Huckabee slams mainstream media for attacking Kim Davis; Fiorina talks fallout from case

Deputy clerk to defy Davis if ordered to stop issuing same-sex marriage licenses; Presidential candidate discusses the controversial case on 'The Kelly File'


This is a rush transcript from "The Kelly File," September 9, 2015. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Breaking tonight, for the first time in a 2016 GOP race, front-runner Donald Trump suddenly finds himself taking serious political heat from Dr. Ben Carson, the man moving toward the top in some of the latest polls.

Welcome to "The Kelly File," everyone. I'm Megyn Kelly. With just one week to go to the next big GOP debate, things are getting tense at the top of the field. Until now Donald Trump and Ben Carson have mostly treated each other with kid gloves but that appears to have changed. In the last 24 hours, Carson has now gone directly after Trump's immigration plan asking how the businessman thinks we can realistically deport more than 11 million illegal immigrants with Trump firing back today saying, quote, Carson just doesn't understand. But then, later today, the doctor got much more personal in brief remarks that went after Trump on his faith and his humility. Watch.


UNIDENTIFIED FEMALE: Dr. Carson, you and Donald Trump have a few things in common right now. You are both leading in the polls. You're both first time candidates. What are the main characteristics that differentiate you?  

DR. BEN CARSON, R-PRESIDENTIAL CANDIDATE: Well, probably the biggest thing is that, you know, I realize where my successes come from and I don't in any way deny my faith in God. And I think that probably is a big difference.

UNIDENTIFIED MALE: Do you stand on that? You don't believe his faith is sincere when she's made comments about it?

CARSON: I haven't heard it. I haven't seen it. You know, one of my favorite Bible verses, Proverbs 22:4. It says, "By humility and the fear of the Lord our riches and honor and life." And that's a very big part of who I am. Humility and the fear of the lord. I don't get that impression with him.


KELLY: Joining me now, Fox News senior political analyst Brit Hume.  And there you have it. Brit, what do you make of Carson's line of attack, if you will?

BRIT HUME, FOX NEWS SENIOR POLITICAL ANALYST: Well, looking at it from a purely political perspective, this is the kind of thing you might stay say about a candidate where you're in a tight race with in Iowa where the evangelical Christians are such an important part of the republican electorate. It is however, a little bit out of character for Carson to go directly at another candidate on such a personal basis. Comments about his face. And one can certainly will probably not have to wait very long for Trump who responds to almost everything, and sometimes to almost nothing --

KELLY: Funny you should mention that. Funny you should mention that.  Because look what just got posted to Donald Trump's twitter account.  "Well, I'm ahead of the field with evangelicals and so proud of this. And virtually every other group. And Ben Carson just took a swipe at me.  That's what we have so far as of 8:42 p.m. You know, he like to stay up late and tweet.  

HUME: One suspects more will be forthcoming, and soon.  

KELLY: So, is it an effective line of attack for Carson. I mean, he comes out. I don't know that Carson is attacking for the sake of attacking or just saying what he honestly feels but is it effective.

HUME: Well, they're -- exclusive, Megyn. I suspect he is offended.  But I don't think there's any doubt that Ben Carson is a serious Christian.

KELLY: Right.

HUME: And that he's offended by Donald Trump's remarkable braggadocio. And that reporter asked the question and it was answered.  Whether it was planned in advance, we'll probably never know. I don't mean the question. But I mean, whether he was ready to say that and was just looking for an opportunity, we'll probably never know. The problem with an attack like that, while it may be telling to some extent on Trump and will remind people what may not be his most attractive quality, it also may not make Ben Carson looks like the man we thought we knew. The man who, you know, who was soft spoken and generous in his outlook. And running on his own record and his own life story and his own being. So, we'll see how that plays out. Sometimes you know, you can mount an attack on another candidate and it will hurt the other candidate but you won't get the benefit. It will go to somebody else because you don't look hot doing it.  

KELLY: Plus, you can hurt yourself in response.  

HUME: Exactly.  

KELLY: Now, here's my question to you. Donald Trump has already, I don't know, out there, as not necessarily being a, you know, a devout student of the bible. And it didn't hurt him. I mean, the evangelicals Tony Perkins said on this set, evangelicals don't vote just based on the bible and their belief in God. They vote on policy. Now, things like Trump's prior support for partial birth abortion and so on. He said, that may make a bigger difference. But do you think that this is going to bother them given that they weren't that bothered before?

HUME: I don't know, Megyn. It is somewhat surprising that Trump has done so well so far, at least in the polls with the evangelical voters.  How many of them will turn out on a cold night in Iowa next year to vote for him, you know, after all of the water has run under the bridge remains obviously to be seen. But I think, you know, I think it's a good question.  It's just impossible to say at this stage. And we'll just have to see how it plays out.

KELLY: Another question for you. "Rolling Stone" magazine followed Trump around for ten days and just came out tonight with that profile. And already there are some headlines in there for something Trump said about Carly Fiorina who is going to be on this program next. And this is the quote. As he's watching her apparently on the television they write, his expression sours in schoolboy disgust as the camera bores in on Fiorina.  "Look at that face. Would anyone vote for that? Can you imagine that, the face of our next president?" The laugh grows halting and faint behind him.  I mean she's a woman and I'm not supposed to say bad things but really, folks, come on. Are we serious? What do you make of this?

HUME: Is this the behavior of a strong and confident man, a man prepared to be the leader of the free world or is this schoolboy stuff? Is this the kind of boorish sexist taunt that you would expect from somebody who is just simply not grown up? I think a lot of people will ask themselves that question as this quote becomes widely circulated as inevitably will be.  

KELLY: We'll see. Brit, thanks. Good to see you.

HUME: You bet, Megyn.

KELLY: Also, front and center on Capitol Hill today, hundreds attending a rally denouncing the nuclear deal. The Obama administration struck with Iran. A significant number of Democrats are backing the White House but tonight republicans in Congress say they have a plan to block Iran from receiving billions of dollars in sanctions relief as part of the deal. Critics say, Iran will use the money to sponsor terror around the world.  


SEN. TED CRUZ, R-TEXAS, PRESIDENTIAL CANDIDATE: This Iranian nuclear deal is catastrophic. If you vote to send billions of dollars to jihadists who have pledged to murder American, then you bear direct responsibility for the murders carried out with the dollars you have given them. You cannot wash your hands of that blood.

TRUMP: Never ever ever in my life have I seen any transaction so incompetently negotiated as our deal with Iran. We will have so much winning if I get elected that you might get bored with winning. Believe me.  


KELLY: Also speaking at today's rally, retired staff Sergeant Robert Bartlett, a veteran of the Iraq war who was featured in a national ad campaign put out by the group's Veterans Against the Deal.

Good to see you, Sergeant. Thank you for being with us tonight. And your injuries, you say the bomb, the IED that hurt you blew off the head of your comrade. And that, you believe, was the fault of Iran. You strongly object to this deal.

ROBERT BARTLETT, IRAQ WAR VETERAN: Absolutely. You know, this EFP, it's called an EFP. These bombs are coming directly from Iran. They're still killing or Americans over in Afghanistan, they've killed British soldiers, they've killed Jordan soldiers. That's our reality, that's what we're facing, that's why we're giving $150 billion to, so that they can continue to spread their terrorism.

KELLY: You're grandfather fought in World War II. And then you volunteered to fight knowing that you would be sent to Iraq. You say, your family has been defending this country for a century.  

BARTLETT: Valley Forge.  

KELLY: And as you understand tonight that we've struck this deal and prepared to give billions of dollars and sanctions relief to Iran which has killed American soldiers, and the explanations of our leaders that it will prevent Iran from getting a nuclear weapon, how did they sit with you?

BARTLETT: How does giving $150 billion to a terrorist regime going to stop a nuclear weapon when they can buy it from Russia for 100 million with launching systems and capabilities? It doesn't make any sense. It's not logical thought. They want to kill us, they're going to kill us. They're preaching it in their streets and they're going to continue. We don't do that here. We live in this nation under one flag, multi-religions, multicolor, you know, we do it together and we survive together and we fight together. You know, these people want to kill everybody, including, you know, the homosexuals. You know, they're right on their top list.  

KELLY: And we don't have to take your word for it or anybody's word for it. We can look at directly what the Ayatollah Khomeini said tonight, which was as he was walking on an Israeli flag, said for the next 25 years, God willing, there will be nothing as Zionist regime by the next 25 years went on to say, until then struggling heroic and Jihadi moral will leave no moment of serenity to the Zionists. This is the person to whom we are turning over all of this money.  

BARTLETT: Exactly my point. They're making it for me. I mean, America needs to take a look at my face and say, you know what, I don't need any more of my countrymen to look like Staff Sergeant Robert Bartlett.  I don't need any more dead soldiers like Staff Sergeant -- who doesn't get to walk his daughters down the aisle because he gave his life for his country. We need to think about that. And let's really put our feet in the shoes of those who are sitting in a prison cell that are Americans right now. Okay? Why isn't every media outlet just outraged at this administration and saying something when one of our media people, freedom of speech is sitting in Tehran prison right now? Why aren't we thinking about that and why are we bringing that up. I swore to fight for them and I'm still fighting for them now. I haven't forgotten you. Don't lose hope. I'm here. America backs you. Don't give up. You're in a prison cell, and we understand that, you're a prisoner of war. I'm here for you.  We're praying for you. We're protecting you.  

KELLY: Sergeant, your courage and your beauty shine through those scars. Thank you for being here tonight.  

BARTLETT: Thank you, Megyn.  

KELLY: Well, we also have ugly new fallout tonight on the release of Kim Davis as critics go after the clerk, her faith and the politicians supporting her. Governor Mike Huckabee and Carly Fiorina are both here, next.  

Plus, Donald Trump just made life more uncomfortable for the folks over at CNN. We'll show you what Mr. Trump wants from the next debate.  

And in a KELLY FILE exclusive. We're getting reaction from Baltimore beat cops after the city approved today, they approved it, a multi-dollar settlement for Freddie Gray's family that set records, that set records this number.  


BALTIMORE MAYOR STEPHANIE RAWLINGS-BLAKE: The city's decision to settle the civil case should not be interpreted as passing any judgment on guilt or innocence of the officers.



KELLY: Breaking tonight. New fallout aimed at Kim Davis. She is the country clerk in Kentucky locked up last week after refusing to issue marriage licenses to same-sex couples. Yesterday she was released to a cheering rally led by Governor Mike Huckabee. Within hours of that released, the critics started to hit Huckabee, Kim Davis and those who support her.


UNIDENTIFIED FEMALE: I'm just sort of offended by the fact that she's being called a Rosa Parks of the Religious Freedom Movement. Because what she is doing or was doing was discriminating against other people.  

UNIDENTIFIED MALE: You can discount that there was some political grandstanding perhaps going on.  

UNIDENTIFIED MALE: I think it's kind of a George Wallace moment.

RACHEL MADDOW, MSNBC ANCHOR: Mike Huckabee won the political points at this event. Some people are better explaining these moments than others.  

UNIDENTIFIED MALE: So, all of those people holding crosses and saying, she's a super Christian, no, she's not.  

UNIDENTIFIED MALE: She got pregnant with twins out of wedlock -- no, no, both the man and the woman must die.


Like Mike Huckabee said, sign me. I'll do it. I'll go kill her.  I'll go kill her and whatever toothless redneck. By the way, who is the creepy giant farmer behind them? Like, what does that do?


KELLY: Joining me now, two of the 2016 candidates for president, Carly Fiorina and Governor Mike Huckabee who we turn to first. Governor, good to see you tonight. And your reaction to the great last, at the creepy big farmer, her husband, and yesterday we saw somebody on the view called Kim Davis a monster.

MIKE HUCKABEE, R-PRESIDENTIAL CANDIDATE: It's really unfortunate. This is a humble gracious lady and her husband is a great guy. The people of Kentucky that I met with yesterday, they're the salt of the earth. And I would much rather be around them than I had these elitist snobs who look down their nose at everyone who is not like them. And thank God that Kim and her husband aren't like those people with such judgmental hateful attitudes towards people they don't know and don't understand. But this is the world we're living in. If a person has the convictions of Kim Davis, Christian convictions, biblical convictions, they're considered to be ignorant, backwoods. Well, I'm more happy to stand with Kim and her husband than I am any of those snobs who look down their nose at them or me. Let it be.  

KELLY: How about Carly Fiorina is coming up after you. And she has said, look, you know, it's the law of the land. And the clerk, Kim Davis, she needs to not be the clerk if she can't issue these licenses. It's a different situation when it is your very job to do the thing that your religious objection stands in the way off.  

HUCKABEE: Well, I disagree that it's the law of the land because the court said it. Because Megyn, you and I have had this conversation before.  We may disagree with it. But the courts can't make a law. They just can't do that. The constitution is expressly clear, the Congress makes law.

KELLY: But they have the final say. Marbury versus Madison.

HUCKABEE: They have to review. That's what Marbury versus Madison did. But Jefferson said, we turn the constitution into a thing of wax if we live under judicial tyranny which is what we have when we believe that the people's representatives are cut out of the process. And the court reached out into thin air to come up with this. But Megyn, here's something else to just keep in mind. Kim Davis was applying the law of Kentucky when she was elected -- I keep hearing people say, she ought to step down. When she was elected, 75 percent of the people of Kentucky had voted for traditional marriage. So, that was what she was elected under.  She asked for an accommodation. We give terrorists at Gitmo an accommodation.  

KELLY: I'm going to ask about Carly Fiorina about that. I'm going to ask her about that. Because I realized, we talked about that on the show last night. Let me ask you this. She's going back to work on Monday.


KELLY: I know you've been talking to her. Do you believe that she will stand in the way of her deputies issuing the licenses to same-sex couples?

HUCKABEE: I think she will be true to her conscience and she will look for some way to not have to put her name on that marriage license.  She's been very clear. She's not going to do that. She can't do that. It would violate what she believes is her -- not only her oath to God but also her oath to take office.  

KELLY: Okay.

HUCKABEE: Because that was not the agreement that she had when she took office.  

KELLY: We'll continue to follow it. Governor, always great to speak with you.  

HUCKABEE: Thank you, Megyn.

KELLY: Well, many of the republican presidential hopefuls have publicly come to Davis' defense in the wake of her arrest. Others have faulted her for not caring out her duties as county clerk.

Among those, republican presidential candidate Carly Fiorina who joins me now. Great to see you, Carly. So, you heard the argument on the other side. And the argument that I raised even here last night is that the law does under Title 7 require an accommodation typically of even a public employee who is refusing to do her job for religious reasons.  

CARLY FIORINA, R-PRESIDENTIAL CANDIDATE: And she should have been provided an accommodation, absolutely right. She should have been provided an accommodation. She never should have been thrown in jail. I mean, for heaven's sake, Lois Lerner should have been thrown in jail, not Kim Davis.  And it's clear that religious freedom is under assault in this country, which is why we have to put so much energy around protecting religious freedom. Nevertheless, I think she crosses a line when she prevents others in the court from issuing these licenses. But she clearly should have received an accommodation and let's hope that's what happens.  

KELLY: Do you object to her saying, look, you can't even do it if my name is on the certificate because that's what got her thrown in jail.  

FIORINA: Well, I do think it's a very fine line here. I mean I understand Governor Huckabee's point that she was elected under a Kentucky law that was voted in, and I understand how objectionable people find this Supreme Court ruling. I do as well. They clearly reached into thin air for this justice occasion of what they wanted the law to be, not what the law is. On the other hand as conservatives, we believe that it is someone's duty to uphold the law as it is, not as we would like it to be.  We ask judges to do that, we ask police officer to do that and I think we ask clerks to do that. And so, I understand this is a difficult issue, I think she should be given an accommodation. But I do not think she can stand in the way of all marriage licenses being issued by this office.  

KELLY: Let's talk about Donald Trump. As I mentioned with Brit Hume, he had some choice remarks about you, according to "Rolling Stone" magazine. While he came on the TV, he was quoted by the "Rolling Stone" reporter saying, look at that face, would anyone vote for that? Can you imagine that, the face of our next president? I mean, she's a woman and I'm not supposed to say bad things. But really folks, come on. Are we serious? Your reaction.  

FIORINA: Well, I think those comments speak for themselves and all of the many many many thousands of voters out there that are helping me climb in the polls, yes, they're very serious.  

KELLY: What do you take that to mean, look at that face, would anyone vote for that?

FIORINA: I have no idea. And, you know, honestly Megyn, I'm not going to spend a single cycle wondering what Donald Trump means. But maybe just maybe I'm getting under his skin a little bit because I'm climbing in the polls.

KELLY: What do you think is going to happen? We're a week away now from the next republican presidential debate. What is your strategy going to be that night?

FIORINA: Well, you know, it's interesting. When I went into the Fox News debate, less than 40 percent of republican voters had ever heard my name. As I go into the CNN debate, it's still through that about 50 percent of republican primary voters watching will have never heard my name. In other words I need to introduce myself to the American people. I need people to understand who I am, what I've done and most importantly what I will do to finally challenge the status quo of Washington, to finally change the system, to finally actually solve our festering problems. It's clear that whatever the issue or cause, the political class has let us down. That's why I'm running for president. But I think voters also need to see that I'm someone who doesn't just talk about it, I'm someone who's done it, who's challenged the status quo all my life, that's how you go from secretary to CEO, you solve problems, your challenge the status quo and you lead. And that's what I will do from the White House.  

KELLY: I went from telemarketer to TV anchor.  


FIORINA: Yes? Well, you challenged a lit bit of status quo, too, Megyn.  

KELLY: It's great to see you, Carly. Thanks for being here.

FIORINA: Nice to see you.


KELLY: Not quite the same as her accomplishment. Oh well.  

Less than 24 hours after Hillary Clinton is brought to tears on network television, and we are seeing an eye opening report about what some focus groups reportedly told her moments before the tears. I'll give you one guess what they told her.  

Plus, the Obama administration saying they want to bring some of these Syrian refugees to the United States. And the White House saying, guess what, they don't need an okay from Congress to do it. Dana Loesch has a warning on this, just ahead.


KELLY: Developing tonight. After defending her handling of the ongoing e-mail scandal. For months, Hillary Clinton is giving her fullest apology yet saying, she's sorry for using a private email setup to handle all of her official business. And now, we're seeing an eye opening report on what some focus groups reportedly told Mrs. Clinton just before the mea culpa. But first, listen to the mea culpa.  


HILLARY CLINTON, D-PRESIDENTIAL CANDIDATE: I should have used two accounts, one for personal, one for work-related e-mails. That was a mistake. I'm sorry about that. I take responsibility and I'm trying to be as transparent as I possibly can.  


KELLY: Robert Zimmerman is a democratic strategist and co-founder of Zimmerman/Edelson on Public Relations. Robert, great to see you.


KELLY: So the focus group was brought in and they said, you know what? They can't get a message out because of these e-mails thing. It's drowning out nearly everything else. And we want to hear more about it.  And then the campaign said she's going to show more heart and she came out and said, I'm sorry and she cried. And people saying, it's all manufactured.

ZIMMERMAN: Well, and they're wrong. Let's be simple. Let's be clear about this. First of all, when it comes to the tear, she was discussing her mom's life and frankly I've seen her discussed it and I've choke up hearing about it. Her mom had a Keynesian existence when she was deserted by her parents, rejected by her grandmother. I grew up to live a heroic life.

KELLY: Isn't it a coincident? With all due respect with Hillary and her mother.

ZIMMERMAN: She was answering -- question.

KELLY: Isn't it a little coincident, I mean, it's not like she never talked about her mom before.


KELLY: So, isn't it a little coincidental on the very day they say she's going to show more heart, she cries.  

ZIMMERMAN: Actually, no. I mean, you know something, the fact is that campaigns always talk about showing more emotion and heart. Not just hers. But that's really irrelevant.  

KELLY: Just do it. Like she's going to be more spontaneous and it's all perfectly planned out.  

ZIMMERMAN: You know something? Let's be realistic about this. First of all, her mother should be off limits in this discussion and I've seen the emotion --  

KELLY: She talked about her.  

ZIMMERMAN: Because she was answering a question. Criticizing her story is I think --

KELLY: Nobody criticized the story. Are the tears manufactured or are they sincere? That's what people are asking.

ZIMMERMAN: And the answer is, whenever I have seen her talk about her mom, she's been emotional many times. And when she talks about her, it's a way of discussing her life too in which she believes in.

KELLY: Uh-mm.

ZIMMERMAN: And it's very emotional to me and many people.

KELLY: It was a nice story.

ZIMMERMAN: The bigger point is here is though, when it comes to the e-mails, she did step up. Because it's not just the focus group. It's the fact that she was hearing from so many of her reporters. The fact that the email story was drowning out, the bigger discussion of the bigger issues.  And she was hearing from many of her supporters the fact that it was really getting in the way and being a distraction from the campaign.  

KELLY: Can she move forward now? Do you feel like this checks the box such that the e-mail scandal will no longer drown out the message?

ZIMMERMAN: Look, to the critics and the haters, of course, it's not going to go away. But to the reality is, for people who are looking for to take full responsibility, she made it very clear, she held herself accountable to it. And I think the fact is, if you look at the polling while there are some bad polling out there, the reality is, she remains 71 percent popular with Democrats.  

KELLY: Yes. She's huge with the Democrats.  

ZIMMERMAN: She's beating every republican head to head setups.

KELLY: Well, but she's not beating Sanders in a couple of, you know, in New Hampshire.

ZIMMERMAN: In a couple of states. But she's still 22 points ahead nationally.  

KELLY: I got to ask you about this guy, the aide who set up the server who now is pleading the fifth before Congress rather than give a testimony. Now, there's a report out that some of the Republicans in Congress are prepared to offer him immunity or at least looking into it.  You know, people think where there's smoke there's fire. And to that, you say, what?

ZIMMERMAN: I say let's put facts first. Let's not let TMZ or Perez Hilton report tactic dictate how we look at this issue. You and I don't even know if this young man wants immunity. His lawyer hasn't commented on...

KELLY: His lawyer says he does.


KELLY: Do you think he's going to plead the fifth?

ZIMMERMAN: He said he's pleading the fifth but he's taking immunity.  And the chair of the committee actually said that it would be up to the Justice Department. So I think what we have to do is focus on the facts.  He may plead the fifth, but Hillary Clinton October 22 is going under oath, answering every question publicly. She's been asking for a year to come in front of this committee -- right as the election is heating up, not they're being political of course.

KELLY: October 22nd.

ZIMMERMAN: Pay your cable bill, Megyn.

KELLY: That's important. I'd like to book you right new for that evening.

ZIMMERMAN: Ok, you got it.

KELLY: Great to see you.

Up next, Donald Trump makes new demands ahead of next week's big GOP debate, and we'll show you how that is going over.

Plus, in a Kelly File exclusive, new reaction from Baltimore beat cops after the city approves a multimillion dollar settlement for Freddie Gray's family. It is unprecedented -- the number that they gave. And Judge Napolitano is here to weigh in on what the settlement means for the six officers facing criminal charges. Listen to this.


UNIDENTIFIED MALE: How are you going to get a jury pool from Baltimore city right now when they see the mayor give this kind of money, they say hey, they've got to be guilty. She knows something we don't.



UNIDENTIFIED MALE: From the world headquarters of Fox News, it's the Kelly File, with Megyn Kelly.

KELLY: Well, new reaction from cops on the force as the city of Baltimore approves a multimillion dollar payout to the family of Freddie Gray. Yup, it happened. Trace Gallagher in our west coast newsroom with the story. Trace?

TRACE GALLAGHER, LOS ANGELES: Megyn, Baltimore Mayor Stephanie Rawlings Blake says the $6.4 million settlement will help Freddie Gray's family avoid years of litigation as well as to help unite and heal Baltimore. But the mayor also acknowledges it's unusual for a city to settle a police misconduct lawsuit prior to the resolution of the criminal cases, though she maintains there's no connection between the two. Listen.


UNIDENTIFIED FEMALE: The city's decision to settle the civil case should not be interpreted as passing any judgment on guilt or innocence of the officers.


GALLAGHER: Experts point out the settlement does not mean the city admits liability, but can be effective in ratcheting down the anger among city residents as the six police officers head to trial. The Baltimore Police Union sees this as keeping the peace by sacrificing police. The Union President Jean Ryan says instead of letting the judicial system play out, the mayor has all but tried and convicted these officers. Listen to him.


UNIDENTIFIED MALE: How are you going to get a jury pool from Baltimore City right now when they see the mayor give this kind of money and say, well, they've got to be guilty. She knows something we don't.


GALLAGHER: A Baltimore police officer that wants to remain anonymous tells the Kelly File this settlement sets the stage for other people to try to hurt themselves in police vans so they too can file a lawsuit. When Freddie Gray was arrested back in April and placed in a police van, he was not properly restrained but it's unclear exactly how he was injured. A judge will decide tomorrow if the six officers will be tried in Baltimore, Megyn.

KELLY: Trace, thank you.

Joining me now with more, Judge Andrew Napolitano, our Fox News Senior Judicial Analyst. So they did it. They approved -- the Board of Estimates in Baltimore, unanimously five to zero voted in favor to settle this case, $6.4 million which is unprecedented on the eve of a critical motion hearing in the case.

JUDGE ANDREW NAPOLITANO, FOX NEWS SENIOR JUDICIAL ANALYST: In every state in the union where there is a civil litigation or the potential for a civil litigation and a companion criminal case, the rule of thumb is that the criminal case goes first. You do not want to do something in the civil case that would prejudice the fairness of the criminal case, either to help the government or to help the defendants. The government here has made it nearly impossible to prosecute these cops by creating an atmosphere in which they have basically said, by giving away this money, many, many, many, many times what that case is worth, we are admitting liability. She can deny they're admitted that all she wants. But the message is clear.  They're not going to be able to find 12 people that don't know about this or that can put it aside.

KELLY: Well, that's the thing, I mean in the law we have damages -- we do calculations to figure out how much any given life is worth. You know and if you have somebody who has a ton of earning capacity who dies, they get a higher payout, their family does than a drug dealer who had no job.

NAPOLITANO: Mr. Gray's financial worth was zero. His earning capacity was zero.

KELLY: So what's baked into that $6.4 million?

NAPOLITANO: An effort to give money away so as to pay for peace.

KELLY: That's what she said. The mayor said to keep the peace, which is -- is that her job?

NAPOLITANO: No. Nor is it permissible under Maryland law. Maryland, unlike a lot of other states, does permit the payment of money in wrongful death cases for emotional loss. A lot of states don't permit that. Their theory is it's impossible to put a dollar figure on emotional loss. That's capped at $950,000 in this particular case. The remaining $5 million must be based on his lost earning capacity. He had zero talent.


KELLY: The mayor does need to keep the peace in the city of Baltimore but to do it by shelling out millions of dollars of the taxpayer's money on the eve of a criminal trial, and a big motion hearing in the case has the rank and file, I quote the FOP president "outraged, furious and upset."  And they say this is another example of that mayor not supporting the rank and file.

NAPOLITANO: Well, it's an example of the mayor misusing her office.  It's an example of the mayor setting an atmosphere which a fair trial is nearly impossible. And I suggest to their lawyers and they don't need my advice, that they should be moving to dismiss the indictment on the grounds that the government itself, the same government that charged them has now made a fair trial impossible.

KELLY: How does it affect the motion to change the venue, which gets heard tomorrow? Tomorrow the judge is supposed to decide whether this case gets tried in the city of Baltimore or not.

NAPOLITANO: Well, the least the court can do is change venue to a part of the state that has not rubbed raw by this.

KELLY: These taxpayers are ticked off that they're paying $6.4 million -- the mayor says because of the actions of these cops.

NAPOLITANO: I don't know where the money is coming from, whether it's coming from the government or whether it's coming from an insurance policy.  But my concern is -- and I don't know if these cops are innocent or guilty, they're presumed innocent at this point in the proceedings. I don't know how they can get a fair trial when their bosses have admitted liability no matter what they say by the improperly timed and grossly over expensive distribution of cash.

KELLY: The city has more than a leg to stand on here. They have a witness who reportedly said this guy was trying to injure himself in that van and they do not appear to want to try this case. Great to see you, Judge, more on this case tomorrow.

Well, with the Syrian refugee crisis coming to a head now in Europe, the Obama administration is looking to bring some of these folks to the United States.

Up next, why some are already calling this the "Jehadi pipeline," it's controversial to some.

And with a week left until the next GOP debate, Donald Trump makes an unusual request. Chris Stirewalt and Howie Kurtz are next on that.


TRUMP: We will have so much winning if I get elected that you may get bored with winning.



KELLY: Developing tonight, a new twist in the run up to the next GOP debate. Front-runner Donald Trump has sent a letter to CNN President Jeff Zucker, asking that the network donate the profit from the debate to veterans' charities. How is that going to work? For this, we turn to Chris Stirewalt our Fox News Digital Politics Editor and Howie Kurtz, Host of Fox News' "MediaBuzz." Good to see you both. Chris, what is this about?

CHRIS STIREWALT, FOX NEWS DIGITAL POLITICS EDITOR: Well, I think it has something to do with Hugh Hewitt who is the Radio Host who CNN took on as a conservative on the panel questioning them as an assurance of balance.  They took him on. Hugh Hewitt had Donald Trump on his radio show. He played a round of Al Qaeda jeopardy where it was name this Taliban leader and what's his cousin. And Donald Trump got mad.

KELLY: Who doesn't love that game?

STIREWALT: It's everybody's favorite. And Donald Trump got mad, said its gotcha, and he gets to fuming and he comes back saying, you know what, CNN, nobody watches you, they're only going to watch you because I'm on you. So why don't you kick some money out to the vets. He loves the veterans. He has a long history of supporting veterans' groups -- says why don't you pay the money to the veterans because I'm going to make you rich, and now it creates some leverage for Trump where it puts CNN on the defenses.

KELLY: Howie, it's another masterful manipulation of the media by Donald Trump.

HOWIE KURTZ, "MEDIABUZZ" HOST: This is the dictionary definition of -- (Inaudible). What other presidential candidate basically says nice little debate you got there. Be a shame if anything happened to it. So in one move Trump seizes the spotlight, he makes a gesture toward veterans and his pal Jeff Zucker very much on the defensive, he doesn't want to look greedy, at the same time can't be seen kowtowing to Trump before the debate.

KELLY: But let me ask you this, Chris, you know obviously Trump got himself in a bit of trouble making remarks about POW's -- I prefer people who weren't captured, and then there was some report this week that he had said he feels in many ways he was more part of the military than some people who join the military without going to military school. Is this look how much I love the veterans and it's buried right here in my letter that says give all of the proceeds to the veterans?

STIREWALT: I think -- look, every politician -- the troops are the safest place. That's the absolute safest resort for every politician you can go to. I don't doubt him. Again he has a long history of doing this.  I think what this is -- look for Donald Trump these debates are different than the other candidates. The other candidates need the debates for exposure. Donald Trump is hyper exposed. He's on television 24 hours a day. He brings more attention to the other candidates. The debates have less advantage interestingly for Trump than they do somebody like Ben Carson or Carly Fiorina.

KELLY: What does -- that's interesting. So maybe Trump shouldn't show up at the debates.

STIREWALT: Monster Truck Pull. That's what I'm saying.


KELLY: So Howie, let me ask you, what does Jeff Zucker do now?

KURTZ: Well, I asked CNN for comment and no comment all day. So I guess CNN is pondering whether they want to fuel this particular story. On the point of not showing up, you know I was at the big rally at the capitol against the Iran deal. Trump spoke there. Fox News caught up with him and said if so if CNN doesn't do what you want them to do, will you refuse to show up at the debate? He said well, I haven't made that determination yet

KELLY: What does Donald Trump do if Zucker says nothing between now and then?

KURTZ: He teases the publicity and shows up anyway, and he takes credit for the high ratings which undoubtedly will follow. And he's played himself into another news cycle. It's quite a trick.

KELLY: What did you call it, Stirewalt?

STIREWALT: Monster Truck Rally. You get KISS to open it, Gene Simmons will do it. You have pyrotechnics. It will beat the ratings on CNN. That's Trumps play -- Trumpzilla.

KELLY: Great to see you both.


KURTZ: Same here, Megyn.

KELLY: Coming up next, with thousands of Syrian refugees demanding a home, the Obama administration is now talking about bringing some of them here. That is not without controversy, and Dana Loesch is next on that.


KELLY: Developing tonight, the Syrian refugee problem is reaching a crisis point, with thousands crossing borders in Europe daily. Now the Obama administration saying it wants to bring some of these Syrian refugees to the United States. Trace Gallagher live in our west coast newsroom with that story, Trace?

GALLAGHER: Megyn, four years of civil war in Syria has led to four million Syrian refugees. Most have fled to Turkey, Lebanon, and Jordan but now the refugee wave has hit Europe. Germany has put out the biggest welcome mat, willing to accept 500,000. Sweden says it will take 100,000.  Some countries like Hungary are fighting to protect their borders with the Hungarian prime minister warning that accepting tens of thousands of young Muslims could be opening Europe to a major terror threat. The Obama administration is considering is at face value considering taking in 5,000 Syrian refugees. But advocacy groups and some Democratic lawmakers are fighting to get that number dramatically increased. Republican Iowa Senator Chuck Grassley is concerned the President could use an emergency declaration to do just that. And Texas Congressman Michael McCall says allowing tens of thousands of refugees would not only compromise national security, but could create a federally-funded Jehadi pipeline, Megyn.

KELLY: Trace, thank you.

Joining me now with her thoughts is Dana Loesch. She is Host of Dana on the Blaze TV and Author of Hands off My Gun, Dana, good to see you.


KELLY: So now, I mean, this is -- look, this is a toughie. You've got people like John McCain standing up and saying these are refugees fleeing torture. It's the humanitarian crisis. The United States needs to do something, then you have got Congressman Mike McCall saying we're creating a Jehadi pipeline. Where do you come down?

LOESCH: I'm glad that Senator McCain apparently knows who is actually migrating -- who is fleeing from Syria, because you know the people who are accepting these refugees and migrants to ports of entry have no idea. In fact, there are a number of foreign media outlets that have said this is actually you know -- there is a lot of scamming going on here. We know for a fact that a number of migrants are actually of Pakistani descent, who have dropped this Pakistani identities in order to claim Syrian ones because they want to be able to get into Germany, get into Hungary, get into these areas. We have no idea, Megyn who these people are. There's nothing set up to verify, nothing set up to vet who these migrants are, who they're associated with. And we also know for a fact that ISIS has said that they would like to exploit this and use this as a Jehadi Pipe Line.

KELLY: So the question is what do we do? Because, you know, we've been looking at this story. And you see the children. And I will -- you know, we wrestle with whether we're going to show the picture of this little boy. We're going to show it once so people know. It's been out there. We haven't yet shown it on the Kelly File, but this is a dead Syrian 3-year-old boy who was killed along with his 5-year-old brother at trying to get into Greece. Their boat capsized. You know Americans look at that they say we're the United States of America...


LOESCH: And it didn't have to happen.

KELLY: I'm sorry, this is the picture. It is terrible.

LOESCH: It's horrific. And it did not have to happen.

KELLY: Go ahead.

LOESCH: You know everyone always says what can we do? Well, I know what we could have done, we could have not left a power vacuum in Iraq. We could have called of these rich gulf state nations, UAE, Qatar, Saudi Arabia who have not take a single refugee. We could say where are you?  Where have you been leading in this area? But you know what Megyn, you know what we could actually do right now because the cause of this is ISIS.  We could obliterate ISIS. If we allowed the military do its job and not waste -- and not waste resources or lives, get in and get out, and take care of the situation, it wouldn't be a problem. But Washington, D.C. loves to sit on its hands and then shrug and say I don't know, what are we going to do.

KELLY: It's terrible. The pictures as they have been out of Syria from the beginning, they have been devastating, Dana, great to see you.

LOESCH: Thank you, Megyn.

KELLY: We'll be right back.


KELLY: A special programming note, this Friday night in a world exclusive, the three heroes who took down that terrorist on a train in France speak to "The Kelly File" together. We will be live in Sacramento with these extraordinary young men who will make you proud to live in the USA. It happens this Friday 9:00 p.m. September 11th. Don't miss it.

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