Kellyanne Conway on what Trump learned from first debate; Chaffetz talks Clinton investigation

This is a rush transcript from "The Kelly File," September 28, 2016. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Breaking tonight with less than two weeks to go until the next presidential debate. Donald Trump's team is reportedly ready to try a new debate strategy.

Welcome to "The Kelly File," everyone. I'm Megyn Kelly. A lot of Republican and Democratic pundits have spent the last two days suggesting that Hillary Clinton came out ahead in Monday night's debate with suggestions that a key contributing factor was her time away from the campaign trail. Spent by all accounts including her own practicing her performance and her points over and over again.

Now, the New York Times sourcing Trump campaign advisors is out with a story slugged new debate strategy for Donald Trump. Practice, practice, practice. Reporting that the Trump team will try to affect major changes over the next 11 days before the next big showdown. We've got a powerful line up for you tonight on this new turn in the road to the White House.  Starting with Trump Campaign Manager Kellyanne Conway. Here with the latest on the nominee's game plan.

Plus, Chris Stirewalt will join us on the post-debate strategy from both camps but we first check in with chief political correspondent campaign Carl Cameron who is live from Wisconsin where Donald Trump just wrapped up an event. Carl?

CARL CAMERON, FOX NEWS CHIEF POLITICAL CORRESPONDENT: Hasn't quite wrapped up yet, Megyn. He started out late so he is still at it. And as to the change and debate strategy, it's worth remembering that there are a variety of factions in the Trump campaign and there's been a lot of management changes as well. And over the course of the last three months there's been a lot of professional politicians who have worked in other presidential campaigns in the past and they are a little bit frustrated about the way Trump did not prep to their standard for the last debate.

And there is been this discussion about how to make him better. And essentially what they want to do is make sure that there are much more fact-based answers to policy questions that his criticism of Hillary Clinton isn't repeated over and over and over again so I guess we've done that and the crowd can actually predict how he's going to finish his sentences but say one particular attack and then go another one and another one drop of course the next debate.

And in essence they want to make sure that he doesn't take the bait anymore and not let Hillary Clinton get under his skin. If they can eliminate those problems, they will eliminate a lot of the criticism that they've gotten even from some of the Republican allies. And Mr. Trump is not at all happy about that. In fact he's put out the word that if there are Republicans out there who support him and aren't too thrilled about the way he performed on Monday night, they could really help by just being quiet about it.

Trump did unveil the whole new strategy as part of this. It's a very busy day. He had a big corruption speech this afternoon in Iowa. He's repeated that tonight. There's a new theme, follow the money. And haven't we had enough of the Clinton scandals? Expect to hear that daily. Sometimes thrice daily until the next debate -- Megyn.

KELLY: Carl, thank you. Joining me now from Trump Tower, Trump Campaign Manager Kellyanne Conway. Kellyanne, great to see you.


KELLY: So, is it true that Trump has a new campaign strategy in advance of the next debate which is, as the "New York Times" put it, practice.

CONWAY: So he did practice and he did prepare before these debates. I think looking toward the next format and the town hall format, we will certainly be taking into account the different logistics and the physicalities involved with that particular setting.

KELLY: Uh-hm.

CONWAY: I think if Mr. Trump looks back at the first 30 minutes or so of the debate, he will see some real highlights, his ability to sort of joust and jab with Hillary Clinton over her flip-flopping on TPP, over the disastrous results of NAFTA that she owns and she and her husband owned.  And she was really great about that, about jobs going out overseas and jobs going to Mexico and China and into other places where, Americans in search of jobs are very disappointed that they are facing everyday unaffordability and they're facing job --

KELLY: And then, but, I don't want to re-litigate the whole debate. But then, what about the hour after that? Because, you know, this isn't me saying this, this is you, your advisors are saying that he needs to adjust before the next debate. This is, I mean, they are citing many Trump campaign advisors saying, he needs to do things differently because he didn't take advantage of many opportunities to hit her on many vulnerable issues and this is a very tight race, missed opportunities are costly.

CONWAY: And so if Mr. Trump is guilty of anything Monday night, it was certainly answering the questions as they were asked and then answering them --

KELLY: Taking the bait of every attack she weighed for him.

CONWAY: Well, and answering her -- and also I think he's gotten very little credit, Megyn, for how gracious he was at the beginning and at the end of the debate. At the very beginning, nobody is covering this, he actually said Secretary Clinton and then he looked over and then he said, should I call you Secretary Clinton? I want you to be happy, it's very important to me. At the end of the debate, after she tried to rough him up over a couple comments he's made over 25 years or so with respect to women, he said, you know, I came prepared to say some rough stuff but I won't do it because your family is here and your daughter is here. But it is not nice that you are running hundreds of millions of dollars in negative ads against me and he has a point.

KELLY: Kellyanne, come on. It's not nice? They are running for president. Of course she is going to hit him with negative ads.

CONWAY: But the ads should be true.

KELLY: The ads that she is running about him when it comes to his comments on women use his words, Kellyanne.

CONWAY: Her ads, okay but Megyn, why is she spending all this money and not talking about her vision for post ObamaCare?

KELLY: Because there's two -- you know that better than anybody, you hit your opponent and try to disqualify him or her and then you sell your own vision. I mean, he should be hitting her right back? Should he not?  There goes my bracelet.

CONWAY: Come back, bracelet. And look, so for the debate prep moving forward, he will continue to prepare, we'll be ready for the town hall format and I do want to say that he also should recognize that Hillary Clinton practice and Hillary Clinton was ready with some canned lines she made sure she was going to get out and she did. She succeeded in doing that.

KELLY: Uh-hm. Including that bait in the end which is clearly been rehearsed and she was ready with it.

CONWAY: That's right. And I think that what Mr. Trump will like to do in the future is, even if the issues are not raised by the moderator or by the opponent, he can talk about Benghazi. He had Mark Geist who is a Benghazi hero and survivor.

KELLY: Last night they were talking, I mean, Monday night, they were talking about, whatever night that was, they were talking about national security and securing American's future. So, obviously her history in that approach was fair game. But that's, I mean, you could give him that.  Right? He is not a seasoned politician. He hasn't done all of this one on one debates like she has, over 15. I mean, those sorts of Rookie mistakes and going one to one are I think are entirely understandable and forgivable.

But, you know, disappointing to his supporters that he didn't, you know, more go for the jugular. And that he often walk in the trap she was setting. But as for, you know, you raise the question about, you know, he made a couple of comments over 25 years, you know that's not true. You know he has repeatedly made comments about women, about their looks, about their size, their weight, even in this campaign talking about Carly Fiorina's face, re-tweeting a negative picture of Heidi Cruz's face, criticizing Hillary Clinton and her look. And Kellyanne, this is an issue for him, is it not?

CONWAY: Well, Megyn, but is that the campaign issue that Hillary Clinton is running on? The answer seems to be yes. Do we not deserve as voters for this woman to tell us whether she thinks ObamaCare is a disaster or not. Whether she'll take us to single payor, whether she thinks that it should be repealed and replaced as Donald Trump does? Is she ever going to be held to account for an active investigation? She has five staffers including her former chief of staff and her current lawyer taking the Fifth. Pleading immunity over an active investigation.

KELLY: Trump raised that. He raised that on Monday.

CONWAY: No, I mean, well --

KELLY: But my only point -- the reason I'm asking you that question is because you're suggesting it was out of line somehow for that issue to come up.

CONWAY: No, I didn't say that. I didn't say that. I'm just wondering why she is spending tens of millions of dollars in negative ads and negative malpieces and never putting together an aspirational positive --

KELLY: Because she is killing him with women and she sees an advantage there and she is trying to exploit it. And my question to you is whether he needs to come up with a better answer than telling "FOX AND FRIENDS," well, she gained a bunch of weight when she won Miss Universe and she was a real problem.

CONWAY: Now, we are conflating different things. What I would say to that is this, that he should speak to America's women based on the issues about which they care, prosperity and security and she should talk about ObamaCare and education and he should talk about the lies that Hillary Clinton has told over many different decades and he should also, I think he should brag more about the thousands of women he has employed at the Trump corporation over decades. And the high positions that they have. They've been promoted, they've been well compensated. He has a great child care plan that no Republican has ever really touched before. I guess it didn't poll well.

KELLY: He's got you.

CONWAY: People in this country are struggling -- well, no, it's him. This is his campaign.

KELLY: No, no, I'm saying, he's got you. He's got, I mean, you know, even Hillary Clinton doesn't have a female campaign manager and you agree --

CONWAY: Which is fine and he does. And I appreciate that. And let me tell you, when he promoted me to this position, he never mentioned my gender. It wasn't like, oh gee, let's get a women out there that would help with women.

KELLY: Well, that's the interesting thing about him Kellyanne, is that he does insult women a lot. He insults men a lot. But by all accounts when it comes to hiring and promotions, I haven't heard one person say, he lets gender interfere with his promotions or pay or anything like that.

CONWAY: And so I think it would be great for him to mention that in the next debate. Because it is relevant. Hillary Clinton has not created jobs like that. She hasn't built company, successful companies like he has and employed thousands of women and that should matter to America's women. I see the turf on which Hillary Clinton would like to fight this race. But I'm telling you that, according to the FOX News poll and everybody else is polling, Megyn, women and men in this country want to hear more about policies.

They want to hear more about the future and not the past. A lot of what Hillary Clinton talked about the other night was the past. And she reminds people of the past. And I think she had a good night for somebody who rehearsed. It is almost impossible to believe that she ever failed the bar exam years ago because she practices and she rehearses and she crams information in her head.

KELLY: This is why when you take the bar exam, you know you have to pass.

CONWAY: I did, I took four of them.

KELLY: Me too. Three of them in the first track. I got to go.

CONWAY: Thank you.

KELLY: Happy note. Kelly and I were once smart but unhappy lawyers.

CONWAY: But we are fully recovered lawyers. Yes. Thank you.

KELLY: Great to see you. Thank you.

We turn now to another brilliant person. Fox News digital politics editor Chris Stirewalt.

CHRIS STIREWALT, FOX NEWS DIGITAL POLITICS EDITOR: Oh, I didn't think it was going to be me then. Okay.

KELLY: So listen, the truth is, you know, it's all over. These are Trump campaign advisors talking to the New York Times, they aren't trying to make their candidate look bad, you tell me why they are talking to the "New York Times" and saying that he is going to change his debate strategy. Because they don't want to be blamed for what we saw on Monday?

STIREWALT: Well, what I just heard with you and Kellyanne was, Kellyanne appealing to the American electorate but also appealing to her boss and saying, when Mr. Trump watches the first 30 minutes of the debate when he was disciplined that he will like what he saw, when he watches the end, when he was gracious, he will like that. So, I think there is a public effort here in the pages of The New York Times on your television program and in other places to get Mr. Trump to listen from his people that his people have to go maybe public to make their case.

Because what happens often times in these campaigns and we see it, whoever talks to the candidate last, who was ever on the plane last with the candidate, whoever has his ear at the moment, is the guy who has the sway.  So you have to fight sometimes to get in that space and after a debate like that there's going to be recriminations, there's going to be blaming.  There's going to be this, that and the other thing.

KELLY: Already? I mean, like, it does strike me as little disloyal for the aides who were in there preparing him to be running to the New York Times and saying, he wouldn't prepare. I tried to get -- it's like, why don't you shut up and if you want to blame somebody if he loses, we're used to that act. But, why don't you just -- like I heard today Trump went out and said, stop telling people that I lost. Good move, right? He should have done that. Why are they talking to "The New York Times"?

STIREWALT: He should have said, well, he shouldn't have said he lost but they should have, just as Kellyanne just did right there, so Hillary Clinton had a good night but because she is evil and she should have passed the bar and da-da-da-da-da. And then you say, and now moving on to the next thing. You don't wallow in the defeat. You move on.

KELLY: Yes. Last thing.


KELLY: Do you believe we will see a different Trump now? You know, we're going to see the let Trump be Trump version of Trump? Are we going to see the presidential Trump version?

STIREWALT: If he comes in with two blow torches and a jetpack into St. Louis and Washington University and rains Godzilla fire on Hillary Clinton, I would not be the least bit surprised. Probably be a mistake. But I think he is mad and I think he wants to hit her pretty hard.

KELLY: Here to cover it if it happens.


Great to see you, Chris.


KELLY: Well, the Congressional Oversight Committee today went after the FBI and how. Over one of those immunity deals you just heard Kellyanne mention, that was given to one of Hillary Clinton's top staffers. Oh, it was much more broad than we knew. And things got pretty ugly with the FBI.

And Congressman Jason Chaffetz is here tonight to reveal what they learned.

Plus, the unseen moment from my interview last night with the former Miss Universe, Alicia Machado. And what she said when I pressed her for the second time about her allegations against Donald Trump.

And then Mr. Trump is now hinting at what some are calling his most risky campaign strategy yet. We will take a look at whether Bill Clinton's controversial path is about to take center stage in his flight and what it means for both candidates.


DONALD TRUMP, R-PRESIDENTIAL NOMINEE: But you want to know the truth? I was going to say something extremely --


TRUMP: -- rough to Hillary, to her family and I said to myself, I can't do it. I just can't do it. It's inappropriate. It's not nice.



KELLY: Forty one days. Less than six weeks now to Election Day. And questions tonight now about whether Donald Trump is about to go to a very controversial place. Specifically whether and when he will bring up former President Bill Clinton's extramarital affairs. And though Trump and his team have been patting themselves on the back for managing to avoid that issue during the first debate, everything he has said since then suggests it is not a matter of, if he will use this line of attack but when.

Trace Gallagher is live in our West Coast Newsroom with this story. Trace?

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Megyn, in an effort to remind the world that he is too classy to bring up Bill Clinton's affairs, Donald Trump has repeatedly brought up Bill Clinton's affairs. Trump says, opting out of attacking Hillary Clinton for her husband's infidelities showed great restraint. Eric Trump says, it was more than restraint, his father showed courage. Newt Gingrich took it a step further saying, he thought the best single moment of the debate was Trump's decision not to go after the affair.

And Rudy Giuliani says, if he were on that stage, he would have pointed out that Hillary Clinton didn't just stand with her husband while he disgraced the country, attacked Monica Lewinsky, quoting, "trying to paint her as an insane young woman when in fact Monica Lewinsky was an intern." Trump says, in the next debate, he may very well bring up the former president's sexual allegations, the same allegations mind you that Donald Trump has four years dismissed as being no big deal calling the women who made the quote not attractive losers and saying, Bill Clinton should have taken the Fifth. Here's Trump in 2008 on CNN comparing Bill Clinton to George W. Bush. Watch.


TRUMP: He lied. He got us into the war with lies. And I mean, look at the trouble Bill Clinton got into with something that was totally unimportant and they tried to impeach him which was nonsense and yet Bush got us into this horrible war with lies, by lying.


GALLAGHER: Now Trump says the only reason he didn't bring up the affairs during Monday's debate is because Chelsea Clinton was in the audience but Chelsea calls this a distraction from Trump's inability to talk about the issues and says, her family has been attacked for years. In response to Chelsea Clinton's comments, Juanita Broaddrick who claims that Bill Clinton raped her in the 1970s, tweeted, quote, "Chelsea, you said you don't remember a time in your life when your parents weren't being attacked.  There is a very good reason for this. Your parents are not good people.  Your father was and probably still is a sexual predator. Your mother has always lied and covered up for him." So Trump may not talk about the affairs during the next debate but it is likely he will talk about them until then -- Megyn.

KELLY: Your election, 2016, America. Trace, thank you.

Joining me now, David Wohl, a Trump supporter and attorney and Melissa Mark-Viverito, a New York City Council speaker and Hillary Clinton surrogate.

Great to see you both. My goodness. There is a lot to unpack there.  David, let me start with you though on this. Because, you know, contrast that Donald Trump who said Bill Clinton's affairs, it was no big deal. It was unimportant. It was nonsense. You know, the attacks on him, the attempt to impeach him and so on. Versus today with, you know, I could have hit him. I could have hit her on his -- you know, how do you square the two?

DAVID WOHL, TRUMP SUPPORTER: Well, the issue about Monica Lewinsky was relatively minor compared to the pre-Lewinsky allegations Juanita Broaddrick, Paul Jones, Kathleen Willey. Megyn, those are allegations that go from sexual harassment to rape. And it is not so much what Bill did now, it's what Hillary did. She established a war room to deal with these women who she said were engaging in a bimbo attack or a bimbo assault, something to that effect was a bimbo eruption.

And she dealt it with that way. And you think about that, Megyn. She tried to destroy women who made these types of allegations against her husband. Not because they were allegations that weren't credible but because it was politically expedient, Megyn. Look at her website, she said, all women who make these type of allegations should be believed, as soon as she found out that got up there, she deleted it. It is hypocrisy, it's inconsistency and it's unbecoming of a president.

KELLY: Okay. Madam Speaker?

MELISSA MARK-VIVERITO, NEW YORK CITY COUNCIL SPEAKER: You know, excuse me if I yawn. You know, this argument are tired. It's irrelevant. It's irrelevant to the conversation at present. The debate the other night demonstrated the vision and the understanding --

KELLY: Wait a minute though. Wait. Can you just respond on point though because we're trying to get to the bottom of whether this is going to go down and how it's going to go down and whether --

MARK-VIVERITO: That's decision for the Trump campaign to make I believe.

KELLY: But you know they will come after her. They're going to say, it was your team that referred to these, you know, you said you drag the $50 through the trailer park and who knows what you'll find. And they call these women, quote, "bimbos." They were bimbo eruptions. And they put it on Hillary too. Because she went after them as well.

MARK-VIVERITO: This is reflective of the strategies that the Trump campaign will do. It is deviating and trying to divert --

KELLY: How is it not fair game if she goes after him on women, if he goes after her on her treatment of women during Bill's affairs?

MARK-VIVERITO: I do not believe that this is the way we should be dealing with this issue right now. Meaning we have to focus on the vision and the future of this country.

KELLY: But wait. Listen, Miss Speaker. She is hitting him relentlessly through ads and on a presidential debate stage. You saw, she was very sure to get it in on his treatment of women and the comments he's made about women. Why is it not perfectly fair game for him to turn around and say, gotcha. You too did some things, Madam Secretary.

MARK-VIVERITO: Hillary Clinton has been attacked for more than 30 years.  This issue has been discussed and debated.

KELLY: Oh, come on. See, that's a dodge. I mean, David, that's not going to work.

MARK-VIVERITO: That is not a dodge.

KELLY: That's not going to work.

WOHL: Megyn, she is ripping Donald Trump for what he said about a beauty queen 20 years ago. And she calls rape accusations, some of which have a lot of credibility, bimbo eruptions and then she had something on her website saying, women should be believed when it comes to sexual assault, and when she finds out it was on there, she deletes it and you're saying that is not a --

KELLY: All right. But let me ask you, David. Let me ask you, David.  Hold on. Let me ask you, David. Because Trump also has some vulnerability because he has had extramarital affairs in prior marriages, which have, you know, been made very, very public in the papers. And so there is some risk to him in going after Bill Clinton as an adulterer and as Hillary Clinton and woman who would understandably be displaced to find that out.

WOHL: Well, Megyn, when you're talking about extramarital affairs, versus allegations of sexual harassment, assault, rape and having those covered up and having his wife sort of his henchwoman to take care of them and establishing a war room to silence the women. There is no comparison on this planet between those two. So, she's got big trouble.

MARK-VIVERITO: Well, this is the -- I think this is the typical strategy of the Trump campaign. Is that he cannot answer and he cannot provide a vision for the future of this country.

WOHL: He has provided a vision --


KELLY: So Madam Speaker, does it matter at all if Hillary Clinton has had a history of referring to these women as bimbos?

MARK-VIVERITO: I believe that this has been discussed before.

KELLY: That's not an answer. That's not an answer. You're dodging. Do you care as the speaker of the New York city council whether our next president potentially refers to women as bimbos? Whether it is Donald Trump or Hillary Clinton? Because a lot of Democrats really care when Trump was using that term. Do they care if Hillary used it?

MARK-VIVERITO: Well, these are terms that are being used in the present.  I'm concerned about what we have the vision, we have for the future. The debate the other day demonstrated that Donald Trump was bumbling and was demonstrating, what a fool he is --

KELLY: The women at home understand that is a dodge. If it is bad for him, it's bad for her too.

WOHL: Exactly.

KELLY: And she's going to have to deal with it if he chooses to bring it up.

MARK-VIVERITO: Well, that's him. That's exactly the right -- that's exactly the right question to ask. Let it be dealt with. I'm interested in seeing and I believe that Hillary Clinton has demonstrated that she is better suited to lead this nation --

KELLY: She can make that case. She can make that case. But she's not going to be able to avoid that direct accusation after the things she's hurled at him. It's good to see you both.


WOHL: Thank you, Megyn.

KELLY: Something bad happened -- my bracelet, it came off and look what happened. It might not be the most expensive jewelry. Possible it's costume. So James is going to help me out. He's got the Elmer's and you can just see if we manage to get that fixed before the end of the show.

In the meantime -- oh, is this our plan? Okay. We're in a lot of trouble.  The magic stick. He has got a rabbit some place here too.

So coming up, we have an exclusive interview with Jason Chaffetz, the chairman of the Oversight Committee on what happened today when he grilled FBI Director James Comey about the controversial deal the Feds offered to one of Hillary Clinton's closest aides and her personal lawyer.

Plus, we're going to bring you the unseen moments from our interview last night with former Miss Universe about her accusations against Mr. Trump.  Dana Perino is here next on that.


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

KELLY: And a follow-up tonight from our interview with the former Miss Universe about her past with Donald Trump. Alicia Machado was crowned at Donald Trump's pageant more than 20 years ago and then ran into trouble with Trump when she gained some weight after winning the crown.

She said she was traumatized after he called her quote "Miss Piggy and Miss Housekeeping." She is a Latina. The suggestion was that that was a reference to her Latina heritage and I asked her about that last night.


KELLY: Was there anybody around when he allegedly called you Miss Piggy or in particular Miss Housekeeping which doesn't have a connotation about weight, it speaks to racism, if it was said?

ALICIA MACHADO, FORMER MISS UNIVERSE: Well, he did it all the time. He did it all the time. He did it on the office or in some events. And of course, it was maybe where maybe people from the company in a few occasions was alone between him and me.


KELLY: Joining me now, co-host of "The Five" and former White House press secretary under President George W. Bush, Dana Perino. Dana, good to see you.


KELLY: So, I mean, you tell me. I feel like they got a little tripped up on those two specific allegations because Trump's on camera many times saying she would eat the whole gymnasium, she loves to eat, she would eat anything you put in front of her. I don't know whether he used those specific terms that Hillary accused him of and that the Miss Universe did, but you tell me whether this is good or bad and here we are on Wednesday and the country is still talking about it.

PERINO: I would say that it is not good. It's not good for the country and I don't think it's good for either campaign. It's not good for the confidence of the system. You already have people saying that they feel unenthusiastic about their choices. They don't really like either candidate. They don't trust either candidate. This can't possible help, but it's high stakes.

And I think what Hillary Clinton did when she said that on Monday night towards the end of the debate, I remember saying to Stirewalt -- he was sitting next to me -- I said, they're laying a trap. Like this is -- there is going to be something there. And he had warning, this was going to come. And you can't plan for everything in your life that you've said, but this is not -- dealing with how he has treated women in the past should not have come as a surprise in the campaign because Hillary Clinton...

KELLY: No, no. It should not have and I'll give you exhibit A and the reason -- in our case, for the reason why Donald Trump should not have been surprised. But the women issue was going to come at him.


KELLY: You've called women you don't like fat pigs, dogs, slobs and disgusting animals. Your twitter account...

TRUMP: Only Rosie O'Donnell.


KELLY: No, it wasn't. Your twitter account...


TRUMP: Thank you.

KELLY: For the record, it was well beyond ROSIE O'Donnell.

TRUMP: Yes, I'm sure it was.

HLLARY CLINTON, D-PRESIDENTIAL CANDIDATE: You're just as a man who has called women pigs, slobs, and dogs.

TRUMP: Somebody who's been very vicious to me, Rosie O'Donnell, I said very tough things to her and I think everybody would agree that she deserves it and I'm sure nobody feels sorry for her.


KELLY: I tried to warn you.

PERINO: Thirteen months to prepare.

KELLY: It was very clear. It's very clear that that was going to come. So why -- why was his answer who? Where did you get that from? He's got to have an answer ready on this issue.

PERINO: He should have an answer ready for it. He didn't. And his instinct was not even to say, I remember her, I remember her fondly, and you know, being the head of the Miss Universe pageant is obviously very different from being commander-in-chief and moving on, right, or a perfect background to something else, but instead he started to down a road that...

KELLY: To suggest he hadn't said, which led to her being paraded out to all the shows.

PERINO: But also the Hillary Clinton team did lay a trap.

KELLY: Completely orchestrated.

PERINO: I say it was totally ready.

KELLY: This woman had an interview with Cosmo in the bank. I mean, it was all printed up and it's beautiful, it's long. It was obviously worked on for several days yesterday, right. So they knew that this was coming.

PERINO: Right. I call her the swift vote veterans for truth of 2016, right. A surprise. Something that had happened in John Kerry's life from a long time ago. They felt that in the senate campaign that he had dealt with that. They had a bunch of generals who said he absolutely deserved those medals.

Then comes to the presidential race 15, 20 years later, these allegations come up again and they are like wait, we already dealt with this 20 years ago, why does anybody care? Well, it mattered then. It's huge high stakes. She is narrow casting as well. It's not just women at large that she's talking to but also Latina women in particular.

KELLY: That's right. And even tonight as Trump campaign clearly wants to move beyond this, Newt Gingrich is out there bringing it up again saying you can't gain a bunch of weight when you become Miss Universe.

PERINO: It's like stop talking about women's weight all together. Stop.

KELLY: You know what, if you want to increase your numbers with women, just stop telling us how fat we are because that, as it turns out, doesn't make us feel very good.

PERINO: That might help.

KELLY: Especially when you have been classified as overweight and we don't want to hear it. In fact, even if you're perfectly fit, especially if you're perfectly fit we don't want to hear it.

PERINO: We definitely don't want to hear it anymore obliquely.

KELLY: Yeah, that's all. OK. Period, end of report. Great to see you.

PERINO: Thank you.

KELLY: Does this dress make my butt look big? What? You can't see my butt. We have some eye-opening new details tonight on the police shooting in Charlotte, the one that led up to the riots and the protests that we've been watching the past couple of weeks. Details you're not seeing elsewhere. Those are just ahead.

Plus a fierce new fight on Capitol Hill over how the FBI handled the Clinton e-mail investigation. Oversight chairman Jason Chaffetz is in the middle of this. He joins us next with an incredible update.


JAMES COMEY, FBI DIRECTOR: You can call us wrong but don't call us weasels. We are not weasels. We are honest people and we did this in that way. Whether you disagree or agree with the result, this was done the way you would want it to be done.



KELLY: Developing tonight, it has been nearly three months since the FBI said it would not prosecute Hillary Clinton over her use of a private e- mail server. And today, that decision was the subject of an intense grilling on Capitol Hill as FBI director James Comey passionately defended his bureau's investigation.

In a moment, we'll hear from oversight committee chairman Jason Chaffetz who's been leading the charge to reopen this case. But first we turn to our chief intelligence correspondent Catherine Herridge. Catherine?

CATHERINE HERRIDGE, FOX NEWS CHIEF INTELLIGENCE CORRESPONDENT: Thank you. Republican lawmakers claiming today that at least two people working for Clinton lied or misled the FBI and still kept their immunity deals. The Colorado based IT specialist Paul Combetta was singled out.

He took the Fifth on Capitol Hill because he destroyed the Clinton e-mail archive knowing there was a congressional order to preserve the records. And it was alleged today Combetta recently tried to destroy these on-line requests for help wiping a very VIP e-mail address that turned out to be Clinton's.


REP. JIM JORDAN, R-OHIO: And then the clincher, the clincher. Just last week he's going on-line and trying to delete -- cover up



HERRIDGE: FBI's own records


...of Clinton I.T. specialist, Bryan Pagliano, who set up the server and Cheryl Mills who is Clinton's personal attorney, and like Pagliano, also got a deal from the Justice Department though the FBI director disagreed. And based on this e-mail, another Republican charged today that Mills misled the FBI telling them she didn't know about the Clinton server until after they left the State Department in 2013.

But a full three years earlier in 2010, Mills wrote this to a Bill Clinton aide asking if the server was up and running because Clinton is back from a trip. Today Democrats said the complaints are about politics.


REP. JERRY NADLER, D-N.Y., HOUSE JUDICIARY COMMITTEE: We all know and nobody would be even talking about it if one weren't -- if Hillary Clinton weren't presidential candidate. This is pure political maneuvering.


HERRIDGE: Though privately a senior Democrat told Fox tonight he is worried about the destruction of records because that investigation has legs past November. Megyn?

KELLY: Catherine, Thanks.

Joining me now in a KELLY FILE exclusive, Congressman Jason Chaffetz, chairman of the Committee on Oversight and Government Reform.

Great to see you, Mr. Chairman. So, let's just zero in on Cheryl Mills. She's Hillary's top aide and she's also Hillary's lawyer and she was given a much broader immunity deal than you knew. Tell us about it.

REP. JASON CHAFFETZ, R-UTAH: Well she not only got immunity from the handling or mishandling classified information but also obstruction. So, nearly a year after the FBI initially seized the computer and thumb drives from the law offices, almost a year later, suddenly Cheryl Mills gets an immunity deal that protects her against obstruction and mishandling classified information.

KELLY: And one of the things that she claimed as Katherine just outlined was, I didn't even know about the server until 2013. But now these e-mail surfaces from 2010 talking about how -- is the server up and running? So, who did she lie to? To you? Did she lie to the FBI?

CHAFFETZ: I think she lied to everybody, I mean, to the FBI. I mean, I'm the one that brought that up to director Comey and I said, how is it that the FBI report concludes that she did not know about it until after it became public when back in 2010 she was sending an e-mail to Mr. Cooper. Now, Cooper works for the Clinton Foundation or Bill Clinton. He does not work for the State Department.

So, when there's a problem with her e-mail, what does he do? She sends an e-mail to this person asking is the server OK? And this person, Mr. Cooper writes back and said, oh, you're funny, you're on the same server. So, come on, there's direct evidence that she actually did know.

KELLY: Well, what did Comey say to that? How did he justify the FBI's conclusion that she didn't...

CHAFFETZ: He doesn't. He doesn't, and wants makes no sense with Cheryl Mills. Not only is she a witness. Not only does she have to get an immunity deal but she is also Hillary Clinton's attorney and she is allowed to sit in on the interview.

KELLY: So what's the take away here to the American person, you know, sitting at home? Why do they care about Cheryl Mills and this, you know, possible deception and so on?

CHAFFETZ: Because we're worried that Lady Justice has a different blindfold in place when it deals with the Clintons. We issued a subpoena on September 15 of this year and these documents that were on Reddit were destroyed four days later. I want the FBI to go in and look at that. I want Hillary Clinton -- if this was just a mistake, why is it that everybody is pleading the Fifth and having to get immunity deals.

I want Hillary Clinton to look in the camera and tell people there's immunity, they're not going to prosecute. Tell Congress and tell the American people the truth. Right now we can't get to that truth.

KELLY: We will continue to follow it. Great to see you sir.


KELLY: Well new developments into last week's police-involved shooting in Charlotte as we learn more about Keith Scott and the apparently multiple restraining orders filed by his wife. Mike Fuhrman and Mike Eiglarsh are next on that. Plus, the new videos being released by the police and how they might affect the perceptions of this case, and then an exciting update right here from studio J. Look, they are working, they're toiling away. Oh, wow. There's tape and there's honey. I don't -- honey? I want a drill. Oh, give that back. We'll be right back.


KELLY: Well, major developments in a police-involved shooting in Charlotte that became a national story last week when riots rocked the city. We're now learning that Keith Scott had allegedly threatened to kill his wife and family less than a year before his confrontation with police, which ended in Scott being shot and killed. Things were evidently so bad that last year's incident marked the second time that his wife was forced to take out a restraining order. Trace Gallagher live in our West Coast newsroom with the update. Trace?

GALLAGHER: Megyn, the court documents were from October of last year. In them, Keith Scott's wife, Rakeyia, says that her husband worked as a security guard at a local mall and carried a 9 millimeter handgun. She claims not only did his husband threaten to kill his family with his gun but that referred to himself as "killer." Rakeyia Scott says that she asked for the restraining order because her husband hit their 8-year-old son in the head and kicked her.

Days later, the wife asked to cancel the restraining order saying her husband was no longer a threat. Rakeyia Scott also claims her husband wasn't armed at the time he was shot and killed by police. Investigators say he was. And now take a look at two new videos. Firs,t a body cam video of one of the responding officers. There's no sound but you can see Keith Scott standing by his SUV.

His right arm, you will see right here, is by his side but again you cannot make out a gun. Four seconds later, he was shot and killed by officers who then moved in asking for handcuff and medical equipment. And now look at dash cam video. You can see one officer behind a vehicle. You cannot see at least two other officers including Brently Vinson who fired the shots. But you can hear them shouting for Keith Scott to drop the weapon. Scott then gets out of his SUV, hand by his side, again you can't make out a gun.

You see as he walks backward, you hear the four shots. And then there's this picture. It was taken by a witness. It shows a gun near the feet of Keith Scott's body, and police say they found a weapon with Scott's fingerprints. Keith Scott, we should note, also had criminal record including a 2005 conviction for aggravated assault with deadly weapon in Texas. He was sentenced to seven years in prison. Megyn.

KELLY: Trace, thank you. Joining me now, Fox News contributor and former LAPD homicide detective Mark Furman and criminal defense attorney and former prosecutor Mike Eiglarsh. Good to see you both. Wow, I mean there's a lot to unpack in there. Mark Fuhrman, let me start with you. You know, this guy threatened his wife, threatened his kid. She had to take out two restraining orders on him. He called himself "killer."

He was convicted for aggravated assault with a deadly weapon, and you know, the city of Charlotte was in full protest, you know, and the wife was saying he didn't have a gun, he only had a book. Now we hear there is a lot more to the story.

MARK FUHRMAN, FOX NEWS CONTRIBUTOR: Well Megyn, you're absolutely right. And this man probably legally wasn't supposed to have a firearm. It's no wonder he bought it from a burglar. But now we know that the burglar that actually took that weapon from a home has told the police that he actually sold this weapon to the suspect in this case. And it's interesting that now this suspect owns that weapon. That is his. Not only the attitude to carry a weapon, the attitude to use a weapon, but he actually went out of his way to get a weapon and conceal it in an ankle holster.

It is his. That was his. And the condition of that weapon when they found it, it was cocked and the thumb safety was in the down position. That was ready to fire. It would be very interesting if that is a photo of the exact condition when the suspect fell, if that is the condition of the weapon it was in.

KELLY: And it was, we're told, loaded. Mark, on the other hand, you see that police video. Keith Scott's arms are at his side. His hands appear to be down and his arms appear to be down when he gets shot. Some law enforcement says it doesn't matter. You don't listen to the cops, you get out of the car holding a gun, even if your arms are down, you are taking your life in your own hands. What say you?

MIKE EIGLARSH, DEFENSE ATTORNEY: Well, all that's true. And Mark may be 100 percent right...

KELLY: That's for Mark Eiglarsh, sorry.

EIGLARSH: If I'm representing the family for just one moment, this is a unique scenario where a family member claims that she saw not a gun in his hand. Now, believability and accuracy are two different things but she believes it. So the family eagerly awaits the video and oh, gosh it doesn't show a gun in his hand.

And so they are told by law enforcement, no, there is a gun. Here's a photo of it, but it doesn't appear in the video. If anyone out there ever lost a family member, they would want more. And in this case, the family just wants answer and greater transparency. That's the problem.

KELLY: Mark Fuhrman, is it within policy to shoot a guy who gets out of the car and has his arms at down at his sides and is holding a gun?

FUHRMAN: Well Megyn, the first thing is that any camera footage we have is not most reliable information because the lens of the camera is a static device. It's recording not what it focuses in on danger. It is just videoing -- filming exactly what it sees.

EIGLARSH: Easy peasy to say Mark.

FUHRMAN: Yeah, easy for me to say. So when an officer comes on the scene and he is in that state of fear already seeing a weapon, he is focusing on the hands. The hands is what -- that's what kills you and that's what they're focusing on is the hands.

KELLY: Go ahead Eiglarsh.

EIGLARSH: Here's the problem. They did not release the entire video. They selected three minutes and the family is saying, well wait a second, what are you hiding? What else is on there? And maybe there's nothing. But just let everybody see the entire video.

KELLY: OK, great to see you both. We'll be right back.


KELLY: They're still hard at work. There's honey, there's a drill, there's a bucket that says fire. Success? Thank you so much! And you know what? You saved me the 2 bucks it would have cost to replace this. You're a good man. All of you. Thank you.

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