Gen. Flynn reacts to criticism from Powell; NY AG launches inquiry into Trump's nonprofit

Former secretary of state calls retired lieutenant general 'right-wing nutty' in leaked emails


This is a rush transcript from "The Kelly File," September 14, 2016. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Breaking tonight, new fall out from one of the ugliest political bomb shells in the 2016 race as computer hackers break into the files of one of America's most respected statesman and publish his brutal and uncensored take on the two major party candidates for president.

Good evening. And welcome to "The Kelly File," everyone. I'm Megyn Kelly.  On a day when a series of new swing state polls are creating huge news on the state of the presidential race, the root was theft and release of some private emails has become the big story. Those emails reportedly came from retired four-star General Colin Powell where he's confirmed it now.

A man with a bipartisan record serving under three Republican presidents recently voting twice to elect President Obama and why he expected to confirm Hillary Clinton. That's why it wasn't a huge surprise when this leak started off with a Powell email from this June calling Trump a quote, "national disgrace" and "international pariah." And it wasn't just Trump taking fire. Powell also hammered General Michael Flynn. He is one of Mr. Trump's leading foreign policy advisors and he is here live tonight to respond.

But then we saw some reporting on a scathing email from 2014 about the Clintons. General Powell writing quote, "I would rather not have to vote for her, although she is a friend I respect. A 70-year-old person with a long track record, unbridled ambition, greedy, not transformational with a husband still blanking bimbos at home," according to the New York Post. I love how that he sources. Even in his private emails, he sources on the blanking of the bimbos.

In moments, we will be joined by Fox News digital politics editor Chris Stirewalt along with Dana Perino who is co-host of "The Five" and a former colleague of General Powell's, awkward.

But first we go to Trace Gallagher with our investigation into how this story unfolded today. Trace?

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Megyn, the two years' worth of email was stolen from Colin Powell's Gmail account and given to an anonymously run website called D.C. Leagues which has a history of publishing hacked political emails and reportedly has ties to Russian intelligent services. There are several emails where Colin Powell pushes against what he calls Hillary Clinton's attempt to blame him for her email scandal. Quoting, "I told her staff three times not to try that gambit. I had to throw a mini tantrum at a Hampton's party to get their attention.  She keeps tripping into these character minefields."

Powell says, he made it crystal clear to Mrs. Clinton that he never set up a private server while he was secretary of state and always used a government computer for classified documents. Quoting again, "They are going to blank up the legitimate and necessary use of emails with friggin' record rules. Everything HRC touches she kind of screws up with hubris."

Colin Powell also discussed Hillary Clinton's health. In an email conversation with Democratic mega donor Jeffrey Leeds, Powell writes, quote, "On HD TV, she doesn't look good. She is working herself to death."  Mr. Leeds responds by saying that Rhode Island Democratic Senator Sheldon Whitehouse told him that he and Clinton gave, quote, "Speeches at the same event a few months back and she could barely climb the podium steps."  Jeffrey Leeds also sent a number of emails to Colin Powell detailing Hillary and Bill Clinton's dislike of President Obama.

Powell also goes after Donald Trump telling a journalist earlier this summer that Trump, quote, "Is in the process of destroying himself. No need for Demes to attack him." Later, Powell complains to another reporter about giving Trump free media. Quote, "You guys are playing his game. You are his oxygen." And saying, quote, "To go on and call him an idiot just emboldens him." Powell also called Trump a racist for his birther comments against President Obama.

The Trump campaign has not responded to our calls for comment. The Clinton campaign has chosen not to comment. All these emails are clearly more critical of the Clintons than of Donald Trump but as CNBC points out, the primary headline of the day was Colin Powell calls Donald Trump a national disgrace -- Megyn.

KELLY: Wow! Trace, thank you.

Joining us now, Chris Stirewalt and Dana Perino. Great to see you both.  Wow! A lot to unpack in there.


KELLY: You know, where upon happy, American electorate said, I'm voting for Colin Powell.

PERINO: Right.

KELLY: However, it's not what our controversy. He clearly hates them both. But seems ready to vote for her. What is your biggest take away?

CHRIS STIREWALT, FOX NEWS DIGITAL POLITICS EDITOR: It's not surprising that Colin Powell would feel the way he does about Donald Trump. But it is surprising that the amount of venom, the amount of resentment that he has for the Clintons. And I think, look, frankly, Colin Powell is speaking for a big swath of the electorate.

KELLY: Uh-hm.

STIREWALT: And we see this in poll after poll. That 35, 40 percent of Americans go, I don't like this election. Can I have a do-over on this, please?

KELLY: Uh-hm.

STIREWALT: And for people to say, on the one side, I have a person who has a track record that I find abhorrent and on the other side I have a person who I find abhorrent personally. So, what am I supposed to do?

KELLY: Right.

STIREWALT: And Powell speaks to that frustration.

KELLY: Is that why this became so big, Dana? Because obviously Colin Powell is, you know, has got a long history of serving our country. The man is 79-years-old. But it's the brutal honesty in these emails and the fact that he taps into the narrative, you hear so often perhaps in less colorful terms about these two candidates from people who are dissatisfied with the choices this election.

PERINO: Well, I am amazed. General Powell who is a great statesman who is dragged into this news cycle and into this election, when his private email were hacked and now they are leading THE KELLY FILE. That is a big deal. And I think that both the Trump campaign and the Clinton campaign are very smart, I wouldn't comment either. I would absolutely try to let it go. I might even send him a note saying, we're sorry that that happened to you. And leave it at that.

KELLY: Uh-hm.

STIREWALT: It helps Powell though.

KELLY: How does it help Powell?

STIREWALT: Because --

PERINO: You know, Powell doesn't need help.

STIREWALT: It helps Powell in this way which is, Hillary Clinton did him dirty. She went out and said, basically --

PERINO: He did it.


STIREWALT: I didn't mean to use --  

PERINO: He called her on that.

STIREWALT: And he called her on that. But this is like, calling her on it and then it's like -- and flip the coffee table over in her lap and the wine goes on the -- oh I was standing up and I knocked it over and sorry.

KELLY: What about -- I mean, it is obviously bad for Hillary. Because you can see that even though, you know, he may be prepared to vote for her, he doesn't think much of her. Talking about the character moment and how she could barely climb the podium steps. That exchange he had with somebody.  That's not his words. Those are incoming to him. The character mine field she repeatedly gets too.


KELLY: But on Trump, his birther movement was racist. He is a national disgrace. He is an international pariah. Colin Powell is a Republican. I mean, he says the Republican Party left him a long time ago. But he is more Republican than he is a Democrat. Why is that not harmful to Trump?

STIREWALT: It is. The birther thing continues to be harmful for Trump.  Never forget that Trump's position as Republican nominee is owed in part and probably some large part, to the notoriety he gained by claiming that the President or saying that he believed that the President probably was not born in the United States and was lying about his nativity. That is something that helped Donald Trump get on the front page and stay there and it will continue to hurt him with a considerable portion.

KELLY: Is this -- do you feel -- I know you do a little uncomfortable about discussing the content of these emails.


KELLY: It is like dining on the carcass of the man's dead privacy rights.

PERINO: Okay. You might remember this because --

KELLY: Thank you. Thank you.

PERINO: Do you remember party lines?

STIREWALT: Yes. We didn't have them.

PERINO: In Wyoming where I was growing up, there were party line phones.

KELLY: Is that how you two met?


PERINO: So, my grandmother, the phone would ring once for her, twice for my aunt, three times for my other aunt. Another one for the guy down the road, whatever. And if you picked up and you listen, that was like the worst thing you could do. That was absolutely not allowed. But you still kind of wanted to do it. That's how I feel in talking about these emails like --  


PERINO: You don't pick up the party line phone.


STIREWALT: And we will get burned one day when they put out fake emails.  When one of these group puts out some fake emails and it gets out there and --

KELLY: We were very hesitant to do the story until we saw him confirm.  And say okay --

PERINO: I guess he has to own it.

KELLY: I know. And now it's out there.

PERINO: Boy, does he have a way with words?

KELLY: He is very -- on these emails, he goes on and on.


He should just pick up the phone every once in a while.

STIREWALT: Expletive.

KELLY: So, as we reported moments ago, General Powell did not just reserve his criticism for Donald Trump and Hillary Clinton. He also went after a frequent guest here on "The Kelly File" and Donald Trump adviser, Lieutenant General Michael Flynn.

Powell writing quote, "Flynn got fired as head of the DIA. I asked why Flynn got fired. Abusive with staff. Didn't listen. Worked against policy. Bad management, et cetera. He has been and was right wing nutty ever since."

Joining us now to respond, Lieutenant General Michael Flynn. He is the former director of the Defense Intelligence Agency, which is the intelligence arm of the U.S. Military. He is also author of "The Field of Fight: How We Can Win The Global War Against Radical Islam and its Allies."

General, good to see you.


KELLY: Your reaction to General Powell thoughts?

FLYNN: Yes. Right wing nutty and I think he called me a jerk. I've been actually called worse things by my little sister. You know, I would just tell you. You know, this is another secretary of state, you know, and another individual who has had their email hacked. I mean, what are we learning from this Megyn? I mean, and I will tell you what, more to come.  More to come. And the fact, you know, the business with, you know, not knowing whether or not, you know, nation states have the 33,000 or what Colin Powell has said.

I mean, when are people going to learn that there are threats out there that are going to continue to hack their email. You know, I've said I would love to have my emails hacked and I know that they've tried it.  Because I'm not saying, I'm not disparaging people in my emails. I am being very honest, very blunt about what I say publicly is what I say in my private email communications. I don't screw around like that because I was taught as a young kid by my father to treat others like you like to be treated. And that's the golden rule.

And, you know, Colin Powell, I mean, he is amazing guy, amazing service.  But he is actually, you know, as a footnote in history he is going to be always struggling for his credibility because of the statement that he made to the United Nations that brought us into the war in Iraq. And I tell what you, what, I mean, when I think about some of the dumb decision that have been made over the years by people who have lived in the bubble of Washington, D.C., we just can't have that any more. And frankly, you know, I was -- what he said about Hillary Clinton, what he said about Trump, whatever. You know, I mean, at this stage, we have such bigger issues to deal with in this country going forward.

KELLY: Absolutely. But it is extraordinary to here. Frank discussion --  

FLYNN: It is.

KELLY: -- from somebody like -- do you think this was Russia? I mean, do you think Russia is behind the DNC hack and this hack? And if so, why?

FLYNN: Well, who would know? The White House would know if that was the case. And certainly those in our intelligence community would know if that's the case. You know, I really don't know.

KELLY: Why go after Colin Powell?

FLYNN: Well, you know, hey, everybody that's a highly visible person, when somebody finds that kind of, you know, sort of titillating, whatever you want to call it, you know, information, it is publicly -- they are going to make it publicly available. I mean, people have got to come to grips with their emails, you know, those that are high visibility people. He is a high visibility person. He obviously said some really mean things. I mean, at the end of the day, he said some really mean things. Now, he thought that they were private. But Megyn, nothing is private when you are a target of whether it's an anonymous group or whether it's a nation state.  I don't know whether it's Russia. But it could be a whole bunch of countries.

KELLY: Uh-hm. Well, I said many times in 2016 America, it's no longer enough to pretend.

FLYNN: Exactly.

KELLY: You actually have to be a good person. They will find out if you're not.

FLYNN: Yes. I mean, come on!

KELLY: Forget it.

FLYNN: I feel sorry for him. I really feel sorry for him. I don't agree with what, you know, Dana and Chris said. I mean, I feel bad for him because, you know, he had a great, you know, he had reputation --  


KELLY: Dana feels bad for him. Stirewalt --

FLYNN: Yes. Whatever.

STIREWALT: Fiddly dee.

KELLY: Okay. I got to go. It's great to see you, General.

FLYNN: All right. Thank you.

KELLY: A pleasure.

By the way, Chris and Dana will be together again this Sunday. Look at that. Aren't they adorable? And every Sunday through Election Day. Yes, that's nice. That's nice. Five o'clock p.m. on their new show, it's called --

STIREWALT: "I'll Tell You What."

KELLY: There we go.

PERINO: That's not how you say it.

STIREWALT: How do you say it?

PERINO: You say it.

STIREWALT: I say, "I'll Tell You What."

KELLY: There we go.


Don't miss that. I'll be watching that. Sunday night at 5:00. Set your DVR right now.

PERINO: Thank you.

KELLY: So, you don't miss it. Dana only goes on TV at 5:00. That's it.

STIREWALT: You made this possible --  

KELLY: I am. I am a little matchmaker, matchmaker --  


Plus, we've got breaking news tonight on that stunning series of new polls out today and what it could mean for the White House race. This is big what happened today in the polling.

Tucker Carlson and Ben Domenech are here next to explain what we're seeing and why.

And then breaking news tonight on Hillary Clinton's health and Donald Trump's medical exam. We've got details along with Rolland Martin and Herman Cain to how us how this could play with the voters. Don't go way.


UNIDENTIFIED MALE: If your health is as strong as it seems from your review of systems, why not share your medical records?



KELLY: Fifty five days they say folks. Breaking tonight. A dramatic series of new polls out today show Donald Trump surging ahead of Hillary Clinton in several key battleground states. Early this morning, a Bloomberg poll put the Republican candidate ahead by five points in Ohio.  With a lead of 48 percent to 43 percent. Then Monmouth University released new numbers showing Trump overtaking Clinton in Nevada with a lead of 44 to 42 percent. Then late today we got new numbers from ORC polling, also showing Trump ahead by five in Ohio. And ahead by three in Florida. Two must-win states for the Republican candidate.

Joining me now to break down numbers, Tom Bevan, co-founder and publisher of Tom, great to see you. So what does it tell you?

TOM BEVAN, CO-FOUNDER, REALCLEARPOLITICS.COM: Well, the race is tightening. I mean, we had seen this in the national polls for some time.  And they are usually a leading indicator of what is going on in these battleground states. And this latest round of data confirms that this race has tightened and in some states, Trump has actually move ahead. Albeit by small margins. But clearly in the sort of post Labor Day period, Trump's been surging ahead.


BEVAN: Well, in part because he is consolidated his base. Republicans are rallying behind Trump. In part because he is establishing, expanding his lead among Independents in those states. And if you look at the data, he's also recovered some ground among the college educated white vote in some of these states. And you combine all three of these factors and that's why his numbers are up.

KELLY: To what did we attribute that, the rebounding to some extent with white college-educated voters?

BEVAN: You know what, Megyn, I think this is one of these things about this election. It is not necessarily so much of what Trump has done, it is what Hillary Clinton has done. I mean, it's been bad a couple of weeks for her, bad four or five days in particular. And I think although these polls takes some of that into effect, some of the stuff that happened on Friday and then again on Sunday with the health thing, it is not fully integrated into the numbers yet. But I just think it's been a bad stretch for Hillary Clinton. And I think that has ended up benefiting Donald Trump.

KELLY: You know that the conventional wisdom is, it's hers to lose because the electoral map favors any Democrat and her ground game is more established than his and she has been ahead of him by considerable margins in a lot of these key states especially the ones that he really needs to win like Pennsylvania, they say. And even North Carolina, she is, you know, keeping it tight. Are you seeing that differently now? I mean, is this what we have seen the past week or so, a game-changer here?

BEVAN: Look, I wouldn't necessarily call it game-changer but I definitely think Trump has recovered ground and expanded the map and now I think you know, has more of a chance than people would have speculated that he had a couple of weeks ago.

KELLY: Okay. How much? The last time I made you say a number. I made you. And under duress you said 25 percent chance Trump has of winning.  Now what number? I am going to make you again. What number would you give me?

BEVAN: You're going to force me, okay. Fine. I'm ready for this this time, Megyn. Look, it is upwards of 35 or even 40 percent.


BEVAN: I mean, for the extent -- look, we have five states now that are within a single point. Trump leads by less than a point in Florida, Ohio and Iowa. He is trailing by less than a point in North Carolina and Nevada. If he wins all of this states, and he wins New Hampshire for example, he is within four Electoral College votes of having 269, 269 tie.  So, I mean, he is definitely in the ball game here. And to the extent that we continued to see these numbers in other states, look, there is a race, definitely.

KELLY: Mm-hm. Houston.

Joining me now with more, Tucker Carlson, editor-in-chief of The Daily Caller and co-host of "Fox & Friends" weekend. And Ben Domenech, publisher of The Federalist.

That's what her campaign is saying, Tucker. Houston, we've got a problem.  She was way ahead, she was like double digits ahead nationally in several of these states. It is gone. The latest Quinnipiac poll today out shows that he has cut her lead in half. She still leads him 48-43 percent among likely voters nationwide. But it was 10 percent before and it is not going in the right direction for her.

TUCKER CARLSON, EDITOR-IN-CHIEF, THE DAILY CALLER: What's so striking to me is this is news to her campaign. They are genuinely shocked. This is a campaign that's been run against this backdrop. Sixty five percent of Americans thinks the country is on the wrong track. He's running it as a third term of Obama. He's running as the change candidate.

KELLY: But how can Obama have a 58 percent approval rating in light of all that?

CARLSON: Because that approval rating suggests what people feel about Obama the man. His policies, ObamaCare, his immigration policy, they are not popular. And Trump is running on those things. He is running a campaign about something.

KELLY: Mm-hm.

CARLSON: You may disagree with it. He is inexperienced candidate. He is a flawed guy. But he is running a campaign that has a theme. She is not.  She is running a campaign based on the idea that she is not Trump. And that is not enough.

KELLY: Mm-hm. Ben, how much of this is attributable what you say to Trump getting back on the straight and narrow. He hasn't insulted anybody lately. He hasn't, you know, sort of gone too far off script?

BEN DOMENECH, PUBLISHER, THE FEDERALIST: He is clearing that low bar, basically. I do think that that matters to a certain extent. I think that one of the big problems here that you're seeing when you dig into these numbers that Hillary Clinton is doing very poorly among younger voters, who had been a key aspect of Barack Obama's coalition. Those were the same voters that were really excited to vote for Bernie Sanders.

They are a lot less excited to vote for Hillary Clinton. And I think as Donald Trump becomes more acceptable and looks less and less like some world-ending disaster could he become president, then I think those voters have less of a reason to go out and force themselves to vote for someone about whom they've been very skeptical and when they look at her, they see someone who really does represent the policies of the past.

KELLY: It doesn't look like Tucker, Gary Johnson's little, you know, flub on Syria and Aleppo hurt him. He is still up at 10 points, double digits, some of these key states. What factor is he playing here? If this comes down to a tight contest in critical states like Ohio, does Gary Johnson staying in this race help Trump or help Clinton?

CARLSON: Well, I mean, I don't think the level of thing hurts him for a simple reason. If you're a libertarian candidate, the whole point of your candidacy is you don't care about Aleppo. You're a libertarian. So, it seems pretty obvious that he is drawing mostly from her voters. From disaffected Bernie voters who don't want to vote for Hillary Clinton. I think this is all a surprise though to the left because they have too much contempt for Trump. They consider Trump so morally unacceptable that they never really took him seriously and they made a series of pretty dumb decisions as you always do when you don't take your party serious.

KELLY: Didn't they learn in the Republican primary process that it is a mistake to underestimate him? The question I have for you Ben though is now, so now he is evening things out. It was like this and now he is still behind but he is evening it out. And now we're on the eve of three presidential debates. And so if you're Trump, Ben, at this point, do you go in there and be presidential Trump or do you, you know, throw some haymakers to try to change things?

DOMENECH: I think he has to stay who he is and go in there and throw haymakers. And to the point that Tucker was just making, I think we shouldn't ignore the factor that the media has played. Over the course of the past couple of weeks, they've been hammering at Trump, most members of the media who have been water carriers of the Clintons for years, they have been very defensive about her and really engaged in a lot of gas lighting behavior that, you know, suggested that concerns about her health where, you know, completely conspiratorial, things of that nature.

I think that helps Trump. Because it makes, people are sick of hearing this from the media. They have heard it about every Republican candidate going back for more than a decade. They are sick of it. They don't pay attention to it anymore. And they are very dismissive of it. And I think that is only going to help him especially if he goes into these debates and had a very solid performance.

KELLY: The thing is, you know, it happened repeatedly, you know, there is a reason people have honesty questions about her and character questions about him. But in her case, the Benghazi situation, remember for all of those months in the administration, including her State Department was telling us they had nothing to do with those talking points, nothing,  didn't touch those talking points that said this is about a video. And then it came out that they did.

They had been completely manipulating them. I mean, it was like time and time again, they have told us one thing only to have to reverse themselves or be proven wrong. And it was overheating, it was overheating, there was nothing wrong with her. And like what she says, she has pneumonia. She got a cat-scan. She got an x-ray. Anyway, we were going to talk about health in a minute.

Great to see you both.

TUCKER: Good to be with you.

DOMENECH: Great to see you, Megyn. Thank you.

KELLY: Aren't politicians delightful?

Well, the Washington Post published some explosive reporting this week about Donald Trump's charity foundation. You know, he is always saying he donates a lot to charity, but does he?

And up next, for the first time on FOX, we have a chance to talk with the reporter who broke the story.

Plus, both Hillary Clinton and Donald Trump are facing questions about their health and we will show what each did late today to get past this issue. Herman Cain and Rolland Martin are next on that.


UNIDENTIFIED MALE: If elected at age 70, you would be the oldest person to ever enter the Oval Office. Why do you think you have the stamina for the job?  



KELLY: New developments in the battle over Donald Trump and Hillary Clinton's health. The campaign was today releasing medical records for both Tim Kaine and Hillary Clinton.

Following Mrs. Clinton's collapse in New York on Sunday from complications with pneumonia, according to her team.

But the headlines about Hillary's health only put more focus on the fact that Donald Trump had yet to release any of his own medical records beyond a weird note written by his doctor.

Today, in a taping for The Dr. Oz show, that changed. In a speech just moments ago, Trump seem to take a direct swipe at Hillary's physical fitness.


DONALD TRUMP, R-PRESIDENTIAL CANDIDATE: It is hot and it's always hot when I perform because the crowds are so big, these rooms were not designed for this kind of a crowd.

I don't know, folks. You think Hillary would be able to stand up here for an hour and do this?


I don't know. I don't think so. I don't think so.


KELLY: Trace Gallagher live in our West Coast newsroom with more. Trace?

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Megyn, if the heat got to Hillary on Sunday, her doctor says the democratic presidential nominee has been evaluated several times since and continues to improve, but apparently still has a small sign of pneumonia in her right lung.

The Clinton campaign also release what it calls a comprehensive update on Clinton's health which states that she has no major concerns. Her test results appear to show normal cholesterol, no vitamin deficiencies, normal mammogram, and blood pressure of 100 over 70 which is notable.

Clinton is on thyroid medication and blood thinners and is also taking medication to treat pneumonia. The report notes that in recent years, Mrs. Clinton has suffered and elbow fracture, a concussion after she fainted in 2012 and deep vein thrombosis normally caused by blood clotting in the legs.

Hillary Clinton also claims to frequently do yoga, swimming, walking and weight training.

As for Donald Trump, the same doctor who crafted that hastily written letter saying Trump could be the most healthiest president ever now has new health information about the GOP nominee. That information has been turned over to Dr. Oz but we have to wait until tomorrow's Dr. Oz to find out. The show did release this new exchange between the two. Watch.


UNIDENTIFIED MALE: If elected at age 70, you would be the oldest person to ever enter the Oval Office. Why do you think you have the stamina for job?

TRUMP: Yes. Just about the age as Ronald Reagan. And Hillary is a year behind me. I would say just based on my life. I mean, I've had, I actually and I don't know if this makes sense, I feel as good today as I did when I was 30.


GALLAGHER: After the show the audience said Trump's medical record showed no major concerns. Though, Trump is on a cholesterol lowering drug. He admitted that he like to lose 15 to 20 pounds.

If reports of him weighing 267 pounds are accurate, a doctor I spoke with says 20 pounds is a good start. And Dr. Oz also put Donald Trump through a full systems check and deemed him healthy enough to be president. Trump's favorite exercise, in case you're wondering, is golf. Megyn?

KELLY: This is so weird. I feel like I know too much. Trace, thank you.

And yet, we may know more soon. Joining us, Herman Cain, a Fox News contributor and former GOP presidential candidate, and Roland Martin, who is the managing editor for News 1 now on TV One.

And I was like, knowing the weight? I don't know. Is that a woman thing? I would want to put that out there. That alone is reason not to run for president that you have to put your weight out there, Herman Cain.

But you tell me whether Trump's letter, I guess it's another letter from his weird doctor. With all due respect to the doctor, the letter he initially released was weird.

HERMAN CAIN, FOX NEWS CONTRIBUTOR: It's not about a letter. This is the typical democratic distraction. When Hillary has a health problem then they ask questions about Donald Trump's health. When Hillary has a lying problem then they try to find a lie that Donald Trump told.

Whenever Hillary has a problem with what decision she made relative to some countries, that created chaos around the world, then they try to tie Donald Trump to Putin. This is a typical democrat distraction. Nothing is wrong with Donald Trump's health. Look.



CAIN: I'm 70 years old.

KELLY: I'm calling you in one minute.

CAIN: Wait, let me finish. Let me finish, Roland. I'm 70 years old. Ten years ago, I had cancer. And I'm still here. Four years ago when I ran for president my doctor issued a statement that said I am free and clear.

The democrats are trying to make an issue out of Donald Trump's health when there is no issue. That's what this was about.

KELLY: OK. Go ahead, Roland. Go ahead.

MARTIN: Herman, this is called the American presidency and the American people whether you support democrat or republican, whether you support conservative or liberal, should have -- is time-honored tradition of releasing medical records.

Here is reality. Hillary Clinton released initial records July 2015. That is a fact. Now they are releasing more information today. Donald Trump has been playing the media and playing around because he does not want to do this.

He said I'm going to release taxes. Then his claims I'm getting audited no proof of that. The point is here. Respect the presidency. The American people have a right to make a determination about a candidate who is 70 and one who is 68.

This would be the oldest president we've elected since Ronald Reagan. This is nothing to do with partisan politics. It is about the presidency. Respect that, Herman.


CAIN: Well, look, you're right.

KELLY: What about that, Herman Cain. Because shouldn't we see something more than just a doctor's letter on both sides? Something that let us judge for ourselves. You know, has there ever been a heart issue with either candidate? Has there ever been an ongoing health issue that might resume once in the White House?

MARTIN: Precisely.

CAIN: I do agree, Megyn, that, and I do agree with Roland, which is unusual, that yes, the American public needs to know...


MARTIN: That means you're wrong a lot.

CAIN: No, no, this is only -- this is only the one time I agree with you.


CAIN: Look, yes, the American people deserve to know what the health is of the candidates running. I do agree with that. But, journalists that just graduated from journalism school aren't qualified to look at detailed medical records. This is why I believe...

MARTIN: Guess what?

CAIN: ... that if the doctors -- let me finish. If the doctors issue a letter that is based upon that expertise and knowledge, I'm fine with that.

KELLY: You know what, but seriously, but let me ask...

CAIN: Now, don't drag -- don't drag...

KELLY: The reason, not that I'm harsh on Trump's doctor but the reason I keep referring to him as weird is because that first letter talked about how Trump would be the most fit healthiest president in U.S. history. Which is kind of hyperbole. It's meaningless and that leads subsequent statement by him to come under additional scrutiny. Go ahead, Roland.

MARTIN: And, Megyn, he was a gastro -- hold on. Herman, Herman, Herman...


KELLY: Let him in. Go ahead.

MARTIN: He's a gastroenterologist and he admitted that I wrote the letter in five minute as his Limo was waiting. And so, here is the deal.

I remember -- I remember in 2008 when I flew to Arizona for a NAACP event and Dr. Sanjay Gupta CNN was there and reviewed Senator John McCain's records. He is an excellent doctor. Herman, every network actually now employs medical doctors who do this.

So, this is not some journalists who don't know. And so, what you should versus coming on and try to say it's all democrat just if we have the courage to say...


MARTIN: ... Republicans and Democrats, release your tax records, release your health records. The American people hold.

KELLY: Well, I felt uncomfortable back then as well. Dr. Siegel is one of the doctors who review John McCain's medical records...


CAIN: Roland, media doctors are not the ones that are (Inaudible) that responds. That's all.

KELLY: ... and I distinctively remember too much information about marks on the back side. And we are just to leave it that.

Great to see you both.

MARTIN: All right, Megyn.

KELLY: Yes. So, we are also tracking a new security question after the Obama administration announced plans to increase the number of Syrians coming into the United States. That's just ahead.

Along with a reporter who broke major news this week on Donald Trump's charitable foundation. His first time on Fox. Don't miss this. Next.


KELLY: A new development tonight in the unfolding investigation into Donald Trump's charitable giving. New York Attorney General, Eric Schneiderman, a democrat who has endorsed Hillary Clinton, just announced he is going to investigate the Trump Foundation. Trump's family charity.

But this issue really got started with an in-depth investigation by the Washington Post into how, quote, "Donald Trump retooled his charity to spend other people's money."

The journalist responsible for breaking that news, David Fahrenthold of the Washington Post joins me now. David, great to see you. So, the issue -- let's just start with what you've been doing with the Trump Foundation. His family charity. And what was it about that charity that you found unusual?

DAVID FAHRENTHOLD, WASHINGTON POST POLITICAL REPORTER: Well, what's unusual is that in almost all cases, when a wealthy person creates a foundation and puts their name on it, the expectation is that the money in the foundation is theirs. So, they are giving way their own money.

In Trump's case it's actually the opposite. Since 2007, he is really -- in 2006, he basically spent down all the money he put into it and since then he rebuilt it with money from other people and he hasn't given his own foundation any money since 2008. So, he gives away other people's money with his own name attached. And yet, the impression that a lot people get is he must be giving his own away because what wealthy person would do it i any other way.

KELLY: And he doesn't necessarily disclose to the person on the receiving end that this is actually a donation from one of his friends as opposed to from him. From his family foundation?

FAHRENTHOLD: That's right. We looked at examples, for instance, on the Celebrity Apprentice. On that show he would say to the contestants on national TV, out of my own wallet I'm going to give you a gift because I'm firing you now, I'm going to help your charity.

When we went back and look a lot of those cases were Trump Foundation money. Money from other people that he was giving on television as his own.

KELLY: It's been eight years since he put his own money into his family foundation according to you, what about Trump's individual donations as an individual? You know, if Megyn Kelly wants to make a donation to some charitable cause I can do that in my own name, has he done that?

FAHRENTHOLD: I've been looking for evidence to that. Obviously, Trump has been saying that he gives millions of dollars and that he gives away proceeds of things like his most recent book or Trump University. He doesn't release any details about where he gives.

And so, I've been try doing it for him. I've been trying to prove Donald Trump write they really gives money to charities. I've called 327 charities that to me seem like the charities closest to him, most likely to get a gift, and I found one from his own pocket between 2008 and dismay. That was a gift for less than $10,000 in 2009.

KELLY: When you contact Trump or the organization and say, just give me the name after few charities. I know you don't want to release your tax returns which would show how much you've given, just give me the names of a few charities to which you have donated. What do they say?

FAHRENTHOLD: It's sort of an unusual response. Their response is, Donald Trump gives this money away privately because he doesn't want people to know that they can go to him for donations. That if they let people know how much money he was really giving away he would be hit up all the time by the people seeking donation and it would be a feeding frenzy.

So, this sort of this odd idea that by not saying how much Donald Trump gives away out of his own pocket, they keep people from knowing that Donald Trump has a lot of money.

KELLY: What about the million dollars he claimed he gave to the veterans when he claimed he had raised $6 million and then it was unearthed by you that he hadn't and that the veterans hadn't gotten the money? He points to that now by saying he gave $1 million of his own money to them.

FAHRENTHOLD: So, what happened there was on the, when he skipped the Fox News debate in Iowa in January. Held a big fund raiser and said I raised $6 million for the veterans including $1 million that I've given. He said in January, I already gave it.

I turned out four months later, we were trying to figure out, did he really give it. And Corey Lewandowski, Trump's campaign manager told me, yes, he's given his million dollars but privately. Secretly. We will tell you where it went.

Well, that turned out not to be true. In fact, Trump had given nothing. And it wasn't until we pressed him a little bit more that he actually been gave his donation they promised four months earlier. Kind of in the middle of the night to one group all in one fell swoop. So, yes, that was million dollars of his own money, but first the Trump campaign told us he had already given it when he hadn't.

KELLY: So, what you're saying is Corey Lewandowski misled, I just want to make sure I'm following. Corey -- fascinating. David, great to see you.

FAHRENTHOLD: Thanks for having me on.

KELLY: Joining us now with more, David Wohl, an attorney and Trump supporter, and Krystal Ball who is a Clinton supporter and senior fellow at the New Leaders Council.

So, I'm giving Corey Lewandowski a hard time because he was fired by Trump but I guess still advising him.

David, does it matter? Does it matter if Trump is not charitable and you know, David's reporting doesn't suggest that he is, does it matter?

DAVID WOHL, TRUMP SUPPORTER & ATTORNEY: Megyn, my understanding is that in his career he has given away close to $100 million. Whether he designated it as being from him or anonymous...


KELLY: But nothing over the past eight years.

WOHL: Does that matter? Here's the reality, Megyn.


KELLY: That is -- but, no. Let's not just not rush over that your understanding is $100 million.

WOHL: OK. Sure.

KELLY: Because that guy actually is doing the reporting. And the facts do not suggest that. They suggest he has established this foundation, the foundation gives money but none of it comes from Trump or the Trump family.

WOHL: Well, you know, first of all, this is the Washington Post who is rabidly looking for something to take Mr. Trump down. We have to understand that.


KELLY: That doesn't mean it's not true.

WOHL: That's the back drop. But, Megyn, if someone donates money to the foundation with the idea that that foundation is a charitable foundation and the money is going to go to other charities, the question then becomes, the money goes to a charity, that's the intended purpose. What exactly is the difference?

I don't know what it is, Megyn. The Washington Post, like Mr. Schneiderman who is investigating this matter, both have decidedly anti-Trump division.


KELLY: Yes. We will get to Schneiderman in a minute.

WOHL: He's not only -- he's not only...


KELLY: Yes. We'll get him in one second, let me -- let me...

WOHL: ... he's not only a supporter of Clinton -- OK.

KELLY: I just want to stay on Trump's charitable inclinations, and then we'll get to Schneiderman. Krystal, your thoughts?

KRYSTAL BALL, NEW LEADERS COUNCIL SENIOR FELLOW: Well, I think matters greatly whether Mr. Trump's words match his deeds and based on the reporting here they certainly don't. I mean, there is obviously an answer here if he would just release his tax returns we would know exactly how much he has given charitably.

But look, we know very little about Mr. Trump. He doesn't have a record of public service. He won't release his tax returns. We know very little about his financial dealings. So, all of this reporting into what is actually going on with the foundation, what kind of charitable donations has he given and to whom is incredibly important information for voters to be able to...


KELLY: What if he hasn't given any? Why should we care?

BALL: We should care because he said that he has. And also you would think that someone who wants, who is as wealthy as he is, who talks about how wealthy he is and how great he has been for people, that you would think that he would have some inclination to give back to this great country and the people in it that have done so much to buoy him.

KELLY: OK. David, what about Eric Schneiderman. Because this is making a bunch of headlines that the New York Attorney General is now looking into the Trump Foundation...

WOHL: Yes.

KELLY: ... this family charity to see whether any funny business is a foot. Is this a political hit job?

WOHL: Well, Schneiderman not only supports Hillary Clinton, he's formally endorsed Hillary Clinton and he's been named by her to her campaign's leadership council. Are you kidding me, Megyn?

He is a politician, not a prosecutor. When she is down for an eight count he says, what can I do politically to try to salvage her campaign and he jumps in with something like this. It's absolutely outrageous especially in light of the fact that when the Clinton Foundation scandal came around with respect to issues of foreign donations, she had disclosed the hundreds of millions of dollars of foreign donations...


KELLY: He wasn't as interested. Yes, but I have to go. But I have to get Krystal on this.

WOHL: he's failed to do so. And what he's trying to do? Crickets.

KELLY: Quickly. Krystal, question for you. Couldn't he have waited? If this is not political, couldn't he have waited and shouldn't he have waited until November 9?

BALL: No, because voters need this information. I mean, the sooner, the better. They should know as much as they can about this man before they...


KELLY: Well, Schneirder and Fahrenthold of the Washington Post is giving it tonight.

BALL: But we can get more from an independent investigation from the New York attorney general, why wouldn't he want to know about that?


WOHL: It's not an independent. That's the whole point.

KELLY: I don't know if they can.

WOHL: It's not independent.

KELLY: Great to see you both. Thank you.

WOHL: Thank you.

KELLY: Up next, more refugees, coming our way.


KELLY: Developing tonight. New security questions following a big announcement from the Obama administration. Earlier today, the White House releasing its plan it take in 110,000 refugees in the coming year, which some republicans say puts us at greater risk for an ISIS style attack.

Chief intelligence correspondent Catherine Herridge has the story. Catherine?

CATHERINE HERRIDGE, FOX NEWS CHIEF INTELLIGENCE CORRESPONDENT: On the Hill today, republican lawmakers said expanding the refugee program next year ignores data and recent arrest like the three ISIS suspects picked up this week at a German refugee shelter.


JOHN RATCLIFFE, U.S. CONGRESSMAN: It would appear that despite warnings from our own top national security officials and then independent events like what happened in Germany, that the administration is potentially doubling down on this Syrian refugee program.

UNIDENTIFIED MALE: We still don't have a national strategy to combat terrorist travel. Our refugee program is not as secure as it needs to be.


HERRIDGE: As military pressure squeezes ISIS in Iraq, national security experts expect foreign fighters to fan out across Europe as they fly back to their native countries.

And the threat is not a hypothetical. As the ISIS terrorist Abdelhamid Abaaoud whose behind November's Paris massacre traveled with his team posing as a refugee. One homeland security official acknowledged the challenge.


FRANCIS TAYLOR, HOMELAND SECURITY UNDERSECRETARY: It is not that we don't have perfect information on the individuals. Just that some of the information is destroyed. It does not mean we can't check other data sets for data that helps us better understand who we are dealing with and to validate their stories.


HERRIDGE: Administration officials insisted the vetting process has already denied several hundred applicants and a much larger group is on hold pending further scrutiny. Megyn?

KELLY: Catherine Herridge, thank you. We'll be right back. Don't go away.


KELLY: Now if you knew that to run for president you would have to disclose your weight and all your medical records, would you do it? Is this another way of just eliminating all the best candidates? Who in their right mind wants to release that stuff?

Your thoughts. Exactly. I'm sucking it all in right now., and on Twitter @megynkelly. Let me know what you think. Thanks for watching, everybody. I'm Megyn Kelly. This is "The Kelly File."

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