What State Dept. document dump reveals about Hillary Clinton

State Department: Classified information in Hillary's e-mails on 'The Kelly File'


This is a rush transcript from "The Kelly File," August 31, 2015. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Breaking tonight, two big stories unfolding right now. First, the State Department at this very moment. 9:00 p.m. Eastern Time, is releasing after dark, some 7,000 new emails in the scandal over Hillary Clinton's use of a special private account. These are supposed to include more than 150 emails containing what Hillary Clinton claimed was not in there. Namely, classified information. That was also supposed to exist only on the more secure federal networks and now we know she had in it her home if Chappaqua. Our research teams are in place right now. They are starting to go to the documents. And our own Ed Henry is here with what they have found very shortly.

Plus, after a Texas deputy is gunned down in what appears to be a cold-blooded execution, the Black Lives Matter Movement takes to the airwaves tonight saying, don't blame us.


UNIDENTIFIED MALE: It is unfortunate that Hickman is using this situation to politicize his grievance against movement centered on ending violence and holding police accountable for their action.


KELLY: Sheriff Ron Hickman today had to speak with the widow of the young deputy who was killed. He will join us in moments with a response for this group. But first --

Also breaking tonight, new fallout from a big shakeup in the republican presidential race. Welcome to "The Kelly File," everyone. I'm Megyn Kelly.

A new poll out of the Hawkeye State suddenly finds national frontrunner Donald Trump in a dead heat with Dr. Ben Carson. Mammoth University finding Trump and Carson are now tied for first place in Iowa.  The state that will be first to make its presidential preferences known.  The two men followed by Carly Fiorina, Ted Cruz, and Scott Walker who incidentally was leading this same poll just about a month ago. His numbers have sharply declined. And did you noticed however what these top three contenders have in common? They are all political outsiders.

Chris Stirewalt is our FOX News digital politics editor. And Howie Kurtz is host of Fox News "MediaBuzz." Gentlemen, welcome to you. Chris, Dr. Carson making a dent in Trumpa Palooza which is, you know, he is ahead in every national poll and has been winning in Iowa for some time now and what a turn for Dr. Carson.

CHRIS STIREWALT, FOX NEWS DIGITAL POLITICS EDITOR: Well, given the fact that I've been told about a bazillion times in the last six weeks that Republicans are angry racist, it seems surprising that a mild mannered kindly African-American doctor is increasingly the number one preference of this party. So, I think the media narrative, not to poach in Howie's turf, but I think the media narrative about this election is wrong. And I think that Carson's rise as a kind very conscientious patriotic soul. It tells us a lot about the attitude here. And I think it has everything to do it what you said which is, this is an electorate, this is a party that wants anything but somebody who represents more of the same.

KELLY: Okay. So, the one narrative has been its angry white republicans who are behind Donald Trump. But, you know, what, they are apparently behind Ben Carson. So, your point is, the narrative that all this racist Republicans isn't really holding up. The second point though to your point is, the other narrative we've heard about Trump's rise in the polls has been about how they are angry and they want someone who is angry.  Forget race. Their anger is reflected in the rhetoric of Donald Trump.  Dr. Carson could not be, you know, he is pretty kind and gentle in his approach.

STIREWALT: Right. He is obviously fed up. When you listen to him, when you talk to him, as you've interviewed, he obviously when he was doing his takedown on the Black Lives Matter Movement, it wasn't like he was a shrinking violent but the way that he talks and the way he comports himself is wholly different not only from politicians but also from his fellow Iowa front-runner Donald Trump. It's a total study in contrast and they're both, and it both seems to be working right now.

KELLY: All right. However, Howie, Dr. Carson has said some controversial things. It hasn't been all kind and gentle. I mean, the whole stuff like prison makes you gay. And you know, he has a lot of rhetoric about President Obama. He speaks to like Saul Alinsky and Lenin and so on. And a lot of people believe that but it's also controversial.

HOWIE KURTZ, HOST, "MEDIABUZZ": And when Ben Carson makes that mistake in the early months, I thought, okay, this is a very nice guy, who is out of his debt. He talked about Obama/Kerry -- slavery and so forth. But he learned from this mistakes, Megyn. When I interviewed him, he told me that he realized that if he used that kind of incendiary language, people didn't hear him, they didn't hear the rest of the answer.  And so, he has fixed that problem which I think threatened to undermine his candidacy early on.

KELLY: What has happened Chris, in the past two weeks to shoot him to the top of the polls? We have the republican debate and Ben Carson did very well in the polls there after they clearly liked his debate performance. But what has happened in the past week or so to justify this equal footing between Carson and Trump now?

KURTZ: Well, you have this August entropy. You have Trump who has blown everybody's doors off. All of the people who have held office, elective office now before have been dwarfed and everything is topsy-turvy.  And people are looking at this anew. And I do think it is hard to overstate how well Carson did in the eyes of voters who are just meeting him for the first time. There is no republican politician who is more popular, doesn't mean they're all voting for him as their first choice.  But there is no republican politician more popular in the state of Iowa and maybe nationally now than Dr. Ben Carson.

KELLY: He is in Iowa. He has almost a universally positive opinion of him. At 81 percent of Iowans have a positive opinion of Dr. Ben Carson.  Carly Fiorina, 67 percent favored of Donald Trump, 52 percent favorable.  So, it means that a lot of Iowans don't necessarily like Mr. Trump but they're still behind him. I mean, they're just politics today. Howie, let me ask you. You say that he hasn't come under the scrutiny necessarily that he was a frontrunner. But has anybody in the republican field, there are so many of them. How can anybody be subjected to so much scrutiny?

KURTZ: It is true. There aren't enough reporters on the planet that cover all these candidates. But I think Ben Carson to a certain degree has flown under the media radar. Getting about 1,000 of the attention lavish on that Trump guy. And that has helped him position himself as somebody who could be, let's say, a less bombastic alternative of people who fed up a traditional politicians. But the lack of media scrutiny based on this poll and this attention, Megyn, I guarantee you, it is going to change soon.

KELLY: I have to ask you Chris Stirewalt about Scott Walker. Yikes!  Down at seven percent. He was leading this poll in July. What happened?

STIREWALT: Well, he and Marco Rubio find themselves, as they have been all along, guys who are trying to bridge the gap between the conservative bases of the Republican Party that is also acceptable to the establishment. That's a hard place to fly. But both for Walker and for Rubio, the game is going to be long. So keep your eye on both of them to show up later.

KELLY: All right, guys. And I'll keep my eye on you two to show up later as well. And that's a special team for the audience. We'll find out later.

STIREWALT: Yes, Megyn. We will.

KELLY: Well, we mentioned the breaking news at the top of the hour.  How the Black Lives Matter group is now pushing back after taking serious heat following the execution style murder of a Texas deputy. And then the march the next day that looked like this. We'll show what you that group is now saying about this chance tonight.

Then, we'll speak with Sheriff Hickman who today had to speak with the widow of that slain officer.

Plus, moments ago, the State Department releasing thousands of Hillary Clinton's e-mails. It happens at 9:00 p.m. Eastern that she had kept secret on her private e-mail server for years. We're pouring through the material right now trying to figure out why we have an after dark release of this stuff. Hmm. I'm sure it's nothing as anybody concerned. Ed Henry is here with a live report on what we're finding.

And republican presidential candidate Carly Fiorina fighting hard to get on to the main stage of the next presidential debate. "The Kelly File" breaks down her chances of doing it. And if she is successful, who is out?  Coming up.


CARLY FIORINA, R-PRESIDENTIAL CANDIDATE: It's outrageous. By the way, this is a republican primary. You think that the RNC would play some leadership role here.



KELLY: Breaking tonight, after a Texas deputy is gunned down in what appears to be a cold blood execution, the Black Lives Matter Movement is now taking to the airwaves saying, don't blame us. This all started Friday when 47-year-old Darren Goforth, a white officer, was putting gasoline in his cruiser at a station just outside of Houston. He was approached by a suspect describe as a bald African-American man. Without a word that suspect opened fire, putting 15 shots into the officer. Killing him on the spot. Leaving his wife a widow and his two young children without a father. The sheriff is with us to respond to the Black Lives group in a moment.

But first, Trace Gallagher gets us up to speed on this investigation.  Trace.

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Megyn, there is still no precise motive in the shooting death of Deputy Darren Goforth. But authorities believe he was attacked because he was wearing his uniform.  Deputy Goforth was putting gas in his patrol car when surveillance video shows a man walked up behind him, put a gun to the back of his head and pulled the trigger. When the deputy fell, the killer continued firing until the gun was empty. He then sped away in a red truck. A truck matching that description was later found in a home a few miles away where 30-year-old Shannon Miles admitted owning the truck and having a gun.  Watch.


DEVON ANDERSON, HARRIS COUNTY DISTRICT ATTORNEY: They take the pistol to the firearms lab and get ballistics done on it. And they get a match that this is in fact the firearm that fired the casings that were left at the scene.


GALLAGHER: Miles wearing a yellow jumpsuit, indicating he is a high security inmate, was formally charged with capital murder today. In 2012, after being charged with aggravated assault with a deadly weapon, Shannon Miles was found mentally incompetent and sent to a mental health facility.  Harris County Sherriff Ron Hickman believes the execution of Deputy Goforth is linked to the nation's growing anti-police rhetoric. Listen.


SHERIFF RON HICKMAN, HARRIS COUNTY, TEXAS: This rhetoric has gotten out of control. We've heard Black Lives Matter. All lives matter. Well, cops' lives matter too. Why don't we just drop the qualifier and say lives matter and take that to the bank.


GALLAGHER: But at the scene of the killing, hundreds showed up wearing blue to pay their respects and to leave donations for Deputy Goforth's family.


DEANNA SCOGLUND, SUPPORT OF POLICE: They're here for us. They're here to keep the peace. They're not here to hurt anybody. They're here to help. And we need to show them more appreciation.


GALLAGHER: Goforth's wife issued a statement that reads in part, quoting, "My husband was an incredibly intricate blend of toughness and gentility. He was loyal, fiercely so. And he was ethical. The right thing to do was what guided his internal compass. I admired this quality, perhaps, the most for that was what made Darren good. And he was good."  Texas Governor Gregg Abbott has ordered flags in Harris County and at the state capital to fly at half-staff -- Megyn.

KELLY: Trace, thank you. When Sheriff Hickman spoke about the murder of his deputy over the weekend, he said the rhetoric from the Black Lives Matter group is out of control and he blamed the group for promoting what he called a dangerous environment. And tonight, members of the Black Lives group are challenging that.


RASHAD TURNER, BLACK LIVES MATTER, MINNESOTA, PROTEST ORGANIZER: The uproar over this rhetoric does not match the uproar that we see when a black person is killed every 28 hours by police. We need police reform.  Otherwise the climb in this country is going to continue to be an us versus them climb in.

DERAY MCKESSON, BLACK LIVES MATTER ACTIVIST: Let's not forget that the police have killed over seven hundred people this year. It's only ninth days that the police haven't killed somebody. The police have not killed someone. The only charged rhetoric that I've heard has been about accountability for the police.


KELLY: Joining me now, Sheriff Ron Hickman of Harris County, Texas.  Sheriff, thank you for being here and condolences on your loss. We appreciate your time tonight. Let me ask you to respond to that message saying, you know, the rhetoric that they have been issuing in these Black Lives Matter marches is basically, appropriate to the situation as they believe that police are on the hunt for young black men.

HICKMAN: Well, Megyn, I think the rhetoric that they're listening to may not be the same we listen to. I think when you have a message where pigs in a blanket burn like bacon, you certainly have an issue that can influence people susceptible to that message.

KELLY: What is the evidence that it happened in this case?

HICKMAN: Well, obviously, there is no direct evidence. But absent any other logical conclusion, when there is no direct motive, there's no connection between the officer and the suspect, that never crossed paths.  Then, you know, you're drawing conclusions.

KELLY: In New York City, we saw two cops executed in the week of the Ferguson situation. And the killer attributed it to the situation with Michael Brown who we now know was killed while he was attacking a police officer. The morning before he killed those cops, he tweeted out, "pigs in a blanket frying like bacon." It's a reference to dead cops. And then we see that happen in Minnesota the day after your deputy gets shot and killed. I mean, do you think that this argument, that rhetoric is really meaningless and we don't need to worry about it holds water?

HICKMAN: No, I don't. I think when you say, inflammatory things, that people take to heart. There are people that are susceptible not to act on that. And that language should be held accountable.

KELLY: What is the status tonight of the family of the slain officer?

HICKMAN: Well, obviously, the family is very fragile. It has been just over 48 hours since this incident happened. The wife is an extremely strong woman. Yet she is facing the loss of her husband, her children's hero, her best friend, the man that made her laugh. So, you can imagine how devastated that entire family is.

KELLY: Again, our best goes out to her and to those beautiful young children. Sheriff, all the best to you guys.

HICKMAN: Thank you.

KELLY: Well, David Clarke is a sheriff in Milwaukee, Wisconsin, a frequent guest on THE KELLY FILE and a lawman who has drawn national attention for standing up and defending police in the face of some of the recent attacks. Here is how he reacted to this murder earlier today.


SHERIFF DAVID CLARKE, MILWAUKEE COUNTY: I am too pissed off tonight to be diplomatic about what's going on. And I'm not going to stick my head in the sand about it. I said last December, the war had been declared on the American police officers led by some high profile people. One of them coming out of the White House, one out of the United States Department of Justice. And it it's open season right now. There's no doubt about it.


KELLY: Joining me now, Kevin Jackson, conservative radio host and author of the book "Race Pimping." And Mark Hannah, adjunct professor of Media Studies at The New School and former aide to President Obama's 2008 campaign. Mark, let me start with you. On the point that that angry rhetoric creates an environment in the view of the sheriff that endangers cops.

MARK HANNAH, MEDIA STUDIES ADJUNCT PROFESSOR, THE NEW SCHOOL: Right.  I'm not sure which angry rhetoric that he was referring to. Obviously there are protesters that are using this incendiary language, this hate field language, this frustrated language. And I'm not going to sit here and defend the specific content of those messages. But I'll defend the right (audio gap) to say it.

KELLY: Well, of course they have the right to say it. Of course they do.

HANNAH: And whether it is distasteful or offensive to a lot of people in the wake of this really horrific tragedy, involving Deputy Goforth, it is something we can discuss. But look. To blame President Obama, to talk about, you know, to try to scapegoat the White House, we have no idea. As your guest just discussed, what this person's motive was. This was a senseless killing. And when we're ignorant of the motive, when we're ignorant of why this occurred, of course people are going to point the finger at the most high profile race sort of oriented issue which is the Black Lives Matter.

KELLY: Well, let me ask you this.

HANNAH: We have no reason to think this guy was affiliated with Black Lives Matter.

KELLY: And the sheriff admit it. And the sheriff admit it.  


KELLY: But let me ask you Kevin. Because what we do know is that the DNC just approved a resolution endorsing Black Lives Matter. Okay? So pigs in a blanket, fry them like bacon. And the DNC comes out with a resolution supporting this group?

KEVIN JACKSON, CONSERVATIVE RADIO HOST: Yes. Not only that.  Potential presidential candidate Hillary Clinton met with them. Bernie Sanders --

HANNAH: -- Jeb Bush.

JACKSON: And he has spoken out about it. And the fact of the matter is anybody that gives these people any credibility in my opinion is sick.  Look, the one thing about the Black Lives Matter Movement, is they haven't talked about the crimes to get solved in black communities. Who solves those crimes, Mark? Diplomats? Bureaucrats. Professors like yourself or police? Police go into these neighborhoods, sit with people like the wife of Sheriff Goforth, the officer who was killed. Goforth.

And they console people like them in black neighborhoods every single day. Every city that you name. And by the way, the statistics that the Black Lives Matter groups are using, every 28 hours a black man is killed by a cop. They don't even talk about the fact that every 28 hours, a potential criminal is killed by a cop. They don't talk about the 700 murders by cops that they kill black people. They don't talk about what the black people were doing when the cops confronted them.

KELLY: What about that, Mark? Because we've been talking about why the BLM movement isn't it in inner city communities, protesting the black on black crime that we see there? It is all about police officers. Many of whom have also been targeted by criminals.

HANNAH: Well, the Black Lives Matter community has been speaking out against all types of violence. Whether it's police brutality. And every leader, national leader of this movement has spoken out and criticized violence against police officers as well. So, I know we're not showing that tonight. But that's also something that --

KELLY: Well, it is tough to take them seriously with the pigs in a blanket, fry them like bacon.

HANNAH: Yes. Well, that's a mob mentality. I'm not excusing that.  But that happens, like, you can't hold these people --

KELLY: But where is the leadership to condemn that march? Let him finish. Go ahead, Mark.


KELLY: Go ahead, Mark and I'll get back to you Kevin.

HANNAH: You did something very important just now Megyn when that you had that guest on. Hickman before. You asked him what his evidence is that there is some relation between the political rhetoric and the actual violence against police officers. He had none. To try to make the argument that somehow these things are related is like saying Sarah Palin is responsibility for the Gabby Gifford shooting. Or like, right wing radio talk show hosts -- let me finish -- are responsible for anti- government violence that Timothy McVeigh did. Words have power.

KELLY: Do you think it is the same? Having an advertisement with a crosshairs, which the DNC did as well.

HANNAH: It's a violent language.

KELLY: That's the same as going up there and chanting, pigs in a blanket, fry them, like that. The same words, Kevin. The same words that the killer who executed those two New York City cops put out the morning before he killed them.

JACKSON: Yes. And also Marvin Gee who ran a Craigslist ad in Kentucky saying, he wanted people to go shoot cops in the head and burned out police stations. Look, the Left wants to always act as if there's no connective tissue here. We know exactly why there's been --

HANNAH: Where's the evidence?

JACKSON: -- an explosion of police -- the evidence is in the facts.  The evidence is in your eyeballs. That's where the evidence is. You academics always want to act as is you have to study it. You don't to have study this. This is happening today. And you know what's so sad about it, Megyn. Is these guys will leave --

KELLY: All right.

JACKSON: -- they'll go on to the next place where -- pays them, and they're going to leave black neighborhoods squandering for police help.

KELLY: All right, guys. Thank you both for being here.

HANNAH: Thanks, Megyn.

KELLY: So, now this debate has reached a dangerous new place. Where are the larger media on this story? Where were the mainstream media in the reporting of this pigs in a blanket story? Dana Perino is next on that.

Plus, the MTV video music awards went to a whole new place last night and we'll show you the fallout, just ahead.


KELLY: Breaking tonight. New questions about the Black Lives Matter Movement as protesters from the group takes to the street calling for the murder of police officers or so it certainly sounded. Less than 24 hours after a cop is gunned down in Houston, Texas. And let's not forget this gem from December. You get the picture.


(Protesters Chanting)

What do we want? Dead cops! When do we want it? Now! What do we want? Dead cops! When do we want it? Now! What do we want? Dead cops!  When do we want it? Now!


KELLY: Yes. There you get the picture. Dana Perino is the co-host of "The Five" and author of "And The Good News Is." And the former press secretary under President George W. Bush. Good to see you.


KELLY: So tonight, Joe Concha in Mediaite has had a piece saying that this is an insult of a movement to anyone with a pulse. And it should be shunned, mocked and soundly dismissed into irrelevance by members of all races. Does he have a point?

PERINO: I think that when Joe Concha wrote that piece today, it was one of those things where you could imagine that as a columnist, he wrote that in one go. It didn't need any editing. Because he had just had enough. And one of the things I think is so important, you brought up in the previous segment is that the DNC at their big annual meeting actually wrote a resolution and passed a resolution endorsing Black Lives Matter.  But guess what? Black Lives Matter said that was not good enough. And they rejected the resolution which is probably the best thing for the DNC.

KELLY: They should have been thanking them.

PERINO: Now, they can say you are delegitimized. Because their grievances are not specific. We're being told by your previous guest, Mark Hannah, like don't listen to the rhetoric. They're just out there. They have a right to protest. Well, we get that. But when you start piecing together as law enforcement as opposed to do, what are the common threads and what are we going to do to get ahead of it? You need all people to work together. So, that's law enforcement, the media, in particular, leaders in the media. And also, there is a social media component that I don't think we fully understand.

KELLY: I don't remember anybody saying, when the Tea Party, you had a couple of people come out and say something that was perceived as racist and the Democrats went nuts asking for the Tea Party to be denounced.  Denouncing the entire group as racist or what have you. But now this, this is like, well, just a couple of people who said something in a chant. And the media, lets them get away with that. Because they're afraid of being accused of being racist and being against black lives.

PERINO: And remember also that during John McCain's presidential campaign, that somebody said something incendiary. And McCain called him out on it.

KELLY: Uh-mm.

PERINO: And that followed his campaign throughout and that was really the media feeling and saying, oh, white angry people are supporting John McCain. And even though he condemned it. The media still tagged him with that. Now you see it like the flip side. In a way I think that a lot of leaders have hoped that this movement was just going to fizzle out. That it would go away with the summer. But it's really been sustained since the Trayvon Martin hearing.

KELLY: What are the media supposed to do? I mean, you're supposed to put on somebody from the Black Lives Matter Movement to represent their side of the story. And you treat somebody who was out there saying, pigs in a blanket, fry them like bacon. As a serious person whose views we really need to consider and ponder and fold into policy, why should we be listening to someone who speaks like that?

PERINO: That's why I think they have to be delegitimized. You got the DNC to issue a resolution. You rejected it. You don't have a specific agreement. And what they're actually doing, they basically want revolution. They are hurting the very communities that they say that they want to help. Because as police officers, if they feel like they need to pull back and I'm not saying that they would do so consciously. But if you are worried about yourself and your family, let's say you're a young recruit. And you're deciding, do I want to spend my life as a police officer.

KELLY: They're worried about ambushes.

PERINO: It is such a noble profession and they're doing such good work and it actually hurts the communities that Black Lives Matter says that it wants to help.

KELLY: Uh-mm. You know, we had Colonel West on the show last week, or the week before. Articulate thoughtful spokesperson on this issue. I can't see him out there marching with that kind of a sign, they need people to stand up within their movement and say, no. Sorry but no. And then the media can treat the movement as one.

PERINO: And also, where's Hollywood? It is not just the media.

KELLY: I'll show you. Stick around for another 20 minutes and I'll show you where Hollywood is. They're naked.


KELLY: See you shortly.

We have some news breaking in the last few minutes on the new round of Hillary Clinton emails. Actually we just got an update from Ed Henry on what has been found. Wait until you hear this. You might not be shocked by the early revelation.

Plus, we showed you the new poll -- the top of the hour putting Republican Presidential Candidate Carly Fiorina now near the top of the Republican field in Iowa, top three. So why does it look like she will not make the big presidential debate coming up. We'll investigate.


UNIDENTIFIED FEMALE: (Inaudible) it makes no sense, ladies and gentlemen. So guess what? I'm going to continue to make a little noise about this and I hope you will too.



KELLY: Breaking tonight, our researchers are pouring through thousands of Hillary Clinton's emails just released about 34 minutes ago by the State Department. The documents are from Mrs. Clinton's unsecured private email server that she used while Secretary of State. The agency is blacking out any sensitive information that may put U.S. national security at risk, which of course begs the question about why they were on her private email server instead of adequately protected. In this latest dump, roughly 150 emails contained classified information. Hours ago, Chief White House Correspondent asked the State Department whether Mrs. Clinton violated rules for handling sensitive materials.


UNIDENTIFIED MALE: Can you say categorically that Secretary Clinton the followed rules and the law?

UNIDENTIFIED MALE: I'm just not going to answer the question. It is not our goal, it's not our function in this regard in releasing these emails.


KELLY: And it is so irritating since there is no good answer. Ed Henry is live in Washington for us, Ed, all right so we get a 7,000 email dump at 9:00 p.m. What have we found so far?

ED HENRY: Megyn, I have a broad spectrum for you. I have some serious stuff that goes at the heart of Hillary Clinton's explanations to the American people not adding up. I have some on the classified nature of the emails and then one fun one that I thing you're really going to like.  

The first one is, in June of 2010, Philippe Ryan is one of Hillary Clinton's aides sends an email to Hillary Clinton as well as Abedin who is Cc'ed, and it's marked, H-pad as in Hillary iPad. And it says to the Secretary "Your iPad has arrived." Hillary Clinton writes back, "That is exciting news. Do you think you can teach me how to use it on the flight to Kiev next week?"

Why is that significant? Remember, March 10, the United Nations News Conference, she said this whole explanation was because she wanted the convenience of one device, her Blackberry. This clearly shows she is using an iPad as well. There was more than one device despite that explanation. Now the more serious stuff about classified information, you mentioned 150 of them. Let me give you a couple quick examples.

We found one email that has now been deemed classified by the State Department. The Clinton campaign stresses after the fact there is a debate about whether it should have been classified in real-time. One email about a Presidential crisis in Haiti, that kind of email raises questions.  Shouldn't the Secretary of State known at the time, this was at the least, sensitive information if not classified.

Then secondly, the one I'm looking at now, two or three pages about Sudan. And a top U.S. official writes to all these State Department officials about some tri-lateral meetings with sensitive information about Sudan. That's forwarded by Jake Sullivan, a top Clinton aide to Hillary Clinton who writes back, "I'm willing to make the calls he requested." We don't know what calls she's talking about because let me show you this page. It says page denied.  It's now been deemed classified. This entire page of information we can't see now. And at the time, Hillary Clinton apparently did not realize that this was classified information.

Last point, the fun one I told you about.  A Sheryl Mills, her chief of staff sends one out to Hillary Clinton about someone just leaving the State Department. Someone who has left and says there's going to be champagne and cupcakes for the staffer. Hillary Clinton writes to Sheryl Mills, "Is there a back story?" Funny because even the Secretary of State gets into the office intrigue, when you get that little email saying, someone left the State Department, someone left Fox, immediately is there a back story, Megyn?

KELLY: You have been in Washington too long. That was neither fun nor funny.

HENRY: You've never said, is there a back story?

KELLY: Good to see you, Ed. Thanks.

Shannon Coffin is a Former DOJ Assistant Deputy Attorney General and Former Counsel to Vice President Dick Cheney. All right, Shannon, so...


KELLY: So she didn't -- what a shock, she actually did have more than one device. She had the iPad at the time -- the iPad has email. You can get email on it. So that was not true. Now we've got Sudan and one just crossed the wire saying she was talking about the American hikers who were taken into custody by the Iranians in 2009. And there is an email to her talking about a teleconference to the American Embassy. The point is on and on and on the classified information goes.

COFFIN: Let's talk with the Sudanese email. Look, the point about that email is it was characterizing communications from foreign government officials in Sudan about these tri-lateral talks. Those sorts of communications are necessarily deemed by the President of the United States, by executive order, to be classified. That is, they're now marked classified. But they were classified when they were written. And everyone in the State Department should know that foreign government communications are necessarily classified. Because the President in his executive order says the disclosure of that information is presumed to harm the national security. And that's the standard for classification.

KELLY: That's very important. Because her whole defense now, it's been, is I didn't knowingly have anything here. And the reason is nothing was marked classified while it was in my possession. They may be stamping it classified now but when I had it no.

COFFIN: I'll politely call that baloney. Because this very nature of this communication, which is sensitive communications from a foreign official that is designed to be confidential, has to be -- it is born classified.

KELLY: A question for you. The prosecutor -- you worked in the General David Petraeus case where he had classified information. She came out today and said there is nothing between the two cases because it all comes down to whether you knowingly engaged in unlawful conduct. We had the goods on Petraeus on that can't prove Hillary Clinton knowingly engaged.

COFFIN: And she attached the resume to it so she can be the next attorney general in the Clinton Administration. Look, the point about that is she is looking at one little statute that has an intent requirement.  And I just told you how you can meet that intent requirement in this situation. But the felony, there are felony provisions in the federal code that she ignores in her piece that require only a recklessness. What is more reckless than setting up your own server? And regularly now, we know regularly dealing with this highly sensitive government information.

KELLY: That is interesting, Shannon, good to see you.

COFFIN: Thank you, Megyn.

KELLY: A new poll from the key state of Iowa puts Carly Fiorina in the top three now, do you think that earns her a spot in the big debate coming up? Think again.

Plus, remember when parents would complain about the videos on MTV?  Wait until you see what they ran last night.


KELLY: Back to the big news from that new poll out of Iowa, which puts Carly Fiorina in third place, and it is rather ironic considering she may be excluded from the next big debate as she climbs in the polls. Back with us now, Chris Stirewalt and Howie Kurtz, Chris, so the fact is CNN set the rules for making the debate a while ago. And the reason she is not going to make it even though she is now running third in Iowa is what?

CHRIS STIREWALT, FOX NEWS DIGITAL POLITICS EDITOR: We don't know that she's not going to make it.

KELLY: But it doesn't look good.

STIREWALT: It doesn't look good today. She is basically neck and neck with Chris Christie, Governor of New Jersey. But the way CNN has rigged -- that's a strong word. The way they've arranged their polling structure, is that they go back before our debate. Our debate was August 6th, they reached back to the middle of July, they take those polls and then they stop counting polls almost a week before.

KELLY: Why are they looking at polls that precede even our debate?

STIREWALT: I would never -- we know how difficult it is to come up with a debate. I would never suppose why they would do what they did. I can only guess that they were trying to avoid bursts or shouts that change the order of things and trying to bring stability. What would we have done it that way, obviously no? But it was their choice and obviously it puts her at a disadvantage because she can't get any of that mojo she got from our debate.

KELLY: Right. Howie, does she have a legitimate beef?

KURTZ: Carly is being robbed here by these wrong-headed CNN rules. Now there are some conspiracy theorists online who say this is deliberately targeting the party's female candidate. That's not true. If they changed the rules in the middle of the game, the other candidates would go crazy. But it does seem fundamentally unfair not to include her recent momentum. I'll tell you though, by picking this fight with CNN and with the Republican National Committee, which Carly thinks should intervene, RNC says it can't do that legally. She is cementing her status as an outsider candidate but she'd rather be on big boy...

KELLY: But the thing is Chris, in CNN's defense like the Fox News situation, they set the rules just like we set the rules, and then the candidates had months to understand them and try to get themselves in that top ten position. She's done it but the weight of the earlier polls is holding her back.

STIREWALT: I have no beef with CNN setting whatever rules they have for their debate, just as we did for ours. It's their prerogative. It's their choice. I do have one beef with them, and that is this, they have claimed that because of a regulation from the Federal Elections Commission, they cannot change the criteria, they cannot change -- debate because of the FEC. Well that is horse hockey. You know it and I know it. You could change that. You can do that.


STIREWALT: They can go to the FEC but the FEC is a toothless (AUDIO GAP) thing. And for the right to have the debate you want to have, do it, don't blame the FEC. Just do it.

KELLY: Howie, in CNN's defense, they came out and said, revising the criteria on the eve of the debate -- not the demand and solely for one particular candidate is not something we've ever done and not something we're going to do now. Can you imagine the hell that Chris Christie would raise if they did?

KURTZ: He would go nuclear and rightfully so. The way CNN set this up, it does tilt toward professional politicians and away from these outsider candidates who don't begin the race with big name ID. But no, I happen to agree with CNN can't change the rules now, I just think the rules are wrong headed.

KELLY: Well, I don't know about that because Trump and Carson are going to make it in with no problem. But Carly Fiorina will have this surge since her debate performance in the first Fox News debate, it is not looking good for her, gentlemen, great to see you both again.

KURTZ: Good to see you, Megyn.


KELLY: They say a picture is worth a thousand words. So go to so share a few on this, and we will the back story. Whatever happened to little Hannah Montana, next.



UNIDENTIFIED FEMALE: Back to -- they had a lot to say about me the other day in the press, Miley looks good.


KELLY: Ok. That was rapper Nikki Minaj at last night's MTV Video Music Awards, calling out host Miley Cyrus after Cyrus took a public jab at Minaj earlier in the week. That was the start of an evening that has produced some crazy headlines and more than a few pictures.



UNIDENTIFIED FEMALE: A lot of people have problems with the police.  But I really hate police strippers.

UNIDENTIFIED FEMALE: I am honored to present the 2015 Vanguard Award to my friend, Kanye West.

UNIDENTIFIED MALE: As you probably could have guessed by this moment, I have decided in 2020 to run for President.


KELLY: Joining me now, National Review Reporter and Fox News Contributor, Katherine Timpf, Kat, good to see you.


KELLY: I don't know where to start. Half naked Miley Cyrus, actually naked Miley Cyrus with her breasts exposed.

TIMPF: Yes. She thinks that makes her a feminist hero by the way.


TIMPF: Because guys can walk around without their shirts off and girls can't. So I have a lot of problems that men don't have to deal with it. That's not one of them. I don't think you're a hero for me. These are people who think they're heroes. That's the thing. They're acting like idiots, they're acting like clowns, they're kind of disgusting, and they consider themselves role models for doing whatever just was.

KELLY: And then Kanye West goes out there and says he's on drugs at the time. And then says of course I'm running for President.

TIMPF: As I must have been guessed -- as I must have been thinking about all day long because he's so important.

KELLY: Everyone was wondering. I've heard, Mitt Romney, will he still run, what about Kanye? Oh, wait.

TIMPF: I don't care what he was smoking today. I don't care what he has to say. He's an idiot as far as I'm concerned. But the problem is people look up to him

KELLY: Big time.

TIMPF: I'm sure that he could win probably with the way things are going now. It is all about entertainment value. Nobody wants to learn where people stand on issues or anything like that. They want to see people dance around.

KELLY: You're a young woman. I'm sort of young, I used to be young recently. Parents -- council comes and saying MTV had an opportunity to stir a young audience to aspire to something positive and uplifting.  Instead they chose to perpetuate blatant sexualization, and to celebrate the use of illegal drugs. That is a true statement. Is it too stuffy? Do they have a legitimate point? We don't care how low our young people go.

TIMPF: I think that they do especially because a lot of these people -- all of them are celebrities. A lot of them are privileged. They have parents in the industry, etcetera. They can do that. And they're fine because they're already rich. Young people try to do that. They're not going to get jobs.

KELLY: Right -- like showing a boob.

TIMPF: Right.

KELLY: At your job interview, it's not going to work too well for you.

TIMPF: It's not going to work out well for you. If you're not already Miley Cyrus or you're not a Kardashian, it is going to be bad if there are naked pictures.

KELLY: If you try on excuse it by saying, I'm sorry, I was on drugs.

TIMPF: Feminism! I did it for all women. I don't know. This is ridiculous. People are watching this more than anything else and they're taking it seriously.

KELLY: Hopefully they're flipping over to the news every once in a while, hopefully. We'll see, maybe, maybe not. Kat, good to see you, and we'll be right back.


KELLY: My husband just texted me to say that my 5-year-old cannot sleep and is up watching "The Kelly File" with my husband. And I say this with all due respect to Sean Hannity who is about to join you live -- go to bed, honey. Mommy loves you. Sean objects. See you.

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