control of the senate tomorrow night 7:00 p.m. eastern right here. good night from washington, d.c. the o'reilly factor is on. tonight: >> put your hand behind your head. >> more racial controversy as the new york city grand jury declines to prosecute a police officer who killed an african-american using a chokehold we have a full report. >> the tragedy is personal to this family but become something personal to so many of us. >> the mayor of the nation's largest city now actively opposing his own police force. this could lead to chaos. we have the inside story. >> got to start wearing an i patch. >> people start calling me snake o'reilly. >> the best of dennis miller, the late fall edition. >> you i balling me?

>> 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. fails to prosecute a police officer who killed an african-american. that is the subject of this evening's talking points memo. a viewer warning. we are going to show you graphic video of the confrontation. on july 17th, new york city police confronted 43-year-old eric garner in staton island. garner a low level street dealer of illegal cigarettes was not happy to see the police. >> everybody standing here. i didn't do nothing. i did not sell nothing. every time i see you want to harass me. they want to stop me selling cigarettes. i'm minding my business, officer. i'm minding my business.

please, just leave me alone. i told you the last time, please just leave me alone. >> the officers wanted to place handcuffs on mr. gardner who and the officers were initially cautious. but when they moved in, the worst happened. >> hold on. >> don't touch me [bleep] >> do not touch me [bleep] damn, man. >> put your hands behind your back. >> i can't breathe. i can't breathe. >> mr. gardner died at a hospital a short time later. the medical examiner calling his death a homicide. thus the grand jury. mr. garner had a record, mostly nonviolent offenses, was out on bail at the time of the confrontation. new york city police policy is the stroke holds are not allowed and mayor bill de blasio is clearly on the

side of the garner family. we will get to that situation, which is volatile in the next segment. now, the officer who used the hold, daniel pantaleo was called before the grand jury and testified for two hours. is he now are free and clear of any local and state charges. feds say they will investigate the case. talking points does not know what happened. until he we read the grand jury transcripts which are sealed right now, nobody can know. but that does not stop some agitators from stirring up controversy. however, however i will say that upon seeing the video that you just saw hearing mr. garner say he could not breathe. i was extremely troubled. i would have loosened my grip. i desperately wish the officer auto would have done that eric garner was obese. he had asthma. he was no condition to absorb what befell him. yes, he should not have

resisted but all americans, every one of us should pity mr. garner and his family. he did not deserve what happened to him. and i think officer peantd and o -- pantaleo and every other police officer would agree with me. he didn't deserve that that's the memo. now for the top story reaction. joining us tavis smiley. is my assessment of the situation fair first of all? >> >> i didn't know what to expect when i came on tonight, bill. i'm pleased to hear you say some of what you had to say the bottom line for me is when you sullinger earlier that we don't know wanted what. no, you weren't there and i wasn't there but that video camera is abundantly clear to anyone who will watch it what happened that day what we have here is as you already noted illegal chokehold caught on tape coroner says this is a homicide, end of story. there is no way in my mind or anybody else's mind i believe that's looking at this for what it is that we

can justify a no indictment from this grand jury. it just doesn't add up, bill. >> let me play devil's advocate. the chokehold is not illegal. it's against department policy. it's not illegal. >> that's illegal. that's illegal. >> against department policy is not a criminal offense it's a disciplinary action. >> you are splitting hairs. >> no, no, no. just let me explained officer was docketed. he lost his shield. he lost his gun. when you violate new york city department policy that is what happens to you. you are not prosecuted. now prosecutor in staton island took it a step further because the medical examiner rightly said it was a homicide because the man died in a violent confrontation. so, the grand jury sits, as many as 25. it's far more than ferguson. you have got to get 12 grand jurors in new york state to say yes, there should be an indictment. they said no. i'm with you that i saw

happened and it was very troubling. i don't think the police officer meant to kill mr. garner. i don't think he went in with that. he meant to stop him from resisting arrest. are you with me so far? do you agree with me so far? >> i disagree in the sense that the grand jury saw evidence i don't know what they saw in addition to what we saw, there is no way, bill, you could look at that vape and come back with a no indictment, period. we can go all around the block here when you are applying something that's against department policy, it's caught on tape. the coroner once again says it's a homicide. how do you come back with no indictment? hereby is my point. in grand jury system is becoming a fraud. prosecutors now, because they want to act like this was done under due process, they turn to these grand juries grand juries continue to turn back -- it to send out these no indictments and the value of black life in this country continues to --

continues every day to have less and less respect. that's the bottom line. >> i want to hear from the grand jury. and the prosecutor over there, the da in staton island is trying to get the transcripts relessed. they are sealed right now under law. i think he will. i think the public is going to have to seat rationale behind it i suspect it has something to do with the man resisting arrest and the police officer is trying to get him under control and that the grand jurors believe that they were not doing it in a malicious way. the intent wasn't -- >> bill, honestly, let me ask you, my friend. does it really matter that he didn't intend to kill him? does it matter done maliciously. >> charges are concerned. >> bill, what matters is he violated department policy. we saw it on tape the coroner i repeat for the third t homicide certain explanations have to be made. i think this would have happened to a white guy

doing the same thing. i don't think it had to do with skin color. i think it had to do with poor judgment made by the group of police officers. >> but here's the problem. what you just offered now is speculation. >> it is. >> let me put on the table. >> speculation too, tafts. >> no it's not, bill. what you are offering is speculation. what i'm putting on the table for america to see, what america does, in fact see every day are the facts. the facts are that travon martin was not speculation. michael brown was not speculation. mcbride is not speculation. sean bell is not speculation. eric garner is not speculation. these are facts and black life is being -- there is no respect for the humanity and dignity of black life in this country, bill. >> let me ask you a couple of questions, tavis. >> sure. >> do you know how many blacks were killed by police by gunfire last year in 2012. >> i do not he know that. >> number. >> the number is 123. >> do you know how many whites were killed? 326. there are 43 million plus

black americans, 123 were killed by police gunfire. and the garner thing is most of those police deaths are gunfire and not the other. so there isn't an epidemic of this. i mean it's not. when it happens it's extremely troubling. i could be wrong. >> bill, there is -- respectfully i think you are wrong. there is a pattern here and you are too smart and too bright. not minuscule. >> bill, bill. >> close to 43 million is minuscule. >> bill, bill. tell the parents of these precious young children. >> every one is valued a life. >> bill, if it were child. you would not call this minuscule, bill. that's disrespectful, friend. >> you are taking my remarks out of context. it's not minuscule that the man died. the amount of police shootings are minuscule. and more whites three to one are killed than blacks.

>> bill. do you not see in in the era of the first black president, i might add, do you not for those thought we were going to live in a post racial america elected which was nonsense then and obviously nonsense today. do you not see a pattern here where black life is being devalued, bill? >> i don't because statistics don't say there is a pattern. once again, 123 deaths out of 43 million plus is minuscule. every death is a tragedy. i'm with you. >> exactly. >> three times as many whites are shot dead by police than blacks. bill, there are more white folks in this country than there are blacks not for too much longer. i think there is a message here tonight that most americans see that it's open hunting season on black men. >> i disagree but i respectfully disagree and you are a standup guy for coming on. in tavis' book "death of a king" about martin luther king is available

everywhere. next why grand juries are prone to giving police officers a break. how will cops react to new york city mayor bill de blasio not supporting them? back to iraq, the factor has learned startling new information about the war on terror. we're coming right back. ♪

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studio, former new jersey prosecutor, i should say, robert -- let -- we'll get to the case in a moment. but mayor de blasio pretty much thrown his entire police force under the bus there, would you say? >> listen, these things have symbolic meaning obviously to the police department. they obviously feel ♪ supported here. mayor also make outreach. >> almost too late though al sharpton and the police i know enough because my grandfather was an nypd. the police have seen enough to say this mayor is not on our side. he doesn't have our backs. what are the unintended consequences of that. >> i dealt with this all the time as a county prosecutor. many of the areas people are asking for law enforcement to come in because they are ravaged by crime. murders, -- you know, people being killed. drug dealers, gang members all the time. when the police come in to those places and do the interdiction in order to eradicate those problems, then they are being mocked and made fun of. >> demoralizing mayor de

blasio's overall point of view is on the force. speculation. were you surprised the grand jury did not indict in the garner case? >> really? i was surprised. so was negative began kelly. going to trial where a prosecutor can't prove a case yawrpd. police officers given a wide latitude of discretion use of force. look at that video very critically you see they were trying to do mechanical use of force or continuing use of force. >> i understand the guy was saying he couldn't breathe, he couldn't breathe. at that point had i been the police officer involved it's easy for me to say i know i will get letters on this but i would have looived it up. counselor brown, you see it as a clear cut case of homicide against the police officer? >> well, i see it in the same way that the medical examiner saw it. i see it the same way that we saw it look at the video. we see officer using illegal

technique that causes someone's death. >> again, it isn't illegal against police department it policy as i told tavis smiley. it's not illegal. >> that's why we have something called negligent homicide. even when you don't intend someone's death and do something against policy which shows that it's unwise to do so. it's a negligent homicide. >> okay. could you have prosecuted this case as a negligent homicide as a counselor suggests? >> i think where people are making mistake, could you have prosecuted this case with the tape? could you have done it? >> i could go in and dry to prosecute a case of in this magnitude. i don't know as a prosecutor whether i would have believed. >> but you could have done it, right? >> powerful evidence. >> we van ethical obligation only to bring cases we believe we can prove yard there is a lot of wide discretion here it. it depends a lot on the autopsy report. the chokehold. >> medical examiner has ruled it was a homicide because the man died and by the way, just because you ruled homicide it's a crime. >> exactly.

>> just means you die from unnatural forces. >> exactly. >> that's what it means. counselor brown, i believe if i were a prosecutor that i could bring this case. that i could bring it in front of a grand jury and i could make a compelling case that what you just said there was negligence because when the man was suffering and saying i can't breathe, i can't breathe. just those words mean you loosen up a little bit. right? i think i could bring it. job whether i would win because he was resisting arrest. he was. the resistance that we are talking about happens at the beginning there are three officers at the scene and chokehold. you yourself bill noted it's disturbing when you watch that video and this man is going down with officers on top he can't breathe. i think anyone that sees that tape and really takes it into consideration would be able to return a verdict of guilty. >> i'm not sure about that. i think you could prosecute it in an honest way.

i don't know if the -- i can't say -- we would have to see more from the grand jury and get inside what their mind was and i hope we do. >> bill, can i just make one modern point. >> yeah. >> first of all, the fact that he is speaking, the police are trained, means that he is breathing. >> i know. is he desperate. >> and was a short period of time if you look at that video from what he was saying that that that officer was off him and the chokehold was no longer deployed. >> we don't want to try it here we do want to see the grand jury transcripts. he gentlemen thank you very much. if anything breaks on the story in new york city. we will bring it to you immediately. next on the run down, back to iraq. the factor has learned the 82nd airborne returning to that awful place. later, the best of miller. the autumn edition up ahead.

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impact segment tonight. war on terror escalates. colonel david hunt has learned that 250 paratroopers from the 82nd airborne division will soon be deployed to iraq to fight isis terrorists. in addition, there are reports that the wife and child of the isis leader baghdadi have been taken into custody. joining us now from washington ace fox news correspondent james rosen and from boston the aforementioned colonel hunt. tell me what you know about the paratroopers. >> yeah. as you mentioned, the unit from the first battalion 82nd airborne division deploying to iraq at the end of this month that will bring the number to close to 4,000 u.s. soldiers and advisors, gun carriers on the ground. so that -- we are bombing and we have got -- going to have close to 4,000. that's war. we have really upped this whole thing.

>> this hasn't broken. you are breaking the story. this isn't, you know, the pentagon hasn't announced it or anything not going to put anybody in danger. not paying attention to the number of soldiers deployed there now. by the way will have to go more to support the bun ones already there. not to mention the amount of bombing we are doing. spending $8 million a day. back at war in iraq. >> okay. it's interesting because you say that 250 paratroopers have to have at least 1,000 other military people backing them up with supply lines and medical logistics and all of that. so you have got 4,000 now. probably another couple of thousand going in to back up the four in the field. the 82nd airborne, these are hard core. these are fighters. these are people that are going to bring the fight to you. they are not people that are going to protect anything. they are coming, right?

>> the advisors guys been in the fight since they they have been there. the like the rest of the infantry guys in the army and the marines have been at war for 14 years. very very good 82nd is among the best. >> if we know where they are, these guy are likely to go in and get these isis thugs. >> very aggressive force we are deploying in the war that we have not declared back in iraq. >> i think the war in iraq is on again. let's bring in rosen now because there is a yes, no. that baghdadi, he is the head of isis, right? his wife and child was taken into custody in lebanon? is that true, rosen? >> maybe. u.s. officials are very tight-lipped about this case, bill. we do maintain security ties with the the government of lebanon and security forces. i'm told effectively right

now united states is in the position of waiting on beirut for further word as to who exactly the authorities have on their hands. ined ae know is that woman and her 10-year-old son at a check point along the syrian border 10 days ago. by all accounts that woman is an iraqi native previously held in a syrian jail at one point and at that time released as the part of a prisoner exchange 13 nuns held al qaeda. different foreign governments we have thus far received the following conflicting reports. lebanese official has claimed that this woman has confessed to being the wife of ago bad dagy exclusive head of isis. the woman's native country says her name doesn't match either of the two names they have on file for iraqi born wives. the guardian newspaper has cited d.n.a. testing performed on the boy has confirmed that he is indeed baghdadi's son for what that's worth. bottom line, it's not clear yet who she really is. whether her ties are to isis

or he will news are a. whether she were baghdadi's wife or ex-wife. she would be in a position to provide lebanon with axable intention to aid in the fight against isis. >> do you know where she is being held? >> she is being held at a lebanese army facility. presumably she is still close to the syrian border. >> all right. rosen, thank you. plenty more ahead as the factor moves along this evening. "wall street journal" columnist accused the secretary of state john kerry of lying about the nuke negotiations with iran. then, miller, the wildest things he said so far this fall, not for sensitive ears. we hope you stay tuned to those reports. protected. given new hope. during the subaru "share the love" event, subaru owners feel it, too. because when you take home a new subaru, we donate 250 dollars to helping those in need.

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looking at manhattan. crowd of demonstrators demonstrating because of the ferguson incident and the staton island incident diswo very hot topics. first secretary of state john kerry being accused of misleading the folks. >> it makes sleuth sense to continue to talk. but there is more important evidence of why we should do this and that is that we are saying and i think as i said. we have earned the benefit of the doubt. we have produced an agreement that has worked. we produced an agreement that for a year iran has lived up to. >> buy writing in the "wall street journal," stephens says the statement is false.

quote: iran will cheat on any it signs. he we know this, come to know it all over again. with us now fox news correspondent molly line and eric shawn. so, is it fair to say that john kerry is misleading the folks? >> well, the under the threshold of 2300% of the iranian enrichment that would be needed to make nuclear bomb 5%. lying and cheating when it comes to nuclear program. >> we don't know facts now as mr. stephens says look, carrie is not telling you the truth. they have never negotiated in good faith all the while trying to get a deal they are sneakingly working on nuke weapon. >> they have always potentially done that. we have the evidence of that exactly. >> huge amount of evidence from the iaea the international adominic energy energy watchdogs. they are not fully cooperating. he says they are not discussing. they refuse to discuss past

militarization of nuclear program. >> right. it. >> there are many reports at the nuclear facility they hid that they won't even let the u.n. inspectors in that why not? >> that's part of the negotiations you know me sean for a long time i'm the fayest guy on the planet. not fair to say that kerr is lying overly optimistic. >> many would say that because of the past history of iran. >> fact that there is a lot of stuff going on. obviously they are not letting it see. >> you don't want to deal like the clinton administration in in the early 90's. >> food and fuel and they totally violated. >> all right, attorney general eric holder, line, is going to investigate as we mentioned the eric garner killing in staton island. is he going to issue order about the justice department. >> in the coming days i will

announce updated justice department guidance regarding profiling by federal law enforcement. [cheers and applause] this will institute rigorous new standards and safeguards who-to-help end racial profiling once and for all. >> that will be interesting because racial profiling is in the eye of the beholder, is it not. >> that's a really interesting point. that's what the littest statistic show. rasmussen report shows we talk to likely voters, most black americans believe that african-americans receive unfair treatment from police departments. that's 82%. white likely voters say just 30%. >> okay. so blacks feel they are more scrutinized. say you are policing in a neighborhood in new york city where dominicans are drug traffic teres. they control it whory going

to watch? this is where holder makes his mistake. go ahead. >> when you talk about new york. michael bloomberg. the stop and frisk issue. he wrote this and not that long ago talking about targeting manpower in areas of high crime. he says that 90% of all people killed in our city. 90% of those who commit the murders and other violent crimes are black and hispanic. it's shameful that so many elected officials and editorial writers have been largely silent on those facts. >> that's not politically correct to i saw. that's why racial profiling again, i will be interested to see what holder does. >> numbers in ferguson interesting stuff because 86% of the stops and searches were of black people. the ferguson police department was more likely to find contraband on white people. a lot of disparity. >> that department, something wrong there. no question about it. all right. we have got to run. thank you truth serum people. when we come right back. miller time. the best stuff the d man has put forth this autumn. miller is next.

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thank you for staying with us, i'm bill o'reilly. in the miller time segment tonight. dennis miller has gone to ground. rumor is he is somewhere out in jerusalemy scaring the bears black bear population. sent miller out to get him. so in his absence.

factor producer rob genius behind watters world best of. now you may have noticed miller we have had new newscast on the factor experimenting this week and some viewers news before. roll the tape. ♪ ♪ >> so, escape from new york. escape from the factor home porn movies. ♪ ♪ listen, snake o'reilly over there.

taxes where you move it down to florida. people are starting to call me snake o'reilly. i can see you in the title role over there i don't think the movie sounds like that. i don't think the music sounds like that. i think it sounds pretty cool. >> both miller and i had a very hard time getting from los angeles to hawaii. and each flight was delayed by three hours. why? because they didn't have any flight crews. overall, what do you think has happened with the airline industry? >> listen, i have had flights that were so bad halfway through it the pilot could have came on and said we're going down and i would have said good. >> surely you can't be serious. >> i am serious and don't call me shirley. >> you don't have any options though. and when you are going to hawaii like we did, you know they are wheeling out the old equipment. for god's sake i flew over in the chitty chitty bang bang car. i went to decline my seat and i felt like i was in

amish gynecological office. the flight is madness. i get stuck in the line, getting on the plane behind his moron guy carry on trying to jam it into the jacks. get stuck in the metal detongue tore line piercing. johnny tackle box for face. setting up every freaking alarm in north america wanting to get a junkyard magnet sucking him up out of my life then they do a cavity search on me. moon river. >> mammograms x-ray machines at the airport security check points. let's use our head here. at the end of the day let me say this the last guy that the airlines want to piss off in addition to the pilot was you. >> same excuse.

we don't have any crews. all right. the flight was scheduled 8 months in advance. you think somebody might have figured out you got to have some crews on the plane. and then you show up five days later and they still don't have any crews. >> by pilot was karen black from the flick. >> plane. >> i'm trying to pass something called a piece of plelings called aba ♪ change your mind ♪ i'm the first in line. >> abba. airline bullying billy act. ♪ >> it depends on me. >> in the bolder fresher show, miller and i go to a lot of places. and one of the places we visit on the road is sophia lorenz movie, boy on a dolphin. roll it up.

>> why do you do that? >> because you lazy. >> now, miller puts forth that ms. loren has a message for everybody in that movie. go. >> first off, let me explain the beard, billy. it's one of the new droughtotoc. kill a lawn, grow your beard. bill,y if that isn't a litmus test i don't know what is. whenever they talk about homosexuality and i hear fundamentalists say get some therapy or will your way out of it. i always want to say it's my dennis miller homosexuality in the technique color film classic boy on a dolphin. if you are a 12-year-old boy and you are watching that film and 23-year-old sophia loren crawls up out of the ag after sponge diving. she is standing there and that see through gauze top.

watching that scene right there and you still want to do it with the captain of the boat, you are gay. all right? that's it. the lay of the land inarguable. if miller were here and thank god he is not. he would tell you the tickets to a don't be a pinhead tour in dallas at the verizon theater in rio rancho new mexico at the santa ana star center. amazing christmas and hanukkah gifts. that's what he would tell you. check it all out on bill o'reilly.com. link it over to the box offices if you want to he see miller and i live. miller and me live. on deck. maccallum on racial message on the net. back in a moment.

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built for business. . . . . . . . . . . tonight, did you is see that? on the tube, a guy named frederick wilson on youtube, i should say, youtube, this guy wilson put forth that black americans should do certain things. so far the youtube exhibition has gotten almost 1 million views. go. >> he yes slavery was one of the most horrific things to ever happen in human history. yes racism still exists probably always going to exist get over that he yes there are law enforcement officers out there that take things too far. abuse the power. they are species. black people it is 2014. hate to break this to you. if your life is messed up, it ain't because it of slavery. so in 2014, if your life is messed up, look in the mirror, figure out what you are doing, what you are not doing, take some personal

response damnability for yourself and your life. >> here now is martha maccallum here on fnc who is that guy. >> frederi frederick wilson, he. he lives in las vegas, nevada. he's put out what he calls common sense videos. he says you can end profiling with good behavior over the long-term. >> so he's kind of a conservative guy. self-reliance guy. >> i guess you could call him that. he's in favor of taking back your community. everyone's out there taking selfies and pictures of themselves all the time in this community and all communities. take pictures of criminals, take back your community. be responsible. it's similar to the message we heard this week from charles barkley. it's not something we hear a lot -- >> that was a debate i had with stewart about white privilege. you can't blame white people for everything. it's ridiculous. do you know what this guy does for a living? >> we couldn't find his

profession. his father was in the air force. and he -- we're not sure what he does -- >> let's try to track him down and see if he wants to come on. 1 million views. he's cooking something up. >> he says he's directing it at young black males. i don't know who the viewers are or how many fall into your view earsh earship, but -- >> you ever seen this watters world? >> i think i have come across that. >> it's getting big. watters world is getting big. it's getting big. it's building. texas tech in lubbock, texas, they kind of like these colleges. they kind of like watters world. roll the tape. >> who won the civil war? um -- >> we did, the south. >> like the one in 1955 or -- >> who is our vice president? >> i have no idea. >> right now? i don't know.

>> who did we gain our independence from? >> these are horrible. >> i have no idea. >> what show is snooki on? >> "jersey shore". >> what show is snooki on? >> jersey shore. >> jersey shore. >> and she's vice president. who are these kids? >> they're students at texas tech university. >> who are imitating watters. >> poly tech asking the questions. they talk to 30 kids. >> what kind of group is this? >> it's a nonpartisan, they say, political organization on campus. >> on campus. >> and they were seeking to find out basic -- >> they were talking to texas tech kids? they didn't know anything? >> two of them got all the answers right out of 30. >> right. >> they were criticized for editing this in a way that made the population look bad at the university. but they say that's exactly what

happened. >> so basically imitated watters world, they ask the kind of questions we do. they had 30 people, only two got them right. who was vice president, who won the civil war? >> we did. >> i said please tell me that this scares you as much as it scares me. >> i don't know that it's going to do a lot for texas tech enrollment. >> an adviser for the group who is a political science professor dropped the group under pressure. >> oh, reprisals. >> why? >> might have to send watters out to interview that professor. >> yeah, why did he drop the group? i want to know. >> i want to know too. somebody wake up watters. get him on. martha mccallum. "the factor" tip of the day, standing up when bad thigpengs happen. the tip moments away. people with type 2 diabetes come from all walks of life. if you have high blood sugar, ask your doctor about farxiga.

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georgia, regarding the war on christmas, i am tired of whiny atheists trying to bully people into rejecting the holiday. jim, pensville, new jersey. i've been an atheist forever and have no problem saying merry christmas as a greeting. it is an expression of good will. exactly. illinois, the minneapolis holiday market is selling mugs with the words christmas market covered up with a sticker. you know what, angie, if i see that anywhere, i'm gone. so the minneapolis holiday market, i'm not going. not going. one time if i see that in a department store, somebody taking tape and crossing out christmas or anything like that, if it's done by the employees, out. done, never again. dave, illinois. it's my belief that after a million words on ferguson, four words are most important, comply with police orders. hank, thailand.

based on the actions of mr. brown's stepfather, why would anyone expect michael brown to respect the police? not entirely fair, hank. each individual's entitled to the benefit of the doubt. the stepfather has admitted he was wrong to encourage arson. we don't know the extent of his influence on the deceased mr. brown. in cases that involve violent death, it's best to be cautious. don't become the al sharpton of the other side. peter remington, fla fla. mr. o'reilly, your suggestion that stossell be drug tested was way over the top. you were bullying him. looks like a drug test for you, peter, right after stosell. don't be a pinhead. baltimore, i've ridden pithy e-mails but never has one been read. you must be a pinhead, bill. we get about 15,000 letters a week, al. i'm glad we caught up with yours. larry, baja, mexico.

killing patton's a fantastic historical read, but now my cheap friends want to borrow it. i became a billoreilly.com premium member in order to get the book free, so what should i do? first of all getting the free book was smart, not cheap, larry. you're a smart guy. and now you can enjoy premium membership for the entire year. you get to post stuff on the message boards that comes directly to me. you get a private newscast daily, the no spin news. also you get big discounts on all "the factor" gear in our christmas store. so it's a great program. as for lending the book, you will not get it back once it leaves your charge. trust me. finally tonight, "the factor" tip of the day, adversity. by nature i'm kind of a hothead. i blame my ancestors from ireland who rebelled against the british crown and had to leave their country for british america before getting the noose. sometimes you can defeat a problem with sheer will. but mostly when things go wrong,

you should not react at least until you cool down. you can let your displeasure be known, but don't break anything. we're living at a time when confrontation is considered bad form where things are blown out of proportion for just about any reason. if you raise your voice even slightly, you're labeled a maniac. so don't give your adversaries any ammo when they do bad things to you or others walk away. figure it out. then strike hard if you must. think about it first. "the factor" tip of the day. and that is it for us tonight. please check out the fox news factor website different from billoreilly.com. also, we would like you to spout off about "the factor" from anywhere in the world. o'reilly@foxnews.com. name and town if you wish to opine. word of the day, no canards when writing to "the factor." and if you want to be on our mad as hell segment, separate

website friday on that. thanks for watching us tonight. ms. megyn is next. please remember the spin stops here because we're definitely looking out for you. breaking tonight, new protests erupting after a second grand jury in as many weeks decides it will not indict a white police officer in the death of an african-american man. but does race have anything to do with either case? welcome to "the kelly file" everyone. i'm megyn kelly. this latest case revolves around a man named eric garner who died over the summer after a confrontation with police in new york city. for hours now we have witnessed growing protests in new york and washington with marchers shouting about both the garner case and the decision in ferguson. right now we're getting reports that they are heading to the west side highway here in new york city. we are working to confirm that, but it has been quite a situation on the ground