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Kelly File

Black Americans fight back against Black Lives Matter

This is a rush transcript from "The Kelly File," September 2, 2015. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Breaking tonight, two big items on Donald Trump, Jeb Bush and the GOP field as Trump gets very personal in a new attack on Jeb Bush. And Fox confirms the Republican National Committee is now asking for a loyalty pledge that appears aimed directly at Donald Trump.

Welcome to "The Kelly File," everyone. I'm Megyn Kelly. Fox confirmed these reports just a few hours ago, several campaigns telling us the Republican National Committee has fashioned a pledge for candidates to sign vowing that they will not consider a third party run if they do not get the GOP nomination. It appears aimed directly at Trump who refused to agree to that condition when pressed on the issue during the Fox News debate. It also comes as Trump continues with brutal back and forth with Jeb Bush which late today got personal when Trump took a shot at Bush for speaking Spanish on the campaign trail.

We have Brit Hume, Chris Stirewalt and Howie Kurtz all with us on 2016 tonight. But we begin with our chief Washington Correspondent James Rosen with the very latest in the battle between Trump and Bush. James.

JAMES ROSEN, FOX NEWS CHIEF WASHINGTON CORRESPONDENT: Megyn, good evening.  If Jeb Bush wanted to separate himself from the GOP pact and engage in single warrior combat with the frontrunner Donald Trump, it would appear the former Florida governor is getting his wish. Already this week, the two republican presidential candidates traded attack videos with Bush cueing up old sound bites of Trump declaring himself very pro-choice in taking other liberal positions and Trump assailing Bush for likening illegal immigration to a lack of love, saying it's time to get tough.  Then speaking to reporters in Miami yesterday, Bush repeated his theme that Trump is not a conservative in fluent Spanish.  

(BEGIN VIDEO CLIP)

JEB BUSH, R-PRESIDENTIAL CANDIDATE: (Speaking Spanish) What we did today was to put out his own words to show that he's not conservative. He supports people like Nancy Pelosi. He's given money to Hillary Clinton.  

(END VIDEO CLIP)

ROSEN: This afternoon in a telephone interview with Breitbart News, the billionaire real estate developer fired back at Governor Bush once more with remarks that have shortage generate more controversy in debate as to how much support Trump who has bluntly criticize the Mexican government can expect to receive among Latinos. A group that made up 10 percent of the electorate in 2012. "I like Jeb, he's a nice man," Trump said. "But he should really set the example by speaking English while in the United States." Trump also sought to diffuse the attacks on him as a flip flopper by likening himself to President Ronald Reagan.

Perhaps history's most notable convert from the Democratic Party to the GOP. And there too Trump found Jeb Bush lacking, quote, "By the time I'm finished with the presidency, after eight years of the presidency," Trump said, "People will say I'm a great conservative, far greater than Jeb would ever have the ability to be," unquote. Now, late this afternoon, Bush campaign manager Danny Diaz tweeted that Trump is on a, quote, "One man mission to kill the GOP," and he linked to a Daily Mail story reporting that the Trump national Doral Hotel in Miami actively recruits bilingual employees with job postings that say, quote, "Knowledge of other languages, especially Spanish is a plus. We're told further Governor Bush himself who will respond to this tomorrow morning presumably, Megyn, con mucho gusto.

KELLY: Feliz cumpleanos, James. It's great to see you.  

ROSEN: Gracias.

KELLY: Just 40 yet again. See you soon. Thank you.

Joining me now with more, Chris Stirewalt, our Fox News digital politics editor and Howard Kurtz, host of Fox News' "MediaBuzz." Good to see you both. Let's start with the RNC Loyalty Pledge. Chris, you were on the debate team with yours truly. How is what the RNC is now doing different from, will advance the ball more than this moment at the GOP debate Fox News hosted on August 6th?

(BEGIN VIDEO CLIP)

BRET BAIER, HOST, "SPECIAL REPORT": Is there anyone on stage, and can I see hands, who is unwilling tonight to pledge your support to the eventual nominee of the Republican Party and pledge to not run an independent campaign against that person.

(CHEERS)

Mr. Trump.  

(END VIDEO CLIP)

KELLY: Chris?

CHRIS STIREWALT, FOX NEWS DIGITAL POLITICS EDITOR: It was -- it's -- it looks crazier now than it did before. That was a fun night.  

KELLY: Very.  

STIREWALT: But so, here's the difference. Trump's answer goes on into talking about like maybe I will if you're nice to me. If you're not nice to me, maybe I won't. You know, maybe I will go out and run a third party campaign. We'll just see whether essentially you guys deserve it or not.  He's speaking to his party. The difference here is, if you're presented with a piece of paper and it's from the party itself and all of the other candidates sign it and say, we're not going to play spoiler at the end, we promise we'll abide, we don't want Hillary Clinton to win the presidency.

So, we're going to suck it up and do it, if Trump says no, this starts the question of, do they eventually bring sanctions against him, do they try to do things that will take him off the debate stages? Do they do things delegate counts and all that stuff? And it could really be the beginning of a pretty significant schisms in the Republican Party. And so, Hillary Clinton is doing a happy dance but we'll see where they --

KELLY: What kind of sanctions could they bring against him if he doesn't sign their pledge?

STIREWALT: Well, the sanctions are on the front end. There's nothing you can do to make him honored at the end. If he signs it and doesn't abide by it, there's nothing you can do. Because that's too late. The horse has already left the barn. But what you can do at the beginning is -- and this is why it would be so ugly if he opted to say, no, if he says no, they could say, well then debates that are sanctioned would be unsanctioned if they invite you. You're not going to be invited to these debates.  

KELLY: Oh, boy! That's not going to happen.  

STIREWALT: Oh, it gets ugly quick.  

KELLY: That is not going to happen. So, the question is, why are they doing this? And, you know, just, the other question is whether he's likely to sign it, Howie. Because what we're seeing right now is the man who's the front runner in every poll, every poll he is the front runner in. And so he's talking about whether the party is going to treat him fairly. The party is anointing him at the moment. So what downside is there in him signing it? And, you know, right now he seems more focused on fueling the fire with his rivals than he does on dealing with Reince Priebus in the RNC.  

HOWIE KURTZ, HOST, "MEDIABUZZ": This carries a whip of desperation by a GOP establishment whose candidates are getting routed by the Rookies lead by Trump. I mean, Trump is already been making noises about he'll probably sign the pledge for an upcoming deadline in the South Carolina primary. He said, the RNC is treating him fairly which is his code for I'm not going to take my marbles and go away. But he does not like being back into a corner. And again, you know, if he signs it, you know, he may not sign it and he may dare -- he may play chicken. He may dare the GOP to come after him even though I think he probably is not leading toward running third party at this point.  

KELLY: Let's talk about the remarks about "Speak English" directed at Jeb Bush. And they just came out with a poll from ABC News that shows his approval rating with his Hispanics. And he has a 15 percent favorable approval rating with them. His popularity is 15 percent. He's got 82 percent who don't like him. Paul Begala over on CNN just said, I think he's going for an even hundred with these comments. They're going for it.  Smart move? You tell me, Chris.

STIREWALT: Well, look, Trump is trying some outreach now to Hispanics.  He's had a meeting now with Hispanic Chambers of Commerce. He and Geraldo Rivera are apparently working on some sort on a Mexican Lunch Summit. He's trying some things to make himself for more palatable. But the problem with somebody who is this famous with Donald Trump undoing that, getting that to change is going to be very difficult. Because the press narrative that has been relentless from day one since his opening speech, since his initial remarks has been that he's xenophobic, has been that he's racist, that he is all of these things. So, turning that bus around would take a lot of effort. And as you spend time trying to undo the negative, you are stranding your supporters who want you to be taking the fight to Jeb Bush.  

KELLY: What about Jeb Bush? Because we've seen him starting to mix it up with Donald Trump in the past couple of days Howie like we haven't seen before.  

KURTZ: Yes. I don't think he has much choice at this point. But I got to tell you, watching this, the punching back and forth, it looks like Bush is playing tiddlywinks and Trump is like a pro-wrestler trying to slam to the campus. So, he taunts him with things like why don't you speak English.  Journalists all say wow, that's really over the top. That could hurt him with the Hispanic community. But Trump's followers love him even more for sort of sticking the finger in the eye. And I think that if you turn the sound down on this back and forth, and the media by the way not really policing the substance of it, the two ads are just enjoying the food fight.  When you turn the sound down, you see Jeb who said he wanted to run a joyful campaign does not look like he's enjoying himself and Trump is having the time of his life.  

KELLY: Joyful. Who is going to run a joyful presidential -- what on earth is joyful about that process. Anyway, good to see you both.  

(LAUGHTER)

While Trump and Bush battle it out, Dr. Ben Carson is getting good news from the latest round of polls. So, guess who's now taking some incoming of his own. Brit Hume is back with us and he is next on the road ahead for Dr. Carson.  

Plus, new fallout tonight from the big news out of Baltimore on the six officers charged in the death of Freddie Gray. We'll show you what the defense is celebrating tonight.

And then you will get the meet the marine vet now taking on the Black Lives Matter Movement and hear him tell us what has happened to him since he posted this message right here.  

(BEGIN VIDEO CLIP)

MICHAEL WHALEY, MARINE CORPS VETERAN: Black Lives Matter Movement only promotes racism and now they're encouraging black people to go kill white people because they want white people to feel what we felt 400 years ago.  Newsflash, we're you living 400 years ago? No.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

KELLY: Breaking tonight, Dr. Ben Carson star on the rise. His campaign announcing his best fund-raising month to date, bringing in some $6 million in August, a month that is typically one of the worst for politicians trying to raise money. And then there's the recent Monmouth University poll out of the key battleground state of Iowa. Dr. Carson tied with Donald Trump there. We told you that the other night. Followed by Fiorina, Cruz and Walker rounding up the top five. Now the doctor finds himself facing a new bit of incoming.

Brit Hume is our Fox News senior political analyst. Brit, good to see you.  So, before I get to what Trump is now saying about Dr. Carson, your thoughts on his rise and the reason for it?  

BRIT HUME, FOX NEWS SENIOR POLITICAL ANALYST: Well, it suggests to me Megyn that there's a volatility here in the polling and in the public sentiment. Look, it is still very early, Megyn. Sentiment is soft, voters are fickle with the choices they make when questioned by pollsters. And if you look at the rise of Carson and the decline of Scott Walker in that Iowa poll, it kind of tells you all you need to know about this race. I don't think Scott Walker, the voters in Iowa have really changed their minds completely about Scott Walker, it's just that sentiment is soft. And Ben Carson, you know, had a great outing in the debate in the sense of his closing statement really kind of brought the house down and everybody loved it. And he's been kind of reflecting that ever since. And so, he's having his moment just as Herman Cain had his moments, and Rick Perry had his moments --

KELLY: Rick Santorum.

HUME: Rick Santorum had his moments. And Newt Gingrich had his moments.  They all took their turns in the frontrunner position in 2012 and they all faded.  

KELLY: But now, that is the difference so far that we've seen with Donald Trump versus all those people you just mentioned. Because his lead, his position atop the polls has been sustained so far much longer than we saw with these others.  

HUME: Yes. But he's not in the lead now in Iowa, is he?

KELLY: Well, it's tied.  

HUME: Well, I know. But that's not leading.  

KELLY: Tied for the lead.

HUME: And I'm just saying -- well, that's right. But look, that's not bad. Look, he's still in the lead but people are beginning to gain on him, which wasn't happening before. All that was happening is that people were all kind of bouncing around many points behind him. Now somebody has risen to challenge him. I'm just saying, it's early, they'll be a lot of this.  And how this plays out is a long way from being decided.  

KELLY: So, it's no accident most likely that in an interview with the Daily Caller, Trump spoke with Dr. Carson today and began with the same line we heard about Jeb Bush, he talked about how he's nice and he's really a friend of mine. He says though, I just think it's a very difficult situation that he puts himself into, to have a doctor who wasn't creating jobs and would have a nurse, maybe two nurses. It's such a different world. I have created tens of thousands of jobs over the years. And so, Trump is now paying some attention to Dr. Carson and may continue to.  

HUME: Yes. Well, we'll see how that plays out. You'll see how the people that have decided they'd rather like Carson react to that. There may be a lot of people who like Trump and like Carson. Will they like Trump more because he attacks Carson in a kind of mild and somewhat irrelevant way?  

KELLY: He has the two nurses.  

HUME: Yes. Give me a break. I mean, you know, look. These two guys have one thing in common. Neither of them has ever worked a day in his life, in public life and in the moment in this race in this year in the Republican Party, that's a distinct advantage.  

KELLY: That's right. And so, what do you think -- how important is the next presidential debate that we're going to see on September 16th with these guys?

HUME: It's about as important as the next presidential debate can be. I mean, look, even after this next debate is over, it's still going to be early days. And we're still going to have a long way to go before anybody votes. And you know, the candidates who have a lot of money has still not unleashed that much of it on themselves and on each other. So we got, we got a ways to go here. I mean, this has been fascinating. It's been the summer of Trump and maybe it will be the fall of Trump and the winter of Trump too. But we're a long way from being able to say that.  

KELLY: Last question before I let you go. The loyalty pledge, good idea?  Bad idea? What's the RNC doing?

HUME: Well, they're trying to make sure that Donald Trump doesn't stay in the race and then go third party in the end and then take all of his supporters with him and elect a democrat. That's what that is about. And Trump's position, you know, when you think about it for a minute, Megyn.  Suppose he got the nomination, you know, with all of his baggage and with all the rest of it, and all the not very conservative things that he's said and done in the past. Wouldn't he want all of those guys to pledge to support him? I think he would. So, maybe he would be wise not to resist this.  

KELLY: Interesting thought. Brit, it's great to see you back again.  

HUME: Yes. Thanks, Megyn.  

KELLY: To be continued. Well, big news out of Baltimore tonight on the trial of those six police officers charged in the death of Freddie Gray.  See what's next for these officers after three big rulings from a judge today.

Marthur are here. Do I say Marthur is here? It's a combination of two people. It's difficult to know.

Plus, the county clerk is refusing to help same-sex couples get married and suddenly some media outlets are reporting on every piece of dirt they can find on this woman. Is that fair? Dana Loesch has some thoughts. She's here next.  

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: From what? Why are you not issuing marriage licenses today?

UNIDENTIFIED FEMALE: Because I'm not.  

UNIDENTIFIED MALE: Why?

UNIDENTIFIED MALE: Under whose authority?

UNIDENTIFIED FEMALE: Under God's authority.

(END VIDEO CLIP)

KELLY: Developing tonight, new questions over the intense media scrutiny of a county clerk who ignited a firestorm by refusing to issue marriage licenses to same-sex couples. Here's Kim Davis today turning away couples who are applying. She says gay marriage conflicts with her religious beliefs and issuing these licenses violates her conscience. Suddenly Ms. Davis has become the story with various media outlets reporting on her past marriages, her divorces and children who may have been born out of wedlock.

Dana Loesch is the host of "Dana" on the BlazeTv. And the accusations by those folks against Miss Davis is that she is a hypocrite for in their view judging other people's lifestyles while not living up to the Christian standards herself.  

DANA LOESCH, HOST OF "DANA" ON BLAZETV: Right, Megyn. Thanks for having me back. I love the headline that was over at the Federalist today.  Basically Kim Davis Megyn is being condemned because she wasn't following the Christian faith before he became a Christian tour years ago.  

KELLY: Sometimes a Christian has difficulty doing it. Well, we actually are. You know --  

LOESCH: Yes. Exactly. I mean, before she even converted they're condemning her, she's been married four times, and oh, she had a set of twins out of wedlock, which I've never heard the progressives ever use that phrase in a non-Ironic fashion. They're digging up so much dirt on her.  And it's so similar. Remember what they did back to Brendan Eich, who is the former CEO of Mozilla. They went after him when they found out that he had privately donated money to the Prop 8 cause. They ran him out on a rail like a -- they ran him completely out of Mozilla and they're doing the same thing with Kim Davis.  

KELLY: It's one thing to sort of attack her on look, the Supreme Court has ruled and now you to comply and as a legal matter I'm going to try to make you comply which is what the ACLU is doing. It's quite another to talk about prior sins she's committed before she converted to Christianity. So, is this about a character attack like a distraction?  

LOESCH: Yes. They're committing Megyn, the very same thing of which they're accusing her. And we should note, she's received a number of threats, including death threats. I read, actually, no, I heard from her attorney today that someone's threatened to burn down her house, all kinds of threats that she has received from the loving and tolerant raging peace mob. And so, she's like really facing a lot of scrutiny, she's been at this job -- she's a democrat, too. That nobody else is reporting, that she's a democrat, an elected democrat. So she can't just be fired. She's always going to elected with a significant number of votes and she's been doing this for, you know, a couple of decades now. And the law just recently changed. And yet people don't want to fight the legalities, they just want to smear her character, drag her kids and do it, everything else.  It's shameful.  

KELLY: That was the question that everyone was asking, right after the Supreme Court's ruling, which is, what about those who have a conscientious objection to participating in a gay marriage whether it's a baker or a county clerk who doesn't want to issue, you know, the permission slip that is required under the law. But the response is, then you got to get rid of that job. You can't be doing that job because it's been ruled unlawful for you to uphold that view.  

LOESCH: Yes, it's amazing that they don't give her any accommodation. I mean, she has to sanction these unions by putting her name on this piece of paper. And you could go, there's like 130 other clerks that are in Kentucky, and you can drive for maybe 30 minutes, 40 minutes either way and you're going to hit another clerk. So, it's not that people are completely barred from getting a license. They specifically want Kim Davis' signature and they want her to compromise her beliefs so they want to do to her what they did to Brendan Eich.

KELLY: Dana, good to see you. We'll continue to follow it.

LOESCH: Thanks, Megyn.

KELLY: Well attorneys for the cops charged in the Freddie Gray case walked away with at least one victory today and it was a big one.

Mark Eiglarsh and Arthur Aidala will tell us what it means for the trial ahead.  

Plus, you'll get to know the marine vet now taking on the Black Lives Matter Movement and hear him tell us what has happened to him since he posted this message right here.  

(BEGIN VIDEO CLIP)

WHALEY: This Black Live Matter Movement you all has to stop. Because you're promoting race theology and black people to hate white people. And they are encouraging black people to throw their lives down drain by taking away somebody else's life? Sad.

(END VIDEO CLIP)

KELLY: Breaking tonight, the first major hearing for the six officers charged in the arrest and death of Freddie Gray has resulted in wins for both sides. Freddie Gray suffered a severe spinal cord injury while in police custody and died a week later.

Trace Gallagher is live in our West Coast Newsroom with the details of what happened in court today -- Trace.

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Megyn, the six Baltimore police officers charged in the death of Freddie Gray were not in court today but there were 14 defense attorneys and seven prosecutors. And while it wasn't a clean sweep for prosecutors, the judge did give them most of what they wanted. First, a defense request to dismiss the charges was denied. Then the defense asked that Baltimore State's Attorney Marilyn Mosby be recused from the case for talking to the media about the evidence and for saying this when she announced the charges back in May. Listen.  

(BEGIN VIDEO CLIP)

MARILYN MOSBY, BALTIMORE CITY STATE'S ATTORNEY: I heard your call for no justice no peace. Your piece is sincerely needed and I work to deliver justice on behalf of this young man.  

(END VIDEO CLIP)

GALLAGHER: The defense claims no justice no peace essentially meant no conviction, no peace. The judge did admonish Mosby saying, "It was troubling and inappropriate for her to discuss the evidence, especially about whether the officers were cooperating with investigators." But the judge ruled these were not grounds for dismissal. The prosecution also wanted the officers tried in groups of two or three. Instead the judge granted the defense request to try them individually. So far no word on who will go first. But six trials mean six opportunities for potential unrest. Here's the Baltimore mayor.

(BEGIN VIDEO CLIP)

STEPHANIE RAWLINGS-BLAKE, BALTIMORE MAYOR: What that means is we'll have six different -- we'll have to monitor six different trials and the flash points associated with them and we'll be ready for it.

(END VIDEO CLIP)

GALLAGHER: Hundreds of people signed up on Facebook to demonstrate outside the courthouse today, only a few dozen showed up. It's been three months since Freddie Gray died of the severe spinal injuries. He apparently suffered while in the police transport van. Next week, the defense will ask for a change of venue, arguing the officers cannot get a fair trial in Baltimore. Megyn.

KELLY: That's going to be the big one. Trace, thank you. Joining me now, Mark Eiglarsh, he is a criminal defense attorney and former prosecutor. Arthur Aidala is New York trial attorney and Fox News contributor. Good to see you both. So the -- I don't think anybody here expected the defense to win those first two motions, but let's talk about the motion that they did win to have this case tried -- they wanted individual trials for each defendant. And Mark, they got it.

MARK EIGLARSH, CRIMINAL DEFENSE ATTORNEY: Megyn, this is huge. First of all, the two motions were recusing her and dismissal, about as predictable as our Arthur showing with no hair. Less predictable that he'd have the tan of (inaudible) that just blows me away, but as to the motions.

(LAUGHTER)

EIGLARSH: As -- you had to go there Arthur, I love you brother. As to the motion being granted, this is a huge victory for the defense. As a trial lawyer, there's nothing worse than having a potentially antagonistic defense, where you want to say, it wasn't me, it was office Jones who did that, it was Smith, it was -- no, no, no, no. Now you're separate. You can clearly go out and tell jurors that wasn't my responsibility, that's this officer, that's this officer. It is right, great decision.

ARTHUR AIDALA, FOX NEWS CONTRIBUTOR: And you.

KELLY: Go ahead, Arthur.

AIDALA: You also -- that the whole element of surprise that is innate in our system, where you don't know what the witnesses are going to say, with the exception of whoever gets tried first goes out the window for the other five. Do you know what a luxury it is to have all of the evidence and you know what they're going say, you have the transcript to cross-examine someone? And if you're the fourth person who actually goes to trial, and Megyn, I don't think that's going to happen. I think after the first or second trial, there will be plea bargains, one way or the other.

(CROSSTALK)

KELLY: What did you make of the fact.

AIDALA: I can't agree with Mark more.

KELLY: It's a huge victory for the defense. What did you -- what did you make of the fact that the judge, Judge Barry Williams gave Mosby somewhat for, for her comments that we've been talking about on this show? And I have to say, we wound up in agreement with the judge, that they were problematic and inappropriate, but not enough to recuse her. He came out and said he was troubled by it, Mark?

EIGLARSH: I love it.

KELLY: He was troubled by it.

EIGLARSH: I love it.

KELLY: And then he questioned her on her, well I was just trying to keep the peace, defense of her comments.

AIDALA: Oh come on.

KELLY: And he came out and said, really, is that your job, to keep the peace or is it to prosecute cases? This guy gets it.

EIGLARSH: I love it, but I think it went in one way and out the other. She doesn't care what he thinks. What I do think is extraordinary, as big as this ruling, is that the judge, in spite of the fear in that climate, in that city, where people are metaphor, can be running around with pitch forks and burning property down. This judge, in spite of that pressure, followed the law and made the right rulings on all three of these motions.

KELLY: And the other thing he did Arthur.

EIGLARSH: That is wonderful.

KELLY: He placed under seal a couple of things, a police dispatch tape and the redacted statements of the officers. That was also, probably saying -- I mean as a member of media, I was once see these stuffs, but if I were the judge in this case, I'd probably issue the same ruling. What about you?

AIDALA: I agree and I agree with Mark. I think it's not what the judge ruled, but the fact that he had the guts to do it, considering what happened in the past and what was happening right there and then. They knew it. OK, it wasn't a huge protest, but protesting was starting right outside the courthouse. You don't want to be the individual to start another one of those riots. But Megyn, what I'm looking for and I did a little research on the Maryland law and it can happen is it with the defense the make the motion of your honor, we want you to read the grand jury minutes and we want you to make sure the grand juries were presented sufficient evidence. That there were sufficient facts to support these charges, especially the one of murder against the driver. That is not happen yet.

KELLY: So in other word, the defense is going to try to get this case kicked based on motion practice and to keep it from the jury. Again, they're gonna try to have another bite from that apple. But I want to ask you this.

AIDALA: Yes.

KELLY: Mark Eiglarsh, let me ask you this. That the net -- the big one is September 10th, that's the motion to get this case removed from the city of Baltimore. And, I mean, look at what happened today. The -- have you ever seen protesters when a motion is argued? It's a motion being argued.

EIGLARSH: Crazy. And I'm talking to you, Ms. Mosby, because I know you watch this show. Agree to the motion. It is supported by the law and the facts. This case should be transferred out of that city where the heat and the fear are extraordinary. Just do the right thing. I challenge you.

KELLY: She'll still have the case.

(CROSSTALK)

KELLY: She'll still have the case. The only question is whether these officers can get a fair trial in this city.

AIDALA: But the thing is, Megyn, it's the real, the real problem. It's such a small state. Like where are they going to go?

(CROSSTALK)

KELLY: There's another county to which they often transfer cases.

EIGLARSH: Anywhere else Marthur.

AIDALA: But look.

EIGLARSH: I just called you Marthur -- Arthur, anywhere else.

AIDALA: And when it -- but Mark, when it happens in New York and you can go 150 miles away to Albany, there's a real change of venue. Here, the judge - - but he's already indicated.

EIGLARSH: Arthur.

AIDALA: He doesn't like her statements.

EIGLARSH: You do it.

(CROSSTALK)

KELLY: There's a huge difference in another county.

(CROSSTALK)

EIGLARSH: You do it, but two reasons.

KELLY: Go ahead, Mark.

EIGLARSH: You do it for two reasons; number one, if there are convictions, you don't want that to be an issue on appeal. So why go through this whole thing again? And number two, it's just the right thing to do.

KELLY: I got to go, but I got to ask you this quickly. Before we go, Arthur.

AIDALA: I don't see it happening, Megyn.

KELLY: The trial.

AIDALA: I don't see it happening.

KELLY: Is scheduled right now for October 13th. Is there any chance any of these people get tried on?

EIGLARSH: Heck no.

KELLY: No, no.

EIGLARSH: No.

KELLY: Let's do it.

AIDALA: No way. There's more motion practice, more discovery.

KELLY: Mark?

AIDALA: A lot more home work to do on both sides.

(CROSSTALK)

KELLY: Great to see you both. I got to go.

AIDALA: Yeah, take care.

(LAUGHTER)

KELLY: Well, it comes as no surprise that among today's protests in Baltimore, where folks the Black Lives Matter moment. Up next, we will introduce to you to the Marine veteran, adding his name to the list of those questioning this movement now. And then Mark Fuhrman and Richard Fowler are here to weigh in on the latest from the group.

Plus, if you're thinking about going to the beach this holiday weekend, stay tuned for a word from this guy.

(BEGIN VIDEO CLIP)

GREG SKOMAL, MASSACHUSETTS DIVISION OF MARINE FISHERIES DIRECTOR: As the sharks show up in larger numbers, the seal -- the seals take notice of this and they actually stay very close to shore themselves. So the seals are right along the shoreline, which of course would draw the sharks in very, very close.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

KELLY: It has been more than 36 hours since the mysterious death of a police officer in Illinois. And despite having at least 100 investigators surging for Lieutenant Joe Gliniewicz, and his killers, that is. Authorities appear to be nowhere close to catching them, multiple vigils for the man known as G.I. Joe, springing up, with the search for his killers now expanding. Investigators are going door to door, near the crime scene searching for suspects who were only described as two white males and one black male. Gliniewicz was shot early yesterday morning at their spotting, what he described as suspicious activity. Well Gliniewicz's death comes just days after a Texas sheriff's deputy was killed, execution style while pumping gasoline into his patrol car. A crime that is led to new complaints about the anti-police rhetoric, we have been hearing, in particular from some of the Black Lives Matter protests, but law enforcement officials are not the only ones questioning the movement now. Earlier this week, a marine vet took to YouTube with a message that quickly got national attention.

(BEGIN VIDEO CLIP)

MICHAEL WHALEY, ALLLIVESMATTERMOVEMENT.COM: This Black Lives Matter movement only promotes racism. And now they're encouraging black people to go kill white people because they want white people to feel what he felt 400 years ago.

All lives matter. That police officer that got killed by that black man because that black man listened to what you all were saying about going out and killing white people. That police officer's life mattered. That 9-year- old girl in Ferguson, Missouri, that got shot in the head while she was doing her homework in a drive-by shooting that none of you all protested -- her life matters.

Then you all slander me, you all call me all time and I had a taste of how (beep) whatever. Man, take this out. I got a drill -- I had drill instructors in boot camp that have better insults than you all. The reasons why I have a lot of black supporters (inaudible) true, he reason why I have a lot black supporters because black people can't accept the truth about themselves, black people admitting to the truth is like they're snitching on themselves. And black people have a no snitching rule. They go to (inaudible) when they die, you all teaching black people to hate white people and then you all encouraging black people to throw their lives down the drain, by taking away somebody else's life? Sad, I'm going to pray for you all.

(END VIDEO CLIP)

KELLY: Joining me now, the young marine you just saw, Michael Whaley. Michael, thank you so much for being here. What a powerful message. And I want to start by saying, a 27-years old. You're a father yourself. And in the wake of you posting this video, you've gotten severe pushback. What kind of messaging are you receiving?

WHALEY: I'm getting all types of messages from everybody. Everybody is entitled to their own opinion. So -- everybody is entitled to their own opinion, so freedom of speech. So they can say hateful stuff towards me. Sometimes the truth hurts. Sometimes the truth is bitter, it's not going to sweet. I'm just trying to do is get the message out.

KELLY: And you.

WHALEY: I love everybody. I love everybody, I love you all. I care about all of you all. If I didn't care about you all, I wouldn't be here. I'm missing time with my kids to get this message out because I worry about my kids at night and your kids and the future. That's what matters.

KELLY: And why.

WHALEY: Their lives matter. All lives matter.

KELLY: Why do say in the video, why do you believe that the movement promotes racism because it says, it's there to stop racism that it perceives on the part of law enforcement.

WHALEY: It doesn't -- no, it only promotes racism. The reason why because - - let's take -- I'm putting in the spotlight of Chicago because, this goes out to the people in Chicago, I care about you all. Because it's a lot of crime that goes on in Chicago every day single that doesn't get talked about in the mainstream media, and their lives matter. As too much killing is going on. And the Black Lives Matter movement, they only protest when a white officer kills a black person. And to be honest, the mainstream media causes a lot of racism, they instigate it because, in the mainstream media, they put white officer killed unarmed black man. It instigates racism. Now, they would put police officer kills unarmed civilian, you wouldn't know if the person was white or black and 9 times out of 10, people are watching probably, wouldn't give a damn. Sorry for saying that.

KELLY: What do you.

WHALEY: I'm just being honest.

KELLY: What do you mean about the no snitch rule? That was the first I heard something about that. About -- this is.

(CROSSTALK)

KELLY: For why you think -- black people, in the inner cities don't speak up more about black on black crime?

WHALEY: The no snitching rule, you know, you know for a fact, you probably heard of the (inaudible). So I know this is your first I handed (ph). You heard a no snitch rule, that's been a no snitch rule.

KELLY: Yeah.

WHALEY: It's my.

KELLY: But in this context, it was new.

WHALEY: Ok, but yeah, how it is that, it's telling the truth like of a black -- black on black crime happens every day, so if a black person kill another black person, they're going to deny it until they die. They go -- they're not going to admit the truth. And some people don't like admitting the truth because they don't like that. Like I had -- it hurts me to say (inaudible), it hurts me. As a black man, so I have to tell the truth about my own people, but I did it because I care about my people. Jesus own people turned on him because he spoke the truth and they had him crucified, but at the end of the day, he loved them. So I love every single one of you all. And this violence that is going has to be stopped. This racism that has -- that is going has to be stopped because black people and white people, we are not enemies. We have somebody else just behind closed doors that as me pulling the strings and as me causing a lot of the racism here in America. Look at Martin Luther King. Well, Martin Luther King wants people to riot in Ferguson? No, he would not. Well, Martin Luther King wants people to riot in Baltimore? No. Martin Luther King had a dream. Now it's time for us to turn the dream into a reality. I don't care if I die trying, but guess what, I got my kids is going to carry on my legacy. And if I can't make that dream happen, then they're going to make it happen. It starts with us. It starts with education. We need to teach our kids that are growing up to overcome that diversity, to accept criticism of our racist and to love one another not because of the color of their skin. And the Black Lives Matter movement, they all instigate, they encourage an African- American to throw away their lives, to -- for what? To take care of something that happened years ago, that most white people in this generation was not a part of that they could not control?

KELLY: I understand.

WHALEY: Let his -- this history. Let's not look at the negative things in history. We go look at the negative things, let's take those negative things and turn it into positive because history tends to repeat itself.

KELLY: I got it.

WHALEY: I'm tired.

KELLY: Michael, thank you.

WHALEY: So let's make -- so let's make a changes to history. And all promote is all lives matter movement because (inaudible) because I care about all, I care about everybody. I love all of you all.

KELLY: I hear you. And I hear you. And hopefully, you won't receive any, any of -- you know hateful feedback. We appreciate you coming on, telling us your perspective tonight, all the best to you and thank you for your service.

WHALEY: You're welcome.

KELLY: Joining me now for more, Mark Fuhrman, Fox News contributor and former LAPD homicide detective, and Richard Fowler, a nationally syndicated radio host. Richard, where is he going wrong?

RICHARD FOWLER, NATIONALLY SYNDICATED RADIO HOST: Well, I think this brother is exactly right. I think he speaks to the fact that we need -- that all lives do matter, right? But here's the thing, and I think he will tell you, as nobody else tell you, what's in question is whether or not black lives matter. And I think when you see more and more African-American die at the hands of police or at the hands of, you know, even black on black crime where you have too many illegal guns on the street, you have a serious problem, Megyn. And I'm not only talking about this from just speaking out of my own stuff. I think you look at all the poll data, a Pew report recently came out, indicated, that even white Americans and Hispanic Americans overwhelmingly believe that we have got to do something about the racial disparities that exist in your country. Whether be mass incarceration as part of our prison system, or if you always see happening everyday all across the country where Africa-American are racially profile police officers.

KELLY: What's interesting when you listen to Michael, Mark, is he doesn't necessarily deny some of those stats, but he sort of thinks -- let's start by looking internally in our own communities and take responsibility for our own role in some of this.

MARK FUHRMAN, FOX NEWS CONTRIBUTOR: Well, it's really nice to hear some common sense on the media about this. And you know, when you think about black lives don't matter or black lives matter, excuse me, what doesn't matter is there, at the same time, they're saying this, they're chanting about murdering police officers. And are they talking about murdering black police officers and white police officers? Just white police officers, but if they're talking about anybody, in the same breath, they're talking about murdering somebody, the very thing they're out protesting. I'm a little confused with this. And I think Michael was very accurate, that it all promotes racism. The message becomes all muddled in their purpose to actually change something that they're misrepresenting most of the time.

KELLY: That's the thing, Richard, is that it's tough. Like, they really want to get through to the cops, to be heard by cops. It's tough to make the cops hear you, when as we showed at last, you're out there chanting oink, oink, bang, bang in their faces.

FOWLER: Here's the thing, Megyn. I think the question that we have to ask ourselves, actually, (ph) I was on the show yesterday, talking about the same matter. I think what the Black Lives Matter movement is asking for, what they're pleading for, what they're begging for is accountability. Not only from police officers, from elected officials to make sure that every citizen, whether you are black, white, Hispanic or Asian is treated with the same respect from police officers. But with that being said, what's in question here Megyn, is whether or not black lives truly matter to police, right? If you look at all of the case -- look at stop and frisk in New York City, where they over profiled more African-American -- over proportionally African-American to stop, even though they committed no crime. We indeed have a problem. We have done in the show before and talked about mass incarceration, where this nation spends $80 billion a year, putting people in prison, rather than educating them in the schoolhouse. These are major problems. This is not a white problem or a black problem or republican problem or conservative problem. This is an American problem, with $80 billion going down the drain.

KELLY: Go ahead, Mark.

FOWLER: In mass incarceration and it's ridiculous.

KELLY: Go ahead, Mark.

FUHRMAN: Well, when I hear Richard, he is kind of -- kind of coloring this with a lot of crayons. When you talk about violate crime and who is in prison, it's exactly the proportion of who is identified in crime reports and the exact proportion of who is in prison. I mean the proportions.

FOWLER: Really?

FUHRMAN: Are very reflective about what -- yeah. Really, Richard, 68 percent of the violent crime in this country is committed by 19 percent of the population.

FOWLER: Majority of the.

KELLY: Let him finish, Mark.

FUHRMAN: Exactly the.

KELLY: Let him finish, Richard. Let him finish, Richard.

FUHRMAN: Excuse me, Richard.

KELLY: Go ahead, Mark.

(CROSSTALK)

FUHRMAN: When you identify a problem like that, you -- all you're doing is bringing up another question. The idea is you don't kill cops.

KELLY: OK.

FUHRMAN: To solve a problem about being stopped.

KELLY: Got to leave it that.

FUHRMAN: Because you're black.

KELLY: Thank you both, we'll be right back.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

(END VIDEO CLIP)

KELLY: Well, there is nothing like a relaxing ocean swim in the moonlight.

(LAUGHTER)

KELLY: If you are considering one this weekend, Trace Gallagher has a report for you, Trace?

GALLAGHER: Megyn, the good news is gas prices are down, so a lot of people will head to the beach this Labor Day weekend. Bad news is shark sightings are up, way up. How high you ask? How about this high, this is a great white off the coast of Cape Cod. So far this year, 23 great whites have been spotted along a 10-mile stretch of the Cape, that's for say the sharks are following the seals and the Cape Cod seal population is growing by the year. Listen.

(BEGIN VIDEO CLIP)

SKOMAL: As the sharks show up in larger numbers, the seal -- the seals take notice of this and they actually stay very close to shore themselves. So the seals are right along the shoreline, which of course would draw the sharks in very, very close.

(END VIDEO CLIP)

GALLAGHER: That Carolina and Florida have also seen an increase in shark sightings and shark biting, 10 people in North and South Carolina were bitten just in June and July. Apparently, warmer water and more turtles are causing the uptick there. In Northern California, a shark went after a surfer and missed, but did take a chunk out of the board. We've also had our fair share of sharks right here in the Southern Cali. Last week in San Diego, a white shark and two hammerheads were spotted, prompting a lifeguard to shut down the beach. Lifeguards are also using drones to look for sharks at beaches in Orange County and they have seen plenty of them. And remember, Megyn, back when we did America Live back in the day, I had a great white right under my surf board. Little nerve wracking, but I have seen them a few times since they don't seem to really bother anybody, kind of like a baby. Not really great white more, but a good white.

KELLY: It's like a pet now.

GALLAGHER: Yeah.

KELLY: Good luck with that. Thanks Trace, we'll be right back.

(COMMERCIAL BREAK)

KELLY: Well, make sure you tune into tomorrow night because we've got Charles Krauthammer, Mark Thiessen, Brian Kilmeade and Peggy Herbert will be here, who has a new message for the Black Lives Matter movement. Go to facebook.com/thekellyfile. Follow me on Twitter @megynkelly. Any thoughts on the Kilmeade segment for tomorrow night? Let us know.

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