This is a rush transcript from "The Kelly File," December 20, 2016. This copy may not be in its final form and may be updated.
SHANNON BREAM, GUEST HOST: Breaking tonight, the apparent terror attack in Germany causing security concerns around the globe including right here at home.
Welcome to "The Kelly File," I'm Shannon Bream in for Megyn Kelly.
This is a live look at Berlin, Germany, where an active manhunt is under way at this hour. As the terror group ISIS claims one of it's, quote, "soldiers" was behind the attack on a Christmas market there last night. The only person taken into custody so far has since been released and officials say whoever did this is likely armed, dangerous and preparing to act out again.
The attack involved a person driving a truck into a crowded market killing a dozen people, wounding many, many more. And almost repeating the style of attack we saw in Nice, France, this summer. And what we don't know exactly who is behind this, the evidence of terrorism seems to be growing by the minute.
Officials in cities like New York and around the globe are taking extra precautions as the holiday season gets into full swing. In moments, we will speak with former extremist Maajid Nawaz along with former CIA officer Buck Sexton. Then New York Times best-selling author Brigitte Gabriel and former assistant defense secretary Larry Korb about suggestions that Germany's immigration policies played a direct role here.
First, we go to Trace Gallagher live in our West Coast newsroom with the latest developments in manhunts.
TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Shannon, ISIS has not released a statement through its mock news agency describing the driver of the truck as a, quote, "Soldier who answered the call to wage attacks against countries fighting the terror group."
Though the statement did not offer details about if the driver interacted with ISIS or was just inspired by it, and German authorities have now released the primary suspect because there was no evidence linking him to the truck. No eyewitness accounts and no DNA found inside the cab, which means there is now a countrywide manhunt in Germany for a mass murderer who authorities say was intent on killing as many people as possible.
Investigators say the driver turned off the headlights, drove on to the sidewalk, and sped the 25-ton truck directly at tables and wooden stands filled with shoppers. The driver fled the scene and a passenger, identified as a Polish man, was found dead inside the cab with gunshot and stab wounds.
The man who owns the truck claims it was carjacked a few hours before the massacre and it was his cousin who was shot and killed. Germany has seen a series of small attacks in recent months, but this now puts the country among the ranks of Belgium and France that have both seen large scale attacks.
And the country's right-wing politicians are wasting no time in blaming the attack on German Chancellor Angela Merkel and her decision last year to open German borders to nearly a million migrants.
Today, the German leader said this, watch.
(BEGIN VIDEO CLIP)
ANGELA MERKEL, GERMAN CHANCELLOR (through translator): There is much we still do not know with sufficient certainty, but we must, I think, stand now, assume it was a terrorist attack. I know it would be especially hard for all of us to bear, who would confirm that the person who committed this act was someone who sought protection and asylum in Germany.
(END VIDEO CLIP)
GALLAGHER: For now in Germany, the death toll stands at 12, but of the 50 who are hurt, doctors say 18 of them have life-threatening injuries. And while Germany mourns and searches, major cities around the world including here in the U.S. are stepping up security.
For example, even though there are no specific or credible threats in New York, the NYPD is moving heavily armed, critical response officers toward Christmas markets and public gathering places. And investigators are doubling back with truck rental companies looking for any suspicious activity. Other big cities are following suit and will apparently remain on high alert throughout the holidays.
BREAM: All right Trace, thank you so much.
Joining us now with more, Maajid Nawaz, a former Islamic extremist turn anti-terror crusader and Buck Sexton, a former CIA officer now on The Blaze. Good to see you both.
BUCK SEXTON, FORMER CIA OFFICER: Pleasure.
BREAM: Where do we go from here, Buck, as far as trying to track down this individual? They are needle in a hay stack, or do you think the authorities have enough information to find the person responsible?
SEXTON: If they have it, they're certainly not sharing it. I think there are a lot of people that would expect that at this stage, they would have some details out there.
Right now there's essentially nothing. It's been said that the individual driving the vehicle was masked. We know that the Islamic State has claimed that this is one of theirs. And they use very similar language, by the way.
There are now three vehicular attacks that the Islamic State has through its channels said this was us. Ohio state, Nice, and now the Berlin attack.
Here, this is an instance where you have somebody who is still on the run, which is a difference from what we usually see in this kind of circumstance. Usually, it's a martyrdom operation or somebody that no longer has to worry about being caught.
So the authorities are working not just, of course, try to track this person down and bring him to justice, but also to prevent what is very likely here, which is the attempt at least at another mass casualty attack.
Not that hard to get this individual's hands on another vehicle and try to mow down a big crowd of people. So they have a big challenge ahead of them and they seem like they have very few leads right now.
BREAM: Yes. I mean, imagine, cars and trucks are everywhere. I mean, you grab one. There was a person obviously found dead in the truck, so we don't know if this was a carjacking, that person had anything to do with it or just an innocent bystanders, but there are plots all over the place in Germany and all throughout Europe.
A 12-year-old planting a nail and shrapnel bomb for another Christmas market. I mean, how do we even begin to combat this?
MAAJID NAWAZ, A FORMER ISLAMIC EXTREMIST: Unfortunately, we've seen all warning signs for decades, but in particular over the last few years, the terrorist organization such as ISIS, the former al Qaeda, have been instructing people to use every day instruments and turn them into weapons, to weaponize our day-to-day lives in that sense. And it makes it almost impossible to predict.
What I can predict at this stage is that if this man isn't caught, then all the bearings and the packing of how he's behave will tell us that what he's planning to do is another attack. He clearly shot the guy that was in -- looks like he shot the guy that was in the truck. So he is armed.
And he probably doesn't intend to get caught until he can conduct another attack. And everything we see from these attack looks like a typical ISIS kind of attack as it was in Nice.
Now ISIS, of course, can claim responsibility for it, and that almost becomes irrelevant, because actually any form of attack in this way, any Jihadist attack will have the same effect on German society.
Merkel is up for re-election. And one thing that ISIS is very clear on because they told us is that they want to polarize European society even further and actually as that election comes forward next year, we'll probably see unfortunately more such attacks.
BREAM: And does it matter at this point whether this person is formerly connected to ISIS, whether he ever went to a training camp or he's just an inspired lone wolf? I mean, the end result is the same, dead people or terror.
This is one of the terrible legacies of the Islamic State. Whereas al- Qaeda was generally thought of more for its massive operational planning abroad like 9/11 and other attacks that bring down embassies, bring down planes, the Islamic State very explicitly and for months, by the way, leading up to this attack. And there were some that were thwarted in Germany as well which did not get a lot of coverage.
People that tried to pull off something similar to this. The Islamic State was saying use knives, use vehicles, use whatever you have at hand, as Maajid just said, weaponizing everyday life around you. Essentially creating a state of total and constant war for civilians in Europe and if they could here in America as well.
This is the -- these are the explicit instructions that are in the jihadist material that are in their magazines, the propaganda they put out there. And so anybody who decides to act on this is inherently a part of the sort of ISIS virtual caliphate if you will and they encourage this.
So there doesn't have to be a formal affiliation at all. ISIS can claim credit merely by saying we incited this and we want more of this.
BREAM: By the way, today, Lucas Tomlinson who is our Pentagon producer confirmed with two defense officials that 22 Gitmo detainees are set to be released.
The president is trying to get them released before inauguration day for the new president in 2017. We've been told all along that it is a propaganda tool against the U.S.
Is this a gesture of good will to let these people go? Do they come out, Maajid, even more hardened and ready to go back to this kind of activity?
NAWAZ: Well, the rates of recidivism for people that have been inside those sorts of detention centers, especially in say Saudi Arabia, where they attempted that form of detention are quite high. But, frankly, one thing we have to understand with Jihadist terrorist organizations is that they will exploit any form of grievance. And even if those grievances are entirely concocted.
Let's take the example of Syria. ISIS, the very organization we're talking about now, before the West intervened to stop them engaged in a genocide against the Yazidi population, what's heading the Syrian population, the West doesn't care about. That's why they are not intervening.
When the intervention did happen to attempt to stop a genocide, they then said look at these western imperatives coming here in an attempt to invade our countries. So they will twist and turn any kind of world event to justify other grievance when really what they are interested in is ideological proximitization (ph).
BREAM: And leveraging whatever opportunity they have.
NAWAZ: Absolutely, yes.
BREAM: Maajid and Buck, great to see you both. Thank you.
BREAM: All right, yesterday's attack in Berlin also energizing critics of European immigration policies specifically that recent influx of refugees from nations like Syria and despite the concerns even back in 2015 that ISIS could infiltrate the population.
This is what we're hearing from German Chancellor Angela Merkel.
(BEGIN VIDEO CLIP)
MERKEL: (SPEAKING THROUGH FOREIGN LANGUAGE)
(END VIDEO CLIP)
BREAM: Brigitte Gabriel, The New York Times best-selling author and CEO of Act for America. Larry Korb is a senior fellow with the Center for American Progress and a former assistant defense secretary.
Great to see you both.
LARRY KORB, SENIOR FELLOW, CENTER FOR AMERICAN PROGRESS: Great.
BRIGITTE GABRIEL, CEO, ACT FOR AMERICA: Thank you.
BREAM: Brigitte, it certainly sounds like the chancellor has had a change of heart over the last few months. We all know the praise that she got for welcoming so many displaced people, while people on the other side sounding an alarm that there needed to be caution built into it.
Now it sounds like she is toughening on that and saying I'm not going to have a repeat of that influx again.
GABRIEL: Well, she obviously is reaping the results of what she has sold. And she can no longer hide behind or cover the effect like what they did in New Year's Eve in Cologne, where they tried to underplay that it wasn't refugees because they did not want to alienate the German public.
Today, with the Internet and cable television, the German government can no longer hide that this is actually driven by Islamic refugees that they have imported into the country. And right now, the German people know for a fact that their government that put them in danger and actually threw some of them out of their homes in order put refugees in their homes.
So, Angela Merkel knows, she is in trouble and she needs to turn around really fast if she wants to be re-elected.
BREAM: Larry, is it fair those who are coming forward to say they are calling this quote, "Merkel's dead." These people who lost their lives at the Christmas market, dozens more injured.
Is it fair to say that? Is it overstating it?
KORB: Well, I think it is. We don't even know who did it. We don't know if this person was a refugee or whether he or she was born in the country. It's just like the massacre we have down in Orlando. That was a Native American.
We've got terrorism all the time. The young man who was just convicted of going into an African-American church and killing people. Terrorism as a tactic, you're not going to get rid of it.
BREAM: But ISIS didn't -- ISIS doesn't come forward and claim responsibility for things like the horrific tragic Charleston shooting, but they do encourage these kinds of vehicular attacks in their own magazine in November 2016, that's what they called for, and now they've taken credit for this.
KORB: Well, there's no doubt about that feeds into the narrative. And what they are doing is because we're beating them, we've killed something like 50,000 of them in the Middle East. They're going into these other areas to show they are still relevant and to attract more recruits, but remember, was this a lone wolf? Was this somebody who is reading the magazine or did they train them?
You have people get inspired by all kinds of things to do these things. Something Merkel said that you didn't show, she said, we can't give into the fear because if we do, they win.
And they have information about these Christmas markets. They were warned something might happen. Why they didn't do it, I don't know.
BREAM: Well, Brigitte, we know that there are cities all over the world including New York City. I've seen a very heavy presence on the streets here. You know, they do what they can, but short of shutting down our western way of life, you know, how do we avoid innocent people getting caught up in attacks like this? When does it stop?
GABRIEL: Well, at this time, the radicals are feeling empowered. They are not stopping because now they are able to carry their own jihads basically saying in front of the Internet, learning how to put a bomb under your mother's kitchen or how to use a machete, to basically kill people or how to drive a truck into a busy market.
And as a matter of fact, the markets in Germany, they have barricaded the streets. He went around the barricade and over the sidewalk in order to kill people.
So it is becoming a very challenging to detect these things. But this is where the American public and public in general plays a major role in being vigilant and keeping their eyes open on someone acting suspiciously. Somebody fidgeting. Somebody who's about to carry something. You can tell the tale signs when somebody's looking around, because they're afraid or they are worried they're about to do something.
If somebody is taking pictures of doors or cameras around buildings, places where tourists usually don't take pictures. This is just some tips that the people and in particular the American people especially here in America right now watching us can do to be able to keep their eyes open.
On our website, ActForAmerica.org, we have a program called Open Eyes, Save Lives. I encourage people to go there to learn more tips on what to look out for and how they can protect themselves if something happens, if in fact it happens this Christmas.
BREAM: Yes. Well, we know the State Department warned Americans against traveling in certain areas. Those alerts have not gone away and it seems like they are hiding this holiday season more than ever.
Larry and Brigitte, thank you both.
GABRIEL: Thank you.
KORB: Yes, don't forget, they did it for the --
BREAM: OK. Larry, thank you.
President-elect Donald Trump hit a dramatic goal following yesterday's terror attack in Berlin. We're going to show his response with a live report from Mar-a-Lago.
Plus, in the face of terror, critics are still hitting Mr. Trump about how he is handling Intel briefings. Mark Thiessen and Jessica Ehrlich are here on that.
And MTV is facing a growing backlash over a video that one of our favorite media critics is describing as racist and sexist. We'll show you that and let you decide, just ahead.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: First off, try to recognize that America was never great for anyone who wasn't a white guy.
UNIDENTIFIED FEMALE: Can we just all agree that "Black Lives Matter" isn't the opposite of all lives matter. Black lives just matter.
(END VIDEO CLIP)
BREAM: Breaking tonight, a live look in Berlin, Germany, 24 hours after a terror attack that claimed at least a dozen lives.
And President-elect Donald Trump responds to the attack with a powerful statement about eradicating terror from the face of the earth.
For more on that, we'll go to correspondent Peter Doocy who was at Mr. Trump's Mar-a-Lago Resort tonight.
PETER DOOCY, FOX NEWS CORRESPONDENT: Hi, Shannon. The next president was very quick to use a couple of words that the current White House has been hesitant to utter after similar attacks for the last eight years. Those words are, Islamic terrorism.
In a paper statement about the truck attack in Germany, the president-elect said in part, this, "ISIS and other Islamism terrorists continue -- continually slaughter Christians in their communities and places of worship as part of their global jihad. These terrorists and their regional and worldwide networks must be eradicated from the face of the earth."
And this morning, a senior official from the transition team said that using strong and specific language like that to describe the people planning or carrying out attacks is one way the next administration plans to address terror.
(BEGIN VIDEO CLIP)
SEAN SPICER, RNC CHIEF STRATEGIST: We've got to be able to call it what it is and then root it out by its very -- by the bottom. We cannot be politically correct. We've got to understand the threat that we face and attack it straight on.
(END VIDEO CLIP)
DOOCY: The president-elect also tweeted. He thinks the civilized world must change it's thinking to counterattacks like the one in Germany in the future. And we're told, we were told on a conference call this morning that yesterday as events were unfolding at that market in Germany, the president-elect was briefed here at Mar-A-Lago. He was also in contact with his national security team up in Washington.
BREAM: All right. Peter Doocy live in Florida, thank you.
And as Peter just mentioned, the president-elect has been briefed on the situation in Germany bringing the debate over daily intelligence briefings back into the spotlight.
The issue was first raised when Mr. Trump said he receives the briefings on an as-needed basis prompting strong criticism from President Obama.
(BEGIN VIDEO CLIP)
PRESIDENT BARACK OBAMA: I think the president-elect may say one thing and do another once he's here. It doesn't matter how smart you are. You have to have the best information possible to make the best decisions possible. If you're not getting their perspective, their detailed perspective, then you are flying blind.
(END VIDEO CLIP)
BREAM: Joining me now, Mark Thiessen, American Enterprise Institute fellow and "Fox News" contributor and Jessica Ehrlich, Democratic strategist and former Florida congressional candidate.
Great to see you both.
MARK THIESSEN, FOX NEWS CONTRIBUTOR: Good to see you.
JESSICA EHRLICH, DEMOCRATIC STRATEGIST: Good evening.
BREAM: All right, Mark, we can't ignore the fact that you have done a lot of reporting on presidential briefings and criticized President Obama over his own record. There have been critics that comes after you who question some of your reporting, but clearly this is different for everyone.
THIESSEN: No, absolutely. And what President Obama said in that briefing -- in that interview is 100 percent correct. This is the most important meeting that the president of the United States has every day. Sitting down with his intelligence advisors, going through the daily threat matrix, going through all the Intel that's come in overnight about threats to the country.
The problem is is that President Obama, during his presidency, has skipped that meeting, over -- almost 60 percent of the time. From 2009 until 2014, he has missed six, almost six out of ten of those meeting.
Now his defenders say, well, he reads the presidential daily brief, and so that's just as good as having an in-person meeting. No, it's not. If you're reading it on a piece of paper, you can't -- or an iPad as he supposedly does, you can't ask questions. You can't probe for information. You can't challenge assumptions. You can't ask for more information and say I will need more about that, or I need less about this. So this is a really important meeting.
When Donald Trump is president, he needs to go to it every single day. It's really super important, but Barack Obama is sort of giving him a do as I say, not as I do piece of advice here.
BREAM: All right, Jessica, I want to read to you from what Donald Trump told our Chris Wallace on "Fox News Sunday" just to clarify what he has said about the briefings.
He said, "First of all, these are very good people that are giving me the briefings. If something should change from this point immediately call me, I'm available on one minute's notice."
He went on to say, "I don't need to hear the same thing over and over. If there isn't a change to the situation, but call me 24/7 if there is."
He also talked about his generals and now Vice President-elect Mike Pence being briefed all the time and, you know -- is that good enough for you?
EHRLICH: Well, I think there's a two-fold concern in terms of President Trump or President-elect Trump not getting these daily briefings. One is, he's already expressed and even through his Twitter a lot of doubt and mistrust of our national security officers. And the Intel that they are delivering. And I think, you know, partly to Mark's point that needs to be built up.
There needs to be a relationship that is established between the president and his agents who are out around the world, you know, representing the United States gathering Intel and their ability to deliver that to him. So that he can make the best decisions possible. That is the job of the president.
The second is, you know, Donald Trump, I understand the idea of him coming in and, you know, wanting to run the presidency more like a CEO or a business. However, there is a lot of sort of, you know, absurdity in the sense of Donald Trump's business has been construction. He's the CEO of a major corporation that is very, you know, proud about bragging about.
His father trained him in that business. He's trained his children in that business. He's spent longer than I've been alive in that business. He admittedly has almost no foreign affairs experience --
BREAM: But he does have company -- he does have properties around the world. I mean, it's not like he's a stranger to international relations.
EHRLICH: Well, he's traveled. He's done international business deals. That's a very different thing than dealing with the Intel that someone needs as we know. Very intense security levels.
The Intel that you and have, even from being, you know, tourists or dealing in business, even if you do international law is completely different than what the president is receiving and a lot of these security committee that are a top secret, whether it's in the Senate or in the House. And he -- President-elect Trump needs to get up to speed. He needs to know what's going on and then he can delegate to people that he works with, that he trusts, but until he is there, it's a huge concern.
BREAM: Mark, quick final word to you.
BREAM: Is it OK with you as we've outlined it with Trump saying, I definitely want to be briefed, everyone around me is being briefed, but until something changes, you know, I don't need to be bothered, but then call me 24/7. Good enough?
THIESSEN: Yes. No. I mean, look, first of all, Donald Trump has more international experience than Barack Obama did when he came into the White House, and probably more international experience than a governor coming into the White House has.
He's been doing, as you say, business deals around the world. His relationships with world leaders. So I think he probably feels very comfortable. He's put together a fantastic national security team that's going to keep him, but the presidential daily brief is a unique animal. It is designed specifically for his needs.
You know, he said in that interview with Chris, I don't need him to hear the same thing every day and the same words. If he meets with his briefers every day, he's not going to hear the same thing because they're going to listen to him and tailor the brief to his needs, his desires, what he needs.
They need also to hear from him so that they can provide the right kind of intelligence for him to make decisions. So it's really, really important to me to go to this meeting.
BREAM: Yes, everybody has got a different style. And so we'll see how this comes together and as Jessica said, good to build up that relationship between Intel community and the next commander-in-chief.
Great to see you both. Thanks for coming on "The Kelly File."
THIESSEN: Thanks, Shannon.
EHRLICH: Thank you.
BREAM: Coming up, after campaigning against guns for years, President Obama today gave get out of jail cards to several dozen felons convicted at least in part on gun charges.
Dana Loesch and Nomiki Konst are next on what's going on here.
Plus, Democrats in the mainstream media now in an uproar over President-elect Trump's final vote tally. Up next, we're going to show you what they are now trying to do to our election system.
BREAM: Breaking tonight, Mexican President Enrique Pena Nieto sharing his condolences after an explosion at a fireworks market near Mexico City claims more than two dozen lives and injured dozens more. This incredible deadly blast was caught on camera.
(BEGIN VIDEO CLIP)
BREAM: Witnesses say fire quickly ripped through that market, crowded with shoppers who were there buying fireworks for the holiday many in Mexico traditionally celebrate holidays including Christmas and New Year's by setting off noisy fire crackers and rockets.
(END VIDEO CLIP)
BREAM: We're also tracking new fallout after President Obama broke a record for the most acts of clemency granted in a single day. On Monday, the president granted 231 pardons and commutations including 49 for individual who have been convicted of firearms offenses among their other charges, an interesting move for president who campaigned against firearms for years. In moments we'll be joined Dana Loesch and Nomiki Konst, but first, we got a White House Correspondent Kevin Corke in Hawaii where the president is vacationing.
KEVIN CORKE, FOX NEWS WHITE HOUSE CORRESPONDENT: Aloha and good evening from Honolulu. Shannon, you are right. You and the viewers at home should expect to hear many more stories just like this, and the few remaining weeks in offense for the president as he tries his hand at a bit of unilateral criminal justice reform. Yesterday's records say 78 pardons along with 153 commutations most in a single day by a precedent that brings to 148 the number of pardons and over 1,100 commutations so far.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: What he has done in recent years is bolster resources at the Department of Justice to make sure they are at maximum capacity to have all the bandwidth they need to review applications. That process continues in earnest. I expect that process to continue for the rest of the time the president's in office.
(END VIDEO CLIP)
CORK: But what of the fate of some of the more controversial figures that may be looking for a pardon, for example, the alleged army Bergdahl and what about NSA leaker Edward Snowden? There's no indication that the president will pardon either man, and he has previously said in the case of Snowden, he hasn't even availed himself to that option, because he has yet to be formerly charged. And Shannon it really could be long odds for Snowden, because on Capitol Hill, 22 lawmakers in a bipartisan committee have actually written to the president asking him not to offer Snowden a pardon. As you well know, he remains holed up in Russia. We'll see how that all works out under the new Trump administration. For now back to you.
BREAM: Indeed we will, Kevin, thank you. Here now with more, Dana, Loesch, host of Dana on the blaze TV and Nomiki Konst is host of The Filter on Sirius XM Progress. Good to see you both tonight.
NOMIKI KONST, POLITICAL CONTRIBUTOR TO CBSN: Good evening.
DANA LOESCH, THE BLAZE ON TV AND AUTHOR OF "HANDS OFF MY GUN": Thanks for having us, Shannon.
BREAM: All right, Nomiki, I've been through the list, officially released by the Department of Justice, and these are not angels. We are talking about, and most firearms cases, guns that were being used in connection to drug trafficking crime. Does that not speak of any hypocrisy to you?
KONST: I think on the surface, and you're a lawyer, so you know this, these cases are complicated. A lot of these cases -- let's not forget with this is a result of the crime laws that came out of the early '90s and late '80s when we were tough on crime. Now we know better. We have bipartisan effort on the right and the left to really examine our criminal justice system and see how we are targeting individuals. While some of these folks were convicted legitimately for trafficking arms and trafficking drugs, majority of these people that are being commuted. And let's be clear, it does not mean they're just released. They will have a record. They won't have rights when they get out of jail. And it's shortened commutation versus a longer. And these people were targeted. One in three black men was targeted versus one out of 17 black men who vote, white and black equally (inaudible).
BREAM: When you read these convictions, I have no idea the race of the people on these list, but Dana, they did some bad stuff.
LOESCH: Shannon, you're absolutely right. They did some bad things. And I think at this point, it's somewhere around 170 so of these repeat offenders, these felons who have been released back into the streets or had their sentences shortened. And in some cases, those who have been pardoned they are back out their full and free. Look, here's the problem. We have a huge problem with the judicial system. We have judges who give lenience sentencing. A lot of times minimum mandatory is not even that and Cook County, alone Shannon in New York 2014, only one out of every 100 firearms cases, and these are legit cases, this isn't little baby stuff.
We're talking about felony firearms charges. Only one out of 100 of those cases were prosecuted. Cook county alone, in fact all of the cities where you have the mayors against illegal gun leaders in their cities, they ranked the last on cities that actually go after and prosecute gun crime. This is the problem. There's no deterrent anymore. A criminal knows that if he goes out and illegally possesses a firearm or engages in gun trafficking or makes a straw purchase, there I not going to be a stiff penalty for him, because he is going to get lucky and he is going to get one of this bad judges which is why I can't wait for Jeff Sessions to become Attorney General, so he can start help cleaning this up.
BREAM: Well Nomiki and there are so many calls every time something tragic happens, we need more gun laws, we need more control, we need thing to be stricter. And yet what Dana is saying, a lot of laws on the books are not being actually enforced. And that is the case in many of these federal firearms, felony issues, if no one is going to prosecute those cases. Then how can we be complaining about the need for tougher gun restriction. And then when they are convicted in these cases, we have the president giving them a pass.
KONST: I see what Dana's doing here. She is taking an anecdote. You know the reality here is.
LOESCH: No, it's data, real data.
KONST: It's an anecdote from the data, the reality is.
LOESCH: No, it is actually Cook (inaudible) Statistics. I'm not going to let you brush this off with your lack of education on the topic. This is real data that you are not going to brush off.
KONST: Ok, real data. We spend $4 billion a year, oh, there's $4 billion a year on private prison industries, but $80 billion is not fair.
LOESCH: This president is a felon friend, because he allows these people back on our street and blames law-abiding gun owners for the crime they commit, Nomiki. And you own that, because you support it.
KONST: Ok. Dana, you can make accusations, you can start to push out your agenda here, the reality is.
LOESCH: It's not an agenda, its facts.
KONST: Majority of these people.
LOESCH: Richard Reid was no a nonviolent offender.
KONST: Nonviolent offender, (inaudible) their own party is in favor of this. We have a prison over population.
LOESCH: I am fine this.
BREAM: Ok. We can't hear either one of you if you're both talking. Nomiki a little bit of response from you.
KONST: Sure. So, you know, many of these folks who have been commuted have not had access to proper defense attorneys. You know, we don't have a prosecution problem in this country, because you are able to find two anecdotes in Cook County does not represent the criminal justice problem that we have today.
LOESCH: No, no, no. I'm sorry. But I cannot let this woman continue to misrepresent the facts, Shannon.
BREAM: Let me let me wrap up.
KONST: You are not supposing, but you're not a lawyer. I am looking at.
LOESCH: You have no idea what you're talking this. Texas, we have been right on crime. I believe in criminal justice reform. It is not a problem of prosecution. We have the Vice President Joe Biden who actually said, we don't prosecute (inaudible).
KONST: You believe in sentencing.
BREAM: Ladies, ladies. Ok, now, let's take it to twitter, using the #KellyFile.
LOESCH: Nomiki, I will railroad you all day long if you brush my facts off. These are the facts of the matter.
BREAM: Just take it over there. And we'll look for with #KellyFile, Nomiki and Dana. It is good to see you both.
Coming up, a controversial new video from MTV news, is that still a thing? It's getting a lot of blowback for its message about quote, white guys, and the new fallout, just ahead.
But one day after the Electoral College makes the Trump victory official. Democrats are trying a new tactic to change our whole election system, Katrina Pearson and Bud Jackson, next.
BREAM: New reaction tonight, not only to the final tally of 2016, but the battle raging over the Electoral College itself. Democratic Senator Dick Durbin today is vowing to push one person, one vote, legislation and overturn the Electoral College. Democrats and mainstream media outlets suddenly decide that the system they loved in the last two elections is suddenly broken, unfair, and outdated. Chief Washington Correspondent James Rosen has the story from D.C., James.
JAMES ROSEN, FOX NEWS CHIEF WASHINGTON CORRESPONDENT: Shannon, good evening. The New York Times began its Electoral College coverage two weeks before the voting commenced with an op-ed by a Texas elector planning to defect from Donald Trump. The next day the paper explored how would the Electoral College dump Donald Trump and published a letter to the editor entitled, A plead to the Electoral voters conscience. On December 15th, the "Time" explained why GOP Electoral College members can vote against Trump. When it was all over with more faithless electors deserting Hillary Clinton than any candidates since 1872, the paper record Electoral College settles Donald Trump victory but little else.
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UNIDENTIFIED MALE: This was a non-story from the very beginning. And yet the news media did everything in their power to try to make it a news story. At the end of the day, there was absolutely nothing there.
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ROSEN: It was much the same with Green Party Nominee Jill Stein whose long shot recount effort drew 12 times as much coverage from the nightly network news shows as her candidacy did.
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UNIDENTIFIED MALE: If the recount could change the outcome of the election, then Hillary Clinton would become president.
UNIDENTIFIED FEMALE: Razor thin margins, and could change things.
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ROSEN: Ultimately the recounts boosted Donald Trump's margin of victory in Wisconsin and uncovered voter fraud in the Democratic stronghold of Detroit.
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UNIDENTIFIED FEMALE: I think there's a lot of pressure on the Democratic Party right now to react against the Trump administration. And the election of Donald Trump and so, there's liberal interests, pressure groups activity that fueled the recount, enabled Jill Stein to raise a lot of money. And then also led to this breathless coverage of what we knew would be an unsurprising Electoral College count that Trump would prevail in.
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ROSEN: The next critical juncture, at which Mr. Trump's path to the oval office could conceivably be obstructed, will be the joint session of congress that will convene in January to certify the tally of the Electoral College that Vice President Biden presided, Shannon.
BREAM: James Rosen in Washington, thank you. Joining us now, Katrina Pearson, the former national campaign spokesperson for President-Elect Trump, Bud Jackson is a Democratic strategist and chairman of the American working family. Good to see you both tonight.
BUD JACKSON, CHAIRMAN: AMERICAN WORKING FAMILIES PAC: Good evening.
KATRINA PEARSON, FORMER NATIONAL SPOKESPERSON FOR THE TRUMP CAMPAIGN: Hi, Shannon.
BREAM: All right. Bud, yesterday, Mr. Trump did lose two electors, but Hillary Clinton lost five. Not a good day for her.
JACKSON: Well, not a good day for the Electoral College. I mean.
BREAM: It where, what do you mean? It wasn't a good day. This is how it was planned to work.
JACKSON: No, actually it's not how it was planned to work. In fact if Alexander Hamilton who drafted this were alive today, he'd be knocking on his coffin.
BREAM: I would argue with you like that. He was able to look at states like New York and massive populations and realize the founders were brilliant in many respects, and realizing that just as they did with the house and senate, knowing that some state would be completely overpopulated. I mean if you look at the numbers here, you take California out of the mix, and this is a different popular vote election. Are we going to let California decide every presidential vote?
JACKSON: But the Electoral College is irrelevant, because it is not setup the way Alexander Hamilton, let me finish.
BREAM: It's constitutional. How is constitutional irrelevant?
JACKSON: Let me finish my sentence and maybe I'll teach you a little bit about it, how's that? The Electoral College is set up by Hamilton so that electors would be able to deliberate, make a decision for themselves.
BREAM: Yes they did.
JACKSON: That is not the way the Electoral College is now. Most states mandate that their electors follow the popular vote in that particular state. That is not what Alexander Hamilton has intended.
BREAM: But several of them didn't yesterday. I mean they were able to make their own decisions, Katrina, some of them were not good for the President-Elect, and some of them were not good for Mrs. Clinton.
PEARSON: well, you know to Bud's point, he is right, Washington State, they can fine these Electors up to $1,000, and guess what, they defected against Hillary anyway. But the bigger point here, this wouldn't even be a story if Hillary had won. There would be no discussion about the Electoral College. This is just another attempt, by the mainstream media, to continue to target President-Elect Trump and tarnish his massive victory. They have spent so much time, so much air time in Hillary Clinton's favor, they just cannot accept that Donald Trump was able to bypass them, go straight to the American public, and win a historic election and that is all this is about.
JACKSON: No, the real reason.
BREAM: Is it unfair, you know the last two elections, Democrats, there are headlines everywhere. You've just seen that. We could just easily pull them up. Praising the Electoral College for being, you know a bull work of art, republic, important part of our constitutional process, and now when it doesn't benefit them, you could understand there'd be skeptics who think, ok, why are you complaining now when it's Trump who won?
JACKSON: Well the characterization is not true. This is the first time (inaudible).
BREAM: The headlines are there.
JACKSON: Let me finish my answer. I mean let me answer your question.
JACKSON: This is not the first time Dick Durbin has brought this issue up.
JACKSON: The reason why it's been getting so much attention is because Hillary Clinton got nearly 3,000 more votes than Donald Trump did and on top of that, Donald Trump has been acting bizarrely, temper has been very odd. He has questionable foreign ties. He has conflicts of interest. He won't release his tax returns. That is why people began to look at the electors to ask them to help, even though they really couldn't help, because the Electoral College has failed, and the only way to take on Donald Trump right now is going to be through the courts, maybe through an impeachment if he really screws up badly, you know write in the ballot box, in four years.
BREAM: That is also constitutional, and that is an option, but do you honestly think that if Hillary Clinton had won in her critics who say that they believe that there were questionable activities with the Clinton foundation, with her personal e-mail server, you know allegations of criminal activity, those kind of things, do you think that celebrities and other people would be making videos and making those same arguments trying to get Hillary electors to not cast their ballots for her?
JACKSON: I think it would have been even worse. We would have Breitbart and Steve Bannon all piling on, but the fact is that she got almost three million more votes than Donald Trump, so that is the bound here.
BREAM: Again, Katrina, I want to give you the final quick word in here. Again, if you do the math and take California out it, it changes everything.
PEARSON: It does change everything. And of course this wouldn't be the case if Hillary Clinton has won after all.
JACKSON: Sure, why don't you just alienate an entire state? That is silly.
PEARSON: There were several headlines after the third debate, making fun of Donald Trump for saying that he would wait to see what the election results were before making a decision on whether or not to accept them. If this was Trump people, they would be calling us unpatriotic, they would be saying that this was insulting, and they would be calling us all kinds of names by this point.
BREAM: All right, we got to leave it there.
JACKSON: And probably well deserved.
BREAM: Ok. Bud and Katrina, Merry Christmas.
There you go.
JACKSON: Merry Christmas.
BREAM: Good to see you both.
MTV is dealing with a fierce backlash over a new video that Mollie Hemmingway calls racist and sexist. She'll join us to talk about why, next.
BREAM: MTV, Remember them? They just released a new video called 2017 resolutions for white guys. Let's just say it is causing a little controversy. Watch this.
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UNIDENTIFIED FEMALE: First off, try to recognize that America was never great for anyone who wasn't a white guy.
UNIDENTIFIED FEMALE: Can we just all agree that Black Lives Matter isn't the opposite of all lives matter? Black lives just matter. There's no need to overcomplicate it.
UNIDENTIFIED MALE: Also blue lives matter isn't a thing.
UNIDENTIFIED FEMALE: Learn what man explaining is and then stop doing it.
UNIDENTIFIED MALE: If jour a judge, don't prioritize the wellbeing on an Ivy League athlete over the woman he assaulted.
UNIDENTIFIED MALE: We all love Beyonce, and yes she is black, so of course she cares about black issues. I'm talking to you Fox News.
(END VIDEO CLIP)
BREAM: How'd that white guy get in there by the way? I don't know, Mollie Hemmingway is the senior editor for the Federalist and Jamila Bey is radio show host in Washington. Good to see you both. Mollie, you've used tough language on this. You've called it sexist and racist, why?
MOLLIE HEMMINGWAY, THE FEDERALIST SENIOR EDITOR: Yes, there's really no way to sugar coat this. It's not about privilege, it's not particularly funny. It's not interesting. It doesn't even make any sense. It's just straight up sexist and racism. It's just a way to make fun of people or comment against people based on nothing more than their sex and their race. And that is not ok. That is not something that we permit based on who the targeted group is. I mean, it's permissible to do it, but it's not good to do it and we should not allow it if a certain group is targeted, but allow it if it's another group. It's just not a good way to be bigoted, prejudicial toward a group of people, for no reason at all.
BREAM: I've got to say, I'm not sure if its satire, I don't know if they're trying to be serious. But do you worry that maybe if they are trying to reach people, the people they're trying to reach are actually going to be offended rather than educated or brought into the fold in some way?
JAMILA BEY, RADIO SHOW HOST: Not at all. Let's be real here. This is MTV. And there's a particular demographic they're going after. They want to be young and hip and edgy. They're trying to say, hey white guys. Don't do this stuff in 2017. It's a comedy bit. MTV has never done educational programming, asterisk, don't tell me about the aids specials they did in the '90s, those were great. But this was designed to be funny. This was designed to be comedy. If you don't think it's funny, that is great. If you do think it's funny, that is great. But to inscribe, motive behind it they're bigoted and they hate white dudes and they just want to be mean and racist and sexist, no, they got a whole bunch of people in a room and were like -- however in front of a screen and said, yes, we should, we should punch up for once instead of doing comedy against oppressed groups or marginalized group, let's talk about what white dudes do.
BREAM: All right, Molly, funny, maybe that was the point.
HEMMINGWAY: If it was funny, it would have been forgivable. It doesn't even make any sense. And again it's inscribing views people based on nothing other than their sex and their race. And that is just not something that is good. It's particularly not good for people like MTV, which is on the progressive side of thing to do this.
We're in an environment where a big theme of the year was, how political correctness is corrosive and how people are really getting sick of it and by pushing back by doing things like electing Donald Trump. We look at things like this and we point to them and say oh this is how Trump won. Well pretty soon, the more that we see, the less responding by continuing to do this type of thing, this is why Trump is going to win again next time and in a landslide.
BREAM: Jamila, literally you have ten seconds, all yours.
BEY: My friends get over it. What's good for the goose is good for the gander. If you can laugh at everybody else, you can laugh at white guys too. There was no malice behind this. If you don't think it's funny, turn it off.
BREAM: We will be right back.
BREAM: Do not forget to pick up a copy of Megyn's new book, "Settle for More" before Christmas. It will make a great gift for anyone on your list. Susan Music says it is a story of a strong woman who found the ways through the glass ceiling with class and confidence. Another Amazon reviewer wrote cannot wait to give it to my daughter. And there's this five star review, good book for mothers to give to the daughters to read, no matter what their ages. David Rosenberg added, I have never read a more inspirational autobiography. Every American should read this book, but every young girl must read this book. Hope to buy 50 books, already bought five.
Well there are 45 to go. You can buy "Settle for More" at Amazon and anywhere bookstore stall.
Thanks for watching, I am Shannon Bream, this is "The Kelly File."
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