all back tomorrow "studio b." 3:00 eastern time for another fox report tomorrow night. for the journalist of fox news. i'm shepard smith. analysis and opinion begin now. with mr. bill. o'reilly factor is on. >> you killed mine, god damn it now i have got to kill yours. >> shepard: now the trayvon martin is becoming a dangerous racial situation. >> permanent justice. arrest zimmerman now. >> bill: but today new evidence is coming forth that shows there was a physical confrontation involved before the teenager was shot dead. we will have the facts. >> stop lying. i said he was the worst republic to run on 00 issue of obama care. come on, man. what are you doing? >> bill: rick santorum scolding a "new york times" reporter and even swearing at him. >> it's bull [bleep] >> bill: brit hume will analyze that.

[chanting] >> we love obama care. >> bill: the supreme court begins hearing arguments on obama care even as most americans believe it is unconstitutional. we will have the latest on that explosive story. >> care for every family. >> 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. the trayvon martin case takes an even more intense turn if you can believe it that is the subject of this evening's talking points memo. last week we told you the factor would not try this case on television as other news operations are doing. you may remember that we showed restraint in the duke lacrosse rape case and we were correct while most other news organizations were guilty of irresponsible reporting and

ultimately proved wrong. we have to examine the trayvon martin situation because it's now a nationwide story. today there were rallies planned for at least 12 american cities all of them in support of the slain teenager and his family also a new cnn poll 73% of americans believe the man who shot george zimmerman should be arrested. he has not been. because he is claiming self-defense saying he was attacked by the 17-year-old fox tv station in orlando recently says he witnessed the con problem station,. >> the guy on the bottom ohio believe had a red sweater was on was yelling help help. i told him to stop and i was calling 911. when i got upstairs and looked down, the person that was on top beating the other guy was the one laying in the grass. and i believe he was dead at that point. >> bill: the factor was not been able to confirm that zimmerman was wearing a red sweater but his lawyer is pounding the same theme. >> george zimmerman suffered a broken nose, an injury, a gash

to the back of his head. grass stains on the back of his shirt. he claims that trayvon martin struck him and he went down and he was acting in self-defense. >> bill: well, according to the sanford police department report george zimmerman did have a bloody nose and a wound on the back of his head. apparently the police do believe there was some kind of physical confrontation between zimmerman before -- and the young man before the young man was shot. now, the reporting on the case has been hysterical in some precincts once again msnbc finds itself in a controversy. >> we came for permanent justice. arrest zimmerman now. that's what this rally is about. >> trayvon represents a reckless disregard for our lives that we have seen too long and we come to tell you tonight enough is enough.

>> how on earth can al sharpton go there and be an activist and stand with parents and ask people to contribute money and he went to the justice department with the parents of trayvon martin and then he does his show and then he speaks at the rally again. >> he is covering himself. >> he is covering himself. >> how can msnbc allow that? >> it is a little hard to see how that is possible. >> bill: but it is possible. other news agencies agencies hao crossed the line in the case. very liberal tv critic eric dagans who works for the "new york times" has acknowledged that zimmerman is not being treated fairly. >> he has a side. is he going to feel like he can talk to nbc or msnbc and be treated fairly when one of their signature temperature on air personalities has spent weeks talking about how he should be arrested and he should be in jail? i think that's a real conflict. >> now, just so you know mr. deggins is an active civil rights so his opinion.

>> you kill mine god damn it i got to kill yours. >> black power. >> by next week, we are looking forward to getting $1 million for the capture of george zimmerman. we're going to force our government to do their job properly and if they don't, we will. >> bill: now, as talking points has been saying every fair minded american should want yuivel in the case if zimmerman acted with disregard he should be held accountable. that must be proved, proved in a court of law. he called the police department 46 times in the last 15 months. ageivelly looking for criminal activity. even the 911 operator told him to back off in the trayvon martin situation. the case is worldwide because of president obama who said this. >> my main message is to the parents of trayvon martin you know, if i had a son he would

look like trayvon. you know, i think they are right to expect that all of us as americans are going to take this with the seriousness that it deserves and we'll get to the bottom of exactly what happened. >> bill: well, upon hearing that newt gingrich strongly objected what the president is said distasteful. it doesn't matter what he looks like. any american of any background should be safe. >> period. we should be horrified no matter what the ethnic background. if it had been a white who had been shot it would be okay because it wouldn't look like him? that is nonsense. >> bill: talking points doesn't believe he was expressing that at all. as leader of the country the president is entitled to do that. however, he should be very cautious. he referenced trayvon in a son

context but today the associated press is reporting the teenager was suspended from school for drug activity. beyond a doubt this is one big mess. fair-minded people should not be rushing to judgment. apparently there are two sides to the story even though circumstantial evidence indicates a deadly confrontation did not have to happen. but news agencies have a response cketd, morally responsibility morally and professionally to practice restraint in situations like this. one. jacking up ratings is one thing putting people in physical danger is something else. lunatic black panther party is out for blood. they don't care what really happened. they are being prodded, prodded by powerful news organizations. that's disgraceful. and should never happen. the factor will continue to cover this story responsibly, honestly, and we will, we will find out what exactly happened. that's what we did in the duke case. and that's what we will do

here. because that's what fair and balanceside all about. that's the memo. next on the run down, juan williams and mary katharine ham will reply to the talking points and, later, bernie goldberg has written a column on the racial aspects of the florida killing. he will be here as well. we are coming right back. ok! who gets occasional constipation, diarrhea, gas or bloating? get ahead of it! one phillips' colon health probiotic cap a day helps defend against digestive issues with three strains of good bacteria. hit me! [ female announcer ] live the regular life. phillips'. sure. cake or pie? pie. apple or cherry? cherry. oil or cream? oil or cream? cream. reddi-wip us real dairy crm. nothing's more real than reddi-wip.

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>> bill: continuing with leading story shooting death of i have a tron martin. joining us from washington to react to my nalts of the swation mary katharine ham and juan williams. what elsed headline for the story for you today. >> two headlines, one is that the florida law enforcement authorities have now reported in response to it a request from the associated press that martin did not have any juvenile record. the second thing is something you rercheszed in talking points which is that he was suspended now according to the parents. the parents are confirming this that he he was suspended from school after a baggy was found in his backpack that had residue of marijuana in it. so, that's the hard news. i'm going to tell you something, there is news in what you said, i think, tonight in talking points when you said that this man, mr. zimmerman should be held accountable and if he acted recklessly that should be determined in a court of law. i think that means that he, really, should be arrested. >> bill: you can't arrest though unless you have probable cause.

and if, indeed, the police report says that he has bruises on him and a broken nose, mary katharine, the police would have to be very, very sure that because of the complicated law in florida that you know, if you feel in danger you can use deadly force and the guy with the broken nose and all of this stuff as his lawyer contends, the arrest thing isn't as easy as all that. now florida has taken it away from the sanford police and assigned a special prosecutor which i think is exactly the right thing to do. let the florida authorities, the state authorities investigate, and, juan, if they believe that there is probable cause to make an arrest, i'm sure they will. what do you say mary katharine? >> it sounds like what we had is a story with a try tragic end that looks like it did have some mishandling by the police there are a lot of ifs how they went through that investigation and came to that determination. a lot of people say the moment that zimmerman pursued trayvon the idea of stand your ground

being part of it shouldn't exist. he was actually purr side him while he was on the 11 call. >> bill: what are you taking to prove that, mary katharine. what we have on the record is a guy who saw the confrontation, the two were rolling around on the ground. >> no. we have those witnesses as well. the larger part of what this has become is a national conversation. bottom line is national conversation are not about having a conversation. often political litmus tests and tools to get things done by politicians and political activists and often devoid of facts. >> bill: wouldn't you say mary katharine that right now and as far as the public is concerned, we just don't know enough to convict anybody on television? you know, we have to be very, very careful. >> this is the thing. we saw this in the duke lacrosse case. we saw this? the case where the cop came out and turned out to be a totally different person. >> bill: being already convicted there. in cnn i'm not sure where they are.

certainly some inflammatory statements made. on that subject, juan, what do you think of the black panthers going hey, this is what i mean, once you get into this realm, that means zimmerman can't go outside of the house because these guys are threatening him. they're athletic him and people might be sympathetic to his point of view. so zimmerman's life is in danger. >> this is totally -- this black panther, this is totally a distraction. those people are despicable. they are race baiters. that, to me is lowsome. and it does not help. mary katharine said there are people looking to advance some kind of political agenda out of this. you talking talk about people who wouldn't make the news for any reason it would be those guys. my point to you about the arrest situation was this, bill. this kid had no weapon, zimmerman had a weapon. if zimmerman was the one pursuing the kid, he provoked the confrontation. >> bill: it depends, juan. >> having a broken nose. >> you are oversimplifying. i'm not here to be his defense

lawyer. but, zimmerman is a member of the neighborhood watch crew, okay? he is the head of it. >> yeah. >> bill: so his job is to watch the neighborhood. so, if he sees somebody suspicious, he is going to watch them and follow them. that throws that out o. >> no. no hang on. let me respond to that, bill, because, bill, what you have got is a 16-year-old kid with skittles and a can of ice tea. >> bill: he doesn't know that juan. >> know noe reason to think the kid. on what basis is a 16-year-old suspicious, bill? he is walking down the street. >> bill: i'm not interest. i don't -- there. i'm describing what zimmerman's job was. to bolster your side the 911 guy told zimmerman to knock it off. >> correct. >> bill: stop following him. the police robert way. have you done your neighborhood watchdog. back off

>> look, i think a lot of people are responding saying i understand. >> bill: i want to know what you think mary katharine? was that a smart thing to do. >> i think he was going to be asked about it frankly. >> bill: mary katharine, was that a smart thing to do for the president? >> he is not generally good at talking about these things when he talked about skip gates he ended up being very very wrong about that i think it's important for him to be careful about it he is not always careful about it. hold on. >> bill: i'm taking that as a no that's not a smart thing. >> here is the problem. here expectation dictated by the president we all react like al sharpton it becomes a situation where we cannot soberly review the facts. >> bill: was that a smart thing to do for the president to make comments on the occasion. >> smart politically. the fact that he personalized

it. said that he could understand if he had a son how the parents feel. i think americans black and white feel that way. he did no damage here. >> bill: what if it turns out, juan, the opposite. >> what? >> the opposite that zimmerman was protecting himself? what if it turns out to be the very opposite. >> no price to pay. >> bill, i have met your kids, i don't care if your kid is guilty or not guilty. your kid is dead, i'm saying bill, i'm so sorry. >> bill: you just have to show sympathy. >> that's the way i take it as a chief executive officer of the land he has a right to show sympathy. >> sure. is he a human right. >> bill: doesn't have a right to make comment one way or the other about guilt or innocence. >> he said we need to soul search. >> bill: bernie goldberg on growing tension in trayvon martin shooting. santorum directs a swear word at a "new york times" reporter. more on that mommy's away.

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it's a smart way to go. >> bill: weekday ws bernie segment tonight. the purveyor of bernard goldberg.com has brain very provocative column about the racial aspect of the trayvon martin killing. what's the main point in your column, bernie. >> first let me say, bill, i want to affirm what you have said several times that all decent people should want justice in this case and in there is a crime that's been committed, the criminal should be punished. i want to make that very clear, very clear at the outset. but the hypocrisy and sack i have money of the national press and civil rights establishment is appalling. if trayvon martin was shot and killed by another black tacialg, president obama wouldn't have weighed. in al sharpton wouldn't be

holding rallies, the media would not be running this on television for hours and hours on end. and except for his family and friends, we wouldn't even know the name trayvon martin, the reason it's a story and i'm glad it is. trayvon martin is black and the person who shot him is whited if the person who shot him were black, the media would ignore this story the way it ignores almost every other story involving black on black crime. there is a reason for that the reason is liberals in the media like to show good manners. do not like to shine a light. that's how the right wants it because they don't want to air dirty laundry in front of the whole nation. let me give you one example, bill, very quickly to make my point. i bet you virtually everybody watching us never heard the name del rick wayman miller.

delrick wayman miller was a 9 month old black baby asleep on the couch in detroit when the early morning hours just a few weeks ago someone opened fire with an ak 47 and shot into the house 37 times one of the bullets hit and killed the little baby. president obama didn't weigh in on that. al sharpton didn't stir up the nation on that. the national media didn't fall in love with that story why not? the only thing i could think of, bill, is why they made one story into a national story and the other they ignored is because in one case the shooter had light skin and in the other case the shooter had dark skin. >> bill: last week we did a story on the south side of chicago where there were 49 shootings over the saint patrick's day weekend. 49. resulting in 14 or 15 dead. including a 6-year-old girl whose face we did put up on

the screen it was black-on-black crime. generated by gang activity the civil rice people will tell you, al sharptons will tell you. i have had them enough times on the factor to know. this minority community, 13% of the population, black community has to be protected. has to be protected from people of different color and, remember zimmerman is 50% hispanic. has to be protected from them. from the majority who may be racially prejudiced against black people because of the black skin. that's why they do it. civil rights people their mandate isn't to protect african-americans from other african-americans. that's their definition. so that's what they say let me make two points. one, i should have made the first time the shooter in detroit that killed that little baby police think it

was related to gang violence. given it was gang violence in that neighborhood. the shooter is almost certainly black. that's why i say it was black on black crime. you made another interesting point. george zimmerman is half hispanic and "new york times." you can't make this up. the "new york times" refers to him in print as white hispanic. if george zimmerman won a nobel prize for medicine i guarantee you he wouldn't be called a white hispanic. they need the word white in there to further the story line, which is white vigilante kills black unarmed teenager is so what makes the story juicy for the media and what justifies the existence in some cases of niece civil rights leaders is that it has to be black victim, white shooter. if it were anything else, they don't care about it. >> bill: okay.

now, we have a minute left. right, a minute? okay. what would you do with al sharpton if you were the president of msnbc. all the msnbc people answer to the nbc hierarchy, what would do you here? >> good question. they do stuff that's inexcusable. this one, this one would win a prize for ridiculously inexcusable behavior. it's different to have opinion on opinion and not be balanced. i get that but to lead rallies and then do your show from the site of the rally that is ridiculous, you can't do that i think what the president of nbc should have done is to say you can do one of two things, reverend sharpton. can you either talk about this or hold a rally. but you can't do both. so pick one. but they don't do that because they don't care. they don't care about this. this is getting ratings for them and that's all they care about. and it's disgraceful.

>> bill: all right, bernie goldberg, herb. plenty more ahead as the factor moves along this evening. rick santorum swearing, swearing at a "new york times" reporter. brit hume on that. and, we'll talk about newt gingrich. is he going to drop out of the presidential race? he doesn't have any money left. and then will obama care be declared unconstitutional. i will give you my opinion and then we have decent. why hope you stay tuned for those reports. bke. copd iludes chronic bronchitis and emphysema. spiva helps corol my copd symptoms by keeping my airways open a full 24 hours. plus, it reduces copd flare-ups. spiriva is the only once-daily inhaled copd maintenance treatment that does both. and it's steroid-free spiriva does not replace fast-acting inhalers for sudden symptoms. tell yr doctor if you have kidy problems, glaucoma, trouble urinating, or an enlarged prostate. these may worsen with spiriva. discuss all medicines you ta, even eye drops.

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[bleep]. come on, man. what are you doing? >> joining us now from washington to react the always dapper brit hume. now, it looked to me, i know santorum for a long time and so do you. it looked to me like santorum has had enough of not only the "new york times" guy but of the liberal media in general bear baiting him. come on. santorum is correct. he had contextualized the comment around romney care in massachusetts. >> not exactly, bill. >> bill: okay, you governmental what happened is he was talking in broad terms about obama care and relationship to romney care then he uttered a sentence in which he said without mentioning obama care or romney care that romney would be the worst candidate to put up against barack obama. that sentence either stood on its own or didn't depending on how you looked at it so the

reporter asks him about it and he short hands the statement in the question by saying worst republic in america. now, i don't think it's wrong for a reporter to ask a question. and, santorum, excuse me, could easily have said look that was in the context of obama care you have heard me say it a million times and that's what i meant. end of story and i don't have any reason to think that jeb would have taken him at anything but his word is he a reasonable guy. santorum probably out of fatigue which every candidate suffers and some exasperation reacted as he did and he blurted out, you know, he said that, you know, he sees this stuff and it's b.s. and that was the thing that's gotten all the attention. >> i think it's more to it than that i think that santorum, i agree with you that he was probably fatigued and he probably caught him at a bad moment because, you know, santorum didn't get a lot of traction on the big win in louisiana. the press hardly covered it. >> there is a reason for that, too, bill. he only gained five delegates. and the race against romney

didn't amount to very much. despite the fact it was a sizeable margin for santorum. >> bill: you know that's frustrating to santorum. >> of course. >> bill: is he in a frustrating state and he does believe because he has said it before. he does believe that in contraception that in other areas the press is taking this stuff out of context and portraying him as a zealot. here, it mounts, mountains, and mounts. i don't know this reporter you know him you say he is a fair guy. >> yeah. reasonable guy. >> bill: i will take your word for it? >> other thing is the question is legitimate. >> he should have framed it differently. >> well, i know, look, very few reporters' questions and i have asked a few myself. one that got publicized because i asked clinton a question he didn't like. >> bill: what was that? just remind the audience. >> when ruth bader ginsburg was nominated and i suggested that it had been a zigzag process he got mad and shut down -- you remember that my

feeling was b. that was i'm sorry he got mad but i'm glad i asked the question. yong -- zong zelleny had any intention of writing the comment out of context. obama care vs. romney care. i don't object to the question. the question almost never gets publicity. >> bill: santorum doesn't like this guy. where does he go from here? what's up? >> the next big event. there is several, next big test will probably be wisconsin, which is going to be winner take all. a number of delegates. and this is the kind of state which romney has been able to eke out wins over santorum and held santorum back. and if santorum could pull off an upset it might give his campaign. >> bill: when is that? >> a week from tomorrow. there is also a primary in maryland where santorum would not be expected to do well that day. one in the district of

columbia where he is not even on the ballot. romney will get another batch of delegates. probably win the night on delegates. this is the problem santorum has, bill. he he may win contests as he did in louisiana. but he -- >> bill: gingrich doesn't have any money left. he is going to have to pay people out of his own pocket or stiff them. >> go where he can get on tv and travel around a little bit. newt gingrich is at peace with the fact he is not going to win. he would like to help deny romney the necessary votes to get to win on the first ballot. which i think is a long shot. but he would like to do that. he is going around going to zoos. he has a bigger platform. >> bill: it costs admission. you have to pay commission to get to the zoo. he doesn't have any money. he and calista going to fly coach all over the place? >> maybe. he has got a bigger platform by staying in if he can afford to do it than he would if he dropped out. he is staying in. >> bill: it costs money to do

this. you know that. >> travel is not that much. >> bill: you know, he travels by private jet, brit, come on. [ laughter ] >> bill: all right. brit hume, everybody. when we come right back, the supreme court now hearing obama care, will it be declared unconstitutional? i will give you my take and we will hear the opposing point of view. then tim tebow shows up in new york city. it's a delve of a devil of a situation for the quarterback. and we are coming right back. your finances can't manage themselves. but that doesn't mean they won't try. bring all your finances together with the help of the one person who can. a certified financial planner professional. cfp. let's make plan. erything. but why energy? we've got over 100 years worth. is it safe to get it?

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gill bill thanks for sphaing with us, i'm bill o'reilly. is the obama care unconstitutional. the supreme court is hearing arguments from 26 states saying the federal government has exceeded authority enforcing health care around the nation. the two-year-old patient and affordable care act mandates, forces americans to buy health insurance. those who can't afford it will receive subsidies from the

feds. according to a new cbs poll 47% of americans disapprove of obama care. 36% say they like it. that will not influence the supreme court at all. nine justices must rule on the constitutionality of the law. it is widely expected that the four liberal junction, ginsburg, breyer, sotomayor and kagan will oppose the right of congress to enforce health care. one vote is needed among the rest in order for constitutionality to be he upheld. one vote. i don't think that's going to harassment i believe the supreme court will strike down the obama care individual mandate by a 5 to 4 vote. that's because the original intent of the constitution was to allow states to decide these kinds of i. if massachusetts, for example, wants state mandated health care, it has a perfect right to pass it that's what happened when mitt romney was governor. the folks wanted it the folks got it but to force every american to buy any thing, way beyond what the founding fathers envisioned the federal power to be. despite the complexity of the

supreme court case, it is as simple as that federal government has no right to tell individual states that their citizens have to buy anything. that is a state decision to be applied mostly in public safety situations. joining us now in dissent. the president of the american constitution society. where am i going wrong here ms. fred distributionson. >> first, bill, thank you for having me on here on your show. it's a pleasure to be here. i think the first thing i would say in disagreement with that perhaps --ed when founding fathers adopted the constitution they put in the commerce clause specifically so commerce could actually regulate. they envisioned the national economy and we really have one now to the tune of over $2 trillion, health care makes up a big big part of that it's completely within the power of congress to pass this legislation and to attempt to provide some reasonable

regulation. >> i will point to you that the interstate commerce clause was put in so individual states could not charge tariffs from going from one state to the other. for example, pennsylvania would say to new jersey, hey, you can't bring anything in here from new jersey unless you pay us 2% on it. it was to regulate set up to regulate fair frayed and interaction between the two states. states can't print their own money. >> this is a major issue at stake in the adoption of the constitution the ability of our national government to deal with national issues. let's look a little bit at what's happened in the 20th century. we have a whole soar reiss of pieces of legislation that were passed by franklin delano roosevelt that attempted to address. so major economic problems of the depression, including the associate act. and including the ability of congress to set a minimum wage.

and these same arguments were raised at that time. but it'sline almost a century since they have been definitively turned down. >> bill: well, look the safety nets that fdr put into place over there for the goofed the people and it didn't force the people to do anything. can you name one thing the federal government -- >> actually, the social security act. >> i need to correct your point. >> bill: one thing that the federal government forces you to buy? one? >> well, let me first correct. >> bill: ms. frederickson. look, my opinion is my opinion. your opinion is yours. i don't want to be corrected. ms. frederickson please answer the simple question we don't have all night. >> the legislation you have to let me answer. >> bill: are you going to answer this question or not? if you will not answer the question i will abort the segment now. >> the legislation does not require people to buy. >> >> bill: of course it does. >> forces people to buy in the form of a tax. >> bill: to impose any penalty is a police power.

>> tax power. and it's designed completely within the rational scope of the legislation. >> bill: ms. frederickson. >> encourage people to buy health insurance. >> bill: this is becoming absurd. it's police power. forcing people to do anything. >> you have got to let me talk if you are going to invite me on the show. >> bill: i don't have to let you talk if you are not answering the question. you are dodging the question i will go back. >> no. it's actually. >> bill: one thing the federal government compels you to buy? one thing. >> let me say under the militia act of 19272 people were compelled to buy muskets and powder. >> bill: what act was that. >> the militia act. this doesn't require people to buy health insurance. it would be good if you read the legislation. >> bill: i did read the legislation. >> it imposes a penalty. >> bill: that's compelling something to do something if you are going to punish them for not doing it? >> it's a tax essentially people have to pay a very modest amount. about $95 a year. if they choose not to buy health insurance. but it's part of a scheme in

which congress rationally chose to build a national market for health insurance and cover the uninsured. >> bill: ms. frederickson you are going to lose and your argument is us a suspicious. it's absolutely a mandate. a force, absolutely police powers from the federal government and it's going to be 5 to 4. and if i'm wrong i will come on and i will play your clip and i will apologize for being an idiot. but i think you are desperately wrong. >> i look forward to it. >> bill: reality check on deck. tim tebow shows up in new york city and the new york media is waiting. also, the hunger games huge at the box office. why? check is next. [ female announcer ] here in california, our schools need help.

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>> bill: back of the book segment tonight. reality check. we begin with check one.

president obama in south korea talking to the russian president about missile defense. apparently mr. obama was speaking in confidence but a mike picked this up. >> after my election i have more flexibility. i understand. >> i will france mitt this information to vladimir. >> bill: we have asked our guys to check it out. number two, vice president dick cheney received a heart transplant. that led to this assessment by dr. nancy snyderman of nbc. >> this has raised ethical questions, moral questions about whether the vice president in fact should have received his heart ahead of other people and, raised the question how old is too old to receive such a precious trans plant? >> bill: mr. cheney waited 20 months before receiving the heart. that is longer than the average wait. he has had five heart attacks.

check three. army staff sergeant robert bales charged with 17 counts of murder accused of gunning down civilians in afghanistan is being held at fort leavenworth, kansas. his wife says he is innocent. >> he is being charged with first degree murder. in other words,premeditated, that he planned this. >> it's very unbelievable. all i can think of is what happened? what led up to it. i don't have have -- i don't feel like i have all the information. >> when i asked what kind of dad he he was you said he was so involved with his children. he loves children. >> he loves children. is he like a big kid himself. >> he is accused of killing nine children. >> right. >> innocent children. >> i have no idea what happened but he would not -- he loves children and he would not do that. >> bill: if convicted, it is likely sergeant bales will serve life in a military prison.

check four, tim tebow met with the dreaded new york city media today. >> tim, a lot of athletes can't handle new york. what eequips you to deal with the commands, the challenges, and the circus that may come to town. >> i feel like being at the university of florida you have a pretty big platform there. and then just, you know, being a quarterback for two years in the nfl gives you a pretty big platform. ultimately, i'm just going to be myself. just have fun with it and honestly not worry about what i can't control. >> all right. that is the signature faith based statement. you don't worry about what you can't control. you leave it to the higher power. now, if mr. tebow can hold on to that he have a give copying mechanism. new york is like any other place in the world. it is a brutal place for famous people. check five, the hunger games taking in a whopping 155 million bucks over the weekend. ♪

>> hey, hey. [ laughter ] >> bill: oh. the hunger games now ranks third in opening weekends behind potter and batman the dark night. while we are on the subject of the media, finally check 6 this week marks six months that killing lincoln has been in the marketplace. next sunday it is number 2 on the "new york times" list. amazing. thank you all very much. this is my biggest selling book with almost 2 million copies in print. the movie is about to go in production. it will be national geographic channel next february. the most important thing about

killing american is some kids are reading it rekindling interest in american history. give the urchins the book. they need historical reality check. don't let them out of the room until they read it up next, a wild mail segment. some anger about the trayvon martin case. that and two minutes and change away. slip-on's the way to go. more people do that, security would be like -- there's no charge for the bag. thanks. i know a quiet little place where we can get some work done. there's a three-prong plug. i have club passes. [ male announcer ] get the mileage card with special perks on united, like a free checked bag, united club passes, and priority boarding. thanks. ♪ okay. what's your secret? [ male announcer ] the united mileageplus explorer card. get it and you're in.

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punishment when the crime is committed, exoneration if one was not. marriy taylor, tampa florida. it was not appropriate for president obama to comment on the case at all. i think all americans can support the president when he calls for a thorough investigation of the shooting. however, i am perplexed that he remains largely silent about the number of black-on-black homicides in chicago and elsewhere as well. >> no president should ever comment on a pending criminal case. i respectfully disagree, frank. >> the president has a right to put forth general feelings, general feelings about alleged criminal actions which he did. however, he does not have the right to comment on guilt or

innocence. remember, president obama orders the attorney general, all right. the attorney general answers to him. timothy borat, sweden. he said that wearing a hoodie can lead to trouble. that's like saying to women that dressing provocatively can lead to rape. geraldo was urging folks to consider the environment before dressing in a certain way. he was trying to raise awareness of potential danger which is a good thing. >> my husband and i had the pleasure of seeing you and miller in santa barbara. the bolder, fresher show was enter taping and informative. maybe a q and a directly with the audience would make it better. logistically that's impossible to do, sue. crowds are too large. i'm glad you liked us. overall, the feedback has been great on the show. saturday, on the 12th. tickets make great mother's and

father's day gifts. we're seeing in the midwest where tickets are going like crazy, indianapolis, friday, june 22nd, chicago matinee the next day, june 23rd. the night is sold out. details on billo'reilly.com. pinheads and patriots. as you know, we auctioned off three historical posters to benefit the wounded warrior foundation, they are unique. signed by five living presidents. no other documents we know of contain all of these signatures together. so far the factor has raised $718,000 for the warriors. is that unbelievable? that's because of you. you're the ones donating the money. you may remember last year factor viewers gave more than a million dollars to the fisher house which provides shelter to the families of severely wounded military people, so you have both of these campaigns up, and almost $2 million has been raised to help wounded vets and their families. i'm now saying flat out that the

factor audience is the most patriotic crew in the country and anyone who disputes that is a pinhead. thank you all very much. details on all of this stuff on billo'reilly.com. check out the factor website, and also we would like you to spout off about the factor from anywhere in the world. o'reilly@fox news.com. name and town, name and town, name and town. if you wish to opine. word of the day, do not be hackneyed. that does not involve hitting yourself in the knee with a mallet. it's an expression that when you -- i'm not going to give you a hint. if you don't know it, i want you to look it up, but it has to do with communicating. doesn't have anything to do with the knees. it's hackneyed. thanks for watching us tonight. i am bill o'reilly. please always remember that the spin stops here because we are definitely looking out for you.