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Kelly File

Second Planned Parenthood fetal harvesting video emerges; White House lowers flags to honor murdered Marines

This is a rush transcript from "The Kelly File," July 21, 2015. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Breaking tonight, shocking revelations in a brand new under cover video leaving one of America's biggest healthcare providers doing serious damage control as calls grow louder to cut the hundreds of millions in taxpayer funding to this group.

Welcome to "The Kelly File" everyone, I'm Megyn Kelly. For the second time in a week, Planned Parenthood is at the center of a graphic and disturbing controversy as top doctors from the network that serves more than four million patients are caught on camera having graphic and disturbing conversations about harvesting fetal organs for cash. Last week we showed you Dr. Deborah Nucatola casually sipping wine and eating salad as she discussed how she crushes second trimester fetuses just so in order to preserve certain sought after organs for buyers who want to use them for research.

Today, America was treated to a new and different business lunch.  This woman, Dr. Mary Gatter, a Planned Parenthood medical director in California again casually discussed the termination of healthy fetuses for, quote, "Compensation even joking that the price had to be right so she could get a fancy sports car." We are going to show you a clip from the latest video. As you watch it remember it is illegal to alter the method of an abortion for the purpose of obtaining fetal tissue. And we warn you what you are about to see is extremely graphic.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Okay. So, I would like -- what would you expect for intact tissue? What sort of compensation? What sort of --

UNIDENTIFIED FEMALE: Well, why don't you start by telling me what are you used to (INAUDIBLE)  

UNIDENTIFIED FEMALE: Okay.

UNIDENTIFIED FEMALE: I don't think so. I would like to know what would make you happy? What would work for you?

UNIDENTIFIED FEMALE: (INAUDIBLE)

UNIDENTIFIED FEMALE: I mean, are you looking at eight to nine --

UNIDENTIFIED MALE: You know -- you know, end of the first trimester, if those are pretty intact specimens then that's something we can work with.

UNIDENTIFIED FEMALE: So, that's an interesting concept. Let me explain to you a little bit of a problem. If our usual technique is suction and we switch to using something with less suction at 10 to 12 feet --

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED FEMALE: And we switch to using - or something with less suction (INAUDIBLE) then we're kind of violating the protocol that says to the patient we're not doing anything different in our care. (INAUDIBLE) You've heard that before.  

UNIDENTIFIED FEMALE: How do you feel about that?

UNIDENTIFIED FEMALE: (INAUDIBLE) It's been years since I talked about -- so let me just figure out what they are getting at -- (INAUDIBLE).

(LAUGHTER)

(END VIDEO CLIP)

KELLY: She's not laughing now. Planned Parenthood release a statement this afternoon saying, quote, "These videos are part of a decades long campaign of deceiving the public, making false charges and terrorizing women and their doctors. All in order to ban abortion and cut women off from care at Planned Parenthood.

Fox News senior political analyst Brit Hume joins us now. Brit, good to see you tonight.

BRIT HUME, FOX NEWS SENIOR POLITICAL ANALYST: Thank you, Megyn.

KELLY: And so, Planned Parenthood says, it is a victim here of what it claims an unlawful tapings and an unfair improperly edited smear campaign.

HUME: Well, if that is true, what was head of Planned Parenthood doing apologizing the other day not just for the tone of what the first doctor, Dr. Nucatola was saying but also for her, quote, "statement." So I think Planned Parenthood's obviously resorting to trying to fire up the faithful in the abortion rights movement and rally them to their cause.  But I don't think their explanation works.

KELLY: You have two doctors now. One who runs the abortion practices at Planned Parenthood talking about how she crushes the babies' fetuses just so, she crushes them above the thorax, she crushes them below to maintain the organs that are really popular. Now you have this one talking about how she will speak to the head abortionist she deals with to see if she can make the abortions less crunchy.

HUME: Which goes right to the question of the federal law, one of the federal laws that maybe engaged here which is the one that forbids manipulation of the procedure for purpose of harvesting organs or tissue or any part of the aborted baby.

KELLY: Let me just put that on the board Brit, so the viewers can see the law themselves which is helpful. This is, let's put them up there.  This is 42 U.S. code section 289 G. Human fetal tissue may be used only if no alteration of the method or procedure used to terminate the pregnancy was made solely for the purpose of obtaining the tissue. You cannot change the method or procedure used to perform the abortion if the sole reason to do it is to obtain the tissue which she considers a species little argument that is just a little protocol that doesn't bother her if they violate it.

HUME: That seems to be what she is saying Megyn which seems to me would give rise to a potential prosecution here if we even had a, you know, a Justice Department that would be interested in prosecuting such things which I suspect we do not. But there it is. It is pretty clear.

KELLY: What does this do to the argument on abortion? It's legal.  It's legal well into the second trimester and are they are talking here about, you know, aborted fetuses that are 12 weeks, and I will show the viewers what a 12 week baby looks like in utero. The one she is trying to make less crunchy. I'm not trying to be disturbing. This is what she talked -- this is a 12 week baby in utero. And the casualness with which she and the other doctor discuss it Brit is shocking to some but then some reply by saying, abortion itself is shocking. Why are you so shocked that they would be trying to find some silver lining to it in harvesting body parts that could help someone else?

HUME: That picture Megyn that you just shared represents the contribution that Science has made to this debate over the years. And it's given us a much better idea than we might once have had and the extent to which these fetuses are really babies, they are little babies. They have, you know, a very, very early stage of development they have their fingers and hands begin to develop. And you can see that that little infant limbs were developed. The head was present. You know, whoever the mother was went to her doctor for a checkup. I'm sure the doctor didn't say to her, you know, you have a healthy fetus. No, that's not how people think of such things when they know and can feel and see.

KELLY: Look at that. Twelve weeks.

HUME: Yes, there you go. Twelve weeks you say, well, there you go.

KELLY: Twelve weeks.

HUME: So, when you extract -- when you rest from the woman's womb, this little human creature and kill it, that's not a tidy little minor procedure really. That's the taking of a human life. Unmistakably a human life. And we're now face-to-face with that once again in much the way that the Kermit Gosnell case brought us in an awareness and the extent of the barbarism that can be involved in the abortion culture.

KELLY: Let me show this Brit, because this is -- Brit play this tonight on the "Special Report." This is how the Left sees it, those who support -- I know plenty of pro-choice people who are outraged by these Planned Parenthood videos. This is just not a pro-choice, pro-life thing.  But this is how the Left argues the issue. Listen.

(BEGIN VIDEO CLIP)

DR. ANNE DAVIS, PHYSICIANS FOR REPRODUCTIVE HEALTH: It's a very compassionate gesture. It's a very private moment where people volunteer to do this. And certainly so my colleagues around the country and I are, you know, the recipients of that sort of in that moment with people. It's very genuine. So, there are certainly services where people can help women do that generous thing that they would like to do at that moment.

UNIDENTIFIED FEMALE: Yes. I think Erin, under scoring that this is, in fact, an act of generosity and like very difficult position to make is really important to counteract the narrative that is being presented here which is incredibly lurid and that is -- does far very effective for this wing of the anti-abortion movement.

(END VIDEO CLIP)

HUME: Well, Megyn, that's a discussion that seems to me about a mother who is going to have an abortion's decision to permit the use of fetal tissue for science.

KELLY: Uh-mm.

HUME: That is one thing. That's not -- we're not hearing from the mothers or the would-be mothers or the pregnant women in these videos.  What we are hearing is how Planned Parenthood which, you know, if there was ever a euphemism for an organization Planned Parenthood is it. Because whatever the discussions were about that we were hearing in the videos sure as hell wasn't about parenthood. And it was about avoiding parenthood is what it's all about. And this little discussion we heard that you just played is really about the possibility that a mother or a pregnant woman who agrees to have the tissue from the aborted baby used for science is making a generous gesture. You can argue that point. But I don't see in any way how this gets Planned Parenthood off the hook on what it is doing and how it is doing it. I mean, if this were as Planned Parenthood says, simply compensation they were seeking for the costs that they incur in bringing this about and making this tissue available, they would have a schedule. They would have a fee schedule. There wouldn't need to be a negotiation.

KELLY: Yes. You wouldn't need the other person to throw out the first number, so you didn't loss the negotiation.

HUME: Exactly right. I mean, it makes it clear that this is about business. This is about money and this is where the abortion culture has taken us.

KELLY: This is going to be a big issue in the presidential campaign now. Abortion is now front and center again in presidential politics as, you know, it has become in America more and more recently as the poll numbers start to show a real shift as you point out, thanks in part to the science of what we are able to see. Brit, thank you.

HUME: You bet, Megyn.

KELLY: Also tonight five days after a possible terrorist attack kills four U.S. marines and a sailor, the White House taking new heat over what the President today said to a group of American veterans and what he did not especially when it comes to terror.

Up next, one armed U.S. citizen who is taking a stand himself to protect our troops and Lieutenant Colonel Tony Shaffer who is taking a stand on how the President continues to describe this attack.

And then new surveillance video of the Baltimore riots may undermine everything we heard from city leaders and continue to hear from them about what happened in this case.

We will be joined by Arthur Aidala and Andell Brown to weigh in on the latest in the Freddie Gray case. And almost three weeks to the day since an illegal immigrant allegedly shot and killed Kate Steinle, families who experience similar tragedies deliver a powerful message to Washington. And one mother is with us live tonight.

(BEGIN VIDEO CLIP)

LAURA WILKERSON, SON KILLED BY ILLEGAL IMMIGRANT: Instead of getting Joshua home that day from school, we got an autopsy report.  

(END VIDEO CLIP)

(COMMERCIAL BREAK)

KELLY: Breaking tonight, under intense pressure the White House has now ordered that the flags of the United States be flown at half-staff at all public, military and naval grounds. In honor of the five service members killed in what is being investigated as a terrorist attack last week in Chattanooga. It took five days for the President to act with critics pointing out that is about five times longer than after the murders in Newtown, Connecticut and the Boston marathon bombings. And noting that it only took hours to the administration to light up the White House like a rainbow in tribute to the Supreme Court ruling on gay marriage. This morning, the President addressed veterans in Pittsburg once again declining to call this terrorism but acknowledging that al Qaeda and Islamic State have encouraged attacks on American service members. He promised he would do what he can to keep our military safe.

Our next guest isn't betting on it. For the past two days, Clayton Waites has been standing guard in front of a military recruiting center in Lancaster, Ohio. Clayton, thank you for being here. Why did you feel it was important to do this?

CLAYTON WAITES, CITIZEN GUARDING RECRUITING CENTER: Thank you for having me. I felt like it was important to do this because to me it is obvious that people in our government who have power to make change are not willing to do what is necessary to protect the men and women who sacrifice their life to make sure we have freedom and liberty here in the states.

KELLY: Do you appreciate the irony of you, a citizen, standing outside of a military recruiting center, you know, where marines are inside, they can't have guns but you can?

WAITES: Oh, yes. Many times people walked up to me and said, do you have a permit for that? And I told them no, this is 100 percent legal. I am open carrying these weapons, however the men and women who are trained, disciplined and prepared to use these weapons to defend themselves and others are not allow to have weapons.

KELLY: What do you make of the fact, the White House has said when asked, are you going to do anything? Are you going to let them, you know, change the policy, this is a law that was signed into law by President H.W. Bush, George H. W., are you going to try to reverse it. They say, I'll talk to the Pentagon and Pentagon says, the policies are under review? Do you have faith in the process?

WAITES: Obviously, the process as we have been talking about for so many years is failing miserably. I believe that the best approach would be two part in the interim immediately have Governor Kasich sign an executive order that authorizes the National Guard to protect the recruitment centers and also ultimately would be to get the law changed so the men and women who are in the recruitment centers can themselves be armed or at minimum have a safe or an armory on the premise where they can get access to weapons if the situation arises where they need to defend themselves or others.

KELLY: Are you scared when you are out there?

WAITES: No, I'm not scared. People walk up to me and I say, oh, you are so brave and courageous. And to me that is confusing because I don't understand why they think what I am doing is courageous and important. I understand it is important because these men and women give their life and freedom so we can have freedom. I feel like everybody should be doing this. Why is my action viewed ad abnormal when a situation like what happened in Tennessee can happen anywhere. I'm sure that the people in Tennessee didn't wake up and think there, oh, you know, there is going to be a terrorist attack today. People don't think that. And that is what complacency gets us. It gets us killed.

KELLY: Clayton, thank you.

WAITES: Thanks for having me.

KELLY: Also breaking tonight, new details on the suspected shooter in Chattanooga. New reports that Muhammad Youssuf Abdulazeez followed a top al-Qaeda terrorist and just days before the attack, Abdulazeez researched how to die in the name of religion.

Lieutenant Colonel Tony Shaffer is a CIA trained intelligence operative and senior fellow at the London Center for Policy Research.

LT. COL. TONY SHAFFER, CIA TRAINED INTEL OPERATIVE: Hi, Megyn.

KELLY: Good to see you again, Tony.

SHAFFER: Good to see you.

KELLY: And so the President still notwithstanding all of that, doesn't call it terror.

SHAFFER: No, he doesn't. And this incident, this specific incident is based on two policy failures, one which was long term going back as you stipulated in the prior segment with Clayton, to the Bush 41 Pentagon where they signed away the right for anybody in the military to basically have weapons creating these free fire zones. Also, a shorter term but equally lethal policy failure regarding ISIS. The President continues to fail to understand and recognize the fact that people like this guy are being radicalized. If he is watching tapes that were done by Anwar al Awlaki for goodness sake, Megyn, he is being radicalized. And somehow we're still missing this.

KELLY: How much more evidence do you need? I mean, it's like these terrorism cases, they don't always have direct correspondents with Anwar al Awlaki, although they did in the Fort Hood case and he still didn't call that terror.

SHAFFER: Remember, there was also in Arkansas in 2009, I'm sorry I think it was 2009, where a recruiting station under similar circumstance were hit. So, again, we are seeing here a policy failure that goes back in some cases over a decade and other cases, you know, my friend Mike Flynn has been talking about this former director of DIA that he briefed the White House a long time ago that we need to watch what ISIS was becoming.  And I do relate directly Megyn that ISIS to this sense because this guy was emboldened by their actions in the Middle East and then he started watching these videos by Anwar al Awlaki and the rest is history. We have been talking about this. We knew this was coming. I have been on your show and talking about this yet the policymakers as Clayton points out have done nothing to prepare for this inevitability and now we have people who are dead.

KELLY: Uh-mm. You got the FBI director jumping up and down saying, I can't stop it. I can't stop it.

SHAFFER: Exactly.

KELLY: And the President today came out and said, it's really hard.  He did say, you know, the threat of lone wolves and small cells is tough to detect and prevent but we are doing all we can.

SHAFFER: Nonsense.

KELLY: Apparently we are not doing enough. Quickly Tony.

SHAFFER: No, we can do more. Quickly, look, we know where these guys are. We know we have to go into the heart of this. We have to start defeating ISIS on the battlefield to show that we can do it, that it will take the wind out of their psychological sails. We tend to do it quicker than later. And the other thing here, you know, you know, this is unfortunate circumstance, this is not like mismatched drapes. This is a policy failure across the board. We need to change the policy. We need to get in it to win it and we tend to protect these folks at the recruiting stations across the board. Period.

KELLY: Great to see you.

SHAFFER: Great seeing you, too. Thanks.

KELLY: Well, the murder of a San Francisco woman touched off a nationwide fight over illegal immigrants and crime. And today a group of parents went to Capitol Hill with a painful and powerful message for lawmakers. One of the mothers joins us with her story just ahead.

Plus, a new setback for the prosecutors in the Freddie Gray case of the Baltimore six as we get dramatic new video and audio from the battle law enforcement had as the city was spinning out of control and that puts the lie to the denials that a stand down order was given to the cops.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I need shotguns with bean bags. We're at Barry and North Brook. We are under significant assault.

(END VIDEO CLIP)

KELLY: Well, big developments tonight in the fallout from the death of Freddie Gray in Baltimore, Maryland. First dramatic new video and audio from the start of the riots that ripped through that city starting the day of Freddie Gray's funeral. This just released video shows the city spinning out of control with the crowd destroying police vehicles, setting fires and looting from the stores while the police stay on the sidelines.  We are also getting new sound from police radio that very clearly suggests police were under orders to hold back despite the fact that city leaders have repeatedly denied giving that command. Watch.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Officers go now. (INAUDIBLE) (Bleep)

UNIDENTIFIED MALE: This is the ETA. Have a nice day. I need shotguns with bean bags. We're at Barry and North Brook. We are under significant assault.

UNIDENTIFIED FEMALE: (INAUDIBLE) injured officer.

UNIDENTIFIED MALE: We have one female injured in the (INAUDIBLE) Sustained head injury and then is in and out of consciousness.

UNIDENTIFIED MALE: I'm coming in the (INAUDIBLE) lane. I need you guys to form (INAUDIBLE) around the van while we load up with injured officers. Ten-four coming in hot

(END VIDEO CLIP)

KELLY: In the meantime, there's also been another setback for the state prosecutor Marilyn Mosby in her case against the cops.

Andell Brown is a civil rights attorney, Arthur Aidala is a New York trial attorney and a FOX News legal analyst. Thank you both for being here. So, let's just deal first with Marilyn Mosby, Arthur. The judge had denied her request for a protective order. Basically she wanted him to shot the defense attorney's up and not have them leak any evidence in the case and the judge said, no.

ARTHUR AIDALA, FOX NEWS LEGAL ANALYST: Well, the judge basically said they had the evidence, in June 26 and they haven't leaked anything. The only thing that's leak has been the autopsy report and that was leaked before the defense attorneys had their hands on it. So, the judge basically saying, look, you didn't show me any reason why you should do this. But what blows me away Megyn was her alternative if the judge denied this was put all the evidence on an internet site for everyone in the world to see which basically just sets the judge in his role apart which is what a evidence a jury should see, what shouldn't, what is admissible, what is not admissible, what's relevant. So, the judge basically said, listen, you have had your press conferences. The defense attorney could do whatever they think is appropriate of these circumstances.

KELLY: So as a practical matter Andell, what does that mean? The defense's freedom leak what they want to leak? Or what does it mean?

ANDELL BROWN, CIVIL RIGHTS ATTORNEY: Well, what it means is that the judge did not find Marilyn Mosby's motion to be specific enough in the interest of justice to give such an extreme measure as ordering an order of protection. The judge said you have not identified what particular piece of evidence should not go out to the public and that's the problem here.

KELLY: Show me what they leaked or show me what you are worried about them leaking and she couldn't do it.

BROWN: Absolutely. Absolutely.

KELLY: Okay. All right. Let's move on to the surveillance tape and what we've gleaned from this. Because it is shocking. I mean, some of the worst surveillance tape we have seen from the riots yet. And it shows if you listen and there is a lot of it. There's the video and there's the audio but you can hear some of the cops saying, let's start making arrests, let's start making arrests, and then you hear commands, do not advance.  Hold the line. You hear the cops, we're getting bricks thrown at us. We are sitting ducks here. There are couple of hundred people here. There is this one guy who says, I'm not going to let my guys get hurt because we have equipment and we're not using it. Somebody get me some pepper spray and now. And the cops, you can hear their frustration if you listen to the whole thing. So, you tell me Arthur whether it is in any way unclear that this mayor and the police commander made very clear to these cops do not engage.

AIDALA: I don't think there is any argument that could be made beyond a reasonable doubt that that is exactly what took place. And here's the thing Megyn, I'm pretty sure, Andell correct me if I'm wrong, I'm pretty sure this all took place on the day of his funeral. So they knew this was coming. This wasn't like a flash thing that blew up. Like they knew there was going to be unrest and they are so unprepared. If you know that your police force can't handle this, you then call the state people that they --  

KELLY: She wasn't worried about the police handling it though.  Andell, she said before she claim she never said, let's give them space to destroy. And you can see that.

BROWN: As I watch the tape today, Megyn, what was clear is that the officers' actions and the strategy used was about officer safety making sure that we don't inject officers into a chaotic situation and make what is bad worse. If you have individual officers trying to make an arrest piecemeal here and there, they are exposing themselves to a crowd that outnumbers them. Where there were enough officers they closed in in an orderly fashion and control the situation.

KELLY: Go ahead, Arthur.

AIDALA: So you are making the point that I just said. In other words, you need a true professional like a Bill Bratton here in New York would anticipate this and say, these are tax paying citizens whose stores are being wrecked, whose cars are being wrecked. We need more people --

KELLY: She didn't care about that.

AIDALA: Well, that's your point.

KELLY: What you missing is that the mayor did not care about that.  She dismissed it later as just loss of property and not loss of life.  Well, tell that to the hundreds of business owners --

AIDALA: Correct.

KELLY: That had their stores damaged and the cars were burned.

AIDALA: Sixty one buildings.

KELLY: Not to mention the 200 cops who got hurt.

AIDALA: Sixty one buildings were burnt. Sixty one buildings just --

BROWN: The Monday morning quarterback always makes the right call.  In this situation they were looking at a chaotic situation and they made the call to put officers safety before making individual arrests.

KELLY: All right. I have to go.

AIDALA: They should be better than that, Andell. They should be better than that. That's my point.

KELLY: -- to safety. I mean, no cop was killed, but there was a lot - - there were a lot of injuries. Good to see you both.

AIDALA: Thank you, Megyn.

BROWN: Thank you.

KELLY: There is also news breaking tonight in the death of a woman in police custody. Police say she killed herself. Not everyone is convinced.  But now new video has surfaced and we have it. Then, ashleymadison.com caters to people looking to have an affair, that's lovely. And hackers are threatening to out the names, faces, and naughty messages of millions of users. So of course, we called Brian Kilmeade in here to apply. And then -- he could've been joining us just as soon as he's done talking to Ashley -- and then, the story that is burning up the internet, it involves Game of Thrones, John Snow, and what could be a game-changing moment. Wait until you see what we have just discovered.

(COMMERCIAL BREAK)

KELLY: Breaking tonight, new fallout from a heart-wrenching hearing on Capitol Hill, almost three weeks to the day after Kate Steinle's death.  Steinle's father was one of a handful of witnesses who testified about losing their loved ones at the hands of illegal immigrants, thanks to what the Senate judiciary called the administration's misdirected immigration policies. This has come up of course in the wake of the controversy over sanctuary cities. Today lawmakers listened to powerful statements from father, mothers, and wives folks who were killed. And it became clear that Kate Steinle's death is just one entry on a list that has grown far too long. Senator Jeff Sessions who was at that hearing joins us in a moment, and wait until you hear what happened there. But first, we go to Laura Wilkerson who testified at today's hearing to honor the loss of her son, Joshua, back in 2010.

Laura, thank you so much for being here, and your testimony was difficult just to listen to -- never mind to deliver. But your son was murdered by a so-called dreamer, somebody who was brought here by his parents. The administration has told us these are law-abiding citizens, we don't have to worry about the dreamers. Your son was brutally murdered by him and this man is likely to get out on parole by the time he is 49 years old.

LAURA WILKERSON, SON KILLED BY ILLEGAL IMMIGRANT: Yes. That's correct.

KELLY: And your thoughts on the sanctuary cities and the policies that stand?

WILKERSON: My thoughts are it invites the criminal element of illegal's that are in this country, not to say that all are criminals but invites that element to come to our city and you get a free pass.

KELLY: So to those who say look, there are murders among the illegal immigrant community, the same way there are among the law-abiding -- previously law-abiding community, and it's unfair to paint this community with such a broad brush, you say what?

WILKERSON: I say that America has enough criminals of its own, and we don't need any other countries.

KELLY: Some look at the testimony and they say she not you -- no one would come after you, but I know you gave a shout out to Donald Trump saying you felt heard when you heard what he said, the remarks people considered controversial. People say Donald Trump is a bigot, and you say?

WILKERSON: I don't know Donald Trump. I don't know what he stands for actually, but I know it felt great to hear him speak the truth. He spoke from -- he spoke the truth. It felt like we were being heard. It was a relief to me. He said what he wants to say and doesn't back track on it. What he said had truth in it. So it did feel like finally somebody is hearing and listening.

KELLY: Josh was brutally murdered by this young man for no reason whatsoever. He was tortured before he died. You said today it's going to take another life lost by a Senator, a Congressman, the President, even another hero or someone from Hollywood before somebody does something about this. Do you believe that? Do you believe there is apathy on this still in Washington?

WILKERSON: Oh yes. There is no question about it until it happens to you, you don't know the pain, and it's not going to happen until somebody makes a move. It's a shame. Kate Steinle that died last week in San Francisco was just another one on top of it. There will be many today, many tomorrow, many the next days, until somebody decides it's enough.

KELLY: Our condolences to your family and your loss. Thank you for telling us your story.

WILKERSON: Thank you so much, Megyn.

KELLY: Well, when Immigrations and Customs Director, ICE Director, Sara Saldaa took the stage at today's hearing, right, remember this woman?  She got hammered over an obvious flip-flop back in March after suggesting that the feds need to be forcing cities like San Francisco to cooperate with officials in her department. That's what she said. Yes, we need mandatory cooperation. Crack down on the sanctuary cities, 24 hours later, she released a paper statement saying that stuff I said yesterday, forget about that. Listen to what happened today.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: You said absolutely amen, and the next day did you have a conversation with someone and decide to change your statement from that?

SARAH SALDANA, ICE DIRECTOR: As I said before, Senator, truly my response was straight out law enforcement response. What I did the next day was to clarify I am not going against what we have -- all our efforts in establishing and now implementing the PET program.

(END VIDEO CLIP)

KELLY: Got it? She cleared that right up. Jeff Sessions is an Alabama Republican on the Senate Judiciary Committee, Senator, good to see you tonight. There was so much dancing going on there, it was like being back at the high school homecoming. It was like -- she would not give a straight answer other than to deny that she had reversed herself.

JEFF SESSIONS, SENATOR IMMIG. & NAT'L. INTEREST SUBCMTE CHR: Well, that was not -- she gave a law enforcement answer, the only answer she could give the first time, and it was consistent with the entire philosophy of enforcement of immigration laws in America. Her subsequent position is contrary to that. It affirms sanctuary cities, allowing them to continue, and this administration has done absolutely nothing about it. And it has resulted in the death and crimes throughout this country.

KELLY: So now the law that is being discussed, Kate's Law, would deny funding to these sanctuary cities from the Department of Justice, and the Department of Homeland Security, and would also call for a mandatory minimum sentence of five years in prison for immigrants to enter the U.S. after being deported. Do you support both of those items?

SESSIONS: I like both of those provisions, and I support that in general, yes. We will have to watch the wording carefully. But it is absolutely true that people who reenter this country feel like they can do so with immunity and impunity. And a mandatory penalty would be very important and would be effective in reducing that kind of activity.

KELLY: They say among other things, that if you make somebody who gets deported who then sneaks back into the country go to jail for a mandatory five-year period, it won't all be people like the man who killed Kate Steinle. It will be fathers and mothers who got deported for whatever reason, and then sneak back in to be back with their families, and now you are ripping them apart for another five years. This is what the critics say.

SESSIONS: Megyn, we are not deporting people effectively today, unless they commit the most heinous crimes. If they come back in the country, they should be put in jail, they should not be allowed to come back into our country after having been officially deported. So I don't think that's a concern.

KELLY: Where are we going to get the resources to keep all these people in jail?

SESSIONS: Well, you can argue about how long the mandatory penalty ought to be. But a mandatory penalty in my opinion would have a tremendous impact and reduce the number of people who've reentered after having been deported, presumably for some serious crime, because nobody is being deported today unless they commit a crime according to President Obama's policies.

KELLY: It would cast the net beyond just those deported recently. It would've cast a net for a long time. Senator, it's good to see you.

SESSIONS: Thank you.

KELLY: Well, the internet is buzzing with possible big news tonight involving Game of Thrones. John Snow and what could be a game-changing moment. This is exciting.

Plus, ashleymadison.com caters to people looking to have an affair.  You can go apparently now if you want to do that, and just sign up. All right, hackers threatening to release the names, faces, and messages of millions of users, Brian Kilmeade is here of course on that, next.

(COMMERCIAL BREAK)

UNIDENTIFIED MALE: From the world headquarters of fox news, it's The Kelly File, with Megyn Kelly.

KELLY: Well, cheaters beware, Ashley Madison, the dating website that helps married people cheat has been hit by hackers, threatening to expose the personal and risqu, details of its clients if the site is not immediately pulled. The website reports to have 37 million users and goes by the slogan life is short, have an affair. Watch.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Ashleymadison.com, bringing your marriage back to life.

(END VIDEO CLIP)

KELLY: Brian Kilmeade is the Co-Host of Fox and Friends and the Host of Kilmeade and Friends on the radio. Wow. So somebody hacked the site and is threatening to reveal the cheaters.

BRIAN KILMEADE, "FOX & FRIENDS" CO-HOST: And they have already started leaking out some information already, Megyn. And if you think about it, if you are somebody who wants to cheat on your spouse, why not go on a site where you don't know the owner, put in your credit card information, as well as your personal information, then date a stranger and hope everyone keeps their mouth shut. What can possibly go wrong? This is what's happened. This is the ultimate thing. Experts say -- at least hacking experts, cyber experts say they believe it is an inside job, someone angry at the fact that you have to spend $19 just to erase your personal information. Now they are offering in Ashley Madison a free exit plan. You will not be charged the $19. To me this has been brought to its knees.

KELLY: They will delete your profile now that Ashley Madison has been hacked. But it's too late, the hackers already hacked in.

KILMEADE: Yeah and they basically said bring the site down or we leak everybody's information out. Now think about this, what kind of weekend every one is going to have right now, and what every one is wondering about. This was geared towards women by the way. That's why Ashley Madison -- they really thought women really needed a site to go to. But now men and women are equally going to it.

KELLY: Thirty seven million people.

KILMEADE: And they already took down established men which was a site as James was talking about, and Cougar Life. Both of them have been hacked and their names -- the Cougar Life is more about wild animals.

(CROSSTALK)

KILMEADE: That was hacked two months ago. Right now Ashley Madison, multi-million dollars, I think they're in a lot of trouble.

KELLY: Well yeah, as you say, in the law we have a term for that, it's called assumption of the risk.

Ok, so big news in Game of Thrones tonight. Brian does not watch Game of Thrones, loser. Was that out loud? That's not nice.

KILMEADE: No, no, I think you misunderstood me. I said I live for Game of Thrones. There we go. Here is the big news. We know it is the final episode on season 5 was a blood bath. Everyone died.

KELLY: Spoiler alert, just in case, go ahead.

KILMEADE: In case you have been in a coma. Happy Days have come to an end, as well, spoiler alert. Fonzie jumps the shark in a leather jacket. John Snow is a loved character, and he was stabbed to death. Did he die? Everyone says he died. Well, it turns out he turned up in Belfast. He plays -- his real name is Kit Harrington. Why would he be on a flight with another cast member when there is table read in Belfast, unless he was rejoining the cast? But I went to this thing called research, and I found out that there are other things to do in Belfast at this very time. There is the Belfast zoo, always great.

KELLY: I know he loves wolves.

KILMEADE: Boat tours as well as famous people named Van Morrison, a singer, very good voice.

KELLY: He had spent a lot of time in Belfast with the crew before.  So maybe he just made a lot of great friends, maybe some girlfriend over there, and just as the time that Game of Thrones started to film again, he needed to get over there to visit her.

KILMEADE: I just don't know why you love it so much, and where you find time to follow this series.

KELLY: I watch about 30 percent of Game of Thrones. This is how I watch it. Who lives, who dies? And then my husband he will say they killed him. I'm like don't tell me. There is a reason I don't want to have it in my head. I don't even want the image. I just want to know live or die. Let me show you the following character's faces. Live or die -- dead or alive and really just assumed dead. And the more you like them, the more likely they'll die.

KILMEADE: The one thing that worries me, who's watching the kids?  The

(CROSSTALK)

KELLY: If they ever sneak out of bed, and catch us watching this movie, they're going to be horrified by what's on the screen, horrified I tell you.

KILMEADE: So they have to be true to the period, which is brutal and it was -- they take no prisoners. It makes Braveheart look like a children's story.

KELLY: All right. Here is the possibility that people believe may have happened, that Melisandre maybe bringing John Snow back to life. So if they see Melisandre and John Snow, he doesn't know. They have a scene with the two of them, they catch the two of them in a cafe in Belfast, done.

KILMEADE: And you bring somebody back to life with a kiss.

KELLY: Ok. So we are back to the Ashley Madison intro.

(CROSSTALK)

KILMEADE: How do I explain to security that I spent 20 hours researching Ashley Madison tonight?

(CROSSTALK)

KILMEADE: I got to go. We'll be right back.

(COMMERCIAL BREAK)

KILMEADE: Breaking tonight, new video has surfaced in case getting national attention, after an African-American woman died in what police call a jail cell suicide. Trace Gallagher has the details, Trace?

TRACE GALLAGHER, LOS ANGELES: Megyn, we are getting our first look at dash cam video. Sandra Bland rests on July 10. She was pulled over for failing to use her turn signal. But the traffic stop seemed routine until the officer asked her to put out her cigarette and get out of the car and she refused. Now watch.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Why am I being apprehended?

UNIDENTIFIED MALE: I'm going to drag you out of here.

UNIDENTIFIED MALE: Get out of the car.

UNIDENTIFIED FEMALE: For failure to signal. You are doing all of this.

UNIDENTIFIED MALE: Get over there.

(END VIDEO CLIP)

GALLAGHER: The officer pulled a Taser, cell phone video captured the officer putting Bland on the ground and arresting her. Police say the officer did violate procedures for traffic stop courtesy, but that Sandra Bland was combative and her arrest was justified. Three days later Bland was found hanging by a plastic trash bag in her cell. On his closed circuit video, Bland's cell is down in the hall on the right. And the motion sensor video appears to show that no one entered her cell between the time deputies last checked on her, and when they found her unresponsive. Bland's family and supporters think the closed circuit video was edited, and maintain she did thought kill herself. Listen.

(BEGIN VIDEO CLIP)

SANDRA MASSIE HINES, SUNNYSIDE IN HOUSTON TX HONORARY MAYOR: Sandra bland, I'm sure, I'm positive did not commit suicide. I believe she had help.

(END VIDEO CLIP)

GALLAGHER: Sandra Bland posted on social media that she suffered depression and PTSD, Megyn.

KELLY: We'll stay on it. Trace, thank you, we'll be right back.

(COMMERCIAL BREAK)

KELLY: We're taking your thoughts now on the Planned Parenthood situation, and whether politicians like Hillary Clinton are going to need to comment on this. Tune in tomorrow mean time, or set your DVR, Dana Perino, and Dana Lash are here. Facebook.com/thekellyfile, on Twitter @Megynkelly, let me know what you think. Thanks for watching. We'll see you tomorrow.

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