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Kelly File

Where is White House outcry after Kate Steinle murder? Plus, Huckabee says he would deny federal funding for sanctuary cities

This is a rush transcript from "The Kelly File," July 9, 2015. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Breaking tonight, the young woman gunned down by an illegal immigrant in San Francisco was just laid to rest. Surrounded by friends and family. It does not appear at this hour that anyone from the Obama administration was in attendance.

Welcome to "The Kelly File," everyone. I'm Megyn Kelly. Funeral services were held this evening for 32-year-old Katherine Steinle. Her loved ones remembering her as an avid traveler who loved connecting with people until her life was cut short a week ago. That's when Kate was shot and killed while in her father's arms, police say by this man, Francisco Sanchez, an illegal immigrant who had been deported five times from this country and had racked up a string of felonies while in the U.S. The San Francisco sheriff had Sanchez in custody as recently as April but released him pursuant to San Francisco's sanctuary city policy where they have rules against handing over anyone to the Feds who might be deported.

This sheriff himself a convicted criminal says, he stands by the city's policy. Kate's murder has since exploded into a national debate on illegal immigrant, sanctuary cities in crime. With the White House ducking the issue of its own acquiescence in these city's decision to flout the federal immigration laws which were duly enacted. When asked repeatedly this week to speak to this case, White House Spokesman Josh Earnest declined to weigh in other than to refer folks to the Department of Homeland Security. A stark contrast to what we saw after Michael Brown was killed in Ferguson, Missouri. A man we now know was attacking a police officer at the time of his death. His funeral saw three Obama officials in attendance, his death drew comments from President Obama personally. And the administration also sent in the DOJ and 40 FBI agents dispatched to Missouri after Michael Brown was killed.

Where is the swarm of agents in San Francisco? Then there was Freddie Gray in Baltimore, a repeat drug offender who was killed in police custody.  Here again his funeral was attended by three Obama administration officials and again the President spoke personally to Freddie Gray's death. And again, sent the DOJ in to investigate. When Trayvon Martin was killed in Florida, the President spoke to his death which was later ruled to be in self-defense. But Kate Steinle, nothing. No comments, no swarm of FBI agents, no DOJ investigation, nothing. Why?

Marc Thiessen is a Fox News contributor and the former chief presidential speechwriter for President George W. Bush. Richard Fowler is a nationally syndicated radio host. Thank you for being here, both. Marc, why?

MARC THIESSEN, FOX NEWS CONTRIBUTOR: Yes, the silence from President Obama is absolutely deafening. He had plenty to say when it came to Trayvon Martin, when it came to Michael Brown, when it came to Freddie Gray, but all of the sudden a woman is killed by a criminal alien, and all of a sudden the President is tongue tied. He's got nothing to say. Why is that? The answer is simple. In all of those other cases, he had liberal policy points that he wanted to make about gun control, about police bias, about racial profiling. In this case he has no policy points he wants to make because the policies that he supports are the ones that got this woman killed. His support for sanctuary cities, his support for releasing criminal aliens into the communities. So he doesn't want to highlight this because there's no political gain to be made from it.  

KELLY: Richard, do you disagree with any word that Marc just said?

RICHARD FOWLER, NATIONALLY SYNDICATED RADIO HOST: I disagree with about 90 percent of it. I think this president is outraged that we haven't passed comprehensive immigration reform. Since this president is coming to the White House --

KELLY: Where is the comment on Kate Steinle's death?

FOWLER: Over and over and over again about comprehensive immigration reform. This president has said number of times --

KELLY: But if you could just answer my question, Richard? Could you answer my question?

FOWLER: I am answering your question, Megyn.  

KELLY: Where is the comment about Kate Steinle's murder?

FOWLER: The reason why Kate Steinle's murder happened, and the White House will tell you the same thing, is because we have a broken immigration system. George Bush tried to fix it and Republicans blocked it. Now, the President has tried to fix it. Marco Rubio even tried. It was so bad that he ran away from it.  

KELLY: Okay.

FOWLER: But we had fix on immigration system, we wouldn't be here today.

KELLY: Okay. So, let me ask you, where is his comment on her murder?

FOWLER: Her murder wouldn't have happened, Megyn --

KELLY: Stop that. Stop that.

FOWLER: Sanctuary cities wouldn't have happened --

KELLY: Stop that.

FOWLER: -- if we've had comprehensive immigration.

KELLY: Answer my question. I'm asking you, give an answer. You can't because there isn't one. Marc, there's no excuse for it. He picks and chooses the victims he wants to highlight and apparently this victim wasn't deemed worthy.

THIESSEN: That's exactly right. And look, why hasn't the President come out into the South Lawn or the Rose Garden or the press podium and said it's unconscionable that the city of San Francisco refused a request from U.S. immigration officials to notify them when this man with seven felony convictions was released. It's his administration that requested that information and it was turned down. And the answer is simple. He supports sanctuary city policies.  

FOWLER: That's not true, mark.  

THIESSEN: It is.

KELLY: How is it not true?

THIESSEN: How is it not true?

FOWLER: It's -- one, we have seen very few republican candidates come out and talk about how we fix the --

THIESSEN: We're not talking about the Republicans.

FOWLER: Number two, number two, number two, the reason why this individual is able to come back in the country multiple times is because under the republican leadership, under the republican budget making --

KELLY: That supports what you just said, Richard. You just said --

FOWLER: -- they have cut border patrol.

THIESSEN: You've got to be kidding me, Richard. You're telling me Richard that Republicans --

FOWLER: I'm telling you in the past, the wait to prosperity. Poll rise --  

(CROSSTALK)

THIESSEN: You've got to be kidding!

FOWLER: So, those are the facts. But --

KELLY: Stop. Stop. No. Stop it. Hold on, Richard. I'm going to give you the floor but you've got to stay on point. You keep making these assertions and then you dance off to the sidelines. The question -- you said the President doesn't support sanctuary city policies. What do you base that on?

FOWLER: I base it on the fact that if we had comprehensive immigration reform, there could be no need for sanctuary cities. And I'm pretty sure the White House would tell you the same thing tonight. If we had immigration reform --

KELLY: You know, what? I don't think that's true.  

FOWLER: If we got rid of the 11 million people who live in the shadows, there would be no need for sanctuary cities. That's a fact.

KELLY: And yet, Marc, and yet -- Richard --

FOWLER: That's the fact. That's the fact though, Megyn.

KELLY: -- seems to be forgetting about Sarah Saldana. Sarah Saldana and what happened with her testimony in March which makes perfectly clear that this administration is fine with sanctuary cities.

THIESSEN: No, that's absolutely true. She came and she was asked by Congress. Do you support legislation that would require cities to cooperate? That would have required the city of San Francisco to report on this individual and she said, amen, thank you. The next day she's out there, issued a statement retracting that because she was cut off at the knees by the Obama administration. Of course they don't support sanctuary city policies.

FOWLER: You know, but Marc, I've seen on this program over and over again, Marc, advocating for state's rights and state's rights and the separation between the federal government and the state government.  Immigration policy and imitation of immigration law and creation of immigration law lies squarely with the federal government. And this Congress has failed to act even though this president asked them over and over and over again to do something. Congress has taken sticks, broken them and put them in their ears.

KELLY: All right. I got to go. I got to leave it at that. Good debate always, guys.

THIESSEN: All right. Thanks, Megyn.

KELLY: Well, our next guest says that if he were president, he would cut off funding to every sanctuary city in America.

Joining me now, former Arkansas governor and 2016 republican presidential Mike Huckabee. Governor Huckabee, go to see you. What about that? There's no DOJ investigation, there's no swarm of FBI agents.  There's not even a comment. There's nothing. All we've heard from the White House this week is, we refer you to Homeland Security because we don't comment on specific cases.

MIKE HUCKABEE, R-2016 PRESIDENTIAL CANDIDATE: Running from responsibility. And it's just tragic. When you show the pictures of that beautiful young woman, what hits me Megyn, she's the same age as my daughter. That could have been my daughter. It could be the daughter of a lot of people in this country. And they need to realize that she's dead because we have not just done the simple most fundamental thing that a country is supposed to do and that's control its borders. This isn't about being anti-immigrant, this is about being for every person, every human being has a right to live without being murdered in cold blood in her father's arms. And when I hear Richard talking and saying that this is because the Congress didn't pass comprehensive immigration reform, it just makes me livid that once again the Democrats are playing talking points.  

KELLY: But let me explain his point. Because that is another thing the White House has said this week. What they're saying is that if there were comprehensive immigration reform, then these 11, 12 million illegal immigrants would not have to, quote, "live in the shadows," that they would not have to worry about being deported if they reported a crime because it would be okay to come out of the darkness and say, I saw this, I'm an illegal immigrant but I don't have to worry because I'm on my path way to whatever it is. And so, their point is, you wouldn't need cities to provide sanctuary because basically the whole country would be sanctuary for those we were deeming on the path toward legalization.  

HUCKABEE: Well, there's a better solution. We're talking chicken and egg here. Here's the real question. Why do we have a secure border?  That's the single most important part of comprehensive immigration reform.  If your sink breaks and water is spewing all over the floor, you don't say let's go to Home Depot and get a new sink. The first thing you do is just stop the water from flowing. And I pledge that we'll get a border secure within a year. And if it sounds audacious to say that, I point people to the fact that 73 years ago we build a road between British Columbia and Alaska, 1700 miles of a road in arctic conditions and did it in less than a year. This nonsense that we can't secure the border is just an excuse.  

KELLY: But what about sanctuary cities? Is the President powerless - -  

HUCKABEE: We should cut the funding off.

KELLY: -- is he powerless to stop a city like San Francisco from doing what it's doing?

HUCKABEE: The President should first of all stop all discretionary funding to those cities, especially as it relates to law enforcement. He can do that. A president can reverse the executive order that created executive amnesty which was illegal on the part of the President.  Something he himself said 23 times she couldn't do and then he turned around and did it. And we also should name Mexican drug cartels as foreign terrorist organizations and treat them as terrorist organizations. We've got to separate the good people who come here for opportunity versus the people who keep coming back through a porous border.  

KELLY: They say, the sanctuary city policies aren't meant to protect convicted felons and then they express shock that somehow their system, that it just allows sanctuary didn't work. Governor, thank you for being here with your thoughts.  

HUCKABEE: Thank you, Megyn.

KELLY: There was breaking news tonight on a vicious mob beating caught on tape in Cincinnati.

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KELLY: That was just the beginning of the assault. And up next, we will show you how it ended and why police have just decided after a different decision initially to call this a hate crime.

Plus, see why some people are now asking if CNN's Dr. Sanjay Gupta is the next Brian Williams. Howie Kurtz is here on how the TV doctor is trying to explain away a story about a televised surgery that may never has happened.  

And then, the critics weigh in on MTV's new documentary on "white people," calling it an attempt to publicly shaming Caucasians about their race and their history. We'll go inside the controversy just ahead.  

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: We've never had to internalize what white people have done in America. But here you can't escape that.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

KELLY: Breaking tonight, the Cincinnati police chief is now calling for hate crime charges in the mob beating of a white man by a large group of black men. This is an incident the city earlier said had nothing to do with race and now tonight a reversal. The attack was caught on camera late Saturday night by a bus passenger. Watch.

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UNIDENTIFIED MALE: A hundred police right over here.

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Ain't nobody getting on this bus?

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KELLY: It is not clear what fueled that fight. At least not to the public. Although the police are now weighing in. Or what happened in the minutes after that video. You could see the man gets up, the man being beaten gets up, puts on the shoe, does this with his arms. But the next scene appears to show not just the horrifying conclusion but watch what some around the victim are doing. And we warn you this is graphic. And it is disturbing. Watch.

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UNIDENTIFIED FEMALE: You okay?

UNIDENTIFIED FEMALE: Please, please.

UNIDENTIFIED FEMALE: Get him some water.

UNIDENTIFIED FEMALE: Help him up. Help him up. Get him to the ambulance. Get him to the ambulance.

(Bleep)

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KELLY: Mark Eiglarsh, he's a former prosecutor now, criminal defense attorney, Arthur Aidala is a New York trial attorney and a FOX News legal analyst. Thank you both for being here. So disturbing.

MARK EIGLARSH, FORMER PROSECUTOR: Yes.

KELLY: And what they said was there was a crowd of approximately 40 who wound up beating on this young man. And now the original officer said this was a hate crime. Then the police captain came out and said, no it wasn't, she got out ahead of her skis. And now the Police Chief Mark, has come out and said, "No, she did not." This is a hate crime. Do we understand why the shift?

EIGLARSH: Because I think that the police in this case might have initially said this is what we think it is. But trials are never about truth. It's about what could be proven. So the question is, not what we definitely think might have been. But what could be proven. Absent any statements -- and I listened to the audio recording numerous times and watched the video, absent any other proof. What you've got is it definitely probably may be a hate crime and that's not sufficient under the law.  

KELLY: Arthur, I don't know what they're basing this on other than the fact that the assailants, you know, in the video appear to be African- American and the man on the receiving end of the beating is white. But at first when you see this tape it looks like a fight between two sides. I mean, here he's getting beaten and he gets up and the arms out like in a confrontational gesture like, you know, bring it on and clearly it goes downhill from there but we don't see it.  

ARTHUR AIDALA, NEW YORK TRIAL ATTORNEY: Megyn, when you go to Washington, D.C. and you walk up to steps of the United States Supreme Court, on the top of the court it says equal justice under the law. And nobody with a straight face could say that if you reversed these races, if it was 40 Caucasians and one person of color and the Caucasians destroyed the person of color the way this kid was destroyed that they would not be tried with a hate crime. Nobody with a straight face could say that hate crime charges would not be brought, as they should be. And here it seems to me the only reason why, from what we're seeing this person is singled out is because of the color of their skin.  

KELLY: You can see, I mean, can you make that conclusion, Mark, just based on the skin color of the parties involved?

EIGLARSH: The direct answer is it depends what court you're in. And the court of public opinion, have at it. Arthur can spew that all he wants. In the court of law there is a definite maybe that there's what it was about. But where is the extra evident, I assure you that this will come back from the appellate court very quickly saying that there's insufficient evidence.  

AIDALA: Megyn, we've proved -- every aspect of a case can be proven by circumstantial evidence.  

EIGLARSH: What else?

AIDALA: That's all you need?

EIGLARSH: That's it?

AIDALA: Yes, absolutely.

EIGLARSH: That's it? (CROSSTLAK)

KELLY: They may have more that they're not -- they may have more that they're not disclosing at that point.

EIGLARSH: That's possible.

KELLY: Days went by and they performed an investigation and they interviewed people. And you can see on the tape, you know, there are some people who are laughing, you saw there, they were laughing and when they found this man's bloodied unconscious body, they thought it was a riot.  

EIGLARSH: Singing. Singing.

KELLY: Singing.

EIGLARSH: Horrible. We all agreed there, Arthur.

KELLY: Seven people were arrested. Some officers were assaulted in the course of this melee that followed some sort of a hip hop event. But the question is now, Mark, if this proceeds as a hate crime charge, which is still up to the prosecutor, what does it mean? How does it enhance or change things for the defendants who have been charged?

EIGLARSH: In that state it elevates a certain level of crime to a higher more significant penalty that they're facing. So the answer lies in not doing something that's going to be reversed by the appellate court so it has to be done all over again but giving these guys a stiff penalty on the highest end of the range that's possible.  

KELLY: You look at the tape, Mark, we've got it cued up with the laughing.

EIGLARSH: It's horrible.  

KELLY: And we don't know, the laughing guys were the assailants that we saw earlier on. But this man is beaten to a pulp.  

EIGLARSH: Absolutely.  

KELLY: And some help and then there were others who thought it was hilarious. Watch.

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(INAUDIBLE) (Bleep) (Bleep)

AIDALA: You know, Megyn, I just want to go back to the segment you just did about how Kate and her homicide was treated one way and Michael Brown and other people's homicides were treated another way. I'm just, I'm looking at this as an objective prosecutor would and how equal justice under the law, if you switch everyone around, this country would be screaming that the young white boys who beat the heck out of the young person with color be charged with a hate crime.  

KELLY: Is it relevant at all Arthur? Is it relevant at all Arthur that he got up, you know, it looked like -- is right on that. But that's not evidence.  

AIDALA: He's in shock. He's fighting for his life. Look at how many people are around him. Do you know, I mean, you could call an expert about psychologically what he's going through.

EIGLARSH: He's leading everyone.  

KELLY: Wait. Let him finish. Go ahead, Arthur.  

EIGLARSH: What Arthur is doing is -- all right, I'll let him finish but then I'll say how he's misleading.  

AIDALA: Believe me Megyn, I thought of the same thing. That he does jumped up. He just jumped up after that guy that you just showed stomping on his face, stomping on his face. God knows what he's thinking after his face gets stomped at. When another guy is choking you and another guy is punching you. It's -- I forget the term but it's like --

EIGLARSH: All right.

AIDALA: -- survive, fight or survive.  

KELLY: Go ahead, Mark. Go ahead.  

EIGLARSH: Arthur is doing exactly what prosecutors do in court. They focus on how abhorrent the crime is to take your eyes off -- off the jurors eyes off where they're deficient in their case and that is significantly proving that this was because --

KELLY: It's up by to the country prosecutor. He is being act by the police chief to pursue hate crime charges here. Guys, thank you both.  

AIDALA: Thank you.

EIGLARSH: Thank you, Megyn.

KELLY: Coming up, a firestorm for a cable network's top doctor after he gets the story wrong about a patient he supposedly operated on. But now there are questions about that. Howie Kurtz is here next on the fallout.

And back when Caitlyn Jenner was still going by Bruce, Bruce was behind the wheel in a car crash that killed someone. Tonight, we've got the first look at dramatic new surveillance video that may entirely change this case.

(COMMERCIAL BREAK)

KELLY: New developments tonight in a controversy around CNN's chief medical correspondent, Dr. Sanjay Gupta. It started with an operation he appears to have performed on a young girl following the earthquake in Nepal back in April. Only now the young girl the doctor was supposed to have saved says she never had a surgery. And that's not all.

Trace Gallagher live in our West Coast Newsroom with the story.  Trace.

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Megyn, the red flag on the story was raised by the Global Press Institute. An organization that trains journalist in the developing world. They interviewed surgeons in Nepal as well as eight-year-old Salina Dahal. That's the girl Sanjay Gupta said he operated on. Except the girl did not suffer those injuries and did not have an operation. It turns out, Gupta assisted in the operation on this girl, a 14-year-old Sandhya Chalise who did suffer severe injuries.  Today, Gupta blamed the mess-up on the chaos in Kathmandu. Listen.

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DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: You have a hospital lobby area that's turned into a massive triage area. We're talking to doctors. There's sometimes a little bit of a language barrier as well. I'm told that there are six patients, all of them children that are needing operations on their brain. We're looking at their scans and I'm being shown their scans. So, it's hard -- I'm just trying to paint a little bit of a picture.

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GALLAGHER: CNN actually got it right before Gupta got it wrong. The network initially identified the right girl before Dr. Gupta made them change it. Now, this isn't a Brian Williams' moment because Gupta did assist in the operation, although some say he badly misinterpreted his involvement. One of the Nepal surgeons claimed that Gupta repeatedly asked to be part of the surgery while Gupta claims they requested him. Critics points out, Sanjay Gupta has a propensity to become part of the story instead of just covering it. But CNN says, he's got their unequivocal support saying, quote, "journalism is not brain surgery but brain surgery is brain surgery." Sanjay spent a week in Nepal, helped save the young life in the operating room and we could not be prouder of him. We should note surgeons in Nepal say, they were never notified that Gupta planned to videotape that surgery -- Megyn.  

KELLY: Trace, thank you.

Turning me now with more. Howie Kurtz, host of "MediaBuzz" right here on FNC. How bizarre is this?  

HOWIE KURTZ, HOST, "MEDIABUZZ": It's a really strange story, Megyn. And look Sanjay Gupta deserves credits for going into disaster zones and performing surgery. But this is a colossal mistake and it does raise among other questions, this question, and that is, is Gupta going to Nepal as a journalist, as a doctor or a doctor who wants to time- out his exploits on CNN.  

KELLY: Uh-mm. And it's obviously both. And CNN is right, brain surgery is brain surgery. So, you know, a tip of the hat to him. But this story underlies a problem that you face when you wear both hats. And he went down there and appears to have performed surgery on a young girl, not the one he reported on, however. And so the story wound up being wrong, he made it wrong, and apparently now is telling us that he said he operated on an eight year old when in fact he operated on a 14 or 15-year-old.

KURTZ: Right. And it's hard as a layman to understand how that mix- up could have been made. And the thing is, this was presented on CNN as a very dramatic tale with video of the eight-year-old girl Salina, at the end of which Sanjay Gupta reported Salina will live. And it's only because the eight-year-old girl, Salina's family talked to this newspaper that we found through questions. And even going on CNN and answering questions, and that was a good thing to do, Gupta still isn't able to tell us exactly what happened. He still says, he's not sure exactly who he operated on.  

KELLY: Uh-mm. And the little girl came out and said, I never had any surgery. I don't -- like, this is a problem. I mean I'm sure there's an explanation for how you can mistake a 15-year-old for an eight-year-old.  It was a war -- I mean, it wasn't a war zone but it was like a war zone after the earthquake and so on. However, this is a bizarre set of circumstances and underscores the dangers of both being the story and reporting on it. Howie, good to see you.   

KURTZ: Good to see you, Megyn.

KELLY: Well, medical records are supposed to be kept private. Although, they go online now because of -- thanks for ObamaCare. Do you worry about that? You know you like it down (ph). You know, who is going to be seeing what? Some things are private. Anyway, a major sports network has decided to broadcast the very personal medical records of a New York Giants star. Brian Kilmeade is here on that. Is this the way of the future? And then MTV is out with a new documentary on white people. Up next, why some critics are calling it racist and offensive.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: OK.

JOSE ANTONIO VARGAS, JOURNALIST: How might your life be different if you weren't white?

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(COMMERCIAL BREAK)

KELLY: Well so far, we've only seen the trailer but there's already outrage from some corners over a new MTV documentary that the network says, takes a look at white people, and their struggles of living with white privilege. Here's a peek.

(BEGIN VIDEO CLIP)

VARGAS: So we're doing a film for MTV on what it means to be young and white.

UNIDENTIFIED MALE: OK.

(LAUGHTER)

UNIDENTIFIED FEMALE: OK.

UNIDENTIFIED MALE: If you say the wrong thing, then suddenly you are a racist.

UNIDENTIFIED MALE: I'm trying to be careful here.

UNIDENTIFIED FEMALE: I don't want to offend people.

UNIDENTIFIED FEMALE: I feel like you guys are attacking me now.

UNIDENTIFIED FEMALE: If I bring up any sort of race issue with my parents, they immediately assume that I'm demonizing them.

UNIDENTIFIED MALE: (inaudible).

VARGAS: How might your life be different if you weren't white?

When you say white, what does that mean to you?

UNIDENTIFIED FEMALE: We've never had to internalize what white people have done in America. But here, you can't escape that.

UNIDENTIFIED FEMALE: It feels like I'm being discriminated against.

UNIDENTIFIED FEMALE: You kind of get this feeling that things belong to you.

UNIDENTIFIED MALE: I'm getting uncomfortable. It's uncomfortable.

VARGAS: Hey, this is great. Let's get all uncomfortable together.

(END VIDEO CLIP)

KELLY: Joining me now National Review Editor Rich Lowry and Progressive radio talk show host Leslie Marshal. Rich, let me start with you. How might your life be different if you weren't white?

RICH LOWRY, NATIONAL REVIEW EDITOR: Well, no one has seen this program yet, Megyn, but I think we're pretty safe in assuming that it will be as stupid and exploitative as you'd expect from a network that gave us Jersey Shore and Teen Mom 2. You know that.

KELLY: Don't be misled. They genuinely care about American society and its improvement.

LOWRY: I know. I'm so cynical and hard get in. Look, the notion of white privilege it's very trendy, especially on college campuses. And it's based really on audios lie about our society. There's no doubt that we have a hideous history of racism in this country, but that doesn't determine anyone's future right now. That is still overwhelmingly based on family privilege. On education privilege, on hard work privilege and those are things that are open to everyone in this country.

KELLY: Leslie, the guy, the producer of it, the guy behind the project is Jose Antonio Vargas who is an illegal immigrant. A Pulitzer Prize- winning illegal immigrant who's highlighting comments like the one you just heard. Like the white woman saying, well, this is what it's like to be white, you get this feeling that things belong to you. Who guy made her the spokesperson for white people?

LESLIE MARSHALL, PROGRESSIVE RADIO TALK SHOW HOST: I don't think -- she certainly doesn't speak for me and I am white, as you notice. And I think this is different than that 16 and pregnant that I agree with you, Rich on the stupidity of those kinds of shows. You know, Megyn, one of my favorite classes in college was called the sociology of prejudice and our teacher broke us down into groups where we had different races, cultures, religions and gender, and we sat and had a discussion that was very uncomfortable. At the beginning of class, people walked out. It reminded me of this in this trailer. By the end of the class, and I (inaudible) of so many people from that today, I learned so much more about other religions and other colors and how I as a white woman are perceived and as a woman. And I thought it was great because it was a conversation that needed to be had then. It's still a conversation we need to have and I think among this group of people.

KELLY: But here.

MARSHALL: That it's a good idea.

KELLY: But here's my question for you, here's my question for you Rich. Are we adult enough in this society to have that conversation? And do we trust that conversation to -- in the hands of this particular film maker who has come out and talked about? We can't talk about racism until we see white privilege in the country. And about how a new America is being created right now and talking about the growing, you know presence of nonwhite people as a good thing and so on, and that's fine. But is this the shepherd we want?

LOWRY: No. Plus we're having this conversation all the time. It's one of the main topics in our country. And I think we're overly obsessed with race, especially the left which appears to, when they look at people, they don't see individuals, they see skin color and it's really pernicious. And the idea of white privilege, you know you look at some of the whitest counties in America, they are in (inaudible). And if race were determined - - determinative of success in this country, those would be the best counties to live at and live in this entire country. And of course, they're some of the pure -- poorest counties in this country. You look at the top colleges in America, they almost all discriminate in some form or other, against Asian applicants because they're such successful students.

(CROSSTALK)

LOWRY: So is there Asian privilege in this country as well?

KELLY: But let me ask you about this Leslie, because we're seeing this more and more. And I'll tell you this, here in New York City, where you got these fancy private schools, right. The people send their kids to -- you cannot walk through the halls whit these schools without seeing posters about got privilege? Check it. And then your kids get an education on how bad America is because of what the white people did to the American-Indians and they devote entire years of school teaching the kids about that fact. And I mean, so do people think that it is white shaming as opposed to just getting a dialogue started on race issues?

MARSHALL: I understand that because I think a lot of people perceive that if you're proud of being Caucasian that it is racist or that you're a neo-Nazi or a skin head. I think it's essential for people to have accurate history, about our history and doesn't include color. And with this group of people, especially on this trailer that we've seen, they're going to be in the prime of their lives when 2054 rolls around and whites are no longer the majority. So I think it's fair to say, what would life be like, if you weren't white. And I think it's also fair to say to people who are people of color, what do you feel it would be. And Rich, although the Appalachian is a great example, when you go to somebody's really (inaudible) schools, you don't see a lot of color in the hallways and I think that's going to think (ph).

LOWRY: That's not true with New York City. That is not true here.

(CROSSTALK)

KELLY: But I can tell you -- I can tell you, how might your life be different if you were not white?

LOWRY: These kids on.

KELLY: I would be darker.

(LAUGHTER)

KELLY: I got to go.

LOWRY: All right.

KELLY: Good to see you.

(LAUGHTER)

LOWRY: Have a good night.

KELLY: I would -- hopefully, not have to lather on the SPF 80 the entire time and stay underneath the umbrella.

Up next, if a broadcast network gets hold of your medical records, is it okay to put them on TV? Brian Kilmeade is here next, on the network that is saying, hell yes. Plus, see why Wimbledon fans are complaining bitterly about tennis superstar Maria Sharapova. And here's a little hint.

(BEGIN VIDEO CLIP)

(grunting)

(END VIDEO CLIP)

(COMMERCIAL BREAK)

KELLY: Well, if a broadcast network gets a hold of your medical records, is it fine for them to put them on TV? Over the Fourth of July weekend, unsigned the New York Giants football star Jason Pierre-Paul injured himself in a fireworks accident in Florida. Then an ESPN reporter somehow obtained his private medical records and tweeted (ph) a picture of them, revealing exactly the extent of his injuries. He had a finger amputated. Now the network is standing behind that call. Brian Kilmeade is the co-host of Fox and Friends. Brian, they're saying look, (inaudible) the privacy laws don't apply to TV network. So its fair game, we can get all of your dark medical secrets, we're putting them on TV.

BRIAN KILMEADE, "FOX & FRIENDS" CO-HOST: I think it does. I mean, if they see something unrelated, I would say, wow that's a shot and not's necessary. But you have a superstar player who's not telling everybody what went wrong. We heard about skin grasps and a sprain and a fracture, and all of a sudden, outcome these records from Jackson Memorial Hospital and it reveals. They took off the index finger all the way down through the hand.

KELLY: Aww.

KILMEADE: If you get that Megyn, I imagine somehow that's coming out, especially if you're Adam Schepner (ph).

KELLY: Really?  

KILMEADE: Who is an incredible.

KELLY: No one cares about whether I lose a finger, but I don't play professional football.

KILMEADE: Right, that's a good point. I didn't really realize that until now. That during rehearsal you never brought up that counter point. And now I'm really flawed and (inaudible). But here's what I'm saying. It does matter to him. If he did something unrelated to football, I think it doesn't matter. But now the fact that he's missing a finger, he had a $65 million contract which he was pushing aside. He has a $14 million deal.

(CROSSTALK)

KELLY: Yeah, but this is a slippery slope. I mean, what's next so then? What -- are we going to put Angelina Jolie's medical records on camera? If we find out -- if we get them, and you know did she had a breast -- the double mastectomy as a preventive measure. Do we get to see those because she's a public figure? No. At some point you say, this is private. I'm not supposed to be looking at this.

KILMEADE: Right, but I think one thing is different. If you see how this problem with Angelina Jolie and for example, she can't show up at an event.

KELLY: No. It doesn't change it.

KILMEADE: And you want to find out.

KELLY: It doesn't change it.

KILMEADE: She can't find out what does it make.

KELLY: As News people we have an obligation to be --

KILMEADE: To report the news.

KELLY: Yes, but.

KILMEADE: And this is news.

KELLY: But do not cross an ethical boundary. I mean, it's the same thing we saw in the Duggars when people put those police reports on TV and identified the victims.

Al right, I got to move on. Lance Armstrong, remember him? He's been kicked out of the Tour de France, but he's basically trolling it. Tell viewers what he is doing.

KILMEADE: So he -- Geoff Thomas is now standing -- a soccer player and they know each other. And he's doing this thing to raise awareness about leukemia.

KELLY: I'm sure.

KILMEADE: So.

KELLY: I'm sure that's what it's for.

KILMEADE: Well, he was doing this, he's going to be going before every single stage. And he said Lance, why don't you come down and met me at a few stages. And with this whole thing, this whole ride is, is ride the stage before, get attention about leukemia.

KELLY: Before the real (inaudible).

KILMEADE: Before the real competitors do because the Tour de France, believe it or not in America, being this Tour de France not tour form America. They -- we don't really pay that much attention to it, since we all have bikes and don't ride them that fast.

KELLY: And then we all know they all cheat.

KILMEADE: Right and they'll cheat. They're juicing, blood doping and doping their blood.

KELLY: But them, we're supposed to believe this is for charity. I mean, here he goes again, was it all the other stuff for charity? Remember when he has pro like, let me help the cancer world. It turns out it was lie, lie, lie. And now he wants more attention. Can't somebody else do the work? I'm sick of looking at him.

KILMEADE: But he is.

KELLY: He's a cheater. Why should we believe anything he says or does?

KILMEADE: You shouldn't.

KELLY: OK, I'm done.

KILMEADE: But He said everybody was doing it.

KELLY: I'm done with him.

KILMEADE: But.

KELLY: That's the end of it.

KILMEADE: I had more to say, but I guess I'll do that and that's what the show for.

KELLY: Let's talk about Maria Sharapova because.

KILMEADE: Right.

KELLY: How irritating is.

KILMEADE: Right.

KELLY: The grunting.

KILMEADE: Right. You cannot use that -- you sure you ripped in half (ph).  (BEGIN VIDEO CLIP)

(grunting)

(END VIDEO CLIP)

KELLY: Every time she hits the ball.

KILMEADE: The decibels are at 83 to 88.9 decibels. It is absolutely disturbing. People are complaining.

KELLY: At Wimbledon.

KILMEADE: This TV presenter said, sorry, I can't even watch this match. It's the most hideous sound I've ever heard in my life. Others say that it sounds like she's in physical pain. However, it is not going away, Megyn Kelly.

KELLY: Right.

KILMEADE: Because it turns out, studies have shown that you can hit the ball five miles per hour faster when you grunt and groan.

KELLY: Oh, come on.

KILMEADE: Yes.

KELLY: Well.

KILMEADE: If you grunt before everything you do, you'll do it a little bit better. You'll find it out. I mean, we'll be surprise tomorrow's Friday show. Its Megyn Kelly grunted before every segment.

KELLY: Yeah.

KILMEADE: But this is -- that's the story.

KELLY: I heard.

KILMEADE: She's grunting just that.

KELLY: Did they -- this dates back in 1992, when Monica Seles was told to shut up by American opponent Jennifer Capriati. Martina (inaudible) said she sounded like a stuffed pig at the time.

KILMEADE: Right.

KELLY: And they didn't shut it down because screaming is allowed, but should it be. The fans there are saying this is ridiculous. She's spoiling the match coverage and they are being forced to mute their TVs during her creaming.

KILMEADE: Well, this is it. There are others screaming too. And by the way, men scream. But the world is.

KELLY: Only in the gym.

KILMEADE: Since when now, but they scream when they play and they actually do scream in the gym too. But when I actually bench press and we wear really tight clothing and I do want to emphasize how much I'm benching, but I shouldn't talk about myself. What I'm saying with this, men scream too but they don't scream as high. It's the shrieking that had people upset.

KELLY: Get it under control. And by the way, we know that you are doing that for (inaudible) nine times attend at the gym man. And we also know that when we touch your arm and it's soft and then suddenly becomes hard, you're flexing. Who do you think you're kidding?

KILMEADE: Right.

KELLY: All right, lastly -- certainly.

KILMEADE: James.

KELLY: James -- certainly not least, women's soccer, ticker-tape parade.

KILMEADE: This is going to be the 206th ticker-tape parade in Manhattan. And it is the first time -- this is about since 1880, it has been a female team. And they going to do, it's going to cost us about $2 million as it going to make a big mess but they're absolutely worth it. They're going to be down there at 11 o'clock. And what they did is with that higher ratings in game 6 of the world series and the final game of NBA, the highest rated game at 25.1, it's almost equal your ratings with a full (inaudible) in Canada on Sunday and I can't wait. We'll going to have two of those athletes on Fox and Friends at 6:00 a.m. in the morning.

KELLY: Oh.

KILMEADE: Ali Krieger and Christie Rampone.

KELLY: Oh, that's exciting. I'll be watching them, for sure.

KILMEADE: Yeah.

KELLY: They are super stars. That was incredible to watch. I'm not a huge soccer person, but they converted me.

KILMEADE: Right. I tried to convert you, but it takes them winning a world title.

KELLY: Yes.

(CROSSTALK)

KELLY: I think I let you got on all four stories today.

KELLY: And (inaudible). It's not her. I can't even get the grunting down like.

KILMEADE: Right.

KELLY: Yeah.

(LAUGHTER)

KELLY: Caitlyn Jenner is next.

KILMEADE: it's like, yeah.

(LAUGHTER)

(COMMERCIAL BREAK)

KELLY: Breaking Tonight, news on Caitlyn Jenner and her role in a car crash that killed someone. We just got new surveillance video from TMZ that shows just how brutal the crash really was and this will likely play in the lawsuit that has been filed against Jenner. Trace Gallagher, live in our west coast newsroom. Trace?

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Megyn, the metro transit bus that took the video was traveling the opposite direction as Caitlyn Jenner, but the bus is equipped with six cameras and two of them captured the fatal crash. Remember, Jenner was driving her black Escalade north on the pacific coast highway in Malibu and at the time she was towing a dune buggy. The video is a little fuzzy as you see, but you can see it appears the black Escalade hits the white Lexus at an angle pushing it into the path of the oncoming Hummer. Jenner's Escalade then hits the back of a black Prius. The driver of the white Lexus, 69-year-old Kim Howe was killed when her car struck the Lexus. No one else was seriously injured. Jenner has called the crash a tragic accident and claims to be fully cooperating. But the lawyers for the woman who died and the driver of the Prius dispute that telling us quote, "Ms. Jenner has failed to appear for her noticed deposition, so we are surprised to hear that she intends to cooperate in every way possible with this investigation. We encourage Ms. Jenner to be that role model that she seeks to be." The lawsuit also claims Jenner was driving erratically. Jenner's attorney said it's too early to comment because they haven't seen all the video and haven't spoken to all of the witnesses. The police investigation is supposed to be completed sometime this month. Authorities say it is unlikely that Caitlyn Jenner will face any criminal charges in this crash. Megyn.

KELLY: Trace, thank you. We will be right back. Don't go away.

(COMMERCIAL BREAK)

KELLY: So we're getting lots of tweets from our viewers on our last segment including this one from Stan. Who says the following is driving his German Shepherd nuts. Listen.

(BEGIN VIDEO CLIP)

(grunting)

(END OF VIDEO CLIP)

KELLY: And he is not the only one. Go to facebook.com/thekellyfile. And follow me on Twitter @megynkelly. Let me know what you think of the grunt. Is it necessary? Tomorrow night, we got a great show for you all about Baltimore, Don't miss it. I'm Megyn Kelly.

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