a long time in politics. republicans have to give us an alternative. they've never done it. >> i agree. thank you. that is all the time we have left. don't forget start each weekday morning with fox and friends. >> the o'reilly factor is on. tonight: >> this is entirely lawless. >> i wonder if he he has the legal authority to do that. >> there is no constitutional authority for the president to have done this. >> conservatives and liberals both saying that president obama might be violating the law. we'll have a factor investigation. >> i have got to give your governor a little bit of credit. john kasich. president obama saying nice things. that occurs some case maybe

even many cases because is he african-american. >> and is oprah winfrey saying president obama's critics are racist? we'll discuss it. caution, you are about to enter the no spin zone. and the factor begins right now. i'm laura ingraham in for bill o'reilly. it's complicated. that's the subject of this evening's talking points memo. as congress debated today whether to proceed legislatively to help the millions of americans who have had their insurance policies cancelled, i was thinking about one of the points the president kept making repeatedly at his obamacare press conference. >> we always knew that that was going to be complicated and everybody was going to be paying a lot of attention to it the truth is that this is, number one, very

complicated. what we are also discovering is that insurance is complicated to buy. buying health insurance is never going to be like buying a song on itunes. you know, it's just a much more complicated transaction. >> yes, it is complicated, sir. but you are just realizing that now? i was thinking imagine if the president was as committed to governing, to administering these programs as he has been to campaigning, he might have known two years ago maybe even that they didn't have the right team, or maybe even the right technology in place to carry off this grandiose mission of healthcare reform. the president had also -- has apparently learned another many important fact during the past four and a half years, get this: government bureaucracies don't work well. >> how we purchase technology in the federal government is cumbersome, complicated, and outdated. if you are doing it at the

federal government level, you know, you are going through 40 pages of specs and this and that and the other and all kinds of laws involved and it makes it it more difficult, it's part of the reason why chronically federal it programs are overbudget, behind schedule. >> sounds like a conservative there. wow. what a revelation. government bureaucracies aren't as efficient as the free market. does that sound familiar? that was one of the main reasons republicans were united against obamacare. most of them at least understood what would have happened once the washington bureaucracy started trying to implement the thousand page law that there would be terrible, unintended consequences for the american people. consequences like policy cancellations, premium hikes, doctor shortages, that's just to name a few. of course when conservatives made these arguments during the past five years they were called obstructionists and things like tea party

fanatics and called that by the president's democrat nationals on capitol hill enablers. massive undertaking this piece of legislation. a serious president would have done the due diligence, ask the right questions, to make sure his plan's web site was actually going to work on launch day. a serious president would not see this current mess as a political problem to be managed. he would see it as a national crisis. and that's the memo. now on to the top story tonight. the house dealt a blow to obamacare today voting to reinstate cancelled insurance policies and then sell those plans to anyone who wants them through the next year. the debate? on the issue today got ugly. >> i haven't seen so much panic on this floor since 9/11. >> i can't believe what i'm hearing. i thought the republicans believed in the free enterprise system. this is socialism.

this is government saying to insurance companies you must sell a policy to somebody next year that you sold to them this year. >> joining me for reaction is democratic strategist ellen qualls. okay, that was some fun on capitol hill today. mcdermott is always colorful. take on my talking points memo. where did i go wrong? maybe you agreed with him on something? >> well, you know, americans don't want excuses, they want affordable healthcare. and, democrats in the house don't want excuses, they want some political cover at this point. they voted for this, they have campaigned on it, and they have won re-election on it at this point. that's a for temperatured scream vote that happened in the house today. >> some democrats, we don't know the exact total. look, it passed in the house. and the pat came out with an administrative fix yesterday. we're going to get into that later on in the show with some guests. in the end the president seems to have treated this

as a political problem. right? he wanted to take the heat off the democrats in that press conference. so he said, look, i fumbled the ball. i did this. you know, that's commentable to some extent. but, the point he kept making that it's complicated, ellen, my goodness, that was what republicans were saying. they were -- i know you used to advise nancy pelosi. and she -- remember she called the tea party a bunch of astro turf protesters other congressman and senators said worse. they were unamerican. they weren't unamerican. they actually had good faith problems, qualms with this legislation. but they were demeaned and they were dismissed and they were really reviled by democrats. do you think any of them have any regrets about what they said? >> well, in leader pelosi's defense, there was an astro turf campaign around on top of real people who had real concerns. >> who was the astro turf campaign? i was at these tea party rallies. >> whole tom delay machine. >> in the end these -- they were there because they had

real concerns, whether it was -- whether it was a freedom works or heritage foundation, they represent real people too like planned parenthood represents real people. >> right. >> when pelosi goes out and says all those things, you can't have a real conversation about how to put together legislation, right? you can't? instead rammed through with no republican support and to this day, the american people want it repealed. >> they want it repealed. they don't want affordable healthcare number one. they want it repealed and then they would also like affordable healthcare. >> the upton bill today that got volted on in the house does not come with a good faith effort behind it. and so, you saw some democrats jump and vote for it because they are scared. but, it -- well, you will ultimately what it would allow is preexisting conditions to be discriminated against, still. so, whereas obamacare never crested 50% in approval. do you see elements like banning preexisting conditions and limits on out-of-pocket expenses for people being extraordinarily

popular. >> but, the piecemeal nature of this now, you you get the sense that this is going tohappl business policy cancellation starts next year which is what a lot of people are predicting by the tens of millions. the initial assessment of this was we need 30 million people covered. that's why we need obamacare. 30 million. chris wallace made a great point about this on fox. he said 30 million those were important. the a million people who they knew or more who were going to get cancelled as individual policy holders, that was like a rounding error. when they looked at this and they knew these people were going to get cancelled. that's a big chunk of 30 million. >> let's look at what happens to these people. once the web site is fixed, they can get into these marketplaces. take a look for the first time ever and comparison shopping way and they will find, they will get probably better plans for less money because they will get the subsidy now. >> not all of them get the subsidy but do you agree with chuck todd he said today this is a low point for the obama presidency?

>> yeah. >> you agree with him a year from now. this will be beloved? this legislation will be looked at as a big plus for america? >> everybody will look at their own health insurance and make their own determination. i think once it really kicks in and gets working, remember, on january 1st you and i both get protection against discrimination based on preexisting conditions. >> so a year from now. >> no, this january 1st. >> a year from now the numbers will be different for obamacare? >> i hope so. i hope the web site works. >> we appreciate it ellen qualls, thanks some. next on the run down, does president obama's proposed healthcare fix violate the constitution? plus talk show queen oprah winfrey making waives says americans disrespect the be a victim of fraud. fraud could mean lower credit scores and higher interest rates when you apply for a credit card. it's a problem waiting to happen. check your credit score, check your credit report at experian.com.

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many of them. health insurance experts say the so-called fix might actually make matters even worse. if that's possible. legal questions are also being raised. >> this is entirely lawless. entirely un -- and the fact that nobody is talking about this, the executive executes the laws. as you say, this is another example of obama rewriting a law unilaterally and nobody is complaining. the constitutional issue was out there. >> i wonder if he has the legal authority to do this since it was congressional bill that sets this up. >> with us is jonna goldberg financial contributor and bernard wittman a democratic strategist. joanna, the issue of legality is interesting given some of the other things president obama has done, right? he did the end run around congress on 00 dreamers. giving the dreamers discretion to stay here despite the fact that they were ill ely in the country. did the end run around procedure with the recess appointments.

ends up going all the way to the supreme court and nlrb and all the things. do you think this is actually possibly an illegal move by the president to offer this fix? >> i think it is transparently illegal. i think it's transparently unconstitutional. the caveat is that the supreme court or no other court is going to intervene to stop him from doing. this in some ways it's very nixonian. nixon said it's legal if the president does it. so the question is whether or not there are going to be lawsuits coming from the insurance companies or from someone withstanding to say the president didn't have the authority to do this and that would get the courts involved. i think under the pure civics textbook case the president doesn't have the right to rewrite the laws. >> bernard? >> i would be delighted if speaker boehner and the house republicans sued to prevent the president from keeping his promise to allow those people who liked their plans to keep them. that would really make this like an aquite an extraordinary event. the supreme court has been very clear over 25 years ago in heckler vs. cheney ruled agencies have broad discretion to use a variety of tools to ensure that the

statutory goals of a particular law are fulfilled. particularly during transition times and particularly in times of change. so i think that the president is well within his rights. i suspect that he consult with the attorney general. i suspect he consulted with the white house counsel and politically it's the right thing to do and a more importantly the right thing to do for the american people. >> first of all, this is a piece of legislation we're talking about. the affordable care act. and then the legislation was accompanied by rule makings and kathleen sebelius wrote that rule that then counter the president's promise, right? so there is a process for doing this. unfortunately his own h.h.s. secretary was the one who wrote the rule who made his promise impossible to keep. so, it's part administrative and joanna, i think the question is whether a case will actually be brought. separate from the legality though, is these insurance industry analysts, people that like the kellogg school of management, they are saying, this could potentially just upend the

entire insurance industry because they have already factored in the expanded risk pool. and that's why they cancelled these policies because they were going to have these all these people with preexisting conditions now and they had to rejigger the way that they were going to take in known money and their risk assessments. this totally upends that meaning the federal government could spend more. premiums next year could be more and all sorts of other unintended consequences. >> like so many things this was a short-term political fix for president obama to avert basically an open rebellion from democrats on the hill. it kicked the can, you know, got them out of this very brief political tight spot, but it makes the policies worse. you know, these are -- his own defenders have been saying for a linger time it's the law of the land and you are anarchist hostage taking racist if you dare touch it. is he basically, you know, throwing a grenade into his own law which is only going to adverse selection and all of that while the insurance companies have every reason to be angry at obama, i have no sympathy for the insurance companies. i think it was ronald reagan

who said if you are going to get in government you will get more than a good night's sleep. >> they enabled him along with the american hospital association. >> and it turns out that, you know, like darth vader i'm changing it deal pray i don't change it any further. >> is there any point where the folks like you real obama supporters and liberal guys and gals, is there any point at which you just are -- get angry at the president? is this how this has gone? this is absolute lay serious question. i got angry at president bush for a number of things. i think a lot of conservatives did. i see very few liberals really infuriated about the absolute incompetence with which this thing was rolled out. and that this fix means nothing i was extraordinarily upset with the president signature domestic initiative could not have been rolled out in a more disastrous way. the fact of the matter is, this law overall provides tremendous benefits and one of the benefits is to bend

the cost curve. we have seen the slowest growth in cost in 50 years. without the affordable care act costs costs have would have gone from 19% of income to in five years from now 31%. 10 years from now half. the law is -- >> -- everyone i know has their premiums going up and had fewer choices. >> they would go up way more. >> yeah, but what else is happening, bernard? whoa whoa whoa whoa whoa. what else is happening? fewer doctors are taking insurance. fewer choices in healthcare. premiums rising and policies getting cancelled. next year the small business policy cancellations come in. that's what's happening. >> the idea that this is going to throw the insurance marketplace into a mess is absurd. why? because as a small business owner can i tell you every year for the past three years i have had my policies change, my premiums go up and benefits slashed. obamacare is exactly designed to prevent that from happening. the cost curve has already been bent. and, in fact. >> been bent? logic is bent. >> people getting

preventative care. the benefits are great. >> bernard and joanna, the numbers should be flip flopped. it should be 60% of americans love obamacare and 40% want it repealed. >> and nothing but great stories in the media about how everyone is happy with what is going on. >> wait until next year. >> wait until next year. help son othe way. directly ahead, can mr. obama restore credibility to his presidency and his party? liberal democrat dennis kucinich has some thoughts. and later richie nawght the miami dolphins player accused of being a bully takes legal action against his team. does he have a legitimate [ male announcer ] how can power consumption in china, impact wool exports from new zealand, textile production in spain, and the use of medical technology in the u.s.? at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 70% of our mutual funds beat their0-year lipper average t. rowe price. invest with confidence.

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in the unresolved problem segment tonight, even the president is admitting he has a credibility problem with the american public. >> i'm just going to keep on working as hard as i can

around the priorities that the american people care about. and i think it's legitimate for them to expect me to have to win back some credibility on this healthcare law in particular, and on a whole range of these issues in general. >> so can mr. obama save his reputation and restore credibility to his presidency and his party? joining me now fox news contributor and former democrat congressman dennis kucinich. congressman, great to see you. so, can he do it? can he turn it around? he looked like quite a different man on that stage than did he in denver when he was nominated yes we can and the sky is the limit we can do it together. bring the country together. country is probably more polarized than i have seen it in quite some time and his signature legislation being hit from all sides. >> i think we should all want the president to succeed. he has three years left on

his term. the question is whether the political system democrats and republicans can find a way to work together to the benefit of the american people. when you look at the healthcare situation in this country, regardless of whether someone is for obamacare or not, you have tens of millions of people without health insurance. you have people who can't afford health insurance. people with preexisting conditions and wondering what their future. >> that is all given and absolutely right. that is something a lot of americans want fixed. doesn't change the fact that the way this was done was on a purely partisan basis, right? a lot of the republicans had legitimate concerns. they weren't all just ideological. they weren't all just people who hated poor people or didn't like the president, that's a lot of the -- that's a way of the lot of the democrats portrayed the concerns of republicans. many of those same concerns are merging now as realities. and i don't want to say we were right and you guys were wrong. those concerns were summarily dismissed and that thing was rammed through without a single republican vote i don't see many people on capitol hill that have

many regrets about that. >> i think when you go back and deacon structure this affordable care act, you have to remember one thing that there was one democrat who was saying that we shouldn't be talking about for profit. >> you want to go for the whole match. >> american people do not know this even now that the federal government is going to give over $1 trillion in subsidies to the insurance companies over a 10 year period. this is like a bank bailout except to the insurance companies. so, the bottom line is are people going to have healthcare coverage? or people going to have individual cancellations, many of them are going to go through on the comments in the insurance folks and also business school and analyst also be studying this. a lot of the insurance companies had no choice they had to expand risk pool. that's why they had had cancel those policies. they needed young people on those quote junk policies to come into the exchanges. now the kids aren't going to

be able -- going to be the exchanges, they are going to have their old policies back. meaning the whole thing is going to get distorted, premiums are going to skyrocket in 2015 and this thing keeps going down the hill. that's the concern. so a lot of these insurance companies are going to keep these -- are going tothe san see next year the small business cancellations come. so there are going to be a lot of people who lose their coverage beyond just the individual market. >> i think you will find that the insurance companies, being as how they are in business to make money will go back to the marketplace and open up their arms to those tens of millions of americans who currently have substandard coverage anyway. >> but their choice, right? it's a 25-year-old's choice what kind of policy you want. >> actually, a lot of americans don't choose to not have health insurance, number one, number two, even americans. >> well the ones who this their policies chose. >> the ones insured, 60% of the bankruptcies this

company had people had health insurance couldn't pay their medical bills. >> all of that for the sake of this argument i will grant you. >> thank you, i will take it. >> the president's credibility is in the toilet. it's at all-time low. liberals are saying that, not me. it's all-time low. liberals credit siding the way this thing is being handled. the fix could ultimately and ironically kill the whole deal. the fix could end up upending the entire insurance market. again, i'm not an industry analyst but that's what industry analyst, smart people are saying. >> well, the health insurance industry is a for profit industry. forbes.com had an article last month that showed that even before this revelation of inability to deliver in the, on the web site, the cancellations even before that, you had the leading health insurance companies were making record profits. >> what does that have to do with obama's credibility? >> whoa, you are talking about the insurance company. >> i'm talking about obama's

credibility. he knew what the companies were. they reacted to his law and sebelius' rules. >> nobody can defend the president's statements during the campaign that -- where he said people could keep their insurance and the people in the administration knew that wasn't true. okay. that's number one. number two, we have to get back to basics, which is affordable, accessible healthcare and not throw the baby out with the bath here. >> this is as policy premiums going up though. >> not for profit healthcare system. >> he is still in congress, everybody. thank you so much, dennis. good to see you. president obama gives a shoutout to republican governor john kasich for expanding medicaid in ohio. is that a good thing? the governor will be here to respond. then open pray winfrey says many white americans disrespect the president because of his skin color. we will take a look at that we hope you stay tuned to all of those reports. if you think a prune is a prune, you haven't tried sunsweet, the amazing prune.

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one step means as many as 275,000 ohioans are gonna have health insurance. i think it's fair to say that, you know, governor didn't do it because he just loves me so much. [ laughter ] >> joining us now from columbus, ohio, the aforementioned bff of barack obama, the governor of the buckeye state john kasich. governor, so, you guys are tight now. i mean, you guys are practically spooning you and president obama. i mean, gosh. that's amazing. are you bff for real? i had a chance to bring home a number of governors including january brewer a chance to bring ohio money back to ohio to do some things that frankly needed to be ton. and that's to treat the mentally ill, to get them across the bridge so they can get employment the same for the drug addicted and you know drug addiction is

in every demographic. every income, every community to it treat those people rehab them and get them to work. also make sure the working poor make sense and getting all their healthcare in emergency rooms that being said, i have never been a supporter of obamacare. the reason and we refuse to run a state exchange because we didn't have the authority to make decisions. on our medicaid program it grows by less than 3%. filled with innovation that's because we run it. >> but the president cited medicaid expansion, governor kasich as his big success stories in obamacare. he says it doesn't get reported as such, this is a huge success story across the states accepting expansion money and he said we deserve credit for that and gave you credit for that. isn't that a little bit tricky though as a conservative because you are so great on budget tear

matters. federal government spending money that we know the federal government doesn't have to expand a program like this. >> yeah, well, you know very well, lauer, that if i don't bring ohio money back they are not going to put it in a piggy bank. i think it's critical that they are able to help people to help themselves to get them to work. we promised the mentally ill when we took them out of the big institutions they would get help? where are they now? ten thousand in our prisons, many in the jails and many on the streets. conservatism means that you help people so they can help themselves and that they can enter into the economic strength of oour country. have to separate that program take over whole healthcare systems in the back rooms of capitol hill i don't support that bring our money back to fix our problems as opposed to the a government takeover of the

healthcare system. i think it's not fair to draw a distinction between the two. >> by 20203. $710 billion for the nationwide expansion. that is a lot of money though governor. again, i site all your past work on first call matters and such a fiscal conservative. i understand what you are saying and everyone wants compassion for the poor. i get that but, we also have a real budget problem. >> yeah. it's not even, first of all, when i was chairman of the budget committee, when i left washington, we had surpluses and a balanced budget. >> you bet. >> i know about how to run a budget, laura. i was the one that spent 10 years of my life to get us there. but, again, this is about our money. washington doesn't have any money. i want our money back and let me also tell you, if you do not give these people help, they are in our prisons. you know what cost to have an inmate in the prison and particularly think about having an inmate in a prison

who has got schizophrenia. >> wait a second, i'm confused everyone in medicaid. >> no, no, no. i'm saying that we have 10,000 people who are mentally ill, who currently. >> i getcha. >> who are in our prison. so it is not like it's cost-free to turn this down. in addition to that we don't want people showing up in our emergency rooms which means that all ohioans have to pay for those people who don't have coverage. so all in all. >> i'm sorry, i get what you are saying the cost benefit. 25 governors agree with you. 25 don't. >> laura, i understand that but, let me just explain again i'm a ceo of this state. i have a chance to bring $14 billion out of washington to me, to the people here in my state who need this help. >> governor, and by the way everyone doesn't realize this governor kasich and i are friends. we actually are old time buddies. on the issue of how you went

about it, and i guess states can make their own priorities. i totally understand that the legislature the republicans are squarely against them and they are suing. >> that's not true. >> are they not bringing a lawsuit to stop the medicaid expansion? >> no. that's people -- that's people on the outside. the speaker of the house said the other day the reason why we had -- this is not some arcane bore. this thing has been around forever. let me explain to you the speaker of the house said the other day that the majority of people in the republican party and in his house were in favor of this. now, if the leaders did not support, this they wouldn't have allowed this to happen. you know what one of the leaders told me? because you did it we didn't have to do it, thank you. you made it easier for us politically. >> they didn't want to take the boat. i get it. >> look, let me tell you what i think conservatism is. it's growing an economy like we have in ohio. our economy is doing so much better. we're running surpluses. our credit has improved. while you improve that side of things, it's important

for people who -- to ignore them is not conservatism. to ignore them means that you are looking the other way and creating other problems. remember something, we run this program. we run this program, laura and i think we have the lowest -- i want to tell you another thing. we have the lowest growth of medicaid that i'm aware of in the country because modern need the program and we know what we are doing and we will continue. >> look, and your news, i have got to tell everybody, your numbers have gone way up in ohio because of that economic growth. and that is fantastic. one quick question are you for fast track trade authority from obama? should he get it from this congress? >> i i have not sat down to look in all of that. i believe in free and fair

trade have. to see what the whole program is about. i'm now governor of ohio. i'm not in congress. i wake up every day and thank the lord i'm not there >> governor, thanks so much. we really appreciate it and when we come back does oprah winfrey think america is racist? we will show you her provocative comments and then you can decide. the factor is coming right back. fighting constipation by eating healthier, drinking plenty of water, but still not getting relief? try dulcolax laxative tablets. dulcolax is comfort-coated for gentle, over-night relief. dulcolax. predictable over-night relief you can count on. excuse me? glacier point? follow me!

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>> thanks for staying with us, i'm laura ingraham in for bill o'reilly. in the factor follow up segment tonight, president obama and race. oprah winfrey is in england promoting her film the butler. listen to exchange about american politics. >> has it ever crossed your mind some of the treatment obama and the challenges he has faced and some of the reporting he has received is because he is an afri wasn't an african-american, if he was a white guy this wouldn't happen? he wouldn't be treated the same way. he wouldn't have to deal with quite the confrontation? >> has it ever crossed my mind? it's crossed my mind probably as many times as it has crossed your mind. probably it's crossed my mind more times than it's crossed your mind. just the level of disrespect when the senator yelled out oyou are a liar. you remember that? yeah, i think there is a level of disrespect for the office that occurs.

and that occurs in some cases and maybe even many cases because he is african-american. >> joining us now from new york fox news contributor deroy murdock. deroy, wow, the president, first of all, he is half white, okay, is he half white, is he half black. it was historic win for him two times elected president. >> that's right. >> and across demographic groups he had a lot of support. beloved international celebrity. obviously he is having some tough times now because of this obamacare. but that's kind of wild what oprah said. >> it is wild. as you mentioned he was elected and reelected and when he came into office in january of 2009, he had about a 70% approval rating. and those of us who did not vote for obama but i think the entire country wished him well. we knew this was historic thing half black or mixed president if you want to look at it that way. since that time we have gotten to know the president

better, disengaged and doesn't seem involved in a lot of the policies he has pro-momented or doesn't seem to be around or know anything about benghazi or fast or fewer use the isa scandal. the department of justice spying on american journalist. the obamacare thing two days before healthcare.gov launched he was out playing 147th round of golf. if he had been at the white house show me the web site i want to know if it works. >> bingo. >> it doesn't work we need to delay this thick. this disengaged president i think is leading to a lot of criticism and you go back and look at people and this idea that well oprah says if obama were white he wouldn't. >> she said it in england. when someone is out of our country and talking to a foreign journalist and they are kind of casting aspersions on the american people and oprah has made billions of dollars off of the good graces and the interests of the american television viewers i might add, i found that

particularly infuriating. >> look, if she had a factual basis for a point she could have made it you go back to g.w. bush, remember, bush died, people lied. people called him chimpy mchitler, pictures of protests with the square mustaches. go back to l.b.j. who has a white man. how many boys did you kill today during the vietnam war? so presidents suffer disrespect at the hands of their critics regardless of their colors. the idea that obama is suffering disrespect just because is he black kind of overlooks about 225 years of american history and how people respond to presidents whom they disagree. >> i don't know. are we not supposed to criticize president obama because is he a mixed race president? i don't understand where she is coming from. i mean, joe wilson that's the only thing she could cite jill wilson you lied. unless you want affirmative action for the presidency which i don't believe she wants, i don't get it i don't see the evidence for what she is talking about. >> "the washington post" abc

poll back on september 20th or so. it found that black americans, only 48% of them support obama ha care, a 2 of them are opposed. 52% of black americans in opposition of obamacare because of antiblack racism in is preposterous absorbed concept and too bad oprah oprah winfrey is pedaling this stuff oversees. >> not personal. objective truth. >> it's not about his color. it's about his confidence. >> it's about the policies. >> exactly. >> deroy, thanks so much. quick reminder, christmas about six weeks away. can you believe it? now is a great time to get great gifts on bill o'reilly.com. the theme this year is u.s.a. strong. can you see there is lots of great gear there of course, if you want signed copies of killing jesus, kennedy or lincoln, please get those orders in now. they make great gifts. as always, all of bill's proceeds go to charity. on deck, accused nfl bully richie incognito says he is the victim and is he filing

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accused miami dolphins bully richie incognito is turning the tables on the team that suspended him. incognito filed a grievance against the dolphins. meantime jonathan martin finally met with ted wells today. he's the nfl's independent investigator assigned to find out what went on between martin and incognito. joining us from greenville, south carolina, radio talk show host and fox news contributor, my old friend mike gallagher. >> hey, laura. great to see you. >> and you. every time i hear "bully" and

incognito, harasser. grown men bullying each other? the whole thing is crazy. he's filing a grievance because he's suspended. but he can only be suspended for four weeks and, like, one game check or something. >> well, first you're absolutely right. not only grown men bullying each other supposedly, but monsters. these 300-pound guys almost take each other's heads off every sunday afternoon in the nfl. this thing was a joke from day one. if anybody has a grievance it's richie incognito. this is a guy who was smeared by a whiny media that was desperate for another bullying story. then you mix in the fact that it's a white guy potentially bullying a black guy or, i guess more accurately a mixed race guy and, wow, you have a huge scandal on your hands. you get to smear the guy and call him names. this guy deserves to get his reputation back. there was a rush to judgment.

as he pointed out last week to the fox sports reporter, he wrote text messages to the guy. they were insulting each other. it's a locker room mentality. what's next -- towel snapping is sexual harassment in the locker room? give me a break. >> i confess the tre vails and tiles of the nfl players don't fascinate me. but i do think that in this situation with guys and sports teams, they are in close quarters. it gets jockey and they're teasing each other a lot. i don't know if it went beyond that, if it was harassment. i don't know. i do know that he shouldn't pass judgment on either of the individuals until people know more. it seems like this was going on for some time and both had a role in it, from what i understand. >> clearly, nobody is justifying

bullying. nobody likes bullies. i'm not condoning it. >> i hate bullies. >> we all do. but there is this rush that everything has a syndrome. oh, it's bullying. now we have to stamp out bullying. it's completely overboard. this guy has a legitimate gripe according to all reports. he was a bad pathway of football a while ago. he turned himself around. he was a team leader. everybody on the team, the players, white and black, have come to his defense. i think this probably reflects a gutless management of a football team that was petrified the media would jump on the bandwagon, and they did. >> there was a piece about how sportscasters are becoming more politically correct, even liberal and the sports media is becoming -- i read sissified or politically correct or something. it's a rough and tumble deal. >> it's a man's man's sport.

you're right about the policization. bob costas in the halftime of a football game doing commentary against the second amendment. ranting about needing gun control. it's like, hey, stick to sports. these guys are grown men playing a child's game to entertain us. that's all it is. >> i was at the alabama lsu game last saturday night. i'm a college football girl. roll tide. >> i know. >> thanks, mike. >> great seeing you. >> jay leno takes on president obama's proposed health care fix. don't miss it. (vo) you are a business pro.

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leno is having fun mocking the obama care debacle. take a look. >> a lot of democrats trying to distance themselves from obama care. early this week bill clinton made critical comments and today harry reid got a letter from his mortician saying his coverage had been cancelled. no more embalming fluid. that's it. in a press conference today, president obama talked about health care.gov and said buying health insurance is never going to be as easy as buying a song on itunes. fire the website people and hire the people from itunes! there you go. exactly. >> and a quick reminder. bill will be jay's guest on "the tonight show" this evening. be sure to check that out. i'm sure it will be lively. also be sure to check out laura ingram.com. always remember sign up to be a laura 365 member. lots of cool benefits there. follow me on twitter.

thanks for watching. i'm laura ingram in for bill o'reilly. the spin stops here because we are always looking out for you. have a good night. is the president's big fix a big head fake? president obama meeting tonight with more than a dozen health insurance executives about his broken promise -- if you like your health care plan, you can keep it, period. welcome to "the kelly file." i'm megyn kelly. as of tonight nearly 5.1 million americans have gotten cancellation notices leaving them effectively in insurance limbo. unsure if they will be able to keep their plans, if they like them or if they can join the exchanges if they can get on the website. worst case, uncertain if they will have insurance come the new year. these policies are cancelled as of now. they don't know where they are