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Kelly File

Carson responds to CAIR's calls to drop out of 2016 race; Chaffetz on questioning Planned Parenthood head's salary

This is a rush transcript from "The Kelly File," September 29, 2015. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Breaking tonight after three months of offering hence Donald Trump is sharing new details on his foreign policy plans for taking on the world's worst terror group and dealing with the mess in the Middle East.

Welcome to "The Kelly File," everyone. I'm Megyn Kelly. We have a big night of 2016 coverage with Marc Thiessen, Brit Hume and Dr. Ben Carson with big news on his campaign. But we begin with the current republican frontrunner. For months, Donald Trump has been insisting that he has a, quote, "surgical plan" that would completely annihilate the Islamic State terror army. One of the most challenging threats to global security. But he said he did not want to share it because he did not want the enemy to know what it was. Now in a series of interviews over the last 72 hours.  Trump has outlined an argument for pulling back on America's efforts to fight ISIS in Syria. And instead, letting Russia handle that battle.

And in an interview on Fox News just moments ago, he took things one step further. Here is some of how the Trump plan has unfolded.

(BEGIN VIDEO CLIPS)

DONALD TRUMP, R-PRESIDENTIAL CANDIDATE: I do know what to do. And I would know how to bring ISIS to the table or beyond that defeat ISIS very quickly. And I'm not going to tell you what it is tonight. If I win, I don't want the enemy to know what I'm doing. All I can tell you is that, it is like a foolproof way of winning. That is so simple, it's like the paper clip, you know, somebody came up with the idea that paper clip made a lot of money. Everybody is saying, boy, what did I think of that? That was so simple. This is so simple. So surgical, it would be an unbelievable thing.

We go in to fight ISIS. Why are we letting ISIS go and fight Assad and then we pick up the remnants. Why are we doing this?

SCOTT PELLEY, CBS ANCHOR, "60 MINUTES": So we lay-off ISIS for now.  In Syria. Lay-off in Syria. Let them destroy Assad and then we go in behind that.

TRUMP: That is what I would say.

PELLEY: OK.

TRUMP: Yes. If you look at Syria, Russia wants to get rid of ISIS.  We may want to get rid of ISIS. Maybe let Russia do it. Let them get rid of ISIS. What the hell do we care?

TRUMP: Putin is now taking care over what we started and he is going into Syria and he frankly wants to fight ISIS and I think that's a wonderful thing.

BILL O'REILLY, HOST, "THE O'REILLY FACTOR": Once Putin gets in and fights ISIS on behalf of Assad, Putin runs Syria. He owns it. He'll never get out.  Never.

TRUMP: All right. Okay, fine. I mean, you know, we can be in Syria.  Do you want to run Syria? Do you want to own Syria?

(END VIDEO CLIP)

KELLY: Marc Thiessen is a Fox News contributor and former chief speechwriter for President George W. Bush. Marc, good to see you. So that's the plan. And there is a lot of popular sentiment in this country that supports Donald Trump. Because more and more, the American people look at this mess in the Middle East. And they think, why should we have our American soldiers get killed over there. If the Russians want to put people in, if they want to get in this battle with ISIS and defeat them over there, go for it.

MARC THIESSEN, FOX NEWS CONTRIBUTOR: This plan is just like a paper clip, if you unfolded the paper clip and you used it to stab yourself in the eye, I mean, this is the most incompetent statement that a candidate has said on foreign policy in a very long time.

KELLY: Why? Why?

THIESSEN: It should be disqualifying as commander-in-chief.

KELLY: Why?

THIESSEN: Number one, ISIS is the enemy, Syria is the enemy, Russia is the enemy, okay? The Russians are in Syria because Iran invited them in. As Carly Fiorina pointed out in the debate, it was happened after General Soleimani who is the commander of the Quds Force, not the Kurds force, the Quds force --

KELLY: In Iran.

THIESSEN: Met with Putin in Moscow and then Russia came in. They are there to extend Iranian --

KELLY: So, Iran goes to Moscow -- let us make it clear because there are so many countries.

THIESSEN: Yes.

KELLY: And so many bad things. The bad guy Soleimani from Iran goes and meets with Putin. Next thing you know, Iran and Putin having a meeting and the next thing you know, Putin is in Syria and wants to fight this battle. Go.

THIESSEN: And he's doing it there to serve the Iranian interest.  Because Assad is Iran's best ally in the region.  

KELLY: Yes. It's kind of like he dislikes everyone. So, his point is, let all the ones we dislike hate each other and fight each other and we'll just sit over here.

THIESSEN: Yes. And second of all, that's not the republican sentiment. Seventy three percent of Republican say, they want to send ground troops to defeat ISIS in Syria and Iraq. So, the republican electorate is very hawkish and that is tuned to what Trump is saying. But second of all, what he's saying is, he's channeling Barack Obama and Hillary Clinton. He said in that quote that you just showed a second ago.  Why do we want to own Syria? He said, I want to run to build the bridges and build our country. That's Barack Obama's line.

KELLY: Now, we have that. We have that. There is a comparison.  There is a similarity between what Obama once say about not getting involved there and what Donald Trump said. Here it is. Watch.

(BEGIN VIDEO CLIP)

TRUMP: We can be in Syria. Do you want to run Syria? Do you want to own Syria? I want to rebuild our country, Bill. I want to rebuild our bridges.

PRESIDENT BARACK OBAMA: American workers built this country. And now we need American workers to rebuild this country. It is time we take some of the money that we spent on wars, use half of it to pay down our debt and then use the rest of it to do some nation building right here in office.

(END VIDEO CLIP)

KELLY: Go ahead, Marc.

THIESSEN: A memo to Donald Trump. That is the foreign policy that Republicans are running against. And it's not just Barack Obama. He said in that interview with Bill, this is the worst part of it all. He said in an interview with Bill that we can work with Assad. That I've looked to Assad and I'm a good judge of people. And he's a guy who we can work with.  No, he's not. First of all, that's Hillary Clinton.

KELLY: He didn't say quite that strongly. He didn't say quite that strongly.

THIESSEN: I've been looking at the different players and I've been watching Assad. And I've been pretty good at this stuff over the years, because our deals are people. And I'm looking at Assad and thinking he's better than the kind of people we're supposed to be backing. That's pretty clear.

KELLY: Well, that's different than he's the kind of guy that we can work with. He's better than ISIS.

THIESSEN: He's suggesting that --

(CROSSTALK)

No, he's better than free Syrian army. He's better than the people that we're trying to support against him. But the point is, Hillary Clinton is the one who said that Assad is a reformer. And she's not saying that anymore because you know what's happened, she said that in 2011.  Since then, he's massacred almost 300,000 people. He's the worst mass murderer of the 21st Century.

KELLY: He is. He's a truly terrible, evil man. But last question, why is it a problem if Russia expands its influences in Syria at the expense of the United States influence in the Middle East?

THIESSEN: Because they're there to help Iran. Russia and Iran and Syria have an axis that they are trying to expand influence. They've just reached an agreement to start helping in the fight against ISIS to help in Iraq. Iran is trying to overthrow the government in Yemen that is trying to -- are supposed to be our ally against al Qaeda. Iran is a country that wants to destroy Israel and get nuclear weapons and calls America -- and chants "Death to America." Anybody who goes in there to strengthen their influence at the expense of hours is not helping the United States of America. And for Donald Trump to not recognize these facts, Bill called him on it, he said, this guys is a mass murderer. He said, we don't know that. Yes, we do. This is not in dispute. Assad is a mass murderer.  Putin is trying to help him and he's trying to help Iran. This is not hard stuff.

KELLY: Marc, always good to get your perspective. Thank you, sir.

THIESSEN: Thanks, Megyn.

KELLY: Well, the other big story in the 2016 field and while there's growing series of media attacks on some recent statements by a couple of different republican candidates, "The Daily Beast" Dean Obeidallah today called this quote, the GOP's 2016 festival of hate suggesting it as quote, "Already the most racist presidential campaign ever."

Fox News senior political analyst Brit Hume joins me now. It's a festival.

BRIT HUME, FOX NEWS SENIOR POLITICAL ANALYST: That statement is so out there that it borders on hysterical. I mean, is he saying this republican campaign is more racist than the one in which, for example, George Wallace ran? I mean, is he really --

KELLY: How about 1860 when they're arguing over slavery?

HUME: Exactly. I mean, it's just, you know, it's preposterous. And, but Megyn, this reflexes a couple of things. One is, one of the great liberal achievements of our contemporary history, was the battle for equal rights reflected in the civil rights movement.

KELLY: Uh-hm.

HUME: And what it accomplished, among other things, was to make racism absolutely, absolutely verboten in the United States.

KELLY: Uh-hm.

HUME: The consensus against racism in America is overwhelming. It is bipartisan and it is utter. And so, if you can tag someone with the label of racism, the label of racist, you can do real damage. And too many unscrupulous actors in this drama have used that consensus as a kind of a cajole to damage people and disagree with for a range of other reasons.  This is in my view an example of that.

KELLY: What they're saying is, it's racism in particular against Muslims in the case now of Dr. Carson and Donald Trump. This is according to the, you know, the piece we referenced. Well, they're saying that the quote that was on CNN the other day was, Muslim is the new black.

HUME: Oh, please. I mean, one hardly note, what to say about this sort of thing. I mean, it's just, it is, I am afraid, Megyn, a for taste of what it is going to be like when the nominees are finally chosen and we have a democrat and republican running for the presidency, on how bad is this going to get. You know, we are looking at the rough stuff that's happening in the rough and tumble republican primary and Donald Trump was his insults and the struggle that Hillary Clinton is having in all the rest of it. And, you know, that looks like rough and tumble politics. But my fear is based on this sort of thing is that you ain't seen nothing yet.

KELLY: Why? Why does it so much worst or it seems so much worse now than it used to be?

HUME: Well, I think, you know, well, for one, the country is divided and poll rises I think it's been at any time since -- politics over the last 45 or 50 years. And that contributes to this. And the feeling in each camp is that if the other party were to win the presidency, that America as we know it, would be gone forever. And so you get this tooth and nail sort of attitude about everything. And, of course, it's all in the situation of Congress reflects it. And, you know, this is what we're looking at. And I think it's going to get worse.

KELLY: Is there any -- but do you think that -- is there any merit to this notion that Ben Carson with his comments or Donald Trump with that exchange he had with that man and not challenging him, it wasn't Trump that said anything, it was the man. Did somehow damage the republican brand.

HUME: Well, yes. That's possible, but there's a different matter. I mean, what we're talking about, there's no huge overwhelming consensus in America that you can't say ain't critical of Muslims. But you say something critical of African-Americans, you better be extremely careful what you say. I mean, you have to make sure that it is a policy disagreement with someone and it is not in any sense a criticism of the race. Not in any sense under any circumstances. But that's not a bad thing. That's a good thing in most respects. But what you're seeing here is people are trying to drag Muslims who are people we should certainly tolerate and care about, but among whom is a number that we need to be fighting and resisting. You know, they've kind of drag them into the same category as Blacks and other racist.

KELLY: Uh-hm.

HUME: But the Muslim faith is not a racist as I said. And so, some of the comment that we're talking about here were not only like racist, they are even racial.

KELLY: It's an interesting point. Good place to pick it up with our next guest. Brit, great to see you.

HUME: Thanks, Megyn.

KELLY: And wait until you see who that is.

We have breaking news tonight on one of the groups attacking Republicans, and in particular, attacking Dr. Carson.

Up next, see what we turn up on the Muslim-American group CAIR and whether they could now be in big trouble for their attack on the good doctor.

Plus, he's here. Dr. Ben Carson is here with some big news on his campaign.

Also, breaking news tonight out of Baltimore where a judge is now set the trial date for the six officers charged in the death of Freddie Gray.  And wait until you hear what he's done with respect to those trials.

And then, new questions, is an anti-guy advocate cross the line? With the video that goes after Dana Loesch who you know very well in the worst way. We'll show you the message and Dana is here to respond.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I'm the National Rifle Association of America and I'm freedom's safest place.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

NIHAD AWAD, FOUNDER, CAIR: Not long ago, some people thought that a Catholic could not be a president. An African-American cannot be a president. They were wrong then and they are wrong now. We ask Mr. Ben Carson to withdraw from the presidential race because he's unfit to lead, because his views are in contradiction with the United States constitution.

(END VIDEO CLIP)

KELLY: Well, breaking tonight, that was a nonprofit Council of American and Islamic Relations. Also noticed CAIR last week calling for Dr. Ben Carson to drop out of the race for the White House. In a "Kelly File" follow-up, we did some digging into the rules for tax exempt organizations like CAIR when they decide to get involved in politics. The IRS rules specifically provide that Section 501C3 organizations like CAIR are absolutely prohibited from directly or indirectly participating in or intervening in any political campaign, whether it be on behalf of or in opposition to any candidate for elective public office. Uh-oh, we're reaching out to CAIR for a response, when we get one, we will update you.

In the meantime, we are joined by Republican presidential candidate Dr. Ben Carson who is a retired pediatric neurosurgeon in 2016 candidate.  He has continued to take heat for how he answered a question last week about whether he personally would support a Muslim for president. Dr. Carson, good to see you.

DR. BEN CARSON, R-PRESIDENTIAL CANDIDATE: Thank you.

KELLY: So, maybe CAIR is in trouble. You've already said you won't be dropping out of the race. But let's pick up with you where I left it with Brit which is this accusation that already the 2016 race is the most racist campaign for president that we've seen in history. Your thoughts on that?

CARSON: Well, isn't that what the leftists always do when they can't find anything else to talk about? They drop back to racism. That's their standard defense. And it's so silly when you stop and think about it. You know, what I've talked about is about a system of living, which Islam is.  It has nothing do with race. You know, there are people of, lots of different races who embrace that. And as I've said before, it really doesn't matter what a person's religion is, if in fact, they're willing to accept the American standards, American principles, American values and to subjugate their beliefs to our constitution. Then, you know, that's very acceptable.

KELLY: What do you make of our own Charles Krauthammer --

CARSON: I don't know anything racist about that.

KELLY: Our own Charles Krauthammer came out and took some issue with that defense of your position saying, all right. He said, the constitution doesn't just tell you what you're not allowed to do. It also suggest what you shouldn't want to do. And he suggested, look, a major purpose of the constitution is to discourage and delegitimize this kind of authoritarian thinking like you put forward. What do you think of that?

CARSON: Well, I think Charles Krauthammer usually has pretty solid information. And has things to say that are worthwhile. I think he may be a little off base there. And there is nothing that I've said that is in anyway contradicting our constitution. In fact, I have a book coming out next week about the constitution that really breaks it down. And I hope that Dr. Krauthammer will read that.

KELLY: It's a disagreement of the doctor, sort of have to get a third opinion now. Let me talk to you about the polls which you just referenced.  The latest one, Wall Street Journal, NBC News, poll shows you now, in a virtual dead heat with Donald Trump, for frontrunner status, he's at 21 percent, you are at 20. First, let me ask you as some journalists had proposed last week. Do you believe that Donald Trump has picked?

CARSON: I suspect that he's probably getting close, but who knows. I mean, we're in uncharted territory. We've never had anything like this with all of these insurgence outsiders doing so well. Because it resonates with the people. And it really kind of depends on whether he put -- continues to put material out that people resonate with and doesn't, you know, become too thin-skinned and start attacking people over everything.

KELLY: Why do you think he's gone as you have?

CARSON: I've gone up a lot because I've been out there talking. And people have an opportunity to actually hear what I'm saying. And also because I think the American people have caught on to the media. And recognize that these guys have their own agenda. They're not really out there to do what they were supposed to do. They are the only business that's protected by our constitution. Because they're supposed to be on the side of the people. But the people are recognizing that they're not on the side of people, they have their own agendas. So they're not listening to them and they're not listening to the pundits, who, of course, from the beginning, has been wrong about everything they said about me. It seems like they've been tired of being wrong at some point.

(LAUGHTER)

KELLY: Dr. Carson, always a pleasure speaking with you, thank you, sir.

CARSON: My pleasure. Thank you.

KELLY: Well, we also have a dramatic twist tonight in the story of that 14-year-old student who brought a mysterious device to school saying that it was a clock, that he built from scratch. You know, they thought it was a bomb, they thought it was a clock. Well, wait until you hear who is now hosting him as a guest.

Plus, Republicans today raised concerns in a hearing on Planned Parenthood. And immediately, the Democrats started shouting about misogyny. The congressman who's in their crosshairs who, himself, was reduced to tears at one moment is here to react, next.

(BEGIN VIDEO CLIP)

REP. GERALD CONNOLLY, D-VA., HOUSE OVERSIGHT AND GOVERNMENT REFORM COMMITTEE: The disrespect, the misogyny, rampants here today tells us what is really going on here.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

KELLY: Breaking tonight, the head of Planned Parenthood goes before Congress and faces a barrage of tough questions about her organization and the taxpayer money that funds it. But instead of that debate, the committee chair who lead the hearing is coming under attack for questions the group's president, questions he raised of the group's president about her salary. Watch this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: In 2013, your compensation went up some $240,000. Your compensation we're showing based on tax reform is $590,000, correct.

CECILE RICHARDS, PLANNED PARENTHOOD PRESIDENT: That's not my annual compensation. Actually my annual compensation is $520,000 a year.

REP. CAROLYN MALONEY, D- N.Y.: HOUSE OVERSIGHT AND GOVERNMENT REFORM COMMITTEE: I first would like to register my opposition and my objection to the chairman beating up on a woman on our witness today for making a good salary. And the entire time I've been in Congress, I've never seen a witness beaten up and questioned about their salary.

CONNOLLY: Lord Almighty, what's America coming too? The disrespect, the misogyny rampant here today tells us what is really going on here.

(END VIDEO CLIP)

KELLY: Utah Congressman Jason Chaffetz is a republican and a chairman of the House Oversight and Government Reform Committee. So there you have it. You asked Cecile Richards who works for a taxpayer funded organization about the salary she makes. And you are a misogynists and shouldn't have done that because she is a woman, because she's a woman. Your thoughts on that?

REP. JASON CHAFFETZ, R-UTAH, HOUSE OVERSIGHT AND GOVERNMENT REFORM COMMITTEE CHAIR: We have questioned people about their salary time and time again.  This is a nonprofit organization that is taking exurbanite salaries, they're paying for first class travel, they're sending money overseas, they're sending it to political organizations to get out to vote. It's doesn't sound like things did actually go to women's health care and quite frankly I didn't want to hear a lecture from them, the holier than thou Democrats about how we don't care about anybody but ourselves. It's just not true.

KELLY: The point you were trying to make, you don't need it. You don't need the taxpayer subsidy. Not only are you doing very well, but you have a lot of private donations. And why are the taxpayers supplementing funding to an organization that pays the head half a million dollars a year as it flies his first class across the country.

CHAFFETZ: The revenue to Planned Parenthood is $127 million more than their expenses. So, why should the American taxpayers have to pull money out of their wallet and give it to Planned Parenthood? If they're going to pay those people that much money and pay for first class travel and have all of these exorbitant parties, and send money overseas, then they don't need funding from the American taxpayers.

KELLY: Their answer to that however is that Planned Parenthood is the only source of health care for millions of American women. And if you take the funding away, there will be closures, and women will suffer. In particular, low-income women.

CHAFFETZ: That's just not true. There are more than 13,000 of this community health center that offer these same types of services. There are less than 700 Planned Parenthood offices. So, if you want to actually get out to more of them, then you should actually go to these community health centers. And by the way, Planned Parenthood doesn't do any mammograms.  And if you look at their breast cancer exams, they found out like 50 percent.

KELLY: Yes. But they do breast cancer screenings. They do breast cancer screenings, STD testing and birth control.

CHAFFETZ: No.

KELLY: That's what they testified too today.

CHAFFETZ: But if you look at over the last few years, basically a 53 percent reduction, the number of breast care screenings that they've done.  So, those numbers are going down, but the number of abortions is going up.

KELLY: All right. I've got to ask you because it was a very personal moment. I mentioned in the tease that you were reduced to tears today, it wasn't because they were yelling at you and calling you a misogynist. It was actually in some heartfelt testimony about your wife and the death of your parents, both of whom died from cancer. Here's the part about your wife.

(BEGIN VIDEO CLIP)

CHAFFETZ: And my wife since her day, helping these women. I'm proud of her for doing that.

(END VIDEO CLIP)

KELLY: I've never seen that of you before. Why so emotional on that subject today?

CHAFFETZ: Because my wife, Julie spent her day, I'm getting emotional again, but you know, she works with -- for a plastic surgeon who works with women who are going through double mastectomies. So, I didn't want to get a lecture from Democrats who say, all I care about is money and I hate women and I lost my mom to breast cancer. I lost my dad to colon cancer.  My wife spends her day helping these women. So, I don't know, I'm just laying it all out there, I guess.

KELLY: I appreciate your sentiment. I was going to mock you as the next John Boehner. But what you said was so sweet, I decided not to do it.

CHAFFETZ: You almost got there. You almost did it.

(LAUGHTER)

KELLY: Jason Chaffetz, thank you so much for being here tonight.

CHAFFETZ: Thank you.

KELLY: All the best.

Well, also tonight, did an anti-gun advocate cross a line when he produced a video that goes after Dana Loesch in a very ugly way. We'll report, you decide when Dana joins us later.

But, first, big news breaking in the investigation into the death of Freddie Gray in Baltimore as a new report reveals statements from the Baltimore six early on in the case. And now we know what the cops are saying about one another.

Mark Eiglarsh and Arthur Aidala on what it means for the case, next.

(BEGIN VIDEO CLIP)

WARREN ALPERSTEIN, COURT OBSERVER: What the state wants to do is try for the first. And the reason, in all likelihood that they want to try the officer first is because their statement that for it made and implicates some if not all of the other officers.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

KELLY: Breaking tonight, new details are now surfacing in the death of Freddie Gray, as the judge sets the trial dates for the Baltimore six. According to a new report, at least one officer warned that Freddie Gray needed medical care, moments after his arrest back in April. But we're also learning that that officer suspected that Gray may have been faking his injuries at the time. Trace Gallagher is live in our west coast newsroom with the story, Trace?

TRACE GALLAGHER, LOS ANGELES: Megyn, the only officer not in court today was William Porter. He'll be the first officer tried on November 30th and prosecutors want Officer Porter try it first because he'll then be called as a witness against the other police officers. If he wasn't tried first, he could refuse to take the stand to avoid self incrimination. Remember, Officer Porter checked on Freddie Gray after he had been arrested and placed in the back of the police van. The Baltimore Sun reports that Porter told the driver of the van, Officer Caesar Goodson, that Freddie Gray was in medical distress and wouldn't be accepted by central booking. But Porter also stated that he wasn't sure if Gray was actually in distress or just acting like it. Saying quote, "Everybody plays the "I need to go to the hospital" thing when they get arrested. Sergeant Alicia White reportedly stated that she found Freddie Gray responsive, but not cooperative. Defense attorneys argued the initial statements maybe by all six police officers should be tossed out because the officers believed they were being interviewed as witnesses, not suspects. And feared that if they didn't cooperate, they'd be fired, but the judge says the statements were obtained legally and will be allowed. A new motion for change of venue was also filed today, even though the judge has already ruled the trial will take place in Baltimore. Caesar Goodson, the only officer facing a second degree murder charge, will be tried January 6, the remaining four officers will be tried every few weeks after that -- Megyn?

KELLY: Trace, thank you. For more on this, we turn to our legal panel. Mark Eiglarsh is a criminal defense attorney. Arthur Aidala is a New York trial attorney and Fox News legal analyst, great to see you both. All right, so let's start with this. It seems very important to the prosecutor, Marilyn Mosby, that they tried Porter first. Porter is the guy who arrived to check on Gray at the fourth out of five van stops. At which point he helped him on the floor and put him on the bench without a seatbelt. Why, Mark, do they want Porter to go first so badly?

MARK EIGLARSH, CRIMINAL DEFENSE ATTORNEY: Because they're alleging that he had direct contact with Freddie Gray and asked him whether you need to go to see a doctor or the hospital and he indicated, yes. And they're going to argue, but then they chose not to give him what he needs. However, Porter also claims that he was suffering Freddie Gray was, from their term, jailitis (ph), which is a term that they use where people typically fake it, so that they can go to the hospital, instead going to jail.

KELLY: That's the thing, Arthur is. What really is the import of this statement by Porter, on which the prosecutors are clearly getting ready to rely. Because, on the one hand he said he asked for assistance, on the other hand he says, I thought he have been faking it.

ARTHUR AIDALA, NEW YORK TRIAL ATTORNEY: Well, at least gets them over the very first hurdle of knowledge. Who knew what? So it's the first time we have something that we've been discussing, that the word was spread, that he's asking for help. And specifically, with Alicia White, who's the sergeant here. Who -- she is charged with not rendering assistance, knowing that he needed assistance. However, Porter statement also says, Sergeant White, when she -- he needed assistance said, "Get him medical assistance."

KELLY: I know.

AIDALA: So it cuts both away.

KELLY: That's -- I read that and I thought the case against Alicia White just officially fell apart. It was weak against her from the beginning.

AIDALA: Beyond a reasonable doubt.

KELLY: You got -- the one guy whose statement, they seem to be taunting Mark, said that Alicia White who is beloved in the Baltimore community, it should be noted. So this is the woman who volunteers everywhere. There should (inaudible) the cops and the precinct and so on and the churches -- She arrives and what does Porter tell her? He did medical assistance and according to the statement, she comes out and says "Go get him medical care."

EIGLARSH: Yes. And add to that, also, that the backdrop with the attorneys are going to argue with, it's constantly coming up from these defendants that they want to go to the hospital. And they don't always send them there. So there's a certain amount of discretion that officers have in deciding who goes where.

KELLY: The other thing is we don't know whether Freddie Gray had the injury that would wind up, taking his life at the moment Porter laid eyes on him.

EIGLARSH: Correct.

KELLY: At that fourth stop. We don't know when it happens. So it could have been that Freddie Gray was still in sort of a faking mode at that time. And that the injury didn't come until afterwards. Here's an interesting thing I want to ask you about. Because the DA apparently also revealed, that she plans to use DNA evidence in this case, and that there are -- the investigators apply for a search warrant to look for possible DNA on the officer of -- on the uniform of the driver, Officer Goodson. Why Arthur?

AIDALA: He's the one who's charged with the murder. Just to everyone know. He's the one with the highest town. They're looking for his blood. They're looking for Freddie Gray's blood on his uniform. I let -- so let's just say, it's there. Let's say there his blood is there. There's no issue here which to present to a jury, whether the injury took place, so.

EIGLARSH: Right.

(CROSSTALK)

AIDALA: Well, there may be.

EIGLARSH: I just on something.

AIDALA: OK, go ahead.

EIGLARSH: No, no. I thought of something. I've always picture the driver, somebody who is distance, distance to some extent from Freddie Gray. And that he had no contact with them. If he's alleging -- look, I didn't have contact with him. I was getting reports from other officers that he was doing fine and did he need to go anywhere. Now, if that's what he's sailing, and there's blood of Freddie Gray on his clothing, then that might contradict his allegation.

(CROSSTALK)

AIDALA: But at some point, that van stops and the driver gets out and you know, like every driver does when they go to central booking. They help the prisoner's out of.

KELLY: Right.

(CROSSTALK)

KELLY: I want to shift gears because I have a couple of more questions for you. Do you think they're going to on trial Officer Rice last? Now he's the one who arrested and physically confronted Gray and they say they failed to secure him, initially. Why is he last? That -- is it good or bad to go last?

AIDALA: Great. It's so fantastic, it's spectacular.

KELLY: Why?

AIDALA: Because you have five trials ahead of you. You are the (inaudible) and if I was lawyer, I have all the all of the transcripts. I have what everyone else said.

EIGLARSH: Absolutely.

AIDALA: I am able to cross examine to my heart's content, I have so much material to work with. Though, the best thing, I don't know why they trying Alicia White third. Basically, charging Porter for his statements. Then Goodson was charge with the murder. Then, poor Alicia White, who seems to have the least amount to do it, she's third. I don't know where that came from.

(CROSSTALK)

KELLY: Last question, quickly. We'll ask question quickly, Mark. What do you think because the defense wants these police statements we've been discussing out. They say these guys got questions in a way that you know they thought they didn't realize they were -- they had (inaudible) rights that they assert at the moment.

EIGLARSH: Yeah, I don't like that the statements are coming in. We all have cherished rights not to incriminate ourselves and they shouldn't have to choose between their cherished rights and feeding their family. It is essentially what happened here. You don't speak, you lose your job. Really? That's freely involuntarily given? I don't think so.

AIDALA: But they were able to lead freely and that's the general rule. If you are able to walk away with the police, you are not under arrest. You don't need to be (inaudible) random warnings, so.

KELLY: But they may have been. I'm not sure if they -- if they may have been read their random warnings, I don't that, the answer to that yet at this point in this case. Great to see you both.

AIDALA: Thank you, Megyn.

EIGLARSH: Thank you, Megyn.

KELLY: Well, we also have a dramatic twist tonight in the story of a 14-year-old Muslim student. Who showed up at the school with the device that look a lot like a bomb, who said it was a clock built from scratch. But wait until you see who's now hosting this young man, it's making some headlines as a guest.

Plus, Dana Loesch joins us next to talk about a new video from an anti-gun advocate that wow, you may find it disturbing.

(COMMERCIAL BREAK)

KELLY: And now the story of a disturbing video that literally targets Dana Loesch, a frequent guest on "The Kelly File" and the author of the book, "Hands Off My Gun." She's an outspoken Second Amendment defender who recently created an NRA video, asking for the freedom to defend her family.

(BEGIN VIDEO CLIP)

DANA LOESCH, HOST OF "DANA," THEBLAZE TV: I'm a mom. And just like millions of other women, that's why I own guns. We're responsible. We're law-abiding. And we're everything that makes America strong. I'm the National Rifle Association of America. And I'm freedom's safest place.

(END VIDEO CLIP)

KELLY: Well, an anti-gun advocate who goes by the Twitter handle, Pinhead, then took that NRA video and ended -- edited the ending. We're only going to show this to you one time and we want to share of you our warning that the following video is very graphic, Here it is.

(BEGIN VIDEO CLIP)

LOESCH: I'm a mom. And just like millions of other women, that's why I own guns. We're responsible. We're law-abiding. And we're everything that makes America strong. I'm the National Rifle Association of America. And I'm freedom's safest place.

(END VIDEO CLIP)

KELLY: Joining me now, Dana Loesch, host of "Dana," on TheBlaze TV. Dana, good to see you.

LOESCH: Hi, Megyn.

KELLY: That is so disturbing. That -- tell us how you found that about that?

LOESCH: I was actually sitting on my son's baseball game, Sunday afternoon and hit a double-hitter. And by -- my son starts blowing up. I was getting all of these text messages from friends and they said, "You really need to look at Twitter right now. There's just video that's going around and it's really creepy." So I thought, all right. So I opened my Twitter app and I looked and I saw retweeted into my mentions a tons of times. And this guy, this is an individual who is harassed me for really long time. You know, I just, you know I try not to engage as much as possible. And I had just muted him. But other people where we tweeting it into my mentions which is how I saw it.

KELLY: You can't ignore this.

LOESCH: Yeah.

KELLY: I mean you know who he is. He goes by Pinhead which -- you know, the app name, of course. But, you know who he is. His name is Tom -- what is his last name?

LOESCH: Applebock (ph)

KELLY: Yeah. So Tom and -- so he's been your sin in his mind is that you're a Second Amendment supporter?

LOESCH: Yes, I'm a woman and I'm a Second Amendment supporter. Apparently, that's my sin because I, you know, I've been -- have been forbid that people, men or women have the right to defend themselves. And the thing that really got me about this, Megyn, and normally -- because I've let a lot of things slide before. I mean, I've dealt with, you know a lot, as you have, as well. And the thing that got me with this is that my oldest son, you know, he's teenager now. And he's online. And he has a Facebook account and has, you know, he's on Instagram. And as much as I police has usage of the Internet, I can't stop him from seeing everything and I couldn't stop him from seeing this and I couldn't stop his friend from showing it to him. And he was able to see it before we were able to say anything to him.

KELLY: This is just wrong. The irony, I mean the irony is so rich of this of an anti-gun advocate putting a gun into a video.

LOESCH: Right.

KELLY: And blowing a mother's head off to try to make his point. I mean, this is what's so disheartening, discouraging about the stage of debate in this country today, where we can't disagree. With that -- I mean, that ad, you think it's hateful in it? You stood up for the rights in which you believe. This guy gets hateful.

LOESCH: Right.

KELLY: In his response to your rights.

LOESCH: Yes, and that is the biggest irony. And I'm so glad that you mentioned that because it's always the people who hate guns and they don't want anyone else to be able to lawfully posses them that want you to die by a gun. You know what I mean? Wanting to be a law-abiding Second Amendment practitioner does not magically put a gun into the hand of anyone who does not want one. It does not magically armed criminals either, and that is the disconnect. And it is, it's incredibly disturbing, the amount of harassment. People receive just for expressing a different opinion. And, you know, I don't -- personally, I don't believe that this is satire, but I also don't believe in hate speech, either. I just think that the level of discourse in this country is frightening. And I did go to the FBI, because I do take things like this quiet seriously, simply because the behavior from this one individual, it increased in intensity and frequency. And I thought that's -- I don't want to mess with this. So for just, you know, legal purposes and my own safety, I wanted to go ahead and make sure that I have a record of having reached out and you know, talked to someone about this. So I did reach out to the FBI and they are assessing the situation.

KELLY: The ad has been from Twitter. Is it off? I mean, that you can never really get it off the Internet.

LOESCH: Yeah.

KELLY: But it is off and has there been any sort of apology or anything by this person?

LOESCH: No, no apology, doubled down on it. Encouraged other threats because from this, it inspired other people -- there was a guy who said that he wanted to redact me up because I hide behind my guns. In which like, yes, that's the entire reason why I carry because I have men threatening to harm me and anybody else that's a law abiding gun owner. His particular post in which he published that video, Twitter did move it. His account is still there. I have him blocked at this point, but he and other people are kind of reaching out. And I want to say this too. I know that someone from (inaudible) had issued, like, you know they have said they condemned this to Huffington Post.

KELLY: Quickly.

(CROSSTALK)

LOESCH: Which you know, which I appreciated. But here's the thing. Whenever there's unspeakable tragedy.

KELLY: I got to go.

LOESCH: You have this individual.

KELLY: My apologies.

(CROSSTALK)

KELLY: Stand by. We'll pick it up.

(COMMERCIAL BREAK)

KELLY: Pesky hard breaks for the rude computer cuts you off no matter what's happening, let me let you finish your thought, Dana, go ahead.

LOESCH: Thanks, Megyn. Now, I was just going to say very quickly that some of these anti-gun advocates and the groups in which they belong, they really need to watch their rhetoric because it's inciting actual threats and I fear that it can one day incite violence against people who just want to be law abiding Americans.

KELLY: Great to see you.

LOESCH: Thank you, Megyn.

KELLY: Thanks. Well, a dramatic new twist and a story of a 14-year-old Muslim student, arrested after bringing a mysterious electronic device to the school. Officials thought it looked a lot like a bomb. He said it was a clock, he built from scratch. Trace Gallagher has the update, Trace?

GALLAGHER: And Megyn, he's now been invited to Qatar and the imitation is part of an initiative to quote, "Attract bright young minds and encourage gifted youth to reach their full potential." Ahmed of course hit the headlines after he was arrested and suspended for bringing what some believe was a hoax bomb to school. Ahmed claims he built the clock to impress his engineering teacher and his supporters said the school and the police overreacted because of his race and religion. Facebook founder Mark Zuckerberg, Hillary Clinton and President Obama, all thought the clock was cool. The White House even extended an invite to Ahmed. But many experts say it appears the device if Ahmed's computer briefcase is actually a 1980s alarm clock from RadioShack. Watch.

(BEGIN VIDEO CLIP)

THOMAS TALBOT, ELECTRONICS AUTHOR: All that he did was remove the plastic case from the alarm clock. This is not an invention. This is not something that someone built, or even assembled.

(END VIDEO CLIP)

GALLAGHER: Texas police say they have more information about the device, but can't release it because Ahmed's a minor and his family won't agree to it, but the union said this. Listen.

(BEGIN VIDEO CLIP)

HEATH WESTER, TEXAS MUNICIPAL PATROLMAN'S ASSOCIATION: His enchant wants to see how far he can get with the device and to see what kind of alarm that he could get. And as you can see now, he's got what he asked for.

(END VIDEO CLIP)

GALLAGHER: Ahmed still plans to bring the device with him to meet the president in D.C. Megyn.

KELLY: Trace, thank you. We'll be right back.

(COMMERCIAL BREAK)

KELLY: A note before we go. Quick thanks to Bethlehem Central High School for a lovely weekend. My school inducted yours truly and others into their hall of fame on Saturday, and it was great to be home again. Great to hear that cheering section, they call themselves the hooligans -- I like that. And great to see the home team put a win on the board -- go Eagles! Lots of love that and thanks to be BCHS.

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