This is a rush transcript from "The Kelly File," August 4, 2015. This copy may not be in its final form and may be updated.
MEGYN KELLY, HOST: Breaking tonight, the 2016 GOP presidential field is officially taking shape as Fox News announces the final lineup for this Thursday night's Republican primary debate live from Cleveland, Ohio.
Good evening, everyone. And welcome to "The Kelly File," I'm Megyn Kelly. Forty eight hours from right now we will be together about to start this thing and now we know who is in it. The 17 Republicans competing for a spot in this, the first republican presidential debate are now broken into two groups, those who appear at 9:00 p.m. Eastern and those participating in a separate debate just a few hours earlier beginning at 5:00 p.m. here on Fox.
In the later group, the 9:00 p.m. group is the top of the republican field right now including Donald Trump who polled at nearly double that of his nearest opponent recently. And former Florida Governor Jeb Bush who came in second based on an average of the five, most recent national polls. Not far behind Wisconsin Governor Scott Walker in the number three position. Former Arkansas Governor Mike Huckabee along with pediatric neurosurgeon Ben Carson and Texas Senator Ted Cruz. Cruz was actually tied with his Senate colleague. Florida republican Marco Rubio is in it while Kentucky Senator Rand Paul came in at eight.
New Jersey Governor Chris Christie also earning a spot in the top ten along with Ohio Governor John Kasich who took the tenth place spot at the last minute. Rick Perry had held it. Kasich had beat out the former Texas governor Mr. Perry who now leads the group of seven presidential candidates who will be debating here on Fox at 5:00 p.m. Eastern. Governor Perry is followed by former presidential contender Rick Santorum, former now again, Louisiana Governor Bobby Jindal. And the GOP's only female candidate this time around, Carly Fiorina, rounding out the group was some of the lowest numbers we've seen, South Carolina Senator Lindsey Graham, former New York Governor George Pataki, and former Virginia Governor Jim Gilmore.
Tonight, we are joined by two of the men who will be sharing the big group, Senator Ted Cruz and Governor Mike Huckabee. But first, we will speak with FOX News contributor and former chief presidential speechwriter Marc Thiessen along with the host of Fox News' "MediaBuzz" Howie Kurtz.
So, it's an exciting time. I mean, 48 hours from now those two guys that we just showed you along with eight others will be facing off with yours truly. Bret Baier and Chris Wallace and what will really be an important stage center for the rest of this campaign. And last night, Marc, they did so in a different kind of forum where before a New Hampshire group they went one by one and for a series of five minute intervals just sort of spoke in response to a question. Your take first of all on what we saw last night and what it telegraphs to us about what we are likely to see on Thursday.
MARC THIESSEN, FORMER CHIEF PRESIDENTIAL SPEECHWRITER: Well, first of all, I thought it was really interesting that the coverage of last night's forum was dominated by the one guy who didn't show up. Donald Trump. The big news, I mean, even not showing up, he is the center of attention. I mean, the big news yesterday was that in New Hampshire he is at 26 percent which is double his two closest rivals Jeb Bush and Scott Walker. So, he won by not even showing up. But we have an interesting insight into some of the candidates and how fleet they are on their feet and preparing for your questions, Megyn.
KELLY: It's like the movie "War Games." At the end Joshua, the only winning move was not to play. Trump figured it out before the other figured it out and he didn't show up and he won. Howie, the take away you tell me if I'm wrong, the reading about what we saw last night was Cruz calm, cool and collected and Jeb Bush, wow, he got hit. He got hit by a lot of people on his performance. Was it so bad?
HOWARD KURTZ, FOX NEWS HOST, "MEDIABUZZ": Well, a really bad moment for Jeb Bush in my view was when he stumbled over the question involving the name Bush. You would think by this time Megyn, he would be expecting and have that down.
KELLY: All right. Stand by. Let's show that to the audience. Stand by. I want to let you finish your thought but I want to show the audience what you are talking about. Here he is trying to sort of defend the Bush family name. Here it is.
(BEGIN VIDEO CLIP)
JEB BUSH, R-PRESIDENTIAL CANDIDATE: My dad is probably the most perfect man alive so it is really hard for me to be critical of him. In fact, I have a t-shirt that says, the Jeb swag store that says, I'm the -- my dad is the greatest man alive, if you don't like it I'll take you outside.
(END VIDEO CLIP)
KELLY: Go ahead, Howie.
KURTZ: That wasn't a sterling moment. You know, some candidates were road testing their lines. But overall Megyn, it stuck me as a kind of an exhibition game. And given the performance of some of these candidates, we can get into some of the other ones, they had better up their game before the season opener on FOX on Thursday night.
KELLY: Marc Thiessen, let me ask you about John Kasich. Because he made it into the tenth spot in a primetime debate on Fox. It's not to be all in the end all. Because we have a 5:00 debate, too. But it's an important spot because obviously the most eye balls are likely to take place at 9 p.m. It's a good hour of TV. What can I say? And so, Governor Kasich last night was in rare form and brought home the following message that you may hear them more on Thursday. Listen.
(BEGIN VIDEO CLIP)
GOV. JOHN KASICH. R-OHIO, PRESIDENTIAL CANDIDATE: Sometimes our problem is people don't necessarily think we get them. But you know, thank God that my father carried mail on his back.
(END VIDEO CLIP)
KELLY: And that is part of his appeal as the every man.
THIESSEN: Absolutely. I mean, I think he is one of the most interesting candidates to emerge recently. He's been overshadowed a little bit by the Trump juggernaut. But this is a guy who is a governor with a very strong record and he's an everyman, he's came from humble roots. I think we can do well to have our nominee be one a governor with executive experience and two, someone who is not a millionaire or billionaire. But someone who can relate to ordinary people. That's kind of like the area that Scott Walker has been trying to carve out for himself with the cold voters and that Kasich is trying to contend with him for that space in the electorate.
KELLY: That's exactly right. That's exactly right. Those two with the same message. And then we saw Ben Carson Howie, with a message. He's mentioned the s-word many times and he mentioned it again last night. What am I referring to? Watch here. Ben Carson, this is number three.
(BEGIN VIDEO CLIP)
BEN CARSON, R-PRESIDENTIAL CANDIDATE: A lot of people say, you know, the guy who made $10 billion and he paid a billion, he still has nine billion left. He can't handle that. We have to take more of his money. That's called socialism.
(END VIDEO CLIP)
KELLY: Not backing down from a claim he's made many times. It was some people find that very controversial that he mentions that as an approach he thinks the President's take. He doesn't seem to be worried about it.
KURTZ: Well, we consider that Ben Carson is the other major nonpolitician in the race. Donald Trump has really taken up a lot of the space that ordinarily would go to Dr. Carson. It's pretty amazing that he's finished in the top ten given that he has never run for any public office before. But Trump has so dominated the field that he has frozen the field. So, if you are Ben Carson, Rubio, Cruz, Paul, John Kasich who will make it in his home state of Ohio, you need in this debate to create a moment, not necessarily a zinger Megyn but something that attracts attention because all these other candidates have been pushed down to four, five, six percent are having trouble breaking through in the summer of Trump.
KELLY: Well, speaking of a moment, this happened today, not last night, but boy did it receive a lot of attention. Watch Governor Christie.
(BEGIN VIDEO CLIP)
GOV. CHRIS CHRISTIE, R-N.J., PRESIDENTIAL CANDIDATE: I'm a catholic but I have used birth control. And not just the rhythm method. Okay?
(END VIDEO CLIP)
KELLY: Keep it rolling. Keep it rolling. Keep it rolling and let's just take a look at the man who I think was a writer on media today has captured the nation's attention as the every man. He spoke for all of us. Let's do it again. Watch.
(BEGIN VIDEO CLIP)
CHRISTIE: I have used birth control and not just the rhythm method. Okay? So, you know, my church has a teaching against birth control.
(END VIDEO CLIP)
KELLY: He does speaks for all of us. Marc Thiessen, I ask you whether this is the kind of moment the candidate should be seeking.
THIESSEN: Yes. Chris Christie's campaign theme is telling it like this. I think he is -- to telling us too much.
THIESSEN: And this is shame because --
KELLY: I didn't need that image in my head.
THIESSEN: And this is shame because he had a great performance the other night. He really did well in the candidate forum. And this is just, you know, he is oversharing, shall we say.
KELLY: He's lessen up. You know, he lessen up, a little too much. All right. Now, let me ask you this. How before we go, Howie, how big a deal do you think this Thursday night debate is?
KURTZ: To use a Donald Trump word, huge.
KURTZ: I mean, I have never seen such interest at this relatively early stage of the campaign in a single debate a lot of that is driven by Trump. Those will be the Trump show. The headlines will be, how did Trump do and how did everybody else do. Because there are so many candidates and these are the top ten, you know, you can have a moment where you get a lot of positive attention or as we just saw. And a Governor Christie said, am I washed up repeating the negative premise of the question you can get negative attention and I think, you know, there are other debates that will follow but this one is going to set the tone for who can be seen as a plausible president and who can compete with the Donald.
KELLY: Marc Thiessen, even President Obama came out today and told Democrats they need to watch this debate. Is it that important? I mean, I don't mean to under sell us in the FOX News, but do you believe it is that important?
THIESSEN: It is, absolutely. It is the start of the campaign. I mean, this all, this has been gearing up. We have seen the rise of Donald Trump and the rest of it. But now he's going to be tested. You know, I don't think you will going to let him get away with generalities on Thursday night, Megyn. And the fact is, he is the frontrunner, he is way ahead of the pack but the political graveyard is filled with the bodies of people who stumbled in debates.
KELLY: Hmm. It's fascinating. Can't wait. Going out to Cleveland tomorrow, we're having our all day debate meeting tomorrow and will put the bells and whistles on it on Thursday and then it is go time. It's nice to see you guys.
KURTZ: See you Megyn.
KELLY: And in case you hadn't heard the FOX News GOP primary debate were partnering on Facebook is Thursday night at 9:00 p.m. Eastern Time. I will be moderating along with Bret Baier and Chris Wallace. And then of course stay tuned for the real show. That debate seems good too. "The Kelly File" which will be live at 11:00 p.m. Eastern Time, live with Cleveland with complete analysis. We have got Brit Hume, we've got Charles Krauthammer, we got them all, the first big test of the 2016 election season.
Well, when the critics were done writing up the report cards on last night's candidate form in New Hampshire, they gave very high marks to one man in particular, Senator Ted Cruz is that man and he will join us next on his strategy for Thursday.
Plus, new fallout after a federal judge demands that Hillary Clinton come clean on the record under oath over her private e-mail server. Governor Mike Huckabee is also here. He will weigh in on Mrs. Clinton's ongoing e-mail scandal and his decision to not take part in last night New Hampshire forum.
Plus, new fallout from the arrest and death of Sandra Bland. As Mark Eiglarsh and Arthur Aidala joins us on what a new lawsuit her family has now filed against the police who arrested her but did not kill her means for this case.
(BEGIN VIDEO CLIP)
GENEVA REED-VEAL, SANDRA BLAND'S MOTHER: I am still confident in the fact that she knew enough about Jesus that she would not take herself out.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
SEN. TED CRUZ, R-TEXAS, PRESIDENTIAL CANDIDATE: The American people are frustrated, they are frustrated because we keep winning elections. In 2012, we won the House, in 2014, we won the Senate. And we don't have leaders who follow their commitments. And I will tell you the sad reality. My time in the Senate, what I have tried to do more than anything else is two things, tell the truth and do what I said I would do, stand against the Washington cartel.
(END VIDEO CLIP)
KELLY: Well, that was Texas Senator Ted Cruz at a political forum in New Hampshire where nearly all of the 2016 GOP presidential contenders got a chance to address voters directly. And where Senator Cruz earns some praise for his performance, perhaps raising the bar for Thursday evening. Senator Cruz joins us now. Senator, good to see you tonight. And so, a lot of people may not know that you were a debate champion at Princeton and in addition to that, a solicitor general down in Texas where you argued for a living and you got pressed with hard questions from smart judges. So, you have been at this rodeo before. How confident do you feel going into Thursday?
CRUZ: Well, Megyn, I think the debate is going to go well and certainly hope it will. And I think it is a continuation of the debate we have been having for a number of months which is what is the right direction for the Republican Party? How do we win? And how do we turn the country around? You know, there are a lot of voices in Washington that argue every four years that we have to run towards the mushy middle, that the way we win is not really standing for much of anything. And every time we listen to those voices, we lose. Every time we run as democrat light, we lose. I'm convinced 2016 is going to be an election very much like 1980 and that we are going to win by following Reagan's dictum of painting in bold colors and not pale pastels.
KELLY: Uh-mm. Did you strike some sort of a deal with Donald Trump? Because you came in New York, you met with him. Now, a lot of people believe you have some sort of a deal either that you might team up in the debate and you won't criticize him and he won't criticize you.
CRUZ: Donald and I have been friendly for a long time before he was a presidential candidate. I expect that we will remain friendly after he is a presidential candidate. And I commend Donald for sticking out.
KELLY: You didn't answer my question.
CRUZ: No, that there was no deal. But we have met a number of times and a lot of the republican field, as you know, have fallen all over themselves to smack Donald with a stick. They really are frightened by what he is saying. And not only have I refused to do that but I have commended Donald for having the courage to speak out and in particular to shine the light on the problem of illegal immigration. The illegal immigration is something I've been leading --
KELLY: If you like him so much, why don't you get out and let him run?
CRUZ: Well, illegal immigration is something I have been leading the fight on for a long, long time. In the Senate when the gang of eight amnesty bill was brought forward I was proud to help lead the fight to stop the gang of eight bill. Jeff Sessions and I stood side by side to stop it. You know, when you are dealing with sanctuary cities, when you're dealing with the crimes that come from illegal immigrants, I have been dealing with that and fighting against that for over a decade. And so, I welcome any effort to shine light on the problem of the Obama administration --
KELLY: Let me ask you about that. One of the reasons that you didn't actually go to New Hampshire last night is because you wanted to be at the Senate for a vote to defund Planned Parenthood.
KELLY: It didn't ultimately succeed. You had 53 votes, but you need 60 to overcome the Democrats. Anyway, the point is Elizabeth Warren, democrat and some want her to run for president, took to the floor and she went after the Republicans who are pushing it. Here is what she said in part. Here's a short version.
(BEGIN VIDEO CLIP)
SEN. ELIZABETH WARREN, D-MASS.: I come to the Senate floor to ask my republican colleagues a question. Do you have any idea what year it is? Did you fall down, hit your head and think you woke up in the 1950s or the 1890s? Should we call for a doctor?
(END VIDEO CLIP)
KELLY: Saying what kind of crazy people would want to defund women's health care. That's as she frame the issue.
CRUZ: Well, you know, Megyn, that video illustrates just how radical and extreme today's modern Democratic Party is whether Elizabeth Warren or Barack Obama or Hillary Clinton. Every one of them embraces radical unlimited abortion on demand and every instance, partial birth abortion, no parental notifications, tax payer funding. And I got to say, in the wake of this Planned Parenthood videos, yet another one came out, just in the past few hours, they are horrifying. They show Planned Parenthood officials laughing, sipping chardonnay and with no compassion, no heart, bartering and selling the body parts of unborn children. These are felonies.
These are felonies that carry with them long criminal sentences. If we had fair and impartial law enforcement at the Department of Justice, we should open an investigation and prosecute these Planned Parenthood officials. We should prosecute Planned Parenthood and it really is striking that the democrats are willing to embrace your and my taxpayer funds going to fund this organization, an ongoing criminal enterprise.
KELLY: Wow, you know -- they say that it is the largest health care provider for women for birth control, for cancer screening. And we are having that debate later. But I wanted to get your reaction to your colleague who want to know if you fell down and bump your head and you look fine. But we'll find out for sure about that. It is over between us, Senator. But we -- it will be continued in 48 hours. And I will see you in Cleveland.
CRUZ: Very good. Thank you, Megyn.
KELLY: All the best to you.
Well, we reached out to the Hillary Clinton campaign after a federal judge has now demanded that Mrs. Clinton and her top aide come clean on the record under oath about her private email server.
Chief White House correspondent Ed Henry has the response now. Plus, Governor Mike Huckabee joins us in just a moment with some thoughts on this e-mail scandal and he is here right after this break on the very latest.
And then a dramatic development in the case of a campus cop who shot and killed a man during what appeared to be a routine traffic stop. See why the police union is now arguing for this officer who has been charged criminally with murder to get his job back.
KELLY: Developing tonight. Hillary Clinton's campaign refusing to comment after a federal judge demands that Hillary Clinton and two of her most trusted aides go on the record under penalty of perjury about the private e-mail server that Mrs. Clinton used while secretary of state. And we have breaking news on Mrs. Clinton's poll numbers tonight.
Chief White House correspondent Ed Henry live in Washington. Ed.
ED HENRY, FOX NEWS CHIEF WHITE HOUSE CORRESPONDENT: Well, Megyn, I have e-mailed and pressed for comment from the Clinton camp on this very serious order from U.S. District Judge Emmet Sullivan declaring that under the penalty of perjury, Hillary Clinton and her top aides must turn over all government records in her possession in describing further detail, their use of that private e-mail server to conduct official business. This comes as Clinton takes her biggest hit in the polls yet.
Breaking news tonight, Bernie Sanders now in a virtual tie with Clinton in New Hampshire. This new poll by WMUR Sanders has 36 percent to Clinton's 32 percent. The six point gap as you can see but the margin of error is 5.9 points. So, the former secretary of state is now basically tied with the socialist democrat. She is even losing support among white women, as well, according to the "Wall Street Journal" NBC News poll. Fifty three percent of white women say, they have an unfavorable view of Clinton, 34 percent say they have a favorable view of the woman running to be the first female president.
So, she is rushing the deal with this enthusiasm problem. Very telling that our first two TV ads out today talk mostly about her mom as she is doing this outreach to female voters. Sanders rise by the way, may provide an opening for Vice President Joe Biden, we've talked about this. But he's only at five percent in this New Hampshire poll tonight. But the Vice President's brother Frank today told the Palm Beach post, Go Joe Go. So, he is getting some encouragement.
KELLY: Yes. Go Joe Go. You got Ridin' with Biden. You got Burn Bernie Burn and whatever -- I don't know.
HENRY: Feel the burn.
KELLY: Feel the burn. Good to see you, Ed.
HENRY: Good to see you, Megyn.
KELLY: Joining us now, the man who earned himself the number four spot on the stage for the 9 p.m. FOX News republican debate in Cleveland on Thursday, Governor Mike Huckabee.
Governor, not a bad showing for you going into Thursday night. I want to speak with you about Hillary Clinton though before we get to Thursday. You are from Arkansas. She's from Arkansas sort of and was the first lady there before she was the first lady of our nation. And now, many are asking about whether the FBI should be in her house in Chappaqua wherever she now has that private e-mail server and seizing it similar to what they did to General Petraeus because now we know it has classified information on it and it is still unsecure.
MIKE HUCKABEE, R-PRESIDENTIAL CANDIDATE: If they don't then they have a lot of apologies to make for thousands of Americans who have had their e-mail servers confiscated by federal authorities for things far less important than sharing classified secrets of national security on an open server. Let's be clear. Hillary Clinton was eight years the first lady of the United States. Eight years the U.S. senator, four years secretary of state. She can't say, look, you know, I didn't have these kinds of laws in Arkansas, so therefore it doesn't matter. She was also a partner in one of the most prestigious law firms in the south all during that time as first lady. She is a lawyer. She knows better. But I think the big challenge for her Megyn is going to be, how does she explain to the American people that she wants to be president so that we can all live under the same rules. That is going to be a tough sell for her.
KELLY: This judge, Judge Sullivan who was appointed by her husband, by the way, he's a Bill Clinton appointee came out and let her have it because she hasn't produced documents for years that have been demanded under our laws that she was obligated to produce. So he turned to the State Department and he said as follows, as related to the Freedom of Information Act request in this case, he says, the government is ordered to request that Mrs. Clinton, Miss Abedin and Miss Mills confirm under penalty of perjury that they have produced all responsive information that was or is in their possession as a result of their employment at state. He is making them do it, Governor, under oath. You better tell me that you produced everything. And if you haven't you better certify that. It's the first time anybody's made or do that. Do you think the American public could ever believe that Hillary Clinton may have committed a crime or that she would ever tell a non-truth under the penalty of perjury?
HUCKABEE: Well, that's what makes this so very significant. This is not just the "New York Times" hammering her or somebody from FOX News going after her. This is a federal judge who is threatening the full weight of the law if they don't tell the truth. Perjury, as you know, you are a lawyer, it's a serious crime but it is also serious not to follow the law when it comes to keeping federal records and not following the law when it comes to making sure that secret and classified information of national security is kept that way.
KELLY: Yes. We saw General Petraeus are resident charge --
HUCKABEE: -- comes after her it is serious.
KELLY: You know, for less than what she is being accused of but she denies it for now. Governor, let me ask you about 48 hours from right now. Forty hours from right now, we're going to be at it. Mano -- what's the word for lady in Spanish? I should know that. I'll figure that out.
HUCKABEE: Look, you and I don't have a good history going after definitions and manuduction (ph), so let's not go there.
KELLY: I don't know what you are referring to.
HUCKABEE: Yes, you do.
KELLY: What's your debate strategy? How do you prepare between now and then? Can you cram for this kind of thing? Do you even need to?
HUCKABEE: Well, you certainly need to prepare for all the things you think you may be asked just to kind of refresh your mind with the numbers, the figures. But I will tell you what I really think that works for me and that is to be authentic, to know what I believe, you know, to spend some time in prayer, spend some time not thinking about the debate. I'm not going to spend all day Thursday, you know, focused on the materials. I am going to go to the rock and roll hall of fame, I'm going to keep my mind free and loose. I'm going to go in there to have fun. I'm going to go in there and listen to whatever and any questions you and Chris and Bret throw at me and then I'm going to try to do my best to communicate to the American people and have a good time. And I hope that America sees that Republicans have a pretty darn good field of candidates to choose from.
KELLY: That sounds like a great strategy. It really does. Go and have fun. Because that's -- as tough as it is going to be and it's going to be a robust back and forth, it should be fun, it should be fun for everybody there. I mean, it's only the presidency on the line. But it should be a good time anyway. Great to see you, sir.
HUCKABEE: Thank you. See you Thursday.
KELLY: All right. All the best, Governor.
What do you think? You looking forward to it? Are you going to tune in? Do as Barack Obama said and watch FOX News.
Meantime, there are new discoveries tonight in the ongoing search for Flight 370 as they turn up what could be the most important lead yet on the way to confirming whether this debris from a jetliner is from MH-370. Plus, Planned Parenthood is trying to defend itself against yet another embarrassing new video. You heard Ted Cruz reference it that some critics are calling the worst one yet. We'll show you why. And then Dana Loesch and Richard Fowler weigh in on the controversial admission the White House just made about these videos.
(BEGIN VIDEO CLIP)
JOSH EARNEST, WHITE HOUSE PRESS SECRETARY: There is no doubt that's what is depicted on these videos is shocking. I know that based on news reports that I've read about the videos, I haven't actually looked at them.
(END VIDEO CLIP)
UNIDENTIFIED MALE: From the World Headquarters of Fox News it's the Kelly File, with Megyn Kelly.
KELLY: Developing tonight, fallout from a brand new under cover video targeting a Planned Parenthood location in Texas. Like others before it, it is extremely graphic, even detailing how doctors can "get creative" with abortion procedures to get the bodies more in tact. Critics argue this is just further proof that the organization is profiting off the sale of dead fetuses. But Planned Parenthood denies any wrong doing. Shannon Bream reports from Washington, Shannon?
SHANNON BREAM, WASHINGTON: Megyn, this is the fifth release from a Center for Medical Progress showing a woman CMT identified as Melissa Ferrell. They say she's Director of Research at Planned Parenthood Gulf Coast. Talking with actors, posing as fetal tissue buyers who ask if abortion procedures can be changed, in an effort to get the most beneficial results for the buyers.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: So if we alter our process and we are able to obtain in tact fetal cadavers, then we can make it part of the budget that any dissections are this and splitting the specimens into different shipments, that's all just a matter of line items.
(END VIDEO CLIP)
BREAM: Federal law requires abortion providers to guarantee they will not alter the timing, methods, or procedures used to terminate a pregnancy solely for the purposes of obtaining tissue. The videos as you know have sparked efforts on Capitol Hill to take taxpayer dollars away from Planned Parenthood. Well, that was shot down in the Senate last night. Here are both sides.
(BEGIN VIDEO CLIP)
SEN. HARRY REID, R-NEV., MINORITY LEADER: It's our obligation to protect our wives, our sisters, our daughters, our granddaughters, and protect and observe policies. The Republican Party has lost its moral compass.
SEN. RAND PAUL, R-KY., PRESIDENTIAL CANDIDATE: This is about taxpayer funding of a gruesome procedure, not just any old abortion, but an abortion of a fully formed baby, where the baby is manipulated and turned around to harvest the baby's organs. I think it's particularly horrific.
(END VIDEO CLIP)
BREAM: Planned Parenthood maintains that it has done nothing illegal and does not profit off the transfer of the fetal organs and tissues. As the organization's president, Cecil Richards said in an interview published in the New York Times today, she says the tactics used to record the undercover videos amount to "depravity," Megyn?
KELLY: Shannon, thank you.
Well, the White House has been quick to defend Planned Parenthood against the videos, but just yesterday, Press Secretary Josh Earnest made an admission that is getting some attention. Watch.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: There is nothing in these tapes that bother you and anyone in the White House?
EARNEST: Jake, I have got to tell you, these videos were released because of their shock value. And there is no doubt that what is depicted on the videos is shocking. I know that based on the news reports I have read about the videos, I haven't actually looked at them.
UNIDENTIFIED MALE: The whole video is put on the website of this antiabortion group that put them out. You don't have to watch just the edited version. You can watch the whole version.
EARNEST: Listen, I am relying on news reports that I've seen of people who have taken a look and raised questions about the videos themselves.
(END VIDEO CLIP)
KELLY: Dana Loesch hosts Dana on the Blaze TV, and Richard Fowler is a Nationally-syndicated Radio Host. Really, Dana, really? Like his boss, he learns about these things from the news reports, but that didn't stop him from going out there to defend the organization in the videos.
DANA LOESCH, HOSTS DANA ON THE BLAZE TV: Yeah Megyn, an educated person would perhaps -- I don't know maybe just wait until they have watched the videos so they know what they are defending or what they are denying. But they are doing this all for plausible deniability, they want to act ignorant of the circumstances so that they cannot be condemned along with Planned Parenthood when the time comes. And they're not, Megyn, the President and so many Democrats in Washington, D.C. they are not going to criticize their gravy train. Planned Parenthood has spent so much money to get this President elected and re-elected to the tune of millions of dollars. So they want to be hands-off, they don't want to criticize Planned Parenthood.
KELLY: Richard, can I tell you that some of the earlier videos have raised issues about legalities. But man, this one comes the closest to proving it explicitly. You heard Shannon. Her report was dead on. You are not allowed to alter the abortion procedure solely in order to gain body parts from the aborted fetus. This woman is on tape saying very clearly they do it in a way they can get the best specimens. I know it can happen and it contributes so much to the bottom line of our organization.
RICHARD FOWLER, NATIONALLY SYNDICATED RADIO HOST: Like I said, I don't think this lady speaks to the entirety of Planned Parenthood. And I think by just focusing on these three or four videos, you negate the fact that 2.7 million women each and every year -- low income women go to Planned Parenthood for pap smears and cancer screenings.
KELLY: And birth for control that helps prevents unwanted pregnancy. That is all true.
KELLY: Ok, let's concede that Planned Parenthood does a lot of good for young women and minority women and low income women in particular. What about this issue, Richard? Does that wipe out that they may be committing a violation of law?
FOWLER: I think we have to wait for the courts to figure that out, to dice that out, Megyn.
KELLY: What court is going to do it? Who's looking into it? Because the White House and everybody else, Dana is saying there is -- the only people who should be investigated are the ones doing the videos.
LOESCH: There is clear illegality in these videos. And I have to correct Richard on something, Planned Parenthood they -- maybe they provide 2.1 million women fragmented health care. They don't even do mammograms. They don't offer prenatal. They do not do mammograms.
FOWLER: I said they do pap smears.
KELLY: They do help a lot of -- hold on, hold on.
LOESCH: You are not going to monologue over me, Richard.
KELLY: But they clearly help a lot of women who can't otherwise afford it.
LOESCH: Community health centers help. Community health centers all around the country do more. It is 21 million.
FOWLER: That's not true.
LOESCH: We can debate all day long.
KELLY: Dana, can you speak to the illegality, the alleged illegality? Because what we see here is the left and the Planned Parenthood-supported lobby saying there is no there, there, everything needs to be ignored. And as the evidence mounts, video after video, I realize there may be some fatigue. What they are saying is very problematic legally.
LOESCH: You are absolutely right, Megyn. This is perhaps the most legally damming video of all of them. They are on tape clearly discussing two separate things, they're discussing compensation which they repeat over and over again, and they talk about how it's benefited their bottom line. That is discussing making a profit. And then they discuss changing up the procedure, which is a felony. Once you start the abortion, you don't switch up the procedure so that for the buyer you get an "intact specimen." That is illegal.
KELLY: Richard, are you not disturbed at all? And the discussion about how they maneuver it to get a full baby out?
FOWLER: There is no question that this video is shocking. I think if you talk to the president of Planned Parenthood, she said that herself, this video is shocking, but there are a couple of points that need to be corrected for the record. Number one, the Hide Amendment, which is the amendment that says taxpayer dollars cannot go to abortions, is still in place. That means none of this is taxpayer money. And number two, Dana, don't need to monologue over me.
LOESCH: I'm returning the favor.
FOWLER: You're welcome. Beyond that I think the point is that what Planned Parenthood does each and every day is they provide alternatives for women to get the healthcare that they desperately need. This one video doesn't speak to the entirety of the organization, not to mention that the far right group that did this video, the person on their board is connected to violence against abortion clinics. So there is flaw in the videos themselves.
KELLY: The videos are posted online and they leave it up -- they didn't make doctors say this.
FOWLER: No question it is shocking.
KELLY: And talk about baby crushing. And all we are hearing so far is investigate the videographers. I got to go. Good to see you both.
LOESCH: Thank you, Megyn.
FOWLER: Thank, Megyn.
KELLY: Well, we also have big developments tonight in three cases involving police under fire. First, a college professor accuses a state trooper of racial profiling, and then police played the dash cam audio and we have it.
Plus, there is new fallout from the arrest and death of Sandra Bland, after her family files a big new lawsuit.
And then a surprise twist in the case of that university cop charged with murder after a routine traffic stop went very wrong. See why his union, not withstanding the criminal charges, now wants him reinstated. Arthur Aidala, and Mark Eiglarsh, Marthur, join us in all three cases next. I love it.
KELLY: New developments tonight in the case of the controversial arrest, and death of Sandra Bland, as her family files a big wrongful death lawsuit despite autopsy results showing that Ms. Bland killed herself in a jail cell three days after she was arrested in routine traffic stop. Arthur Aidala is a New York Trial Attorney, and a Fox News Legal Analyst, Mark Eiglarsh is a Criminal Defense Attorney and Former Prosecutor. So this is a woman who was arrested down in Texas and then she went to jail and then she hanged herself in jail. And now, Arthur, her family is suing the jail guards and the guy who pulled her over. How do they say that he caused her death?
ARTHUR AIDALA, FOX NEWS LEGAL ANALYST: Well, the guy who pulled her over I don't see the foreseeability. There has to be foreseeability. If I pull someone over and I place them under arrest, that they're going to kill themselves, so there is nothing there. In terms of the guards, she did fill out a form where she indicated she tried to kill herself within months before that. So at least they -- without having a red face, put the paperwork in saying it was foreseeable she may have killed herself because she put them on "notice" which is the key word that she may do that.
KELLY: So Mark, they were supposed to see that she would use the bag in the trash can to hang herself?
EIGLARSH: Well, possibly. I agree with Arthur. You don't have a trash bag in there when she claims she is suicidal. But suing the officer for her tragic demise, let's sue Ace Hardware after we slam ourselves with a hammer. There is no accountability here, it's frivolous.
KELLY: All right, let's talk about this next case, because this one officer Ray Tensing is accused of killing Sam Dubose in a traffic stop again, University of Cincinnati's campus, this is just last week. He pulls him over and then Sam Dubose starts the car rather than comply and by giving his license and all that. And then the officer shoots him in the head and Sam dies. The officer has been charged with murder, and now his police union is coming out, Mark, and saying he has been fired. They are saying he should get his job back. How can you be charged with murder for your actions on the job and get your job back?
EIGLARSH: Police union -- listen, there are some battles not worth picking. This is one of them. His credibility if he were to testify in other cases, assuming he is back out on the street, god forbid, would be ridiculous. We would destroy him. We know the video doesn't support what he is alleging.
KELLY: But wait, Arthur on the other hand, what if this happened to Officer Darren Wilson in Ferguson, Missouri. Accused of murder, perhaps if they had fired him and then the police union there said hold on, he deserves due process and sure enough, they would have been totally right.
AIDALA: Correct. But you have to judge it based on the facts that you have. And the facts that we have is there is a video that shows the facts in Michael Brown and the facts here are totally different. If I am this guy's lawyer in Cincinnati, I am tackling him, begging him not to do this, I'm saying let's find the best experts to figure out a way to tell a jury you are in fear of your life and that is why you acted the way you did. Forget about your job. That should be the bottom of your list of priorities, staying out of jail for the rest of your life should be at the top of your list.
KELLY: All right. We've got to talk about this one. I wanted to leave enough time because it is egregious. A college professor, Capitol Community College in Hartford, Connecticut was pulled over by a state trooper. She was so ticked off, he accused her of an illegal lane change. She was so ticked off, she wrote a letter saying he asked me if I could speak English and if I knew why he stopped me. I said yes I spoke English, I said no I didn't know why you stopped me. The officer -- this is her complaining to her boss, the officer did not give me any reason as to why he stopped me and his asking if I can speak English shows he shows he racially profiled me. And then she goes on to say I teach diversity and the negative impact of racial profiling, I've now become a target of this insidious behavior. She wanted action taken against him. And Mark, why don't you tell the audience what the audio released by the police of the actual encounter shows.
EIGLARSH: It doesn't show what she's alleging. It was pure fiction. He told her exactly why he pulled her over. He never said do you speak English. She lied. And so to charge her criminally is exactly what should be done.
KELLY: She made it up, Arthur. At no point does he ask if she speaks English.
EIGLARSH: You better not.
AIDALA: For both Mark and I and the world that we live in, this is so frustrating to us. She should be treated like a criminal. And any "victim" who is caught red-handed like this lying, filing a false insurance, it happens all the time in domestic violence cases, he's outside the door right now coming to get me, and he's got tickets that he's in Hawaii and they never...
KELLY: Just a reminder that allegations are just allegations. Good to see you both.
KELLY: Up next, the latest on Flight 370.
KELLY: New and potentially very telling debris turning up in the search for Malaysian Airlines Flight 370, nearly a year and a half after that plane carrying 239 people went missing. Trace Gallagher has the story. Trace?
TRACE GALLAGHER: Megyn, the latest find on Reunion Island is a piece of plastic that resembles the inside lining of an airplane window. But no one is even close to saying that's what it is. Remember, two days ago they found a piece of metal that also appeared to be part of the wreckage, but it turned out to be a house hold ladder. We are just hours away from aviation experts in Toulouse, France starting to analyze the Boeing 777 flaperon that was found last week on Reunion Island. This seven foot section of the trailing edge of the wing is almost certainly from MH-370 because it is the only 777 to ever crash into the ocean. So the investigation will focus on more than just identifying the piece, experts will also be using state-of-the-art forensic technology that could show whether the plane crashed in the sea or broke up in flight. In other words, did it fall off, or was the piece ripped off? What they won't be able to find is why the jumbo jet veered wildly off course and then disappeared from radar. It's also unclear how long their analysis will take. But separately, oceanographers are analyzing models showing the trade winds and ocean currents over the past 16 months in the Indian Ocean, with the hope of being able to retrace how far the debris drifted and possibly get a better idea of where the jet went down. Experts warn that it's a very difficult thing to pinpoint. And for now, search teams still have a high degree of confidence that the area they have been searching for several months is still the impact zone, Megyn.
KELLY: Trace, thank you. We'll be right back. Don't go away.
KELLY: This is it. Tomorrow night, we are live in Cleveland, with a special edition of the Kelly File. At that point, there will be 24 hours to go before the big Fox News GOP Primary Debate. And we've got a huge line up for you that night. We've got Charles Krauthammer -- no tomorrow night, we've got Charles Krauthammer, we've got Dana Perino, and we've got Chris Stirewalt, Ann Coulter, many more. Go to foxnews.com/thekellyfile. Follow me on Twitter @Megynkelly, let me know what you would like to hear asked on Thursday night. See you tomorrow.
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