special one up for you. go there, answer it. good night from washington, d.c. see you tomorrow night at 10:00 p.m. eastern right here on the record. now. author guy will be mad. >> bill: the o'reilly factor is on. tonight. >> i can't find out anything, can you? i don't know what happened to benghazi. i don't know what happened in the irsz. i don't know what happened with james rosen. i don't know what happened with this one. they won't tell us anything. >> bill: that's what i said on "the today show" this morning as yet another scandal has dropped on the nation. this one involving an alleged coverup of crimes by hillary clinton's state department. james carville, rand paul, cawley and colmes will all analyze. >> i think that it's important to a lot of people who support the family that they have a front row seat. they don't trust the media. >> will the american press cover the zimmerman martin trial in a farewell? we will take a look at that question. >> would you mind if some of your electronic

communications the government was looking into? >> i think that would be a little scary. >> bill: also tonight jesse watters asks the folks what they think about the feds spying on them. >> it's almost like living in communist country. >> 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. another day, another scandal. that is the subject of this evening's talking points memo. so now a whistle blower with credibility saying that hillary clinton's state department covered up misbehavior by an american ambassador and other state department officials, prosecution and drugs are allegedly involved. >> i'm not going to talk about specific cases. but i can say broadly that the notion that we would not vigorously pursue

criminal misconduct in a case, in any case is preposterous. >> bill: okay, fine. another round of investigations loom. we now add this sort of situation in benghazi. the irs, spying on reporters, and the possible spying on calls and emails made by american citizens. what's next? breaking into a washington hotel? it's clear the obama administration is under siege with all these allegations. and the president himself must step up and stop the chaos. surely he knows what happened in libya by now. so he should tell us who ordered ambassador rice to mislead the world? who denied protection to the ambassador when he asked for it. and who gave the standdown order on september 11th? also, the president should have asked attorney general holder to resign last week. the top law enforcement officer in the country cannot sign off on a document calling a reporter like james rosen a coconspirator to a crime and a flight risk and still keep his job. come on. in addition, the president

must explain in full the prism program. is the federal government collecting the emails of americans and storing them? yes or no mr. president? finally, the president must order any irs official involved in targeting conservatives to testify fully in front of congress or resign. it is barack obama's obligation to run this country honestly. and to explain to the folks complicated matters and serious allegations. just saying he will get to the bottom of things is not nearly enough. we need presidential leadership on these serious situations now. mr. obama does not clarify all of the controversies, he will go down in history as u.s. grant. a scandal ridden president who lost control of the office. there is no longer any doubt the federal government is deeply involved in situations that are harming the american people. and this must stop immediately. the president of congress cannot concentrate on serious issues like immigration reform, soft economy, iran and the institution of national

healthcare mandates with one scagesdz after another diverting everybody's attention. time to stop the madness, mr. president. and that's the memo. now for the top story tonight. reaction with us james carville, a democrat. so where am i going wrong? >> a democrat. i don't know some of these things as far as i know are not scandals. some of them merit looking into. in the reagan administration had 134 grand jury investigations and 13 people convicted. that's scandal. the fact that some people in the cincinnati office at irs were looking into this, if somebody audit it from washington that's scandal. ought to go to jail. if this stuff that went awry, that's not a scandal. there is a difference between something going wrong and being a scandal or being illegal. in terms of the nasa spying, it was the executive branch, the congressional branch that authorized it, the judicial branch that signed off on it. it may be bad policy but that's not a scandal there is a difference between bad policy andandal. >> bill: let me ask you a

couple of questions, all right? >> all right. >> bill: who mislead ambassador rice to tell everybody it was a video? who did that? >> first of all. >> bill: no, no, no. james. >> the cia was a person ha was doing that every person has been released. >> bill: wait a minute. you are an astute man. >> asked cia. >> bill: who. >> david petraeus. >> bill: okay you say that general petraeus, head of the cia told ambassador rice to mislead the world. >> they did not want that out at the time investigation. in all of the emails have been made public. >> bill: petraeus says he didn't do it, all right? and in print it says he doesn't sign off on it but you are still laying out? >> i'm telling you there was no all of the emails have been -- i asked you all of the emails have been made public. >> bill: okay. >> there is nothing left to know. by the way they ordered an

investigation by admiral mullen. standdown. bob gates said nobody knows. >> it's not a scandal. >> bill: we're going to call petraeus to be fair and ask him if he ordered rice to do it. you say petraeus. president obama has never said who did it never. >> that's not a scandal. >> bill: that doesn't matter. i'm asking a simple question. who did it. >> the cia. >> bill: the cia. >> ask youd me four times it's the cia. >> bill: carville solved that one. president obama didn't say it. now, on the scandal today, all right. or this is a pretty serious whistleblower, this woman worked for the inspector general for a long time and says the belgium ambassador was doing all kinds of bad things and covered up. do you take this seriously? >> i think, again the state department does because they have ordered outside law enforcement agency to review. this. >> bill: do you take it seriously? >> i think it ought to be looked into just like i take the irs thing seriously.

>> bill: look into that, look into the irs, we are going to look into the prism program. >> look into it that's congressional judicial and executive signed off. >> bill: what if they were violating it and taking email. >> no indication they were violating the law. the law might have been bad. >> bill: no, no, the whistleblower says they were violated quite clearly. >> the whistleblower. >> do you dislike. >> i don't dislike. >> bill: you don't believe him. >> the scandals, the only thing that it says about the former secretary of state is that there was a rumor that she asked her head of security he had ever used a prostitute. let's stop the government there. there is a rumor that the secretary asked. >> bill: don't you see scandal de jour. don't you see one after the other after the other after the other. >> i think people with fantasies that are trying to get them to play out. >> bill: you don't see any -- >> -- no, i took the irs story seriously. the state department has taken this seriously and has said guilty because

they said we are going to refer it to an outside person. like ambassador to iraq who was sending salacious emails. it ended up he married the woman. >> >> bill: why do you take bad behavior and always point to other bad behavior? finally attorney general holder, should he resign? >> well, i never -- to be honest with you. >> bill: should he resign. >> i have never been -- i thought he could have gotten more people in the financial scandal. >> bill: should he resign? >> look, the president doesn't want him to resign, he works for the president. >> bill: if you were president carville would you have him resign? >> i'm not going to answer that. >> why? >> because i don't want to. >> bill: why? >> because i don't want to. >> are you embarrassed to it answer it. are you disloyal. >> i didn't get elected president. >> bill: i'm sure you would like to be, carville. >> not me. if you want' a scandal if they looked into my background o'reilly, there would be a lot of real scandals. >> bill: why won't you answer the attorney general question? why? >> because i'm not the president. i have publicly said. >> if you were american

president would you think the country stronger with him not. >> there i would have had somebody more aggressive in the financial crisis but that's me. >> bill: right now an as american and i know you are, would the country be better off if holder resigned? >> no, i don't think so. i don't think is he like incompetent. i think he could have been more aggressive in financial scandal. >> bill: okay, carville, i don't know if this is a good situation for the democratic party. >> we will see. one thick is we can't get any worse than the republicans. oh, yeah, you and i have been doing this for a along time. we'll be back on this one. >> bill: third party then, carville. next on the rundown, senator rand paul on what he knows about the auto mail jation. excuse me. and later jesse watters inquiries the folks about the feds possibly spying on them and we are coming right back.

at od, whatever business you're in, that's the business we're in with premium service like one of the best on-time delivery records and a low claims ratio, we do whatever it takes to make your business our business. od. helping the world keep promises. your chance to rise and shine. with centurylink as your trusted technology partner, you can do just that. with our visionary cloud infrastructure, global broadband network and custom communications solutions, your business is more reliable - secure - agile. and with responsive, dedicated support, we help you shine every day of the week.

♪ right. but the most important feature of all is... the capital one purchase eraser. i can redeem the double miles i earned with my venture card to erase recent travel purchases. d with a few clicks, this mission never happened. uh, what's this button do? [ electricity zaps ] ♪ you requested backup? yes. yes i did. what's in your wallet?

>> bill: in the impact segment tonight, is the federal government through the anti-prism program confidentially storing the emails of americans? that is a crucial question. joining us now from washington is senator rand paul of kentucky. is the nsa tapping into the email system, senator? do you know? >> no, i don't think i have an absolute understanding of it because they won't tell us director clapper has said oh we are not collecting them. i don't know. does that mean he is not storing them? what does he mean is he not collecting them. same thing about phone calls. >> bill: you don't know. the whistleblower, is he running away from the authorities now. he says they are doing illegal stuff and that's why he came forward and put his whole life on the line. what do you think of this whistle blower guy should we track him down and bring him back and try him? >> i think what's most

important is what he is talking about which is the bill of rights, the fourth amendment, the right to be free from unreasonable search and seizure. that does rise to a very high level for me. then you have to ask yourself he is practicing civil disobedience and many times in our history we have honored people who have done that. i'm reserving judgment on that. i am worried on the one hand about people who release information, who might get people killed in the field, i don't think this rises to that. i think he released information to say, look, the bill of rights is being ignored. and i think that in many ways is a noble gesture because is he having to give up a great deal to be on the run. >> bill: you would agree with me though we can't have anarchy and everybody deciding what national security secrets to leak to the guardian newspaper or the "the washington post" there has got to be some orderly process if he he does it is an act of civil disobedience come in and explain it and prove it he hasn't proved it yet. all we have are allegations, senator. this might not be happening at all the prism program

night not be violating anything. >> well, you know, i think the question is bigger question. it's really about whether or not when you give your records to it a third party you still have protection because the court actually may well rule according to the court cases from the 1970s, miller and smith, that your records when somebody else holds them you don't have a fourth amendment protection. i disagree with those rulings and think we need to revisit them because your cell phone records actually can be used to trace your movement. last year the supreme court had a case about g.p.s. where the police can tag your car a g.p.s. finder and track you without probable cause or warrant. the supreme court said. no i think your telephone is somewhat like that. they can track your movements so i think they need to have a warrant that says you have been accused of a crime and there is probable cause to believe that we need to track your movements. we shouldn't go through the records of 100 billion phone calls a day. >> bill: however, if the

national security agency and the cia and everybody else says we need this capability to snuff out terrorism, i, as an american, don't have any problem with time and place of calls. i don't have a problem with that. i think it is constitutional four the authorities in. >> anna: at this terror program very well defined with the fisa warrant to do it. all right? not any cop anywhere slapping a little gizmo on your car. i agree with the supreme court there. >> but time and place would only be target the phone calls which i'm not opposed to, also. it would be targeted suspicion and you're presenting a case to the court. when you look at every phone call that verizon made for three months. >> bill: they store them and then when they get a hotline, then they throw the hotline in and see who has called it i really don't have a problem with it i do have a problem with listening to the call or reading the email. and that's the crux of our discussion here.

now, you as a senator, i just want to be quite clear here. you as a senator, who is very interested in this situation, you don't know what the the national security agency is doing, whether they have culled these emails and storing them in utah or whatever. you don't know, correct? >> i only know what they will tell me and that's very limited and some of what they tell me i'm not aloud to talk about. what can i talk about is what has been revealed by this whistle blower that a billion records are being looked through, are being sorted and sifted through. this is a real problem. >> bill: any of them emails or. >> invade the right to privacy. >> bill: are any emails being looked at or is it all telephone calls? >> right, from what i understand, what we're reading in the press is telephone calls. however, what i would say is by coordinate nalgt mega data from phone calls, you can also toll where people are going. how many times they call

someone. there are a lot of things you can determine about a person's life. i would also say that under today's understanding from the supreme court, your visa record is not private and does not require a warrant there is a mistake. i think your third party record should get the protection of the fourth amendment. >> bill: let's see how that legally evolves i want to know i think do you and i think every single american or anybody in the world watching me now, i want to know if what this whistle blower says is true that the national security security agency is taking emails. words on paper and storing them. are you going to be able to find out? >> that's the question. the only way we will know is if president obama and his administration choose to be the transparent administration they promised they were going to be. if they chose to protect privacy, if though chose is it to release even some of these fisa court orders.

they don't. they are horrified that we now know that probably not just verizon, at&t, i think every phone call and every cell phone in america is getting the same order. >> bill: going back to the caller center you are on the homeland security committee. i have got to know about the emails. and i would like to you find out and hold hearings and get them. in are you taking the emails or not? that's what we need to know senator. >> here is the question on the emails. the current law says that after six months you don't require a warrant. and that's even to get all of the data concerning them. it usually is not to read them. so, if we can take them at face value, they are not reading them. even looking at your emails over six months without any kind of court order or warrant. >> bill: is wrong. >> i think is wrong and we're going to try to fix that. >> bill: i hope. so we need to get it better defined. senator, appreciate your time tonight. crowley and colmes on 00 security de jour situation.

will the american press cover the murder trial of george zimmerman in a fair way or has the media already convicted him for killing trayvon martin? is it legal on that upcoming. if you're suffering from constipation, miralax or metamucil may take days to work. or faster relief, try dulcolax laxative tablets. dulcolax provides gentle relief overnight unlike miralax and metamucil that can take up to 3 days. for predictable relief try dulcolax.

and metamucil that can take up to 3 days. i gotta go deposit a check, transfer some money. so it's your uncle's turn. what? wait, wait, wait... no, no, no, wait, wait.

(baby crying) so you can deposit a check... with the touch of a finger. so you can arrange a transfer in the blink of an eye. so you can help make a bond... i got it. that lasts a lifetime. the chase mobile app. so you can. >> barack and hard place segment tonight, will the president begin explaining all the scandals or not? here now monica crowley and alan colmes. colmes, you want mr. obama to clarify things, don't you. >> by the way, great carville is a scandal benghazi not a scandal. there are issues he has got to clarify. i would like to see the president hold a prime time news conference hopefully ending before 8:00 p.m. eastern. just trying to help. >> i'm glad to hear you say that. >> answer all the questions. >> have a scandal news conference. >> you want to call it a scandal. he can call it whatever he wants. have a miscommunication

news conference. >> set the record straight. >> misunderstanding then he answers every question. he hasn't said anything. he knows what happened in benghazi. carville, the cia, the cia did it. >> information that rice took -- >> -- petraeus put in writing that he was not comfortable with the rice situation so that's just bs. we have petraeus, the head of the cia at that time. so, carville doesn't know who did it. you don't know who did it, you don't know who did it, and i don't know. but you know who knows? president obama. bill. >> who did what? >> bill: told ambassadors rice to gout oand tell the world this is what caused the benghazi assassination. >> moment. >> bill: it doesn't matter what we believe. we need a name on it. >> republicans have been trying to make this a scandal since before the election. they have been trying to use it to get romney into office. >> bill: i'm dealing with the facts. the fact is you don't know, carville doesn't know, i don't know and crowley

doesn't know and that is unacceptable. what about this whistle blower guy. snowden. you saw senator rand paul sympathy for this guy. >> there is a lot of sympathy out there. >> sympathy for him. >> case nuance than trying to determine whether is he a hero orrville alan. i any you can be on the side of wanting to protect america's' national security secrets. but also be deep concerned about the potential abuse of these kinds of surveillance programs. >> bill: well, you are dodging the question. should this guy be tried? >> he broke existing law and therefore he should be tried. >> bill: okay, should he be tried? >> i don't know whether he broke the law or not. i don't know the answer to that question. i don't know what he signed or what he might have said that was in violation. >> looks like glrge remember, there is a loft uncertainty here about who this guy is, what kind of access he really h look, he could be a spy for china. >> bill: a spy for china? >> a spy for china. >> a lot of uncertainty out there. based on what we know it

looks like he broke existing law. as a contractor remember, he wasn't a government employee. >> they are operating under the same kind of acts acts. >> so they can nail him on that. >> now, we have the irs why have the snooping. we have benghazi. we have all of these things, colmes. it locks like president obama has lost control of the process. >> they are not all equal. >> every day now that's why he needs to be very clear. chiewn indicate. lack of trust government. people do string these together whether they belong that way or not and he needs to clarify. >> all right. he has to do something soon, wouldn't you say? both of you? he has got to do something soon or it is going to be u.s. grant. even when i was at "the today show" this morning, nbc news, okay, i would say the most fervent obama news agency in the country nbc, wouldn't you agree?

i think so, all right? even then they are going whoa. >> nbc, holly smokes that's when you know he is in trouble. >> can't defend him anymore, the president. because is he in charge. >> still go to great lengths to protect him. >> not today they didn't. >> what you and alan are saying are correct. >> can i get that on tape please? >> you got it on tape. >> thank you. >> the president is overwhelmed by all of these scandals. all of the soodz of the scandals were planted in his first term. going before the american people and doing what you and colmes are suggesting, which is lay it all out, get the story out, get the facts out, tell the american people. >> bill: right, here is what we know. >> that only works when you are not guilty. and nobody around you is guilty. the reason he hasn't told us. >> bill: is he guilty. >> the reason he hasn't been angry about the irs. >> how do you know is he not angry? >> oh, alan, this man has not shown one iota of anger. >> not innocent until proven guilty? >> he has not shown one iota of real righteous

anger about the irs, the doj, the nsa. >> untrue. >> benghazi, we have no facts about where he was on the night of benghazi. >> come on. >> who gave the standon order. if he has nothing to hide and look, i learned it from having worked with president nixon who also said why the hell would i go to the damn fire if nobody is going to learn the lesson. you get out the. >> nixon admitted to you that he handled it all badly, right? >> of course he did. my lesson is out there and no president ever learns. >> bill: interesting. >> getting out the truth only works. >> you have decided is he guilty? >> i'm waiting for him to lay out his case. i have got an open mind. where is he? >> bill: now that colmes has told him he has to do a news conference we can expect that momentarily. >> prime time news conference. >> they listen to me, right, bill. >> plenty more as the moves along this evening. some do not want to give illegal aliens right to work. watters on email spying? what do the folks think? do they even know what's going on? going on? we hope you stay i turned 65 last week.

the math of retirement is different today. money has to last longer. i don't want to pour over pie charts all day. i want to travel, and i want the income to do it. ishares incomes etfs. low cost and diversified.

find out why nine out of ten large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus, which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal. when i first felt the diabetic nerve pain, of course i had no idea what it was. i felt like my feet were going to sleep. it progressed from there to burning like i was walking on hot coals... to like 1,000 bees that were just stinging my feet. i have a great relationship with my doctor... he found lyrica for me. [ female announcer ] it's known that diabetes damages nerves. lyrica is fda approved to treat diabetic nerve pain. lyrica is not for everyone. it may cause serious allergic reactio or suicidal thoughts or actions. tell your doctor t away if you have these, new or worsening depron, or unusual chaes in mood or behavior. or swelling, trouble breathing, rash, hives, blisters, changes in eyesight including blurry vision,

muscle pain with fever, tired feeling, or skin sores from diabetes. common side effes are dizziness, sleess, weight gain and swelling of hands, legs and feet. don't drink alcohol while taki lyrica. don't drive or use machinery until you know how lyrica affects you. those who have had a drug or alcohol problem may be more likely to misuse lyrica. having less pain -- it's a wonderful feeling. [ female announcer ] ask your doctor about lyrica today. it's specific treatment for diabetic nerve pain. to hear more of phyllis's story, visit lyrica.com. >> bill: unresolved problem segment tonight. immigration reform in the african-american community. today president spoke about immigration reform. he badly wants a bill that would allow illegal aliens working status in the u.s.a. as well as a long pathway to citizenship. but the black leadership alliance a group oppose to the immigration bill says that adding illegal immigrants to the workforce would hurt black workers, the unemployment rate among

african-americans stands about 13.5%. joining us now from washington aleea durant, the founder of the alliance. so, why the divide between your group and president obama, ms. durant. >> there is so much evidence out there, bill, showing any kind of amnesty would have profound consequences on the african-american community. it impacts your ability to find work and it impacts their wages when they do find work. so we are standing together a bipartisan coalition urging the president and the senate and the gang of 8 to take a listen to us and to insert this into the conversation because the evidence is out there showing that this will have negative consequences for many years to come for african-american workers and all those skilled workers. >> it's a competition for jobs that you object to but why do you think that president obama doesn't see it your way or never raised this point? >> you know, there is so much evidence out there showing that if this bill

were to be passed african-americans and low skilled workers will be severely impacted for many years to come. >> bill: why hasn't president obama ever raised the point. >> well, i think that there is much information out there why many political parties choose not to talk about illegal immigration. >> you haven't answered my question. you must have thought about it why hasn't president obama raised the issue you are raising? >> well, i think it's very political. i think even politico has reported that it will be a boone for, you know, the democratic party. were illegal aliens to be provided amnesty. >> you are saying is he throwing african-americans under the bus for a political gain for his party? >> i think. so but i don't think he is the only one. i think republicans have also done very poorly about this issue. which is why we have come together and said listen to us. this will impact the african-american community. it's negative the evidence is out there.

we want you to slow down before you provide amnesty to an additional 11 to 20 million people. >> why do you think the african-american unemployment rate is double that of whites and the poverty rate for african-americans 27.6% is way above whites and even above hispanic americans? why what is the korean for that performance. >> there are many historic reasons. one of the reasons i see which has also been found by the u.s. commission on civil rights is that many many african-americans rely on those entry level positions and the labor force. talking about positions in the hotel industry and construction and restaurant industry and we are competing with aliens for these same positions. look, you have got 22 million americans, bill that are either out of work or under employed if this bill were to be passed we would be competing for ail generals with for these very jobs. which is one of the reasons we stand against the amnesty bill. >> you feel that african-americans are being

inhibited from rising because of competition from people who shouldn't be in the u.s.a. >> i couldn't have stated that better. the evidence is out there. nothing new. many many think tanks, harvard professors, professors from carnell have all determined the same thing and we stand on that research. stand in opposition to the bill. we are actually holding a rally bipartisan leaders in the black community pastors, preachers, policy makers from across the political spectrum because we understand how important this is. this is not an issue that the right or left should only care about. standing together in opposition. holding a rally in washington, d.c. to oppose amnesty measures as they are being proposed. >> ms. durant we appreciate it is it legal on the zimmerman martin jury trial. how much trouble is he really in? legal is next. i don't make any decisions about who to hire

without going to angie's list first. you'll find reviews on home repair to healthcare

written by people just like you. with angie's list, i know who to call, and i know the results will be fantastic. angie's list -- reviews you can trust. for all those who sleep too hot or too cool, for all those who sleep and struggle to sleep comfortably together, now there's a solution. the company that individualized your comfort with the sleep number bed is now introducing sleep number dual temp, the revolutionary temperature-balancing layer with active air technology that works any mattress, including yours. whether you sleep hot or cool sleep number dual temp allows each of you to select your ideal temperature. so you can both sleep exactly the way you like-at your own perfect temperature. and there's only one place in the world you'll find

an entire collection of temperature-balancing solutions-including the revolutionary new sleep number dual temp layer-designed to give you the soundest sleep of your life: a sleep number store near you. sleep number. comfort individualized. visit sleepnumber.com to find one of our over 400 sleep number stores nationwide.

>> bill: thanks for staying with us, i'm bill o'reilly in the is it legal segment tonight, three very hot topics beginning with the zimmerman travon martin murder trial the accused george zimmerman has been demonized by some in the press and his brother has reacted. >> i think that it's important to a lot of people who support the family that they have a front row seat. they don't trust the media and i think rightfully so. they think that they have

learned that the media is very good at putting their own spin on what they want the narrative to be. >> bill: here now attorneys and fox news analyst kimberly guilfoyle she is in washington this even and lis wiehl. jury selection began yesterday in very hot trial. it's going to take three or four weeks, right? >> three or four weeks. dismissed 40 jurors in the poll. got to get six. that's florida law. it's goi time because of a couple of reasons. one, the media attention. everyone has heard about this case, that doesn't mean you can't be a jerk. you have to care about this case. fair and impartial. second is racial element. as we spoke about last week who is on that jury, what the racial component very important to both sides. they make up any excuse there comes a point, guilfoyle where the judge is going to say, look, you have got to pick somebody, right? >> this can take as long as it takes, bill. the judge can definitely try and move along. >> what defense attorney and can't pick anybody. >> can't say take as long

as it is going to take. >> they are going to be able to exercise their peremptory challenges and try to get a fair and impartial jury. you can also plead your case to the judge at a side bar if you think a juror is inappropriate. yes, you are right. at a certain point this must come to an end. they have to put -- >> only a certain amount of peremptory and. >> challenges. >> challenges that you can make. >> you run out it's over. >> bill: only six in florida. >> you have to be careful how you use them and four alternates. >> media, which is obviously liberal in america. the national media is and there no doubt about it they would be be sympathetic to the african-american teenager who sun armed and was killed. so zimple's brother and a lot of people feel the deck is stacked. that shouldn't matter in a try. going to sequester these jurors. not going did see the coverage, right? >> they have already seen at love the coverage. what's interesting to me is a lot of the potential jurors are already saying i

have seen everything i can be fair and impartial. they want to be on this jury and want to have this trial. most potential jurors kind of run away don't want that person because they are too eager. >> exactly. >> bill: do you think the media can cover this fairly or do you expect continuation of what we have seen. >> they haven't so far, right? indication of the past is light night the future. i hope they can. we are certainly doing that they have a responsibility cover it fairly and we will show them how it's done. >> keep an eye on everybody. nobody should be routeing for either side. nobody. no honest person at this juncture should be rooting for either side. let's see what the evidence is guilfoyle, you have this leaker, this snowden guy. apparently on the run now. but a warrant has not been sworn out for his arrest. do you expect it to be? >> i'm surprised they haven't already issued an arrest warrant because if so we have as long as standing agreement with hong kong. >> bill: he is not in hong

kong anymore. is he out. >> i think he has left and probably gone to china which will thumb their nose to us any kind of extradition they do not have an agreement with us. to be smart, took off, already checked out of the hotel we knew yesterday from hong kong. unfortunately i think they are now going to have to put what they call red alert out with incident poll, arrest warrant glished do you expect an arrest warrant. >> yes, absolutely. >> finally, the octomom, you know she has 14 kids and had 8 at one time. we think there is something wrong with this woman very early on we called for the california child authorities to watch her very closely and now wiehl there could be some welfare fraud. >> yes, absolutely. her 10 9s came through that's from employers. she did a lot of pornography and other things like that. she made over $200,000 according to this 2012. welfare states you can only make $119,000 with 14 kids. makes more than that you

cannot get welfare. she pocketed in her pocket $201,260,000 from welfare. >> show she made 200 grand doing what she did do you think she should be prosecuted guilfoyle with 14 kids? >> well, listen, you are asking me about the rule of law? >> no, i'm asking. >> 14 kids or one. >> yes. >> should be prosecuted? >> yes, yes, yes. >> don't be james carville, all right? >> because she broke the law, so therefore, if she did, she is looking at three years. so then it becomes a matter of how much time she would serve. >> bill: you would prosecute her. >> federal prosecutor, yes. >> bill: would you. >> yes, it's welfare fraud. >> bill: you both are heartless ladies. >> it's true. >> bill: me, i don't know. watters on deck, talk about heartless. what do the folks think about the feds possibly spying on them? we'll find out in just a few moments. why let constipation weigh you down?

as soon as you feel it, try miralax. it works differently than other laxatives. it draws water into your colon to unblock your system naturally. don't wait to feel great. miralax. take the miralax pledge to feel better sooner. get a reward like a beauty treatment, a dance class or a $5 gift card with purchase of a specially marked pack. go to miralax.com for details.

>> bill: back of the book segment tonight, watters world, the spying edition. intense debate as you know about how much snooping the federal government should be allowed to do in protecting us against terrorism. so we sent jesse to midtown, manhattan to gauge public opinion. ♪ ♪ >> are you a big facebook guy? >> i think so. >> big email guy. >> oh, yeah. >> i like facebook, the social media, yeah. >> facebook is almost like my life. i love facebook. >> i'm sorry to hear that. [ laughter ] >> you have got to be serious. >> do you have an iphone. >> no. >> what about email. >> my wife has it. >> you are old school. >> is he one in a million, skipper, just one in a million. >> big facebook guy? >> yeah. >> talk to a lot of chicks there. >> yeah.

>> all right. easy, now. how would you feel if you found out that your private conversations, someone is looking at those? >> a little violated, i guess. >> do you have anything to hide out there? >> you a little violated i gue. >> anything to hide? >> pictures. >> all guys surf, you know. >> i have a big bomb. >> now, when you call someone on the iphone, who do you think hears that? >> i would hope just myself and the person i'm talking to. >> you would think that, but the federal government is actually sucking up and collecting all of these electronic communications. >> that's alarming. >> as long as there's security for the country i guess, do what you got to do. >> it makes me a little nervous with things like martial law. it makes me feel like we can be

overpowered at any moment. >> the way terrorism is now, it seems almost necessary. >> it's almost like we're living in a communist country, that's a big problem. >> they can't be doing what they're doing, but they are. >> big brother is controlling our lives. >> how would you feel if the government knew everything you're doing on the internet? >> i'm so mad i could jump. >> i'm a pretty clean cut guy. except for the pictures i surf. >> that's the funniest thing i ever seen. >> do you know who's responsible for all of this domestic snooping? >> no, not at all. >> president obama. >> i voted for president obama. >> he was put forward as a liberal wholesome guy. >> if president bush was looking into people's facebook and e-mail, would you be upset? >> yeah, i would be even more

upset. >> i think if it was president bush, they would be called to have him impeached. >> my dad watches it every evening. >> i watch it on occasion, i really can't stand him. >> i have -- >> what's your favorite part of the show? >> would you say that again? >> waters. >> and this is my world here. >> well, i'm glad you let me in your world, waters. >> wonderful personality. >> how many people did you talk to? >> about a dozen. >> and how many people knew what was happening? because this story broke this week? >> yeah, i'd say one or two people had a clue of what was going on. >> 10%? >> yeah, about 10%. it was just seeping in, when you tell them what's going on, they're shocked. a lot of young people, all they care about is facebook and their iphone.

if you come between that, they're going to march on washington. i mean, young people are obsessed with technology, and that's a real thing in your hand. >> you have to have something concrete to tell them. we don't really have that right now. i'm surprised more people didn't know. that's grand central station. that's a commuter place where people come in and out of new york city. when you talk to those people, they seem nice folks, they weren't very intense. they were this and that. did anybody get really upset when you told them, they might be spying on you? >> some people got a little upset. i mean, i don't think people really understand the story that well. because it's kind of just up in the clouds. you don't know if it's e-mail. it's very theoretical. and there's no hard evidence. the one guy with the hood, he was all pro privacy. and then when you told him obama was behind it, he said oh, it's probably for national security.

>> i thought the guy in the hood was telling the truth. all right, waters, got to pick up another assignment for waters. >> where should we send me? >> i don't know, the hottest place in the country now. how about phoenix, you want to go down to phoenix? it's 125 down there. the tip of the day, something that will make you feel better immediately. the tip moments away.

the verizon share everything plan for small busines lets you connect up to 25 devices on one easy to manage plan. that means your smartphone, her blackberry, his laptop, mark's smartphone... but i'm still on vacation... ...stilln the plan. nice! so is his tablet, that guy's hotspot, thentern's tablet. the intern gets a tablet? everyone's devices. his, hers, oh sorry... all easier to manage on the share everything plan for small business. connecting more so you can do more. that's powerful. verizon. get the blackberry q10 for $199.99. yeah... try new alka seltzer fruit chews. they work fast on heartburn and taste awesome. these are good. told ya! i'm feeling better already. [ male announcer ] new alka seltzer fruits chews. enjoy the relief!

back to tip of the day, it will make you kneel better, in a moment. the kids book off killing kennedy. it's full of great pictures to get them interested. it's easier to read. also, dvd of the killing lincoln movie is out. kids will love this, they'll get interested in history and so will you. usa gear will make dad happy and proud. give him a break go to

billo'reilly.com. all proceeds i get go to clarity. bill it no longer matters you don't read my e-mails on the air. i now know the nsa is reading them. john from charleston, west virginia. if you take president obama's word over snowden's, you are a bigger fool than i thought you were. not taking anyone's word. i'm not as intelligent as you are, so i'm waiting for the facts to emerge. georgia of folsom california, a retired fbi agent. i assert that you're talking points flushed out every important point in the surveillance debate. some in my circle are surprised i object to unwarranted seizure, but it is dangerous. i think carrier pigeons can be bought. this country was not founded on trust in government. the founders put in checks and balances because they didn't

trust it. ed from costa rica. did the fbi get an order before reading the padre as/broadwell e-mails? the aren't fbi got involved is that miss broadwell was sending threatening e-mails that involved general petraeus, then head of the sia. they didn't knees fiz saturda, a pure security investigation. lily steiner los angeles, my mother lives in australia and says she can't put killing kennedy down. should i get her keep it pithy as well? i think your mom would like it. also makes a great gift for dad on father's day. don from missouri, matt lauer was complimentary to you and your books on the "today" show, you called him lauer.

why? i've known him for 20 years, if you know someone for a long time and you like them, you call them by their family name. it's a compliment. recently a young boy had the hiccups in my presence, and they were getting to the kid. hiccups are very annoying as you know so i gave the kid a spoonful of peanut butter and told him to put it under his tongue. 60 seconds later the hiccups gone. call me dr. killdare, it always works. fact or tip of the day. we'd like you to spout off of where in the world. o'reilly@foxnews.com. do not be a louche not a grouch,

a louche. don't be one. thanks for watching us tonight. i'm bill o'r please remember the spin stops right here. we're definitely looking out for you. this is a fox news alert. the american civil liberties union is suing the obama administration in an effort to prevent the federal government from spying on law abiding americans. now, the lawsuit filed by the aclu late this afternoon focuses on an nsa program that requires companies like verizon to hand over personal phone records of more than 100 million u.s. citizens. this includes the numbers that were dialled, the duration of the calls and much more. now, according to the aclu, the unprecedented spy operation is akin to snapping every american's address book and it gives a record of our associations and movements.