What new polls reveal about 2016 favorability; Rep. Webster on running for House speaker

New numbers show surges for Carson and Fiorina; Analysis on 'The Kelly File'


This is a rush transcript from "The Kelly File," September 28, 2015. This copy may not be in its final form and may be updated.

SHANNON BREAM, GUEST HOST: Breaking tonight. Good news continues for four candidates on top of the Republican field, as new Fox News polling shows who the voters like and who they dislike. We're going to break down why those numbers matter.

Welcome to "The Kelly File." I'm Shannon Bream in for Megyn Kelly tonight.  First, senator and presidential candidate Ted Cruz wins the Values Voters Summit straw poll, with a barn-burning speech that brought people to their feet with support. Take a look.


SEN. TED CRUZ, R-TEXAS, PRESIDENTIAL CANDIDATE: I'm here to ask each and every one of you to stand, stand in your faith, stand with your principles, come together, how do we turn this country around, just like in 1980, we rise up as we the people and we say we will defend this last best hope for mankind. This shining city on a hill that is the United States of America.


Thank you and God bless you!


BREAM: But Senator Cruz is not the only republican candidate enjoying a campaign upswing. Ben Carson saw fund-raising and polling bumps over the past week, appearing to show that his comments on Muslims and the presidency failed to discourage his base. Carly Fiorina continues to draw more republican support as she builds time on the trail, and Senator Marco Rubio appears to be steeling the spotlight from his former mentor. Take a look at the latest numbers. Dr. Ben Carson way out ahead of the pack with a net positive of 52 points. Next up in nearly 20 points back in the 30s are Rubio and Fiorina in at 35 and 30 net positive points. Trump and Bush way farther down.

Joining us now, Chris Stirewalt, our FOX News digital politics editor and Howie Kurtz, the host of "MEDIA BUZZ" here on FOX. Gentlemen, good evening to you.



BREAM: All right. Chris, what do you make of this? Because those favorables in the long run are very important. You can get a lot of headlines but not necessarily be loved by the potential voters, you need to go at the ballot box and pull the trigger for you.

STIREWALT: Well, Shannon, let's say you and me decided to get into honest business and opened a coal mine and we were looking at which coal mine we wanted to buy. We would care a lot about how much coal that mine was producing at a given time, how much was it put into a bar to a rail car.  But we would also care how much was in the ground, the proven reserve that was still in the ground yet to be mined. These favorability ratings constitute what is yet to be mined for these candidates. What's the space?  Who are the people that are open to the idea of potentially voting for them?

And that's why if you're Cruz, if you're Carson, if you're Fiorina, if you're Rubio, you say look, maybe I'm not number one right now, or in Carson's case, he's tied essentially for first place with Donald Trump.  But you say maybe I'm not number one right now, but I have proven reserves on the ground and people like what I'm saying. If you're Jeb Bush or you're Donald Trump, you say my reserves, I may have higher numbers but my reserves were thin and they have to figure out a way to change that.

BREAM: I mean, Howie, there was a time where being likable or funny or having a good quip on the campaign trail really didn't mean anything. That didn't factor into the way that people chose you should be president. But things have changed.

KURTZ: Well, being from Brooklyn, I don't know anything about coal mines, what I do know is that Marco Rubio is the only practicing politician here who may be about to break out of the second tier. And it seems to me that he's been helped by a couple of good debates, as well as he's got a certain degree of charisma but also he is attacking Donald Trump. I know you're going to talk about this later, but Rubio insiders tell me that Marco is not looking to engage Trump but he does feel he has to fight back when asked -- because Trump is ramping up his attacks on the Florida senator and therefore, I think that is the media loved conflict and that is getting some of the spotlight onto Rubio. As for his fellow Floridian, Jeb Bush, if you told me three months ago that Jeb Bush would be in fifth or sixth place with seven percent of the vote, I would have said it would be more likely that scientists would find water on Mars. And that's all --

BREAM: Wow! Way to tie all the headlines of the day together, Howie.  Okay, he is the master. All right. Chris, it's not just about favorability. And I know that you've been looking at this about, you know you have to have money to stay in the game. There are other factors. So when you kind of put together the stew of what you need to stay in this for the long haul to get to Iowa and potentially beyond, who knows well with the combinations?

STIREWALT: So, right now Ted Cruz is doing single battle against the entire United States Senate. It's not getting him anywhere, but it's not getting him anywhere procedurally, but it's getting him donations. I guarantee you right now, the fight that he's engaging with in the Senate today, tonight over funding and Planned Parenthood and all that stuff, that helps him get donations and that helps him stay in the game. And he'll have plenty of money. That's why he's in a very good situation with Ben Carson. It was an open question, is Ben Carson going to have enough dough to go the distance? There's going to be some -- and then he fades.

Well, we find out that he had solid, very solid fund-raising in this quarter. Twenty million dollars, his campaign manager told NBC. And they saw a substantial uptick after he said he wouldn't vote for a Muslim president and he was rewarded by his donors for that. So building that war chest right now and Rubio and Fiorina are doing the same, that's how you get that coal mined. That's the money that you need to run your man trip to get in there and get that coal out on the conveyer belt.

BREAM: It's always back to West Virginia, isn't it?

STIREWALT: It's always back to West Virginia when we can.

BREAM: Okay. Now, back to Brooklyn with Howie. Okay. So, let's talk about a couple of these folks. I watched Senator Ted Cruz today on the floor when he railed on the establishment. He railed on Republicans who he said have made all these promises, they won the House and the Senate.  They're not getting anything done. I mean, that definitely is his line of argument, his line of campaigning. But Howie, is he going to be able to -- it definitely appeals to his base and his supports are strong and he's got a good grassroots army out there, essentially. But can he expand beyond that enough to win the nomination to stay alive for a while and, you know, long-term in a general?

KURTZ: Well, it depends on how angry Republicans are at the mess in Washington, because Cruz, by design, is not the most popular guy among beltway Republicans. His fans love that. But people who are more skeptical say, well, can he really -- is he so -- such an outlier in terms of taking on the system, what he calls the Washington cartel, can he lead effectively? And I think in a general election if he were to get that far, that could be more problematic. But going back to Carson, it's really noticeable the media have been pounding on this guy for more than a week over those comments on "Meet the Press," about I wouldn't advocate a Muslim as president. He later qualified it. Show after show including two Sunday shows yesterday. What this says to me is one, a lot of republican voters agree with him. And secondly, they dismiss the carping, they see what the media elite which they see as out of step and Carson perhaps more in tune according to the people who are saying and telling pollsters at least that they like Ben Carson.

BREAM: Yes. For a lot of these candidates, that exact badge of honor that they're hoping to leverage. All right. Chris, Howie, West Virginia, Brooklyn, good to see you both tonight.


KURTZ: Good to see you.

BREAM: All right. A major announcement today from the man at the top of the poll. Donald Trump officially unveiled his much awaited highly debated tax plan. Campaign Carl Cameron lays out the plan and then we debate why even though it's being well received by many Republicans, there are some skeptics tonight.

Plus, new questions about whether Hillary Clinton just perjured herself, after a new batch of e-mails surfaced on Friday. James Rosen and Judge Napolitano investigates. And wait until you see what happened when a Planned Parenthood supporter decided to take on Carly Fiorina face to face on a campaign trail. The video and the fallout, tonight on THE KELLY FILE.


PROTESTER: How much money are you getting to do the abortion agenda and use lies on Planned Parenthood to win the nomination?



BREAM: Breaking tonight, a major announcement from Donald Trump, as he releases yet another policy proposal. This time, his much awaited tax plan. And after weeks of debating whether Trump would raise taxes on the wealthiest of Americans, something he's hinted at in the past, it seems we may finally have an answer.


DONALD TRUMP, R-PRESIDENTIAL CANDIDATE: It will provide major tax relief for middle income and for most other Americans. There will be a major tax reduction. It will simplify the tax code. It will grow the American economy at a level it hasn't seen for decades.

Chief political correspondent Carl Cameron is live in Des Moines, Iowa with more. Hello, Carl.

CARL CAMERON, FOX NEWS CHIEF POLITICAL CORRESPONDENT: Hi, Shannon. Well, we now know Mr. Trump's plan to simplify the tax code consists of taking the current seven brackets, seven margin income tax brackets and cutting them down to just three. Currently the highest tax bracket is 38 percent.  It would drop to 25 percent. There would be another lower bracket at 20 percent, and then one at 10. After that it would go to zero. So anybody making $25,000 a year or less, effectively the working poor would pay no taxes at all. A couple making $50,000 a year or less would pay nothing at all.

As for everybody else, taxes would come down fairly considerably. He would pay for it with a variety of things, eliminating lots of itemized deductions, particularly for the wealthy. He would also go after hedge funds and private equity funds by stopping what's called carried interest.  It would be a big tax on them. All in all, the big question really is how a big tax cut is going from 38 percent down to 25 in the largest bracket will go over with the American electorate. Now, secondarily, while there are some conservatives who like that, it's already being attacked by some critics. Secondarily, Mr. Trump has reiterated his support for universal health care. The rest of the Republican Party has spent the last, many years going after ObamaCare and Trump has been a critic of that, but his support for universal healthcare, he reiterated last night on "60 Minutes."  Watch.


TRUMP: Everybody has got to be covered. This is an un-republican thing for me to say, I am going to take care of everybody, I don't care if it costs me a votes or not, everybody is going to be taken care of. Much better they're taken care of now.

UNIDENTIFIED MALE: The uninsured person --

TRUMP: Right.

UNIDENTIFIED MALE: -- is going to be taken care of, how?

TRUMP: They're going to be taken care off.


TRUMP: I would make a deal with existing hospitals to take care of people.


CAMERON: Shannon, Donald Trump making news, healthcare, tax policy a couple of weeks ago talking about the Second Amendments and guns and immigration. Now paper policies from the front-runner.

BREAM: All right. Carl, thanks for breaking it down for us.

Joining us now to react, Roger Stone, a former political advisor for Mr. Trump and for President Richard Nixon. And Guy Benson, a FOX News contributor. Gentlemen, welcome to you both.


BREAM: Roger, I'll start with you because there has been positive reaction. A lot of people say there are a lot of great things in here.  But their concern is that maybe Mr. Trump doesn't stick to this plan.  Maybe he vacillates, maybe he changes position should he become president.  What say you?

STONE: No, I don't think so. First of all, it's a very dynamic plan, it's a very pro-growth plan. It's a very pro entrepreneurial plan. The most important part of this plan is, our current corporate tax rate is 35.  China is 25 percent. Under a President Trump, it would be 15. You want to bring jobs back from China? That's the single best way to do it. It's the most dynamic and important part of the plan, and I think it fulfills his commitment in terms of China. The other thing I like about it of course is it does go after those on Wall Street who are not paying their fair share.  No one can say that this is pro Wall Street. It's pro Main Street. I am really I'm glad to see Trump roll this out and I think this is the issue that he will use to drive to the nomination.

BREAM: All right. And here's what he talked about a little bit earlier.  Because he -- there have been questions about whether the wealthiest would get a break. Whether they would be paying higher taxes. Here is what he said about how it would affect him just a little while ago.


ERIN BURNETT, CNN ANCHOR: Will you pay more money, will it be millions and millions, hundreds of millions, how much more will you pay?

TRUMP: I will probably end up paying more money, but at the same time I think the economy will do better so I'll make it up that way. But I will probably end up paying more money. I believe in the end, I might do better because I really believe the economy is going to go boom, beautiful.


BREAM: All right. Guy, what do you make of that? Because you're staking a lot of the success of this plan on the fact that you believe the economy is going to grow.

GUY BENSON, FOX NEWS CONTRIBUTOR: Yes. Well, I'm not sure I'm a big fan of the demagoguing of the rich that he's still doing, because that's the type of rhetoric we've grown accustomed to from President Obama and Elizabeth Warren and Paul Krugman and others. But I've been a pretty unremitting critic of Donald trump for a while now and I think often he deserves those criticisms. But look, I also call them the way I see them, and there is a lot to like in this plan from Donald Trump and his tax plan.  I think it will inspire economic growth. And so the question is, is he a trustworthy and credible conservative partner when it comes to a conservative governing project moving forward? That's the sale that he is yet to make with a lot of people on the right.

BREAM: Now, Roger, he has said as part of his plan that it does not add to our debt and deficit, which are already too large. I think everybody can agree on that latter half of that statement. But "The New York Times" looking at it and says, actually in their estimation, it would grow budget deficits by trillions over a decade.

STONE: Yes, they're wrong. First of all, Trump doesn't put all of his eggs in the tax reduction basket. It's very pro-growth. But Trump is the only one who would have the freedom from special interests to really cut spending. No career politician will every really cut spending. Having worked with Trump for 36 years, I can tell you, he's very cost conscious.  There's fat in the federal government, there's fat in the federal budget, so Trump would not only reduce spending but he would also have a pro- growth, pro-job creation tax program. This is his strength. He's a businessman. He's a job creator. He's paid more taxes than all these other presidential candidates combined. I really think this is the spark that his campaign needs now to go forward, just as he laid out a path on immigration, he's now laying out a path for economic growth and job creation.

BREAM: All right. Guy, super quick. He says some folks are going to lose deductions and loopholes. You know, when you tell them which ones, you know, it's going to be and it's theirs, that doesn't always sit well.

BENSON: Well, look, he's a bit of a Donnie come lately to fiscal conservatism. So, I think we have to wait and see how he would pay for some of these talk about balancing budgets, I'm not sure how we accomplish that with his tax plan and then what we heard from Carl earlier, that health care plan, which is ObamaCare on steroids, a bigger more expensive universal plan paid for by the government he said on "60 Minutes" last night. I don't know how you reconcile these two initiatives that he's rolled out in the last 24 hours.

BREAM: Right. A lot of love on the right --

STONE: The answer is simple, growth.

BREAM: We're going to live it there. And obviously we're out of time.  But a lot of love on the right for this tax plan. And we'll keep digging into it. Roger and guy, great to see you both.

All right. Planned Parenthood supporters show up to a Carly Fiorina campaign rally. But instead of ignoring them, she decides to engage them.  The video and a fair and balanced debate on the facts coming up.

Plus, Senator Marco Rubio and Donald Trump taking their war of words to brand new heights after Senator Rubio calls Trump's campaign a freak show.  Marc Thiessen on the strategy behind the new attacks and how he sees this plan out in the long run. Stick around.


TRUMP: I mean, you know, like you have this clown Marco Rubio. I've been so nice to him.

SEN. MARCO RUBIO, R-FLA., PRESIDENTIAL CANDIDATE: Look, I'm not interested in a back and forth to be a member or part of his freak show.



BREAM: Breaking tonight, the war of words between Senator Marco Rubio and Donald Trump reaching new heights today. The latest round of attacks came after Senator Rubio was asked to weigh in on this moment from Trump's appearance Friday at the Values Voter Summit.


TRUMP: I mean, you know, like you have this clown Marco Rubio. I've been so nice to him. I've been so nice, I've been so nice.



BREAM: There were some debates about who was getting booed there. Senator Rubio was asked to respond today and in turn called Trump's campaign a freak show.


RUBIO: Look, I'm not interested in a back and forth to be a member, a part of this freak show. Just say this, he is a very sensitive person, he doesn't like to be criticized, he response to criticism very poorly, but this election is not going to be about Donald Trump. He thinks it is. But it's not about him. It has to be about the issues confronting our country and my sense of it is, that every time the issues become prominent, he will say something outrageous or do something outrageous so that he doesn't have to talk about the issues.


BREAM: Marc Thiessen is a FOX News contributor and former chief speechwriter for President George W. Bush. Good to see you tonight.  


BREAM: All right. So this slinging of hash has gone back and forth for days now, clowns and freak shows, not serious, lightweight. I mean, the back and forth, who does it benefit and who does it hurt?

THIESSEN: Well, it definitely benefits Marco Rubio. I mean, first of all, this is the second time in a few weeks that Donald Trump's personal attacks have hurt him. I mean, first, his attack on Carly Fiorina, criticizing her looks backfired. And now he just got booed at a conservative summit for calling Marco Rubio a clown. But that's consistent for Trump. What's changed is Marco Rubio's strategy. Before Rubio was keeping his head down, wasn't engaging in Trump, now he's started to taunt him. I mean, the last couple of days, he said, Rubio, Trump had a tough week, spoke to an empty room in South Carolina, had a bad debate, was embarrassed by Fiorina, he's not well informed on the issues and a touchy and insecure guy. He's goading Donald Trump into attacking him. It's a deliberate strategy and quite frankly it's working in Rubio's favor.

BREAM: Well, and here's what Trump says though. I mean, he will go through the list of people, name by name, he talks about Rick Perry and Scott Walker and he says, look what happens to people when they come after me, they plummet in the polls, they dropped out. It doesn't seem like the same thing is playing out with this Rubio feud.

THIESSEN: It's not. And for a couple of reasons. Number one, Rubio has realized, Rubio has goading him for a reason. Number one, he knows that the Trump act is getting a little bit old. That, you know, it's just like when Chris Christie first told someone to sit down and shut up at a town hall meeting, everybody cheered. And after the 50th time, it became kind of boorish. Well, that's what is happening with Trump now. It's just becoming too much and it's masking a lack of substance on his part. And you know, the funny thing is, that what Rubio did today, was so Donald Trump has a problem with substance. He doesn't seem to be master full of substance and he did very poorly in the debate.

So, he launches his big tax reform plan today and Marco Rubio succeed in getting him to step on his story by calling him a lightweight. So that, you know, he's succeeding. And then second, he's going after Bushes, you know, the poll shows that Bush has about seven percent of the vote right now. Marco Rubio wants that seven percent. And Marco Rubio wants Jeb Bush's donors and he's trying to show that he can punch back the way Jeb Bush couldn't punch back and so that's going to help him as well.

BREAM: All right. Let's look at these latest NBC News Wall Street Journal poll showing just how tight things are at the top. Now showing Donald Trump just one percentage point ahead of Ben Carson. So, basically in a statistical heat and then a third place tie for Marco Rubio and Carley Fiorina and as you've said Jeb Bush a little further down there. What do you make of those numbers?

THIESSEN: Debates matter. Before the CNN debate, Donald Trump was consistently in the mid to low 30s. And right now, in that poll, he's at 21 percent. In other polls he's at 23, 25 percent. He's dropped significantly since the debate, he's still in first place. I'm sure every other republican candidate would love to have his poll numbers, but he's leveled off. While other candidates who did well in the debate like Fiorina and Rubio and Carson to some extent have increased. So debates matter. And the interesting thing is that, you know, the Republican Party limited the number of debates, because they were planning to protect the establishment front-runner. We only have about four left between now and the first voting. And they're not protecting Donald Trump.

BREAM: Well, and not a lot of this primary season has played out like anyone would have expected on the GOP side for sure. Marc Thiessen, always great to see you. Thank you so much.

THIESSEN: Thanks, Shannon.

BREAM: All right. New questions tonight over whether Hillary Clinton has just perjured herself after new bash of emails surface on Friday. James Rosen and Judge Napolitano investigate.

Plus, campaign trail fireworks after a Planned Parenthood supporter confronts Carly Fiorina at a rally. See what happens when Fiorina goes face-to-face with her.


PROTESTER: How do you as a woman not support our health care?

CARLY FIORINA, R-PRESIDENTIAL CANDIDATE: Oh, I support your healthcare.  I don't support butchering of babies and you should to go look at those videos.




BREAM: Breaking tonight. Pro Planned Parenthood activists show up at a Carly Fiorina campaign rally, eager to take on the GOP presidential candidate. But they may not have expected her reaction.

Trace Gallagher has the details. Hi, Trace.

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Many of the two dozen or so Planned Parenthood supporters were dressed in pink, waving pompoms as they followed Carly Fiorina around the tailgate party at the Iowa Hawkeyes game.  The protesters shouted, chanted, even threw condoms. And at one point, a 54-year-old woman named Cindy Shireman, a patient of Planned Parenthood for 40 years, pushed her way through the crowd to directly confront Carly Fiorina. It's hard to hear, so listen and read along.




GALLAGHER: Fiorina has been getting pushback for her claim during the last GOP debate that an undercover Planned Parenthood video shows a fully formed fetus being kept alive to harvest its brain. Despite there being no evidence, the video she described was shot inside a Planned Parenthood clinic, Fiorina defended her remarks on Meet he Press, watch.


CARLY FIORINA, PRESIDENTIAL CANDIDATE: That scene absolutely does exist, and that voice saying what I said they were saying, we're going to keep it alive to harvest its brain, exists as well.


GALLAGHER: We should show that Fiorina also had plenty of supporters turn out to the Iowa Hawkeye's tailgate party and her campaign says the fact that protesters showed up is a sign that Carly Fiorina is gaining serious traction, Shannon.

BREAM: All right. Trace, thanks so much.

Joining us now to discuss, Nomiki Konst, Founder and Executive Director of the Accountability Project and Lisa Boothe, Republican Pollster and Vice President of WPA Research, good to see you both. We are all women so we will discuss this. The minute that cracked me up is when the woman kept saying to Carly Fiorina, how could you prove that you support us? You're not supporting women, she's like, I am a woman. There's definitely a little friction between those two. Lisa, what do you make of this attack?  Does it show that Carly is, you know, appears to be a threat to the left?

LISA BOOTHE, WPA RESEARCH VICE PRESIDENT: Well, that's absolutely what we're seeing here. When Democrats resort to demagoguery and physical and personal attacks, you know you're winning. What Carly Fiorina does is points out that this isn't about woman's health care for Democrats. For Democrats, this is about protecting a liberal institution that's the nation's largest abortion provider in the country of aborting babies every 90 seconds. And that maxes out to Democrats like Hillary Clinton. Because if Democrats cared about women's health care, they would want to reallocate the $500 million that taxpayers spend per year funding Planned Parenthood and reallocate those resources to the 13,450 community held centers that provide more comprehensive care that Planned Parenthood just simply doesn't provide. For each Planned Parenthood, there are 20 of these comprehensive community health centers in the country.

BREAM: Well, Nomiki, you know, so far Planned Parenthood is winning this fight. They've stopped any progress on Capitol Hill. Do they feel threatened if the Republicans are successful in winning back the white house that would be the first real threat to them, because otherwise, nothing is moving on Capitol Hill that is going to be any threat to them where they're funding.

NOMIKI KONST, THE ACCOUNTABILITY PROJECT FOUNDER: I think any legitimate Republican in this race knows that a fight against Planned Parenthood, shutting down the government is not going to work in any Republican candidate's favor. Carly Fiorina is reinventing facts. She has been fact- checked by everybody from the Politico to the Washington Post to Chris Wallace, has fact checked her claims which are completely fabricated.


BREAM: Whoa, whoa. We can't say completely fabricated. She had some problems in the retelling of the story. I've seen the video.

KONST: I have watched all of the footage.


BREAM: Wait, wait, Lisa. Why would the footage be Planned Parenthood's footage, Nomiki?

KONST: It's not.


BREAM: This is an undercover investigation.

KONST: In her campaign video, she claimed it was Planned Parenthood undercover footage that this organization has created, they're saying this is a Planned Parenthood investigation. Well, if you're going to de-fund Planned Parenthood, then where is that footage?

BOOTHE: Democrats can't defend Planned Parenthood. We're talking about 17 hours of footage that are documenting the harvesting and selling of baby body parts. Hold on...


BREAM: Nobody can hear you if you are both talking. Much of the raw video of this video has been released online. The people who shot this video said they've provided all of it to law enforcement, so the raw video exists.


BOOTHE: Here's the problem too, Democrats have a hard time defending Planned Parenthood. We're talking about an organization that is so sufficient financially, that has $1 billion in net access, they netted over $90 million in 2014, doesn't need taxpayer money, and it's hard to defend an organization that's currently facing a federal investigations throughout the country.


BREAM: Give Nomiki a chance here.

KONST: One out of every five women goes to Planned Parenthood, 97 percent of the services that Planned Parenthood provide are mammograms...


BREAM: We have to be factual here. They do not and they will admit that and that is a fact. They do not provide mammograms. They don't have the machines.

KONST: They provide cancer screening and cancer testing.

BOOTHE: So do community health centers.

KONST: BREAM: But those are independently funded and many of them are private. So what about people who can't afford healthcare?

BOOTHE: These are federally approved...


BOOTHE: Make the argument to me why taxpayers at $500 million per year annually should support an organization that financially is self- sufficient, facing federal and state investigations.


BREAM: Nomiki, final word to you.

KONST: Final word is seven states have proven that these videos are false, all of the work that Planned Parenthood does, none of the abortion work is federally funded. It's against the law.


BREAM: These statements were made on video. The people do not attest that they did not make the statement.

KONST: But some of them were not Planned Parenthood affiliates.

BREAM: Right.

BOOTHE: You can't defend Planned Parenthood and you haven't been able to tonight.

BREAM: We have got to leave it there. I would hope that everybody watches the video, including the raw video online and make their own judgments about that. Thank you both for the debate.

All right, after Hillary Clinton's appearance on Meet the Press, something interesting happened online. Her supporters started tweeting the same talking points and now some are questioning whether the coordinated messages are potentially illegal. James Rosen is on it and Judge Napolitano. They're here next.


BREAM: Breaking tonight, Hillary Clinton may be in hot water with the Federal Election Commission campaign after her campaign and a pro-Clinton super pack tweeted out identical messages. Following Mrs. Clinton's appearance on Meet the Press yesterday, raising questions if the campaign and the super pack are directly coordinating their messaging which is currently banned by the FEC. James Rosen is in Washington on the story, James?

JAMES ROSEN: Shannon, good evening. Brad Woodhouse, Head of the pro- Clinton super pack tells me in an email tonight we are allowed to coordinate. There is no issue here. This follows yesterday morning's tweet by a Karen Finney, a Senior Adviser to the Clinton campaign in which Finney wrote questions on Hillary Clinton's emails on this mornings Meet the Press, asked and answered, time to move on, 19 minutes later, Woodhouse tweeted an identical message down to the last character. Correct the Record claims federal regulations against coordination between campaigns and super packs do not cover activity when no money changes hands. This Woodhouse told me is campaign 101. Mrs. Clinton took part in a Facebook Q&A today and released a video touting her proposals to curb the cost of prescription drugs.

On Sunday, Clinton told NBC News it was her lawyers who reviewed the 63,000 emails she amassed on her private server and who deleted on her word the 30,000 deemed personal. The former first lady also used language reminiscent of the '90s, when she famously decried a vast right wing conspiracy aimed at her husband.


UNIDENTIFIED MALE: Can you respond to an alternative explanation that has sort of...

HILLARY CLINTON: Another conspiracy theory?

UNIDENTIFIED MALE: Well, perhaps the reason you wanted to have a private server and not a government server is that Republicans have been coming at you for years. You might have -- may have been running for President in the future and you wanted to make it a little more difficult for congressional investigators to subpoena your government email and a little more difficult for Freedom of Information Act requests. Is that a fair theory or no?

CLINTON: It's totally ridiculous. That never crossed my mind.


ROSEN: The latest Fox News poll finds Clinton's favorability rating among registered voters falling to 38 percent, with half of women voters rating her negatively, Shannon?

BREAM: All right, thank you, James.

Also breaking tonight, there are new questions about whether or not Hillary Clinton perjured herself. After new batch of mails surfaced Friday, revealing a new email chain between the former secretary of state and General David Petraeus in 2009. Emails that Clinton told authorities she already handed over. Joining me now, Fox News Senior Judicial Analyst Judge Andrew Napolitano, Judge, always good to see you.


BREAM: All right, how much trouble do you think she is in based on what she has attested to up to this point?

NAPOLITANO: You know I've been arguing for a while, Shannon, that Mrs. Clinton's legal problems are grave or worse than grave. And her troubles just keep cascading down upon her. Her most recent troubles show that when she certified under oath "under penalty of perjury to a federal judge," that she had surrendered all of her emails to the State Department, and in fact, she had not. Now, she's going to argue, because she stated this yesterday on one of the Sunday morning talk shows that she's not a technical person, and she didn't pay attention to emails and she doesn't understand exactly how the entire email system works. I'm afraid that is not an argument that the judge wants to hear and will essentially fall on deaf ears.

Because he asked her to certify "under penalty of perjury" his phrase that she had in fact surrendered all the emails when we now know that she hadn't. So compounding her problems of using her own server, seizing government property, destroying government property, failure to safeguard national security secrets, compounding all of that is the likelihood, the probability that she lied under oath to this federal judge.

BREAM: And Judge, you have been using the F word with relation to this case, meaning felony. Do you really think she's going to get charged with a felony?

NAPOLITANO: Well, I think that the FBI will recommend to the Justice Department that she be indicted. What happens there are as much politics as it is -- I'll tell you a couple of things that we know of, we know that the FBI team that's investigating her is extremely sophisticated in matters of the use of the internet, we know that this FBI team really doesn't care what a potential defendant's last name is, because this is the same team that indicted, prosecuted and convicted a guy named Petraeus, as in General David Petraeus. And we know that the Assistant U.S. Attorney, who is the head of this team, is the same Assistant U.S. Attorney that headed the investigation and successful prosecution of General Petraeus.

So I suggest to you, Shannon, and to those watching us now, if this team recommends indictment and the west wing says no, there will be substantial resignations from the FBI or some type of repercussion, which will address the justice of what's being done as opposed to the politics of what's being done.

BREAM: Judge, I know you also think that we should keep a close eye on Cheryl Mills, a long time aide and Clinton confidant because it's possible she herself -- finds herself in some legal trouble and could put some heat -- against the former first lady, and Secretary of State, all right Judge, always good to see you, thanks for joining us.

NAPOLITANO: Thank you, Shannon.

BREAM: All right, Hillary Clinton is also facing new trouble in the polls as Bernie Sanders gains ground on the Democratic front runner. According to a new NBC News/Wall Street Journal poll, Sanders is now within seven percentage points of Clinton. Substantially narrowing the 34-point lead Clinton had only two months ago. Joining us now Mark Hannah who serves as a Campaign Aide during the Obama and Presidential campaigns. So my first question is, if you were working on this campaign, what would be your advice?

MARK HANNAH: I would advise the Clinton folks to get out what Nate Silver has called this sort of poll defeating, poll deflating feedback season.  She went for two months where there were no news stories about her other than the emails and will Joe Biden run. So this is sort of in the public eye right now. The momentum is not on her side. But they always said she's not an inevitable nominee.

BREAM: Well, how does she regain the narrative? We talk about two or three or five months back, she had a 60-point lead about anybody else trying to get in.

HANNAH: Go back two years. She had a favorability rating among all Americans, way above 60 percent.

BREAM: One of the most favored politicians in the whole country.

HANNAH: More than her sitting President, more than Joe Biden.

BREAM: What happened?

HANNAH: Her poll numbers had nowhere to go but down.

BREAM: Going down by the 10s.

HANNAH: She gets into the cycle of negative news stories. I've talked to the Hillary Clinton people, they're not too worried about this. People -- Republicans have done decades of opposition research on this woman, and if all they can come up with are tweets and emails and servers...

BREAM: Wait, wait, potential violations of federal law, potential felonies. That's not tweets and emails.

HANNAH: This has been investigated by the State Department, the CIA, and the Department of Justice. They've conclusively found that she's sent or received absolutely zero emails that were marked classified.

BREAM: But may have contained classified information.

HANNAH: But the status changes from time to time, absolutely, is she in a good position having to explain herself all the time? It's not a position I would want to be in as a candidate. But I think she showed on Meet the Press that she has some serenity. She's saying there are things about this I can't control. She can't control that the Koch brothers are funding special interest groups.

BREAM: The Koch brothers did not buy her a personal server and set it up.

HANNAH: No they didn't, and nobody did actually. It was set up already, because it was Bill Clinton's personal server.


BREAM: Was it Bill's fault? He's not running.

HANNAH: Let's blame Bill.

BREAM: Unfortunately we're out of time.

HANNAH: The best defense is a good offense. Right now she doesn't have an opponent. It's not like she can attack Rubio or Donald Trump right now, because there's no nominees apparent. Once she has that I think she's going to get control of the message again.

BREAM: Well, we are inside of it and we talk about it and slice and dice it every single day, but still more than a year to go.

HANNAH: It'll be fun, right?

BREAM: It will. We'll see you.

HANNAH: Thanks, Shannon.

BREAM: Thanks for coming in.

All right, next, outgoing Speaker of the House John Boehner making headlines tonight for blasting lawmakers in his own party, calling them absolutely unrealistic, my next guest, a man who wants to replace Boehner weighs in next on what it means for the future of the GOP.


BREAM: John Boehner may have announced his resignation last Friday as Speaker of the House, but he's certainly not easing up in his assessment of his colleagues, recently lashing out at some of the most conservative house members saying they should be getting something accomplished. Take a listen.


UNIDENTIFIED MALE: Are they unrealistic about what can be done in government?

UNIDENTIFIED MALE: Absolutely they're unrealistic. But the bible says beware of false prophets. And there are people out there spreading noise about how much can get done. We got groups here in town, members of the house and the senate here in town, who whip people into a frenzy believing they can accomplish things that they know, they know are never going to happen.


BREAM: Florida Congressman Dan Webster has thrown his hat into the ring to become the next Speaker of the House, he joins us now live. Congressman, what do you make of those comments? And would you be -- in pursuing this speaker-ship, promising people things that you can't deliver?

DAN WEBSTER, RUNNING FOR HOUSE SPEAKER: No, what I'm promising is a principle-based, member-driven congress. I believe that's the most important thing. Power and principle cannot coexist. So what I would like to see is a congress not governed by the top-down in this big pyramid of power, but see it governed on principle so every member has an opportunity to participate.

BREAM: Well, and last time around, you know, you got several votes and it was a little bit surprising for those of us who were watching. We didn't know if it was a plan or something that happened in the spur of the moment.  But clearly there are some of your colleagues who were willing to you know stick their necks out and say, this is our guy. Are you going to be able to build the numbers you need to challenge the majority leader McCarthy who says he's in, too?

WEBSTER: Well, I think the real key here -- I didn't cause the problem. I only exposed one. The exposing of a problem is similar to what I did in Florida when I became the first speaker there to operate a principle-based process as opposed to power base. Because when you have principles, it doesn't really matter what the idea -- who sponsors the idea. What matters is what it says. And I think that's the key. When you do that, you take up the most important issues first. I think the real problem here is every time, time and again, we run up against a deadline and then the only decision is a bad one.

BREAM: Well, for instance, a continuing resolution and funding the government, is there going to be a point when it goes back to regular budgeting, working through things versus, you know, the edge of the cliff votes that you referenced?

WEBSTER: I think one of the key things is to take up the most important things first. That's it. And I know in Florida when I did that, the session before I became speaker, the first bill we took up was the naming of the state pie. That's the problem. That's what we do here. And what we need to do is focus on the appropriations, do it first, get it done by, let's say, March 1st, and then move on. And that way you're not going to be pushed against a deadline that says the only thing possible is a C.R.

BREAM: All right, well, Congressman, we all love a good pie, but we'd all agree there are much more pressing issues going on, on the hill. We'll watch this race. It should be very interesting as it plays out. And we wish you the best in your efforts.

WEBSTER: Thanks, Shannon.

BREAM: We'll be right back on the Kelly File.


BREAM: Go to Tell us what you thought about tonight's show. By the way, from the looks of my twitter feed, you're all very fired up about very heated Planned Parenthood debate we had. Thanks for watching. I'm Shannon Bream. This is "The Kelly File." Tomorrow night, Dr. Ben Carson will be here with Megyn.

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