november1. thanks for inviting us into your homes tonight. that is it for this special election coverage.

"the o'reilly factor." >> bill: o'reilly factor is on. tonight: >> i have never acted inappropriately with, period. >> bill: can her map cain's campaign survive the constant accusations against him? we'll have analysis from carl cammeron, james rosen, monica crowley, and alan colmes. >> you have apologized to the family of brian terry? >> bill: attorney general holder getting hammered in front of the senate judiciary committee today. can he survive as the nation's top law enforcement agent? megyn kelly on that. >> you guys have a lot of questions. i i was hoping i would be able to answer them today. >> bill: perhaps the most successful college football coach in the nation joe

paterno may have to resign over horrific child sex allegations concerning one of his former assistants. is it legal on the case. 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. can herman cain's campaign survive? that is the subject of this evening's talking points memo. since nobody knows, nobody knows what happened in the 1990s regarding herman cain, and accusations of inappropriate behavior, it is very difficult to analyze the situation with any clarity this evening. today, mr. cain denied doing anything wrong. >> with respect to the most

recent accusations. i have never acted inappropriately with anyone, period. as i sat in my hotel room with a couple of my staff members, as they got to the microphone, my first response in my mind and reaction was i don't even know who this woman is. the charges and the accusations i absolutely reject. they simply didn't happen. we will get through this. the fact is, these anonymous allegations are false and now the democrat machine in america has brought forth a troubled woman to make false accusations. statements. many of which exceed common sense. and they certainly exceed the standards of decency in america.

>> bill: now, despite mr. cain's denials the question tonight remains can the cain campaign survive all of this? there is no question his supporters are standing by him. he has raised millions of dollars in the past week. mr. cain's poll numbers continue to hold but that is among likely republic voters. not the general population. talking points believes it is far too early to reach any conclusions about the whole mess. again, we are being very cautious in assessing it. there is no question on the republic side, the political dynamic in this presidential election. is changing. and that is the memo. now for the top story tonight. got a bunch of election things in play as well as herman cain's situation. joining us now from d.c. fox news chief washington correspondent james rosen. from des moines iowa fox news chief political correspondent carl cammeron. a lot of chiefs in there, gentlemen. let's lead up to those titles. cammeron, first to you, what's the inside word about herman cain in political circles this evening? >> concerned. republicans and his supporters

are circling the wagons and trying to defend him. it's no longer a he says she says she says, she says, that's four, five, and even mr. cain suggests that that number could yet rise. as a cons sequence, he has tried to battle back against it, saying that there is no substantiating evidence to any of this and many of the accusers are anonymous. another woman today came out publicly and was named and now she is actually calling on some of her fellow accusers to hold a joint news conference with their attorneys so that they can collectively sort of recite their criticisms of mr. cain and try him in the court of public opinion. that is the kind of thing that really disturbs establishment republicans. you have now begun to hear his rivals including mitt romney and others say these are serious charges and distance themselves from not only the allegations but mr. cain himself because this is a very sensitive issue and as the allegations mount, unsubstantiated though they are, it does potentially do political damage to the candidate. mr. cain recognizes that and has promised to soldier on

through it is he fighting very aggressively and attacking the credibility of some of his acruisers in the process. >> bill: also saying, james, that it's a politically motivated smear on him. there is a republic debate tomorrow night. i had all of the republic candidates on the radio last night with me. i asked them all are you going to ask cain about this? is it going to come up from you? and they all said no. but surely the moderator, i think, on the cnbc network will bring this up. so cain has got to be prepared. as far as the damage to his campaign, james, how would you assess that? >> it's real. i will give you one tangible example. i know of a very talented g.o.p. operative approached by the cain campaign just since this scandal broke. the campaign turned to this individual for help. asked him to join the campaign in a very senior role and after thinking about it, that individual said no. there is an example of talent fleeing that campaign.

when this individual, in fact, was enamored with herman cain at one point. at a certain point the american people and perhaps the electorate in iowa, especially, bill, will face a critical mass with this story where they will not want to be placed in the position of of aadjudicating disputes he says, she says. to avoid that chore of deciding who is telling the truth. they will simply press menu for more options. this way they cannot have to make those decisions. and just go back to other issues, like abortion, like the economy. and it's worth noting that on those other issues, herman cain had already had some difficulties with social conservatives in iowa. his 9-9-9 plan, which is his signature deal, he has also called a 9-0-9 plan for some taxpayers or some tax brars in income brackets. problem with consistency not just in this scandal episode but also on substantive issues. >> bill: the backlash could

help him, i think. you have -- >> -- you are absolutely, right, bill. >> >> you have a fairness issue here. americans are very suspect, very, very suspect. of this. >> bill, it's also worth noting, bill, that in so far as this is still an unfolding story, people in iowa and new hampshire and the early voting states know to be patient. we're eight weeks away from the first in the nation caucuses tonight there will be a handful of debates. some of which will come on the eve of the very first votes. these are experienced voters who understand that you don't judge the play by the first act these next eight weeks lots of new developments. candidates will rise and fall on lots of issues. most of the voters in iowa and new hampshire suggest that the polls romney and cain tie low 20's. the fast of the majority hasn't made up their minds yet. >> bill: i agree with that

it's a watch and see right now. i i do think there is an anger growing in this country about the industry that is set up to smear politicians on both sides. it's not that they go after republicans. democrats get smeared. yeah, some of these guys misbehave. there is no doubt about it. we have seen it time and time again. but, americans are getting a little fed up with this. now, james, tonight on the election front. got that mississippi birth vote. we believe that will probably pass down there. but, you know, as i point out the federal law trumps state law so it can pass but it can't be, you know, put into effect in any way. do you agree with that? >> yeah. i would tend to agree with that bill. i have nothing to add to it. >> bill: okay. is there any other issue that the folks should be watching tonight, carl? >> yeah. i would say that there is two things to watch. first of all the referendum item in ohio about mandatory health care. >> bill: that's going down according to all the polls that is going down. >> that is a huge commentary

on the obama administration. >> bill: they are going to win that. the obama administration is going to win that because all the union money there is going to, you know, governor kasich is going to be overturned by the people and obama win. >> that will be a rally call to republics to, to conservatives, and democrats tomorrow will be claiming victory in a huge triumph in a year that republicans said they had the momentum. the contrast to that is to watch the virginia senate race, bill. if republicans can capture the virginia senate race, the virginia senate majority have the house, senate and governor's office. that will be seen as -- >> bill: that is huge for president obama. he needs virginia to win the election. gentlemen, as always, we appreciate it next on the run down, if herman clan declines, if he declines in public opinion, who will that help on the republic side? cawley and colmes will analyze. then attorney general eric holder being put in a very tough spot today in front of a

senate committee. megyn kelly on that. right back with those reports.

>> bill: barack and hard place segment tonight, even though herman cain continues to poll well his campaign could go either way. if he does decline who will that help? with us now monica crowley and alan colmes. what say you, colmes. >>' perry.

newt gingrich. a newt aboom. many people may not have looked at him at first. reconsidering because people want a conservative alternative to mitt romney and they are not getting it. >> bill: right. okay. herman cain doctrineaire conservative appeals to audience. when herman cain started to rise is when michele bachmann started to decline. why wouldn't congresswoman bachmann get some support from in cain. >> i don't think she has resonated it seems hasn't done as well in debates. newt has done better in the debates. perry seemed to have all this attention. maybe people will take a second look at him. i think bachmann has rendered herself almost irrelevant in this campaign. she has not had the presence. >> bill: working hard in iowa. trying to could an upset in iowa. >> there could be a couple beneficiaries if herman cain declines. he has had a couple of policy weaknesses that rendered him vulnerable before all of this happened. i think if his campaign does

recede, i think alan is right, newt gingrich who has already started something of a mini surge up to 14%, even 18% in some of the polls. people taking another look at newt. as he mentions michele bachmann not quite sure where she stands right now. another person we haven't mentioned yet bill is rick perry. rick perry receded receded whenn cain started coming up. rick perry has a strong conservative record. especially strong economic record in texas he might benefit if this campaign stars shaking up. >> bill: the two candidates that have the most emotional support and feel free to disagree with me are ron paul and herman cain. >> i think that's right. >> bill: ron paul is almost a cult. because we did this presidential forum last night on the radio. and, i mean, they were like bees. >> ron paul is a great candidate to have in the debates because he has so much to say that isn't said by other republicans. he is. >> bill: very colorful guy

that adds a lot of pizzazz to it. here is governor perry's problem right now. you say he might take support from herman cain. he stunt evoke emotional -- there is no emotion. you know, it's like mitt romney. >> exactly. exactly. >> bill: governor romney and governor perry are both successful politicians. there is no question about it, all right? they both govern their state effectively. but there is no emotion tied into them. and there is in paul and cain. >> i agree with you on the emotional aspect of it and you have got to remember vote something an emotional act as much as intellectual act and call on judgment and call on policy. i will say. this voters who go in to vote on the primary process. they will pull that lever not particularly based on emotion. when they have to make that final calculation it's going to be, bill, which one of these people can stand up to barack obama in a debate and in the general election one year from today. >> i think that's a good

analysis. they may have to go romney not love anybody. maybe emotion won't play as much as an nobody who evokes that who could win. >> bill: herman cain was emotional in his defense and flat out denied he did anything wrong. he was very strong. i believe that the people who are supporting herman cain will stay with him. >> his positions are all over the place. >> now you are getting ahead of yourself. in the primary he is polling either ahead or tied with romney. i don't see his support based on what we have seen. >> carl cammeron said we are two months away from the iowa caucus. >> anything could happen. something of a rallying effect. like a cultural -- people want to rally to his defense, right? >> bill: that's going to benefit him. if people -- if the american public comes to the conclusion that this is a set up, that

this is a fraud, it will help herman cain. >> over the long-term maybe not. >> accuser number two is coming forward. >> could be number seven. >> at some point it has to start to make a dent. whether it's true at some point. >> bill: americans are not going to evaluate this on numbers. they will evaluate it on evidence. i believe that basically the american people are fair. it's the media that screwed up. >> you can't just blame the messenger because you don't like the message. >> bill: colmes has got to go to wed. directly ahead. attorney general holder taking it on the chin today over the fast and furious gun scandal. megyn kelly will report. then the nation's most successful college football coach may be forced to resign over horrific child sex crimes allegedly committed by his former assistant. back in a moment.

>> kelly file segment tonight very intense on capitol hill today when attorney general holder testify in front of the senate judiciary committee about the fast and furious gun sting that went terribly wrong as guns disappeared in mexico and one of them was used in the killing of a border patrol agent. >> have you apologized to the family of brian terry? >> i have not apologized to them but i certainly regret what happened. >> have you even talked to them. >> i have not. >> would you like to apologize today for this program that went so wrong that took the life of a united states law enforcement agent? >> i certainly regret what happened to agent brian terry. >> bill: the question like herman cain can attorney general holder politically survive the situation? here now attorney and fox news anchor megyn kelly. can he survive? >> yeah. he can survive. right now 34 house republicans are calling for him to resign. it's all republicans. no senators.

including on the g.o.p. side. i had senator grassley who has been leading the charge in the senate on this on the g.o.p. side on my show today. he said we don't have it yet. we don't have enough to demand that. we need to know more. they don't have a direct email to holder or direct proof to holder proving that he knew about this operation. no but they are subpoenaing all kinds of interactions so they will get to the bottom of the time line. but what cornyn tried to do today is show how detached from the whole situation the attorney general is. >> the issue about an apology is really, i mean, you know, you can argue about whether the american people care whether eric holder apologizes to the family of agent terry for his death because it was a fast and furious gun used in connection with with terry's murder. >> bill: absolutely. >> the bottom line was it wasn't atf corporation. they were cooperating why not apologize? >> bill: it would have been a good pr move. attorney general holder didn't want to give the impression that he or his office is

anything. >> state department just apologized to the family of al terrorist who we killed along with anwar al awlaki. the guy happened to be with al awlaki. talked about. this the guy with him. our state department calls him and apologizes. you can see why some are asking the doj why wouldn't say you were sorry? the doj didn't bless t was atf. >> bill: everybody who watches tonight realize he didn't look good in that sequence. he could say look i do feel terrible about it and i would like to apologize on behalf of the united states government. >> justice department. not him personally. there is no proof that he approved it. >> bill: he hasn't even talked to the family, okay? that's something he should have done as the head of the justice department when a border -- when any agent is killed in this country the attorney general should get on the phone. >> homeland security overseas the border patrol. but his organization, doj oversees atf and atf out of phoenix are the ones that did this operation. >> bill: he has a connection to them as well.

and he should have done it. now, let's go to michael jackson's doctor. no surprise here. only surprise is that a california jury, if you are ever going to be tried for anything, try to get it into california. >> not bad a place. >> very, very hard to make judgments in the state of california. evidence so overwhelming that this guy was derelict in his job and shouldn't have been given the stuff anyway. doctor gives this stuff to anybody is insane. going away for four years. he won't serve four years. >> they haven't sensed him yet. >> that's the max. he could get probation or house arrest. >> judge is not going to do that the judge knows he is only going to be serving six months any way. >> the judge sent a message sending him back to the jail. i'm not going to be in control whether you go to prison because california's prisons are so messed up like overcrowded and they don't have to serve any of their sentences now basically. i want the american people to

know if it were up to me he would be going and serving the time. >> bill: he says give him four. how much is he likely to serve? i think it's six to nine months. >> i don't think it's going to be a lot. the bigger penalty to him it's not about the jail time loss of his medical license. that's probably why he is on suicide watch right now. his career is gone. doctor put all those years in schooling and residency. your ego is tied into it and livelihood. >> bill: what kind of a doctor is this? got a big tank of gas and your guy is laying on a table? >> four gallons worth of propofol. >> bill: what kind of doctor is that? >> michael jackson's organs were saturated with this propofol. >> bill: occupy wall street these people cause trouble everywhere. incident in san francisco. >> oakland, california. >> bill: shot by san francisco cameraman. involving an accident. roll the tape. >> you see protesters marching through the intersection.

then a lone protester standing in front of mercedes pounding on the hoot hood. then mercedes moving forward. two people taken to the hospital treated and later released. >> bill: what happened to the driver of the car? >> they let him go. they let him go. it's not clear whether he was even given a tiization. now the two people he ran over, one of whom has a crushed ankle are saying how do you let him go? now the oakland ph.d. is investigating why that happened. >> bill: the oakland pd doesn't like these people. >> that's final. you as the driver of that car don't want to be driving down the road. the answer is not to run over the people. the answer is to stop, to wait. to call -- he wasn't under any threat. it's not like people were swarming car. >> bill: what if the guy felt he was in danger. people are pretty violent out there. what if he felt he was in danger. >> look at that terrorism his car isn't being swarmed. you try to edge up a little he

gunned it. >> bill: you think he should be charged. >> he should be charged with battery. >> bill: felony. >> it's intentional, unwanted touching of another. >> bill: tough judge. >> what's so tough about it. you don't think he should be charged? >> bill: i don't know. i would have to hear his testimony. >> he ran over those two people. you can't run people down in the street. >> bill: i have got to run. something might have happened two minutes before that that you don't know about. maybe he felt that he was threatened. i would have to hear his side of the story, kelly. a lesson for you. i want to hear both sides. >> why you are having me on to opine on it then? >> bill: i need somebody to lecture. [ laughter ] >> bill: plenty more ahead as the factor moves along this evening. does john stossel still want to legalize drugs in light of the michael jackson's death we will talk to him. joe paterno may lose his jobs over sex crimes allegedly committed by an assistant. is it legal on that. we hope you stay tuned to

>> bill: stossel matter segment tonight according to the substance abuse and mental health administration growing oxycontin epidemic in this country. young people especially buying prescription pills on the black market that can easily lead to addiction even death as we saw with michael jackson prescription drugs can kill you. here now to talk about drug legalization libertarian guy john stossel. now, you want drugs legalized in general. you stated that. but this oxycontin thing is now an epidemic. some of the stats are unbelievable. more than 6 million americans have used oxycontin for nonmedical purposes. 6 million. in the 12th grade 5% of seniors in high school have used this addictive terribly addictive drug. and the reason they can use it is because it's quasilegalized. you can buy it on the internet. pill factories, doctors writing prescriptions to people they know are bogus and getting them out and selling them. you still think that's okay. >> no. i don't think it's okay that the kids hurt themselves and that they buy them illegally. but it's not legal.

it's all illegal for kids to buy this stuff. they get it anyway. >> bill: it isn't enforced not enforcing drug laws on this. >> did alcohol prohibition work? that was really enforcing it. >> bill: little bit of a difference between beer and wine and oxycontin. >> there is a little bit of difference between all drugs. but banning them doesn't make them go away. >> bill: so you are okay with an american society of 320 million people where anybody can buy oxycontin over a certain age? >> over a certain age, yes. >> bill: come and then sell it to 12-year-olds, 5% -- >> -- selling it to 12-year-olds should be illegal. already illegal and they already do it. >> bill: what should happen to somebody then who takes a prescription drug and sells it to a kid? what should happen to that person? >> prosecute that person. >> bill: and give them what if convicted? >> that's up to the -- give them a year. give them five years. i don't know. >> bill: five years? i would give them 10 years. >> okay. but you want to ban oxycontin?

it's a great pain reliever. >> bill: i don't want to ban oxycontin. put punitive measures on people who sell it including doctors for frivolous reasons. >> we have these laws. they already work. >> bill: nobody enforces these laws on the internet. >> they are on the books. >> bill: buy this stuff and they will send it to you, okay? they are on the books. it's not a societal priority and that's why you have this chaos. that's why you have michael jackson running his bogus operation he was running. it was jackson's fault he died. he was paying this guy 100 grand to bring in this crap and give it to him. >> same with elvis. >> bill: yes. >> celebrities, doctors. >> bill: let's get tough on this. >> we are tough on this. we are locking up more people. higher percentage than any other in the world. >> bill: that's why crime is going down. >> isn't a good thing to try to lock up more people. doesn't stop this abuse that you are talking about. >> bill: the kids? 10 years. >> maybe that's what they get already.

i don't know. >> bill: they get nothing. that's what's going on. >> adults should be able to poison themselves -- >> bill: anybody selling any drug to a kid is a mandatory, almost like jessica's law. that's what it should be. as always, stossel. when we come right back, is it legal on the penn state child sex abuse scandal. this is awful. and another criminal illegal alien murders an american. legal is next.

>> thanks for staying with us. i'm bill o'reilly in the is it legal segment tonight. intense situation jerry sandusky who for 24 years coached football at penn state university has been charged with seven counts of child rape. apparently joe paterno, perhaps the most successful college football coach in history heard about the situation but did not, did not inform police. instead, he told university

officials. today coach paterno cancelled the press conference and joining us now attorneys and fox news analysts kimberly guilfoyle and lis wiehl. two penn state university officials have been arrested along with sandusky. >> they have been charged. >> bill: what did they do. >> they have charged the athletic director timothy curly and senior vice president gary schultz have been charged with perjury. one count of perjury. what they have been charged with is hearing about some the incidents. don't forget the accusations are these went back 15 years over many, many people. >> bill: many boys. >> sorry, boys. >> bill: young boys. >> at risk. >> bill: 10 years old. this is a monster. if guilty, he he is a monster. >> if true it is. >> bill: right. >> the problem is they had a duty to not cover it up to go and report it. >> bill: they didn't report it. >> the worse thing is bill they lied about it allegedly in front of the grand jury. >> bill: in front of the grand jury. >> that's the perjury charge. >> bill: joe paterno i feel

bad for. i don't know whether you follow college football. >> i do. >> bill: the man is a legend. been there more than 40 years. conducted himself in a superb manner he has got to go. the reason is that he was told by eyewitness, i understand who saw sandusky molest a boy, right? the eyewitness told paterno i saw this. paterno instead of going to the cops went to the university officials allegedly, all of this allegedly. who did nothing because sandusky was on campus, had an office. >> using facilities. >> bill: paterno while he did follow the guideline of going to the school has to go because, if any american knows of a boy or a girl, child being molested at any time, you go to the cops. right? >> it's incumbent upon you to report this. >> bill: absolutely.

>> astounding this happened. i grew up admiring joe paterno. big fan of football division one. most wins in the history of football. guess what? forget about that. this man knew and looked the other way. he just did the bear minimum. >> bill: i don't know if he went the other way. he went by the book. he didn't want to get involved. that's not good enough. whowb the chance -- how about the chancellor of the university? he has to go to. >> civil liability will be way beyond this for the whole university. this was -- if it happened. if it happened was allowed to go on for, what, 15 years with multiple boys in this charity. >> bill: adjudicate that when it comes. >> bill, he wasn't -- there wasn't like a layer in between him. he actually was told by the graduate student. >> bill: i know, talking about paterno. >> paterno was told by alleged eyewitness this happened. >> chancellor being the one in charge should have been told and should have known. >> bill: we don't know about the chancellor will weather it ever got to him in that way shape or form. >> it that hard to do the

right thing. >> bill: apparently it is. in this society apparently it is. >> ethical obligation. >> bill: talking about doing the right thing. once again criminal illegal alien, we have been doing these stories 10 years now, 12 years now. here he is he gets out on a serious crime and then he turns around and kills somebody, correct? >> ridiculous. on august 30th, they arrested him on a sexual assault charge here is the gentleman right here santana committed against his estranged wife. they were separated. >> bill: arrested on sexual assault charge against his wife. >> right. >> bill: they let him out. >> pull him in and see he has a detainer and they release him. >> bill: who is they. >> ice. >> bill: the feds release him. why? >> they are not stating exactly why. >> bill: this is a serious crime. >> based on another agency telling them to release him. he gets out and then what does he do? >> murders, goes uninvited to a birthday party and murders guests.

>> bill: unbelievable. >> sister-in-law's boyfriend. murders him that's allegedly. is he in jail for that now. here is what is really angers me. he was on that detainer. sure we have illegal aliens and we let them go sometimes and they slip through the cracks. this guy was not going to slip through the cracks. there was a detainer. another agency came in and said let him go. >> bill: what agency? >> we don't know. all ice will say it is another federal agency. >> bill: this is what i mean. they being the federal government have got to stop this. >> president obama hasn't stopped. this president bush didn't stop it. clinton didn't stop it, the next president of the united states has got to say if you are are arrested. even arrested for violent crime and they for some reason aren't going to prosecute you, you are out of here if you are illegal alien. you are done. if you come back, it's 10 years. if you come back after we deport you 10 years. >> and it's on the books. reentry after deportation. >> bill: they don't enforce it? >> we did contact.

>> bill: we have been reporting, as i said, these crimes for 12 years. where it's usually dui's, 15 dui's keep letting them out and letting them out and they kill somebody. this guy is arrested for rape and they let him out and he murders somebody. i mean, you can't, you, the federal government, cannot continue to do this. >> he went there looking for his wife at his birthday party. we believe he is from mexico. >> bill: we're going to get in touch with ice at the highest level. napolitano and ask for answers. we have that report as a follow-up. all right, ladies? next tuesday a follow-up. if janet napolitano doesn't cooperate. we will let you know. we like her. we believe she will cooperate, okay? next tuesday we will find out. in a moment charles krauthammer will wrap up this very intense political day with thoughts about herman cain and the election tonight.

charles, after these messages. ú [ male announcer ] you love the taste of 2% milk. but think about your heart. 2% has over half the saturated fat of whole milk. want to cut back on fat and not compromisen taste? try smart balance fat free milk. it's what you'd expect from the folks at smart balance.

>> bill: back of the book segment. bring in charles krauthammer from washington. first of all, do you think the cain campaign can survive? >> i think it can but it won't be easy. it's going to require repeated exertions like the one today when cain had his press conference. it's a high wire act. i think today he crossed the wire just about intact. i think he made one mistake. that mistake is to blindly to blame it on what he called the democratic machine. you can't go around making charges if you don't know if they are true or not. remember, last week his chief of staff on the "special report" blamed the perry campaign. and they had to sort of walk that one back. >> bill: didn't walk it back

last night, charles. >> under attack himself and saying he is the subject of unsubstantiated charges. should be a little bit careful about attributing that on the substance i thought he defended himself in a way that was rather effective. >> bill: it was authoritative and if he is telling the truth, i mean, he certainly put the other side on the defensive. because he said flat out didn't do anything wrong and it's bogus and didn't know this woman who came forth. last night i had all the republic presidential contenders on the radio and cain did not walk it back. he said he is convinced perry campaign began this cycle and now he believes that he is being piled on. that every opportunist in the world is coming out of the woodwork for whatever reason because it's an easy play. and it is. the media can't get enough of this story. we have done all kinds of studies on how the media is covering the cain story as opposed to the john edwards story. as opposed to bill clinton story in the 1990s and it's

just astronomical. cnn is making -- they have turned it into the cain network. it's the cain network now over there. and so, you know, herman cain has got a really, really tough road to hoe because the establishment republicans as you know weren't on his side to begin with. >> yeah. but the establishment republicans are not the ones behind this. in fact, as you said, cain himself isn't even sure who it is. is it the per dr. campaign? it's not a democratic machine. it's one or the other. i think you should stop throwing out accusations and talk about the substance. as you said at the top of the show. this is a situation that is inherently one that you cannot adjudicate because you don't know if it will survive the day. it requires humility. because you can't know you have to have sympathy with all sides even though it requires illogical gymnastics since you know one side or the other is lying. since we can never know in principle. at least you ought to have

some my mill at this in not judging the players here. >> bill: you are talking to the audience now, correct? >> i'm talking to the audience, you mean the electorate. >> bill: all right. you are saying that we should all step back because nobody knows what happened? >> as a responsible citizen -- as a responsible human, look, all of us in a sense are on a jury in this case. except that there is no way of knowing what actually happened. in a case lick that, we should exercise some intellectual humility and some human sympathy. we don't know and we shouldn't throw stones. >> bill: that's not the country we live in now. i'm saying this because i respect my audience more than any audience on the face of the earth. we live in a country where instant judgments are made based on nothing and people are destroyed. and obviously some people want to destroy herman cain. you know, they want to destroy him. >> all of these people came out 15, 16 years after the fact. want to destroy the man. they know he is going to be destroyed.

they know his family. being everything. they don't care. they don't care. >> but it's one thing to say there are people who want to destroy him and another to say the democratic machine, when you don't know that. >> bill: no. i agree with you. i wouldn't have put that out either. the ohio walk back on the union restrictions. that will probably pass because of the big money injected into ohio. that's an obama victory, right? >> it is. it's a union victory. they are outspending the opposition three to one. i think there was some tactical mistakes that ohio republicans made that, for example, in wisconsin was not made. wisconsin very cleverly excepted the police and the firemen from these restrictions and in the absence of that, they scored a victory. in ohio, the opposition to this restrictions on government employees, the opposition ran an add where a grandma was saying that her grandchild had been saved by the fire.

>> bill: the firefighter get laid off. >> that's an effective ad hard to counter. >> bill: see you at 11:00. how you can help the troops this holiday season. right back with that. the markets never stop moving.

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corresponding copy to the folks overseas with the help of operation shouldbox, a fine charity out of florida. if you become a premium member, you get killing lincoln absolutely free of charge, an excellent deal. in addition, we posted some viewer comments about killing lincoln on billo'reilly.com and thit's very interesting and enjoyable. you migh might want to check tht out. that's it for us tonight. please check out the fox factor website. we had the talking points memo which features herman cain, his defense, very passionate defense today in arizona. we have that on the talking points memo so you might want to access it there. we'd also like you to spout off about the factor from anywhere in the world, and the address is o'reilly at fox news.com. the word of the day,chimera.

please always remember the spin stops here. we're definitely looking out for you. >> good morning, everyone. it's november 9th. herman cain ain't backing down. he says he knows who is behind the allegations at least this week. >> the fact is these anonymous allegations are false and now the democrat machine in america has brought forth a troubled woman to make false accusations. >> gretch? >> now that woman and the rest of cain's accusers may be calling a press conference of their own all together. details straight ahead. >> big labor getting a big victory in ohio. overturning the state's union law. and in mississippi, life does not begin at fertilization