Its first chance to question one of the top bosses at the heart of the irs scandal. Well ask dr. Ben carson if hes laughing after the tax agency targeted him. Plus, a guy takes out a gun in a large crowd of people and no one notices. All too glued to their cell phones. Really . A story you must see tonight. Good evening, everyone. Im megyn kelly. Breaking tonight on the kelly file, a search for answers from the white house on a story we first brought you last night. Exactly when and how did president obama learn that the families of dozens of fallen troops were denied socalled death benefits because they died after the Government Shutdown hit. The benefits are meant to help grieving families bury their loved ones including these five american heroes who died in afghanistan over the weekend. Earlier today our chief White House Correspondent tried to get answers from jay carney. He asked for the omb and his lawyers to take action. Why didnt he have action taken before today though . You have to work out a process. Unless you are willing to write the check, ed. It takes time. It takes time to are you suggesting we dont, ed . There are people who care about about it who want it done quickly. Its getting done today. Why wont you tell us whp the president learned . Yes, the day before . Ed, i can tell you when the president found out he was disturbs and asked his lawyers and the omb to work on a solution. We expect a solution today. This is not complicated. I know you are trying to make it a partisan issue. Nice try. But ed you wont tell uh us when the president learned. You said he wants to move quickly. When he learned about it, he asked for directed those who work for him to find a solution. We ex expect a solution today. Ed henry joins us live from the white house with breaking news on this. You never the did get jay carney to answer that simple question, but you kept working the story. Ed, tell us. Reporter thats right. It seems simple. When the president says hes outraged, so when did he learn about it and how quickly did he move on it . September 27 the pentagon comptroller told reporters a few weeks ago if the government shut down october 1 they would not be able to pay death benefits. Nobody is suggesting the president was briefed back then. But inside the Administration People are saying up officially that aides around here knew about this a few days ago. How quickly does that filter to the president we dont know. They havent answered. If the president knew two, three days ago it uh suggests it would be politically embarrassing if they say he knew back then but didnt move quickly to issue an executive order or whatever may be the case. The bottom line is jay carney did tell me there is one way to deal with the death benefits to reopen the world war ii memorial, grand canyon, you name the it. In carneys words thats for the republicans to re open the government. That battle tonight still goes on. Ed henry, good work. Thank you. As the Obama Administration points fingers one group stepped in to do what our government would not offering to pay the families of our fallen troops the full benefits they were promised as long as the shutdown lasts. The ceo and chairman joins me now. Ken fisher of the fisher house foundation. Good fwr you, sir. Thank you very much for doing what our government refused to do. Today we find out you stepped in, that they are going to give you an iou. You shaved chuck hagel and helped out the families. The department of defense has the left armest budget in the government. They are still funding golf courses. They cowlnt find a way to do this. Your thoughts . This is a national disgrace. There is no other way to put it. We stepped in because these families lost a loved one. They shouldnt worry about where their next dollar is coming from. Wh they raised hands and took an oath they were going to defend the nation with their lives. If they came back wounded, we as america had to make sure they were healed. Whether mental or physical. If they lost their lives in doing so, it was up to us to take care of their loved one. That was the promise. Special agent Joseph Peters was killed over the weekend. His wife said, my husband always said if something happened to him we would be taken care of. Not only was the government not prepared to take care of this mans child and wife as they promised him they would if he went to fight for our country, they were con at the present time apparently to sit back and let it pass. Did today come to you and say, ken, help us out or did you go to them . When we learned about the situation we basically mobilized without hesitation. We called our board members. There was no hesitation with them approving what we wanted to do which was step in and take over for the government in this capacity. Did you volunteer it or did they call and ask you. I got a call from senator manchin from West Virginia who asked if he would be willing to help. Every decision should be that easy. When did you get the call . Yesterday morning. Ed henry is saying the white house officials knew at least a few days ago. Questions still remain. The defense secretary said hes outraged and embarrassed. There are questions about how we got to this position and nothing was done for days. Thank you. Thank you. In the midst of the p. R. Nightmare we are learning the president s approval numbers are plunging. According to a new Associated Press poll 37 approve of the job the president is doing. 53 disapprove. Brit, as far as we can tell the approval number at 36 is the lowest at any point during his presidency. Its the lowest in any poll now. I wouldnt be surprised to learn as more polling is done that the number is low. Its clear that this whole situation with the government shut down has hurt the president s standing. What is doing it . This just broke yesterday and came to the forefront. It seems to play on a narrative that already emerged. Asp some park rangers allege, they are claiming they have been told to inflict maximum pain to make it painful for political purposes. That narrative is emerging. What we saw with the world war ii vets, now the death benefits cant be paid though Top Administration officials knew about it. We are learning more facts that are raising eyebrows for some. It reminds you of what happened when the sequester hit. Remember that . And the white house tours were shut down and how it backfired. One might have thought the president and his team would have recognized as this situation approached that with the publics habit of blaming republicans for a Government Shutdown republicans are the party thats less enthusiastic about government that they would handle it with care and try to ameliorate the effect s. The National Parks are a conspicuous example to make the effects known as much as possible. That backfired. The sight of veterans crashing a barrel for an open air memorial was one of the first things we saw as the government closed down. We have heard about a couple oh that lives on Government Land and a house they own in nevada, being evicted from their property. People being locked out of the park out west. This has not gone well. It looks like the administration is trying to inflict maximum harm. In addition is the fact that the house, which i i think is still in a tight spot and i think started this with the defund strategy urged on certain house members has been agile since. Think about it. They passed a whole series of measures to open parts of the government. The senate is refusing to fact on any of them. The president promised to veto them. What kind of impression tdoes that leave . The senate, according to senior sources told fox news the senate would not approve death benefits, that the house unanimously approved today. Exactly. And ken fisher came to the rescue. They must be thanking the high heavens for fisher tonight. I think there is a sense in the Democratic Party based on past experience that republicans will get the blame and will be weakened as a party going into 2014 when the president hopes hell never again have to worry about negotiating with republicans and dealing with them again, that hell have control of both houses of congress and can work his will. It doesnt seem to be turning out that way which is not to say republicans arent getting the lions share of the blame. We have the latest poll. 62 blame them. 49 blame president obama and the democrats. The margin. Do you sense consternation on the part of the Administration Officials . With all due respect to the defense secretary the fact he showed up at Dover Air Force base which was the first time in his tenure in the job over 113 died. It was the first time he showed up and the question was whether it was out of a concern about p. R. I would imagine it was, megyn. I cant read his mind. I dont know what he was thinking. Probably not a quincoincidence he showed up this time and not the previous times. Hes not a bumbling figure in washington. Its an easy target. It fits into the pattern that the administration has been crude and clumsy in their handling of these things and has felt if they just let things hit as hard as they can that the republicans will be blamed and they will win. Theyre not winning the way they thought they would. Certainly not. Brit, thanks for being here. You bet. Great to see you. We heard ed henry say the white house knew for days about the death benefit to buckle. Why didnt they say that . Karl rove is just ahead. Plus a world war ii vet group is bringing a growing number of our nations he ros to washington. Two honor flight guardians join us to talk about the controversy in the capitol. They opened it for an immigration re form rally but not for the vets. And now the upcoming million vet march thats building for this weekend. We have people other than the world war ii veterans are basically shut out from coming in and seeing this memorial and nancy pelosi and her he bunch were out across the yard. They have hundreds of thousands of illegal i aliens over there that they are glad handing. [ male announcer ] meet mary. She loves to shop online with her debit card. And so does bill, an identity thief who stole marys identity, took over her bank accounts, and stole her hardearned money. Unfortunately, millions of americans just like you learn all it may take is a little misplaced information to wreak havoc on your life. This is Identity Theft. And no one helps stop it better than lifelock. 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You have so much to protect and nothing to lose when you call lifelock right now and get 60 days of Identity Theft protection risk free. Thats right. 60 days risk free. Use promo code notme. Order now and get this document shredder to keep sensitive documents out of the wrong hands. A 29 value free. Dont wait until you become the next victim. I have no idea why the gates for illegal aliens in this country illegal have free run of the mall and citizens cant come into the this memorial. That was a vietnam veteran, son of a world war ii veteran. His group helps veterans and is one of many getting behind a building protest dubbed the million vet march headed for washington, d. C. This weekend. Joining me now, brothers wayne and darryl hinson, both honor flight guardians. Thank you very much for being here. Darryl, thank you for your service. Thank you. You seem so upset when you saw uh the immigration re form rally yesterday. When your group helps world war ii vets get to d. C. , get on the airplanes and go see their memorial. In the wake of how they were treated you told us on a scale of 1 to 10, 10 didnt cover how angry you were. Thats right. As far as the veterans getting in, we got in without a problem. But there was a lot of people standing around at the fence trying to take pictures that werent allowed in that were the sons and daughters of veterans that wanted to get in and pay homage and respect to the vet raps that died vet rerans th died for this country. I thought it was an abomination and a black eye on this country. To let illegals have run of the mall while they couldnt come in and seeemorial. They say it uh cost more to shut down the memorials than it did to keep them open. Yet they sent a bunch of park service police, National Park service to staff the Immigration Reform rally. Do you think there was a double standard . Yeah. It seems there is always a double standard when it comes to things like this, kelly. The park Service People were more than gracious to the veterans. I dont know how they treated other people. We were busy with our veterans. As far as the honor flights went, the park service treated us really well and let us go where we needed to go. They didnt give us any trouble. In fact very accommodating to the veterans. This was never about park service officials. They do their job and do it respectfully. No question b about the access that was provided or not provided with the barricades prior to the National Media catching wind of this video. And, you know, your thoughts as you watch, darryl, what appeared to be lawmakers including nancy pelosi thanking president obama. In fact, we have it, for opening the doors to the national mall, for lack of a better word, for her group. Here she is yesterday. I want to join my colleague to thank the president for en abling us to gather and also thank the president that the veterans were able to gather at the world war ii memorial. Your thoughts . Well, most of the people that were there are in our country illegally. Taxpaying citizens cant get the same benefit from our government that criminals get . Thats appalling. Youre part of the groups that will be going to washington this weekend for the million vet march. Whats that about . No. I Vice President heard anything about the million vet march. My apologies. My information must be wrong on that. Thank you for telling your story. The best to you both. Thank you, megyn. Thank you. Coming up, did a texas judge order a teenage girl to live uh in a home with a known sex offender . Lawyers are alleging the judge, despite the girl begging him, pleading not to make her go home to this convicted sex offender sent her there and what happened next is disturbing. The lawyers are here. They will explain whats going on with the judge next. Plus, when lawmakers got a chance to question one of the top bosses of the irs today one of the democrats tooking mooing to a new place. Well ask dr. Ben carson if hes laughing after the tax agency specifically targeted him, he he believes. Have you been consorting with the deevil . Not to my knowledge, si first on the kelly file a gut wrenching story from texas as a judge faces accusations he put a 15yearold girl back in harms way. She came to him with a story of abuse at the hands of a convicted sex offender. Abuse that we now know did occur in what should have been the safety of her home. Sadly the story gets worse from there. What about the judge now . Steven casey is cofounder of the texas center for defense of life. Greg ta the are a is president and cofounder with the same group. Thank you very much for being here. Steven, this young girl was placed in the custody of her guardian and her guardians boyfriend, the villain. She went into court with your group prior to the ultimate awfulness to say these two are forcing maine to get an i abortion and i dont want to live with them. She was coerced to van abortion against her will. We came to try to preevent that from happening. We found out she was living in the presence of a sex offender. It was a dangerous situation. The judge said no. He said, youre going back to them, im sorry. He said, i find no evidence that you are being coerced to have an abortion against your will or ifs it is in your best interest to be removed. Tell the viewers what happened four or five months after he offered the ruling. He said, i find no evidence that you are being coerced to have an abortion. I find no evidence that you need to be removed from this dangerous situation, that it was dangerous. He sent her back into the house. She was raped four months later and witnessed the murder of the woman living in the home. There is no doubt that it was this guy who she was kplaping to oh the judge about who did it. He pleaded guilty. Absolutely. He pled guilty when she went to write the assignment at school we talked about in the lawsuit. There was a separate issue because she was told by her teachers to write about the worst thing that happened to her. She wrote about it. The teacher and two School Administrators made her change the story and apologize to the guy for writing it. They have been indicted. Thats a separate issue. Back to the judge. He knew what was going on. He had the indications in front of him. Shes 15 years old, pregnant, smoking, drinking underage. She was with two people who werent related to her. He could have moved her out just on that information alone. Anybody in their right mind would have. Whats the judges name . Judge terry flinikin. Now i hear the teachers were indicted for how they handled this. Whats going to happen to the judge . What kind of judge is this . He was a district judge. I believe hes still a visiting district judge. But hes semi retired. Not serving in a particular bench like he was a year ago when this happened. Has he tried to defend himself and exchanged in the wake of the fact you have to admi