0 going to say it. please check out the factor website, different from bill o'reilly, and no umbrage when writing to the factor, i'm bill o'reilly, the spin stops here, we're looking out for you. i'm megyn kelly, and tonight. a full-on political assault is under way. >> tell senator shaheen it is time to be honest, obamacare doesn't work. and tonight, they turn to an old friend, the irs. and. >> what is your group, by the way, guys? >> we're just the people's man, how about that? >> how about that. >> and the oil pipeline protesters seen here with their torches and mask target a big executive in his home. tonight we'll speak with the big oil executive who is all too familiar with these tactics. and then, the big storm not only brought snow and ice to a third of the country, it touched off a bare knuckle brawl, the new york city mayor against one of the country's best known weather man. and reports say o.j. simpson doesn't much care for prison and is now on a hunger strike. tonight, see where o.j. is so very sad and is blaming his time behind bars on president obama? only on the kelly file. right now. and developing tonight, top democrats try a controversial move to keep the republicans from grabbing the reins on capitol hill. welcome to "the kelly file," everybody, i'm megyn kelly. with a little less than sninine months to the elections, democr democrats are on the ropes. and republicans are dropping tens of millions of dollars reminding the american people of just who is responsible for so many americans losing their insurance. >> call president obama and tell him his health law is not working and we don't want to be trapped in it any longer. >> tell senator somewhhaheen it time to be honest. >> tell president obama obamacare is hurting families, we deserve better. >> okay hagan, she just doesn't get it. >> tell kay hagan obamacare hurts north carolina. >> obamacare is hurting iowa families and we deserve better. >> well, these democratic senators in particular are being singled out. and tonight we hear that they are pushing back. some suggesting that the irs, i say the irs -- the irs, hello. yes. should aggressively regulate these organizations. didn't we just go through that? i think so. in any event, they're arguing that these groups are distorting the truth and the irs must stop >> it is happening again, and we heard chuck schumer, democratic senator chuck schumer, a couple of weeks ago being explicit in his calls for the irs to crack down on these groups yet again. and now we have all of these top democratic senators saying yes, that is the answer to stop these ads, listen to mr. schumer. >> the tea party gained extraordinary influence by donating millions into campaigns with ads that distort the truth and attack government. but there are many things that can be done by the irs and other government agencies and we have to redouble those efforts. we haven't worked hard enough on this. >> couldn't be more explicit? >> it is kind of funny that it is cyclical, they were spending millions in a smear campaign against romney, running ads that say he killed a woman and took away her health insurance. it is very convenient, what has changed is the democrats are about to lose control of the senate and so they're in trouble. and they can't defend their policy. there is not enough money out there to run ads explaining to the american people and convincing people that obamacare is a good idea. so they can't defend the policy. so the only way they can win is by silencing the groups who are calling them to account for it. they are looking into the camera and saying you can keep your plan. and it is not true. and there will be a second wave of cancellations and at the same time there will be videos on air showing them saying you can keep your plan as people are getting these letters. >> the americans are going to see this unless the irs steps in to help the democrats that are complaining. thank you. and some of these democras s may be reaching out to the tax agency to help them. but as mark mentioned a moment ago, the new polls show that believing the targeting of groups is an example of corruption. and 1% says that congress should continue to investigate, including in that number, a big number of democrats, even after president obama appeared with bill o'reilly in that super bowl ad and basically said, nothing to be seen here. >> you're saying no corruption? none. >> there were some bone-headed decisions but no mass corruption? >> not even mass corruption. not even a smidgen of corruption. >> a senior fellow at the cado institute warned of this profession. professor, it is good to see you. you warned about presidential overreach and how dangerous this is to be -- what the irs has done. what the president has done with respect to our immigration laws. what the president has done with respect to obamacare and you see it all working together in a certain narrative that tells us what about this president? >> well, so your poll spoke about corruption. but i think we should really talk about this in constitutional terms. so the president is obliged by article two to take care that the laws be faithfully executed. >> we got that, we put it on the screen to see that. >> and what this president has done is it looks a lot like he rewrote laws rather than executed them. it seems like it crossed the line towards legislation. >> but how does the irs controversy suggest presidential overreach? because so far it seems that is an agency thing and nothing has been able to tie it to the white house, how is that relevant? >> so the first thing to notice again is that the president should take care that the laws are executed. that is not executing them himself. that is taking care of the executive branch. so what he knew was a bit beside the point. he should have known, he should have been supervising the irs. president who would discriminate on the basis of politics. and what is so terrifying about that is it can undermine all that follows. because if you don't believe in the result of the elections you wouldn't believe in the legitimacy of the government. >> what about the president and saying i haven't gone as far in terms of the executive numbers or the reach. i certainly didn't put the japanese in interment camps the way we did in world war ii. i mean, there have been some presidential actions in the history of our country. >> well, if the only thing was -- >> that was an example of presidential action. >> i don't think counting executive orders is really the point. it is that some of these orders seem in contrast with statutory mandates, if the president said in january 13th, the statutes could not be more clear. the president decided he would not enforce it first one year, then another year and will only enforce it against certain employers and not other employers. this is in the teeth of a crystal-clear statute. >> we'll see if it gets postponed in the 2014 elections. and as we take tomorrow's broadcast to investigate what is now called a presidential power grab, we'll investigate why one liberal legal scholar says the president is quote, becoming the very danger the constitution was designed to avoid. and we'll hear arguments that there is nothing new here. nothing at all. a "the kelly file" special report tomorrow at 9:00. we hope you join us. and extreme weather, a major winter storm wreaking havoc for much of the country, pounding it for the morning commute but it certainly will not help. there will be slick roads in the morning. that is also because you see the colder air filtering out here. snow in philadelphia, rain in philadelphia. we'll see another two to three inches of snow. and then megyn as i said friday night into saturday the chance of another two to three inches of snow again across this same area. >> all right, thank you, rick. >> you bet. and drama ensues when it comes to weather in general. and new york city mayor bill de blasio announced before the storm's arrival that the forecast was not a concern and that the schools could stay open today. that was a different prediction than the one made by weather man al roker, here is his forecast. >> as you head up into new york, new jersey, and parts of new england we're talking anywhere from six to nine inches, three to six inches, as well. >> despite the warnings, new york city's mayor chose to keep schools open anyway, leaving teacher teachers and parents outraged. we have the governor telling people to stay off the roads, you have the mayor telling people to go to school. the mayor defended his decision and placed the national weather service. >> we knew based on the reports of the national weather service that we could have as little as three inches of snow on the ground by the time kids walked in the door of their schools, and we could have more. we could have four or five or more. it was a grave situation. >> always assume the best, that is the best planning mechanism. assume the worst will not happen and that did not plan accordingly. that did not sit well with al roker who began an icy war by way of e-mail with the mayor. hey, todd. >> reporter: hey, megyn, just waiting on the frogs and the locusts. yeah, this blizzard beatdown happened earlier today. and when al roker heard what the mayor said, there was some sort of a polar vortex. we had some of his tweets. first he tweeted how dare the mayor of new york city throw the national weather service under the school bus, the forecast was on time and on the money. and he wrote, this morning i knew the new york city mayor would close schools, talk about bad predictions. long-range de blasio forecasts? one term. well, the mayor didn't take kindly to that. and earlier today he lashed out and took a pot shot. here is what he said. >> i respect al roker a lot. watched him on tv for many, many years. it is a different thing to run the city than to give the weather on tv. >> and megyn, 45% of the student body actually showed up for class today. new york city says you know record snow and ice. >> and we think that you and the company are corporate criminals. >> oil pipeline protesters target a big executive in his home. tonight we'll speak to the executive who is all too familiar with these tactics. and then, stunning story about what is looking like a massive act of civil disobedience from gun owners in one state. and showing up, what american families really think of the health care law. >> well, it is a mess. >> former presidential candidate mitt romney joins us on the debate and his 2016 future. can i help you? hey, is it true we can get four lines, unlimited talk and text and 10 gigs of data to share for 160 a month? yep. at&t's new family pricing. that's 100 bucks cheaper than us. i know. are you guys with verizon? what makes you think that? oh. just her nametag. and i see you guys at the food court every day. can we go back now? yeah. 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