if you are getting on dvr. put it on the recording. good night from washington. the riley factor is on. tonight. >> kicking off the light hearted segment there is a tongue hearted. nmegyn kelliy caught up in a controversy. >> get her a secret santa. >> here is a secret. i am black as hell. >> the factor will get to the truth about santa claus. >> president obama would not be in the white house if not for the efforts and boots on the ground and support of labor unions. >> and a fierce advocate for labor yups received hundreds of thousands from the unions. is this a sandal?

>> what gifts to the throw wise men bring? ni don't remember that. >> and the christmas edition. is it ho, ho, ho. or oh, no, no, no. >> caution. you are about to enter the no spin zone, a fact that begins right now. hi, i am bill o'rielly and thanks for watching us tonight. the true spirit of santa claus. that is the subject of the talking points memo. mrs. megyn kelliy causing controversy that santa is a white man and so is jesus after an internet colume expressed concern for the caucasian profile. immediately, immediately the far left was outraged. >> no wonder we have trouble

creating america without a racial divide. santa maybe you can leave a little racial imagination and tollerance in our christmas stockings. >> that would be nice. but one wonders why anyone is bothering for this. historical truth is, the prototype for nicholas was white and born in 280 a d in asia minor and anyhow the country is known in turkey. he was a kind man and protector of children and sailors. by the time the renaissance a ratified in the 14th century. st. nicholas was the most pop prospect saint in europe. and in holland they made hymn a legend and gave presents on the foeft day. and the dutch settled in new york. they honored st. nicholas. and december was the month of

santa sinterkla us and then there is a poem written that is the night before christmas. and then thomas knap came up with the modern-day image of santa claus and the ones kids all over the word delight. to that's it. that's how santa claus came into being. why the bother. any talk of skin color brings out the zelots and controversy with the fox nows channel will be seized on by the media. >> i guess the truth is out. secret sant a. here is a secret for you. i am black at hell. >> that i never anyhow. >> good, better for everybody that way. you know how many preponderates i got to deliver. i can't afford to get pulled

over. >> are you okay for santa being white. >> white guy attacking credit for what a black guy did. >> miss kelly is correct. santa was a white person. does it matter? no it doesn't matter. it is a spirit based on kindness to children and magical moments. but for those who despoiz the fox news channel there is nothing magical. the mainstream media was dismissive believes that abc, cnn would crush us. the liberal media attacked. they can't defeat us on the media battlefield the far left seeks to demonize fox news as a racist enterprise.

and why miss megyn got headlines about a santa claus remark that was totally harmless. and that is a memo. the top story tonight. mary cathlone and juan williams. where am i going wrong here, juan. >> megyn is the joy. and i give her the benefit of the doubt and love her show. mistakes were made, bill and the idea that it mythic figure. ine as you said going back to asia minor and turkey. he was a dark skinned man. in jesus' case. it is a man born in palestine and jewish. and more likely he is arab or orientally or a moor than white. but the idea that you impose the racial framework on jesus, the son of god and lack the sense of god creating you and mary

catherrin. that is not januaryerous in spirit. >> the record is a record. modern-day turkey mary cathrein they don't consider turks to be nonwhite. and if you go to the holy land, judea they don't consider themselves to be nonwhite there. that is just history. the over arch megyn was correcting a article that was written tongue in cheek. it is hard to tell by a woman named isha hares that wants to replace santa with a penguin. miss harris is fed up with seeing a fat white guy in a santa situation. now i assume this is satour and megyn said hey, look, come on, what are you doing this for? >> the good nows is that most kids are color blind when it

comes to sant a. if he brings a xbox they are okay with that. none of us have sewnanta and if you seen him you didn't get presents and so slope to it. >> st. nicholas is the prototype. >> i understand. the cultural representation is white and her question is whether that is damaging to young black children. it was not damageingly to me as a young woman to so sapta as a man. >> juan is a person of color. was santa claus damaging to you portrayed as white? >> no, not damaging. but it made her insecure. >> i am i don't know miss harris. she can be a bundle of nerves. no, no, you, juan. >> i am telling you something. i wrote a bock about black

religion in america. the split in blacks and whites not only of jesus and imagery is role and makes black people live nothing a white majority. >> juan let's talk about you. so when little juan, when little juan was taken to the department store, i believe they had them when you were little. >> i was prehistoric, dowd. >> when little juan was taken and you saw the white santa there, did you fall apart and an emotional mess? >> no. no. you joined in with all of the other kids of all colors and persuasions and enjoyed the moment. >> let me just explain, i was a porkid and i didn't have the opportunity. i saw the ads and all of the rest and i just think we are a changed country and more kids of more colors and what isha was

spoking about. >> i think santa speaks for the spir the of santa. and now it is fine. >> and, too, we also imagine santa in many different ways. there were plenty of black santas and represented around me. there are places you can find. thatdom napt cultural representative a white goichlt that is not meaning we are without color and representativation. >> i agree. suggesting that the son of god is a white guy. i think that is playing to racial antagonisms in our society. we don't need. it >> i think you are right about that. i don't think we need to define jesus in any color. he was a man of judea and a man of the time and he was jewish and that's what we know. i just -- i don't think megyn kelliy meant any harm and it was

sewed by the enemies to make it on the erpt proiz and that is despicable. >> stop delivering coal all of you critics. >> that's right. issues within obama care being delayed because of the presidential election last year. brett hume will be here on that. >> and waters, goes out to find what people know about the federal holiday of christmas and gets attacked by pijions.

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he was on the segment another obama care embarrassment. cord toth washington post crucial elements. health care law were put aside until after the presidential election. certain problems were not pinpointed and addressed early on. we have fox nows analyst brett hume. why should i care about this

story? does everybody do this stuff? >> i don't think so. one of the definitions of corruption is the use of dishonesty to gain or keep power. that's what this was. keeping and holding this stuff back for political reasons is corrupt. and you know, doing it in the way they did it to prevent the electorate from knowing before the election spokes for itself. >> what did they hold back? >> they held back obama care provisions and other regoulgzs that had to do with a lot of different things including the coal industry where the administration has problems with popularity because of a belief in coal count row that the administration is on a ji had as coal is a fuel. you know, those coineds of things are potentially potent. and the administration believing, you have a bloef that nothing could be worse and no

act they could do than allowing something that would lead to them not winning the election. that's the mentality. that's the mentality that lies behind this thing. >> you are being tough on them. you believe that president obama and the reelection time in one of their meetings. you have to figure out the meetings on strategy and what not. we know that bum pumcare is problematic in certain areas. seen ups and doctors and being vaebl, higher prem yups and we know that now in 2012. we'll not address it. we'll put it in a desk drawer until after the election. is that what happened? >> we know that the president went around claiming if you like your insurance you can keep it. that was a promise he headed and he made it afterwards right up and until the reelection campaign.

look, with that in mind, bill, you don't need a meeting with your suboirdinates to suggest the idea that anything that flies in the face of that ought to be suppressed until after the election. i would be surprised if the president ordered this. i don't think he needed to. >> do you think he anyhow that the problems that we have sewn in the last three months were in play and would happen? do you think he anyhow that when he was campaigning and telling everybody what a great thing obama care was going to be? >> i think we have evidence he did. there was a meeting with republican leaders at one point in which eric cantor said to him. mr. president all of these people are going to lose their policies and the president's response was not to dispute that which he was regularly doing on the stump and elsewhere.

all of those people will get less costly policies and so he knew it. he knew they would lose their policies. to know that. >> when was that confrontation with cantor. >> it was after the bill was enacted and talking about it. so he knew. >> eric cantor. >> by the way, there is a sound bite you can play. >> i am trying to get a time line down. cantor is a powerful guy in the house and raises legitimate concerns and president obama blows them off yeah, well, maybe, but what is coming down the road is better and everybody will be happy. my final question to you. maybe obama believed that? is it possible in >> if he did. he was uninformed of how the policys are going to it work. it was not just cantor saying. that policy experts galore noticed this. and the architects knew this was

bound to be a result of this. in fact, they have defended it and saying they are lousy policies and people are losing anyway. and this is what is going to happen. no question about it and they knew it. and the fact that people suppressed regulations and postponed regulations to make it more clear to the public is disappointing but unsurprising. >> all right. brit hume everybody. a federal judge said polygamy not illegal anymore. that may tie in to gay marriage. and a nbc news commentator receiving hundreds of this happeneds from the unions as he promotes them on the air. the factor is coming back. [ male announcer ] e new new york is open.

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>> a ruling out of utah that has national implications and folks in that state believe that polygamy is allowed and the federal judge ruled that you can't prosecute polyg gamist in utah. i reported this may happen in the gay marriage reporting. nmy thing is equal protection. you can't have the federal government said one group in traditional marriage and that is homosexuals and exclude the plurrist. >> and the other people. >> it is the constitutionality of all of this is judge napolitano. it is not a story about gay marriage. this is a story about me staking out territory. the state should regulate gay marriage.

but the federal government gets involved under the constitution and say homosexuals can marry at the same level. they can't stop pluralist or anybody else. >> that is a valid stougal raurment and the states do regulate gay marriage. it is lawful in new york and new jersey and texas it is not lawful. the case in utah. it is about cohabitation and not about polegamy. it is illegal in utah and it was not challenged. you can't prosecute only if you go to take a marriage license. if you are common-law which they are. you can have as many spouses. >> if you claim you are married to 14 people and only lawfully married to one it is -- it is

part of justice skalia's prediction. nthat's the way it is going to come down. the people who want gay marriage in all 50 states will take it federal. in the netherlands plural marriages are there. and other countries say okay. but what we are having here then and why people are opposed to gay marriage is the fundmental change in how the country sos that swaugz. yes, yes, we are moving to the point it is none of the government's business who you live with and marry and relationship. for libertarians that is a good thing. for those of us who believe in separation of church and state believe it is a good thing. you think it is bad? >> i am looking at it not from a narrow view point. i don't do that. it >> i am far above you.

i look at what is best for the country. >> what a character. >> i look at it for what is best for the count row. >> gay marriage puts chaos in the home. >> not gay marriage. but polygamy has. if you have a dad and seven moms and 35 children, you are going to have chaos in the home and the state has to be responsible for the chaos in the form of welfare payments and you the libertarian napolitano and stoszle is just as well. you will so the disentigration of the african-american family. >> that's because the federal government copes them dependant. nmaybe that is true. but the chaos resulting from the lack of man and father and mother in the home. >> i agree with that.

>> now what society is doing, they are adding more chaos on the tra degreesal families. >> if the children are harmed because there are five wives and 35 children or ten wives and 35 children, the state has the right and the duty to protect those children even if it is removing. >> it is to late then. >> you agree the state. >> the child removal is drastic. >> the state can only do certain things. all i am telling you we went down to the marriage equality and what it leads to is a dissolution of marriage in this country. >> should the government tell them who to marry? >> i am looking out for the country. i am write and you are wrong. >> what a pleasure to be here.

>> and you have a right to remain silent, judge. and a tea party taking it on the chin and speaker of the house john boehner can have theigates the far right on the budget that passed by the house in a big margin. and taking money from the unions as he promotes it them on the air. stay tuned for those reports. [ male announcer ] at his current pace,

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taking hundreds of thousands from the labor unions as he promotes them on the air. >> in february 20th len people objected to walker's plan to strip the union the bargain 18ing rights. they heard the outcry and came to wisconsin to see the reaction for ourselves. >> joining us the anchor media buzz howard kurt authority z. msnbc said all of the spoking foes are donated to charity and he gets substantial money in form of advertisings on hisro show which he keeps. so you say? >> the appearance is awful of a commentator who is cozy to the unions. he fashions himself as

a crusader to labor issues. i have no problem with the advertising money on the show and that's how businesses get income. but even though he is giving the money to charity, he has to do that. why do the paid speeches at all when you are active on the labor issues? >> he's gotten in 2012 and 13, more than 250,000. that is big money. that is not chump change. >> right. >> it seems to me that nbc news, i am not sure what is happening over there. the nightly news is run responsibly. you may disagree with the liberal slant. the today show is responsible. i don't have beef with the today show. little left tilt but nothing a

gregeous. but the cable. dishonest in the way they present the material. the attack on sarah palin off of the charts and now shutz taking a quarter of a million from labor unions that he espouses on the air. what is going on over there? >> the issue with ed shultz is disclosure. >> no, you couldn't do that on the fox news channel or cbs or abc news. you couldn't that that as a commentator or janitor. you can't do it. but over there. look. this is what should happen and i hope comcost is the parent company and listening. just make msnbc in the

entertainment network. make your money. make your money. left wing network fine. but you are not a news network. you are advocacy network and take it out and put it on the entertainment band. >> a lot of people engage on advocacy on fox news. >> not policy. >> msnbc is 85 percent opinion according to the pugh research center. >> what would be wrong with putting it in the nbc entertainment banner. >> it benefits by association. pete williams and brian williams and gets the sheen. >> i do entertainment ven ushs. but if you were the president of npc news you would feel comfortable with all of the things happening over there? would you? >> msnbc plays to the base.

>> you are dodging my question. if you upon the nbc president would you feel comfortable. >> not the comments maled by alec and baldwin. but there is no law against their people playing to their base when chris matthews that is soft ball and not hard ball. we can be critical. >> i was not critical. >> i was. >> i tonight care what he was. people have a right to wait. what i have a beef with is that there are journalistic standards and there are in it in place. but there are not any. make it entertainment. >> last word. >> now journalist are embarrassed by the name calling and this is a public for them. it does rub off on the nbc news

brand. >> when we come back, karl rove on speaker of the house john boehner castigating the tea party. and how much do folks know about a federal holiday. a subaru... ...are the hands that do good things for the whole community: the environment, seniors, kids, and animals. that's why we created the share the love event. by the end of this year, the total donated by subaru could reach 35 million dollars.

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i am bill o'rielly. more division in the republican party. as you know the new budget passed three tlo to 94. and some members of the tea party oppose the budget. >> frankly, i think they have lost all credibility. they pushed us in the fight to defund the obama care and shut down the government. that was not the strategy i had in mind. >> joining us from austin, texas karl rove. was that a good strategy that he excoreated the far right. >> he is after a group of washington d.c. based. club for forth and herittage action. that put his members in a bad place by bullying and threat eping them with consequences if they don't vote the way they think they ought to vote.

these groups came out against any strategy to remove elements of obama care saying you have to do one thing and repeal it and that's it. they were movers behind the defund strategy. and one of the key things that got a lot of members in the house was when heritage action earlier this year called upon the house representatives to separate the farm bill into two bill one on food stamps and one for farm programs and once the house did. that now vote against both of them or we'll double score you a negative. this is building. >> so the threats are coming in and more emotional part of the story. most people don't know the behind the scenes. you are right that is happening. and they threaten congress. if you don't tow the line.

if you want to run a conservative candidate you can do. that but it is emotional because somero commentator and cable news on the conservative side, they are sumpthetic with the pressure groups and so they bring the message out to people who might vote republican and a war starts even though the house voted to pass the budget. >> well, there may be some truth that there is some sympathy between some groups and conservative commentators, but i happen to be on the hill when it bubbled up. one conservative member said to me. i don't need to be lectured by a 32-year-old kid about my conservative credentials when his last involvement was in the rudy ju li ani come pain. and conservative members of congress are in the place where

they have young aggressive groups. freedom works and they are saying do what you are doing or we'll primary you. they are fed up. club for growth wee get challengers for the house that are not conservative enough. >> they are not to do that. and so the house rejects the pressure on this one anyway. and passes the budget and goes to the senate and they will vote on it wednesday we understand. it is much closure because of the same pressure, right? >> no, i don't think so. you got to recognize the people who vote no in the house and senate, there are people who have a principled stand on the budget. they believe that the sequestration mechanism should not be weakened. they were in favor in 2011 and oppose the weakening of

sequestration. over the next two years sequestration caps. >> let me tell everybody that it they are the mappedatory cuts of ten percent of the budget. >> right. >> i think it will pass the house and president obama on the way to hawaii will sign it and we'll have a budget two years. >> quickly as we can send someone out on the air force plan to go to highway high. >> mr. rove thank you. the kress mas edition, do not miss this one. we'll be right back. [ woman 1 ] why do i cook? to share with family. [ woman 2 ] to carry on traditions. [ woman 3 ] to come together even when we're apart. [ male announcer ] in stuffing, mashed potatoes, gravy and more, swanson makes holiday dishes delicious. gravy and more, for the most advanceds shaving experience.3d with gyroflex 3d technology, you can get to those hard to reach places for the ultimate shave wet or dry.

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tonight the christmas edition. the federal holiday falls on

wednesday. all federal employees are off and get paid. a new rasz mussen 75 percent american adults want christmas part of the landscape. we sent jesse waters out to talk to folks about christmas. ♪ merry christmas. >> thank you, happy holidays. >> dow say happy holidays or merry christmas. >> happy holidays since i am jewish i. >> i was just having fun. >> why do they say happy holidays. >> i don't know. >> you got a point therement >> as a jewish guy does it offend you if people say merry christmas. >> absolutely not.

>> you think you are offending someone by saying merry christmas. is jesus an important figure. >>im atheist. >> dow celebrate christmas. >> you can't do both. oh, yeah? . >> what does christmas mean to you? >> sharing. where was jesus born? >> in bethlehem. >> jerusalem. >> nazareth or hospital in siberia. >> three kings came to bring him gifts from >> now ark. and jersey. >> you love me breathless. >> what gifts dot wise men. >> frankincense or gold and silver. >> myrrh and sneaker? >> myrrh and gold. >> what is myrrh.

>> a word noise when a cat is in heat? ♪. >> you know where the christmas tree originate friday if >> start? >> sweden. >> europe? maybe ba vary i can't? >> united states. >> germany? s . >> germany. >> christmas is a federal holiday. do you know who proclaimed it a federal holiday? >> lincoln. >> reagan. >> take a guess. 19th century. >> george washington. >> that was the 18th century. >> jefferson. >> grant. >> okay. so he grants us christmas. >> good one. are you a caroller? >> not in public. ♪ on the first day of christmas my true love gave to me -- ♪ a partridge ♪ ♪ in a pear tree ♪ silent night

♪ holy night >> i have no idea. ♪ all is bright >> zooming out, into another dimension now. >> are you finished? ♪ sleep in heavenly peace >> i give -- >> you're lucky there is no mistle toe here. >> yeah? >> you're a huge scrooge. >> thank you. >> do you ever watch "the o'reilly factor" on fox news? >> sometimes. >> until it hurts. >> i have not read "killing jesus." is that about the war? >> war's over, man. they dropped the big one. >> i'm watters. >> i'm pumped to be in your world, watters. psyched about it. >> all right. here he is. now, it seemed like everybody was cooperative. >> yes.

cooperative. >> nobody fled. >> no one fled except me. >> you were attacked by pigeons. >> lucky i didn't connect there. i had power in the shot. >> peta would have come. >> i am afraid of pigeons. i don't like them. >> that's your problem. why did they attack? >> the guy was feeding pigeons crumbs. they were so comfortable they perched on his shoulder. i think they're like flying rats. >> that's a woody allen line. tyson is a pigeon guy, too. people write me letters saying watters is looking for the dumb people. do you have a sign, if you're dumb, talk to me? >> i am attracted to dumb people. i seek them out. sometimes i find them. we do a fair piece. i happened to be in washington square park. there are a lot of people there. >> tell the audience what the watters world selection process is. >> this is a secret, bill. >> secret sauce. >> it's a lot of instinct.

i look for personality. i look for looks and someone that's a good talker. >> do you have auditions? do they have to do a dance? >> in my mind. >> before the. camera goes on -- >> crazy hair. a good look. >> before the camera goes on you ask a few questions? >> not at all. >> you go cold? >> we start the right away. if they're bad, i bail immediately. if they're good we warm up. >> do you ask permission to talk to them? >> i say i'm from the factor, want to talk about christmas and we go. >> all right. i think you got "watters world." if you're a pigeon, get him. >> please no. >> do you want to be organized? do you? we'll offer help. the tip is moments away. [ male announcer ] marie callender's knows all white meat chicken was made to be blanketed in golden breadcrumbs. with whipped mashed potatoes, topped with a thick homemade gravy. so she makes her country fried chicken to be eaten together. so they savor every last bite. marie callender's.

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how to get organized. first factor gift suggestions to you. ticket to bolder & fresher shows. march 28 friday. tennessee march 29. they make great christmas gifts. the shows will sell out. details on billoreilly.com. get them while we have them. we have a boxed set of killing kennedy and killing lincoln together in bookstoreses or on billoreilly.com. terrific gift. become a premium member and get any of the books free plus a may squor discount. and give the membership as a gift. this is an amazing deal. check it out. we have great usa strong stuff. hats, pens, sweatshirts, mugs on billoreilly.com at great prices. clinton of australia. are you ever wrong? you have two marketing experts during the segment on espn and you told them they were wrong. they tore you up. are you sure you were watching this program? dave from myrtle beach, south carolina. you may want to have the two

advertising gurus back. their positions for very poor as evidenced by espn changing their mind on the jesus ad. joe from new york. kudos to espn. it takes courage to admit when you're wrong. kathleen kelly, phoenix, arizona. didn't appreciate dan barker on the factor. why did you give him publicity? >> he's involved with important issues. simple as that. sheila from big fork, montana. bill, you were rude to dan barker. i would have smacked your face. well, the nuns did it and you can see how it worked out. eric from pennsylvania. thanks for your tip of the day about tipping garbage men at christmas time. i work on a truck. you are the first person i have heard mention it. happy to do so. you guys work hard . fred from colby, kansas. finally read "killing jesus." it was so good i'm giving seven books and the audio as christmas

gifts. dennis from plano, texas. "killing jesus" was bone chilling, a life changing experience. sue from texas. i have been wondering are your eyes really that blue . i think so. two irish parents. finally tonight, the factor tip of the day, getting organized. drives me crazy but americans these days tend to wait until the last minute to do everything. so this chaos and lost opportunities. christmas time is the worst. we are all over taxed. here's what i did last night. i opened my address book, put down on paper all the people i have to buy gifts for or give cash gratuities. you should tip paper delivery people. i neglected that last week. i got out the calendar and wrote down the places i have to go and all the stuff i have to do during the christmas season.

now in front of me are my obligations written down. took the about 20 minutes and i feel better. factor tip of the day. that's it for us tonight. please check out the fox news factor website which is different from billoreilly.com. i would like you to spout off from anywhere in the world. o'reilly@fox news.com. name and town if you wish to opine. word of the day, do not be a zoil ist when writing to the factor. great word. mad as hell segment on thursday this week. a different website. mad as hell@fox news.com. if you're teed off about something we want to hear about it. that will be on thursday. again, thanks for watching. ms. megyn is next. she owes me big. i am bill o'reilly. remember that the spin stops here.

because we are definitely looking out for you. welcome to "the kelly file." i'm megyn kelly live from the world headquarters of fox news in new york city. tonight -- a major ruling in the nsa spying case. a victory for privacy. are we now less safe? plus a decorated marine now at risk of losing his career for trying to save lives. wait until you hear why he is now in the cross hairs. and a car jacking in an up scale mall. a couple just finishing their holiday shopping when the man is gunned down dead. we'll have the latest. and what you need to know to stay safe. breaking