shep, the factor. >> bill: the o'reilly factor is on. tonight: >> this republican shutdown did not have to happen. >> is the president backing down a bit? late this afternoon there was a meeting at the white house over the government shutdown and we will have the very latest for you. >> i am glad the government is shut down. for the first time in years it's safe to talk on the phone and send emails without anybody listening in. >> let the mocking begin over obama care. is america becoming a joke all over the world? we will answer that question. ♪ >> bill: also tonight, a professor at notre dame criticizes me for not saying jesus would support obama care in my new book. that professor will be

here. caution, you are about to enter the no spin zone. the factor begins right now. ♪ ♪ li, i'm bill o'reilly, thanks for watching us tonight. obama care not ready for prime time. that's the talking points memo and zeal it in our next segment. but, first, breaking news tonight. late this afternoon, president obama held a meeting at the white house that included congressional leadership and his advisors. with the government shutdown embracing america all over the imbare -- embarrassing america all over the world was anything accomplished? no, nada, nothing with democratics and republicans. cammeron, both sides ran out and blamed the other for not negotiating. what's the truth? >> that's exactly what happened. speaker boehner came out first.

he was briefed. he was kind of kurt. seemed a little bit upset and set he the president wasn't going to negotiate on reopening the government. wasn't going we-to-reopen obama care as part of a deal to reopen government and wasn't going to negotiate on raising the debt ceiling which happens in the middle of this month and really creates a new pivot point. democrats said we are not going to negotiate on that. nancy pelosi and harry reid came out a few minutes later and all too happy to take questions and linger and blame republicans for their unwillingness to give up their demands to negotiate obama care as part of reopening the government and negotiating spending cuts. that's the only deal. >> bill: what do you think though, cammeron? look, they both say the other won't negotiate. i mean, -- >> -- dead in the water. nothing happened today. and we are no close tore reopening the government. it's not going to happen this week. it may spill into next week. then we are beginning to push that middle of the month october 17th deadline. republicans think that is going to create some sort of pressure that will inspire democrats to compromise. democrats, the president, and the democratic leadership and the rank and file say for a month they

are not going to negotiate period. clearly democrats got republicans cornered and not likely to give them any sort of mercy by offering a compromise. >> bill: i think the republicans, rosen, have offered some compromises, but then the reply back from the president and, of course, pelosi and reid take their cue from him, is well we are not going to renegotiate obama care. it's the law of the land. the supreme court said it was good and we are going to go with it we don't care if it works or not. obviously it isn't working. we will prove that in the next segment. you know, again, i'm going to ask you, it's an opinion question. are the democrats saying no we are not going to give in on anything and that's it? is that what it is about on the one hand, bill, there are people who will be tempted to look at this situation and say here is a president, here is the democratic party in the senate who are more eager to negotiate with hasan rouhani than with john boehner. from the democrats' point of view and from the president's point of view, his calculus is why should

i, every time now -- why should i set a precedent whereby every time we have some routine funding bill that has to be negotiated let the republicans cherry pick some new part, some new passage in obama care to attach to it they don't see the legitimacy of this linkage between obama care and funding the government. >> bill: look, i think you can probably make good arguments on both sides that yeah let's get. the fact is this is embarrassing, albania works better than this. >> both sides have legitimate complaints legitimate ideas. the neither side is willing to accept the legitimacy of the other side's complaints. >> bill: albania works better than this because -- wait, wait, wait, cammeron. >> their policies, their proposals, even if he they're legitimate from their own perspectives doesn't necessarily mean that shutting down the government is the solution. >> bill: cammeron, look, look, look.

>> that's where the debate is because there are constitutional ways to readdress obama care. can you pass a law, overright a veto, win an lerkz, take over. those are the prescribed ways for undoing. >> what the problem is now is you have a law that's been passed, and legitimately passed and upheld by the supreme court that's falling apart. >> sure. >> it's falling apart. >> that's not clear, bill. that's not clear. >> it's clear to me, rosen. if you just hang around for the next segment i will prove it to you. this law is falling apart it seems to me it's incumbent on our leadership in both parties to admit it's not really working out well. >> think how frustrated some of those. >> bill: find a solution within the framework of making it better. let rosen. rosen is challenging me. okay? i want the government on both sides, including the president, to say this is not really working that well. let's try to find a way to make it better and in the meantime, if we have to give in here and there, we will. what is wrong with that

rosen? what i'm go to say bill does not require me either to endorse or condemn obama care. obama care is a program. one sixth of our economy which is what healthcare amounts to. if you go back in time and look at any great lower case g great venture on the part of the united states government. whether it was the defeat of fascism, the space race and the landing of a man on the moon and safely returning him to earth. the attempt to prevent south vietnam from falling into communist hands, any of those large scale ventures, which go on for years, if you looked at the first three years of them, and we have had three years since the passage of obama care from the president's point of view it really just started rolling out yesterday, all of those ventures would have, if you look back at the first three years, you would see that all of those ventures include ventures, starts and stops, major problems, minor problems to. say that it's not working when the exchanges went online yesterday i think is

premature. >> bill: it's not premature. >> bill: i have got to go because we are up against a hard break. >> welfare reform finance reform all the time. always reopened and tweaked. >> bill: you have to tweak when there is danger. the president himself said to corporations, i'm going to give you another year because this isn't working. but he won't do it to the folks. that's where it falls down. gentlemen, thanks. next on the rundown, obama care not ready for prime time as i said and pretty much everybody knows it except rosen. later ben carson says the irs is annoying him because of obama care.

>> bill: impact segment tonight. the talking points memo. obama care not ready for prime time. as we have been reporting, there is so many problems attached to the new affordable care law, it's pretty much impossible to list them all. yesterday was the first day

for the government health insurance exchange. the problem was many americans could not get through to sign up. or to get information. or to get a pizza. you just could not get through. add to that the fact that the feds will not verify incomes on the exchange, so you can apply for health insurance subsidies even if you are making 18 million bucks a year. how would the feds know? and then there is your doctor. is he or she going to take mandated health guidance? many doctors say. no that may well lead to a shortage of physicians meaning that you have to wait longer to be treated. hello canada. now, the shutdown of the government over obama care sending another signal to the rest of the world that this country is chaotic. and, of course, the entertainment guys are all over it. >> the government of the united states officially closed for business. finally, a chance to use our famous nation building skills right at home. >> congress is still

getting paid. [ laughter ] [boos] >> let me tell you something, i want the names of the idiots who elected these people, oh, wait. oh it was us? never mind. >> maybe if you just explained obama care we would be able to solve this issue quicker. >> to help insurance -- insure all americans. >> what does that mean? >> no [bleep] clue. >> i'm glad the government is shutdown. send emails without anybody listening in. >> anybody go to the harbor today to look at the statue of liberty? there is the statue of liberty. they have got it. they got it it tarped up. >> as talking points has suggested, the sane thing to do would be for president obama to give individuals the same treatment he has given some corporations. that has one year waiver for signing up for obama care. if you want to sign up now, can you can. that is if you can get through but if you would rather wait and see you can. we the people should be

given that option if president obama would agree to that republicans would stop the funding chaos. there you have it obama care is is a mess. the government shutdown is embarrassing and there is a sane compromise available. here is the memo. joining us for reaction kate obenshain and democrat kirsten powers also a fox news analyst. i solved it powers. >> not even close. this is a terrible idea, bill. if you get rid of -- just i want to make sure i'm understanding this correctly. you are saying that obama care would keep running but there would be no mandate. no individual mandate? >> individual mandate. the problem with that is that then it won't work. because you have to have the individual mandate to draw in the younger healthier people into the pool. otherwise, you are just going to have premiums going up for everybody else that's in -- in the poll. so you would either have to delay the whole thing for a year or you can't do this without individual mandate. >> let me set you straight. all right? >> please do.

>> not about individuals funding it because most individuals who sign up will be getting some kind of subsidy. and there is a bunch of tears. -- tiers, you go gold, bronze. it's corporations that will have to sign up fund obama care. younger people will not sign up. they will pay the $100 fine. they will not sign up. if you are defending on the younger people to sign up, the healthier people they aren't going to sign up anyway. it's not worth their while to do. so they would rather have no insurance and not pay anything. >> how many work for corporations that don't give insurance, bill? >> what? >> hardly any corporations exist that don't already offer health insurance. >> bill: everybody -- look, why do you think obama gave a waiver to some corporations. >> they are all different kinds of waivers and a lot of them are very specific to certain situations in those corporations. i mean, he they are not -- it's not an across the board waiver. >> companies of the united states that drive the money into the obama care system. >> no. >> not the individuals. >> the people who are trying to sign up right

now, are -- logging on to the exchanges are individuals. >> who want subsidies. >> already a waiver for businesses. i mean, they already do d. that because businesses are having a lot of trouble for small businesses. >> as we will talk about later on in the program, there is -- there are many waivers, but most businesses have to buy into this, which is why they are cutting their hours down, powers. surely you know this. >> that's not corporations. >> of course it is. >> talking about ibm? are you really telling me microsoft is getting rid. >> fast food chains. surely you know that kate, go ahead. go ahead. >> well, first of all, it is individuals that are going to fund a lot of this program. and that is one of the reasons why there should be a delay because young people who are going to the web sites right now. not able to sign up. they are not going to be sticking around for 45 minutes to two hours on the phone only to be told that they can't sign up. and they're not going to come back in a couple of

weeks. you are absolutely right that there is no incentive for young people to sign up. when kirsten says delaying the individual mandate for a year len sure that it doesn't work. i assure you it's not going to work right now. given obama contributions, they are getting excepted individuals are not getting the same treatment. be able to actually work. >> mission the big picture here. the big picture is that this is going to run a deficit anyway. powers, when is the obama administration been opposed to that think are going to fund it. a lot of it is going to come from wendy's and burger king and awful these places that have to pay into it system they are going to get subsidies because most individuals who work get subsidies from companies. >> why are you referring to companies as individuals? >> i'm not corpted

america's buy in. compelling them to do that which is why they are cutting the hours down for their workers. each worker that works full time. they have to pay a percentage into it basics, the whole purpose of the individual mandate is for individual people have to have insurance. don't have a job don't have any of them 30 million of them why are you talking about corporations. >> corporations give insurance to people. >> subsidize those people that aren't working and don't have it. >> a lot of the money is going to come from having people in the pool who are buying insurance lenny is not going to be subsidizing squiggy. it has to come through a funnel of corporations because that's where most people have jobs -- kate, i

will give you the last word. >> part of the problem with the individual mandate, bill, is not that individuals getting subsidies. obama says individuals would see healthcare costs go down by $2,500 by the end of his first therm. -- term. not everybody is getting subsidies. a lot of people are either getting kicked off their insurance or watch their premiums rise significantly. >> those are people with a certain income. >> no, they are not bill, they are not the wealthy. that's the key here. that is the problem that obama's promise was a lie and that individuals and i'm not talking about high income individuals but your average americans are seeing their healthcare costs increase. >> bill: you know i love you both but after this segment everyone has a headache and this just points out that what that comedian said in the lead in to the talking points memo. nobody knows what the blank is going on here because it's so complicated, so convoluted. >> it's not that

complicated. >> screwed up they should have a year to get it unscrewed. >> of the individual mandate is not complicated. the individual has to have insurance and they have to go on to the the exchange and buy it it's very simple. very simple. >> bill: all right. ladies, dr. ben carson is directly ahead. he knows what's going on. we will talk to him about it after he criticized obama care the irs jumped on him. the doctor will be here. jesus was a socialist? and i was derelict for not pointing that out in killing jesus. that doctor will be here as well in just a few momen

>> bill: personal story segment tonight. as you may know ben carson the pediatric doctor of neurosurgeon johns hopkins spoke out against many liberal policies at a

prayer breakfast which president obama also you can see him there. soon after that the irs contacted dr. carson, who joins us now from houston. so, what do they want? what did the irs want? >> well, they wanted to investigate some property, some investment property that i had. and they came and found that all the eyes were dotted and all the t's were crossed and they said let's just do a general audit of everything and that was okay. let's look at another year. and that was okay. fortunately. >> bill: maybe it's a coincidence though. >> well, let's put it this way. i have never had anything before this with the irs. and nothing has changed. so, they. >> bill: you didn't have to pay any penalties or anything. yourjust went through stuff? >> exactly. >> bill: you really believe because you criticized some of the president wants policies at the prayer breakfast that the irs was given a hey, why don't you give him a little jazz? do you think that happened? >> well, whether that was the case or not, you know,

the fundamental issue here is the freedom of our citizens is being threatened. you know, i think this is a much more serious thing than watergate or iran contra or even benghazi gate. and, you know, freedom of speech, freedom of expression is one of the major principles of our country. >> bill: absolutely. and if they did that. if they targeted you, but you can't prove it. i was audited three years in a row under the clinton administration and i finally told my accountant swiftie if they do it number four we are going to bring suit. we are going to sue them. we told the irs that. and we said look, you have got three. and we went through the hoops for three. you do it again, and there is going to be trouble. and they didn't. okay? but i was convinced that i was being audited for political reasons. and i think you are convinced that you are -- were to. >> well, we were certainly told when all of this broke that we were going to get to the bottom of this. this is a very serious issue. and now it has sort of gone off the radar. >> who told that you they were going to get to the bottom of it? >> the president.

>> oh the president said well have you got to tell me what the president exactly said to you. >> he said this in a news conference that this was outrageous, this was. >> bill: oh, the irs in general targeting the tea party, right. >> right. >> bill: but he is not going to get to the bottom of it you know that? >> obviously they are not very interested in getting to the bottom of it. >> no. >> i would appeal to the general media to buck up and too what you are supposed to do. you are supposed to be looking out for the people. not covering for someone. >> bill: doctor, do you ever hear the expression spitting in the wind? you know -- it's not going to happen. >> now, i want to spend the last 90 seconds with you. you heard the debate with kirsten and kate. nobody understands this law. i mean, i have tried and tried and tried. give me your take on obama care. >> well, what i always tell the residents before i retired is, you know, neurosurgery is very complicated. you are dealing with people who have been trained in

neurosurgery. but if you cannot explain it to them in a way that they understand, then you shouldn't be operating on them. and by the same token, we shouldn't be rolling out a program that most people have no idea about. i don't think even the people who propose this understand it to be quite frank. >> do you understand it? i mean, is my compromise, you know, give the folks a year, the same break you gave some corporations, not all, but some, i think that's a fair compromise. you could still roll out your obama care and we will see where it goes for aer year. we will see if it works or not. >> i mean, it certainly gives us more time. but i would take that time, really, to propose better ways of doing it i can think multiple ways that cost a lot less money that would afford people much better healthcare. if it really weren't about controlling people's lives and controlling their health, i think we could get this solved. >> bill: okay, but i think after saying that, doctor, that the irs is probably going to audit you again. [ laughter ] >> if god be for you who

can be against you. >> bill: that's right. i got your back, doctor. they come close to you, you call me right away and i will bring swiftie down and we will talk to them. thank you very much. plenty more as the factor moves along this evening. professor who teaches jesus was a socialist and i'm irresponsible for not saying that in my book. she will be here. the government and hillary clinton movies. we hope you stay tuned to those reports.

>> bill: factor follow up segment tonight. we have good news today. killing jesus is the biggest selling book in the entire world and we thank you all. special thanks to the holy spirit for, of course, inspiring me to write the book. but not everybody is thrilled with killing jesus. this woman, dr. canada moss who teaches theology at notre dame says jesus was a socialist and was disappointing in me for not highlighting his politics. dr. moss writes, quote: there is no mention of the free healthcare offered by jesus and his followers or the insistence that the wealthy give away their possessions unquote. here now is dr. moss who herself has a book out called the myth of persecution how early christians invented a story of martyrdom. doctor with all due respect jesus was not a socialist. he stayed out of politics. he wasn't a socialist. >> well, first of all, i want to thank you for having me on your show. >> bill: sure. >> this is a great book. it's an exciting time. it's a subject matter that i am both personally.

>> bill: you are talking about my book or your book. >> your book. >> you think my book is a great time. >> a great book to have written to draw attention to jesus. absolutely. >> bill: disqualified. you read it and you don't think i'm a heretic. >> i don't think you are a heretic. with that said i have concern about some of your arguments. >> bill: all right. >> first is i think emitting the social teachings of jesus and the most social teaching of the new testament that the yelton give away their possessions in order to help the poor, i think that's an oversight. >> bill: surely you know because it's on the cover this is a history. it's not a religious book. and we don't get into the doctrine of jesus. we get into what happened to him and what he was doing. on page 121 to 196 and 192 to 194 in killing jesus. you see how jesus lost his life because he was sticking up for the poor. and we make that dramatic clear that jesus was for the poor. but do we get into his you are giving away your

possessions business? no, of course not. that's a theological one. not historical. >> it's historical fact that he told people in order to go to heaven they had to give away their possessions. >> bill: here is why you are wrong. lazareth in the last week of jesus' life, he stayed with lazareth. and martha and marry, right? >> according to the gospel of john. >> not only that all right. there is evidence that he stayed there lazareth was a wealthy man. landowner, a house that's where he was hold up before he went to jerusalem. jesus had a lot of friends, all right? who had money. joseph of -- he didn't condemn them because they didn't give away their possessions. i'm going to telling you that you said jesus is a socialist which you did in a twitter thing is not -- that's not theologically sound. >> i did not say that jesus was a socialist. i retreated someone else's treat. >> bill: you said yes. >> i agreed. >> you agreed so you said he was a socialist.

>> in that ache acronystic in order to go to heaven you must give away your riches. a rich man is condemned to hell merely for not giving away his possessions. he keeps the rest of the commandments. >> bill: that's not true. that's absolutely false. it's a misreading of the gospel. what says said and i now getting into theology and i don't want to do that because -- i have to do it here. what jesus says is that you have an obligation to help had the poor, all right? and if you are ruled by your possessions and two weeks ago the gospel dealt with this. if if you were ruled if that's your priority, then you you are not going to gain the kingdom of heaven. he didn't say you have to sell everything. you are going to hell i'm going to hell and everybody is going to henchts blessed are the poor for they shall inherit the kingdom of god. >> you are taking it literally when these are parables. if you are going to sit

there, professor as a theology professor at notre dame and tell me everybody on this earth has to sell their stuff and can't have anything and not going to heaven i'm going to say you are a loon. >> jesus is not a free market capitalist. they think our primary obligation is to other people. >> bill: that's true love your neighbor as yourself. when jesus was asked about caesar. he said render to caesar what is caesars. he didn't want to give in to politics. he knew that's not what his mission was. for you to say he was a socialist in anaristic way or whatever you said. debunk. souls, people, goodness of people. he doesn't care about governments. and, belief me, he didn't like the soviet union and he didn't like the socialist i can countries that impose this draconian punishment on people and seize their stuff. that's theft. but i will give you the last word. >> i think in your book that you do not contribute a sustained historical

methodology and you misrepresent and cherry pick the facts and i think that you fail to recognize just how intrinsic to jesus' message care for the poor, the sick and the needy is. >> bill: all right. well, i disagree but that's the beauty of the book. you read it and you come to your own conclusion. we appreciate you taking the fire, thanks doctor and good luck on your book. >> thanks for having me. >> bill: when we come back, miller on government shutdown and movies about hillary clinton are shut down as well. the d-man is next. ó@kt>úyúyúys

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>> bill: thanks for staying with us. i'm bill o'reilly. in the miller time segment tonight three hot topics for you. beginning with the shutdown of the two hillary clinton movies. you may remember cnn and nbc said they both might produce films about mrs. clinton. but i was skeptical. >> i am going to predict that neither movie is going to be made before 2016. i don't think it's going to happen. look. cnn is trying to come back from armageddon, ratings armageddon. they are trying to build up their shop over there they don't need. this they don't need. this nbc is already labeled the far left network. they already have problems in there. >> all right. last week cnn and msnbc said they were dropping the films.

miller is otherwise occupied this evening but i talked with him last night. miller, am i an oracle or what? >> well, you know, billy, i think observers of the of statew hillary in her reveille as we should say and they began to sense that this thing might balloon into an i max project. and they just didn't have that in the budget. so i think you are an astute observer as opposed to an oracle. >> bill: you are talking about maybe -- i'm not even bothering with that. >> do you know why they shut it down? >> bill: why, miller? >> they didn't want the mini series bias for hillary to get in the way of their regular nightly newscast bias for hillary. so they had to make this tough call. >> bill: saving it up. okay. i got it. now, government shutdown doesn't really effect you out in santa barbara. i mean, you are living large. you are on the beach. you are chasing the pelicans, whatever the hell you do out there. i don't know. the government shutdown

doesn't really effect you, does it? >> no. billy. i don't know that it effects the 800,000 people laid off from the government in washington, d.c. folks, i don't know if you have heard, you have get two years unemployment now. and they shut the zoo down. so all you lefties who are pro-animal listen, that zoo was cruel. you should view this and see the silver lining in here. i'm not worried about the shutdown. i'm worried about when they start it back up. and i don't think the republicans are handling this well either. did you watch that wild jammy party two nights ago, billy? >> bill: sure. >> not exactly sandy telling rizzo she is danny zucko. i don't trust their brains. they better realize the guy who holds the bully pulpit right now is an actual bully. last time i want to mention any time something is named after a guy ie obama care and he doesn't want to sign up for it, that's a really bad tea leaf.

>> bill: a bad sign. now. >> if i was him, i would come out and hold a presser and say, listen, i want to talk to you about me care. not obama care, me care. i would take a laptop and i would sign in and become participant number one. heed lay waste to the republican party for the next 40 years. just say i will sign up for it but he won't. that tells me everything i need to know. >> bill: now the polls say that americans are holding republicans more than democrats accountable for the shutdown. are you surprised by that? >> no. that doesn't surprise me, billy. i think our time has past, man. we are like a norman rockwell litho. we live in a country where the one physical maldy not covered under obama care is busting your ass. we may not crash right now but it will crash itself down the road. i like what ted cruz said sending up a signal flare we are not part of this. checkbook stuff. have the stubs equal the

checks going on. we don't do that now. that's the way the country wants it so i lock the pod face on. >> bill: were you surprised your pal from "saturday night live" rob snyder now has defected the democratic party and gone over to the republicans? >> all i know is this basically if you are using common sense and not locked into zealotry and you just look at the way the country is going right now and say we have got to spend what we take, in we can only spend that you are not a zealot, you are pragmatist. maybe he got pragmatic. >> bill: get older balance a budget and plan and see things for the craziness it is. in your state how insane is it out there? it's every regulation in the world? put peanut butter on and come in and tell you how much. what kind of bread you have to use. it's nuts. >> billy, i feel like in the state of california. and i am getting older by the way. my prostate has turned into jujubean. i might turn all my funds

over to sacramento might have more aches is to them as petitioner as i do an actual proprietor. >> bill: get more money back. finally, did you see the "60 minutes" profile on killing jesus and me, your humble correspondent? did you check that out? >> i have watched it on a perpetual loop since it happened. hey, here is the difference between me and you billy. i'm a lapse catholic i said you first the last time i went to confession. i know when the holy spirit visits you in the middle of the night he tells you to write books that will sell 10 million books in the holy spirit visits me buy o'reilly's book retail and flies out of the room. that's the difference between our gods. >> bill: don't you think the holy spirit both u. and i when we are on stage at the bold earl fresher show don't you think there might be inspiration coming down here. >> i think the holy spirit says i wish i was god the son make a buck and get into the v.i.p. line and meet these two geniuses. >> bill: sure he does. [ laughter ]

a little blasphemy from miller. we apologize. dennis miller, everybody, there he is and a quick reminder the bolder fresher show rolls into nashville tennessee a week from this friday. jacksonville florida a week from saturday. miller and i will be in florida january 18th. that show will sell out. make great christmas gifts on bill o'reilly.com. florida man run down by a police car and the cop is fired. right back with that report.

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>> >> back of the book segment tonight. did you see that? last may in deland, florida police attempted to pull over brown for traffic violation. mr. brown tried to allude the cops even leaving his car and run away. he was run over by a police cruiser and died. this happened just 25 miles away from sanford, florida

where trayvon martin was killed. the officer who hit mr. brown with the car james harris has been fired but not charged with a imcroovment here now to explain further fox news anchor martha maccallum. why did this happen? if it was a traffic beef why did it happen. >> they said they pulled him over because he didn't have his seat belt on. obviously he panicked and ran. one of the witnesses in the car with him said i can't go back to jail again. did he have a record, forgery, theft, no violent crime, a possession crime on marijuana. but it appears that he was very afraid that he was going to have to go back to jail. >> bill: for not wearing his seat belt? >> he got pulled over at a traffic stop that's all the officers said why they did it whether they had suspicions on him -- that is really hard to watch. the other thing is that his family feels that the autopsy was overruled. the person who did the autopsy said it was traumatic homicide. also the chief of police fired him instantly when he saw the video . so clearly the chief felt there

was a crime here. he fired him instantly. >> i wouldn't say a crime, but wrongdoing. now the family hired ben jamin krump who was trayvon martin's lawyer. this will be a big deal. the police officer was fired, not charged by the state of florida. we don't know what happened. we know it shouldn't have happened. >> it is surprising didn't indict. we know they indict like a ham sandwich with this evidence. it's strange . >> it depends. >> the family wants another medical examiner to look again. >> i think florida should try to put it in a perspective so everyone understands it. now at the dallas cowboys/san diego chargers game another terrible thing. this is happening more around the united states at sporting events. roll tape. >> reporter: moment s after the chargers beat the cowboys today there the parking lot. here is cell phone video that captured the ordeal.

it woman slaps a man in the face. moments later a man hit him over the head with a beer bottle. the crowd tried to break them apart. another man smashed a beer bottle over someone else's shat. witnesses say the fight was about fans arguing over the game. >> this is in san diego in the parking lot of the stadium, tailgating. anybody charged? >> two people. one person was arrested and released. they are looking for the other person in the video. the larger picture here is the overall violence we are seeing at games. you've got jonathan denver, a 24-year-old, stabbed to death at a game. brian stoue, his crime -- >> those are baseball games. >> right. >> here's the problem. >> it's out of control. >> have you ever gone to a professional football game? >> of course. >> the tailgating situation. >> exactly. >> it's hours long. people show up two, three hours ahead of time. a lot of them drink. i can't go to giants stadium to see the jet s or giants and sit

in the stands. people recognize me and a lot of them are drunk out of their minds before the game even starts. >> you can get one drink during a certain period of time. >> not in the stadium. it's happy ing pregame. they come in drink. >> are you going to do breathalyzer tests? >> throw out drunk people. they need to have a no tolerance policy, say if you are behaving in a way not in keeping with what the stadium expect s you're out. people will get the message. >> you go to a football, baseball, hockey game, the obscenity is, chants. >> it's awful. they have to talk people out. the guards have to say, you're out of line, drunk. that's foul language. you're out. >> we are becoming like great britain and the soccer stadiums there. it's a free fire zone. that's what we are becoming here. >> they rarely have a game where they don't bodily drag someone

out. >> factor tip of the day. are you mad as hell factor tip of the day. are you mad as hell? in a moment. first the mail. your compromise idea was trash. that's not the way the insurance market works. well, you have no clue, kevin, none. my compromise is a delay for individuals to sign up on the

exchange s. that's it. that's it. kool-aid is fogging your brain. >> jim from kentwood, michigan. the republicans must represent us and we don't want obama care. same kool-aid, different point of view. did you miss the last election? mr. obama won. health care won. law of the land, supreme court affirming. doesn't matter what you want. you live in a republic where the majority rules t. way to destroy a bad law which obama care is, so i agree there, is to win congress and the white house. doing a kamikaze routine that alienates americans is not going to accomplish that. wise up. carson mueller, phoenix. obama care reminds me of prohibition, bad law that will be repealed. i think your prediction is correct. from south carolina. o'reilly you are spot on regarding the break down of the family being the primary reason for violence. everyone wants to take a band

aid approach but we need to make it a major issue. richard lowe, harris county, texas. as a retired deputy sheriff i know having babies out of wedlock is a big business. the nanny state re wards women for doing it. from colorado, combs is right. it's more than a dysfunctional family situation. the culture of the neighborhood creates problems as well. families wouldn't live in perilous neighborhoods if they had resources to get out. that's why you don't have children at age 16 with a guy who is high risk. are we getting this? colorado. is the purchase of "killing jesus" to stir up controversy and make another pile of money? that's it, otto. you nailed it. from florida, the holy spirit moved me to read "killing jesus." it was o'reilly who's making me enjoy it so much. marty and i thank you, tom. talent is given to us, i

believe. it's how we use our talents that count. it's given. drew from spokane, washington. the talk about you going to hell for writing "killing jesus" is nonsense. i'm glad to hear that. thank you. finally tonight the factor tip of the day tomorrow. tomorrow we'll launch a new segment called mad as hell. in it, you the viewer tell us what tees you off mightily. we have received thousands of letters so far. send them to us at mad as hell@fox news.com. we'll read the most interesting ones. also tomorrow the return of me gan kelly, everybody. whoa! good factor on thursday. factor tip of the day. that's it for us tonight. check out the fox news factor website. we'd like you to spout off from anywhere in the world about anything we say and do on the

program. o'reilly@fox news.com. name and town if you wish toopi. the word of the day, do not be a poltroon when writing in. we have two methods. write about topics on the program to us. then you write about mad as hell at that separate address. okay? i'm looking forward to mad as hell. i've already got the letters. they are funny. we are doing it next week, so write in. thanks for watching. please remember, the spin stops here. definitely looking out for you. >> it's october 3rdrd. another weather bombshell from the nsa. how they tried to follow every

american. the white house bragging about the number of people visiting the obama care web site. they won't be bragging about this. fewer than one percent of visitors to the site are actually intensifies. the suspects to the vicious road rage attacks. we have new pictures police want you to see. "fox & friends first" startsrig. ♪ >> we will be there and we will always be right here for you. you are watching "fox & friends first" on this thursday morning. i am heather childers. >> i am ainsley earhardt. it is thursday. you made it through the workweek

almost. day three of the partial government shut down begins with lots of drama, but no deal in sight. >> both democrats and republicans are digging in with the president saying that he will not negotiate restrictions on obama care. doug luzader is live from washington with more. >> there is more and more talk now about not just an october 1st day that has come and gone where we essentially ran out of money to spend for the federal government but focus on the second date october 17th. that's the next big deadline before the nation reaches its borrowing limit. at let's they were talking last night at the white house, president obama is sitting down with congressional leaders at both parties. but according to folks afterwards, no one moved an inch. >> the president reiterated one more time he will not negotiate. >> the house was able to pass specificil