tonight. make sure you go to greta wire.com. an open thread, tell us what you thought about tonight's show. good night. america's choice for cable news. >> bill: "the o'reilly factor" is on. tonight: >> [inaudible] government saying that the federal government has the duty to tell an individual citizen that it must act. that changes the relationship of the federal government to the individual in a very fundamental way. >> bill: bad day for the obama administration at the supreme court as most of the justices are openly skeptical about the federal power needed to impose obama care. we'll have no spin analysis. >> the only comment that i have right now is that they have killed my son and now they are trying to kill his reputation. >> bill: bitterness rising over the shooting death of 17-year-old trayvon martin. are authorities handling the case properly? what about all the craziness ha has descended on florida.

>> we want zimmerman. we want zimmerman. dead or alive, dead or alive. >> bill: we will have the latest. >> first of all, are the mikes off? [ laughter ] >> bill: president obama trying to explain his gaffe after an open mike caught him saying something dubious to the russian president. >> after my election i have more flexibility. >> bill: charles krauthammer will have more thoughts. caution, you are about to enter the no spin zone. the factor gibbs right -- begins right now. captions by closed captioning services >> bill: hi, i'm bill o'reilly. thanks for watching us tonight. i'm sorry about the voice and all of that. it is allergy season here in the northeast. and it just descended upon me. but, anyway, i will muddle through. a bad day for obama care at the supreme court. that is the subject of this evening's talking points memo. consensus is that solicitor general done have a -- did not

make a strong arguement in asserting that the federal government has a right to force americans to buy health insurance or anything else for that matter. verrillli got caught when he tried to call the fine that would be imposed if the americans didn't buy health insurance a tax. liberal justice stephan breyer wasn't buying it. >> if they pay the tax, then they are in compliance with the law. >> why do you keep saying tax? [ laughter ] >> if they pay the tax penalty. >> thank you. >> they are in compliance with the law. >> thank you, justice breyer. >> the penalty. >> bill: of course, it's a penalty. this tax thing is completely penalty. it's a penalty. and that means the government is punishing us if we don't conform to the federal demand to purchase what they want us to purchase. that, ladies and gentlemen, is flat out unconstitutional. the feds cannot force us to buy anything.

nowhere in the constitution is that power found. the other pro-obama care argument is equally weak. the so-called commerce clause whereby the feds regulate interstate transactions gives the government to force us the power to buy things. >> one thing that the federal government compels to you buy. >> well, let's me say under the militia act of 1792 people were compelled to buy muskets and powder. >> bill: what act was that? >> the militia act. this doesn't actually require people to buy health insurance. i think it would be good if you read the legislation. >> bill: did i read the legislation. >> it imposes a penalty. penalty is different than forcing something to buy. >> bill: forces them to do something if you punish them for not doing it. militia act of 1792, i'm sure we are all familiar with that very interesting. that was basically a mandate by the federal government to the 14 existing states at the time to raise a standing militia so the new nation

could defend itself if invaded as it was in 1812. the militia act had nothing to do with commerce. so ms. fredrickson with all due respect was misleading you. today it became clear in the supreme court that most of the justices are extremely skeptical of obama care. >> here the government is saying that the federal government has a duty to tell the individual citizen that it must act. and that is different from what we have in previous cases. and that changes the relationship of the federal government to the individual in a very fundamental way. >> bill: in other words, if obama care is allowed to stand, federal power would be increased to a point where americans could be told exactly how to spend their money. precedent will be established. but it won't be. the court is going to rule the health care mandate unconstitutional. it has to. the justices cannot allow a power grab like that. in the end, america must

overhaul its healthcare system. we all know that. and it must use the free market to do it. obama care is a disaster economically, socially and politically. and that's the truth. and that's the memo. now for the top story tonight. reaction, with us our barack and hard place duo monica crowley and allen colmes. were you surprised by justice breyer's reaction. >> no i'm not. their job is to ask tough questions on both sides. he is right. the administration both ways as a tax so it could be taxed and not a tax. >> bill: he wasn't playing devil's advocate. he was mocking the solicitor general. >> the idea that the administration -- >> bill: he was mocking the man. >> you know what's interesting about this, the mandate was the conservative idea, initiated by the heritage foundation. >> bill: that's false. whoever initiated it was. >> for free market purposes. >> bill: whatever. it's not going to stand you agree, of course? >> i do believe they are going to strike t down. look, it all gets to the basic essence of what obama care

really is. this is why they are in this constitutional box right now. obama care was never about health care. it was always about government power and control and that's why you now have these constitutional issues. >> bill: i don't believe that i don't believe that for a second. i believe that barack obama and the liberal left, the democratic party's liberal left wants the government to basically give people free health care. that is the essence of the nanny state. >> that gets to the essence of the bigger point that i just made to you, bill. this was not about health care. this was about government seizing more liberties from you. but, remember, the reason that this was the first thing out of the box. forget about the economy, forget about jobs, forget all the things the american people were screaming for when he came into office in january of '09. the reason they went into the health care weeds is because if the government controls your health care, the government controls you. that's what the full constitutional challenge is about. >> bill: it is about control. i do think the motivation was to create this giant nanny

state apparatus and dole out the goodies and redistribute the wealth. >> power and control. my point. >> bill: colmes, when this is voted down, all right? >> i'm not convinced it will be. >> bill: are you going to pay me money? what are you going to do? what do i get out of this? >> i will give you my health care. insurance card. >> bill: whatever doctor you are seeing, i don't want any part of, all right? [ laughter ] what i'm trying to say to you is don't you understand in totalitarian societies, which is why the constitution was set up because freedom is freedom. totalitarian societies like cuba where the pope is today. they basically tell you what your health care is, what doctor can you go to. what drugs you can get and that's what the constitution guards against. >> lead me explain something that you are probably not going to agree with which is the issue of free ridership. so many free riders economic term now taking advantage of health care that we are all paying for. doctors are forced to take care of anybody who walks in. >> bill: that's another legislation. if you want to ban people from going to the emergency room

for free care. pass legislation about it. i wouldn't vote for that. >> we are paying for this free care. we are praying for free riders by having a mandate supported by conservatives, this does away with that. >> bill: you know the supreme court is not looking at this as an economic issue. they are looking at it? >> sure they are. >> bill: no they are not. they are looking at it as a freedom issue it? >> is a freedom issue it's not free for doctors when you say you have got to take care of these free riders who walk. in not free to taxpayers who say you have to pay for shortage. that's taking our freedom away. >> judge raised two specific examples. the health care market is unique in that everybody accesses it at some point in their lives. one justice came forward and used the broccoli argument everybody has to eat, does that mean that the government is going to come in. >> bill: that was scalia. >> he also made the point about burial. everybody dies does that mean the government is going to regulate burial insurance in the point they are getting to is this begins a very slippery slope to a de facto

dictatorship. that's the point they were making also. >> bill: i don't buy any slippery slope arguments ever. but i do say this is flat out giving the government power that the constitution does not allow. and that's why it's going to lose. >> correct. >> bill: i think colmes secretly knows it. >> no, i don't. i would have thought the government would have lost or the supreme court wouldn't have decided the kilo decision where the government can take your land away from you. >> bill: i can't wait for this to happen. you know i have you on the set the whole show and i will keep pointing at you. >> it's my fault, great. >> bill: next on run down, attorney for trayvon martin family will tell us if she believes justice is underway in the case. newt gingrich didn't like how president obama spoke about the martin case. he will be here as well. we are coming right back. we've got to protect the environment. the economists make some good points.

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>> bill: impact segment tonight, new information in the white hot trayvon martin case. the 17-year-old was shot dead a month ago now being scrutinized because the case is so controversial. the miami herald reporting that trayvon was suspended at least three times from the michael crop senior high school for low level beefs like graffiti and carrying a bag with marijuana residue. trayvon's mother objects to the reporting. >> the only comment that i have right now is that they have killed my son and now they are trying to kill his reputation.

>> bill: presently, a special prosecutor is investigating the case, taking it out of the hands of the local police in sanford. joining us is an attorney representing the martin family. counselor, are you satisfied what the doing appointing a special prosecutor in the case. >> yes. the family is pleased with the appointment of special prosecutor angela cory out of jacksonville. we hope that will bring more transparency to the investigation so that we can obtain justice on behalf of trayvon. >> bill: all right. so there is no problem right now with the way the state of florida is going about things as far as the family is concerned. there is a problem with the reportage, the miami herald, the orlando newspaper, written stories about the boy. and that the trouble that he had. there is some internet sites that we didn't quote because we are not sure about the reliability of the internet. that have posted his tweets that are provocative. and, basically, it's coming --

it's emerging that trayvon had some problems and the family does object to that. >> yes. i mean trayvon was any normal kid in america. i think that the most poignant comment that i have heard so far came from trayvon's mother is i brianna that we just heard they have killed her son and now they are attempting to kill his reputation. >> bill: is that true or in a case of this magnitude shouldn't the public know the history of i have a von? you know, is there anything wrong with knowing he was suspended three times from school, that he had some trouble in different areas? is there anything wrong with that? >> the family is not ashamed of trayvon. we are not ashamed of his school record. there is nothing wrong with the public knowing. the public should also know that it has absolutely no legal relevance to the case at hand. >> bill: that's true. in a court of law it's not going to matter whether he was suspended for three times from school. however, it might matter in the way thatz case went down in the sense that in the beginning trayvon was

portrayed by sympathetic media as somebody who was just an innocent victim walking around. now, an eyewitness, again, brought forth by an orlando television station says, you know, i saw a confrontation where the men were rolling around on the ground. apparently the police report does say that mr. zimmerman, the shooter, did have some injuries. so, again, i don't want to try the case on television, but in your opinion, counselor, in your opinion, representing the family, is all of this necessary or should there be a gag order on the case and just let justice, you know, go under ground? >> the family certainly is not seeking a gag order. we are still seeking justice for trayvon. i think the evidence is very clear that despite how the facts may unfold, zimmerman pursued and was the aggressor the entire time. trayvon managed to get away from him one time. zimmerman continued to pursue him and found him a second time. >> bill: that's your belief and you believe you will be able to prove that you want

justice for trayvon. do you want justice for george zimmerman? >> certainly. the justice system is for everybody. >> bill: all right. so you want him to have a fair shot to tell his side of the story and put forth evidence in his defense, the family would be -- doesn't want him -- because i say that because you have now the black panthers down there calling for vigilantism, you have reverend sharpton making very provocative statements that you know, disallow mr. zimmerman from even walking the streets. how does a family feel about that? >> trayvon's father made it very clear last night in the city council meeting that we are not seeking an eye for an eye here. we are seeking justice. all we want is for the truth and the justice to come out and for him to be tried by a jury of his piers. >> bill: did he repudiate the black panthers. >> we do not support any violent movement or call for racial violence. >> bill: does he repudiate al sharpton calling for the

arrest, when obviously the authorities are investigating whether there is probable cause to make it but mr. sharpton puts forth that he should be arrested now. does the family repudiate that? >> i cannot speak for the personal thoughts of the family members. can i say that we are thankful for the support of our national leaders. >> bill: okay. because it gets a little dicey when you have demands for an arrest when you do have a process that you actually said at the top of the interview was going according to the way you think it should go and the family thinks it should go. i think everybody should back off a little bit. would i be wrong in saying that? everybody should take it down a few notches? >> i don't think everybody should take it down a few notches. i think zimmerman is still walking the streets and we still need to obtain an arrest. angela corrie can decide whether or not she can make an arrest before the grand jury convenes. >> bill: absolutely she can do that he isn't walking the streets, counselor so you know is he in hiding because he is afraid that something might happen to hill. counselor, appreciate it. you are welcome any time on

the program. newt gingrich criticized the president's remark about trayvon martin. the former speaker will be here. reports after these messages. [ male announcer ] fighting pepperoni heartburn and pepperoni breath? fight both fast with new tums freshers! concentrated relief that goes to work in seconds and freshens breath. new tums freshers. ♪ tum...tum...tum...tum... tums! ♪ [ male announcer ] fast relief, fresh breath, all in a pocket sized pack.

>> bill: they referring to trayvon's family. now, on the campaign trail, newt gingrich objected to the president's remarks and he

joins us now from sals burry, maryland. was it just the color reference? you used the word disgraceful which i thought was overly harsh, mr. speaker, was it the color thick that you objected to there? >> sure, look, object to personal riding in personalizing in a way any american who gets killed is a tragedy of any ethnic background for any reason i think all of us should be concerned in a case like this. i'm glad that the district attorney has impaneled a grand jury. i think it has to go through that process. we have to find out with witnesses and evidence and the due process of law what happened. and but i'm just -- all i was saying was that should be true of any american of any ethnic background whether it's a male or female. >> i think the point is well taken that you want to include every victim of crime in your empathy. but if i were president, i think if you were president and you were faced with a national story which this has

become, he was showing empathy in a personal way, the president was. i didn't find that objectionable. i really didn't. >> you know, we approached it slightly differently. i think the important thing is we get to justice, that the grand jury render a judgment about whether or not somebody be indicted that if they are indicted we get to a jury trial and they have an opportunity for the full justice of the law. i think it's very important that this case be seen all the way through and the people have a sense that the american system does set out to protect people do you think the president polluted the case by his comments? >> no. look, this is one of those cases that's going to be so massively on television that it will be very interesting to see how they pick a jury but i think it's a case you have to deal with. we also should recognize there are people every day in america somebody needs to be protected by the law and every day we have occasions that are tragic. i think that is something we all have to recognize and try

to continue to work on. >> bill: all right. now, turning to politics a lot of people are calling for you to get out of race. i don't know why they would do that if you want to stay in the race, certainly you are entitled to do that you said that you want the arguments and the ideas to be articulated that you have i think that's valid. you don't really have much money. you can't win. so, it really isn't s. an intellectual exercise going forward. is it not? >> you know, i'm talking here from salisbury state where the turnout was so big they had to have an overflow room. they had to have television for the students who couldn't get in because people are interested in the ideas. they are interested in the concept. i just spent today, part of it in r. talking with people in the state capital in maryland. there is a great interest in what's going on. yesterday i was in delaware there was a lot of interest. i was at the leadership conference in pennsylvania. a thousand people were there.

i'm running for president. have a set of ideas running for president. the frontrunner for president does not have a majority. there is some argument he is not going to get a majority. if he he doesn't get a majority by june 26th when utah votes we are going to have an open convention. >> but you could do that anyway. you could get out and then if he didn't win, then you could be like that. >> bill, i have no incentive to get out because i have a set of ideas that include. >> bill: i got it? >> 2.50 gasoline. >> bill: you don't have any money. are you spending your own money? >> if necessary. that's not the point. we are raising some money. i would be glad for anybody much watching this to go to newt.org and donate. i'm open about it. i don't mind telling people i need to raise money. >> look. it's a tough slot. you want to run, you run we

say that to everybody. you want to go, you go. obama stuff is getting interesting. as we reported at the top of the program justice breyer he he gave the solicitor general a hard time. kennedy flat out said you have got a tremendous burden here. and i have said from the very beginning this is unconstitutional. it isn't even close if you really want to go by the constitution. you want to make a call on this, how you think the supreme court is going to go down on it? >> first of all, i think your analysis is right almost certainly going to declare the mandate unconstitutional. second thing is do they then say since the obama administration failed to write in a separatability clause that the entire bill is unconstitutional. remember, they were in conference republicans win the special election. they can't fix the bill. so they passed a badly marred bill which does not have a clause that says any part of

is unconstitutional the rest still stands. technically there is a real like lie hood the court is going to say the entire bill is unconstitutional because it's all connected. if that happens, the obama administration is in enormous mess and two years of bureaucratic effort are going to trying to unwind that is just going to be a nightmare. >> is there any way in your opinion that the supreme court will uphold the law? because that would be a huge victory for the president. >> well, i think, you know, i'm not an attorney so i don't want to speak legalese. is there any way the court could vote that way? sure. is t likely? i'm with you. i think it's not likely. i think all the evidence is building if you listen to the arguments. if you watch the questions. these judges are moving towards a declaration, maybe by a surprisingly big margin could easily be 6 to 3 or 7 to 2. narrow question of is it unconstitutional for the

mandate whether they then also by 5 to 4 say does that invalidate the whole bill because that will be the question the attorney general come back and ask does that mean the whole bill is invalid? >> it is practically speaking if the mid mandate goes out of bill it will be impossible to enforce it opt out and say we're not going to do it. good luck, catch you down the road. plenty more ahead as the factor moves along this evening. president obama tries to explain open mike comment to the russian president that he have more flexibility if we reelected. charles krauthammer will have thoughts. is it legal on the boy scouts winning a huge judgment. the boy scouts defeeding the city of philadelphia. we hope you stay tuned to those reports. have two car ins we're going to have you taste. the first one we're going to call x. go ahead and take a sip, and then let me know what the baby thinks of it. four million drivers switched to this car insurance last year. oh, she likes it babies' palates are very sensitive so she's probably tasting the low rates.

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>> bill: stossel matter segment tonight, our pal john has been listening to the arguments over obama care with some wisdom -- at least we hope. so what's the headline for you in all of this? let's cut through all the

legal fog. what's the real legal headline here? >> to he me the headline is today the predictions changed. at noon they were saying 35% chance this would be rejected and now it's 55%. >> who is they? who says that? >> the people who bet on in trade. >> that internet betting site, they set odds on everything, right? >> i know you think you are the best political predictor in the world. >> i'm pretty good though, you have got to admit. >> you were right in this case at least so far. >> bill: okay. >> i'm going to take pictures of the four gas stations in my town because they all have the same prices now. i haven't forgotten about that. all right. so the headline for you today is that the sentiment has changed based upon what breyer said and what kennedy said. we reported on it earlier in the program. >> kennedy mostly. that line that this changes the relationship. >> but it does change the relationship. that, as a libertarian wants a

government to be out of our business. if this were upheld then the government would basically be in our business 10 times more than they ever have been, correct? >> yes. but i am blown away because they are already all over our business. the precedent is this poor wheat farmer got fined for growing wheat on his own land he wasn't selling to anybody. >> bill: a case that was what? >> 1942. >> and the supreme said yes, the government has a right to fine him because his own wheat might effect the price of wheat and that's interstate commerce. >> bill: this doesn't have anything to do as we have demonstrated yard with commerce. it's a personal choice whether to purchase something or not doesn't have anything to do with it. insurance companies can't sell health care insurance across state lines. that's how crazy this thing is their argument is weak. you would agree though that the government has to provide a certain amount of oversight in the medical industry, would

you not? >>. no i think the market can take care of that. >> okay. so you say if an insurance company sells you a policy and then all of a sudden you get a severe disease, that they can throw you off the rolls? >> yes. well, you have a contract. but when your contract expires, then they don't have to renew you. absolutely. >> bill: that's pretty dangerous though, is it not? >> you say there shouldn't be this discrimination. if you don't let insurance companies discriminate then they can't make overweight smokers pay more. >> bill: but if you have people who get sick and their insurance contract goes year by year runs out, what are they going to do? they are going to go broke. if you have cancer, you you can't afford to pay for those, nobody can you have to have some kind of a structure. >> we have a structure. we either have a free market or we have government. if you want to say you go broke we will take care of you up to certain extent but to ask private insurance companies to insure very sick people people who are very

sick. ill bill i don't say take them on the rolls when they are sick. then they should have the option. once they are on the rolls and get sick, there has to be some government oversight about chucking people off the rolls. >> no incentive to buy long-term policy. i may get sick at some point i should buy a long-term policy. >> bill: you say the prediction for you is overturned? >> is now overturned because that's how they bet. this slaw affront to a free society. >> bill: john stossel, everybody. when we come right back, is it legal on the l.a. police department ignoring california state law in an effort to protect the illegal aliens. my name is robin. i'm a wife, i'm a mom... and chantix worked for me. it's a medication i could take and still smoke, while it built up in my system. [ male announcer ] along with support, chantiis proven to help people quit smoking. it reduthe urge to smoke. some people had changes in behavior, thinking orood, hostility, agitation, depressed mood and suicidal thoughts or actions while taking or after stopping chantix.

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>> bill: thanks for staying with us, i'm bill o'reilly. in is is it legal segment tonight. we begin with the los angeles police department ignoring california state law in order

to protect illegal aliens. if you are caught driving without a valid license in the golden state the police are compelled, compelled to compound your car for 30 days. because many illegal aliens don't have licenses charlie beck says he is ordering his officers not to seized cars. with us now are terrence and fox news analysts kimberly guilfoyle and lis wiehl. >> illegal aliens in california cannot get a valid driver's license. by definition if they get pulled over they are not driving. their cars have to be impounded for 30 days very expensive. unfair for them harder for them to get jobs that way. >> bill: is it just him? >> the l.a. police commission, i believe it was 4 to 1 they voted for. this the rank and file the union cops they don't like this. >> bill: so the l.a. police commission voted for it. and then chief beck says this is what i'm -- >> this is what we are going to do. >> bill: the state of california basically i understand the l.a. county

attorney said hey, you can't do this. you are violating state law. so, therefore, the attorney general of california would have to go in and start to fine los angeles, right? >> right. because that's the way it breaks down. you have the los angeles district attorney, my former boss saying this con have a screens state law. illegal what you are doing. you have to follow the law. engaging essentially in political correctness contravening the law and doing what you decide and what you think is best by not prejudicing. >> bill: sanctions can be what? finding the city? >> they can compel the city to, in fact, enforce the law that is on the books by a court order and also they can fine the city. right now this is a little bit of back and forth like we have seen in other areas of the law in california. >> bill: because if beck doesn't have any sanction against him, he is not going to change. obviously they want this out there. >> he has been out there saying this is why i'm doing it unfair to -- >> bill: understand that but, look, the law is the law. so do you both expect the state of california to compel los angeles to -- >> they should.

it sets a bad precedence. >> bill: do you expect it. >> i expect they will, yes. >> they have to. >> start to fine the city. >> there is no choice. >> they don't have to do it because the city is broke anyway. >> if they do not, this will follow course in other areas where they will -- >> bill: already los angeles disregards federal law sanctuary city now they are. >> their own law. >> bill: another california story. a woman, she gets roughed up by her husband, she gets a divorce. there she is. >> this is her, crystal harris. >> bill: the guy goes to jail. >> he received a six year sentence. this is after extensive period of time of pervasive, consistent domestic violence with assaults on his record. >> bill: it was proved. >> he goes to jail this guy? >> six years sex offender registration. >> bill: for assaulting his wife and sex offender. he gets out of jail and the wife has to pay him al

alimony. >> he is not out of jail yet. what the judge has said when he gets out of jail the six year sentence for raping her which is obviously what precipitated the divorce. she has to pay him $1,000 a month in alimony plus about $47,000. >> bill: what's that? >> legal fees for the divorce. it's crazy because the judge has the discretion to say, look, you know, because of this spousal abuse. >> bill: she has to pay him 45,000 for court costs. >> attorney fees. >> bill: she has to pay him a grand a month and pick up his attorney fees? >> yes. >> bill: judge? >> judge gregory pollock. the judge had the ability discretion to reduce or eliminate entirely. >> bill: he didn't. >> he he reduced it two thirds. he will could have eliminated it. the law as it stands someone who attempts to murder you or does something like that, a law harbor bentley passed it, yes then they don't have to pay. just sexual assault or rape then you have got to give the guy the money. >> bill: unbelievable. can she appeal this to a higher court? >> what she is trying to do

right now and already passing through the legislature in california is get the law changed. absolutely to be changed. if you are a victim of spousal abuse, rape like you this shouldn't have to be paying alimony. >> bill: really is horrifying to think this woman wouldn't through that and a the court convicted the guy and the guy gets out and she has to send him money. that's horrifying. >> the way she put it i have to pay the rapist. i have got to pay the rapist. >> bill: that's amazing. in philadelphia, it's the same old story with the boy scouts. the city of philadelphia wanted to throw them off some donated land the city had provided because they won't have gay scout masters and the boy scouts say listen we don't want to open ourselves up for that. this is our code. we are not going to have gay scout masters, outwardly gay. there is a lawsuit and the boy scouts win about $900,000 from the city of philadelphia. >> it wasn't scout masters it was scouts themselves. look, the city of philadelphia said, look, we are giving you this place. letting you subsidize rent

interest-free this place you can't discriminate against boys that want to come in because you are not, quote unquote morally straight which is the boy scout code. what the city has said to be fair to the city they said look, you can stay here boy scouts but then you have got to pay us some rent. we are not going to subsidize you. >> bill: boy scouts sued they have the right to do whatever they want as far as placing membership is concerned, correct? >> that's correct. this is judge arnold buck walter who did this ruling. came down to antidiscrimination laws versus first amendment. first amendment prevailed here on behalf of the boy scouts and now they are in the building. >> i disagree. because, look, if they were going and just a private area and paying rent and it wasn't public subsidy that's fine they can do whatever they want. when you are getting public money you can't outwardly discriminate. >> they are nonprofit. >> bill: they should have a don't ask don't tell policy. if you want to be a boy scout just go in and do the fire thing or tie the knot. why do you have to say what you are doing in your private

life. >> these are boy scouts. >> bill: all right, ladies. thank you. charles krauthammer on deck. he wants to talk about the open mike gaffe by president obama concerning missiles. charles moments away.

>> bill: back ever the booing book segment tonight. we have reported that president obama was a bit embarrassed after being caught on open mike speaking to the russian president. >> this is my last election. after my election i have more flexibility. >> first of all, are the mikes

off? [ laughter ] arms control is extraordinarily complex, very technical. and the only way it gets done is it you can consult and build a strong basis of understanding both between countries as well as within countries. >> bill: joining us now to analyze from washington charles krauthammer. is this a bill deal? is this a big deal? >> yes, it's a very big deal when the president is telling a foreign dictator something he won't tell the american people and it reveals as soon as is he unleashed by running in his last election, notice how he said last election, then things will be different. what's he telling us? he is telling us to negotiate arms controlso complex you have to work out stuff with other countries and allies. rubbish, when president obama came in office in 2009 he cancelled a missile defense system with the pols and czechs without any

consultation whatsoever. i changed everything. i pulled the rug out from under you. he is quite prepared to do that again. he got a lot of criticism on account of that. what he is signaling here to the russians, to putin but not to us, he thought, was that you wait until i'm elected and then i don't have to answer to anybody and i will give you, i will start to deal on missile defense. and the question is why is he dealing on missile defense? there isn't -- we have no obligations on missile defense. there was an abm treaty in the 1970s, 10 years ago the united states abrogated its part of the abm treaty. we have no obligations whatsoever. obama wants to radically wants to negotiate nuclear weapons. he has never liked the missile defenses. his problem is the american people understand we have a huge technological and strategic advantage in missile defenses. we are ahead of the whole world. it's the weapon, the defensive weapon of the future. and why are we negotiating it away? >> bill: i don't know.

i'm trying to get his motivation for telling the russians, look, i will be a little bit more flexible in doing what you want. what does he get in return? i mean i don't know why he would say that. >> why he would say it, that's what the american people want to know. and that's what he won't tell anybody while he is running for re-election. >> the white house press corps is going to pound him on that. we have asked -- nobody has asked him anything about it hardly got any coverage in the mainstream media the fact is it is extremely revealing gaffe. this is his etch a sketch. it is much worse. >> okay. you heard our coverage tonight on the supreme court hearings today and about obama care. you have a little bit of a different take on it. justice kennedy very well defined that if it is upheld by the supreme court this will change the relationship between the individual american citizen and the federal government. kennedy was quite clear that that's a very high burden for the government to, you know, say it's necessary. but then you picked up something at the end of

kennedy's questioning. what was that? >> right. if you had only heard the first hour where the conservatives and the court just destroyed the solicitor general who was trying to defend obama care, you would have thought it's over. the mandate is going to lose. i think the odds are probably slightly on the side of it losing. however, it's not a slam dunk because at the end of the second hour when the plaintiff's lawyers were arguing to abolish the mandate, if you listen to kennedy, he seemed to be looking for a way to say that there is something unique about the health care market which might allow uniqueness in the health care mandate. now, the lawyers for obama care did not make a good case for that. perhaps kennedy will come up with one on his own. something so different about health care from other goods that you could have a mandate.

>> bill: it's a life and death argument you could make. john stossel. look, if you have got people that get thrown off the rolls because they have a serious disease they are going to die. >> you could say that about safety devices in cars or airplane safety or other stuff. a lot of times our lives are in danger. i'm not sure that there is something there. looks to me if kennedy is looking for a way jump over the other side. if he does and the other side will win 5 to 4. >> bill: pinheads and patriots ahead. confirmed that jane fonda will be playing nancy reagan in a new movie. you are not going to believe it p and p just over two minutes away. i remember the day my doctor told me i have an irregular heartbeat, and that it put me at 5-times greater risk of a stroke. i was worried. i worried about my wife, and my family. bill has the mos common type of atrial fiillation, or afib. it's not caused by a heart valve problem.

he was taking warfarin, but i've put him on pradaxa instead. in a clinical trial, pradaxa 150 mgs reduced stroke risk 35% more than warfarin without the need for regular blood tests. i sure was glad to hear that. pradaxa can cause serious, sometimes fatal, bleeding. don't take pradaxa if you have abnormal bleeding, and seek immediate medical care for unexpected signs of bleeding, like unusual bruising. pradaxa may increase your bleeding risk if you're 75 or older, have a bleeding condition like stomach ulcers, or take aspirin, nsaids, or bloodthinners, or if you have kidney problems, especially if you take certain medicines. tell your doctor about all medicines you take, any planned medical or dental procedures, and don't stop taking pradaxa without your doctor's approval, as stopping may increase your stroke ri. other side effects include indigestio stomach pain, upset, or burning. pradaxa is progress. if you have afib not caused by a heart valve problem, ask your doctor if you can reduce your risk of stroke with pradaxa.

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we're definitely gonna need another one. small sinesses that want to grow use 4g lte technology from verizon. i wonder how she does it. that's why she's the boss. because the small business with the best tecology rules. contact the verizon center for customers with disabilities at 1-800-974-6006. >> pinheads & patriots with jane fonda and nancy reagan. but first, the mail... >> well, he did head up the neighborhood watch program in his development, but you're not supposed to be armed doing that. >> let me ask you a question, mark, why would you want to listen to a discussion based on pure speculation? i know millions of americans do that but -- i don't get it. we just are going over the facts here. all right?

>> well, since you seem to be an eyewitness, jeff, i hope you have contacted the florida authorities. >> well, i appreciate that, kevin. >> because she was stating her opinion as fact. and she wasn't answering direct questions. both of those things are not allowed in the no-spin zone.

>> but there are only four of them. >> we are getting more and more history teachers writing in, telling us that they are assigning "killing lincoln" to their students because it really ignites interest in the whole subject of history. >> of course you can do both, john. you're a citizen, a free citizen in a fine country. you can admire whomever you want. >> well, what a nice wife you

are, shannon. tickets for chicago and indianapolis on june 22 and make great father's day gifts. and there is a brand-new date in new york city, may 12 at town hall. check it all out on bill o'reilly.com. pinheads & patriots, jane fonda will play nancy reagan, about a white house valet whose career started with harry truman and ended with ronald reagan. no doubt, jane fonda was chosen for political purposes, but we believe that's pin-headed. sometimes you can't get away from the politics of the performer, and that's one of those times. please check out the factor web site. name and town if you wish to oppon. word of the day, do not be a coxcomb when you are writing or going about your daily business. sorry about the allergies. i can't take the stuff becse