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Kelly File

Media claims Clinton 'emerges unscathed' from Benghazi hearing; White House hesitant to say decorated soldier died in combat

This is a rush transcript from "The Kelly File," October 23, 2015. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST, "The Kelly File":  Breaking tonight, 24 hours after the truth was at last revealed about what Hillary Clinton knew and didn't know about the terrorist attack that killed four Americans in Benghazi, Libya, and the major media outlets have not only ignored the single biggest piece of news to emerge from yesterday's hearings, they have declared Hillary Clinton victorious.  This despite clear-cut evidence she and other administration officials repeatedly misled the American people in the days and weeks after the terror attack.  

Welcome to "The Kelly File." I'm Megyn Kelly.  Notice anything different?  It was just over three years ago the Obama administration in the throes of a fear re-election fight won based partly based on their claim that Bin Laden was dead and al Qaeda was on the run.  And on September 11th, 2012, 11 years to the day after the 9/11 attacks, terrorists stormed the U.S. consulate in Benghazi and attacked the CIA annex, killing four Americans, including our ambassador.  One day later, Hillary Clinton discussed the attack, blaming it on demonstrators who tried to justify their violence on an anti-Mohammed video.  Watch.  

(BEGIN VIDEO CLIP)

HILLARY CLINTON, D-FORMER SECRETARY OF STATE:  Some have sought to justify this vicious behavior along with the protests that took place at our embassy in Cairo yesterday as a response to inflammatory material posted on the internet.  

(END VIDEO CLIP)

KELLY:  Two days after that, with the bodies of the victims just feet away, the families of the dead say Mrs. Clinton again blamed the video.  

(BEGIN VIDEO CLIP)

CLINTON:  We have seen rage and violence directed at American embassies over an awful internet video that we had nothing to do with.  

(END VIDEO CLIP)

KELLY:  In fact, Charles Woods, the father of Benghazi victim Tyrone Woods, took notes.  Immediately after his talk with Mrs.  Clinton, that day.  And today, he produced a copy to the media.  They read, quote, "We are going to have the filmmaker arrested who was responsible for the death of your son."  And indeed, this talking point about protesters and since by a video in Benghazi leading to the deaths of four Americans was repeated again and again and again by administration officials.  

(BEGIN VIDEO CLIP)

JAY CARNEY, THEN-WHITE HOUSE PRESS SECRETARY:  We don't have and did not have concrete evidence to suggest that this was not in reaction to the film.  We have no information to suggest that it was a preplanned attack.  

(END VIDEO CLIP)

SUSAN RICE, THEN-U.S. AMBASSADOR TO THE U.N.:  What happened this week in Cairo, in Benghazi, and many other parts of the region --

UNIDENTIFIED MALE:  Tunisia --

RICE: -- was a result, a direct result of a heinous and offensive video.  

PRES. BARACK OBAMA, D-UNITED STATES:  The natural protests that arose because of the outrage over the video were used as an excuse by extremists.  

(END VIDEO CLIP)

KELLY:  The families did not believe it.  Those at the Benghazi consulate challenged it.  And the media, mostly Fox News, dug deeper into the story.  Eventually, it was revealed there were no protests in Benghazi that night, none.  And the attack was a preplanned terrorist attack, not an out of control demonstration over a video.  But even then, the administration denied it.  Sticking to their talking points about a video, a video that was to blame.  We later learned it was the White House that had advised officials in the administration to say this, underscoring that the blame had to go to the video and not to U.S. policy.  That's in writing in a memo that was revealed.  

And then yesterday, for the first time, a bombshell.  Hillary Clinton in her own words, admitting what so many have known all along.  That this was not about a video.  Or a protest or demonstration.  That this was a terrorist attack.  Fifty six days before a presidential election.  For the first time the public saw an e-mail detailing a conference call Hillary Clinton had on September 12th, 2012, with the Egyptian prime minister.  Her words, "We know that the attack in Libya had nothing to do with the film.  
It was a planned attack -- not a protest."  And that based on the information we saw today, we believe the group that claimed responsibility for this was affiliated with al Qaeda.  

She knew the film was not to blame.  And yet she and others looked into the cameras and again and again told us a different story.  And yet, to watch most of the media today, you would think we never saw that e-mail yesterday.  To the contrary, the messaging today was uniformly, she won.  
It is over.  Move on.  

(BEGIN VIDEO CLIP)

BROOKE BALDWIN, CNN ANCHOR:  We're thrilled it's Friday, but does Hillary Clinton want the week to end.  A week that could mark one of, if not the best, of her presidential campaign.  

I tweeted out while this was in progress, the longer she sits there, the better it is for her.  

(BEGIN VIDEO CLIP)

JOE SCARBOROUGH, CO-HOST, "MORNING JOE":  Hillary Clinton and Congressional Republicans and Democrats sparred all day yesterday.  And Benghazi hearings that could only be seen, at least in terms of theatrics, as a TKO for Hillary Clinton.  It wasn't even a close call.  

UNIDENTIFIED MALE:  Said she was going to make monkeys out of them.  
It was predictable, and she did.  

(END VIDEO CLIP)

KELLY:  Look at this from MSNBC.  Clinton emerges unscathed after GOP failure.  The Washington Post, "Republicans land only glancing blows in day- long rehash."  USA Today, "no clear wins for GOP at Benghazi hearing."  And the Huffington Post, "Republicans fail to take down Hillary Clinton after 11-hour Benghazi hearing."  

Chris Stirewalt is our digital politics editor, and Howie Kurtz is the host of Fox News "MediaBuzz."  Good to see you both tonight.  So, there was no there, there, Stirewalt.  Nothing to see.  

CHRIS STIREWALT, FOX NEWS DIGITAL POLITICS EDITOR:  Nothing.  Didn't matter.  There was nothing that happened, and the Republicans lost.  Hillary Clinton, somebody even said that -- and I forget who it was on Twitter, that said, she may have won the election yesterday.  That in the course of one day, she may have won the presidency.  That is how masterful and magnificent she was.  Now, look, she did a good job.  She did a good job on the theater side compared to the last time when she committed an enormous scab of a gaffe that has stayed with her forever, at this point, what difference does it make.  

KELLY:  Uh-hm.

STIREWALT:  So she didn't do that.  So yay, so on theatrics, she did it, but Trey Gowdy and his team are then judged because they didn't win on theatrics.  Well, they didn't have theatrics.  Well, guess what, a bunch of political reporters and a bunch of Democrats sitting around watching this for theater say, well, she did well on the theater, but nobody was listening to the substance.  They were just watching the puff.  

KELLY:  That's the thing, Howie.  It's just like, you know, that lead we just put together tonight and the lead we put together last night, it took some homework.  You had to work.  You had to pay attention.  You had to go through the transcript, you had to understand the case and how it evolved and how spin after spin was disproven, as Catherine Herridge in particular stayed on this case and her reporting revealed so much of what I just said, and only then did the administration come out and have to admit it.  Stephen Hayes over "The Weekly Standard" has also done a great job.  But now, this is the final revelation, that their theory all along, that the administration was lying about this video, was proven true.  Because Hillary Clinton knew by her own words that the video had nothing to do with it.  

HOWIE KURTZ, FOX NEWS HOST, "MEDIABUZZ":  As a journalist who follows this stuff, I thought that was a really important revelation.  But to the mainstream media consensus that the hearing was a flop, and some conservatives like Byron New York calling it Benghazi bust, it leads back to the original case, the Talking Points, the administration used after the attack were false, but a lot of people feel like that's a bit of a rehash that we already knew that.  And so the media had a high bar here.  Either there had to be a brand-new stunning revelation that can be described in one sentence because as you say the stuff is complicated, or Hillary Clinton had to break down, act testy, act defensive, and she didn't do that
and therefore it was easy to say --   

KELLY:  You tell me, Stirewalt, if this e-mail had come out in 2012, prior to the presidential election --  

STIREWALT:  Oh, Lord!  

KELLY:  Mitt Romney could be president right now.  

STIREWALT:  Well, maybe, but at the very least, Hillary Clinton wouldn't maybe be running for president right now, at the very least.  

KELLY:  It was a huge deal at the time.  We were all arguing about whether this was true, what they were telling us about the video.  If we had a smoking gun memo where she was saying something contrary to what the administration was telling everyone, it would have been a huge deal.  

STIREWALT:  But for the press, which is now ready for the Hillariness.  Right?  So after a long time of saying, boy, Hillary stinks.  If you go back just three weeks, the whole narrative in the press and the whole narrative even among the Democratic Party is, I don't know if she can do this.  She's pretty terrible.  I don't know if this is going to happen.  We're worried.  What about Joe Biden and all of these things?  And then they get started and they say, you know what, gosh darn it, we love her.  

KELLY:  I know.  Right.

STIREWALT:  She's fantastic and she's going to be great.  And you say, right, you beat three sea turtles in a debate.  Joe Biden who couldn't have won --  

KELLY:  Oh!

STIREWALT:  Oh!  And now two have dropped out.  Now they've quit.  

KELLY:  Wink.  I got to leave it on this.  I got to leave it on this.  

STIREWALT:  Okay.

KELLY:  Pat Smith, the mother of one of the victims was on "The Kelly File" last night.  Listen to this.  

(BEGIN VIDEO CLIP)

KELLY:  What perspective does that give you?

PAT SMITH, MOTHER OF BENGHAZI VICTIM SEAN SMITH:  It gives me a very good one.  She lies.  Very simple.  She is not telling the truth.  

(END VIDEO CLIP)

KELLY:  No one cares.  What happened to all that hair?  No one cares, Howie Kurtz.  No one is remembering the victims and their right to have the truth.  

KURTZ:  I agree with you on that, but the media frame for this, these were partisan hearings that was triggered by Kevin McCarthy's boasts that the committee knocked down Hillary's poll numbers, and when the Democrats and Republicans squabbled and then she sat there for 11 hours and then had a coughing fit, it fed the narrative that she had won the day.  

KELLY:  Great to see you both.  

STIREWALT:  You bet.

KURTZ:  Thanks, Megyn.

KELLY:  Also breaking tonight, things got ugly a short time ago when protesters interrupted a Trump rally down in Miami.  We're just getting the video.  We'll turn the rest around and bring it to you shortly.  

And then, a Delta Force Warrior, a soldier who won the Bronze Star 11 times, has been killed in a firefight with ISIS.  So, why is the Pentagon insisting this guy did not die in combat?  Tony Shaffer and Pete Hegseth are next on the growing anger over this.  

Plus, after the Black Lives Matter movement spent the last year trying to convince America that police are bad, they're now getting a huge platform from both political parties.  The story on that and a busy night when we come back.  

(COMMERCIAL BREAK)

KELLY:  Developing tonight, the administration refusing to level with the American people over the death of an American soldier.  Sound familiar?  Master Sergeant Joshua Wheeler was killed yesterday in a daring raid to rescue dozens of hostages who were literally hours away from being slaughtered by ISIS.  His heroics are indisputable, yet the administration is refusing to call this a combat death and that is causing some backslash.  

In moments, we'll be joined by Colonel Tony Shaffer.  But we begin with Leland Vittert reporting live tonight from Washington.  Leland?  

LELAND VITTERT, FOX NEWS FOREIGN CORRESPONDENT:  Good evening, Megyn.  It would take a better part of this hour to read the accommodations and awards that were bestowed upon Master Sergeant Joshua Wheeler.  Surprising to say, he lived as he died.  A legend among legends.  Thirty nine-years- old, from Roland, Oklahoma.  Wheeler enlisted while still a teenager.  One look at his rack of medals shows the career of a man who spent 20-plus years at the tip of the American spear.  As part of the army special operations command, he deployed 11 times to Iraq and Afghanistan.  His awards include 11 bronze stars, four with a valor device.  Wheeler deployed to Iraq this latest time as part of the Delta Force team's training and advising the Kurdish Peshmerga that's fighting ISIS.  

Sources tell me Delta operators were under strict orders to keep themselves out of the fight.  That was the plan Wednesday night when the Delta Force loaded into five helicopters on hostage rescue mission.  
American Intelligence concluded that ISIS planned to execute 70 or so hostages.  The Peshmerga were supposed to do all the fighting.  But when things went south, Wheeler ran toward the gunfire and paid the ultimate price.  Yesterday, the Pentagon, their spokesperson, walked an almost impossible high wire act of word games, trying to explain how a Delta Force operator killed behind enemy lines was consistent with President Obama's promise that America's mission against ISIS was not a combat one.  

(BEGIN VIDEO CLIP)

PETER COOK, PENTAGON PRESS SECRETARY:  In that support role, they are allowed to defend themselves and also defend partner forces and to protect against the loss of innocent life.  And that's what played out in this particular operation.  They were there in that support role, and again, acted under those circumstances.  

(END VIDEO CLIP)

VITTERT:  Fast forward 24 hours.  The Secretary of Defense today faced a barrage of questions and finally seemed to admit the obvious.  

(BEGIN VIDEO CLIP)

ASH CARTER, DEFENSE SECRETARY:  This is combat.  Things are complicated.  This is someone who saw the team that he was advising and assisting coming under attack.  And he rushed to help them.  

(END VIDEO CLIP)

VITTERT:  And the Pentagon says, Ash Carter himself approved the raid and Megyn, he will be at Dover to welcome Sergeant Wheeler's remains home this weekend.  

KELLY:  Leland, thank you.  

Well, in case the original message from the Department of Defense was not clear, here's a little more from Pentagon spokesman Peter Cook and Defense Secretary Ash Carter, listen yesterday and today.  

(BEGIN VIDEO CLIP)

COOK:  This was a unique circumstance.  This was a support mission.  

CARTER:  It doesn't represent assuming a combat role.  

COOK:  U.S. Forces are not in an active combat mission.  

CARTER:  It represents a continuation of our advice and assist mission.  

COOK:  Again, Barbara, this was a support mission.  

CARTER:  We do not have combat formations there the way we had once upon a time in Iraq.  

COOK:  U.S. Forces are not in a combat role in Iraq.  

(END VIDEO CLIP)

KELLY:  And it went on.  Retired Army Reserve Lieutenant Colonel Tony Shaffer is a CIA trained Intel operative.  Great to see you again tonight.  

LT. COL. TONY SHAFFER (RET), LONDON CENTER FOR POLICY RESEARCH:  Hey, Megyn, good to be on.  Thank you for having me.  

KELLY:  I mean, they got hammered -- hammered from press across the board from every media outlet.  

SHAFFER:  Yes, they did.  Yes, they did.  

KELLY:  For just refusing to say that this was combat.  It doesn't have anything to do with Barack Obama saying specifically back in 2014 that the American Forces deployed to Iraq do not and will not have a combat mission?

SHAFFER:  Absolutely.  I mean, Ash Carter danced all over the fact, oh, we don't have combat formations like we did before.  No, but we have combat forces.  Delta doesn't show up to train some people to basket weave.  They're there to kill people.  Their job is to train those to do what's necessary.  

KELLY:  Why, why -- why can't they say -- it's not a combat mission, but there is some combat.  There are some boots on the ground, and that's what happened here?

SHAFFER:  Because fundamentally, Megyn, the whole idea here is that the Pentagon knows we're at war.  We know we have to win that war.  The warriors that go forward like this master sergeant, this Master Wheeler, condolences to his family, he put his life on the line, and what's disrespectful here in a total complete departure of what should be an honorable moment for he and his family is the White House is putting pressure on the Pentagon to say, no, no, no, it's not really combat because, you know, the President ended the war there.  The President said, the war is gone, it's done.  We pulled the troops out.  We're not going to be fighting there again.  So, it's nothing to see here.  

And that's the problem.  We have now a political meme which actually is the thing which leads and directs how the Pentagon focuses and shapes its message.  I'm telling you, Megyn, the good people who are fighting this war, they're fighting the war.  We just saw this in Kunduz, where we actually had to do the same thing.  The Afghan Forces were doing well.  They weren't going to win.  We had to jump in and help them.  So, either we want to start winning or we don't.  

KELLY:  This guy, he -- he ran to save Kurds and Iraqi soldiers.  

SHAFFER:  That's correct.  

KELLY:  Without support, for troops of another country.  He gave his life.  And now we can't even be honest back stateside about the circumstances of his death.  We just opened the show with a long narrative to this effect about what happened in Benghazi.  And on and on it goes.  When it comes to the deaths of American service personnel or American ambassadors, why must it be so hard to just level with the American people?

SHAFFER:  Because everything has become political.  I mean, Megyn, the last thing national security should be political, it should be cut and dry.  These are the facts.  This is what happened.  This is what we have to do to adjust -- to actually achieve victory.  

KELLY:  And the American people are understanding.  They're very understanding.  

SHAFFER:  Absolutely.  And I think they honor the American men and women who go forward and do those hard tasks.  The problem is this, we have people in the White House who have now completely devoted themselves to a narrative for the President's legacy.  And this is what's being preserved here.  

KELLY:  The combat situation doesn't turn it into a combat mission.  Okay.  I got to go.  Colonel, great to see you.  

SHAFFER:  Yes.  Great to see you, Megyn.

KELLY:  Also breaking tonight, Hurricane Patricia is now onshore with sustained winds of more than 160 miles an hour.  Even after making landfall, this is enormous.  We will go live to the scene just ahead as this monster crosses Mexico and heads towards Texas.  And then New York City is setting new records when it comes to rats.  And Brian Kilmeade explains what that means for the people who live here, and it's not good.  

Plus, we have more of that video coming in from a confrontation between protesters and security at a Trump rally down in Miami just a short time ago.  That story is right after this quick break.  

(COMMERCIAL BREAK)

KELLY:  That's new video from a Trump rally tonight in Miami where we are hearing pro-immigration anti-Trump activists are being thrown out of the event.  All of this comes on the heels of two new polls out of Iowa shaking up the status quo in the Hawkeye State.  Businessman Donald Trump no longer the front-runner with Dr. Ben Carson as the new number one.  Today, the former neurosurgeon surges past Trump by nine points.  In a Des Moines register survey, up ten points over the same poll back in August.  This on top of separate polling yesterday that also has Carson ahead of Trump.  Some political analysts believe the Trump slump, as they termed it in Iowa, is directly related to ads like this one being shown and paid for by the club for growth.  

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE:  The Supreme Court's Kelo decision gave government massive new power to take private property and give it to corporations.  Conservatives have fought this disaster.  What's Donald Trump say about the decision?

TRUMP:  I happen to agree with it 100 percent.  

UNIDENTIFIED MALE:  Trump supports eminent domain abuse because he can make millions while we --

(END VIDEO CLIP)

KELLY:  Joining me now, David McIntosh, president of the Club for Growth, and Katrina Pierson, Trump's supporter and former Texas Congressional candidate.  Thank you both for being here.  So, David, you think your ads have made the difference?

DAVID MCINTOSH, PRESIDENT, CLUB FOR GROWTH:  I do.  I think what they did was tell voters in Iowa the truth about  Trump being a liberal, particularly on this issue of eminent domain abuse where he 100 percent is behind the government taking people's property and giving it over to developers like himself to turn it into casinos or parking lots for their limousines.  

KELLY:  What about that, Katrina?  Eminent domain has been long disdained by conservatives, but Trump says he thinks it's a wonderful thing.  

KATRINA PIERSON, TRUMP SUPPORTER:  Well, God forbid we create jobs in this country.  But I would like to point out with regard to Mr. McIntosh's ad, leadership is important.  And the previous leadership run -- for growth as a reputable entity.  However, now things have changed.  Because it seems Mr. McIntosh is using Club for Growth donor money to go after Mr. Trump as a personal vendetta.  The reason I say that Megyn is because he also support Mr. McIntosh the Keystone Pipeline.  He has endorsed several candidates that support the Keystone Pipeline.  The Keystone Pipeline is a foreign corporation who uses eminent domain in this country and in fact has 56 cases right now, there is a 78-year-old grandmother who was arrested on her own property right here in Texas --

KELLY:  But that doesn't answer the question.  David and the Club for Growth is not running for president.  Right?  So, Donald Trump is.  

PIERSON:  Right.  But he's being a hypocrite.  He's being a hypocrite.  He's lying.  

KELLY:  Okay.  But what about Trump support for eminent domain?  That is what's resonating with the Iowa's voters.   

PIERSON:  He's a businessman.  He's saying eminent domain abuse.  The one case he always sights to with a woman who didn't want to give up her property.  And guess what, Megyn, she kept her property --   

KELLY:  But Trump told Bret Baer, he thinks eminent domain is wonderful.  

MCINTOSH:  He says, he likes it a 100 percent.

PIERSON:  It is.  It is used to create jobs for public use, or for a common carrier.  And David you're being dishonest.  

KELLY:  All right.  What about that David because that is the defense.  

(CROSSTALK)

PIERSON: -- that's the exact opposite.  

KELLY:  That is the defense that it can be used to advance business and create jobs for a bunch of people.  And even if Iowans may not like it, perhaps that message will do better in states like New Hampshire and elsewhere where Trump will go after Iowa.  

MCINTOSH:  I think that voters will see that's just part of his liberal record.  He's for massive tax increases in the past.  He likes federal government health care.  He hates free trade and the ability to bring in lower priced products for people.  He would be a disaster for America's economy.  And we're just telling the truth to voters.  

KELLY:  But what we saw in -- but David, what we saw in the poll yesterday -- what we saw in the poll yesterday, the Quinnipiac  poll, shows that he -- Carson tops Trump by 20 points when it comes to women and he tops him when it comes to evangelical  white voters.  However, they still by a landslide in Iowa, according to that Quinnipiac poll favored Trump over anybody else when it comes to the economy.  

MCINTOSH:  You know, it's interesting.  When we looked at head-to- heads, other people like Ted Cruz and Marco Rubio beat Trump when it gets down to a narrow race.  I think the voters want a real genuine free market conservative.  Those are two that we said would be great champions of pro- growth economy.  I think Trump's a distraction.  He's kind of the worst type of politician who says whatever he thinks the voters want, and tries to get you to ignore the fact his record would show he's a real liberal.  

KELLY:  All right, thank you both for being here with your perspectives.  Thank you.  

MCINTOSH:  Thank you.  

KELLY:  Well, new questions tonight about Hillary Clinton, her health, and one moment in particular from yesterday's hearing on Benghazi.  

Plus, the Black Lives Matter movement has spent a lot of time telling people don't trust the police.  So, why are both political parties giving a big platform to this group's message?

And then, ever since this teacher posted these pictures online, she says the fallout has her worried about being fired.  Wait until you hear what the principal is doing to her.  

And wait until you hear what Mark Eiglarsh says about her and this event.   

(COMMERCIAL BREAK)

KELLY:  Breaking tonight, the strongest storm ever recorded in the Western Hemisphere looks to be making landfall now. Chief meteorologist, Rick Reichmuth is tracking it for us. Rick?

RICK REICHMUTH, FOX NEWS METEOROLOGIST:  Hard to imagine the strength of the storm. Winds at one point were 200 miles an hour. It made the landfall at 165 miles per an between Manzanillo and Puerto Vallarta, the town of Kismallah (ph), just around that area.

Very mountainous terrain here. So, we're going to see a lot of flooding and a lot of mudslides, and still some storm surge and obviously, the wind coming in across this area. Not a ton of population there, fortunately, and just kind of threading the needle between the two big cities.

It's going to really quickly kind of weaken as it moves over land so rapidly, and by tomorrow evening, we'll see the center of circulation make its way toward the Texas Coast.

Watch what happens in a future radar. A lot of rain all day long tomorrow across much of the East, but Eastern Texas and Louisiana, Megyn, we could be seeing some areas, 12 inches of rain and flooding this weekend, partially due to Patricia.

KELLY:  Good gracious. Rick, thank you.

REICHMUTH:  You bet.

KELLY:  You get the picture. That scene played out in New York City yesterday. Just 24 hours after a cop was shot and killed by a suspect here. The fourth NYPD officer to die this year. Just the latest in a series of controversial protests by the Black Lives Matter movement over the last year.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE:  If you are not black, please move out at the center of the stage.

(END VIDEO CLIP)

KELLY:  The group says it wants people to pay attention to injustice. But the message often sounds more like don't trust the police. So now, critics are questioning why both political parties have endorsed the idea of presidential Town Halls.

These Town Hall meetings, you know, that we see, hosted by the Black Lives Matter group.

Lisa Durden is a political commentator, Mark Fuhrman is a former LAPD homicide detective and Fox News contributor. Great to see both.

So, Mark, what does it tell you that not just the Democrats but the Republicans have now agreed to participate in a Town Hall meeting hosted by the Black Lives Matter movement?

MARK FUHRMAN, FORMER LAPD DETECTIVE:  Well, it's an election year. You have all these candidates in both parties they're all politically petrified of any issue to do with race. They want the black vote, so they're appeasing and going along with the program. And it's really shameful, and I think it's really cowardly.

This is a radical subversive group that has claimed, whether they participate or insight the death of police officers, they certainly celebrate it. It's disgusting. Anybody that actually supports or allows this and is a politician shouldn't be elected to office.

KELLY:  Lisa, do you have any idea, who would run -- they wanted a presidential debate, and the GOP and the dems said no to that. So, who's going to host it, who's going to ask the questions? The one chanting pigs in a blank like frying like bacon, does he get a say?

LISA DURDEN, POLITICAL COMMENTATOR:  Well, I don't think individuals who are negative and subversive are going to get a say. The Black Lives Matter network will be hosting this event and the DNC, and the RNC knew very well that they better have given them the opportunity to host this presidential Town Hall meeting because the world is watching.

America can't have this attitude that they are diverse and they welcome everyone, but then they snub the Black Lives Matter network.

Now, this tape you show, I mean, there are going to always be individuals who are going to do negative things. No rebellion is planned to include people getting murdered and people having fighting. But we have to have rebellion to break the bones of individuals who are negative.

(CROSSTALK)

KELLY:  What about that, Mark? That's a point we hear a lot, that those individuals we saw don't represent this movement?

DURDEN:  Correct.

FUHRMAN:  Megyn, it's interesting is we keep hearing this from the Black Lives Matter supporters, but we don't see any leaders from Black Lives Matter to stand up and say, we don't support the death of police officers. We don't want the death of police officers. We support the government. But they don't.

They're a radical revolutionary group, much like the black panthers. They're actually, their identical are right from 1966, from Huey Newton. It's exactly the same thing. Anti-government, defend against any kind of oppression of the black people, even if they're criminals. Even if they commit capital crimes, even if they commit homicides, they're right, the police are wrong.

KELLY:  Lisa, is there anything you could hear from these GOP at this Town Hall that would convince you to vote Republican?

DURDEN:  Not at all. Nothing. But I have to correct Mr. Furhman. There was somebody very huge who stood up against it, and that was our President Barack Obama.

In Ferguson, when they were -- when some individuals...

(CROSSTALK)

FUHRMAN:  He's in black's lives -- he's not in Black Lives movement.

DURDEN:  ... some ignorant miscreants were looting and burning people's properties, he stood up at a press conference and said he does not believe in non-peaceful protests, and he told individuals not to do those things. but you can't look at one small population and blame the entire movement.

KELLY:  All right. Well, it will be interesting to watch.

FUHRMAN:  That's not what I'm talking about.

KELLY:  Great to see you both.

DURDEN:  But that's what I'm talking about.

KELLY:  Good to see you both. I love when they do the split screen. Good-bye. It's over.

Also tonight, new fallout after TV cameras catch some NFL players very much out of uniform. If you get my meaning.

Plus, new questions about Hillary Clinton's health when we come back.

(COMMERCIAL BREAK)

KELLY:  Well, after she testified for more than 11 hours yesterday, there are new questions tonight for Secretary Hillary Clinton. This time, about her health.

(BEGIN VIDEO CLIP)

CLINTON:  Excuse me.

ELIJAH CUMMINGS, BENGHAZI SELECT COMMITTEE MEMBER:  You need some water, Madam?

UNIDENTIFIED MALE:  Would you like us to take a 60-second, two-minute break?

CLINTON:  No. Let me grab -- a lozenge. So, congressman. I have the utmost confidence in both of them.

(END VIDEO CLIP)

KELLY:  Well, the former Secretary of State started coughing up a storm during yesterday's Benghazi hearing toward the end of a very long day.

And then today, Matt Drudge of the Drudge Report got people talking when he shared a Twitter message saying "Hillary health, was the biggest revelation of the hearing, coughing fit. Slow speaking, obviously induced by meds." Choose not to believe if you must.

Brian Kilmeade is co-host of Fox and Friends and the host of Kilmeade and Friends on FNC Radio. Must you, must you not believe?

BRIAN KILMEADE, "FOX & FRIENDS" CO-HOST:  I don't. I cannot say after
10 hours if someone coughs a lot, I think you have a built-in excuse. You know, it's just like you stood there. I mean, the last time she was up there, there were real concerned about her health, remember?

KELLY:  Yes.

KILMEADE:  She take glasses, she had a long delay, she had in her copiers, I think the story, the last one we heard. So, the Washington Post actually interviewed a general practitioner who's been in the business for 30 years. As opposed to Matt (Inaudible) for about blog for about.

And he says a cough is a reflex meant to clear dried secretions. He said such might happen after talking for hours on end. I think we have an explanation.

KELLY:  Gotten to the bottom of it.

KILMEADE:  Yes. I think she's okay.

KELLY:  How he knows her slow speaking was obviously induced by meds, anti-anxiety meds, no less, and hypothyroid issues, I know not.

But Hillary had every justification for coughing, and may I say that without for 10 hours, for only talking for one, I, too, have had a coughing fit on the air, as she did. And it led to a considerable amount of mocking by my friends at Howard Stern.

KILMEADE:  Really?

KELLY:  Yes.

KILMEADE:  Actually they are known to do that.

KELLY:  Yes.

KILMEADE:  And they are your friends, by the way.

KELLY:  Humiliation is complete.

KILMEADE:  And the other odd thing about those 10 hours. How much did you watch, by the way? I watch a lot.

KELLY:  A lot of it.

KILMEADE:  It seems like you broke it down pretty well last night. The other odd thing was the laugh.

KELLY:  The laughing. Oh, yes. Let's listen.

(BEGIN VIDEO CLIP)

CUMMINGS:  The whole truth, and nothing but the truth? That's what we want answered. Let the world see it.

UNIDENTIFIED MALE:  Why is it that you...

(END VIDEO CLIP)

KELLY:  That's her with her laughing and then it was like, yes, throw down. Right on.

KILMEADE:  She has a loud laugh, a bizarre laugh that never stops giving. But it was a laugh at the wrong time.

(CROSSTALK)

KELLY:  I think she was genuinely amused, like I got this. No way the media is going to give me a hard time on this.

KILMEADE:  Yes.

KELLY:  OK. Moving on, speaking of the media, apparently, there are a bunch of nudies out there on actual television of some football players in the post-game.

Now we blurred their bottoms and their fronts. Let's leave it at fronts. And where does this air?

KILMEADE:  This aired in the NFL network. The NFL network goes live to locker room, and to use all access. They usually -- they accessed all.

And by the way, congratulations to the editor. Those are moving butts that they're blurring. I mean, if they're stationary butts -- I have to give those tremendous credit, but Adam Pac Man and Jones is doing a lot of interviews and in the background we're seeing naked people.

And at which time people started saying, oh, my goodness to this, the reporter realize there's naked people behind them.

(CROSSTALK)

KELLY:  It was the reporters -- did the NFL players realize?

KILMEADE:  Which he didn't. But when they went to the studio, the guys couldn't even talk they were laughing so much because they were seeing fronts and backs of people who had just completed a football game and want to get clean.

KELLY:  Right. Well, how do they normally -- it's not unusual to have an in locker room interview. How do they normally avoid this?

KILMEADE:  They normally don't go live. That's number one. Number two, is you also count on people to have a camera, to shoot where we're shooting now, no one is shooting our torsos or our pelvis.

KELLY:  But we're dressed. So, if they want to, it's fine.

KILMEADE:  It could be odd. I'm not going to tell you how to run this show, but if my pelvis dominates the set, I would be little surprised. But you guys hear all thing and ratings tell the story.

But Catherine Webb is the wife of AJ McCarran, who is up and coming soon to be starting quarterback on team, eventually the Bengals.

KELLY:  And he was 25 years old Alabaman.

KILMEADE:  Yes. And she tweeted something out, had we been able to put anything on the tweet?

(CROSSTALK)

KELLY:  We have the tweet. You can read it if you like. I think I'll leave you there.

KILMEADE:  She said, I would rather my husband's ass and genitalia not be all over TV. Would you like to be filmed while naked, question mark? Which brought up something else kind of interesting from Andrew Witworth.

And we have a full screen of this. He said, look he was just exposed. He has a 16-year-old daughter. She goes to school and everyone is mocking her because her outstanding father from the Cincinnati Bengals was naked.

KELLY:  He wants the rule changed. He said for me personally and my wife, we're fine. But I think of it, my daughter Sarah, is 16, she had to go to school, listen to all that crap. And he says, this is going on really long.

(CROSSTALK)

KILMEADE:  Well, you get it.

KELLY:  But the point is they think it's time for a media policy change. And they really don't think their naked bottoms are the story.

KILMEADE:  You want me to do this thing; it's on the tip of my tongue, research. And I did it. I have to find out what they do in Europe. You know what they do?

KELLY:  No.

KILMEADE:  They don't let the people in. They basically say we just don't want that.

KELLY:  Does anyone want into the European locker rooms?

KILMEADE:  well, the problem is - yes. Well, if you're a woman and you want to get the story, which you are a woman and you often want to get the story...

KELLY:  Why can't I do it outside the locker room?

KILMEADE:  Because they got...

KELLY:  Why don't they come out and visit me. All right. We got to move on because there's something important to talk about, that the rats in New York City.

KILMEADE:  It's a crisis.

KELLY:  The rats. And I'm not just talking about the lawyers and I can say it as a recovering one.

Look at that. Look at the Herculean effort by pizza rat as this was formerly -- officially known. There are several videos like this. There is two pizza rat, as well. Two rat pizza. Anyway, pizza rat two, we're being overrun.

KILMEADE:  There has been. This year alone, there have been 24,375 grievances filed by New Yorkers because of excess rat abuse. Rats are abusing us.

KELLY:  Yes. And the most disturbing part is it doesn't include complaints from people who see them in the subways.

KILMEADE:  Yes.

KELLY:  It's all the above ground rats.

KILMEADE:  Right. And we're doomed, by the way.

KELLY:  Right.

KILMEADE:  I've done some research. And it turns out rats can exist on a very small one ounce of water and one ounce of food every day.

KELLY:  Oh, good grief.

KILMEADE:  So, that's a bit of hotdog, that is a little puddle, and they're going to procreate. We're going to have to leave the city.

KELLY:  This is -- the New York City comptroller comes out and said the rats are taking over. They are standing up right. They say to me, good morning, Mr. Comptroller. I have seen those same rats and it's terrifying to me. Thanks a lot, Mayor de Blasio. You're doing a bang up job. Great to have you.

KILMEADE:  Right.

KELLY:  Good to have to have you, too.

KILMEADE:  One point by the way, bold and brash and don't have to eat much. We have to leave the city. Let's go to Jersey.

KELLY:  You already did. Smart man.

KILMEADE:  Yes.

KELLY:  Good to see you.

KILMEADE:  Nice to see you.

KELLY:  Up next, a teacher threatened with her job after parents caught a glimpse of her pictures on her personal social media page. Mark Eiglarsh is here to defend next.

(COMMERCIAL BREAK)

KELLY:  Breaking tonight, the investigation into the IRS allegedly targeting conservative groups has now closed. Members of Congress were told today by the Justice Department that substantial evidence of mismanagement was found, but no evidence of a crime.

The scandal broke in May of 2013 when former IRS official Lois Lerner apologized for extra scrutiny on conservative groups filing for tax exemption. Despite that admission the now retired Lerner will not face charges, you recall she pleaded the fifth.

The House, Ways, and Means Committee Chairman, Congressman Paul Ryan called the outcome quote, "predictable" and today, promised to continue investigating.

A U.S. teacher nearly loses her job after posting pictures online like this one. Here she is. Her students saw them. So did their parent, and then the principal got involved.

So, how far can a school go to stop a teacher's out of school activities? Mark Eiglarsh, he's a former defense attorney and former prosecutor, and Eboni Williams is here, too. She's a Fox News contributor and a trial attorney.

Great to see you both. Mark, let me start with you. So, she's a bodybuilder, right? She's like, this woman she had four children. Four. That's the real headline. We bury the lead.

MARK EIGHLARSH, CRIMINALD DEFENSE ATTORNEY:  Right.

KELLY:  And the teacher, principal is not, not happy.

EIGHLARSH:  Yes, these people are uptight, Megyn. They will fight for her right to possess guns, but just not to display them.

KELLY:  Oh, nice. Guns, I get it.

EIGHLARSH:  I worked that in.

KELLY:  Hold on.

EIGHLARSH:  Right? They're requiring a body building burkas (ph) for this health, this diet and exercise yielding woman, and I have two kids in middle school and I wanted them to learn what she's dishing out.

KELLY:  Well, that's the question, Eboni. Because the principal she says the principal called her in, now you tell me what you think about this. He called me in every Monday for a month to be reprimanded. He'd say what about this picture, what about that one? Come on.

EBONI K. WILLIAMS, FOX NEWS CONTRIBUTOR:  Yes, Megyn, that sounds super sketchy, actually. I think he has his own motivation with that. Those teachers...

(CROSSTALK)

KELLY:  Let's go over them again.

WILLIAMS:  Yes. How many times, right? Look, I mean, Mark is right. The discipline involved, I'll give her credit, but I have to say maybe I'm a little old fashioned, maybe it's my southern values.

EIGHLARSH:  Yes, you are.

WILLIAMS:  If I were a parent -- fine, mark. If I were a parent, I don't know that I would want my child seeing that. But also as a professional woman, I don't know that necessarily I'd want that public. I think it's great she's doing it. So, your point for its case...

(CROSSTALK)

KELLY:  Well, that's what the principal said. Why don't you make them private, why do they have it to be public?

WILLIAMS:  Why does it need to be private?

EIGHLARSH:  You know what.

KELLY:  How about that, Mark?

EIGHLARSH:  How about this? I have an idea. How about this. Let's say it was the middle school gym teacher who's way past his prime. And he posts on his Facebook page pictures of him on the beach in his bathing suit. With that big Budweiser beer belly and those hairy man boobs and nobody's going to say anything, Megyn. This is a double standard.

(CROSSTALK)

WILLIAMS:  Why do you reporting it down?

KELLY:  I'll guarantee the principal would not be calling him and saying, look at this one? What about this one?

WILLIAMS:  I get your point, Mark.

EIGHLARSH:  How about that, ladies?

KELLY:  Let's go over it again. With all due respect to the principal. Because it does sound like I will say, these teachers have been fired in the past for...

EIGHLARSH:  Say it.

KELLY:  ... being strippers? It's like, you know, there are certain things you cannot do on your down time because they are herald to a higher moral standard, Eboni.

WILLIAMSN:  And there's a threshold, Megyn. You're exactly right. It's all about this balancing test. But you know what showing, you know, just something that you see on a vacation picks, or whatever, bikini pics, but what's truly sexually provocative and I think that's the question.

KELLY:  And this woman's message was empowering.

EIGHLARSH:  This is not that.

WILLIAMSN:  And I agree. It won't.

KELLY:  It was like I'm his mom, I got it back. I'm healthy, mark.

EIGHLARSH:  Yes.

KELLY:  She's setting an example, she's speaking on a matter of public concern which makes us speaks all more protective.

EIGHLARSH:  Yes. And I got to take exception to bringing up strippers. What fallopian cinnamon and amber are doing on the pole cannot plausibly be analogized to what she's doing and helping and how she's helping our children.

WILLIAMS:  Well, that woman has to have a carb in like seven months.

KELLY:  Right.

WILLIAMS:  Let's clear for that.

KELLY:  What stripper is named fallopian? That brings all the wrong messages. That's not what they want you to be thinking about, right?

EIGHLARSH:  That's true. Now, that's wrong.

KELLY:  Back when I covered that duke fake rape case, but I had to go in a bunch of strip clubs, right? Because I was investigating this stripper. And one of the guys who managed the club told me I got the name for you. If you ever decide to come into the business and I will tell you that after this break.

EIGHLARSH:  You tease. Such a tease.  

KELLY:  Bye.

WILLIAMS:  Hilarious.

(COMMERCIAL BREAK)

KELLY:  So, the guy told me that I would be named sugar and that my full name would be confectioners' sugar. They're pastry. That's not hot.

By the way, thank you for all the nice messages about my new hair.
People want to know why I cut it. Because it was long and I wanted it short. Have a great weekend.

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