Ivanka Trump on the importance of child-care reforms; Dershowitz talks Clinton email saga

On 'The Kelly File,' businesswoman and daughter of the Republican nominee provides an in-depth look into the new government policies for families


This is a rush transcript from "The Kelly File," September 13, 2016. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Breaking tonight, with 56 days to go until the election, Democrats are reportedly getting nervous as Hillary Clinton watches her polling slip again while facing new questions about her health and an embarrassing hearing over her emails.

Welcome to "The Kelly File," everyone. I'm Megyn Kelly. Tonight less than three points separate Hillary Clinton and Donald Trump in the Real Clear politics average of all polls, a sharp change from last month's eight points spread. And when you look at the drop over the last few weeks, it is clear that questions about Mrs. Clinton's credibility are having an impact.

Adding to that headache, a hearing in Washington today where two men who helped Mrs. Clinton set up her private email server refused to testify before Congress and where a third key player refused to even show up. On top of that, questions about Mrs. Clinton's long term health continue to dog the campaign following this incident from Sunday where she appeared to be collapse at a 9/11 event.

An episode her campaign put off on overheating and then eventually blamed on pneumonia. We have a couple of special guest, some of the new developments tonight including Alan Dershowitz into the investigation into Hillary Clinton's email. And whether anyone broke the law here.

Plus, for the first time ever here on "The Kelly File," Ivanka Trump joins us for an exclusive interview in moments. But first we go to campaign Carl Cameron who is in Philadelphia where Donald Trump is just wrapping up an event. Carl?

CARL CAMERON, FOX NEWS CHIEF POLITICAL CORRESPONDENT: Hi, Megyn. And in fact, Ivanka Trump started the speech tonight because tonight Trump offered up his childcare and elder care proposals to help American families deal with their budgets more effectively. And Trump has illustrated in this week while Hillary Clinton has been off the campaign trail recovering from her pneumonia, he has been very aggressive at getting ahead of her on a number of things.

And Hillary Clinton prides herself on childcare and other such social issues. And Trump tonight has gotten to it before she did. These are the types of things that general election candidates often do to court to moderate vote to the independents that ultimately decide the election.  It's worth nothing that 88 percent of Republicans in polls now say that they support Donald Trump. That puts Trump about where Mitt Romney was four years ago and it proved not quite enough for Mitt Romney. So now Trump is going after moderates and independents a bit more aggressively -- Megyn.  

KELLY: Fascinating. Carl, thank you.

Turning us now to "The Kelly File" exclusive, Donald Trump's daughter, Ivanka Trump. She is the executive vice president of development and acquisitions of the Trump Organization and founder of Ivanka, thanks so much for being here. Great to see you.  

IVANKA TRUMP, DAUGHTER OF DONALD TRUMP: Thank you. It's a pleasure.  

KELLY: Okay. So, let's talk about this policy which is very unusual for a Republican to unveil on childcare. And I know you said that you helped conceptualize the idea. The big push back so far from conservatives is, who is going to pay for it? What's the answer to that?   

I. TRUMP: Well, we've actually had a tremendous amount of support actually sitting in the audience today, with five congresswomen, and the feedback has been amazing. This is an enormous problem, the cost of childcare and dependent care caring for the elderly is a massive issue in this country.  And it keeps on being exasperated and in fact it's one of the main reasons for the income disparity between men and woman as it disproportionately affects women.

So now actually the cost of childcare is a single largest expense affecting American families in much of this country, even exceeding housing. So something has to be done. And I think people recognize that this is a massive issue. That the tax codes were written in a time where women weren't apart of the workforce. Now women represent 47 percent of the U.S. labor force. So there has to be reforms. And in terms of paying for it, obviously my father is always fiscally responsible. He's going to be laying out his plan on Thursday and this will be baked into that for comprehensive tax reform.

KELLY: Uh-hm.

I. TRUMP: So it was definitely accounted for, it will be paid for. And it's budget neutral.

KELLY: Now maybe we're going to get more details. But what they're saying so far is that he's going to pay for the it based on like the unemployment insurance that all employers have to pay on us. You know?

I. TRUMP: That's only one component.  

KELLY: But they're saying -- that that would raise the taxes that employers have to pay on employees. So conservatives are saying there will be fewer employee -- they won't hire as many people if they have to pay more per employee.  

I. TRUMP: It won't raise the taxes. That's one component of it which is six weeks paid leave. And the United States is the only developed country in the world that doesn't offer paid maternity leave.


I. TRUMP: So, we have to catch up with the times. But we're going to cover it through existing unemployment insurance. And there's tremendous amounts of fraud, waste and abuse as part of that program, billions and billions of dollars. So it will be totally paid for in and of itself. So, that's the only component that's -- sorry go ahead.  

KELLY: No, no, I was just going to say, do you think that, you know, your dad caught Hillary Clinton by surprise with this? Because this has normally been an issue only the Democrats own, right? Like taking care of the women on the paid maternity leave and now suddenly here's this unorthodox Republican candidate saying, you know what, part of that makes sense to me too, I'm doing it.  

I. TRUMP: Well, it's an issue that the Democrats talk about but they don't own. There's no policy on Hillary Clinton's website pertaining to any of these issues of childcare, elder care or maternity leave or paternity leave for that matter. So, it's an issue that is talked about on the stump because they recognize that it is affecting so many American families. So many millions of American families across the country yet there's no policy that's been articulated on how to solve the problem.

We think we've proposed something that's incredibly comprehensive, it's very innovative, it's a bold and fresh solution and I think this is what the Trump presidency promises. New solutions, fresh solutions to existing problems. And you can see the full plan and it's full detail on my father's website It's very well thought out. It of course will be paid for and it will be baked into the comprehensive tax policy reform that will be presented on Thursday.  

KELLY: Do you -- I know you're an executive vice president of the Trump organization. Does that organization offer paid maternity leave to its employees?

I. TRUMP: It does.

KELLY: Okay.

I. TRUMP: As does my own business.  

KELLY: So this is something that people don't really know. I mean, I don't know if they know this about you. But you have three young children.  So, you were raised by a very successful father. He had millions of dollars. And yet, you know, you could have taken it easy. You could have gone down to Mar-A-Lago, you also married a very successful man. And some people will say, you have three kids. You're killing yourself. You already have millions of dollars. Explain your mindset. What drives Ivanka Trump?

I. TRUMP: Well, I'm deeply passionate about the work that I do and I'm incredibly grateful to be a mother and a wife and had such an unbelievable and supporting husband and have three incredible kids. I have a five- month-old as well. And be working in a professional capacity that's very fulfilling to me. And this is why I think this issue rings so true for me.  I know that I need the support that I have in order to be able to live my dream, which is to both be a mother and to be a professional woman. And so many parents across this country can't make that choice.

KELLY: What I think is great about you is --

I. TRUMP: -- and come home to their family.

KELLY: Not everybody knows this about you. But I can't reveal what it is but I know, I know for a fact that Ivanka has been offered many, let's call them vanity projects, things that would allow her to sort of become more famous, more well-known and she says no, no, no because she likes the job she's doing. She's a businesswoman at heart. And you've been well educated for it and you do it well by all accounts. I want to ask you about women while I have you here.

Obviously your dad has had some trouble with them. He's 15 points behind Hillary Clinton in most of the polls with women. And he's made some comments about women that have led to that and some of the rough and tumble campaign tactics have led to that. I've always wondered how you reacted to that, you know, like to the re-tweet of Heidi Cruz next to Melania. I mean, give us a flavor of how those events affected you and your reaction.  

I. TRUMP: Well, my father can be an equal opportunity offender. If somebody says something against him, he will speak his mind and he treats women equal to how he treats men. He's said plenty of rough things about men over the years. And I discourage him from doing that as I discourage him from doing that with women. But I think the fact that he doesn't treat us differently or with kid gloves shows the fact that he recognizes we're equipped to handle it and are able to do so.

So, you know, in a certain way it's -- there's no bias. In his viewpoint.  He views all people equally, men or women, it doesn't matter and he treats them accordingly and I think we've seen that. So, he's very authentic and he'll tell anyone, man or woman what he's thinking and how he feels.  

KELLY: Wow! By all accounts you're his top adviser and he has nothing but respect and love for you. So, it's great to have you here.  

I. TRUMP: He's been an amazing father and an amazing boss. I've had the privilege alongside of my own business which you mentioned, I've work with him in our very large family business alongside of my two --

KELLY: I don't know how you do it. I have three kids and just this one job and you have three kids and you get a bunch of jobs.

I. TRUMP: Oh, no, you know, exactly.

KELLY: I am exhausted. You're making me feel bad. I got to go. It's over between us. Thank you for being here.  

I. TRUMP: Thank you. Thank you so much, Megyn.

KELLY: All the best.

I. TRUMP: Take care.

KELLY: Breaking tonight, dramatic video coming to us out of Phoenix where a driver crashed into three police officers standing outside of a patrol vehicle and now we're being told this was an intentional attack. We'll have the breaking news in moments.  

Plus, four years ago today Hillary Clinton was blaming an anti-Muslim video for the Benghazi terror attacks. And now for the first time the number two man in Libya at that time is speaking out as a private citizen with a story he says you need to know about her.

And then we'll show you what happened when Congress today asked Clinton staffers exactly who gave the order to delete her emails. When Professor Alan Dershowitz joins us now.  


CATHERINE HERRIDGE, FOX NEWS CORRESPONDENT: Why did you take the fifth today during the hearing. When you take the fifth ten times before a Congressional hearing, you leave the impression that you fear criminal prosecution.




HERRIDGE: Catherine Herridge, Fox News. Why did you take the fifth today during the hearing? When you take the fifth ten times before a Congressional hearing, excuse me, when you take the fifth ten times before a Congressional hearing, you leave the impression that you fear criminal prosecution.  


KELLY: Woman has got a point. Brand-new video of our FOX News chief intelligence correspondent Catherine Herridge today attempting to get answers from some folks who handled Hillary Clinton's email server. And it was similar to the scene to the one we saw play out on Capitol Hill moments earlier when those folks were asked to answer questions on the records. Watch this.  


REP. JASON CHAFFETZ, R-UTAH, HOUSE OVERSIGHT COMMITTEE CHAIRMAN: Mr. Combetta, do you intend to make an opening statement?

PAUL COMBETTA, PLATTE RIVER NETWORKS: On advice of counsel, I respectfully decline to answer and assert my Fifth Amendment privilege.  

CHAFFETZ: Mr. Thornton, do you intend to make an opening statement?

BILL THORNTON, PLATTE RIVER NETWORKS: On the advice of counsel, I respectfully decline to answer and assert my Fifth Amendment privilege.  

CHAFFETZ: Who told you to delete the emails?  

COMBETTA: On advice of counsel, I respectfully decline to answer and assert my Fifth Amendment privilege.  

CHAFFETZ: Did you send or receive this email?

COMBETTA: On advice of counsel, I respectfully decline to answer and assert my Fifth Amendment privilege.  

CHAFFETZ: Were you interviewed by the FBI?

THORNTON: On the advice of counsel, I respectfully decline to answer and assert my Fifth Amendment constitutional privilege.  

CHAFFETZ: You can't answer the question about whether or not you were interviewed by the FBI?

THORNTON: On the advice of counsel, I respectfully decline.


KELLY: You get the picture.

Joining me now, Harvard Law Professor Alan Dershowitz is here. But first, we go to chief intelligence correspondent Catherine Herridge who is live in D.C. with more. Catherine?

CATHERINE HERRIDGE, FOX NEWS CHIEF INTELLIGENCE CORRESPONDENT: Megyn, the two witnesses who took the fifth work for a Colorado based company Platte River Networks. They manage the server and in March 2015th, destroyed the Clinton email archive despite an order from Congress to preserve the records. The committee today released this email sent five months later suggesting Platte River was having major heartburn after using a technology called the BleachBit to electronically shred the Clinton's record. Quote, "Starting to think this whole thing is really covering up some shady stuff." One Republican calling up the witnesses for cooperating with the FBI but blocking Congress.  


REP. JIM JORDAN, R-OHIO, HOUSE OVERSIGHT COMMITTEE: They won't talk to us. We can't put them in jail. We just want to get answers for the American people. And they won't talk to us. I've never seen anything like this, Mr. Chairman.  


HERRIDGE: The panel did hear from Justin Cooper, a long-time Bill Clinton aide who was questioned about using a hammer to smash two of Hillary Clinton's blackberries.


UNIDENTIFIED FEMALE: Was your purpose in destroying the old blackberry device ever to hide Secretary Clinton's emails from being saved or disclosed from federal records laws?

JUSTIN COOPER, FORMER SENIOR ADVISER, PRESIDENT BILL CLINTON:  Congresswoman, no, it was not in any way to destroy or hide any information at all. I was going out of my way to preserve all of the information that was on those devices.


HERRIDGE: Cooper also had unlimited access to the Clinton's server containing 2100 classified emails and another 22 emails at the top secret level.


CHAFFETZ: Did you have a security clearance at that time?

COOPER: No, I did not have a security clearance.  


HERRIDGE: Democrats said the Republican investigation today is a charade and designed to simply attack Clinton and humiliate the witnesses -- Megyn.  

KELLY: Oh, boy! Catherine, great to see you. Well, last night we brought you the video of the dramatic scene that unfolded yesterday when House Oversight Committee Chairman Jason Chaffetz again handed the FBI a subpoena on Capitol Hill right in the middle of a hearing. Watch.  


CHAFFETZ: Will the FBI provided Congress the full file with no redactions of personal identifiable information?

UNIDENTIFIED MALE: I cannot make that commitment sitting here today.

CHAFFETZ: Then I'm going to issue a subpoena and I'm going to do it right now. So, let's go. I've signed this subpoena. We want all of to 302s and we would like the full file. You can accept service on behalf of the FBI?


CHAFFETZ: You are hereby served.  


KELLY: Joining us now, Harvard Law Professor Alan Dershowitz who is out with a new book "Electile Dysfunction: A Guide for Unaroused Voters."  Great to see you, Professor Emeritus.


KELLY: Wonderful to have you hear. Lots to unpack there. So, let's just start with this -- there's the one guy, Pagliano who refused to testify today. He's refused to testify before based on his Fifth Amendment rights and then there's two guys who work for Platte River Network, which is the firm that managed the server that destroyed emails even after Congress had issued an order that they preserve the emails. What does it tell us that they asserted their Fifth Amendment rights?

If I would their lawyer, I would have advised them to assert their Fifth Amendment rights. There is a possibility that their answers might result in giving incriminating information. And once you know that they're going to assert their fifth, then you can play theater. You can say, did you kill John Kennedy? I asserted the Fifth Amendment. Do you know where Elvis Presley is? I assert the Fifth Amendment. Because if you start answering questions, you can't as the Supreme Court has said, turn on and off the waters --  

KELLY: You know what the voters at home are thinking.

DERSHOWITZ: Of course.

KELLY: Why is somebody facing criminal liability potentially in their own minds for helping Hillary destroy emails or with her email server?

DERSHOWITZ: Because any lawyer would tell them that if they in fact did something after a subpoena was issued, there is at least the possibility that they may have engaged in a criminal conduct. That doesn't mean that Hillary Clinton did. And remember too that it would be a crime for Hillary Clinton or anybody on her behalf to tell these witnesses to take the Fifth Amendment. They can only get that advice from their lawyers. If somebody else tells them to take the fifth, that's an obstruction of justice.  

KELLY: She says, you know you have to right to take the Fifth Amendment.  Then there's a problem. You have no proof she did that.  

DERSHOWITZ: Oh, no. She would have done that.  

KELLY: Let's talk about Chaffetz for a minute. Because yesterday he served the FBI with a subpoena in the Congressional hearing because the FBI had given a bunch of documents from its interviews of Hillary and they were heavily redacted. And Jason Chaffetz's points was, we Congress, we get to see that. You don't get to redact everything from us. Do you agree with Chaffetz or the FBI?

DERSHOWITZ: I'm -- believe it or not, as a liberal Democrat, I'm on Chaffetz's side on this one. The FBI redacts far too many documents. You want to make good investment, invest in that Pen Company that blocks out things on FBI files. That's all they do. And the FBI has no right to make that determination unilaterally. We have a system of checks and balances and Congress has a right to see anything that can't be either kept from them on good grounds. But there should be a presumption that Congress gets it and that presumption should be overcome only by a strong showing.  

KELLY: Now having said that. The viewers should know that you have defended Director Comey and his decision not to indict Hillary Clinton, but not the redaction of this information. But you have defended Comey on that. However, you're not defending Hillary Clinton and you are not defending Donald Trump in "Electile Dysfunction." First of all, how did you come up with that name?

DERSHOWITZ: You know, when you get to be my age, it's harder to get aroused by candidates. We expect more from our candidates. I remember Reagan and Kennedy and I think a lot of Americans are saying, this is not a choice we're happy with. Look, I'm a supporter of Hillary Clinton, I'm going to vote for her with enthusiasm. I'm aroused by her candidacy but I understand why so many Americans are not. And Americans in this election for the first time in history are going to cast more negative than affirmative votes. The vast majority of people voting for Clinton are voting against Trump. The vast majority of people who are voting for Trump are voting against Clinton.

KELLY: What did you think of the whole, you know, pneumonia collapse, it was overheating thing on Sunday?

DERSHOWITZ: I wish she had disclosed on Friday that she had pneumonia. It plays into a narrative which is unfortunate.  

KELLY: Do you think she's a liar?

DERSHOWITZ: No, I don't. I know her personally. She's always been very truthful and very candid. But if Americans have a high level of distrust, then you don't want to feed into a narrative that encourages that feeling among many people. And it's because of that that many Americans feel that we have an electoral dysfunction going on in America today and we need to do better in how we nominate our candidates.  

KELLY: We need a little blue pill in 2016.

DERSHOWITZ: And we also need to make sure that populism doesn't get out of hand all through Eastern Europe, I write in my book, we're seeing the extremes risings, the right, the left. We're a centrist country and we have to continue to be a centrist country with stability.  

KELLY: All right. So, if you want to check out "Electile Dysfunction."  You can go to You can go to You can get the book. It's an e-book, it's only 110 pages, easy read. I don't know whether it will keep you up at night. Sorry. I'm sorry. Okay, great to see you, Professor as always.

DERSHOWITZ: Thank you so much.

KELLY: It's after 9:00.  

Well, four years ago today, Hillary Clinton was waving an anti-Muslim video for the Benghazi terror attacks that killed four Americans. Tonight the second highest ranking State Department official in Libya at that time joins us for the first time now as a private citizen with a story he says you must know about Mrs. Clinton.

Plus, we just got this dramatic video from Arizona where police are tonight telling us that this driver was intentionally trying to run down these police officers.

Trace Gallagher is at the breaking news desk with the story moments away.  Right after this break.  


UNIDENTIFIED MALE: They had no prior contact with this man?

UNIDENTIFIED MALE: Literally out of nowhere this guy comes in and apparently intentionally runs them down.


KELLY: On September 13th, 2012 exactly four years ago tonight then- Secretary of State Hillary Clinton was blaming a quote, "Disgusting and reprehensible anti-Muslim video for the Benghazi terror attacks that killed four Americans including U.S. Ambassador Chris Stevens." An explanation that still sparks debate today. Tonight for the first time as a private citizen, the last person to speak to Ambassador Stevens is speaking out.

Gregory Hicks was Ambassador Stevens' number two guy. He first went public in 2013 in an explosive Congressional testimony claiming desperate pleas for security in Benghazi fell on deaf ears in Mrs. Clinton's State Department. He joins us tonight.

Greg Hicks is the former Deputy Chief of Mission for Libya who just retired after a distinguished 25-year career. Greg, thank you so much for being here. And so, what you have come out to say is that Mrs. Clinton cannot be trusted, in your words, with the security of the nation. Why?

GREGORY HICKS, FORMER DEPUTY CHIEF OF MISSION FOR LIBYA: Well, it's important that we look at the Benghazi experience in that exact context.  Mrs. Clinton delegated her legal security obligation to others. Those obligations to protect official Americans overseas and especially in Benghazi. The law says that responsibility rests with the secretary of state.

KELLY: Uh-hm.

HICKS: And what happened is that our security compliment in Tripoli was reduced from 34 to six. So that when Chris Stevens went to Benghazi, we could only let him take two security officers with him instead of a dozen or more that he should have had. The results are well known. The second - -  

KELLY: (audio gap) she gave instructions to people who have expertise and security to make sure everything was secure.

HICKS: Well, that's right. And you're making the point that I made, which she delegated those responsibilities and that she didn't pay attention afterwards. And consequently, she must bear the responsibility for those outcomes. In addition, she delegated the decision to divide our personnel in Benghazi between two facilities. And that decision cannot be delegated, according to the law. And so we have...

KELLY: And now, but I think one of the things that gets lost is that this was a time when the facility that you were at in Benghazi, Libya -- there had been two bomb attacks on the consulate in the prior six months. The British and the Red Cross had both pulled out of Benghazi over security concerns. Ambassador Chris Stevens had been begging for additional security which she did not provide.

HICKS: Correct.

KELLY: And somehow the Clinton supporters have managed to turn this into you're some sort of a conspiratorial hater if you want to talk about Benghazi.

HICKS: Well, and her spin molesters (ph) are very good at this, but the truth is that she and her delegated authorities took our security away and as the report by the majority of the Benghazi committee indicated, there were no military forces standing by to come and rescue us if something happened.

KELLY: So you're not going to vote for Mrs. Clinton. Are you a Republican? I mean, are you a partisan guy?

HICKS: I have been a professional diplomat for many years. I have voted for the person that I think is the best candidate and I will not vote for Mrs. Clinton because I don't think she's the best candidate.

KELLY: So are you endorsing Donald Trump?

HICKS: I have not decided who I intend to vote for yet.

KELLY: Greg Hicks, thank you for being here. Thanks for your service too.

HICKS: Thank you.

KELLY: Joining us with more, Marc Thiessen, Fox News contributor and a resident fellow at the American Enterprise Institute and Richard Fowler, a nationally syndicated radio talk show host and senior fellow at the New Leaders Council, great to see you both. Richard...



KELLY: ...just focus on that, I mean the absence of security despite the begging of it -- begging for it by Ambassador Stevens and the growing threat there that this administration appears to have downplayed and that the narrative is because they didn't want to make it look like it was bad in Libya on the anniversary of 9/11.

FOWLER: The problem is not Hillary Clinton's spinster (ph) Megyn, but here's what I can say. So in 2010, Congress, the budget committee and both the House and the Senate chose to cut $296 million from the State Department budget...

KELLY: So what?

FOWLER: ...that went to security for our embassies, right? So that's the reason for this. So the reason why they lost security because the money wasn't there.

KELLY: So what? She was the secretary of state and he was an ambassador begging for more security.

FOWLER: But the money -- the resources weren't there because Republicans in the Congress cut it. I mean, that's reported from the Washington Times.

KELLY: So what does a leader do? What does a leader do? What does a leader do in those circumstances?

FOWLER: Well, you go back to Congress and ask for more money, but I guarantee you members of Congress -- Paul Ryan was the budget chair at that time.

KELLY: Did she do that? Did she do that?

FOWLER: They were turned down a request for (inaudible) budget.

KELLY: Is there any record whatsoever, Richard, of her going to Congress or doing anything to try to help them?

FOWLER: When a department, whether it be state, commerce, education, when they put in a budget request and it goes to the Congress, they go down to Congress and they testify about their budget request and when Congress choose to cut that request, multiple times, how can you then there blame the secretary for not having the resources that she needed to make sure that those individuals are safe in Benghazi.

KELLY: Marc, you tell me. Did she ever say I need more resources, my ambassador is begging for security in a very unsafe area as we come up to the 9/11 mark?

THIESSEN: No, she didn't say that, number one. Number two, Richard doesn't know how the State Department budget works. I worked on the Senate Foreign Relations Committee which oversees the (inaudible) budget. She can reprogram money from one embassy to another, from one program to the other. So the idea that...


KELLY: Let him finish. Go Marc.

THIESSEN: Richard, Richard, stop talking. So the reality is if the ambassador is calling saying we need security, then she has the money that she can do it. It's absolutely not true that she didn't have the money and it was Republican Congress's fault. And second of all, they had the money to overthrow the Libyan regime without having any plan for what happened afterwards.

They had the money to send Ambassador Stevens and all those people into a situation of chaos, but they didn't have the money to provide them with the security they needed and they didn't by the way have, apparently, have any troops anywhere nearby to rescue them. This is part of the Clinton doctrine. So we have a larger problem here. The Clinton doctrine is to overthrow regimes and attack terrorists from the air without putting any boots on the ground and we saw this during Bill Clinton's presidency when we were attacked other and over again by Al Qaeda and other terrorists, the World Trade Center, Khobar Towers, USS Cole, embassy in East Africa, we throw a couple of missiles at them, hit a camel in the butt as President Bush famously said, and do nothing about taking away their sanctuaries.

They followed the same doctrine in Libya. They overthrow regime, have no plan for what to do afterwards and they threw Ambassador Stevens...

FOWLER: That's absurd.

KELLY: What about it, Richard because...


KELLY: Let me ask you, Richard. So Libya seems -- she wants to gloss right over because this is what she was basically saying. We didn't lose anybody in Libya. Just the other day -- do we have the sound bite? Here's what she said to NBC News just a couple of days ago. Watch.


HILLARY CLINTON, D-PRESIDENTIAL NOMINEE: With respect to Libya, we did not lose a single American in that action.


KELLY: Okay. Except for Ambassador Stevens and the three other...

FOWLER: Wait a minute, Megyn. PolitFact -- they have written an article about this particular quote. In this quote, she said during the action, which is the time in which they overthrew Kaddafi. That was when the action began and the action ended. Yes, we lost four individuals there and that was awful -- oh my, God.

KELLY: OK, but Marc's point is that she went in into that action without providing adequate ground troops to maintain the stability which we lost...

FOWLER: No, no, no, here's the thing. Hillary doesn't control ground troops...

KELLY: ...and then thing spun out of control and four Americans died...

FOWLER: ...former budget (ph) committee at the Senate, Marc, you know that.

KELLY: ...the four Americans are dead.

FOWLER: She does not control ground troops...

THIESSEN: She's a member of the National Security Council.

FOWLER: She does not -- does she control ground troops?


KELLY: She controlled the security at the consulate.

FOWLER: She does not control the Marines that are stationed at the consulate. Those are controlled by the Marines. So, if we're going to have who's (ph) responsible, she controlled the budget. She does not control the movement of troops...

KELLY: She controlled the security situation at the consulate, Richard, she did. And the absence of the troops outside is one of the things that made the people inside unsafe.

FOWLER: ...and Marc knows that. I mean, once again, this goes back to narrative. They want to do -- Marc and others want to do everything in their power to take down Hillary Clinton, to compare her to her husband. But what we could say, the Bush doctrine killed 5,000 troops and Donald Trump is more of the same. Those are the facts. Mislead with all the jargons Marc.


THIESSEN: You want to dismiss the right wing conspiracy.

FOWLER: No, I won't dismiss it. You discuss it. You talk about Donald Trump doesn't have a defense...

KELLY: Breaking tonight, Trace Gallagher just updated us with new details on this video, a driver smashing into three police officers with his car in what's being called now an intentional attack. Forgive us. This is disturbing video. Trace is up next with what we're now learning about the driver.

Plus, just one day after the White House backed Mrs. Clinton's claim that millions of Trump supporters are racists, sexist and homophobic, the president hits the trail to campaign for her. We'll show you how that went.


KELLY: Breaking tonight throughout the hour, we've been showing you some of this shocking video out of Arizona vividly depicting the moment, three police officers are struck by a fast moving car in an incident that's now being described as a "violent intentional act." Now, there is new information about the man in the driver's seat who is facing attempted murder charges tonight. Trace Gallagher has the story in our West Coast newsroom. Trace?

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Megyn, the Phoenix police chief says not only was it violent or intentional, it was unprovoked and the video appears to back him up. It's just after 1:00 in the morning, police said the surveillance camera on the top right hand side of the screen shows the suspect, a 44-year-old Marc LaQuon Payne, an African-American male pull his Nissan Altima up near the gas pump of a Phoenix convenience store.

On the bottom right you see his head lights are shining directly on three Phoenix police officers including a rookie on his first day. The officers are in uniform standing near a patrol car in a very well-lit area. Then you can see the man in the Nissan backs his car into a parking spot and then turns off the lights. Several minutes then go by before the suspect pulls out of the parking spot, turns on his lights, goes around the gas pump and watch this, goes directly at the police officers.

The rookie officer was thrown up into the air. You see him go into the store window. Another suffered a broken leg, the third officer jumped out of the way. The suspect then tries to fight the officers but amazingly the rookie and the sergeant who jumped out of the way were able to get up, taze and subdue the man, and the chief says they were clearly targeted. Listen.


JOE YAHNER, PHOENIX POLICE CHIEF: It's unacceptable. I've been in law enforcement for over 30 years and I've seen a lot of things. But I have never seen so many senseless violent acts targeting law enforcement.


GALLAGHER: And tonight "The Kelly File" has confirmed the suspect was convicted of three counts of aggravated assault back in 1997 and is now facing three counts of attempted murder and we are investigating his connection to other groups, Megyn?

KELLY: Trace, thank you. Fifty-six days to go and developing tonight, 56 days to the election, one day after the White House refused to denounce Hillary Clinton for her basket of deplorables remark, President Obama hits the campaign trail on her behalf. But instead of mentioning the controversial comments, the president instead opted to direct his focus elsewhere. Watch.


PRESIDENT BARACK OBAMA: Let's talk about Mr. Trump. He's not really a plans guy, a fact guy. This guy who spent 70 years on this earth showing no concern for working people. This guy is suddenly going to be your champion? He's not offering any real policies or plans, just offering division and offering fear. And he's betting that if he scares enough people he might just scare up enough votes to win this election.


KELLY: Joining me now, Katrina Pierson, Trump campaign national spokesperson and Austan Golsbee, the former chief economist for President Obama's Economy Recovery Advisory Board, great to see you both. So, Katrina, the conventional wisdom by the political know it all, is that he will be very helpful to Hillary because President Obama now has a 58 percent approval rating, highest since he's had since 2009, at least July 2009. What say you?

KATRINA PIERSON, TRUMP CAMPAIGN NATIONAL SPOKESPERSON: Well, sure, that is the conventional wisdom. However, this is not a conventional campaign cycle and I think it's worth noting that Obama is campaigning in Pennsylvania, and that should tell you everything you need to know as the polls continue to close on Hillary Clinton. She absolutely needs his help, Megyn, because she's suffering with all of his supporters. Gallup even has Trump with African-American support of John McCain and Mitt Romney combined.

So she's definitely has a problem, particularly after the CNN/ORC poll shows that Donald Trump is actually beating Hillary Clinton with married women. But unfortunately for her, Barack Obama's likeability is not going to transfer to Hillary Clinton.

KELLY: All right, that's the question for Austan. That, according to Chris Stirewalt, is the question that hangs heavy in the air like aroma of a cheesecake from John's roast pork, your thoughts?

AUSTAN GOLSBEE, OBAMA FORMER CHIEF ECONOMIST: I like the sound of that. Look, I think you got economic data that came out today that shows middle class incomes rose the most ever on record and that the poverty rate fell by the most in one year since 1968. That's why the president's popularity is going up. And I think you've seen Donald Trump over the last year and a half when the president's popularity wasn't as high, love to go out and try to tag Hillary Clinton that she's part of the Obama legacy.

And now that the legacy is turning upward, I actually think it's going to hurt Donald Trump and I'm willing to take a bet on what level of African- American support Donald Trump ends up with if Katrina would like to take you that (ph).

KELLY: Well, let me ask you this Katrina. President Obama said today was now he wants to champion the working people. He wasn't going to let you on his golf course. He wasn't going to let you buy in his condo and now suddenly this guy is going to be your champion. Does he have a point?

PIERSON: Well, no. Donald Trump has employed tens of thousands of people over his lifetime and it was Bill Clinton that was golfing at an all white golf course until Jerry Brown called him out on it and Donald Trump is doing just the opposite. He has been out there pushing for the working class for a long time and that's why a lot of the people who work for him love him because he does cares about them. And I think the policy that he put out today with his daughter Ivanka shows just how passionate he is to fix things in the country.

KELLY: Well, the question is how they're going to pay for that paid maternity leave policy Austan because, you know, Ivanka was saying waste, fraud and abuse, you know...

AUSTAN: Correct.

KELLY: But the experts are saying there's not enough. You can't squeeze enough out of that to justify an entitlement if will like this.

AUSTAN: It's more even than just that. This is a policy which if you had spent more than ten minutes working on it you would realize that there were huge holes, but they apparently didn't spend that. So first, it's not a maternity leave policy that should be called paid maternity leave. It's not based on what your income was. In many states, the maximum is going to be a little over $1,000 a month. And second, who pays for it are the newly unemployed. He's taking the money out of unemployment insurance and diverting it to the maternity leave. It's absolutely makes no sense.

KELLY: I got to leave it at that. Good to see you.

PIERSON: No Megyn, it's not just waste, fraud and abuse or even the unemployment insurance. This is an overall policy encompassing reforms with trade, with immigration...

KELLY: Right, you're talking about his pro-growth policy which you're going to justify (ph).

PIERSON: You can't tell moms that we can give money to Iran but not their own tax dollars to themselves.

KELLY: I understand, yeah, but the conservative position is you pressure, you guilt, you do the catholic way. You guilt the employee -- employers into offering this policy but you don't mandate it. OK, great to see you both. Also my Jewish friends, they can understand. We both have that in common. Also tonight, new controversy over Bill Clinton's attempt to ease Americans' minds about his wife's health.


BILL CLINTON, FORMER PRESIDENT: She is doing fine. She was even better last night.


KELLY: That's what millions of Americans saw but that's not what he really said. And up next, we'll show you the rest of the story. Don't miss this.


KELLY: The Clinton campaign tonight announced she'll be back on the campaign trail this Thursday following her health scare at the 9/11 memorial. But tonight there are lingering questions about how one media outlet handled the story. Here's Bill Clinton with Charlie Rose on CBS last night.


B.CLINTON: Well, if it is, it's a mystery to me and all of her doctors. Rarely, but on more than one occasion over the last many, many years the same sort of things happened to her when she just got severely dehydrated.


KELLY: Today we learned that CBS edited out a stumble Bill Clinton made in that answer one that maybe very telling. Here's the longer version that did air today.


B. CLINTON: Well, if it is, it's a mystery to me all and all of her doctors because frequently -- not frequently. Rarely but on more than one occasion over the last many, many years, the same sort of things happen to her when she just got severely dehydrated.


KELLY: Frequently was edited out. CBS says one clip that ran on CBS Evening News was edited purely for time while on deadline for the live broadcast. Guy Benson is political editor and a Fox News contributor, Bud Jackson is a Democratic strategist and chair of the American Working Family Super PAC, good to see you. Guy, do you buy that, edited out for a minute - - second and a half?

GUY BENSON, FOX NEWS CONTRIBUTOR: That's suspect to me, Megyn. And it could have been a slip of the tongue from the former president, but it may not have. And I feel like because we are so starved for actual information about Mrs. Clinton's health and this whole episode, the campaign is on what, their fifth adoration (ph) of their story at this point, to have the president say something potentially worthwhile or insightful and to leave it on the cutting room floor I'm not sure about that editorial decision.

KELLY: What do you make of it, Bud?

BUD JACKSON, DEMOCRATIC STRATEGIST: I think this is a great example of where the media goes wrong by obsessing over something that really is a mountain being made out of a mole hill. And the hypocrisy here, again, is astounding when you've got, you know, and your other guest just saying for example that there needs to be more disclosure, but Donald Trump has disclosed anything but a goofy letter about his own health and on top of that he hasn't released his taxes.

KELLY: Yeah, but if she is "frequently" passing out, the American people...

JACKSON: He corrected that, Megyn.

KELLY: He did, but the slip of the tongue is telling, Bud. It is potentially telling.

JACKSON: Yes, so why don't we all just infer what we want to and distort for our own purposes. I'll take him for what he says in his words.

KELLY: We don't want to infer. We want to see records.

JACKSON: Well, he corrected himself. And you're going to see more records. But Donald Trump hasn't released anything.

KELLY: OK, but great, I want them all. I'm a journalist and I want to see everything. But the point is, Guy, whether this -- this is telling and whether there is more to the illness story.

BENSON: That's what we want to know. And so the thing is, with Bud, I'm totally fine with the point that he made. It's not a hypocritical point on my part. I think that Donald Trump should release his medical records. And that ridiculous letter that his doctor put out...

KELLY: And his tax returns too.

BENSON: not sufficient. Absolutely his tax returns. But that is a Donald Trump issue. This is a Hillary Clinton issue. And it's not okay for Hillary's surrogates and supporters whenever she gets in trouble for them to pivot away, oh but Trump, oh but Trump. No, this is about Mrs. Clinton and what happened to her. We saw it, is what happened on Clinton.

JACKSON: Mrs. Clinton has already released a lot of documents and she's going to be releasing more. Why don't we have Donald Trump live up to her standard of disclosure and disclose -- sorry, go ahead.

KELLY: We'll keep our fingers crossed, 57 days to go. Maybe they're ramping up the disclosure machines right now. We'll be right back with a disclosure of our own.


KELLY: So, exciting news. I am now on Snapchat. You can find me and a peak behind the scenes of our show @megynkellyny. I don't know what I'm doing but I have a 22-year-old helping me so it's all good. Snapchat.

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