tell us what you think of the graphics. that's it for this "special report." fair, balanced, and unafraid. night. "the o'reilly factor" starts now. >> bill: "the o'reilly factor" is on. >> bill: are some of america's college students screwed up they don't understand child rape is unacceptable? we will update you with what's going on. >> would you sign that death warnlt for an american citizen overseas who you believe is a terrorist suspect? >> he is not a terrorist suspect. he is a person who was found guilty under review of actively seeking the death of americans. >> bill: newt gingrich scolding cbs news anchor scott pelley. was that necessary? and is mr. gingrich correct in his assessment? bernie goldberg will analyze. >> what's the first word you think of? >> brave.

>> bill: abc diane sawyer does the first interview with wounded congresswoman gabriel giffords. ms. sawyer will be here this evening. 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. joe paterno and doing the right thing. that is the subject of this evening's talking points memo. all americans should be horrified and a bit sad by the situation unfolding at penn state university. 84-year-old legendary football coach joe paterno has been fired after 46 years at penn state for failing to take aggressive action against one of his former assistants whom a grand jury has indicted on 40, 40 counts of child sexual abuse. paterno says he notified college officials when he was told. jerry sandusky was seen molesting a child but he did not call the cops. and the coach should know that

is unacceptable. very simple. if you see or you hear about any child being physically abused in any way, you have an obligation, an obligation to aggressively protect that child. that means that penn state assistant coach who testified he did see the 67-year-old sandusky molesting a little boy in a locker room shower should have immediately stopped that abuse, walked in, and prevented sandusky from doing any further harm. that's what mike mcqueary should have done. but he did not. he reported the incident to paterno. and nothing was done to sandusky. disgraceful. penn state university has finally done the right thing by cleaning house and sending a message to everyone, protect the kids or you are out. what about these moronic students who caused a near riot objecting to paterno being dismissed? i mean, what is wrong with these people? do they have no sense of decency whatsoever? sandusky, paterno and the rest

of them are innocent until proven guilty but eyewitness testimony in front of a grand jury is enough to force responsible people to take action. the fact that sandusky was given $100,000 bail and no ankle bracelet is also a disgrace. and now we find out that the judge who did that, leslie dutchcot worked as a volunteer for sandusky's charity. she should have immediately recused herself from the case. what is wrong with her? the bigger picture here is that child molesters, rapists, are the lowest form of human life. we all know that you may remember the factor went on a huge campaign to have jessica's law pass in all 50 states. pennsylvania has a watered down version. a 10 year mandatory sentence for child rape first offense. if you do it again you get 25 years. that's ridiculous. why give a child predator a second chance? so far six states have not passed jessica's law. hawaii, illinois and vermont are progressive situations.

states that do not like to make judgments about evil. new jersey, idaho and colorado are simply inexplicable. in 2008 jesse watters confronted jon corzine then the govern of new jersey. >> we want to know if you support jessica's law 25 year minimum child rapist. >> we have one of the toughest laws in new jersey and we are the ones that started this movement and i support those laws. >> you guys have 25 mandatory minimum for child rapists? >> we have what megan's law, which actually started this whole movement. so i don't know how it matches up exactly with that but we have one of the strongest set of laws in the country. >> i'm not sure finance f. it's the mandatory minimum though sir with all due respect. >> that, i can't tell you because i wasn't prepared for the question today. >> bill: corzine simply was prepared, period. he did nothing, nothing to get jessica's law passed. now that chris christie is in charge of new jersey, we hope that situation will change. there should be no second chances for child rapists and

no quarter for people who do not act aggressively against them. joining us from fort worth texas janine turner in for mary katharine ham this evening. and from washington fox news analyst juan williams. what say you about this, juan? >> bill, stop the presses. you and i are exactly on the same page. i mean, i thought to myself earlier as i was listening to the talking points, if you said the death penalty, i think i would have a hard time making an argument against you. i just think child predators are the lowest form of any life and the damage they do to people is incredible. now, over the weekend, some people were saying, well, aren't they hard on joe pa turn know? i just don't get it you know, mike mcqueary, who should have acted instead of calling his dad, he should have called the police right away and he should have stopped. >> bill: he should have stopped sandusky. he is in the shower room, i want everybody to know. this is according to grand jury testimony. mcqueary is in the shower room, sees this guy, sandusky, with, what, an 8-year-old, a

10-year-old boy? >> right. >> he goes and he calls his dad as juan just referenced. what? you go in and you stop the guy. >> well, so all i can think -- remember, this is 2002. then he tells paterno and paterno says he goes up the food chain. >> bill: yeah, he tells the athletic director. >> correct. >> bill: they all get what they have coming to them. but, janine, when you see those kids at penn state, then demonstrating in favor of paterno and overturning cars and doing all this other thing, how did you process that? >> well, america is so -- it disturbs me the way america is so infatuated with football that the lines of reason and moral integrity in this country are getting blurred. it's a value system. really, if you think about it, it starts at the top. i mean, if paterno wasn't going to take it seriously and the heads of the school weren't going to take it seriously, then why should the kids take it seriously. >> bill: there is more to it than that. i don't think the kids were saying well, you know, we had

anything to do with this. because obviously the kids didn't. but the fact that they would go out in the street and demonstrate about a story they don't know anything about, okay, these kids, in favor of paterno, it's disturbing. it's disturbing to me. >> but they would know something about it if paterno had taken it seriously and actually taken an action. i mean, it's amazing to me that he wouldn't have -- when he heard about it, because he is the legendary figure there. >> bill: i did what the guide book tells me to do. >> that wasn't enough. >> bill: now he is paying the price. >> there is the law and moral integrity. the morals of this country are askew that football has become so big that -- even the janitors. even the janitors were afraid to say something at the institution. >> bill: i don't know if it's about football so much but it's about a syndrome, juan. and the catholic church is the greatest example of this. we saw time and time again in the church that the bishops

and the cardinals put the church's reputation above the welfare of children. they said you know what? if this gets out the catholic church is going to be hammered. because we the catholic church do so much good it's probably good to keep it down. that's what paterno is doing oh my god here we have the penn state football program that does so much good this and that we have got to keep this kind of quiet. i think that's what's going on,juan. >> yeah. i think that's right. and i think that when you talk to the kids, and i did talk to two kids on your show last friday, you know the kids are saying stuff, oh, joe paterno opened up a building here, a chapel here. he is good old joe paterno and somehow excuse what is morally inexcusable because as we said earlier it was 2002 and nothing was done. he allowed sandusky to back into the locker room area. to travel with the team bowl

appearances to bring children with hill. as impassioned and angry as i am. i know you are too. nothing has been decided. we don't want to jump the gun here. >> bill: we are not convicting anybody, even sandusky of anything, but we are going by sworn testimony in front of a grand jury. >> right. >> bill: janine, you say football, the football culture is responsible for this. but i think it's a moral failing on the part of many individual americans who just don't understand how heinous this crime is. what is the excuse in these six states who refuse to pass jessica's law? what in god's name is preventing them from doing that, janine? >> well, i don't know. it doesn't make any sense. it's just like the mother who say her son came back with sandusky when they both had been in the shower and both their hair was wet and she couldn't believe that mcqueary as you said earlier wouldn't step in. it is disturbing. i don't know if it's the message that is sent across

television these days. >> bill: it's an apathy. no doubt in my opinion. apathy on the part of many of us that we don't want to get involved no matter how heinous it. >> inability to put themselves in that child's place and have empathy. like some kind of shock. >> do you think bill he was afraid for his job that mcqueary was afraid. >> why would he be afraid for his job? he shouldn't be afraid for his job. >> bill: we don't want to speculate about the case. we want to take what we have on evidence. i want to run. janine as always, thank you. juan. next on the run down, big shakeup in the presidential presidential race. carl rove have some thoughts. diane sawyer has interviewed gabriel giffords. she will be here with a preview of that chat upcoming.

sort it all out karl rove who joins us from phoenix, arizona. mr. rove, as far as the g.o.p. is concerned. what's the most important thing that you have seen in the last few days? >> i think the most important thing has nothing to do with the republic field per se and that is the cbs news poll that said the president's approval on the economy, which is going to be the number one issue dominating the next 13 months, that his approval rating was

34% favorable, 60% unfavorable. and among those that felt strongly about it, 41% of all voters felt strongly disproving of the president. that's a pretty strong number. >> bill: okay. now you know and we have brit hume coming up behind you. that part of this occupy wall street movement was to set a scenario that it isn't the president's fault that the economy is faltering. that it's the fault of wall street and the bankers and the greedy 1%ers who are oppressing everyone else. it's not mr. obama's fault. he wants to change that that's his theme. that's what is going to go forward and the occupiers have now planted that seed in a very explicit way. you think that has any chance of working? >> well, it has a chance of helping. but i don't think ultimately it's going to work. first of all, people have watched the president with a democrat congress in 2009 and 2010. get everything wanted to do. listened to promises about what the stimulus would do.

about what health care reform would do. about budget increases that he was fighting for. all of which he got. what dodd frank would do and so forth. and the economy didn't improve like he said it would. now what is the president asking for that americans think will actually make a difference? this new stimulus bill has not drawn strong support from the american people it's drawn anemic support. it's not helpful to the president. >> herman cain has lost a little steam. newt gingrich picks that up. you see, whenever a conservative candidate gets into a little bit of trouble and does poorly. then a little portion of their support goes to another conservative candidate. we have been seeing that since the rise of michele bachmann last summer. tonight, greta van susteren has an interview with mrs. cain. and i'm looking forward to seeing that. who is going to stick up for her husband and going to say, listen, this is all politics and there is nothing to it. not the man i know. that kind of a thing. if herman cain with ride out

the next week without these people harpooning him in a way that matters. they can't keep saying the same stuff over and over. they have to advance the story. he can come back. does that impact on newt gingrich? mitt romney stays the same in all polls. >> i disagree. mitt romney has moved ahead slightly. newt gingrich has moved up some. in fact, i think it was nbc "wall street journal" each of them had moved up a points. i do think this about mr. cain if can ride it out for a week the topic may turn elsewhere. substantial damage will have been done to his prospects because the doubts will remain. the women will linger in the background. the thought of four women stepping forward and saying things general election that they were unable to say in the primary will still be there. the thing that could end it and bend curve back up third

party evidence what he is saying is true. his wife with all due respect to her is not going to be able to provide third party evidence. the reports that were done by the national restaurant association at the time of the two original incidents that the american people learned about, that might be the release of those if they did exonerate him would begin to bend the curve up. otherwise, i think what we are going to see is a steady small significant and decline of his status as people maul over the aspect of herman cain at the head of the ticket and four women potentially ready to step forward and say in excruciating detail what they think happened. >> they are being run by opponents of the republic party and we all know that now. you are right a specter of them continuing to raise it. this is a nasty part of the american political scene where anybody at any time can be attacked destroyed, harmed, whatever it may be.

put on the defensive was it always that way in american politics? your a student of american history i'm a student of american history. it got that way in john adams days. >> my favorite is john adams and thomas jefferson. >> bill: the difference now is the internet and the cables and it's all over the place. >> the immediacy of it. goes back to the original mistake that the cain campaign made. they knew for 10 days or two weeks this was coming and failed to get ready. >> bill: i don't think they knew. >> well, but that's the point. they should have known. first thing to do is find out the facts. get an attorney. have them sit down with the attorney for the national restaurant association and say what happened? we have been talked to, the "new york times" talking to us, reporters are talking to us about two women who supposedly with the national restaurant association herman cain remember what happened. tell us what happened to the extent that you are allowed under the agreement. and they would have at least then been able to prepare a

better response. the difficulty here is the changing responses. there is nothing -- this is just a smear by political opponents. i don't remember anything about it. now i remember something about it. it wasn't a settlement. it was an agreement. you know, i couldn't remember what she -- what i said to her. now i can remember. all these things are what eat away at people's confidence. >> bill: it erodes. all right. mr. rove as always, thanks very much. last call to vote in our bill o'reilly.com poll. we are asking will the herman cain trophy hurt his campaign in the long run yes or no? please vote on bill o'reilly.com. we will give you the results tomorrow. directly ahead, cities across the country begin cleaning out the occupiers, even in crazy left oakland. protesters are being booted. we will have the update. later diane sawyer interviewing gabriel giffords. ms. sawyer will be here and those reports after these messages.

>> bill: police in oakland, portland, oregon, new york have began cleaning out the occupy wall street protesters. in oakland more than 30 people were arrested just today. but there has not been much violence, thank god as police order the occupiers to leave. polls show most americans have turned against the movement but some liberal media continue to promote it as healthy for the country. joining us now from washington fox news analyst brit hume. the progressive vision. that was op. ed in the "new york times" and the occupiers are leading this brave new world that we are all going to experience. brit. what say you? >> i read that piece you are talking about. it was columbia university professor's wishful thinking that was so kind of to me fanciful that it bordered on romantic, professor sax, noted

liberal academic. his idea is some liberals had when this occupy wall street movement began this will be the great battery of energy that will power our party and ideas back to power. and i don't think it's worked out that way. >> bill: when you have jean kwan, the mayor of oakland you don't get any more left wing. they have got to get out of here, they are destroying the city. i think it's over. as i asked karl rove. this was organized campaign in the sense that it gives president obama cover in the sense that he can say, listen, not my fault the economy is tanking and your life isn't as good as it might be. it's the fault of these people. and the republics won't help me defeat these people, the 1%ers, the banks, the wall street guys. that's going to be their theme, they being the obama

people next year. i'm wondering whether some folks are going to buy that. >> i don't think it helps the president and the democrats if this is going to be their theme to have it simultaneously articulated by a group of street protesters whose operations have been shut down by not at all conservative municipal officials because of squaller and silence. occupy wall street is a definitely debt minus for the democrats. if this is their net minus for the agenda. >> bill: i think the polls absolutely show that. but gussied up in a different way, the class warfare thing does resonate in some communities, there is no doubt about it in my opinion. now, the media research center is a conservative watchdog group. they did some very interesting studying of the morning shows. cbs, nbc, and abc they say that the morning presentations are still very pro-obama.

very, very sympathetic to his message. so my question is, is it going to matter this time around that the network news, the morning programs are really going to get on his train again? will that matter? >> well, it will help him. having these network morning news shows, which reach a lot of people. basically doing sympathetic coverage is helpful. but my -- bill, i think these kinds of things, while they can have an effect. are going to be overwhelmed by the public sentiments about issues such as you talked about in the earlier segment in with karl rove on the economy and other major issues. these are the big things people are experiencing. overwhelming disapproval rates among independents and for the president on the economy. the big issue. so these things, i think, are the driving -- the main driving factors in this election cycle. now, if the economy were to improve or some other intervening event might occur that might change that that's not the way it looks now.

>> okay. there is only about a month and a half to go before iowa and new hampshire kick in. we got more debates coming up. but, quite frankly, i think most people have tuned out of the debates at this point. just a hard core political people and you and me. we get paid for. and we really need races, don't we, hume? >> we need to be watching the cbs news debate. that's what we needed to be doing. >> you know, with thanksgiving and christmas, and then right in, it looks to me like, you know, people are going to have to make up their mind in the next few weeks. just going to have to do it. >> well, certainly somebody is going to win iowa. whoever that person is will get the custom bounce. it's a very big bounce from winning iowa. immediately had people saying barack obama was going to win this nomination in a walk after winning iowa. then he new hampshire. notable for lack of respect for frontrunners.

we don't know how that is going toly out. when the people start voting, the the atmosphere is going to change. sentiment will harden and we'll begin to see something that really matters. these things are happening now. poll sentiment is soft. we'll know a lot more then. >> bill: whoever wins iowa will be up against romney. if he doesn't win new hampshire i will be shocked. >> if he doesn't win new hampshire he will be shocked. >> favorite son. >> not in a good way. >> bill: my best selling book "killing lincoln" coming under fire from the forces of darkness. we will fire right back because president lincoln would demand that he would want that bernie goldberg on newt gingrich slapping down cbs scott pelly. that will be interesting. hope you s s

>> bill: personal story segment tonight. on january 8th of this year

congresswoman gabriel giffords was shot and wounded. six people died in that incident and jared loughner has been charged with murder. jared loughner is speaking. joining us from the studios diane sawyer exclusive interview air tonight on abc at 10:00. how far has the congresswoman come back, ms. sawyer from your observation of her. how physically is she back. >> i met her two weeks before we sat down. and the difference i could see in her in just two weeks astonished me. her doctors proclaim it a phenomenal learning curve. she has words. she can talk. she understands what you are saying. at times she is funny. and most of all, everyone we talk to and, again, she gave us access to the whole professional medical team around her said that the plateau does not exist. she can keep going. >> bill: good. physically, she is impaired a little bit. you can see it in her proovments. >> yeah. she has been working that so

hard. >> bill: physical therapy can overcome almost everything. mentally, is she halting in her speech? was she -- is she on it? >> you know, it's as if you can see her communicating to you through her eyes while she is spending the time to get the words she wants to say. and her husband says the thing he most -- wants the most is for her to have the full sentences, the connected sentence. she practices questions. who knew what you do every day asking a question is a very complicated event if you have lost little words because the bullet has simply eradicated little words like what, the, when, you, and she is practicing every day. she asks her therapist to give her homework because she wants to keep going. >> bill: we have a short clip to show you the congresswoman. roll the tape. >> what's the first word you think of? >> brave. >> brave. >> thank you. >> that's what i think of when i think of you too. >> thank you. >> brave and tough.

>> >> so what i get from that clip is that she understands everything that you present to her. almost instantaneously. it's not like talking to somebody is having trouble grasping what the question is or what the atmosphere is. she gets it immediately. but then to give it back and to articulate what she wants to say takes her a little bit of time. >> it takes her time. she continues on after this by the way and says tough, tough as nails. and she surprises you all the time with what she can say in full sentences. at one point he is saying how many times did i take your ring into space and she says two or three times. >> she still has full memory of her -- the events of her life. >> how does she process the attempted assassination that took the lives of six other people? how does she process? was she able to articulate

that to you? under doctor's advice tell her she had been shot. didn't want to tell her the full scope of the tragedy until she had some words to cope with it. he was reading out loud to her in the newspaper didn't know how far she had come in being able to follow along with him and he skipped a paragraph. she went no, no. that one, that one. and that's how he had to tell her that six people had died and 13 were wounded. >> bill: including one of her close friends an aide that worked with her very closely. how did she process that? was she able to talk about that in any kind of an emotional way? >> what you see is the intense depth of an emotion when there are no sufficient words to express it. in that moment she absolutely expresses it. you can see it and her husband says she moneys in -- moans.

>> bill: i wonder if she is angry with this guy. >> no. she is not angry. >> bill: i would be. >> she says life. she knows that he was mentally ill. and she says life. >> bill: she is going to do what in the future? hope to get back into congress? >> she is absolutely aware of the distance she has traveled but the distance she has still got to go. and she says to us that she will know when it's time whether she is better enough and she will make the decision and let everybody know. and, again, everybody around her says make no mistake, she knows and she will make this decision herself. >> bill: thanks very much. your program is on this evening on abc. when we come right back, bernie goldberg on the newt gingrich scott pelly back and forth saturday night. and then killing lincoln with

a million copies in print. the book is now under fire. moments away.

>> bill: thanks for staying with us. i'm bill o'reilly. in the weekdays with bernie segment tonight, there were two interesting reporter exchanges over the weekend. first one at the republic debate where cbs news anchor scott pelly challenged newt gingrich about killing terrorists. >> speaker gingrich, if i could ask you the same question. as president of the united states, would you sign that death warrant for an american citizen overseas how believe is a terrorist suspect? >> well, is he -- he is not a terrorist suspect a person found guilty review of actively seeking death of americans. >> not found guilty by a court. >> found guilty by a panel who looked at it and report to the

president. >> it's not the rule of law. >> bill: all right. we will hear mr. gingrich's answer complete answer to mr. pelley in reality check coming up in the next segment. first joining us from miami purveyor of goldberg.com mr. goldberg. a lot of people thought, including brit hume that scott pelly betrayed his bias there that he thought that the criminal court should take care of this that washington shouldn't have the power to obliterate people on a secret panel's that they are dangerous people. i think pelley did betray a little bit of his belief what say you? >> i have been following this debate all day today. there are a whole bunch of people who i respect tremendously, whose political opinions i respect and whose intellect i respect. and, ma'am, i'm just on the other side of this one. what did scott pelly do what that was wrong?

he asked a question if you were president, mr. gingrich, would you sign off on killing a suspected terrorist who was an american who is overseas? and who hasn't had a trial? has not had a trial? gingrich said yeah, you don't need a trial. if a panel has found you to be an enemy combatant, you don't have any civil rights, you have no right to a trial. we can kill you. and pelley says, what? he says -- you haven't been found guilty in a court of law. i'm trying to figure out where does scott pelly cross the line here? >> bill: i think because he said the rule of law, not a court of law. basically implying that if you agree with speaker gingrich that you don't have any use for the rule of law. look, the courts have decided at least on the lower courts the president has the power to order these assassinations, attacks, whatever you want to call them, that he can do it, all right? that's already been adjudicated in the legal

system. that's what gingrich is grasping at. he says, look, this is the way the system works. it's been defined by the courts. now, i think it should be defined by congress and so there is no doubt about it. that's what my belief is but pelley seems to think it is a violation of rule of law because that's what he says. >> well, he may be right, you know. i got off the phone just minutes ago with judge napolitano, somebody who is pretty knowledgeable about things like this. and he says it absolute best it's unsettled law. and, frankly, according to judge napolitano, you are allowed to go in and kidnap a suspected american terrorist if he tries to kill you you are allowed to kill him at self-defense. allowed to bring him back to a federal court. you can't just go out and kill him. i'm willing to accept that it's unsettled. but i'm still trying to figure out why all my conservative friends who i have tremendous

respect. i have tremendous respect for newt gingrich. i'm trying to figure out what rule did scott pelly break here? a moderator is supposed to ask questions. he asked legitimate question. he asked follow-ups. gingrich brought up the term guilty. gingrich said guilty. you would have said not guilty in any court of law. >> bill: i don't know whether i would have said that. >> to explain his position. >> bill: based upon the aclu lawsuits and others that have been slapped down because i would have gone by the unsettled deal. courts have not set you can't do that. and so that's what happened. all right. we got another one. cnn correspondent dan lothian. he is interviewing president obama in hawaii. go. >> last night at the republic debate some of the hopefuls, they hope to get your job, they defended the practice of waterboarding, which is the practice that you banned in 2009. herman cain said, quote, i

don't see that as torture. michele bachmann said that it's, quote, very effective. so i'm wondering if you think that they are uninformed, out of touch, or irresponsible? >> that's a multiple choice question, isn't it? [ laughter ] let me just say this. they are wrong. >> bill: all right. so, a lot of people say look, the cnn reporter sympathetic to president obama's point of view by baiting him that way. you say? >> well, look, when i first saw this, i thought it was a "saturday night live" comedy routine. are you kidding? i mean, a reporter from a major news organization asking if republics are uninformed, out of touch, or irresponsible? president obama even looked embarrassed by the question. it looked like. >> bill: he look at little perplexed. >> during that pause i thought he was going to say hey man, listen, i know you guys love me and for good reason you

love me, but this is embarrassing. look, i have -- i have followed this for decades. and i don't think i have ever seen a case so unvarnished in terms of bias as this. i have said on this program more than once, bill, i have said on this program that bias is rarely blatant. this is jaw droppingly blatant. >> bill: the only escape hatch that mr. lothian has if s. if he was going for this big reaction. he wanted to provoke mr. obama to say these people are pinheads. >> he has no escape hatch. that was the most ridiculous question i have ever heard by a regular reporter from a so-called mainstream news outfit. ever. >> bill: thank god. i think some of mine have broached that territory. i'm glad he topped me. bernie goldberg, everybody. reality check on deck. newt gingrich scolding scott pelly as i mentioned. killing lincoln. under fire from forces of darkness. check is next.

>> back of the book segment tonight, reality check and we begin with newt gingrich getting a little teed off as i mentioned with scott pelley, the debate moderator over whether terrorists should be afforded constitutional rights. mr. pelly believes drone strikes on suspected terrorists are illegal. mr. gingrich says they are permitted. >> it is the rule of law. [ applause ] >> that sex police sitly false. it is the rule of law. if you engage in war against the united states, you are an enemy combatant. you have none of the civil liberties of the united states. you cannot go to court. civil defense, criminal defense is a function of being within the american law. waging war on the united

states is outside criminal law. it is an act of war and should be dealt with as an act of war. the correct thing in an act of war is to kill people who are trying to kill you. >> bill: as mentioned recent court rulings went with newt gingrich. he is on stronger ground than scott pelly, i think. but shouldn't congress, shouldn't congress define the enemy combatant concept into clear legal language? come on. we are fighting worldwide terrorist threat that doesn't acknowledge any rules whatsoever. they kill anyone. they do anything. it is long past time to formalize our response as a country. and congress should do that. check 2. on the subject of military action, mitt romney got a question about iranian nukes on saturday. >> how do you prevent them from obtaining a nuclear weapon? is it worth going to war to prevent that? >> well, it's worth putting in place crippling sanctions. it's worth working with the insurgents in the country to encourage regime change in the country. and if all else fails, if after all of the work we have done there is nothing else we

can do besides take military action then, of course, you take military action it is unacceptable for iran to have a nuclear weapon. >> bill: very strong statement. check 3. attacking "killing lincoln" you may remember a few years back the dishonest al franken tried to discredit me by saying i lied about my upbringing, that i was not raised raised in leavitt town, new york. my book documents my history and proves franken a liar. now we have attacks on my new book "killing lincoln." the "the washington post" says the bookstore at fords theater in washington where lincoln was assassinated is refusing to sell the book. that's not true. a statement released by the director of the ford's theater society says, quote: i am sure many of you read the article in this morning's post, bill o'reilly's book banned from authored's theater. i write to clarify the misinformation. the bill o'reilly book "killing lincoln" is available in our shop and has been for the last several weeks.

unquote. unfortunately the statement also says there are inache rath arrests in the book. well, in 325 pages, there are four minor misstatements, all of which have been corrected. there are also two type setterrers, one involving a date. that's a pretty good record. even for nitpickers who want to hurt the book. we vin varietied the historian who works at the ford theater on the factor. i would love to talk with her. also, of the lincoln library in springfield, illinois has invited me to do a book signing out there. trying to work that out. by the way there are no more than 1 million copies of "killing lincoln" in print and the book continues selling well. we will understand our enemies are full of rage about success. we also know the media lies at will these

charities. many of which are posted on bill o'reilly.com. as you may know charitable giving in america is down more than 6% since 2007. but every penny i get from the web site is donated and that's why we constantly tell you about our great deals. spend more than 25 bucks on gifts, you get the fabulous restore the u.s.a. bumper sticker free of charge. become a bill o'reilly.com premium member. the no spin elves are standing by. and that is reality check. pinheads and patriots on deck tonight starring justin timberlake. p and p moments away.

>> pinheads and patriots starring justin timberlake in a moment. first. it said joe paterno was fired i hope we all learn from this, and so do i, james. >> dr., as you've seen in your own town, many of these people are very troubled. alex from fort worth, texas. >> well, here's how our program works. when you buy a copy of the book on billoreilly.com, my publisher

don't natures another copy to the troops overseas. operation shoe box out of florida sends the books. shoe box needs donations and we have forecasted their address on our website. we hope your husband gets one. and from mexico. >> i have been south of the border many times but the things you should change before i could go back, but i'm glad you like it, though. those premium tickets are sold out, joe, but i'm going to send you and your son a backstage pass. in atlantic city on november 26th but they remain. they will sell out. it will be a funny, great night. and pinheads and patriots.

finally. timberlake showed up saturday night ironically in richmond, virginia, much to the delight of the corporal. there she is and the marine corps in general. since the actor is very busy, that was a nice thing to do so timberlake is a patriot. please check out the fox news factor website. we have explosive talking points tonight on the child stuff at penn state university. go there and access the talking points memo. o'reilly at foxnews.com. the word of the day. don't be mawkish when writing to the factor. it's not fashionable to be mawkish.

i am not. please remember the spin stops right here. we are definitely looking out for you. >> good morning, everyone. thanks for sharing your time with us today. it is tuesday, november 15th. i'm gretchen carlson. we'll start this morning with a fox news alert. police move in overnight storming new york city's zuccotti park telling wall street protesters to get out or go to jail. dozens under arrest. we have all the latest developments. >> and it's either the comeback kid or the flavor of the week. new polls send newt gingrich soaring to the top. will he be able to stick around? >> new jersey governor chris christie lashing out at his own party. >> i think anybody who underestimates the president over the next year underestimates him at their own peril. >> that's