News for dads everywhere as we get a shocking ruling in a custody battle for a Hollywood Star who hasnt seen his fouryearold son in a year. It all starts on a busy kelly file right now. And breaking tonight, stunning new revelations in the scandal rocking the Veterans Affairs department and now engulfing the presidency. Welcome to the kelly file, everyone. Im megyn kelly back from vacation. Some of the biggest veterans groups are accusing president obama of watching from the sidelines as americans learn of alleged failures throughout the va medical system, some of which may have costs lives. Those acquisitions coming, even thoerks though as a candidate and in office the president vowed to confront the issues head on. No veteran should have to fill out a 23page claim to get care or wait months, even years to get an appointment at the va. America will not let you down. We will take care of our own. Let us commit ourselves to keep making sure that our veterans receive the care and benefits they have earned, the opportunity they defend and deserve. And now we learn that then president elect obama was warned of the very problems we are now learning about today, six years ago, i mean, the exact problems, not just the long wait times but false falsifying reports. It was last month the allegations exploded at the phoenix va, whistleblowers including a doctor said veterans waiting for appointments were being hidden on secret lists and dozens of veterans may have died without seeing a doctor. Since then, claims of serious va misconduct have been reported in now 19 states and today, a new report alleging that since 2001, the va has paid out more than 36 million to settle nearly 200 cases related to delays in medical treatment. Yesterday the National Commander of the American Legion demanded to know why the president stayed so silent. We need the white house, the president to come forward. He needs to make a statement to show the employees of va that this needs to change now. One death is tragic, but when you hide it, thats unforgivable. Our chief White House Co correspondent ed henry is live tonight, ed. Reporter the white house not only admitted they were warned during that president ial transition in 2008 but said the president was aware of these big problems at the va in general. Back in 2007, which is why one of those clips you played was the speech of the vfw where the president said there was a sacred trust to make sure veterans would get their benefits, that trust may be shattered as you noted. This reached 19 states in terms of allegations of secret waits lists and the like. Is this an effort to deceive at the hospitals rather than rogue employees or elsewhere as for the Washington Times report about the 2008 president ial transition. That confirms this started in the bush administration, but obviously, carried over into the Obama Administration, which is why jay carney was pressured today. If youre wondering about it in the transition, wouldnt you do something in 2009, 2010 absolutely, which we asked for and received cofrom congres its not getting to the veterans. Thats simply not the case. You have more veterans being served through help centers around the country. Whistleblowers are disagreeing on whether or not benefits are actually getting to the veterans. On the question whether or not the president will speak out, his aids say he is matter than hell and will speak out soon on this. Well see if that happens. Jay carney said in terms of allegations in phoenix, the president learned from media reports. The president has spoken out on this one time and tell us why and when that happened, ed. It was the end of april, a News Conference in minnelli. He called on me for a question. I asked him two questions, one about Foreign Policy and one about this scandal. The phoenix scandal had just broken and i thought it was an important issue to get the president on the record. At that time he did not express outrage. He did not say he was madder than hell as the white house is saying. In fairness, it was early in the story. That was weeks ago. A lot has happened since then. We dont know why hes not spoken out. What we dont know, it was not early in the story, early in the medias coverage of the story but not early in the story and we find out from the Washington Times not early in the white houses knowledge. Ed, good of you to be here. Despite the president s repeated promises to stay on top of the va and fix these problems that he was warned about, press secretary jay carney today had to admit to reporters that president obama first heard about the phoenix va allegations on the news. When was the president first made aware of these problems, these fraud lists being kept specific allegations i think were reported first by your network out of phoenix, i believe, we learned about them through the report. Joining me now for an exclusive interview, Republican Senate minority leader Mitch Mcconnell. Sir, good of you to be here tonight. Now we learn thanks to the Washington Times report confirmed, that they were warned, they werent just warned the wait times were long, they were specifically warned that the va department, that administration should not trust the wait times that the medical facilities were reporting, that they were recommending a va Inspector General should take hold and test the accuracy of reported wait times, and yet, and yet senator, it appears that was not done. The numbers were accepted or certainly there has been something has gone wrong because now all these years later, the problem appears to be worse than ever. Youre reaction . Look, the va has been a problem for a long time. Its nice that the president is mad as hell but why didnt he have the kind of attention applied to this he did to the obamacare website . Multiple press conferences, multiple communications with the american people. Look, this is a huge problem. He needs to step up to the plate. Dont try to blame it on bush or republicans in congress. Hes the ceo of the country. The va reports to him. He ought to have the same kind of interest in this that he did in the obamacare website and that obamacare law in general. Make it a top priority, shape these people up. It doesnt make any difference that he just heard about phoenix in april, weve known for years that the va backlog was enormous. I had the secretary of Veterans Administration in my office a year and a half ago on the same subject and other members have, as well. This has not to been a secret t va was not doing right by our veterans. And yet, it takes it to another level when there is specific warning or knowledge the numbers are being falsified. Not only veterans waiting too long but data coming in from the va facilities is false, misrepresented and cannot be relied upon. No one can know without doing an audit how bad the situation is. You mentioned the republicans. According to the same reports now, nine recommendations arising from Inspector General audits from 2005 to 2007 were not implemented by 2008. So both of these administrations have a dreadful history on this, however, we have to deal with the one we have in office now. My question to you is what can be done . Is this on shinseki . Is this on president obama . Hes commander in chief. Shinseki is chief of veterans foreign affairs. Does this man have to go . Its a management problem, not money problem. So its obvious the Management Team needs to be changed to address this problem. This is you know, im not saying there were no problems in va back during the buescher sh. In 2006 they announced a news v new hospital and eight years later they havent Broken Ground yet. This whole agency is completely out of control, and as you indicated, it may rise to the level of actually getting People Killed because of the incompetence and failure to service these wonderful veterans who deserve our finest care. What do you make of the fact that the president has yet to specifically come out and make a statement on this, as opposed to, you know, one answer to one question, our own ed henry pressed him on . As i said, he need s to put the same kind of personal attention to this on the obamacare websites. This is much more important. These men and women have sacrificed for our country. We promised them the best possible care. This is a promise that needs to be kept. Tomorrow is primary day for you. Youve had a tough challenge from the tea party contender. Youre ahead in the polls and yet, they are saying if you win, you may have a tight reelection battle and some republicans may stay home and may not be motivated because they like the Tea Party Candidate who is challenging you. How do you motivate those people and get them out . Look, after, we had a big primary in 2010 between ran paul and incredible opponent to him and right after the primary, everybody who supported the losers said i wont support senator paul. By the time the election rolled around. Over 90 of kentucky republicans supported senator paul and won. There are always hurt feelings. Well bring the party together. This state is not a state thats hospitable. The president carried four out of 120 counties and launched a war on cole and we have a depression in the cole fields of eastern kentucky. Im confident the voters of kentucky wont send somebody to the senate to make harry reid the majority leader once again, a guy who says coal makes you sick and provide another vote for barack obama. Thats not going to happen in the commonwealth of kentucky. Minority leader, thank you for being here. Well watch the results tomorrow night. Thank you, megyn. All the best to you. Well have those tonight as well as other primaries taking place tomorrow. New questions about what the nightmare of the va may tell you about the future of obamacare. Plus, a kelly File Television exclusive. Well speak with the benham brothers that almost saw their business impose because of their believes. See what happened at the 11th hour. Possible legal problems for democrats if they encouraged the irs to target conservative groups. Judge napolitano was next. There was bone head decisions bone head but no mass corruption . Not even mass corruption, not even a smidgin of corruption. Okay. Zero heartburn. 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This exact moment. [woman] thats good. I know right . Cheers to that. Gevalia. 150 years of rich, never bitter coffee. [ male announcer ] west didnt end where columbus landed. Not on the banks of the mississippi, or even the coast of california. The new ram 1500 ecodiesel. With 9,200 pounds of towing and 28 highway miles per gallon. West will never end. Guts. Glory. Ram. Developing tonight, new questions about the legality of leading democrats like senator carl leaven putting pressure on the irs to target conservative groups. This as the irs continuously delays releasing more documents detailing its correspondence with several other Top Democrats including harry reid, Chuck Schumer and larry andrews. Its been a year now. Where is that revelation . Fox news senior judicial analyst judge napolitano. Well get to that in a minute. Lets start with carl leaven and whether he or potentially other democrats who medaled in the relationship between the irs and citizenry could potentially face charges because now its come out that carl leaven was very active in pushing the irs to look into the tax exempt status of certain inparticular groups. From the information i released, the same people that got documents on benghazi. They have been busy. The House Committee couldnt get, thats investigating, it is apparent that senator leaven has taken the lead. Senator leaven actually asked for documents from the irs that the irs said you should know better. The irs went too far. Big picture, it appears that a group of democrats in the congress have pressured the irs and executives in the irs, most probably this woman lois lerner, caved into that pressure to exercise their power to infringe on the free speech and association l rights of americans in an effort to null fie or reduce the effect of a Supreme Court opinion with which the president disagreed. Citizens united which allowed political speech by corporations. To translate this in plain english, when somebody who works for the government uses the power the government has given them in their job to interfere with a private person expressing his political views or associating with other people, thats a federal crime. If the Justice Department had the courage and the fidelity to the contusion to prosecute these people, there would be some targets on the heads of wellknown public officials. I looked at the law myself. Im not sure whether this could be a criminal offense. I see the argument for it but sounds like a stretch to me. However, talk about the basic liberty threat when we have u. S. Senators calling up the tax agency saying give me documents about this applicant for tax exempt status because i, senator leaven think there is funny business going on. Sometimes the greatest threat to liberty does not come when somebody puts a gun in your face and says do it or else. Its when they are so close to you with their power that they chill you, that is a technical legal phrase with which youre familiar, meaning youre afraid to exercise your freedom for fear you will have to tangle with that government because they are not equals. The irs and senator leaven are not equal. Correct, hes the chair of a committee that leg rates them and controls their budget. Hes saying use this money weve given to you, use the power the statutes have given you to silence conservatives because we dont like the way the Supreme Court unleashed to them, that could very well have the effect of silencing them, whether the irs does it or not. You have to be more careful, not less when you have that power in dealing with an agency like the irs that has substantial powers. This group of republicans has been trying to get a list from the irs of all the lawmakers that its been talking to or did by the leadup to the irs targeting scandal, who was pushing you saying go after them. Right. They cant get them to respond. Its been a year and they keep getting responses saying we need another delay, we need another delay. They want to delay this in barack obama is out of office and they hope this will dodge how can they get away with that . This might not die because the person who replaces barack obama maybe from the other party and that persons prosecutors may prosecute these people, it will not be too late to do it. The republicans in congress should not let them get away with this, the house of representatives should sing its teeth in it because republicans out number harry you said Mitch Mcconnell on. Sometimes i feel sorry for him. Everything he wants to do is blocked by harry reid. The republicans have the majority in the house and can do with the irs what they are about to do with benghazi, investigate it. Judge, good to see you. Good to see you. The va scandal and what lessons it may have for the future health care of every american and a showdown shaping up between republicans and the first lady, see what is up with this. A kelly file exclusive, the benham brothers on conservative believes that got their upcoming tv show cancelled and much more. Im mary and i have copd. Im jeff and i have copd. 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