headquarters. the o'reilly factor is on. tonight: >> what we said was you could >> what we said what you can keep it. if it wasn't changed. >> the president getting deeper and deeper contradicting himself over obamacare drawing attention to the whole mess. perhaps he should remember these words. >> he never recovered from that statement. we will have announcements this evening about mr. obama's current status. >> why is the national football league allowing thugs run wild.

this is a serious problem. we will have a follow up tonight. >> a woman allows her 7-year-old son go trick or treating as a clan member. >> it is supposed to be black with black-and-white with wihit. that's what it stands for. >> you are about to offer the no spin zone. the factor begins right now. >> hi, i am bill o'reilly. thank you for watching us tonight. president obama getting in deeper and deeper. that is the subject of today's talking points member. it is beyond a reasonable doubt the president misled americans about obamacare. we are tired of hearing his past statements we will be able to allow hour same insurance. he should admit it and he

doesn't. instead he went into a tore torous explanation. >> we wrote into the affordable care act. you are grandfathered in on that plan. if the insurance company changes is, then what we are saying is they have to change it to a higher standard. they have to make it better. they have to improve the quality of the plan they are selling. that's part of the promise we made, too. that's why we went out of our way to make sure that the law allowed for grouped fathering. >> talking points admits there's not a grandfather in the entire country who knows what the president is talking about. the truth is, insurance companies change their policies all of the time. if they do not comply with obamacare you can't have it, period mr. president. here's the proof. 2010 mr. obama said this. >> any insurance that you currently have would be grandfathered in so you could

keep it. so you could decide not to get in the exchange, the better plan. i could keep my acme insurance just behind the catastrophic plan. i would not be required to get the better one. >> not true. again, if your insurance company does not comply with the obamacare mandate you can't keep it. few if any insurance plans stay at that time tic-- static, theye always changing. this is another slight. preside president obama is making a huge mistake pet fying the issue. the president did not tell the truth. when americans even those who favor the democratic party believ building belt with squarely they react. recent history proves it. you may remember president bush said this at the 88 republican convention. >> i am the one who will not raise taxes.

my opponent now says he will raise them as a last resort or a third resort. when it politics talks like that you know that's one resort he will be checking into. my opponent -- the congress will push me to raise taxes and they will push and i will say no. they will push again and i will say to them, read my lips, no new taxes. >> that turned out to be false he raised taxes in 1990 to the tune of $140 billion. he explained to the nation he had to do it because of the huge budget deficit. that deficit is minuscule to what we have now. president bush lost the election to bill clinton. he was hammered losing the popular vote by almost 6

million. the read my lips remarks certainly hurt him. president obama should take note, obamacare is far different deal. americans are directly affected. directly affected. they are paying more money for something whether it be taxes or healthcare, they pay attention. now let's deal with the l word controversy. talking points does not believe president bush the elder lied when he said he would not raise taxes. he sincerely did not think that would happen so he did not actively deceive the public. however he did fold and violated his promise. paid the price for that decision. >> most americans are smart enough to decide whether president obama lied about the care. my personal belief is he didn't read the law didn't understand the law and didn't care much about the details of the law. the president is responsible for

the deception. now, part of my analysis is speculative. maybe he did read the entire 974 page law. but i don't think he did, because that's not the way he rolls. in the end it really doesn't matter. americans were misled, obamacare is chaotic and they have to pay to protect themselves and their family. they continue to defend them and some of the ragszations are actually amuzing. t -- amusing. the more the apologists rant the more their ratings go down. the malfunctioning computers are racist or something that's how insane this whole thing has become. there are a number of pieces of legislation in the senate and house that would delay obamacare. president obama should fix

what's broken and level with the folks. if obamacare really is best for most americans, most americans will come to that understanding. but right now it isn't. the whole thing has descended into a farce. that's what i think. next on "the rundown"" the reaction from an mit doctor who helped design obamacare and himself is now under fire. [ male announcer ] 'tis the season of more.

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♪ order now and get a special holiday gif-- a document shredder to keep sensitive documents out of the wrong hands. a $29 value free. ♪ ♪ because during the holidays, keeping your identity protected means keeping your family protected. >> 1 of thone of the driving fo behind obamacare and romney care is dr. michael gruber. we talked to the doctor and since then reports surface saying he has been paid 400,000 by the department of health and services for his expertise. we will get to the conversation

later but since you were last here things are gotten worse he is now below 40 percent in approval. we have the lie accusation in the air. how do you assess what's going on? >> well, bill, you raise two issues one is the full numbers. on that it is too early to say. if you look at medicare part b which is a widely accepted popular program it was less popular than obamacare before it was enacted. if we hadn't enacted it it would be less than observe care. you may be right but it is speculative. even if you are -- even if you are right doesn't it seem logical as i said in the talking points to just give it another year and iron it all out, explain it, i don't see a down side in that. i really don't. i would allow people who want to sign up to continue to sign up. but those who do not give them a

year, fix what's broken and, you know, it doesn't make me happy, unlike some other common caters. it doesn't make me happy to see the president of the united states no matter who he or she might be to be accused of being a liar a rank liar. it doesn't make me happy. i think we should get away from that and the way to do that is the president to say we will give it a year we will unscrew it up and we will go next september. doesn't that make sense to you, doc? >> two responses. the reason we can't delay it comes to the most important and popular part of the law which is ending the ability of insurers to discriminate by not allowing reeks cysting conditions. you can't have the mandates without making insurance affordable. it all works together. you can't have just the good parts of this law. >> how many years have we had insurance companies not insuring

those with preeks cysting. how many? >> it has been since the 1970s. >> no since the revolutionary war. that's how long and i think for the greater good of the nation we can go another year or nine months. am come on, doc. >> it is easy for you to say but you are not someone who is living every day with the ryes you can -- risk of being bankrupt or dying. we know in massachusetts we saved people's lives. >> i am talking about the greater good. i understand there is suffering. if there is any way that i can personallial alleviate it i will. i give beaucoup money to organizations to try to help. a law is being mandated imposed on a population clear, number one and functional, number two. and neither of those things are

happening, doctor. >> but bill tough remember this law is not affecting the vast majority of the population. that's what's getting lost is the fact that the vast majority of americans who get insurance from their employer or government are not affected by this. >> you don't know that. the law is only 6 weeks old. we don't know that yet. but the suffering being caused by the law is much more intense than the help it is going to give. you and i have a gentlemen's disagreement. that's just what we have. now, 400,000 dollars tax payer money given to you. you earned it. i am sure that you spent a lot of time on this. but now you are being criticized for it. so i was technical consultant to the department of health and human services. basically i have a computer model that helps administration and congress decide how to structure the law the computer

model involves part of my time and my employees to run. the technical consultants. >> that's not the computer that doesn't work i hope. >> no. it's fine. >> look, a professional like you, and people should understand that around the country if you have been asked to help you bill. if i am doing a service and they hire me i get paid. it seems like you are in a very untenable position of defending almost the indefensible right now in the perception of the american public and being well paid for it. i am almost saying file sorry for you doc. >> i am not being paid to defend this law. this is a contract for technical support that ended 3 years ago. i am not being paid by any one i was brought in to help analyze the law to allow the law to be made better.

if they hadn't had this kind of analysis done the law wouldn't be designed well. i think if we let it be implemented we will see and we will be back in a year we will be talking about how this law is effective. >> directly ahead one of the problems with government run entitlement programs is fraud. john stossel has new information on that. and another embarrassment for the national football league, a player emotionally assaulting another player. disturbing videotape surfaced. we will show it to you. "the factor is coming right back.

unreso >> by some estimates perhaps as much as 25 percent of tax money federal and state governments give to americans is misused. the cbs station in sacramento, california did a report on food stamp fraud. >> two people both with the same idea use craig's list for free advertising to blatantly sell their state benefits. a woman wicalled lori tells our under cover producer about the brilliant idea to work the system. >> everybody thought i was crazy. other people brilliant, man. >> this guy called joe rolled up

on a skate board showing us his cal fresh card he put up on facebook. he used that money for food he offers to sell us the card for $60 cash. he promise ts to give us his pi number so we can use his card to buy groceries at any store that accepts evt cards. joe freely admits he has done this before for family and friends saying don't worry we won't get caught. am lori says what she is doing is wrong. she would use the cash for a car to get to work. >> they are already giving me the money. >> here now with more on the problem the big picture fox news john stossel. there will be thugs and thieves eerie where. no system is going to run

perfectly. but the stats for medicare for example are just unbelievable how much money is being wasted. >> and the inspector general just came out with $29 million drug payments to people illegally in the united states. >> what does that mean? 29 million in drug payments? >> prescriptions? >> or real prescriptions for people who were supposed to be reimbursed. >> people whose income was too high to get it but they got it anyway. >> people who are illegal aliens who are not eligible. but more relevant 23 million for dead patients. >> for medicaid? >> medicare. >> 25 million per dead doctors. >> 25 million for dead doctors? >> it means the doctor has this book he said i treated someone for bill o'reilly disease and put all of this in, somebody is filling it out for the doctor who has died. >> the doctor is dead someone is

filling out forms that they have saying he is still alive treating somebody and money rolls in. how do they cash the check in the doctor's name? >> they lie about who they are. >> they have to have an id for the dead doctor. >> from the relative of the doctor. hhs admits there's 60 billion, these aren't just million there's 60 billion in fraud on medicare. >> just on medicare? is>> $60 billion a year? >> $60 billion fraud and waste. >> so if obamacare kicks into this 30 million people getting subsidized or free, you got to assume that the same kind of situation is going to be unfolding? >> it is a little harder because it's insurance payments, but yes. there will be people getting unnecessary treatments as these programs come in. first needy people rush in. then the cheaters say, hey, this

is a wonderful scam. >> they have to figure out the scam. >> it doesn't take long they see their neighbors doing it. i am a sucker if i don't sell my food stamp card. >> we are up to astronomical americans getting them. is it that easy to sell your card? >> apparently. we are monitoring the situation they said to the cbs reporter when they asked authorities about that. >> they are monitoring. you could ride up on a skate board and sell $116 worth of food stamps for 60 bucks a lot of people are going to take that. >> but you want to cut food stamps? you don't want people to go hungry do you? >> you are being facetious. >> not entirely. more people cheat all of the time. >> if you go after it you harm the legitimate people that need it. i think there has fob more over

site. once obamacare kicks in fraud will be rampant. in the national football league a player was suspended for terrorizing a teammate. this on the heels of the new england patriot player accused of murder. what's going on with the nfl. we will have a follow up report. allowing your son to trick or treat as a kkk guy. you will have to stay tuned for this. >> this is an election alert from new york. i am ainsley earhardt. no major surprises as voters go to the polls on tuesday. republican governor chris christie easily winning reelection in new jersey. the in virginia former dnc chairman mcauliffe is now

governor after beating cuccinelli. in new york democrat bill de bl deblasio cruised to a win. he is the first democrat to win since 1980. atlanta mayor reed was elected for a second term defeating three little known challengers. o'reilly factor returns after the break. i will see you at 5:00 a.m. b

>> last night we reported on another scandal in the nfl. martin was emotionally brutalized by some one of his teammates. rich key incognito has been suspended and has a long history of bad behavior. he is shown screaming the "n" word at a teammate mike helms y

helmsley. >> (bleep). (bleep). (bleep). (bleep). (bleep). >> i will tell you that if the revi review shows that this is not a safe atmosphere i will take whatever measures are necessary to ensure that it is. >> the question why didn't the head coach stop the situation last bring when it first came to his attention and why did he hire incognito in the first place? former nfl running back for the new york giants co founder of a web site and protects professional athletes. >> this is a bigger story than sports. this is a labor story.

it is a story about danger to the public aaron hernandez on trial for murder. >> you are wrapping it all in. >> there isn't thug culture. >> i wouldn't say it is a thug culture. it exists in some corners. ritchie incognito is needed on some teams. they need that attitude. there are so many levels. >> here's a guy kicked off nebraska football team, kicked off the st. louis rams. bad guy. bad guy. the dolphins have a need and they are putting their win loss situation above common decency. it looked like road rage to me. >> it was certainly alcohol fuelled and the use of the n word while never acceptable i don't want to say it is understandab

understandable. it wasn't used in hate. >> this is dangerous. this will guy is out of control. >> he is ultimately insecure. >> i am not out here to psycho analyze. i think he's dangerous. i think he hurt his teammates. >> i think emotionally he hurt his teammates. >> i think he could physically do it. >> physically that's what he is on the team to do. >> if you were a coach would you hire this guy. >> right now knowing what i know absolutely not. >> you wouldn't. he is going to be black bawled from the national football league. >> i hope so. he is a bad guy. would you hire him? >> not knowing what i know about aaron hernandez no. >> he's a gang member. >> how many gang members are there? >> i guaranteed you i played with a couple. they found a way out of that culture by being in the national football league. it was their vehicle to get out of wherever they were. >> how rough is it in the locker

room as far as hazing and all of this stuff? how rough is it? >> it's not bad. it all depends on where you are. >> does it depend on the head coach, though? >> with the new york giants karls ray. >> he's a former coach. >> former player, he reports up if something should go awry. if there's an issue in the locker room. every team should have at least that. >> he was an ombudsman between the coaches and the player. >> he is not going to put up with that garbage. >> still they knew about this. >> how can we look at the team and almost all of the players are in support of ritchie incognito. there's a culture that exists in football. >> it doesn't matter: if there's an issue in the locker room.

it doesn't matter if they like him or not. there's a right and a ng wro. the nfl is part of america. it's a business. >> but it is also barbarianism. we celebrate col lyinorado ligs. >> on the field but not off the field. >> most guys can switch that enagain off when it stops. >> incognito you think he's gone forever. >> i don't know if he is gone forever. >> philbin should he be retained or fired? >> i don't know. >> i would fire him if i was the owner. ross is the owner good guy. i know him. >> i don't know if they knew. >> philbin knew because martin told him. >> now they are saying he didn't actually tell him. >> if philbin didn't know that's a different thing. i think he knew. you have 20 assistant coaches. >> we need to hear from jonathan martin. we won't. >> he showed will show up on 60 minutes. >> i am sure he will. >> you have 20 assistant coaches

if you don't know what's going on in the locker room the head coach has to go. >> he was on the leadership council. >> one footnote we were supposed to done an internet addiction story because of technical issues we have to postpone. is it legal on the supreme court hearing an adultery case? an adult tee case? a mother letting her little son dress up as a clan member.

>> thank you for staying with us. a case heard by the supreme court. 32-year-old carol ann bond was convicted of assaulting melinda haines resulting in a disfigurement wound. it was because of adultery. she was sentenced to 6 years in prison. it should have been a state fee. here to explain further is fox analyst. >> six years is a lot. behind it was chemicals. >> arsenic, yes. the victim here was sleeping

with the defendant's husband impregnated by the defendant's husband. obviously that made the defendant very angry. defendant had access to arsenic which she gave to the defendant or the victim in various different ways to the point of a sunburn. >> she was attacking the victim but not overtly she was putting it on services. >> it would have been a top two-year beef under state law. the reason it was federal, guilfoyle, is because chemicals are involved like chemical weapon weaponry. >> just so you know the micro biologist had domestic dispute involving marital infidelity is akin to a terrorist someone who has chemicals and weapons of mass destruction and should be treated as such. >> that's why the feds took it. it was considered a terrorist act using chemicals. >> so the supreme court has to decide whether that is valid or

not, correct? >> the issue is whether or not it is an over reach by the federal government into an area that should be locally or state prosecuted. >> it is fascinating. we will let you know supreme court comes up with. >> in texas they have restricted abortion sites and now planned parenthood says it is not in the apportion bifrs ry time you call them is filing a federal suit against the restrictions. pick it up from there. >> this is why it is very interesting. plann planned parenthood, the restrictions regarding abortion in the country. >> for example this one says unless you have admitting privileges within 30 miles you cannot perform an abortion. >> unless the hospital has hospital status. you can't roll into town. >> they will go to a local planned parenthood. the reason i believe they are bringing this case is because it has a third of their clinics

shut dourn. >> it's a business decision for plann planned parenthood. they don't like their business being cut down. >> they are saying a violation of right of privacy. >> voe vers roe versus wade. >> you can't curtail. you can't make them illegal and you also can't make them so difficult to get. texas is a big state. maybe doctors can't get -- >> in philadelphia it was killing people. aren't you -- the state has standards to protect people. >> a lot of these hospitals aren't admitting physicians who want to come in. >> it is always something. this will probably go to the supreme court, too. >> yes. >> this is a terrible story i am sorry i have to bring it to you. but there's some -- there are crazy parents all over the place. kid was allowed to trick or treat, 7-year-old boy as a clan member. his mother actually justified

it. roll the tape. >> when i asked where he had learned of the costume he said he saw it in the movie "fried green tomatoes." his mom says there's nothing wrong with the costume or the ku klux klan which she says still exists. >> it is supposed to be white with white, black with black, man with woman. they raise every year to donate to saint judes. >> this is in virginia. this might be a child abuse beef here, no? >> i agree with you she is an idiot but as far as the law goes, i don't think it is child abuse under virginia law. >> so parents can dress their kids up as nazis, little kkk, anything? it's freedom of expression. >> in the state of virginia yes. >> you can impose the costume on a 7-year-old. >> the 7-year-old says he comes

up with it. >> this is a parenting issue. her conduct her character is abhorrent. this is her right to do it. doesn't cause physical mental injury to a child. you have to feel sorry for the kid. >> i do. >> so do i. will ladies thank you. on deck a few weeks ago allen combs told us there was little evidence of voter fraud in the usa now a new report fm has more.

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>> >> voter fraud as you may know states are passing laws requiring voters to show id. i had to sign my name in front of the poll workers who verified the signature. because they don't have a photo id requirement. at least they did something. some americans say voter id laws are suppressing the votes of minorities and the laws aren't needed. >> there is not a serious voter fraud problem in this country. >> they claim there is widespread abuse and voter

fraud. nothing substantiates it. >> why are you addressing voter fraud abuse. there's not voter fraud. >> there are 6100 deceased people still registered to vote in nassau county. 270 of the deceased actually cast ballots after they die. here to react michael crowley and allen combs. this is a microcosm. >> who was that last guy? >> that was you. the usual blather. now we ask back. >> what say you? is what i say is theis is clerical fraud. these were clerks who would miss identified people and use the names of people similar. >> 270 deceased people passed ballots. you say it was a clerical error. why don't we make it easier for

the people doing the clerical work by having an id. >> voter id. people doing the clerical work that has names and addresses. that's what a photo id is name the picture and address. >> i voted in new york city. i wanted to take out my new york state driver's license. the they said oh, no, not necessary. >> you can't. >> let me give you some facts. integrity organizations last year you had 46 states prosecuting or convicting voter fraud cases. also nationwide you have 1.8 million dead people on the roles eligible to vote. that is just a slice. 24 million voter registrations in america are invalid yet they are still on the roles. >> that is not voter fraud. >> all i want is logic. >> it is clerical errors. it makes it easier for the

system to operate. if the person voting as monica did takes out some kind of id. >> i am saying it is a better way to do it. >> what's the better way? >> you can bring a bill. a con ed bill. it has to match the address they have on file. the reason they do this and the head of the republican party in pennsylvania -- >> nobody is going to look at the address they are going to look at the picture. >> not for the purpose of keeping democrats out of the polls. they admitted that's what they were doing. republicans and democrats alike. >> it is to keep young and elderly out of the polls. >> did you ever hear the phrase, the soft bigotry? >> yes, i have. >> are you telling me minority americans cannot come up with a

photo id? >> they are often the poorest and they can't get there to vote. >> every state they have made it very easy for anybody to get a free photo id. voter fraud in this country is real and it's relatively widespread as we laid out here today. voting in this country is the most critical thing. it is a very basic thing. you have to insure it. >> i don't know about this voter suppression thing. i am trying to look at it from the point of view the only thing i can figure out is the illegal alien. that is in play more than admitted. >> by the way for allen to talk about suppressing the democrat vote nobody rips off an election like the democrats. >> republicans have done it, too.

>> you are jealous wbecause we win. >> how many years ago? >> nicks son verses -- nixon verses kennedy. >> you have a mouse in your pocket? >> you will be speaking french. fox news dominating in the publishing world and it is not just me. will the tips moments away.

>> factor tip of the day. fox news guys dominating publishing industry. bill, i don't much want you anymore because you talk over people. but while you have juan williams on, you >> the volume on your set must be faulty. when i debate vigorously is no shouting. ing, wise up.

and california, mary catherine is right, saying that presi >> i see it differently matthew. although i could be wrong. intention to mislead is part of the problem. like i said we have deception, no doubt but more evidence is needed on intense to brand it a lie. if you see the president as lying to you i wouldn't take it to task. your finance is vopinion is val. >> michael of minneapolis minnesota.

mike nice of you to pass it along. second bush's second term the income because flat in the country. my analysis is absolutely correct. jay robinson florida. i agree with you he lost because he didn't mention benghazi in the third debate and didn't campaign well. the governor had a face-to-face in front of millions. he could have hammered it with details on the assassination. governor romney choose not to do that. it was a huger or in judgment. you need to take a long walk on the beach kathleen. clear water is nice.

>> pure nonsense. a reminder if you become a bill o'reilly.com preem numb member you get killing kennedy or jesus or lincoln free. if you want to sign up for christmas order on the web site. don't forget about the special town hall meeting on thursday 7 eastern time. i am bile owe.c do-- bill o'rei. finally tip of the day. last night i was looking at the book section of amazon.com and noticed something startling. fox news guys have three none fiction books in the top ten. killing jesus, charles krauthammer's things that matter and brian kilmeade historical

thriller just out today george washington's secret six. dominate be ping publishing as s tv news. might want to check them out. factor tip of the day. it's at all about me. that is it for us. please check out the to ks news web site which is different than bill o'reilly.com. also we would like you to spout off about the factor anywhere in the world. do not be nefarious when writing to the factor. ms. megan up next. i am bill o'reilly the spin stops here. we are definitely looking out for you. >> it is november 6th. shocking new video surfacing of ritchie incognito on a racist rant. this as the suspended dolphin breaks his silence for the first

time. >> a public library allowing people to surf the web for porn. what one mother is doing to stop this. >> an animal rights activist up in arms over the internet craze. the unbelievable reason they say these pictures are hurting your dog. fox and friends first start right now. >> good morning to you. up and adam. there are guys out there working hard in the streets of new york. hope you are having a great day so far. hope you are watching fox and frien -- thank you for watching "fox & friends first". >> after a tense election day across the country some of the results raising a few eyebrows

this morning. terri mccullough will be virginia's next governor narrowly defeating ken cuccinelli and pledging bipartisanship. >> i promise you tonight i will be a governor for all virginians the real test is my actions when i take office. i expect you to hold me to my pledge to work with both sides>> new jersey governor chris christie handling the second term in office over democrat barbara bono taking in 60 percent of the vote. she may already be looking ahead to washington. >> the biggest thing i have heard over the last four years about leadership is it is much less about talking than listening. >> i know if we can do this in trenton new jersey maybe the folks in washington, d.c. should tune in their tv's right now to see how it is