Krauthammer on Trump's ability to handle Carson threat; Beck on what has voters upset

Columnist goes on 'The Kelly File' to discuss latest poll numbers, preview Republican debate


This is a rush transcript from "The Kelly File," October 27, 2015. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Breaking tonight, a stunning new national poll turning the republican presidential field on its head and changing the race for president just 24 hours before the next big debates.

Welcome to "The Kelly File," everyone. I'm Megyn Kelly. This new poll from CBS News and The New York Times find Dr. Ben Carson at the top of the GOP field. Four points ahead of his nearest competition, Donald Trump now in second. The rest of the top five are in the single digits. It's the second time in recent polling that Dr. Carson has been leading nationally. Investor's Business Daily finding him ahead of Donald Trump by seven. Marco Rubio, the only other candidate in the double digits.  Remember, longtime front-runner Donald Trump has repeatedly touted polling that showed him with the commanding lead.  


DONALD TRUMP, R-PRESIDENTIAL CANDIDATE: I love these polls. I love the polls. Number one on the polls.

More On This...

The polls come out and we're really killing it.

It's been amazing. The polls have just come up and they're constantly going up.  

We're going up very strongly in the polls. They don't know what to do about it.  

The polls just came out a little while ago. I won't even say. The numbers are so ridiculously high.  

We just came out with another poll. A poll in Iowa. We're way ahead and that's great.  

We're leading in every single poll.  

You know, somebody says, you really like polls. I said, yes, I like then because I'm winning. You know, when you're not winning, you don't like them as much. But we're really winning. We're winning everything.  


KELLY: But now that he's not in front, Mr. Trump has a different message.  


TRUMP: I believe in polls. I generally believe in polls. The thing with these polls are also different. They're coming from all over the lot where one guy's up here and somebody else is up there and you see swings of 10 and 12 points and, you know, like immediately even the same day. So right now it's not very scientific.  


KELLY: We have a jam-packed political lineup for you tonight complete with The Blaze's Glenn Beck and Fox News senior political analyst Brit Hume.

But we begin tonight with Charles Krauthammer, syndicated columnist, Fox News contributor and author of the book "Things That Matter."

KELLY: Charles, great to see you. So, suddenly Mr. Trump doesn't seem to believe in the polls quite as much as he used to. What if anything does that tell you?

CHARLES KRAUTHAMMER, FOX NEWS CONTRIBUTOR: Well, it tells us that before when the polls used to be huge, I mean not huge, actually. Huge with a "Y," enormous of Trumpian proportions when he was in the lead. And I don't he handles adversity very well. He follows behind in one national poll. And all of a sudden, you know, they don't really matter but I think more important is the four polls that came out of Iowa last week.

KELLY: Uh-hm.

KRAUTHAMMER: One reinforcing the other, showing that there's been a 14-point or so flip. He's losing about seven or eight. Carson gaining about seven or so. In Iowa and now a state he's been leading. So now, he has a new tune. And this is what you hear actually in the media. The new conventional wisdom is, oh, yes, Iowa. Iowa is a state that really isn't very conducive to Trump. It's more evangelicals, so that appeals to Carson. Well, the problem now is that with this national poll, that can't be the explanation, and one possible explanation, we won't know. This one national poll could be an outlier. But this could be a sign that when people take a closer look at Trump and what he stands for if anything, they like the entertainment, they like the reality show. It's been running now for more than three, four months, but as they approach the real crunch when they have to vote, they're looking at other people to be president.  

KELLY: Mm-hmm. And he says, of course, now that Dr. Carson is number one at least in that poll, he's going to get greater scrutiny and this sets the stakes for tomorrow night quite well. What do you see -- who do you see as being under the most pressure going into this next debate, this third debate tomorrow night with CNBC?

KRAUTHAMMER: Well, I mean it's always Trump because he's the most improbable. He's been up there. And the question is going to be, how does he handle the fact that he's not out there all alone trumpeting his poll numbers. How does he handle the challenge from Carson? And we've already seen that he's a little bit thin-skinned. Well, more than that, the fact that in his speeches a few days ago, he raised the idea the question of Carson's religion when he said, look, I'm a Presbyterian, I'm down in the middle, whatever that means. And I don't know about Seventh Day Adventists. Now, that is what Carson is. The reason that he brought it up, everybody understands, is because in Iowa, where, again, Trump is now trailing, the evangelicals are very important and among some evangelicals, the Seventh Day Adventists are looked somewhat sconce.  

KELLY: Tomorrow night's debate is supposed to be centered on the economy. That plays to a strength of Trump's even in the polls that put him at number two or number three, the majority of GOP voters in Iowa at least according to those polls we saw last week believe in him when it comes to the economy. This may not be a strength of Dr. Carson's. How does that factor in?

KRAUTHAMMER: Well, I think Carson is going to be the second most under pressure, A, because he doesn't have a lot of experience with economics. He's been doing brain surgery for much of his life, which is a specialty of its own. A pretty difficult one but it ain't economic.

KELLY: It's not one of the categories as we understand for tomorrow night.  


KELLY: It's not one of the categories for tomorrow night.  

KRAUTHAMMER: No. No. It's not. It's not. Yes. Although, I mean, when Trump says the man is low energy, when you do brain surgery for 15 hours, you know, when you do normal surgery, if you cut a blood vessel, you can patch it. You cut nerves in the brain, there's no patching. Imagine being under that kind of pressure for 15 hours. I think that's not low energy. That's concentration and the inner strength. But anyway, that's an aside. I couldn't help it. I had do it as a doctor. But Carson will be under pressure to show that he has a more elaborate idea than tithing, which he raised in one of the other debates as a model for taxation, and he's going to have to elaborate on that.

But I would say, two other people are under pressure. Rubio is going to be next to the frontrunner. Next to Trump for the first time. He's running third, I think, in the RCP average. So he's got to show his strength and he might have to parry Trump. But the other will be Carly Fiorina. Her rise was fueled by two spectacular debates.

KELLY: Uh-huh.

KRAUTHAMMER: She has subsided somewhat as a result of the fact that she's out of the spotlight. She's going to have to do three in a row I think to get back up there. And that puts a lot of pressure on you because that's extremely hard to do.  

KELLY: Do you think that Kasich, Chris Christie, Rand Paul, Mike Huckabee have any, are a factor at all in tomorrow night's debate?

KRAUTHAMMER: They are. They are. But it's their last stance. I mean, is a little bit of an exaggeration. But the four you mention are really teetering on the edge right now. They haven't been able to get traction. I think one of them needs to stand out if they want to jump back into contention. It doesn't mean they're out of the race. But if you don't stand out in the first three debates in some way the way Carly did, the way Marco did, I think you've got very little chance if you're trailing way behind. So the pressure is on them in some way to do something spectacular. Very hard to do in a field of 10 or 11.  

KELLY: Mm-hmm. Charles, it's always great to hear you. Thank you for being here.  

KRAUTHAMMER: My pleasure.  

KELLY: Well, as Charles mentioned, the issue of religion is blowing up on the campaign trail right now as Donald Trump continues to question Dr. Ben Carson on the issue of faith. Some fired up Iowans weighed in on that today. And Brit Hume is next on that and the new controversy involving Hillary Clinton playing the gender card.

Plus, the poll we shared at the top of the hour had some dramatic new numbers on the anger among the American voters right now. Glenn Beck is here in a rare "Kelly File" appearance. Hi, with his take on the 2016 field and what may end up driving the final decisions.

And then, we have a new video tonight on one of the top stories in the country. A confrontation between a classroom cop and a high school student. We'll slow it down and we will look at what really happened as the DOJ launches a civil rights investigation.




UNIDENTIFIED MALE: Put your hands behind you back. Give me your hands. Give me your hands.



KELLY: Breaking tonight, deja vu all over again. As two 2016 republican frontrunners clash on the issue of religion. It wasn't that long ago that Donald Trump was complaining about Ben Carson after reporters pressed the doctor on the difference between the two men and Dr. Carson appeared to point to his own faith. Now it is Trump raising the faith issue as he questions Carson's membership in the church of the Seventh Day Adventist. Listen.  


TRUMP: I'm Presbyterian, can you believe it? Nobody believe I'm Presbyterian. I'm Presbyterian. I'm Presbyterian. Boy, that's down in the middle of the road, folks, you know, in all fairness. I mean Seventh Day Adventist, I don't know about. I just don't know about it.  


DR. BEN CARSON, R-PRESIDENTIAL CANDIDATE: It's kind of interesting because the conflict that we had a couple of months ago is he thought I was questioning his faith and he went ballistic on that, so it seems a little interesting that he would now be doing that. You know, I really refuse to really get into the mud pit.  


KELLY: Donald Trump is not only refusing to back down on his comments about Carson's faith, he added to the controversy when he went out the very next day and made this promise.  


TRUMP: You know, a lot of people think, well, I'm sort of a tough guy. And I actually think I'm a really nice person but some people say, oh, he's tough. I'm going to unify. I get along with everybody. I will be a great unifier for our country.  


KELLY: Brit Hume is our Fox News Channel senior political analyst.  He joins me now. Brit, you know, it wasn't that long ago that Carson hit Trump on his faith and then Carson quickly came out and apologize for doing that. And this is what Donald Trump said then. Listen.


TRUMP: In all fairness to Ben, Ben hit me on my faith. You don't hit a person on faith. I don't know him. He knows nothing about me. And he was nice enough to apologize. He actually apologize which is nice. Most people won't do that. So, I respect that.


KELLY: Most people won't. And certainly he hasn't.  

BRIT HUME, FOX NEWS CHANNEL SENIOR POLITICAL ANALYST: What he said Megyn of course that, what he said was, he didn't know about the Seventh Day Adventist.

KELLY: Uh-hm.

HUME: But in the context in which it occurred when he described what mainstream protestant he himself was, for him to say Seventh Day Adventist, I don't know is a little bit like, you know, the way you used it as a common expression, I don't know about that. It's not a positive comment.  

KELLY: Uh-hm. And today, there was an article suggesting that Iowans are predict, this is in a Des Moines Register that that will fail in Iowa because even though there is some suspicion among some evangelicals of that church, they don't like to see a man attacked for his faith. And, of course, Trump denies that he has done it. I mean, the question here Brit is really to Donald Trump's second question there which is, I'm going to be a unifier and whether the Republicans tomorrow night in that audience, both on television and in the room are going to believe that. If he continues to attack his fellow Republicans in the manner we have seen.

HUME: Well, that's right. And I think that you know, to some extent, he's got in a way in doing that, all the while saying, he's not doing that.  But I think it's a very interesting question as we face a debate when for the first time there's at least some polling evidence that suggests that he's not leading the pack in the way he has for so long. There are two polls out now, the once you mentioned earlier that show that. So, the question he faces is, how am I going to deal with the fact that Ben Carson is gaining on me. This soft-spoken man who, you know, has had a following for some time but it seems to be growing. How does he stem that? He hasn't face that problem before.

KELLY: Uh-hm.

HUME: And for him now to claim he's a unifier, I think what he feels is been most effective for him is to whale away on everybody that comes along that he thinks is an important rival. He did it with Jeb Bush. I think he believes it's a great effect. The poll suggests that that's true.  He says that he never hits unless he hits first. Well, he's faces the question now is, what he's going to do now that he's not leading. Is he going to start hitting first? It looks to me as if he is.

KELLY: Is it a make it or break it night for anyone on that stage tomorrow?

HUME: Well, it's hard to know. I mean, I'd like to know how much money they've all got. That's what usually -- Megyn is these people don't drop out of presidential races because they've decided just on the basis of the issues that they can't win. They drop out when they run out of money.  And they run out of money when their support has dwindled to the point where they can't raise any. Some of these candidates are in the low single digits. It's hard for me to imagine they're able to raise much money. And we're coming very close Megyn to the point where you need money to campaign effectively even though you're doing it at one state at a time. It takes money. It will take money in Iowa. It will take money in New Hampshire and it will take even more money in the larger state of South Carolina which is the third one on the schedule. So these candidates that are way down in the polls, they need to do something to change the way things have been going and they have failed to do it so far.  

KELLY: Well, who could emerge as the real victor? I mean, we haven't seen Ben Carson really fired up at this debates although he's had a couple of zingers that have served him very well after our debate, the Fox News debate. Ted Cruz always puts in a steady performance but never gets a huge poll bump. Who's the one who could really emerge tomorrow night?

HUME: I would say that you would have to keep your eye on Rubio who's made steady progress but I think you also very much Megyn, have to keep an eye on Ted Cruz. He's on paper at least an insider. But he's been such a thorn on the side of the now hated establishment of Republicans in Washington. That I think he's someone that the people there supporting Trump and perhaps supporting Carson as well could look at as an outsider.  He's dazzlingly articulate. He's a very effective advocate. It's not going to hurt him at all that he's absolutely despised by members of Congress on both sides of the aisle.

KELLY: Right.

HUME: Okay, that would be a point in their eyes in his favor.  

KELLY: OK. I've got to ask you about Hillary Clinton. So, Bernie Sanders in the last debate talked about her argument and the argument on gun control. And said, look, all the shouting in the world isn't going to do what I would hope all of us want, and that is to keep guns out of the hands of the people who shouldn't have them. This is what she said about this a couple of days ago.  


HILLARY CLINTON, D-PRESIDENTIAL CANDIDATE: I've about been told to stop shouting about ending gun violence. Well, I haven't been shouting but sometimes when a woman speaks out, some people think it's shouting.


KELLY: So, she's played the gender card.  

HUME: Oh, for Pete's sake.

KELLY: For Pete's sake.

HUME: Oh, Megyn, I mean, you know, she's in danger of having people that thinks that's the only thing that recommends her for the presidency, the fact that she's a woman. She talks about it constantly. She answers questions that are not on that subject by answering about that. And she did, when someone asked her, what would be different about her, you know, about her presidency from Obama's in the debate. She said, I'm a woman.  That's a big difference, she said. Well, it is. But that doesn't mean that she would be different on policy. She plays this card all the time.  I'm not sure it's effective. And what's more is Bernie Sanders has talked about people shouting at each other since the beginning of this campaign.

KELLY: Uh-hm.

HUME: It's one of his themes. And for him to say what he said was perfectly natural and it wasn't directed that I can't see at her. But, you know, she looks at an opportunity to say, hey, I'm a woman. Vote for me.  Every chance you get, and I think people will see as that.  

KELLY: Uh-hm. And we went back and look at him and he said it repeatedly. And he says it in particular with respect to the gun rights debates. He used that term shouting.

HUME: Right.

KELLY: Not just about her but about everyone involved in this. So, anyway, always great to see you.

HUME: Thanks, Megyn.  

KELLY: Well, tomorrow night's debate is focused on the economy but a new poll shows that is not issue number one with an angry group of voters.  

And Glenn Beck is next on what he thinks will drive the rest of the Republican race.  

Plus, we'll ask him about the new controversy involving a Left wing.  I mean she's about as far Left as they come. TV host and her message for hard-working Americans. It goes something like this. You're not.  

And then later, a warning from the FBI after the bureau finds evidence of a Halloween plot against Police Departments across this country. Stay tuned.


KELLY: Breaking tonight, new polls from CBS tonight show how angry voters are with the political class. Seventy six percent of Americans and not just Republicans say they're either dissatisfied or downright angry about how things are going in Washington. On top of that, three in four Republicans say, our government is not working the way it's supposed to because of fighting and gridlock and then there's clearly something that has Americans upset. An answer the pollsters have not picked up on. When asked to identify the most important problem facing America today, the largest percentage, three times the percentage of the next response say the largest problem facing this country is other. What the heck is "other?"

Glenn Beck knows, he's the founder of "The Blaze." A number one New York Times bestselling author and he's now out with a new book for the Christmas season called "The Immortal Nicholas" which we're going to talk about a bit.

Glenn, great to see you. Other. What the heck is other?

GLENN BECK, AUTHOR, "THE IMMORTAL NICHOLAS": I have absolutely no idea. No idea. I will tell you this, Megyn, as I was listening to you here. I think all your guests so far have made really, really good points, but when you look at the anger, what's happening is I really watch the democratic debate and I really listen to them. And the one who stood out to me that I think is the one that every republican candidate should listen to is Bernie Sanders. Takeaway everything of what his solutions are because his solutions just don't work. You know, he says we need to be more like Denmark. The Danes are running away from socialism. They can't get away fast enough.

They say we should be more like Europe on guns. There's a story out today that Europeans are clamoring for guns now because they feel unsafe and they're trying to get their governments to listen to them. Here's what Bernie Sanders says, the Republicans need to pay attention to. He said -- if he said it once, he said it ten times version of this but mostly this.  The way capitalism is being done or the way Washington is functioning or the bailout of the banks, it's immoral.

And I thought to myself, listen to him. He's talking about morality and he always followed it with it's immoral and everybody knows it. That's what people are angry about. They know that the crony capitalism, they know that the fix is in, for instance with Paul Ryan. He was sending out invitations to his congratulations party on Thursday. He was sending them out on Monday. The fix is in. And people know it. And they know the way things are happening right now or tomorrow.

KELLY: Have I lost my mind or are you agreeing with Bernie Sanders right now?

BECK: I'm agreeing with him that what's happening in our country is immoral. I don't agree with his solutions at all.  

KELLY: Okay.  

BECK: And you know what? Ronald Reagan knew this. Ronald Reagan talked about things as black and white. Taxes, higher taxes. It's immoral to take more money from people.  

KELLY: Bernie Sanders is okay potentially with up to 90 percent taxes. Ninety. He's going let you keep 10 percent of your money, Glenn.  

BECK: I know. Wait a minute. That's why I say, don't agree with any of his solutions. I agree with what he's connecting with is the same kind of thing that Donald Trump is connecting with. And I don't agree with Donald Trump at all. But what he's saying is, he's just playing into the outrage. Ronald Reagan had it right when he said higher taxes are immoral, the way people are treating each other, it's immoral. You know, the way we're treating our veterans at the V.A., it's immoral. We know that. So he's playing to the low information voter that doesn't really know what socialism is. And he's saying, you know it and I know it, your gut tells you this is wrong. And that's why we have to get. You know, the GOP with Paul Ryan, I think the GOP may have -- with the Paul Ryan move, may, may have, lost the election and lost their party with that one move.  

KELLY: Wow. Because you feel they abandoned their commitment to conservatism?

BECK: Yes. Yes. They have got to get -- if you listen to his speech -- first of all, Mitt Romney held a meeting up in the mountains with all of the candidates unless you were for -- unless you were for amnesty. So people like Ted Cruz weren't invited, but all the others were invite. And you know who his featured speaker was? David Axelrod. And in that speech two of the republican nominees was, look, the next president is just going to be a good manager. Well, that's progressivism 101, and that's exactly what's happening in Washington. The choice is, do you believe in managing your life yourself or do you believe that the President should just manage the government and the government should manage you?

KELLY: This is interesting because I had a long interview with Charles Koch, and this is what he was saying about what he believes is at the core of the frustration of the American people. You are saying the same thing that he was saying and he took issue with Hillary Clinton in particular on this saying he just doesn't agree with her world view. Do you -- let me ask you about her. Do you believe -- looking at the GOP field now and the way things have gone thus far, do you believe she's likely to be the next president of the United States?

BECK: I don't know. People are so -- when I saw people cheer and say Benghazi doesn't matter, that scares me. No matter, if it was Ronald Reagan that would have done that, I would have said, we need to stop this.  And not just because she lied about it. She knowingly lied. She knowingly lied. I mean, you remember -- Megyn, how everybody revered Cindy Sheehan because she was a mom and she was speaking out. Well, what about the mothers of the people who were lost?

KELLY: Right. Patricia Smith.

BECK: And then they were lied to by their face. Does nobody care about that? For the first time in American history we abandoned people.  We can help them. We can save them and for political reasons we say, no?  This is immoral and people know it. And if we choose to put immoral people -- and they're on both sides. If we choose to put immoral people in, my prediction is we will not be destroyed. We will turn into the darkest nation ever to grace the earth. We're going to be a very bad nation because of the things that we have at our disposal.

And if things don't matter to us, if right and wrong doesn't matter, gosh, there was the video that came out about Planned Parenthood yesterday, and in this video, they're talking about how the Planned Parenthood clinics were taking babies and putting them in garbage disposals. And they said if this ever comes out on the front page of "The New York Times," we're dead.  Well, that's on tape. "The New York Times" has it. They've chosen to say and really kind of the American people have kind of gone along with it, like, it doesn't really matter, it does.  

KELLY: I've got stand you by even though --

BECK: Yes.

KELLY: -- clearly there's more to discuss. Thank you for the first segment.

BECK: Thank you. You bet.

KELLY: But we're not done with Glenn quite yet. Because ahead, we're going ask him about the moment a far left cable news host who got very upset over someone using the term "hard worker." That's now apparently politically incorrect.

Plus, the FBI and the DOJ are now investigating a confrontation in a South Carolina classroom. After a video emerges, showing an officer slamming a student at her desk, but some new details have emerged tonight and Mark Eiglarsh and Arthur Aidala are here to get to the bottom of what really appears to have happened.


SHERIFF LEON LOTT, RICHLAND COUNTY SHERIFF'S DEPARTMENT: She bears some responsibility, if she had not disrupted the school, disrupted that class, we will not be standing here today.


KELLY: Breaking Tonight. The FBI and the Department of Justice is opening up a civil rights investigation in an altercation in a South Carolina classroom. They announced the probe less than 24 hours after a video surfaced, showing a school resource officer forcibly removing a female student from her desk after she refused to leave the classroom three times. Now tonight, new details are emerging. And Trace Gallagher has those live in our west coast news room. Trace?

TRACE GALLAGHER, LOS ANGELES: Megyn, there are three videos. We're about to show you the second one and we have not seen the third one. They all lack context because they don't show what led up to the actual confrontation, but by all accounts, the female student who has not been identified was on her cell phone and was asked by the teacher and then the vice principal to hand it over. She repeatedly refused. Now here's the second video where the deputy confronts her. Now it's hard to hear, but watch and listen closely.



UNIDENTIFIED FEMALE: I don't know you.

FIELDS: You don't know me? OK, you're gonna come with me or am I gonna make you? Come on. I'm gonna get you up.


GALLAGHER: You can see that's when Deputy Ben Fields reaction throws her down. The school superintendent, the school board, and the sheriff all say the video is disturbing, but the sheriff also says the third video, which again, we have not seen, shows the girl may have started the confrontation. Listen to the sheriff.


LOTT: It just shows that is when the officer puts his hands on her initially, she reaches up and she pops the officer with her fist. There's no question about that. But again, does it not justify the means? Does that justify what we did? And that's what I have to look at.


GALLAGHER: Yes, so according to sheriff, the deputy was hit while he grabbed her and before he grabbed her. The teacher and assistant principal say he's action were warranted. Deputy Ben Fields is also assistant football coach at the high school. And a few years ago, the district gave him an exception role model award before he was campus police. Deputy Fields was sued for excessive force, a jury cited with him. And last year, a student who was expelled accused Deputy Fields or targeting black students. That case goes to trial in January. The sheriff does not believe race was a factor here. Megyn?

KELLY: Trace, thank you. For more on this now, we turn to Criminal Defense Attorney Mark Eiglarsh and New York trial attorney and Fox Legal Analyst Arthur Aidala. Good to see you both. So let's just start with the sheriff. What he -- we can see on the video that after the cop lays hands on this young woman, she punches him in the neck, the head. You can see that on the video. The sheriff -- here it is, watch -- right there. So the sheriff seems to be suggesting that there may have been and -- she may have made contact with him, even prior to that. I -- it's unclear. I want to say that. It's unclear. The sheriff didn't produce that video, we haven't seen that video. So it's ambiguous, but your take on this, Arthur.

ARTHUR AIDALA, FOX NEWS LEGAL ANALYST: I think that any reasonable person viewing this would say that excessive force is being used and a battery, a federal civil battery at the very least is being perpetrated on this high school female student who's refusing to put away her telephone. I don't think there's an educator on the planet earth who would say that was the appropriate way to handle that situation of a student under a blackboard in a classroom. Not only harming that student, Megyn, but you can see -- I think in the first video, when you and Trace showed there's a young girl who's watching this and you can see her shutting her eyes. This is a travesty for everyone surrounding that episode.

KELLY: But just to set the record straight, Mark, it wasn't -- this didn't happen because of the cell phone. That was the initial reason she got in trouble. Then they said she caused a disturbance. The teacher said, "You need to leave." She refused. They called in the assistant principal. The assistant principal said, "You need to leave." She refused. And then they called in the school resource officer. So that is the point to which it had escalated when he arrived.

MARK EIGLARSH, CRIMINAL DEFENSE ATTORNEY: Right. And let me make it clear. I don't agree with everything Arthur says. While we both agree, as reasonable people, that he probably use excessive force by throwing her like a sack of potatoes, let's back up a bit. She did cause a disturbance in the classroom -- by the way, none of this justifies what the officer does. Each thing needs to be look at separately, but she did caused a disturbance which is a misdemeanor in South Carolina. She also refused to leave the classroom, ignoring the teacher, the administrator, and now the law enforcement officer. And what we can see is she committed a felony by battering the officer and also.

KELLY: You can see her head in place.


EIGLARSH: Yeah, and another thing.


EIGLARSH: Arthur, I'm not done. Hold on. We have to keep this fair and balanced, Arthur. Her feet then, if you watch the video, do get stuck. I don't know if it is one foot or two, but that causes him to have to use extra force.


EIGLARSH: Throwing him across the room Arthur, before you say it, is reserved for WWE wrestling. I get it. But before that.


EIGLARSH: You have to put everything in context.

KELLY: OK, go ahead Arthur.

EIGLARSH: Go ahead my bald beautiful brother.


AIDALA: All three of us are parents. If any one of us saw our child, even though the child was a 100 percent wrong.



AIDALA: Being treated like this -- I don't want to make this too personal.


AIDALA: But my friend, Doug would go and choke somebody. My friend Mark would go -- and Megyn would show.

KELLY: That is a good perspective setter. That is a good perspective setter is when you picture your own loved one there.


KELLY: It's much tougher to be, you know.


KELLY: Objective on it.

AIDALA: Megyn, the people here that you and I work within this building because this story has been on all day, who have spoken to, knowing that we were gonna talk about this tonight. Everyone -- I mean it's disturbing to watch.

EIGLARSH: Let me turn the table. Arthur, how about this.

KELLY: Go ahead.

EIGLARSH: Let's say that is your loved one who's the law enforcement officer, hold on. You're not going to justify what he did after he pulled out the chair, but people are saying that he had no right to touch her. There was no basis to apprehend her. And your argument would be, well, wait a second. No, no, no, hold on. She needed to be pulled out of the chair because she wasn't listening. She did batter the officer, that's all I'm making the point here. You have to keep that in the context.

KELLY: Well now some, now some in the community are suggesting this -- he's racist and that he's gone off other African-American students. And yet, the sheriff came out today and said, -- I'm just looking at it, he said, "This cop has never exhibited any racist attitudes and actually has been in a long standing relationship with an African-American woman. And so the charge of race -- you know trying to inject race into this, they say, will not hold.

AIDALA: But there are -- but there are and I'm not injecting race into this, but there two previous court.

EIGLARSH: He did Arthur.


KELLY: He won the first and the other one is unresolved -- ending.

AIDALA: One -- went to a federal trial and one is resolved, so.

KELLY: And he was exonerated in the first one, Arthur. You can't hold that one against him.

AIDALA: I'm not holding it against him, but it's not like he's a police officer who has never been touched with a race card in his whole career.

KELLY: Oh, come on.

AIDALA: This is.


KELLY: That cannot be the standard. People make allegations all the time. The question is.

AIDALA: This is.

KELLY: Can you prove it? Go ahead, Mark.

EIGLARSH: In his opening monologue, Mr. Aidala said any reasonable person.

KELLY: Uh-oh. You're getting mean.

EIGLARSH: Would believe, oh, yes. That this should be a civil rights investigation. We know the color of her skin and the color of his skin. Is that all it takes now? With nothing additional, is that all it takes, Arthur?

AIDALA: Well OK. Megyn, this is want I'm gonna ask. Let's have even (inaudible). If this administration, if the Obama administration is going to have an civil rights investigation into Ferguson, Missouri, when a police officer had every right stop Michael Brown because he had a description matching a robbery. Then here, they definitely have to have an investigation when you have a police officer going -- a law enforcement officer going after a high school student. If it's good in Missouri, then it's got to be good here.


KELLY: He's been suspended without pay -- I want to say that. He's been suspended without pay and even the sheriff has said, you know what's on the tape is worthy of investigation. That's why he brought the feds in because he didn't want.

AIDALA: Good for him. Good for the sheriff for doing that.

KELLY: Any allegation of conflict of interest because this is his guy. We'll continue to follow it, great to see you both.

AIDALA: Thank you, Megyn. I like your haircut. You look like me.

KELLY: Oh thank you. Thank you very -- whoa. Whoa. What did he just say?

Up next, Glenn Beck is back and he has something interesting thoughts on the cop versus the student in South Carolina. Plus, he will weigh in on the cable news host who became very upset when the term hard worker was used to describe a republican congressman.


MELISSA HARRIS-PERRY, MSNBC HOST: I want us to be super careful when we use the language hard worker because, I mean, I actually keep an image of folks working in cotton fields in my office wall because it is a reminder about what hard work looks like.





FIELDS: Put your hands behind your back. Give me your hands. Give me your hands.


KELLY: Well, you just heard Mark and Arthur debating that confrontation between a classroom cop and a high school student. The media, very focused on that cop's behavior, but Glenn Beck has a different take. Glenn is back with us now, Glenn, your take on it.

BECK: Yeah, I mean, Megyn, you are far too lovely to even speculate at your age and you're far younger than I am. But in my day, as an old man now, if I would have come home and there was a video of me sitting in that chair, my parents would have said to me, "What the hell were you even saying that brought that cop -- why did does somebody have to call a police officer in the first place on you?" And my parents wouldn't have listened to my plea. They would have watched this and said, "First of all, they were called into the classroom because of you, second of all, he said to you, get up, come with me. You obey the police officer, period, no ifs, ands, or buts." The police officer is being put in an absolutely no-win situation. And we're sitting around speculating on what he did. What about the teacher? What about the school? What about all the other teachers in all the other schools that now this is being seen on television and they know, all I have to do -- I can punch a police officer, I can resist arrest, and the cop's going to get in trouble. This is an absolute ticket to anarchy, which is exactly what many in our country would like.

KELLY: You know -- you know how it is. Even if you're just saying that has people saying, racist.

BECK: I don't care. I don't care. I mean, you can call me whatever you want. Megyn, people have called me everything from under the sun. We're in place in America, that if we don't start reattaching ourselves to each other and attaching ourselves on commonsense values, this is nothing. All the world is but a stage. We're watching dramas and stage shows played out in front of us in the guise of politics or whatever.

KELLY: You would think one of the things that would bind us together would be, you know the committed to being intact -- having integrity, being hard-working and yet, that term is apparently no longer allowed...

BECK: Again.

KELLY: I give you Melissa Harris-Perry.

BECK: Go ahead.

KELLY: Watch.


HARRIS-PERRY: I want us to be super careful when we use the language hard worker because, I mean, I actually keep an image of folks working in cotton fields in my office wall because it is a reminder about what hard work looks like. I feel that he's a hard worker -- I do, but in the context of relative privilege. And I just want to point out that when you talk about work/life balance of being a hard worker, the moms who don't have health care, who are working on -- that I mean.


HARRIS-PERRY: But we don't call them hard workers. We call them failures.

No, really, we do. That really what you guys do.

AGUILAR: But that is very unfair.


KELLY: You, as a party for the Republican Party.

BECK: Let me ask you this. Who call a hard-working mom a failure? Who calls a stay-at-home mom a failure? Usually it's the left that mocks and ridicules and belittles people who make a choice to stay home to raise their children. That's the hardest job ever. And another thing, I'm sorry, but I think you have some sort of a problem, a deep-seated problem somewhere, where you're putting a picture of slaves on your wall to remind you that that's hard work. That should remind you of slavery, of something really, really bad. That's not hard work. That's slavery.

KELLY: You raise an interesting point. This is the same woman who, you know where to, you know (inaudible) I don't know, as if -- she's gone to some weird places. Finally, I want to end on a beautiful note.


KELLY: I want to end on a beautiful note, which is Glenn Beck has written a beautiful book called The Immortal Nicholas.

BECK: Thank you.

KELLY: And this -- this is perfectly time because we're coming up on Christmas and you -- explain what you did.

Beck: Well, here's the thing. If we don't -- as people of faith and people of conservative values, don't start to come back and tell stories. We stink at telling stories. The left -- that's all they do. They don't have any facts. They just tell stories. And we have to become good story tellers. And we can complain about Santa, the over-sanctification. We can talk about the commercialization of Christmas, but instead, four years ago, I started writing a story for my children about Santa. And where did Santa come from? How did he become immortal? And it revolves around -- it's very much like a Ben-Hur, if you will. Where I take this guy who has lost everything, the opening chapter starts with him losing his son. He's lost everything.

KELLY: And you give him a meaning.

BECK: Give him meaning, he becomes Santa. It's a great story for Christmas for the whole family.

KELLY: Absolutely right. It gives -- it repositions it.

BECK: Right.

KELLY: Just exactly where it's supposed to be and you make a great guest.

BECK: Good to see you again.

KELLY: The Immortal Nicholas. Thank you, great to see you, Glenn. Don't go away.


KELLY: Well, a warning has been issued to cops nationwide by the FBI to watch their backs this Halloween, joining me now from the west coast news room with the latest, Trace Gallagher. Trace?

GALLAGHER: Megyn, our cousin publication, The New York Post said the anarchy is group it's called the National Liberation Militia and the FBI believes it might be planning to use Halloween as cover to attack police officers. The plan apparently is for members of the anarchist group to dress in typical Halloween costumes, cause a disturbance and then when police show up to help, ambush the officers. There are no threats to any specific department around the country. The FBI issued the warning quote, "As part of our continuous dialogue with our law enforcement partners, the FBI routinely shares information to better enable law enforcement to protect the community they serve. We urge the public to remain vigilant and report suspicious activity to law enforcement. Anti-police sentiment across the country may be at its highest point ever and cop targeting has sadly become a common headline." So far this year, we found at least 32 police killings from New York to California. Last weekend in New York, there was an anti-police rally where Director Quentin Tarantino called cops, murders. That rally was held just days after a New York City police officer was gunned down after responding to reports of a shooting in East Harlem. Megyn.

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


KELLY: We are already getting lots of feedback on Facebook on Glenn Beck's comments about the student's behavior in that South Carolina classroom. What do you think? Go to with your thoughts. And speaking of Facebook, Fox News is the top U.S. brand on Facebook.


KELLY: For the third quarter of 2015. Holler. Beating out brands like Busby, WWE -- and MTV, and that's all, thanks to you. So do you have already text it out, head to or /thekellyfile. And on Twitter @megynkelly. Let me know what you think, getting comments like this from folks. That seems cop would arrest any parent he saw doing that. And there's another man who says Glenn Beck is the effin (ph) man.


KELLY: I'm Megyn Kelly, thanks for watching.

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