KELLY FILE

Carrier employees glad Trump 'lived up to a promise'; HGTV stars under fire over church they attend

This is a rush transcript from "The Kelly File," November 30, 2016. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Breaking tonight, just hours from now, the incoming Trump administration launches its first big trip. First, to celebrate what president-elect calls a win for U.S. workers, and then to kick off a thank you tour. Meeting with the folks who delivered the White House to him.

Welcome to "The Kelly File," everyone. I'm Megyn Kelly reporting tonight from Florida. One of the states penned in as a possible stop on Mr. Trump's travels across America on this tour. The whole thing starts just hours from now. When President-Elect Donald Trump and Vice President-Elect Mike Pence are expected to arrive in Indianapolis to discuss a new plan to keep some 1,000 jobs in Indiana all before this team has even been sworn in as our next leaders.

It comes after weeks of negotiations with the hitting in air conditioning company carrier. Tonight, the company says, incentives were key to keeping it from moving its operations south of the border, down to Mexico. Carrier had long been in Mr. Trump's crosshairs and made national headlines, not the good ones, after its announcement that it was moving operations to Mexico went viral. Here is a quick reminder of how that news went down with carrier workers.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We feel the best way it stay competitive and protect the business for long-term is to move production from our facility in Indianapolis to Monterey, Mexico.

(BLEEP)

(END VIDEO CLIP)

KELLY: What a moment. In moments we will get reaction from two carrier employees directly affected by this news. And then we'll be joined by Wisconsin Congressman Sean Duffy and economics professor Austan Goolsbee.

But we begin tonight with Peter Doocy reporting from Trump Tower in New York City. Peter?

PETER DOOCY, FOX NEWS CORRESPONDENT: And Megyn, the President-Elect still has not been sworn in yet but he did manage to save about a thousand factory workers jobs by delivering on a major campaign promise. Mr. Trump had been threatening to make an example out of carrier, they're heating in air conditioning and refrigeration company for the last mine months or so because that is when they announce a plan to move all of their Indianapolis operations to Monterey, Mexico where labor is cheaper.

If they did that, candidate Trump said would he slap a massive tax on any products the company been tried to sell here in the states and initial negotiations became public on social media when Trump tweeted last week, "I'm working hard even on Thanksgiving trying to get carrier AC company to stay in the U.S. Indiana. Making progress. Will know soon."

Their reply at the time was this. "Carrier has had discussions with the incoming administration and we look forward to working together. Nothing to announce at this time." But it's a week later and a deal is done. So what was it? Well, Carrier did say tonight incentives offered by the state were a big part of the reason they are staying. The Wall Street Journal reports that Indiana Governor turned Vice President-Elect Mike Pence was the point person for some of the give and take and Carrier apparently knew that Pence meant business because he had already taken back some of the incentives his states had given to Carrier when they said, they were moving south.

Now the Vice-President elect is going to join the President-Elect Donald Trump when at this Carrier plant that they figured out how to keep open tomorrow on the first stop of their thank you victory tour. The whole point of this victory tour is to say thanks to the voters who put them in power but it sounds like they may be hearing some thanks themselves from these factory worker as well -- Megyn.

KELLY: Sure does. Peter, thank you. Well, two Carrier employees with more than three decades of service between them join me now.

Paul Roell is a team leader who's worked for the company for 17 years. TJ Bray is an insulator for Carrier and has worked there for 14 years.  Insulator, sorry, TJ. Great of you both to be here.

Paul, let me start with you. That moment that we just watched, let's just watch it again. Because you were in the room when they announced they were moving your job to Mexico. Watch it again.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: And protect the business for long-term, is to move production from our facility in Indianapolis to Monterey, Mexico. (Bleep).  

(END VIDEO CLIP)

KELLY: What was that moment like for you?

PAUL ROELL, CARRIER TEAM LEADER: It was just shocking. I couldn't believe they were going to leave when we had been so profitable for them. I just went numb. I couldn't -- just didn't know how to react to it. And I haven't been able to watch that video --

KELLY: Completely understandable. You're married. You've got two children. How old are your kids?

ROELL: My son is 9 and my daughter is 13.

KELLY: So, this has real-life consequences for you. Were you concerned about being able to find another job?

ROELL: Yes, I was. Especially another job that pays what Carrier pays.  And I was worried about taking a pay cut by getting another job. And you know, I would have to sell my home to get a home somewhere else that I could afford with my lower income by changing jobs.

KELLY: How about you, TJ? When you heard the news, what was your reaction, that they were going to move your job to Mexico?

TJ BRAY, INSULATOR FOR CARRIER: I was completely devastated. You know, this was my only adult job I've ever had. I've had this job since I was 18. So, to have this ripped away from me, no warning or no red signs, red flags that anything was going on with this company, that wouldn't tell us that there was any problems with this company, I was absolutely disgusted by the announcement and the way we were told the announcement and told to shut up when we were, you know, made a loud noise about the fact when we were told we were losing our jobs. So, it was heartbreaking to see what was going on with myself and my coworkers that I care about.

KELLY: And you as well are married with two kids. So when Donald Trump, he made this an issue while he was out on the campaign trail. When he was saying, he was coming after Carrier, did you guys support him? Were you Trump supporters before November 8th?

BRAY: I was not a huge Trump supporter. You know, I didn't really know how to take Mr. Trump. But I'm glad that he actually lived up to a promise and stuck with it and I will gladly draw some support to him and if I get the chance to shake his hand tomorrow to thank him for saving my job, I'll gladly do that.

KELLY: How about you, Paul? How did you feel about him then and now?

ROELL: I supported him the whole time. Even in the beginning when everybody said, he wasn't serious about running as a candidate and when he is going for the Republican nomination, nobody thought would he would get it. His own party was against him. When he got the candidacy to be the nominee for the Republicans. Everybody still said he wasn't going to get the election. He did it. Three weeks after he gets elected, he makes the announcement he had done what he said he was going do with Carrier --  

KELLY: And when you heard the news yesterday, that your job, that you keep your job, how did that feel, Paul?

ROELL: I was ecstatic. Was just shocked. I couldn't believe it. Seen it on Facebook.

KELLY: And how about you, TJ?

BRAY: Same thing as Paul said. I was shocked and still am to this day. I mean, I'm still in shock and still seems surreal. I mean, this is unprecedented. And I'm glad, it seems like I'm part of history that's being made right now with a president being able to put his foot down and being able to save some American jobs.

KELLY: Great to see you guys, thank you both so much for being here.

BRAY: Thank you.

ROELL: Thank you.

KELLY: How about that?

Also with us tonight, Wisconsin Congressman Sean Duffy who is a Republican and member of the House Financial Services Committee. And Austan Goolsbee, he served as chief economist for President Obama's economic recovery board.  Good to see you both.

So, Austan is here to rain on this parade. Because I believe, based on what I heard from producers, Austan, you believe this is basically a form of corporate welfare that you think is cronyism. How is it cronyism?

AUSTAN GOOLSBEE, UNIVERSITY OF CHICAGO'S BOOTH SCHOOL OF BUSINESS: Well, wait. The first thing let me say is, I'm thrilled for the people. About half of the people who are going to keep their jobs. They are still shipping hundreds of the jobs to Mexico. But I'm thrilled for them.

KELLY: Yes.

GOOLSBEE: But what I want to observe is that this is not what Donald Trump promised to do. Donald Trump said he was going to go negotiate with Carrier. He was going to threaten them and get them to keep the jobs here.  What happened here was not a negotiation. They paid them to stay there.  And what I would like to know is how much did they pay them to keep those 1,000 jobs there.

KELLY: Well, reports are, the reports are that they will get -- Carrier will get roughly $700,000 a year for a period of years in state tax incentives. So why is that bad? Because Donald Trump is saying they're going to have more growth under his policy, so everybody wins?

GOOLSBEE: It is $700,000 per job or $700,000 total per year?

KELLY: The report is per Fortune magazine that company is going to get $700,000 a year for a period of years. That's according to Fortune.

GOOLSBEE: Okay. So my point is, that's a payment. And if Hillary Clinton did exactly that, if she went and got the state to give them $700,000 a year for however many years it was, to save 1,000 jobs, you know perfectly well that Donald Trump would have accused her of crony capitalism and making a payment to try to make herself look good.

KELLY: Congressman, Congressman Duffy, do you want to take that on?

REP. SEAN DUFFY, R-WIS., HOUSE FINANCIAL SERVICES COMMITTEE: Yes.  First off, I also want to talk about cronyism. Cronyism is when the administration gets $500 million to Solyndra for political payback. Well, this is Donald Trump doubling down on his promise to help save American jobs, American workers and American companies. And the fact that Donald Trump is going to fight for this forgotten men and women to say, you know what? I know Christmas is coming, that Paul and TJ have the security of a job coming into this Christmas season with their kids is absolutely fantastic. When, Megyn, have we had a president who said I'm willing to fight for you? And Donald Trump made the promise and now --

KELLY: Well President Obama bailed out the auto industry and the Republicans did not like that at all, Congressman.

DUFFY: Well, they didn't put -- we don't know if Mr. Trump had any part of the bailout, I don't know the final deal was. And frankly Mike Pence might have offered tax incentives or credits which states do all the time. But the bottom-line is, 1,000 people still have their jobs and, you know, Austan might not think that's a big deal but he is not losing his job. But for Paul and TJ and --

KELLY: Well, he is happy for TJ and Paul.

GOOLSBEE: I said I'm thrilled that those people kept their jobs.

DUFFY: He is being a little bit like the Grinch. It is a great deal.

GOOLSBEE: It is not the Grinch. If it is a great deal -- if it's a great deal, reveal the numbers. That is one point. The one of the oldest lessons of accounting is nobody hides numbers that are favorable. The fact that they will not tell you what is in the deal suggests that maybe the deal was not as favorable.

DUFFY: But Megyn, think of this --  

KELLY: Well, we will hear more about it, I'm sure.

DUFFY: He is the Vice President-Elect, already saving 1,000 jobs. When he gets into office, tax reform, rolling back rules and regulations that are punishing American manufacturers, fixing the Affordable Care Act and actually making health care affordable for companies and families, that is going to help grow the economy and allow companies like Carrier not to have it intervention but actually stay in the country.

(CROSSTALK)

KELLY: And he's going to make the corporate environment better.

DUFFY: Absolutely.

KELLY: And let's not forget that Carrier has a lot of defense contracts.  They've got a lot of contracts with the government that they certainly don't want to lose if the government gets mad at them because they are moving jobs south of the border. Great to see you both, thank you.

We are also seeing new fall-out tonight after President Obama said it wasn't his policies or his party that were to blame for the election results on November 8th. It was, all together now, Fox News.

Marc Thiessen and Larry Korb were next on why he went there and what it means.

Plus, Chip and Joanna Gaines have one of the most popular shows on HGTV.  But now they are facing an ugly attack. Apparently because a writer does not like where they go to church.

Stirewalt and Perino are here on why this couple is under fire for their faith.

And then we're watching growing protests in Charlotte, North Carolina tonight after the district attorney there not only said there will be no charges in the police shooting of an armed man but also pointed out how many of the witnesses made things up. Things the media ran with and then there were protest including one in which a man died. Back in moments on a busy night.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: After thorough review and given the totality of the circumstances and credible evidence in this case, it is my opinion that Officer Vincent acted lawfully when he shot Mr. Scott.

(END VIDEO CLIP)

KELLY: Developing tonight, new fall-out from controversial remarks that President Obama shared with Rolling Stone magazine. In a wide ranging sit- down, Mr. Obama talked about his legacy, the President-elect and what happened with the election. When he was specifically pressed on the Democrat's shellacking, the President said it was not his policies or his party. Instead, he blamed Fox News. Still, it isn't getting old for him apparently. Apparently according to him Fox News is the leading reason that the Democrat Party now holds a smaller Congressional minority than any time since 1929. If this sounds familiar, it should.

And Howie Kurtz explains why.

HOWIE KURTZ, HOST, "MEDIABUZZ": For eight long years, President Obama has often seems to have one network on his mind.

(BEGIN VIDEO CLIP)

PRESIDENT BARACK OBAMA: If I watched Fox News, I wouldn't vote for me either. Right?

(END VIDEO CLIP)

KURTZ: Now he is taking a parting swipe at Fox lamenting why white working class voters turned out heavily for Donald Trump. He told a sympathetic publisher, Rolling Stone's Jann Wenner, "Part of it is Fox News and every bar and restaurant in big chunks of the country. But part of it is also Democrats not working at a grassroots level." Obama did partially blame his own party but here is what's striking. The President has the world's biggest bully pulpit but he often portrays Fox as all but drowning him out.

(BEGIN VIDEO CLIP)

OBAMA: First of all, I have one television station that is entirely devoted to attacking my administration. I mean, that's a pretty --

UNIDENTIFIED MALE: I assume you're talking about Fox.

OBAMA: Well, that's pretty big megaphone.

(END VIDEO CLIP)

KURTZ: That view promoted by former Communications Director Anita Dunn who once told me Fox was a wing of the Republican Party made no distinction between the networks news and opinion programming. Her boss often invoked FOX in defending ObamaCare.

(BEGIN VIDEO CLIP)

OBAMA: But you don't have to take my word for it. If you've talked to somebody who said, well, I don't know, I was watching Fox News and they said this is horrible.

Well good affordable health care might seem like a famed threat to the freedom of the American people on Fox News, it turns out it's working pretty well in the real world.

(END VIDEO CLIP)

KURTZ: Fox journalists would push back when they were excluded from a media blitz.

(BEGIN VIDEO CLIP)

CHRIS WALLACE, HOST, "FOX NEWS SUNDAY": These guys, everything is personal. I got to tell you everything, they are the biggest bunch of crybabies I have dealt with in my 30 years in Washington.

KURTZ: His Justice Department battled the press seizing phone records from the AP and Fox News chief Washington correspondent James Rosen in leak investigation answers and even branding Rosen a criminal co-conspirator.  Sometimes Obama uses the channel to argue that the right and the left prefer sympathetic outlets but lately his Fox fixation seemed to fade.

WALLACE: Mr. President, welcome back to "Fox News Sunday."

OBAMA: It's great to be with you.

WALLACE: It's been a while.

OBAMA: Better late than ever.

(END VIDEO CLIP)

KURTZ: President Obama is entitled to challenge what he views is unfair criticism. But at times he's used Fox as a scapegoat. Now he is handing the reigns to Trump who is way harsher towards the press and has drawn far more negative media coverage than the outgoing president. Just in the past week, Trump has attacked CNN and the New York Times and as you know, he sometimes criticized Fox as well -- Megyn.

KELLY: Howie, thank you.

Joining me now with more, Marc Thiessen, a Fox News contributor, former chief speechwriter to President George W. Bush. Also Larry Korb, he was the assistant defense secretary under President Reagan. Great to see you both.

Great to see you, Megyn.

This is tiring. Oh, this is so tiring. So tiring. So President Obama asked himself, why is it that the Fox News is on in all those bars and restaurants that he completely ignores as just apparently lunatics who want to consume false propaganda all day. Maybe because it is the most trusted news source for more Americans than any other and people actually are open- minded and want to hear the issues discussed without a liberal bias. Marc Thiessen, your thoughts?

MARC THIESSEN, FOX NEWS CONTRIBUTOR: Absolutely. And, you know, the great irony of this is that he complained about FOX News to Rolling Stone magazine. The people behind the fake UVA rape scandal. They were just found guilty of defamation in a federal court. So he went to Rolling Stone to complain about the Fox News journalism.

KELLY: Can I stop you there? Can I stop you there?

THIESSEN: Yes.

KELLY: And while talking to Rolling Stone, who you just point out is, you know, their king of defamation at the moment, thanks to that judgment. He said this, listen to what you said to Rolling Stone magazine without any hint of irony. Listen.

(BEGIN VIDEO CLIP)

OBAMA: If we are not serious about facts and what's true and what's not, then we have problems.

(END VIDEO CLIP)

KELLY: Okay. So he said it a couple days before he talked to Rolling Stone. But apparently he forgot.

THIESSEN: He said the same thing. He said the same thing in Rolling Stone. Very similar thing. And look, you know, the fact is, if he doesn't like Fox News' coverage, there's a really simple solution to that. Come on Fox News. I mean, how many times did he sit down with you, Megyn, for an interview on "The Kelly File"? Zero, right? How many times did Hillary Clinton sit-down with you for an interview on "The Kelly File"? Zero. I mean, it's not that scary. Larry is here. You know, it is okay. A safe space to do an interview.

But he doesn't want to be asked tough questions. He wants to go to Jann Wenner in Rolling Stone and these psycho fans out there who affirm him.  And the irony is, he complains that we're so segmented, conservatives only listen to conservatives, liberals only talk to liberals. You want to talk to conservatives, come on Fox News.

KELLY: What about that, Larry? I mean, why not, like Hillary Clinton, they dodged the entire, the entire election. And I know why. Because they didn't want to quote, "legitimize Fox News," some of her people. And I think she was likely scared to sit-down with someone who would ask her hard questions. And look how that worked out for them. Why not speak to the country that watches Fox News, that loves Fox News and trusts it?

LARRY KORB, CENTER FOR AMERICAN PROGRESS: Don't forget, Obama has been on Chris Wallace, he's been on Bill O'Reilly. So, he's not, maybe not been on your show. But he has been on --

KELLY: Oh, please, Larry. Please.

KORB: He has been on -- he has been on Fox. And I looked it up. I mean, he has, you know, he is up on the "Today" show but not "Meet The Press."  So I think that he has and if you read the Rolling Stone interview, he mentioned Fox once in 15 pages. Talking about all of the --

KELLY: But he has been doing it for eight years.

KORB: I understand that he's doing that. But the fact of the matter is, he blamed -- he gave Fox for one reason out of three that he blamed for the loss. He wasn't blaming Fox for the loss. And in fact, I agree with you.  You ought to come on all of the networks. You have the largest viewership.  When I come on here, I get more emails than all of the other networks that I've been on.

KELLY: Right.

KORB: Not all of them favorable. But yes, you ought to do that.

KELLY: People watch.

KORB: I mean, you got to get out and you got to get to people. But he did say they weren't getting their message. They didn't have a good ground game. And also that people were --

KELLY: Right. Why do you think they weren't getting your message?

THIESSEN: Yes. Exactly. But look, here's the thing --

KELLY: You were going on channels that nobody was watching. All right, I got go.

KORB: I think that they didn't get the message because -- and I think this is why Nancy Pelosi got challenged by Congressman Ryan because they're too much coastal elites and not enough for the, you know, the folks in the middle of the country who do watch Fox. During the campaign, I spoke to the world --

KELLY: Okay -- got to go.

KORB: Okay.

KELLY: Go ahead Marc, I'll give you the last word.

THIESSEN: Sure. So that interview with Chris Wallace, 28 months since his last Fox News interview. He's been on Fox nine times since he was elected president. He's been on CNN twice as often. So, he is afraid to come on Fox News. And if you are going to complain that you're losing the middle of the country if you don't come on the network that reaches the middle of the country. There are coastal elite party that has no people in the middle of the country. Talk to Fox News if you want to reach them.

KELLY: He just wants to lament that the middle of the country is watching it. Look how that worked out. Great to see you both.

THIESSEN: Thanks, Megyn.

KELLY: Also tonight, speaking of the middle of the country, Chip and Joanna Gaines, host of one of the most popular shows on HGTV out of Waco, Texas, they are now under attack for a big media outlet for where they go to church and what is preached there.

Chris Stirewalt and Dana Perino are next on that.  

Plus, major news out of Charlotte, North Carolina where a police officer has now been cleared of wrongdoing. He will not be charged. And now the protesters are gathering. Wait until you hear what the D.A. said. We are back in a moment.

(COMMERCIAL BREAK)

KELLY: Major controversy developing tonight involving the Texas couple who host the popular HGTV show "Fixer Upper." They find themselves the target of a critical article by a big time website and a writer who apparently doesn't love where this couple goes to church. The pieces on the website BuzzFeed under the headlined "Chip and Joanna Gaines' church is firmly against same-sex marriage."

Trace Gallagher is live in our West Coast Newsroom with how this all unfolded. Trace?

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Megyn, they have a hit show.  Their best-selling authors and Texas monthly magazine credits them with revitalizing the city of Waco but now BuzzFeed has broken the news that "Fixer Upper" host Chip and Joanna Gaines attend an evangelical church in Texas where the pastor is against same sex marriage. Turns out Pastor Jimmy Seibert believes as nearly half of all Christians do according to Pew Research that marriage should be between a man and a woman.

A short time ago the pastor was asked on FoxNews.com Todd Starnes if his church is anti-gay. Watch.

(BEGIN VIDEO CLIP)

PASTOR JIMMY SEIBERT, ANTIOCH COMMUNITY CHURCH: We are not only, not anti- gay. We are just pro helping people in their journey to find out who god is and who he has made them to be.

(END VIDEO CLIP)

GALLAGHER: But the things are we don't know how Chip and Joe Gaines feel about same-sex marriage, because BuzzFeed published the story without getting an answer from them and here's BuzzFeed's reasoning. Quoting fixer upper has fans of all stripes, Christians, feminists and LBGT viewers have all found something to love in the gayness, so in the absence of response from them or their representatives it is worth looking at severe unmoving position Pastor Seibert and Antioch church take on same-sex marriage, in other words, guilt by association. If this type of attack on Christian's beliefs sounds familiar, you will recall in 2014 the Benham brothers had a show on HGTV and when they came out against gay marriage the LGBT community protested, sponsors pulled their ads and HGTV fired them. But this time around even many BuzzFeed readers have responded by calling the story a bit of a witch hunt, Megyn?

KELLY: Trace, thank you. Culture wars ignited the Democrats begin another new term with the House Leader Nancy Pelosi what the minority leader today beating out challenger representative Tim Ryan, but after hemorrhaging control and recent election, is the left missing the message. They are going after this family, they are re-electing Nancy Pelosi as they're leader. What does it tell us? Chris Stirewalt and Dana Perino now, they are here to discuss it. All right, so you tell me Stirewalt, whether it seems you like a great idea to both attack this popular Christian family and elevate yet again Nancy Pelosi who let's face it her record of winning lately hasn't been so good.

CHRIS STIREWALT, FOX NEWS DECISION DESK CORRESPONDENT: Well, you know, in 2010 was a while ago and probably decency would have demanded that after failing to retake the house majority that she would have stepped aside and let somebody else, some other person, a new face, come forward to take over. But she didn't. And she continued to hold power. The reason she is able to continue to hold power is that the Democratic Party as her challenger Tim Ryan from Youngstown, Ohio, the pride of the county, said, this is a coastal party.

This is a party that is a concentrated in very liberal precincts in places like where Nancy Pelosi is from, which is San Francisco, but also New York and enclave, I mean look at the county map and you will see how red the rest of the country is that they are in these places and that kind of thinking is what leads people to do things like, I don't know, attack people for what their pastor said at church in Texas.

KELLY: And this family, Dana, you know, they are very popular. They host their own TV show. They are not bothering anybody? They haven't gone out there to the pulpit and said anything. They just attend a church, the BuzzFeed decided to investigate. And they are just questioning whether these folks are anti-gay and believe in this conversion therapy that pastor has backed and so on.

DANA PERINO, FORMER WHITE HOUSE PRESS SECRETARY: This was definitely an attempt at activist journalism that I think backfired on BuzzFeed. So they decided to go after them. This is a couple that has four children, live if Waco. I spent a lot of time in Waco. That right by Crawford, Texas. That is where we stayed on the whole press corps stayed. And I think Waco is definitely benefitted from having this joyous couple. And David, her son actually writes a really great funny piece in the federalist saying, this couple could ruin your marriage, because they are so happy and so delighted to work side by side that then BuzzFeed decides, how do we get some clicks on our website?

Well they wanted to try to trigger an outrage mob. We have all seen them.  Megyn, you know the outrage mob very well on social media. But the election is over. So now they are trying to find other ways. So they are trotting old ground, so that they could try to find something that will bring up a controversy that will give them all the clicks that they could ever want on their website. But I do think it backfired on them this time around.

KELLY: I mean, is this a future criticism, that we have web sites and publications going into people's churches to say, what does your pastor say with which we the quote majority disagree? At the same time we have Nancy Pelosi standing up there trying, you know push her values on us and then President Obama saying, I don't understand it. It must be Fox News's fault.

STIREWALT: It must be. I personally blame Megyn Kelly. Look, you know who else's church says that same sex relations are a sin? Nancy Pelosi, she's a catholic.

KELLY: Right.

STIREWALT: Roman Catholic Church is pretty unambiguous on that point.  This is a weird space. And certainly we understand why people who are gay feel that they have a right to stand up and say why -- who stands with us and who stands against us. That is fine. When you are getting into the business of going into the pulpit and asking what somebody's pastor said about something else, you don't have them on the record. You don't know anything about them.

KELLY: It's not like they said anything about it.

PERINO: No.

KELLY: They didn't express any agreement one way or the other. They just had a microphone actually stuck in their face now Dana, from BuzzFeed saying do you or don't you, do you or don't you? Wow. Apparently that is the point we're at. And you tell me they want to know if they've ever done this fixer upper thing for a gay or lesbian couple in Waco, assumes facts not in evidence. We don't know what the gay and lesbian population of Waco is or if they ever requested a fixer upper service from this family.

PERINO: What a broad side against this couple, right? And also I think what BuzzFeed didn't realize is that, the election of Donald Trump seems to have done something else which is to allow people to say, stop. This is ridiculous. And to be able to say, I don't need to share my private thoughts with you about anything. And it has nothing to do with what I do which is make people really happy with new houses and a great town in Middle America.

KELLY: Right. None of your bees wax would be the perfect one-liner, just to put that out.

(LAUGHTER)

KELLY: Great to see you both.

PERINO: Bye.

STIREWALT: You bet.

KELLY: So we're also watching protesters gathering tonight in Charlotte, North Carolina. After word that no charges will be brought against the police officer involved in the police shooting of an armed, an armed man.  Kevin Jackson and Eric Guster are next on what was fact? And what was fiction in a very controversial case?

(COMMERCIAL BREAK)

KELLY: Breaking tonight you're looking at live pictures out of Charlotte, North Carolina, where earlier today, a major decision was reach in the case of an officer-involved shooting that ignited days of violent protests. The D.A. announcing today that officer Brentley Vincent will not face charges in the shooting death of Keith Lamont Scott. Despite the account from Scott's wife heard on dramatic cell phone video captured at the scene, repeatedly insisting that her husband did not have a weapon.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Don't shoot him. Don't shoot him. He has no weapon.  He has no weapon. Don't shoot him.

UNIDENTIFIED MALE: Stop. Get down on the floor.

UNIDENTIFIED FEMALE: (BEEP) don't shoot him. Don't shoot him. He didn't do anything.

UNIDENTIFIED MALE: Drop the gun.

UNIDENTIFIED FEMALE: He doesn't have a gun. He has a TBI. He is not going to do anything to you guys. He just took his medicine.

UNIDENTIFIED MALE: Drop the gun.

(BEEP)

UNIDENTIFIED FEMALE: Please don't let them break the windows. Come on out the car.

UNIDENTIFIED MALE: Drop the gun.

UNIDENTIFIED FEMALE: Keith, don't do it. Keith, get out the car.

(END VIDEO CLIP)

KELLY: Trace Gallagher has more from our west coast newsroom. Trace?

GALLAGHER: Megyn, the investigation into the shooting death of Keith Lamont Scott was handled by 63 agents totaling more than 2300 man hours and in the end, 15 career prosecutors voted unanimously that it was justified.  The focal point of the case centered on whether Keith Scott had a gun.  Here is the district attorney. Watch.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: There has been some speculation in the community regarding whether Mr. Scott was armed. I would like to address those specific concerns. All of the credible and available evidence suggests that he was in fact armed.

(END VIDEO CLIP)

GALLAGHER: The D.A. went on to say the colt 380 semiautomatic was loaded, the safety was off and a bullet was in the chamber. Keith Scott's fingerprints were also on the gun along with his DNA and the man later admitted to police that he illegally sold Scott the same gun found at the scene.

Investigators interviewed nine civilian witnesses who claimed to have seen the shooting. Three of them said Keith Scott was unarmed. It was determined all three did not see the shooting. A fourth witness told police she saw a white officer shoot Keith Scott. Officer Brentley Vincent, a black officer in plain clothes fired the fatal shots. Another witness told reporters she saw a book fall from Scott's lap, but later told police she never saw a book or gun. And Keith Scott's wife who you heard, where key to Scott who could be seen on the cell phone video telling police not to shoot her husband said that four white officers fired their guns and that officers Vincent was not involved.

Mrs. Scott also told police her husband had not had a weapon in nine months, but text messages show that just a month before the shooting Mrs. Scott was angry at her husband about his possession of a firearm, Megyn?

KELLY: Wow. Trace, thank you.

Joining me now with more, Kevin Jackson, a Conservative Radio Host and Fox News Contributor and Eric Guster, Attorney and Legal Analyst, great to see you both, Eric, we saw this before, we have seen this time and time again.  We saw it in Ferguson, Missouri. Hands up don't shoot. Turned up to be a lie. People put so much stock in this eyewitness testimony. And you see the D.A. go through it.

This woman Tahisha Williams, I actually saw the shooting, it was a white officers, not a black officer. They came out today. She confessed to the police she never saw the shooting. Tracy McLane, I saw the shooting and she said it was a white officer and with a red shirt, it wasn't this black officer who was under fire for the shooting. Then she also told the police she didn't actually see the shooting. All this protest and so on based on false testimonials and you know where does this officer go to get his reputation back?

ERIC GUSTER, ATTORNEY AND LEGAL ANALYST: Well the protest is not only about the false testimony. Now they lied. That is clear. But what the D.A. said was very important. First of all, North Carolina is an open carry state. Secondly, Keith Lamont Scott did not raise his weapon to the officer. You can have a gun but as long as you don't brandish it so the point where you're threaten an officer he can't be shot. That is why a lot of people are upset.

KELLY: He had drugs too. That is why they got interested in him.

GUSTER: He had weed, weed, Megyn? Weed makes you hungry, it doesn't make you violent.

KELLY: Weed plus a gun plus a man who is acting paranoid and who actually had a psychiatric disorder that caused paranoia. That can make a cop feel a little hinky. You take it, Kevin.

KEVIN JACKSON, CONSERVATIVE RADIO HOST AND FOX NEWS CONTRIBUTOR: I give Eric a lot of credit for coming on here to defend the indefensible. Look, this is yet again, another one of these cases where Eric has to speculate.  He wasn't there. He doesn't know what the police were under. They are more well-trained than he is. He is a backseat driving, because that is what we have come to in America. No matter what happens, if a black person is shot, it has to fall under scrutiny. In this particular case, it wasn't even the fact that a black guy shot him. Suddenly, we got to make it, no, it was four white guys. No it was one white guy, because that would be a better narrative. How about we just allow cops to do their jobs, they are under a lot of scrutiny from civilians and within their own ranks. And we let the justice system take its course. We did it with Hillary Clinton.  So why can't we do it here? Look, this man has lots of problems.

KELLY: I saw that videotape of Mr. Scott's wife, don't shoot him. They ran that on a loop on some of our competitor's channels and left an impression with people that these cops just shot this guy down for no reason, that it was a white cop shooting a black unarmed man. It is not true. It was a black cop shooting a black armed man who wasn't complying.

GUSTER: It was a black cop shot a black man who was not threatening him according to what the D.A. said. And to correct Kevin I am a civil rights, I'm a civil rights lawyer.

(CROSSTALK)

KELLY: He had a gun.

(LAUGHTER)

GUSTER: I practice in this realm. I'm a municipal judge so I see these cases all the time. Just because he had a gun, Megyn, does not mean that he is threatening an officer. And it does not mean (inaudible) that is why so many people are obsessed.

KELLY: And when he refuses to put it down after he is commanded ten times, it becomes a problem. That is what the D.A. concluded.

GUSTER: No, but if you don't threaten an officer they can't shoot you.

(CROSSTALK)

JACKSON: Megyn. Hey, Eric The guy had it -- the gentleman had a loaded gun. Whether it was down or up, it doesn't matter. I would love for you to debate that.

GUSTER: It does. It does.

KELLY: I have to leave it at that. But there is more to say on this case, and we will. We'll be right back. Don't go away.

(COMMERCIAL BREAK)

KELLY: Today we took "The Kelly File" on the road to Fort Hood, Texas to promote my new book "Settle for More." In Fort Hood on November 5th, 2009 at terrorist attacked killing 13 and injuring another 32 people before he was stopped by two brave police officers. More than 40,000 soldiers and airmen who live on this post have lost more than 500 Fort Hood soldiers and airmen in the Iraq war alone. So they know about sacrifice, but despite all this the servicemen and women at Fort Hood are not defined by tragedy.  They are defined by grit, resilience and humility. Watch.

(BEGIN VIDEO CLIP)

KELLY: We are here in Collin Texas at the 5 of November 2009 Fort Hood memorial. I will introduce you to two people you have seen on "The Kelly file" before. In just a minute two survivors of that fateful day but first I want to give you a look at the reception we got in the incredible men and women we met when we were over at the Fort Hood military post earlier today.

GROUP: Hi, Megyn Kelly. Thank you.

KELLY: Great to see you all.

Thank you for your service.

UNIDENTIFIED MALE: I know that everybody that serves the country in some capacity, whether you're a truck driver or teacher, they count up the cost.  And I thank god that my family was able to support me when I counted up this cost I will do it all over again.

UNIDENTIFIED FEMALE: I'm proud to do it. I do it to protect our nation and my family. I'm happy to do what I do.

KELLY: Oh, selfie, very nice.

Two people who survived the terrorist attack joined us at the memorial.  Staff Sergeant Alonso Lunsford who was shot seven times in the attack, including above his left eye, has had more than ten surgeries. He was awarded the Purple Heart in 2015. And former Fort Hood police officer Kimberly Munly she exchanged fire with the terrorist, shooting him twice.  She was also shot three times. One of the bullets went through her leg severing her femoral artery nearly killing her.

You walk around here and see the fallen, do you feel like one of the lucky ones? How do you feel?

STAFF SGT. ALONSO LUNSFORD: I wouldn't say lucky. I feel as if I was fighting for the ones that are fallen.

KELLY: Just had a presidential election, we have a president coming in and new commander-in-chief with a very different outlook on the world and America than our last commander-in-chief. How does it make you feel? I don't want you to get political, but how do you feel about the incoming administration and where we are going as a country?

FORMER FORT HOOD POLICE OFFICER KIMBERLY MUNLY: I think it gives us hope, it gives us some inspiration to make things that have kind of fallen by the way side and to make them better again.

KELLY: There are stories this week about kids on the college campuses who they can't even look at the flag. The flag is too distressing for them and at least one college removed the flag. First put it at half-staff. Now they have removed it. I mean how do you guys feel about that?

MUNLY: Disgusting, completely disgusting. Our youth is so disconnected. And it's sick and it is insane how anyone can disturb or disrupt or terrorize the American flag. That is the reason why we are standing here today. So to all them -- grow up, because they don't know what suffering is like.

KELLY: Thank you.

(END VIDEO CLIP)

KELLY: All right, thanks to Kimberly and Alonso and all the good folks at Fort Hood for their service and dignity. We'll be right back.

(COMMERCIAL BREAK)

KELLY: So tomorrow we're taking "The Kelly File" to Naples, Florida. We are going to have a book signing at the Barnes & Noble there. We hope to see there, if you can make it. Then the villages which we are really looking forward to and thank you all so much for watching. Hope to see you soon. Good night.

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