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Kelly File

Protests erupt in Cincinnati after police shooting

This is a rush transcript from "The Kelly File," July 29, 2015. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST, "THE KELLY FILE": Breaking tonight sources now saying, they have a, quote, "high degree of confidence" they have recovered a plane part matching that of Malaysia flight 370 missing for more than a year now.
Those sources say the part found on Reunion Island which is near Madagascar is the edge of a Boeing 777 wing. They are going to look at it for further evidence that it may be from the missing Malaysia jet. Flight 370 originally left Kuala Lumpur on March 2014 with 239 people onboard. It was headed for Beijing and hour into the flight the plane disappeared somewhere over the South China Sea towards, then flew south towards the Southern Indian Ocean. The debris found today is thousands of miles west of that search area. Shortly, we will be speaking with a former top official from the FAA on what could have happened here and whether they really do believe it is that plane.

But first, breaking tonight, protesters out on the streets of Cincinnati after police release graphic new video from a deadly show down between a cop and a suspect who is now dead.

Welcome to THE KELLY FILE, everyone. I'm Megyn Kelly. Today, 25-year-old University of Cincinnati Police Officer Ray Tensing surrendering after he was indicted for murder. Tensing is charged with intentionally killing 43- year-old Samuel Dubose during a routine traffic stop on July 19th. We are going to show you Officer Tensing's body camera video. You will see and hear what happened right before and during the shooting. In this clip, the officer asked the man he is arresting who he will ultimately shoot for his driver's license. The situation escalates quickly. There is a brief struggle and a fatal shot.

(BEGIN VIDEO CLIP)

RAY TENSING, UNIVERSITY OF CINCINNATI POLICE OFFICER: I am asking you a direct question. Do you have your license on you?

SAMUEL DUBOSE, SHOT BY POLICE DURING TRAFFIC STOP: I thought I did (INAUDIBLE). What did you pull me over for?

TENSING: Again, the front tag.

DUBOSE: But it's not illegal to have a front tag --

TENSING: Okay. Actually, it is. Let me ask you again, do you have a license on you?

DUBOSE: I have a license. You can run my name.

TENSING: Okay. Is it not on you, then?

DUBOSE: I don't think I have it on me.

TENSING: Be straight up with me. Are you suspended?

DUBOSE: I'm not suspended.

TENSING: Why don't you have your license on you?

DUBOSE: I just don't. I'm sorry. I'm just going to go to my house.

TENSING: Okay. Where do you stay at?

DUBOSE: (INAUDIBLE)

TENSING: Go ahead and take your seat belt off.

DUBOSE: I didn't do nothing.

TENSING: Go ahead and take your seat belt off. Stop! Stop!

(END VIDEO CLIP)

KELLY: That's where it happens. This is the latest in a series of incidents spawning a national political debate over race and policing in America. Some of the cases we have seen show law enforcement crossing a line, others do not. Tonight we examine the facts of this case which is causing a national outrage and uproar and we will let you decide. We are joined by former L.A.P.D. Homicide Detective Mark Fuhrman and Richard Fowler but we begin with Trace Gallagher who has been studying this video all afternoon and breaks it down for us here. Trace.

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: And Megyn, while announcing the murder indictment, the Hamilton County Ohio prosecutor called the traffic stop, quote, "a chicken crap stop." And he said, he has no doubt it was murder. The Cincinnati police chief also claims University of Cincinnati Police Officer Ray Tensing was wrong. Tensing pulled over Samuel Dubose a few blocks away from campus for not having a front license plate. The officer repeatedly asked Dubose for his driver's license. Watch again.

(BEGIN VIDEO CLIP)

TENSING: Do you not have your license on you? I'm asking you a direct question. Do you have your license on you?

DUBOSE: (INAUDIBLE) Why did you pull me over for?

(END VIDEO CLIP)

GALLAGHER: At one point when he is asked about a bottle inside the car, Dubose pulls out what appears to be a full bottle of gin, then after being asked one final time for his driver's license saying, quickly go bad.
Watch.

(BEGIN VIDEO CLIP)

TENSING: I haven't figured out if you have a license.

DUBOSE: I didn't do nothing.

TENSING: Take your seat belt off. Stop! Stop!

(END VIDEO CLIP)

GALLAGHER: You hear the rev of the engine. From the rev of the engine to the fatal gunshot is less than three seconds. But a fellow officer says, Tensing told him, quote, after "At some point he began to be dragged, that he was almost run over by the driver of the Honda accord and was forced to shoot the driver." Tensing told his attorney, quoting here, "I thought I was going to get sacked under the car and run over." But the video doesn't appear to support that claim. Now, take one more look at this.

(BEGIN VIDEO CLIP)

TENSING: Well, I haven't figured out if you have a license or not.

DUBOSE: I didn't do nothing.

TENSING: Go ahead and take your seat belt off. Stop! Stop!

(END VIDEO CLIP)

GALLAGHER: Then the gunshot. Tensing's lawyer says, video from another officer's body camera tells a different story and you can see in the distance it appears that Officer Tensing was knocked to the ground though the prosecutor says, he was knocked back by firing the gun. As for Samuel Dubose he did have a pretty lengthy criminal record including a reported 70 different arrests for nonviolent crimes. Dubose was also the father of ten children -- Megyn.

KELLY: Trace, thank you. Joining us now with more, Mark Fuhrman who is a FOX News contributor and former L.A.P.D. homicide detective and Richard Fowler who is a nationally syndicated radio host. And so now in this case, Richard, they have charged the cop, they charged him with murder which his lawyer says is an overcharge that they have gone too far. And you say?

RICHARD FOWLER, NATIONALLY SYNDICATED RADIO HOST: I say that his lawyers are wrong and the prosecutor and the grand jury is right here. If you look at the video and I watched it and I studied it over and over and over again, Megyn, even in the situation where the quote/unquote, "Mr. Dubose sort of like pushed the gas and tried to run away," that video doesn't show that at all. I mean, the -- not to mention the fact that even if that is true or not true, not having a driver's license or even having an open bottle of alcohol in the car is not a death sentence by any stretch of means of the imagination.

KELLY: Mark, do you disagree?

MARK FUHRMAN, FOX NEWS CONTRIBUTOR: Well, there is many things to agree with and some things to just argue. I mean, first thing is, yes, it was a CS stop, it was a probable cause stop. He wanted to stop the car so he found a reason. He stops the car. He is polite. He demands things lawfully. Where it goes sideways is you can see the right hand of the driver. He starts the car. The left hand he struggles with the officer.
The officer is trying to open the door. He shots it, he speeds off, gunshot goes off. I suspect that what occurred here is as he was working against the driver pulling the door shut and him trying to open it, he is going for his weapon and it discharges then he tries to make an accidental shooting probable cause shooting, justified shooting and I think that is where it went sideways.

KELLY: If you listen to the tape after the fact, you hear these cops saying to the other cop repeatedly, I thought he was going to run me over, I thought he was going to run me over. He took off on me. I thought he was going to run me over. He was dragging me. He was dragging me. My hand was caught inside. The tape, does it not support that? Does it, Richard?

FOWLER: No, the tape doesn't support that at all. And as Ronald Reagan says, you have to trust and verify. The tape verifies that this officer indeed murdered Samuel Dubose in this particular case.

KELLY: Okay. But let me ask you this. Let me stop you there --

FOWLER: And shoot him point length in the head.

KELLY: Let me stop you there and say what his lawyer is saying. His lawyer says that I expected a charge basically but not a murder charge.
And if you watched the tape play out, what you see is a cop who appear to have, I don't know, panicked, behaved, I don't know what it was. I don't know if I see malice aforethought on there, I don't know if I see somebody who has decided to murder another person or do you see somebody Richard, who doesn't know what he is doing and makes a ridiculous decision in the heat of the moment?

FOWLER: Well, I think it is someone who doesn't know what he is doing.
But indeed he murdered him, if you listen to the prosecutor's test, and the prosecutor's press conference earlier in the state of Ohio, there is no delineation between, you know, a first degree charge and a second degree charges. It is just murder.

KELLY: Intentional murder. Purposeful killing of another. Purposeful killing of another.

FOWLER: Purposeful, I mean -- look how fast he pulled that gun out.

KELLY: What we are seeing now is the narrative coming out of this case.
See. Here they go again. Here the cops go again with just gunning down black people in the middle of the street for no reason.

FUHRMAN: Well, Megyn, I mean, if you are going to cherry pick any case or every case and then you are going to find cases. And these cases could probably be found for years in covering every race of people and every sex or both sexes. But I just want to go back to one thing about murder.
Let's not get fixated on the word murder. That's an intent crime regardless if Ohio does or doesn't separate first, second or third degree.
But I just want to say one thing about, when a vehicle is the weapon in an officer-involved shooting there is two cardinal rules. You cannot put yourself in danger to have that vehicle be a weapon. In other words, step in front of a car and then claim they tried to run you down. And then the next one is, if the vehicle is leaving and the threat is leaving, game's over.

KELLY: Uh-mm. Step away. You don't get to shoot the driver unless it is some serial killer.

FUHRMAN: Game's over.

KELLY: Right. Unless you have reason, not somebody who was missing the front license plate.

FUHRMAN: Right. Unless --

KELLY: But my last question to you is, Richard, do you believe here this is an example of the system working similar to the way we saw that other cop who was arrested when he was shot a black man and then tried to frame him to make it look like he had been coming after the cop. Did the system work here in that these charges have been brought?

FOWLER: Well, here is the thing and I agree with Mark for once in my life for his explanation about the moving vehicle. But the system is still broken, Megyn. I mean, the fact that we've even got this far, the fact that this officer shot this African-American unarmed man at point blank range in the head shows there is something wrong with the entirety of the justice system.

KELLY: It does? So it -- the entire justice system.

FOWLER: Governor Kasich a couple of months ago in the state of Ohio created a review board to deal with this matter, to reform the justice system. The re-formation to start from the bottom up. From the police officer making the routine stop --

KELLY: So, you think somebody is sending a message to the cop that it is okay to murder somebody for missing a front license plate if he fells scared in the encounter?

FOWLER: Well, I guess the whole system is broken, Megyn. The whole system.

KELLY: I got to go. Great to see you both. Sorry, Mark, we'll get to it next time. Thanks for being here.

FUHRMAN: Okay. Thank you.

KELLY: Well, we learned just a short while ago that search teams are going to continue scanning the ocean floor for a missing Malaysia jetliner as investigators now try to figure out if they have finally found evidence of the missing plane more than 15 months after it disappeared. We will be joined by a former FAA official just ahead.

Plus, a dramatic turn of events in the immigration debate as a man here illegally is released, and then rapes a young girl, shoots a woman and then murders another all in the shadow of the city that hosts next week's republican debate.

Ann Coulter and Alan Holmes right after this break.

Plus, Hollywood is releasing a blockbuster film on events in Benghazi right in the middle of Hillary Clinton's campaign for president. Dana Perino on what it means for the former secretary of state just ahead.

(COMMERCIAL BREAK)

UNIDENTIFIED MALE: Libyan visa. Pull over for inspection!

UNIDENTIFIED MALE: I can't do that.

UNIDENTIFIED MALE: Pull over for inspection!

(END VIDEO CLIP)

KELLY: Breaking tonight dramatic news out of Cleveland, Ohio where an illegal immigrant is accused of a horrifying crime spree after being released on orders from federal officials. The Cleveland sheriff's department says they stopped Juan Ramirez back on July 7th but when they called immigration officials word came back to let him go. What happened next is adding new fire to the debate over illegal immigration in this country.

Trace Gallagher has the story. Trace?

GALLAGHER: Megyn, Juan Emmanuel Razo's alleged crimes read again last week when his 14-year-old niece called police claiming that Razo tried to rape her at a Cleveland area park. When police and park rangers began searching for him they got a call about a shooting, a 40-year-old woman riding bikes with her two kids shot and wounded in the arm allegedly by Juan Razo.
Police then used reverse 911 to warn residents to stay inside their homes.
And that is when detectives were flagged down by a man claiming he just found his wife dead, 60-year-old Peggy Kostelnik had been shot multiple times inside her home. Not long after that a father called 911 to report that a man later identified as Juan Razo was in his backyard pointing a rifle at his son.

When deputies showed up Razo fired on them. They returned fire but Razo hid behind the rock later giving up. Two weeks before the murder deputies spotted a suspicious car and approached the driver. Juan Razo admitted to not having a driver's license and not being a U.S. citizen. Deputies then contacted the border patrol who advised him not to detain Razo apparently because he wasn't a violent felon. Though customs and border protection won't comment until they, quote, "Look into the facts of the case to find out exactly what happened." During his bail hearing Razo told the judge he didn't have a driver's license, a green card or birth certificate. His fingerprint also was not in the database. Listen to the baffled judge.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We have somebody that we don't even know who he is, why he is in this country? Why he is here illegally and why he allegedly committed a murder?

(END VIDEO CLIP)

GALLAGHER: Razo has a preliminary hearing next week, he could be looking at life in prison -- Megyn.

KELLY: Trace, thank you. Joining me now, Ann Coulter, author of "Adios, America." And Alan Colmes, host of "The Alan Colmes" show. So, I mean, I realize one case doesn't speak for all the illegal immigrants in this country. But here we go again. You can feel the judge's outrage there.
He is sick and tired of the cases as are the American people, Ann.

ANN COULTER, NATIONALLY SYNDICATED COLUMNIST: And yes, we are finally hearing about more of them. This has been going on all the time. All the time. All the time. The last few days I have been tweeting out stories.
You know, you have to get to the bottom of the story. Another murder, another child rape. Wouldn't it be great if we had a wall on the border?
And by the way, he didn't apparently have enough of a record. He would be on his way to a path to legalization if the House it taken up Rubio's bill.

KELLY: This is the thing that, you know, nonviolent apparently past, he was, you know, according to Trace's report, not detained because there was no history. And this is the Obama department's, you know, their priorities that they have set. That they only go after the so-called violent illegal immigrants. And yet, how do you determine who is about to be a violent criminal?

ALAN COLMES, HOST, "THE ALAN COLMES SHOW": You can't, you can't say who is about to be a violent criminal. But there is more violent behavior among those who are not here undocumented than there are among undocumented immigrant.

COULTER: That's not true. You have no idea. That's ridiculous.

COLMES: It is absolutely true. There is much more violence among White,
Black, Hispanic --  

COULTER: That is absolutely false.

COLMES: Legal residency --

COULTER: It's nonsense, they do not compare it to Americans, they compare it to convicted Americans.

(CROSSTALK)

I looked up the study.

KELLY: Let me ask you this. Let me ask you this. You know, high profile case after high profile case although the media chooses not to highlight this. I mean, this one hasn't been everywhere. (INAUDIBLE) later, we are also going to cover that which is disturbing. That gets a lot of coverage.
This one not so much. But to the extent it does, does it undermine the argument we are hearing from people who support sanctuary cities, from people who want to allow a path to citizenship.

COLMES: They are emotionally devastating stories and they are devastating to the families and to anybody who hears about it. They are horrific tragedies. But policy should not be made based on stories that are often used to make a political point which is what is being done here by those who are running for president, who want to act as anti-immigrant as he possibly can for a political purposes. Policy should not be made based on this individual yet horrific tragic event.

COULTER: Okay. One thing that is all we do all the time. I mean, we had to listen for a year about a rape that never happened by the Duke Lacrosse team.

(CROSSTALK)

COULTER: Still talking. The UVA gang rapes that never happen. We have the Ferguson "hands up, don't shoot" that never happened. Now we have a real war on women because all these peasant cultures are being dumped on
the country to give the Democrats more votes and --  

COLMES: What do you mean peasant cultures?

COULTER: -- cheap labor. Yes. Peasant culture is the kind of culture where child rape is common. And that is what we're getting and that's what we're seeing.

COLMES: You want to put down an entire culture?

COULTER: And to say, oh, we shouldn't develop policy on this. This is a government policy, Alan, who comes into the country whether or not we have a fence. The American people have been demanding a fence for 30 years.
Congress has passed three fence bills already. But some of the fence doesn't get build. And republican after republican keeps thinking I'm going to be the one who is going to get --

KELLY: And policy on prosecution priorities which has been a big deal on the Obama administration. We are only going after the violent felons, only the violent felons --

COLMES: Right.

KELLY: Well, this guy wasn't a violent felon until he was.

COLMES: You can't know in advance every --

COULTER: That's why --

(CROSSTALK)

COLMES: You can't know that.

COULTER: That's why we only want to let in people who won't become felons.

COLMES: Because we are not letting in people for the most part who are committing these kinds of crimes.

COULTER: We are not letting them in. They are coming in and this is nonsense. They have far more crime --

COLMES: We've have more deportations --

(CROSSTALK)

COULTER: Count the ones in prison.

KELLY: Can anybody think for the acronym for that? What can be called the acronym --

COLMES: AS --  

KELLY: Oh, wait. No.

COLMES: No, no, no, you can't --

KELLY: Good to see you both.

COULTER: Thank you.

KELLY: Well, more media outlets today jumped on some very old allegations from Donald Trump's divorce more than 30 years ago. We will look at what's behind the recent media coverage of the GOP frontrunner and speak with the man who literally wrote the book on Trump.

Plus, the devastating Benghazi terror attack now getting the Hollywood treatment. Dana Perino is here next on how this movie could affect Hillary Clinton's campaign for the White House. Wait until you see this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The U.S. ambassador at risk. The ambassador is in his safe haven. You are not the first responders. You are the last resort.
You will wait.

UNIDENTIFIED MALE: None of you have to go. We are the only help they have.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

KELLY: Developing tonight, FOX News learning democratic presidential candidate and former Secretary of State Hillary Clinton will in fact testify before the committee investigating the Benghazi terror attack and the date is October 22nd. That news comes as we are seeing the release of a dramatic new movie trailer. "13 Hours: The Secret Soldiers of Benghazi" will be out in theaters in January just in time for the first primaries and caucuses. Here is a sneak peek.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We need immediate assistance. We are overrun.

UNIDENTIFIED MALE: We are under attack. Let's go man. We are under attack.

UNIDENTIFIED MALE: Let's go! We got to move!

UNIDENTIFIED MALE: If you don't get here soon, we are all going to die!

UNIDENTIFIED MALE: You have U.S. ambassador at risk.

UNIDENTIFIED MALE: The ambassador is in his safe haven.

UNIDENTIFIED MALE: You are not the first responders. The last resort. You will wait.

UNIDENTIFIED MALE: None of you have to go. We are the only help they have.

UNIDENTIFIED MALE: You're not giving orders anymore. You are in my world now.

UNIDENTIFIED MALE: We have 36 American lives to save.

(END VIDEO CLIP)

KELLY: Wow! Dana Perino is co-host of "The Five" right here on FNC and former White House Press Secretary for President George W. Bush. She's also the author of, "And The Good News Is." It is dramatic and it's going to come out at what she may consider an inconvenient time. Will it have any impact?

DANA PERINO, FOX NEWS CO-HOST, "THE FIVE": It is possible. This is just the trailer. Okay? So, it is sort of like judging a meal by looking at the menu. So, we don't exactly know. But we know that the Left and the Liberals are so concerned about this movie that they have already put resources behind trying to tear it down. The most important thing I think in my opinion, your opinion is that the movie does justice to the victims.
This is a true story, it was a dramatic event in American history. I do think that one thing it will do for sure is to showcase that there are people who think that Hillary Clinton is untrustworthy and secretive to a false and also will do anything to try to help herself politically. And what I mean by that is remember that the Obama administration we still don't know who exactly pushed the video but it's pretty clear that it came from the left and that Hillary Clinton and Barack Obama repeat this lie. They have the video maker arrested.

KELLY: Directly to the victims' families.

PERINO: Which has always bothered me so much that their instincts were to not protect somebody's First Amendment right and then to perp walk somebody in the middle of the night.

KELLY: Can I just say, it is different when you -- I realize that some people say Benghazi owes for conspiracy theorists, whatever, right, it's been dealt with. But you see something like this dramatically done, you know by high value Production Company, and it says this is a true story.
And you can see just from the preview, you know, they say to the guy, you are not in charge here anymore and they want to go save their comrades, which is what happened in Benghazi. It can change things. It can change people's opinions.

PERINO: So, this movie is being directed by Michael Bay, very accomplished. I mean, it would be hard to get this movie done in Hollywood if you weren't somebody who had some clout to bring it to the theaters.

KELLY: Right.

PERINO: It also is a story of courage, of these American service workers who were from various different branches who said, we have no -- remember he says, "You are the last resort." And they decided to stay and try to fight. And that book, ‘13 Hours,’ is actually extremely successful because they had no axe to grind.

KELLY: Look how they went after "American Sniper."

PERINO: Absolutely.

KELLY: It's going to happen here again. It is different story when it is movies that were acceptable to some on the far left in particular, stuff by Michael Moore. Those were loaded. This kind of thing is going to be diminished and dismissed.

PERINO: I remember when James  Brolin-- movie "W" came out about President Bush43 and the Left was like, oh, this is going to be totally exactly how it was. That wasn't based on a book.

KELLY: It was like a comedy.

PERINO: Right. And they loved it. The thing is we don't know what this movie could turn out to be. It could make Hillary Clinton look very good.

KELLY: Uh-mm.

PERINO: It might not even mention her at all. But the Left is so concerned that they are already going for it. Plus, you'll see. I think that the critics will trash it. Michael Bay did the ‘Transformer’ series which apparently, you know, the critics didn't like. They will probably judge this movie before it is even out.

KELLY: It will depend on whether she comes out looking good or bad. That will be the bottom-line.

PERINO: Can I say one thing about that hearing?

KELLY: I love it. I love it. Yes.

PERINO: One thing about that hearing. It's very important. There is no time limit to that hearing. So, there will be no interruption from the members bothering her. Plus, it will be in her best interest not to filibuster.

KELLY: That's huge.

PERINO: If she wants to get up and out of that chair, she will have to answer their questions. That hearing will take place on October 22nd. I think that is even more important than this movie.

KELLY: Big time. That is the kind of interview I want to do with her, no time limit let’s just sit together. If a week, if that is what it takes. So far no luck.

(LAUGHTER)

PERINO: Pack your lunch.

KELLY: Dana, great to see you.

Well, Malaysia airlines had just released a new statement on the discovery of a plane part that could be connected to flight 370, we just got it. The airplane disappeared more than a year ago. We'll have that statement for you in just a minute.

Plus, a new attacks today on both Donald Trump and his kids, up next.

A closer look at what is behind the latest media coverage and worldwide coverage over the death of a famous and beloved lion in Africa, raising legal questions for the hunter and some other questions for the rest of us.

(BEGIN VIDEO CLIP)

(UNIDENTIFIED MALE): Preserves are meant to preserve wild life. Not to just lure them off and poach them.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

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

KELLY: Eight days to go until the Fox News GOP presidential debate in Ohio and despite a wide field of qualified contenders, the media is reaching new heights in the apparent obsession with one man in particular. Donald Trump has become a magnet for cameras, including a controversial trip report this week, so it's not just cameras, dredging up allegations of spousal rape from Trump's divorce more than three decades ago. CNN today, used that to suggest quote, that "The R word is haunting the GOP" not just the Donald.
Rolling Stone took things a step further, tying the Trump story to Bill Cosby and suggesting, "We now go have a chance to talk about what exactly makes men rape." And the attacks have not stopped there. Brent Bozell is here on the media pile on we have been seeing, but first, we have an interesting guest. Harry Hurt is author of ‘Lost Tycoon: The Many Lives of Donald J. Trump.’ Harry, it is your book, an unauthorized biography, upon which that Daily Beast report that we saw this week is based in which, Ivana, you obtained the sworn deposition testimony from the divorce. And in which Ivana at the time claimed that he had forced himself upon her, although then she softened it before the book went to print. Let me ask you the same question I asked the Daily Beast reporter. You wrote this book, you know, almost for 25 plus years ago. Do you think that the allegations made there, which now Ivana has denied, are relevant in this presidential campaign?

HARRY HURT III, AUTHOR, LOST TYCOON: THE MANY LIVES OF DONALD J. TRUMP: Yes, I do because that I think that A, she made those allegations and sworn testimony under oath, which she said since back at the time and recently is not sworn testimony, she is putting spin on her. And how are they relevant?
They are relevant because I think this gentleman has a very unstable personality. And I would not like to have his hands on the nuclear football so to speak.

KELLY: You don't like him. He doesn't like you.

HURT: Well, I didn't say -- I don't dislike him personally, although, I wouldn't him if I had a daughter, I certainly wouldn't want him to marry her. I would put it that way. I like to play.

KELLY: But why did you say that? Let me challenge you on that because as I said last night on the air, I don't know what happened in the marriage.
She's denied it, but I take your point that the initial testimony was under oath and as a lawyer, that is what you go with. However, people say really bad things about each other in divorce proceedings and custody proceedings. It happens all the time.

HURT: Absolutely.

KELLY: That they later live to regret. Maybe they exaggerate so they get a better settlement. Maybe they want more time with the children than they want as spouse. They say things that are not true even under oath. So you can extrapolate that to, he's bad with women.

HURT: Well, I don't know if he can or not. I can't say this. With leaving the R word aside, if you take the context in which that happened, Donald, as we know is very obsessed with his hair. He was having plastic surgery or had plastic surgery.

KELLY: He denied that.

KELLY: To remove -- I know he denied that. They denied everything. Sometime they deny they're Trump, but he was -- had a plastic surgery that was performed by her surgeon. According to the deposition, and again, there's more than just the R word. He came in and started pulling her hair at the corresponding place where he had this operation. And then -- let's not use the R word, had forcible sex after which she ran out of the room, went into her mother's bedroom and locked the door behind her.

KELLY: All right.

HURT: The next morning, they got up and he comes over and goes -- did it hurt?

KELLY: She's denying it.

HURT: So I don't think -- well, you know, she is actually.

KELLY: She's come out with the story is without merit.

HURT: She's not denying. She said the story was out.

KELLY: She said the story is about her.

HURT: Megyn, what is that mean?

KELLY: And she said she think it make a great president. I'll stop with that.

HURT: Who did saw she think that I perjured myself under oath? If that what she say?

KELLY: That -- well, that remains to be answered.

HURT: Well -- that's the question that begs the question.

KELLY: Harry, thank you for being here.

HURT: My Pleasure.

KELLY: Joining me now with more Brent Bozell, president of the Media Research Center. Brent? It is -- I understand that Ivana has denied this and so on. But it is tough to say, and I understand their questions about what people say in depositions in their divorce. But it's tough to say that if, in fact, one spouse makes a rape allegation against another under oath and that second party wants to be the president, we should ignore it entirely. Am I wrong?

BRENT BOZELL, PRESIDENT, MEDIA RESEARCH CENTER: Yeah. Except that there is such a raging hypocrisy and a double standard going on. Where's the coverage of Juanita Broaddrick if all this is true? Where are the media who think that this is suddenly so important? And the big difference is that you had an accusation against Bill Clinton affirmed by the alleged victim.
And now you got an accusation about Donald Trump denied by the alleged victim. So start covering Juanita Broaddrick and then, media, then get on your high horse.

KELLY: We are told move on from that.

BOZELL: And by the way, Rolling Stone.

KELLY: And that's the double standard. Is that -- when it comes up about Bill Clinton, we're told move on, move on.

BOZELL: Well, Whitewater? Move on. Juanita Broaddrick? Move on. Monica Lewinski? Move on. That's where we got the name move on. Now look at the republicans, George Bush and the National Guard. That story was 30 years old and it covered the newspapers, Mitt Romney and his haircut, 50 years old, front-page news, and now this which is more than 25 years old. What a double standard.

KELLY: And now some are using this as the store -- that now this opens the door to a discussion about rape and Republicans, really?

BOZELL: Which is disgusting - now look, it's disgusting. Putting him alongside Bill Cosby is just heinous. It is absolutely heinous.

KELLY: It's gonna backfire.

BOZELL: To make that accusation.

KELLY: I think it's gonna backfire.

BOZELL: But this is guilt by association, I hope it does. And by the way, I'm not here has a Trump spokesman on this. But this is unfair and this is what is going to happen by the way. It happened in 2012. It's going to happen with every single conservative who comes to the lead in this campaign, mark my words.

KELLY: When the voters feel that a man has been targeted unfairly, or a woman for that matter as we saw with Sarah Palin, they will rally behind that person. We've seen that time and time again. And just a programming note, Mr. Trump is gonna be on the program on Monday.

BOZELL: Megyn, would.

KELLY: And we'll talk about these things and how is dealing with them. Brent, it's good to see you.

BOZELL: And may I quickly?

KELLY: Yeah.

BOZELL: Quickly -- this is why the networks all have a trust record of under 10 percent right now.

KELLY: Good to see you, sir.

Well, it's been called one of the greatest mysteries in aviation history.
And tonight, we have breaking news on flight 370. And the growing outrage - this is a separate story, over the death of a beloved lion in Zimbabwe which calls for the hunter who killed him to be charged and some say, hanged, Dana Loesch and Mark Eiglarsh, on the legal and immoral arguments, next.

(COMMERCIAL BREAK)

KELLY: Worldwide outrage tonight, over the death of Cecil the Lion killed at the hands of an American dentist. An emotional Jimmy Kimmel, last night summed up the case and the global anger about it, watch.

(BEGIN VIDEO CLIP)

JIMMY KIMMEL, HOST, JIMMY KIMMEL LIVE: It was a dentist from Minnesota who paid $50,000 to shoot the lion. According to the news, he hired a company, he flew to Zimbabwe. Two locals took him to the national park. They tied a dead animal to the back of the jeep to lure the lion out of the park because it is illegal to shoot them in the park. They called it baiting.
And once they got the lion out the park, they put a spotlight on them and then the dentist shot Cecil with a bow and arrow. But the arrow didn't kill the lion so they tracked him, and 40 hours later, shot him with a gun, skinned him and took the head and left the body there.

(END VIDEO CLIP)

KELLY: And Mark Eiglarsh, he's a criminal defense attorney and a former prosecutor. Dana Loesch, is the host of Dana on TheBlaze TV. Welcome to you both. And moments after he said that, in an extraordinary moment, Jimmy Kimmel nearly broke down, offering folks a way to help prevent this kind of thing in the future, watch.

(BEGIN VIDEO CLIP)

KIMMEL: If you want to do something -- if you want to make this into a positive, you could have -- sorry. I thought, I'm -- OK.

(END VIDEO CLIP)

KELLY: And you can donate to that group, wildcru.org. Mark, let me just start with the legalities on it with you. Did the dentist commit a crime?
Did the poachers in Zimbabwe?

MARK EIGLARSH, FORMER PROSECUTOR: Yeah, they all did. They lured the helpless animal out of the national park against Zimbabwe law. And now the two poachers have been arrested. They did bond out. The police chief is looking for the dentist. They believe he knew all about the laws and he violated them. The dentist is saying, I didn't know. I relied upon these local professional guys and many people think he is lying unintended.

KELLY: Is it legal? If they hadn't lured them out of the reserve, would it be legal to kill a creature like this, the way they did?

EIGLARSH: Well, they are alleging that you cannot do it outside.

KELLY: This is the dentist celebrating his many kills, a big game, Go ahead.

EIGLARSH: It's extremely disturbing. Apparently, the crime was luring him out of the park. You certainly couldn't do it there. And, you know, it's unlawful.

KELLY: He's gotten in trouble before for killing a black bear and reportedly.

EIGLARSH: In Wisconsin, yeah.

KELLY: Was placed on probation years earlier for doing that, but believe that this was illegal. Before I move on to Dana, last question, he is now receiving death threats. Totally inappropriate, obviously, its people are very angry. Can they be charged? Mia Farrow actually, tweeted out his address.

EIGLARSH: Which is not a crime, see -- maybe she is doing that for the purpose of hey, here is where he lives, go to the public sidewalk and protest him. Let him know how you feel. You cross the line when you put somebody's address let say, or say let's commit a crime, let's skin him the way he did it to this lion. Let's harm him the way he did it. What a coward. Now you are encouraging people to commit offenses.

KELLY: Dana, let me ask you because you had a different take on this.
You're a hunter, you're a gun owner and you saw outrage and yet, you were wondering where the outrage was on another big story.

DANA LOESCH, HOST, DANA CNN THEBALZE TV: Right, Megyn. You are absolutely right. Let me affirm (ph) did by the way, he violates Twitter terms and service that nobody, Megyn, nobody dislikes an irresponsible poacher or a hunter more than a law abiding hunter. Nobody dislikes those people more.
This guy has been convicted of poaching before. My benefit of the doubt is not rest with him. That being said, where was the outrage? Where was Jimmy Kimmel's, John Boehner crying? When Robert Mugabe had a lion killed and mounted for his birthday celebration in March. He ate, Megyn, a baby elephant. Mugabe ate Dumbo at his birthday celebration this past March. All of these people are waking up the past couple of days acting like this is the first time this has ever happened. Mugabe was called by Zimbabwe's conservation task force, the biggest poacher. And everyone is suddenly now realizing that this is a problem and there's more outrage over this, Megyn, than there are over babies that have been murdered in the Planned Parenthood thing. With all of the video investigations, Cecile Richards is the Mugabe of the babies with the Planned Parenthood situation.

KELLY: You know in his.

(CROSSTALK)

KELLY: People don't pay attention every day. This case got so much attention it may have seeped into the consciousness more than some of those other items that you mention.

LOESCH: Well.

KELLY: But let me ask you that because it has been interesting. You know, you make the juxtaposition between the aborted fetuses and the Planned Parenthood story in this. Why do you think that is? Do you think we have become immune to what is happening with abortions in the country or do you think there is a legitimate point to be made that a life that is here -- I realize it is a lion, a life that is here is somehow embraced and the loss of it is felt more than a life that is just forming inside of its mother? I mean, I'm trying to understand the difference.

LOESCH: I think it is easier to mourn over a lion that has been killed than over a baby that has been killed. I think that is how far we are from our humanity. And there been a lot of people who've been trying to assign value to. I faced on scarcity of it which I think is incredibly dangerous. And I want to point out too, Megyn, that game hunters responsible law abiding, game hunters who go out there and regulate hunts, those conservation efforts do in fact, help out these animals helps their habitat and it helps their numbers, calling her to the health thing. This guy wasn't doing it. I just wish there was as much outrage over the Planned Parenthood stuff as there is over this.

KELLY: It is crazy how they found that he had a tracking caller on him because he had been studied and they tried to destroy it, to cover up what they had done. As Jimmy Kimmel said.

LOESCH: Yeah.

KELLY: Widecru.org. Wildcru.org if you are interested in helping or donating. You guys, thank you both.

EIGLARSH: Thanks, Megyn.

LOESCH: thank you, Megyn.

KELLY: Plus, is this part of flight MH 370? Is this the part of it? The flight that's been missing for more than a year, we have Breaking News next.

(COMMERCIAL BREAK)

KELLY: Breaking tonight, Malaysia Airlines just releasing a statement on the discovery of a plane part saying, it is premature to speculate that the debris could be connected to flight 370. However, they added it to that, which I'll get to in a moment. Today, searchers found what appeared to be a section of the wing, found on a small island in the Indian Ocean. We don't know if it's connected to this plane. The discovery immediately led to questions about a possible link to missing Malaysia Airline flight 370.
Until today, that search has focused thousands of miles west of Madagascar where it was found. Scott Brenner is a former FAA senior official. Scott, it's good to see you. And so Malaysia Airlines -- so basically they find it, you know, way the heck over here, near Madagascar and the plane is believed they're gone way the heck over here someplace in the southern Indian Ocean.

SCOTT BRENNER, FORMER FAA SENIOR OFFICIAL: Right.

KELLY: Near Australia. And now, they are talking about -- this is Malaysia Airlines they say. However, if this wreckage is the plane's it would be consistent with other analysis and modeling that the resting place of the aircraft is in the southern Indian Ocean, what do you make of it.

BRENNER: I think, I mean, it's a nice piece. And as crashes go, it's a nice piece. It's totally intact. It looks like it was a clean break. And you know once we get to the folks at Boeing, they'll be able to identify it fairly quickly that it was part of MH 370.

KELLY: If it was. But how -- what, I mean, how many airplane wings are floating around in the Indian Ocean? I mean, they must know how many planes went down and are unaccounted for.

BRENNER: Fortunately, there's not that many, and that's a good thing. But these aircraft parts, there's a variety of serial numbers on them. So as soon as they get this piece they'll be able to match up that serial number and now be able to find out exactly where this plane came from.

KELLY: So there is no doubt in your mind. Do -- how significant it is that you think that they did come out today, U.S. official and said air safety investigators have a high degree of confidence. The debris found id from a Boeing 777, which is the same model as the Malaysia Airlines plane.

BRENNER: Right. So the photos were pretty clear. I mean they could tell fairly, rapidly that this was a Boeing product. The guys are in Boeing, honestly know their own products. So I think you know they just want to confirm it, they want to get their hands on it. They are obvious just referring to the photos. So once they get their hands on it, I think they'll make the final confirmation.

KELLY: They're saying the barnacles on the wing look like something that may have been under the water for about 500 days. That flight has been gone for 508 days. How long did you think this process takes? How long before we get official word?

BRENNER: I bet as soon as -- I was to assume as soon as the Boeing guys get it, they will probably be able to do it within a couple hours. I mean, they'll probably wait, you know a little while to make sure the Malaysians are OK with the announcement. But you know, once the Boeing guys.

KELLY: And then.

BRENNER: Get it on their hands, it will be done.

KELLY: Quickly, because I'm against the break, but.

BRENNER: Sure.

KELLY: Then will they continue searching? This will help them narrow the search or no, for the remainder?

BRENNER: You would hope it would help them narrow the search, maybe you know back track and look on charts and currents and winds and maybe give them a little better idea, but we'll see.

KELLY: We can only hope. Scott, thank you. We'll be right back.

(COMMERCIAL BREAK)

KELLY: So tune in tomorrow night. Set your DVR now. We've got Kilmeade, Marc Thiessen, Sheriff Clarke, Charles Krauthammer -- enjoy. Go to facebook.com/thekellyfile and on Twitter, @megynkelly. Let me know what you think of tonight's show. Thanks for watching. I'm Megyn Kelly, this is The Kelly File.

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