This is a rush transcript from "The Kelly File," July 31, 2015. This copy may not be in its final form and may be updated.
SHANNON BREAM, GUEST HOST: Breaking tonight, the first GOP presidential debate is less than a week away. And some candidates are fighting to secure a spot on the big stage.
Good evening. Welcome to "The Kelly File." I'm Shannon Bream in for Megyn Kelly. One of the biggest obstacles to these candidates' success is the fact that the potential field has now swelled to some 17 different faces. Fox News will host the top 10 contenders on Thursday in Cleveland. The Real Clear politics average of polls gives us a good snapshot of the field. Though this is not the guide that Fox News Channel will use to determine who makes the final cut. And as we get closer to the debate tonight, well, some of the candidates are already making headlines.
(BEGIN VIDEO CLIP)
JEB BUSH, R-PRESIDENTIAL CANDIDATE: Over time, the Trump phenomenon will either succeed or fail based on his proposals.
UNIDENTIFIED MALE: You call it a phenomenon as it's something that's --
BUSH: The fact you are asking me about it, you're not asking about Scott Walker or other really well qualified candidates. It is definitely a phenomenon.
UNIDENTIFIED MALE: What section of America do you represent?
DONALD TRUMP, R-PRESIDENTIAL CANDIDATE: I think I represent a big question, I guess the poll had me with 16 or 17 and candidates had me at 25 percent. And the next person was at 12 percent. So, that's a big difference. So, we represent a very big section of this country.
UNIDENTIFIED MALE: Not the immigrant population presumably.
TRUMP: Excuse me?
UNIDENTIFIED MALE: Not many of the immigrant population presumably.
TRUMP: I did well. In fact, the Hispanics, a poll came out two days ago. Where I'm number one with the Hispanics. I know you are surprised to hear that. But I'm number one with Hispanics. And I said that if I get the nomination, I will win with the Hispanics.
GOV. SCOTT WALKER, R-WIS., PRESIDENTIAL CANDIDATE: Voters want to hear who you are for or who you are against. I said consistently Donald Trump could speak for himself the other day when he went after me specifically. I just said, hey, he can speak for himself, but he's using the talking points of the Democrats. Those talking points haven't worked very well in the last four years when we win three elections.
SEN. RAND PAUL, R-KY., PRESIDENTIAL CANDIDATE: Television works, Wolf if you give some other candidates time from 8:00 in the morning to 8:00 at night all day long every day for three weeks I'm guessing some other candidates might rise as well. So, for example, while some people are hearing about one candidate all the time, very few people know that I have offered a tax code.
MIKE HUCKABEE, R-PRESIDENTIAL CANDIDATE: This president's foreign policy is the most feckless in American history. He's so naive. He would trust the Iranians and he would take the Israelis and basically march them to the door of the oven.
GOV. CHRIS CHRISTIE, R-N.J., PRESIDENTIAL CANDIDATE: Don't talk to me about being anti-gun as governor and raise something to me that was -- listen. That was 20 years ago. And if you want to debate me, come in the top ten, run for president and come to Fox in Cleveland on August 6. And I'm happy to debate you.
(END VIDEO CLIP)
BREAM: Pollster Frank Luntz is CEO of Luntz Global, Frank, it is going to be so much fun. Are you ready?
FRANK LUNTZ, POLLSTER: I'm ready. In fact, I'm expecting a new drinking games that are going to be created out of the debate on August 6. But there are two key points that I want to raise. Number one, is that because we are still six months away from the first vote in Iowa and New Hampshire, it's going to be more about personality than it is about policy. And the candidates may not wish it to be that way. But voters are sizing up these candidates to decide whether or not they like them, whether or not they empathize with them, whether or not there is a connection.
And that's more important now than where they stand on the specific issues. And second and this is specifically for Donald Trump. It's that old Simon and Garfunkel song "The Boxer." And Paul Simon wrote, a man hears what he wants to hear and disregards the rest. That's what's happening with Donald Trump. If you like him, you love what he's saying. If you don't like him, you hate what he's saying. And each person hear what he says differently depending where they stand in the political aisle.
BREAM: Now, he is topping almost every single recent poll across the board. So, we don't know which version of him is going to show up. He says he'll going to be respectful but he's very bombastic. And so, you have to think about each of the candidates who stands to gain by engaging him? Who stands to lose by engaging him directly?
LUNTZ: I'm not convinced that anyone stands on engaging him. I had the chance to do it myself several weeks ago. And I understand what it is to feel the wrath of Donald Trump. Look, he's credible. He's tough. I'm surprised that he's not prepping for the debate because no matter how much you know, you never know enough of the details. But that's the kind of guy who he is.
BREAM: Do you think he's managing expectations there because this guy is smart. He has been very successful on a number of things. Love him or hate him, I don't know. Because I mentioned that to somebody else. Like, gosh, I can't believe he keeps saying, I'm just going to show up. I am who I am. Do you think he's secretly taking us out and he really is doing a lot of debate prep?
LUNTZ: Actually, no, I don't. It may be. But he's not asking you to vote for him based on his knowledge of specific policy. He's asking you to vote for him and he says it again and again because of the art of the deal. Because of leadership. Because of the determination. He's asking people to vote for him because of a passion, rather than a policy. And early on in this election process that is a very smart strategy.
BREAM: Yes. I wondered how it would work for him once we got to these debates in longer term. Because having interviewed him myself, he will continue to return to what he's best at. He'll says, I'm the only one who knows how to create jobs. I'm the only one who's been successful businessman. I know how to turn things around. But then when you say, how would you do that as president? How would you work with folks on Capitol Hill? He returns to the -- I want to make America great. So, I wonder how long he'll be able to go on those ideas, those big concepts that people seem very enamored of versus having to do a deep dive on policy at some point.
LUNTZ: Well, frankly it depends on how the media treats him. Those candidates who are angry, the Trump has gotten so much coverage, they are right to be angry. There is been a lot of more focus on Donald Trump who is somewhere between 20 and 25 percent. He's getting over 50 percent of the coverage. So that he's crowding out other candidates with their messages. But equally important, the way that the media treats him -- sometimes with respect. More often with scorn. He's now becoming the iteration of anger that the public has towards the mainstream media and their frustration with America's elite. Every time that Trump speaks against you all, he goes up another two points.
LUNTZ: And so, the press is actually creating that search for Donald Trump.
BREAM: So, although he's at the top of the most of the polls, he's also at the top of the polls for a person you would never vote for according, you know, GOP primary. So, let's talk about some of the other people. Who do you think will be a good debater who will have a chance to shine on the stage?
LUNTZ: First person I go to is Marco Rubio. Because he has the best positive message of any of the candidates. It's very emotional, it's very personal. And I know from the work I have done that people reacted positively. The second person I'm going to be looking for is Chris Christie. And you showed a segment there. He has got the best sound bites. He's the most likely to start yelling at somebody of anyone up on stage. Not only will he be entertaining but he is going to be tough. And the third person I look for is Governor Scott Walker, current governor, Wisconsin, a blue state. He has got a very strong record and he has got a very gentle way of communicating. So, those are the three people that I am going to be watching.
BREAM: Let's talk about Ben Carson a little bit. A brilliant doctor. He has a lot of grassroots support. People really adore him, the people who support him. He's got such a laid back way of talking, even when he's his most passionate about some idea or policy, he does have some depth. But do you think that is going to work for him in the debate?
LUNTZ: He has got significant depth. And the thing I find interesting about him is that if you have got Christie and Trump on one end and then Carson is exactly the opposite. The level of civility and decency that republican primary voters should appreciate. But if I were Caron's advisor, I would also be saying that you've got to speak up, you've got to speak out. That your normal way of backing up and being civil, there are ten other people -- there are nine other people on stage. You're got to be heard.
BREAM: Yes. And you may get run over with this group, with those other nine who are up there. Let me ask you last about Ted Cruz. He was a champion debater. I have seen him argue cases at the Supreme Court. He's very convincing.
LUNTZ: The key to this debate is not the overall presentation. It's the one or two sound bites. It's that seven seconds that matters most. And I'm convinced that Ted Cruz will have one of those two or three that we're going to see again and again. There is no presidential candidate better than Cruz in delivering something that's incredibly powerful in a really short amount of time.
BREAM: All right. We will see how it all plays out. And we know, afterwards as well, you will going to be giving some post-debate analysis with a focus group for THE KELLY FILE. And so, we'll look forward toward to.
LUNTZ: I am going to make three or four Republicans very happy and three or four Republicans very angry. But that's what I do.
BREAM: That's your job. All right. Frank, thank you so much. Great to see you this Friday night.
LUNTZ: Thank you.
BREAM: All right. Could we soon see federal agents seizing the private e- mail server Hillary Clinton used as secretary of state?
(BEGIN VIDEO CLIP)
EDWARD MACMAHON, JR., NATIONAL SECURITY ATTORNEY: In most situations like this you would expect that a warrant would be issued.
(END VIDEO CLIP)
BREAM: Why the latest document dump is raising new questions on whether Mrs. Clinton violated the law.
Chief intelligence correspondent Catherine Herridge, Fox News digital politics editor Chris Stirewalt, they are both here, next.
Plus, breaking news tonight. A federal judge has just granted an abortion group's request to shut down those shocking undercover videos. And Jon Stewart coming under fire for getting too close to the commander-in-chief. Howie Kurtz on Stewarts's White House meetings and his new attacks. That's Jon Stewart on Fox News. Surprise.
(BEGIN VIDEO CLIP)
JON STEWART, COMEDIAN: I assume the insinuation here is, I was summoned to the White House so Obama and I could coordinate on his agenda.
(END VIDEO CLIP)
BREAM: Breaking tonight, serious new questions over whether Hillary Clinton's unprecedented e-mail set-up as secretary of state is in violation of the law. As the nation's top diplomat, Clinton believed to be the first person in her position to use a private e-mail server kept in her home. Two years later, Mrs. Clinton returned some documents to the State Department and deleted the rest. The agency is releasing her e-mails to the public and we are finding dozens of what appear to be classified documents, that's raising new concerns.
Chief intelligence correspondent Catherine Herridge in Washington.
CATHERINE HERRIDGE, FOX NEWS CHIEF INTELLIGENCE CORRESPONDENT: Shannon, if you do a search through the more than 1300 documents dropped today using a code for classified information. You'll find 37. This after the intelligence community watch dog concluded there are potentially hundreds of classified documents on Clinton's personal server like this one between aide Huma Abedin and then Secretary of State Clinton. Briefing her in advance of a call with Abbas, we believed that to be the Palestinian leader and all of the details are wiped. Classified emails on Hillary Clinton's personal server and the backup copy on a thumb drive held by her lawyer David Kendall may in fact be a violation of 18 U.S. code 1924, governing the unlawful removal and storage of classified information.
(BEGIN VIDEO CLIP)
MACMAHON: In most situations like this you would expect that a warrant would be issued and the marshals and the Feds, FBI, somebody would go and get that thumb drive and take it somewhere where it would be considered safe by the government.
(END VIDEO CLIP)
HERRIDGE: Court documents filed in the prosecution of former CIA Director David Petraeus strongly suggest a double standard. The retired general was prosecuted for the unauthorized removal, sharing and storage of classified information held at his home. Quote, "The FBI executed a court-authorized search warrant at Petraeus residence and seized the black books from an unlocked desk drawer in the first floor staid of the Petraeus residence." As whether she would take action to secure the material, the Attorney General Loretta Lynch was non-comital today saying, the matter is still under review.
(BEGIN VIDEO CLIP)
LORETTA LYNCH, U.S. ATTORNEY GENERAL: The inspectors general for the State Department and at least one other I.G. are reviewing how material was handled. We will review it as we review all referrals to us and take whatever steps are appropriate, if any, at the appropriate time.
(END VIDEO CLIP)
HERRIDGE: FOX news has also learned that classified e-mails on Mrs. Clinton's personal server contained information from as many as five intelligence agencies -- Shannon.
BREAM: Catherine, thank you so much. All right. Here now on the possible political fallout for Mrs. Clinton. Fox News digital politics editor Chris Stirewalt spending his Friday night with us on "The Kelly File." Hi, Chris.
CHRIS STIREWALT, FOX NEWS DIGITAL POLITICS EDITOR: Team Bream. Glad to be here.
BREAM: Listen. Today was busy. We got a truckload of information from the Clinton camp.
STIREWALT: Well, yes. Look, first we have evidence -- further evidence that Hillary Clinton is selling Democrats a pig in a poke that she said, oh, there was no classified information. Oh, there was some classified information. Ah-ha, psych. And what it reveals to Democrats as they see they're probably prohibitive front-runner was not honest with them. Did not tell them. Did not disclose the extent of the liabilities in her e- mail scandal with the home browser and all that stuff. And it was going to be cauterize. The other evidence was destroyed. You will not get the server. This hurts but it's going to be gone. Now we see the drip, drip, drip, drip, drip, drip. Constant, oh, well, maybe we weren't on the level about that. And maybe there is still a thumb drive. And sorry about that other thing. So, Democrats continue to have sort of salt rubbed in this wound. And it's no fun.
BREAM: Okay. But today we also got in addition to the e-mails which we are still parsing through and they're all kinds of -- I mean, if you get an e-mail that's almost completely redacted so you can't read any of it and it is identified as potentially classified, you've got to wonder if there was concern about the information. But we also got income and tax documents over the last eight years. And listen, this is America. The Clintons have done a good job. You know, I don't fault them for that. But it's hard to rail against the one percent when, you know, based on the records that we got today.
STIREWALT: Let me put a finer point on it. She put out not her health records but a doctor's note basically that said she has got a glandular issue but she is basically healthy and she'll be fine to be president. I don't know if that will pass long term. But that's what she's offering. On the other hand holy Crocono (ph), they made more than $140 million American dollars from 2007 until today. You put that together with their haul from 2000 when they left the White House, we are talking about a quarter billion dollars. That is an enormous sum. And do you know what they did to get it? They just had to beat themselves, they gave speeches, they wrote books, they were famous, they were influential. She was powerful. She was a senator. She was the secretary of state. He was flying around on 747s and having a big time. But all they had to do was be themselves and people gave them all this money. Now, she says that money didn't affect the way she did her job, won't affect the way she did it as president. But a quarter billion for just being famous, holy Crocono?
BREAM: Listen. You and keep this up. We'll going to have to put a little southern subtitles on here for the people --
STIREWALT: I'm sorry. Crocono is a forbidden word?
BREAM: Can we say things like bless her heart? We'll subtitle and we'll fix that later.
STIREWALT: Yes, ma'am.
BREAM: Do you think because of that amount of money that she's made -- anybody in America for being able to do that. But do you think that's why Bernie Sanders is gaining with the kind of the further left, populist kind of feel?
STIREWALT: I think she -- I think it's not because of necessarily they don't like her having money, I think it's because they don't thrust her and they think that she will burn them bad when she gets in the general election. She is in many ways the Democrats' Romney, she is this mega rich person, she's got the out of touch problem. She's got trust problems with the base. And she's going to slog on to the nomination and then she's going to have a democratic base that looks there and says, no way, sister.
BREAM: Yes. But a lot of those people aren't going to cross over and vote for, you know, one of the guys on the other side.
STIREWALT: All the Republicans need them to do is exactly what Barack Obama needed Republicans to do in 2012. Just stay home. That's all the Republicans need the Democrats to do in 2016 is just stay home for Hillary and they'll have a great ole time.
BREAM: Only about 16, 17 months to go, Chris.
BREAM: Thank you so much. Happy Friday night.
STIREWALT: Happy Friday to you.
BREAM: All right. A double murder in Montana. It's reigniting the immigration debate tonight. Brand new questions surrounding this suspect and why he was never deported.
Plus, Howie Kurtz is here with new reaction to Jon Stewart's meetings with the President and his latest attack on Fox News.
(BEGIN VIDEO CLIP)
STEWART: Was the President of the United States trying to influence or intimidate or flatter me? My guess is -- uh-huh. Did it work? It might have.
(END VIDEO CLIP)
BREAM: Jon Stewart set to sign off from "The Daily Show" next week but not without controversy. New report that Stewart made two previously unpublicized visits to the White House. Stewart is poking fun at his critics.
(BEGIN VIDEO CLIP)
STEWART: I assume that the insinuation here is I was summoned to the White House so Obama and I could coordinate on his agenda.
UNIDENTIFIED MALE: The next "Daily Show" there is Jon Stewart making fun of Vladimir Putin. And so, it worked from the White House point of view.
UNIDENTIFIED FEMALE: Interesting.
STEWART: Interesting. So you believe as Russian troops gather at the border of the Ukraine, Obama summoned me.
Just in case he needed help turning young Americans against Putin.
(END VIDEO CLIP)
Howie Kurtz, is the host of "MediaBuzz" on FNC. All right. Howie, he does this a lot. This kind of disarming, I'm just a comedian. But he knows how influential he is and the White House does, too.
HOWIE KURTZ, HOST, "MEDIABUZZ": He's just a comedian. He's told me that many times. This was the final round of sparring between me and Jon Stewart over the years. And, you know, this story is damaging for him because it undercuts his persona, his image as a truth-teller who stands up to the prevaricating politicians and pundits and kind of makes him look like just another liberal partisan who got spun. So, when he came back at me and at FOX after nine minutes of jokes and he's very good at that, of course. Let's take a look at what he finally came down to.
(BEGIN VIDEO CLIP)
STEWART: I can understand if there are some folks at FOX who are concerned that any meeting that I take with a powerful individual should be disclosed lest it be considered possible collusion. Was the president of the united states trying to influence or intimidate or flatter me, my guess is uh-huh.
Did it work? Might have.
(END VIDEO CLIP)
KURTZ: And that was precisely my point.
BREAM: Yes. The thing is they would not engage with him if they didn't acknowledge or recognize the amount of influence that he has. Especially with the very demo target-rich audience and the fact is that, you know, I understand the White House took calls that were coming from people related to "The Daily Show." I mean, they didn't get blown off. Because they knew it was a good relationship to have.
KURTZ: Well, Jon Stewart has done a lot to change TV news. He has had a big impact. But he does always retreats to this "I'm just a comedian" when in fact he does and has used "The Daily Show" to influence the political debate. The White House knows this which is why he got these coveted invitations. And by the way, for him to say, oh, these weren't really secret meetings because they were buried in tens of thousands of pages of visitor logs is kind of a joke.
BREAM: Yes. Because I don't remember hearing about it. A lot of times, there is a famous guest and somebody coming, we all hear about it. You try to get a shot of them coming or going for the President and for the White House.
KURTZ: And by the way, journalists and commentators and even anchors on the day of the State of the Union go to the White House and have off the record meetings with plenty of presidents. Sometimes it leaks out, sometimes it doesn't. Here, if Jon Stewart, it's just a misdemeanor but if he had said, hey, I was at the White House, we chatted, we had salmon, you know, fine. But the fact that he didn't level with his viewers about this and then made some comments about the very issues Obama was pursuing at the time like standing up to Russia's Vladimir Putin, I think has made it a bit of an embarrassing episode for him.
BREAM: Who do you think is going to miss Jon Stewart more -- you or President Obama?
KURTZ: Well, I probably give the nod to President Obama. Barack Obama likes that show and likes Jon Stewart so much that he's had seven appearances, all very friendly as you recall. Jon Stewart not that friendly to George W. Bush. But I am going to miss him both because I think he's funny even when he chops up the clips and takes shots at me and other and obviously does at the FOX, he's done in at CNN as well. But every time he does this, I have a segment on my show. So, in the sense, I'm sure I will miss him a bit as well.
BREAM: All right. We will see you there on Sunday for "MediaBuzz."
BREAM: Thank you, Howard.
KURTZ: Have a nice weekend.
BREAM: You too.
All right. Breaking tonight, a federal judge has just granted an abortion group's request to shut down those shocking under cover videos of Planned Parenthood.
Next up, Congressman Trey Gowdy on how this may impact the new push to defund the nation's largest abortion provider.
Plus, did Timothy -- Cardinal Dolan just compared Donald Trump to the KKK? We're going to straighten this out with Father Jonathan Morris. He's here on Cardinal Dolan's controversial critic and Trump's immigration stance.
(BEGIN VIDEO CLIP)
TRUMP: But, look, it sounds cold and it sounds hard. We have a country. Our country is going to hell. We have to have a system where people are legally in our country.
(END VIDEO CLIP)
BREAM: Breaking tonight, a federal judge has blocked the release of undercover video meetings that involving the National Abortion Federation, its members in secret meetings, its employees. Some of those may involve Planned Parenthood. Congressman Trey Gowdy is here with his new push to defund Planned Parenthood, just how they'll go on Capitol Hill, but first. Trace Gallagher, with the Breaking News, Trace?
TRACE GALLAGHER, LOS ANGELES: Shannon, over the past two years, The Center for Medical Progress, a pro-life group has taken undercover videos of the educational meetings of the National Abortion Federation and abortion provider. So the NAF sued to keep those videos from being released arguing, they could lead to death threats saying, quote, "The broader public interest can be served by preventing defendants from harassing, intimidating and inciting violence against NAF, its employees and its members." Today, a federal judge decided with NAF, banning CMP from releasing videos. And that ruling comes on the heels of a California superior court, issuing a Temporary Restraining Order, preventing CMP from releasing undercover videos of a company that buys fetal tissue for research. Pro-life advocates say the legal action is just an attempt to hide the horrible truth. So far, CMP has released three different videos showing senior level employees of Planned Parenthood casually talking about selling fetal tissue, and graphically explaining techniques used to remove the most valuable parts of aborted babies. The most recent video shows the vice president and medical director of Planned Parenthood of the Rocky Mountains talking about how to maximize profits while avoiding legal consequences. Of course, selling fetal tissue for profit is against the law. CMP claims it has at least nine more undercover videos, though it's unclear if any will be released. And amid the controversy, Hillary Clinton acknowledged this week that she found the Planned Parenthood videos disturbing. Saying that while Planned Parenthood has done good work for women, these raises about -- questions about the whole process, though she didn't expound on exactly what process. But last night, she posted on Twitter, quoting here, "Proud to stand with Planned Parenthood and for access to quality, affordable health care for women, men and young people." There of course, as you know is a push to cut off Planned Parenthood's federal funding. Shannon.
BREAM: Trace, thank you so much. On that, joining us now, South Carolina Congressman Trey Gowdy has joined the effort to defund Planned Parenthood. And the stakes could be pretty high here. Congressman, thank you for joining us.
REP. TREY GOWDY, R-S.C.: Yes, ma'am. Thank you for having me.
BREAM: All right. You have done something you don't often do, which is sign your name on a letter with other members of Congress, basically standing up and saying, this is my position. I'm not gonna move from it. In this case you are all saying -- it's basically, you're not gonna vote for any funding measure that includes continued funding for Planned Parenthood. And you know, that there's gonna be on a collision course with possibly being responsible for being accused of shutting down the government, if you maintain this position. So why are you taking it?
GOWDY: Well, because I don't believe in infanticide, Shannon. And there are certain things that define us as a decent people, as people of good conscience. And when you watch these videos as barbaric and depraved as they are, when you are discussing the selling of body parts while you're eating a salad, like you are talking about a stock tip, and the latest video where you are right on the precipice, right on the precipice of discussing homicide. If you look at the quote, "Folks who come in after delivery, but still want a procedure," what does that mean? If that's not partial birth abortion, what does it mean? The people that I work for, Shannon do not want to fund that. So you know people can disagree about a woman's right to choose and Roe versus Wade and its (Inaudible). But this is barbaric, and it is depraved, and if the president wants to insist on a government shutdown, so he can fund something that I didn't even -- I didn't even think Planned Parenthood was necessary after ObamaCare. I thought ObamaCare provided health care and access to everyone. So why do we need Planned Parenthood to prop up the abortion industry? I'm not gonna fund it.
BREAM: OK. Are there democrats, pro-life or not? Are these people have concerned about these video that you think will join republican efforts?
GOWDY: Well, I don't know. I would think all people of good conscience would just be sickened by what they have watched. Now, will there be folks out there who are able to rationalize it? I'm sure there will be. And I suspect that there will be a funding mechanism this fall and there will be no government shutdown and make no mistake. I don't want the government shutdown and neither do the 18 people who signed the (inaudible) letter. But you know, Shannon, you have to stand for something as a people. I mean, what defines us as a people? I am speaking to a death penalty conference tomorrow. There is more sobriety in discussing the heinous acts of death row inmates than there was in the discussion of selling baby body parts. So if death is not to fund as a people, then perhaps, I'm in the wrong line of work and I'll maybe in the wrong republic. The America that I believe and the people that I represent, do not expect me to fund the barbarism that the depravity that I have seen on these videos.
BREAM: You know if it gets to the president staff, he's going to veto it. So is it a full band?
GOWDY: Yeah, I -- well, he -- you know what, the president loves to talk about bipartisanship and working together, so long as you do everything he wants you to do, that's his definition of bipartisanship. I am simply not going to continue to fund an entity that does the things I have seen on these videos. So you know Attorney General Lynch can investigate it. The bureau of investigations can investigate what I think, or possible criminal violations. But I am not gonna give taxpayer money to an entity that discusses the best way to sell body parts and whether or not you can perform procedures after a delivery, and then sell those parts in interstate commerce. I'm just not gonna fund it. Now, will my colleagues do it? We'll see this fall, but I'm not going to.
BREAM: Or they are gonna quickly ask you, you are chairing the Benghazi committee investigating exactly what happened. Do you think any these new releases we got from the State Department today, the new round of Hillary Clinton e-mails? Some of them heavily redacted will have any impact or be of help to your committee?
GOWDY: Probably not. You know, Shannon, we are in a constant battle with the state department over the production of documents. And you know, the self-described most transparent administration since the earth cooled loves to redact and they loved to withhold and they love to obstruct. But, we're gonna find out what happened before, during and after Benghazi with or without their help. And so far as without their help, we are marching on towards out October interview with the secretary, but we've got 40 other interviews planned for this fall too. It would go a lot better if the State Department showed just a little bit of interest in cooperating with the congressional investigations. And after all, there are four death Americans. So, put politics aside, just help us find out what happened to our four brave fellow Americans, but so far the state department has been incapable of doing that.
BREAM: Yeah, they admitted today that they missed the deadline for some of their latest production. All right, Congressman Trey Gowdy, we appreciate your time. Have a great weekend.
GOWDY: Yes, ma'am. Thank you. You too, thank you.
BREAM: A shocking murder raising new questions about U.S. Immigration policy after this man accused of gunning down a couple who were acting as Good Samaritans. They pulled over to try to help him.
Plus, new developments in the search for those teenage boys out missing at sea.
(BEGIN VIDEO CLIP)
CAPTAIN MARK FEDOR, U.S. COAST GUARD: Hundreds of people searched thousands of miles because we were desperately committed to try to find Austin and Perry.
(END VIDEO CLIP)
BREAM: Breaking tonight, the coast guard sadly suspending its search, just hours ago for those two teenage boys who disappeared while boating off the coast of Florida, 14-year-old Perry Cohen and Austin Stephanos went missing at sea during a burst of severe weather last Friday. Searchers found their fishing boat this past Sunday, but no sign of the boys yet. The coast guard says, it is done all it can do. However, their families say a private hunt for the 14-year-olds will press on. They have enlisted the help of private pilots and boaters who are volunteering in assisting with the search.
Also breaking tonight, new details on an 18-year-old legal immigrant from Mexico, accused of murdering a Good Samaritan couple and shooting and wounding their daughter. Trace Gallagher in the West Coast newsroom with the shocking story. Trace.
GALLAGHER: Shannon, 18-year-old Jesus Deniz admitted in court today that he used a .22 caliber rifle to shoot three people who stopped to help him after he ran out of gas. When 52-year-old Jason Shane, his 50- year-old wife Tana and their 24-year-old daughter Jora, pulled off to the side of the road, offer assistance, the FBI said Deniz pulled out a rifle, told them to get out of the car and demanded money. When the family said they didn't have any, Deniz told them to walk away and then he opened fire. Killing the father and mother and wounding the daughter who was able to run for help. When he was asked why he shot the family? Deniz said he got tired of waiting around and he was mad because the daughter laughed at him. Deniz is from Mexico and is not a U.S. citizen, but because he's been in Montana for most of his life, the Obama administration deems him a legal permanent resident. Deniz was recently arrested for felony burglary but at the time, immigrations and customs enforcement said their hands were tied. Quoting here "This individual does not have any criminal convictions, and as a permanent resident, is not currently removable. Thus, ICE detainer cannot be placed on him at this time." If he is convicted of murder, ICE says he could then be removed from the country after he served his sentence, although, Deniz, could face the death penalty. The children of the murder victims were also in court today and just gave us a statement that reads in part, quoting, "The aftermath of the whole situation has left seven children with no parents. Jesus Deniz has taken away with no remorse or thoughtfulness of life. Shannon.
BREAM: All right, Trace. Thank you so much. Joining us now to talk about this, Kate Pavlich, news editor at Townhall.com and Leslie Marshall, progressive radio talk show host. Ladies, welcome to you both. I have to say just -- thinking about the kids and the daughter who witnessed this thing and got shot too. I mean, regardless of, you know, anything about this person, how the guy -- I mean, this is just devastating. And you know, Katie, this guy, I am told by sources, a senior -- Hill source, Capitol Hill. This guy came here illegally. He was here illegally, would've given a special juvenile visa -- immigration visa back in 2013. And so he was sort of grandfathered in and that's why he was here. But Katie, he hadn't committed a crime to that point, so you know, what's wrong with how this all proceeded?
KATIE PAVLICH, TOWNHALL.COM NEWS EDITOR: Well, the first thing I want to point out is that the White House and open boarder activists often argue that they don't want to tear families apart by deporting their family members, even after they've committed crimes. But here we are with another case of an American family, whose family has been ripped apart permanently, as a result of bad illegal immigration policies. And when it comes to this guy and his criminal record, look, this is a direct result of the United States of America not enforcing, entering the country illegally as a crime. You know the authorities in this case say they couldn't deport him because of the circumstances and because he only had a burglary charge, instead of a conviction and of course, he had a pass from the Obama administration. But the fact is, entering the country illegal is -- illegally is a deportable offense. And so if we treated everyone equally under the law, we probably wouldn't be under this situation today.
BREAM: And Leslie, obviously, you know over the last couple of years, that the administration has given prosecutors and immigration official's great prosecutorial discretion, I mean that's something that they have under the law. And it said you don't have to deport certain people, in fact, we are telling you not to waste your time on certain cases. You know, you don't really even have a right to deport. I mean ICE agents had sued the administration over those policies, but that's where we stand. Is this Leslie, what we end up with?
LESLIE MARSHALL, PROGRESSIVE RADIO TALK SHOW HOST: Well, what we have right now is approximately 2 million people under this administration that have been deported, 30,000 people every single day that are just sitting in detention centers. And you are right to point out Shannon, that this man didn't have a criminal record. And I think that all of us would agree that none of us, this administration, regardless of the ideology that any of the administration has a crystal ball and is clairvoyant. The majority -- overwhelming majority of more than 11 million illegal immigrants here are not violent criminals. This man was not a violent criminal. It's terrible with any tragedy like this happens, whether the person is a citizen or not. But this man, again, was not here illegally. And that special victim's juvenile status, those visas that are given, they're given to children who are abused or neglected from foreign countries. So this isn't, you know this isn't oh, just a free pass because you know you've been here a long time, he fit the criteria for this particular visa.
BREAM: Well -- and Katie, my source though, on this says that DHS is essentially giving them out. They use the word, quote, "Widely," the special immigration visas, that they are giving them out in a way that would suggests, there are a lot of people getting them.
PAVLICH: Well, and this is the problem is they are giving them out without actually looking into the backgrounds of who these people are. And sure, Deniz maybe didn't have a violent criminal record, but he had a criminal record because he was in this country illegally and that is, in fact a crime. And let's not forget that the Obama administrations aren't -- is not only giving out these juvenile visas to people who they haven't vetted necessarily, but they are also releasing tens of thousands of violent criminals with convictions of homicide and rape on to the streets of America. And to say that, well, we don't have a crystal ball and we don't know what's gonna happen, why are we even allowing people who aren't allowed to be here in the first place, who have broken our laws as their first move inside the United States, to stay here at all.
BREAM: Well -- and Leslie, we do know, as Katie pointed out, I mean, there's factual evidence to support that there have been people who have committed significant crimes that have been released, even though they are here illegally, back on the streets?
MARSHALL: Well, there is no question that we have an immigration problem. And this is something the president has been saying, and that's why so many people, left and right, have been pushing for immigration reform. Which will includes securing our boarders more so, having more border patrol agents, having financing for that, better training, aerial drones. Things that they are doing as Rudy Giuliani had mentioned on the border in Columbia that's been very successful. But if we looked at, you know, what do we propose here? Are we supposed to deport every single person who was arrested? And this person -- remember, until he committed this crime had -- while have did have this visa and is under the current status, technically, here allowably, legally with this visa. And if you're saying prior, Katie, I hear you. I agree with you, you are breaking the law if you enter this country illegally, but we do not have the physical means, the financial means. It is not a reality that every single person that is in that.
MARSHALL: Those detention centers are in this country now illegally can be deported. We all know that, that's not realistic.
PAVLICH: We put this people back on the streets.
BREAM: We have to leave it there.
PAVLICH: That is something we can't prevent.
BREAM: We have to leave it there. But remember, as soon as he got the special visa, he then had legal permanent resident status and that really changes the game on a lot of things. Katie, Leslie, thank you both for this important debate tonight.
MARSHALL: Thank you, Shannon.
PAVLICH: Thank you, Shannon.
BREAM: All right. An update in the search for that missing Malaysian Airlines flight MH 370, my source officials are saying that the debris washing up off the African coast is raising a whole lot of hopes of brand new clues.
Plus, Cardinal Dolan slamming Donald Trump in a new op-ed. Father Jonathan Morris is here to weigh in.
BREAM: Developing tonight, new hope for new clues in the search for missing Malaysian Airlines flight MH 370. Malaysia officials say they are almost certain that debris washing up off the African coast is from a Boeing 777, the same model airplane matching the missing Malaysian flight. The debris is being transported to France for analysis and that will determined whether these are parts are from MH 370. Investigators are also looking at battered luggage, also believed to have washed up in that's same area as the plane parts.
A new reaction to Timothy Cardinal Dolan, stating op-ed about Donald Trump's controversial immigration remarks, Dolan declares that nativism is a movement he compares to the KKK is wearing its quote, "Big haired head," suggesting Trump's comments about Mexicans who are a sad return to a terrible American tradition. Father Jonathan Morris is a Fox News contributor and author of Light in the Darkness, which we need a whole lot more of these days, Jonathan. Father, good to see you tonight.
FATHER JONATHAN MORRIS, AUTHOR, "LIGHT IN THE DARKNESS": Thank you.
BREAM: This that's going back and forth, what do you make of it? Because I know that, you know most catholic leaders want to stay out of politics, but he clearly felt a conviction to say something.
MORRIS: We don't want our religious leaders to stay completely out of politics. Imagine if slavery were still in vogue today, would we want our religious leaders to say, oh no, that's politics. No, we want our religious leaders to speak out about moral issues, about human issues, but ethical issues. And right -- what I think Cardinal Dolan is saying here is that Trump, in this case said some really despicable things about Mexicans. Not that Trump is a bad person. Or not that we shouldn't control our border that there shouldn't? No, but you can't say, oh, the people who are coming over are rapists and murders and oh, by the way, I assume that some of them are good people. That is bigotry and despicable. I think what Cardinal Dolan is saying is, hey, we don't need that. We've done that in the past.
BREAM: And of course, Trump will say this is being taken out of context, its being blown out of proportion. He said I'm doing great in pulling with the Hispanic, you know, voters. And you know he is trying to.
BREAM: Walked back.
MORRIS: He says a lot of things, but.
BREAM: He does say a lot of things.
MORRIS: They've got -- they have piatas in Mexico.
BREAM: That looks alike Trump, OK? So, I -- you know, I like to watch Donald Trump honestly. And he says things that are really true. Like, we need to control -- the situation right now on the border in the United States of America and the southern border is despicable. What was happening right now is we're saying, oh no, you can't come in, but watch this. We're going to let you come in and when you get in here, oh no, you can't get a job, but we're going to let you get a job. That is bad for immigrants and it's bad for the United States.
BREAM: Right, before we're out of time. I want to make sure that people check out your new book. And they can get light in your lives and how to be a light to others.
MORRIS: It's simply a practical way to say, here's a way to make a light in the darkness --that's the name of the book.
BREAM: And it's a great one. We'll be right back.
MORRIS: Thank you.
BREAM: We'll tweet out more information.
BREAM: Twitter is burning up tonight, lot of you not happy about this federal judge blocking the release of more these undercover abortion provider videos. Well, go to facebook.com/TheKellyFile; tell us what you think of the show. Thanks for watching, I'm Shannon Bream. Megyn is back on Monday. This is "The Kelly File."
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