>> bill: o'reilly factor is on. tonight? >> turn around, turn around. >> hey, you dropped that? pick it up. >> pick it up. >> bill: according to a federal judge, gene hackman just violated the con stiewtion. tonight, we will report on the american criminal justice system being called unfair and racist. >> want that hand broken? >> my family and i are not the kind of people that the press is wanting to say we are. >> bill: a federal judge throws out charges of racial discrimination against tv chef paula deen. is it legal will explain why. >> anyone who says that racial discrimination is no

longer a problem in american elections must not be paying attention. >> bill: is hillary clinton already campaigning for the presidency? looks like it. charles krauthammer will weigh in. >> bill: caution, 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. fair and racist. that's is the subject of this evening's talking points memo. many on the left say police and prosecutors are going of a black americans and putting all nonviolent in prison in a cruel unjust way. let me give you example of what's in play. in the "new york times" last sunday, nicholas kristof wrote a column about a tennessee man named edward young. he was recently sentenced to 15 years in a federal prison for violating a

career criminal statute. mr. kristof says the sentence and outrage unfair at every level. young now 43 convicted of several burglaries young man then resolved he would turn his life around. released from prison in 1996, married, worked six days a week and raised four children in hixon, tennessee. then he became a suspect and burglaries storage facilities and vehicles in the area. the police searched his home and found the forgotten shotgun shells as well as some stolen goods. the shotgun shells according to kristof were given to young by nancht is against the law for convicted felon to possess guns and ammunition. so when police found the ammo in young's home he was charged in federal court. nicholas kristof wants us to believe that edward young is being put in a federal penitentiary for 15 years because he innocently held some shotgun shells. now, we asked mr. kristof to appear on the program

this evening. he did not respond to that request. and i don't blame him. because here's the truth about edward young. he has a rap sheet that includes 22 felony charges. 11 violent because they involve breaking into a home or business. young was facing three state counts of felony burglary for crimes committed in september of 2011. tennessee authorities also say young brought his 14-year-old son with him while he was committing some of the crimes. if convicted under tennessee law, young was looking at far more prison time than 15 years. so he pleaded guilty to the federal beef. in effect, the federal authorities did young a favor the state charges were then dropped. somehow nicholas kristof didn't mention any of that in his column. so, a "new york times" reader is left to believe that the u.s. government put a caring father in the

penitentiary for 15 years simply because he had a few shotgun shells in his possession. totally false. bogus. and that kind of propaganda is now all over the place. the left is hell bent on portraying the american criminal justice system as corrupt and racist. it wants americans to believe that the prisons are full of nonviolent onders like edward young. in addition, the left generally opposes aggressive police tactics to neutralize violent street crime. we will see that in a moment with new york city stop and frisk controversy. talking points well understands that no justice system is perfect and there is some unfairness in the u.s. criminal code. but the truth is, the truth is crime has dropped dramatically parch punishments delivered to criminal years. finally as every cops know criminals get away with most of the crimes they submit. tennessee a career criminal. worse, if we believe the authorities, is he

corrupting his 14-year-old son. nicholas kristof wants us to feel sorry for this guy? good grief. and that's the memo. now for the top story tonight. let's bring in mr. young's attorney christopher varner who joins us now there khat, tennessee. and you say? >> first of all, it is highly unlikely that any of the state charges, which, as you pointed out, have never been proven or been dismissed, would have equalled what he received in the federal system. >> let me stop you there. i understand. >> probation. >> from the prosecutor in the state case that each charge against him held a maximum of 12 years. so, if you add it up, that's 36 years and they were going to bring more charges, including corrupting a minor, delinquency of a minor, and on and on. so, let me ask you this, courtroom. if young thought that this beef was unfair, why did he plead guilty? >> very simple. because all the government

has to prove is that he had the shotgun shells and that he knew that he had shotgun shells. not that he knew that it was illegal for him to have shotgun shells. which it's actually unchallenged in the record that he did not know. it's also unchallenged in the record that he possessed them innocently. surely on a low level beef like, this you and any other defense attorney could have poked holes in this kind of thing. i mean, look, he pleaded guilty to the beef. the authorities on both the state and federal level said we did him a favor. he was going to go down on the burglaries. kristof even says in his column he had stolen property in the house. you know he did it i know he did it everybody knows he did it. so it's 36 vs. 15. and the guy has 22 beefs on his sheet already. and i'm supposed to feel sorry for him? tell me why i should feel sorry for him. >> it's not 36 vs. 15. the laundry list that you went through from the early

1990s resulted in exactly four years in prison. >> bill: no, no, no. he was facing in tennessee on the burglary charges, went to his house and found all this kind of stuff.rged hih three, possibly more, and then there were going to be a laundry list to delinquency of a minor and all of that. facing at least 36 in tennessee. you know that this is what the state statute carries for conviction of these kind of crimes. this is 2011. this isn't 1996. why should i feel sorry for this man? >> very simply stated. with regard to the state time, it almost certainly would have been far less than the 15 years. >> bill: why did he he plead? you should have fought it on the federal level. had you a sympathetic judge. the judge didn't want to give him 15. democrat, a appointed by the clinton administration. is he a left leaning guy. you should have fought it you would have won. >> the judge is actually a former ausa and ask anyone around, is he not soft on

crime. >> that's our report here. i'm thought saying is he soft on crime. you are right. is he not soft on crime. he doesn't like mandatories. he doesn't like mandatories. all right. but the fact of the matter is that you and your client put in, you know, you medicine guilty, you were facing horrendous state charges, he could have well received more than that with his wrap sheet, i will give you the last word, very simply, there is no way that you can successfully torture the english language to describe accurately mr. young as an armed career criminal. he has never even been accused of a firearms violation. >> bill: nobody said he was armed. violent felony as you know. >> armed career criminal under federal law. and he has never ever been armed. >> violent felony. >> never accused. >> violent felony under the law if you break into a home or business, that's considered a violent act. one more thing, what about the 14-year-old at the crime scenes? what is this all about? >> well, first to go back,

you asked about -- no, no. no. 14-year-old at the crime scene, his son, kristof portrays him as a loving father, come on, what is this all about? >> he is he a loving father. >> and he bricks his kid to the crime scene and helps him in burglaries? are you denying he did that? it are you denying he did that? >> i'm saying assuming you are right, that certainly is not the kind of behavior you would want to encourage. there is no doubt about it. >> all right, counselor. okay. we appreciate you coming on. next on the rundown, many here in new york city are very angry over the stop and frisk tactics by the police. we will get into that in just a few moments. @gpy0y?y

>> >> in the impact segment tonight. the very controversial stop and frisk tactic here in new york city. federal judge well known

liberal journalist. i think it's shine lynn has ruled that the nypd is nypd stopping and searching them disproportionately to others. scheindlin did not order the stop and frisk to cease but overseer. mayor bloomberg. >> this is a very dangerous decision made by a judge that i think just does not understand howe policing works and what is compliant with the u.s. constitution as determined by the supreme court. we go to where the reports of crime are. those unfortunately happen to be poor neighborhoods and minority neighborhoods. but that's not the original objective or othe intent or how we get there we get there when there is a crime reported. >> with us now criminal defense attorney jeffrey lichtman. so you support the judge's ruling but aren't you worried about a rising

crime? >> i'm not. i will tell you why. because for every 69 times a police officer stops a target who he believes has a gun on his person, he finds one gun. there is only 5% of all the stops made, only a% result in an arrest. so it doesn't really impact the crime rate. i think it's a hair trigger belief that it would impact it but in practice it really doesn't. >> okay. you know you are desperately wrong, right? >> i'm desperately right. >> bill: you would have to use facts to prove that. here are the facts, chicago doesn't have a stop and risk. right? their murder rate per 100,000 is 19, all right? philadelphia, stop and frisk. very, very light. 21 and a half per 100,000. new york city stop and frisk, 5. so you can see in cities, that use stop and frisk like new york. the murder rate is much lower and here's what you are not taking into account. everybody knows in these neighborhoods the cops are going to stop and risk.

you agree with that? >> i do. >> okay. so they are inhibited from taking the gun out of the house. he they are inhibited from walking around on the streets with the gun. and new york city, when it didn't have this, had one the highest murder rates in the country and now it's the lowest. come on, counselor. >> i will tell you why you are wrong. okay. first of all, 200,000 of these stops it is now documented the nypd has admitted were done without reasonable suspicion. 200,000. >> bill: that's not what the court case said. >> in 2004, for 1% of all the stops, there was nothing written. no reasonable suspicion was written in the cops' book. their record book. in 2009. it went from 1% to 36%. this is the nypd's fault for simply not following the fourth amendment. judge scheindlin didn't stop and frisk she simply said. >> bill: the supreme court just ruled it's a legitimate program under

the constitution. >> i think it legitimately is she did put a civilian in charge and the nypd is going to make some adjustments and maybe they should. once again, what you are looking at is you are looking at a presumption that the new york city police department is going out every morning and targeting young black males. all right? they want to roust young black males. and i don't believe that for a second. my grandfather was nypd. i know these guys as well as anybody. they are going out as bloomberg said to the worst neighborhoods. the highest crime neighborhoods ne are looking. they know who the wise guys are they are not just walking around going hey you, come over here. all right? they are trying to suppress violent crime and they are succeeding. yet scheindlin doesn't like it because black males are involved. that's why they don't like it. >> you know, listen, i'm against crime just because i'm a criminal defense lawyer. >> i'm glad we are all against crime. >> the problem is that they're stopping 80% of all the people that they're

stopping are black and hispanic. 80% is not the amount of people black hispanic that are committing the crimes. >> no, no that's because those neighborhoods are almost entirely 1 u '%. >> why can't they fault constitution, their inpersonalules that say you have to list a reasonable decision for the stop? it's the nypd. >> you know what? i will agree with you, the policemen on the street to stops and frisks should have a pad or a computer and says this is why i stop so and so. i agree. >> they won't do it. >> okay. wait a minute. they don't do it. >> one third, 36 pierce. >> now they will do it. had they done it before. >> so maybe something good. if they do away with this program. that would be a disaster. >> i don't disagree with you at all on that. >> all right. counselor. is it legal will give us their opinion osen the stop and frisk situation later on. directly ahead the three black teenagers that severely beat a white boy in court today. we will show you what happened down in florida. in florida charles krauthammer hillary

>> bill: as we reported last night. 315-year-olds in gulfport florida attacked a white boy on a school bus. >> still nothing i can do. leave that boy alone. leave him alone. leave him alone! >> you know y'all going to jail. y'all going to jail. >> bill: well, today the three boys were in court to face charges of aggravated battery. fox news correspondent phil keating caught up with the father of one of the boys. >> all i can say is he had his consequences already, you know?

[inaudible] >> bill: he can talk for himself, i thism. joining us from florida defense attorney. the prosecutors want nine months probation for two of the three defendants. we don't know about the other one sips the victim has broken arm and other injuries that seems kind of light. or am i wrong. >> sewed society is judged by the way we treat our children. prosecutors are either all in or all out. they chose to charge this as a juvenile. they could have put him in the adult court system which is punitive. the purpose of the juvenile system is to rehabilitate. probation is still a movement or it reduces your freedom. there are other things that you can do in the criminal justice system to rehabilitate other than set one up for probation. there are programs there

are community service hours. and as a criminal defense attorney, works in the juvenile system. stern judicial warnings in cases like this. this is awful, atrocious crime. >> bill: that wouldn't be justice. let's break it down. i agree with you i probably wouldn't have put these three, unless they had priors. if they had priors, then i would have put them in the adult is. but if they didn't have priors, then i would have put them in the juvy system but i would have said probation, not just nine months, until you are 18 years old. three years. so, one more out-of-step, you know, one more criminal act, and then you go. into the adult system and then you take your medicine. what would have been wrong with three years until they are 18? >> not a question of what would be wrong and first of all. >> doesn't that -- >> -- because they are children. >> bill: they are children who almost killed another kid. >> but, bill, children are still children. it is an adult act. it is a heinous, cruel and approaches act.

but they are still children. >> bill: it doesn't matter. >> wait a minute, counselor. maybe you don't understand what the criminal justice system is here to do. >> i understand because i work in it every day. >> bill: protect people. not feel sorry for the perpetrators. protect people. killed 13-year-old. sorry for business. it doesn't protect anyone. >> protect the rights of the defendant as well. the judge has to do that. in the juvenile system you don't deal with a jury. you deal with a judge. the justice system about that that word justice. it's not just about protection and justice. making sure the defendant, these children defendants in this case go through the system and afforded a due process. >> bill: they have got it. >> you know what? you are right. they are in juvenile. >> they got it. they got every. but i'm telling you nine months is not nearly, nine months probation is nothing. it's nothing. all right? three years and if you do it again, then you go to

ray ford that would have been a fair sentence. you know, i'm trying to wrap my mind around your contention that we should feel sorry for these three 15-year-olds. i believe we should refry to rehab them. but i'm not feeling sorry for them. they almost beat a kid to death. there is something wrong with those kids and they should be treated but they have got to be watched as well. >> they are going to be watched. nine months on probation. >> nine months? >> not a question feeling sorry i felt very sorry for the victim. nine months. they step out of line. once you are in the system, bill. you are always in the system. i represent people you take probation for some people it's a great thing. for others, as you say, step out of line, it's saleh vie. it's much harder. if your kid was almost beat to death you are telling me nine months pration would be okay with you? >> you are asking me to step in as a father and that's a different situation. >> yeah. >> as a criminal defense attorney, it is our job, like it or not, popular or not, to get the best deal

and put the defendant in this case in the best situation. >> you are not defending them. we're talking justin here. nine months probation isn't justice. >> they step out of line it's saleh vie. >> hillary clinton already running for president. charles krauthammer has some thoughts and if he is a lock for the nomination. paula deen getting a break. charges of racism against her have been dismissed. ♪ [ villain ] well mr. baldwin... it appears our journey has come to a delightful end. then i better use the capital one purchase eraser to redeem my venture miles for this trip. purchase eraser? it's the easy way to erase any recent travel expense. i just pick a charge, like my flight with a few taps, it's taken care of. impressive baldwin. does it work for hotels? absolutely thank goodness. mrs. villain and i are planning our... you scare me. and i like it. let's go what's in your wallet?

>> bill: unresolved problem segment tonight, another state pass as voter i.d. law. on monday, north carolina governor pat mccrory signed a new law that requires folks in that state to show an identification upon voting. and shortens early voting from 17 days to 10. the aclu, the naacp, and other liberal groups filing suit against the new law. here now monica crowley and alan colmes. colmes, remind me again why showing an i.d. to vote is a bad thing. >> most case you do. they want to show. usually show a utility bill, telephone bill or any one of a variety of things. what north carolina is doing saying we will only allow one form of i.d. and they are addressing a problem that doesn't exist very little. >> either a driver's license or if you don't want to drive a state issued i.d. >> you have to go some cases hundreds of miles to get it. >> bill: hundreds of miles? >> i thought conservatives were against making unnecessary laws. >> bill: correct me if i am wrong, colmes, but in every

driving place in north carolina every place you get a driver's license to take a test or anything like that. he they are going to give the voter id law out for free. >> a lot of people don't have cars are poor. don't have access to a place to go to get those ids. >> bill: wait, you are saying alan colmes is saying on the in front of millions of people. >> millions. >> bill: folks in north carolina, like aunt bee, opie, who can't physically get to the department of motor vehicles to get the i.d.? >> let me tell you what i'm saying. >> no, no, no. is that what you are saying. >> no, no, no. we got to take it step-by-step. >> the full answer is this is purposely done to stop democratic voters, people likely to vote democratic. >> that's your opinion. >> it's true. >> no it's not true you can't prove it. >> bill: you are saying some people in north carolina can't get to the department of motor vehicles. this narrowsment amount of people who will be eligible to vote. like a poll tax. >> bill: if they couldn't

get to the department of motor vehicles how could they get to the polls? how could they get there. >> not everybody drives a car. >> how do they get to the polls? >> the polls are often in your neighborhood. the motor vehicles can't far. >> purposely put them far away. >> purposeful attempt to stop. [ laughter ] >> you can laugh all you want. >> bill: it's absurd. >> why are you addressing a problem that doesn't exist. there is a not a problem at the voter proof. >> bill: that's not what the voter says. >> of course he doesn't. he has an agenda. >> governor is a liar there are plenty of people that can get to the department of voter vehicles. >> academic studies center at nyu. national studies by the foundation. done studies to find out there is not a problem. very few prosecutions for this issue. >> bill: all right. you say? >> i is say if it's okay to require photo id to board an airplane. >> bill: this the serve line. can we get beyond that? >> yes.

why is not okay for the most sacred act of the rerepublic which is not voting. >> bill: i will play devil's advocate. some people don't go to buy cigarettes. some people don't go on a plane. colmes is saying there are people in north carolina. i don't believe this for a second. that's what he is saying that physically can't get to the department of motor vehicles to get the i.d. >> first of all, in awful these states and now including north carolina, 35 states have some form of this voter registration or voter id law, right? they make it incredibly easy to get a free i.d. not just through the dmv but through other locations. if you need a birth certificate in order to produce it to get the i.d., they are now providing those for free. >> bill: they are sending those to you. >> nothing onerous about this process whatsoever. >> bill: why wouldn't the aclu or the naacp set up vans just like they do for the voting. >> on voting day. >> the bigger issue unnecessary law. >> i want to stay on 00 photo i.d. issue. >> i don't speak for them. i'm not running their

organization. >> you and i are trying to solve the problem. they could set up vans like they do to take the people to the polls. to take the people to the. >> that be very nice. why pass an unnecessary law to create that in the pierce place? >> the governor said there is fraud in his state and he wants to eliminate it? >> how many pieces of fraud and examples of fraud. how many prosecutions been successfully done. since the year 2000 in the country there have been 633. >> bill: you are objecting to a basic. prove who you are before you vote. >> i will give you real numbers. since 2000, there have been 633 cases of voter fraud in this country, most of them are absentee voter fraud or registration voter fraud. not voter fraud by impersonation. >> look, this is a common sense move to try to prevent motor fraud where it happens because when you don't have this kind of system in place. the other thing is that the u.s. supreme court upheld voter id laws in 2008. so it's completely constitutional. >> bill: they are not going to get anywhere on this.

>> common sense move in the most spread act as republic voting. >> i'm trying to think a logical way to get through to you. >> if you speak really slowly and use small words. >> bill: just to show an i.d. when you go to vote? this is objected to? this is disenfranchising the poor? >> you have to show he some kind of i.d. talking about a specific kind of i.d. that is difficult for people who have disabilities. >> bill: disabled people now? >> poor people. often blacks, often hispanics. >> it has nothing to do. you realize nothing to do with disenfranchisement. >> bill: we heard everything. you got a lot more time than she did tonight. >> bill: when we come right back, is it legal on paula deen getting a break. stop and frisk controversy in new york city. transgendered kids in california. legal is next.

>> thanks for staying with us, bill o'reilly in the is it legal segment tonight. lots to talk about. let's bring in attorneys and fox news analysts kimberly guilfoyle and least wiig. what do you think about this stop and frisk program we talked about at the top of the program. the judge says the nypd is violating search and seizure, and you say? >> it doesn't make any sense. if it's truly a violation the way this policy is implemented if that is true which is her consensus or her opinion. then she should shut it down. will whole program. >> she can't because the

supreme court mass ruled it? >> she can't because it's not unconstitutional. they have not proven that. >> the police commissioner kelly and the mayor bloomberg say that judge scheindlin is prejudiced against the cops. doesn't like the police department. >> hasn't liked the cops for a long time. >> do you believe that. >> when you look at her record, she has been diverting all of these cases since 1999, to her. in other words, all of the stop and frisk cases go to her. that's really strange. how does she have the power to do that. >> do you believe she has a bias against the police? >> there is some evidence that she does favor the civil rights cases and the lawyers that take those cases and you look at the cases of john gody, the three mistrials there. dead locked she was in charge of that judy dits clark overturned that case represent herself even though she wanted.

bad history here. >> she is reversed a lot. >> bill: i think counselor had a pointd where he said listen if the nypd is aggressively going to do stop and frisk they should for each case say this is why i stopped. >> i'm fine with that i'm totally fine with that. >> you are not fine with that? >> listen. >> with the exception of gutfeld, they can stop and frisk him and not give a reason. why not? takes two minutes? i stopped lenny because i thought he might be doing this? that's all. >> they can make some notations. where is the evidence that they have been abusive. >> what i'm telling you is constitutional. terry stop. >> bill: you are dodging the foolish question to try to get to it a larger question. what is wrong with each police officer after they stop and frisk writing down. >> nothing. >> i stopped this guy for this reason. what is wrong? >> it is unnecessarily laborious. >> laborious? >> and not meriting any kind of constitutional review.

>> for the sake of the greater good to encould the program. >> to appease people complaining something they are doing constitutional? >> civilian oversear now. >> wait a second. you need a officers to write it down at the time of the arrest. >> bill: just like a traffic ticket. >> exactly. because when they get into court. >> bill: o'reilly was driving on somebody's back lawn. that's what they put on the thing. all right. let's get to california. your pal close personal friend? >> jerry, yeah. >> governor brown. signed a new law about transgendered kids what can they do now? >> ages k through kindergarten through 12th grade say i feel even though i'm down as a boy in school i want to be with the girls. >> bill: did i that senior in high school. >> this is the problem you are hitting on it. didn't you? i would like to be with the girls. >> you would be good on the girl's volleyball team given your height advantage. >> bill: a lot more fun than the sweaty guy. i'm sorry if i am being politically incorrect here.

>> do you get the point? i can't say bill, really? are you sure about this? >> no. so if the kid says i want to go to the girl's room but i'm a boy, he has got to be able to go? >> not just the restrooms but the team as well. i feel more like a girl. >> bill: biggest con in the world. you can't say i don't believe you, billy jo joe. >> bill: do you have to have a parent's note saying little who who horace is a boyt wants to be a girl. >> if horace wants -- >> bill: i'm coming back and reincarnated and teenager -- >> -- girl's volleyball team. >> bill: all right now to california. ms. deen if you are watching tonight, your dodging of this program not to come on to explain this was the biggest mistake of your life. she caught a break. >> you are having a racial discrimination suit against paula deen. one of the things that you

are charging is you are being discriminated against because of your race she is while. the word she used in the deposition, other lawsuit can't repeat on air. the "n" word. that would be towards a black person. >> bill: what did the judge say? >> judge said part of your lawsuit is out of here because you are white. not because the claim isn't necessarily true that you have been discriminated against. >> said paula deen was doing racist things. that person was white. >> yes. >> because the person was white, the judge says you can't accuse. >> correct. >> filmsy, isn't it? >> not making a decision on the merits, he is saying you have good standing. you are white. you have no standing. >> bill: only say if there is a racist act if you are the color that is being injured by the racist act? >> word was the "n" word. the judge still left the sexual discrimination suited and harassment and hostile work environment. that's not in there. >> to be fair this did threaten i will expose you publicly if you don't give me money. >> bill: a lot of credibility.

shakedown. >> there will be a settlement. >> bill: all right, ladies, thanks very much. on deck, charles krauthammer, is hillary clinton a lock to be the next president of the united states? charles moments away. we're cracking down on medicare fraud. the healthcare law gives us powerful tools to fight it... to investigate it... ...prosecute it... and stop criminals. our senior medicare patrol volunteers... are teaching seniors across the country... ...to stop, spot, and report fraud. you can help. guard your medicare card. don't give out your card number over the phone. call to report any suspected fraud. we're cracking down on medicare fraud. let's make medicare stronger for all of us.

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>> bill: back of the book seeing element tonight. looks like hillary clinton is already campaigning for the presidency. yesterday in san francisco she criticized new laws to show ids and generally gave a political speech. every democrat i know believes mrs. clinton is a lock for the nomination. >> i do think it was too early to happened cap the race there no question if hillary clinton gets into the race, there will be a coronation of her because there are so many democrats who last time around supported of her so who i

think are anxious to see her back. >> bill: all right. so what does charles krauthammer think about that? i spoke with him last night. >> so, charles, let's begin with the reality that hillary clinton can have the democratic nomination for president in 16 if she wants it; what happens then though? i mean, how do the republicans block a woman with a built-in constituency that pretty much vote for her no matter what? what do the republicans do? >> well, first of all, let's remember she is not exactly invincible. she was the anointed one before barack obama ce along. she was also inevitable in 2008. didn't really make it i think the republicans simply have to put up a good candidate. i think the republicans have the stronger argument. the country hasn't really done very well under obama. there is no great joy about what he has achieved. he has a lot of liability. she escaped some of them but not all of them. but if you put up a field and look at what the field is going to be. we have got very attractive

senators, rubio, rand paul, we have got young dynamic governors like chris christie, jeb bush, the former governor of florida. the talks sis city of the bush name is about half life of about 8 years. so to it t. will have kiss pated. bobby jindal. you know you have got paul ryan, the vice presidential. imagine a field of 6 or 7 people of that quality and substance in debates and compare that with the debates last time around. i think the republicans have a strong argument to make. they need a young, strong, attractive candidate. and there is no guarantee whatsoever that hillary clinton is going to win. >> bill: all right. so you are more optimistic that the republicans can mount an effective challenge to her. because it's almost like incumbent. you see, hillary clinton is almost like running like incumbent. she is going to solidify the party. going to have a ton of money. obama will help her out. i don't know how much. but he will help her out. he has got the husband, bill clinton, still popular.

she has got so much going for her. whereas the republican party has got to be scratching, clawing, fighting whoever gets the nomination is going to have to go through a very very difficult campaign debate period. you know that. >> well, look, that doesn't mean you are not going to win in the end. reagan had a tough it fight in 1980. george w. had a tough fight in 2000. >> having a tough fight doesn't in any way disqualify you. obama had a very tough fight against hillary clinton in 2008. and he went -- i don't think that's the problem. you know, hillary has this sort of ora around her part of the job as republican is going to be do gee my demittology her. that i am one thing she accomplished in four years. one, not three. one. give me an idea, a policy, a doctrine, a success anywhere in the world, look at iran, look at the reset with russia. look at syria. the only thing that came out of the secretary of

state period was a memorable line what difference does it make about the of state period was a memorable line, what difference does did make about the benghazi catastrophe, the first slaying of an american ambassador in three decades. >> republicans have got to find a way. they've got to find a theme to go on in, and dismantle part of that machine. and it's not going to be easy. >> two things. two things, bill. number one, every gallop poll going back 30 years, showing liberals come in at 20, 21% of the population. that isn't a slam dunk constituency. secondly, the idea that obama is going to be a benefit, if you go back to 1952. every single time one party is held in the white house for two terms, with one exception. they've been turned out every single time since eisenhower. the only exception was reagan. the only exception. people get tired of a party in power. obama's been having an

unsuccessful second term. the economy's going to be anemic. it's not going to be that easy for a democrat to say, eight more years. >> charles, as always, thank you. >> pleasure. coming next, one of the stars of "two and a half men" speaks blun back to the tip of the day. blunt talk for american

teenagers in a moment. if you haven't already, go to billo'reilly.com right now, because our summer sale is just about over. we have the lowest prices ever on factor stuff. remember, gift-giving time is approaching. if you become a bill owe rye when i.com premium member get a free copy of killing lincoln, killing kennedy or my upcoming book, killing jesus. we're taking orders for killing jesus right now. it's going to be a big book. all the money i get from billo'reilly.com is donated to charity. bill, you seem to be a big fan of using the criminal justice system to control what is a health concern. this thinking has led america to have the world's highest incarceration rate. >> there is no drug problem in

singapore. the country of singapore, because of harsh penalties for pushers and mandatory rehab for users. 70% of child abuse and neglect caused by substance abusers. society must protect kids. >> incarceration costs about $40,000 per year per prisoner. wouldn't that money be better spent on rehabilitation. >> rehab only works if the addict wants to be rehabbed. studies show that is not the case in many, perhaps most situations. lawrence greg, kings park, new york. drug dealing is a violent crime. it is my understanding that american unwed mothers can increase their benefits with each additional child. i think this is a big reason for the problem. might be one of the reasons, brenda, but the primary cause of

family destruction, destruction of the traditional family and the chaos that leads to is a lack of personal direction on the part of the mother, the unwed mother. and the societal acceptance of a destructive situation. birthing babies into poverty without fathers and without any assets. we're accepting that now as the norm. it's crazy. jason the surfer dude on food stamps is a prime example of a person without pride or self-respect. our country is urn whiching out millions of them. >> i'm so glad you called jason a par site. so am i. he is. mr. o'reilly, while sitting in for you, laura ingram was nice, why can't you be nice.

>> i'm nice in my own way, joan. sometimes it's hard to discern, but you have to. and finally tonight, the factor tip of the day. >> it's not often that a hollywood person says something instructive about the u.s. but the other night, ashton kucher did. >> i believe opportunity looks a lot like hard work. when i was 13, i had my first job with my dad carrying shingles up to the roof. then i got a job washing dishes at a restaurant. every job i had was a stepping stone to my next job. i never quit my job until i had my next job. opportunities look a lot like work. >> upon hearing that, many teenagers passed out. just kidding. he did the teens a great service. hard work and being honest, the kui to success in america.

we should be hearing that all the time. back to the tip of the day. that is it for us tonight. please check out the foxnews website, different from billo'reilly.com. name and town if you wish to opine. word of the day, do not be invidious. now, some people have accused me of being invidious. they are terribly misguided. you don't know what i'm talking about unless you know what invidious means. please look it up. thanks for watching us tonight. always remember, the spin >> good morning to you. it is august the 14th. we begin this hour with a fox news alert. bre a 12-hour hostage standoff at a

louisiana bank comes to an end. the suspect and one victim are now dead after gun fire erupts. we have the latest developments coming up. >> mother nature lashing out coast to coast. from deadly flash flooding to a tornado barreling through new jersey. today even more wild weather is expected. the latest storm pass coming up. >> kidnapped teenager hannah up. anderson breaks her silence for the very first time. we will tell you what she is saying about the abduction and how james dimaggio tricked her into leaving with him. "fox & friends first" starts right now.

♪ >> good morning to you and your family. you are watching "fox & friends first" on this wednesday morning. i am ainsley earhardt. >> i am heather nauert. >> a 12-hour hos staj standoff. anna koyman has the breaking details this morning. a anna what can you tell us? >> around 1:00 a.m. eastern they shot and killed the 20-year-old after storming a bank in st. joseph where he was holding two people hostage. as the swat team entered they shot the hostage in the chest one of them died. one is in critical condition. a man walked into the bank yesterday around noon with a hand gun and took three employees captive.