:  And, you know, what Joe pointed out is absolutely right.  There is a ground up movement in the black community to protest precisely this kind of black on black violence.  The real problem I think is that it is not having the right echo at, in government and among the, what now goes by the name of the civil rights community.  Everyone knows the name Michael Brown who was the thug from Ferguson.  But people are going to will immediately forget or very soon forget the name of Amari Brown, seven-year- old innocent child, getting shot.  The conversation we need to be having starts with how do we flip that priority?  So, it is the boys like Amari
Brown who are getting the lion's share of our political media attention.   

BREAM:  Yes.  And I think we would argue, that we want all of these young men's lives to be protected and to have a chance, Joe.  And for things to be fair and lawful.  I mean, that's the most important thing here.  
Enforcing that.  But what I heard from the White House today when this came up with Josh Earnest was essentially going down this trail of when we need tougher gun laws.  And anybody who falls a Second Amendment debates know Chicago has the toughest gun laws in the country.  

HICKS:  Yes.  It is almost impossible.  Unless you're a criminal.  And that's the problem.  Criminals can always get their hands on guns.  It is the people who need to defend themselves in their homes that are having a tough time getting weapons.  I'm not supporting any mass rush for citizens in Chicago to buy guns.  But the point is here, I think we also have to look at the dysfunction that's taking place in communities like Chicago, in St. Louis, in Ferguson, other place particularly in Chicago.  You know, the father of this young man, Amari Brown who lost his life is a thug.  In fact, he is a member of a street gang.  Not even cooperating with the police here.  So what is the dysfunction that allows some adult to have their child shot down and to say the cops shown up and can't say anything?  
I'm out.  Well, you know what the cycle is.  He tends to take the extract retribution on the streets himself and the surrogates keeps unfolding.  
It's really shameful.  

BREAM:  And police superintendent there saying, that if that man had been in jail where he thinks he should have been, he's been arrested dozens of times --  

HICKS:  Yes.

BREAM:  Multiple -- different allegations against him.  He said if that guy had been in jail, his son would probably still be alive.  Lots to work on there in Chicago.  

Bret and Joe, thank you both very much.  

STEPHENS:  Thank you.

HICKS:  Thank you.

BREAM:  Breaking developments in the rape allegations against Bill Cosby as a shocking admission from the comedian himself now comes to light.  

Plus, new fallout from a Clinton campaign event this weekend that has some political observers suggesting the relationship between the democratic front runner and the media that is supposed to cover her has at best become absurd.  

Howie Kurtz and Chris Stirewalt ahead on that.  

And news just into the KELLY FILE about that 12-year-old boy who tried to defend Justice Clarence Thomas from a tax over his same sex marriage ruling, the action the young boy and his family are now taking.  

(BEGIN VIDEO CLIP)

PEARSON:  President Obama, if you loved America, you wouldn't try to take away what hardworking Americans have worked for their entire lives.  

(END VIDEO CLIP)

(COMMERCIAL BREAK)

BREAM:  Breaking tonight.  A new development in the ongoing sexual assault allegations against comedian Bill Cosby.  Courts document showing Cosby admitted back in 2005 to obtaining the sedative drugs known as Quaaludes with the intention to give them to young woman.  The courts documents also reportedly how that Cosby gave sedatives to at least one woman.  In this case, Cosby and his accuser settled out of court under confidential terms.  
We're going through the documents to verify that for ourselves.  The comedian has been accused by more than 30 women of sexual misconduct.  
Cosby's lawyers have not responded to the latest reports.  

(BEGIN VIDEO CLIP)

PEARSON:  I don't want to be politically correct.  I don't care about being politically correct at this point.  President Obama, you don't love America.  

(END VIDEO CLIP)

BREAM:  That is C.J. Pearson, the 12-year-old conservative who he made headlines back in February with a viral video that questioned President Obama's love of the United States.  Now the Georgia boy is pressing charges after receiving death threats for one of his latest messages.  This time the issue is on the Supreme Court ruling on same-sex marriage.  C.J. decided to comment on how after George Takei went after Justice Clarence Thomas.  Watch this.  

(BEGIN VIDEO CLIP)

PEARSON:  He accused him of being blackface and being a clown, I am sick and tired of the Left calling us racists, calling us bigots, and calling us people who don't care about black people.  But yet when they say that someone's going a blackface?  Then, well, it's A-OK.  

(END VIDEO CLIP)

BREAM:  That set off one Twitter user who sent a series of threatening tweets to the 12-year-old including this one.  Quote, "I pray your Fam is next to be killed."  She has since apologized but the damage was already done.  The Pearsons apparently are filing charges.  

Katherine Timpf is a reporter for National Review and a FOX News contributor.  Kat, how did we get here?  This is a 12-year-old.  And, you know, he says, I'm not worried about being politically correct.  That's one of the great things about being 12.

KATHERINE TIMPF, NATIONAL REVIEW REPORTER:  Yes.  

BREAM:  I don't worry too much about those kinds of things.  But this grown woman posting statements that, you know, most people would feel are pretty threatening.  

TIMPF:  Definitely.  And she did apologize.  But she also complained on her Twitter saying, the conservative society is terrorizing me.  You just verbally abused a 12-year-old boy.  He called her stupid or something like that.  She, on the other hand, threatened to want his entire family dead.  

BREAM:  Right.

TIMPF:  Said she was praying for his family to be killed.  That's a lot further there.  I don't know who is terrorizing who but it is so generally accepted that bullying on Twitter is a conservative thing.  That I guess she thought that people would take her side but it really is a pathetic thing and a mean thing.  

BREAM:  Well, and apparently she said something like, these are attributed to her Twitter account.  We wish we could switch Trayvon's life for yours.  
She said that the GOP had to formally denounce the 12-year-old kid or else, quote, otherwise we go for the lawsuit.  

TIMPF:  What does that even mean?

BREAM:  I'm a lawyer and I'm not really sure what kind of charges she would be filing against the GOP for C.J. Pearson making his own comments.  

TIMPF:  Right.  Any 12-year-old who has an opinion.  The GOP needs to take action and denounce all the 12-year-olds.  

BREAM:  Apparently.  

TIMPF:  He say they're conservatives.  I don't know.  She's a crazy person.  
It's more of a crazy thing that people threatening people on Twitter.  But a lot of people act like it is a conservative thing.  I know I certainly get it from people who say they're feminists or liberal or tolerant.  
You're, you know, blank, blank, beep, beep, stupid stuff I can't say on TV.  

BREAM:  Right.

TIMPF:  Because you're a conservative woman who call themselves feminist.  
Really the feminist thing would be to respect my point of view as a woman regardless of what it is.  But that's the same kind of thing we see all the time.  

BREAM:  Well, you mentioned her apology.  So, we want to make sure that we have this out there.  She said, "I'm actually deeply ashamed of the horrible statements that I made."  And he had said that he appreciates her apology and he, you know, as a Christian he wishes her the best.  She says, "You know the right wing will not stop attacking me but please know, I never threatened him or his family."  We read what is attributed to her.  
She said, "Now my life and my family's life are being threatened."  

TIMPF:  Right.  Well, you just said you wanted this kid's whole family dead.  So, how dare you complain about that?  Did she not think people would know that?  She said she didn't have any ill intentions.  I would really hate to see what she says when she does have ill intentions.  So, I think praying for your family's death is pretty much the definition of ill will.  

BREAM:  Well, and I just don't understand how people don't understand the -
- this is -- first of all, it is out there forever.  

TIMPF:  Right.  

BREAM:  You can delete the tweets, it is out there forever.  

TIMPF:  Right.

BREAM:  But this is public.  I mean, people are going to see after a 12- year-old child.  And he just said, he had some pretty tough language himself --  

TIMPF:  Yes.

BREAM: -- but apparently, he's going to press charges.  So, we'll see what happens.  

TIMPF:  Uh-mm.  You're allowed to call people stupid.  You're not allowed to threaten people's family's lives.  

BREAM:  There's the difference.

TIMPF:  Uh-mm.  

BREAM:  All right.  Kat, good to see you.  

TIMPF:  Good to see you, too.

BREAM:  Up next, terror charges handed down for the man accused of gunning down a New Jersey teen out of revenge.  A former federal prosecutor is here with what the DOJ is doing in the case and more importantly what it is not doing.  

Plus, what NASCAR officials doing tonight after that horrific crash, check it out.  

(COMMERCIAL BREAK)

BREAM:  New details tonight on terror charges for a man accused of gunning down a New Jersey teen last year.  Trace Gallagher is live in our west coast newsroom, with details, Hi Trace.

TRACE GALLAGHER, LOS ANGELES:  Hi Shannon.  This is the first New Jersey murder case where the defendant was charged with terrorism under state law.  
In June of last year, Ali Mohammed Brown is accused of shooting 19-year-old Brendan Tevlin multiple times while Tevlin was stopped at a traffic light in West Orange, New Jersey.  Tevlin had just finished his freshman year at the University of Richmond.  Brown who is a devout Muslim admitted killing Brendan Tevlin, and three other men in Seattle as retribution for U.S.
Military action in the Middle East, reportedly telling authorities that he was motivated by a bloody crusade to punish the U.S. Government.  Saying the men were, "just kills because they were adults and were not accompanied by women, children, or the elderly."  Despite those statements, and the fact the murders were unprovoked and extremely violent, the feds chose not to prosecute Brown in federal court or file deferral terror charges.  Back in 2005, Brown was convicted of bank fraud and sent to prison.  The FBI believed he was writing phony checks to funnel money to terror organizations in Africa.  And despite the fact that one of his co- defendants in the case went to Somalia to fight for the terror group Al Shabaab, the feds were unable to prove the terror connection with Ali Mohammad Brown.  Two other men were also charged in the murder of Brendan Tevlin, but those charges have now been dismissed.  Brown is facing life in prison.  Shannon.

BREAM:  All right, Trace.  Thank you very much.  Joining me now, Former Federal Attorney, J Christian Adams, who is also the Author of Injustice, the Exposing the Racial Agenda of the Obama Justice Department.  Christian, good to see you tonight.  And let's start right off with this case.  I mean this is a guy who apparently after the fact when he was talking to law enforcement essentially says, yeah, I killed four people, purportedly.  And I did it because the U.S. has been killing people in the Middle East.  He is reportedly a devout Muslim and said this was revenge.  So why has it taken so long to get these terrorism charges, and this is the first one ever under New Jersey state law.  But the feds aren't pursuing terror charges at this point.  And no intention, it doesn't look like they're going to.

J CHRISTIAN ADAMS, FORMER DOJ ATTORNEY:  Well, Shannon, Americans expect that their government will protect them.  They expect to be treated equally.  And when Ali Mohammed Brown says that he killed someone because he is a strict Muslim, then the federal government should be doing something.  This sounds like a hate crime.  This sounds like the federal government should have brought domestic terrorism charges.  He decided to kill somebody because he's an American.  It is up to the American government to defend American principles and bring domestic terror charges.

BREAM:  So why have they not?  I mean, at least within the state of New Jersey and they had to get special permission to do this for the first time ever.  They're doing it.  But what would it take at this point for the feds?  What more could you need for a prima facie case at this point, at least to get started on charges.

ADAMS:  What you need is an administration that doesn't find this narrative uncomfortable, Shannon.  Look at the narrative.  Here is a man who said, he killed for Islam.  Here is a man who randomly attacked an American sitting at a traffic light and gunned him down.  This is not something Eric Holder or the President wants Americans to be thinking about.  This is more political justice.  If you're the wrong victim class, then you don't get protection.  You don't have the President and the Attorney General flying to the scene of the crime like they have in other places.  You know, Shannon, the rock band, the Smithereens gave this more attention than the United States Justice Department when they played a benefit for this victim.  The Smithereens are doing a better job of defending America from lone wolf Islamic terror than this Justice Department does.

BREAM:  Well, it is interesting because in New Jersey, of course, this individual will not face the death penalty that has been outlawed in New Jersey.   Federal charges can change that, as we saw with the Boston Bombing trial and ultimate conviction.  So we'll keep an eye on this case.  
The Kelly File has done it for a long time asking these hard questions, so thank you for helping us with some of them tonight.  J Christian Adams, good to see you.

ADAMS:  Thanks, Shannon.

BREAM:  New fallout from a Clinton campaign event this weekend that has some political observers suggesting the relationship between the democratic front runner, and the media that is supposed to be covering her has at best
become absurd.   Howie Kurtz, Chris Stirewalt, just ahead on that.  Plus,
this week, after admitting there is no real strategy to defeat the Islamic state terror group, President Obama met today with top military and national security leaders and reminded people, what he doesn't think force is the answer, all about ideology.  Next, Pete Hegseth on why he says there has been a huge disconnect.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE:  The ideologies are not defeated with guns.  They're defeated by better ideas.

(END VIDEO CLIP)

BREAM:  Developing tonight, NASCAR and Daytona International Speedway officials are reviewing this horrific last lap, very fiery crash.  Check it out.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE:  Dale Earnhardt Jr. to the bottom of the track.  Junior will win in Daytona.  And the big one happens behind him.

(END VIDEO CLIP)

BREAM:  At least five fans in the stands were hurt.  Tonight, NASCAR saying its reviewing what it can do better after that wreck.  Amazingly, the driver, Austin Dillon and none of the fans were seriously hurt.  Good news there.

New fallout tonight from a Clinton campaign event this weekend that has some political observers suggesting the relationship between the democratic front runner, and the media that is supposed to be covering her has become at best absurd.  Reporters trying to cover Team Clinton found them literally corralled by a moving rope line during a parade in New Hampshire, looked a lot like we were young cows on a Kansas City cattle drive.  The Clinton campaigned defended the move saying it was a way to "accommodate the press."  Joining me now, Howie Kurtz, the Host of Media Buzz right here on Fox News, and our own Fox News Digital Politics Editor, Chris Stirewalt, good to see you both, gentlemen.

CHRIS STIREWALT, FOX NEWS DIGITAL POLITICS EDITOR:  Howdy.  

BREAM:  Chris, let's start with you.  Howdy.  It was like lasso, head them out, and move them out event on Saturday.

STIREWALT:  Rawhide.  Yeah.  It was like that.  Maybe a little 50 shades of gray comes to New Hampshire.  The press, I've always said and Howie may disagree, he may agree, I don't know.  But he's definitely seen these elements.  There is something masochistic about the press' relationship with the Clintons, especially with Hillary Clinton.  They beat him around, they treat them terribly, they abuse them, and for some reason they keep coming back for more.  They're always back, they never say, you know what?  
We're not going in your corral.  We're not going in the pen.  We're going to cover you in a fairly dainty fashion.  And in this case, you see they're abused and then they come back and say bad optics. Those optics weren't good.  This was bad judgment.  They should have used better judgment here.  
Well they used good judgment.  The judgment that they used was they could treat the press corps covering Hillary Clinton like they are cattle out there on the street and they would get away with it.  And they would deep the candidate where they want her which is, back ground, photo ops, happy people of New Hampshire back there, and the press not causing trouble.

BREAM:  Well, Howard, we do know that there were some people who were following her with signs.  They were yelling about Benghazi.  They were yelling about e-emails.  I mean there were some people like -- anybody who is running for President is going to get heckled.  It happens to GOP, democrats, Socialist Bernie Sanders, everybody gets it.  But Howie, now we're hearing that she's actually -- her people are saying, we have done what we think is best -- she's best at which is the one-on-one retail politics.  Now she's ready to start talking more to the national media and she's going to do a great job.

HOWIE KURTZ, MEDIABUZZ HOST:  Well, we broke that story online last night, Shannon.  And Hillary's communications director confirmed to me that she's going to start doing national TV interviews this week, allow more media access.  But it comes just in time.  Because when you look at these pictures, I guess it was a rope a dope strategy.  That would make us the dope.  This is the most embarrassing political images.  Mike Secaucus was riding around in a tank, and kind of serves as a metaphor for a campaign that literally is trying to lasso reporters.  And if this had been some other campaign, Marco Rubio, Scott Walker's, it would have been a blip.  
Because there is this metaphor alert, this very difficult at arm's length relationship between Hillary and the press corps relationship that follows her every move.  I think it really has resonance.

BREAM:  All right.  So Chris we hear now that she's going to do her first big interview.  It's going to be with CNN's Briana Keller.  And you know, some people are criticizing it saying, there is a Twitter picture of her at a staffer's wedding, it felt too cozy.  You know, I say in Washington, it is kind of a small town.  A lot of us do know each other.  You know, is it fair to say that Briana's not going to do a good job because she was at a wedding of somebody connected to the Clinton campaign?

STIREWALT:  Were you invited?  You weren't invited.

BREAM:  It comes in the mail.

STIREWALT:  I don't think Howie got invited.

Look, I think for Hillary Clinton, until she does an interview with somebody that we know is going to throw hard balls, that we know, she hasn't passed the test until she does, let's say -- I don't know, Megyn Kelly.  She could sit down with you, she could sit down with Bret Baer.  
There are a number of people she could sit down with at this network from whom she would get fair questions.  There are people at other networks, other organizations she could sit down with, and do a real sit down interview that would put to rest some of these questions.  But that's not how she chose to open.  And that's not to say that CNN won't do a fine job with this interview.  That's not to say any of that.  But what I mean is this doesn't sound like somebody who is coming out strong out of box.

BREAM:  All right, Howie, your take on this upcoming interview?

KURTZ:  Well, I'm not going to prejudge the interview.  I'm sure CNN will do a good job.  I think more importantly, is that I've been saying for months now that keeping reporters at arm's length has hurt Hillary's campaign, particularly on the trust question.  Because she is not seen as engaging and taking the questions that any presidential candidate normally would take.  So now we have Hillary's Communications Chief, Jennifer Palmieri telling me on the record that we're sacrificing the coverage.  
We're paying the price.  They recognize that this has hurt them.  It is one of the reasons for this mid course correction.  What's happened is this created a vacuum.  So Bernie is making news, Trump is news, and the stories about Hillary are about the e-emails, and the Clinton Foundation, and the speaking fees, because she hasn't made much news because she's not engaging with journalists.

BREAM:  All right.  We got rope a dope, and 50 shades of gray, all worked in our discussion of Hillary, and a heehaw and howdy.  So Howie and Chris, thank you both gentlemen.  See you back in D.C.

KURTZ:  Bye Shannon.  

BREAM:  All right, this week, after admitting there is no real strategy to defeat the Islamic state terror group, President Obama met today with top military and national security leaders, and reminded people why he doesn't think force is the right answer in all cases.  Next, Pete Hegseth on why he says there's been a huge disconnect.  Plus, a special moment you might have missed at the end of last night's deserved USA women's soccer world cup victory.  

(COMMERCIAL BREAK)

BREAM:  Team USA's historic World Cup win over Japan.  And moments ago, the golden girls just landed at LAX with the coveted trophy in hand.  Three goal Superstar, Carli Lloyd making the rounds after the win today, explaining that special moment between her and Team Captain, Abby Wambach, that you might have missed.  

(BEGIN VIDEO CLIP)

CARLI LLOYD, SCORED 3 GOALS:  When I Abbey came on, I knew that this was probably her last World Cup Game.  And I insisted and said look, you know take the arm band.  And she said no.  I said look, take the arm band.  I took it off my arm, put it on her arm.  And I wanted her to have it.  She's a legend.

(END VIDEO CLIP)

BREAM:  Wambach has played for the U.S. women's team since 2001, and has scored more international goals than any other person, male or female in soccer history.

Developing tonight, just weeks after admitting there is no real strategy to defeat the Islamic state terror group.  President Obama met today with top military and national security leaders to get an update on the fight.  He then went to the cameras and argued first, that we're winning, and then went on to again remind people that he doesn't think military force is necessarily the answer.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE:  I've said it before, and I know our military leaders agree, this broader challenge of countering violent extremism is not simply a military effort. Ideologies are not defeated with guns, they're defeated by better ideas.

(END VIDEO CLIP)

BREAM:  Pete Hegseth is an Iraq and Afghanistan Combat War Veteran, and a Fox News Contributor, Pete, good to see you tonight.  

PETE HEGSETH, IRAQ AND AFGHANISTAN COMBAT WAR VETERAN:  Good.  How are you doing?  

BREAM:  Well, what did you make of the President's remarks today?

HEGSETH:  It's fundamentally absurd.  Ideologies are not defeated by guns.  
They're defeated by better ideas.  Tell that to the Kaiser Wilhelm.  Tell that to the Nazis.  Tell that to the cold war -- the USSR who we fought over 50 years.  Tell that to Saddam Hussein.  Of course, America has better ideas.  We know that.  But better ideas in it of themselves don't inevitably carry the day.  Ultimately, big guns and courageous people who carry them are the ones who carry the day.  And right now it's not think tanks, it's not development, it's not political and economic progress.  
It's not jobs that ISIS is looking for.  ISIS is seeking to expand its caliphate.  And unless we fight them and kill and defeat them, they're not going anywhere.  This is not about ideas for ISIS.  This is about dominance and only overwhelming force is going to carry the day.

BREAM:  Well, at a piece today, the President said America is leading the way to ultimately defeat ISIS.  He said it's not going to be easy, it's going to take time.  But he says we are the leaders in this fight.

HEGSETH:  He said they're the leader of a 60 nation coalition which is really just America and a few others.  They're looking for allies on the ground which they haven't been able to motivate.  Because they believe that political and economic progress is going to come before military progress.  
They've got it backwards, just like they did -- Obama did during the Iraq surge.  Only military progress creates the seeds for diplomatic and political progress.  And if you want Arab allies on the ground, you'd better be committed to the fight in a very direct way.  And right now through our lily pad approach and a lot of other softer approaches we have taken, boots on the ground but no boots on the ground, we're not sending signals that we're in it to with it.  And as a result, whether it's the Iraqis or the Kurds, they're doing the best they can.  But they're not delivering the decisive blow that we need to turn the entire narrative over.  And so right now, we got a de facto strategy of containment against
ISIS.  He says defeat and degrade, what it really is, is just containing
and waiting for 2017 and handing this difficult situation to the next guy.

BREAM:  Pete Hegseth, thank you for your service, and for being with us tonight, sir.

HEGSETH:  Thank you.

BREAM:  We'll be right back.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE:  Fox News is America's elected headquarters.  And to kick it all off, Fox News and Facebook are teaming up to bring you the First Republican Debate of the 2016 Presidential Campaign.

UNIDENTIFIED MALE:  Live from Cleveland, August 6th.  And we want to know what your one
question for the candidates.

UNIDENTIFIED MALE:  Do they want to repeal ObamaCare.

UNIDENTIFIED MALE:  What would they specifically do to grow jobs?

UNIDENTIFIED MALE:  What would you do about immigration?

BRET BAIER:  Want your question to be asked?  Submit it in the comments below or upload a photo or video by clicking the link in this post.  Thank you and we'll see you in Cleveland, August 6th.  

(END VIDEO CLIP)

(COMMERCIAL BREAK)

BREAM:  We are getting a lot of reaction tonight to young CJ Pearson.  We want to hear from you.  Facebook.com/kellyfile, tell us what you think about the show, and that story as well.  Thanks for watching.  I'm Shannon Bream.  Megyn is back tomorrow night with a big time line up, Brit Hume, Marc Thiessen, and our legal panel, Arthur Aidala, Mark Eiglarsh.  Have a great night.  This is 'The Kelly File.'

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