>> you can catch me on imus in the morning on the fox business network. >> excellent. back to you, greg. >> all right, well that was a delightful show. special thanks to diane macedo, bill schulz, sherrod small. that does it for me. i'm greg gutfeld. i will just stair at you. start. you up for us tonight. >> "the o'reilly factor" is on. >> what obama is proposing is socialism. >> is that true? is the president of the united states an anti-capitalist? we will answer the question and provide facts to back it up. >> romney campaign has not to take the gloves off. in order to effect a change that is needed in this campaign. >> is is there bad blood between sarah palin and mitt romney? as of now, she's not scheduled to be at the republican convention. we will have the inside story. >> when it's time to go, it's

time to. >> dennis miller on whether he would support condoleeza rice for vp. >> fell hire, save matches, a duck and see what hatches.tion. you are about to enter the no spin zone. "the factor" begins right now. hi, i'm bill o'reilly. thanks for watching us tonight. the real barak obama has finally stood up. that is the subject of this evening's talking points memo. the president's comments last week about success in america are very weren't president obama because that they show how he really feels about capitalism. if you listen to the anti-obama forces on cable tv, you will hear over and over again that the president is a socialist or a communist. talking points has never bought that. it's far too simplistic. instead, the president is a reluctant capitalist, a man who believes our economic system is

stacked against the poor and working class and always has been. like many liberal people, the president believes american capitalism is often predatory, rewarding the wealthy and exploiting the workers. so what the president wants to do is restrain capitalism through taxation. if you score big, he wants a big piece of the action. so he can give what you get to other people. also mr. obama wants to regulate how commerce is done in the usa. now, i see no evidence that the president wants to seize private property, which is what communists do. also the feds are not running the fox news channel as they would be in a socialistic system, like the one hugo chavez imposed. now, i could be wrong about this, but i think mr. obama allows historical grievances, things like slavery, bad treatment for native americans, u.s. exploitation of third world countries to shape his economic

thinking rather than seeing the usa as basically noble, he gives the bad things about america far too much weight, leading to his desire to redistribute wealth, there by correcting historical grievance. all of this is pretty philosophical, but it directly affects you. the facts are these: the president speaks spending policies have not helped the economy. his lib rap economic vision has run up enormous debt that threatens everybody single one of us. yet the president doesn't seem very concerned about that. his focus continues to be to take from those have and spread the money around. brand-new fox news poll, americans were asked, has the obama administration made the economy better or worse? 37% say better. 49% worse. 10% believe the president's policies made no difference. however, in the same poll, americans support a tax increase on the wealthy by a 52-42 margin. so to some extent, the president's class warfare

posture has worked. in order to defeat the president, mitt romney will have to convince you, the american public, that we will all be much better under robust capitalism. that of mr. obama is voted out, the private marketplace will rebound, creating decent paying jobs. the president will counter with the status quo, which is shaky. mr. obama is not a socialist. he's not a communist. he's a social justice anti-capitalist. that's what he is. that's a memo. now for the top story, reaction. joining us, radio talk show, laura ingraham. you can't possibly disagree with anything in that memo, can you? >> first of all, talking points believes that obama is not a socialist, right? >> yes. >> what do you believe? >> i am talking points. [ laughter ] >> bruce wayne. >> do you ever disagree with each other? i want a day where you said, that talking points got it

wrong. bill o'reilly has another view. >> i'm leaving that -- if i ever do get it wrong. now i have it right and i think you know that's why you're starting to petty fog the issue. >> we've had this discussion before and i don't think these labels get us anywhere. i think -- >> do you call him a socialist on your radio program? >> no. i don't. i call him what i think you pointed out, very well what he is. economically he's a disaster for america. and what do you call him -- whether you call him socialist or -- he's not really had much experience, bill, in the free market, working in the free market, whether as a boss or an employee. so his experience in that free market is very limited and really to come in and kind of oversee or run the biggest economy in the world was quite a leap in 2008 and i think we're seeing the results of that. >> i don't disagree with that. i don't think his strong suit is economics doll. i think his advisors served him

poorly. it's much more important to understand, i think, for the people who haven't made up their minds yet about whether to vote for the president. >> facts. >> not the facts so much. 'cause the facts are out there and if you want them, you can get them. >> okay. >> but what drives the man? you see, this -- >> i don't think people care. i totally disagree. >> they should. >> okay. >> because if he's relie detectorred, there are no restraints. if barak obama is reelected, you basically are saying, the american public is saying this, if barak obama is reelected: do what you want. >> yeah. the dependsy culture is what is being empowered right now. so the president comes forward and says, we can got rid of the work requirement and welfare. the president comes forward and says, we can have a broad based amnesty for pretty much everyone under the age of 30. that's a huge give away to the underclass in an open door policy for more people to come in here illegally. he now has a big cooperative agreement, continuing with mexico to promote food stamps in mexican conflict, in the mexican

embassy to promote them all across the united states, to migrant workers and other mexicans in this country. now, that doesn't seem to scream pro-growth, free market, self-reliance, all these virtue that made america. >> he's never been for that, ever. >> no. so -- >> that's not who he is. >> my point is that you get all hung up. i don't know if it's to marginalize talk radio, but you get hung up on, well, he's not a socialist or communist. people say that. who care what is people say? >> i tell you what, undecideds hearing this stuff feel sorry for him. >> no, they feel sorry for the country. i don't think they feel sorry for him at all. >> what exactly he is and i spelled it out. how do you see the 52-42 in the fox news poll favoring a tax increase on the wealthy? >> it's consistent polls taken over the last really -- >> what do you think drives them? is it class envy? what is it? >> no. i think people hear that and

say, well, i guess if the money is going to be used to pay down the debt. >> but it's not going to be used for that. >> but i think a lot of people believe that. >> why would they? >> why would they? because i think people are somewhat naively hopeful that that's what government will do. government wants to raise taxes, they don't want to raise taxes to just give it all to a bunch of people to be more dependent on food stamps or give it to green energy companies. they want to do it so america will get better. >> you say that the 52% who want to raise taxes on the wealthy are misinformed? >> also i think they also don't understand or don't know that increasing taxes as the president would like to do as the study showed this week, will kill about 710,000 jobs, will decrease our output, will decrease our investment income, capital expenditures, will lower wages in the united states, will have a long-term devastating, not uplifting effect on the economy, but a devastating effect on the economy. >> people should go and try to

google earn earnist and young and read that report. >> nice talking point. >> yeah, i know. next up, is there bad blood between sarah palin and mitt romney? we'll have the inside story. later, dennis miller support condoleeza rice as romney's running mate? the d man will be here, up ahead

[ male announcer ] if you believe the mayan calendar, on december 21st polar shifts will reverse the earth's gravitational pull and hurtle us all into space. which would render retirement planning unnecessy. but say the sun rises on december 22nd, and you still need to retire. td ameritrade's investment consultants can help you build a plan that fits your life. we'll even throw in up to $600 when you open a new account or roll over an old 401(k). so who's in control now, mayans? in the impact segment tonight, an article in "newsweek" magazine by peter boyar, a good reporter, says there is tension between the mitt romney campaign and sarah palin. that suggests she's been lukewarm in endorsing romney and supported some of his rivals in the past. >> he's got to take the gloves off. the romney campaign has got to in order to effect a change that is needed in this campaign and

turn things around for the country. can't hold back. >> bill: apparently sarah palin has not been invatted to the republican convention and joining us from washington, michelle fields, reporter for the daily caller web site. and from fort worth, texas, janine turner. she hasn't been invited. does that surprise you? >> i think it's a little early yet. >> bill: jeanine, no spin zone. not early. every room in tampa, florida is taken. so now if sarah palin were invited, she'd have to sleep in a tent. every room. >> no, no. i think she has -- i'm not saying it's too early. i don't think they've invited a lot of people yet. i believe that palin needs to get behind romney and i believe romney needs to recognize palin's virtues and how she can be an asset and -- >> bill: you want detante? >> i want them to come together. >> bill: in a couple -- kumbaya

moment. >> when i make a movie, i like the actors to be inspired and talented and bright and sometimes better than me because it inspires me and makes a better movie. in this movie, we want the ending to be that barak obama is defeated. >> bill: if you were making a movie with bill maher, i don't know if that would be possible and that's the problem here. michelle, that there is bad blood may be overstating it. maybe overstating it because what happened in the primary season was that sarah palin was obviously not for mitt romney. the romney people obviously recognized that and now saying we got it. really we really want her around? the answer so far is no. >> this isn't surprising because she is sort of a wild card and there is that possibility that she will go rogue. she's very charismatic. romney isn't. so there is the possibility they're at risk she will outshine him. right now, romney's campaign is

focused on independents. sarah palin is a bit polarizing. what they're doing is they don't want to be associated with her. >> bill: is that really smart, though, michelle? you can give the governor of alaska a platform on a day that mitt romney isn't speaking. you can have her rally as jeanine pointed out, the tea party folks who adore her, and what's the down side of that? they don't even have to see each other really. >> yeah. i completely agree. but i'm saying from romney's point of view, is that they're already going to get conservatives because they dislike obamacare -- >> bill: some might stay on. >> they think obama is so polarizing that conservatives will come out no matter what. >> bill: jeanine, if michelle is correct and it's anybody but obama, which is one of the things that sarah palin actually says, why bother bringing in somebody who is really not very nice to you in the run up to the nomination? >> well, i think it's very, very, very important and actually i think the

conservatives, republicans, tea partiers, a bit pack husband right now and everyone needs to come together like the pieces of a puzzle to win this. texas is a pink state right now. we're not even red. i think the outcome -- >> bill: you want to put money on that, by the way? you want to go to the lone star on that? i'll take romney carrying texas. okay? >> we're pink right now! i think that's kind of interesting. >> bill: i'm just asking you if you want a piece of that action, i'll bet you a steak dinner that romney takes the state. >> i'm up for a steak dinner. you're taking obama carrying texas. just so you know that. >> we're pink, though! my point is, we need to not take anything for granted. we need to come together and we need -- >> bill: if i were running the convention, michelle, i would invite sarah palin to speak. she is a force and a republican party. >> she's going to be there any way. >> bill: she should have a platform. last word, michelle? >> look, she's going there

anyway. she already -- >> bill: i don't know if she's going. >> no, she rented out space actually that the five minute walk from the convention. so she's most likely going to have a tea party event. either romney plays nice and becomes friends with her or she's still going to have this huge event, walking difference for reporters to cover and she's president-elect obama going to talk trash about all the republican establishment. >> bill: all right. ladies, thanks very much. here is a brand-new billoreilly.com poll question. who do you favor as mitt romney's running mate? please just select one. condoleeza rice, marco rubio, paul ryan, sarah palin. the prosecution will use the interview with sean hannity against zimmerman. dennis miller on condoleeza rice. would he support her for vice president? those reports moments away

>> bill: two very hot topics beginning with sean hannity interviewing george zimmerman. authorities say they will use that interview against him who is charged with murdering trayvon martin. here is what might be in play. >> is there anything you regret? do you regret getting out of the car to follow trayvon that night? >> no, sir. >> do you regret that you had a gun that night? >> no, sir. >> do you feel you wouldn't be here for this interview if you didn't have that gun? >> no, sir. >> you feel you would not be here? >> i feel that it was all god's plan and for me to second guess it or judge it. >> is there anything you might do differently in retrospect now that time has passed a little bit? >> no, sir. >> bill: here to analyze, meghan kelly. why do prosecutors wants to use this? >> of course, it's a statement

by the defendant. so they're going to put this into evidence and that's not unexpected at all. the real question is why would his attorney agreed to this? i can even understand george zimmerman want to go speak. a loft defendants want to speak. it's up to their lawyers who are counsel, who are schooled in the law and the ways of criminal defense to say, it's not a good idea, george. >> bill: why wasn't it a good idea? what did he say? >> because human nature that the more times you comment on something, the more inconsistent -- >> bill: did he make a mistake? >> he offered a couple statements that are inconsistent with his prior statements already. >> bill: he did? >> yes, he did. and not only that, but the part you just played is potentially problematic for him. do you have any regrets? regrets about getting out of the car? taking a gun? any regrets? no, not at all. it was god's plan. then he comes back after there was clearly a break and says, when i said i had no regrets, i thought you were talking about -- let me finish, i thought you were talking about whether i had regrets about talking to the police or getting an attorney. well, that's not at all how it went down. hannity asked, do you have regrets about having a gun?

no. regrets about getting out of the car? no. so he looks not credible to come back later and say, oh, i thought you were talking about do i regret -- >> bill: his lawyer told him to do that. >> i know. >> bill: you see this as a big loss for george zimmerman? >> it's not good. i think it's not hish8ñ6 it's his lawyer's fault. >> bill: they've already said he's innocent to the world. they pled not guilty in the case. >> if the furor over this died down for the time being. so there is no reason to try to get to the jury pool. the only people who matter are the people who are going to be judging him in court. first the judge, if he gets past stand your ground, then if he doesn't get past it, he'll go to a jury. when you get before the jury, you want to be as charming as possible and tell that story of apologies and so on, how you had to do it, go for it. but you don't need to sit down and do it like this 'cause it's another statement that you'll have to be perfectly consistents on, otherwise the prosecution will use it against you. >> bill: all right. terrible story here in new york. two young boys raped by an

adult. >> yes. >> bill: over a period of five or six years. >> right, beginning when one was 11 and one was 13. >> bill: they are pleading guilty and given two years. >> rick: the defendant. >> bill: by judge martin murphy. let's put his picture up. judge murphy. this is almost beyond belief. this guy rapes two boys for five or six years and murphy, the judge, there is the guy -- gives him two years? >> this is a disgusting man, this andrew goodman who groom -- who admits in open court to grouping these two young men trying to seduce them with gifts, trying to pull them away from their parents, to convince them their parents don't love them and so on. this is how it's done by some pedophiles and goes into court while admitting to me lowesting them for four years and says, to them, to boys, you don't know what i've been through. then looks at the judge and says to the judge, first of all, let's get this straight, the age of consent is lower in many parts of the world. so let's keep this in

perspective. >> bill: he's unrepentant pedophile. why didn't the prosecution take him in, put him in front of a jury, could have convicted him on a 48-count -- >> they wanted to. >> bill: the judge basically stopped the trial? >> yes. there was no trial. >> bill: i know. why wasn't there a trial? >> because what happened was the prosecution charged exactly as they should. he could have gone to jail for life. and the defendant walked into court and said, guilty. you got me. and the judge said he was going to give him this two-year sentence and so the defendant said, okay. guilty, judge. the prosecution said, whoa, whoa, whoa. with he want a trial. we've got the victims who are ready to take the stand and the judge said, it's not necessary. the guy is pleading guilty to all of the charges. >> bill: for two years? >> right. >> bill: i thought they had some jessica's law component here in new york state. i was wrong. there is to jessica's law or mapped tri. >> it's a ten-year probation minimum. >> bill: we got to get governor cuomo and governor christie, both guys have ignored this and

now we have two -- and i understand one of the victims appealed to the judge, don't give him two years. >> first of all, you know how much courage it takes for a victim of sexual assault, a young boy to come out and say, judge, this happened to me. i was raped by this man repeatedly. and what message did this judge send to that boy and all the other boys in brooklyn in that jurisdiction just like him if. >> bill: two years doesn't mean anything. >> i'm not going to stand by you. >> bill: that's right. we have tried to get a comment from this murphy, this judge murphy. he's hiding under his desk. >> i called and didn't get a response. >> bill: right. like he's not accountable for anything that he does. >> it stinks to high heaven as well because there was a report, we didn't get this, but there was a report from somebody who apparently knows the judge saying he did it because he wanted to spare the victims the pain of a trial. >> bill: the victims wanted to go to trial! >> and stood up as he was issuing the trial saying let me take the stand. >> bill: this is why cuomo and christy have to get behind jessica's law to take it away from these crazy judges.

>> the long history of legal aid, criminal defense this judge had and this guy who has been in jail for a couple of years. >> bill: he walks! >> he gets out in september. >> bill: all right. thank you very much. plenty more ahead. public school in virginia offering a 12-year-old boys con demeanors in a big jar inside the school! wait 'til you hear this. dennis miller on romney's running mate. and "american idol" chaos. tell me it's not true. we hope you stay tuned for those reports

and how this unfolded tonight. >> witnesses say they had entered the theater, many were there for part of an hour. and the movie started. they made their way to the previews as the movie started. two individuals, one in each theater custody up. the individual had what looked like body armour on and wearing a gas mask and the individual said they heard several what

they called bomb squads and we believe it was tear gas. that caused may office. the witness said the man then raised the weapon and started shooting. we told from witnesses they saw several children that were hurt. i spoke with a witness who saw a baby shot at pointblank range. as they ran out to the main part of the theater there were several police on the scene. what we know from police force they have one person in custody. that person was believed involved in the incident. there are as many as 10 to 12 dead inside. we confirmed tended inside. some transported to local hospitals. obviously, a very much developing scene as they look for the second person they believed involved. >> justin, describe the feeling

there, tonight, there must be a fear, a nervous news, and so much tension. we can listen to what happened but we are not there. describe the feeling there on the scene. >>guest: i am looking at 50 individuals that made their way down here. some of the people were not necessarily in the theater but around the theater. several people are crying and two people holding their hands over their face. this is setting in. they realize what they are part of out here, this tragedy. there are tears in their eyes. a lot of the people are young people so it is typical for them to not be able to deal with this. they want to know what happened and that they are safe. is the second person in custody? we do not know. we are only three hours into this. it is an active scene. >> justin joseph, our affiliate

reporter from fox station kdvr in denver, thank you very much for going through and re-capping this. stay with us. let me re-cap for our audience, we are reporting to you breaking news from outside of denver, colorado, where there has been a mass shooting at a movie theater, a midnight premiere of the latest "batman," movie "the dark knight rises." it was packed. as the movie started two gunmen rose up from the seats. they had tear gas and it sounded like explosions. they were armed with weapons described as long guns and started randomly shooting at people. we understand from the reporter on the ground at least 20 people have been injured and taken to local hospitals. 10 to 12 people have been killed including children, possibly

even a baby who an eyewitness reports was shot at kloss range. this is a terrible mass shooting that has occurred this evening. again, it was in a packed theater out of denver, colorado, one of the shooters is in custody. police were able to apprehend him quickly after the shotting. another shooter is loss. there is an active search for him right now. terrible breaking news coming from outside of denver, colorado, this evening. we are joined by justin gentleman -- joseph, our reporter. he works for kdvr in denver. justin, you have worked there a while. how will police try to locate this shooter in have you heard anything about where they thing he might be? do they thing he might have gotten far? could he be in the neighborhood? is there any description of him

in is he a younger person? older? what do we know? >> from my law enforcement background, the first thing they will do is look at the surveillance video. they want to know who he is. the best news is they have one person in custody. i'm told from a source this person was taken into custody immediately after the shooting. they will get with that person. probably as we speak. they will try and get as much information from this person as they can. and if you understand this, this person will feed us to the second individual. more details is that as the shooting started i was told an alarm went off in an adjacent stock market and that is where the second term may have gone. these are just preliminary details. we are working to confirm them. we expect more answers as police come.

we may very well have more details for you here in a minute. >> did you hear from anyone on the ground, any description of the first shooter? younger person? what do we know? >> all we know is what he was wearing. i have not spoken to eyewitnesses. i hear that from police sources. that is what the individual was dressed like with body armor on and a gas mask on. there are five regional transportation buses putting the witnesses on the buses so they can interview them. that is their priority. to see what happened inside the theater. >> you mentioned aurora is a suburb of denver, a major community. describe what kind of community it is.

what kind of crime does it experience. >> hard to generalize. it is a very large community. there are parts of it that are new. parts of it are very old. the older parts, you can see a lot of gang activity which you may not see in other communities but that is an initial impression. the area this happened is next to city hall so it is an active area. this is a large mall. a lot is happening. it is by a busy interstate that intersect this town and denver. a lot of people travel. no doubt these people expected this theater to be full. this looks premed indicated. they came to a place there would be a lot of people. in a busy part of town. >> it sounds as though it was prhear more of that as we hear from police. you mention the gang unit had

been called out. is there a gang problem in aurora? is there belief that this is gang related? it is due to a gang problem? >> i can't speculate on that. is there a gang problem in aurora? that depends who you ask. there are gangs here. the gang unit is on the scene. that is fairly inbound to have that happen this early. so they must have some indication this may be gang-related activity. >> you mentioned in addition to the explosions of the tear gas in the theater that this might have been some device outside in some vehicles. can you explain that? >> what i was told they found two separate devices in two vehicles in the parking lot. the initial report was a device went off but we did not confirm that. no one was injured.

but it looks there were two separate devices. >> two separate devices. outside the theater? in vehicles? >> in vehicles. they identified the suspect vehicle quickly and saw devices. we got an update the chief of police will be addressing us at 3:15 mountain time. that is in 15 minutes. hopefully they will have more details. as you know, the information is coming fast and furiously so often it is trying to get everything to a central place to talk about that. >> justin were you able to talk to anyone who was actually in the state or watching the movie? could you hear firsthand an eye witness account? >> we spoke to two or three people when we first got here need the theater, next to where this happened.

there were bullets coming into their theater. they went out and saw the panic in the lobby. >> can you recount that again. i have a lot of noise in my ear. recount what you heard from the witnesses. >> the eyewitnesses inside the theater they were in the theater next to where to happened. they said there were bullets coming through the walls. they saw smoke and tear gas. they saw the shooters in the lobby. they escapeed to where everyone is. >> i cannot imagine the fear, the anxiety and the absolute horror on the scene. it must have been something out of a movie, i hate to say. >>guest: talking to the people you can tell many of them have been crying but now they are stoned face because they are coming to terms with what they witnessed.

a lot of the people are very young. this is very difficult for them to get their mind around. you see these people sitting around the edge trying to understand what they have just witnessed. >> thank you very much. stay with us here for another few minutes. to re-cap for our audience, this is an overhead shot of alawyer -- aurora, colorado, a massive shooting at a friday night premiere of "dark knight rises." 20 people have been injured and possibly 10 to 12 have been killed in the mass shooting. not movie theater. two gunmen, as the movie started, threw tear gas and started randomly shooting at people. we understand this are children and even a baby who has been killed. we are getting details from police. the scene is very much still