we'll be back tomorrow for "the fox report" or for "studio b," noon pacific, 3:00 eastern. for the journalists of fox news, i'm shepard smith. opinion and analysis begin right now. >> bill: the o'reilly factor is on. tonight. >> no justice. >> no peace. >> bill: are some powerful american institutions intimidated by african-americans? the answer is yes make that case this evening off the terrible mob assault in norfolk, virginia. >> what began as a dispute over a community center in lower manhattan has formed and grown into a much larger -- >> bill: finally the man behind the proposed mosque ground zero is coming on the factor. imam rauf and i will sort it all out. >> poke poke poker face. um momma, momma. >> bill: harry, larry king your charitable foundation is in trouble. not enough money going to the folks. garth brooks, andre august

agassi. you have got problems too. john stossel is investigating. >> bill: caution, you are about to enter the no spin zone. the factor begins right now. >> bill: hi, i'm bill o'reilly. thanks for watching us tonight. why the media and politicians fear african-americans. that is the subject of this evening's talking points memo. as we have been reporting, a vicious crime in norfolk, virginia is being stonewalled by the media in that town and the police investigation seems chaotic to say the least. last month two reporters for the virginia pilot newspaper were beaten by a mop of african-american young people. their injuries kept them out of work for a week. apparently the newspaper did not report the crime. and the two reporters have now filed former charges against the norfolk police department alleging the cops did not do

enough to. described the crime as a simple assault. now t has been upgraded to a mob action. after almost a month, just one minor has been arrested despite the fact that scores of people witnessed the violence. the national media has also ig ford the story possibly because it has heavily racial implications. so, what's really going on here? right now, there are 39 million african-americans in the u.s.a. comprising 13% of the population. unemployment among blacks 13% as opposed to 8.1 for the general country. 27% of african-americans live below the poverty line and 72% of black mothers give birth outside of marriage, which is a huge poverty driver. president obama's approve rating among blacks 88% according to a gallup poll. however, 48% of african-americans are not satisfied with the direction of the country. 52% are. there is no question the united states of america has not treated blacks well through the it history. as john adams once wrote save

solid an abomination and the persecution of blacks after the civil war was almost as bad. because of that history, we are still having having trouble with equality. the media fears controversy involving black americans. even while some in law enforcement do the opposite they are very tough on young black males in particular the truth is african-americans are treated differently by the powerful. enarrest night's factor bernie goldberg says the media is ignoring the story in norfolk because of paternalism. they don't want the nation to know that a mob of young black people beat up a white woman and her date fearing it might embolden bigots. that analysis by bernie is worth thinking about. on the police front, it's hard to figure out just what norfolk police chief sharon chamber lynn is doing. her department refuses to release the 911 tape and now has to deal with the formal complaint filed by the victims. virginia authorities in richmond are searching for a

way to deal with the mess. tomorrow night, attorney general ken cuccinelli will be here and talking points believes progress towards justice is being made. at least i hope so. those thugs who attacked those two have to be held responsible. period. can't have mobs attacking people in the street, no matter what people. and that's the memo. now for the top story. tonight, reaction. joining us from chicago fox news analyst jackson. where am i going wrong here miss jackson. >> i don't think wrong call me santita. we need to perfect the problem and correct the problem. we pay far more attention to interracial violence in this country than interracial violence with that having been said. the reporters initially did not want this to be a news story. but now that it is, where do we go from here? we have got to dissect. this we have got to find out

what is going here. i do not feel that the media in and of itself or other people are afraid of black people. i think we have had long simmering tensions as you so brilliantly laid out at the beginning of the show. we have got to detext them so we can correct them. >> bill: if the story is ignored by the media in norfolk. the tv stations are ignoring it, too. there has got to be a reason they are ignoring it it's a big story. if a white mob attacked two black people and beat up a black woman, it would be front page everywhere, tv all over the place. but the opposite doesn't happen. there has not got to be a reason for that what is the reason? >> perhaps not. because you have a case in baltimore that has been pushed to the side. a case that is 2 years old that is not being dealt with because of its similarities to the trayvon martin case. i think we have got to look at these long simmering tensions, bill and begin to deal with.

they the fact is that i don't think we do enough attention to violence in this country. we tend to get more excited about interracial violence. >> you are not being specific in the norfolk case. give me a reason why these people in norfolk and i include the police department in that the police department at any time want any part of this case santita. >> what dum do you think >> bill: the people know what i think. the police department didn't want to solve the case. that's why two reporters filed charges against the police department. according to them the police guy said hey, you know what? let it go. let it go. we don't really want to get involved. so the police department and the media in norfolk, virginia, didn't want to touch the case. there has got to be a reason. i mean, i think it's a race thing. i think they are afraid. afraid to do the story because it opens up a lot of old wounds and a lot of hatred. that's what i think. >> well, you know the fact is, i think you might be on to something there, but the

wounds have not healed. >> bill: no. they are still raw. >> but they still will not heal if we do not have a conversation. we have become verbally violent, bill. >> bill: it's got to be more than a conversation. there is justice involved here. two people were beaten. >> but, bill, we have never had a conversation. let me tell you something. in 1993 when you had the garden city shootings. >> bill: we need action. >> that having been said, you had the garden city shootings in 1993, reverend jackson went out to garden city to a special service on a sunday. he preached, i sang. it was an attempt at healing. but the thing is, bill, what we do is we get very excited when we have these particular events, but then the conversation ceases. we have not had a real conversation, not just about race in this country but about violence. >> bill: we have been doing this for 16 years. why isn't your father in northern virginia if he were to go in. >> if we would have show we wouldn't have been report known about it. >> bill: we have been reporting on it for a week

now. if your father would stand there in that neighborhood and say you know what, this isn't going to stand with us. we were trayvon martin. now we are here. it's an opposite situation but we want justice for all. do you know how much that would go to heal if they would do that but we don't see them there, santita they are not there. >> i can't believe you are saying that render jackson can have a healing role in america. >> bill: sure he could. he could be a facilitator here. >> that having been said, the reason -- let me say. this i cannot say there is complete eequivalencey between this case and the trayvon martin case. >> they're both injustices. they are both injustices. that's the only similarity. >> bill, you and i are in agreement here. that's why i brought up the '93 case. in that instance when traditionally black leadership whenever they seen injustice, whether it's interracial or intraracial they have jumped in. >> nobody down here but my guy jesse watters. nobody. >> but, bill, no one has known

about it. >> how much- >> bill: this is almost a week now. everybody knows about the story now. >> it took more than six weeks for us to find out about trayvon martin. these things take time. >> bill: all right. i think this is a race thing. do i think that and you are right, we have got to start to heal some of these wounds but they are not going to be healed by coverups. coverups are not going to heal the wounds. >> it's also, if i may say, i think it's a violence thing as well. we have got to deal with the fact that we are as a culture too violent and we will never survive. >> bill: i don't disagree with that at all. tomorrow the attorney general of virginia will be here. we are going to get justice back on track here. ms. jackson, always a pleasure. thank you. next on the run down, the muslim imam that wanted to build a mosque at ground zero enters the no spin zone. that should be very interesting. we'll be right back with it. ♪

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>> bill: may remember the big controversy so-called ground zero mosque in 2009 the group announced a project that would put a community center and a mosque very close to ground zero. we opposed that saying it was inappropriate and some families of 9/11 victims objected as well. you may remember i discussed that on "the view" causing whoopi goldberg and joy behar to walk out. with us is abdul rauf the author of the grand new book moving the mountain beyond ground zero to new vision of muslim in america. imam is now associated with the ground zero project. what happened there. >> i'm no longer with the park

51 project but my vision my vision is of a multifaith center where people of all religions, bill, can come together and build understanding and respect and peace which is all we are. >> bill: i like that idea. but why aren't you with this project now? why did you bail? we had differences of opinion. >> bill: on? >> on the vision itself. >> bill: so you and the other developers you saw it one way, they saw it the other? >> yes. now, was i anti-muslim or bigoted or unfair or biased or any of that for saying you know, and this is what i said, you know, imam, i'm for this project, i think you are doing a good thing. i want it a block or two away. i don't think it's appropriate at the cite site. was my intention bad for saying that? >> in new york city the notion of where ground zero begins and ends is a issue. i have been in that neighborhood for 28 years. mosque small building is 10

blocks away from ground zero. looking for spaces. the space that we found. space there is very difficult. i have been part of this neighborhood. the neighborhood, the committee knows me. i know them. when 9/11 happened we were as much a victim as all of the people who suffered. >> bill: did you lose anybody down there. >> yes. we lost at least 60 muslims. >> bill: how many, 6-0? >> yes. who perished in 9/11. what i loved about what you said though, with depatrol car chopra. you said that if i came on your show and condemned terrorism, you would raise a hammer and be among the worst to help us build the center. >> bill: i will. as long as it's a few blocks away. >> couldn't bring a hammer in. >> bill: i left my hammer at home. >> my wife said i had to give you this hammer. >> bill: symbolic hammer. >> a lot of people would like to use this on my head. now, listen, i say that it's

not appropriate to build a benny hanna restaurant at pearl harbor. you have got to understand where i'm coming from on this and i think the audience does. my town on long island scores of people were killed. just like the 60 muslims downtown near you, okay? and their children woke up in the morning and their mothers and fathers never came home and they -- >> -- we understand that. >> let me finish. can you reply. they said to me, will you tell imam rauf that we don't object to the mosque as long as it's just not in that proximity. because we want to keep that proximity away from any controversy at all. we don't want any controversy there. and some people may read it the wrong way. i respect their wishes, and i know you do too. >> i do very much. this is why we reached out to the 9/11 families and 9/11 community told me that i to go out and speak because it was people really understood my vision. they would all support it. and they did.

>> bill: i like the community center vision just move it a couple blocks away. >> multifaith community center where we all come together to build a coalition of muslims of christians of jews, of atheists, who believe in modernizing the extremists because we have to fight against the extremists in all of our faiths. that's where the real battle front is, bill. >> bill: if you want plurality and you want people to get on with your project and get behind you, you have got to be reasonable, too. >> absolutely. >> bill: you have to be reasonable, too. that brings me to your book. you are well-intentioned man. looking through you're book today. this is american centric. i believe americans have treated muslims, generally speaking very well. unlike the japanese in world war ii when we were really tough on them. and turned them. after 9/11 a lot of anti-muslim stuff here. i think americans have treated

muslims pretty well in this country. am i wrong? >> no you are not. you are absolutely correct. in fact, one of the things i often say when i go like i did the state department sent me to the arab muslim world i tell muslims there there may only be one or two or three incidents of muslims in mosques being attacked and you heard every single one of them. but you have not heard of the tens of thousands of occasions where americans, non-muslims came to us and expressed their support, stories of blonde, blue eyed mini skirted girl going to her muslim neighbor saying i hear you are afraid to go shopping. i will shop for you. part of the reasons i write that book is to tell those stories. >> bill: i want the muslim world to understand the reason we are in afghanistan. one of the reasons is to protect muslim women to give them a break. >> i have a whole chapter in my book about muslim women and how we have to understand that these issues to a large cultural. one of the things that many

americans don't realize they hear about what's happening in afghanistan and saudi arabia women don't drive. but there have been nine muslim presidents and prime ministers of countries. we have the malaysia has a woman central bank governor. >> bill: there is a split. >> within 10 years, bill, you are going to see a whole new different muslim world because of that. >> bill: let's hope that these terrorists get defeated once and for all. the book is "moving the mountain" imam, thanks for coming in. >> thank you very much. i look forward to your hammer. >> bill: is the obama promising cradle to grave entitlements? new ad seems to say yes. some charities are not giving enough money to the folks. john stossel has been investigating. those reports after these messages. [ male announcer ] every day thousands of people are choosingdvil®. here's one story. painoesn't have much of a place in my life.

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>> bill: barack and hard place segment tonight, one of the issues in the upcoming presidential election is the nanny state, how much the federal government should provide to americans in need. the book entitled the life of julia seem to want cradle to grave entitlements. ♪ ♪ ♪ >> bill: for those of you who can't read, social security, obama care and romney would throw you out in the street and hit you. here now fox news analysts monica crowley and alan colmes. does that offend you. >> very few things in life offend me anymore. this ad i can see is offensive

to women. what team obama is arguing is if you are a woman in particular you cannot make it through any stage of your life without the government holding you by the hand and walking you through. >> bill: julia basically is being promised though things that are part of the american compact. social security. she pays into social security, so she gets it, right? there is no problem with that obama care, some americans think that the federal government should make affordable healthcare accessible to everyone. then there is when julia is a little tyke, there is the head start program. everybody needs a head start. colmes didn't have one. you saw what happened. [ laughter ] so, i mean, what's wrong. >> what's wrong with having a compact with the federal government. makes your life a little easier. >> julia starts from age 3, goes through age 67 in this little fictional thing. >> bill: they left out the birth control that she gets. they didn't have that. >> now they will add it now that you pointed it out.

>> bill: julia is catholic i don't think they will add it. >> one what point do they put her on birth control. >> one program after another in this spiel. you are pointing out the social compact. the question in this presidential campaign is going to be what constitutes the social compact? is it going to be ever growing entitlements? is it going to be evergrowing social welfare programs which is what obama and the democrats want to do which is what they have done over the past three and a half years. >> bill: selling no doubt about it colmes you are on board with the social compact to provide. >> not only am i on board with it but most americans. all the things you just mentioned. things we are talking about in play early 60's. head start 1964, pell grants 197. social security -- >> bill: what hab the result of all of the programs. >> head started hats really helped kids. no overall what has been the result of all the entitlement programs since the early 1960s. >> i believe it's made us a richer, better country. >> bill: it hasn't made us richer we are 16 trillion in

debt. you just said it made us a richer country and we are 16 trillion in debt. >> i mean it's made people's lives richer. bill lives richer. >> he fed kids. not he i mean the presidents like lbj who started the nutrition program with head start. we have better education for kids. all kinds of things. >> bill: so you say that it's not money because obviously we are not a richer country we are much poorer. >> i should have said richer in our ability. >> bill: why do 75% of americans think the country is going the wrong direction? >> well, that's a broad question wrong direction. when you look at it issue by issue, people want to tax the rich more. people want healthcare. people wouldn't do away with head start. >> bill: not getting enough entitlements. >> you didn't tell me people want to do away with medicare, medicaid, social security? pell grants? public education? >> >> bill: i think it needs to be reformed. reorganized. >> very things we are talking about and julia is talking about here is the very things are part of the compact. i don't think most americans want to infringe upon it.

>> bill: see what most americans want. as monica said that's what the election is about. it is true that president obama still competitive in the polls. is he still competitive, all right? despite a disastrous economic portfolio and a very clear message that coleman articulates that, hey, we are the nanny state people. we are going to give you, give you, give you. and there may be enough americans to put him back who want that. how do you explain that? >> that's right. certainly over the last three and a half years but over decades starting from, well, franklin roosevelt and through lyndon johnson the democrats with the help of a lot of republicans i might point out have so expanded the dependency culture in america. >> we had 8 years of reagan and 8 years of bush. >> turned back during the reagan years. a lot of republicans have gone down this road of big government and evergrowing dependency. now bill you actually have a point in america where 50% of the american people pay no federal income tax at all. that means they have got no skin in the game.

>> bill: getting entitlements as well. >> what julia shows is that the dependency and victimhood culture that the democrats have settled for years is actually working to some extent. >> bill: it is. go ahead and wrap up. >> i didn't see we are the nanny state people. things all americans have as part of a social contract. and i don't think most republicans want to have the social security public education pell grants, medicaid, medicare. >> greatly curtailed. grave liqueur tailed under what romney wants. he spearheaded a plan in massachusetts. on which obama care he claims it was based. >> are you finished, colmes? can i go to the next seeingment? you are permitted. thank you. >> plenty more as the factor moves along this evening. some celebrity charities are in trouble for not giving money for whom donations were intended. john stossel will name the names. is it legal on a big controversy in massachusetts. democrat running for the senate elizabeth warren may

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>> bill: stossel segment. we rely on charity navigator to tell house is honest and who is not. there is r. a number of celebrities fronting charities in america. some of them should be embarrassed this evening. here who run it down for us john stossel, author of the big new book "no they can't, why government fails but individuals succeed." now, this is individual charity. i mean, a bunch of celebrities, i'm included in that because bill o'reilly.com, you know, we sell the stuff in order to give money to charity. but a bunch of celebrities front these charitable foundations. let's start with larry king. what's the problem here? >> charity navigator ranks them one star to four stars and larry king gets one star. his 26% of the money goes to fundraising. >> bill: that's a big hit. >> that's a big hit.

and their documents are not available on the web site. it's not crystal clear. >> bill: what is he raising money for? >> heart. >> bill: it's a heart fund. >> hearts are repaired. families given another chance. save a heart a day for people who can't afford top of the line heart treatment. he supposedly funds it. >> bill: okay. then we have garth brooks, country singer. he has been singled out as well by charity navigator. >> low accountability. including not making financial statements available. we called both these groups, they did not call back. >> bill: all right. charity navigator we should say is pretty authoritative. this is a watchdog group that really knows what it is doing. >> it's the best we have. there is some others. better business bureau does it they are not perfect. charity navigator gave the central asian institute four stars. they supposedly help americans in pakistan. they found most of their program spending was to it send the boss around the country troy give speeches and sell his book. >> bill: they are not

infallible. andre agassi the tennis player has problems. >> high fundraising expenses. 18.8% and low accountability. they did call back and say this isn't true. where did they get these numbers. >> bill: they are denying. what does he raise money for. >> his charity goes to foundation for education. education in the inner city. >> bill: okay. inner city. we want to note that agassi's people are denying there is a problem there now, outside of navigator, you locked in on jay-z, our pal jay-z. >> that's right. >> bill: what's he up to. >> is he a great rapper. he has made a cool half billion from his talent. he gave just $6,400 to his own charity. so we contacted them and the sean carter, that's his real name scholarship fund says hey, his mother offers extra time, computers, accounting at no cost to the charity. and jay-z contributes in other ways. >> bill: in other ways. with 6400 bucks to his own

charity. >> right. >> bill: that's not good. our palma donna big fan of the factor. >> 3.8 million for a school in that malawi and the school never got built. most of the salary went for salary, perks, golf cars. >> bill: school get anything? >> apparently it never happened. >> bill: she raised 3.8 million for a school in african nation of malawi because she adopted some kids from there. and they didn't get any money? >> that's right. except she has kept at it she has now partnered with a good charity. >> bill: 3.8 is a lot of jack and didn't get any of it. >> i wouldn't give my money to celebrities. no i wouldn't either. that i think the authorities might want to look into that if that was true. >> there are a lot of scams in africa. >> bill: that's for sure. >> can't control where your money goes. >> bill: remember that-what was it geldorf guy the rocker. >> i don't know about that one.

>> bill: it was a long time ago where they had an african, big, big benefit. >> live aid? >> >> bill: yeah. >> where did the money go? malawi spokeswoman says she was not aware of much this and she felt terrible about it. >> bill: we would like to know where the 3.8 is. that would be good. john stossel we will continue on the story. when we come back, big senate race in massachusetts between republic scott brown and democrat elizabeth warren. there are charges ms. warren claimed native american an ancestry when it is not true. is it legal moments away? it's" then there was a moment. when i decided to find a way to keep going. go for olympic gold and go to college too. [ male announcer ] every day we help students earn their bachelor's or master's degree for tomorrow's careers. this is your moment. let nothing stand in your way. devry university, proud to support the education

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>> bill: thanks for staying with us, i'm bill o'reilly in the is it legal segment tonight. very hot political story in massachusetts. scott brown is a junior senator in that case and running against harvard professor elizabeth warren in november. big money pouring into both

candidates. ms. warren finds herself in a controversy. somewhere along the line she claimed to be part native american. >> i still have a picture on my mantel at home. a picture of my grandfather and my aunt behas walked by that picture at least a thousand times, remarked that he -- that her father, my pap paw had high cheek bones like all of the indians do. being native american has been part of my story, i guess, since the day i was born. we tried to get a comment from aunt bebut answered would not let her talk. however the boston herald reports ms. warren has no recent native american families. here now kimberly guilfoyle and lis wiehl. i'm a wise guy, everybody knows that. >> that's true. >> bill: i have to say ms. warren is a brilliant woman. >> absolutely. >> bill: she didn't sound brilliant this that sound bite. >> what we know from years ago 1984 to 199 a she checked off

on directory that she is part native american. >> bill: she did this. >> she did that. we do know that. >> bill: she checked it off. >> we do know that. >> bill: she was saying to the academic world i am part native american because if you do that, you get currency in hiring, correct? >> you do. that's not the reason she says that she checked the box off. what we also do. >> bill: what is the reason. >> she said she was doing it for for social reasons. >> bill: what reasons would they be. >> go to lunch with people who have tribal. >> bill: she wanted to go to lunch with people. >> yes. that's what she is saying. >> bill: look, i talked with people at harvard, people who are actually on the hiring committee that hired her. they said, charles freed said we didn't even know that she was native american. >> bill: harvard didn't hire her because -- >> -- absolutely not. >> bill: are you buying that she wanted to go to lunch with people. >> well, i like to socialize as well so part of the latin spice club, so i understand where she is coming from. but, come on. she is -- >> bill: you are half puerto rican. >> yeah, i'm legit.

i understand where he is coming from. as long as she didn't get her job because of it. >> bill: i want to be fair to ms. warren. i want to be fair. this is a serious thing. if you are going to be operating at high academic circles. >> right. >> bill: and then run for the senate of the united states, and knowingly put forth that you are a member of an ethnic group and you are not -- >> -- we don't know that how do you define that? her great great great grandmother. >> bill: had high cheek bones. >> is cherokee. >> bill: how do you know that? >> she said that. >> bill: but do you know that. >> yes. we know that the national new england society went and went through all this genology and found the application that says that her great great grandmother through marriage is cherokee. >> bill: what does that mean? i'm not going to let you finish. you are the legal expert, is there any proof that she has a lineage. >> in that application of marriage. >> bill: is there proof. >> it is in writing, bill.

her great great grandmother. >> that doesn't mean it's true. >> bill: writing by whom? >> that's on an application. you apply and fill it out yourself. i could say that i'm american indian. >> this is 1984. do you want to go back and say this the great great great grandmother she was lying? >> bill: this is what i want is the truth. >> the gene logical society who investigated it couldn't verify because it wasn't on other documents that was substantiated. >> it's 100 years old. >> bill: the truth is we don't know. >> no. >> bill: is that the truth. >> we are taking ms. warren's word for it. >> bill: some of us are and some of under the circumstances -- of us aren't. we are finished with this now. we are going to a new york city cop who got 75 years in prison yesterday by a judge for sexual assault. tell us what happened. >> this judge went all the way to give him the maximum sentence. this is officer michael pena. sexual assault that occurred back in august of the 2011

where a young teacher, 25 years of age was on her way to her first day of work. she was confronted and subsequently sexually assaulted by mr. pena. >> bill: is he a cop is he on duty. >> is he not on duty at the time he uses his duty weapon. >> bill: be a ducts the woman and rapes her. >> charge of rape among other sexual assault charges. the jury hung on the rape charge. >> bill: the woman was physically brutalized? >> maximum on each count, bill was 25 to life. the judge sentenced him consecutively which was his sentencing option. >> bill: he never gets out. >> at the request of the d.a.'s office. >> bill: fair sentence. >> that's a long sentence but i'm tough on crime. he was an officer and he used his weapon. >> bill: you have got to take that into account. finally, a mother sues her son, another lottery thing. we keep telling you don't mess

with the lottery. buy your own ticket. put it in the drawer. what happened, wiehl? >> this is so sad. 76-year-old buys the ticket 51 million. she is there getting the ticket. lottery people say you have got to sign it over. she is shaking so much she can't sign the ticket. she gives it to her son. she says son please sign this for me. son signs it and put's son's name on it mom you don't want the media and pressure. >> bill: son signs his own name on the ticket even though his mom won. >> bought 10 cars, four homes. >> bill: calm down. >> it's mothers day. >> bill: son signs the lottery ticket even though the mom bought it and the mom won. then the money comes in and the son starts to spend all the money. >> spends all the money. >> bill: mother is suing the son? >> the mom is suing the son for approximately $32.3 million. and damages and fees because she was entitled to it. >> bill: how much money did the son spend out of it. >> i don't know how much is left now but basically he elected to take the lump sum

instead of paying it out over time. >> bill: we don't know how much is looted out of it. >> four home, 10 cars she is living in a rented home. >> he did buy her a lincoln. >> he is horrible. there is proof she bought the ticket at this gas station 18 years in a row and she finally hit the jackpot. 51 million. >> wrong wrong wrong. >> bill: all right. ladies and gentlemen, you have it. in a moment. president obama caught up in a gay marriage controversy. charles krauthammer has some thoughts. and then actor will smith saying some political stuff about taxes you might want to hear. upcoming.

>> bill: back of the book segment tonight. vice president biden told the nation he supports gay

marriage, kind of, sort of. as juan williams pointed out president obama has not support gay nuptials because his african-american base wouldn't like it. here now from washington charles krauthammer. the cultural issues like gay marriage and legalized narcotics and other things like that are they going to be any kind of a factor in the upcoming vote? >> well, i think there be some factor. they will not by any means the dominant factor. we all know that will be the economy. i find it quite clever happened on the administration side. i'm not sure that the biden remark was planned with biden you never know. is he a loose canton. he can go off at any time. i wouldn't ascribe it to a strategy. it's very clear what the administration is doing. they are telling the american people with a wink and a nod that, of course, we are going to support gay marriage. the only question, if you read the papers, the only debate inside the administration is whether to say it now or whether to stay after election dates like what obama said to

his friends vladimir and dmitry and russia after the election i'm going to be more flexible. only a question of when he is going to say it. a president announces i'm evolving on the issue. you already get high officials in his government saying they are in favor of it. do you think obama is going to announce election day my evolution stopped after arne duncan and joe biden? of course not. after the election he will say he is in favor and it will be a done deal. the reason he is not saying it now is because he has some worries about parts of his constituency. but there is no question at all about what the policy is. where it's going and that obama is dissimilar late by saying nothing right now. >> it s. it because of the african-american and hispanic american vote that, you know, the conservative hispanic americans don't like gay marriage and african-americans as he saw in california certainly don't want it. >> i'm not sure it's a major part of t. african-americans are committed to the first african-american president. they are also the most loyal

democratic constituency historically, whether the candidate is white or black. they are at 90%. hispanics are very strongly pro-obama. their vote is going to hinge not on gay marriage or on abortion. it's going to hinge on immigration and other such issues and of course the economy. i think it is to white americans as well who are still the majority. some of whom are sort of tending towards, it's a generational issue, the young want gay marriage, the older are more resistant. in 10 years it won't be a debate anymore. it will be over. but right now we're at that hinge point historically. we're about a 50/50 split in the population. >> bill: interesting it's gone from 53 to 50 against, you know, gay marriage dropped a little bit. >> oh, come on. but that's just a way. >> bill: i'm not arguing the wave of the future is much more libertarian society. >> right. it's a long term secular curve is the younger generation. >> bill: that could change. i mean if there is a economic

catastrophe in this country, certainly conservatives could come in. but there is also an electoral problem because north carolina, of course, is going to put in the constitutional amendment against gay marriage. the president needs north carolina. he can can't even lose one vote in north carolina. that's got to be an issue for him too on the gay marriage front. >> as i say, there is no upside for him to announce himself right now on this. those people who support gay marriage know where he is going. all they have to do is wait until after november 6th. and those who oppose it he will say, you know, i haven't saved my position. i am still evolving. this is a dodge operation and it will work. >> bill: do you evolve at all. i have never evolved. i'm like the -- i was born i kind of stayed there. >> i started out as something resembling a tad pole until i got to my deston nation and then i blossomed. but there is nothing unusual there. >> bill: not a lot -- >> -- i don't want to get

graphic about this but you get the picture. bill will charles krauthammer, everybody. pinheads and patriots on deck. will smith talking a little politics and taxation. p and p just over two minutes away. one application kills weeds, and stops new ones for up to four months. roundup extended control.

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geico®. fifteen minutes could save you fifteen percent or more on car insurance. . >> bill: pinheads and patriots but first countdown to mom's day. please check out our fabulous t-shirts for mom on billoreilly.com. all kinds of pithy slogans to

choose from. mom would look good in these. if you buy a copy of "killing lincoln" on the website you get list litigation's thriller eyes of justice.

>> bill: exactly, why tha is why african-american leaders should get involved with all racial injustice, not just one time. >> bill: you guys are patriots marion. warriors still need help. you don't hear about that but a lot of people coming back wounded. >> bill: now with the wllt from antarctica last week, we have the globe covered.

>> bill: my people came over from county caven during the great famine. enjoy ireland, beautiful country. >> bill: absolutely. we will see your mother saturday night. a few tickets remain. check it all out on billoreilly.com. going to be a blast on saturday. pinheads and patriots, actors matt damon and chris rock have said they would like to pay higher taxes. will smith is joining in promoting men in black iii, they are supportive of paying higher taxes, i have no problem whatever i have to pay to keep my country growing.

i think she patriot but big government spending may not be doing that. that is, of course, the problem. that is it for tonight. please check out the fox news factor website. if you came in late, check out the talking points memo. we are advancing this virginia story. tomorrow as i said we'll have the attorneys of the state here. justice is what the country is all about. if we don't have a justice we don't have a country. we would like to spout off about that story and anything else at oreilly@foxnews.com. word of the day no -- cod have is wallop, the spin stops right