every shade of discomfort represented. everyone saying maybe if i don't move, t-rex won't see me. and then john mccain had the look of a main had no idea the play he was watching would feature so much full frontal male nudity. >> oh, dear. don't forget, our debate next thursday night. you can ask a question. just go to youtube.com/fox news. follow the instructions. thanks for inviting us into your home tonight. that is it. for this report, fair, smith. thanks for having us into your home. o'reilly is next. the o'reilly factor is on. do you still believe social security should be ended an a government program? what perry has done a provided in state tuition for immigrants. >> it's flat out wrong. >> they gaining up on rick perry, trying to cut into his

popularity. did they succeed? we will analyze. >> we can see the positive impacts right here. >> not so fast, mr. president. the solyndra solar panel company, now bankrupt, even after receiving more than $500 million of taxpayer money. the fbi is investigating, and so is john. >> i have done that before and i will use that experience to get america working again. >> and mitt romney enters the no spin zone tonight. after that interview, charles with evaluate how mr. romney is doing. caution, you are about to enter the no spin zone. "the factor" begins right now. >> hi, i'm bill o'reilly. thanks for watching us tonight. ganging up on rick perry. that is the subject of this evening's talking point memo. with the texas governor leading

in the policy, his republican competitors really let him have it last night at the debate. >> do you still believe social security should be ended as a social program as you did six months when your book came out or do you want to retreat? >> i think we ought to have a conversation. >> we are having that right now, governor. we are running for president. >> what governor perry has done is he provided in state tuition for illegal immigrants. maybe that was an attempt to attract illegal votes -- or latino votes. >> you required 11 and 1-year-old girls to get a vaccine to deal with a sexually transmitted disease that could lead to cervical cancer. was that a mistake? >> it was, indeed. if i had to do over again, i would have done it differently. >> to have little innocent twelve-year-old girls to be forced to have a government injection through an executive order is just flat out wrong. that should never be done. >> now we won't know until later

this week it governor perry's phone numbers will be affected by the onslaught. let's take a look at the numbers against him. on social security he is correct. the federal government has taken money spent for that program and spend them on other things. the problem for perry is the program is still salvageable, about adjustments will have to be paid. it's not exactly a ponzi scheme, but close. and on the hpv virus, mr. perry admits he made a mistake. his executive order oversteps his authority. he should have encouraged the vaccinations but not ordered them. on illegal immigration, he does have problems. there are millions of hispanic voters in texas, he doesn't want to alienate them. thus he opposed a border fence. they must stop the illegal flow of illegal immigrants into this country and the fence is effective. he also offered in state tuition for illegal immigrant students

that cost the state about $40 million a year. that's unfair and drains resources from the texas education system which ranked 33rd in the nation. governor perry has done many good things at governor. the state is strong and people are moving there because the tax rates e low. he rejects many regulations that handcuff freedom. in the end you, the folk, will decide if he's the strongest candidate against president obama. he took fire last night. and here now are is the analyst. >> do you feel story for him? >> why should i feel story for him? >> barack obama was up there, you would have felt sorry for him if they were beating him up. >> women, i like him. >> you are some swell guy. >> perry is rising in the policy. i think romney won the debate because perry had some issues. he has to reconcile social security with what he said in

his book and what he's saying now. the issue of the man date which he admitted he was wrong he went about it, but the real issue there is pay for play. the people who benefited because of that man date, who happened to be former staff members and people he knows who are lobbyists, and the pay for play issue will hurt him. >> what colmes is talking about, merck makes the vaccine and people who work for him work for merck. >> nobody holds a gun to their head and force them to do it. if you -- >> it was 8 against 1. >> i don't care if you are barack obama, hillary clinton, mit romney, you don't get in the name unless you have thick skin or you develop it really fast. if you can't stand the heat of a campaign you have no bisque president. come on! because you know what? rick pair is the shiny new toy so everyone wants to dig him up a little bit. it is great for him and great for the republican appeal. >> why is it great? he look dazed out there.

>> it's great for rick perry because it's forcing him to think. it's forcing him to work through his positions and it's forcing him to be a better candidate. i'll tell you the proof that we see in this is mit romney. mit romney has been at this game for four years, okay? when he first started in this, he was stiff and you could make that argument still but he has become a much better candidate since the texas governor got in. >> crowley think it's good for perry to take the pounding last night, and colmes is happy because he doesn't like him. >> i don't dislike him personally. >> you said you didn't like him and you were happy he got pounded. we have mit romney coming up later. anything you want me to ask him? >> he continues on this track that what he did in romneycare is different than obama care. and you can ask him about that. but it was based on romneycare. it's hard for him to get away from that. >> that's not true. >> to 134 extent it is. that what barack obama wants people to think because he

doesn't want to run against romney. >> do you agree with that? >> i don't think he wants to run against romney. i think he would much rather run against rick perry. >> all right. >> so you are admitting i am right? am i talking too fast? >> anything you want to ask mit romney. >> what is interesting watching the debates with the entry of rick perry and the especially last night with the debate, perry is taking some heat off governor romney. now rick perry has to answer for some of the big government programs. >> is that a question or what do i do here? is there a question in there? i only have seven minutes, monica. >> all right. you know what i want to hear, because in none ever these debates so far have there been some serious foreign policy questions. no questions really about al-qaeda. i want to hear questions about pakistan. are they an ally or go? is the muslim brotherhood an enemy of the united states? >> i don't know if i can get into that. the economy is so intense, i

don't know if i can get into pakistan tonight. >> how many people did he fire when he cleaned up businesses? >> i don't know how many he fired but that's a microcomb. >> and he created jobs. >> now, i wrote a radio commentary today. i do it twice a day. and i said it is now becoming almost tedious to watch the debates because there are so many people on the floor. my solution is, the first debate you can't go unless you poll 10%, second would be 12, third debate 15 so that you have to have a progression so you can narrow it down. am i wrong there? but it's hard to lock in on nine candidates which is why i'm saying i don't think it was fair 8 against 1 against perry last night. >> and it's like he me being on the show here. look, you are not wrong -- >> all right, go ahead. >> people like geri johnson should have been in the debate. >> who? >> the former governor of new mexico. if you are to have rick santorum

-- >> it's based on polling. >> based on polling, he should be in the debate. >> he's not rudy kazuuy. remember him? >> yeah. obviously in a democracy anybody can. >> but monica -- >> but listen, bill. >> it becomes unwielddy. >> the democratic process, you had like, what ten democrats up there, hillary and obama and dennis kucinich. >> but they weeded them out after a while. >> they run out of money so they weed themselves out or they give up because of poll numbers. the process helps them become better candidates so when they get to the general election they have already been beaten up. >> i'm in business for look out for the folks. >> they are doing their own deembassy. let them be better prepared. >> i want to tell the audience the cnn debate last night was very low raided and got its butt kicked which the patriots versus the dolphins and one reason is there are too many people. now folks are tuning out. >> people aren't paying attention a year and a half

before the election. >> good people like are, like us. there they are. and more than 500 million taxpayer dollars poured into a solar panel company that president obama praised, now the company is bankrupt. company is bankrupt. and we are ♪ this season, you need a truck like the silverado to take on that list of yours. it'the chevy season of doing. and there isn't a better time for a truck, with check mark after check mark of pure doing power. ♪ get to your chevy dealer today. get the truck and get that list done. ♪

as you know the solyndra solar panel company is bankruptcy, despite the fact more than $500 million in taxpayer dollars noted into the company. president obama was onboard with that. >> and we can see the positive impacts right here at solyndra. less than a year ago we were standing on what was an empty lot. but through the recovery act, this company received a receivea loan to expand their operations. >> and they expanded into bankruptcy. here is john stossel. now the fbi is investigating. do you know what that is about? >> i don't. they won't say. they have gone to three of the executives' homes and taken computer information. i assume they are looking for bribery. >> they actually raid the the suit tis's homes, warrants, took their computer software out and raided the headquarters in fremont, california, outside of san francisco. so while the obama

administration touted this, the obama administration justice department, we have to be fair, is now launching an investigation what the heck happened here. >> but i think it misses the point. the point isn't what may be illegal, the point is what is legal. the the conceit, to say we know how to invest your money we can pick this solar technology. >> that's interesting. but isn't it the responsibility of the government to investor to help businesses invest in technology -- >> no. >> -- in technology that will help the nation. energy department will find it. >> you are saying so government loan should go to any of these companies, and also the bush administration started this thing -- >> they did. >> but obama is the one who is pushing this deal. >> he talked twice about this company. you give them half a billion dollars, they ought to be able to build a factory.

>> they ought to be able to stay in business. they went out of business a year after he went over there. >> that's why it should be private investors who lose their money. here are people who gave no one obama. >> there are a lot of democratic people in there and crony capitalism all day long. >> it's crapitalism. >> okay. you say the private market should. >> it will if it's a good idea. >> i don't know about that because you are taking a big chance with wind and solar energy, a very big chance. so if the government doesn't give incentives to do that, all right, operate -- they are probably not going to do it. and i'm talking about medicine, i'm talking about research on vaccinations, i'm talking about the atomic bomb. the atomic bomb was involved by the u.s. government that took a chance on this fusion to get it, and then it ended world war ii. so i'm not exactly sure your black and white comments, as

pleasing as they are to some people, are to the good of the country. >> well, the the military is the role of the government. the atomic bomb, that's something the private sector would never do and we don't want them too. but the government has a horrible record of making these investments. fanny and frannie, that was terrible. >> i think this is more -- >> i agree with you in the sense you have to watch every nickel that goes out of washington, and they obviously don't. why do you invest $500 million in a company by giving them a ln and one year later they are out of business. you don't go out of that fast with those loan guarantees. >> but no one can know enough. >> they have a responsibility to send people out to see if it is working. >> but they are burr -- bureau

democrats. a of they aren't good at it. >> we open the fbi will get bottom to this. i think there is corruption in it. it doesn't make any sense a company would go out of business that fast with that kind of cash going in. directly ahead, is it legal for trying to undermine the drone strikes against al-qaeda terrorists. and jackie kennedy bad mouthing

>> three hot topics, beginning with the muslim in oklahoma who sued the state to stop it from passing a law on international law. so, will, this is the director

of care, he's a muslim activist in oklahoma. oklahoma passed a law that says we, the oklahoma legislature, in this state, and the judges, cannot take into account any foreign international or shurea law in our making, correct? >> correct. >> that sounds very logical to me. i like that law. >> the problem is if they stopped by just saying international law, they were only going to look at state and or u.s. federal law, fine. but they said right here, specifically the shureal law. >> they singled out the muslim law and that is why? >> you are singling out one religion. >> the judge said it's a violation of religion? >> first amendment right to what. >> to religion. >> what religion. >> any religion. >> how is it preventing a muslim from worshiping.

>> this particular muslim interacted in a will and that will has some shureal law in it and sometimes people marry under the islam law. you can say all of those are out, any will under the islam law. >> do you concur with this that he had a will and he did something in it and they said the will is no good. >> the last time i checked it in the u.s. we had our constitution and nowhere does it say any law should have preference in the court. where they run a la is perhaps the law is singling them out. discriminatory on its face by saying shureal but i do not believe it should be been struck down. >> now it's being heard by a court in denver and you are predicting what will happen? >> i think they will say it's discriminatory but i don't think they should have. >> society muslim guy will win.

>> and approximately be appealed then. >> it's not the first time it's gone through the legislature and the legislature has struck it down. not the courts. >> but it should just say international law? >> end with that. that would be fined. >> then i think they could withstand constitutional review. >> we know the obama administration uses drones to kill terrorists and they don't like that. i guess they want them to live to kill innocent people. i'm not sure what the aclu wants but they have sued to get information about the drone program and lost. >> this is correct. this is a great moment for jurisprudence. in friday, u.s. district court rose mary collier dismissed the lawsuit and said, some of the allegations were lee on pennetta confirmed the use after drone program, therefore it should be granted. the judge said, no, he did not specifically do that. he made certain statements. >> the judge said the aclu has no right to know what the drone

program, if one exists, because the cia plays game with that, know right to know specifically what it does and what it doesn't do. >> with respect to its intelligence. it's a matter of national security. >> do you agree with that decision? >> absolutely. there are nine exemptions, and one is national security or foreign policy and this absolutely is. >> no doubt about it. do you want to speculate on any aclu motives since you are very close to those people? >> sometimes i agree with them, sometimes i doan. >> do you want to speculate on their motives to undermine the drone program. >> i think they wanted to get exactly an admission? why, wiel? why? >> don't interrupt. >> they want to make us look bad, we being the united states, look bad. >> the aclu so according to lis wiel, the aclu wants to make their country look bad. that's what you believe. do you believe that. >> yes.

>> so you both believe the american civil liberties union is solely doing this to make the united states look bad in the eyes of the world? >> they have done before and they are doing it again. >> i agree with that. >> but this is much more important. now walgreens has fired a pharmacist who defend himself during an armed robbery. here's the man, okay? he has a license to carry a gun. >> right. >> what state is this? >> michigan. >> benson harbor. >> robber goes in. it's on videotape. >> right. >> okay. tries to shoot at this man, the pharmacist, okay? the pharmacist then shoots at the robber. doesn't hit him though, right? >> nobody is hurt. >> to nobody is hurt. and walgreens fires the pharmacist. >> for carrying the gun. >> what is this? >> for carrying the gun. they said you didn't tell us about this concealed gun. by the way, he got the gun in 2007, after an attempted armed robbery at the same walgreens. >> so walgreens is saying you didn't tell us you had a permit

to carry. >> you are out that way. >> but there's also a walgreen policy, i understand, that you don't escalate, right? >> he's saying he was fired and that's why there's a federal lawsuit that he got the attorneys to file for him because he violated, supposedly, the nonescalation policy. but the video clearly shows he did not escalate. >> you are trying to shoot him but the robber's gun misfires. >> he has to standstill and be a human target. >> we all agree walgreens is wrong, they shouldn't have fired him. >> wrong, yes. >> so now we are going to make an appeal. wiel? >> please, hire him pack and give him his back payor he's look at a business settlement. >> he's a great american and was defending himself. the manager was taken hostage. >> you are talking directly to the walgreens executives. >> yes, retire jerry. >> i want you both to call the ceo of walgreens, who we will name next week, and ask him personally to hire jeremy back

and come back and see if we can get his job back. will call him. >> and maybe we will get jeremy a bigger gun. >> a desert eagle. >> this is a serious situation. >> it is. he shouldn't have lost his job over that. >> we aren't playing around here. we want you to hire jeremy back and we aren't going to drop the story. >> moving along, jackie kennedy saying bad things about martin luther king, as well as lyndon johnson. it's all on tape. we will have the report. and after the interview, charles will evaluate an interview with

>> new book about jackie kennedy's opinions will be released tomorrow. based on a tape she made with a historian. for those not familiar with mrs. kennedy, she was once one of the biggest stars in the world. >> this one is interesting because it has the most architectural unity of any room in the white house. it's really all 1902 when

theodore roosevelt did the great restoration with stanford white. the architecture, the consoles with the eagles, the furniture and the chandeliers. >> that's from a cbs special widely watched way back in the '60s. the book on jackie kennedy is controversial because she says some bad things about martin luther king and lyndon johnson. let's take the martin luther king junior deal first. it's reported hoover didn't like dr. king. that's a matter of historical fact, and was taping him, wire taping him because he fell the doctor was a communist, an agitator and on and on. this is j edgar hoover. what he got off the tapes, some was embarrassing to dr. king s that a historical fact? >> that is a historical fact.

bobby kennedy, who was the attorney general at the time, and john kennedy, were anti-communists. >> on the tapes was some personal stuff that dr. king was talking about as far as miss stresses were concerned, right? >> well, we don't know because we haven't actually heard -- we are hearing what mrs. kennedy said she was told, and we aren't even sure which brother told her. the tapes themselves, the fbi take place, won't be revealed for another ten or fifteen years. >> it was something to do with. >> perhaps arranging a party at a hotel or something. >> perhaps with women. because we know that because of the jackie kennedy take place. something to to with women. >> and we know that's part of the dr. martin luther king legacy know. >> i'm interested in what they know historically, not what goes i have mongers say. he was a great manwe don't want

to him. >> hoover wanted to curry favor, even though he didn't like the kennedy favor, wanted to curry favor. they get it and they relate it to jackie kennedy. both bobby kennedy tells jackie kennedy some stuff and john kennedy tells his wife some stuff. therefore, jackie kennedy forms a negative opinion about dr. king. >> that's where we are today. i think the first thing to remember, bill, is we see these people 40 years later, and, of course, dr. king is now memorialized and a new monument built in his honor. but in his day he was not a popular man. >> we know that. >> but i don't think people today understand that. >> oh, they do. they understand what was going on back then and the charges leveled against dr. king. but in totality, believe me, ladies and gentlemen, dr. king was a great man. now, jackie kennedy didn't like

him back then. if jackie kennedy 30 years probably probably changed her opinion because the tapes were made very soon after the assassination. let's turn our attention to lbj. what was the source of the dislike between jfk and lbj? what was that tension. >> these were men from two different worlds. you have kennedy, the northern massachusetts democrat, and lin done -- lyndon johnson, the son of a poor farmer from texas democrat. the most powerful man in the cincinnati, without any question. he -- in the senate, without any question. he wanted to be president and kennedy gets the nomination partly because he offers johnson the nomination. >> they didn't like each other, why? >> they didn't like each other because they were both powerful, ambitious. >> so it was a rivalry? >> it was a rivalry in the sense that all politicians are rivals. i mean we see that today.

>> but some vice presidents, i think biden is not a rival to obama. i think biden is it his job and they get along. this one, they didn't like each other. there's no doubt about it. >> there have been many cases of that throughout history, vice presidents who didn't get along with their president. >> but the source was a rival arery of power. lbj thinks he wasn't used enough? >> he was definitely not used. >> and kennedy had no use for him why? because he thought he was a crook. >> oh, no, no, he had his circle of advisers and lyndon johnson was outside that circle. >> so he didn't trust johnson? >> to say no trust isn't quite accurate, just not his trust. >> yeah, but i think he didn't trust johnson. i think he thought johnson would undermine him if he was let into the inner circle. that's based on my research. >> bobby clearly didn't like lyndon johnson. >> rfk was jfk's closest

advisor. >> the book comes out tomorrow. when we come back, mit romney will enter the no spin zone. can he defeat president obama if he gets the nomination? a new poll says yes. i will evaluate any discussion with romney, and that will be interesting.

>> bill o'reilly. in the follow-up section tonight. in hatchup between mit romney and barack obama, the governor wins, but obviously many polled are undecided. here's mit romney, fresh off the debate last night in florida. first of all, you guys all ganged up on rick perry. was that nice, governor? >> you know it's a funny thing about debates. everybody is fair game, myself included, as you noticed. >> so you, when you guys all ganged up on him, did you know

that was going to happen? did you know they were all going to gun for perry last night? >> you know, you never know what's going to happen in those debates. you don't know what the questions are going to be. you have an idea what the topics will be. you don't know how they will get developed. but i know they will be topics where they all come after me, and they did. generally folks tend to focus their attention on those that are doing the best in the policy. but policy at this stage don't tell you a lot what it is going to be like at the end. rick is new on the stage and gets a chance to explain his views. if he is it that well, he will continue to have strong support. if he doesn't, he will lose it. >> because he really got a beating last night from all you guys. it was interesting to watch it. now there are reports that there's bad blood, and i don't mean feuding or anything like that, but announce, that's the best word, between you and the governor going back to the olympics. and he wanted the boy scouts to be the official greeters and you said no because they aren't 18, they can't be and you got into a

snit. is that report true? >> no, actually because i didn't even know about that actual disagreement. >> not true? >> no. my memory may be a little foggy but i don't think i ever heard from governor perry on this topic. i heard about it when he got into the race because someone wrote about it but i never heard about him. i remember the controversy, why can't we have boy scouts as volunteers at the games, but they are 11 and you have to be at least 18. >> but then there was another report that you hired, when you were in the head of the governors association, a consultant that was working against perry in texas, and he didn't like that. any truth to that? >> you know, he may not have liked that. there may be a reality that there were places where we hired folks that were cross-purpose. that probably happens in the world of politics. but we are big guys, both rick perry and me.

we understand that now and then we will step on each other's toes. look at it, we are all going after one another. when it is all over we will come together and support whoever the nominee is. are there points of friction between us? of course. that's the nature you are of a political battle. but we all agree one ever us has to replace barack obama and he would be a disaster to be another president for another four years. >> do you think he would be the worse president in american history. >> i'm not enough of a historian to tell you that. i think he's been a very poor president. i think ice international will have more lasting international implications for american and those stand out brilliantly. internationally the outrage that's felt across the country for his failure is well-known. >> to i don't understand what failure you are talking about. he got osama bin laden, he's dead. he has the drone program, downgradeddal arizona

al-qaeda's ability to do anything. he's kept the bush programs in place. and rendition, guantanamo. what disasters overseas are you referring to. >> probably the greatest threat to the security of the world is a nuclear iran. and iran -- and the president had an opportunity to really put pressure on iran. in my view he faced russia at a time when russia was critical of this decision. critical had as their number one foreign policy objective, removing our missile sites from poland. he gave them that. >> that's small ball. iran is big. >> but my point is this. had he gotten russia to agree to i am foes tough, cripple sanctions on iran, we could have put a lot more pressure on iran. >> well, maybe you can convince putin to do it, but bush couldn't get anything out of him. >> i would not have given them their number one objective which

is removing missile defense sites from poland unless i got something like that for it. >> you mentioned iran. nobody seems to know what to do with those people over there to stop them on their nuclear quest. what would you specifically do? >> well, several years ago i spoke at a conference in tel aviv and laid out seven steps. i will be try to be brief. number one, make sure we put in place crippling sanctions. number two, communicating on the ground in iran what the cost was of them of becoming a nuclear nation. they would be a suspect. and i'll get to the last one. number seven, you have to have a credible military threat. >> like what, a block aid? >> you have to have credible options that iran has to know that if they pursue nuclear folly, that there is the potential that there will be an effort on the part of the united states to remove that threat. >> all right. but you know, we hear that, i heard that from barack obama when i interviewed him as a candidate.

still iran continues in its quest. >> yeah, what do you -- yeah, but what he didn't do, what any of the seven steps necessarily to actually get iran to change its course. >> he certainly hasn't gotten their attention. >> and he hasn't put together the military credibility in terms of planning or communication that would suggest to them it is anything but a hollow threat. >> all right. how are you going to convince conservatives, who are suspect of you, not all of them, but some of them, because you did the individual man indicate in massachusetts about the healthcare. conservatives that drives them nuts. they say the government, state and federal, has no right to force anybody to buy anything. how are you going to convince those people that they should support you? >> well, the government, of course, has a lot of man dates. and i know folks don't like that. but man dates, kids go to school, man dates they have to have auto insurance if you have an automobile, and my conservative friends say you don't have to have automobiles and i say what state do you live

in? of course you do in this nation. and the plan we put in place is one put together by democrats and republicans. obama care is unconstitutional, massively expensive and i will repeal it. >> why is yours not unconstitutional and his is. >> because there are two constitution. each state has their own constitution. >> so the states have a right to man date it, but not the federal government. >> of course. that's why statesman date kids go to school. the federal government can't do that. statesman date you have to buy auto insurance. the federal government can't do that. >> you are always well cop. so is rick perry. we are trying to get him on the program. we appreciate your time. very interesting. good to be with you. >> next we will assess that interview and the entire republican field. charles is next.

>> let's get right to the political analyst, charles. he listened to the interview with mit romney. he joins us now from washington. so what did you think? >> so this is the o. t., right? the postgame show. >> that's the postgame show with you. >> and i'm steve young and you are bradshaw? >> i'm much better looking than bradshaw. come on, man. morino. >> i found it interesting he used his time to talk about foreign affairs. he could have easily, you know, hit a curveball about the economy, unemployment, et cetera. that's his wheelhouse. but i think he wanted to try a new line of attack. i'm not sure it will get a lot of attraction right now. but if he's the nominee he will have to talk about foreign affairs. i think he's right about mentioning russia. not a subject that will unite america. but you look at the overall

legacy, i think it's a poor one. and the issue he raise bed iran, i would have raised another area with iran, and that's in 2009 there was the uprising. that was a historic opportunity. it was on the verge, it could have swept away the regime and completely changed the strategic situation in the region and obama was a wall, said not a word. and others said are you with us, obama, or not? that should never happen to an american president. >> what did you think about the governor's rationale that the states have a right to mandate people buy health insurance, but the federal government does not? >> look, bill, he has a tough brief here. >> is that legitimate? >> it's legitimate technically. but the opposition that conservatives have is the principle. it's not technically weather one state allows it in their cons

constitution. it's the idea in america the government is imposing on you to enter into a private contract with an insurance company. that is kind of alien to the american tradition. and also it means that if that is aloud, the federal government -- if it is allowed the federal government can't have you do anything. >> but i think they will rule it unconstitutional in the states, too. i think the supreme court will rule it unconstitutional across the board. >> if that happens, and it happens before the election, it gets romney off the hook. >> but it doesn't in the sense that romney, as you said, went against conservative principles and advocated for this. >> but it will get him off the hook in the sense that obamacare will know longer exist. >> right. but if he says he's going to repeal obamacare any where. that's where he is. >> it's a huge issue. >> now, was it fair that they all beat up perry last night?

>> of course. two reasons, a, he's ahead. anybody who is ahead is going to have to show that he can take slings and arrows, and if he can't he shouldn't be ahead. second, he came in late. he's the newcomer. nobody has any idea if he can take it, if he can take a punch, deliver a response, hold his own, make a coherent argument or not. absolutely that's what you want to do. when romney was ahead before, he was the one who took all the attention. >> i only have 20 seconds were how did perry do last night, in your opinion? did he do okay? >> he didn't do well. that was the second debate. if he doesn't improve he will suffer a lot. >> all right. >> romney has been at this five years. he's well-practiced. perry is not. and you can't win entirely on charm. >> all right, charles. thanks very much. we appreciate it. my name's jeff. i'm a dad, coach, and i was a longtime smoker. in my heart i knew for the longest time

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use caution when driving or operating machinery. common side effects include nausea, trouble sleeping and unusual dreams. ♪ these are the reasons i quit smoking. [ male announcer ] ask your doctor about chantix. over 7 million people have gotten a prescription. learn how you can save money and get terms and conditions at chantix.com. >> bill: pinheads and patriots in a moment starring shaquille o'neal and brian kilmeade. but first we are pleased to tell you that our auction got off to an excellent start. the poster has been signed by all five living presidents. these men have never signed anything together before. right now the high bid is $27,000. we will understand that most folks can't afford if you donate $20 or more you can get a facsimile.

go to billoreilly.com. if you want to bid in the auction, you can do so directly on billoreilly.com. we tell how wins on september 26th. now the mail. >> bill: far left people routinely do that's where there is an i am bag. talk radio is a different ballgame. we don't get into that. once "the new york times" starts to promote a guy like that, we have to get into it.

>> bill: difficult eric. i would download our information from home. incorporate into your papers and discussions without sourcing us. it is too bad some teachers grade on ideology, not ability. i don't want you to suffer in that classroom. be respectful, transfer to another class, if you can. if you can't, tough it out. >> bill: well he's a friend. beck is always welcome on this program. >> bill: that's amazing maria. signed advanced copy of killing lincoln the way to you. the book comes out two weeks from today. you can preorder. you will like this book. you will like it.

>> bill: love to. as you know i used to work at channel 2 there. go to bolderfresher.com. >> finally pinheads and patriots. last week we showed you a penguin urinating on brian kilmeade, it tonight kilmeade playing one-on-one basketball with shaquille o'neal something even more grisly. >> was that out? >> yeah. >> bill: i want a piece of that. you gotta give kilmeade credit

he's a patriot for even attempting one-on-one against shaq. check out the fox news factor website different from billoreilly.com. 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, no bunkum when writing to the factor. thanks for watching, i am bill o'reilly. remember the spin stops right here, because we are definitely looking out for you. >> hey, it's wednesday! it's september 14th. i'm gretchen carlson. hope you'll have a fantastic day. big upset for the democrats this morning. for the first time in 80 years a republican wins the congressional seat that once belonged to congressman anthony weiner in new york. that's sending a message to washington loud and clear.