we have videos there, questions, polls. more importantly, you can talk about obama care. do you like it or not? go to gretawire. the o'reilly factor is on, tonight. >> it is the going to be the corporations and the companies of the united states that drive the money into the obama care system not individuals. >> a couple weeks ago kirsten and i shout it out over obama care now the picture is clear. americans are getting hosed. we will follow up with ms. powers. >> at this point the tea party is no more popular than the clan. >> outrage growing over the comparing the tea party to the ku klux klan. is this guy crazy or what? we will tell you. would den miller spy on the french? why is this ad banned in

australia? ♪ >> 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. how obama care will hurt you that is the subject of this evening's talking points memo hire are the facts and they are grim. almost $6 billion from the taxpayers have been spent so far rolling out obama care. 6 billion. what do we have for all that money? you know what we have: according to the associated press just 300,000 americans are sampled obama care on the state run exchanges. that is a dismal showing after three weeks. >> the codes are difficult and there are glitches so think need to fix it and they need to be clear what they're doing and they need to do it quickly.

if i were in the white house i would be communicating regularly on those fixes but i also would be very, very tough on the people who are responsible to get those fixes done quickly. >> and what are the odds of that happening? in addition, the congressional budget office estimates there will be about $1 trillion in new or higher taxes to fund obama care over the next 10 years. and we working americans will pay these taxes along withorporations who will pass the expense on to us. for example, to fund healthcare, the medicare payroll tax going up from 2.9 to 3.8% for wages and profits exceeding $200,000. and that's just about every small business in the country. there are $100 billion in new taxes for the health insurance companies over 10 year period. and, guess what? as i said, we're going to pay for that because the insurance premiums are going to go up. in fact, they are already up 70% for individual coverage

19% for oon average. if a company with more than 50 workers on health insurance it has to pay $200,000 per employee to the feds every year. the obama administration calling that a tax but it's really a fine. so are we all getting this? those of us who work for a living, and those who run companies are all going to pay big time for the affordable healthcare law. the truth is it's only affordable for those not making much money. they will be subsidized. individual americans signing up for obama care can't possibly fund it. money has to come from a variety of new taxes on those who are being productive in the workplace. all of this is a bit pinheady i know. but the point is we are being conned. we are north being told the truth. as talking points pointed out last night, this is a a giant redistribution of wealth scheme actual hands on healthcare will decline in the process. did you know that in

massachusetts, this has romney care and will soon have obama care as well, the wait to see doctors has almost doubled? did you know that? and the bay state has tons of doctors. states that don't have many physicians will suffer greatly. you are going to be waiting for months. that's because many american doctors do not want all the red tape and paperwork associated with with obama care. they will start boutique practices catering to the well off. a cbs poll asks this question. 12% of americans say well i guess they live in belize. 49 percent said not so well. 38% don't know. what is your view of the new healthcare law? 43% approve. 51% disapprove. 6% don't know. this time next year talking points predicts 6 a% of americans will disapprove of obama care. the other 35% will be getting subsidized. and that's the memo. now for the top story

tonight. will congress pass a delay in obama care? last night on the factor, senator marco rubio said he will introduce a bill to that effect on monday. joining us now from washington ace fox news correspondent james rosen and carl cameron. excuse me, i'm trying to get a doctor to treat me but they are all gone. so, cammeron what do you think is going to happen in the senate after marco rubio introduces the bill? >> the president's initial reaction is going to be to oppose any sort of delay some of his supporters on the hill back him up. he is going to be under pressure and it grew a lot today. senator shaheen wrote a letter to the president yesterday saying that she thinks it's time to look at extending the deadline of enrollment and perhaps putting off the individual mandate. she is running for re-election next year and considered one of the vulnerable types. west virginia democratic senator joe manchin said is he going to support some sort of a delay and may in fact come up with his own bill to delay it for a year. >> let me interrupt for a

minute. we have the senator on in about 7 minutes on the program. >> he will be pleased to learn when he sits down with you there bill that he has a couple of new supporters already. mark prior the senator from arkansas and mark begich vulnerable in next year's re-elections said they too support delay. >> four i understand you need six for this to pass in the senate putting off the mandate for a while. to have four in the first couple of days and find out democrats are going to be sponsoring the legislation could be beginning of serious pressure. house full of democrats time for a delay. arguing against his own party. >> let's stay in the senate. so you you have two more because cory booker the -- from new jersey is going to take over after halloween and is he going to do whatever president obama wants. so you are not going to get him. >> kay hagan of north carolina, mary landrieu of

louisiana. the shutdown headline has been completely pushed out of the newspapers because of the failure of the obama care launch. republicans now feel like they are on offense and the tea party is more fired up than they have been in weeks. >> that doesn't matter to democrats the tea party and the republicans. it's weather the drark senators think they are vulnerable and they will lose. >> and they do. >> four in the tent now and you say there is one in north carolina, right? that's vulnerable. landrieu in louisiana, she vulnerable or is she -- >> -- because she comes in from a red state, a state that mitt romney won that has a considerable republican leaning bent. conservative democrats down there too. she sunday pressure. she has been asked these questions over and over and over again. there are handful more. it is entirely possible that given this kind of pressure and a letter to the president from a liberal democrat from a beloved home state of new hampshire live free or die. he needs to do something about extending this deadline. >> the pressure will grow throughout the rest of this week. the bill will be introduced

by senator rubio on monday. it will probably democrat bill as well. dueling bill. say it does come down to the senate we want a delay. what are the odds that president obama will veto that. >> if it were a full year delay probably pretty high. several weeks in order to try it work out some of the problems with the actual initial signup and perhaps deal with the extending the penalties so people won't have to pay that feel if they don't get signed up on time it's going to be a negotiation. it's going to be battle. if the president is on the wrong side of it saying don't worry about it. >> is he just veto it. >> sure he has to worry about what's going to happen in 2014. if he loses the senate. things are going to go a heck of a lot rougher for him. >> that's true. >> let g.p.s. over to our pal rosen who is not going to be double dating with jay carney the white house spokesman any time soon. we will refresh that rosen, bold and fresh took on the white house spokesman over benghazi because there was a

meeting the day before the assassination in the white house about security. you didn't get any answers from carney and then you finally walked out, roach, right? walked out on you? all right. and i have to say i do that on rosen all the time. you just can only take a little bit of him. but, have you advanced the story, found out anything more about that meeting? we know president obama is there one of his advisors. anything else you can share with us? >> well, the point of the meeting was you had the president sitting down with his top national security advisors on september 10 of 2012 the day before the attacks in benghazi and according to other things white house press release that day security posture. the house armed services committee subcommittee on oversight investigations is taking a careful look at those sessions, those security posture reviews because they have found that the posture of the u.s. military was so poor around the world on 9/11 that no rescue or remedy by the military was possible i can

tell you that fox news isn't the only news organization looking into benghazi actively right now even though jay carney tried to suggest in our exchange that this is. >> we know cbs is investigating. frm i know further it's going to be on "60 minutes" possibly airing as soon as this sunday night. >> wow. >> and that the obama administration is said to be, shall we say, very apprehensive about what's going to be in the "60 minutes" segment. >> really. >> i happen to know what's what it's going to be and i have idea of it. >> you are not going to disclose but is it not going to be friendly to the president i would assume? >> yeah. any discussion of benghazi of course the obama administration portrays seeks to portray is somehow impolite or somehow politicize ago tragedy. >> well, "60 minutes" will have to announce tomorrow what their line up is on sunday. keep a close eye on it. affirmation kirsten powers has she reevaluated her unwavering support of obama care?

later, miller on the medical rollout and the u.s.a. spying on the french. factor is coming right back. anyone have occasional constipation, diarrhea, gas, bloating? yes! one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. live the regular life. phillips'.

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you can even take a full-size or above, and still pay the mid-size price. (aaron) purrrft. (vo) meee-ow, business pro. meee-ow. go national. go like a pro. factor follow up segment tent. who is really getting punished in the obama care situation? a couple weeks ago i told kirsten powers very gently that american companies and workers will bear the brunt. she disagreed. but some others see it my way. there is going to be a corporation of companies in the united states that drive the money into the obama care system, not the individuals. >> no. the people who are trying to sign up right now are logging ons to the exchanges are individuals. >> most of the healthcare is employees get that, over 160 million get it from their employer. and they are worried that if you start adding preexisting conditions, no lifetime limits, paying for maternity care, paying for colon

colonoscopiys someone is going to have to start paying for that i hear you are having a change of heart. >> i'm definitely extremely frustrated with the rollout of obama care. >> frustrated. >> who wouldn't be? >> i'm not frustrated. i thought it was a bad deal from the jump. >> i thought it was a bad idea. i just think it doesn't inspire a lot of confidence i guess you would say that they can't built build a web site considering the idea of the exthat exchanges was to get on the web site and do comparison shopping and they can't even do that. not really inspiring a lot of confidence. >> don't you understand that they can't do anything? >> i don't agree with that. >> that the federal government is just a bureaucratic mess? down kathleen sebelius. >> huh snru. >> i know her. this is a woman who would have trouble going to k-mart. she would have trouble. >> that isn't true. >> she is not skilled.

she is not a skilled administrator, she doesn't have the discipline to run an organization like would have to put together to roll out obama care. she is just there because she is a democrat. there is no skilled people in here. they were warned about it. >> i don't agree that the government can't do anything. the bmv web site works. >> who screwed it up? >> h.h.s. people. >> and what are they? they are the government. >> that doesn't prove that the government can't do anything. >> okay. >> that's what i'm saying. they should be able to build a web site. if i can pay my tickets on the dmv web site. >> i'm trying to tell you that the federal government can't do anything. >> i don't agree with that. >> can i control the border, federal government? >> no. >> i don't agree there is a problem with the border. >> can't control the border because there are 12 million people snuck over the border. >> does it run the medicare. >> do you know how much

fraud estimated 25%. >> they are able to run. >> to run what? >> the military. do you agree the military is run by the government. >> that's a whole different ballgame because it's run by -- the military is run by the military. not kathleen sebelius. the problem is that, look, this is barack obama's signature deal. this is hi his big deal. >> yeah. >> if you have a big deal, you make sure it's good. i have a big deal, i have a book. and it's a big deal and i put a lot into it and i made sure that every step of the way the rollout of that book wrkd. if barack obama was a competent administrator, which he is not, all right, he would have done the same thing by appointing very competent people to roll it out instead he appointed kathleen sebelius. >> i don't think barack obama is the most competent president we have ever had. >> you are agreeing me the government can't do anything as it stands now. >> i think the government can do things. >> not this. barack obama couldn't do this and he had a total lack

of curiosity. reporting showing the site was crashing the week before it launched. >> that's right. >> completely unthinkable. >> i want you to join with me in demanding a one year waiver. >> oh god. >> it's going to happen, you you know it's going to happen. >> here is when i think they should just delay everything. the whole thing. >> that's right. >> not just individual mandate. i agree at this point it's not functioning and they should probably delay it. >> take a look at it next september. >> i actually agree that i don't think delaying the individual mandate. >> everything. powers wants everything delayed. what a stunning turn around. , what two weeks? >> what that i gave it a chance? bill? i will give it a chance in a year also. here is the thing. here is why what is so horrible about it. >> i only got a minute. >> barack obama has given you. this and this is the problem. he has set back the cause of activist government the idea that the government can do

anything for probably decades. he has given you this. >> this is what i don't understand about you ircan citizen powers, all right? why don't you listen to me. you know i'm always right. >> because you are wrong all the time. >> no i'm always right. i was right about. this i said very early on it was going to be a mess. >> you were right about one thing. let's not exaggerate. >> now you are taking the factor proposal further. >> and to be clear. >> you not only want the individual mandate. >> we actually don't agree. >> you know i don't want to gloat. >> you are a humble man, bill. >> yes i do. yes, i do. directly ahead, will any democratic senator support a one year delay in obama care? indications there are. and then allen west on congressman alan grayson says the tea party is the klan. is he nuts? is he crazy? those reports after these messages. [ male announcer ] want healthy joints?°

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>> and in the impact segment tonight, last night i promised you i i would ask joe manchin to appear on the factor this evening and here he is from washington. senator, thanks for helping us out tonight. and do you support senator rubyee's bill that would delay the individual mandate for a while? he has a six month thing. six months after the web site get up and running and then it would kick in. what do you you say. >> first of all i just heard about marco's bill. i appreciate everyone trying to improve something. try to fix it before we throw it out. i have been working with johnny eye sixson isakson. is he a great senator from georgia and a great friend of mine and we have been working together. what we have said it should be a transition year for one year there should be no fines and let's work through the problems. they have been identified.

everybody has recognized them. let's fix it fix things. >> calling for here. and that's what senator rubio. j your vision. his basically says leaving it up to to an agency to tell us whether this is working or that is working. really no certainty of time. ours has a certainty of time. january 1, 2015 no fines whatsoever. transition in. work out 00 kinks, let's fix this thing. >> i would support that. i would think senator rubio would support it. >> i believe if you sat down with senator rubio and he wants you and he told us last night he wants you to partner up with him so that it is a bipartisan bill. i think he would go for that i think the american people would go for that that's a fair thing to do. let's get it done, right? >> i agree with you. we have been good about putting coalitions together. we just came through a coalition, six republicans seven -- we can do that. groups in the middle. we are going to make it

work. >> according to cammeron you have got four democratic senators right now that will join with you and you are one of the four. you need two or three more are you going to get them. >> i am going to work hard. >> make a prediction? will you get three or four senators to do it? >> i think we will. there is enough movement that this could be a bipartisan movement to fix it people are trying to kill a bill. if they are trying to kill it that's another thing. >> reid is not going to want this at all. >> no. i think harry reid might surprise you. >> if you can deal with reid, more power to you. now, say you do get the bipartisan support and it goes to the president's desk, is he going to veto it in. >> i can't imagine him veto it if we are trying to work together to fix if those can't be fixed get rid of

them. if he we are all working to fix things. the easiest vote up here is a no vote. can i vote no against everything and fine. it would be the happy retirement home. i came here to fix things. there is a lot of people here that want to do something and improve on things. healthcare, this bill has a lot of good things that's helped a lot of good people in west virginia. it has a lot of challenges. affordable health case was never meant to be if you have insurance you have to buy insurance and not as good. that needs fixed. >> needs more time. three and a half years. give it another year and three months and see where we are. we all agreed on that. >> right. >> you don't think the president would veto it because if he does it puts him at odds with the american people as all the polls show that people want more time. now, were you surprised personally surprised that the administration couldn't get the software up and running and all this chaos? did that take you back. >> i was not surprised. i he will tell you why. i became governor of the

great state of west virginia 2004. at the time the previous governor was working through a transition putting a whole new computer system in to run medicaid claims it had been a debacle. people weren't getting pand. providers weren't getting paid it was awful. they wanted to sue everybody. i came in and set everybody down and said we have got to work through this and fix this thing. we got it up and not only running it it's become a model. it took us a while why didn't the putt putt you in charge of this instead of sebelius who doesn't know what she is doing. she doesn't know what she is doing, senator. he has no clue. she should be out. >> she was successful insurance commissioner in kansas. successful governor. >> i was a successful baseball player that doesn't mean can i get web sites up and running. she had her chance. she blew it that's it. get you in there. if you can fix it, fix it. >> it's not basically it's getting people together who

want to fix things not want to tear things down and break things all the time. >> you think she doesn't want to do it. of course sebelius wanted it to run. >> she couldn't do it. >> there is a lot of smart people in this country. they need helped me when i needed help getting our system up and running. by golly they can help this country, too. >> give the president a list of people who can do it. sort it out. >> i'm happy to do that. >> he woodland like to you check in with us. ask senator rubio to do the same thing, maybe the middle of next week, the end of next week when we get this whole thing and marco is a good thing and work well together. i will be talking with him absolute. >> i all work together to do what's right for the american people right? >> pleasure to talk to you. plenty more ahead as the factor moves along this evening is alan grayson crazy? calling millions of people crazy. alan west has some thoughts. dennis miller on american spying on the french. thoughts on the obama carrollout. we hope you stay tuned to those reports. if you think a prune is a prune, you haven't tried sunsweet, the amazing prune.

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>> personal story segment tonight, is alan grayson crazy? on monday he put out an email associating the tea party with the clue clux klan he claims the tea party is racist demonizing millions of americans he doesn't even know. joining us from florida is allen west who has some thoughts on the matter. the reason why i wanted you on the program tonight is you served in congress from florida. grayson deserves from

florida. you didn't recovery lap. you know the state, so grayson was there. they -- he lost, then there was a redistricting of some kind, he ran again and he won. but he is the most extreme democrat i think in congress, is he not? >> yeah, i think that when you look at some of his past comments and definitely with the comment that he recently made and fundraising email it really does cause you to ask what were the people in and around the orlando district thinking about? it was a gerrymander democrat district it was going to lean successfully toward him. i think pretty good challenger coming up against him in this next 2014 cycle. >> i would think so orlando is a service industry place. most people disney world and other parks around there. they make a good living but they are not wealthy people. they are not limousine liberal people they are

working people. florida is not a big union state. he got a lot of union money to run. they love him. but it's not union-driven. so who is voting for alan grayson. who loves alan grayson? >> well, i think when you look at was a presidential cycle that he won in president obama spent a lot of time in the i-4 cordon and grayson was able to run on those coat tails. when you look at this email this is going to turn heads. this symbol burning cross. i have been to many tea party rallies. it's offensive in that measure. i was born and raised in georgia and atlanta specifically and agreeing up in atlanta a top stone mountain the ku klux klan would burn a cross there that you could visibly see on a clear night. that makes it personal for me but then also my parents brought up in 20's and 30's

that burning cross ask a symbol that's horrible to the black community. i don't know why you are not hearing more of an outrage and outcry. >> well, because grayson is a liberal man. that's why. that's sad. let's flip the pancake and say there was a republican member of the house puts out a fundraising email using the burning cross, symbol of the klan. i could guarantee that you reverend sharpton and jackson the naacp the national urban league the president himself everyone would be screaming. as a matter of fact last year when i talked about the expansion of the depend den is i society and the welfare nanny state and talking about as a form of economic slavery the left went absolutely apoplectic saying i should not be able to talk about slavery yet they are going to allow someone like alan grayson to bring up this symbol. >> i think grayson is unbalanced. i really do. rational person does not demonize millions of

americans who are either part of or agree with the goals of the tea party. he doesn't know any of them. but to call them racist and to use a violent, see, people don't know their history, what mr. west is referring to is that the klan was violent. they would kill you this cross was the symbol of the violence that if you caused trouble, you african-americans, we're going to hurt you and hurt your family physically. this is really violent. as far as i know the tea party never hurt anyone. they don't interrupt meeting bike the occupy wall street movement does. they don't destroy property. so i just think it was a sickening display and i will give you the last word. >> it is actually very pavlovian because we continue to reward this type of behavior. they reelected grayson and you don't hear anyone taking him to task on it and i'm quite sure that they are championing him on another cable news network.

smsk, you read his statement he doubled down on this. is you are not going to see him retract this statement. >> no, he is not going to do that but is he going to lose next november. he is going it lose. i predict it right now. >> when we come right back, it will be miller time. french spying. arnold schwarzenegger and the presidency and obama care. miller is next. [ woman #1 ] why do i cook? because an empty pan is a blank canvas. [ woman #2 ] to share a moment. [ woman #3 ] to travel the world without leaving home. [ male announcer ] whatever the reason. whatever the dish. make it delicious with swanson. and better is so easy withrning you cabenefiber.o somethingsh. better for yourself. fiber that's taste-free, grit-free and dissolves completely. so you can feel free to add it to anything. and feel better about doing it. better it with benefiber.

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thanks for staying with us, i'm bill o'reilly in the miller time segment tonight, spying on the french. apparently the national security agency did that, perhaps looking for recipes. anyway, secretary of state john kerry had to eat some crow. >> our goal is always to try to find the right balance between protecting the security and the privacy of our citizens. and this work is going to continue as well as our very close consultations with our friends here in france. >> no. joining us from santa barbara, the sage of southern california, dennis miller. i was going to say something but i'm not. i will let you say it whatever you want. would you spy on the french?

can you repeat that i got some interference. wait a second, what the -- what the -- what the -- i guess we are all under some sort of hidden scrutiny that we are not aware of these days. spying on the french. >> yes. >> it stinks. it stinks. spying on the french. it absolutely stinks. you know something, bill, god forbid that we waterboard khalid sheikh mohammed and get hard data out of him when we can put a spy cam in a sauna and get the real story. three quarters of the emails that they break from france are letters to guy's mistresses telling them to bear with them they are about to leave their wife soon and they shouldn't jump off right new. >> i thought it had something to do with french food. great all over the world. i don't know. >> let's break the code god

for bid we go after al qaeda. >> maybe you know to be serious though, there are a lot of muslims. 10% of the hop legs french. france is muslim now. so, -- >> -- why would you want to spy on muslims? there is no problem there. >> no you don't see any? >> the world has gone nuts. >> well the nsa spying on 80,000 french people and john kerry looked like he had control of the situation there. >> always good when the secretary of state has a longer face than the actual flag behind it. >> around schwarzenegger tweeted today that he doesn't have any intention of running for president. doesn't want the law changed which had been reported in the "new york post" and "the washington times," so he denies that that is on his mind. and then he said but o'reilly factor i will start watch you and dennis love the show. so apparently he likes you,

miller. would you like to see the governator if he could, run for president? >> i think most people suspect that arnold was born in kenya. and it's an odd time for him to want to run for president i'm split for austria. there is no need for the pump you up guy bernanke thank you very much. at the end of the day i don't care who president is anymore. i don't care if it's arnold schwarzenegger, arnold zilpple. arnold stang. eve arden. i want to write a check and be left alone, okay? it's all gone absolutely crazy. i would rather talk to the marble columns behind joe manchin than i would talk to joe manchin. that goes for john boehner on the tanning bed with the thong on smoking lucky nones. that goes for obama and

biden. let me send you a check. leave me alone. because taxation without representation is tyranny but taxation within incessant representation is tedious. i have had it it. >> it's worse. >> just send the check. >> i think we are going to get it ton though. we are going to get the obama care mandate delayed. we are working together here. this is detente. come on. >> i think obama care is the new prohibition. i don't think people are going to go along with it. i think allen grayson will be the new elliott ness use anthony weiner as a battering ram knock doors down lead people half the way to sign up for it kids don't matter. obama care is barack obama's akin to the peace corps was with jack kennedy. the kids want to step up and do something, i find it an odd thing. it looks like it stinks so far to me. carney walking away from the podium every day trying to explain it like is he jack parr on the talk know in the early 60's told them not to say water closet for god's

sake. all i know is this there has got to be a number send in and just ignore me. leave me alone. it's crap right now. we have contacted the irs to see what that number might be, miller. we will have information for you. do you not think the world is spinning, baby? >> i think we are into, you know, as the temptations once sang a ball of confusion. but i do want to thank you, miller, for meaning arnold stang. bringing arnold back for those of us that remember the 50s. he was a major television presence not as big as eve arden but close. >> i am confused and broken right now. let me have a couple days off from all this crap. >> we'll send someone out to sooth you, miller. >> thank you, bill. >> we would like to remind everybody in san diego the bolder fresher show rolls into town friday, february 21st at the copley theater. tickets make great christmas gifts. details on bill

o'reilly.com. on deck, martha maccallum new video from that horrendous motorcycle gang attack on an suv. it v ad banned in australia mate. coming right back. ond. (dad) slow it down. put the clutch in, break it, break it. (dad) st like i showed you. dad, you didn't show me, you showed him. dad, he's gonna wreck the car! (dad) he's not gonna wreck the car. (dad) no fighting in the road, please. (d) put your blinker on. (son) you didn't even give me a chance! (dad) ok. (mom vo) we got the new subaru because nothing could break our old one. (dad) ok. (son) what the heck? let go of my seat! (mom vo) i hope the same goes for my husband. (dad) you guys are doing a great job. seriously. (announcer) love a car that lasts. love. it's what makes subaru, a subaru. 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

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back of the book segment tent. did you see that? you may remember on september 29th, a motorcycle gang attacked a family of three, including

it will be make or break this video for robert simms, reginald chance, craig wright and kalik douglas who are accused of doing the dragging, kicking and beating with the helmet. so for them this will be make or break, as i said. >> all right. this video is allegedly shot by one of the gang members. what about the cops? there were two new york city cops in this gang. what about them? >> there was a detective who claims he did bash one of the windows with his helmet but only after there was already a hole in it. >> that's good.

>> and that he took off when the assault started to happen. he's obligated as an under cover police officer to report the crime immediately which he did not do. >> what's the other guy? >> there is another undercover cop who also claims he was no part of the assault. >> we assume they will be part of the process. so the grand jury convenes tomorrow. ever been to australia? >> never have. >> it's a socially liberal country. >> apparently. >> i enjoyed my stay there. there is a tv commercial they have banned. roll tape. ♪ >> can you fit me? >> whatever. >> there is more, but everybody gets the point. why ban that? >> it's hilarious. it was looked at by the australia advertising board. they say for once we are not

using sex to sell something else and leaving people wondering what the product is. we sell lingerie. that's what we are selling in the ad. >> it's not degrading because she's confident, walkeded in confidently. they found they were not guilty in terms of villifying or degrading her based on her gender, mental state or political beliefs. i would question the mental state of any woman who walked in -- >> is she getting her car fixed? >> getting her tires done. >> australian women are supposed to wear lingerie to get their tires fixed? >> it's a commercial. the funny part is they looked at if the men were being distributed against because they were rendered helpless and did it depict them as stupid or unable to perform their task. they said the reaction was realistic in terms of what would happen if the woman walked in. there was no discrimination against the men. >> i was more concerned about

whether the tires were offended. >> i'm sure you were. >> you can't see this on australian tv. >> you can see it here and on the internet and everywhere else. very successful advertising. >> fak the tor tip of the day. you see this tie? see it? do you want it? we'll tell you about the great factor tie giveaway. [ male announcer ] if you suffer from a dry mouth then you'll know how uncomfortable it can be. [ crickets chirping ] but did you know that the lack of saliva

can also lead to tooth decay and bad breath? [ exhales deeply ] [ male announcer ] well there is biotene. specially formulated with moisturizers and lubricants, biotene can provide soothing relief and it helps keep your mouth healthy, too. [ applause ] biotene -- for people who suffer from dry mouth. medicare open enrollment. of year again.

time to compare plans and costs. you don't have to make changes. buit never hurts to see if u can find bettoverage, save money, or both. and check out the preventive benefits you get after the health care la open enrollment ends december 7th. so now's the time. visit medicare.gov or call 1-800-medicare factor tip of the day. giving away my ties in a moment. first from royal oak, michigan. i enjoyed your talking points on socialism in america. what's next, everybody getting a cell phone? no joke. it could be next. from california, bill, it took five years but all of us who have known from the beginning that barack obama is a socialist. welcome you. you can't pin a label on a president with facts so i don't do it. there is no question that the democratic party is embracing socialist tenets which doesn't

bode well for the nation. from reversing soc.lism as it is bankrupting us. the ec is crumbling and history prove s that socialism doesn't work. the vast majority of redskins names aren't offended by the name. it should be okay to keep it. why do a small number of athiests have the power to ban public school prayer when the majority want it. the redskins deal is a social issue not a constitutional issue. and ohio would davis be offended if the cleveland indians changed their names to the after rows and featured a logo of a smiling black man with big hair? from california. read "killing jesus" on my ipad in a day and i don't like to read. kathleen from indianapolis. i liked killing lincoln and killing kennedy. killing jesus is the best history book i have ever read and i read a lot of history.

for those of whou you would like a signed copy for christmas gifts get the orders in early. there is a huge volume this year. don't forget if you become a premium member or re-up you get killing lincoln, jesus or kennedy free of charge. your choice. bill, how on earth can you call "killing jesus" history when there is no tangible proof he even existed? your e-mail is a jest, right? this is a joke, right? please look at roman, jewish and muslim accounts which are all footnoted in my book. my god, man, wise up. from honolulu, your tip is correct. my dutch mother told me never to trust germans. at the end of her life, her best friend was german. and the factor tip of the day. the fisher house stepped up to help military families denied death benefits deduring the

shutdown. we want to replenish the treasury by having a little auction. on billoreilly.com there are 18 ties i have worn here on the factor. you can bid on them. they are in great a shape. very spif if i. you get a signed certification that i wore them on air and you can help military families. billoreilly.com has the info. check it out. factor tip of the day. that's it for us tonight. please check out the fox news factor website. also spout off about "the factor." oreilly@fox news.com. name and town if you want to opine. don't be a sur mud john. i'm often accused of that. tomorrow, thursday, your mad as hell letters. we have 10,000 of them. we'll read some.

i know you're mad out there. thanks for watching. ms. megyn is next. i'm bill o'reillo'reilly. the spin stops here because we are definitely looking out for you. breaking tonight obama care backers are jumping ship. congress may have the votes now to delay this law. this is big. welcome to "the kelly file." i'm megyn kelly. hour by hour tonight we have seen a growing list of top senate democrats who backed this law backing away from the president's troubled health care roll out. we have now learned of at least five democratic senators who are calling for extensions on the enrollment period andle potentially on the mandate, on the penalty you would have to pay if you don't join obama care and the joe manchin of west virginia who is working on a bill to