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Kelly File

FBI reportedly upset with Obama over Clinton server scandal; Krauthammer calls POTUS' remarks on Israel 'shameful'

This is a rush transcript from "The Kelly File," October 16, 2015. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST, "THE KELLY FILE":  Breaking tonight, the Clinton e- mail scandal expands to the White House.  As FBI agents investigating Hillary Clinton accuse President Obama of sabotaging their case.  

Welcome to "The Kelly File," everyone, I'm Megyn Kelly.  

Investigators looking into Clinton servers have yet to reach any conclusions on her potential wrong doing.  But a "New York Times" article out today suggests President Obama's recent comments on the matter are directly colliding with their ongoing investigation.  And the agents conducting that investigation are downright angry.  The White House insists the President is not trying to steer this investigation toward any conclusion.  But in an interview with "60 Minutes" this past Sunday, the President not only suggested this is all about politics, but while the FBI is still investigating the matter, he announced that Hillary's actions were not a National Security issue.  

(BEGIN VIDEO CLIP)

PRES. BARACK OBAMA, D-UNITED STATES:  I don't think it posts a national security problem.  I think that it was a mistake that she's acknowledged.  I do think that the way it's been ginned up is, in part, because of politics.  I can tell you that this is not a situation in which America's national security was endangered.  We don't get an impression that here there was purposely efforts to hide something or to squirrel away information.  

(END VIDEO CLIP)

KELLY:  Chief Washington correspondent James Rosen has more.  James?  

JAMES ROSEN, FOX NEWS CHIEF WASHINGTON CORRESPONDENT:  Megyn, good evening.  President's Obama's comments in "60 Minutes" about the Hillary Clinton e-mail scandal in which he stated flatly, this is not a situation in which America's National Security was endangered absolutely infuriated investigators at the FBI and set a pattern.  That's the thrust.  So, this morning's blockbuster story in the "New York Times," its broad outlines confirmed by Fox News reporting that FBI officials feel Mr. Obama has quote, "Already decided the answers to the very questions they are looking into."  And that he prematurely cleared anyone involved of wrong doing.  
The fewer led reporters to ask White House Press Secretary Josh Earnest if his boss wasn't trying to, quote, "steer" the FBI in a particular direction.  

(BEGIN VIDEO CLIP)

JOSH EARNEST, WHITE HOUSE PRESS SECRETARY:  Of course not, the President certainly respects that independence and integrity of independent investigations including those that are conducted by the FBI.    

(END VIDEO CLIP)

ROSEN:  Some FBI officials have said to be drawing parallels with the case of former CIA Director David Petraeus who pleaded guilty to a misdemeanor earlier this year amid charges he improperly gave classified secret to his biographer and lover Paula Broadwell.  In 2012, President Obama said, he'd seen no evidence that the Petraeus' actions has had a negative impact on our national security.  Early in his first term, President Obama publicly accused the police in Cambridge, Massachusetts of having, quote, "acted stupidly."  

When they arrested Harvard Professor Henry Louis Gates.  And then in 2012, one month before George Zimmerman was indicted in the shooting death of Trayvon Martin, the President remarked that if he had had a son, he would have looked like Martin.  Zimmerman was ultimately acquitted in that case.  At other times, President Obama has exercised the proper restraint.  

(BEGIN VIDEO CLIP)

OBAMA:  From the particular circumstance in Ferguson, which I am careful not to speak to because it's not my job as president to comment on ongoing investigations in specific cases.  

(END VIDEO CLIP)

ROSEN:  As for Mrs. Clinton and her e-mail server, my FOX News colleague Catherine Herridge is reporting tonight that FBI investigators are focused on whether the former secretary of state was, quote, "grossly negligent" in her handling of classified data -- Megyn.  

KELLY:  James, thank you.  

Joining me now, James Kallstrom, he is the former FBI assistant director in charge and a former senior counterterrorism advisor to the New York governor.  

Jim, thank you for being back on the program.  So, you know a lot of the agents involved in this investigation.  How angry must they be tonight?

JAMES KALLSTROM, FORMER FBI ASSISTANT DIRECTOR IN CHARGE:  Well, I know some of the agents, Megyn.  I know some of the supervisors and I know the senior staff.  And they're peod, I mean, no question.  This is like someone driving a nail, you know, another nail into the coffin of the criminal justice system and what the public thinks about it.  You know, that's the real hurtful part.  You know, the public sees this and, you know, people shouldn't wonder why the government, in general, is held in such low esteem.  

KELLY:  They're going in there.  They're seizing for computer servers from the State Department just last week.  They're doing their jobs.  They're trying to figure out whether National Security was compromised and yet, you've got the commander-in-chief out there declaring this over, for all intents and purposes, in that "60 Minutes" interview.  

KALLSTROM:  Yes.  I mean, it's over the top.  I mean, first off, all this will do is make them more committed, not that they need being more committed.  Because they're going to do the right thing.  I know these guys.  I spent 28 years there myself.  So, I know how it works.  And they're going to find the truth or they're going to say there is no evidence here.  They're going to tell the truth about what happens.  And we have to be big boys and we have to stand-up and say what that truth is and deal with it, you know, the way our criminal justice system demands.  I know Jim Comey really well.  

KELLY:  He's a director.

KALLSTROM:  He's a great guy.  I worked for Governor Pataki when we backgrounded him to be the U.S. attorney in New York, as a good friend, he has a good backbone that he'll do the right thing.  He has a 10 year term and he doesn't serve necessarily at the pleasure.  

KELLY:  Uh-hm.  But the FBI doesn't get to make the final call.  They have to present their findings to the Department of Justice and might there be fear now that this is all going to be for not because the fix is in.

KALLSTROM:  Well, I'll tell you.  I don't think they'd get away with that if there's a case.  You know, and it sure looks to me.  I mean, I have not talked anybody in the FBI, on purpose, I haven't ask them any questions.  But I mean, just the news reports, there's prima facie cases of numerous leaking statutes in my view.  So, you know, it's just a matter of how they'll compress all of these things into either a bill or no bill.  But, you know, they're only probably halfway through this investigation and it's going places.  You know, the State Department, most of the communications of the State Department are classified.  You know, if something would be confidential, most of them probably would be confidential.  But it's all things dealing with how this country deals with foreign government.  

KELLY:  Uh-hm.

KALLSTROM:  You know, that's not something that we want to blow to the wind.  

KELLY:  Jim, how serious --  

KALLSTROM:  So, I mean, what she says is just crazy.  

KELLY:  How serious do you think the transgression was by President Obama?  You know, he says he doesn't comment on ongoing cases and, yet, something as extraordinary as a possible former secretary of state getting indicted, he chooses to weigh in on.  

KALLSTROM:  No, I think it's a big transgression.  I mean, I would have, you know, am I surprised?  I guess I'm not surprised, but I'm disappointed.  

KELLY:  Wow!  We will continue to follow that --  

KALLSTROM:  But I'll tell you I don't think it will impact, Megyn.  You know, they're not going to do that.  I mean, I was, when we were investigating (INAUDIBLE) and I had two or three meetings with Bill Clinton in the White House, you know, and the next thing I know people are on the internet saying that, you know, Clinton has told me to find a certain thing.  I mean, that was just total nonsense.  

KELLY:  Uh-hm.

KALLSTROM:  I mean, that would never happen.  

KELLY:  Uh-hm.

KALLSTROM:  I can't imagine that ever happening in the FBI.  

KELLY:  These guys are straight shooters.  We will find out eventually what they conclude.  

James, great to see you.

KALLSTROM:  Yes, and if it's a big case and it's pushed under the rug, they won't take that sitting down.  

KELLY:  That's going to get leaked.  All the best, sir.  

We are also getting dramatic new pictures tonight from the stabbing of an Israeli soldier by a terrorist pretending to be a reporter.  This is the terrorist in the white, I mean, the yellow and white striped jacket up there wielding a knife.  And when the President walked out to address the Israeli crisis, Charles Krauthammer says what Mr. Obama did was shameful.  He's up next to explain why.  

Plus, Jeb Bush fires back after Donald Trump attacks his brother again, suggesting the former president is somehow responsible for the September 11th attacks.  And then, the punishment has been handed down for the coach who allegedly told his football players to make a ref pay for a call out on the field.  

Brian Kilmeade has the news and the ref is finally talking.  

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE:  So, I'm able to get out and my main reaction was, you know, get out of the way, run, get as far away from the situation as you can.  

(END VIDEO CLIP)

(COMMERCIAL BREAK)

KELLY:  Breaking tonight.  Graphic new video of violent protests and terror attacks coming out of Israel.  As President Obama publicly addressed the chaos there for the first time.  Calling on both sides to take responsibility for the bloodshed.  Today, the terror group, Hamas declared a day of rage urging Palestinians in the West Bank and Jerusalem to attack Israelis.  Back in Washington, President Obama called on both sides to do more to stop the violence.  

Joining us in a moment, Charles Krauthammer on the President's message.  But first, new details tonight on one of the most shocking attacks so far.  As a Palestinian man seen here squatting and wearing a reflective yellow and white vest manages to approach a group of Israeli soldiers and starts stabbing one of them by posing as a journalist.  

Trace Gallagher has more from our West Coast Newsroom.  Trace?

TRACE GALLAGHER, FOX NEWS CORRESPONDENT:  Megyn, this latest attack is a new and grave concern for Israeli defense forces because they work so closely with the media.  The attacker disguised as a Palestinian photojournalist wearing a yellow press vest had reportedly infiltrated a Hamas television crew.  Hamas based in Gaza have been deemed a terrorist organization by the U.S.  The phony journalist stabbed an Israeli soldier in the back and arms before being shot and killed by other IDF soldiers.  
The foreign press association is now calling on all Palestinian media organizations to verify who gets press credentials.  

The attack happened near the West Bank which, along with Jerusalem, has seen a recent rash of attacks, mostly stabbings.  And while the UN Security Council met to discuss how to lower detention, Israel's new UN ambassador talked about how Palestinian leaders have built an incubator for terror using television and social media to radicalize their young people, even offering biological tutorials.  Watch.  

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE:  This picture you see here is an example of the kind of text that Palestinian children are being exposed to day in and day out.  In schools, after school.  The picture gives children elaborating instructions on how to stab a Jew.  

(END VIDEO CLIP)

GALLAGHER:  Overnight, a group of Palestinians also set fire to the tomb of Joseph, a site revered by Jews and Christians.  Palestinian authority President Mahmoud Abbas condemned that attack but Israel says, Abbas has done nothing to quell the overall violence.  Palestinians accuse Israel of trying to divide the al-Aqsa Mosque, one of Islam's holiest sites-- Megyn.  

KELLY:  Trace, thank you.  

As we mentioned, President Obama spoke to the situation in Israel from the White House earlier today.  Listen.  

(BEGIN VIDEO CLIP)

OBAMA:  We condemn in the strongest possible terms.  Violence directed against innocent people and believe that Israel has a right to maintain basic law and order and protect its citizens from knife attacks.  And violence on the streets.  We also believe that it's important for both Prime Minister Netanyahu and Israeli elected officials and President Abbas and other people in positions of power to try to tamp down rhetoric that may feed violence.  

(END VIDEO CLIP)

KELLY:  Charles Krauthammer is a Fox News contributor and author of the book, "Things that Matter."  Charles, good to see you tonight.  

So, what do you make of President Obama's response?  You heard it in full ending with trying to tamp down rhetoric both sides -- that may feed the violence or anger.  

CHARLES KRAUTHAMMER, FOX NEWS CONTRIBUTOR:  I think the President's statement is shameful and it follows on shameful statements by his secretary of state.  It is the moral equivalence to the idea that somehow the Israelis leadership that Netanyahu is using inflammatory rhetoric.  We all know how and why they started.  This was Hamas, this was also Palestinian authority.  They spread the rumor, they spread the liable, they spread the lie that as we heard, the Israeli, they're trying to divide the al-Aqsa Mosque, they're trying to desecrate it, they're trying to destroy it.  They're trying to change status quo.  And that is not true whatsoever.  

KELLY:  Uh-hm.

KRAUTHAMMER:  It's been amplified, it has not been tamped out at all by the Palestinian authority, which it should be.  And they have encouraged the violence.  And then, there was also a statement by the State Department spokesman, I think it was yesterday, saying that they condemn the excessive force being used.  And there are reports of excessive force.  What would we do if there were people running around streets of New York, stabbing people on busses?  We would be using whatever force is necessary to stop them.  You've seen some of the video where people are shot literally while holding the knife with the blood visible of the knife.  

KELLY:  Uh-hm.

KRAUTHAMMER:  The idea that there's some equivalence here I think is disgraceful.  Israel is an ally.  Israel is a democracy.  It has no interest in ginning up any kind of this violence.  We know who's doing it.  
Why can't the President simply say these are acts of terror and we condemn them?  They're based on a lie and we call out the Palestinian leadership to say that it is a lie and to stop the violence.  

KELLY:  They won't.  

KRAUTHAMMER:  It's not hard to say.  He could have done it, he did.  

KELLY:  You mentioned the State Department spokesman Kirby who actually came out and said, yesterday, individuals on both sides of this are -- have been proven capable of and, in our view, guilty of acts of terror.  So, he is clearly drawing the equivalence between both sides saying, they're both engaging in terrorism.  

KRAUTHAMMER:  That in and of itself is a libel.  Yes, there have been terror attacks by Jews.  They are extremely infrequent.  When they happen, they are immediately condemned by everyone in the Israeli parliament from the Left to all the way to Right including the government.  The people are pursued, and apprehended and arrested.  What happens on the Palestinian side?  As we saw, they encourage, they teach their children how to stab a Jew.  They spread these stories about them to gin up the violence.  They make it an instrument of the state Hamas like it does openly.  Mahmoud Abbas in the -- do it a slightly in a slightly more sophisticated way.  They've been using terror for 30 years.  We know that.  And for a spokesman for the United States to imply that there's some equivalent in the use of terror, I think, is shocking.  

KELLY:  Why don't we say what you just said?  Why doesn't President Obama make it that clear?  And by the way, Ted Cruz is now calling on John Kerry to resign, to step down because of the comments he has made drawing an equivalence between both sides here.  

KRAUTHAMMER:  I'm not going to probe the psyche of the president, I will leave that to psychiatrists.  All I can say is, he's behavior has been the most unfriendly, unsympathetic to Israel of any president since the founding of the state in 1948.  

KELLY:  But everybody was point to the massive amounts of money that we give them.  

KRAUTHAMMER:  Every time we have an opportunity to demonstrate that, he does.  

KELLY:  Everyone points to the massive amounts of money we gave to Israel, the support of Iron Dome and so on, to counter that argument.  

KRAUTHAMMER:  Well, I mean, that's been -- the U.S. military, Israeli military has had a close relationship and support for 60 years.  If you were to stop that, that would be amazing.  That would be a stab in the back of Israel.  That would be a way to abandon it to its fate.  So, I wouldn't expect any president, no matter how unsympathetic to create a crisis of that sort.  And there would be a huge reaction in public opinion especially among Democrats.  Of course, and Republicans if he tried to cut off the aid to Israel.  So to say we support Iron Dome which incidentally is going to help the United States, Israel is the testing field.  

If the Israelis are the ones who test out the new technology, we will use that in our encounters with terrorists, in our encounters with other forces abroad.  So it isn't like if it's a gift, it's something that we're going to use.  Of course it's going to help Israel.  Every issue that counts from the Iranian bomb, while we're going at the U.S. is under Obama and gone against every segment of the Israeli political spectrum.  It isn't just the right wing or extremists --  

KELLY:  Right.

KRAUTHAMMER:  Obama pretends, they're all against this.  All the way to the moral equivalence that we heard today.  

KELLY:  Charles, thank you.  

KRAUTHAMMER:  My pleasure.

KELLY:  Well, NBC News is so far staying silent as critics accuse this reporter of a blatant display of bias on live TV.  Howie Kurtz is here next with the facts and his take.  

Plus, breaking news tonight on Lamar Odom as he wakes from his coma.  
We'll show you what the Kardashians are doing tonight including his ex-wife-- not ex-wife but soon-to-be Chloe.  And what it means for the brothel where Lamar collapse over the weekend.   

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE:  I just called and they said they were going to send somebody out.  But I just wanted to let them know that they need to hurry, please!  Because he's got blood coming out his nose, white stuff coming out his mouth.  They can't get him to wake up.

911 OPERATOR:  Okay.  Is he conscious?  

UNIDENTIFIED FEMALE:  No.  

(END VIDEO CLIP)

(COMMERCIAL BREAK)

KELLY:  Well, there are new questions tonight about what some media critics are calling a blatant display of bias in a live report by an NBC reporter in Israel.  The report came from Ayman Mohyeldin, he is no stranger to controversy.  This is the reporter who got in trouble for suggesting "American Sniper" Chris Kyle had, quote, "racist tendencies."  

This time, he was on-air describing how an Israeli police officer shot an unarmed Palestinian right in front of said reporter amidst a quite calm scene.  The only problem, that reporter's own camera crew filmed the dead man prior to being shot, wielding a knife in his hand.  And the anchor had to issue an on-the-spot correction.  Watch.  

(BEGIN VIDEO CLIP)

AYMAN MOHYELDIN, NBC NEWS REPORTER:  From where we were standing where his body was lying, both of his hands were open and both of his hands did not have a knife.  Now that was after police arrived to the body so it's very possible --

JOSE DIAZ-BALART, MSNBC HOST, "THE RUNDOWN WITH JOSE DIAZ-BALART":  Well, wait.  Ayman -- yes, Ayman --  

MOHYELDIN:  Yes.

DIAZ-BALART:  As a matter of fact, you know, and this is important because, you know, you're covering this story live and you're seeing it once and you're actually witnessing it, not knowing what you're seeing until you actually process it.  But in the video that we have, that you have, that is, as you say -- I mean, I don't think anybody else has this video -- we can clearly see the man in camouflage t-shirt and pants with what appears to be, at least in his right hand, a knife.  

(END VIDEO CLIP)

KELLY:  Uh-mm.  Howie Kurtz is the host of "MEDIA BUZZ" right here on FNC.  Howie, good to see you.  So, how problematic is this?

HOWIE KURTZ, FOX NEWS HOST, "MEDIA BUZZ":  The mistake that Ayman Mohyeldin made is not just embarrassing.  It's inexplicable.  And to have his own anchor Jose Diaz-Balart have to correct him, the knife was visible right there in the video which he had seen.  But the larger problem is that Mohyeldin went onto say there didn't seem to be an eminent danger from this Palestinian.  Excuse me?  Knives kill people.  Especially in the hands of terrorists.  And I have to agree with critics who say this looks like a case of anti-Israel buyers.  

KELLY:  But, in the moment, in his defense, in the moment, when you're there, sometimes things go so quickly, you don't see everything.  So he's reporting, you know, what he thought he saw.  He gets corrected by the anchor, you know, in the moment.  That's happened.  Where sometimes we in the studio have a better vantage point than those on scene.  

KURTZ:  I have less of a problem with him making that mistake or not having the right vantage point than I do with him saying the larger -- didn't seem to be in eminent danger.  The whole point here -- and this is the dilemma for the media, Megyn.  The whole point of these attacks by these Palestinian teenagers who are now deliberately coming with knives and instigating violence and attacking Israeli soldiers.  And we've seen previous waves of this in other forms, is that they are trying to draw a reaction.  And they are trying to get sympathetic media coverage so the headlines say Israeli soldiers kill two Palestinian kids.  The media have to avoid falling into the trap of -- Israel.  Now, both sides should be scrutinized.  And both sides always complain about violence.  It's tricky to cover violence in the Middle East.  But when you have one side instigating the attacks and the other sides retaliating, meaning Israeli soldiers have the right to defend themselves, I think the media coverage, to be fair, has to reflect that.  

KELLY:  Uh-hm.  And the problem is that Mohyeldin, he failed to tell the viewers for over an hour that the suspect was a Palestinian, that he was dressed in camouflage uniform, similar to the one that Israeli soldiers wore.  And he never referred to that attempted terrorist attack, you know, on the Israelis as anything other than a man being shot by Israeli officials.  So, you know, the viewers at home are left with the impression that the Israelis just gunned this guy down for no reason.  

KURTZ:  Exactly.  It's a one sided story.  And it's interesting that NBC hasn't addressed this at least so far.  

KELLY:  Do you think they will?  Will they have to?  Or will he have to send some sort of messaging out?

KURTZ:  I think NBC have to say something, a mistake of this magnitude, even if it was a mistake.  I think it has to address probably on news organization.  

KELLY:  Yes, if it's a good faith mistake, then you correct it and people will understand.  Howie, good to see you.  

KURTZ:  Thanks, Megyn.

KELLY:  Well, another media figure in the news tonight as Rosie O'Donnell gets hit with an ugly lawsuit from a former top staffer at "The View."  Ryan Kelly is here with the wild story behind this.  

Plus, Governor Jeb Bush pushing back tonight after Donald Trump seems to suggest that President George W. Bush was somehow responsible for the 9/11 attack on this country.  Charles Krauthammer is back with a fascinating theory about what he thinks is behind this.  

(BEGIN VIDEO CLIP)

DONALD TRUMP, R-PRESIDENTIAL CANDIDATE:  I think I have a bigger heart than all of them.  I think I'm much more competent than all of them.  When you talk about George Bush, and then say what you want, the World Trade Center came down during his time.  

(END VIDEO CLIP)

(COMMERCIAL BREAK)

KELLY:  Breaking tonight, Governor Jeb Bush is pushing back after Donald Trump seems to suggest in an interview that former President George W. Bush is somehow responsible for September 11th. Since the attacks on the World Trade Center happened on his watch. Here it is.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE:  In order to be the President of the United States you have to be a leader in so many ways. We haven't seen your soft hand. We've seen your offense. But George Bush had to stand in front of America after 9/11, Barack Obama did after Sandy Hook.

Help us understand who Donald Trump is as a man. I need to know that you will make us feel safe and you will make us feel proud.

OBAMA:  I think I have a bigger heart than all of them. I think I'm much more confident than all of them when you talk about George Bush and then say what you want, the World Trade Center came down during his time. If you look at some of the...

(CROSSTALK)

UNIDENTIFIED FEMALE:  Hold on. You can't blame George Bush with that.

TRUMP:  Well, he was President, OK? Whether don't blame him or don't blame him, but he was President. The World Trade Center came down during his reign.

(END VIDEO CLIP)

KELLY:  Back with us now Dr. Charles Krauthammer, Fox News contributor and syndicated columnist. Great to see you again.

So, Jeb Bush has come out and called that pathetic saying we were attack and my brother kept us safe. And the former Bush White House Press Secretary has come out and said, "Trump sounds like a trooper. Would he also blame Pearl Harbor on FDR since FDR was responsible or was President at that time? Your thoughts.

CHARLES KRAUTHAMMER, SYNDICATED COLUMNIST:  Well, if you just look at this as a matter of campaign technique, you have to say that Trump is a reality show genius. His campaign is an ongoing reality show. The most successful in the history of television.

But he understands the secret. You have to keep advancing the story. The story doesn't advance for a couple of days and nobody is going to tune in. So, he's always throwing out something every couple of days that gets him in the news. I saw that quote was on the home page of the New York Times.

There's nothing on the Kasich economic plan, there's nothing on the Rubio energy plan. He's all about this is gets us a grotesque remark, he tossed in at the last minute of the 35-minute interview. And look at the success he's had. He's advancing the story.

And in the same way, then in his reality show, if he didn't fire a new batch of people every week, nobody would tune in. So, as a matter of technique it's genius, but it has a second effect, as well. And that is he's very successfully been able to bake other candidates into reacting and then monopolizing the conversation.

So, he successfully got Jeb to respond on an issue which I'm sure he didn't want to respond. It takes him off of his game. The argument is now on the ground that Trump had chosen. And he has succeeded.

So, whatever you think of the substance of it, and I don't think a lot about the substance of it, look at the effect it's had. And then it helps explain one of the reasons why he's number one in the polls and he's remained out there. He's a genius at stringing out the story and having everybody tune into his reality show.

KELLY:  So, you think it's all calculated and that that was a calculated move as opposed to an off-the-cuff remark on the subject of George W. Bush and 9/11?

KRAUTHAMMER:  Well, that is a pretty heavy off-the-cuff remark. I can't tell you whether that was calculated and had to be dropped today. Clearly, it's something he's thought about. Clearly, he's a guy who knows what he's saying.

He knows that he's been able to say all kinds of outrageous stuff; John McCain is no hero, et cetera. And not only get away with it but watch his numbers rise.

I think it's not so much that people admire a guy who says what's on his mind. But there's kind of a secret admiration for a guy who says what's on his mind no matter how outrageous and gets away with it. I think that's the key...

(CROSSTALK)

KELLY:  But what of that, OK, but on the substance of the accusation here, the suggestion that George W. Bush is, I mean, clearly the implication is that is to blame. That he was the President and he should have kept us and he didn't. I mean, do you think any of these Republicans will care about that?

KRAUTHAMMER:  Well, I think you just turn the question around and say, well, Mr. Trump, what would you have done differently? Let's hear what he says.

KELLY:  Well, we'll bring that that up in our next -- in '08. I'll tell it to Chris Wallace. Great to see you, Charles.

KRAUTHAMMER:  My pleasure.

KELLY:  OK. For more on this now we turn to national Tea Party leader and former Texas Congressional candidate Katrina Pierson. Good to see you, Kat.

So, what of that, I mean, what do you make of that? What would Donald Trump have done differently given the accusations he seems to be leveling?

KATRINA PIERSON, TEA PARTY LEADERSHIP FUND SPOKESPERSON:  Well, good to see you, Megyn. But here's the thing. People are acting like Donald Trump said George Bush flew the plane himself. He didn't say that. He simply stated the fact that George Bush was President and, therefore, the buck stops with him.

Donald Trump is a global business leader. And he understands the importance of leadership. And these are the same Republicans, Megyn, that are complaining that Barack Obama isn't taking responsibility for the economy that he inherited from George Bush.

Here's what would have been different under Donald Trump. Very simple. Immigration enforcement where he would have secured the borders, the wall would have been built. Many of these hijackers came to this country on a student visa, on a tourist visa on business visas that were never tracked.

So, yes, Donald Trump would have had some substance to this issue.

KELLY:  And you don't put any of that on Bill Clinton? Donald Trump, in your view, doesn't put any of that on Bill Clinton. That's all on George W. Bush?

PIERSON:  Well, he wasn't being asked about Bill Clinton. I think it's safe to say that presidents all the way back to Reagan bear some responsibility as to how open our sovereign nation has been to terrorists. But that's not what Mr. Trump was asked.

KELLY:  Do you think there's anything distasteful about an attempt to-- it sounds like to politicize 9/11? You know, he got in trouble before for saying John McCain was captured, I prefer people who weren't captured. And now he says, George W. Bush was the President for 9/11.

And these are things that the military and the terrorist attacking, you know, a lot of people hold those in violet, and don't want to hear those kinds of accusations thrown about. Even casualty. Especially casualty.

PIERSON:  Well, I think you've touched on something that has been the sensation of Donald Trump. Sometimes you have to tell people what they don't want to hear. And he's been very good at that. And that's why he's been up in the polls.

This wasn't some contrived statement. Everyone in the media knows you don't drop a headline on a Friday. That's just not how it works.

KELLY:  Kat, good to see you.

PIERSON:  Thank you, Megyn.

KELLY:  Thanks for being here.

Well, we also have breaking news tonight, a former NBA star, Lamar Odom, awake now from a coma as his former wife's family feuds with the brothel where Odom collapsed.

Plus, up next, Brian Kilmeade on the punishment handed down for the coach who reportedly ordered players to hit this ref.

Plus, we've got the inside scoop on the story behind a lawsuit just filed against Rosie O'Donnell by a former staffer, a top one at The View.

And then, why some McDonald's owners are not loving breakfast all day.

(COMMERCIAL BREAK)

KELLY:  Developing tonight, we now know the punishment for two of the Texas high school football coaches involved in that brutal hit on a ref who made some calls they didn't like.

The Texas officials decided that the coach ordered the players to sack the ref. And so, that coach would be suspended the rest of the year and with then be placed on probation for two years.

The head coach was also given two years' probation. So, does the punishment fit the crime? Brian Kilmeade is the co-host of Fox & Friends and the host of Kilmeade and Friends on Fox News radio. Good to see you.

BRIAN KILMEADE, FOX & FRIENDS SHOW HOST:  Good to see you, Megyn.

KELLY:  So, the kid hit the ref and it later came out that the coaches told him to do it. Is that essentially what happened?

KILMEADE:  One coach.

KELLY:  OK.

KILMEADE:  He is the 29-year-old who was suspended for the rest of the year and go for probation for the next two years. And these two kids came out afterward and said, listen, there was some racial epithets from the ref, which I think is criminal because it doesn't seem to have happened been backed up by anybody else. That's why he did.

Then they said, well, my coach told me to do it. So, the coach, at the time, admitted to the principal and head coach he did tell him to do it.

However, he changed the story.

But listen to how he changes his story. You with your legal mind will probably enjoy this. He says, I never told him to do it. I just said this.

This MFER has to pay the price and the kids took it the wrong way. So, that's it. That's your alibi.

KELLY:  Ridiculous.

KILMEADE:  So, he gets the rest of the year, 29 years old. He got caught up in the moment and he's up probation for the next two years. For the kids who want to graduate in senior is done, the other one is going to come in for the board in order to play again.

KELLY:  So, is that appropriate? So, this coach doesn't lose his livelihood forever more? But a lot of people are saying, well, he should. He should. That's quite a transgression.

KILMEADE:  There's a war on refs. They've been doing this over and over again. This is just the last, for some reason the intensity is so great and people are going to win so bad.

They are blaming the man in stripes which is no big deal if you boo.

(CROSSTALK)

KELLY:  Look at the poor guy.

KILMEADE:  No big deal if he complains. But he got crushed by two players.

KELLY:  Why?

KILMEADE:  I do think the punishment fits the crime because he has no backtracked record. I don't know, my own go way whether he go round here. So, to me, if you learn, he's been disgraced nationally.

So, if he could get back on his feet and say, man, did I blow it. That would make me feel good about it. However, when I saw his explanation of, yes, I didn't really tell them to do it, they just misinterpreted.

KELLY:  Yes, but a crying on a sandwich always helps.

KILMEADE:  Yes. And just don't label somebody; don't label somebody a racist if they're not. This referee has got no history of that.

KELLY:  Yes. Correct.

KILMEADE:  That's the worst.

KELLY:  That's right. OK. So, moving on. Rosie O'Donnell is back in the news.

KILMEADE:  Yes.

KELLY:  She apparently, is getting sued by the former senior producer, which is high level of The View, who is alleging that she was harassed by Rosie while she worked at The View.

KILMEADE:  Right, they look happy there.

KELLY:  They do.

KILMEADE:  So, this, Jennifer Shepard-Brookman as a former senior producer because she got fired the winter of this past year...

(CROSSTALK)

KELLY:  The winter of discontent.

KILMEADE:  Yes, the winter of discontent because Rosie O'Donnell also left because of perhaps discontent. There is one into in particular which she's suing. With your legal background, you have to wonder eight months later, why do you sue? In which she said she was harassed and feared essentially for her livelihood and her welfare.

Because she was -- Rosie O'Donnell had the story taken from her. She wanted the story back, but Whoopi Goldberg got the story.

KELLY:  This senior producer -- which is Whoopi instead of Rosie to talk about, and Rosie was ticked off.

KILMEADE:  And she blew up and got right in her face and grabbed both arms of the chair.

KELLY:  Rosie grabbing -- Rosie grabbed the producer?

KILMEADE:  Rosie grabbed the producer by the chair and held her there right to which her from her feet.

KELLY:  But wait, I read, according to a story in the New York Post that the producer's behavior towards Rosie was so brutal that Rosie, herself, complained to Human Resources and that's when the woman, the producer was initially suspended.

KILMEADE:  You're absolutely right. That's a second incident on top of that. She's suing for September incident she got fired in February into it.

(CROSSTALK)

KELLY:  What a hot mess.

KILMEADE:  Bottom line is we don't have this heavy drama.

KELLY:  I never held a hand to anybody.

KILMEADE:  Right.

(CROSSTALK)

KELLY:  But, yes, James took a swing at me on the way in, but I'm not going to press charges because he was not caught on camera.

KELLY:  He -- I saw in slight but I know you guys whatever.

KILMEADE:  Right. And he held. He swatted and held. He held a cheek.

KELLY:  That goes too far, right?

KILMEADE:  In my mind, it's for leaving out of the...

KELLY:  I can't imagine. It looks to me like a brush, that's one big...

KILMEADE:  Exactly.

KELLY:  He squeeze it, it's a totally different story.

KILMEADE:  There is a surveillance camera we can back it up.

KELLY:  Pay attention, James, you got it?

KILMEADE:  Yes, let's get out of this.

KELLY:  All right.

KILMEADE:  Who is James?

KELLY:  Now, in other news, has anybody been waiting for the 24/7 McDonald's breakfast? How many times we got to call at 10.35 and they're like, no egg McMuffin for you. And those days are over.

KILMEADE:  Right.

KELLY:  However, it's not working out so well.

KILMEADE:  Well, you know, there was a lot of hope because people wanted it. That's chronicled in this Adam Sandler movie a short time ago.

(BEGIN VIDEO CLIP)

ADAM SANDLER, ACTOR:  We'll take hot cakes and sausage.

UNIDENTIFIED FEMALE:  Sorry, sir, we stopped serving breakfast.

SANDLER:  What are you talking about? We're four seconds late?

UNIDENTIFIED FEMALE:  No. You're 30 minutes and 4 seconds late. We stop serving breakfast at 10.30.

(END VIDEO CLIP)

KELLY:  Yes, yes, been there.

KILMEADE:  That documentary Adam Sandler did call big daddy.

KELLY:  But he did some good with that because he changed the rules.

KILMEADE:  He changed the rules but here's the thing. They didn't really check with the franchise so the kitchen is unequipped. Evidently, breakfast is not expensive as dinner. Now people are going crazy, the lines are getting longer. People are unhappy, the people -- their workers are pulling their hair out. They are not equipped to serve breakfast at 4 o'clock, 6 o'clock, or 8 o'clock. Go to them to drive at 12 o'clock.

KELLY:  The pulling of the hair out is also a safety violation.

KILMEADE:  Absolutely.

KELLY:  They're getting into a lot of problems.

KILMEADE:  Right. So, the franchisee says I know the home office is trying to help us, but they're hurting us.

KELLY:  But they test it on a regional basis. I don't understand why it's not going well. What happened to the regional testing?

KILMEADE:  You know, my rich background in fast food, it really comes in handy now. But I will say this. People are unhappy, the customers are unhappy that it's happening. But then they're not happy that the lines are getting longer.

The word is this is not going anywhere because people have said the number one complaint is breakfast cannot be eaten at noon or at 6, and that's not going to change. So, it's done for good.

KELLY:  What do you mean? Yes, they can. Do they live in New York? I mean, nobody eats breakfast here before noon.

KILMEADE:  Right. So, they respond to it. The bottom line is you don't make as much money off of a McMuffin as you do a waffle. So, a waffle's burger could get you...

(CROSSTALK)

KELLY:  It's all about the Benjamin's, OK, I got it.

KILMEADE:  Right.

KELLY:  I want to leave the segment on a happy note.

KILMEADE:  Yes.

KELLY:  A lovely lady and fellow journalist by the name of Gayle King over at CBS. Yes, let's hear it. Look at what she posted on her Instagram. Tell the viewers what we're seeing here.

KILMEADE:  Gayle King is getting is getting on a flight and...

KELLY:  This is not Gayle. This is a flight attendant on Gayle.

KILMEADE:  Yes, Gayle is much more attracted than (Inaudible).

KELLY:  She is.

KILMEADE:  That's Michael, he's a flight attendant. He walked up at Gayle because I recognize I know who you are but I don't watch you, I watch Fox. And he was like, hey, I watch Fox, too. I love that Megyn Kelly.

KELLY:  Thank you.

KILMEADE:  And he says I'm going to take care of you anyway even though I don't watch you, Gayle King and you're a friend of Oprah, and on was Oprah all the time. And Oprah, by the way, was in New York did not drop by. So, here is, she posted some for that (ph) and she went and got a positive Instagram response and a shout out to @megynkelly.

KELLY:  You know what, let me just say that that is a classy move on her part. Because here's a guy who's saying I don't watch you, I like Fox. And she said, you know what, I like Megyn Kelly, too.

KILMEADE:  Right.

KELLY:  And she didn't have to tell the world that. She did a nice thing for me. And I appreciate it, Gayle. And I appreciate the nice things you've said to me in the past. So, right back at you, sister.

KILMEADE:  All right. I'm glad I could be the elixir for your electric cap.

KELLY:  Good-bye.

KILMEADE:  Sister.

KELLY:  Great to see you.

KILMEADE:  Bye.

KELLY:  Well, up next, breaking news on NBA star Lamar Odom. His reality TV wife, Khloe Kardashian and the brothel where Lamar collapsed.

(COMMERCIAL BREAK)

KELLY:  Breaking tonight, we are getting reports that former NBA star Lamar Odom is awake and actually managed to say "hello," to estranged wife Khloe Kardashian. We don't know yet if they discussed the brothel where Odom was found collapsed last weekend.

Trace Gallagher has the story. Trace?

TRACE GALLAGHER, FOX NEWS CORRESPONDENT:  Megyn, we know that Khloe Kardashian remains at her estranged husband's bedside in a Las Vegas hospital and is still reportedly taping episodes of "Keeping up with the Kardashians," Khloe's own reality show.

Lamar and Khloe lasted just two seasons. Lamar Odom is in critical condition after spending four days and $75,000 at a Nevada brothel, reportedly overdosing on cocaine and an herbal sexual stimulant called Reload 72.

One pill is supposed to last three days. Odom apparently took enough to last a month. But after being on life support for three days, a publicist for the Odom family says today he gave thumbs up and said "good morning," though, other reports deny that's true.

Lamar Odom won two championships with the Los Angeles Lakers but has a history of substance abuse and personal problems. Sex workers at the brothel say Odom became distraught last weekend after someone called him about an episode of "Keeping up with the Kardashians."

A few days ago, Khloe Kardashian's dramatic weight loss was the tabloid headline. Now the news is much more serious. Megyn.

KELLY:  Trace, thank you. Joining me now, Fox News contributor and lawyer Eboni Williams. Great to see you.

EBONI K. WILLIAMS, FOX NEWS CONTRIBUTOR:  Great to see you, Megyn.

KELLY:  So, is there any way that the brothel could get sued by Lamar or his representatives?

WILLIAMS:  Well, the fact as we know that, Megyn, looked like, no. It looks like they acted prudently, they made calls to 911 seeking emergency medical care. So, that's the standard, right?

So far, looks like they are in the clear. Now, the one person that could possibly be in legal trouble, Lamar Odom. The Knight County sheriff's office has a warrant seeking to test his blood. If it comes back positive for cocaine, unfortunately, Lamar might be facing charges.

KELLY:  Because those are the reports, that not only did he take this stimulant that he was also on coke.

WILLIAMS:  Cocaine.

KELLY:  But is there any way they can argue, you check into the brothel, it's a house of prostitution, obviously. That the deal was reportedly at these two women he picked from a lineup would go up to his room up to six times a day.

And if you can prove that they had seen any evidence of drug use, it was foreseeable.

WILLIAMS:  Well, that's what's interesting, right? Where's that line of what's reasonable activity in this type of environment. As you said, this type of brothel is legal in that jurisdiction. So, I would think that they have a wide scope as to what that activity looks like.

(CROSSTALK)

KELLY:  But they still can't be negligent, right?

WILLIAMS:  No, they can't be negligent, and if any new or should have known standard is applicable there, well; certainly, I would expect to see some type of suit at least come. I don't know how successful it would be, but certainly be filed.

KELLY:  And then, I mean, so, who's the plaintiff? I guess if he recovers, he would be the plaintiff and he would try to say you should have seen what was going to happen to me. Who gets sued, the owner of the brothel and the two call girls? Monica and Monroe, and I don't think I can say the name of the other woman, not on this show.

WILLIAMS:  Yes, right. Not on this show because, yes, I mean, I think the plaintiffs would be Lamar, if he survives, otherwise maybe his children. I guess legally Khloe is still his wife, perhaps she would have some standing there.

(CROSSTALK)

KELLY:  Meanwhile, she's trying to seize control of the situation trying to shut up the brothel on her, according to reports.

WILLIAMS:  Well, of course. You know, they want to frame this typical Kardashian fashion, right? They want to be the ones to frame what this narrative sounds like. And this guy, I think it's really classless what he's doing, but from a business standpoint, Megyn, I get it. He wants to say, hands off, we did everything we could.

KELLY:  You take drugs into your body and you take a huge chance with your life. Great to see you. Thank you so much, Eboni.

WILLIAMS:  Thanks, Megyn.

KELLY:  We'll be right back. Don't go away.

(COMMERCIAL BREAK)

KELLY:  Lots of reaction on Facebook and Twitter tonight to the Trump comments about President George W. Bush not keeping us safe, something Trump just appeared to reiterate on Twitter.

What do you think? Does he have a point or are the comments offensive? Facebook.com/thekellyfile, on Twitter @megynkelly. Have a great weekend. I am Megyn Kelly, and this is "The Kelly File."

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