New fallout over Planned Parenthood abortion video, Cruz calls for defunding

'The Kelly File' reports on organization facing probe over body parts policy


This is a rush transcript from "The Kelly File," July 15, 2015. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Breaking tonight, outrage and disbelief in Washington and beyond tonight as videotape surfaces showing Planned Parenthood admitting, even celebrating its practice of harvesting the organs of aborted fetuses for money.

Welcome to "The Kelly File," everyone. I'm Megyn Kelly. And before we go any further we need to warn you that the news in our lead segment tonight is very disturbing. It also happens to be very important and we believe you need to see it. It involves Planned Parenthood, the health care network that last year served more than four million patients and took in over half a billion tax dollars in the process. Yesterday a group called the Center for Medical Progress, a pro-life group released a hidden camera recording of a woman identified as Dr. Deborah Nucatola, she is the senior director of medical services seen for all of Planned Parenthood, she is seen having lunch with actors who are posing as buyers for a fetal tissue procurement center and they are asking her about obtaining aborted fetus body parts.

Here is just a portion of that video that as of tonight has led to U.S. House of Representatives and at least two states to launch investigations. And we warn you it is terribly graphic.


UNIDENTIFIED BUYER: How much of a difference can it actually make?  If you know kind of what's expected or what we need versus --

UNIDENTIFIED FEMALE: It makes a huge difference. I would say lots of people want liver.


UNIDENTIFIED FEMALE: And for that reason, most providers will do this case under ultrasound guidance, so they'll know where they're putting their forceps. The kind of rate limiting scope of the procedure is calvarium.  Calvarium -- the head -- is basically the biggest part. Most of the other stuff can come out intact.  UNIDENTIFIED BUYER: Right.


UNIDENTIFIED BUYER: To bring the cavity body out intact and all that?

UNIDENTIFIED FEMALE: Exactly. So then you're just kind of cognizant of where you put your graspers, you try to intentionally go above and below the thorax, so that, you know, we've been very good at getting heart, lung, liver, because we know that. So I'm not going to crush that part. I'm going to basically crush below, I'm going to crush above, and I'm going to see if I can get it intact. And with the calvarium in general, some people will actually try to change the presentation of the fetus so it's not vertex. Because when it's vertex presentation, you never have enough dilation at the beginning of the case. Unless you have a real, huge amount of dilation to deliver an intact calvarium. (INAUDIBLE)

UNIDENTIFIED BUYER: Yes, liver is huge right now.


UNIDENTIFIED BUYER: Yes, a dime a dozen.


KELLY: Senator Ted Cruz is here in moments with a dramatic proposal on this.

But first, Trace Gallagher takes us through how Planned Parenthood and its supporters are now defending this video. Trace.

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Megyn, the two hour, 42 minute video plus the full transcript was released by the Center for Medical Progress or CMP, a pro-life group based here in Southern California. The video shows the lunch meeting between the actors posing as the buyers of the fetal tissue and that woman, Planned Parenthood senior director of Medical Services. Now, CMP claims the video documents how Planned Parenthood is selling fetal organs for profit which is a felony.  Listen to part of the conversation where the Medical Services director talks the about various pricing. Listen.


UNIDENTIFIED BUYER: What price range would you --

UNIDENTIFIED FEMALE: You know, I would throw a number out. I would say it's probably anywhere from $30 to $100 depending on the facility and what's involved.


GALLAGHER: The director went on to say that Planned Parenthood affiliates are nonprofits but if they can do better than break even they are, quote, "happy to do that." And that affiliates don't want to be perceived as making money off this. But Planned Parenthood claims it is only reimbursed for expenses. CMP also claims that Planned Parenthood is using ultrasound to manipulate the fetus so that it comes out feet first and preserves more organs. Listen again.


UNIDENTIFIED BUYER: To bring the cavity body out intact and all that?

UNIDENTIFIED FEMALE: Exactly. So then you're just kind of cognizant of where you put your graspers, you try to intentionally go above and below the thorax, so that, you know, we've been very good at getting heart, lung, liver, because we know that. So I'm not going to crush that part. I'm going to crush below and I'm going to crush above.


GALLAGHER: Planned Parenthood issued a statement saying, quote, "These outrageous claims are flat-out untrue. But that doesn't matter to politicians with a long standing political agenda to ban abortion and defund Planned Parenthood."

House Speaker John Boehner has already called for Congressional hearings on Planned Parenthood's abortion practices and most GOP presidential contenders have also called for pulling federal funding including Ben Carson.


DR. BEN CARSON, R-2016 PRESIDENTIAL CANDIDATE: When I first saw it I thought it was a hoax but then I came to realize that that was actually real, that we have sunk to that level of barbarism and that it doesn't even bother some people. They have become numb to that degree of indifference and lack of caring about human life.


GALLAGHER: And while both sides accuse each other of lying it's the video getting more and more attention -- Megyn.

KELLY: Trace, thank you.

A number of media outlets defended Planned Parenthood attacking this video as a sting operation intended to make the group look bad. Well, on the other side, conservatives were outraged by what they saw. Writer Michelle Malkin posting an Op-ed that reads in part, "What kind of country do we live in where law-abiding business are fined, threatened and demonize for refusing to bake gay wedding cakes but barbaric baby butchers are hailed by feminist, Hollywood and a president who asks God to bless them.  God help us."

Joining me now Dana Loesch, author of "Hands Off My Gun" and the host of Dana on the Blaze TV. And Robert Zimmerman, a democratic strategist and DNC Committee member from New York. Let's talk about the barbarism of it.  The legality is up for debate. I realize that. I have my own opinions as a lawyer. But the barbarism of her callous tone as Dana she discusses the crushing of fetus organs.

DANA LOESCH, AUTHOR, "HANDS OFF MY GUN": Yes. And Megyn, thanks for having me on this issue to Dr. Nucatola there. I just -- the casual way that she spoke about this, she is having a glass of red wine. She's eating a salad and she's talking about lungs and hearts and livers and appendages, arms and legs, just, you know, like it's just a regular day and they are talking about parts for a car. This is how far we have sunk. Where is the humanity in this and where is the consistency in this, as well? There is all of this outrage from Planned Parenthood. But why would there be outrage? Why are they trying to spin it? If a life is a life then they have something to hide. But I don't know. It infuriates me to the point where it makes me nauseous, Megyn. I was nauseous watching this video.


KELLY: Go ahead.

ZIMMERMAN: -- is the fraud behind this video. Let's call it what it is. This is right wing pornography. The same individuals who produced this video have been called out by the press repeatedly, mainstream and even conservative press, for the same individuals producing this film that you featured tonight have been nailed for producing films that have been misleading? Have been misleading, have been editing --  

KELLY: They didn't make Dr. Nucatola talk about --

ZIMMERMAN: Excuse me.

KELLY: No, Robert. They didn't make Dr. Nucatola talk about crushing fetal organs and trying to get a breach delivery so that she preserves the head for someone to dissect.

ZIMMERMAN: But Megyn, they edited the film to represent misleading and often false statements.

KELLY: She is not even claiming that. Planned Parenthood's defense is that this isn't illegal. It's not that Dr. Nucatola didn't say what she said.

ZIMMERMAN: No, Megyn, that's not correct.

KELLY: Yes, it is correct.

ZIMMERMAN: Their defense is simply that Dr. Nucatola never made this statement.

KELLY: You are wrong.

ZIMMERMAN: That's one of their defenses in fairness to your point.

KELLY: The full three hours is on the money.


ZIMMERMAN: Excuse me.

KELLY: Go ahead, Dana.

LOESCH: No, Robert, you are so incorrect. Robert, I found the full raw video. It is over two hours of raw video.

ZIMMERMAN: Then, you know --

LOESCH: And the entire transcript accompanies that -- no, no, no, then I do know --


LOESCH: You are right Robert, I do know. Well, you do not. Are you saying that Dr. Nucatola lied? Did Dr. Nucatola lied? Who lied here, Robert?

ZIMMERMAN: The people who produced this film

LOESCH: Planned Parenthood or Dr. Deborah Nucatola?

ZIMMERMAN: Excuse me.

LOESCH: Those are your only chose. Pick one.


KELLY: Okay. Go ahead, Robert.

ZIMMERMAN: Very simply what Dr. Nucatola said, if you saw the unedited transcript were comments like nobody should be selling tissue.  That is not the goal here.

KELLY: Okay. But let me tell you. Let me just stop you because I'm not taking it to that debate.

ZIMMERMAN: Let me finish my point.

KELLY: No, because you are off point.


KELLY: As a lawyer I will tell you I think this is very legally problematic but I'm intentionally not making it about that and I'm not even making it about a pro-life/pro-choice thing. I'm talking about the absence of any humanity on her part as she performs these abortions for the solemnity of the moment, and the respect for the potential of human life.  Regardless on your position of abortion.

ZIMMERMAN: Megyn, do you have any concern about how misleading and false this film is? How it creates false impressions and there's nothing more than a scam.

KELLY: Where is your humanity on this Robert? Where is your humanity on this? She is guzzling down wine and stuffing her face full of salad while she talks about the end of a potential life. This is -- I'm not saying that this is a testament against abortion. I am saying there ought to be some humanity and respect for the dignity of a potential, potential life.

LOESCH: Right.

ZIMMERMAN: Megyn, and some respect for the truth. And some dignity in terms of presenting the truth.

LOESCH: So what she said was -- Robert, Robert, what did she say that was false?

ZIMMERMAN: Well, what the people who produced the film said was false.



KELLY: Dana, Dana, I want to ask you because there is another part of the video where she talks about just today, I did a 17 weeker. And what I got from the 17 weeker. I just saw the audience. This is what a 17 weeker looks like. This is not a pro-choice argument or a pro-life argument right now. But this is a 17 weeker. And the gruesomeness of her attitude is what has resonated with people in watching this, even pro-choice people, Dana.

LOESCH: Right. And Planned Parenthood Megyn, wonders why they falter with public support with things like this.

ZIMMERMAN: Quite to the contrary, Dana.

LOESCH: I'm speaking, Robert. I'm speaking.

KELLY: Let her make her point.

LOESCH: I'm speaking, Robert. I mean, this is why Planned Parenthood falters with support because this, there is no humanity here. These are children enough to be considered viable enough from which to harvest and sell organs and that there is no humanity, that there is no consideration, no sensitivity for this moment that it can be so casually discussed over wine and a salad.

ZIMMERMAN: So, let me get this straight, Dana.

LOESCH: Robert, I'm still speaking. That's what that sound is.

KELLY: I'm going to give you the last word, Robert. I'm going to give you the last word, Robert.


ZIMMERMAN: You are not making a point. I mean, is there any concern at all --

LOESCH: No, I am. But you keep interrupting so I'm going to do the same thing to you, Robert. How do you like it?

KELLY: All right.

ZIMMERMAN: This documentary was condensed, it was edited, it was misleading and Forbes magazine and other national media called them out for that.

KELLY: Okay. We are going to leave it at that. Listen, I believe you both came here with sincere views.

ZIMMERMAN: Absolutely.

KELLY: And I am respectful for you to being here.

LOESCH: Thank you.

KELLY: It is obviously a loaded issue and it is a tough issue. And normally we don't go to the darkest place on this show but that video needed to be discussed.

ZIMMERMAN: As do the facts around that video and misleading representation.

LOESCH: Thank you, Megyn.

KELLY: Robert, all right --

LOESCH: We appreciate it.

ZIMMERMAN: Thank you.

LOESCH: We appreciate you showing the true. Thank you.

KELLY: All right. Thank you both.

Again, Senator Ted Cruz vowed to take action after seeing this video.  He will join us in minutes to explain. And we are taking your thoughts on it. Just -- what are your thoughts on it? It's or on Twitter with Megyn Kelly.

Also later, Baltimore prosecutor Marilyn Mosby is on defense today after some uncomfortable stories have surfaced about her family and their roles as police officers, something she has touted in the past as evidence of her lack of bias in the Baltimore Six case.

And then the President gets angry and its allies go on the attack after they decide they did not like the tone of a reporter question about Americans held hostage by the Iranian regime. Howie Kurtz on the media and General Michael Flynn on the threat from Iran, coming up.


MAJOR GARRETT, CBS NEWS REPORTER: Can you tell the country sir, why you are content with all the fanfare around this deal to leave the conscious of this nation, the strength of this nation unaccounted for in relation to these four Americans?



KELLY: Breaking tonight. New reaction to a tense moment after the President lashes out during a White House news conference on the deal with Iran. Now some in the media are accusing CBS News reporter Major Garrett formerly a Fox of asking a disrespectful question. Major was pressing the President about why the four Americans held hostage in Iran were not part of this negotiation. Watch.


GARRETT: Can you tell the country sir, why you are content with all the fanfare around this deal to leave the conscious of this nation, the strength of this nation unaccounted for in relation to these four Americans?

PRESIDENT BARACK OBAMA: I have to give you credit Major for how you craft those questions. The notion that I am content as I celebrate with American citizens languishing in Iranian jails. Major, that's nonsense. And you should know better.


KELLY: Hmm. Joining us now Howie Kurtz, host of "Media Buzz" right here on FNC. Also, Lieutenant General Michael Flynt, former director of national intelligence and 2016 presidential candidate Ted Cruz is also here.

We begin tonight with Howie. Howie, was it inappropriate as some -- even some of our competitors are alleging?

HOWIE KURTZ, HOST, "MEDIABUZZ": Major Garret asked a vitally important question about these four hostages in Iran. And that is what they are, hostages. Now, and by lashing out at him President Obama called attention to his own admission that they weren't even part of the nuclear negotiation. Now, I happen to think major used a loaded word there. Content. Why are you content? But presidents needs to be able to deal with provocative questions. And by the way, Major is a big boy, he says he was trying to be provocative. He's not ruffled here. But by doing this, President has made this the story of the press conference. I have seen the exchange you played over and over.

KELLY: Uh-mm. Brit Hume was on "Special Report" tonight with Bret saying, he felt that the President looked thin-skinned and that he doesn't like when the President behaves this way because he said it diminishes his dignity. Fair point?

KURTZ: It's a fair point. Now look, presidents are entitled to punch back when tough questions are asked. And this was a very long press conference, Megyn. Where the President was sort of in low profession mode, giving an elaborate explanation of the Iran deal and the defense of it.  But by getting so personal with one reporter who clearly got under his skin you saw the President pause there before he decided, you know, what choice of words he was going to use, I think he undermined his own case. And all of the other words in the press conference didn't really form a headline.  In fact, it happened an hour later, what the television and web were buzzing about was the President commenting on what he said he wasn't going to comment on and that was, he's not going to revoke Bill Cosby's presidential Medal of Freedom.  

KELLY: We're going to get to that later.

KURTZ: Instead of, the lead from the White House point of view should have been his defense of the Iran deal.

KELLY: Howie, thank you.

KURTZ: Thank you.

KELLY: Also with me Lieutenant General Michael Flynn who is the former director of National Intelligence. General, good to see you tonight. The hostage issue. They are still sitting there, they were not made part of the deal. The White House says, we were talking about nukes, we weren't talking about hostages.

LT. GENERAL MICHAEL FLYNN, FORMER NATIONAL INTELLIGENCE DIRECTOR:  Yes. First thing I would say is the hostages should have been part of this deal. You know, we let Qasem Soleimani, one of the leading individual sponsors of terrorism and has been responsible for killing more Americans, he is on that list on the list that came out on the nuclear deal. He is now no longer listed as a state sponsor or as a terrorist. And I will tell you the fact that he was able to get on the list from Iran's request, we should have put our four individuals and gotten them back home. That deal should not be signed until those four individuals are on the tarmac somewhere, either in New York or Washington, D.C.

KELLY: They say, look, it wasn't part of it and yet nonetheless they allowed Iran to introduce something that wasn't directly part of it, as well, which is we agree to lift our ban on conventional weapons and ballistic missiles over there in Iran.

FLYNN: Yes. I don't know if you read the deal. I read it this morning. I'm going to tell you. There are so many things that Iran has been gifted right now with this unbelievable deal. I mean, it's far more than just nuclear issues. I mean, it goes into everything that Iran is going to be capable of doing. And I'm going to tell you. When they receive this $150 million check essentially I am really concerned about what kind of behavior they are going to continue to display. And the names and the types of businesses that are on that deal that Iran is getting away with, I mean, these are businesses that have been sponsoring transnational crime around the world, terrorism, large narcotic sales. I mean, it is unbelievable some of the things that they are getting rid of. Those hostages should have been a part of this deal from the very beginning.

KELLY: Is it too much for folks who are saying this is going to trigger nuclear arms race in the Middle East?

FLYNN: It already is triggering a nuclear race in the Middle East. I mean, you just have to look at what the Russians are doing with nuclear signing agreements with the Saudis, the Egyptians, the Jordanians. I mean, this has been going on for months. So, the United States has an opportunity to get in front of this thing and actually get in the driver's seat if we just use our imagination here a little bit and were able to open up our lenses and take a broader look at this problem. I mean, I'm going to tell you the statements about this is not going to lead to a nuclear arms race. This is leading to a nuclear something race. And I hope it is nuclear energy and not nuclear weapons. But I am going to tell you, that race began, it began months ago, many months ago and we know that.

KELLY: General, thank you.

FLYNN: Thanks, Megyn.

KELLY: Senator Ted Cruz joins us with more right after this break.


KELLY: You saw a moment ago the tension at the White House when a reporter questioned President Obama about why four Americans held hostage in Iran were not part of this nuke deal.

For more reaction, we are joined by republican Senator and presidential candidate Ted Cruz. Good to see you, Senator.

SEN. TED CRUZ, R-TEXAS, 2016 PRESIDENTIAL CANDIDATE: Megyn, good to be with you.

KELLY: Was it a fair question? Was it a fair issue?

CRUZ: Oh, it was absolutely a fair question. And I will tell you what was nonsense is the President's answer. There are four American hostages in Iran held for professing their Christian faith. Held for one journalist exercising his First Amendments right. And in the entire course of President Obama and John Kerry, and the administration popping champagne and celebrating this deal with Iran they did nothing to free those imprison Americans. It is one of the many shameful aspects of this catastrophic Iran deal.

KELLY: You know, the President says this is the best possible deal we could have gotten.

CRUZ: Well, you know, it is interesting Prime Minister Netanyahu put out a statement today that said, this was a catastrophic mistake and he said, the one person who is telling the truth is the President of Iran Rouhani who said we got everything we wanted. This deal ensures that Iran either number one, will acquire nuclear weapons or number two will necessitate military action from the United States or Israel. In addition to that, if this deal goes through and I hope that Congress steps up and stops it, billions of dollars will flow from the United States of America to Iran, the leading state sponsor of terrorism in the world. That money will be spent by Jihadist terrorists to murder Americans, to murder Israelis, to murder Europeans. If this deal goes through the Obama administration will become the leading financier of terrorism against America in the world. This is -- I have heard this referred to before as the Jihadist stimulus bill.

KELLY: Let me switch gears here on the subject of money. We began the show by talking about Planned Parenthood and that disturbing video.  You have been pushing now to defund this group.

CRUZ: Yes. Yes.

KELLY: They say taxpayer money doesn't go to abortion and abortion remains legal and that group helps prevent unwanted pregnancies.

CRUZ: Look, these tapings of Planned Parenthood selling body parts are grotesque. It highlights the evil of what they are doing.

KELLY: They are saying, it isn't a sale.

CRUZ: You know, two things need to happen. Number one, there needs to be a criminal investigation. There are at least three federal laws that are potentially violated. One, selling the body parts of unborn children for profits. Number two, for any transfer of tissue there has to be written consent from the mother. And number three, under federal law, you cannot change the method of abortion if you are trying to get tissue. In that tape you see they are discussing different methods to capture.

KELLY: Uh-mm.

CRUZ: And so, I'm calling on the U.S. Department of Justice to investigate if a federal law is violated and I'm calling on state officials in any location where Planned Parenthood exists for state district attorneys, state attorneys general to investigate criminal conduct.

KELLY: Uh-mm. We are already seeing a push for that by Louisiana Governor Bobby Jindal in his state.

CRUZ: And I will say in addition that I serve on the Senate Judiciary Committee and I believe the Judiciary Committee will hold oversight hearings to get to the bottom of what they did. And I'll tell you right now, I chair the oversight federal rights and federal court's subcommittee.  And if the full committee doesn't hold hearings I intend to hold hearings to get to the bottom of what appear to be barbaric practices being carried out by Planned Parenthood.

KELLY: Yes. The tape cannot be more disturbing. Senator, let me shift gears with you now because you came to this studio after a meeting with Donald Trump which made, everybody are speculating. Why are the two of you met? Even he said earlier this morning, I don't know why are we meeting? Why were you meeting? What happened?

CRUZ: Well, Donald and I are friends. We have gotten together a number of times before he was candidate for president. We got together and visited today. You know, I like Donald because he is brash, he is bold and he speaks the truth. He stands up to Washington. It's what I have tried to do in my time of public office. And people are fed up with politicians, they're fed up with what I called the Washington cartel. Career politicians, Republicans and Democrats who get in bed with the lobbyist and special interests and I in particular salute Donald Trump for focusing on the problem of illegal immigration.

KELLY: Has he been too bombastic? Has he been too incendiary? This is what a lot of other Republicans have said that his messaging is not very good for the GOP brand.

CRUZ: Well, look, he speaks in colorful terms, he doesn't speak the way you or I speak. But an awful lot of republican 2016 candidates went out of their way to beat him with a stick. And I'm not going to join them.

KELLY: Uh-mm.

CRUZ: I'm not going to join them because I salute him for shining a light on the problem on illegal immigration, on the safety issues, on sanctuary cites.

KELLY: Now, some say you should be mad at him because he's stealing your numbers in the polls, that his numbers have gone up in direct proportion to the hit you have taken at some of the polls.

CRUZ: You know, what? People are fed up with career politicians in Washington and they are coming to me, they are coming to Donald Trump. You want to know how we are doing? We just announced our fundraising numbers.  Out of 16 candidates in the republican primary, do you know who raised the most of all 16? We did. We raised $14.3 million hard money for the campaign. Second place is Jeb Bush at 11.3.

KELLY: You only have 10 billion to go to catch up with Donald Trump and his wealth. There is some very good news for you tonight, which is after all this controversy, you are now on the New York Times Best Seller List. Your book will be number seven. And my question is you think the public pressure led them to reach a different conclusion? Because they are saying they applied the same criteria this week as they did last?

CRUZ: Of course, it did. If you look at last week they had 20 books on their list. My book, A Time for Truth outsold 18 of them. They don't want people to read the book A Time for Truth, they left it off, and then an amazing thing happened, number one, they accuse me of bulk sales. I said that is a lie, either produce your evidence or apologize. Then my publisher Harper-Collins came out and said that is a lie. We have all the sales data. There are no bulk purchases.

KELLY: Amazon.

CRUZ: But then Amazon and Barns and Noble both came out and said that's a lie. So I'm glad the New York Times listed it. I appreciate their listing it. But it seems to me there are a lot of conservative authors the New York Times discriminates against. There is a need for the public editor of the New York Times to investigate their methodology. They leveled a false charge at me that has been refuted publicly. And if the New York Times -- if they want to be credible journalists, the public editor needs to investigate their methodology and see if they are discriminating against authors that they may have different political views from.

KELLY: Sure would be good to get a look at it, Senator, great to see you.

CRUZ: Thank you, Megyn.

KELLY: Thanks for being here.

Well, today's White House news conference lasted more than an hour with questions on everything from race relations, to the Bill Cosby rape allegations. But not one word about sanctuary cities and a murder that was a top story all last week. Ed Henry and Ann Coulter are both next on that.

Plus, Baltimore Prosecutor Marilyn Mosby is now playing defense when it comes to her family and their history in law enforcement. Wait until you hear what we have learned.


UNIDENTIFIED FEMALE: I come from five generations of law enforcement.  My father was an officer. My mother was an officer.



UNIDENTIFIED MALE: From the world headquarters of Fox News, it's the Kelly File with Megyn Kelly.

KELLY: Developing tonight, as we mentioned earlier, President Obama held a news conference this afternoon. It ran a little more than an hour, with Mr. Obama taking roughly 15 questions on a half a dozen topics, including Iran, Syria, his trip to Kenya, race relations in America, and what he thinks of the allegations that Bill Cosby drugged women for sex.  Not a single question on sanctuary cities or Kate Steinle's murder, a story that has dominated the media for two weeks now. And while the Kelly File has learned that the White House still has not reached out to Kate's grieving family, the President did find time to personally meet with several convicted felons.


UNIDENTIFIED MALE: Yeah I met these four ex-offenders, as I said yesterday. And what was remarkable was how they had turned their lives around. These were some folks who had been pretty tough criminals.


KELLY: Ann Coulter is with us in moments. But first we are joined by Chief White House Correspondent, Ed Henry, who has been covering the White House for the last six years. Ed, no questions at all on sanctuary cities, and no comment by the President.

ED HENRY: Yeah I mean look, it is a hard mix. I've been in these news conferences before, you want to pick out subjects that are top of the news.

KELLY: Bill Cosby.

HENRY: Bill Cosby, not exactly front and center.

KELLY: The trip to Kenya?

HENRY: The trip to Kenya is a big legacy item for the President coming up. And people are entitled to ask different topics. But you're right, I will admit to you, of course, the sanctuary cities issue is huge.  And Kate Steinle being killed, this was a horrific tragedy. And yesterday you had Jeh Johnson, the Homeland Security Secretary fumble this a bit at a hearing. In fairness to him, earlier in the House hearing, that bite hasn't played a lot.


KELLY: He was asked -- his response was who?

HENRY: Now his staff tells me that he didn't hear in that room. He couldn't make out the name. But the Republican congressman to ask him then followed up with the details of the case. Even if he didn't hear the name, they pointed out the details. Regardless of what he heard or didn't hear, the facts are that on July 6, Jeh Johnson did call this a tragedy, he didn't call the family. July 7th, a family member as you know of Kate Steinle called ICE on his own to say...


KELLY: Now Jeh Johnson is saying hey, we talked to him. He called you.

HENRY: The family reached out there.

KELLY: What does the White House say about not contacting the family?

HENRY: I pressed a senior official today, and I said look, why haven't you talked to the family. And they said look, if we talk to every crime victim's family out there, we wouldn't have time for anything else.  And I said what about the Michael Brown case, what about Ferguson. The White House has injected itself into various issues where they feel they all of a sudden want to reach out. In this case, maybe because it doesn't fit the narrative on illegal immigration, but they want to talk about...


KELLY: If they talk to every crime victim family -- meanwhile you're talking to criminals, actual criminals, cons, convicted criminals.

HENRY: Because the President is pushing agenda item about how he wants to pardon and -- sentences of people who have...


KELLY: They set themselves up for this by picking and choosing among the victims out there. Anyway, thank you.

HENRY: Good to see you.

KELLY: Well, joining me now with more, Ann Coulter, who is author of Adios, America, the lefts plan to turn our country into a third world hellhole. On cable news we pronounce Ann's -- say Ann's book title, Ann, good to see you. Now they come out tonight and say that they really couldn't do it. They didn't have time, and the President he doesn't reach out to everybody. And we are looking back over the list of the people that the President has contacted. It includes this woman who he felt was wrongly attacked. Can we play it? Do we have her?

Stand by.


UNIDENTIFIED FEMALE: You were in our green room getting ready to come on and the White House tells us we can reveal -- that you just got off the phone with President Obama.

UNIDENTIFIED FEMALE: Yes he did express his concern for me and wanted to make sure that I was ok, which I am. I am ok.


KELLY: Ann, really?

ANN COULTER, ATTORNEY: Even on their plausible explanation, which is that he can't call every crime victim, this isn't just a random crime victim, this is Kate Steinle died, specifically as a result of Obama's policies. I might add, also, as a result of George Bush's policies, although some people on Fox News are pushing a law to make it a felony to reenter after being deported for committing a crime. That already ends the law. If only you had someone with a best selling book on the topic who could tell you that. It's a 20 year felony. If you reenter after being deported for having committed an aggravated felony, I think it is also worth mentioning here, because you hear not only Obama and the Democrats, but people like Rand Paul saying well, of course we have to clear the prisons of these poor nonviolent drug criminals. And it's nonviolent -- there are no threats to anyone. Well, notice that every one of these illegal immigrant's crimes was a nonviolent drug felony. As I pointed out a couple of weeks ago, it is nonviolent drug felons have a higher rate of violent crime than burglars, drug traffickers, all sorts of things that are considered nonviolent. And instead of calling Kate Steinle's family, what is Obama doing, he is releasing more nonviolent drug criminals.

KELLY: That's right. He just commuted the sentence of 46 criminals.  And this is the push we are seeing -- as you point out not only from President Obama, but from people like Rand Paul saying these are not crimes we really need to prioritize. These are not dangerous criminals. These are sort of drug seekers who don't necessarily belong in prison.

COULTER: To the contrary -- I mean there have been plenty of studies including by liberal outfits like the Carnegie Institute, and part of this is because it is often the nonviolent drug crime is often just the crime of record. It's not the full story. Also like another American who was killed last January, Grant Ronbeck I think his name is, in Arizona. He was a clerk at a Quick Trip and an illegal alien who had been convicted and came in and didn't hand over cigarettes quickly enough, so the illegal alien shot him dead. The Department of Homeland security had released him because they said he was guilty of nonviolent felony. No, in fact he was guilty of kidnapping, burglary, rape, but the crime he pled to was burglary. And most importantly, I don't think we need more burglars. I think we have enough.

KELLY: Ann, thank you.

COULTER: Don't need to bring them in.

KELLY: Good to see you.

Still ahead, as new video surfaces from the prison escape of Mexico's most dangerous drug king pin, we are getting reports that Donald Trump is now upping his security. Plus, a dramatic new twist in the bizarre kidnapping case being compared to the hit movie and book, Gone Girl.


She may be the song the summer sings, may be the chill the autumn brings.



KELLY: New details on a bizarre case being compared to the hit book and movie, Gone Girl, in which a woman fakes her own kidnapping. In this real life case, Aaron Quinn told police that in the middle of the night he was drugged, tied up, and his girlfriend, Denise Huskins was kidnapped from their home in Northern California. Denise turned up two days later 400 miles away in Southern California. Police immediately said it was a hoax.  Now months later, the FBI says it was not a hoax, it was an actual kidnapping. The FBI arrested accused kidnapper Matthew Muller. His lawyer says he is bipolar and ex-military, and they've also linked him to another different but strangely similar attempted home invasion. But still tonight, the local police say the FBI is wrong. They are not convinced.  More on the bizarre case criminal, Mark Eiglarsh, Criminal Defense Attorney and Former Prosecutor, Mark all right, so first the FBI -- first the local police said we don't buy it. Now the FBI has said well you should buy it because she was kidnapped, and still the local cops saying well, we don't.

MARK EIGLARSH, CIMINAL DEFENSE ATTORNEY: They need to somehow apologize to these people right away. In their defense, the facts were unbelievably bizarre, they're claiming in the first burglary that happened on March 23rd, they are forced to wear swim goggles, head phones with pre- recorded instructions. She comes back unharmed. He doesn't report this for 12 hours, claiming he was drugged, but they checked his blood pressure before. I get how bizarre this was. But then fast forward to June 5th, the facts are so eerily similar. You get into the detail. That has to be the same guy.

KELLY: So walk us through what happened in the second incident?

EIGLARSH: In the second incident a guy goes into the home and does the exact type of activity that he did in the first home, standing in the foot of the bed, holding a flashlight on the victim. And he leaves his cell phone this time, so it leads law enforcement to his home. A Harvard- educated attorney with major psychiatric issues, and they search his stolen vehicle in front of his house and they find a number of items, including those swimming goggles, and potentially victim's hair from the first burglary. It seems like it is very clear.

KELLY: And so why do we know why the local police are saying we still think the first story was made up?

EIGLARSH: Yes. Because I have said before and I will say it again, your ego is not your amigo. They don't want to say they are wrong, Megyn.  Think about it.

KELLY: But the FBI -- you don't want to be on the opposite side of the FBI either.

EIGLARSH: Right. They don't want to say they are wrong, and it's going to take a little bit more investigation for the FBI -- let's say to do DNA tests on the hair from the swim goggles that will show that it's from the gal who was allegedly kidnapped in the first place.

KELLY: There was a long blond hair reportedly found on the swim goggles, and as you can see, the first person has long blonde hair. They thought it was a Gone Girl situation where she faked her own kidnapping -- and I guess were attention seekers. All right I want to move on, because there is news tonight about Marilyn Mosby, the Prosecutor in the Baltimore Six case. And the only reason I found this relevant and worthy of asking you a question, Mark, is because Ms. Mosby has pointed to her own lineage as evidence that she does not have it in for cops, that she comes from a long line of police officers, and she uses this to try to say therefore I wouldn't be biased against the cops. This is Griff Jenkins asking her about whether she has it in for the police on June 11th. Watch.


UNIDENTIFIED MALE: The ring of full cops has said you don't have their back. What would you like to say to them?

UNIDENTIFIED FEMALE: I'm not going to comment on that. I come from five generations of police officers. That's absurd. Of course I have -- I work with the police department. We rely on the police department to get these violent repeat offenders off of our streets. That's absurd.


KELLY: And yet now tonight we've learned -- our Fox News has reported and the Daily Caller also reported that her fire was fired from the Boston P.D., after accusations that he and his partner robbed drug dealers at gun point, her uncle was fired from Boston P.D. after testing positive for cocaine, her mother resigned from the force after violating the Boston P.D. substance abuse policies, and is this relevant?

EIGLARSH: I think it's a big nothing-burger. I think it's relevant to report, but I analyzed all day. So what does this mean? Does that mean she is not sympathetic to law enforcement? Somehow she is going to be more aggressive? And you know what, I am not a psychologist. And I actually thought it might cut the other way. So I don't think it means anything. I pointed my finger at her a lot. I'm not going to do it on this, Megyn.

KELLY: I'm with you on that. Thank you for being here. Don't go away.


KELLY: Tonight, we are learning that Donald Trump is beefing up his security, as new video emerges showing Mexico's notorious drug lord, known as El Chapo ducking behind his jail cell shower and busting out of prison.  Now the Donald is reportedly on edge after someone claiming to be El Chapo threatened the 2016 Republican Contender on social media. Trace Gallagher live in our West Coast news room with the story, Trace?

GALLAGHER: Megyn, Donald Trump is beefing up his security but not backing off his statements. In fact, he's upping the ante, claiming Mexican authorities helped El Chapo escape. Trump's uptick in security came in response to a threat that apparently came for El Chapo's Twitter account saying "Keep blanking around and I'm going to make you swallow your words, you blanking whitey milk-blanker." It's not confirmed whether El Chapo actually sent the tweet, and the account has now been taken down.  But Trump is taking them seriously. Listen.


UNIDENTIFIED MALE: I ramped it up big league. All of the authorities are watching and looking and who knows. Look, you know what's more important to me, it's more important to me to make our country great. To expose the things that is going on that I've done. And, you know, this is why stuff like this is happening.


GALLAGHER: And now surveillance video of El Chapo's great escape where he puts on his shoes and simply walks over to his shower, and then you see him bend down. But when he bends down, he never resurfaces again.  Turns out he crawled through a two foot hole, into a shower, into a mile long tunnel lighted tunnel that ended inside a half built house. Not only did El Chapo evade the surveillance cameras, he left behind the bracelet that monitors his every move. By the way, El Chapo is believed to be responsible for moving 80 percent of the elicit drugs Americans consume.  And that's why drug enforcement agents from the U.S. are involved in trying to find him, Megyn.

KELLY: Wow, unbelievable. Trace, thank you. And our thanks to Fox and Friends for that Donald Trump clip. We'll be right back.


KELLY: Tomorrow night, we've got Governor Scott Walker, Charles Krauthammer, Marc Thiessen, and Kevin Jackson. So many comments so far on the Planned Parenthood segment we aired. I'll be checking social media right after the show so let me know your thoughts., on Twitter @megynkelly, thanks for watching.  Hey, Bill Burke is going to be here tomorrow too, I'm Megyn Kelly.  

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