Sign in to comment!

Kelly File

Glenn Beck works to bring Iraqi Christians out of Mideast; Cruz: Obama believes American people are the 'bad guys'

This is a rush transcript from "The Kelly File," December 10, 2015. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Breaking tonight, a stunning series of new revelations in the California terror attacks suggesting security failures at home and abroad may be putting Americans at risk.

Welcome to "The Kelly File," everyone. I'm Megyn Kelly. Government officials are now confirming that Tashfeen Malik, one of the two killers who murdered 14 and wounded 21 others, was attempting to contact multiple groups of Islamic radicals in the months leading up to the attack in San Bernardino. So far it appears none of those communications showed up on our intelligence radar. What's more in the last couple of days, the Obama administration has provided three different answers from three different government agencies, as to whether Malik was properly interviewed when she applied for the visa to come to the United States.

An application that we now know was submitted with a fake address by woman who had been attending a radical mosque, radical Madrassa and a school that was under surveillance. Also, a whistleblower has reached out to us, a former Homeland Security employee, suggesting he likely could have helped prevent these very attacks had the government not pulled the plug on a surveillance program he was developing three years ago. He joins us tonight in "The Kelly File" exclusive.

And then today, we learn that Syed Farook, the other killer behind the Christmas party terror attack, was in touch with man now serving 25 years for recruiting and radicalizing Americans for Al Qaeda back in 2012 and somehow Farook never turned up in that investigation. Despite all of these connections, between the couple and other radicals, the White House today returned to the argument that worst terror attack since 9/11 is somehow an issue of gun control.

We've got a powerful line up for you tonight with Fox News contributor Charles Krauthammer here in moments on the White House reaction. Glenn beck is with us on the terrorists trying to get in and the ones already here. And the presidential candidate and Senator Ted Cruz, is here on the attacks in California and a stunning new terror failure by the President's team.

But we begin with Adam Housley on the ground in San Bernardino with the very latest. Adam?

ADAM HOUSLEY, FOX NEWS CORRESPONDENT: Megyn, we're now nine days into the investigation into terror in the San Bernardino, California. The search continues not only locally, across the country, but around the globe. I can give you live look here behind me of the FBI dive team. They have come to a park, City Park in downtown San Bernardino. We're told as part of the investigation into this terrorism case. This is a Seccombe Park basically a park that's known for locals to come here on the weekends.  And during the day, I could see a lot of cities. There are two FBI divers in here right now. They've been in this water for about an hour. We're not sure how long they will going to stay but they are specifically targeting this area of the lake.

We don't know where this tip came from but we do know they are looking for evidence specifically involving this case. And of course, we haven't seen anything pulled out as of yet. But you can see kind of the water moving. And the team is actually here. This shows you this investigation is very, very vigorous. Not only internationally as we reported the last few days, but also locally. And it comes also as the mother of Enrique Marquez off camera. She spoke mostly in Spanish.

She also sobbed a lot as you might imagine saying things like, my life has changed forever since Wednesday. I don't know anything. I can't believe this has happened. I want this all to stop, before going back into the home sobbing. As you can tell again Megyn, this investigation is very, very vigorous. We know as we spoke to you last night, they are still looking very closely into Tashfeen Malik and her connections in Pakistan.  Potentially how she was possibly trained there. And also the money trail that may lead there to her family, how the investigation -- again pulling up a lot of information. And of course, we will keep you updated as it continues to move forward, Megyn. Back to you.

KELLY: Adam Housley, thank you. Well, this chair investigation also lead to a couple of dramatic exchanges at the White House briefing today.  As the administration again tried to use this attack to push for gun control. First, when asked about a recent uptick in gun sales, Press Secretary Josh Earnest called it tragic that a number of people feel the need to go out and buy weapons after seeing these two jihadist slaughter defenseless folks at a Christmas party. Then Earnest went a step further.  When asked if President Obama plans to visit the scene of the worst terror attack on U.S. soil since 9/11. Listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: What are the President's thoughts about traveling to San Bernardino even if you don't have any plans to announce? Is this something he would like to do or something he's feeling something about doing?

JOSH EARNEST, WHITE HOUSE PRESS SECRETARY: I've not asked him this question directly. I'm sure that it is something that somebody here considered. It is not uncommon for the President and the aftermath of some of these kinds of incidents to visit these communities that were touched so directly by gun violence.

(END VIDEO CLIP)

KELLY: Gun violence? Joining me now, Charles Krauthammer, author of "Things That Matter" now out in paperback, among his many qualifications.  Dr. Charles Krauthammer, good to see you. So, these community touched by gun violence.

DR. CHARLES KRAUTHAMMER, FOX NEWS CONTRIBUTOR: It makes you wonder if there's a gun control cult in control of the White House. You can forgive the President for saying even two days after the attack, three days after the attack, for looking for ways to say this was not an act of terror and to try to link it with gun control. But we now, and everybody at the time knew, but the President was hanging on, hoping there would be something else. It is so obvious now, undeniable. The fact that they insist on this, really explains a lot of things. It explains the rising gun sales.  It explains the rising anxiety in the country. I would say it explains the rise of candidates like Trump who speak unashamedly about what is actually going on. I think to an extreme.

But nonetheless, who say what the President refuses to say. And that is refreshing for a lot of people. But this is the sense of drift. These kinds of indications that you mentioned, about the terror links, the history of the two shooters, is the kind of stuff we saw in the 9/11 report. Story after story of obvious clue, missed, overlooked, not communicated, not taken seriously. For a while, that to provide a decade, we tried to undo that by being absolutely scrupulous. Really careful and serious about this. Now for seven years, we've had an administration where they attribute everything to the weapon and it makes you wonder, how can they possibly, this can't be cynicism, it has to be a kind of belief to the point where people shake their heads and wonder is there anybody in charge here.

KELLY: It does play into the Trump thing. Because what we now see is that there were multiple connections between these two and extremists and actual terrorists as it turns out. And people who are trying to radicalize Americans for that matter. On the FBI's radar, and the President knows this, his team knows this. The President comes out and as we talked about, puts the need to not discriminate against Muslims on equal footing with the need to protect America from terrorists. But on point, you know, on the point about protecting us, he is not going to change anything. And people are saying, why don't you start by looking at the people who are here and the people who want to come here and tighten up the programs to make sure those of us who actually are American citizens are safe.

KRAUTHAMMER: This is the president who came into office and one of the first things he did is he abolished the use of the term, the global war on terror. He believed that he could wish it away. He gave a speech two years ago at the National Defense University in which he said, we cannot go on this way with indefinite war because of the damage it does to our society. Well, that is fine, except for the fact that wars end either by consent of the two sides or when one side is defeated. If you pretend there is no war on terror, if you tell the American people as he did in his reelection campaign, the tide of war is receding, when it is obviously rising everywhere in the world, Middle East, and now we see in the west, in Paris. In Belgium. In the United States. You tell them this, people have to wonder whether your commitment to this ideology overrides your ability to see reality. Obama's response to the attack in Paris, climate change.  This is the greatest stroke that we can take against terror by showing up in Paris and continuing --

KELLY: Uh-hm. And that's another reason why he doesn't want to bomb the oil fields that ISIS was controlling because of the environmental impact it might have. And then there's a frustration as to whether -- and the rules of engagement we have that don't allow us to, you know, drop our bombs unless there is a guarantee there will be zero civilian casualties.  And so, we bend over backwards and it doesn't seem like we are getting that far with the people who are supposed to be extending the hand with -- to.

I want to ask you though about what Josh Earnest said. He hasn't spoken to the President about whether the President is going to go to San Bernardino. It is tragic that people are rushing to guns for self- protection in the wake of what we've seen, where the government did not protect them. And on top of all that, he refers to this as gun violence and the President apparently has no plans to go out there even though we saw him go to places like Charleston when there was a massacre there. Why wouldn't he go to the site of a mass terror attack?  

KRAUTHAMMER: It's ideology. Because if he goes, he highlights the terror threat. He brings back the idea that we were involved in a war on terror. He invalidates and in a way refutes the last seven years of his insistence that this is not an existential issue. And look, this isn't a man who believes. Because you have to ask yourself, how can you believe all this? He believes either that the war on terror is an exaggeration, that we are -- it has strategically insignificant. Yes, it kills a few people here and there, but it's not a major threat, like as he believes climate change. I believe that's delusional. But I think he does believe that. But I think he also believes that our overreaction. And he said this, speeches to the U.N. and elsewhere, our overreaction to 9/11 help to produce the blowback.

KELLY: Uh-hm.

KRAUTHAMMER: This is sort of the Rand Paul theory.

KELLY: And may people believed that.

KRAUTHAMMER: It's Jeremiah Wright's theory. Chicken coming home it roost. That American imperialism is the cause of this. So, we have to cure ourselves, restrain ourselves, be extremely nice to ourselves. And that's the way it respond.

KELLY: Charles, thank you.

KRAUTHAMMER: My pleasure.

KELLY: Well, as we mentioned at the top, a whistleblower has reached out to THE KELLY FILE saying, he was working on a surveillance project that might have tipped the Feds off to this very attack we saw this California.  But the administration pulled the plug roughly three years ago. He joins us live.

Plus, we have new details on exactly how the State Department decided to allow Tashfeen Malik to come to America. And Glenn Beck says, there is a frightening lesson for every American about our security here. He joins us next.

And then, we've got a new video this week from a top al Qaeda leader encouraging radicals to wage, quote, "personal jihad." If that's not bad enough, we had this guy in custody until the administration decided to release him from Gitmo just a couple of years ago. Senator Ted Cruz has some thoughts on that, just ahead.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Al Qaeda in the Arabian Peninsula was built by former Guantanamo detainees. So Ibrahim al Qosi now joins their ranks as a new leader within AQAP.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

KELLY: Breaking tonight, a new report suggesting the female terrorist Tashfeen Malik was not asked about Jihadist leanings when she was interviewed in Pakistan for her fiancee visa last year raising questions about the screening process.

Earlier today, the State Department was asked about it. Watch.

(BEGIN VIDEO CLIP)

JOHN KIRBY, STATE DEPARTMENT SPOKESPERSON: We don't have any indications right now that the screening process for Miss Malik was any different than it is for any other fiance or that there were any things missing inside this very rigorous screening process. But I can tell you this, if the investigation turns up information that tells us there was something amiss in the screening process or something we should have done that we didn't or that the screening process needs to be improved to make it more rigorous, well, we'll do that.

(END VIDEO CLIP)

KELLY: But here's the thing. Fiance visa applicants are supposed to be asked such questions as, do you seek to engage in terrorist activities while in the United States? Do you plan on visiting Mt. Rushmore? I mean, this is the process. Have you ever or do you intend to provide money or support to any terrorist groups? Look, she wasn't asked and the questions are ridiculous. The point is, the process is messed up. And guess what?  A female terrorist made it into the country. If she wasn't asked these questions, why wasn't she? But the real question is, what does the screening process look like?

And what are they doing to prevent another Tashfeen Malik from coming into this country? This is an issue at the heart of the debate we're having right now over immigration into this country. And Glenn Beck is just back from overseas where he's been looking into Europe's refugee crisis.

GLENN BECK, THE BLAZE FOUNDER: How are you, Megyn?

KELLY: Glenn beck is the number one "New York Times" bestselling author and founder of The Blaze. Glenn, I'm very well.

BECK: Good.

KELLY: Thank you for being here. I want to start with breaking news that you yourself just made. Tell us where you just got back from and what you just did.

BECK: I just got back from Iraq. I was in Iraq. I was in Slovakia and Sweden. We have a team in about ten different countries and we are trying to bring Iraqi Christians out of the Middle East with something called the Nazarene fund. We raised $12 million to do it. Our vetting is far superior to the United States, the U.N. or the EU. And I will tell you about that if you care to know. But just a few minutes ago, our first plane of Iraqi Christians has just landed and it is in Slovakia, in a place called Koshida (ph), and we are thrilled that they are safe and they are actually going to a mass here in just about two hours from now to celebrate the blessings that Christ has given them. It is really remarkable to me, Megyn, to see what's going on in the United States and to see how the hoops that people jump through when we do have people in crisis.

We have people that are -- these people are in real trouble. As this plane took off earlier today, it was targeted by ISIS. When I was there on Sunday night, we were receiving reports, we had to have the whole area blocked off by the army because they were going to take a vehicle bomb and blow up the church and the gathering that we were at last night. Or I mean, on Sunday night. It is very, very volatile. These people are targeted. And it's easy to vet them. All you have to do is ask the pastors and the priests, do you know these people? How long have they been Christians?

Because there are zero Christians that are members of ISIS. In fact, our vetting process is so strong, another country has asked us, they were about to bring in a group of Christian, so-called Christian refugees into their country, they called Slovakia and said we understand you've been working with the Nazarene Fund. Can you have them look? Because we just have an inkling this isn't right. We sent our team over and we asked them very specific questions that I'm not going to get into right now, because I don't want to tip off the hand.

KELLY: But your point is, it can be done.

BECK: Yes.

KELLY: And they're not doing it, Glenn.

BECK: Correct.

KELLY: What I think is interesting is, you've gone over, you went over there, you took matters into your own hands, you didn't wait for government. You got private donations. You swooped in. You helped a bunch of Christians. You didn't bring him back here to the United States.  You brought them to a place where you're going to try to help him assimilate and start a new life. Back here at home, we have no such ambitions Glenn, it's not going that way. Not only that but the process we have in place is allowing people who want to blow us up into the country.  You raise the example of Sweden and the question about whether we're talking about a fundamental transformation to our society if we don't get serious about our screening procedures.

BECK: I just was over there to do a documentary on Sweden and what is happening over in Europe. Sweden, the Swede will be the minority within 15 years. And if you listen to the people in Sweden, they are begging the government and the EU exactly the same thing. This is not unique. What's happening with Donald Trump is not unique. It is happening all over the west. The people of Sweden know, we are headed towards fascism. Because the government is not listening to the people. They are not doing things that are full of common sense. All of our vetting right now for these refugees that are being jammed down everybody's throat in the west, and I believe is a Trojan horse, is being jammed down the throats by the EU, the United States, and the U.N.

They have quotas. They have jammed it down, and I'm telling you, Megyn, the group that we found that another country asked us, could you just look at these, when we asked those specific questions, we found several Muslims that were posing as Christians. It's not that hard to figure this out. You just have to have a willingness to say, it is about Islam. There is a disease in Islam and it must be addressed and it must be spoken. If you're not willing to say it, you're not going to win a war.

KELLY: All right. That is where we'll going to pick it up with Glenn on the opposite side of this break. Because there is a real question about Islamists. Not Muslims who want to assimilate, who want to be American, who want to, you know, pledge fidelity to the U.S. constitution who was trying to get into this country, but Islamists. Who have no intention of assimilating. Trying to get into America. And what we are supposed to do with about that. He'll join us next with his thoughts on that and his reaction to Donald Trump's proposal to ban all Muslims from entering America. That's next.

Plus, a California college student described as a Muslim extremists stabbed four people last month while carrying an ISIS flag. So, why is no one calling this terror? We'll investigate. Still ahead.

(COMMERCIAL BREAK)

KELLY: Breaking tonight. New polls show that Donald Trump is picking up steam with Republican voters. Up by nearly 20 percent on his closest competitor Ted Cruz according to a national CBS News "New York Times" poll.  Thirty five percent for Trump, Cruz next is 16 percent. And in the key primary state of North Carolina, Trump is up by 20 percent over his closest competitor, Ben Carson. Both of these polls taken mostly before Mr. Trump made his controversial comments about a ban on all Muslims entering the U.S., but some of the polling data suggest his numbers only went up after he made that proposal on Monday.

Back with us now, The Blaze Founder Glenn Beck. Glenn, good to see you.

BECK: Good to see you.

KELLY: So, I know you're not a Donald Trump fan, but this proposal is supported by a lot of Americans. A lot of Republicans. Rasmussen says, 66 percent of likely Republican voters favor a temporary ban on all Muslims.

BECK: Forty one percent -- I'm sorry, 49 percent of all Democrats favor a registration of all Muslims as well. Twenty one percent of all Democrats want to see Jews and Christians registered as well. There is a very dangerous thing that I've been talking about for a very long time.  First the caliphate. The caliphate happens and then it destabilizes Europe and the rest of the Western world. The economy is in very rough shape all around the world. It seems a discontent throughout the western world. Had been sewn. No one is listening. What happens is you get a very strong progressive or a strong communist fascistic sort of leader that comes to the fray and says, I will solve your problems for you.

And no one even stops to listen to what the real answer is. Not comparing anybody to Adolf Hitler, but let's just look at history. When Adolf Hitler did it, if you read my inkomfe (ph), he spelled it all out.  But the people didn't want to listen to that. They just wanted somebody to solve their problems. You heads towards a demagogue. And if it's not Donald Trump, the next guy will be worse than Donald Trump. This is the worst thing that we can do. But I predicted and promised America, if you don't stop and anchor yourself to the constitution, you're going to have a progressive either left or right that will engage in demagoguery and will be in real trouble.

Remember, in the progressive world of Woodrow Wilson, we rounded up Germans. In the progressive world of FDR, we rounded up Japanese. In the progressive world of today, we will round up Muslims if we don't stop, take a breath, and look at what we really truly believe. And that our government doesn't start acting and behaving like people who actually want to defend the constitution of the United States.

KELLY: Uh-hm. What do you make of, you know, how much support he has, Glenn, among the Republican electorate?

BECK: I really think he's got much of his support is also from Liberals. If you look at Independents, which I think most people would consider themselves today, Independents, tired of both parties, 67 percent, I believe, is afraid of him. And I think you should be afraid of Donald Trump. I think there is a group of progressives in America, both left and right, progressive is not a democratic disease, it is a disease on both, that just want to win. And they would support the same policies that Barack Obama did if it was their guy doing it.

And that's what I think is happening, that's coupled with, he is speaking the truth in some regard. He has diagnosed the problem. He has not come up with a viable solution. He is just saying the things that everybody says. He's right. He's right. We are in trouble. The president of the United States, Congress, in both parties, quite honestly, they are either dumb, delusional, or they are complicit in the destruction of the constitution and the way of the west. It doesn't matter which one it is. I personally have my own opinion on what it is it. But it doesn't matter. Anyway, it's dangerous.

KELLY: Glenn Beck. Great to see you and we'll see you again next week.

BECK: Good to see you. Thank you very much.

KELLY: Well, we are also hearing tonight from a whistleblower. A former DHS employee who reached out to THE KELLY FILE saying, he was working on a surveillance project that might have tipped the Feds off to this very attack we saw in San Bernardino but that the administration pulled the plug on his project roughly three years ago. He joins us live.  Don't miss this. Just ahead.

Plus, a top aide to Osama bin Laden is now out there in a new video, encouraging Jihadist to attack the west, wherever possible. If that's not bad enough, we had the guy in custody until the administration decided to release him from Gitmo just a couple of years back, with assurances we didn't need to worry. Senator Ted Cruz is next on that.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: So Ibrahim al Qosi now joins their ranks as a new leader within AQAP.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(COMMERCIAL BREAK)

PATRICIA STARK, FOX NEWS CORRESPONDENT: This is a Fox News alert, from America's news headquarters, I'm Patricia Stark. An FBI dive team is searching a small San Bernardino lake for evidence in last week shooting attack at a social services facility that killed 14 people and injured 22 others. The FBI is saying it's acting on the lead that suspects, Syed Farook and his wife Tashfeen Malik, may have visited Seccombe Lake Park on the same day of the shooting. However, agents say they don't believe the couple threw anything dangerous into the lake. The search is expected to last several days. And CAIR, the Council on American- Islamic Relations in Santa Clara, California, has been evacuated after a strange substance was discovered inside. Now it's not clear what kind of substance it is, but hazardous material teams are on the scene, investigating. I'm Patricia Stark, and now back to The Kelly File. For all your headlines, log on to foxnews.com.

MEGYN KELLY, THE KELLY FILE SHOW HOST: Breaking tonight, new reports on a high profile terrorist, who the Obama administration released from Guantanamo Bay, now back on the battlefield and targeting the United States. Ibrahim al Qosi, was an Osama bin Laden loyalist deemed high risk to return to terror. And nonetheless, we let him out, back under 2012.

This week, we saw the release of new propaganda coming from this guy in a form of a video out of al-Qaeda and the Arabian Peninsula. Feature the man believe to be al Qosi, calling on Muslim, living in the west to kill their neighbors. Look at this picture. Here now republican presidential candidate Senator Ted Cruz. No one is shocked.

SEN. TED CRUZ, R-TEXAS, PRESIDENTIAL CANDIDATE: Well sadly, I mean look, this terrorist tells us they want to kill us, and the Obama administration ignores what they say. They release him. They release other terrorists. They've released senior Taliban leaders and they turn around and they take up arms and then they go back to trying to kill us. And you know what? American soldiers may well lose their lives trying to capture or kill him a second time, although if they kill him, it won't be a second time, but.

KELLY: But people feel -- you see this guy returning to terror. Then we have the reporter at the State Department saying, you know, they came out today and said, you know, our procedures are good. They're all good, the visa thing -- not to worry. Well, you let in a terrorist who killed 14 people. So they are really not all good. And people are feeling very disconcerted.

CRUZ: Yes, yes.

KELLY: About whether our government is doing the right things to protect us.

CRUZ: I would -- and it's abundantly clear, it isn't. Anyone who watched President Obama's speech after the San Bernardino attack was horrified. This is a president who is in denial, whose head is stuck in the sand. He still refuses to say the words, radical Islamic terrorism. He stands up and argues.

KELLY: He is going to make the mainstream Muslims matter. He thinks that -- well, he really does believe we can't alienate, you know, the good Muslims who want to work with us against terror by demonizing the religion.

CRUZ: It's worse than that. He believes the bad guys are the American people. That's why he stands up and says, "We need to take away the Second Amendment rights of law abiding citizens." That's exactly backwards, and this has been the consistent problem in the Obama administration, is they can't distinguish from good guys and bad guys. Not being willing to say radical Islamic terrorism, contributes to their inability to fight terrorism. So for example in Fort Hood, Nidal Hasan, they call it workplace violence.

KELLY: Just today, the White House referred to San Bernardino as gun violence. They were asked -- is the president gonna go out and visit those families? They said, we don't know, maybe, maybe not, but it's unfortunate -- sometimes he does that in instances of gun violence.

CRUZ: Well, what you see is the president over and over again acts as an apologist for radical Islamic terrorist. And let me be clear, the word apologist is a strong word. But I think you and I were both at the National Prayer Breakfast where President Obama spoke. And it was the day after the Jordanian pilot was lit on fire by ISIS. Remember the King of Jordan had to fly because of that terrorist attack. And President Obama got up and he analogized, ISIS is crime. He said, "Well, Christians and Jews kill people too." And he compared it to the crusades and inquisition. The last I checked those ended hundreds of years ago. It's not asking too much to keep it in the present millennium. And that is exactly the argument ISIS uses, when the president gets up and gives a rationalization, a justification -- and John Kerry said the Charlie Hebdo terrorist attack was understandable. No, it was not. It was evil, it was grotesque, and we need a commander-in- chief to stands up to defeat it.

KELLY: And he walked back. Kerry did say it, but walked back. Let me ask you about the NSA.

CRUZ: Yeah.

KELLY: we talked about this before.

CRUZ: Yeah.

KELLY: But now Rubio and others are hitting you, right? As they say, they pointed the fact that out in California, that -- let me get it right, just four days before the terrorist attack, the USA Freedom Act which you supported, which replaced basically the surveillance program we had with the NSA, limited our access to critical information because of that new act which you supported, which many republicans did not. We can now, potentially, only get 18 months worth of this guy's phone records as opposed to five years, which we could have had under the acts which you opposed.

CRUZ: Right. Well, look. These attacks are silliness. You're right that Marco Rubio's Super PAC is spending $200,000 running attack ads directed at me. And these attack ads, they're suggesting that I, alone with Senator Mike Lee and Tim Scott and Chuck Grassley and the National Rifle Association, and somehow conservatives in the House and Senate were responsible for the Paris terrorist attack. And it's just silly. And I got to tell you, Megyn, you know Mark Levin, a couple of days ago wrote a great column and conservative review, where he said that Rubio is lying and that he is following Alinskyite attacks just like Barack Obama.

KELLY: I asked Rubio about that, just yesterday. But what about that, it's that the 18 months versus the five years. And did we compromise our security by getting rid of that NSA surveillance program?

CRUZ: We didn't in any way shape or form. What the USA Freedom Act did was two things; number one, it ended the federal governments, bulk collection of metadata of law abiding citizens of your and my phone records, but number two, critically, it expanded our ability to target terrorist phones. And that's what Senator Rubio and the Super PAC are lying about. It dramatically expanded the scope. It used to be, it was a relatively small slice of phone records that could be searched. Now you could search virtually every phone record. That makes law enforcement better able to target terrorist, and Rubio knows that.

KELLY: Last question, quickly. Behind closed doors you said there, that the question of judgment is challenging the presidential race for Donald Trump. Will you say that publicly? And why not, if not?

CRUZ: Listen, what I have said many times. It's particularly in the wake of the Paris attack in San Bernardino that the American people are looking with greater seriousness and gravity at a commander-in-chief. And they are making a judgment of every candidate who has the experience, who has the judgment.

(CROSSTALK)

CRUZ: No, no, I discussed it in general.

(CROSSTALK)

CRUZ: This is a New York Times report based on anonymous sources.

KELLY: You deny doing it?

CRUZ: So what I will say is that the voters are making the determination for every candidate who has the experience, and judgment have their finger on the button to be commander-in-chief, to make the hard decisions to keep this country safe. And what I can tell Megyn, if I'm elected president, I will keep this country safe.

KELLY: Senator Cruz, great, great to see you.

CRUZ: Thank you.

KELLY: Thanks for being here.

Up next, The Kelly File exclusive with the whistleblower, who says he was working on a program that may have flagged the terrorist behind the San Bernardino shooting, until it was stopped by the Obama administration.

Plus, new questions tonight over a stabbing spree at an American college carried out by man described as an extremist Muslim who wanted to behead his victims. So why isn't this yet, described as terror?

(COMMERCIAL BREAK)

KELLY: Breaking tonight, a former employee at Department of Homeland Security is blowing the whistle, contending that his superiors shut down a program that might have provided an early warning on the terrorists behind last week's attack in California. We will speak with him in a moment, but first to Trace Gallagher with the back story. Trace?

TRACE GALLAGHER, FOX NEWS ANCHOR: Megyn, for background, we should note in early 2000, Philip Haney was among the founding members of the Department of Homeland Security and was later assigned to the Intelligence Review Unit or IRU. His job was to investigate individuals with potential links to terrorism. And it was in that capacity that Haney says, he noticed the trend of people was suspected radicalized ties coming into the United States. So he began looking into a collection of global networks that were infiltrating radical Islamists into the U.S. In other words, Haney and his team were getting somewhere. But a year into that investigation, Haney says they got a visit from the State Department and the Homeland Security Civil Rights division, who said that tracking these groups and individuals was, quote, "problematic" because they were Islamic groups. Haney says the investigation was shutdown and 67 of his records deleted. Among them, an investigation into an organization with ties to the mosque in Riverside that San Bernardino terrorist Syed Farook attended. Haney believes if his work had been allowed to continue, it may have thwarted last week's attack. Haney says a few years ago, he notified Congress and the DHS inspector general about the investigation into Islamic groups being terminated, but instead of the investigation being reinstated, Haney claims his superiors retaliated. Pulling him from his duties and revoking his security clearance. We just got off the phone with Homeland Security, they told us there are many holes in Mr. Haney's story, but they couldn't comment further because of privacy laws -- Megyn.

KELLY: Trace, thank you, joining me now with more. Former Department of Homeland Security employee Philip Haney, and with reaction, Marc Thiessen, the former chief presidential speechwriter for President George W. Bush and a Fox News contributor. Thank you both for being here. Philip, why do you believe that the work you were pursuing may have led to detection of these two?

PHILIP HANEY, FORMER DEPARTMENT OF HOMELAND SECURITY EMPLOYEE: The network of individuals that we worked with, were tied to a large group called Tablighi Jamaat part of a larger group called Deobandi. We had thousands of organizations or individuals in the data base. And we tracked them as they moved in and out of the United States on the Visa Waiver Program. That's what first brought the group to our attention. And as we developed the case and started putting the pieces in place, we get -- gained more and more evidence of their activities.

KELLY: And they were connected to Farook's mosque?

HANEY: The Farook mosque is called Darul Uloom. It's a global network of similar kinds of mosques under the umbrella of this organization.

KELLY: And so under your program, you would have identified the mosque and done what?

HANEY: I can I tell you how I would have identified it because individuals that were already in the case in 2012, went to that mosque. Therefore, as we were tracking them, they would -- we would have put the red light on them. Therefore, two things very plausibly would have happened. Either Syed would have been put on the no-fly list because of the association with that mosque and/or the K-1 visa that his wife was given would have been denied because of his affiliation with a known organization.

KELLY: And you say they shut you down because they thought this was essentially profiling of Muslims.

HANEY: They specifically said that because we thwarted the case and we got the internal memos, and it says that, we are not allowed to develop a taste based on Tablighi Jamaat specifically, and/or any Islamic group.

KELLY: But we're not talking about peace-loving Muslims who are in the United States who have assimilated. We are talking about Islamists who believe in Sharia and much worse.

HANEY: Yes. The correct term is Salafi, it means original. They go back to the way Islam used to be at the very beginning. Everybody in the world, outside of America knows about the Deobandi's, i.e. the Tablighi Jamaat group. We don't know as much about them here yet, but that was exactly the organization that I worked with. We started the case six years prior. Then I came to the National Targeting Center and worked on that case specifically. Then I went back to my home-court and I discovered that as soon as I left, they shut the case down. By the way, they gave me a commendation letter for finding 300 terrorists related specifically to the initiation -- initiative.

KELLY: Marc, we've seen the dismantling of the Intelligence we had set up in the Iraq area after we took over there.

MARC THIESSEN, FORMER CHIEF PRESIDENTIAL SPEECHWRITER: Right.

KELLY: We have seen the CIA black sites where we interrogated terrorists -- that's (inaudible).

THIESSEN: Yeah.

KELLY: They just further eroded our abilities to interrogate terrorist on Capitol Hill.

THIESSEN: That's right.

KELLY: One after the other, we're saying -- I mean, the president holding --- "don't discriminate against Muslims," up on equal footing to -- "we don't want any more terror attacks," right? I'm not saying discrimination is a good thing, but it -- what we've seen and the numbers doesn't match up to what the terror threat right now.

THIESSEN: It.

KELLY: And it has people feeling very disconcerted.

THIESSEN: Absolutely, and its political correctness shouldn't mock. If this is true that the Department of Homeland Security actually shutdown an investigation that could have stopped this terrorist attack because they didn't want to profile a Muslim group, this mosque, that's political correctness shouldn't mock, and we've seen this, we have a president who is willing to condemn gun violence, but is not willing to say the words Islamic radicalism. We just saw in this case that the neighbors of Farook and Malik were afraid to turn them in, even though they saw suspicious activity, because they didn't want to be called Islamophobes. Political correctness kills. And we are in a (inaudible) political correctness in this country today, and it's got to stop.

KELLY: And the administration doesn't seem to understand why people are little reluctant to let 10,000 Syrian refugees come in to the country when, you know, we can't even get the one, that the one woman who is obviously tied to radicals abroad, was let in with no problems.

THIESSEN: No, that's exactly right. And what the president says that we are betraying American values and republicans are because they don't want to let in 10,000 Syrian refugees. They said it mostly women and children. Well, this is a woman with a 6-year-old -- 6-month-old child who just come in and killed 16 people. I mean, this -- republicans raised legitimate security concerns and they are basically accused of being anti- Muslim bigots. This is deadly stuff. It's got to stop.

KELLY: The people are not against Muslims. They are against radical Muslims.

THIESSEN: Yes.

KELLY: And those who affiliate with the Sharia and Salafi, who could potentially be problematic. Thank you both for being here.

THIESSEN: Thanks, Megyn.

KELLY: There was another terrorist attack on U.S. soil. Have you heard about it? It's next.

(COMMERCIAL BREAK)

KELLY: Breaking tonight, new questions over the investigation into a stabbing spree carried out by an alleged extremist Muslim who was infatuated with ISIS. Trace Gallagher has the report -- Trace?

GALLAGHER: Megyn, 18-year-old Faisal Mohammad went on a stabbing spree last month at the University of California, Merced attacking four people, none of them fatally, before he was shot and killed by campus police. Thirty-one year old Byron Price, who was working construction nearby has been widely credited with saving lives by helping to stop Mohammad's attack. Now the hero's father, John Price, says the Obama administration's hesitation to call out acts of terror is slowing down this investigation saying, quoting here, "everyone is afraid to be politically incorrect. I do believe in law enforcement and believe they will do their job, but it seems like to me we aren't getting the whole story. I just wonder how much of this is driven from way higher up and is politically driven." And now foxnews.com has obtained the search warrant from the Merced Superior Court in which Mohammad's roommate calls him a quote, "loner" and "Muslim extremist." The roommate says he asked Mohammad, what would happen if he touched his prayer mat. He says Mohammad responded, quote, "I will kill you." The search warrant also shows that Faisal Mohammad had a photo of an ISIS flag, along with the manifesto, containing names of his targets, about to cut someone's head off, several reminders to praise Allah, and a plan to overpower police, steal their gun and take more victims. The father of the hero says Mohammad was clearly inspired by ISIS. Merced police will say nothing except that the investigation is ongoing -- Megyn.

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

(COMMERCIAL BREAK)

KELLY: So we're here in Washington tonight for the White House Christmas party. I managed to embarrass myself at this event last year with the president of the United States. Perhaps, you heard about it on Jimmy Kimmel. Hopefully, I will do better this year. I will report to you tomorrow night. In the meantime, go to facebook.com/thekellyfile. Follow me Twitter @megynkelly, let me know your thoughts on tonight's show, and thanks for watching, everyone. I'm Megyn Kelly -- this is "The Kelly File."

Content and Programming Copyright 2015 Fox News Network, LLC. ALL RIGHTS RESERVED. Copyright 2015 CQ-Roll Call, Inc. All materials herein are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of CQ-Roll Call. You may not alter or remove any trademark, copyright or other notice from copies of the content.