americans believe the count very headed in the wrong direction. good news? gas is so expensive, we'll never get there. so yeah. that is actually good news. >> and that is your last call. lights are blinking and we're closing down shop. thanks for being with us tonight. we'll see you tomorrow night. we're going to put an open thread up and you can talk about tonight's show, keep it here on fox news channel. the o'reilly factor is next. good night from washington. i'll see you on gretawire.com in 30 seconds. >> bill: "the o'reilly factor" is on. tonight. bill. >> how do the comments by the teamster's president fit in with that. >> first of all not comments by the president. >> union leader president obama spoke at. mr. hoffa speaks for himself. >> president obama taking heat for teamster boss jimmy hoffa's attack on the tea party.

>> you don't have to pay attention to anything they say. >> is that fair to the president? we will have analysis. >> why wouldn't you come on the o'reilly factor? >> he isn't exactly a a journalist. >> bill: looks like i'm not about to go camping with ron paul any time soon. why does the congressman dislike the factor and what is behind his ire? jesse watters will tell us. >> you didn't want to explain that to o'reilly? >> he wouldn't have understood it. >> also tonight brit hume on the romney vs. perry shootout. is it legal on illegal aliens getting big tax refunds. caution, you are about to enter the no spin zone, the factor begins right now. captions by closed captioning services >> hi, i'm bill o'reilly. thanks for watching us tonight. president obama speaks again again and again and again. that is the subject of this evening's talking points memo tomorrow night.

president obama will try to convince us once again that he has a formula to create jobs in america. unfortunately, we have seen the movie before and the ending is grim. now, it is possible the president will come up with new stuff that might actually improve the economy. that is possible but not probable mr. obama job creation by the federal government. target the tax cuts in the private sector. again, we heard it all before. the far left never tires of hearing it. >> the president must be bold. i agree that he must have jobs program. i'm talking about a program of a trillion dollars or more. we have got to put americans to work. that's the only way to revitalize this economy. >> bill: good grief. ms. waters as usual is wrong. massive government spending has only increased unemployment. 7.8% when mr. obama took office

to 9.1% now. talking points and most americans well understand the feds cannot run the economy. only private corporations and small business people create jobs and mass. california was awarded $186 million in stimulus money. weatherwise homes. weatherwise homes. so far 538 jobs are created. that comes out to about $350,000 per job. california also received 59 million taxpayer dollars to train people for green jobs. resulting in 719 folks, i should say, being hired. company called johnson controls received $300 million in federal grants to create more green jobs. 150 folks got hired. that's 2 million bucks per job. finally loaned the solar panel company a whopping $535 million. that company is backed by george

kaiser, a major democratic donor. well, last month. it announced it's going bankrupt. bye bye 535 million taxpayer dollars. i can give you hundreds of other examples. hundreds. but here's the kicker. the u.s. post office is going bankrupt. it can't pay back the treasury department for loans, $5.5 billion in loans. and the post office is huge pension obligations. with the arrival of email its business is almost obsolete. prediction the taxpayer 5.5 billion loaned to the post office american is driven by the private sector, the free marketplace creates jobs and pros parity very well lose the election of 2012. now for the top story tonight. believes the republican race is now between mitt romney and rick perry. the national journal polled a

bunch of political operatives inside people in both parties asking which man has a better chance of defeating barack obama in the general election. among democratic people polled, 83% picked romney. 17% perry. among republicans, 69%. romney 31%, perry. joining us now from washington fox news senior political analyst brit hume. that seems a bit low to me, brit. >> among political prornls, i think it's probably about right. there is a concern here among republican operatives and really that the only way they can lose this election, really, is for the party to nominate somebody who could be successfully portrayed as an extremist of some kind and governor perry, by virtue of his past statements has provided a little bit of paint for just such a portrayal. >> bill: all right. so, baseballly that the republican and democratic insiders, the people who make a

living in politics, feel that the obama administration will have an easier time marginalizing the governor of texas than the former governor of massachusetts, mitt romney? >> i think that's the way it looks to them today. and i think there is some basis for that it occurs to me, bill, if you are going to talk, as he has in the past, or loosely about succession from the union. about social security being unconstitutional. that will strike a lot of mainstream voters, independent voters perhaps as well as being not what they are interested in hearing and pretty exotic. that's the risk for republicans who look like they are in good shape to win this election, which is likely to mostly be about obama. they don't want it to be about their nominees. they want it to be about obama. >> bill: the texas always comes between the primaries which are more ideological and general election where independents hold sway. so it looks to me like mitt romney according to these people and what you are saying as well

is better positioned for getting independent votes than governor perry might be. although governor perry has a very strong economic record in texas. >> well, i agree. i think that's right. look, i think the thing you have to remember about this is very critical as perry embarks upon this series of debates and appearances in which we will see him at some length and under some stress, really, for the first time, we'll find out whether this emerging portrayal of him as sort of a freak candidate is -- will hold up. i'm not sure it will. if you have seen him in recent days, bill, on the news, on our channel i saw him for a while yesterday talking about the fire damage in texas, which as you know has been quite severe, and he came across in those interviews as a calm, reasonable, knowledgeable, and sensible and serious man. he looked like the state chief executive and knew what he was talking about and was, you know, deeply involved in the business of his state. that image emerges.

it was kind of a mature and seasoned executive. that will change the atmosphere on -- and the image of him quickly, i think, and give reassurance to voters on whether he would seem too extreme. >> now, in the talking points memo, i raised the question about barack obama not seeming to understand that the federal government can't drive the economy. if you want to just strip it all down, which is what we like to do here and just throw out all of the crazy ideological stuff, it comes down to the fact that the president of the united states still believes, it seems, because i think he is going to say this tomorrow night that the federal government can somehow create enough work to lift the american economy out of the doldrums it's in. i don't think very few economists believe that anymore. we tried it. i gave the president the benefit of the doubt. i think you did as well. it failed dismally to the tune of almost bankrupting the nation 14.5 trillion in debt now. okay. and now he wants to spend more money. you heard crazy maxine waters

let's spend another trillion. are these people just self-destructive or are they just not so smart? >> i think they are enamored old way of looking at the economy. this is an argument that's been going on for a very long time, bill. >> bill: the score is in. the results are in as they say. >> i don't agree with this but you will hear it argued it would have been far less if we hadn't spent all that money. i don't think that argument holds water. that's how the president looks at it. what strikes me here is that the president is in a predictment for him to do anything different or new that would be meaningful to the job creators in this economy, that is the businesses and entrepreneurs, he would have to begin to reverse course on a whole range of things he has already done in which he considers his critical accomplishments. obama care, the wrath of regulations associated with the regulatory reform bill and so on as the list is very long. the environmental protection agency, one of whose regulations he recently cancelled has an

endless list of things that it's imposing on the economy. and i think that the president would have to decide that he was going to be an entirely different kind of president with entirely different set of belief in order to do anything different in order for him to go into stimulating the private sector he has to alienate his base. he has to get away from all of the "new york times" craziness that the government should be running the economy. that's what he has done. the government should run the economy. that's what the president has done. it's failed dismally and there is no reason on earth to believe that it would succeed in the future. none. i will give you the last word. >> no. i think that's true, which is why i think on political terms the idea of convening a joint session of congress, which is a relatively rare thing for a president to do, i mean he makes a regular speech every year but for special occasions, you know, in the past it's been a pretty big deal when a president does that, to announce a program which is basically, looks for all the world like stimulus 2, except smaller or a little smaller anyway, i think is

politically kind of risky because i don't see how the speech and the program can measure up to the setting. >> bill: he is going to throw the republicans a few bones, that's for sure. but, you know, we will be on live tomorrow right after the president's speech. and we'll see. brit, as always. >> you bet. >> bill: next on the run down, ron paul doesn't like me. should i take it personally ladies and gentlemen? we sent jesse watters to find out. later, dick morris on a whole bunch of presidential polls. and turbulence coming right back. ♪

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>> bill: waters word segment tonight. ron paul continues his quest to be president even though most polls have him around 10%. on his web site mr. poll was complaining the media was ignoring him. we don't like to see that mr. paul deserves some recognition. we invited him on the factor. unfortunately he turned us down. so we sent jesse wawrtsz to see him in new hampshire. >> jesse watters with fox news. how are you. >> good, how are you? >> just a few questions for you. why wouldn't you come on "the o'reilly factor"? we were all pretty surprised. it's pretty good exposure. >> you know, i never remember getting a precise invitation other than -- the only thing i heard was he was sort of ranting on the tv and i probably had other things to do maybe better

things. who knows. >> you are saying that the media was ignoring you and it's a pretty big show. o'reilly is pretty disappointed because you guys had quite a spark the last time. >> he isn't exactly a journalist. if he had been more journalistic i might have considered it. he doesn't come across as being journalistic. >> i will be the journalist. bill sent me. i know i'm a little shorter than he is this is the nops. just have a few questions for you. >> okay. >> are you okay with the iran developing a nuclear weapon? >> all they are saying is aren't we entitled to one? as a matter of fact, there is no evidence that they have because so far the evidence whether with our cia or the united nations they do not have concrete evidence that they are on the verge of having a nuclear weapon. >> if you were president, you wouldn't do anything to stop iran from nuking up? >> well, my policies would do would probably give them less incentive. i would probably talk to them. probably remove the blockade and not threaten them. they want weapons -- see, you know, the libyans had a nuclear

weapon program and we talked them out of it so once they got rid of their nuclear program, what did we do? we went in there and took them out. so i would say if we could see a little bit how other people think, you know, see people like we might want to be treated, so, no, i am not -- i don't think it would be the end of the world. >> you are a big gold guy. you talk about gold a lot. bill thinks this is fascinating but a little confusing. what do you want to do with gold? >> well, i want to just obey the constitution. the constitution says only god and silver can be legal tender. bill has a little problem with economic understanding. you have understand that he doesn't pronounce the words quite correctly. he admits it he doesn't know much about it. >> enlighten us. what should we do with gold? is it all in fort knox? should we start digging it up. >> gold and silver legal tender.

why doesn't he care or anybody care about the constitution? right now nobody legalized paper money. where did that come from? they just ignore it they talk about the constitution when it pleases them. when it doesn't please them like going to war without a declaration. go bomb iran, they might get a nuclear weapon. is there a declaration of war? why is it that some people, you know, think we should obey the constitution some times and not other times. >> that wasn't so bad. you didn't want to explain that to o'reilly. >> he wouldn't have understood it. >> thank you so much. >> bill: all right. here now is jesse watters. now, i have read the constitution, it doesn't say anything about gold and silver. what is he talking about? >> he is misreading the constitution. this theory of his has been around for quite some time. it's just not taken very seriously in most circles. article 1 section 8 of the constitution says congress has the ability to coin money and regulate the currency and doesn't say anything about gold or silver. >> bill: gold or silver, right. >> what i think he is saying is that article 10 does not allow the states to print money. that's just because you don't

want to have massachusetts having one currency and new york having another. that's chaos. he is misinterpreting that. >> bill: okay. also there is a part of that in the states thing that says if they are going to have any coin nage at all that has to be simpatico with the united states, they have to use gold or silver. they can't use mutt ton to do that. >> right. >> i know that according to him i don't understand economics but i think i understand the constitution a little bit because in 1971 we went off the gold standard under president nixon into the federal reserve notes because we were a worldwide currency. remember, everybody, before that, you could redeem your money for gold and silver. governments simply couldn't do it, couldn't do it now. so what are we to think of ron paul? i mean, is he a loon? what are we to think of him when he comes up with this kind of stuff? i don't really know. >> he has a very large following. i expected him to be a little nicer to you. but he was very curmudgeony.

>> bill: he doesn't like me. >> no. bill wouldn't let me talk but you would, jesse. thank you. >> bill: you are a machine -- much nicer guy than i am. he wandered into lawrence of arabia. it's only an hour show. if we had a telethon we might be able to do it. i'm not being disrespectful to mr. paul. dr. paul by the way is he a medical damascus tore but i do think is he pretty far out there. wasn't snook j or jersey shore, did you a good job. appreciate it. dick morris on turbulence within the michele bachmann campaign. is it illegal aliens getting $4 billion more in tax refunds. you are not going to believe it upcoming.

>> bill: impact segment tonight, sadly the summer is over. now the presidential campaign swings into high gear. who better than to break it all down for us than the purveyor of dick morris.com, mr. morris. first of all the jesse watters interview with ron paul. do you feel dr. paul has a chance to win? >> no. >> bill: why does he do it? >> he has ideas. he wants them expressed. is he a curmudgeon. he likes the attention. it's something between self-seeking attention and, on the other hand, a true belief that he wants to put out there. >> bill: okay. so he wants to get his ideas in the marketplace to discuss them in the hopes that maybe some of them will gain some traction. >> when you take the gold standard, it's perfectly true that the fed has horribly abused its right to print currency. tripled the money supply in two years. on the other hand, if we return to the gold standard, we would not be able to have enough money to pay our economy unless they mined more in south africa. i mean. >> bill: if you had people

demanding money, gold, and silver. >> the gold supply would last for an hour. back in the days when there was not much international concern sinchts he knows that just the iran situation, i don't care. they have the nuke weapon. that throws everything off in the whole world. i mean,. >> it's nice if you don't mind a second holocaust in killing 6 million jews. >> bill: could happen. he will say that's hyperbole. >> it's not mine but mahmoud ahmadinejad's hyperbole. >> why would you want to just be -- well, i will talk to them. it's not a big deal. let's get on to the bachmann campaign. pretty interesting. ed rollins running the campaign resigns along with his top deputy. it looks like the congresswoman has peaked. >> well, i don't think there is a connected. rollings was cranky when he left and said i'm 68 and too old to

put up with this. >> bill: he didn't leave because of health reasons. >> i don't think -- it's not like newt where his whole staff quit and they all attacked him. >> bill: he was nice to the congresswoman. >> i don't think it's very serious. as to peaking. we have got to understand that these predebate polls before tonight, before tonight and all the debates that are taking place, these predebate polls don't mean anything. they are like standings. like preseason nfl. when you finally get all of the players there and you finally get them to face each other, then any of them can hit it out of the park. >> bill: i agree -- i am going to disagree with you there. most americans don't watch the debates. they pick up stuff from secondary sources, the internet, dick morris.com, whatever it may be, they are not locked in. it's really interested people that watch the debates. and right now the perception is that the two heavyweights are

perry and romney. >> right. >> bill: that perception is going to hold. it's going to hold unless one of the two does something crazy. >> bill, if bachmann has a great debated like she did two debates ago. >> bill: newt gingrich had a great debate the last time. >> about personal stuff. balkman doesn't. there she just does well, she could move quickly. >> bill: here is what is blocking her. she is perceived and i think rightly so, as a very conservative woman. ala sarah palin. very conservative. the voters are telling everybody in every poll, ideology is not going to be that important this time around. we want obama out of there and we want an economic guy in there the bona fis for economics are on the side of romney and perry. >> on the other hand, all the insiders, politico just did a poll, showing that romney. >> bill: we just read it? >> showing that romney is more likely than perry to beat obama.

yet he is leading romney two to one in the polls. >> bill: that's because the independents aren't taken into consideration in those polls. you know that. >> often they are not. it is completely true, let me underscore that when i are doing national poll, take republicans and independents. one or the other. take them both or just take republicans. do you not say in new hampshire they can vote. i'm going to take them. in money society they can't vote i'm going to exclude them. cost you too much money to do that therefore these polls understate independence. >> bill: but i think it is absolutely true that in the republican primary process the conservative candidates have an advantage there. >> which is why you cannot say this is a two-way field. you cannot count bachmann out of this yet. >> bill: i can i think she is -- i like congressman bachmann. >> two weeks have from now, she could be back on the cover of "time" magazine. >> bill: dinner now? i have been eating free off you

now for four years. i like congressman bachmann. she has waged a very spirited campaign. not going to defeat romney or perry. one of the two. she is not going to do it. >> i think eventually that may be the case. >> you are not willing to wager an expensive dinner. >> i like the fact she is in the race. i think she has to basically be there. i don't. >> there is a large constituency of tea party operatives who. who really do not like mitt romney and do not know enough about perry and i'm not sure that they are going to find perry replacement for bachmann. one other advantage balk map has, she is in congress. >> bill: tomorrow night president obama will be on giving a speech. we'll be on after the speech live. morris on dick morris.com will be tweeting or twitter or what do you do? >> entering comments. >> bill: so you can listen and enter at the same time. >> and chew gum. [ laughter ] i'm going to say on the site

when bachmann gives a great answer, take that bill o'reilly. >> bill: okay. are you rooting for bachmann tomorrow night? >> no. but i'm rooting against you. >> bill: you won't et the dinner. this guy has bought me more dinners. plenty more ahead as the factor moves along this evening. president obama has to condemn the comments made by jimmy hoffa. we will show you what happened there. is it legal on the irs sending billions to illegal aliens in tax rebates? and do american teachers even have to speak english anymore in the classroom? we hope you stay tuned to those reports.

>> bill: personal story segment tonight, even though the network news was generally favorable to barack obama in 2008, this time around things are shaping up a bit differently. after teamster boss jimmy hoffa made his very controversial remarks in detroit about taking out the tea party, president obama was put in a difficult position because he spoke shortly after hoffa and actually

praised the man. enter abc news white house correspondent jake tapper with quite a back and forth with white house spokesman jay cancery. >> in january president obama said after the shooting of gabriel giffords at a time when our discourse has become so sharply polarized far too eager to roll the blame for those who think differently to do. pause for a moment to make sure that we talk to each other in a way that heals not in a way that wounds. did he mean that? >> of course he did. >> how does the comments -- how do the comments by the teamster's president fit in with that. >> first of all, those weren't comments by the president. the president wasn't there. i mean he wasn't on stage. he didn't speak for another 20 minutes. he didn't hear it i really don't have any comment beyond that. >> some of us covering the campaign and recall a time when somebody made some harsh comments about then senator obama while during the mccain rally and the obama campaign was

offended and expected an apology and senator mccain came out and did so. >> mr. hoffa speaks for himself. he speaks for the labor movement, afl-cio. the president speaks for himself. i speak for the president. >> the press precedent that you are sitting for the 2012 election the candidates are the ones we need to pay attention to. those who introduce them at rallies and surrogates. you don't have to pay attention to anything they say. >> i think i have said what i can say. >> is that the standard now? >> you can report it as you would like. >> i would rather not have to do this washington kabuki every time something happens. if that's the standard, then -- >> -- the standard is we should focus on the actions we can take to grow the economy and create jobs instead of focusing on kabuki theater. did the president find the comments appropriate? >> can we move on? >> bill: that was excellent questioning by mr. tapper.

if president obama wants civility he must hold allies to account especially when he is there and he obviously did not. so there you go. as for mr. hoffa himself? i mean, what do you expect? most labor leaders are furious that the tea party has brought public scrutiny on the lucrative benefits some union workers receive especially in the public sector funded by the taxpayers. mr. hoffa is never, never going to be moderate on the issue. he will always attack. >> you watch other networks. they are not talking about what they are talking about. the people they have there, the glenn becks, the o'reillys, you know, and those people, they are so anti-obama, anti-the democratic party, anti-workers, anti-people. >> bill: well, mr. hoffa is simply not telling the truth. obviously we are not anti-obama here. and as the president told the nation on super bowl sunday we have treated him fairly. but jimmy hoffa has no interest in fairness. is he a demagogue. he is playing to his crowd. you know what? he is losing.

when we come right back, is it legal on illegal aliens getting big tax refunds. you are not going to believe it. moments away. ♪ ♪ ♪ [ male announcer ] the most headroom per dollar of any car in america. the all-new nissan versa sedan from $10,990. innovatiosized. innovation for all. with aerizon mobile hotspot, you can connect up to 5 wifi devices to the internet with lightning-fast verizon 4g lte speed. a gaming device. mp3 pler. connect any 5 for wifi on the go. get the 4g lte mobile hotst now for only $49.99.

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>> bill: thanks for staying with us. i'm bill o'reilly in the is it legal segment tonight. three provocative situations beginning with the irs sending more than $4 billion in refunds to illegal aliens. is that legal? here now and fox news analyst kimberly guilfoyle and lis wiehl. wiehl? >> yes. >> bill: $4 billion. >> a year, yes. >> bill: how does this work? you get a phony social security card? >> no. they don't have social security. illegal immigrants here working don't have social security cards. so they apply for independent tax identification cards through the irs. the irs sends them that identification card. >> bill: do they have to say i'm an illegal alien please send me

this card. >> they do not and the irs doesn't check. >> bill: anybody can apply for this. >> it's not a social. they write that number down instead of a social. they send that in their 1040 in. what la, if they have children they check off the box for the child care credit up to as many kids as you have got. if they have got lots of kids and not a lot of income. you are not going to have to pay income tax but you are going to get a refund of $1,000 per childer -- child ergo. >> the government doesn't even know are illegal because to get this worker i.d. number they don't even have to prove citizenship, correct? >> no. that's the problem. this is a big loophole that should have been addressed a while ago. >> bill: let me ask you. this this is a personal question. as americans, not lawyers, pinheads. >> pinheads, patriots? >> bill: does it seem to you that the whole government is out of control these days? that they don't have any regulations that they are just throwing money wherever it may be for the sense of convenience? i mean, you can get a worker --

you can sneak in here, get a worker number, don't have to prove anything and then the government sends you a check at the end of the year. >> better than the lottery. seriously you? are guaranteed the money. nobody is checking it out. the irs is asking us don't ask us to be citizen checker. >> cannot send anything to ice or have any kind of communication like that. >> bill: through privacy law. >> through privacy laws. >> even if the irs knows that some guy snuck in from ecuador they can't tell. >> it's not their job. >> the irs it's not our job a and b we are trying to get money in any way we can the problem is that. >> bill: 4 billion is going out to people who aren't here legally. >> we need the money, show us the money. we are not going to question you. >> bill: one state that has a very intensive illegal alien problem is arizona they passed laws that are going to be adjudicated by the supreme court to try to get that situation under control. there is another situation, guilfoyle, in the classroom. okay. now, there are supposed to be standards for teachers.

i understand in arizona now teachers don't have to speak good english; is that correct? >> that is correct in a certain regard. basically what the law was, that they were able to single out a teacher go, to a classroom and conduct an audit. this is the state. and determine whether or not the teacher was using appropriate grammar, english, spoke with an accent. >> bill: i used to teacher. once in a while in my classroom some pinhead would sit in the back and take notes mr. o'reilly. that's what you are talking about. that's what they do? >> yes. >> >> bill: so the teacher in the public school system now doesn't speak english very well or grammatically incorrect. >> they could be pulled from the classroom. then there was a claim that this was discrimination, again, against nonnative english speakers and also against hispanics. so now they are saying each individual school district can go in and do an evaluation but you can't just pull them out if they say he -- >> bill: who made the beef? >> a number of organizations said. this but this is the state education officials coming in and saying they are no longer going to do this policing job.

>> bill: who did this. >> teachers did. individual teachers. >> individual teachers. >> bill: said you are violating my rights by coming in and saying ask me if i can speak proper english. >> discrimination. >> there is a good claim for discrimination. >> bill: wait, wait, wait. it's about speaking in the classroom and grammatically correct sentences. >> it was the way this was set up. the state of arizona came in and told the schools. >> to do it. >> we are going to make a subjective determination whether or not we think your teachers who you certified are good enough to speak immersion. >> bill: isn't that the -- responsibility. >> this is when the department of justice came. in the department of justice and department of education said no, you can't take it out of the schools' hands as long as the teachers are doing a good job. >> bill: the teacher can be a good teacher around not speak proper english. >> yes. but he they are also saying doet directly impact education if your teacher speaks with an accent. >> bill: i agree with that i had a teacher who spoke spanish he was a good teacher.

>> southern accent or new york accent. >> bill: teacher in there using double negatives. >> it shouldn't be -- >> bill: what if the school has no standards? >> the state is saying, look, we are not saying that we did anything wrong, but they are going to agree to do this now because they feel it is a more fair application of the process to go in and say, let the school district make the determination, as long as someone is able to speak english, the fact that they have an accent isn't going to affect the education. >> bill: fly me down to phoenix and i goal to all the public schools. in 15 minutes whether the teacher can speak english or not. okay. john edwards' update, wiehl, he wants to throw out the criminal charges against him. >> all the charges. >> bill: wants them all thrown out, why? >> look, the biggest beef here was the campaign finance. he is apparently took almost a million dollars to pay off his mistress and the baby that was -- >> bill: that sounds like a crime to me. >> well, but the problem is and this is where they may have a good case.

they can say this bunny there can say it was just a gift. >> bill: a gift? of a million dollars? from campaign finance money that's fraud and inducement. >> wait, wait, wait. people gave that money. they gave that money under false pretenses that i was helping john edwards get elected. not hiding his mistress. >> right. >> the problem is in the law have you got to be able to show that the intent was for keeping that campaign going versus being just a friend. >> bill: let the prosecution have their day and prove it. >> this is not going to get thrown out. >> bill: not going to get thrown out? >> absolutely not. this claim it's constitutionally vegas bogus. absolutely plenty of facts are there. >> do you agree. >> i think it will go to trial and a jury that hates john edwards. >> bill: you don't know that. >> oh, come on. >> he is not a popular kind of guy. >> bill: i know he is not a popular kind of guy. at least not condemning a man. >> when he gets in front of a jury, the jury will stretch it any way they can to find

something. >> bill: one name for you? o.j. simpson. >> oh my goodness. don't say that. >> bill: ladies, did you see that on deck. pool party embarrassing colorado state university. wait until you see this. coming right back. at exxon and mobil, we engineer smart gasoline that works at the molecular level to help your engine run more smoothly by helping remove deposits and cleaning up intake valves. so when you fill up at an exxon or mobil station, you can rest assured we help your engine run more smoothly while leaving behind cleaner emissions. it's how we make gasoline work harder for you. exxon and mobil.

>> back of the book segment. did you see that. colorado state university embarrassed by a pool party near campus. first, herman cain still in a race for the republican nomination has issued this ad. >> those are some pretty flowers you have got there, mister. >> um-huh. pretty yellow flowers. ♪ >> well, i'm glad you like them. >> you know, i'll bet that you are as yellow as those flowers right there.

>> why has it always got to be about color? what are you guys, liberal? >> looking cool and saying lines that somebody else wrote for me doesn't make me a real tough guy anymore than looking cool and reading lines off a teleprompter that somebody else wrote and make the community organizer a real leader but her herman caina real leader. >> bill: all right. so herman cain. i thought there was going to be a shootout there for a moment. >> i didn't know cowboys new the world liberalism back then. >> bill: that ad went on for four minutes. we could barely get it on the air as it is. but it was confusing but, at the same time, people would watch it, correct? >> what are you confused about? >> bill: what was the point that herman cain is a good leader because he doesn't need a teleprompter. >> yeah. >> bill: or that a guy holding yellow flowers is yellow? >> exactly what the first thing that you said that herman cain can be a good leader. you don't have to have somebody who plays a role as your leader.

somebody who is actually genuine. this is what this -- that's the actor there is saying. >> bill: do you really think that's going to convince anybody to vote for herman cain. >> no. sit was entertaining and we are playing it on "the o'reilly factor." >> bill: that's true. if that is mr. cain's goal to get exposure for himself. on the internet then he wins. if it's his goal put himself as a leader then i don't think he wins. let's go tour second one. colorado state university i was actually there this summer up in fort collins because i was at rockie mountain national park, nice town. >> maybe you ran into some of these people. >> i probably didn't although i ate at a restaurant there. anyway. college kids have been doing this kind of stuff forever though. but this has gotten some attention. roll the tape. [cheers] ♪

>> bill: i don't think there is enough chlorine in the world to cover all of that. but, you know, so what? >> i have thrown some epic parties in my life that is completely outdid it. this is actually at an apartment complex and the reason that everybody went there is because it was sent out on facebook. there is this big party at this apartment complex. >> bill: you can do that now. send out these mass things. >> it's called social media. >> bill: there is another name for it swarming. >> flash mob. >> that's what this is. it did turn violent. there was a fight. one of the csu football players was there. he pushed as a joke pushed a security guard as you do when you are at these big wild pool parties is push the security guard into the pool. that caused some sort of fight. people at the hospital. >> bill: how many arrests. >> four. >> bill: i don't care this is a big deal. this is what college kids do. i'm sorry. >> this thing went on for two

hours before the cops got there this was just a random party at apartment complex. >> bill: cops trying to say random party. i'm not going to show up. anyway, i don't think it's a big deal. huddy said something very interesting to me as she came on the set just a few minutes ago. you said i should have let ron paul have it? >> slapped him down. we love seeing that. >> bill: verbally. >> or the other way, too. >> bill: i'm not going to slap anybody. >> yellow belly won't be here. we like a verbal slap down every once in a while. >> bill: if the doctor thinks i'm not a journalist, i will burn my degree from boston university if he wants and put on ebay and can you buy them. >> very journalist i can. >> why do you think i have to whack him for that. >> he is entitled to his opinion. you know that part of this is entertainment. there is an entertainment. >> you are now in the big chair here. what would you have said. >> nobody would ever sit in that chair, bill. it's all yours. >> put you back in the little chair.

what would you say to paul? what would you have said if he did that to you? >> why do you want to hurt my feelings like that? healing thing. >> why are you haten? that's what i would say. that's not what you would say. >> bill: doesn't like me. i don't know if that's going to work. >> he kind of said that you were stupid. don't you think? yeah. >> bill: not basically. that's what he said. >> yeah, he did. he said i wouldn't understand economics. i wasn't a journalist and jesse watters was smartedder than i. what an insult. >> if i were jesse, i would have slapped him. >> bill: jesse was loving that because he told jesse he was smarter than me. >> i love jesse. he was a little wimpy there. >> bill: i'm sending you out to paul. >> that's not a good idea. >> bill: why not. >> i would get scared. i would end up wimping out. >> bill: i don't think so. you would give him what for. >> a challenge. >> bill: do you want to see juliet huddy out there? >> come on. >> bill: we will try work that out. juliet huddy, everybody. there she is. thinks i'm a wimp. pinheads and patriots tonight.

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>> bill: pinheads and patriots starring to rock divas in a moment. no mail tonight. we'll resume the letters tomorrow we will be live after the president's speech hope you join out. book out in paperback with new material like my super bowl sunday interview with president obama lively book it

will not bore you. and you will learn something, i hope. if you sign up for billoreilly.com, premium membership will send you a free pen. this promotion will end soon because we are taking a beating financially. >> in addition, posted on billoreilly.com the no spin news for pedro martinez's updated information about the bolder -- for pm's updated information about the tour. >> madonna on tour when a fan approached. >> i love you, good luck. >> thank you. >> bill: she caught to look up the word graceful in the dictionary. she is a pinhead. on the patriot front stevie nicks has a new album call secret love. one of the songs is dedicated to wounded american service people. ♪

i am a soldier's angel. eyes of a soldier ♪ eyes of a soldier ♪ i am a soldier's mother ♪ ♪ through the eyes of an angel, i am a soldier myself ♪ >> bill: miss nicks donating proceeds from that song to the walter reed medical hospital. of course she is a patriot that is it for us tonight. check out the factor website different from billoreilly.com. we would like you to spout off about the factor from anywhere in the world. oreilly@foxnews.com. name and town if you wish to opine. word of the day, do not be a mooncalf. for you ron paul supporters don't e-mail me telling me i'm a pinhead. i know you think that. i understand. we've been fair to