up next o'reilly factor. go to gretawire.com and tell me what you think of healthcare and anything else and knockout crime. tell me what you think about that. good night from washington. the o'reilly factor is on. tonight: >> confidential documents obtained by fox suggest that people inside the administration just one week before the web site launch had fears that it may fail. >> more problems for obamacare. just how much did the white house know about the impending obamacare web site disaster? and why didn't they do anything to stop it? we'll have a report. >> somebody asked me for a cigarette and by the time i got my hands out of the pocket i was getting hid by four kids. >> a new wave of knockout assaults blind sides innocent victims. we will tell you what's not being said about this growing trend of violence by predominantly black youth.

>> i have advise for him. he should get a lawyer and good one because he is going to need it. >> charges dropped against two florida teens charged with bullying. he could find himself in court. the sheriff ended no spin zone to respond. caution, you are about to enter the no spin zone, the factor begins right now. hi, everyone, i'm laura ingraham in for bill o'reilly. thanks for watching us tonight. the nuclear option, that is the subject of this evening's talking points memo. today, breaking 225 years of precedent, the u.s. senate voted 52-48 to invoke the so-called nuclear option allowing confirmation for most presidential nominees by simple majority. in other words, the senate

voted to severely limit the use of the filibuster. one of the few tools a minority party has in our representative democracy. senate dems led by nun -- none other than harry reid they have been incensed that g.o.p. colleagues have blocked primarily three nominees. will someone call 911? because the democrats seem to be suffering from a wicked case of amnesia. you see, they were against the nuclear option before they were for it. >> this filibuster is not a scheme and it certainly isn't new. the filibuster is far from a procedural gimmick. it's part of the fabric of this institution we call the senate. >> and what about then senator obama's view? >> the american people want less partisanship.

in the majority chooses to end the filibuster and change the rules and put an end to democratic debate, then the fighting and bitterness and the gridlock will only get worse. >> by the way, the president was supporting, of course, what harry reid decided to do earlier today. this, folks, is amazing. threatening to go nuclear which both sides have done in the past and going nuclear are two different things. reid and friends may have won a temporary victory by changing the rules, but they also disrupted the checks and balances within the senate and ended up throwing gasoline on the brush fire of partisanship. >> this is not a very proud day in the history of the senate in order to distract attention away from obamacare the senate has just broken the rules in order to change the rules. >> and, yes, republicans may have lost a lot of their leverage today in the u.s. senate, but if they take back the senate on the heels of the obamacare implosion, democrats may regret going

to death con 1. this rank power grab should make it obvious to all congressional republicans that they shouldn't waste time working with democrats on pretty much anything. democrats did not operated in good faith on obamacare and they are not operating in good faith now. and that's the memo. now on to the top story. a litany of new obamacare problems coming to light. we are learning that if you like your doctor, you might not be able to keep your doctor. and a number of the country's top hospitals, such as the mayo clinic are being cut out of the exchanges. meantime, fox news has learned that a week before the obamacare web site launched, top aides to the president were nervous that it would fail. joining me now from chicago, mark halperin, who is the co-author of the new book "double down, game change 2012" and mark is also the editor at large for "time" magazine whose cover story this week is, check it

out, "broken promise, what it means for the presidency." mark, it's great to see you. look, this news that came out today about emails that have circulated at the center medicaid medicare services. there was clear concern that this web site was going to have a lot of error messages and not work. yet, we heard the president last week say i wasn't told. hard to believe all of this. >> i don't think anybody is surprised that somebody in advance of the failure knew that it might happen. i don't think anybody expects the president to necessarily be informed of everything. but this is his big project. and as pretty clear from what john and i wrote about in double down about the president's management style, he delegates a lot. he doesn't empower cabinet members particularly. the results of the failure to oversee this correctly from him on down at the highest levels of government has left his presidency in a really precarious position. >> well, time magazine, your magazine is saying, you know, what's left of obama's

second term if it's consumed by fixing an unpopular policy from the the first? how could a white house appear so confident and incompetent at the same time? those are pretty tough words. >> and nancy gibbs, my editor wrote the cover story is a very sober person. she is not given to high high enter bow lee. i recommend people read the story not just conservatives who might be doing a snoopy dance. but liberals as i travel around the country, i'm meeting liberals who are freaking out over what's going on because their dream of universal healthcare may be going down payment the president's popularity is going down. at the same time people trusting him is going down. fixing this will not be easy technically. it even might even be more challenging politically. the president has crossed a certain line, not all the way over the line. it's still got about 20% of the country supporting him. problems republicans and

others the press are going to identify. even if he is successful. that's part of the issue, is it not? the president always seems to see things in terms of political solutions or political responses. so the response here is we have got to rebrand. we have got to sell it differently. we have to have a new add. have to have the web site have more colors, whatever it is. isn't it more of a branding problem? this is a technical problem. it's a policy problem. it's a substantive problem. it's not just about whether obama's beg legacy is intact or progressive ideas in the future are doing well. these are real concerns that were expressed frankly back in 2008, 2009, and in to 2010. forgive me, but i don't think "time" magazine was doing cover stories on a lot of concerns that were raised back then that were routinely dismissed by many in the media, ideological, as just mean-spirited, turns out most of the republican concerns about obamacare were right.

>> laura, there is no doubt that the press failed to scrutinize this program at the time of passage and during the context of the president's re-election. any reporter who would argue otherwise would be putting their head in the sand. as we write in double down, the problem for the republicans in the re-election context was you nominated, republicans nominated mitt romney, a guy who was not very well positioned to say the least to make the case against obamacare because he passed the healthcare plan in massachusetts. >> you guys are crawling all over him. i'm using you guys. the media were calling all over the technical details of his business dealings, of, you know, they called him a vulture capitalist. they went after the takeovers. these companies, who was fired, who was not. they went into real detail about that but the actual obamacare law and the predictions of hospitals not taking insurance, doctors retiring, costs going up, those were real concerns that the media, for the most

part, just kind of like well, no, this is a good idea for people to get covered there was a difference that romney was covered with great scrutiny and this policy was not. >> laura, you want to rerack the tape from my previous answer i think the press, anyone who denies that there was a failing -- at the same time, republicans did not run against this in part because mitt romney didn't. >> i agree with you on that. >> barack obama knew he wasn't going to run for re-election defending the program. part of the flaws of the way the media works. if the candidates aren't talking about it gets less coverage. no doubt a disservice was done to the country and to liberals. didn't get scrutiny on passage and then again when the president was running for re-election. our cover story in the magazine lays all this out just how deep the president's predicament is now politically and substantively. >> up next on the run diswrown, republicans have a new attack on obamacare? is it going to work? we will debate it charges dropped against two girls who were very publicly

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in the impact segment tonight. how hard should the fop attack obamacare? what about the rest of the president's agenda? moderates like chris christie seem to suggest obama's critics should just lighten up. >> we are three years away from the presidential election. i mean, in this sense i feel badly for president obama. he just won a year ago and everybody is like so who is next? there is work to be done in this country. as we shove him out the door we minimize his ability to be an effective executive. we shouldn't do that. >> but there is another g.o.p. strategy making the rounds which is basically to keep highlighting all of the

problems of obamacare. joining me now from nashville is chip, a republican strategist. okay, chip, interesting comments from chris christie who is making a lot of news lately over at the republican governor's association meeting earlier this week in new york. >> empathizes with president obama because executive authority is basically being undermined and republicans shouldn't do that what's your reaction there. >> i'm ready for the whose next conversation. the thing is barack obama has failed this country. he has had a bad five years and i think that's why most of the people for who next? his approval ratings are dismal. disapproval is over 50% now. i get where chris christie is coming. he just got reelected is he starting it turn into a lame duck. maybe he is foreshadowing a little bit. >> here is my thought on this. the president has made his bed with obamacare. he bet the political farm on obamacare. all his political capital was poured into it. failing the family, failing

the middle class, failing small business owners, failing, failing, failing. why feel empathetic for him? i feel empathetic for the people and maybe net year it will be 100 million people who have their policies cancelled. to say that we are empathetic and we shouldn't try to undermine his executive authority, i want republicans to be stopping more damage that might be done to the country, so i want them to stop the exercise of that type of executive authority, thank you very much. >> he will with, i think he is doing a great job on his own. barack obama is undermining his own authority every day with all these healthcare conferences saying we are going to fix this in two weeks. it's going to be ready to go you are not going to lose your coverage. barack obama is doing a great job. we need to let him be himself. >> when you say that you seem to be of the mind set any more hearings on capitol hill they could get sex saysive. people could get tired of kind of a republican drum beat. i'm somewhat sympathetic to that at the same time there are real horror stories out there that must be highlighted.

the media is highlighting them for now. we don't know how long that will go on for, right? republicans look like they're dancing on the grave of obamacare. i think educating the public by explaining just what's going to happen and continuing to do that, i think that's a public service. i'm not sure the retreat and sit back rests on your laurels deal is all that good either. >> education good? grandstanding bad. what we have seen is when benghazi came back and irs, the story became about the hearings. it became about how aggressive the republicans were and we lost the story. when we shut down the government, we lost the ability to tell the story of obamacare web site at first because the whole story was the web site. and my advice to the republicans in washington right now, remember two things. one, your approval rating is lower than obama's. and tread smartly. keep your hearings focused. talk about the things that matter. bring up the important thing. push the administration on doing the right thing. when your owe opponent in is in a circular firing squad shooting each other, don't jump in the middle. >> chip, did you see nancy

pelosi out yesterday? she said we are going to be running on obamacare. i'm proud to be running on obamacare. she is not going anywhere on obamacare. i don't think there is a circular firing squad yesterday yet. there is grousing and complaints. they haven't thrown obama under the bus yet. i agree with you. if there is an ability to screw things up, republican could say certainly do that i think they shouldn't go overboard on this. but, the education needs to be done. there will come a time where the media, perhaps, they move on from this story. and that's when republicans need to step forward. chip, thanks so much. we love seeing you. >> yes, ma'am. >> directly ahead, should americans be skeptical of the new security agreement between the u.s. and afghanistan? lt. colonel ralph peters has some thoughts. then disturbing new information on the quote knockout game. why are innocent people being assaulted? and is there a racial component? we're going to have an update. those reports after these messages.

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in the factor follow up segment tonight, a deal that may end up keeping u.s. troops in afghanistan for another 10 years. >> the agreement will speak for itself. when the agreement is approved. and as we sit here tonight, we have agreed on the language that would be submitted to a loya jirga. they have to pass it it it's inappropriate for me to comment at all on any of the details. it's up to the people of afghanistan. >> joining me now our own tribal leader fox news strategic analyst ralph peters the author of the book "hell or richmond." have you ever been introduced as a tribal leader. >> no. i would like to be an apache, please. >> all of these tribal leaders are going to decide the fate of what is going to

happen to this deal. i have got to say when i first learned of this 2024 number i guess nine bases around the country could have about 15,000 troops remain until 2024. i think to myself why should we trust any politician who gets up and says we're doing a full pullout from afghanistan. we're beginning it. we are starting it, it will be completed by x year. it's just not going to happen. >> well, in his campaign in 2008 obama said he would fix afghanistan. surge, disastrous mess. now he wants to hang on through inauguration day 2017 so it doesn't all come apart on his watch even though it's already come apart. >> purely a political move here. >> political. it's also his vanity project. he can't let go of it. >> i thought that was obamacare but now it's afghanistan. >> he has a number of them. really this is strategic obamacare. this is a whole lot of money and resources thrown at something that really doesn't work. but if you listen to what kerry just said, what he

just was saying was we have got to pass this treaty in order to know what's in it. >> oh. no well, here -- we have 2276 i believe that's the number as of today men and women who have been killed in afghanistan. >> for what? >> people that you have met, i have met. i was just with a triple amputee a couple weeks ago big benefit 23 years old. what do we get out of this. >> we are in afghanistan still because of inertia on the part of the military and because of obama's ego. he won't admit it's gone down the tubes. by the way, you know, earlier this week, 150 year anniversary of abraham lincoln saying a new birth of tree dom. obama given us new birth of al qaeda. >> they will always come back once we leave. that means you can never leave. if we leave it's going to collapse into terrorism then we can never leave. let's get into the sequester deal though. a lot of people think that the pentagon is trying to guilt trip congress into

backing off the success ter cuts over, sequester cuts, $10 billion in cuts just to the pentagon, that's part of the deal. a 2 billion next year. are you someone who is of the mind set that the pentagon also has to take a hair cut? a lot of people on capitol hill say they don't want to go near any pentagon cuts next year? >> wrapping yourself in the flag gets kind of old sometimes. and, yes, the pentagon has to do its part. but, the problem isn't just the pentagon. the problem, laura, is congress. eisenhower and his drafting of his famous speech talked about the defense industrial congressional complex cut out congress for the public speech. >> big donations from big defense contractors and big help. >> depositions but also jobs in home district. >> big money. >> big big money. the defense contractors, the big guys realize the generation ago they don't have to defeat america's enemies. they have got to win the battle of capitol hill. in contravention of all economic logic. >> this has to be cut. >> and it can be. you have got to get congress to cut.

congress will cut troops because congress, frankly, laura, doesn't give a damn about the troops unless will is a photo on involved. >> that's a strong word. >> you can imagine if there was a national referendum? do we want increased taxes or more money for wars and afghanistan or elsewhere? where do you think that poll would be or referendum would be? higher taxes or pull out of afghanistan completely? >> the problem though is that congress is going to cut people. you need to cut the big junk weapon systems that don't work. f-22 should never have been bought. f-35 is absolute disaster. our military could beat the chinese could beat the russians, can beat everything. can't beat lockheed martin. >> ralph peters, our tribal leader. i can't believe the -- directed toward u.s. congress. plenty more ahead as the factor moves along tonight. are these women too pretty to be in military recruiting ads? one high ranking official says yes. we will take a look at that. charges dropped against

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transition to combat jobs fired off email to army brass saying this: >> it shows a pretty woman wearing makeup while on deployed duty. such photos undermine the rest of the message. and may even make people ask if breaking a nail is considered hazardous duty. she went on to say, quote: in general ugly women are perceived as competent while pretty women are purr received perceived as having used their looks to get ahead. as you can imagine that has gotten quite a bit of reaction. here with me now retired marine gunnery sergeant jesse james duff. wow. it's a war on attractive women over there at the pentagon. what is going on here? now, i guess the argument is that, look, military work can be tough work and it's not showing up for a gram photo shoot or not entertainment tonight. this is tough work and you kind of have to be tough to do it. we don't want to portray it

as something it's not. why is that wrong? >> i find the colonel appalling. she doesn't realize for a marine corps we have been serving since 1948. i tractor-trailer operator. never had a manicure. >> did you wear makeup when you were driving that truck? come on, admit it? >> yes, i actually did. >> then you couldn't have been competent. you were attractive woman. you couldn't have been competent. >> i actually changed the tires for the rig and had great respect with all the military. what it boils down to when you are on active duty carry yourself professionally. not showing up in tubes to be and high heels. i wore camouflage for 20 years. i understand this lady has a complete detachment what's going on in the field. women are not out there trying to be cute to get a promotion. we would lose the professional environment, nobody would trust us and they would discredit us. so i think she is. >> her job is basically saying we're promoting military service. we want to promote military service, we don't want to promote a false assumption about what it is.

and to glamour rise glamourise isn't what we are doing. what it is. for everybody, no holds barred, a lot of work and difficult work. so, she thinks it's a job that's inaccurate. what i would say is what company decides we're not going to use attractive-looking people in ads? i guess some do. if you talk to most madison avenue executives, they would probably say to sell a product or to sell service, whatever, you have to make it look good. >> about your skills and ability. >> are there a lot of fat unattractive men in marine corps ads? those men are pretty good looking as i recall. where do we sign up? >> the reality of this is the administration is obviously sending out the wrong signals on so many areas. i'm offended this has become a priority. meanwhile we have veterans that can't even get cancer care. >> thank you. again, she is heading up this study of the obstacles

that women face transitioning into, i guess, more combat roles in the military. i see this stuff and i think the military is turning into yet another kind of, you know, progressive. >> a social experiment. >> a social experiment. and i don't want my tax dollars going to this. i mean, studying whether the ads are too glamorous? >> who cares. >> if somebody is going to join the united states marine corps they have to prove themselves mentally. if you are going to check on a box whether she wore mascara to the interview you have forgotten. a colonel should be ashamed of herself and colonel administration allowing this environment. got veterans dying of cancer in south carolina 20. what are we doing about it? worrying about whether i wore lip gloss when i drove my truck. give me a break. women rn on active duty serving valuable roles. >> a number of women have died. >> died. >> total number of troops fallen in afghanistan 2276

many are women. women are dying not just in accidents but on patrols, they are on truck operating. >> they are putting their lives on the line every day. their appearance is not the issue. are they capable is the only issue. and that is a fair environment. when the administration is now pushing down that we have got to all become adroj news. what does that say about our military. do we really as americans kay yes i can't tell i have a female in the military. >> you have to look like men. you don't want to tempt men. you can't tempt men in those ads. >> oh my goodness, can't do that. >> we appreciate it, jesse, thanks so much. >> thank you. >> disturbing information on the knockout game attack random people and put video of the assaults online. that's the story and it's up next. (vo) you are a business pro. maestro of project management.

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@?? is a really big deal.u with aches, fever and chills- there's no such thing as a little flu. so why treat it like it's a little cold? there's something that works differently than over-the-counter remedies. prescription tamiflu attacks the flu virus at its source. so call your doctor right away. tamiflu treats the flu in people 2 weeks and older whose flu symptoms started within the last two days. before taking tamiflu tell your doctor if you're pregnant, nursing, have serious health conditions,

or take other medicines. if you develop an allergic reaction, a severe rash, or signs of unusual behavior, stop taking tamiflu and call your doctor immediately. children and adolescents in particular may be at an increased risk of seizures, confusion or abnormal behavior. the most common side effects are mild to moderate nausea and vomiting. so don't wait. attack the flu virus at its source. ask your doctor about tamiflu, prescription for flu.

thanks for staying with us, i'm laura ingraham in for bill o'reilly. and in the personal story segment tonight, three new cases of the so-called knockout game come to light in philadelphia. in one of these cases a senior citizen was randomly attacked and targeted, blind sided with a sucker punch to

the head. >> the victim that we talked to it a little bit earlier today, an 80-year-old elderly man who sustained severe injuries as a result of that attack, he is one of two victims here in the lower marion township area along with another victim in northeast philadelphia. >> someone asked me for a cigarette and by the time i got my hands out of my pocket, i was getting hit by four kids. >> the suspects took nothing, not even the food and just fled, leaving only a battered victim. >> all my face was all bruised up and bad -- >> these crimes are only now beginning to get media attention. and as bill mentioned earlier this week, there appears to be indeed a racial element at play that few people seem comfortable to discuss. joining me now from kansas city, missouri, psychologist and lawyer brian russell and from l.a. civil rights activist jasmine cannick. jasmine, let's start with you. tom solve the columnist

wrote an interesting peesd this week that this quote game has been around for some time. this targeting of individuals, mostly by black teens, has been happening. the individuals in new york, many of them happen to be of jewish ancestry and other occasions most of them are white. some even asian. a racial element seems to be present here. do you deny that? >> you know, i don't want to generalize, you know, laura and say that this is simply a game that's being played only by african-american teens across the u.s. you know, what i would say is that america needs to also look at you know why do these teens have so much time on their hands to even be engaging in something like this. hard to try to defend bad behavior no matter what color or what race, you know, the perpetrators are. >> jasmine. >> disturbing. >> jasmine, you think, if this were overwhelmingly white teens, and they were going around in all these

cities across the united states and they were coal cocking elderly black people, would you be coming on the o'reilly factor and saying you would hate to generalize about quote bad behavior? you have three deaths from this. i don't even like call it a game. these are criminal assaults by people who are thugs, yeah, they have too much time on their hands. there are a lot of people though have too much time on their hands who don't go attacking elderly people and knocking them unconscious for sports. i think if the shoe were on the other foot here, we would have al sharpton out there and all these people screaming for eric holder to rush into the city. >> look, reverend sharpton, other black civil rights advocates have, you know, denounced this behavior. of course, yes, it is a crime. we're not going to sit up here and generalize it though and say this is only something being done by african-americans. what we have seen on the news may be but that may be. >> so do you have other evidence? brian, do you have evidence that there are rampant number of white teens going out there and targeting

elderly black people or innocent asian people and putting videos on the internet of whether or not they knocked them out is there any evidence of that? if there is i want to see. >>it i haven't seen it, laura. here is my analysis in 30 seconds or less. this does not fit the mainstream media's preferred narrative which is we don't have a violent crime problem among our nation's black youth. we have a profiling problem. as usual when self-righteous types think they are looferg out for the best interest of minority group members they're actually doing them a disservice and showing a little bit of their own in the following important way. a young black man is every bit as capable as a young white man of regulating his behavior. and when he does not, and when our colleagues in the mainstream media don't cover and condemn that to the same degree as they would in the case of a white perpetrator, it actually suggests that our mainstream media colleagues aren't sure whether the expectations of blacks and whites can and should be the same. they can and they absolutely

should. >> i think it's painful, jazmyne to think about this. it's painful for the victims but it's painful as this being called a game by anyone. and for folks who get up there and say well, we are not sure if there is a racial element. i mean, come on. i mean, of course there is a racial element here. the fact that nobody wants to talk about it is highly predictable. doesn't prize me at all. doesn't fit the whole white guilt narrative about race. and i don't think it serves the black kids who are getting into this trouble. i don't think it serves them well. they are not helped by the denial. and it doesn't serve society at large well. we have a real problem in america. with you in these neighborhoods where we have rampant problems in american family breakdown we have a big problem. and i think that conversation needs to be had. >> i agree. i would just like to also say it doesn't serve our country well either to incite mass hysteria amongst

white america against blacks either. so now what do we have? >> who is doing that? >> fox. numerous news reports. >> fox? >> about basically mobs of black teens targeting white people does not help society either, laura. >> jazmine i am stunned what i'm hearing fox news is the problem fox is one of the few media outlets that has actually the courage to report the truth? tom seoul, african-american renowned economist and columnist and a few others who are brave enough to connect the dots said this is not serving the black community well. that is the truth. if the shoe were on the other foot. nbc and cbs and abc. >> that's your truth. >> would be fanned out across the country having racial town halls trying to discover why so many white youth have an instant animus towards in the black people. and i would actually celebrate the fact that they would do that because it should be done in the wake. >> in the wake of aurora. >> who is doing it should be done. >> in the wake of aurora,

they didn't have any trouble reporting to the country, something that wasn't even true. there was a black psychologist going around telling the country that white kids are more likely to become spree killers and shooters than kids of other racial groups because they feel more entitled and get more upset when they don't get their way. that was absurd and racist. they didn't have any problem broadcasting that because it fit the narrative. >> look back at the trayvon martin deal, right? all sorts of generalizations made during the trayvon martin saga. really frankly on both sides. saying that he was a white hispanic and then all sorts of crazy stuff was said, okay? and it was incredibly painful moment for the people of florida and that family. but i think we have to be able to talk truthfully and objectively about things. if white kids were doing, this jazmyne and targeting black people i would have the same outrage and indignation. i promise you. >> i'm sure you would,

laura. >> i would be completely outraged. >> as would i. >> and the problem is as everyone should, brian and jazmyne thank you for joining us. >> thank you. >> factor exclusive, we will talk to the sheriff who very publicly accused two girls of bullying in a tragic case. now those charges have been dropped and the sheriff may be sued. the factor is going to be 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

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ed in the back of the book segment tonight. a factor exclusive. the florida sheriff who publicized the name and faces of two young girls accused of bullying a classmate to death. prosecutors yesterday decided not to charge the two teenagers in the death of 12-year-old rebecca sedgwick who committed

suicide in september. this is what sheriff grady judd said back in october. >> the reason this is a felony, the reason this is a third degree felony as opposed to a misdemeanor is opposed to a misdemeanor is because our rebecca was only of age. she was under 16. so we immediately took both of them into custody. we have these wonderful photographs of our two new felons. they had never been arrested in their life. >> jose baez, the attorney for one of the alleged attackers, now says that sheriff judd may need a lawyer. >> to go out on tv and put her mug shot out there as if she's public enemy number one when she is really just a child and for really serving so purpose. he should get a lawyer and a darn good one because he's going to need it. >> joining us now from winter haven, florida, sheriff grady

judd. sheriff judd, so, did you jump the gun here? >> no, i didn't. i complied with florida law. florida law clearly says felons who are arrested whether they're juveniles or adults are subject to public records and the public records says their photographs and their names are to be released and that's what we did. bullying's a national epidemic. now we have got this defense attorney saying, oh, he shouldn't have done that. he's trying to move the focus away from a 12-year-old dead child that was bullying. and then they talk about that, well, the charges are dropped. but what they don't tell you is we said all along through the clips we weren't looking to lock the door and keep those kids in jail. we were looking for counseling. we wanted them to stay in the juvenile system. and that's what happened. one child was diverted.

and jose baez, he has his child in intervention. and then he takes her to new york and puts her on all the television stations. her face and name. she bullied and violated the law and that's why we charged her. >> obviously, the defense attorneys are saying, the charges were false, that's why they weren't dropped. they weren't bullied. the facebook account. the callous account. we're not using their names, one of the alleged attackers facebook pages was, you know, bullied her and i don't care. just summing it up. he said that was hacked and something my daughter, my client would never say and you rushed out there and did -- to make an example for the nation because bullying is such a problem and the criminal yus tis system is based on whether the alleged perpetrators with the evidence to say this. that's their argument.

>> yeah, we have the evidence. in fact, when we arrested them on probable cause, we took them to a juvenile judge the next day and he ruled they were -- there was probable cause. in fact, he kept one in custody and released the other one to their parents. in addition to that, our goal was and we agreed with the state attorney's office when there is a diversion, this is in the juvenile system in florida, when there's a diversion, the charges are dropped from the criminal court and that's what occurred. there's a diversion through the other attorney with his client and jose baez agreed that counseling and doing what was being in the best interest of his client and the charges were dropped. it served no useful purpose to drag these kids through the criminal justice system. >> why charge them? >> to end up with the same -- >> why charge them? you want to make example of them but -- >> are you going to let me talk? >> i will, sheriff, but as a

matter of criminal justice, i don't have any sympathy for bullies. we're having a good debate here but as a criminal justice matter, you said you had probable cause. you seem to think they're guilty. and yet we were trying to make an example out of bullies nationwide and iens it's a social policy matter. that's very noble. but they're either probable cause and guilty or not. and in this case, these charges were dropped. they're in the custody of their parents. they'll go about their lives. their argument is the names sullied. their reputation is sullied. and, you know, we are still not guilty of this and we're proven correct. i mean, that's what they're arguing. >> laurie, you are not listening to me at all. in the juvenile system in the state of florida, when you enter a diversion, when you enter counseling, when you don't take them through the court system and very few children go through a trial process in florida, when there's diversion and that's what occurred, then the charges

are dropped. >> no, i understand. >> had we not made the arrest. listen to me. had we not made the arrest, and we made that on probable cause, then those kids wouldn't be having counseling at this time and the bullying could continue. and as a result, that's what we did, what we did. when you say the charges were dropped, there's no evidence. that's not true. the charges -- >> so the diversion -- do you think the diversion and the fact their names are out there and you went throughout in october, is that going to stop some bullying, maybe some incremental effect on bullying in the snat. >> you know, i can tell you this. it stopped those two from bullying and i can tell you that made it a big impact around the nation but the bottom line is they were arrested for felonies. by florida law their name and their photograph is public record. the fact that you and the other media outlets choose to publish

it is your decision. not my decision. but i can tell you this. if the same set of circumstances -- >> we actually didn't. >> we'll arrest them again. >> yeah. and we should say that, again, counsel on the other side, i mean, they took their client over to the "today" show and did an interview and willing to continue to talk about this and alleged attacker's names out. we appreciate it. a quick reminder. now's a great time to get christmas gifts on billo'reilly.com. the theme is usa strong. there's quite a selection of gear. so if you want signed copiies o books, get the earl orders in early. the obama website crashes in front of kathleen sebelius and it's all caught on camera. we'll show you the tape.

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timely tonight, must see video. kathleen sebelius traveled to miami to meet with obama care navigators when this happened. >> that's good. >> i like to hear that. >> i think it's great. this is happening. it's been a long time coming. >> yeah. >> temporarily down. >> wow. >> it's okay. it will come back. >> that happens every day. >> yeah. >> that happens every day. you cannot make this up, folks. an embarrassing epic fail for all the world to see but happens every day. before we go, be sure to check out laura ingraham.com. sign up to be a member and of course follow me on twitter. thanks for watching us tonight.

please remember, the spin stops right here because we're always looking out for you. breaking tonight with political chaos breaking out on capitol hill, a new problem for the president, his party and health care overhaul. we are just learning new details of an administration effort to blame the media, the insurance companies and blame the republicans for the nearly 6 million americans who have now lost their health care. welcome to a big night on the kelly file, everybody. let's pick it up in washington where senate democrats went nuclear effectively undoing more than 200 years of precedent in a move that changed the senate rules and now prevents republicans from blocking the president on a host of issues, most importany,