were scheduling everybody. fair, balanced, and unafraid. captions by closed captioning services >> bill: "the o'reilly factor" is on. tonight: >> it is a smear campaign. >> bill: herman cain fighting back. he believes he is a victim. >> when they cannot kill my ideas like 999, they come after me personally. >> bill: tonight, mr. cain enters the no spin zone. >> i had cancer that is smoking related. i don't think it serves the country well to be showing someone smoking a cigarette. >> herman cain also under fire for the way is he running his campaign. john stossel and charles krauthammer have some thoughts on that. >> it's like live free or die, victory or death. bring it. >> bill: was rick perry a little too flamboyant at a recent new hampshire rally. we will play you the tape and you can decide. >> you know what i mean.

>> bill: caution, you are about to enter the no spin zone. the factor begins right now. captions by closed captioning services >> bill: hi, i'm bill o'reilly. thanks for watching us tonight. no talking points memo this evening because we want to get right to the lead story herman cain fighting back. as you know mr. cain has been under fire on two fronts. personal allegations against him and now running presidential campaign. to his credit is he not ducking either issue and he joins us now from washington. first of all, mr. cain, did you expect accusations against you once you became competitive in the race? did you expect them? >> yes, we did. we did expect them. we just didn't know what type or what source they were going to come from. but it was expected and, as you noticed, and pointed out, once i got near the top in the polls and in many of them was number one, then they let all of the dogs out.

>> bill: okay. makes sense. but you chose yesterday to engage in the conversation which i'm not sure was the smart thing to do in the sense that you know anything you say can and will be held against you by your opponents. you are never going to convince them of anything because they just don't like your politics. so why engage at all? >> i did it for the public and i did it for my supporters. even though i hadn't had 24 hours to process exactly what i was going to say or i hadn't had 24 hours to try and recollect some of the details, i wanted to go out front with it even though, by the end of the day, i had recalled more of the details -- bill, this was 12 years ago. did i it for my supporters and they have responded in a positive way because i got out in front and was direct in

addressing this issue. >> bill: okay. so by that answer, i can assume that you weren't prepared for this kind of a situation to surface because if you had been prepared you would have had your people research exactly what happened so that you could put it forth. you weren't prepared for this? you were blind sided by. this not totally blind sided, bill. my campaign was made aware that this story might break 10 days ago. but we made a conscious decision not to go chasing two anonymous sources and not knowing what the rest of the story is going to be. >> bill: if you were made aware 10 days ago that this could be in play, shouldn't you then have gone over with your attorneys, formulated a response, you know, they call it a rapid response team, all campaigns have them, so that when it did get public that you calmly went over and said these are the facts. you seem to be caught somewhat off guard and you just said you didn't recollect.

shouldn't you have had all of that in your file ready to go? >> we didn't have all of that, bill, but we did -- we do have a rapid response consultant but you are right, what happened was when questions got asked, some of them i didn't participate and i was trying to remember some of those facts in the middle of a very busy day. so you are right. could we have started earlier such that i would have been better prepared to be more crisp with the response, yes. i still didn't want to wait because i wanted my supporters to know that was i not about to duck this issue. >> >> bill: okay. do you think it's hurt your campaign, set you back any? >> i don't think so. bill, in the last 24 hours, our fundraising has been the highest it has been since i have been in this campaign. the phone calls into our campaign office have just locked up the phone system practically and i have many former employees who have called and stepped forward and say that they would

be glad to do a testimonial on my character and my integrity so, no, i don't believe that it's hurt my campaign at all. just based upon not only the volunteers and the phone calls but the fundraising has just really gone up dramatically. >> bill: how many years were you in the private sector earning a living? how many years? >> about 42 years. and i went from the department of the navy as a mathematician to the coca cola company as a business analyst, the pills burrow company as a business analyst and an information technology executive. and then from there i became a vice president with the burger king corporation and then president of godfather's pizza. president of the national restaurant association. and in all of those experiences, only at the restaurant association did these two anonymous accusations come up. >> bill: so there is nothing else on your sheet. 42 years is a long time in the marketplace. >> yes. >> bill: those of us who have been in the marketplace know

it's a treacherous place when you are successful. there is no doubt about it. people are jealous and -- whatever. so there is nothing else in the 42-year experience that you can anticipate you are going to have to deal with down the road? >> absolutely. and as i have said, bill, if something else comes up and it will, they are going to make it up. there are no other instances. >> bill: as long as you are not concerned about anything, we will see what happens. >> thank you. >> bill: clarence thomas, do you see any parallels to that situation? >> i see some parallels. but there is one big difference. i'm running for president of the united states. and, bill, i believe that i have people on both sides of the aisle who really do not want me to get the nomination to become president. why? because i am an unconventional candidate and the american people are connecting with my message, and they are connecting with me. >> bill: no doubt. >> a little different in that regard. >> bill: it's the same kind --

well, anyway. there are some similarities. now, you say you are running for president unconventional campaign. we reported last week you got three paid workers in iowa and three in new hampshire. have you under that any? because that certainly is unconventional. >> well, bill, when you reported three workers, that number was wrong. see, we don't send out a press release every day saying how many people we have on staff. we have had about 9 or 10 people working full time for quite some time. >> bill: and new hampshire. >> we have increased that number as a result of what has happened in the past few weeks. so the reports that we have a very skimpy team in new hampshire and iowa and south carolina and florida is absolutely not true. we are ramping up very quickly. >> bill: nine employees in iowa is not a enough. lean and mean you might get by with it. compared to the others it's not a lot. >> bill, let me add this. but we have a lot of volunteers dedicated and devoted.

>> bill: what's traditionally been done hire pros,ing hire people, organize, all of that, no doubt you are unconventional. you are doing it your way. as frank sinatra once said doing it my way hold him over for the b block. policy questions a lot going on in that area. later on crowley, colmes, and krauthammer all will analyze herman cain this evening and other republic contenders. we're coming right

>> bill: continuing herman cain in washington this evening. the dow dropped 573 points in the last few years. talking about spooky halloween thing. why do you think that happened, mr. cain. >> i think it happened because the financial markets are interrelated and with what's going on in greece and what's going on in europe it has a ripple effect as to what's happening here. so the stock market is naturally a little jittery. secondly, i believe that it dropped is because some of the latest rejections about what the g.d.p. is going to be in this country is that for the year it's going to be at or about 1.6%, which is anemic. i think it's a combination of what's going on in europe because those markets are inner related and the anticipation that this economy is still stuck because of failed policies of this administration. >> bill: you know, but you, if

you were elected president, you are not going to have any power over the pinheads in greece and european union mucked things up even worse than the united states has. not going to have any power over them. so you will be inheriting a world that's in chaos economically, are you not? >> you are absolutely right. here's the deal. if this economy is growing. and it will be growing when i'm president, we become the lead dog in the bolder. >> bill: we're still the lead dog now. >> we are the lead dog but not the lead dog in growth. that's what we are missing. this is why i have proposed a bold economic growth and jobs plan. you have heard of 999 plan. >> i want to ask you about that. >> i will be happy to talk about it but what i'm saying is people have attacked it, that's fine. we have to grow this economy. >> bill: absolutely. flat tax that you are proposing would. i'm not so sure about the national sales tax at that level but, you know, it's certainly debatable. now the tax policy center and they study this kind of stuff.

they are a nonideological. they say under your plan the u.s.a. would lose $300 billion worth of of revenue in the first year. not, you know, compared to what's going on, that's not an enormous loss of revenue but certainly with the 15 trillion-dollar debt, it's substantial, would you disagree? >> i disagree, bill. and that tax policy center report is dead wrong. now, let me remind some of your viewers that i was a mathematics major in college. i understand what you can do to calculations if you change the assumptions. >> bill: you are basically saying -- that's exactly what i'm saying. >> bill: they say perry's would lose a trillion dollars in revenue. they don't seem to have a dog in the hunt here. >> bill, if your word as dishonest -- if you change the assumptions to basically try and discredit our analysis, that's dishonest. that's what they did. most analysts didn't read all the way through the report where

they admitted that they changed some of the assumptions. >> bill: what are your assumptions, how much revenue would the federal government lose under 99? how much would they lose? >> none. because under 999 we had outside analysis firm evaluate and score 999 statically and in a static evaluation we produced the same amount of revenue from five sources. corporate income taxes, personal income taxes, capital gains taxes. capital gains taxes. death taxes and the biggest tax, which is the biggest tax for most people payroll tax. yes, we will produce the same amount of revenue. then we did a dynamic analysis where we assumed some changes in business behavior and consumer behavior and calculated that we would grow this economy at about 5% g.d.p. growth. cut the unemployment rate in half so, yes, we have evaluated. >> bill: those are projections that you don't know. that's what you hope happens. all right. let's move on to what is the

most important foreign policy problem the united states has to deal with today? >> lack of clarity. >> bill: no, no. specifically. what area of the world concerns you the most? >> the middle east, obviously. because our best friend in the middle east is israel. they are there. and one of our worst enemies is there, which is iran. >> bill: what are you going to do to iran if they cause trouble in iraq, which it looks like they will. and continue on the road to the nuclear weapon? do you have a specific thing that you are going to do to them that president obama is not doing? >> let me tell you what i wouldn't be doing in iraq. and that is i wouldn't be announcing and telling our enemy that we are going to pull out of iraq. >> bill: the iraqi government did that. so we didn't have control over that. >> i know. what i'm saying is when i become president i have to evaluate the situation at the time in iraq, afghanistan, and every one of these countries because i will

listen to the commanders on the ground. let me respond to your question. >> bill: we're running out of time here. what would you do that hasn't been done? >> what i would do that hasn't been done, relative to iran, two things. number one, develop and we are developing it and i'm going to talk about this within the next couple of weeks an energy independence strategy with a serious independent strategist so we can become energy independent. >> that's not going to go -- energy independence is not going to influence iran one way or the other. >> bill, work with me here. >> bill: it's going to help us but not work with them. >> work with me bill, that's not true. >> bill: to china. china will pick up all the slack. >> bill, work with me here. just the fact that we have an energy independence plan, it's going to impact the world market for the price of oil about a third. what's that going to do is going to put pressure on iran because they depend upon how oil prices

in order to fund that government. the second thing that i would do is i would maximize the use of our ballistic missile defense capability. i would double the number of ballistic missile defense capability shifts that are warships and strategically place them in the world. iran understands only two things. economic pressure and our military might. we have an opportunity. >> bill: warships in the persian gulf because they will attack them. they will try to do something if you put them there. >> that would be perfectly all right because i believe that we have a superior capability. >> why would knock them but you are in a shooting war with iran. you really want that? >> well, i don't want that, bill. but if they file first, we are going to defend ourselves and defend our enemies and they are no match for our warships. >> isn't that provocation if you would put warships off their coast? >> no. they have already announced that they are going to put their ships off our coast in international waters. that's not a provocation.

>> bill: all right, mr. cain. >> we are trying to protect ourselves. >> bill: i think you are a fascinating guy i want to talk to you all the way through. will that be okay. >> that will be okay, bill. i look forward to it. >> bill: thanks for being stand up guy tonight. i appreciate it crowley and colmes will analyze that interview. john stossel on the smoking cain ad. suit on behalf of muslim students

>> bill: barack and hard place segment tonight, let's bring in our political duo monica crowley and alan colmes. before we get to that i said the dow was down 573 in two years. two days. herman cain is a classy guy. he didn't correct me and he could have. what did you think.

>> i thought he was very impressive tonight, herman cain. he is a simple hard working guy this is why he is rest resonating. fed up with politicians of all stripes, both parties, done with them. this guy has come up through the ranks. he has spent his entire rank in the private sector as he told you. huge success. he knows how to create jobs which is the major issue going into this campaign he has done it his whole life. what the american people are craving is authenticity, genuineness. this is a guy running a nontraditional campaign as he told you and he is running insurgent campaign. is he running on a shoe string. he has got no money. he told you he has very excel will he ton -- skelton staff. he has no money. but this is why this gets to your point. >> he has money now. >> this is why he has a skeleton staff. >> you are not letting me finish my point.

>> i know what that feels like. >> nationalized far earlier time frame than previous races. >> bill: finished there? >> yes. >> bill: what was the weakest thing he said? >> foreign policy. >> bill: all right. so you don't have to say anymore. >> okay. >> bill: stand up guy for coming, in correct? >> yeah. >> bill: that's number one. do you think this whole thing is going to hurt him? >> i don't think the accusations hurt him. i think the way he has handled the accusations hurt him. >> bill: how about tonight? >> here is what i didn't understand. he said he knew of them. he expected it he said at the beginning. then he said well, i only had 24 hours to deal with it. >> bill: there was contradiction there. >> he said he heard about it 10 days ago. >> bill: he should have been better prepared. >> i'm not making excuses for anybody. i didn't know what happened. i don't really care right now. doesn't influence his presentation to the folks. he is making mistakes. boot in the grounders the rookie of the year. >> sounds like he is making it up as he goes along. >> bill: i don't think he has a central guy in charge of the campaign now.

sounds like he is running the campaign. >> just that his positions. on abortion he was all over the place. >> we already know that he made mistakes but he clarified it. >> unclear what he stands for. it's unclear what he stands for. he said -- for example, he said he was against abortion but people should make up their own mind. families should be decide whether it should be against the law. >> quite clearly that he opposes abortion and doesn't want america to make it legal. >> but he also says families should decide and if they want to break a law -- >> -- -- i thought the foreign policy -- >> doesn't seem to have a clear sense of foreign policy. >> bill: pretty weak on foreign policy. >> how can we at a time like this feel threatened who have somebody to ho doesn't have a clear sense. >> remember, barack obama in 2008 also had no clue on foreign policy. what he didn't know was wrong. however. >> bill: how did that work out for us? >> what i'm saying is barack obama wasn't pressed during the campaign to answer. >> bill: now, this is a

different time and different place. >> i agree with you. i think that is his greatest weakness. you are not only electing president, you are electing commander and chief. >> bill: you have got to hire somebody like monica. >> right on. >> bill: there are whispers that it was a republic, you heard them, you heard them. we are not going to mention any names because this is innuendo and we don't do that here. that we're -- helped out in getting the accusations against cain public. if that becomes the story, do you -- first of all, do you think it's going to become a story? >> if it's true, yes. >> bill: do you? >> i think most of mainstream media on the left and they would love to blow this up into a story if it's true. politics bean bag. fresh to the game. blood sport especially at the presidential level. >> bill: it's blood sport. >> whether coming from this side or the other side. >> i love how you blame the left-wing media because the media is on the left.

>> this is not the media's fought. it's not the messenger. >> here is the question. the question was a legitimate one. she answered it legitimately. there is rumor, swirling. >> yes, correct. >> bill: this came out of a republic precinct, okay? so, if that rumor gets a face on it, i mean, somebody stands up and says i did it, it becomes a big -- it? >> would hurt the person who did it. >> bill: help herman cain, absolutely. i think any republic contender who did that would destroy themselves. >> absolutely. i think -- you know what? i think the story is already helping herman cain, you saw those fundraising numbers. the american people are so fed up with character assassination. >> bill: absolutely. >> sexual harassment and attack politics that this actually could have a rallying effect to herman cain. i think we are already starting to see it. >> bill: short run. people who aren't ideological. his supporters absolutely have rallied to his cause and are giving him money. but the bulk of the people voting in the primaries are

sitting back and waiting. let's give colmes the last word and hold on and pray this comes out in our favor. >> hold on to the table, monica and bill. the real issue is that he does not have a consistent message even in dealing with this. he is all over the place. hourly it seems he changes his story. all of a sudden it's not just one incident he remembers. it's more. that's a problem. it doesn't have a consistent message, period. >> republicans and barack obama have the same issue. >> i thought i had the last word. what happened? >> bill: plenty more ahead as the factor moves along this evening. stossel on the cain smoking ad gotten more than a million hits on the net. is it legal? lawsuit filed against catholic u concerning muslim students. another border patrol agent going to prison for roughing up a mexican national. we hope you stay tuned to those we hope you stay tuned to those reports.

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>> bill: stossel matter segment tonight many of you have seen the herman cain smoking ad whereby his campaign chief puffs

away on camera. apparently that deeply offended cbs news man bob schieffer. >> i had cancer that's smoking-related. i don't think it serves the country well, and this is editorial opinion here, to be showing someone smoking a cigarette. and, you are the frontrunner now. and it seems to me as frontrunner he would have a responsibility not to take that kind of a people, do not smoke. >> bill: here now to analyze fox business anchor john stossel. stossel, i think schieffer is right here. the less glamour or coolness around smoking, the better for

younger people who may be thinking about it? >> he has a point. but enough is enough. we're just demonizing smokers. >> bill: why? >> because it's part of freedom. if you are an adult and you want to poison yourself, it's your right. >> bill: do you remember when you were a punk kid like i was. >> yeah, last year. >> bill: all right. it was cool to smoke in my neighborhood when you were 12 or 13. >> sure. >> bill: running around like this. i never inhaled unlikeill clinton because i would cough. all my stupid friends and i were sneaking around doing this because it was sheik. this was bogart with a cigarette, jacque gleason. now it's not cool and that's because of the trend, no advertising on television this and that. so here you have a presidential candidate who decides to run an ad with this guy, you know like this. i go what is that? i think it was an absolute lapse

in good judgment. >> first of all, i don't think he decided. i know both of them and i think the campaign manager just did this on his own. it was an internet ad. >> bill: you can't tell me herman cain didn't see this ad going out. >> i'm sure he didn't see it going out. i'm sure now he has seen t has gotten a million hits. >> bill: if he hasn't seen it going out on the air. >> it's not a tv commercial. it's an internet ad. >> he ended the ad with a grin. >> one in five americans smoke. it's their choice. >> bill: i have no beef with that i'm not saying you make tobacco illegal. i'm saying if you are in a position of leadership, you don't do anything to encourage smoking. you do nothing to encourage it. i say if you are in a position of leadership, i admire herman cain for saying let mark block be mark block. let free people do their thing. >> bill: show him sleeping in a hammock. >> and on when schieffer hit him on it, he says i do respect your

objection and he faces the camera and says that. >> bill: as we saw earlier in the program cain is a standup guy. >> is any kid not going to smoke because herman cain. >> bill: i will tell you the kids who smoke and i ask them, they think it's cool. the same with the tattoo on the neck. kids 10 or 11 to 14 or 15, they are looking around to see what these people do that's why they do it? >> scream about mad men on tv. scream about the movies where they make it cool. that has much more of an influence. >> bill: the mad men in the movies are not at the presidential level. >> that's true. i admire him for saying my campaign manager does this thing. people smoke, let them do their thing. >> bill: you admire that stuff. >> i do. respect for individual freedom. >> bill: all right. john stossel, everybody. when we come right back, is it legal tonight? catholic university, being sued for anti-muslim discrimination. and a border patrol agent going

to prison for roughing up a suspected mexican drug dealer. wait until you hear this. legal is next.

>> bill: thanks for staying with us. i'm bill o'reilly. in is is it legal segment tonight. provocative situations jesus diaz sentenced two years in prison for roughing up a suspected mexican drug smuggler and lying about it here now kimberly guilfoyle and lis wiehl. strongest evidence against mr. diaz. >> other border patrol agents took the stand against mr. diaz and said what happened that night at 2:00 in the morning was not as mr. diaz told internal affairs at border patrol and that's how this whole thing started. >> two of them that testified against them. >> more than two of them.

seven or eight that were there that night. >> diaz and some of the over guys apprehended alleged drug dealers but they didn't have drugs on them, right? >> yes, they did. the guy that we are talking about was smuggling 7 a pounds in his backpack of marijuana they confiscated 150 pounds total. >> they cuffed the guy and threw him to the ground and stepped on him or something. >> that is what the allegations are against diaz. here is the problem. he was cleared with the department but then oli got involved with it. >> what is oii. >> office of internal affairs got involved. and he lied to them. that's what they found out. they turned over the suit to the u.s. attorneys office. it wasn't as if it was a renegade u.s. attorney that came after this. >> bill: do you think this guy should be going to jail for two years. >> excessive. doing his job. an individual that actually had the drugs on him. did a very common arrest. things to detain someone. you put them on the ground. arms behind the back cuffed and he raised up like this for 2 to 5 seconds. that's it.

you want to tell me that's a violation of his civil rights and this man, whose life is in peril every time he is on the front lines in the war against illegal aliens coming across? >> i don't disagree with that kimberly but we are talking about a six count indictment here. first count was exactly as you described. i agree with you, even as egregious as it is, maybe it should have been suspended and something like that. but don't go to jail. it's the five counts of lying. it's the lying. >> bill: did he get convicted of assault or lying. >> got convicted of beth. six counts total. >> bill: the thing that bothers me about this, guilfoyle, one of the people who testified against him was the actual drug dealer himself. >> given amnesty. >> 15-year-old kid, right? he was given amnesty from prosecution even though they found him with 75 pounds of pot and a visa to the u.s.a. >> see, that's the problem. this is what is going on. >> bill: is he now legally here a dope dealer? >> yeah. that's what we do. we are rewarding people who are coming into the country with drugs. >> bill: would you agree with me that's insane. >> ridiculous.

they wanted him to be able to stay here to testify. >> bill: a visa. >> they didn't need to do that once he testifies he is out. >> bill: i want you to next week to investigate why he got a u.s. visa. >> part of the plea deal. >> bill: guilfoyle, catholic university i used to play them in football when i was with marist, go down to d.c. and kick their butt. two catholic schools being sued by some crazy guy i guess a professor at george washington. >> george washington university. >> for being prejudiced against muslim students. >> this is ridiculous. >> bill: this the is guy, right. >> this is the professor. he is the one who is a -- is he a professor of law there and public interest law professor. he filed this complaint. guess what, based on no complaints from muslim students. >> bill: he made it up? >> he is the same guy who filed the lawsuit. inappropriate and violates human rights if you don't have co-ed dorms. >> what's his beef? >> the beef is that it is violating the rights, human rights, not civil rights of muslim students because they

should have a place to worship and not be free of religion. >> bill: on catholic university campus. >> go in the room and crucifix on the wall he wants that taken down so they can worship there even though it's a private university. >> he lives in washington, d.c. didn't read the antidiscrimination law in washington, d.c. which says explicitly educational associations that are affiliated with a religious organization are exempt from this. >> private school. >> bill: it's a private school. so this is a frivolous lawsuit designed just to punish catholic. if we had a decent system this professor would pay all the court costs but we don't have a decent system so he will get away with. this right. >> bill: girl scouts, 7-year-old transgender boy. not going to name him, of course, wants to join and the girl scouts say no, why, wiehl. >> this is in denver the girl scouts say no even though you are 7 years old and identify yourself as a girl, excuse me you are a boy and you have boy parts and we don't want to. >> bill: 7-year-old in the process of becoming a girl.

>> not even started. he just dresses up like a girl. >> bill: transvestite thing? >> exactly. >> bill: no physical alteration. is he a boy who chooses to be a girl and wants to join the girl scouts. >> mother refers to him as a boy. >> bill: the mother thinks he is a boy but he thinks he is a girl and the girl scouts say no. >> they said. no oops, we are sorry. we are actually going to let you in. they said no, never mind we don't want to go. how about some counseling or something for a child making a decision. >> bill: that's the mother's problem. >> insisting on putting him in the girl scouts. >> bill: is it legal. >> no obligation under title 20. no obligation to admit a boy who wants to be a girl. >> boy scouts and girl scouts. >> bill: girl scouts are on solid ground? >> yes. >> bill: come back next week on diaz why this guy got a u.s. visa. >> outrageous.

rewarding criminal behavior. >> bill: i want to know what u.s. attorney signed off on that why are they so interested in prosecuting border agents. >> allegations that rick perry acted radically in new hampshire last friday. krauthammer when we come back. confidence, with depend in color. now available in gray. looks and fits like underwear.

same great protection. depend. good morning. great day.

>> bill: back of the book segment tonight, it may be much ado about nothing as shakespeare once wrote there are reports that governor rick perry was acting a bit strange in new hampshire last friday. >> i come from a state, you know, where they had this whole place called the alamo and they declared victory or death. we are kind of into those slogans, live free or die, victory or death. bring it. 20% flat tax put it on there.

take your deductions off, send it in. even tim geithner can get his taxes in on time with this. i'm telling you. he can. >> the good news is that little plan that i just shared with you doesn't force the granite state to expand your tax footprint. you know what i mean. like 9% expansion. [ laughter ] >> bill: here now to analyze charles krauthammer from washington. looked like the governor was having a good time up in new hampshire. not a hard thing to do. that's a nice state up there. it looked like he was enjoying himself. >> looks to me as if he was doing dennis miller doing rick perry. actually rick perry doing dennis miller doing rick perry. >> bill: one or the other, right. >> he was getting into a little stand up. look, i give him a pass on this. this is a guy who has given 15 speeches in the day. it's closing time. he is a little bit out there. is he a little bit of control.

maybe even a little lubricated, i have no idea. it's tough out there on the trail. if he gave that speech at noon at the detroit economic club i would be a little bit worried. >> bill: okay. so you think, look, the guy was tired, obviously. and he was just having a little fun with it. and there is no harm, no foul. >> if it happens again, then you have got -- not go into detail. >> bill: all right. you heard my interview with herman cain, impressions? >> i thought he did fine. i mean, i think he still has problems on changes in his story. i think that's the issue. i mean, it's sort of tragic in the country. even if a charge against him was a baseless one, what happens is when you try to explain it, if you don't have your story straight, you look bad and then you look deceptive. this is a guy who is way out there at the top of the pac for one reason. people look at him as a straight shooter. they look at a guy who is not a politician. when he starts to parse his

words, you know, a settlement and arrangement and all of this, he looks like a politician. >> bill: here is the problem. will he me articulate specifically the problem. i thought herman cain number one and i want to tell the audience again a standup guy. there weren't any conditions for this interview. he said i want to be there as long as you want and i will take whatever question you have. i like that. but, i posed him a question. you heard about it 10 days ago by his own admission. shouldn't should have had everything in line because you know it's going to come out and he didn't. that is a little perplexing. >> it's quite perplexing. if you have a 10-day heads up and you know the story is going to come out, and you know they are digging into it, at the least you just simply go back, take some time, figure out your own recollections, look, i don't attack a guy because he can't remember what happened 15 years ago. i can't remember what i did yesterday. and, you know, i often see people in hearings, they are asked about a meeting in 1989, i

can't believe -- i don't even know what country i was n '89. that's understand understandable, but if you have got a heads up, you have got 10 days. you take your recollections. you call people up. you call in attorneys or talk to some of the people that have some of the records so you have got the story straight. i'm not saying he is lying in any way. i'm saying if you are going to go out there and a lot of people are going to ask you questions, at least as a responsible presidential candidate, you are now playing in the big leagues. this is not aaa, this is the all-star game, you have got to have a story. at least you have to know -- >> bill: that is a little perplexing. >> it shows a lack of discipline on his part. >> bill: i don't know whether it's a lack of discipline or, and this is what i want to throw out to you. isn't it possible that guys like rick perry and herman cain are simply overwhelmed? simply overwhelmed by it all? >> i think the process that we have devised for the presidency is a crazy kind of mid evil

ordeal, which is meant to sort of -- to subject human beings to the kind of pressures -- now, perhaps you would say well you have got to be up because you are going to have those pressures as president. many of these pressures are contrived. it's really tough. but that's why you need discipline. what i mean by the word discipline is, a guy like herman cain knows he is charming, attractive, people listen to him. he can think on his feet talk your way out of a paper bag you get tripped up. some things you can't wing it. he thinks he can wing anything. domestic, foreign issues or sandals. on some of these things you have to have it lined up and prepared. and preparation is what you need. that's what you need in terms of discipline. if you are going to be in the big leagues. >> bill: as always. thank you. pinheads and patriots, jon

stewart vs. brian williams and stewart vs. brian williams and that is next.

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$25 or more you get the book for free. you get my book free if you sign up for premium membership, or if you buy the book outride, we will send you a copy of lis wiehl's "waking hours." we are giving you as much free stuff as we possibly can trying to restore america. i do this because we give hundreds of thousands of dollars to charity based on all that. now the mail. tony, chicago. >> from washington. >> steven, from new jersey.

>> and michael from des moines, iowa. >> here's the deal. we like leslie marshall. she's that smart and holds honest convictions. but all of our contributors, all of them know that they are not allowed, not allowed to make unfounded accusations against anyone on the factor. simply not fair to do that in front of millions of people. i was stern with leslie but there was a reason for that and you can decide how valid it is. bill, from new york. >> bill, that was monica. >> from south africa. >> i'm glad to hear it, trevor, welcome everyone in south africa. a beautiful place.

>> from new york. no limo for me. i drove up there like you did from long island. and watch out richmond, virginia and atlantic city. we are coming to you. details on bill o'reilly.com. finally tonight, jon stewart went up against brian williams. >> are we entering kind of a permanent era are protest here, semi permanent for the next couple months, years? >> where does it stop? >> oh, this wasn't our society. >> no, no, no. >> we were kind of rousing along at 50,000 feet. >> no. tea party -- >> you didn't see public demonstrations like this. >> you are a newsman. go pack to the iraq war. there were a million people in the streets. >> the tea party started disrupting town hall meeting on the subject of healthcare. >> they are cutting off your circulation. do you recall the iraq war

protests? >> thrives for all of it. >> the tea party was a protest. >> this is a new movement, is all i'm saying. >> that's why i like stewart. he challenges his own team. he is a patriot on this one. and that is it for us tonight. please check out the fox news factor website. different from bill o'reilly.com. we would like you to spout off about the factor anywhere from the world, even south africa. the word of the day, do not be lilly-livered when writing to the factor. i signed to do another presidential history book with my publisher. i'm not going to tell what you it is but it's along the lines of "killing lincoln i if you want them signed, get them in now because my hand is going to

fall off. thanks for watching. i'm bill o'reilly. remember, the spin stops here because we are definitely looking out for you. >> we made it to hump day, everyone. good morning. it's november 2nd. i'm gretchen carlson. thanks for sharing your time with us today. two new developments from two women accusing herman cain of sexual harassment. one is ready to talk now. can she? a live report is straight ahead. >> in god we trust. at least some of us do. most all of the house voting to make that our national motto continues so who voted no? it may be your congressperson. we'll take a look in a few minutes. >> the united states has a new soldier in the war on terror. this guy. elmo taking a trip to pakistan to fight extremism? and guess what, it's all on the taxpayers' dime. and he has no tongue. "fox & friends" starts right now.