This is a rush transcript from "The Kelly File," December 1, 2015. This copy may not be in its final form and may be updated.
MEGYN KELLY, HOST: Breaking tonight, a dramatic twist in a police shooting that has rocked one of America's most violent cities. As the mayor of Chicago, a man known as one of the President's closest confidants, faces new calls for an expanded investigation by the DOJ and a growing chorus of critics demanding that he resign.
Welcome to "The Kelly File," everyone. I'm Megyn Kelly. Just hours ago, Chicago Mayor Rahm Emanuel fired his police chief in a move critic say was designed to save his own job. Chicago has dealt with days of protests after police last week released a video of a white police officer shooting and killing a black man Laquan McDonald 16 times. Video that took more than a year to release to the public and that was only after it came out pursuant to a court order. Once a reporter pushed a judge. As of today, the Illinois Attorney General is now asking the Department of Justice to launch a civil rights investigation into the Chicago PD and its handling of this case.
While Justice started looking into this particular shooting last April, Laquan McDonald was actually killed six months before that in October of 2014. That's leading to questions about why it took the DOJ half a year to get involved in Chicago when it took just two days for the department to respond to police involved shootings in Ferguson, Missouri and Baltimore, Maryland. What's more, some media outlets are now asking if the city's slow walked this investigation to get past a tough re-election fight for the mayor last winter. A campaign where the President himself went to Chicago to rally votes for Mayor Emanuel. Remember, during the President's first term, no one was arguably closer to Mr. Obama than Rahm Emanuel. And he made a lot of political enemies with his combative take no prisoner style. One more reason why the mayor's news conference this morning immediately became one of the biggest stories in the country.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Why is this task force's report not due until after the primary? There seems to be a political decision.
MAYOR RAHM EMANUEL, D-CHICAGO: No. I beg to differ. First of all, I think if you know, the work that I -- I just said this to them. If they could get it done earlier, great. That's the deadline.
UNIDENTIFIED MALE: Why is it you have not acted on this issue until now when the judge forced the release of this video and forced you to act?
EMANUEL: Well, I just -- as I could, beg to differ with that.
UNIDENTIFIED FEMALE: Mayor you have answered the calls for the superintendent's resignation. Why not the calls for your own resignation?
UNIDENTIFIED MALE: Wasn't it clear to you --
EMANUEL: Thank you.
(END VIDEO CLIP)
KELLY: In moments, Kevin Jackson and Richard Fowler are here on set on the political fallout. But first, Mike Tobin reports live from Chicago. Mike?
MIKE TOBIN, FOX NEWS CORRESPONDENT: And Megyn, although this announcement was a bombshell, people saw this coming. It seems the only one who was really surprised was Garry McCarthy himself. He made the rounds on local radio this morning insisting that he would not step down. Hours later, the mayor demanded his resignation. Mayor Rahm Emanuel however could not give any specifics as to why McCarthy had to go. Saying only that he had become an issue instead of handling the issues. That McCarthy was a distraction. Mayor Emanuel was referencing the loud public cry from demonstrators, the minority leaders that there had been a cover- up. One of the best columnist in Chicago, John Kass wrote that the case was stalled to get Emanuel through re-election. So, as the demonstrators were calling for McCarthy to be fired, right from the first night of the demonstrations if you'll remember, they have also been calling for the ouster of the State's Attorney Anita Alvarez and Mayor Emanuel himself.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Rahm Emanuel needs to be impeached. He knew this happened 12 months ago. Rahm Emanuel needs to be impeached today.
(END VIDEO CLIP)
TOBIN: Now, one of the things Emanuel said today that a police officer, meaning McCarthy, is only as effective as the trust he has from the people he serves. Well now you have minority leaders, you have the people marching on the street, you have op-ed columnists in both local and national papers insisting that Mayor Emanuel has lost the trust of the people he serves -- Megyn.
KELLY: Mike Tobin, thank you.
Joining me now with more, Kevin Jackson, executive director of the TheBlacksPhere.net and Richard Fowler, a nationally syndicated radio host. Thank you both so much for being here. So, the question is whether there is some different treatment of what we're seeing now in Chicago and with the Chicago PD by this administration than what we saw in other cities that don't have happen to be run by one of the President's closest confidants. And I'll just give you some of the stats. Two days after Michael Brown was killed, in Ferguson, Missouri, Eric Holder came out and said, this case has to be reviewed.
President Obama commented the next day. One week later, Eric Holder was in Ferguson. One month later, the DOJ had announced the pattern and practice investigation of the entire city of Ferguson. Similar stats happened out of Baltimore after Freddie Gray was killed. But you go to Chicago and it took six months for them to announce any DOJ involvement. Six months. And we haven't heard the President making a deal out of this, or Loretta Lynch -- Kevin, I'll ask you.
KEVIN JACKSON, EXECUTIVE DIRECTOR, THEBLACKSPHERE.NET: Amazing commentary. When you look at Ferguson, it turned out in fact that Ferguson was wrong. I mean, they were wrong about what happened there. So the idea that Rahm Emanuel -- this is a political cover-up at the highest level. Barack Obama is complicit in the sense that he should have come and made a statement about this. I know Richard is going to disagree but this is one --
KELLY: He made a paper statement this week.
RICHARD FOWLER, NATIONALLY SYNDICATED RADIO HOST: The President did release a statement about this.
KELLY: This week.
FOWLER: Right. And I think --
KELLY: Not two days after.
FOWLER: No. But I think --
KELLY: He didn't send his Attorney General to go on the ground in Chicago within a week like we saw in Ferguson.
FOWLER: Don't get me wrong. I think that Rahm Emanuel clearly and -- the Chicago City government has some cover-up here. It took 13 months for an indictment. The prosecutor seems to be at fault. But in Baltimore, let's talk about Baltimore specifically, the mayor asked for the Department of Justice to come in right after. He said, I'm asking for the Department of Justice to come and engage in an investigation. Today was the first time anybody -- any official from Illinois has asked for the Department of Justice to come --
KELLY: DOJ went in six months ago. The question is, why did it take them six months to get there unlike these other cases.
FOWLER: There was a political cover-up at city hall. That's very obvious.
JACKSON: He is bolstering exactly what we are talking about here.
FOWLER: What am I bolstering?
JACKSON: Well, the fact that the Baltimore Mayor called in DOJ and did Rahm Emanuel call in DOJ? No. Because Rahm Emanuel --
FOWLER: Exactly. That's the problem. But to paint the White House here -- I don't think that's fair to paint the President or Loretta Lynch when they were not called in --
KELLY: Do you not see a difference in treatment, Richard?
FOWLER: Not at all. I think it's the job of the mayor to call for the Department of Justice to come in.
KELLY: That didn't happen in Ferguson.
JACKSON: That didn't happen in Ferguson.
FOWLER: But the Governor did. The Governor did in Missouri.
JACKSON: He did not.
FOWLER: The Governor --
KELLY: You are telling me --
FOWLER: He did.
KELLY: Two days after Michael Brown was killed, Eric Holder said this case must be reviewed. Two days after.
FOWLER: There's a distinction in the two cases. And I think you can't compare apples and oranges here. In this case the video was not released to the public. The police department held on to the video. Meaning, the Department of Justice couldn't see it either.
KELLY: Do you think the DOJ hadn't seen it six months -- until six months after the --
FOWLER: I think when the DOJ saw the video, nobody knows --
KELLY: You have no idea. You have no idea. You don't know what the DOJ saw.
FOWLER: No, I hears you -- if they did --
KELLY: The question is whether there's a double standard when it involves a friend of the President.
JACKSON: And there absolutely was a double standard.
FOWLER: What is a double standard?
JACKSON: Well, let's look at what happened in Ferguson immediately. The DOJ comes in and they start looking at e-mails.
FOWLER: Because of a dead body was on street for four hours.
KELLY: Because the city of Ferguson wasn't run by the President's former chief of staff. That's the allegation.
FOWLER: I agree. Listen. I agree that there's problems at City Hall. I think everybody agrees that.
KELLY: There's problems at the White House in different treatment depending on whether his friend is running the city.
FOWLER: Megyn, I think that's absolutely ridiculous. This is preposterous to believe that Loretta Lynch, without getting all the information in a timely manner, could make a distinction --
JACKSON: She didn't have all the information about Ferguson -- and it turned out that --
KELLY: Go ahead. Give him a chance. Go ahead, Kevin.
JACKSON: It turned out Ferguson was wrong. And I heard Richard on your show the other day, still bringing Ferguson up.
FOWLER: Look, if you read the Department of Justice --
JACKSON: It was proved --
KELLY: Let him finish.
JACKSON: It was proven that they were wrong. They jumped the gun and they did everything being asked of Rahm Emanuel which he admitted he handled it wrongly.
JACKSON: But the reason he is able to get away with it up to this point is exactly what --
KELLY: Can I say, in Rahm Emanuel's defense, we do not yet know whether he handled it wrongly. He says there was a reason for the delay. That there was an investigation under way that's been rejected so far. But time will tell whether in fact he was in the right or the wrong about that. But right now, what do you think? Does he survive this?
FOWLER: I don't know. I think we have to see what happens. Listen, his mayoral race was very, very close. So he's up against the Commissioner Chuy Garcia who was the first time that a Democrat and Democrat were in the primary together. Right? So, I think he has a -- he has a tough road. Whether he will going to resign or not, I think that's up for --
KELLY: But more and more people --
FOWLER: How do you know that?
KELLY: More and more are now saying that he needs to step down.
KELLY: Do you believe that, Kevin? I mean, or should we let the facts play out? Have we seen enough?
JACKSON: I believe we have seen enough. Look, first of all, it's a scapegoat that he fired --
FOWLER: They want the facts -- but they don't know the facts --
JACKSON: Well, look. Okay. But what has he done? Who is in charge of the police force? The mayor.
FOWLER: And he fires the police --
JACKSON: Instead of taking responsibility for what he did, which is he is the one who is supposed to assign --
FOWLER: The buck stops with the head of the Police Department.
KELLY: Really? You think the superintendent of the police was the one making the decision about whether to release the tape and not the mayor?
FOWLER: None of us know that, Megyn. There's nobody in City Hall --
KELLY: You just said the buck stops with the superintendent.
FOWLER: The superintendent is in charge of the police department.
KELLY: Who is his boss?
FOWLER: And the mayor is his boss.
KELLY: Richard --
FOWLER: I'm not -- I think -- I'm not defending Rahm Emanuel at all here. I think that there is --
JACKSON: But you're defending the principles around Rahm Emanuel --
FOWLER: No, I'm not defending a cover-up.
KELLY: Kevin's position is that that was a window dressing firing because the mayor is the one ultimately --
JACKSON: That's where the buck stops is with the mayor. You don't want to admit that but it's Rahm Emanuel. And by the way, it's Rahm Emanuel who is allowed the level of violence that's occurring in Chicago streets to happen. Not the police commissioner. If he wants those folks to actually go out and do their jobs, he can do it.
FOWLER: So, what are you asking for Rahm Emanuel to do here to stop the violence in Chicago?
JACKSON: I think he should allow the police to do their job.
KELLY: He has invested 40 percent of the city's budget in policing.
FOWLER: That's true.
KELLY: Forty percent.
FOWLER: They have taken more legal guns off the street.
KELLY: What my point is, he has tried.
FOWLER: They have. It's tough.
KELLY: Chicago is a cesspool where, you know, a nine-year-old was just executed by a gang.
FOWLER: Listen --
KELLY: I got to go. But Chicago has got some major problems despite a lot of money being poured in.
FOWLER: I agree.
KELLY: Good to see you both.
JACKSON: You too.
KELLY: Also tonight, new cries from some on the Left doubling down on suggestions that pro-life campaigns contributed to the deadly attack on a Planned Parenthood clinic. And now, President Obama himself is weighing in.
Tony Perkins, president of the Family Research Council is here with a reminder of how the Left reacted when his conservative organization was attacked by a gunman.
Plus, Carly Fiorina is here to answer her critics in the wake of the deadly Colorado shooting and suggestions that she may somehow share some of the blame.
Plus, a mother and her son go missing after striking gold in Montana. And now a month later, police find a disturbing discovery. Mark Eiglarsh and Arthur Aidala are on this case, just ahead.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: We developed a person of interest. That individual moved up to a higher person of interest. >
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
PRESIDENT BARACK OBAMA: I say this every time we have one of these mass shootings. This just doesn't happen in other countries.
(END VIDEO CLIP)
KELLY: That was President Obama earlier today addressing the deadly shooting at a Planned Parenthood office in Colorado. It comes amid increase suggestions from some on the Left that pro-life campaigns contributed to the deadly assault by a mad man. Earlier today, on the Colorado State House grounds, some advocates for abortion suggested as much, including one woman who said she had been near the scene of two shootings, the Planned Parenthood won last week and another in 2007 and both attacks had something in common. Watch.
(BEGIN VIDEO CLIP)
LESLIE HEROD, D-COLO., HOUSE CANDIDATE: Both incidents were perpetrated by white men who desperately needed mental health services. Both men were fighting against progressive ideals like choice. Today we call on right wing politicians across the state and the nation to stop their false attacks on Planned Parenthood and to apologize for the lies that are directly contributing to the politically motivated violence in America today. If you are calling women's healthcare providers evil, you are part of the problem. If you are tweeting, Planned Parenthood sells baby parts, you are part of the problem.
(END VIDEO CLIP)
KELLY: Joining me now, Family Research Council President Tony Perkins who knows how it feels to have an organization targeted by a gunman. It happened to his own group just a couple of years ago in 2012. Tony, do you remember advocates right up to the president of the United States coming out and calling on people to tone down the violent rhetoric against causes for which you stand?
(BEGIN VIDEO CLIP)
TONY PERKINS, FAMILY RESEARCH COUNCIL PRESIDENT: No. I missed that. You know, look, nothing justifies this type of violence. Nothing whatsoever. We're very clear about that. And as a former police officer, I have seen the effects of violence. And then as you point out, we have experienced it here. But the Left seems to lose their voice when it's their own people. Just blocks from the White House this attack happened here, the only case of domestic terrorism --
KELLY: On your group.
PERKINS: Prosecuted in the district. On our group here at the Family Research Council. But it didn't fit the narrative. We are a well- established Christian organization. It was a liberal activist who came in with 100 rounds of ammunition, 15 Chick-Fil-A sandwiches. Motivated, inspired by the Southern Poverty Law Center in a city that has some of the strictest gun control laws in the nation. Didn't fit the narrative. And so, the President didn't say a word about it. Didn't even call for stricter gun control laws. He was silent.
KELLY: Uh-hm. And now he is very concerned about the rhetoric that we use in discussing this choice issue. And you heard him there saying, don't demonize Planned Parenthood. I mean, I ask you whether you think the President is in any position to tell the American people whether they should be demonizing Planned Parenthood or not.
PERKINS: Well, Megyn, I do think we need to be introspective. And we have occasions like this, and we need to look at are our words, our actions inciting violence on intentionally or intentionally? And we do need to have civil discussion over these things. But what we're talking about here are facts. People talking about undercover videos that have revealed Planned Parenthood has been trafficking in baby body parties. The Congress is investigating it. There's enough there that Congress is looking into it. Having a discussion about that is not inciting violence, nor is it demonizing an organization. It's fact.
KELLY: But you heard that woman. You are to blame. She said if you say that, you know, baby parts, you are part of the problem. And that there need to be an end to the politically motivated vitriol. But the question is, is it just the politically motivated vitriol that is heard from some corners on the Right or do they feel the same about the Left?
PERKINS: No, I think it's just on the Right. But look, we need to be careful on what we say. However, we cannot surrender our right to speak the truth because of political correctness. Just because something offends the moral conscience because it's wrong doesn't mean we cannot say it and have a discussion about it. And I think we need to have a civil but very candid and honest discussion about what our tax dollars are funding in this country. And that is clearly within the realm of citizens of this country to discuss.
KELLY: Uh-hm. Tony, thank you for being here.
PERKINS: Thanks, Megyn.
KELLY: Got some facial hair now. Haven't seen that on him before. That was new. Coming up next, Republican presidential condition Carly Fiorina who is also taking heat from some on the Left who are claiming that her criticism of Planned Parenthood at that presidential debate may have helped trigger this attack. Tonight, she will respond to those claims.
Plus, did you hear what Senator Ted Cruz today said about Donald Trump and Trump's presidential campaign? Marc Thiessen and former Obama White House Press Secretary Bill Burton on what is looking like the start of a new phase in the GOP race.
(BEGIN VIDEO CLIP)
SEN. TED CRUZ, R-TEXAS, PRESIDENTIAL CANDIDATE: Let me be very clear. I don't believe Donald Trump is going to be our nominee. I don't believe he's going to be our president.
(END VIDEO CLIP)
KELLY: Breaking tonight, Republican candidate Carly Fiorina is under fire for what some are calling angry rhetoric about Planned Parenthood. The controversy that raged around the abortion and healthcare provider over the summer led to talk to fetuses and babies being harvested for their organs. That was the terminology. Rhetoric that some say may have contributed to triggering a man who is deeply disturbed and had some dark intentions.
(BEGIN VIDEO CLIP)
CHRIS MATTHEW, MSNBC HOST: Let the liberal media blame the bad guy and the enemies of Planned Parenthood first and then attack. Don't go first. Because when you go first, you make people think like this guy, that you are enjoying it, like Carly Fiorina seems to be.
CAROL COSTELLO, CNN ANCHOR: It was Carly Fiorina who said falsely that Planned Parenthood was guilty of harvesting a live baby's organs. So, is it this kind of rhetoric that's fueling this mentally unbalanced people to act?
DAWN LAGUENS, EVP, PLANNED PARENTHOOD ACTION FUND: The gunman is now quoted as having said, almost exactly something similar to what Carly Fiorina just said.
(END VIDEO CLIP)
KELLY: Joining me now, Republican presidential candidate and former CEO of Hewlett Packard, Carly Fiorina. Carly, thank you for being here tonight. So, your reaction to that? I mean, among other things online, some on the left are calling you and I quote, "A psychopath because of your words about Planned Parenthood."
CARLY FIORINA (R), PRESIDENTIAL CANDIDATE: Well, you see, Megyn, this is what the Left wing does. They demonize the messenger when they cannot take the message. I haven't used hyperbolic rhetoric about Planned Parenthood. I have spoken the truth. And I will continue to speak the truth. It's funny but I don't recall President Obama being concerned about the rhetoric when people were chanting death to the pigs and we fry pigs like bacon. I don't recall President Obama being concerned about the tone of the rhetoric when he compared Republicans who objected to his very bad deal with Iran as the hardliners like the Mullahs chanting "Death to America." You see the Left wing only gets concerned about rhetoric when they don't like the message. And they try to demonize the messenger.
KELLY: So, the question is, they seem to be focused on you in particular because of the claim you made at the CNN debate about what you said you had seen on these undercover Planned Parenthood videos. And you claimed that you had seen a baby being harvested -- a live baby having its organs harvested, being kept alive so its organs should be harvested. But it wasn't actually established that that is something Planned Parenthood had done. And it wasn't clear what happened with the baby being shown in that video. So, in other words, there was no proof that Planned Parenthood did what you said. That's why they are where they are with you.
FIORINA: No, actually Megyn, the reason they are where they are with me is because I'm Hillary Clinton's worst nightmare. Because I am a conservative woman who stands up for life. Because I am a conservative woman who can effectively combat the line from the Left about the war on women. And of course, we also know that Planned Parenthood has now admitted they have said, we're not going to take compensation anymore for fetal tissue as they call it. Most common sense people would call it body parts. We won't tell compensation anymore for this. So, obviously, they have been doing it. And as I remind --
KELLY: There's a difference -- I get this. I made this point yesterday --
FIORINA: Why is it -- why is it that a taxpayer is funding an organization --
KELLY: I get that. That's something the country has been debating for a long time.
FIORINA: Millions of dollars.
KELLY: I get that but the question to you --
FIORINA: We haven't been debating it, Megyn. We haven't been debating it, actually.
KELLY: Listen. I'm just trying to get an answer to my question which you, the reason they're taking issue with you -- and, you know, Donald Trump is getting -- gets in a lot of trouble for not walking back things he said that are not true or that are to be charitable to him, a mistake. So, the thing they are going after with you is the suggestion that Planned Parenthood harvested organs from live babies.
FIORINA: No, Megyn. What I said -- what I said was that there were videotapes where Planned Parenthood individuals, employees are talking about harvesting baby parties. What I also said is that there are images of fetuses that are born alive. Both of those things are demonstrably true. They are not taking issue with me because I have made false statements. They are not taking issue with me because of the videos. In fact, most of the liberal critics of me and other pro-life advocates have never watched these videos. They are taking issue because they do not like the message.
FIORINA: And this messenger will not be silenced.
KELLY: Well, one of the things that they don't want to be discussing is, you know, that the Planned Parenthood -- they are now saying this Planned Parenthood videos have been debunked, that they have been discredited, that they were somehow manipulated I suppose. I just want to show the audience because time has passed. This is what got people so upset about these videos. These are two examples. Watch.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Exactly. So then you're just kind of cognizant of where you put your graspers, you try to intentionally go above and below the thorax, so that, you know, we've been very good at getting heart, lung, liver, because we know that, so I am not going to crush that part, I'm going to basically crush above, and I'm going to see if I can get it all intact.
UNIDENTIFIED FEMALE: If we want to pursue this mutually I'll mention this to Ian in terms of how he feels about using a less crunchy technique to get more specimens.
(END VIDEO CLIP)
KELLY: Do you ever feel like the outrage is saved up for people like you who have sincerely held beliefs, even if they don't believe with them, agree with them. It's saved up for people like you who spouse them as opposed to trying to understand why about half the country has a real problem if not with the abortion procedure, which does stop a beating heart, then with the callousness with which those women discussed it, which was so bad the president of Planned Parenthood had to come out and apologize for it.
FIORINA: Yes. Well, isn't that the case? And isn't it also true if you look at every pole, what you will find is the majority of women, the majority of young people, the majority of Americans now believe that abortion for any reason at all after five months is wrong. So, I will call on the Senate once again to pass the pain capable unborn child protection act. And I will ask all Americans who are wondering what this outrage is about to examine what the Left wing's policy on abortion is. And here is their policy. Here is their platform. It is not a life until it is born. Most Americans disagree with that.
KELLY: Carly Fiorina, thank you.
FIORINA: Thanks, Megyn.
KELLY: Well, just ahead, what Senator Ted Cruz and Donald Trump just said on the campaign trail that may signal a big change in this campaign.
Plus, newly released e-mails raising new questions about Hillary Clinton's head injury and how her staff was describing it behind the scenes. Marc Thiessen and former Obama White House Press Secretary Bill Burton are here on those developing stories.
Plus, new problems on day two of jury selection for the first of six officers charged in the death of Freddie Gray. Will the cops be able to get a fair trial in Baltimore? Our legal panel is here.
(BEGIN VIDEO CLIP)
MARILYN MOSBY, STATE'S ATTORNEY FOR BALTIMORE: To the people of Baltimore and the demonstrators across America, I heard your call for no justice, no peace. Your peace is sincerely needed as I work to deliver justice on behalf of this young man.
(END VIDEO CLIP)
KELLY: Developing tonight, two big stories involving the White House frontrunners from both sides of the aisle. New release e-mails from Hillary Clinton's private server, raising new questions over her health. Back in December 2012, Mrs. Clinton suffered a serious concussion, and now we see an e-mail from a month later. Critics say it shows Mrs. Clinton was confused. She wrote to a top agency official, quote, "The Brits have just called for their citizens to leave Somalia. What's our position?" The response, "We have a long time published travel warning against all travel to Somalia. It was updated last month." Plus, a possible war of words starting tonight between Donald Trump and the GOP candidate who is rising in the polls, Senator Ted Cruz.
(BEGIN VIDEO CLIP)
CRUZ: I don't think it's good advice for us to get in the business of blasting each other. Now I do think -- let me be very clear, I don't believe Donald Trump is going to our nominee. I don't believe he is going to be our president.
TRUMP: There's one way to get to the top, and it's all through Trump. Let's face it. Even I think Cruz is going to have to hit me, because you know, he's a nice guy. It's going to be a sad day, but we will hit back, I promise.
(END VIDEO CLIP)
KELLY: Marc Thiessen is a Fox News contributor and a former speechwriter to President George W. Bush. Bill Burton is a former White House press secretary for President Obama deputy. OK, great to see you both. So let's just start with Hillary Clinton. Marc, what exactly is the issue? We know she had a concussion, so what is the issue raised by the e- mails?
MARC THIESSEN, FOX NEWS CONTRIBUTOR: Yeah, it's not so much that she had a concussion and whether she is fit for the office, it's that she misled the American people about her condition. I mean, on January 7, State Department spokeswoman Victoria Nuland said when she came back to work, that Clinton was fully recovered. Nineteen days later, we now have an e- mail from her closest aide, Huma Abedin, confiding to another Clinton aide that Hillary was often confused on the job. And this comes on the heels of -- I mean, you can't be both. You can't be fully recovered or often confused. It's one or the other. And Bill Clinton revealed earlier this year, that it took her six months to recover, it really hard work to recover from this concussion. She came back on the job one month after the concussion. So the issue isn't so much whether she has a traumatic brain injury or that she's not fit for the office because of her health. It's another example of Hillary Clinton misleading the American people about it, in this case, about her health.
KELLY: I am in perfectly good health and often confused. I mean.
KELLY: I'm not sure that the case has been made, Bill.
BILL BURTON, FORMER OBAMA WHITE HOUSE PRESS SECRETARY: You know, I think that -- I just think listening to Marc, who I sometimes even agree with, that if you look at this controversy, it shows the state of the whole e-mail situation. If this is the best they can do, pull out an e-mail from an aide, saying that their boss is often confused, I think it would be hard pressed to find a boss across America whose aides don't say that they are often confused about something or another. And this is a woman who is running one of the most important cabinet -- has one of the most important cabinet positions in the entire country, so of course, she's got a lot in her head. And of course, she's not going to know every single travel warning that goes out about every single country in the world. But you know, I think that you will see whether or not Hillary Clinton is confused when you see her on the stage debating other republican.
KELLY: All right. Let me -- when we talk about Hillary Clinton, let me ask you, she's coming out with a new ad, and I think it's fair to say is playing the gender card pretty explicitly. Watch part of it.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Dear Mrs. Clinton. My name is Scout and I'm 9- years-old. I'm so excited you have a chance to become the first woman president. Because from George Washington to Barack Obama, it's ridiculous, that there has never been a female president before, 44 boys are too many.
(END VIDEO CLIP)
KELLY: Forty-four boys are too many, Marc, so -- let me start with you on this Bill, actually. Can you imagine President Obama when he was then Senator Obama doing this with race?
BURTON: Well, I think it's indisputable that it would be a big deal for both little girls and little boys to see a woman president of the United States.
BURTON: I will say that little girl's math is wrong, though, because there are only been presidents.
BURTON: Once or twice, this is why President Obama is 44. Set aside.
KELLY: Stupid kid.
BURTON: Attacking little girls.
BURTON: But, no, look, it is a big deal if Hillary Clinton is elected president.
KELLY: Of course it is. It was a big deal we have black president and your former boss. And you know, you can imagine saying 43 whites is too many?
KELLY: That's why I what to know.
BURTON: It's hard to respond to. It's hard to respond to you, but the truth is, it is kind of too bad that there have been 43 presidents that haven't been women.
KELLY: You tell me Marc whether -- we know she's a woman. We all know she would be busting that ceiling.
THIESSEN: Yeah, you know, actually, I was shocked by the news, that Hillary Clinton would actually be the first woman president. She hasn't mentioned that before. I have never heard her say this. This is breaking news. We can do the Fox Alert. Hillary Clinton would be the first woman president.
KELLY: All right.
THIESSEN: Maybe, maybe, that might be a theme of her campaign if you think about it.
KELLY: Let me give you a review to Ted Cruz and Donald Trump. I don't know if officially the bromance is over, Marc, but Cruz for the first time is saying, "Mr. Trump is not going to be the president. He's not gonna be the nominee." And this is -- this come as he is rising in the polls in Iowa -- coincidence?
THIESSEN: No, not a coincidence. But I don't think we will have a full-fledged food fight. I mean, it think what Ted Cruz has been running a brilliant political campaign. I mean, he is -- he has stayed under the radar. He stayed out of the food fights. He hasn't attacked Trump. He's slowing been building his base. He's been courted the evangelical vote, and while not attacking Donald Trump. And I think he feels that he is the candidate who is in now, he is in third place. Tied for third place nationally, tied for first in Iowa. I mean its working. And he is the candidate who is most natural to pick up the Trump voters -- supporters who might defect from him, because he hasn't attacked Trump, agrees with him on the issues and also can claim to be an outsider who is hated by the GOP establishment, and also his position to pick up Ben Carson supporters because there are most the evangelical. So he is the guy most likely to pick up anyone falling away from the two frontrunners. That puts him in a really strong position.
KELLY: Bill, do you think there -- you know, obviously, you are against all these guys. But do you think there's a realistic nomination that Ted Cruz could become the GOP nominee?
BURTON: I've actually thought for a long time that there's a path for Ted Cruz, which I think is pretty good news for democrats, because I think that what Marc is saying is right. I think that he picks up folks who decide that Carson isn't ready for the job and that Trump is not serious enough, the guy for the job. And for the first -- the breaking news today is that for the first time, I actually agree with Ted Cruz. Donald Trump is not going to be the nominee.
KELLY: OK, but let me ask about you that. Why do you think that? Because he is, you know, he is leading in all the polls, and today, we had reports of the GOP establishment is now going to say, "All right, we got to do something about this guy."
BURTON: Well, I -- you know, my --the first -- you can look at the maps state by state and see like where is Trump going to win, that he may be up now, but you know, the polls in November and December are not exactly indicative of where they will gonna be in January, February and March. But secondly, just look at American history. Never in the history of our country has a major political party picked someone like Donald Trump to be the head of their party, someone who doesn't have any relevant experience, someone who is the most hot-tempered kind of a jerk candidate in the race. Americans actually are used to picking mostly nice guys to be the nominee in their party, Richard Nixon excluded.
BURTON: But besides that, I just don't.
KELLY: You always get one in, doesn't you always get one in, Marc. All right, I got to leave it at that, great to see you both.
THIESSEN: Thanks, Megyn.
BURTON: You too, Megyn.
KELLY: Well, it's one of America's favorites '80s movies. So why is Sixteen Candles now being targeted by some suggestions that it should never be shown again, because it's offensive to basically, every minority group on earth.
Plus, investigators in rural Montana name a person of high interest a month after an elderly woman and her son strike a small fortune and vanish without a trace.
And then, no sooner do the voters get done electing a new mayor in Alaska capital city. Then he is found dead in mysterious circumstances.
Mark Eiglarsh and Arthur Aidala, tackle these cases along with the latest in the case of the Baltimore six, right after this break.
KELLY: Developing tonight, a dark mystery out of Montana, where police now say they have a person of interest in the disappearance of an elderly woman and her son. Just days after the pair came into possession of a gold bar worth nearly half a million dollars. Listen to this. Mark Eiglarsh is a criminal defense attorney and former prosecutor. Arthur Aidala is a New York trial attorney and a Fox News legal analyst, good to see you both. So Mark, the old -- the elderly -- how old was she? Are we saying she's 79?
MARK EIGLARSH, CRIMINAL DEFENSE ATTORNEY: Seventy --
KELLY: Whenever we use that term, we get e-mails from a 79-year-old or whatever, the age is saying, "I resent that" in any event.
KELLY: How -- where did she get the gold bar from?
EIGLARSH: It was found by a cleaning woman in a home that was being remodeled. She used to live there and planned on moving back into the home after the remodeling. The bar belonged to her ex-late husband valued at just under $500,000.
KELLY: So just after she gets it, she turns up dead, Arthur, in a town where they say.
EIGLARSH: And days later.
KELLY: The median income in this town is around $30,000. The population is about 3,000 people, and her son is dead as well. And now what do we know about the person of, quote, "high interest?"
ARTHUR AIDALA, FOX NEWS LEGAL ANALYST: Well, first of all, just from a legal of point of view. In the world that Mark and I live in, you are not allowed to hold somebody on an investigative hold. So they have someone who is in jail who is not charged with a crime. They just don't want him to go anywhere while they are figuring this out.
KELLY: This is him?
AIDALA: This is him. He lives in the same town where the house was. And they are basically -- I'm sure, forensic evidence is all over the place.
EIGLARSH: Can I say something about him, Megyn?
KELLY: Yeah, go ahead.
EIGLARSH: His criminal career -- again, he is innocent until proven guilty, but his criminal career dates back to Reagan's assassination attempt, 1981. He picked his fist bell (ph) fell and he for burglary that he picked up aggravated kidnapping along the way, aggravated assault. He's got a nice record -- yeah.
KELLY: And the day that she was last seen, she was seen having lunch with a white man believed to be about 60-years-old, you know right before.
AIDALA: But she was crazy facts in the case. Hard -- her house was abandoned, but the son's house that is also deceased. When a police went there, there was food still warm on the stove. And the house seemed to have been burglarized. There's a lot more to come in this story.
KELLY: All right, there's another mystery developing out of Juneau, Alaska where the newly elected mayor is dead. And now they are looking into (inaudible) ruled out suicide, but they haven't ruled out foul play.
EIGLARSH: Yeah, they are keeping the facts close to the vest. The son came in to visit the father and finds the body there. He had won handily over the incumbent, just a month earlier, and now the Juneau Police Department are investigating, but they don't want to give away too much.
KELLY: Arthur, they say that there were injuries on his body, but they're ruling out suicide. So what does that tell us?
AIDALA: Well, it's either an assault, right? I mean, in the world of politics we live in, who knows what kind of deals were cut or weren't cut, and that's like the evil way of looking at it. The innocuous way of looking at it, (inaudible), he had a heart attack or a stroke and he fell and banged his head really hard on the table before -- you know, be dying of natural causes. That autopsy is going to be the key, you know, she get Dr. Button (ph) right here to come in and tell us what they find here.
KELLY: Absolutely right. OK, quick update in the Baltimore six case. The first officer is on trial. Officer Porter, he's the one who stopped and saw Freddie Gray on the fourth of fifth stops, and the charge against him, Mark is basically, based on the fact that he didn't get anybody help.
KELLY: He didn't get Freddie Gray help. What happened in Jury's selection today?
EIGLARSH: Something that really troubles me, Megyn. I said months ago, the minute the city settled six point whatever million dollars, the civil suit, they will gonna have to tell jurors, and they are. There are some jurors who didn't know about it. And now they know, and the judge, of course is saying, "Erase, erase, erase." But their thinking the city paid out all this money because the conduct was innocent? No. The presumption now is they have done something wrong and I have a problem with that.
KELLY: So there was one person who was unaware of the.
KELLY: One person.
AIDALA: Yes. Everyone else knew about it.
KELLY: Everyone there knows Freddie Gray.
KELLY: They know the case. They know the city paid $6 million, Arthur. And on top of that, yesterday, there was, like, 33 percent of the jury pool stood up and said that they had been victims of a crime or they committed a crime or they knew somebody who committed a crime. And then today, the numbers are even bigger. It was 46 people out of 75 percent pool said, yeah --
KELLY: Very related to crime, you know victim of or perpetrator of.
AIDALA: I use -- look, I use this analogy all the time. I'm very glad they are taking this much time and putting this much effort into jury selection, three days. I don't have a lot of respect for judges who say, I will pick a jury in two hours. That does nothing for me. A defendant and a prosecutor have a right to know who is gonna hear the evidence.
KELLY: How do you get -- of course, of course, of course.
EIGLARSH: Three days.
KELLY: But how do you get past.
EIGLARSH: Three days, I must say.
KELLY: They all say, "I can be fair." Because now.
KELLY: When I'm on a jury pool, I say, I cannot be fair. I have to get back to work.
KELLY: But they, but they -I can be fair.
EIGLARSH: Arthur and I disagree on this Megyn.
KELLY: Well, how though?
EIGLARSH: Arthur thinks that -- Arthur, I said you got to move this. Arthur said, "Well, they are gonna be unfair anywhere." I say, in that town, with a curfew adversely affected them. Where there are protesters everywhere.
KELLY: Including outside of the courtroom now.
EIGLARSH: Of course.
AIDALA: But at least you get to.
EIGLARSH: You got move, Arthur.
AIDALA: At least you get to question them, Megyn. At least, as a lawyer, one on one, you are questioning the juror.
EIGLARSH: Of course you're questioning, Arthur.
AIDALA: And you know what you are using, Megyn, your God-given common sense. That's what makes Mark a great lawyer. That's what makes trial lawyers.
EIGLARSH: God bless you, Arthur.
AIDALA: Great lawyer is using your instincts to say, this one is giving me the wink, or this one is being genuine when they say.
KELLY: What are you holding up, Mark? What is that?
AIDALA: What are you doing, buddy? Come on.
EIGLARSH: Arthur, come on.
EIGLARSH: Come on buddy.
KELLY: He wanted to end it with a nice note.
EIGLARSH: I think I won this one.
KELLY: And I too, I too want to say happy birthday to you, Arthur Aidala.
KELLY: And but -- but you raise a question of judgment.
KELLY: You raise a question of judgment and the person's instincts.
KELLY: Can the viewers at home find Arthur?
KELLY: Which one is Arthur?
AIDALA: Oh, did my father give you that?
EIGLARSH: Oh no.
KELLY: Explain this.
AIDALA: That's 19 --
KELLY: I'm not going to disclose my source. It's horrible.
AIDALA: It's Miss Marylou's new school of dance. I was the only boy in a 300-girl dancing school. And my buddies thought it was weird.
AIDALA: But I was going through puberty and I thought it was the greatest place to be in the world.
KELLY: All right, one more. One more before we go, show it. Let's see.
AIDALA: Crazy. Rapid Post -- that was my band in front of (inaudible).
KELLY: Show the other one. Show the other one -- put the other one up of a little Arthur, it's the best.
AIDALA: Me and my best friend Chris (inaudible).
KELLY: I got to go. Happy Birthday, We love you.
AIDALA: Thank you, that was adorable.
(BEGIN VIDEO CLIP)
MOLLY RINGWALD, ACTRESS: Since I was 12 I've been looking forward to my sweet sixteen. You know a big party and a band, tons of people.
JOAN CUSACK, ACTRESS: Tons of people. And a big Trans Am in the driveway with a ribbon around it. And some incredibly gorgeous guy that you meet in France and you do it on a cloud without getting pregnant or herpes.
RINGWALD: I don't need the cloud.
CUSACK: Just a pink Trans Am and the guy, right?
RINGWALD: A black one.
CUSACK: A black guy?
RINGWALD: A black Trans Am, a pink guy.
RINGWALD: Oh no.
(END VIDEO CLIP)
KELLY: Who can forget the '80s classic Sixteen Candles? Remember the joy you felt when Sam finally got together with the dreamy Jake Ryan? We all wanted to be here. Well, in the eyes of at least one film critic, this iconic movie is really about racism and date rape and you ought to be ashamed. Trace Gallagher has the story, Trace?
TRACE GALLAGHER, FOX NEWS ANCHOR: Megyn, Sara Stewart, who wrote the article for our New York -- The New York Post, her cousin publication says Sixteen Candles was among her favorites when she was young, but now she feels repulsed by it. Arguing the film celebrates racism and date rape writing, quote, "The racism and sexism in Hughes -- John Hughes movie is so over the top, I have to hope any teens watching it today would view it as a shocking old-tiny artifact." But even at the time, Asian-American groups protested scenes involving Gedde Watanabe who played Chinese foreign exchange student, Long Duk Dong. For the record, Watanabe is actually Japanese. Stewart also talks issue with the scene where Molly Ringwald's character talks to a girlfriend that you saw, about finding the perfect boy. And this scene involving a drunken girl passed out in a car. Watch.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Will you take the picture already? You're pissing me off, I'm telling you -- smile, pumpkin.
UNIDENTIFIED FEMALE: What? Oh, pictures. Cheers!
(END VIDEO CLIP)
GALLAGHER: By the way, in a rebuttal article the conservative NewsBusters Melissa Mullins calls Sara Stewart a humorless lefty - Megyn.
KELLY: Trace, thank you. We'll be right back with more of Arthur (inaudible).
KELLY: And now as our closing gift, we give you little Arthur Aidala. He's all grown up, ladies and gentlemen.
AIDALA: Can I dance?
KELLY: Go for it.
AIDALA: Like one, two, three, four --
AIDALA: Shuffling off to buffalo.
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