start your day with "fox and friends" weekday mornings 5:00 to 9:00. thanks for joining us. we'll see you back here again next time. the o'reilly factor is on. tonight. we have reaffirmed again and again that the united states is not and never will be at war with islam. islam teaches peace. >> the president tries to rally the world to fight islamic terrorists by praising islam. is that the correct strategy? we'll have a no spin debate. >> the white house says that from now on it will start locking its doors. [ laughter ] when asked if he wanted a key, biden said i'm fine just using the doggy door. >> dennis miller taking note of the white house fence jumper. the d-man will also comment on the president's speech today. >> i think more time. >> elizabeth is teed off. >> not teed off. i'm just saying it's a

suggestion. >> also ahead, elisabeth hasselbeck and others very annoyed by president obama's so-called latte salute. >> on the list of things that you could criticize this president for, this would be way way way down on the list. >> tiniy. >> caution, you are about to enter the no spin zone. the factor begins right now. sus hi, i'm bill o'reilly. thanks for watching us tonight. president obama trying to rally the world against terrorism, that is the subject of this evening's talking points memo. speaking at the united nations this morning. mr. obama tried to be a tough guy and a statesman, both. while dealing with the islamic jihad. whether he has succeeded in accomplishing anything is questionable but he gave it a good try. many americans, including this one, are fed up with fighting the jihad without much help from other nations. every sane person knows the evil involved, yet, china,

russia and other powerful countries sit it out, letting americans bleed. that has got to stop. president obama knows it. so he is imploring the world to unite against the islamic killers. >> in this century, we have faced a more lethal and ideological brand of terrorist who have perverted one of the world's great religions with access to technology that allows small groups to do great harm. they have embraced a night mariucci vision -- mariucciish division dividing the world into infidels killing as many americans as possible. >> you would think that fact alone would mobilize to all pitch in and directly attack terrorism. many of them don't. countries like germany, spain, japan, india do little to combat the jihad. sure, they will give us intel if they have it but you don't see leadership

from much of the world. talking points has been pleasantly surprised by france. paris understands the danger and is helping out. great britain, canada, australia always help. but that pretty much ends the list of major contributors. president obama is making a big play to get muslim nations on board against the jihadists and today he hit that theme again. >> we have reaffirmed again and again that the united states is not and never will be at war with islam. islam teaches peace. muslims the world over aspire to live with dignity and a sense of justice. and when it comes to america and islam, there is no us and them. there is only us because millions of muslim americans are part of the fabric of our country. okay, fine. the more muslim nations that step up, the better. mr. obama makes a mistake by not singling out

irresponsible muslim nations. pakistan has hurt the u.s.a. and the world by harboring the taliban and al qaeda. yet, we still pander to pakistan. that nonsense has got to stop. if you help murderous fanatics, you are the enemy. let's begin to call out the nations that enable the terrorists. but that's not mr. obama's style. after all that's happened, he still sees himself as a uniter. he is still hesitant to go all out against the jihadists. >> in this effort we do not act alone. nor do we intend to send u.s. troops to occupy foreign lands. instead we will support iraqis and syrians, fighting to reclaim their communities. we will use our military might in a campaign of air strikes to roll back issa. we will train and equip forces fighting against these terrorists on the ground. >> but the president is training and equipping the wrong people.

muslims are not going to defeat other muslims. they can help, but they cannot be the major force on the ground. in iraq, there are more than 250,000 men under arms with the best equipment in the world supplied by us, the u.s.a. and that army can't defeat 20,000 isis terrorists. so give me a break. with the outsourcing, the fighting has to be done by responsible motivated people. and also please give us all a break on telling the enemy what you are not willing to do to defeat the jihad. that political move is not smart. force under the supervision of congress led by american and nato officers could drive the terrorists back almost immediately and become a very potent force in this world for stopping the madness.

the usual suspects on the far left despise that idea and so do some on the right. but it is grossly unfair to we americans for us to bear most of the cost in blood and treasure fighting the worldwide war on terror it is grossly unfair unite and defeat the brutal jihadists who murder innocent rim and children and terrorize the world including their own people. sadly, i have no confidence the world will step up and do much at all. people are selfish, frightened and apathetic to the of others. countries like turkey help the terrorists and want our help when they get into trouble. forget it, the world needs straight talk and bold action. president obama's diplomacy and statesman like posture has not worked and likely will not work in the future. the few planes flown by muslim pilots are not going to stop the jihad.

finally, it's going to take another 9/11 type attack to convince some folks that a world war is indeed underway. that means you "new york times." that attack could come at any time. because for far too long the world is tolerated the jihad. and that's the memo. next on the rundown, reaction from both the left and the right. the factor is coming right back. ♪ [music] jackie's heart attack didn't come with a warning. today her doctor has her on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack be sure to talk to your doctor before you begin an aspirin regimen.

welllllllll, not when your travel rewards card makes it so hard to get a seat using your miles. that's their game. the flights you want are blacked out. or they ask for some ridiculous number of miles. honestly, it's time to switch to the venture card from capital one. with venture, use your miles on any airline, any flight, any time. no blackout dates. and with every purchase, you'll earn unlimited double miles. from now on, no one's taking your seat away. what's in your wallet? reaction to the speech of the president at the u.n. this morning. teaching political science at iona college and from washington cliff may, defense of democracy. mr. may, we begin with you. do you think the president will be able to rally the world this time? >> no, i think that's pretty

challenging. my guess is after his speech you didn't have ambassadors from a lot of different nations coming up and giving him high fives and saying hey man, just tell me what i can do for you, i will get it done. i think what i took away from the speech was not just that president obama had a difficult time explaining the global conflict we find ourselves, in a jihad as you correctly called it. global conflict jihad: degrading the islamic state. strengthening the islamic public of iran or al qaeda rivals of the islamic state. this will have been strategic blunder of immense proportions. >> how do you see it, professor. >> i disagree. i think today we saw a president that many of us for the second term have been wanting to see. he was forceful. he was not ambivalent. he was clear to the world community that this is the number one crisis or cancer as he called it that we face

and he was clear about what we are going to do about it moreover whether or not he is able to rally the world. we have to wait and see. whether he is going to be effective doing that but, you know, he was, i think for the first time in to n. a long time tom of us president we have been wanting to see. showing leadership and taking this as a serious issue that he is ready to confront. >> i will get to you in a ve any problems with the way the speech was delivered. i thought was too heavy on muslim there, the peaceful and all of that i don't understand why is he doing it get as many muslims on board fighting the bad. the good muslims fighting the bad muslims is what he do. mr. may, you say that you don't think that the world is going to rally, all right? why? what is holding back countries like germany, for example? that's the big offender? because we saved their but the time and time again in germany. what's holding them back from saying you know, what can we do?

past generation or two is the belief that there are no military solutions to anything. that everything can be solved by talking it out. >> you let guys cut people's heads off in front of cameras and no military solution so so do whatever you want, isis. >> or leave it to the united states to take care of. the europeans have been living under our umbrella for a very long time and expecting us to carry the weight while they go ahead with whatever they do. nato is a shell of what it should be in terms of its military strength. and nato is not focused on this crisis. the professor rightly says we have a crisis. i would ask her to identify what that crisis is the crisis is not simply the islamic state. cutting the heads off of innocent people. the crisis is much larger than that it's global jihadism which take as variety of forms which the europeans have not been able to it address and i'm not sure president obama to this day understands that there is this global conflict being waged against america and the west and we have not @&c @&c@

fashion. professor,sk the hopeful thatre haslly president obama taken enough action that he is going to start to defeat this movement. number one, why do you think it took them so long and number two, what gives you hope? >> i think it took a long time because as we know he was elected as antiwar. we are going to pull out of afghanistan, we are going to pull out of iraq. >> theories will the world were wrong. is that what you are saying. >> i don't think his theories about the world were wrong. i think he made some missteps. not arming the syrian rebels was a misstep on his part. >> i disagree with that i wouldn't have given the syrian rebels the arms because exactly what happened in iraq. what happened to them. isis would have overrun them and take them. that's not the right army by the way. i don't want to get into in this i'm going to get right in behind them. what gives you hope?

>> you see a president. people know he is reluctant warrior that is absolutely true. they know he has a realistic view of what is going on a crisis not just of isis or not just much al qaeda. this is is a global terrorist threat. >> cliff says he doesn't understand even though this day. don't you say president obama doesn't understand the worldwide jihad? islamic state. isis, al qaeda which politic is another. islamic public of iran also ha jihadist philosophy that is very clear in the statements of the supreme leaders. owns syria and hezbollah, which is based in lebanon. foreign legion. unless you have strategy to fight and win against all jihadist. put out a fire here and another break out here.

>> cliche is a back a -- whack a mole situation. >> it is clear that the muslim community, the middle eastern community is going to have to take control of this. they are going to have to. >> yeah, number one, they can't fight and number two i don't think that's ever going to happen. >> united states. >> i see turkey, for example, which is a secular muslim country do anything then i will say maybe hope is in the air. james rosen james kerry wait until you see this. miller on the president's speech afternoon the white house fence jumper. those reports after these messages. there's never been a better time to come to bass pro shops than right now. announcer: bass pro shops is the place for incredible deals. like huge savings on rugged, lockable plano sportsman's storage totes starting at only $10.

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director of national intelligence james clapper says the obama administration under estimated isis and also did not foresee the collapse of the iraqi army. based upon that statement, chief washington correspondent james rosen reminded us that he asked john kerry this question some time back. >> shouldn't the fighting capability of the iraqi armed forces have been precisely the kind of thing that our intelligence services and the obama white house national security council had a better grasp of. >> until the fight is engaged, no. you don't know the answer to that i think in this case. >> this was not an intelligence failure? >> well, jim, if somebody could have found out that leaders were going to literally betray and cave in and desert, that would have been terrific. >> joining us from washington is mr. rosen and washington's chief national security karl -- karl rosen.

we don't have anybody monitoring the iraqi army. president obama pulled everybody out of there we got a big cia station there. maybe they should have known the iraqi corrupted maybe. the isis thing is just appalling. but, kerry is kind of caught in the middle because he wasn't secretary of state when all of these decisions were made. >> look, secretary kerry's answer to me amended in essence to we couldn't have known what general clapper in his mea culpa to the "the washington post" david ignatius essentially his answer amounted to was when we should have known and we didn't. that's exactly what i was driving with at secretary kerry. rare, bill, are the occasions when you have a job like mine, where you can wallow in triumph fallism. state department that propriety virtually propels

us to linger over them just a bit. not only do you have general clapper having secretary kerry bring himself to acknowledge in my interview with him. remind you of recent exchanges with jen socky with whom i have a great collegial relationship. you will remember these exchanges because as a result of them a baseless charge of sexism was mounted against from you these very precincts. i spent several days trying to ask jen socky whether we are in fact at war with isis. queries which prompted her to acould you see me of playing word games and twisting president obama's words. within 72 hours, secretary kerry himself could be. one presumes that the senior officials at the pentagon, the state department, and the white house miss psaki's own colleagues also enjoy performing the twist. >> do you feel that the state department as is has a handle on how to defeat the

worldwide jihad. >> well, of course it's not solely the task of the state department to defeat worldwide jihad. >> fine, rosen. do you feel they have a handle on it or not? >> i think they do, but it might not accord with your or my or other people's ways of going about it. there is more than one way to skin a jihadist cat if you will, and i think the route that the president of the united states has chosen is one that's going to take a much longer time precisely because he feels it should be accomplished with arab input as if multi-laterallism is the only way to conduct military operation. >> that's a good point. by the way, do you write all this stuff out or just memorize it and tell the audience? these run-on sentences. i mean, he they go on. it's like the epistle of saint paul, i mean the sentences never end. they keep going and going and going. i have to give you credit. you don't have a teleprompter. you are not reading the teleprompter. >> no. i don't have a prompter. i'm glad you know you regard

what i say as holly writ, bill. >> i say your literary style of never having a period or comment is similar to saint paul. >> one more question. kerry, after you make him look bad, does he take that personally? >> i kind of think he does. i don't think he likes me very much: he. >> he called you jim though, rosen. he called you jim. >> you should though bill in washington specifically the unsolicited use of jim is very common. i introduce myself to people james rosen nice to meet you. >> jim, let me show you the parameters of the problem. it always happens. >> maybe next time he will call you jimmy and give you a pat on the head. get over to cammeron. now, cammeron, a lot of people don't know, this but congress isn't even working. they are not even in session. they won't even come back until november, cammeron. all this isis stuff and all of this bombing, they are gone. they are not even. there is that correct? >> pretty much. i mean, look, congress did

authorize the training of and arming of the moderate syrians last week. >> before they left. >> and then they did exactly that not going to be back for roughly seven weeks until the week after the election. the election is november 4th. all get back here november 11th and at that point they are supposed to consider sort of a retroactive authorization for the use of force from what we already know has obviously happened. >> then they have christmas vacation coming up in december. now, how much do the house of representatives, how much do they make, congress people make? how much. >> 174 grand a year. congress is a great gig. they get up to 60 staffers, huge expense accounts, a base pay of 174 grand. leaders get a little bit more, actually. it can go up to 230 for the house speaker. >> what's the expense account? >> well, in the house they call it the members representational allowance. the average is about $1.2 million a year. you know you have got 435 members. so you are talking half a billion dollars for the house allowance. >> so they get 174 k salary

and-million-dollar expense account where they can do it and what about the senate? >> better if you are a senate. they get $3.2 million. >> whoa. >> that's $800 million so far for expenses. don't forget they get subsidized healthcare under obamacare, of course. >> out of that money they have to pay their staff. >> government retirement. they get free parking on the hill. >> how much money do senators make? >> it's all 174 and then it goes up depending on leadership. >> okay. pretty good gig. now we know why they never want to give it up. they are there forever. >> they only work three days a week. >> if that. plenty more ahead as the factor moves along this evening. miller on the president's anti-terror speech today and the white house fence jumper. also mr. obama's controversy latte salute. should the nation be offended? martha maccallum will tell us. we hope you stay tuned to those reports. [meow mix jingle slowly and quietly plucks] right on cue. [cat meows] ♪meow, meow, meow, meow... it's more than just a meal, it's meow mix mealtime.

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true syrian segment tonight. is bombing syria violation of international law as putin says. and did nancy pelosi tell the truth when she said this? >> as a whole, this has been called again and again a do nothing congress. 142 bills passed into law by this congress down from 906 in 1948, famously also do nothing congress. >> so you can imagine how nothing this is. >> do you feel some culpability lies with democrats for that? >> no, i don't at all. >> none? >> let me say give lebs of

both sides this or that. no we never treated president bush the way they treat president obama. >> wow. here now to report on the whole truth and nothing but the truth. ace news correspondent. what about nancy pelosi is there anything that she says that democrats didn't treat president bush like they treat -- republicans treat obama in. >> punching bag. suffering from selective amnesia. i know she hasn't been around since 1864. in that election, george mcclelland the democrat, against one of the greatest presidents of the united states abraham lincoln called lincoln a well-meaning b.a. baboon. this is part of the republic. >> let us amplify sean's point by rolling this tape. >> bless his heart. the president of the united states, a total failure, losing all credibility with the american people on the economy on the war, on

energy, you name the subject. >> he hasn't been somebody that listens to other people. we all know the swagger and his arrogance. >> president bush's statements about children's health shouldn't be taken any more seriously than his lies about the war in iraq. the truth is that bush just likes to blow things up. >> i think complete embarrassment to the bush administration to have a piece of legislation out there that is so confusing this they can't even explain it to anyone themselves. >> all right. now even putting ms. pelosi in your seat, where she watches herself, she still wouldn't say that she mislead everybody. would she? >> you know, what's also very big is calling the president a liar. >> that's what stark did. >> that happened on both sides. joe wilson the congressman. did he that. >> each side does it and for miss pelosi put out that the democrats aren't as bad as republicans is not really true. >> it happens both ways. if you can't stand the heat. harry truman said to get out of kitchen harry truman,

everyone, as he made his waffle. all right line, now it's your turn. putin that nobel peace prize candidate says that the united states bombing isis in syria violates international law. is putin lying? >> interesting, start kicking right off with who is leveling these accusations with iran and russia. russia who a lot of people find that very rich. so concerned about the sovereignty of another nation considering what we saw in ukraine. the argument we are making is for this to be legal on international level for the strikes against isis in syria, you would have to have either the permission of the syrian government or permission from the u.n. security council. now, it's true that the united states went in without the permission of damascus. in other words, they informed damascus that we're going to get this done. we are not cooperating with them. we have this coalition of five other partners, arab nations that have joined us in these hits. but, essentially the argument the u.s. makes for this being legal is one of self-defense. they cite article 51 of the

u.n. charter which recognizes the inherent right of individual or collective self-defense. and they make these points in a letter. drawing everything out. the u.s. ambassador sent to the u.n. security council general. >> here is what they did. they being washington. you saw the little report about the al qaeda group. i forget the name. first time i have ever saw -- >> -- khorasan. >> say it again. >> the khorasan group. >> the khorasan group. and they said, you know he what? they were making bombs to blow up the united states. that's why they did that. now, i don't know about the khorasan group. i don't know what they are doing. but that wases -- was the justification of what you just pointed out. >> that's the self-defense argument. >> that's what the self-defense is. >> make collective argument about iraq. that's one of the more important parts of the letter. iraq made it clear it's facing this serious threat. iraq made it clear that they need help. >> the bottom line is united states doesn't care what syria says or the united nations so what. can you say whatever you want. but, the u.s. should declare

warren othe jihad and worldwide terrorism. therefore, if they declare war, then the legal authority comes to us. all right. so that is the truth serum segment tonight. thank you much. >> thank you. >> when we come right back, it will be miller time. the white house fence jumper and president obama's speech on terrorism today. miller is next. [ female announcer ] we help make secure financial tomorrows a reality for over 19 million people. [ susan ] my promotion allowed me to start investing for my retirement. transamerica made it easy. [ female announcer ] everyone has a moment when tomorrow becomes real. transamerica. transform tomorrow.

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thank you for staying with us, i'm bill o'reilly. in the miller time seeing want tonight, did president obama succeed today in rallying the world against terrorism. joining us now from santa barbara, the sage of southern california, mr. miller. so, what say you? did he rally people out there in san da barbara ready to sign up for whatever? >> you know, billy, it that was the best speech i have never watched. no. the thing about barack obama is he is finally giving speeches that he usually gives about global warming about terror. i don't know how he has such a bug up his tukus about terror now. using unleaded in their vehicles. he. >> isis is selling oil.

you know whantsdz, miller? his numbers fell below 40%. his poll numbers. particularly after the beheadings. and once you go south 40%. president obama's coalition, people who love him. then he has to change. that's what drove it. i think he is outraged about these people. he doesn't really have the stomach to confront them but he had to do what he did. wasn't a bad speech. okay. >> you know how screwed we are, billy, four out of ten americans still buy this guy. doesn't he look like john aston when he he has kerry sitting over his shoulder. looks like lurch sitting side car there. >> the white white house jumper there have been since 1976, 23 people who have jumped over the fence. and the latest one jumped over the fence and actually got to the white house door now he has been arrested and

his name is omar gonzalez. i think he was at one of the bolder fresher shows, miller, didn't we meet him? >> listen. if you want to make a million dollars get big foot to jump over that fence and videotape that. just watch him. that kid is lucky they had biden on the leash that night. if you would have seen jar jar coming at his threat it would have been like david mcnaughton like american werewolf in london. everybody is hopping the fence. the only guy straddling the fence is the guy living in the white house. he is the fence strad ler. everybody else is going over it like high hurdles. >> the secret service obviously embarrassed. >> yeah, they are doing a great job. >> i mean, really, just think about it. step back. i like the secret service and most of them are very professional. me too, only 23 people jumped a fence. great job. if they weren't there, could have been two dozen. >> you jump the fence and then you walk across the big lawn and you go right up to the door and nobody tackles

you or stops you or bazooka shell doesn't come out and blow you away? i think they are all watching the factor, miller. >> started this egg isment they do a great job and we love them. god knows any time a citizen can jump over the fence and make it all the way into the president's residence, here's the good thing about obama. even when he is in residence there is nobody home. it works out. miller, were you in a fraternity when you were in college? were you a frat guy? >> well, we had to play basketball in the intermural league, so yeah i was on a frat team. >> wesleyan college, a nice college in connecticut. they are saying now that fraternities have to admit ladies who used to be from a tergets fraternities and

sororitiys women. now to be inclusive, the fraternities have to admit the ladies. >> i was thinking about that what sort of woman's to be in a fraternity then it hit me i guess they are all lel. >> why would you want to be in a fraternity with a bunch of guys unless you are a wesleyan. it's perfect that wesleyan is in middletown, connecticut because they are trying to neuter everything around. they won't be happy until we walk around with one sport. the fork and the spoon together. that's what's coming down the pike? because they are great too. they are as great as the secret service and they are as great as whoever the hell else is great. >> i want to pro-he pose to the wesleyan authorities, who are enlightened. we have to admit it politically correct. geniuses. they are academicking. they are looking out for all the students. there they are.

joshua borger and michael roth, these guys are geniuses. but before any ladies join a fraternity they should be forced to watch animal house. forced to watch the movie to at least know what they might be walking into. >> here's the best we can hope for in a world gone completely mad. you all realize that watching the world has gone completely mad. event actually sports will be all men and fraternities will be all women. and then we will be back to where we should be and nobody gets their feelings hurt. >> i know. what about the hazing though? that could run into some problems if you have the co-ed fraternity because the hazing thing, that gets a little rowdy, does it not? >> listen, any woman who tells you she wants to be in a fraternity is just doing it to be -- to bust chops. because, fraternities are scanchy, weird, i'm telling you. >> not all of them. but some of them. >> are you you kidding me? every one i have ever been.

in you want to be in there with a bunch of guys running around in boxer shorts and shower every couple weeks and all they do icps= talking about hitting on women? come on, why would a woman -- i'm telling you, my original theory is good. only leslans would want that. >> bluto would want that. quick note, we will announce some brand new live shows for next year very soon. this year, 2014, just a few tickets remaining for philadelphia on saturday, october 25th. chartston; great fall foil oij up there. bill o'reilly.com. very controversial latte salute by the president. martha maccallum and i will discuss it upcoming.

back of the book segment tonight, did you see that? and we begin. with president obama's so-called latte sleuth to a pair of marines guarding the marine one helicopter. >> we have got a golf talking trash talking leading from behind i got no strategy usama bin laden is dead, g.m. is alive, a community organizer commander and chief, how disrespectful was that? >> wow, i don't think karl rove likes president obama. here now to help us out, fox news anchor martha maccallum. see her with hemmer 9:00 in the morning eastern time. >> yeah. >> i was on "fox & friends" this morning killing patton and elisabeth hasselbeck very upset. and she read some tweets, big tweet that "fox & friends" whatever that is. then there were veterans who

totally disrespectful. you say? >> veterans are not happy. many of them. they think that the president doesn't respect them. many of them. and this fed into that notion it doesn't help that he is dealing with a very differing opinion with chairman of the joint chiefs of staff and the secretary of defense on whether or not we can have boots on the ground. all that said, i think this is a nonissue. i don't want the president spending 20 seconds worrying about this latte moment. he has got a lot on his plate and we have bigger fish to fry than worrying about this. >> small ball, i'm just happy he didn't have a slurpee because it would have went right out thereof on the marine guy. what is the tradition of presidents saluting the guards? >> it's interesting. because it feels like they always do it. president reagan started it it 1981. he was the first person to sort of establish that greeting as he got off of marine one or air force one. and it really has carried on ever since then. technically in military terms the president is not obligated to salute when he gets off the plane.

any superior who is not in uniform is not obligated to salute. it's a sign of respect. >> okay. >> but you got right all those times we just showed. >> i don't think he did -- i'm coming at this from the fact i know president obama helped me with the wounded warriors and wheelchairs a lot. so i don't think he's got any animous toward veterans. it's against the law to lurk around trying to take pictures of people for your own gratification. they call it this uplift skirt thing, people trying to take pictures when you're unaware. but a judge in texas, an appeals court judge, has ruled that law is unconstitutional. tell me about that. >> so this is a case of a photographer who took 26 pictures of women and children mostly at a san antonio water park. he was under the water taking pictures of floating legs and arms. it was determined by the parents they said what are you doing? they brought charges against him. he then countersued and said he

thought this law was unconstitutional. that it's his first amendment right and protected as an artist essentially that he should be able to take these photographs. he said you're going to have to ban every streelt photographer and anyone along those lines if you want to do this because the court upheld his desire to ban this and then it went to the highest criminal court in texas and the judge there agreed. >> was he convicted of a crime this photographer? >> initially. no, he never got that far because -- >> he blocked the prosecution. >> exactly right. >> the judge said it was artistic expression. >> she said the camera is the photographer's pen and paintbrush. my feeling is that when you look at this as a judge, you have to determine whether or not these pictures are lewd or disgusting as the police determined these in 76 pictures from this guy and found that they were completely inappropriate, these pictures. this law does not talk about, you know, pictures that are taken in locker rooms or under dressing room doors. that is still against the law in texas. this is a separate category.

and it claims that this kienld of picture is basically open to interpretation and first amendment protection. >> was it any -- was there anything about it being in a public place? if you're in a locker room, you have the expectation of privacy. >> that's exactly right. >> if you're in a water park, people can take your picture. >> that was part of this judge's determination in this case. but i think, you know, the other big thing that was left out of this was the whole issue of broadcast and transmission. today i think when people freak out seeing pictures taken is that it's going to be online. and i think it was really an oversight for the judge not to address this part of the law when they took a look at this. >> martha maccallum everybody. "the factor," making money while having fun. the tip moments away.

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yesterday ran about 20% higher than for "killing jesus" out last year at this time. number one on amazon. going great on barnes & noble. we thank you all. you can read the opening pages of "killing patton" free on billoreilly.com. and if you become a premium member on the website, you get the entire book free of charge. now the mail, myrtle beach, south carolina. mr. o, you have done the impossible again. you detailed plan for an antiterror mercenary force is superb. tom o'brien, completely ridiculous ideas. good thing you are not in charge. details for my plan are posted on billoreilly.com. we want to know what you think. so we got a new poll question on the website. do you think an anti-terror mercenary force paid for by coalition nations is a good idea? yes or no? do you think an anti-mercenary force paid for by coalition nation is a good idea?

gary allen, studio city, california. the reason nothing is happening with the bergdahl investigation is the same -- the administration knows if you stonewall long enough, people lose interest. dave, apache junction, arizona. bill, never have i seen anyone foam about the children and machines as much as you. you rant and rave but have no solution. my job is to alert the folks, dave, to danger. and i am doing that. the solution lies in monitoring kids on the net. ryan don hue, centerville, virginia. bill, you told megyn kelly you are older and wiser than she is. you are half right. everybody's a comedian. jack, north carolina, have a question, was "killing patton" the most interesting of your books to research? interesting question, jack.

"killing jesus" was the toughest book to research, but "patton" was perhaps the most compelling because there was so much going on. i thought i knew a lot about world war ii, but i didn't know much. stuff i found out and is unique and will keep readers up late at night. miami, florida, i received "killing patton" in the mail yesterday, haven't been able to put it down. great book. i appreciate that. "the factor," making money and having fun. back when america was just getting started, the barter system was big. colonists traded stuff and saved scarce currency. you might want to consider this. start a barter club where you live in your neighborhood. every other saturday morning for example you get some friends together, you put up tables and you display stuff you want to trade for things you need. sometimes the trades will be equal so some money might change hands.

it's like a flea market but neighborhood driven. i can almost guarantee within a few months folks are going to come from all over because a barter situation is fun and profitable. you'll meet new people and save money on things you might need. also, if you have a skill to repair things or do something, you can barter that skill. i'll come over and i'll fix your hose if you give me a microwave or i don't know. you know what i'm talking about. so let me know if you try this. "the factor" tip of the day. that is it for us tonight. please check out the fox news factor website which is different from billoreilly.com. also, we'd like you to spout off from anywhere in the world. o'reilly@foxnews.com. word of the day, do not be an enigma when writing to "the factor." we have moved the mad as hell segment from thursday to friday. it will be up this friday. if you are mad as hell about something, you can write to this address. we'll have that segment for you

on friday. again, thanks for watching tonight. ms. megyn is next. i am bill o'reilly. please always remember the spin stops right here. we're definitely looking out for you. breaking tonight, president obama declaring humanity at a crossroads between war and peace trying to rally the world in a generational fight against terrorists. welcome to "the kelly file" everyone. i'm megyn kelly. at this hour the smoke is still rising from more than a dozen new air strikes hours after president obama returned to the united nations this morning. he spoke today from the same podium where one year ago he announced the end of a decade of war in iraq and the dismantling of al qaeda, a claim he made repeatedly at that time while touting his fulfillment of this campaign promise from when he was