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Kelly File

Megyn Kelly addresses the Donald Trump debate controversy on 'The Kelly File'

This is a rush transcript from "The Kelly File," August 10, 2015. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Breaking tonight, a state of emergency in Ferguson and St. Louis, Missouri as those cities brace for a possible second night of violence.

Welcome to "The Kelly File," everyone. I'm Megyn Kelly. We'll get to Missouri in a moment.

But first, I just got back from a weekend at the beach with my husband and my three kids. Did anything happen in the news while I was gone? Did I miss anything? You may have heard there was a dust up involving yours truly and presidential contender Donald Trump. Mr. Trump was upset with a question I asked him at the debate last week about his electability. And specifically comments he has made in the past about women. A few words on that.

Apparently, Mr. Trump thought the question I asked was unfair and felt I was attacking him. I felt he was asked a tough but fair question. We agreed to disagree. Mr. Trump did interviews over the week that attacked me personally. I've decided not to respond. Mr. Trump is an interesting man who has captured the attention of the electorate. That's why he is leading in the polls. Trump who is the front-runner will not apologize and I certainly will not apologize for doing good journalism. So, I'll continue doing my job without fear or favor. And Mr. Trump, I expect, will continue with what has been a successful campaign thus far. This is a tough business and it is time now to move forward. And now, let's get back to the news.

Breaking tonight, the city at the center of the Black Lives Matter Movement is bracing for a possible second night of violence. This comes exactly a year after an officer shot Michael Brown in Ferguson, Missouri, as Brown rushed the officer after trying to grab his gun. Protesters marked the day ended in chaos last night and now that chaos is spreading. Earlier, some protesters were seen rushing a courthouse in St. Louis to demand the Ferguson Police Department be disbanded. While others were making their voices heard while blocking off traffic in a major interstate during rush hour just a couple of hours ago. And now there are worries about a repeat of what we saw last night. Listen.

Police estimate some 40 to 50 shots being fired between two rival groups in Ferguson in the middle of a swarm of angry protesters, the media and the police. But that was just the beginning. At almost the same time as that shooting, police got into a gun fight with a young man they had been tracking throughout the day and who allegedly fired right at their vehicle when they crossed paths. Check out the bullet holes here. Look at this.

That young man who was apparently a friend of Michael Brown's is now in critical condition after the incident. After facing a list of felony charges. And while some activists point to yesterday's primarily peaceful demonstrations and say there's no reason to think things will get tense tonight. To give you a sense of the mood of some of these protesters, check out this picture. Look at this. Would you look at this? It was taken on Saturday. In case you're wondering what you're looking at, it is a roasted pig with #Darren Wilson scrawled on the side. Darren Wilson is the officer who shot and killed Mike Brown who was completely exonerated of any crime and indeed, who was the victim of Michael Brown and not his attacker, though you wouldn't know it, looking at that picture.

We're joined tonight by former LAPD detective Mark Fuhrman, Jenkins is on the streets in Ferguson, and Trace Gallagher is at the breaking news desk to get us up to speed in the last 24 hours. Trace.

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Megyn, even those who live in St.  Louis County are unsure about what might happen. Tonight one man says, it is like your city is about to get hit by a hurricane but you don't know if it is a category one or a category five. By declaring a state of emergency, police acknowledge they do expect disruptions. They just don't know how severe. Listen to what some of the protesters were saying last night before the violence broke out.

(BEGIN VIDEO CLIP)

(Chanting)

UNIDENTIFIED FEMALE: We're ready for what?

PROTESTERS: We're ready for war.

UNIDENTIFIED FEMALE: We're ready for what?

PROTESTERS: We're ready for war.

UNIDENTIFIED FEMALE: We're ready for what?

PROTESTERS: We're ready for war.

UNIDENTIFIED FEMALE: We're ready for what?

PROTESTERS: We're ready for war.

(END VIDEO CLIP)

GALLAGHER: Ready for war. Then hours after mostly peaceful demonstrations, the tension level increased. Rival groups showed up with guns. And when the shots rang out, cameras were rolling. Watch again.

(BEGIN VIDEO CLIP)

(Gunshots)

UNIDENTIFIED MALE: Behind the engine block. Behind the engine block.

(END VIDEO CLIP)

GALLAGHER: Police say, among those shootings was 18-year-old Tyrone Harris. When plain clothes police officers in an unmarked SUV started chasing Harris, they say he pulled out a stolen gun and the gun shooting at them striking the vehicle several times. Detectives then got out of the SUV but they claim the suspect kept firing. The officers returned fire, hitting Tyrone Harris multiple times. Today protest groups defended the suspect saying that sending in plain clothes police officers was a mistake because, quote, "It made it difficult for people to identify police officers which is essential to the safety of community members." They were also angry the officers did not have body cameras to document exactly what happened. Harris' parents say he wasn't shooting at police. He was running for his life like everyone else. The St. Louis County police chief made it clear, Tyrone Harris is part of an ongoing problem. Listen.

CHIEF JON BELMAR, ST. LOUIS COUNTY POLICE DEPARTMENT: While this is a tragedy for the family of this man and certainly for the officers involved, and it is truly a tragedy, there is a small group of people out there that are intent on making sure that we don't have peace that prevails.

GALLAGHER: In protests late today, more than 50 people got arrested.  Mostly for illegally crossing barriers -- Megyn.

KELLY: Trace, thank you.

Joining me now for more, Fox News contributor and former LAPD homicide detective Mark Fuhrman. Mark, good to see you. And so, here we go again.  I mean, the image of that pig with Darren Wilson's name on it. When President Obama's and Eric Holder's own D.O.J. came out and said that cop did nothing wrong. That cop was the victim being attacked and look at this. Look at it.

MARK FUHRMAN, FORMER LAPD HOMICIDE DETECTIVE: Well, Megyn, it clearly shows that there is no evidence, there is no facts, there is no investigation, even when you have the Justice Department with Eric Holder wanting very much to indict Darren Wilson, and he could not. There is no investigation that is going to satisfy this group, Black Lives Matter. And I would like to say that this suspect Harris, when he turns on this van, whether it is citizens or police and he starts opening fire, his life doesn't matter. The people inside of that van, their lives matter. He made a choice. He made the wrong choice. He hit a bees' nest and it came back and stung him.

KELLY: They are already claiming, the family of this young man and others, that this was an execution. And that the cops had no business shooting him. In fact some are actually now complaining about plain clothes detectives saying that being in plain clothes invites confusion in a protest situation.

FUHRMAN: Well, Megyn, is that confusion on who to shoot? That it is okay to shoot regular citizens but we don't want to shoot police in plain clothes? And what is this young man doing carrying a firearm to a peaceful demonstration? The father said he didn't have a gun. Of course, he doesn't know and he wasn't there. His son did have a gun. The gun was stolen. He did return fire. He faced the officers and shot at them. He shot at them repeatedly and engaged twice and he got shot. I mean, those are the facts. And as long as we have people that aren't willing to see the facts. Just like in Baltimore. They indict five cops. Does it do any good? No. They're still on a quest to have the biggest murder rate in the history of Baltimore. It doesn't matter what you do. You're not going to appease these groups. They're doing this strictly along racial lines.

KELLY: And not only that, but we were told a year ago in Ferguson, Missouri, that the real problem was the disparity in the race situation.  So while Officer Wilson was completely exonerated by the D.O.J., the Ferguson P.D. as a larger group, the Ferguson City council, the government structure was not. And they came out saying, it is disproportionate to the black population in this area. And something needs to be done about it.  So something was done about it and now they really changed the numbers in Ferguson, Missouri, Mark, to where it is much more even. They have more work to do in the police department. But in terms of the city council, it is now half black. And they've done a lot of improvement in terms of the numbers at the city council and government level. And yet, here we are again and once again, they're claiming that the police are out to get these law-abiding citizens who are just minding their own business except when they're firing guns into police cars.

FUHRMAN: Well, Megyn, when I watched the footage from last night, I don't see many lawful demonstrations. Stopping traffic is not a lawful demonstrations. Stopping pedestrians is not a lawful demonstration.  Stopping regular traffic on sidewalks in front of buildings. That is not lawful demonstrations. And they should enforce it. And you know, when you allow some kind of, you know, leeway, they just take more and more. And now we have people that are not on the city council and they're not on the police department, no matter how represented the black community is. They are not there. You're dealing with gang members and street drug dealers that are just hanging out. They're armed and they're taking advantage of a hesitant police department. And it will continue just like in Baltimore.

KELLY: And we're just watching these pictures as they blockade the roads there. We're keeping an eye on Ferguson, Missouri, as we -- I don't want to say expect but anticipate the possibility of a second night of protests given what we saw last night which did not go well. Of course the viewers remember that it was not long ago we saw protests erupt in Ferguson that were shocking in their intensity and led to a nationwide debate about how far law enforcement should go and reining in a community under sieged and in protest. And we will see what happens tonight in Ferguson whether they handle things differently and whether the protesters decide to do so as well.

Mark, thank you for your input.

FUHRMAN: Thank you.

KELLY: Well, with headlines about the possibility of new violence in Ferguson, the President this week again talked about the issue of race in law enforcement.

Mark Hannah and Kevin Jackson are next on what the President is now pledging.

Plus --

(BEGIN VIDEO CLIP)

SEN. BERNIE SANDERS, D-VT., PRESIDENTIAL CANDIDATE: Thank you, Seattle, for being one of the most progressive cities in the United States of America!

(END VIDEO CLIP)

KELLY: Oh, wait, I hope you got out everything you wanted to say. Because the protesters from the Black Lives Matters group shouted Bernie Sanders off the stage for the second time in reason weeks. Dana Perino is just ahead on why this group is targeting democratic candidates and why she says it matters a lot.

And in the days since last week, presidential debate Carly Fiorina is getting a lot of attention. She joins us live tonight on what is happening with her campaign as she goes hard after Hillary Clinton.

(BEGIN VIDEO CLIP)

CARLY FIORINA, R-PRESIDENTIAL CANDIDATE: What I would point out to Hillary Clinton is that every single one of the policies that's she is currently pursuing make income inequality worse. Exhibit A, income inequality under the Obama administration. Exhibit B, every liberal state in this nation.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

KELLY: Breaking tonight, you are looking at live pictures from the streets of Ferguson, Missouri tonight just 24 hours after violence broke out. As protesters mark one year since the shooting death of Michael Brown. After that shooting, President Obama spoke a number of times about the events in Ferguson and over the weekend, he was asked whether he would have responded the same way, if he would have been as vocal about it if Ferguson had happened in his first term when he was less vocal about these issues, or so the questioner thought.

(BEGIN VIDEO CLIP)

PRESIDENT BARACK OBAMA: I think it is fair to say that if in my first term, Ferguson had flared up, as president of the United States, I would have been commenting on what was happening in Ferguson.  So, here's one thing I will say. Is that I feel a great urgency to get as much done as possible.

(END VIDEO CLIP)

KELLY: Joining me now, Mark Hannah, former Obama campaign and adjunct professor of Media Studies at the New School. And Kevin Jackson, who is a conservative radio host and author of the book "Race Pimping." Good to see you both.

KEVIN JACKSON, CONSERVATIVE RADIO HOST: Hi, Megyn.

KELLY: So, Kevin, you know, the President says I would have been just as vocal in Ferguson in the first term if it had happened there but I'm telling you now, I'm focused on this and I'm going to address this issue of I presume aggressive law enforcement and communities that feel targeted by these police forces, in particular, African-Americans who do.

JACKSON: Yes. Who knew Megyn that the scourge of white cops killing blacks would only rear its ugly head a year ago? You know, nobody knew about it? And who knew that black people would be killing each other in epidemic numbers just starting now? You know, look, the legacy of Obama with this. This is squarely on his shoulders. He can talk about the next 18 months or whatever is left in his administration. But what is happening in Ferguson is a direct result of liberal policies and a direct result of their inability to address the real issues. Barack Obama wants to make this a cop issue and the fact of the matter is, it is a cultural issue that is the elephant in the room. And unfortunately, liberals don't want to tackle that.  

KELLY: What do you make of it, Mark? Because when you see that picture of the roasted pig. And I am sorry to dwell on it but it is so shocking. I mean, the guy has been totally exonerated by Barack Obama's D.O.J.

MARK HANNAH, FORMER OBAMA CAMPAIGN AIDE: Right.

KELLY: Completely exonerated. #Darren Wilson it says. Darren Wilson is a man whose life has been ruined by false allegations of "Hands up, Don't shoot" which were a lie. Which were a lie. And so how do we get to the point where people are on these streets of Ferguson all amped up about Darren Wilson and to the point where they're shooting at police officers, and then when they shoot in response, it is there you go again.

HANNAH: Right. Yes, Megyn, I'm with you 100 percent. This community has real grievances. Officer Wilson, according to the DOJ is not one of them.  You mentioned before the FBI report that showed that there was this pattern of discrimination that happened in the police department there. Like you've said, they've done quite a bit to try to clean that up including firing some people at the top of that department. But I just want to take issue with something Kevin said saying that this is a product of liberal policies. This isn't a liberal or conservative issue. This is an issue of --

JACKSON: Sure it is.

HANNAH: -- community. No, Kevin, see, this is like we politicized these things, the fact is the President has a unique opportunity, not just as the leader of the country and of the Democratic Party but the leader of the black community to use his platform to project an image of peace and compel the American people to get onboard without --

KELLY: Go ahead, Kevin.

(CROSSTALK)

Okay, go ahead, Kevin.

JACKSON: It is a total failure. And that's such a copout. Look, at the end of the day, Barack Obama, Eric Holder, all the people involved here are liberal Democrats. In most cases, they're black. And to Megyn's point, that you talk about earlier with Mark Fuhrman. They just want to colorize Ferguson, they want to make the city council black. They want the mayor to be black. They want all the cops to be black as if that's going to solve the problem. Everywhere you have black leadership in this country in these big indoctrination centers, you have exactly the same problem.

HANNAH: So, the problem is black leadership Kevin, is that what you're saying?

(CROSSTALK)

KELLY: What about that Mark? Because based on the stats, the city now has, Ferguson, a new police chief, a new city manager and a new municipal judge. All of whom are black. And they replaced white leaders. Two of the three city council members elected in April are also black. Blacks now hold three of the six seats on the city council. They've increased the police force with a few more block officers, although there's still, there's not parity. So, they've made all these improvements and yet here you go again.

HANNAH: Yes. I don't understand what Kevin was saying. The problem is the fact that there is black leadership in this community.

JACKSON: I know you don't understand.

HANNAH: But I'll tell what matters. And that the politics of visibility here. Let's go back 50 years to 1965 where you have Martin Luther King marching on from Selma to Montgomery and you had --  

JACKSON: Marching against Democrats.

HANNAH: Let me just finish, Kevin. You had visions, you had images of violence, police brutality against those protesters and it created a wave of sympathy toward the civil rights movement. A few months later, a few short months later, you have the watts race riots break out.

KELLY: If you could get up to like 2015 or 2014.

(CROSSTALK)

HANNAH: No, no, there's an important parallel here, Megyn.

KELLY: We don't have all night.

HANNAH: Yes. If we don't learn from history we're bound to repeat it.  And I think, Kevin, the problem is that we have images of this black community --

KELLY: Now you don't like Barack Obama. Kevin, that's what Barack Obama says. The legacy of the civil rights movement is what is affecting all of these folks. Go ahead, Kevin.

JACKSON: Megyn, everything he just said is absolute nonsense. Every problem that he just described is a democrat problem. And now what they want to do is they want to transfer these white races and bring in black races. Every problem that's happening right now whether it's New York City, Baltimore, Detroit, Atlanta, you name your urban indoctrination center. Its Democrats running it. All the way up to the president. The attorney general. It is Democrats or black Democrats. And you want to make it sound like it's a cop problem.

KELLY: All right, guys. Great to see you. Great to see you both.

HANNAH: Oh my gosh! Megyn, great to see you.

KELLY: All the best.

JACKSON: Good to see you, Megyn.

KELLY: Well, at the same time, this unfolds in Ferguson, Missouri, the folks behind the Black Lives Matter movement are going after Bernie Sanders!

(BEGIN VIDEO CLIP)

Protesters: Black Lives Matter! Black Lives Matter! Black Lives Matter!  Black Lives Matter! Black Lives Matter! Black Lives Matter!

(END VIDEO CLIP)

KELLY: They're not feeling the burn, not, not, no. Dana Perino is next on why this is getting to be bigger issue in the democratic presidential race.

Plus, just days after Hillary Clinton tell the federal judge that she has turn over all of her e-mails, Judge Napolitano says, not so fast.

Coming up in a minute, the judge on the big thing that everyone on this story seems to be missing.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Secretary Clinton, any comments about the criminal investigation into your email server?

HILLARY CLINTON, D-PRESIDENTIAL CANDIDATE: That is not what it is.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

KELLY: Developing tonight, new friction between some Democrats and members of the Black Lives Matter movement after a weekend rally for presidential candidate Bernie Sanders is shutdown. Watch this.

(BEGIN VIDEO CLIP)

SANDERS: Thank you, Seattle, for being one of the most progressive cities in the United States of America! Okay. Okay. All right. So, we are trying to be reasonable. We are trying to be reasonable. We are trying to be reasonable.

Protesters: Black lives matter! Black lives matter! Black lives matter!  Black lives matter!

UNIDENTIFIED FEMALE: We are located in King County. We're the silhouettes of Martin Luther King. While we spent $200 million building a new jail to imprison black children.

Protesters: Black lives matter! Black lives matter!

UNIDENTIFIED FEMALE: I was going to tell Bernie how racist this city is, filled with its progressives but you already did it for me.

(END VIDEO CLIP)

KELLY: Hmm. Lovely. Finally, Sanders simply gave up and left the stage.  You will see him spot shadowed. Walking away. This is not the way he wanted it to end. Mr. Sanders then ventured into the crowd to shake some hands with the supporters. Many of whom were rather upset at what just had happened to him.

Dana Perino is the co-host of "The Five" right here on FNC and a former White House press secretary under President George W. Bush. Well, it didn't go the way Bernie wanted it to just like it didn't go the way O'Malley wanted it to. Why did the people in this movement keep shutting down these democratic events?

DANA PERINO, CO-HOST, "THE FIVE": Because it is working for them. I think it's a movement that is gaining traction. I don't think it is a movement without grievances. I think that they have some legitimate beefs and they're trying to figure out a way to get attention. And anytime within a party, if you have a group that votes party line or monolithically, once they are organized, they become impossible to ignore. And I think that Sanders has seen it. O'Malley, I'm sure Hillary Clinton is going to continue to see it as well. So they have to figure out a way to embrace them, engage them, develop some personal relationships.

KELLY: And apparently it does not include saying as O'Malley did, as Governor O'Malley did, all lives matter. Because that will be the end of you.

PERINO: The sad thing is, is that even the name of the group is one that is supposed to stoke racial tension. Right? So Black Lives Matter. Do those protesters really believe that Bernie Sanders does not believe --

KELLY: Bernie?

PERINO: That Black Lives Matter?

KELLY: Right. Right.

PERINO: Of course he does.

KELLY: They're just looking for attention.  

PERINO: And anybody would going to listen to them and try to help them in the way that they think they should be help, I think it would be somebody like Bernie Sanders. He obviously has been trying to fight for what he feels oppressed people his whole life.

KELLY: So, is this about drawing a distinction between somebody like Sanders or O'Malley and Hillary Clinton? Or is it about just drawing a distinction between the Dems and Republicans because Hillary Clinton came out today and was quick to say, yes, Black Lives Matter. Of course, I'm with you. And she seems to be wanting to get ahead of this.

PERINO: Yes. And that's why I think they're trying to reach out because they wanted to neutralize it in some way. But we're also in uncharted territory with the way to organize online. I think that the Black Lives movement online is something that we have never seen before. Organization like this for a group. And in some ways, that can be used for good. And in other ways for bad. I would encourage not just the Democrats to meet with Black Lives Matter but imagine a republican candidate that said, I would love to meet with you. I would love for to you see what I have in store. But I will have in mind to turn things around for the black community.

KELLY: Somebody like Rand Paul.

PERINO: Rand Paul has already tried to do it. And I think that there are some governors that have done it. Actually, probably all of those candidates would be willing to meet with them. And it is amazing what you can do when you actually have a relationships with somebody.

KELLY: Yes. But you know what the conventional wisdom is. That is was something like 93 percent of all African-Americans voted for Barack Obama.  And that those voters are very likely to vote for the next democratic nominee and will never go republican no matter how many enticements are offered by the GOP.

PERINO: Well, remember, the Republicans, you don't have to win all black votes. Right? But can you win some? Can you convince them that you have a better plan than the last 30 years? Forty years? I think that you probably could. And I also feel like there is a yearning in America. You might not see it here or online. But I do believe that there is a yearning for people to get along and to figure out a way to move forward. We're all going to have to live here together. Anger is not a great way to solve any sort of problem. And we have such big problems that, you know, my colleague -- has a show. And he has this # Wake Up America. I can turn it around and say, make up America.

KELLY: Oh, Dana!

PERINO: But come on! Everybody could get along and --  

KELLY: You're so sweet. She's so sweet, isn't she? The name of her book is "And The Good News Is," it's funny.

PERINO: I think it's possible. I actually think for the Republicans, it is worth a shot. Engaged the Black Lives Matter --

(CROSSTALK)

KELLY: I don't know if you're right. Because we just had Rubio on the show last week, Marco Rubio and we were talking about how he might have falling poll numbers because his message is too positive. That's what the pundits say. He needs to be more negative and dour about the state of America.

UNIDENTIFIED FEMALE: Do you see how that works?

KELLY: Read Dana's book and it will all make sense to you.

UNIDENTIFIED FEMALE: Chapter six.

KELLY: Great to see you.

UNIDENTIFIED FEMALE: Thank you.

KELLY: Coming up, a growing number of police have showed up after we saw live pictures of protesters starting to blockade this roadway. We're going to go live to Griff Jenkins who is on the scene right after this break.

Plus, under threat of perjury now, Hillary Clinton has told a federal judge, she has turned over all of her e-mails. Judge Napolitano says, not so fast. He's next on that.

And then new outrage tonight over the brutal rape and murder of an Air Force vet allegedly at the hands of an illegal immigrant who had previous run-ins with the law, a Kelly File investigation just ahead, don't go away.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I believe there's a blood trail from Washington, D.C. to Sacramento into the bedroom of Maryland.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

KELLY: Breaking tonight, a state of emergency tonight in St. Louis, Missouri. Police are preparing for a second night of protests marking a year since the death of Michael Brown. "On the Record's" Griff Jenkins is live in Ferguson. He is double-timing for us tonight. He's got the very latest, Griff?

GRIFF JENKINS, CORRESPONDENT, "ON THE RECORD": Hi Megyn, while the tensions -- here we are a year later and we see at one side of the street, protesters with agitating chants, obscenities at the police. And on the other side, the police are out here.  It's like coming out to a battlefield, and obviously the message of the protesters I've talk to has been they are upset about the police, they are upset about what happened last night. Just to give you a little perspective, it was here last night, Megyn, that there was a gun fire between literally this insurance store right over here, there was a white pick-up truck in front of that insurance store. And the people shooting across the street that then led to the police getting after the individual in the shooting.  Right now there seems to be a little bit of -- let's see. I've just taken us inside. It seems to be a little bit of an argument going on, Megyn, amongst the protesters. There is no police.  What will set things off tonight is not what you're actually seeing now, which is two arguments between protesters. We're not sure what this quarrel is about, but it is clearly heating up. It is whether the police come in here and that agitates things. Let me just see if I can get us a little of bit of an idea of what's going on. What are you guys arguing about? What is going on here?

(CROSSTALK)

JENKINS: There's some argument going on with one individual that has walked into this. They're saying is not part of the protest. Just to reach that, if you look across the street, you see in the dark a massing of say 35, maybe 40 police officers. They're not in their battle rattle. We haven't seen any of the armored vehicles. They have a little bit of a stand-off approach to this tonight. The St. Louis County Police has declared a state of emergency, Megyn. But there is no National Guard out here, and there is actually no curfew, they tell me. They're hoping things will get peaceful but as we've seen a couple of times, just ten minutes ago, the police came over and they told these protesters to not get in the road. Not cross this line. But as soon as these protesters begin to wade into the street, that's going to set things off. Those police come over and they absolutely are going to take things under control. We've heard the hands up, don't shoot all harkening back to one year ago in the shooting of Michael Brown, Megyn.

KELLY: Wait a minute, Griff, you're saying notwithstanding what we saw last night, there is no curfew tonight?

JENKINS: There is no curfew. I asked the St. Louis County Police Department who have taken authority. They are now under a state of emergency in charge of everything out here and they said there is no curfew tonight. They're hoping that things go peaceful. The National Guard is not called out. And people are out here, many of them are trying to protest to get a message out here peacefully. It is only when the people come and engage. I asked one of the protesters I said listen, is it going to be peaceful tonight? And they said it depends on what the police do.  That's how they see it.

KELLY: Didn't this just happen in Baltimore where they didn't have the curfew on the first night, and everybody said -- the second night -- there had been protests all day that had involved rocking cars and damaging and looting and vandalism and then they decided not to impose a curfew, and then all hell broke loose. Is anyone paying attention to history? Talk to us about who is making that call, Griff? Is it the mayor?

JENKINS: Well, that call is being made again by the St. Louis County Chief John Belmar. He is in charge now. And he has that experience. Ferguson of course has a new police chief, they have a new city manager, but the people making the decision are the St. Louis County Chief John Belmar. He is in charge of it. And you know it's fascinating -- ma'am, are you a resident locally? What's your name?

UNIDENTIFIED FEMALE: I don't want to say my name.

JENKINS: Why are you out here and why are we back here with the unrest a year later?

UNIDENTIFIED FEMALE: Because we still want to see change. We want to see police reform and we want to see court reform.

JENKINS: And you believe the police are still treating you unfairly out here as residents?

UNIDENTIFIED FEMALE: Police have been abusing their power for years. And we want more -- seek consequences for police when they violate and when they do things wrong. They are -- they should be held to a higher standard because their word carries so much weight. When there are inaccuracies on police reports, when there are lives being caught, they should have very stiff punishment because their word carries so much weight. You see police reports over and over again with inaccurate lies and things like that. And something needs to be done about that. And then of course there are some who need to be fair.

JENKINS: But hat about just last night right here gun fire breaking out, putting everybody in danger? Police had to respond, did they not?

UNIDENTIFIED FEMALE: Ok.

JENKINS: Megyn, let me just say that our viewers apologize, you maybe hearing some obscenities going on right now, a message at the police.

UNIDENTIFIED FEMALE: Crime is in every community. Crime is in your community. Crime is in every community. Nobody is saying that these people are perfect. The punishment needs to fit the crime.

JENKINS: Thank you very much. We have to step away obviously. That a message, Megyn which we don't want to air obscenities. But I think if anyone is asking the question tonight whether this has the possibility, the recipe to unfold into more unrest, I would say it absolutely is.

KELLY: Griff, we're going to stay with this. We have to take a quick break. But I want to stay with this. And when we come back, I would love for to you ask one of the people with the face masks on, if they're not planning on causing any damage or any havoc, why are they covering up their faces and protecting their identities, or is it a matter of tear gas fright and so on. Let's talk about that right after the break.

And also Judge Napolitano is here to weigh in on the Hillary Clinton scandal -- the e-mail scandal and Carly Fiorina is still here. Don't go away.

(COMMERCIAL BREAK)

KELLY: And we continue now with the breaking news. We are watching the protest get louder in Ferguson Missouri. We're there under a state of emergency. We're going to go back to Griff Jenkins who is in the crowd.  Griff, what's up with the folks wearing the masks?

JENKINS: Well, they're wearing masks because they don't want their identity to be seen. As you know there was at least 30 (AUDIO GAP) surveillance cameras, any cameras that the police have out here that they can identify these folks. They're going to charge them with felonies, with possession of firearms, assaulting law enforcement. Any numbers of things like Tyrone Harrison Jr. who was charged with ten felonies today. So a lot of the faces are covered because they don't want to be seen and they don't want to be arrested by the police. By the way we're walking now, Megyn, the protests have begun to march a little. So we're giving a little walk.  But if you look just over here to this way, that's the Ferguson Market and Liquor where it all started with Michael Brown stealing on the surveillance cameras, some cigarillos, pushing the owner came from behind the desk and then heading back out and turning right about three blocks down up Canfield where he was eventually shot by Officer Darren Wilson. You can see now as the protest marches, they're going up and down. So that's what they're going to do, I would suspect, having covered this for an endless number of nights last year. They go up and down. They march down and come back and they agitate and agitate. And at some point the police decide, Megyn, they've had enough. And particularly if they obstruct these cars, they obstruct traffic, it will quickly accelerate into something that we all hope it won't do, Megyn.

KELLY: Griff, thank you very much. We're going to keep the screen split so we can see what's happening in Ferguson. We'll try to keep a close eye on that as they are under a state of emergency at this moment.

Judge Napolitano is with me now. We're going to talk about Hillary Clinton. But I just want to start with this, because time after time -- now we've seen these protests erupt. We saw in Baltimore when they had protests and they refused to set a curfew. What happened? Why is there no curfew?

JUDGE ANDREW NAPOLITANO, FOX NEWS SENIOR JUDICIAL ANALYST: I don't know why there is no curfew. I'm as surprised by it as you are, unless the police have a feeling that a curfew would make it worse.

KELLY: The mayor is the head of the government there.

NAPOLITANO: Apparently the nature of the government there is a little different than we have on the east coast. The police chief of the county police department, who is an appointed official, not elected, makes a decision about whether or not there is going to be a curfew. I prefer that a curfew decision be made by an elected official because there's more transparency. Last night there was an active shooter.

KELLY: Right. It is not like they have no basis to think that something could happen. Look what happened a year ago. And now it is not like the community has settled down because apparently the folks who are out there many of them still believe that Officer Darren Wilson executed Michael Brown in cold blood. I grant you, there have been problems with the police department which are now well documented.

NAPOLITANO: Right. Well, this woman that Griff just interviewed obviously read the federal report or had it summarized for her. Because one of the things that the feds complained about was police exaggerating the evidence against African-Americans and some of them being convicted on the basis of that exaggerated evidence. Supposedly that has all been stopped now. She is resurrecting these old complaints.

KELLY: All right. As we look at these pictures, I want to shift gears, because Hillary Clinton did something extraordinary. She actually signed the certification under penalty of perjury that she turned over federal records, documents that either were or potentially were federal records to the State Department.

NAPOLITANO: She turned over all, that's the significant word here, that's the operative word. All the records in her possession, so there are two things to watch for here. One, she was ordered to do this under penalty of perjury. When a judge says that to a litigant or someone related to a litigant, she's the former Secretary of State. He's basically saying I don't believe you. I have to remind to you tell the truth. Two, if she told the truth and the statement she signed on Friday, I turned over all copies of the e-mails. What does that mean? She no longer has the server.  And if she no longer has the server, where is it? Did she knowingly rid herself of the server? And if she still has the server, then her statement violates the law because it is untruthful. Because the server has copies of the e-mails and she didn't turn over all the copies of the e-mail. So this federal judge has to dig a little deeper on this.

KELLY: Her representative says that she will speak to the server when she gives her testimony before the Benghazi Committee. So eventually within the next couple of months we should get an answer to that.

NAPOLITANO: She may be speaking to the server before a judge appointed by her husband sooner than that.

KELLY: Within weeks, Judge Napolitano, great to see you.

NAPOLITANO: Good to be with you.

KELLY: We're keeping our eyes now on Ferguson. And Carly Fiorina is still with us, she'll be up next.

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KELLY: Breaking tonight in the last half hour, we have seen protests getting intense in Ferguson, Missouri, as nightfall comes over the city which is under a state of emergency.

Republican Presidential Candidate and Former CEO of Hewlett Packard, Carly Fiorina is with us tonight. We were going to ask her about the recent surge of interest in her campaign which we'll get to, but first, we have got to ask you about these live pictures, and what's happening right now in Ferguson, and in a larger scale, in the country, between law enforcement in some cities, and in particular the African-American communities?

CARLY FIORINA, R-PRESIDENTIAL CANDIDATE: Well, certainly good evening, Megyn, it's a dangerous situation there and it's a tragic situation there.  While we now know that the facts concerning Michael Brown's death were not as the protesters originally alleged, we also know that there are real grievances, and I very much doubt that all of them have cleaned up that quickly. That's not how bureaucracies operate. But clearly last night, the police had to take action, they had to protect themselves, more importantly they had to protect the community. But I would just say to Americans who are looking at this and feeling really despair, remember as well the example of South Carolina, a very different situation, where not only did a cop murder, he's now being charged with murder, a young black man, but we also have the terrible tragedy in Charleston. And yet that community came together and expressed grievances in a peaceful way, even in a loving way, and found a way to resolution, together as a community. So we need to remember that example as well even as we look at these very disturbing pictures.

KELLY: What do you make of -- some of these Democratic candidates are getting hit with the question, do black lives matter or do all lives matter? You want to take a shot at that?

FIORINA: Well first, of course all lives matter. Secondly, black lives have been diminished under Democratic policies. That's just true.  African-American youth unemployment is up under President Obama, communities that are struggling with poverty have had more people fall into poverty. The education policies of liberals hurt poor families, we know that. We know that progressives shut down parent's choices about how to educate their children, which means their children don't have the chances they deserve. And we know by the way that the abortion industry targets African-American communities.

KELLY: I have got about a minute left, and I have to get this in. You read reviews across the board, and so many observers said Carly Fiorina won both debates that we saw last Thursday night, are you feeling that surge?  How does that manifest itself?

FIORINA: Well, we certainly feel it in terms of money and some polls on the ground in terms of support on the ground. But remember, Megyn, before that debate, 39 percent of Republicans had never -- only 39 had heard my name. Boy I garbled that one up. But the point is less than 40 percent of Republicans knew who I was, so in other words, this was an opportunity for me to introduce myself. And I think for the first time a lot of Americans saw someone that they said, you know, she could win this job, she could debate Hillary Clinton and beat Hillary Clinton and she can do this job so it was a big opportunity for me and I'm grateful for it.

KELLY: You make a big first impression, great to see you Ms. Fiorina, to be continued.

FIORINA: Thanks, Megyn, thanks for having me.

KELLY: Don't go away, we'll be right back.

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KELLY: We saw a difficult situation in Ferguson, Missouri a year ago, and it resumed last night. We're hoping for peace tonight. On all sides, no one gets hurt, and everyone follows the law. We'll see you tomorrow night at 9:00. Thanks for joining me.

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