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Kelly File

NRA executive director responds to Obama's challenges

This is a rush transcript from "The Kelly File," January 7, 2016. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Breaking tonight, the president defends his new gun rules. In a national town hall. And challenges the NRA.

(BEGIN VIDEO CLIP)

PRESIDENT BARACK OBAMA: There's a reason why the NRA is not here. They're just down the street. And since this is the main reason they exist, you would think that they would be prepared to have a debate with the president.

ANDERSON COOPER, CNN ANCHOR: Did they even been in the White House for years?

OBAMA: No, no, we've invited them.

COOPER: So right now tonight you're saying you would be willing to be --

OBAMA: We have invited them repeatedly.

(END VIDEO CLIP)

KELLY: And now in a "Kelly File" exclusive, the National Rifle Association responds. For the first time to President Obama's direct challenge and to his new push for more gun control.

Welcome to "The Kelly File," everyone, I'm Megyn Kelly. In moments, we will be joined by Chris Cox, the executive director of the NRA's institute for legislative action in an exclusive. But first, President Obama taking part in an event, the White House is calling a town hall on the campus after Washington DC University. In the last year of his presidency, with his legacy potentially on the line, the President issuing a new challenge to the country. To reconsider one of the most cherished American rights to some extent. The Second Amendment.

The right to bear arms. We have got a huge and important lineup for you tonight on this, on the political, on the legal fallout, from the President's executive action. And what this means for the gun rights of all-Americans. Judge Andrew Napolitano is our Fox News senior juridical analyst. Marc Thiessen is a former speechwriter for President George W. Bush. Bill Burton is the former White House Deputy Press Secretary under President Obama.

But first, here is some of what President Obama said including when Mr. Obama suggested that the NRA profits off of misleading the American public.

(BEGIN VIDEO CLIP)

OBAMA: Every year we're losing 30,000 people to gun violence. And if we take that number from 30,000 down to let's say 28,000, that's 2,000 families who don't have to go through what the families at Newtown or San Bernardino or Charleston went through. Historically, the NRA wasn't in favor of background checks. Historically, many in the Republican Party were in favor of background checks. And what's changed is not that my proposals are particularly radical. What's change as we suddenly created an atmosphere in which I put out a proposal like background checks or after Sandy Hook, were calling on Congress along with people like Gabby Gifford, who herself was a victim of gun violence, we put out a proposal that is common sense, modest, does not claim to solve every problem, is respectful of the Second Amendment, and the way it is described is that we're trying to take away everybody's guns. Every time there is a mass shooting, gun sales spike. And part of the reason is that the NRA has convinced many of its members that somebody is going to come grab your guns. Which is, by the way, really profitable for the gun manufacturers. It is a great advertising mechanism. But it is not necessary.

KELLY: And we begin tonight with our "Kelly File" exclusive. The NRA's Chris Cox with his organizations first response to President Obama.

Chris, thank you so much for being here. So, let's start with the notion that he wants to meet with you. He went on to say, if only you'll put aside your rhetoric and what he has seen to be describing as strongman when it comes to gun issues. Are you prepared to meet with him?

CHRIS COX, NRA INSTITUTE FOR LEGISLATIVE ACTION: Well, Megyn, let's be clear what this is really about. This president is trying to create an illusion that he is doing something to keep people safe. He needs to do that because the truth is, his policies has failed miserably. He saw that materialized itself in San Bernardino when we had a terrorist attack. This president didn't use it as an opportunity to unite this country. He didn't use it as an opportunity to lay out a plan to defeat terrorism. He used it as an opportunity to impose more gun control on law abiding Americans.

KELLY: He is treating that as a case of gun violence as well.

COX: Exactly. This is an attempt to distract the American people away from his failed policies. So did we participate in CNN's event tonight?  No, we didn't. We were offered one prescreened question. Megyn, I know that you don't send your questions over to the White House, so I would rather have a conversation with you that is intellectually honest than sit through a lecture and get one opportunity to ask a prescreened question.

KELLY: Does it make sense to meet with him?

COX: Well, and talk about what, Megyn? This president can talk about background checks all day long. But that's nothing more than a distraction away from the fact that he can't keep us safe and he supported every gun control proposal that's ever been made. He doesn't support the individual right to own a firearm. That's been a position of his Supreme Court nominees. That's been the position of his administration. So, what are we going to talk about, basketball? I'm not really interested in going over and talk to the President who doesn't have a basic level of respect or understanding of the Second Amendment and law-abiding gun owners in this country.

KELLY: Here's what he said. Tonight he tried to say this. That there is not an area of our lives that we don't make a little safer. He talked about little toys for children that they could choked on. He talked about cars and seatbelt laws. And he said, to not apply that same principle to guns would be inconsistent.

COX: Megyn, this president would have the American people believe that in order to love your children, you have to hate your firearms. That's not only offensive, it's disgusting. This president would have you believe that somehow we don't care about keeping our kids safe. Gun owners in this country do more and the National Riffles Association does more to teach safe and responsible gun ownership than this president ever has or will.

KELLY: He talks about the gun show loophole which is what his executive action is trying to get at among other things. And he went on to say that that is a massive loophole and that people have exploited it to avoid background checks and sometimes those guns have been wound up being used in murders.

COX: Megyn, the San Bernardino murderer had something in common with the Santa Barbara murderer and the Tucson murderer and the Aurora murderer, and the Chattanooga, the Charleston, the Southern Virginia. All of them went through President Obama's background check and every one of them passed.  Every one of those murderers passed his background check. So, we can talk about -- it is 0.7 percent, according to Barack Obama's Justice Department, 0.7 percent of criminals obtain their firearms through gun shows -- 0.7 percent.

KELLY: That's an unbelievable stat the way you listed it there. That all of those murderers --

COX: Everyone.

KELLY: -- went and passed the background check. He was sort of asked about that. And you saw Paul Babeu, the sheriff out there in Arizona, get out there and say, none of your measures would have prevented any of these mass shootings. Right? None of them. And President Obama said look, mental health problems are real. Violent crime is real. We're not going to stop it either those entirely in this country. That is not realistic. He said, the question is, can we make it less lethal when it happens? And he cited an example -- he cited the other day out of China. Right around the time Newtown happened, it was 2010, a guy took a knife. Guns are banned over there. Stabbed 23 children. Not one died because he didn't have a semiautomatic rifle is what the President said.

COX: Megyn, this president in his eighth year has decided he wants to talk about doing something about prosecution in this country. He has overseen a 40 percent decrease, a 40 percent decrease, in prosecution of criminal misuse of firearms. At the same time as if that's not bad enough, he is going back and releasing armed criminals who have been successfully prosecuted and sent to jail. This president has lost all credibility because he is no longer credible to speak to the issues of law abiding gun owners.

KELLY: All right. Last question, Chris. You brought up Newtown which is moving to every American with a heart. And he cried the other day at the White House in talking about Newtown. And it's not tough to figure out why. You know, when you think back to the children. The six-year-olds who were murdered by some lunatic that day. The face of evil. And he said it was the only time in his presidency he has ever seen the Secret Service cry. When they went to Newtown days after. One of the worst days of my presidency. What is your solution? How do you say we prevent another Newtown?

COX: Well, Megyn, the President doesn't have a monopoly on compassion in this country. The President doesn't have a monopoly on loving and caring about kids. The President doesn't get to lecture us on loving our kids and caring about our kids. This president has done nothing to keep us safe.  His policies have been a failure from start to finish. The National Rifle Association believes that we should protect our kids and our schools the same way we protect our president, our politicians, our athletes and our money in our banks. And that's with armed security officers.

Armed security officer protecting our kids at school at the same time we can do something about mental health. Megyn, you and I we've been on this show talking about the need for mental health reform. The President and your aide has decided he wants to have a conversation. Welcome to the party. The National Rifle Association has been trying to have this conversation for years. So have Republicans in Congress who tried to do something meaningful but this president was more interested in defeating the NRA than defeating crime, defeating a mental health problem and ultimately defeating terrorism. It is shame but what it is what we have come to expect from this president.

KELLY: Up until just now where the President is pushing for more money on mental health. The Vice President was quoted by lawmakers saying that they are not interested in that. They're tabling that for now. Chris, I got run. I thank you for being here tonight.

COX: Thanks, Megyn. Thank you.

KELLY: Joining me now with more, Judge Andrew Napolitano. When you listen to the President with his tears and raising Newtown, talk about it. It sounds simple, right? Like, of course, we need to do more to protect children. When you hear the other side, you are reminded of how complicated this issue is really is when you actually look at the cold hard facts.

JUDGE ANDREW NAPOLITANO, FOX NEWS SENIOR JUDICIAL ANALYST: The President was not being intellectually honest tonight, Megyn. Because the President kept referring to my proposal, my proposal, my proposal. Every one of those proposals was rejected by the Congress. The Congress writes the law, it's not the President. Yet the President has offered in his speech on Tuesday of this week to enact these into law via executive order and executive authority. Basically --

KELLY: The same thing that happened with immigration.

NAPOLITANO: Correct. And the courts stopped him with respect to immigration and basically said, you can't change the immigration laws and they will stop him with respect to this. The issue is not the wisdom of what he wants to do, the issue is the authority. He does not have the authority to change the law no matter how noble his goals may be and he understands that.

KELLY: Not even around the edges. I mean, this is like tighten the loophole that allows the gun sales, the gun sales in certain --

NAPOLITANO: If Congress had remained silent on it and the President wanted to try to regulate an area of Congressional silence, there is some authority and constitutional jurisprudence that would let him weigh in there. But Congress is not been silent. What he failed to say at that town hall meeting tonight is that Congress rejected his proposals three times during his presidency.

KELLY: Uh-hm.

NAPOLITANO: Including when Congress was controlled by the Democrats in the first two years.

KELLY: That's right.

NAPOLITANO: He cannot overcome the will of Congress by rewriting the law.  Then he is a prince rather than a president.

KELLY: Judge, thank you.

NAPOLITANO: You're welcome.

KELLY: Joining us now with more, Marc Thiessen, Fox News contributor and former chief speechwriter to President George W. Bush along with Bill Burton, former White House deputy press secretary to President Obama.  Guys, thank you both so much for being here. I thought it was a very thoughtful hour. And to CNN's credit, they put a lot of pro-gun people in the audience, including Taya Kyle, you know, the widow of the "American Sniper." And the woman, do we have the soundbite? Who herself had been the victim of gun violence. Here she is challenging the President.

(BEGIN VIDEO CLIP)

KIMBERLY CORBAN, RAPE SURVIVOR: Why can't your administration see that these restrictions that you are putting to make it harder for me to own a gun or harder for me to take that where I need to be is actually just making my kids and I less safe.

OBAMA: There is nothing that we propose that would make it harder for you to purchase a firearm.

(END VIDEO CLIP)

KELLY: And therein lies the rub. The President says that, his doubters don't believe that. And there's some powerful testimonials there tonight, Marc. I will start with you.

The importance of guns to people's lives as well as the damage guns have done.

MARC THIESSEN, FOX NEWS CONTRIBUTOR: No, absolutely. I mean, President Obama finally got to meet some of those Americans who cling to guns for the first time in his presidency. I mean, at the White House, he got to surround himself with victims who agree with him because the White House gets to vet everybody, as Bill knows. To CNN's credit, they picked up a lot -- they invited a lot of people who were victims of violent crime, who had lost loved ones to gun violence who did not agree with the President and challenged him. I'm glad the NRA didn't go.

KELLY: And to the President's credit, he sat there and answered them.

THIESSEN: Absolutely. Give the President credit for going in there. I don't think that was the event he was expecting but I think give him credit. I think he was very respectful in his answers but he struggled with it. I mean, it is much harder to face the victim, someone like Taya Kyle, who lost a husband to gun violence. And she says, why are gun prosecutions down 44 percent under your administration or a rape victim who says that you are trying to make it harder for me. Or he had to finally meet a gun shop owner who explained to him, how hard these people work to keep the guns out of the hands of bad people.

KELLY: Uh-hm.

THIESSEN: And who said to him, why don't you -- instead of hiring more people to background check -- why don't you hire 200 more ATF agents to go get the bad guys that we are trying to keep the guns out of the hands of?  So, it was a --  

KELLY: And on that last question -- on that last question, Bill, you could sense the President's frustration that he would love to have more ATF agents but he can't get the funding for that. And the ATF is very busy.

BILL BURTON, FORMER OBAMA WHITE HOUSE DEPUTY PRESS SECRETARY: Right. And Congress has soon away every step of the way. I mean, look, on the gun store owners, I thought it was amazing that he could stand there and say, we are doing such a good job when the other side of that argument is, all of these guns they are committing on these crimes are purchased legally from those gun store owners. Right. So, you know, look. I think it was a mistake for the NRA not to go. But when you listened to Cox who was on your show just now, you can see why they didn't. They don't have a meaningful response to what do we actually do in response to the gun violence in this country.

KELLY: Yes. But Bill, when you heard him tick through all those mass murders and all of the murderers passing the background checks that are on the books. I mean, it is a powerful argument that these nips around the edges aren't going to do anything. I mean, like, the laws that are on the books have not done anything and these nips around the edges aren't going to do anything. And they raise questions about whether more gun laws are the answer.

BURTON: But Megyn, the answer is not to do nothing. It cannot be. When Americans slaughter Americans.

KELLY: Why can't be a billion dollar --

(CROSSTALK)

BURTON: At my son's nursery school -- after Newtown, at my son's nursery school they added a second latch to the gate when you walk in because they didn't want people to be able to just walk in and fire guns. If my son's nursery school can do something. Congress aren't going to do something.  And if it's mental health, get in the game, NRA. The President has got a proposal. Democrats have been pushing mental health but Republicans block it time and time again. They want meant health, now is the time to do it.

KELLY: Joe Biden just said, that this was not going to be the priority for the White House --  

BURTON: Why did he say that though?

KELLY: What?

BURTON: He said because Congress keeps tabling it.

KELLY: Because he said it is tabled for now. And the White House didn't push it. And they've had how many years now since Newtown, Marc? How many years to prioritize mental health?

THIESSEN: 2012.

KELLY: It hasn't happened. I'm not saying that's necessarily the silver bullet, pardon, you know, the term, either. But if it were so outraged about the guns, where is the outrage about the mental health in this country and what we see happening in the progressive level? Nine times out of 10. It is some young man in his early 20s who has had some sort of a psychotic break. And there are usually some signs that preceded it -- Marc.

BURTON: Megyn, Megyn --

THIESSEN: And there's a lack of --

KELLY: Let me get Marc in and then I'll give you the floor.

THIESSEN: The President supports mental health --

KELLY: Hold on, Bill. I'll come to you. Go ahead, Marc.

THIESSEN: And, you know, the other thing, Bill is saying, what should be done? Maybe the President ought to not be presiding over a 40 percent reduction in prosecution of gun crimes under existing gun laws. I mean, he wrote in the "New York Times" today that there is a crisis of gun violence.  Yet under his administration, according to Syracuse University Study, 40 percent down compared to George W. Bush ten years ago in terms of gun prosecution. So, either, if there is a really an epidemic of gun violence, then the President is not doing his job. But the fact is, he had to face Taya Kyle saying, no. There is a record low of 44-year low of gun crimes in this country.

KELLY: Go ahead, Bill.

BURTON: Well, first of all, I know that it was said that we should celebrate that. I don't think that gun violence in this country at the level that it is at is anything to be celebrated.

KELLY: The President had no problem with the way Kyle --

BURTON: I don't agree. I don't agree. And second of all, the enforcement isn't down because of the President's budget, it is because Republicans cut enforcement time and time again. That's why the President added --

THIESSEN: Really?

BURTON: Yes, really.

THIESSEN: The Republicans are responsible for all --

BURTON: That's why the President added 200 folks to the ATF, so they can go out and enforce the laws. That's the point largely of what he did on Tuesday.

THIESSEN: It is his Justice Department.

KELLY: All right, guys.

THIESSEN: It's his Justice Department, it's 44 percent down from George W. Bush ten years ago.

KELLY: I got to leave it at that. Thank you both for being here.

THIESSEN: Thanks, Megyn. Thanks, Megyn.

KELLY: Also tonight, outrage grows. You know, before we move on, just before we move on, we will get to this in a second. That was an extraordinary moment. Extraordinary television. Chris Cox responding directly to the President of the United States who sat there for an hour with regular citizens. I would love to get your thoughts on it.  Facebook.com/TheKellyFile which is the one I use most of the time. Go there. Let me know and we will take a look at it. We will circle back to this.

There is, however, other news, including this. Outrage is growing and why shouldn't it be? As dozens and dozens more women come forward with horrifying stories of sexual assaults at the hands of what police described as big groups of Middle Eastern immigrants. It was not just Cologne, Germany. Wait until you hear how widespread this was. What's worse? We will show you how many of the authorities involved in this are now focused on making sure the immigrants who are behind this and those who may or may not be connected to them don't get a hard time from the public.

Plus, the Obama administration is now changing the standards for being an air traffic controller in order to get more diversity in the control towers. And they are not making it harder to get into those towers. Our legal team is here on who gets the blame if something goes south at 3,000 - - 3,000? How about 30,000 feet.

Plus, outrage among parents after school official sending an e-mail to an entire High School offering them the chance to work for Hillary Clinton's campaign. Brian Kilmeade has the fallout from that, ahead.

(BEGIN VIDEO CLIP)

ELITA GALVIN, PARENT OF STUDENT WHO RECEIVED EMAIL: My son didn't appreciate being targeted by anybody via his school e-mail. For a political campaign whatsoever.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

KELLY: Breaking tonight, Germany is reeling in the aftermath of mass attacks targeting young women on New Year's Eve. More and more victims are now stepping forward describing harrowing accounts of assault and even rape. The worst of it happened in the city of Cologne as we told you last night. But now there are reports of similar attacks in major cities all across Germany. Some of the perpetrators are being described as Arab or African men. At least some of them are believed to be refugees. From Syria. And what the "New York Times" called an unprecedented series of coordinated attacks.

Trace Gallagher reports from our West Coast Newsroom. Trace.

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Megyn, German officials have said there is no hard evidence that Syrian refugees seeking asylum were involved in the violence but that is strongly disputed by a leaked police report published in the German newspaper Der Spiegel. The report says, one of the suspects told police quoting here, "I'm Syria, you have to treat me kindly.  Ms. Merkel invited me." The paper says, another tore up his residence permit in front of police saying, you can't do anything to me, I can get a new one tomorrow. And there are reports police briefly held 15 asylum seekers in connection with the attacks. It is unclear why they were released but police claim at the time they were overwhelmed. Witnesses describe the scene at Cologne's main train station as a gauntlet saying dozens of women had to run through masses of intoxicated men. Listen.

(BEGIN VIDEO CLIP)

BUSRA, ASSAULT VICTIM: They felt like they were in power and that they could do anything with the women who are out on the street partying. They touched us everywhere. It was truly terrible.

(END VIDEO CLIP)

GALLAGHER: So far more than 150 women have filed criminal complaints. But much of this information didn't come out for nearly five days. Leading many to accuse police of trying to cover up the attack to preserve public support for the country's pro refugee policies. Others believe anti- immigrant groups are using the attacks to stir up hatred against refugees.  But today a German Justice Minister said, if it's proven that asylum seekers were involved in the violence, they would face deportation.  Germany continues to be Europe's most welcoming country for refugees but public perception is quickly changing -- Megyn.

KELLY: Trace, thank you.

Joining me now, Soeren Kern, a distinguished senior fellow at the Gatestone Institute. Gatestone Institute which is an international policy group and think tank. Soeren is a dual German and U.S. citizen who lives in Europe.

Soeren, thank you so much for being here. So, I am hearing people today say things as dramatic as Europe is lost. I mean, suggesting the culture there is being forced to conform to the refugees and large groups of Muslims who have no desire to assimilate. Your thoughts?

SOEREN KERN, GATESTONE INSTITUTE: Yes, well, this has been going on for many years. But as really been fast-tracked toward the last six months with this massive migration of more than a million people coming into Germany. Mostly from Muslim countries. Approximately 80 percent of the migrants that came into Germany are Muslims. And these groups are very, very difficult to assimilate. A lot of these younger people who are coming into the country are not employable. They are essentially shiftless and many of them are getting involved in petty crime and essentially the German government is completely lost control over the security situation in the country as we've seen.

KELLY: I mean, do you feel -- you look at this, is Germany over as we know it? Is Europe?

KERN: Well, the Europe that we have come to know and that we have come to love is certainly over. Germany will never be the same. It is just impossible to integrate these people and there's already a very big problem and many European countries including Germany with parallel societies essentially where a large group of Muslims immigrants that are not integratable into the whole society essentially set up their parallel societies, including with Sharia courts, the application of Sharia law.  This is just point to continue and it's going to be basically be fast- tracked from here on out.

KELLY: You know, it is one of those, when you report on it, it is strange to just say, it's a large groups of Arab men. Because it sounds like you are condemning all Arab men. But what's happening in Germany right now, is they're steering as clear of mentioning anything about Muslims as possible.  And it happens to be relevant in identifying the particular perpetrators here who are dancing on their refugee status, bragging about how Mrs. Merkel invited me here and now you're stuck with me.

KERN: Yes. This has been going on for a long time. The German government essentially believes that 50 percent of the migrants that have been coming into the country have no idea now where they are. And so this is a problem that's just going to spiral from here on out.

KELLY: Unbelievable. Now they are chastising people for saying anything that may be anti-migrant. Meanwhile, these people are scared. Women were assaulted by a thousand men in Cologne alone.

Soeren, thank you.

KERN: Yes.

KELLY: Stay on it.

KERN: My pleasure.

KELLY: Also tonight, one of Hollywood's top hunks is in hot water because of how he chose to dress on New Year's Eve. We will show you his offensive costume.

Brian Kilmeade is here to report on how the PC police are handling this.  Of course I must tell you, there's another story we are doing with Brian.  If you watch nothing else tonight, you need to watch the Brian Kilmeade segment. I cannot wait.

Then a local sheriff is going after the documentary, "The Making of a Murderer." We will ask the series creators who are here tonight, they are about how this all begin, they are disputing the prosecution's account, the evidence that were left on the cutting room floor and why even they think some folks may be rushing to judgment here.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: This was one of the biggest miscarriages of justice I ever saw in 20 years (INAUDIBLE) and thousands of cases.  

(END VIDEO CLIP)

(COMMERCIAL BREAK)

KELLY: Well, tonight, new backlash over the Netflix series "Making a Murderer" that has gripped the nation and stirred up controversy. The series is about Steven Avery, who was released from prison after 18 years for a rape he didn't commit. Two years after his release, he and his nephew were arrested, and later convicted of murdering a 25-year-old woman. Earlier today, the sheriff whose department is at the center of the case and is accused of planting evidence said, he stands by the murder conviction.

(BEGIN VIDEO CLIP)

ROBERT HERMANN, MANITOWOC COUNTY SHERIFF: I don't believe that this is a documentary because it leaves out a lot of information.

The leg irons and shackles or handcuffs that were found out the residence, I think that's a key piece.

Quite frankly, I feel we did nothing wrong. I believe he -- that justice will served and I believe he is guilty.

(END VIDEO CLIP)

KELLY: Joining me now, the filmmakers, Laura Ricciardi and Moira Demos. Great to see you both.

MOIRA DEMOS, MAKING A MURDERER FILMMAKER: Great to be here, Megyn.

KELLY: Thank you so much.

(CROSSTALK)

KELLY: All right, so let start with your rebuttal to the claim made by the prosecutor in this case on the air just 48 hours ago, where he said, this began as work you are doing for the defense, or as a project run by the defense and only once Netflix got interested in it. Did you sprinkle in the other side's story, really?

DEMOS: I would say that's a baseless allegation.

KELLY: Not true?

DEMOS: No. It is not true. We were graduate film students when we read The New York Times article that had an article -- a headline that said freed by DNA, now charged to a new crime. We thought this was an amazing opportunity, a window to which to look at our system. We had a case where this system has failed, and now we had a case that was going to unfold in front of our eyes.

KELLY: Right. And it's extraordinary by any measure. So you think 10 years, right? Following this case, getting to know Steven Avery, all of the players involved here. You had extraordinary access as the film shows. Let's put it aside for a moment, the question of guilt or innocence.

LAURA RICCIARDI, MAKING A MURDERER FILMMAKER: Sure.

KELLY: What did you think is the lesson about the criminal justice system here?

RICCIARDI: What we really trying to explore was when Steven Avery re- entered the system in 2005, two years after his release from prison as a DNA exoneree. What we really wanted to explore was, to what extent had the system made meaningful progress since its wrongful conviction in 1985.

KELLY: So what is your conclusion?

RICCIARDI: Well, there were certain technological advances such as, advances with respect to DNA evidence and legislative reforms that were meaningful, but ultimately.

KELLY: But when it comes to the representation people who are poor, who are uneducated, who are not necessarily intellectually gifted, I mean, you see that in the film. The court -appointed lawyer was terrible. It was horrible. And Steve Avery had some dough, because he got a settlement, because he was put in jail, wrongly for 18 years, so he hired a lawyer, two of them in fact. Not getting him off, but he had, he had fair representation. Right away, what happened to the nephew, who maybe, and according to the jury is a killer.

(CROSSTALK)

KELLY: Still is wronged. He had a terrible lawyer and it did not work to his benefit.

DEMOS: Well I think, you know, what the system -- what the series begs is, you know, what are all of the forces? Like, how are we deciding guilt and innocence in this country, because it is not just what's happening in the courtroom. As you see play out in the series, it's, it's a long process of pretrial court dates, of media coverage, press conferences, where the prosecutors is making his case to perspective jurors.

KELLY: Sorry, I'm getting battling my cold. What did you think? Did you think they did it?

RICCIARDI: Moira and I said before, we don't have an opinion about the guilt or innocence of Steven Avery or Brendan Dassey. What we were -- what we were exploring was the extent to which the process that was unfolding was fair.

KELLY: I got to leave it with that. Thank you for being here.

DEMOS: Thank you.

KELLY: I'm really worked up with my cold. We'll be right back.

(COMMERCIAL BREAK)

ANNOUNCER: From the world headquarters of Fox News, it's The Kelly File with Megyn Kelly.

KELLY: If you have kids -- of course, you know about this, really. This is -- it happens to you. They're like little petri dishes. And therefore, so am I. Developing tonight, outrage among some parents in Maine after students at a high school were e-mailed a pitch to volunteer for Hillary Clinton's presidential campaign. Here is what one mother had to say about it.

(BEGIN VIDEO CLIP)

ELITA GALVIN, PARENT OF STUDENT WHO RECEIVED E-MAIL: My son didn't appreciated being targeted by anybody via his school e-mail for political campaign, whatsoever. I'll be honest. He is not a fan of Hillary Clinton to begin with. He just has done his homework and he doesn't like her. But he didn't like the fact that he got that e-mail from anybody via his school e- mail.

(END VIDEO CLIP)

KELLY: So she tells it with our own Todd Starnes. Brian Kilmeade is co-host of Fox and Friends, and the author of Thomas Jefferson and Tripoli Pirates, Brian, good to see you. So the school says there was a mistake, it was an honest mistake.

BRIAN KILMEADE, CO-HOST, "FOX & FRIENDS": Yeah, it was an honest mistake. But let see, the principal doesn't back down when Connor, as a -- who is a freshman, and Natalie, a sophomore, decided to come down and talk what they had to do for community service, which they thought would be great. I'm a fellow, be a fellow, volunteer for Hillary. Isn't that the type of thing about giving back it to the community? Isn't that what Mother Teresa had in mind when she talked about raising kids, to care more about other people and those who are oppressed? For those that don't know enough about Hillary Clinton, that's a community service to tell them more about that.

KELLY: It was like -- it was a secretary, who didn't know better, who just forwarded on the request.

KILMEADE: But the principal didn't really back down. They actually had to two to the superintendent, Megyn, which I found amazing, who said, "OK, this isn't a big deal." And this is where I found stunning about this, the superintendent then wrote a follow-up letter to make clear to Todd Starnes and everybody else since we are doing the segment tonight, that's not gonna happen again. They did make a mistake. And they said one thing we should do as a district we should have provided the parents with more information, so that they could make an informed decision on whether they thought their kids should do this as community service. Listen, they -- the parents shouldn't be making a decision between this and working in a soup kitchen.

KELLY: Yeah.

KILMEADE: Helping out seniors when it comes to a (inaudible).

KELLY: They can learn about the political process, it's actually quite valuable.

KILMEADE: Yes.

KELLY: Let's move on. Apparently, Actor Chris Hemsworth is in trouble, because he went to a New Year's Eve party and tells the viewers what he did.

KILMEADE: Well, what he did in New Year's Eve party, and by the way, his wife took a picture and posted this. They dressed up as different people. By the way, someone is giving us the finger there. It is blurred out. But in the background, I thought when you see Chris Hemsworth, I feel like I'm looking in the mirror, so give me a second. So he is in the background, and he is circled there, and he is -- he (inaudible) and put a shirt on often, and he is dressed like an Indian, an American Indian. And evidently, the -- made the certain people in the Native American community that are offended by this, because quote, according to one person, "he looks exactly like my ancestors." Well isn't that the reason you dress up? If you go to a party and you want to dress up like you, what good is it dressing up? You dress up --

(CROSSTALK)

KELLY: He wasn't mocking them. He was dressing like them.

KILMEADE: Exactly. He wasn't walking around with something with derogatory. Let's say like something to look negative like a scalp or mocking them. He dressed like an American Indian, like this person's ancestors were there. And this guy is from Australia. Which as far as i know doesn't get involved in the early American process, so please, let's cut him a break.

KELLY: You know, you're not allowed to wear any offensive Halloween costumes, although, this was a New Year's Eve party and it is little weird that they were dressing up. I give the Native American objectors that why? I mean, they were like two months do it.

KILMEADE: Can we agree with you when you said a little weird? Can we agree on something?

KELLY: Yeah. Let's have that moment of kumbaya together. And speaking of kumbaya, do you miss your camp days, Kilmeade? I know I did. I do. And I'm thinking of my friend, Kelly McGillis, who would be really challenging if she was sitting next to me right now with all the bad stuff we did while we were at the camp. But you can go to camp again as an adult and you can label yourselves as kidult.

KILMEADE: Yes, a kidult. So I'm embarrassed to be a grown-up. Can I say that? I was little embarrassed when Adam Sandler role out as series of movies which was terrible, highly rated, and a big ticket sales called "Grown Ups." But now I find out that even though I was a little dissuaded by the fact that adults were using coloring books and that they actually used Lego, which I thought were for children. Now we find out they are now going to camps at the tune of 1 million a summer. Adults going to camps.

KELLY: But I love it.

KILMEADE: For things like Rock Camp.

KELLY: Not just any camp, OK?

KILMEADE: Yes.

KELLY: So here's -- at one, in Pennsylvania, they give free HIV testing in a natural clothing-optional as LGBT environment. And another one, you meet your momaste, as soon as you walk in --

KILMEADE: I don't get it.

KELLY: She is the camp mom.

KILMEADE: Yes.

KELLY: And she is a clinical psychotherapist who specialize an inner child work shame and successful aging. What is successful aging? It's like anyone who is alive.

KILMEADE: Yes. Successful aging is not dying, according to experts.

(LAUGHTER)

KILMEADE: Drunk field day and hangover yoga are some of the things that adults are doing.

KELLY: Well, now you're selling me on it.

KILMEADE: Right, absolutely. I'm telling you about it.

KELLY: Wait. And it goes on. OK, so then there's, at the one place, they give talks or soulversations about life. And then, they offer soul powered healing treatment, which involves light finger touches, a strategic points on your back or your bottom. And the -- who is that, Labash? (inaudible), and it was National Review wrote a piece on this saying, "I didn't feel (ph). They talking about bad (ph), nothing happened."

KILMEADE: Well, that's it -- when it certainly -- when you see one thing happen and they don't happen, that's whole another story in the segment. But I will say this, can we, as a people, do things like when you grow up, you good on vacation. When you're kids you go to camp. When you're tired of your kids, you send them away for the summer. But when you're an adult, you have to make a decision to act like an adult. Put away the (inaudible), stop going to camp, raise your children or be a grown-up.

KELLY: I think you really -- I think we should give it some thought. Here is one instruction given by -- given by the instructor at meal time, "If you snore, if you pass gas, if you laugh or cry, those are carriers of energy. So allow that."

(LAUGHTER)

KELLY: Instead of grace, that's what you get. All right, I want to end it on a truly happy note, which is, are you going to be worth $700 million more come Saturday night?

KILMEADE: Well, I'll you what, you're talking about Powerball. It's gonna be the -- biggest give away ever a -- well, not a giveaway, it is everybody else's money who actually thinks they have a chance of this. But ladies and gentlemen, let's just give you a view of this. You are not going to win -- Megyn, you are not going to win. James, your floor manager with the loud laugh is not going to win. I am not gonna win, because look at all the things that are more likely to happen, rather than us winning. We are more likely to get seriously hurt in a pogo stick accident than win. We are more likely to have identical quadruplets...

(CROSSTALK)

KILMEADE: Than win. It is easier to become president, 1 in 10 million, than win, because the odds are stacked against us.

KELLY: Oh, look how low, the dying in a plane crash is disturbingly likely.

KILMEADE: Yeah, 1 million. It probably gonna happen soon.

KELLY: Given -- that's, I'm gonna go to bed sleeping about that -- go to bed thinking about that tonight.

KILMEADE: Right. It is safer on a hover board, evidently. So we'll see. So the chance of us -- of us actually winning is 1 in 115 million. So it not.

KELLY: To be exact is zero.

KILMEADE: So it's one in 292 million.

KELLY: Zero, if you don't play.

KILMEADE: Right.

KELLY: You got at least try.

KILMEADE: Right. But you know what, I don't want to try.

KELLY: You shouldn't.

(CROSSTALK)

KELLY: Because if you won it, people would be like, really?

KILMEADE: Well, you would be happy for me.

KELLY: They don't want TV news anchors to win Powerball.

KILMEADE: So you want to know how to win?

KELLY: How?

KILMEADE: I'm pretty sure they would like to see Shep win. But here's that they would -- here's what they like to do. They say they let the machine pick it, number one. And the combinations, mostly likely do it, buy the ticket in Pennsylvania.

KELLY: Pennsylvania is the key.

KILMEADE: And go for 47, 2, 63, 62 or 11.

KELLY: Thank you, sir. Bye.

KILMEADE: See you.

KELLY: Also tonight, the Obama administration now being accused of lowering the standards for becoming an air traffic controller. Now I'm really gonna be scared, that one in 1 million going up, right? Up -- yeah. We'll be back with that, and Marthur, next.

(COMMERCIAL BREAK)

KELLY: Developing tonight, the Obama administration's FAA, the guy who is in charge of keeping us late -- safe when we fly, accused to putting workplace diversity ahead of passengers safety, by changing the standards for air traffic controllers in order to hire a more diverse workforce. Mark Eiglarsh is a criminal defense attorney. Arthur Aidala is a Fox News legal analyst and a New York trial lawyer. Mark, what exactly is the perceive problem and what are they doing to solve it?

MARK EIGLARSH, CRIMINAL DEFENSE ATTORNEY: Megyn, I will answer your question with a question, and it's personal. Would your classmates consider you to be more humble or dominant?

KELLY: What?

(LAUGHTER)

ARTHUR AIDALA, FOX NEWS LEGAL ANALYST: I'm sorry, Megyn. I can't help you. I will gonna go with humble -- next.

KELLY: I would say I'm a kind of combination of both.

EIGLARSH: OK, here's --

AIDALA: OK.

(LAUGHTER)

EIGLARSH: Here's the point, Megyn. That is an actual question on the new exam.

KELLY: Oh no.

EIGLARSH: That people have to pass -- yes, Megyn.

KELLY: I'm in?

(CROSSTALK)

KELLY: I'm hired?

AIDALA: Congratulations. Finish that Mark.

KELLY: I'll do it.

AIDALA: Finish, Mark. That would --

EIGLARSH: How many sports? How many sports did you participate in high school?

KELLY: Zero.

EIGLARSH: It sounds more like a dating website, Megyn.

(CROSSTALK)

AIDALA: Cheerleaders.

(CROSSTALK)

KELLY: I did --

(CROSSTALK)

EIGLARSH: Arthur will not defend this. You are not safe now. We are not safe.

AIDALA: OK, so --

EIGLARSH: That's the problem.

KELLY: That seriously, Arthur, he is not kidding. Those are -- I didn't know about the first one, but those are actual questions on new exam to become an air traffic controller because they have a diversity problem and they are trying to get more diversity in the force. Which is (inaudible), but is this the way?

AIDALA: May I, may I just correct you, your honor. The bottom line is if this is not the test to become an air traffic controller, it's just that you just go to school to become an air traffic controller. It should --

EIGLARSH: Arthur --

AIDALA: Hold on. After you pass this --

EIGLARSH: Arthur --

AIDALA: Mark, give me one second, if this is your stature.

EIGLARSH: Yes.

AIDALA: After you pass this oral test, and it is a test to determine, are you going to succeed in school, you then go to a three or four-month program, and then you go to a two or three-year apprenticeship, and then you will -- pass or not pass, then you're an air traffic controller.

KELLY: Go ahead, Mark.

EIGLARSH: OK. Here is the problem. They literally took 3,000 qualified candidates, most of them.

KELLY: Really qualified.

EIGLARSH: Actually went to college and had a degree in air traffic controlling.

KELLY: Right. Like super qualified.

EIGLARSH: I didn't know that existed.

KELLY: They like score off the charts on the test and throughout their applications.

EIGLARSH: Instead, what they're doing is, is that they literally bringing people in off the street. The only qualifications, you have to speak English, have a high school diploma -- be a U.S. citizen.

AIDALA: But --

EIGLARSH: And pass this ridiculous test. That's it.

AIDALA: But once you do that, just so everyone understands, Megyn. Once you do that, all that does is get you into the school to become an air traffic controller. You don't answer those tests and go up to the tower and start directing planes.

(CROSSTALK)

EIGLARSH: Arthur.

AIDALA: It takes four years.

EIGLARSH: Arthur, tell Megyn the truth. It cost $400,000 of our taxpayer's money.

AIDALA: Yes.

EIGLARSH: To train these people, to see if they become an air traffic controller.

AIDALA: Correct.

EIGLARSH: I would like to start off with people who have degrees in the dog-gone arena.

AIDALA: Megyn, you know how Mark likes to use tests and props?

KELLY: Yes.

AIDALA: Here's my prop.

KELLY: Yeah.

AIDALA: This is the study that independent agency did to figure out what's the best test. Not necessarily to figure out who is going to best air traffic controller, but who's gonna be -- who's gonna succeed in school. Who's gonna be the best student for that 402 -- $420,000 education. Who is going to make -- get through the whole a lot of that?

KELLY: Yes. I get it.

AIDALA: That's what I just want to know, were you the captain of -- were you the quarterback of the football team? Because you.

KELLY: Were you at?

(CROSSTALK)

AIDALA: No, I was the cheerleader.

EIGLARSH: Arthur is defending his test --

KELLY: We know Arthur was.

(CROSSTALK)

KELLY: He's in the dance troop again?

AIDALA: No, you just feel better, Megyn.

KELLY: Come on, what is the answer? Give it o us.

AIDALA: Shuffle Off to Buffalo, (inaudible).

KELLY: Shuffle Off Top Buffalo -- got go, bye. We'll be right back.

(COMMERCIAL BREAK)

KELLY: I'm just reading our Facebook and our Twitter feed, and people are not, not happy. They believe what Chris Cox had to say in a lot of these points. We'd like to get your thoughts. I'm still taking it, go to Facebook now. Have a great night, I'm Megyn Kelly.

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