Santa Fe mayor defies Trump on sanctuary cities; Trump's digital guru details winning campaign operation

This is a rush transcript from "The Kelly File," November 15, 2016. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Breaking tonight, more names are joining a quickly growing list of Democratic mayors from some of America's biggest towns all digging in their heels and vowing to fight President-elect Donald Trump on his pledge to crack down on the so-called sanctuary cities.

Welcome to "The Kelly File," everyone. I'm Megyn Kelly. The issue of immigration took center stage almost immediately after the election with the President-elect renewing his promise to deport those illegal immigrants convicted of serious crimes to clean up the American's streets and to remind people on his website, quote, "On the first day of my term of office, my administration will cancel all federal funding to sanctuary cities."

Tonight the number of those cities vowing to defy President-Elect Trump has now grown to more than a dozen including our nation's capital. Our next guest counts himself among the resistance, and says his opposition of Mr. Trump has to do with much more than just his stance on immigration.

With us tonight, Javier Gonzalez, Democratic mayor of Santa Fe, California, along with former Trump campaign's spokesperson Katrina Pierson but we begin with the mayor. Mr. Mayor, great of you to be here. Thank you very much.

MAYOR JAVIER GONZALEZ, D-SANTA FE: Good to be here and it's Santa Fe, New Mexico but that's all right, we understand it.

KELLY: Sorry. It's been that kind of a day. So explain to us, if Donald Trump decides to defund the city, which you get about two percent of your federal funds from the federal government, how are you going to defy that?  I mean, you need that money, right?

GONZALEZ: Well, it's a long way before that actually happens. And I think the important conversation that needs to happen in America today is, how do we go forward and do we create some type of a unified effort to address the broken immigration system at the federal level. It's wrong to penalize cities that have been welcoming and creating opportunities for all citizens regardless of where they --

KELLY: Yes. But you know the beef. It's also creating --

GONZALEZ: I understand.

KELLY: -- opportunities they say for illegal immigrants who should not be here and in many cases, in far too many cases commit violent crimes.

GONZALEZ: Well, first, let's talk about that. Because even in Santa Fe, we prioritize going after people that in our community to commit violent crimes regardless of their status. The number one priority of law enforcement in every local community is to keep their community safe. You go after people who want to do harm whether they're documented or not documented, we're going to go after them.

KELLY: But the argument is, it's a magnet, that it's a magnet for, would be, you know, criminals because they think they have a better shot in a city like Santa Fe than they do in a city that is going to crack down on the presence of undocumented immigrants.

GONZALEZ: It's an argument and false realities. Study after study have shown that sanctuary cities do not lead to an increase in crime because of the presence of people that are undocumented. This is a broken federal system. People are living in our communities peacefully, lawfully want to do so to achieve the American dream. If we fix the federal immigration system, the cities won't be having to take on this position to protect our communities.

KELLY: Well, that's true. But as you know, these guys can't get any immigration reform done. I mean, that is -- it hasn't happened. It's really not going to happen now.

GONZALEZ: We have a president --

KELLY: President Donald Trump is saying on his very first day he's going to cancel the federal funding sanctuary cities. But listen, but what people think about when they think about sanctuary cities, is they think about cases like the bolognas (ph) out in San Francisco, that is in California and what happened to her poor family where her husband and her sons were murdered by somebody who should have been deported but was left there, thanks to a sanctuary city policy.

They think about Kate Steinle, and how she was murdered by somebody, the ICE detainer request would not cooperated with and a young woman was killed. And you can understand why Americans say, we're done, we understand, we were empathetic to the plight of illegal immigrants who come here in a well-meaning way at first but now we're done because too many people have been hurt.

GONZALEZ: The violent crimes are horrific and no one should justify those actions. But the truth is look at communities like Santa Fe where we've had these policies in place since 1999. We wither the recession was some of the lowest unemployment. We're marked as a city as creating jobs because of entrepreneurship. Time after time, we've seen success because we've been a welcoming diversified city that doesn't focus on trying to do --

KELLY: But how do you enforce a sanctuary nature of the city? In other words, do you not ask about immigration status on arrests? How do you enforce that?

GONZALEZ: That is what we don't do. We don't ask people what their immigration status is. We focus on trying to protect our community.

KELLY: Okay. But let me ask you that. So, let's walk through that. So, then if a police officer pulls over, someone who is in the country illegally and let's say, he's got somebody who is an illegal immigrant, who has committed other crimes, and he doesn't ask. Then he's lost the tool that he could use against this prior convict of deportation.

GONZALEZ: Again, that is not the process that happens. If a police officer pulls someone over for a minor traffic offense, they'll do what they do with everyone else. They'll run a crime. Background check on them. If that person is tagged, then 100 percent, they'll contact ICE.  And they'll begin the process of --

KELLY: If they're tagged. If they're not tagged because he's only ever been arrested in Santa Fe and you guys never ask about immigration status, then you perhaps lose a tool to go after him. What if he loses -- what if he wins the case against him? The criminal case but you could still get rid of him. He's got five arrests for felonies but he has got a great lawyer, keeps getting off.


KELLY: But you never identify him as an illegal immigrant so he keeps skipping on and staying in Santa Fe.

GONZALEZ: Well, once again, we have to look at the realities and what happens, since we have been a safe city, a welcoming city, nothing has shown that we've had a rise in crime rates or violent crimes.

KELLY: How long has it been?

GONZALEZ: Since 1999.

KELLY: No rise at all?

GONZALEZ: No rise. People are coming out of the shadows. They're participating in our community. They're sharing information with law enforcement because these families want to make sure that they're living in a safe environment.

KELLY: Okay.

GONZALEZ: So we can go to the most negative side of things that are conjured up during a campaign. Look, it's time to govern. We're not in the political campaign anymore. We have a Republican incoming president, a Republican Congress. They've talked over and over about fixing our immigration system. They need to do that first. So that we can begin --

KELLY: Yes. Well, that would address a lot of this. They haven't shown any ability.

I want to bring in Katrina Pierson who is the former Trump campaign, national spokesperson along with Eric Guster, an attorney and political commentator. Mr. Mayor, if you wouldn't mind standing by because I want to get your thoughts on it. But Katrina, his point is that since they became a sanctuary city, they haven't seen any uptick in violent crime. And so, for them this is not a problem.

KATRINA PIERSON, TRUMP NATIONAL SPOKESWOMAN: Well, it's still against the law. I mean, Center for Immigration Studies show that in 2014 over an eight-month period 8,000 criminally convicted illegal immigrants were release into the population. And this is the one area that federal government does have the jurisdiction. It is the responsibility to protect the citizens of this country and no one should have been violating federal law. If that had been anybody else, they would be in a lot of trouble.

KELLY: Eric?

ERIC GUSTER, ATTORNEY AND POLITICAL COMMENTATOR: This is the new civil rights trouble. And these people need to be protected from Trump and possibly his irrational types of leadership. Because these people are living their lives, they're participating in the process and are being great citizens, well great members of our community and we need to fix immigration problems because that will give them --

KELLY: Some are but some aren't. That's the problem.

GUSTER: Yes. But many are.

PIERSON: But we can cherry pick --

KELLY: Hold on. Hold on. Let Eric finish and then I'll give it to you, Kat.

GUSTER: We need to concentrate on those people who are doing great things.  Now, if they're committing violent crimes, they're deported. But what Katrina is quoting on those statistics, you're talking about traffic -- speeding violations. Those are the things that are not truly bad crimes.  So, that's what those statistics are reading.

KELLY: Katrina, what people like Mr. Mayor said --


Hold on. Hold on. I'm giving you the floor. I'm giving you the floor.  But what people, you know, the mayor here would say is, when you have sanctuary city it encourages reporting of crimes among people who are undocumented, who otherwise wouldn't report because they're afraid they're going to get, you know, deported?

PIERSON: Except that it doesn't. I mean the whole point is here the entire rule of law is being ignored. We have laws in this country and just because you haven't done anything yet doesn't mean you get to just take a pass on that. And American citizen, there is in catch and release system for American citizens. And to your point, this is a problem because criminals have been released back into this country as reported on FOX News that have been shown that this administration has released thousands of even violent criminals back into our population.

KELLY: Wait. Just stand by --

PIERSON: What about Jamiel Shaw, his child, Kate Steinle, Josh Wilkerson, the list goes on.

KELLY: Okay. Stand by. Mr. Mayor, speak to that, the fact that this is illegal, that this is just, you know, it's not -- they've broken the law and, so how can you violate the law and just say, we're going to flout it and you can stay here.

GONZALEZ: This is a broken federal immigration system that if the Congress had the courage to fix, this wouldn't even be an issue.

KELLY: So, you're just accepting reality is your point?

GONZALEZ: The truth is, I'm accepting the pragmatic approach is that, we want people in our community to live lawfully, to be full productive citizens of our community.

KELLY: Uh-hm.

GONZALEZ: And the evidence and all of the data shows that there hasn't been a spike in crime rates. People have come out in the shadow --

KELLY: Well, you speak of Santa Fe. We don't know whether that's true in these other sanctuary cities. Eric, let me bring you back in, because you know, the will among this particular Congress controlled now by the Republicans and this particular President-Elect Republican is not going to be on the side of cities like Santa Fe. And so, you tell me whether you think they're really prepared to deprive these cities of their federal funding.

GUSTER: They're not prepared to do that. That would be a disaster for people who supported them as well as others. Now, what the cities have to do is make sure that they follow, they stand together against this type of abuse. Because this is a civil rights violation. When you're talking about people being deported who have not broken the law, who have great members of our community and really contributing to the American dream.

KELLY: Okay. Go ahead, Katherine.

GUSTER: It's a shame that they want to do that.

KELLY: I'll give you the final word, Kat.

PIERSON: Well, look, I think they absolutely have the will to do that considering how liberalism suffered an astonishing defeat last Tuesday.  The people are tired of this. They're tired of people coming to this country, draining a resources and everything else that comes along with it.  And we have to fight for those kids like Jasmine Gonzalez, a 10-year-old right here in Texas who was raped, stabbed in the chest and thrown in a ditch to die by someone who was in this country illegally. We have to protect our own citizens. If we can't do that and we're here for nothing.

KELLY: All right. Thank you all so much. We appreciate it.

GUSTER: Thank you.

GONZALEZ: Thank you.

KELLY: Also tonight, a new free speech showdown on a major college campus see what happened when campus police showed up in force to block Jim Shapiro from speaking at DePaul University.

Plus, the Clinton campaign first blamed James Comey and then the Electoral College for Hillary Clinton's loss at the polls but their newest excuse beats those by a mile.

Marc Thiessen and Mark Bennett are next on that. And then it turns out, the Trump campaign has a secret weapon in helping them find and turnout the voters that made the difference for him.

And up next, you will meet him in a "Kelly File" exclusive. The man who helped engineer one of the biggest political upsets in history. Don't miss this.


UNIDENTIFIED MALE: It really is remarkable what they've done. And I think the most interesting guy in the whole story is this guy brad Parscale who he profile, who essentially is one of the most powerful people in the Trump organization.


KELLY: Breaking tonight, exactly one week since President-Elect Donald Trump's historic upset election victory and some top Democrats offering a new explanation for what went wrong. It was the fault of the voters.  Well, I mean, I guess, right, but not choosing Hillary. One former Clinton campaign staffer saying, white women did not vote for Hillary Clinton because they're misogynists.


UNIDENTIFIED FEMALE: Internalize misogyny is a real thing. We as a society react poorly to women seeking positions of power.


KELLY: Well, that's one way to look at it. On the other hand, pollster Frank Luntz asked a group of Trump voters to do their own postmortem for the Democrats


FRANK LUNTZ, POLLSTER: Across America you had tens of thousands of people opposing this election. They claim Trump is a racist, they claim Trump is a sexist and yet you all voted for him. What's wrong on?

UNIDENTIFIED MALE: They're in denial. They're only tolerance is the people who think like that.

UNIDENTIFIED FEMALE: They're behaving like children.

LUNTZ: Behaving like children.

UNIDENTIFIED FEMALE: Yes. Because they're not getting what they want, they're throwing a tantrum.

UNIDENTIFIED FEMALE: We're not electing someone to be a Sunday schoolteacher. It's about the economy.


KELLY: Marc Thiessen is a Fox News contributor and American Enterprise Institute scholar. And Matt Bennett is co-founder of Third Way, and a former deputy assistant to President Clinton. Great to see you both.


KELLY: So, it's because of women's internalized misogyny that Hillary, I mean, you could go that way with him, Matt. What do you think? You're a Democrat?

MATT BENNETT, CO-FOUNDER, THIRD WAY: Yes. You could. Look, I've been around some close losses in my times. I was there when Al Gore loss and people were blaming that on him wearing too much makeup in his debate and sighing too much.

KELLY: That was annoying.

BENNETT: But look, Megyn, people's search for answers when they lose close elections, particular ones that they expected to win as of like 9:00 on election night. And so I think there's a lot of folks in the Clinton campaign, they're casting around for answers. That is not one I would have come up with. But you're going to see a lot of those kinds of explanations.

KELLY: Uh-hm. Look, I mean, Marc, there's no question that there was some sexism involved in this race.


KELLY: And that was to be expected given that we had the first female nominee from a major party. But to attribute her loss to white women being sexist pigs is a little confusing when, you know, you had a candidate who even as President Obama said didn't work as hard as he did, didn't go to all of the counties, didn't drive out all of the voters in places where margin really mattered.

THIESSEN: Absolutely. Look, I think the Democrats have a big problem which is that there are zero electoral votes in the state of denial which is where they are right now.


I mean, Hillary Clinton did not lose among women, white women because of internalized misogyny. She lost because most American women think she should be in prison. The after James Comey came out with his decision -- this is a fact. After James Comey came out with his decision saying that, you shouldn't be prosecuted, Washington Post did a poll. Fifty six percent of American women thought she should have been prosecuted. Fox News poll on the eve of the election, 61 percent of American women thought she was dishonest. Apparently the less of this election is, women don't vote for other women who they think are dishonest and belong in prison.

KELLY: Well, they didn't think Trump was honest either but they voted for him.

THIESSEN: But he didn't think he belong in prison.

KELLY: What was it? Was it the prison threat that the criminal threat against her that cause them not to vote? Matt, I read an interesting article the other day that suggested she was losing the voters before Director Comey came out. They were starting to go Trump, he was getting the third party voters at the last minute who were like, never mind, I'm not going to vote for, you know, this guy, who doesn't know anything about Syria. I am going to go with somebody else, who else, oh, Trump. And that it wasn't -- you couldn't attribute it necessarily to her alleged criminality but what do you think?

BENNETT: Yes. I think that's probably right. I just, I mean, look. The data from this election I think has been pretty -- proven to be a little suspect. We'll have to dig through it to see which was right. I do think that for the most part, these women were breaking at the last minute or breaking sooner than that based on economic concerns. They were -- this was a howl of anger and anxiety and they decided they wanted somebody new and not --

KELLY: And all she talked about was how bad she was. She didn't push her own message on why she could and would help them.

BENNETT: Exactly. Exactly. That is really important.

KELLY: All right. Guys, good to see you. I got to run. I have somebody that's really interesting.

THIESSEN: Thanks, Megyn.

KELLY: I mean, you're interesting too. But I want to bring you this guy.  An insider's take now on how Mr.  Trump actually won. The man behind the digital operation now credited with helping find and turn out the voters who made the difference.

Here now in a "Kelly File" exclusive, Brad Parscale, the former digital director of the Trump campaign and president of Giles-Parscale. Did I say that right?


KELLY: Great to see you, Brad. This is fascinating. Fascinating.

PARSCALE: Thank you.

KELLY: You are the one person who actually knows the answer to this question.

PARSCALE: Yes, the data.

KELLY: How did Trump win?

PARSCALE: Well, I think first you have to say it started with leadership.  And that was with Jared Kushner and also Trump's genius coming down to allow us to put a date operation to place --

KELLY: Jared Kushner is married to Ivanka.

PARSCALE: Jared Kushner is Ivanka Trump husband. Jared was instrumental in being kind of an overlay in kind of bringing Trump's genius down to the all the different parts of leadership. You know, Steve Bannon was there.  It's kind of that strategy person. But the data operation right from the middle and I think for the first time in history, the data operation ran everything from TV buying to where we were on the ground to all of the different operations. And so, and having that data right there, we could start to where the persuadable targets are, GOTV (PH), everything we needed to know --

KELLY: How? How? I mean, like, when you first saw, whoa, we're in play in Michigan --


KELLY: What showed you that?

PARSCALE: Well so, I think there's a good example from both Pennsylvania and Michigan. We played in some other spots also as I started to see data and started to track it. We were making thousands of live calls, web tracking, web different surveys and it was building and it's building what's called models and universes. What we can start to see is, we're in play in Pennsylvania and play in Michigan. Let's buy in these areas.  Let's buy these DMAs. Let's buy these voter targets. We started to see that move our direction. And by the Friday before the election, I had predicted that we were going to win 305 electoral results.

KELLY: Come on!

PARSCALE: Yes. The ABEV (ph) results coming in which is -- ballots in early voting was showing the data that where we were hitting targets and where we've wanted to see the voters turn out were showing up for us.

KELLY: Was the reaction by the others was what?

PARSCALE: Yes. I think there was a thing that stay around Brad's office, he seems really happy and giddy.


KELLY: You feel good when you leave Brad's office for some reason.

PARSCALE: Yes. So, the data is, the data doesn't lie. And that is the beauty of our data. I had some great data scientists, we have teams of them putting that data in a way that could be consumed so we could understand where we need to target people.

KELLY: But here's the interesting thing about brad. He says some political operative. You're from country Kansas, as you put it.

PARSCALE: Born outside in Topeka, Kansas.

KELLY: So what gave you the skills to, you know, get a man elected president?

PARSCALE: Well, I think some of that is just blessing. And, you know, I came out of college in the early '90s. That was a great time to exit school and get a job in the dot-com world and get educated. I had to finance in business degree but at that point there was no one with degrees in internet marketing and I was -- to spend that. And I spent 15 years building the company that I started with this $500.

KELLY: And Jared and Ivanka first hired you, right? Back in 2010 -- Trump Organization.

PARSCALE: Ivanka and Eric Trump hired me for the real estate website.

KELLY: Okay.

PARSCALE: And once I got the real state website then I started to work my way through the Trump.

KELLY: So how closely connected with the family have you been?

PARSCALE: I think at this point, I have a very good relationship with them. I mean, they value hard work, they value loyalty, they value success.

KELLY: Results. Right.

PARSCALE: And results. And that's what I wanted to bring.

KELLY: So, where were you on election night?

PARSCALE: I was in Trump Tower and eventually up in the apartment.

KELLY: In front of your computer?

PARSCALE: I was in front of my computer.

KELLY: What did you then know before others that we got this?

PARSCALE: Friday, I was 95 percent sure and by Sunday, I was about even more. And my Tuesday morning, I got more nervous Tuesday morning because I knew so much, I just had to wait.

KELLY: Did you know about Wisconsin?

PARSCALE: My one flip mistake was Wisconsin and Colorado. That's my 305 or 306. However as you can see our media buys from where we bought them in Pennsylvania and a different ways we're doing, we had a good strategy with the data.

KELLY: Well, why do you think -- do you know why she lost and he won? I mean, other than strategy, do you know what it was that turned it or?

PARSCALE: Well, I think that, you know, that's a good -- Steve Bannon for a strategy question as well but I think change. I mean, I think --

KELLY: But was there an event like the Comey announcement or the changed the number --

PARSCALE: Well, what's funny about that announcements was, in the numbers, I was actually flying with Mr. Trump that night. I showed him plenty of the numbers before that announcement that we were already coming. Those undecideds are moving our way.

KELLY: Uh-hm.

PARSCALE: People in this country were ready for change, they are ready for something new. They were already moving that way.

KELLY: Uh-hm.

PARSCALE: And I think those have been continued to have an --

KELLY: What about the "Access Hollywood" tape? Did they move the other way? Was there --

PARSCALE: Well, I think here's the thing. All campaigns have ebb and flows along the way, right? Ups and downs. I mean, the progress that reassess your data, remove and build new universes that now we have new targets. So, you move, you're in the bag, you move the people in and out.

KELLY: This is incredible. So now what are they going to do with you?  Right? Because is it true that you worked for Ted Cruz for a little while?

PARSCALE: No, I did not work for Ted Cruz.

KELLY: Okay. So --

PARSCALE: This is my first ever campaign.

KELLY: What does President-Elect Trump do with you?

PARSCALE: Well, I think that that's a President-Elect Trump question.

KELLY: Do you want to work for the administration?

PARSCALE: No. I never was a Politico. You know, that wasn't my goal. My goal is to be a megaphone for people, for businesses, for candidates, for who that is.

KELLY: I mean, but you're a Republican.

PARSCALE: I'm a Republican.

KELLY: They're writing your name down in every Republican county in America right now.

PARSCALE: And I think that Science that was missed in the previous campaigns was to take the digital, and mix TV, ground game, door knocking, all of those people, even budget. Jared and I oversaw where the budget data was.

KELLY: You shouldn't give all of this away. You should hold some of it inside so you can make more money doing it for others.

PARSCALE: Well, just saying it isn't as easy as doing it.

KELLY: All right.

PARSCALE: But sometimes, you have to say, so people will know that you can do it.

KELLY: Fascinating. Brad, thank you so much.

PARSCALE: Congratulations on your book.

KELLY: Thank you very much. Congratulations on your win.

PARSCALE: Thank you very much.

KELLY: Amazingly done, right?

So, up next, a new free speech showdown on a major college campus. See what happened when campus police showed up in force to block Ben Shapiro from speaking at DePaul University. Before we talk to Ben about how he got around the intense to silence his message. This is a good story.


UNIDENTIFIED MALE: I'm also wondering exactly why it's so necessary to keep me personally out.

UNIDENTIFIED MALE: We're just following protocol, sir.

UNIDENTIFIED MALE: Well, why wiser protocol keeping me specifically out?

UNIDENTIFIED MALE: What country protocol? Soviet Union or the United States?



ANNOUNCER: From the World Headquarters of Fox News, it's "The Kelly File" with Megyn Kelly.

KELLY: One week ago Donald Trump won the presidency of the United States prompting emotional reaction nationwide. In anticipation of possible tension on campus, University of Virginia President Teresa Sullivan sent a message to faculty and students urging unity. Now she faces backlash for daring to mention Thomas Jefferson in her e-mail who, by the way, founded the school. Trace Gallagher has this story from our west coast newsroom.  Trace?

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Megyn, in her post-election email the president of the University of Virginia argued that students have the responsibility of creating the future that they want for themselves.  And in the wake of the contentious election President Sullivan said, she was trying to unite students by citing UVA founder Thomas Jefferson who wrote, quoting with University of Virginia students are exactly the persons who are to succeed to the government of our country and to rule its future enmities within friendships and fortunes. But that quote drew a sharp response from professors and students, 469 of whom signed a letter to the president asking her to reframe from quoting Jefferson in light of the fact that he was a slave owner.

The letter read in part, quoting, although some members of this community may have come to this university because of Thomas Jefferson's legacy, others of us came in here in spite of it. Many of us, the inclusion of Jefferson quotes, under mines the messages of unity, equality, civility and inclusivity that you are attempting to convey.

The professor who wrote the letter said it was meant to start a conversation of ways to be more inclusive. Well, it certainly started a conversation after comments from around the country came in as well as a quick response from President Sullivan herself who said that quoting Jefferson didn't mean she agreed with all of his actions and then the president who was asked not quote Jefferson, went on to use his most famous quote, which all men are created equal writing, those words were inherently contradictory in an era of slavery, but because of their power, they became the fundamental expressions of a more genuine quality today. And history buffs will also note that Thomas Jefferson was often quoted by Martin Luther King Jr., Megyn.

KELLY: You cannot make this stuff up. Trace, thank you. Also tonight a tense scene unfolded on another campus, just hours ago when conservative commentator Ben Shapiro was prevented from stepping foot on to the campus of DePaul University in Chicago. Shapiro was invited by the DePaul's young Americans for freedom chapter attempting to defy a ban instituted against him in August when the university said that Shapiro was not welcome to speak on campus due to security concerns allegedly. Here's how it unfolded.


UNIDENTIFIED MALE: The bottom line is that it's private property. Ok?  Proper procedures weren't followed and you are not going.

UNIDENTIFIED MALE: So am I to understand that if I take three steps forward you'll attempt to have me arrested?

UNIDENTIFIED MALE: If you create a problem and you will not, you know leave the campus, yes.

UNIDENTIFIED MALE: Ok. So, just to be clear, if I attempt to enter that hall right there and sit down just to listen to somebody speak or if I attempt to ask a question or to engage in free speech, you'll have me arrested.

UNIDENTIFIED MALE: At this point, yes sir.

UNIDENTIFIED MALE: I'm glad that in a city that has some 4,000 shootings to this date, you have 30 members of security just for a 5'9" 165 Jewish guy.


KELLY: Wow, joining me now, The Kelly File exclusive Ben Shapiro, Editor in Chief of "The Daily Wire." Here we go again, Ben. Here we go again.  It's incredible. I mean time after time these college campuses won't even let you speak, because you get shouted down by intolerant people when you try to go and then they say it's a security concern.

BEN SHAPIRO, EDITOR-IN-CHIEF FROM A DAILY WIRE.COM: Yeah and it is really amazing, this one was actually particularly amazing, because there wasn't a protester anywhere in sight. You had 30 security people.

KELLY: But they can picture one in their heads.

SHAPIRO: Right. Exactly, they actually internalized the dividers so well that now they could actually reflect them back out to the world. They're tolerant of anything except somebody actually giving a speech on the topic of free speech. That is the actual topic.

KELLY: Say that again. Say that again.

SHAPIRO: The speech I was giving was about free speech and they were tolerant enough to ban it. So that was exciting.

KELLY: It's unbelievable you were not allowed to speak about free speech at all. This is what modern day university campuses have come to. Not in all cases. There is the University of Chicago that denied people of their safe spaces, but in this case, you showed up there to make a point about free speech and you were arrested. Does this have any public dollars coming its way, this University?

SHAPIRO: I don't know. It's a private university which is why I didn't actually just to walk right pass security. If I was a public university then I would have done so under my first amendment rights. Once they made it clear that I would be arrested if I took two steps forward, what I did instead, Christina Summers who joined me at this lecture, she actually Skype me into the lecture hall and we told everybody in the lecture hall to get up and walk out and we walked over to a theater that was about three blocks away and did the event anyway.

KELLY: What do the kids, if there are kids who are protesting, young adults, in your presence, say, do you know?

SHAPIRO: I think that they're just offended by anybody who has a different point of view. I'm speaking tomorrow at University of Wisconsin at Madison. And one of the key reasons that they are protesting, apparently big protests are planned is because I'm pro-Trump which is weird since I wasn't.

KELLY: You've been pretty clear about that.

SHAPIRO: So they are making thing up, yeah, exactly.

KELLY: And then they'll let controversial figures from the left come and speak, it is just not somebody who's got strong views from the right. We have seen it so many times. Ben, good for you for trying, thanks for being here.

SHAPIRO: Thanks a lot.

KELLY: Maybe that First Amendment just not. The answer to speech you do not like is not less speech, it is more speech, an important principle.  Still ahead, acts of violence caught on camera following the presidential election. "The Kelly File" takes a closer look on what is going on.

Plus Hillary Clinton report is still under investigation by congress. So where do we stand now on a possible prosecution. Is that happening?  Governor Mike Huckabee and Richard Socarides are next.


UNIDENTIFIED MALE: It wasn't political targeting at the beginning. So, because there has been a political election why should I just drop it?



KELLY: And just getting breaking news in now over the wires. They came out earlier today that Senator Ted Cruz went to Trump tower and had a meeting there with President-elect Trump in New York. And now the National Political Reporter Jennifer Jacobs for Bloomberg is reporting scoop, that is how she is put it, Trump is discussing Ted Cruz for A.G., for attorney general. That is interesting. Not confirmed yet by Fox, but a possibility. So why don't we ask somebody who might be in a position to know, Fox News Contributor, whose the man who supported Mr. Trump during thick and thin, for six months at least, Governor Mike Huckabee. And you used to run for president with both of these guys, something you all did together, although you were against one another. You tell me whether you think there's any chance that Donald Trump is considering Ted Cruz for A.G.?

MIKE HUCKABEE, FORMER PRESIDENTIAL CANDIDATE: It would be a big shock to me. I know we all ran together, but there was never like a big group hug that involved Ted Cruz. So I would be very, very surprised if that was the case. But look, this election has been full of surprises. So its Donald Trump decision to make, I am sure he will make it when he wants.

KELLY: Do you think Ted Cruz would be a good choice for A.G.?

HUCKABEE: You know he certainly served in the Attorney General's office in Texas as the Solicitor's General. So he's got that experience. He is a brilliant constitutional lawyer. He has a many other gifts and quite frankly I think there are certain members of the Republican senate, you know, that would be happy to confirm him, because they wouldn't be in the senate and they haven't been that happy with him being there.

KELLY: Back-handed, compliment, I guess. But anything is possible, right?

HUCKABEE: No I am just saying that they'll give him unanimous consent.  Even the Democrats will vote for him.

KELLY: He is not the most popular senator that is clear, among his colleagues. All right, we'll continue to watch that. Let's talk about Hillary. Because now we have President-Elect Trump promising that he is going to put her in jail. You got several congressional investigations going on or at least one looking in to her and others who are interested in doing so. What happens to that now?

HUCKABEE: Well, I think for Hillary's sake there needs to be an investigation, because if she is as innocent as she says, she needs to be exonerated. The only way that happens is with a full investigation. But there has been so many things about what she did, I mean even these recent revelation about her maid had access to the server, type out things to her computer, look the smell of this is so bad that it takes a hazmat team to just walk into the evidence. But if she is innocent, let's prove it. If however, that she is done some things that violated National Security. She lied to congress, but then look.


KELLY: But you know, Comey already said no. Didn't we already go through this?

HUCKABEE: No, we really didn't. You know what he said was she didn't have any intent, but intent isn't part of the law. But I am suggesting that I would like to see her incarcerated, absolutely not. I don't think anything to be sure, but I do think you are going to have a rule of law.

KELLY: Do you think that would blow some of the good will that Trump goes into office with. I mean, you know he is trying to pull more people into the tent. The Republicans might love him but the independent and Democrats wouldn't.

HUCKABEE: This isn't a political witch hunt, Megyn. Even if there is a rule of law or not, and if Hillary Clinton doesn't have to play to the rules, like the rest of us had to play that, the General Cartwright played and that 20 year old kid who took an iPhone photo of his Sub, if those keep people are going to prison, then we got an issue, that is what we got to find out.

KELLY: Great to see you again.

HUCKABEE: Good to see you.

KELLY: Joining us now with more, Democratic strategist and Clinton Adviser Richard Socarides, he is also a Senior White House Adviser under President Bill Clinton. Richard, to your point -- go ahead.

RICHARD SOCARIDES, DEMOCRATIC STRATEGIST SENIOR WHITE HOUSE ADVISER:  Megyn, I want to thank first, congratulations on the book. I'm excited to read it.

KELLY: Thank you very much. "Settle for More".

SOCARIDES: I want to settle for more. I want to be on the show more.

KELLY: That is the attitude. That is what I am talking about. Be better, do better.

SOCARIDES: Excellent.

KELLY: Settle for more.

SOCARIDES: I am trying. I am going to try to interview.

KELLY: I'm looking for that. Should she be prosecuted? What political capital must the republicans expend if they choose to go that way?

SOCARIDES: Listen, I think the point, the most important point here is that she is been cleared not once but twice by the FBI director, Republican FBI director. So if you want -- if people want to prosecute her, I don't know what they want to prosecute her for. But I think that any attempt to continue this, to continue any kind of investigation is really an overreach and would backfire against the Republicans.

KELLY: You know, the conventional wisdom is that, if it hadn't been Loretta Lynch, but it had been a Republican Attorney General that there may have been a different result. Even under Jim Comey who is supposed to be independent. Do you think the Republicans might take a chance and find out whether that is true?

SOCARIDES: Well, I don't think so, because I think that the way this works is that the FBI Director -- the FBI investigates and the FBI director makes a recommendation.

KELLY: But if it's up to the A.G. and if the A.G. is Ted Cruz, I bet you he might see it differently.

SOCARIDES: Yeah, but the A.G. no matter who the A.G. is, the A.G. is never really in a position to overrule the FBI director. If the FBI director came in to the A.G. and said well, you know on the one hand and on the other hand maybe that would be a different thing. But Mr. Comey, a Republican who is certainly no fan of Hillary Clinton's said there is no set of circumstances under which a reasonable prosecutor would prosecute this. I think we have to take him at his word.

KELLY: But the prosecutor is the A.G. not the FBI director. So you never know if Ted Cruz gets in there and says I think it looks like a pretty good case. It could be interesting although we're ahead of ourselves with the Ted Cruz. So far I am feeling it. I'm feeling it, like it was more. It was excellent, great to see you tonight.

So still ahead, reports of violent attacks spiking since the election. So we asked Trace Gallagher to investigate and the results he found are next.




UNIDENTIFIED MALE: Don't vote Trump. Don't vote Trump.




KELLY: Well in the week since the election we have seen joy, regret and reports of something a little uglier. There's been a rash of reports of attacks targeting supporters of both campaigns, including this incident of a man beaten in Chicago, reportedly for being a Trump supporter.


UNIDENTIFIED FEMALE: You voted Trump. He voted Trump. Damn.



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

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Megyn, 49-year-old David Wilcox said the fact that he supported Trump didn't start the beating, but it certainly made it worse. Wilcox said he was driving on the west side of Chicago when a black sedan scraped the side of his Pontiac, when he got out to exchange insurance information he says someone yelled, that is one of the white boy Trump supporters.

Wilcox says he made the mistake of saying what does that have to do with this accident and the next thing he knew, they were beating the blank out of him. Five people punching and kicking his head. When they tried to steal his car, Wilcox hung on and got dragged on a wild dangerous ride. He was finally flung up during a sharp turn, listen to him.


DAVID WILCOX, WHITE AMERICAN BEATEN FOR VOTING TRUMP: What's happening to America? You're supposed to be able to vote in peace. It's supposed to be part of our democracy.


GALLAGHER: Which is why jay Christian Adams and the Public Interest Legal Foundation has now sent two letter to the Department of Justice asking them to investigate this with calling it voter intimidation and a violation of the voting rights act. The Chicago police say the matter is being taken seriously.

And it is not just Trump supporters being bullied. Watch what happens to an anti-Trump protester at Ohio state.


UNIDENTIFIED MALE: You don't have to compromise --



GALLAGHER: The man who tackled that student has been arrested and suspended from Ohio State, Megyn.

KELLY: Trace, thank you. Up next, me, with no makeup.


KELLY: So my book "Settle for More" was released today, yehey. We're very happy to share it with you at long last. The book and "The Kelly File" were actually profiled by my friend Dr. Phil today and here's a peek at that.


KELLY: And I usually get into Fox News sometime between 3:00 and 4:00, although I've been on the phone all day with my executive producer and my team. How far down that rabbit hole do we want to go? Going over the headlines, deciding what the lead is going to be. Deciding a rundown then add anything to the story.

UNIDENTIFIED MALE: They might be looking in the archives for some other material.

KELLY: All right, if they get some news, then we'll talk.


KELLY: And then usually by 9:00 p.m. We're entirely thrown that out and started over. Hello.



KELLY: What is happening? And the ultimate show looks nothing like what we are thought it was going to look like at 3:30. But that is the fun of being live.

UNIDENTIFIED MALE: All right, tuck and go.


KELLY: Breaking tonight, a stunning revelation from the latest WikiLeaks document dump. Welcome to "The Kelly File" everyone. I'm Megyn Kelly.

It is a like a rolling thunder, one big news break then you just throw everything out. And it's thrilling. Check it out. Ok. So who do we have tomorrow?

UNIDENTIFIED FEMALE: We have Chris, Dana Perino.

KELLY: I would never believe, I would wind up this happy and doing a job that I love this much. 15 years ago I was a very unhappy lawyer. On paper I felt that I was succeeding. I think most people by American standards would say yes, great, nailed it. I had my doctor husband, high power law job, good, and you're good. And I would get home on an early night at midnight and the midnight repeat of "Oprah" was always on.

People end up sort of living their whole life under a mask.

It was Dr Phil.

UNIDENTIFIED MALE: I tell people what they want to hear, because they might not like you if you don't.

KELLY: And Dr. Phil said something that I would never forget and it would change my life forever. The only difference between you and someone you envy is you settled for less. It hit me like a lightning bolt. I resolved right then in that moment that I could settle for more.

So I've recently written a book and it is called "Settle for More." I hope the people will read the book and feel empowered to change their lives by making different decisions and choices. I hope that think if she could do it, I can do it, too. Whether they want a TV job or they want false eyelashes -- these are real, but later I'll get falsies. Whatever they want in their own lives, I hope they feel empowered to at least try for it, pick up the bat and swing.


KELLY: So Entertainment Weekly today put out a great review writing the story of Kelly's years as an attorney and her subsequent rise in TV journalism is surprisingly moving, transforming "Settle for More" into a primer about the importance of hard work, self-esteem and most of all perseverance. And that is exactly why I wrote this book, to show people of all ages that hard work and grit can get you where you need to go.

There is also a chapter on sexual harassment and a difficult time that was much publicized over the summer here at Fox News. It thought it was an important story to include and I'm proud to say that our bosses here at Fox, Rupert, Murdock felt the same. Like me, they believe that sunlight is the best disinfectant. I'm grateful to them and to you for buying this empowering book.

If you would like to meet me and talk about it in person, I'll be at the Barnes & Noble in New York's Union Square tomorrow night at 6:00 p.m. Eastern or over here during "The Kelly File." And then after the Thanksgiving holiday we're taking the tour, we are taking the show on the road, coming to see you. We are going all over the country. I'll announce the full schedule tomorrow night, but I can't wait to see you. Thanks for watching.

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