Sharia law versus the Constitution; Gov. Kasich responds to critics on 'Hannity'

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Do Muslims believe sharia law supersedes the Constitution?

American Muslims speak out on 'Hannity'

This is a rush transcript from "Hannity," September 23, 2015. This copy may not be in its final form and may be updated.

(BEGIN VIDEOTAPE)

SEAN HANNITY, HOST (voice-over): Tonight...

DAVID WEBB, FOX CONTRIBUTOR: Do you believe that sharia law should be above the U.S. Constitution?

UNIDENTIFIED MALE: Yes. Yes.

HANNITY: A special "Hannity" investigation. Do American Muslims think sharia law supersedes the U.S. Constitution?

HILLARY CLINTON, D-PRESIDENTIAL CANDIDATE: I take responsibility for that decision. And I want to be as transparent as possible.

HANNITY: Then new reports say the FBI has recovered some of Hillary Clinton's deleted e-mails. So what was Hillary hiding, and how much trouble could she be in? Ed Henry tonight has a full report.

And violence surges in cities like Chicago, yet President Obama continues to stand by in silence. Sheriff David Clarke is here tonight with reaction.

All of that plus 2016 GOP contender Governor John Kasich reacts to brand-new Fox News presidential poll numbers.

"Hannity" starts right here, right now.

(END VIDEOTAPE)

HANNITY: Welcome to "Hannity." Tonight, new developments that could spell doom for Hillary Clinton's presidential campaign. According to reports, the FBI has, in fact, retrieved some of the e-mails that Clinton deleted off her personal server. We're going to have more on that with Ed Henry in just a few minutes.

But first, brand-new national Fox polls were released just this evening, and it show that the outsider candidates continue to surge among you, the voters.

Standing by with more in D.C. tonight is campaign Carl Cameron. Donald Trump and Carson and Fiorina, Rubio and Cruz are going to be happy.

CARL CAMERON, FOX CORRESPONDENT: Lots of movement and lots of new numbers in the latest Fox polls. And they show that Trump has gone up a point since the last debate to 26 percent. And Dr. Ben Carson has had the biggest jump in the field. He went up 6 percentage points and is now in second place solidly at 18 percent.

Both Carly Fiorina and Marco Rubio gained ground. They are tied at 9 percent apiece, and they lead the single digits bunch. The rest of the GOP field is lower down.

Scott Walker's withdrawal from the race is now being seen as something of a potential bump for either Marco Rubio or Ted Cruz or both. They're both courting both Walker's donors and top state organizers around the country.

Ben Carson continues to climb faster than the others. He shows significant momentum in this poll, as well as some others in the last few days. And Carly Fiorina, of course, did get that bounce from her primetime debate performance last week and now has to build a national organization around it. She's been running pretty lean on the campaign trail in terms of staff and organization, so she'll have to boost it.

Trump's been complaining that he's the front-runner, but people like Fiorina and Rubio are sharing in the headlines. So Sean, you know this. Voters in the early states are notoriously fickle, and more often than not, they turn on front-runners in the closing weeks. So anybody with momentum now, it could burn out. Anybody who gets momentum then might just end up winning the nomination.

HANNITY: Oh, it's too unpredictable. It's a heck of a year. Campaign Carl, thank you.

CAMERON: You bet.

HANNITY: Joining me now with the very latest developments surrounding Hillary Clinton's server scandal, our own Ed Henry.

She's got that, she's got the issue of the Bloomberg poll, where Joe Biden, who's not even in the race, is within 8 points striking distance and answering questions about Ed Klein's book and did she start the birther movement. A lot of -- she's got a lot of trouble on her hands, Ed!

ED HENRY, FOX CORRESPONDENT: Well, Sean, her campaign, you're right, may be in need of another reboot. We've heard about the recent one, and it may not be working for a number of reasons.

You mentioned the e-mail controversy -- she's trying to get past that, obviously, but now a Bloomberg suggesting that the FBI has been able to recover some e-mails from her server, specifically some personal e-mails.

Remember, she talked about how it was just yoga and other small matters dealt with in the personal e-mail, about 30,000 of them that she deleted. Now we're told, well, the FBI is recovering some of them. Are there official e-mails in there that were really not personal? That's one question that will need to be answered.

They're also, we're told, recovering some work-related e-mails. Will they find more classified information?

Then you have the Washington Post report that's saying that it turns out State Department officials privately say that the reason why they sought Hillary Clinton's work-related e-mail was that they were concerned about the fact that she had this other e-mail account, a personal e-mail account that they didn't know about.

Why is that significant? Well, because Hillary Clinton has said something different. Her narrative has been, Well, look, this was a routine matter, the State Department asking for official e-mail not just from Hillary Clinton but from other former secretaries of state to have federal records in order. Well, State Department officials are saying there's something different going on.

And then you mentioned that poll with Bloomberg. Well, what's interesting there, Joe Biden rising, 25 percent. He's not even in the race, as you say, a point ahead of Bernie Sanders and only 8 points behind Hillary Clinton at 33 percent.

What's also significant about that is in that Bloomberg poll, she's dipped far below 40 percent. That's a danger zone for any front-runner. There's a new Fox poll out tonight, by the way, we should note that has Hillary Clinton with a stronger lead over Bernie Sanders and Joe Biden. She's over 40 percent in the Fox poll, but again, down from where she was just a month ago.

Remember, she was sort of the overwhelming front-runner a month, two months ago, in the 50s, big, big lead. That's been coming down and something she's going to have to stop the bleeding real fast, Sean.

HANNITY: And Ed, on the e-mail issue in that Fox poll, I mean, nearly 60 percent of people think it's a big deal.

HENRY: Right, and...

HANNITY: And she's lying.

HENRY: ... majorities saying they think that she's lying. What I thought most interesting was, yes, there's something like 82 percent of Republicans in our poll say they think she's lying. There's a lot of Republican critics of Hillary Clinton, let's be honest. But Democrats- something like 30, 31 percent of Democrats we polled say they think she's lying.

And maybe even more important than that is that a big share of independent voters, the folks who decide a lot of elections, especially general elections, the folks in the middle that everybody is trying to get in a general election -- a big number -- a big share of independent voters said they think she's lying. So that's worrisome for the campaign.

HANNITY: Well, and it goes with the dishonest, untrustworthy narrative that has been going on all throughout the summer.

Ed Klein will be on this program next Monday. There was an account that is released in his book that says she went into the Oval Office, yelled at the president, and basically saying, Call the blanking dogs off, Barack. And he didn't respond very well to that. Are they pushing back on it?

HENRY: They haven't said much about that, to be honest. Ed Klein has written a lot about the Clintons and the Obamas. You've talked about it. The Clintons and the Obamas don't like to dignify what he reports with a comment, is it true, is it false?

We weren't in the Oval Office with the president and Hillary Clinton.

He writes about a lot of anecdotes where there's two people in the room, much like Bob Woodward does, and nobody really knows what exactly happened. I think the bottom line is that this Clinton campaign is seeing criticism coming in from all angles. They desperately want to get off this e-mail controversy, but it keeps coming back.

HANNITY: Well, and then we have hearings with Trey Gowdy coming up in October. This is not going away anytime soon. Ed Henry, thank you, sir.

HENRY: Good to see you.

HANNITY: Joining us now, more reaction from the American Center for Law and Justice's Jay Sekulow. OK, so if the FBI was able to recover a significant portion, if not all, of the 33,000-some-odd e-mails that she deleted and supposedly wiped clean from her server, and they don't deal with yoga, her daughter's wedding, her mother's funeral or Bill Clinton -- who doesn't e-mail, which was a lie -- and they deal with Benghazi, other work-related issues or -- or certain e-mails that were subpoenaed by different committees, how big a legal problem would she have?

Because I've got to assume -- I'm not believing the yoga, funeral, wedding, I'm writing to Bill narrative 33,000 times. So if these other e- mails are there, what does it mean legally?

JAY SEKULOW, AMERICAN CENTER FOR LAW AND JUSTICE: Right. I think, Sean, this is a significant development, if, in fact, the FBI has been able to find these e-mails because what this does is it presents what we would call in the law evidence.

Now, if, in fact, that evidence includes classified information that was wiped off the server, that, of course, as we've discussed before, is a crime.

When I was a government lawyer along time ago, we always said -- and I worked for the Treasury Department as a trial lawyer -- follow the paper. Follow the money. You follow where the evidence leads.

What you have now is the evidence is being recovered. If that evidence shows that there was, in fact, government classified material on there and that it was subsequently wiped off or...

HANNITY: Or subpoenaed.

SEKULOW: ... as we already known and has been confirmed, maintained in a server that was not secured, she has serious criminal liability, in my view, very serious.

HANNITY: All right, so we're talking about also not only would she have violated the law just on that front, when we've gone through a series of laws that I think would be applicable in this case...

SEKULOW: Right.

HANNITY: ... but then when we get into obstruction of justice, investigation of a congressional committee, I would think that could be a big issue for her.

SEKULOW: Sure.

HANNITY: Are we looking at criminal time, possible jail time, if, in fact, these e-mails are not about yoga, e-mailing her husband, a wedding and a funeral? Are we looking at jail time?

SEKULOW: Look, I mean, one statute itself, Sean, has one year. Another one of the statutes that could be implicated here when you take and -- don't have your information secured in an appropriate device or an appropriate place, or you intentionally interfered with that, which could lead to some of the evidence may start looking like that, you're talking about felonies.

So at the minimum, you've got misdemeanors, and then you've got the potentials of felonies. So all of this is really serious with regard to potential jail time.

But I'll tell you something else. The fact that the FBI is able to recover this information has got to have the Clinton campaign concerned because, Sean, they were counting on the fact that this was -- as Ed Henry just said, was going to kind of fade away. And every day, there's something new. And now it's the actual evidence, and that evidence...

HANNITY: I've got believe...

SEKULOW: ... and that evidence may well be damaging.

HANNITY: Politically, she's got a big problem because these are provable lies now. But criminally speaking, that's the bigger issue for her.

SEKULOW: Yes.

HANNITY: And that is, again...

SEKULOW: It is important.

HANNITY: Why am I having a hard time believing 33,000 e-mails were about yoga, a wedding, a funeral and communication with somebody who doesn't e-mail? I'm having a hard time buying...

SEKULOW: Because it doesn't make any sense.

HANNITY: Because it makes no sense.

SEKULOW: The whole process doesn't make sense.

HANNITY: So I have to believe that there are e-mails about Benghazi on there that could be quite damning and also criminal!

Now, what do we do in terms of getting from the point of she did break the law, who makes the decision whether they prosecute, go to a grand jury?

SEKULOW: The Department of Justice. So the attorney general would have to make that call. The fact of the matter is, Sean, though, the FBI is conducting an investigation. If it is determined that there is, in fact, as you just said, information that was classified, that was put on improper servers, that were deleted, all of those are separate crimes...

(CROSSTALK)

SEKULOW: I don't see how the FBI, even under this Department of Justice, could not bring at least a grand jury inquiry. And when that grand jury inquiry starts and you're running for president of the United States, a pretty difficult situation. And then, of course, if there's subsequently an indictment, that's a whole different ballgame.

But you're looking -- look, I mean, it's not just -- it's not just...

HANNITY: Last question.

SEKULOW: ... you know, whether they recovered some personal e-mails. That's not going to be big news. The news will be if there was more classified information there on these servers that weren't secured and she wiped them or had them wiped or someone on her staff had them wiped, and that person, by the way, may not have had clearance -- there's a multitude of potential criminal activity here that will be very serious.

HANNITY: Last quick question...

SEKULOW: And I suspect that's why Joe Biden's thinking about running for president.

HANNITY: If they find them, and if, in fact, it was Sean Hannity, would they indict me?

SEKULOW: Oh, look, no doubt.

HANNITY: I'm just asking.

SEKULOW: If it was anybody -- look, I'm not picking on you here, Sean, but the fact of the matter is, if you intentionally destroy documents, whether it's evidence, whether it's subject to a congressional inquiry, whether it's potentially, well, classified information here and you intentionally...

HANNITY: Yes.

SEKULOW: ... have that put in a server that you knew was not secured or it certainly wasn't approved by the government, that's what the State Department's saying, well, then, of course, you'd be indicted.

HANNITY: Well, I hope you'd bring me...

SEKULOW: But this Department of Justice...

HANNITY: I hope you'd bring...

(CROSSTALK)

HANNITY: I'd hope you'd come to my defense!

SEKULOW: Yes, well...

HANNITY: All right, I got to roll.

SEKULOW: I will defend you in a moment.

HANNITY: Thank you, Jay Sekulow.

SEKULOW: All right, thanks, Sean.

HANNITY: And coming up next tonight here on "Hannity"...

(BEGIN VIDEO CLIP)

DAVID WEBB, FOX CONTRIBUTOR: Do you believe that sharia law should be above the U.S. Constitution?

UNIDENTIFIED MALE: Yes. Yes. It's a Muslim country, sharia law, it's allowed. Other country, no, you have to (INAUDIBLE) right Constitution.

(END VIDEO CLIP)

HANNITY: In the wake of Dr. Carson's comments about a Muslim being president, we sent our own David Webb to a local Islamic center to see if Muslims think sharia law supersedes the U.S. Constitution. Those answers will surprise you.

And then later tonight, Governor John Kasich -- he'll join us.

And a disturbing report says the U.S. Military is ignoring rampant sexual abuse, pedophilia of young boys by Afghan officers on American bases. We'll have that shocking story tonight straight ahead.

(COMMERCIAL BREAK)

(NEWSBREAK)

HANNITY: Welcome back to "Hannity." So in the wake of Dr. Benjamin Carson expressing concern about a Muslim becoming president of the United States, well, we decided to launch a special "Hannity" investigation to find out if American Muslims think that sharia law should supersede the U.S. Constitution. Earlier today, we sent out Fox News contributor David Webb to an Islamic cultural center in New York City.

Now, watch this closely.

(BEGIN VIDEOTAPE)

DAVID WEBB, FOX CONTRIBUTOR: Your thoughts. Should sharia law supersede the U.S. Constitution?

UNIDENTIFIED MALE: No, but I think the sharia law, it's made by God, by Allah. And the Constitution is made by people. So it's not the same.

WEBB: Do you believe that sharia law should be above the U.S. Constitution?

UNIDENTIFIED MALE: Yes. Yes. Sharia law is completely different than the United States Constitution. As a Muslim, you practice my Islamic law as a Muslim. I -- I -- United States Constitution -- as a citizen, I have to respect the Constitution, nothing to do with sharia law. Is a Muslim country, sharia law is allowed. Other country, no, you have to (INAUDIBLE) Constitution.

WEBB: Should any religious law supersede the U.S. Constitution at any time, any denomination?

UNIDENTIFIED MALE: Maybe in the future. The U.S. Constitution deserve all the people living in the U.S. their rights, right? So sharia law doesn't contradict with this. Sharia law just protect our dignify -- we are, like, human being, we're respectful, to respectful (INAUDIBLE) society.

WEBB: So you think that the U.S. Constitution should be the law of land in the U.S.?

UNIDENTIFIED MALE: Also help (INAUDIBLE) to protect our sharia.

WEBB: Should sharia law be over the U.S. Constitution?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED MALE: Every country have a different policy and different law, but I respect the law in any country I go.

WEBB: Do you believe that the tenets of sharia law should be over the U.S. Constitution?

UNIDENTIFIED MALE: No. No.

UNIDENTIFIED MALE: But the U.S. Constitution, it is made by people, and the sharia law is made by Allah. So that is all the way above. That has to be definitely in the land (ph) not for the America for the whole world would be above.

WEBB: So that should be above the U.S. Constitution?

UNIDENTIFIED MALE: Definitely, yes.

(END VIDEOTAPE)

HANNITY: Joining me now with reaction, syndicated radio talk show host out of Boston Howie Carr, the author of "Demystifying Islam: Tackling the Tough Questions," the national spokesperson for the Ahmadiyya (ph) Muslim community, Harris Zafar, and FOX News contributor David Webb.

You had a significant number -- and by the way, this backs up a poll that came out last year that even a majority of Muslims in America think that sharia should supersede the Constitution.

WEBB: Yes, and look, there was no problem getting these questions and answers from these folks. You saw a wide variety of them. We gave them a chance to answer.

The problem is, I have this problem with anyone anywhere who believes that any religious belief supersedes the U.S. Constitution. We're a nation where the Constitution guarantees your religious freedom and where your religion does not trump it.

Most people believe that in America. There are Muslims who want to live here and live under our Constitution, but too much, we find a growing number of them that believe sharia should supersede the U.S. Constitution. And one there...

(CROSSTALK)

WEBB: ... in other countries, it's sharia, but look at those countries where sharia is the law.

HANNITY: Mr. Zafar, while you are a minority in the Muslim community, in many ways, and more liberal-minded in your views, generally speaking, we know the application of sharia renders or relegates women and minorities and other religious faiths to second class citizens! So that's just a fact when you look at the application of sharia in Muslim countries.

So if you have more than half of Muslims in America that want sharia, they are basically saying they don't support the U.S. Constitution where you have freedom of religion and freedom of expression.

HARRIS ZAFAR, AHMADIYYA MUSLIM COMMUNITY USA: Yes, what surprises me -- the reason this surprises me is because the most fundamental principle in Islam on this subject is that the law of the land supersedes all other laws. There are verses in the Koran that talk about government do not specify any religious involvement. They say, Put your trust in those that are in authority in your country, and it tells those people in authority to be just, not religious.

HANNITY: OK, but wait a minute!

ZAFAR: As long as they're just, that's the only requirements.

HANNITY: The true application of sharia in countries is women can't drive, women have to dress a certain way, they can't be seen in public with men that are not their relatives. In some cases, women need four male eyewitnesses for rape. Gays and lesbians are killed. Those that leave the faith are viewed as apostate. They are killed for such religious liberty.

So the reality is, it is at odds with the U.S. Constitution, its practical application! Howie Carr.

ZAFAR: So what -- oh.

HOWIE CARR, RADIO TALK SHOW HOST: Well, yes. Sean, obviously, this is what Ben Carson was talking about when he said he couldn't advocate for electing a Muslim president. This is just a very troubling fact of life in society.

I mean, and the fact that the Democrats are attacking Ben Carson over saying this -- I mean, this is a -- this is -- this is -- sharia law, there's no gay marriage, for instance. Abortion, as you pointed out, is punishable by death, blasphemy.

You know, no one's talking about rounding up Muslims, certainly not Ben Carson, like FDR did during World War II. But this is just a -- fundamentally, sharia law is...

(CROSSTALK)

CARR: ... at odds with the Bill of rights!

HANNITY: Howie, I want you to expand on that because, fundamentally, the Koran and Islam -- I'm not talking about radical Islamists. The Koran and Islam are fundamentally at odds with the Constitution! Isn't that the truth? Correct, right?

ZAFAR: Not the truth.

CARR: Correct. You know, did you ever think, Sean, that we would come to a point in our lifetimes where the Constitution and the Bill of Rights would be on the table?

HANNITY: No.

CARR: It's just mind-boggling. And I can't -- and I don't understand why the Democrats are so down on Carson. You know, they have litmus tests so-called for Supreme Court justices. If you're against abortion rights, then, you know, they don't -- they're not going to vote for you, including Hillary Clinton, Chuck Schumer. Now they have an abortion -- now they have a litmus test for Citizens United...

HANNITY: Let's take a...

CARR: ... the Supreme Court decision about the 1st Amendment. So I mean, if Ben Carson wants to make this a litmus test, if you're for sharia law, he's not going to vote for you, what's -- what's the problem? I'm with Ben Carson!

HANNITY: Yes. And by the way, you know, if I ask you, Mr. Zafar, you know, where are the Catholic and Christian and Protestant and Jewish temples in Muslim countries and what are the restrictions or what is the punishment for anyone that speaks out against the very extremely controversial life of Mohammed? What would happen to them in a Muslim country under sharia, as applied currently in Muslim countries today?

ZAFAR: Right. And so what you have clearly and very accurately defined as the system of government in countries like Iran, in Saudi Arabia, in Pakistan, Afghanistan -- there's a reason why within the worldwide Ahmadiyya Muslim community, and other Muslims, as well, do we continually and consistently condemn...

HANNITY: But you are a small minority!

(CROSSTALK)

HANNITY: You are a small minority! You can't even get...

ZAFAR: Sean...

HANNITY: As I understand it, in Pakistan, you can't get a Muslim funeral if you're...

ZAFAR: The U.S. -- the United States...

CARR: Sean, they just had a...

(CROSSTALK)

CARR: ... in Copenhagen, Denmark. They want to make Denmark a Muslim nation!

(CROSSTALK)

WEBB: Where this needs to begin, Sean, is that there's a reformation needed. And the Ahmadiyya Muslims, the Sufis, their other groups -- just like we had a reformation in the Christian church, there's time for a Muslim reformation, and it's at hand...

(CROSSTALK)

WEBB: But here's my point. In the United States, they can plant -- they can create a foundation and begin to spread. It's not going to...

(CROSSTALK)

HANNITY: ... 98 percent!

WEBB: No, I hear you. But it's got to start somewhere.

(CROSSTALK)

WEBB: ... to solve this problem.

HANNITY: Last word, Harris.

ZAFAR: That's why it's important to remember the U.S. constitutes less than 5 percent of the world's population. Obviously, they're not unimportant. It's about the works and the impact.

WEBB: I agree.

ZAFAR: And look at that. The Ahmadiyya Muslim community has built and operated over 15,000 mosques in the world, more than any other Muslim organization.

HANNITY: You are less than 2 percent. You're less than 2 percent...

ZAFAR: And the U.S. is less than 5 percent. But our significance is what really matters, and that's why within...

(CROSSTALK)

WEBB: He's a brave man.

ZAFAR: The U.S. Constitution absolutely is...

(CROSSTALK)

CARR: ... Saudi Arabia offering to build in Germany for the new refugees, so-called, that are coming into...

ZAFAR: And we're with you to condemn Saudi Arabia and their clerics, absolutely.

HANNITY: Thank you all for being with us.

Coming up, 2016 Republican presidential candidate John Kasich is next.

Later -- it's a story almost too shocking to believe, a damning report revealing American troops were told to turn a blind eye while Afghan officers on American bases overseas were sexually abusing young boys. We have a full report straight ahead.

(COMMERCIAL BREAK)

HANNITY: All right, welcome back to "Hannity." With just over four months to go until the all-important Iowa caucus, the race for the 2016 GOP nomination is heating up. Joining us now to discuss his campaign strategy, he man himself -- no Republican has become president without winning the Buckeye State of Ohio! John Kasich is with us.

How are you, Governor?

GOV. JOHN KASICH, R-OHIO, PRESIDENTIAL CANDIDATE: I'm doing great. I'm in Boston getting ready to fly back to the Buckeye State.

HANNITY: Well, that's why we played Boston coming in, so we'd make you feel at home while you're there.

All right, you have said -- you've called on the U.S. Senate to block filibusters and pass the bill opposing this dangerous Iranian deal.

My criticism is with Congress. They wouldn't use the power of the purse to repeal ObamaCare. That's their Constitutional power. I think a mistake. They wouldn't stop Obama's executive amnesty. That was wrong. The Corker-Cardin bill, in my view, is wrong. And I think they're going to end up funding Planned Parenthood by next week. We'll see.

Why won't they do what you're asking them to do, and how would you tell them to do it?

KASICH: Well, Sean, I -- this I don't understand because this Iranian deal is -- you know, I mean, it's opposed by -- everybody is concerned about it. And when I say it's opposed by everyone, I find very few supporters for this. People would say, If it's done, then we got to figure out what we do about it. But frankly, I don't want it to be done.

And I think the Senate is always reluctant to just end the filibuster because the filibuster can be -- it can be used sometimes to block really bad things that could come down the road, offered by people who are, you know, very liberal, for example.

But in this case, when you're talking about an agreement, it really should be a treaty, to not have the United States Senate be able to vote on it, to me, Sean, it's ridiculous!

And now they say, Well, the time has passed. Forget the time has passed. There's ways in which you can change the rules and have a vote. You don't need to do it willy-nilly. You don't have to do it every week. But this is a very big issue. And I just don't think...

HANNITY: So you want them to...

CARR: ... we should let a bunch...

HANNITY: ... use the nuclear option. You want them to...

KASICH: I do. I do. I don't want them -- yes, I want them to have a vote. And then people will say, Well, if there's a vote, the president will veto it and they don't have the votes to override it. You don't know that!

When the American people engage, it's amazing how many politicians will change their position. So they at least ought to have a vote and give the people a chance to speak. Absolutely, they should do this!

HANNITY: Do you agree with me that Republicans in the House and Senate have been timid and weak and afraid that they're going to get blamed for a government shutdown? I want 60 votes in the Senate, but they don't have that. In 2014 they didn't say give us 60 senators. They said give us a majority and we'll stop illegal unconstitutional executive amnesty and they ended up funding it. Do you agree that this is this where a lot of anger from conservatives like me is coming from?

KASICH: Yes. And Sean, the thing I really don't understand here is why they don't just -- look, you don't have to shut the government down to send the president bills that he can veto. And let him veto. I went through this on welfare reform. Bill Clinton vetoed welfare reform, I don't know it was one or two times, but we kept sending it to him. And guess what happened.

HANNITY: And you have a government shutdown.

KASICH: At the end of the day the public spoke.

HANNITY: Yes, and the government shut down.

KASICH: But that was over the balanced budget.

HANNITY: That was over the balanced budget.

KASICH: But Sean, look, the government shutdown, I knew because I was in the middle of shutting it down, I knew that we would get the Clinton administration ultimately to bend because there were too many people there who said, yes, we really need that to pursue a balanced budget. So you don't want to do this all the time. But there are times when it really can matter as long as you can get a win.

But you can do it by sending pieces of legislation and having the president veto it like we did on welfare reform. We didn't have to shut the government down, but we got welfare reform through.

HANNITY: But you did shut it down on the issue of balancing a budget with CBO numbers in seven years and you did it.

KASICH: Correct. Yes.

HANNITY: So this is my next question for you. I know your background and record as well as anybody. You have a very impressive conservative record. You were the architect --

KASICH: Right.

HANNITY: -- as the House budget chair of the last balanced budget this country had. You created a surplus with your budget and you fought the president, President Clinton at the time, to get it.

As governor you inherited huge deficits, huge surpluses -- I'm sorry, huge deficits, you turned a surplus, job loss that you turned to job creation. The only two issues I ever hear conservatives critical towards you about, immigration, and the refugee issue, which you and I discussed the last time you were on the program. I want to give you an opportunity to expand on this. Should people who do not respect our law and sovereignty, why should they have a path towards citizenship?

KASICH: I'm for legalization, Sean. I'm not for giving --

HANNITY: No citizenship?

KASICH: -- anybody a path to citizenship here. No, I don't believe in that. But I do believe if they've been law abiding in this country, they can get to legalization. They have to pay a fine and everything else. But the wall has to go up, Sean.

Look, Reagan was for letting these folks stay in 1986. Where did they fall down? They didn't enforce the law. We need to finish the wall. And if you come over for any reason, you're going back. I don't want to argue or discuss it with them. You got to go back. But for the ones that are here, I think they can be given a path to legalization. If they broke the law, that's a whole other story.

HANNITY: A path to legalization but no citizenship. Just to be clear --

KASICH: No, I don't believe we should --

HANNITY: OK.

KASICH: Correct. I believe we should go to legalization, but not citizenship. I don't believe in that path.

HANNITY: When you and I were on the last time, you and I discussed this.

KASICH: Yes, yes, yes, yes.

HANNITY: James Clapper and spokesperson for the State Department James Kirby both stated that it is likely that ISIS and Al Qaeda will infiltrate the refugee population. That to me is too big a risk, that while we're trying to do the right thing --

KASICH: Sean, look, if we can't be assured by people like Clapper that we don't have the process to properly screen, then we can't do it. So the issue is, they got to present a program to us that says, yes, we can determine who these people are.

Why am I saying this? Because, Sean, I don't want to go alone on everything in this world. The Europeans are being flooded. If we look the other way, I mean, frankly, I think we're not going to be able to rebuild these relationships. I like the coalition that George Bush the senior put together to go into the Gulf War. I supported him there. We had a coalition. It was awesome, it was powerful, and we accomplished our goal. At this point in time we have to rebuild those relationships and I think we have an interest in doing it because I don't want us to be the policemen of the world. I want us to work with others to accomplish our goals, including restoring sanctions on Iran if they cheat, including boots on the ground to destroy ISIS. These are the things I believe in.

HANNITY: All right, governor, I'm getting yelled in my ear. You know what that's like in TV land. Good to see you.

KASICH: I know it. God bless, thank you.

HANNITY: Talk soon.

Coming up, is the U.S. government allowing pedophiles on American bases in Afghanistan? A truly disturbing story, but an important one. We'll share it next.

And then later, violence in inner city Chicago spiraling out of control, 49 people shot over the weekend. Where is Obama? We'll talk about it with Sheriff David Clarke straight ahead.

(COMMERCIAL BREAK)

HANNITY: Welcome back to "Hannity." The U.S. military is pushing against a very disturbing report that American soldiers were in fact told to ignore the rampant sexual abuse of young boys by Afghan officers and soldiers on U.S. bases in that country.

Now, The New York Times published a story this past weekend where current and former U.S. military members described the horrific acts being committed by our Afghan allies, and they revealed how they face career- ending consequences for speaking out against the abuse.

Military officials are denying that there is a policy in place that prevents soldiers from reporting these criminal acts. The top U.S. commander in Afghanistan, Army General John Campbell, issued a statement yesterday writing in part, quote, "I personally have served multiple tours of duty in Afghanistan and am absolutely confident that no such theater policy has ever existed here and certainly no such policy has existed throughout my tenure as commander."

Here with reaction Fox News military analyst Lieutenant Colonel David Hunt, Lieutenant Colonel Bill Cowan. Gentlemen, I have heard this report myself. We have discussed it on this program before. Do you believe Colonel Hunt, this is true?

COL. DAVID HUNT, FOX NEWS MILITARY ANALYST: It's absolutely true. It's been true for 12 years in both Iraq and Afghanistan. The issue here is quite clear. General Campbell is technically correct. There is no policy that says you cannot prevent. There's also not a policy to prevent. It's absolutely ridiculous. What happened is a Special Forces captain came on trial actually stopped a police captain in Afghanistan on a military base from raping a young boy.

HANNITY: Look, I don't want to question the integrity of Mr. Campbell. Maybe he doesn't know.

HUNT: Well, Sean, Sean, Sean, I'm saying what he's saying is not -- it's technically accurate. The problem is a dodge. There is no policy that says we're not -- you can't --

HANNITY: But it's happening.

HUNT: The point is there's no policy at all. There's no policy. So what happened is it has been going on in Afghanistan and Iraq. And it's got to stop.

LT. COL. BILL COWAN, FOX NEWS MILITARY ANALYST: No written policy.

HANNITY: Colonel Cowan? Go ahead.

COWAN: That's right, Sean. There's no written policy. It's an unwritten policy. It goes without saying. And that's evidenced by what Captain Dan Quinn and Sergeant Charles Buckley, what happened to both of them. It's evidenced by the young corporal that lost his life when one of those boys was being abused and killed him, and God bless them and his father for stepping up and saying something. This story has been sitting in the depths for a long time waiting to come out.

And people are wondering what the hell are we doing in Afghanistan if that's the culture we're trying to save from the Taliban.

HANNITY: I am aghast because I know there's not one soldier that would find this acceptable. So if it wasn't a written law, was it an unwritten rule that your career will blow up if in fact you say anything?

HUNT: Yes.

COWAN: Sean --

(CROSSTALK)

HANNITY: Colonel Hunt, go ahead.

HUNT: The point Bill and I are making, yes, it's unwritten, but there's no policy to prevent. Look, we took over these countries and trained their military, their police, and their governments. And what happened in this particular case was on a U.S. military compound. We're complicit in this. And the fact of a chain of command starting with a four-star general wants to say there's no policy to prevent is dodging the issue. There's no policy that says you should stop, you must stop.

We have been looking at this for 12 years and two occupations, the rape of boys and girls on military compounds by our alleged allies who we're there to help. And it's criminal. And what happened is a captain and a sergeant, instead of being promoted, are being thrown out of the military for it. And as Bill said, we've had marines killed because of this.

HANNITY: Bill Cowan, we'll give you the last word. Colonel?

COWAN: Guilt by association, Sean. Our U.S. forces are on those bases. Those things are happening. This is an abject failure of leadership from the lower levels of command all the way to the top. They knew this was going on. And nobody stepped up and said you Afghans better get it right. We're giving you trillions of dollars. We're investing American lives in you. You better make some changes to some things. Nobody in that chain of command stood up to the Afghans and said we're not accepting this because --

HANNITY: It takes my breath away.

HUNT: And still aren't.

HANNITY: I can't believe what I'm hearing. Thank you both. Appreciate it.

When we come back, shootings, murders in Chicago, 49 shootings this weekend, skyrocketing. What we want to know is, where is the president? This is his home town. He's quick to comment on stories that gain him political points, but apparently this doesn't advance his narrative and he's mostly silent. Why, Sheriff David Clarke is here with reaction.

Also, did you make tonight's "Ask Sean" question? Are you going to be on TV tonight? Straight ahead.

(COMMERCIAL BREAK)

HANNITY: Welcome back to "Hannity." So the city of Chicago seeing yet another spike in violence. Over the weekend 49 people were shot, eight of those victims killed. So where is President Obama? He has no problems commenting on cases like the Texas Muslim teen who was arrested for bringing a homemade clock to school, but he is utterly silent when it comes to out of control inner city violence every time.

Joining us now with reaction, Milwaukee County Sheriff David Clarke. You know, Sheriff, when the whole Trayvon Martin, George Zimmerman case was going on the president commented my son would look like Trayvon. I kept scrolling at the bottom of the screen names that nobody ever heard of, victims including children in Chicago that we never hear about. And 49 people shot this weekend, eight died, not a peep out of the president, his own hometown. Why?

SHERIFF DAVID CLARKE, MILWAUKEE COUNTY, WISCONSIN: Sean, those numbers are staggering if you think about it. Violence now in the city of Chicago is an epidemic. If eight people died and 46 were injured when a tornado would sweep through Chicago, a state of emergency would be declared, resources would be brought in, probably the National Guard would be called out. But in this instance all we get from Rahm Emanuel, the mayor, who is an Obama protege, we get a shoulder shrug. We get a head in the sand from the superintendent of the Chicago police department. He's been nothing more than a mouthpiece for Michael Bloomberg's assault on the Second Amendment. And from president of the United States, the same. What it proves to me, I think this is exhibit A, Sean in the case that to these individuals, black lives do not matter.

HANNITY: Boy, that is a powerful statement. Add to that, now, police, you know, post Michael Brown and Darren Wilson and post Baltimore, they're afraid. They don't want to do their job. Is that contributing to the dramatic spike in a lot of big cities.

CLARKE: It has a lot to do with it. There is a lot going on, not only in Chicago but we see it in Baltimore, we see it in Milwaukee, Wisconsin, my hometown. It's a combination of things. One of the things that has gone on that is a new dimension is this assault on the American police officer, this war police. Police are less assertive right now. What needs to happen in Chicago, Milwaukee, and New York is the political class, Rahm Emanuel in Chicago, the mayor of Milwaukee, and de Blasio in New York, they need to make it clear to the public that they're going to properly resource the police department and they're going to stand behind these officers.

HANNITY: They're not going to do that.

CLARKE: And demand more -- I know, but I am just telling you what would turn this around, because the good, law-abiding people of Chicago are suffering. Look, there are not too many guns on the streets of Chicago. There are too many felons, career criminals that are armed. The law abiding people are not.

HANNITY: Sheriff, it's sad. I'm glad you're speaking out. Thank you for being with us.

CLARKE: My pleasure, Sean.

HANNITY: Coming up, we brought back "Ask Sean". Did you make it on yet? We'll have that next. And your help needed for the "Question of the Day," straight ahead.

(COMMERCIAL BREAK)

HANNITY: All right, that is Wendy, our special assistant. She's going to catch the ball on the way out tonight. Now time for tonight's "Question of the Day." According to TIME, the pope told reporters yesterday he's not a liberal. What do you think? Do you agree with that? What do you think about his comments? Just go to Facebook.com/SeanHannity, @SeanHannity on Twitter, let us know what you think.

Now, it's time. By the way, you can be a TV star. We have our "Ask Sean" segment tonight. You've been sending in questions via video on Facebook and Twitter, things you'd like to ask me. Here's tonight's question. It comes from the University of Central Florida college Republicans. Hi, guys.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Hi. We're the UCH college Republicans.

(APPLAUSE)

UNIDENTIFIED MALE: And here is our question for you, Sean. What issue do you think will be the deciding factor in the 2016 election?

(END VIDEO CLIP)

HANNITY: First, go, UCF. Thank you, guys, for the question.

It's always in elections peace and prosperity. But I'd add one other thing to this election year, the year of the insurgent, and it's very simple. Can you convince the American voter that you have the strength to get through your agenda and fight for your agenda? A lot of us are very frustrated, especially with Republicans in Congress. They haven't gotten the job done.

Now, if you have a question for me, go to Twitter, go to Facebook. Use the #AskSean, and you might be a TV star and we'll put your moment on TV, your question on TV.

That's all the time we have this evening. Don't forget, set your DVR so you never miss and episode. We take attendance. It hurts our feelings if you're not here. We'll see you back here tomorrow night. Wendy is going to catch the ball out.

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