in that poll, it said they can get there. there is a possibility they can get there. >> thank you, joe, and thank you for being with us tonight. we'll see you tomorrow night at 7:00 p.m. eastern. up next, "the o'reilly factor." and go to gretawire.com. goodnight from washington. "the o'reilly factor" is on. tonight -- >> the day after it happened, i acknowledged that this was an act of terrorism. >> so, $3 in food stamps for the needy, $7 in salaries and pensions for the bureaucrats. >> those are just two false statements that the "washington post" has pinpointed as lies of the year. we have the entire list and we've checked it twice. macy's isn't christmasy enough for you? macy's? this macy's? the one emblazened with a bejeweled "believe" sign? american businesses making

billions of dollars off the christmas holiday, and that includes big media companies. bernie goldberg will have analysis. i'm so wasted! >> also tonight, a website saying i did not report the new "denver post" marijuana columnist situation accurately. i'll refute that tonight. and john stossel will analyze. caution, you are about to enter the no spin zone. "the factor" begins right now. hi, i'm bill o'reilly. thanks for watching us tonight. lying! that is the subject of this evening's talking points memo. ask any court officer in america, and they will tell you that lying under oath is an epidemic in this country. perjury's everywhere in the

justice system. and in our daily lives, we can count on being lied to almost every day. the eighth commandment no longer an imperative in the usa. and nowhere is this better illustrated than in washington, d.c. enter the "washington post," which runs a column called "the fact checker." in that column, writer glen kessler analyzes the accuracy of what powerful people say in america. this week, the "post" announced its top falsehoods of the year, and president obama owns three of them. >> if you like your plan and you like your doctor, you won't have to do a thing. you keep your plan, you keep your doctor. now that congress has left, somebody's going to be vacuuming and cleaning those floors and throwing out the garbage. they're going to have less pay. the day after it happened, i acknowledged that this was an act of terrorism. >> obviously, millions of americans cannot keep their health care plan under

obamacare. capitol hill janitors did not take a pay cut, according to "the post." and president obama totally misled the world in his initial statements about the assassination of the american ambassador in benghazi, libya. also on a falsehood list, the nra saying, "obama's kids are protected by armed guards at their school." not true. there are no armed security guards at sidwell friends school in washington. the children do have secret service protection, but that's a given. the "post" cites a falsehood by representative darrell issa, who said that secretary of state clinton denied security for libya by her signature on a cable. according to the paper, secretary clinton's signature is on every cable and it's a stamp. there is no evidence that mrs. clinton was even aware of the security request. michele bachmann gets a falsehood for saying 70 cents off every dollar spent on food stamps goes to bureaucrats. according to "the post," that's

simply false. secretary of state john kerry makes the list because he said he opposed the invasion of iraq. in fact, he voted for it as a senator. finally, former florida governor jeb bush makes the list by saying that president obama closed the u.s. embassy in vatican city. the president had nothing to do with that decision. it was to consolidate the embassy with the italian u.s. embassy in rome, and it was a state department decision based on security concerns. now, some of those falsehoods were mistakes. i think jeb bush qualifies there. but some were outright distortions. no lie, it is a disturbing situation. and that's the memo. now for "top story" tonight, joining us from washington, the aforementioned glen kessler, who writes the fact chr-checker col for "the post." you must be busy with these pinheads spouting stuff out every day. how many people do you have checking for you and how do you decide what to take and what not to take? >> well, it's actually, it's just me. i'm the one that does it. >> you're the guy! no backup for you?

you don't have a brain room like we have here? you don't have any of that? >> no, no, no. it's a high-wire act every day. and believe it or not, i find something to write about every single day. >> well, that's a given, but with one man, you, as brilliant as you must be, mr. kessler, you can make mistakes. can't you? i mean, i'm surprised. i thought you would have backup for that. >> no, i'm actually -- i've done this for many, many years, covered all aspects of policy and diplomacy, and i like to check my own facts. that doesn't mean i don't make mistakes, and i, thankfully, have millions of readers that are very quick to tell me if i have made a mistake. >> how many mistakes, estimate, have you made in 2013, this year? how many? >> i would say maybe fewer than five. i can't think of them off the top of my head, but -- >> all right, so you're doing pretty well. now, of the ones that i mentioned, obviously, the

president is the decider, as the former president bush said, and he has three there. the janitor one, that's not a big deal, but it's false, but the one about your doctor and the one about benghazi, i mean, those are fairly significant. did the president, when he read your column, ever say, hey, you're right, glenn, thanks for correcting the record, i'm sorry i did this? >> you know, i've never gotten a thank-you note from the white house. one person told me i was the most -- i was not very well liked there. but on the other hand -- >> did they think you were unfair? did they accuse you of inaccuracy? >> no. they did once issue a press statement that was titled "fact-checking the fact-checker," when i gave the president three pinocchios for statements he made about the auto bailout. at the same time, the white house state that column i wrote about darrell issa and clinton's signature on the cable, the

white house cited that repeatedly when darrell issa was holding hearings -- >> but all politicians do that. if you knock them, they hate you, and then if you give them something, they run with it. >> yes. >> so, we're not surprised by that. the "washington post" has a reputation of being a left-leaning paper, but you seem to be down the middle, you know, an equal opportunity pinocchio guy. but the democrats are in power now, so they have a lot more power than the republicans at this juncture in our history. so, do you scrutinize them more? do you scrutinize president obama more than say you would a boehner, speaker of the house? >> well, the president speaks a lot, makes lots of speeches, so there's material there. you know, i try not to pay too much attention to, you know, whether i'm fact-checking more democrats or more republicans. i really look at, try to look at what's in the news today, what are people talking about. i also try to use the column to explain the intricacies of

washington policy making. it's more than just a gotcha, but if you want to try to find out how the federal budget works or what's really happening with the health care law, i try to untangle the rhetoric that politicians use. >> well, good luck with that, because it's a morass of -- now, one final question. jay carney has to go out there every day and defend what president obama says, what president obama says about the doctor. now we know that's not true and carney still tries to spin it. have you been tough on carney? >> yes, i have given him pinocchios. he's not been especially happy about that either. >> all right, does he have the longest nose in the world at this point? is there anyone? >> you know, i have been covering politics for so long that, you know, i have just learned that politicians of both sides will stretch the truth if they think it will give them a political edge. >> sure. look, you and i have something in common. i make a living in the no spin zone because i do what you do but in a different way, but

there's no shortage of dishonesty coming out of the precincts of power. mr. kessler, thank you so much. we appreciate it. coming up on "the rundown," reaction to the epidemic of lying in the usa. then, bernie goldberg on how corporations in america are handling the massive christmas commerce. [ male announcer ] e new new york is open. open to innovation. open to ambition. open to boldids. that's why n york has a new plan -- dozens of tax free zones all across the state.

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now the epidemic of lying in america. monica crowley and our fox analyst. does it get you depressed to see your guy -- >> my guy. >> president obama. >> my guy. >> your idol. >> idol, messiah. >> is cited three times. >> it hurts. it hurts, bill. >> does it really? >> sure. but you know, there are lies and there are misstatements. you yourself said on october 29th that you didn't think that barack obama lied but that he just did not want to know or ask about the truth. >> correct, and i still believe that. and let me just explain, because i know i'm going to get the

letters that, you know that won't go away. there are situations in life, and crowley and colmes both know this, that you know something bad is developing, and there are two ways to do it, you confront whatever's bad or you run away from it, say don't tell me, i don't want to know. i think the president is in the latter. however, that doesn't excuse his behavior, because his deceit, falsehoods, whatever you want to say, has impacted negatively on the folks. >> deceit sounds intentional. a lie has intentionality to it. to make a mistake, like jeb bush i think made a mistake, as you point out. >> right. >> i don't think he intentionally lied and i would say the same on barack obama -- >> about all three of these? not benghazi -- >> benghazi, i went back to read what he said about benghazi, both the day after september september when it happened and on the 13th. there were two campaign stops. i can't imagine that terror

about benghazi was not in his mind. >> you have to contemptualize it about what happened afterwards with susan rice. it was a design. they didn't want to admit that al qaeda got the better of them. >> the context of it is it just happened. >> your turn. >> the number one lie on the "washington post" list, which is if you like your health plan, you can keep it, period, which is something he said emphatically over and over again. two pieces of evidence to suggest he knew all along this was not true. number one, he met with eric cantor and congressional leaders two months before signing it into law. cantor asked him point blank, millions of people may lose their health insurance under this law and obama said yes. he acknowledged that that was indeed possible and, in fact, likely. second thing we know is that the policy people in the white house tried to stop the president from making this emphatic statement over and over again, and the political people intervened and said, no, let him keep going with this. >> okay, on the cantor statement, is that on tape? >> it is on tape. >> you have it on tape? >> i believe it's on tape. i'm not 100% sure, but i think

it is. >> if that's on tape, let's try to get it, because i haven't seen that. >> there was that exchange shortly before he signed it into law. >> i know there's a report of it, but if it's on tape, i'd like to see it. second one, how do you know that his -- >> this has been reported over the last couple of months. >> by? >> by major newspapers, the "washington post," "the new york times" -- >> so you're not exactly -- you have to be careful. >> but it's a widespread reported story that the policy people tried to stop this emphatic statement and the political people intervened and said no, continue with it. >> would you cede that this kind of deception -- and i do believe it's deception, whether it was false or not, it's deception, right? deception -- >> it's not intentional. >> but it's deception, and when you deceive, people get hurt. would you cede that it's the same on both sides, the republican and democrat? would you cede that? >> look, i think many politicians do deceive in some way or the other. the problem is that this particular lie affects directly or indirectly every single

american. >> would you cede it's the same in the democratic party as the republican party? >> it depends what you're talking about? >> generally speaking. >> do i think most politicians deceive? maybe in certain -- >> i'm not sure what you're saying there. you may be deceiving me -- >> that was a lie, a lie. >> there are degrees of lies. >> it's no doubt that president obama's popularity, his personal popularity has taken a hit. >> yes. >> because he's now perceived by the majority of americans as not being an honest guy. >> sadly. >> that's how he's being perceived. >> that's the way the media has played it and -- >> no, the media -- they're trying to protect him still. >> "the new york times," in what you would call the liberal press. >> you're wrong there. what killed the president in the honesty zone was the tape, not the media. it was the videotape kills you. >> are you talking about the benghazi thing? >> i'm talking about mostly the health care, but benghazi, too. >> yeah. but again, a lie has to be an intentional attempt to deceive. >> but if it's on tape, the

subtlety -- >> he did say those things -- he did not anticipate the insurance companies being bad actors. >> and you, last word? >> presidential credibility and trustworthiness is a pretty fragile commodity. the american people want to give it to any president, but once it is destroyed -- >> not easy to get it back. >> it's almost impossible to get it back. >> right. >> and the difference between say the watergate lies or the monica lewinski lies by nixon and clinton is that those lies affected a small group of people. this lie affects every american and that's why you're seeing his poll numbers tank. >> because they affected less people, those are good lies, okay. >> colme is being sarcastic. >> sarcasm, yes, look it up. ahead, billions of dollars spent on the christmas holiday, even as it is under siege in some places. bernie goldberg on that. then, an outrageous situation in texas, a rich kid given a light sentence, not prison, after killing four people! four people are dead! a legal on a case upcoming. drinking plenty of water,

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"weekdays with bernie" segment. it's estimated that in 2013, this year, americans will spend about $600 billion on the christmas holiday! $600 billion! but as you may know, christmas is not universally accepted in the country anymore, although polls say most americans still respect the federal holiday. joining us now from miami, bernardgoldberg.com, mr. goldberg. in the past, you've been skeptical of my christmas refortage, correct? >> yeah. let me start out with what i agree with. i agree that it's absolutely silly to call it a holiday tree. it's a christmas tree, and most or almost all reasonable people know that. i also agree with you that it was needlessly offensive to put up a sign in times square, the

one the atheists put up that says "who needs christ in christmas." that was needlessly offensive. i'm totally with you on that, but this is pretty much where our agreement ends. i don't think there is a war on christmas. i think it's a catchy phrase, but that's about all, and here's why. someone once said to louis armstrong, probably the greatest jazz musician of the 20th century, how's it going, louis? and armstrong supposedly answered, "nothing new, white folks still in the lead." well, nothing new here, either. in december and most other months, christian folks are still in the lead. and frankly, bill, i don't know why my christian brothers and sisters out there get so worked up over this. almost all of us -- there are very few who put up signs in times square or who call it a holiday tree. almost all of us wish you nothing but the merriest of merry christmases. we want you to be happy. >> all right, but there's a couple things in play, and you can't ignore them because they're history now. nine years ago, when we started

this reportage on christmas, there were orders given by some major corporations in america for their employees, forbidding them from saying merry christmas. we outed those companies. they reversed the policy. so, today, everybody, as far as we know, any employee can say any merry christmas to anybody they want, and they can say happy holidays, they can say winter solstice, here comes the sun. they can say whatever they want. >> right, right, right. >> so, that one was fought and won. then the aclu, as you know, over the years has spent an enormous amount of money trying to terrorize certain school districts into brow beating the public schools, saying you can't have christmas carols or a christmas wreath or candle or menorah or whatever it might be. we've beaten those back. they've lost almost every one in the courts. then the state of rhode island, as you pointed out, last year said no more christmas tree, holiday tree. today the governor, this

decision governor chaffee reversed. all of those things happened because we, we attacked them, we challenged them. so, therefore, it isn't a mythical war on christmas, it's real and we just won. >> no. no. here's what i think you do that's a mistake. we live in a country of about 315 million people. there are going to be some people who want to call it a holiday tree and some people who want to put up a sign, you know, and things like that. but if there's anything to this, bill, it isn't a war on christmas, it's a battle that's part of a bigger war -- >> yeah, culture war, i agree. >> a culture war, exactly. >> right. >> and here are the two sides. conservatives think that their family values are under attack by liberals who call it a holiday tree. and a lot of liberals think that there are far too many christians who, if they had their way in this country would turn america into a christian theocracy. so, here comes the war on christmas, where somebody does something really dopey like puts

up a sign in times square or whatever, and that's just one more piece of ammunition to use in this never-ending culture war. >> well, what would have happened, and we're speculating here, but you know, we can do this educationally, if i hadn't taken this on and we hadn't challenged the stores and we hadn't challenged the aclu. >> okay. >> what do you think what have happened, bernie? >> okay, that's a good question. let's take the stores first. and i'm going to disagree with you on this, too. i think businesses have every right to tell their employees to say merry christmas or to say don't say merry christmas. i happen to think it's a bad business decision, because you're going to call this out and then people aren't going to shop there. so, they have a right to do it and nobody argues with that, but -- [ everyone talking at once ] okay, so, they would have done it. it's their store, they can do whatever they want, pretty much. >> you can't really violate freedom of speech like that, you really can't. >> look, freedom of speech only

those do with government, not with the department store. >> no, but it has to do with individual americans. >> but it's the spirit of free speech, okay, but the point is, if a store, the person owns the store, the person invested in the store, it's not your money, it's his money. if he wants to say i don't want my people saying merry christmas because it isn't good for business, i think he's wrong, but that's his right to do it. >> it may be his right, but if that had continued, if that crescendo of craziness -- >> what would have happened if that continued? >> we wouldn't have christmas greeting anymore, not in the congress. it wouldn't be there. >> it was one or two stores -- >> no, it was a big movement, big movement. >> i think you're jumping on the outliers in a country that basically -- >> no, it had big money behind it. we exposed it, they had pressure groups going right up to the ceos and threatening them. >> let's at least note that in homage to you and your holiday, i'm wearing a red shirt and a red tie. >> get some santas on that tie.

>> i wish you and all my other christian friends out there a very merry christmas. >> bernie goldberg, everybody. plenty more as "the factor" moves along. a website says i did not report honestly about the new marijuana editor in "the denver post." stossel will analyze that. then, is it legal? outrage in texas. a 16-year-old rich kid kills four people and gets no prison time. wait until you hear why. stay tuned. while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. celebrex can be taken with or without food. and it's not a narcotic. you and your doctor should balance the benefits

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stossel matters segment tonight, the website politifact, which did a good analysis of my statement that nelson mandela was a communist is now taking me to task for saying "the denver post" hired an editor to promote marijuana. the "denver post" when i worked in denver a long time ago, was a good newspaper. now it's a very far left concern, and they're promoting marijuana use. i just don't think it's good. now, politifact says the intent of the "denver post" is to "cover many aspects of the unfolding story of legalized marijuana" and that i misled you guys in that commentary. here now to talk about it, fox business anchor john stossel. here's my beef, when you hire an editor who says he's going to allow people to use marijuana, to ingest it, and then tell r d readers what the best bud is, you're promoting it, okay? you're promoting intoxication, because that's why you use marijuana. and i don't think that's right. and you say?

>> i say that is part of it. i don't think it's their main intention. >> all right, so i didn't mislead then? >> well, if you say they're just promoting it, because you did -- >> i didn't say just. i said they're promoting it. >> you cover something, you promote it. >> okay, good. so, stossel and i think that on this one, politifact is wrong. but you as a libertarian, you want to be able to smoke pot all day long, right? >> well, i don't, and i don't think anybody should smoke pot all day long, but you're -- >> just maybe at dinner time, happy hour? >> whenever adults want to, yeah. >> okay, so, that's what i'm talking about, you say whenever adults want to, they should, and you want marijuana to be legalized. >> yes. >> and you think that's good for the country. >> i think freedom's good for the country and banning it is bad for the country. >> well, what about when you have a society that has unlimited freedom to ingest marijuana and then bad things happen because, cause and effect. for example, in los angeles and san francisco, they legalized

medical marijuana, and all these bogus medical marijuana clinics sprouted up, and drug addicts went in there and got marijuana and sold it to children so that they had to close them down in san francisco and l.a. cause and effect, okay? bogus marijuana clinics, medical marijuana, drug addicts went in to make money by selling the weed to kids so they could get heroin and harder drugs. you say? >> i say that's a terrible thing and nobody should sell to kids -- >> okay, but they do and they will. >> but you want to go back to alcohol prohibition? >> no, no, don't justify bad behavior by pointing to other bad behavior -- >> but your behavior is worse for trying to keep it banned -- >> mine? >> just like -- you're like carry nation. >> carry nation. >> she was the first person who helped get alcohol prohibition passed. >> there she is. >> women's christian temperance union. she would go -- she's like you, she's big -- >> do i look like her? >> exactly, she's 6 feet tall, 170 pounds. she would go into a bar with a hatchet and smash -- >> a hatchet? i just have a knife. i don't use a hatchet.

>> you have your mouth on this popular show. >> she looks like a hells angels person here. is that a bike she's riding? there's the hatchet. listen, you're demonizing me, but you're ridiculous, because already we're seeing duis with marijuana way up in washington state. that puts you, your family and everybody else in danger. you're going to see the same thing in colorado. there's an addiction component to marijuana. i'm not a drinker, you know that. i don't justify alcohol at all, but you don't have to get drunk when you have a glass of wine at dinner or a beer in a game. when you smoke marijuana, particularly the strength that it's at now, you get stoned. that's why you do it, and i don't think mass intoxication is good for the country. >> some people do it for pain relief, other things, but most people -- >> that's a different thing. >> -- want to get stoned. you're right that when you say the wine column is about taste. marijuana, which is stronger, is about getting stoned. >> right. >> but adults have the right to get stoned. i have a scotch on the rocks not for the taste. i like the buzz i get. so what? get off my case! >> i'm not on your case. i don't care whether you are an alcoholic or not. i still put you on the air as long as you're sober here.

but i'm trying to tell you that there is a big down side to this libertine philosophy. it's a public safety issue. it's a public safety issue. last word. >> legal or illegal doesn't affect public safety. some people will still use the intoxicants -- >> some people, some people, but when they become commonplace, all right, when children can access them on every street corner, not just most, it's going to get worse. >> banning alcohol killed many more people. murder rate went up, people got drunker because it was illegal and cool. when things are legal out in the open, it's better. >> yeah, well, alcoholism in this country is an epidemic, so -- >> it's a real problem and there may be marijuana problems. >> it's going to get worse. it will be. john stossel, everybody. when we come back, outrage in texas. rich kid getting no prison time after killing four people. legal is next.

. ♪ hmm. mm-hmm.

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aluminum production in south africa, and the aerospace industry 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 their 10-year lipper average. t. rowe price. invest with confidence. request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider carefully before investing. thanks for staying with us. i'm bill o'reilly. in the "is it legal" statement tonight, outrage in texas. 16-year-old ethan couch charged in juvenile court with four counts of intoxication manslaughter after killing four people and severely injuring two others when he rammed his pickup truck into a crowd of pedestrians in tarrant county.

couch was very drunk. the texas judge, jean boyd, gave couch just ten years probation, no jail time at all, after his attorney argued the boy was a victim of his wealthy family. here now to explain further, attorneys and fox news analysts. pick up the wealthy family business. >> yeah, the defense argued that he was a victim of affluenza, not influenza, affluenza, that this father, this divorced family, a father who runs a sheet metal company, a multimillionaire in the texas area, nice, big home. the kid was getting cars by the time he was 3 or 4, a jeep, and certainly by age 13, he was driving. he had everything. the point that the defense tried to make, and obviously, worked with this judge, was that he was just pampered so much all his life, he didn't know, he couldn't figure out right from wrong. >> all right, so that's what the dopey defense attorney is putting out there. >> correct. >> now, there is no psychiatric disorder known as affluenza, right? >> no. >> it's not recognized by the american psychiatric association. >> so he made this up. >> sure. >> he said he's an adult kid, he

knew no boundaries, wanted to get drunk, he got drunk, gwante to get in a car, he got in a car. that would make me want to punish him more. i would say this kid has every opportunity and all the perks, and now he abuses them. >> right. >> i'm going to give him -- >> but he had none of the boundaries, but they say his emotional age is more of a 12-year-old. you have to understand, this isn't the first defense. >> wait, how do we know emotionally he's a 12-year-old? >> because a psychologist testified to this. >> someone who was paid. >> well, of course. this is what they do in these cases -- >> was there an independent? >> absolutely not, but this is the justification for the phony affluenza. >> so there's no independent analysis of this kid. they just hired some guy -- >> hired by the family. >> who will say anything. >> again, this is what's frustrated about this is that money upon money gets had i kid out. if this was a poor kid and there were four dead bodies -- >> ten years at least. >> at least! >> you believe if this was a poor child in texas -- >> of course. >> -- the kid would have gone in for ten years, you think?

he was tried as a juvenile. that's strange. >> i don't think he would have been tried as a juvenile. four people are killed in this. >> and two hurt forever. >> exactly. >> they can't appeal this. this is why the district attorney's office is frustrated because they're stuck with this sentence. now, he is on probation and if he violates it, he can do up to ten years behind bars. there are people calling for judge boyd to be removed from the bench, to ask the governor to do that, but you would need two-thirds vote from the house -- >> and she's also said she's not going to run for re-election, so this is it for her. >> okay. now let's go to san diego. anybody who's been to that beautiful town, it is a great place, you drive down, i think it's i-5, and you look up and there's a big cross on the mountain. let's see that cross, please. now, that's been there for more than 50 years, right? >> yes. >> yes, and it has been the source of contentious litigation since just about the point it was respected. the president's case has sort of put the judge, u.s. district judge larry burns in a bind. he's a george bush appointee. he is now currently bound by the

9th circuit ruling saying this violates church and state. these are federal lands, that's why the federal court is hearing it. he's given 90 days to have this removed -- >> so, judge larry, and he's making his own tv show, judge larry, says look, you've got to take the cross down because the aclu -- >> exactly. >> -- on behalf of some jewish veterans. >> jewish veterans, right. >> -- sued saying we don't want this christian symbol on federal land honoring the veterans. >> but here's how the government can get around this now because they have 90 days before this process -- >> appeal. >> -- to take it down. argue it's a historical thing, not a religious thing. it's been there since actually 1913. it goes back since -- >> 1913 it's been up there. now, why is it historical? why would you say it's historical? >> that's the only argument that would -- >> why? they're going to ask you, what's the history behind it? you're going to say what? >> because this was respected in 1913. it's got a history of being there for the veterans -- >> just because it's there, it's history. is there any other history

behind it? >> no, what there is is historical significance because it involved directly with the military and with veterans, so it's not something that was respected to promote religion -- >> right. >> it is just a symbol, essentially, of military service with veterans who have served and died. should you take away all the crosses in arlington cemetery? >> no, but the argument i would made is that the red cross has a symbol of a cross, and recognized worldwide. >> right. >> when people fall in battle, a cross signifies their fall. it doesn't mean they believe in jesus. >> not religious, exactly. >> if you go to france, the d-day cemetery, it's all crosses, okay? >> it's more of the universal symbol, not just religious connotation -- >> universal symbol, that's what you argue. >> but the problem is they didn't argue that in the lower court. >> as smart aas you two ladies -- >> there is still time to do it, still appeal. >> 90 days. >> appeal. >> believe me, after this show, they'll do it. all right, on deck, americans are not equal according to the

world bank. does charles krauthammer agree with that? we'll find out after these messages. 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. [ male announcer ] thisecember, experience the gift of unsurpassed craftsmanship and some of the best offers of the year at the lexus december to remember sales evt. this is the pursuit oferfection. at the lexus december to remember sales evt. ick with innovation. stick with power. stick with technology. get the new flexcare platinum from philips sonicare and save now. philips sonicare. i have a cold with this annoying runny nose. [ sniffles ] i better take something. [ male announcer ] dayquil cold and flu doesn't treat all that. it doesn't? [ male anner ] alka-seltzer plus fights your worst cold symptoms plus has a fast-acting antihistamine. oh, what a relief it is!

our "back of the book" segment, inequality in the usa. new study released by the world bank says that american income inequality's on the rise, but global income inequality's fallen. that means that here, the rich are getting richer, while everybody else remains stagnant or in bad shape. should we be ashamed? joining us in washington to analy analyze, charles krauthammer, author of the huge best-selling book "things that matter." look, this world bank study, i gave it to you and the report was, you couldn't make anything out of it. it was gibberish, gobably book guck to me, but the overarch is

the united states is no longer a place where we can pursue happiness on an equal basis. that's what president obama and the democratic party is selling all day long, hollywood's selling it. is it true? >> look, if you look at the numbers and you compare the upper fifth or the upper tenth to the lower fifth or tenth, things are much worse today in terms of inequality than they were 30 years ago, 50 years ago, 100 years ago. i think that's undoubtedly true. the question is what are the causes, and is it because of policy? i mean, part of it is globalization, whether it's a premium on intellectual property, you're a guy in graduate school, you come up with an algorithm, you call it google, and in a year or two, you're a multibillionaire. that didn't exist 100 years ago. so, education and sort of being in that culture of education i think is the most highly prized attribute, and the question is,

are we giving the poor a chance at education? and i would say that's a real issue. that's a place where you could really intervene with policy. i think the way that the democratic party, the teachers unions have had a stranglehold on the system has really reduced students like a life of real lack of opportunity. >> and i don't disagree with that as a former high school teacher and a person who was raised in a working class neighborhood. i saw my whole life those who embraced education -- >> exactly. >> -- usually prospered. those who did not, usually failed unless they were gifted in some way, like a basketball player or, you know, somebody who could do something. >> right. >> however, it is absolutely true that the main component of an american child's education is parents. and the government cannot legislate responsible parenting. and you know and i know that we have seen a diminishment, in

some cases the disintegration of the traditional family. that is the prime driver of kids failing in school. i don't like the teachers unions either. they cover for a lot of bad people. but it's the disintegration of the home that is driving the underclass, and the government can't do anything about that, charles. >> well, look, you try to do what you can do. there's no magic wand for undoing the breakup, the disillusion of the traditional nuclear family. but what we can do is for those kids with aptitude who are able to overcome the home environment, you put them in a lousy school with tenured teachers who can't teach, and we know it condemns them to illiteracy and you give them a voucher. you allow a choice to go to other schools. we know that could help students. >> let me stop you there. >> and yet you've got people who are resisting that. >> that's my next question. we've proven the voucher can

work in washington, d.c., one of the most intensely divided communities in the country. >> right. >> yet the liberal democratic party, which espouses massive amounts of money injected into the school system with no responsibilities attached to it, none. just flood the zone with money. they resist vouchers. tell the folks why. >> well, of course because the teachers unions are the mainstay of the party. they're huge contributors. >> so it's a corrupt bargain. >> of course it is. and everybody knows that. and that's one of the reasons that we're not getting school reform. i think there is no question about that, and i think it's disgraceful. and it is the well off, the limousine liberals whose kids are in the wonderful private schools who deny the vouchers to poor kids who would have a chance out of the ghetto, and they claim that it's in the name of saving the public schools, but they don't save the public

schools. i'll give you one number. liberals love to throw money at problems. the per capita spending on students in america is twice today what it was in 1970 and our test scores are the same or lower. it has nothing to do with the money, it has everything to do with the quality of the teaching. >> and it has to do with discipline, it has to do with how the schools are run and what the expectations are of the student. >> that is true, but it's hard to change what's happening in the home. we are a free society. >> can't. can't change it. >> it's easier to change what you can do in a public school because it's controlled by the government. >> all rights are charles. we appreciate it as always. the fact tip of the day, how to tell if you yourself are a generous person. the tip, moments away. [ mal e nouncer ] if you suffer from a dry mouth then you'll know how uncomfortable it can be. [ crickets chirping ] but did you know that the lack of saliva can also lead to tooth decay and bad breath? [ exhales deeply ] [ male announcer ] well there is biotene.

specially formulated with moisturizers and lubricants, biotene can provide soothing relief and it helps keep your mouth healthy, too. [ applause ] biotene -- for people who suffer from dry mouth. open to innovation. open to ambition. open to boldids. that's why n york has a new plan -- dozens of tax free zones all across the state.

move here, expand here, or start a new business here and pay no taxes for ten years... we're new york. if there's something that creates more jobs, and ows more businesses... we're open to it. start a tax-free business at startup-ny.com. the tip of the day about generosity in a moment. first, christmas eve one week away, so if you want some

very nifty gifts from bill o'reilly.com christmas store, please get on it. our usa strong line very popular this year and very moderately priced. if you get the factor tip book free if you spend $59.95 on the website, so that's a great deal. can't buy that book, by the way. the books you can buy, including my children's books, all remain big best sellers. "killing jesus" after ten weeks has sold 1,250,000 copies. "killing kennedy" still in the top 15. bill, what you and judge napolitano missed is how a plig must say marriage would affect the taxpayer. are all those wives deductible? well, the issue now is children. if utah decriminalizes polygamy, kids will be at risk.

>> you can take on the far left loons all day long but don't try to take on the libertarians or stossel. it's a battle you can't win. chad, chico, california, the population of asia minor in the third century was greek. st. nicholas was from a greek home. that is correct. larry, i'm withholding his last name, new jersey. as a comcast employee, many of us are strongly against what our leadership is allowing to happen on msnbc. bob at florida, please explain why ed schultz is breaking the rules of journalism by taking money from unions but fox news analyst karl rove is doing nothing wrong by working for the republican party. fair question, bob. almost all fnc contributors have outside jobs, many of them in politics. but full-time fox news anchors and reporters are not allowed to accept money from people they report on.

there's a big difference between a gift contributor and an anchor or reporter. it's the bribery thing. ken patterman, sacramento, california. it seems strange to me to give "killing jesus" as a christmas gift. people don't want to think about his death on the day he was born. the book opens with the birth of jesus, ken. and the reason he was born is the theme of the book. perfectly in context with christmas. tim, cumberland, rhode island, o'reilly, enjoy the factor immensely. you don't pander to either side and i love the humor with miller and watters as well. thank you very much, tim and merry christmas to you. and finally the tip of the day, generosity. it's an interesting concept because some people have so much that giving away money doesn't really affect them. but most americans are not wealthy people, yet we in general remain the most generous country on earth. true generosity is giving when it hurts, and not just money,

your time as well. when it's inconvenient. enter the wounded warriors project we've been supporting for years. they have announced a $30 million commitment to assist american military people who have been severely injured and their families. this money has been provided by you, you guys. i've seen the ads on fox news channel, we've all seen them, and you've responded. americans have been so generous to wounded warriors that a $30 million commitment will be a reality in 2014. so here's the tip. whatever you give will come back to you. one of the truisms of life. that is it for us tonight. check out the website. also spout out if you like o'reilly@foxnews.com. if you wish opine word of the day, jabberwocky a a synonyn for

something. i'm bill o'reilly. and please remember the spin stops right here, because we are definitely looking out for you. welcome to "the kelly file," i'm megyn kelly. if you were just watching the o'reilly factor, you saw how "the washington post" puts three of the top ten lies of the year right at the door of the white house. so how does the president recover from that? plus -- new tonight. since world war ii, only one other president has been in worse shape than mr. obama at this point in his presidency. we explain what that means. plus big new developments in the story of a marine punished after trying to warn of a security threat that wound up costing the lives of three fellow troops. tonight we'll hear from the father of one of those killed. plus, they brought their