go to gretawire.com. should department of justice decide whether torture is enhancing interrogation or not? o'reilly factor is on tonight. >> i never heard from anybody whatever you guys do about this terrorism threat, please, please don't overreact. >> the cia striking back at the senate torture report released by democrats. a very intense media debate under way. we will have the inside story. >> any fair minded person looking at this would say that some terrible mistakes were made. >> but president obama's own cia chief, john brennan, says the torture report is not accurate. how embarrassing is that? >> he walks into the office, meets mr. elvis presley. said how do you do, what do you

do. >> he said what do you do? >> also, the incredible story of a hollywood actress doing films with elvis becomes a spiritual leader. >> caution, you are about to enter the no spin zone. the factor begins right now. hi, i am bill o'reilly. thanks for watching us tonight. the truth about the senate torture report. that's the subject of this evening's talking points memo. many fair minded americans are confused because a report by senate democrats accuses the central intelligence agency of torture, bad management and lying. but at this point every single cia leader since the 9/11 attack has refused to endorse the report. and three of them wrote a scathing op-ed in "the wall

street journal," calling it bogus and dangerous. every american should read that op-ed. as i said, the days following 9/11 were filled with chaos. america expected another al qaeda attack and there were plots investment. because the cia had failed to detect the al qaeda attack on 9/11, that killed nearly 3,000 americans, the agency was under intense pressure, and so when terrorists were captured, intense pressure was put on them, and in a few cases harsh interrogation methods were used. president bush and vice president cheney ordered those coerce techniques and both men stand by them today, saying thousands of lives were saved by information gathered. the democrats on the senate intel committee dispute that saying nothing was learned that couldn't have been gleaned by nonviolent interrogations. based on available evidence, talking points is siding with the cia people. look, we're fighting a war. i have a book on world war ii,

killing patton. bad things happen in war. ar the germans mass kerd americans during the battle of the bulk, u.s. troops shot and killed germans were their hands up to surrender. that was wrong. the u.s. command overlooked it, understanding tremendous emotions involved. it is the same thing with coerced interrogation. but opinion lines are drawn on ideology. listen to this exchange between nbc news anchor brian williams and former cia chief michael hayden. >> what if you, got forbid members of your family, had to undergo some of the treatments we are reading about in this report. can you personalize it in that way? >> i actually think, brian, that my concern or my outrage, if that were ever done to any of my family members, would be somewhat mooted if my family members killed 3,000 of my citizens. >> then there's president obama who doesn't really know what to

do here as this sound bite makes clear. >> i don't think that you can know what it feels like to know that america has gone through the worst attack on the continental united states in its history, and you're uncertain as to what's coming next. so there were a lot of people who did a lot of things right and worked very hard to keep us safe, but i think that any fair minded person looking at this would say that some terrible mistakes were made in allowing these kinds of practices to take place. >> mr. obama's own cia chief, john brennan, says he does not believe the senate report. quote, our review indicates that interrogations of detainees on whom coerced interrogation was used did produce intelligence that helped thwart attack plans, capture terrorists and save

lives, unquote. the president and his cia chief differ on a very important situation. what it comes down to is you, the everyday american. the truth is mistakes were made, but they were made in the fog of war to protect americans. we're not a torture nation and the leftwing which drives stories like this is incredibly irresponsible. >> we tortured and still have al qaeda, we tortured and have isis. we tortured and didn't stop the resurgence of this violent islam. torture didn't work either. >> that's one of the dumbest statements i have ever heard. everyone knows aggressive tactics towards al qaeda have decimated that group, led to the demise of osama bin laden, and prevented another 9/11 attack. every sane person knows that. final question. who would you rather have protecting you? bush and cheney or miss walsh

and her cohorts? that's the memo. top story tonight, john yoo, legal council at department of justice was deeply involved in the legality of interrogations. he joins us from berkeley. professor, please explain what you did. >> i worked in the justice department as you mention and my job was to review legality of a lot of policies after 9/11 ranging from invading afghanistan, guantanamo bay, interrogation measures and surveillance. and i was there until -- from before 9/11 attacks until after the invasion of iraq. >> you were a busy guy. so when waterboarding came across your desk, what did you say? >> it was a hard question. i think most of the enhanced interrogation measures would strike most americans as you put it in your talking points quite reasonable. torture under our law is

prohibited, but waterboarding which doesn't cause permanent physical injury was a close question. also, we have to remember that we were asked this question because of a particular person, abu is a bad a, captured in pakistan, thought to have information on pending attacks. we were just a few months after the attacks. 3,000 people had been killed. we knew little about al qaeda, stunningly little about al qaeda at the time, we knew they wanted to carry out pending attacks. i think any responsible president of either party would have ordered enhanced interrogation under those circumstances. >> you looked at it, reviewed it, said it was okay under the law. the senate intel people say no intelligence, none, was gleaned through those methods. and you say? >> i think that's mistaken, i think that's a product of the bias way the report was done. no republicans were involved in the report, and incredibly as a lawyer, find it incredible, no

interviews of witnesses involved with the interrogations. >> you weren't interviewed? >> i was never interviewed, no one ever contacted me. i don't believe anyone in the white house or justice department were ever interviewed for this report. it is stunning, it is as if you had a trial and the judge said only the prosecution gets to put on the case and no witnesses can be put on. >> why are you convinced we did get actionable intelligence that saved lives. what convinced you? >> you can look at the report itself, what the cia directors have said on the most important issue. you mentioned it in your talking points. the most important issue, did we get bin laden because of these interrogation reports. now, the senate democrats say oh, well the name was a courier, who everyone agrees led us to bin laden was in the cia files, and that's true. before the interrogations take place, but that's a red herring because there are hundreds if not thousands of names of suspected al qaeda people in cia files. it was only interrogation of khalid sheikh mohammed, planner

of the 9/11 attacks and other high ranking al qaeda leaders that allowed the cia to focus on that name, say that's the guy we need to find, he will lead us to bin laden. without those interrogations, he is just another name in another file with hundreds of other names. >> and he broke under waterboarding he was subjected to. looking back on this, do you have any moral problems with what you justified in the justice department? do you have any moral problems at all, did you make any mistakes? >> of course as you said there were mistakes made. i attribute a lot of the mistakes you see in the report not to what the senate democrats think is some conspiracy to cover up brutality for no reason. i think what happened, you actually pointed out, there's a fog of war here, it was chaotic in the months after 9/11. the cia was asked to stand up and start detention interrogation program from zero to 100 miles per hour in a course of weeks and i think it is amazing the success. we have not suffered a major

attack on the united states home land for the last 13 years. that's an incredible record. that's the way i think about it morally. yes, morally i have issues with having to do something like this, but in extraordinary circumstance, in an emergency when thousands of american lives are at risk, i think it would be to me, the moral choice is to save the american lives, even at the price of the rights of some al qaeda leaders. >> professor, we appreciate it. thanks very much. >> thank you. next on the run-down, big trouble in congress as members take sides on the torture deal. cameron rosen with a report. and do they know the facts or is it a mob mentality? those reports after these messages.

members of congress are deeply divided over torture accusations against the cia. joining us, james rosen and cameron. tell me about senators feinstein and mccain, opposite parties and ideologies, but they're together on this. >> i think we were talking about mr. yoo, that was a $40,000 investigation. john mccain is a rare gop ally on the report and its release. mccain was tortured as a pow in vietnam, he has long said those techniques were troublesome, he thought it could constitute torture, such things compromise america's moral high ground. he is a lone republican to be in support of this. an example of where things begin to break was south carolina republican lindsey graham, a big mccain buddy. he says basically the obama administration has gone way too far, that democrats releasing

this is provocative, the obama administration has gone the other way granting miranda rights and lawyers to foreign terrorists. republicans for the most part are against it. >> so are you saying that mccain is alone? he is the only republican senator supporting this torture report? >> well, he also defended its release, saying transparency is important to the american people. >> i said that, too, but he's defending the body of the conclusions. >> well, he is. >> no one else on the gop side? >> they have remained largely silent. another example one might have thought could have been more critical, maine moderate republican susan collins. she, too, has come out and said she has big objections to it, as mr. yoo pointed out, principally because she said the report is flawed because of lack of cia officials and documents. >> i invited senator mccain and senator feinstein on the factor tomorrow and we hope they both

appear. is this going to die out or does this carry on. >> well, it will carry on in this sense. you have people all around the world calling for prosecutions. >> rosen will handle that. >> it is going to die in congress because in a matter of a couple days, republicans and democrats alike hope to be gone for the holiday. >> new guys come in -- >> the justice department reiterated today that they looked at the senate report, conducted their own investigation, and there aren't going to be prosecutions in this. that tells you as a political matter on the hill. >> it is done. >> democrats may continue to rant, republicans don't have to fear it. >> president obama is not behind it, you can see he is equivocating. >> rosen, in the state department and pentagon, are there any specific worries? we know the foreign press is running with this and false headlines, are there any areas they're worried about off the senate report? >> first, bill, i am afraid i have to caution against the use

even for shorthand purposes of the term the cotorture report i also -- >> don't be a pin head, everybody knows what i am talking about. is there any concerns overseas specifically that this will incite violence? >> when secretary kerry who agrees with the content, wanted it to be released, nonetheless called senator feinstein friday to remind her of the timing. what he had in mind is the fra jilt of foreign policy initiatives from the newly formed government in iraq to maintenance of the coalition against isis. some time ago in anticipation of the report, the state directed all chiefs of mission at embassies and consulates to review security pos terse and seven chiefs of mission norway to thailand to afghanistan and pakistan have issued security messages in anticipation of possible violence. there is the matter of the

american allies that hosted black prison sites or supported the cia interrogation program. i am told u.s. officials up to secretary kerry and president obama made outreach to the governments to alert them to release of the report and reaffirm support. >> thanks very much. we appreciate it. you guys should know many senators on the intel committee are too fright end to come on the program. i'm not going to name them, believe me they are scared on both sides, both parties. racial protests around the country are intensifying. but a new poll says we are divided nation on race.

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. new poll from cbs news says race relations between blacks and whites at the lowest level since 1997 the question, do you think race relations in the usa are generally good or bad. 45 certificates said generally good, 43% generally bad, among whites. obviously the ferguson and staten island grand jury is driving some of that opinion. >> do you know over 150,000 cases came before the grand jury and that only 11 cases they didn't come back with indictments. it is like lightning striking the black community over and over and over again. >> here is mr. simmons who made that statement monday, co-founder of a music label def

jam. >> you know it is federal grand juries. doesn't have anything to do with local policing or state policing. i believe the strive between poor blacks and police is driven by black crime. nexus point. do you believe that? >> no, i believe that we can create a good relationship between police and community with sensitivity training for the community and for the police. and i recommended to the mayor today a good person to help him with that, i think he is going to take that advice. let me say, i spoke to the attorney general, governor and mayor in the last 12 hours. all of them are in agreement, and the governor is prepared to make an executive order to get special prosecutors in cases like these. >> i don't have a problem with that. >> of course. >> talk about the wider issue than the new york city issue. i said on this air i was disturbed by what happened in the staten island case, so did charles krauthammer, judge

napolitano. all americans should be disturbed. but the bigger issue you're not acknowledgin acknowledging, the astronomical crime rate among young black men, violent crime, drive suspicion and hostility on the part of the police that have to deal with it. you won't acknowledge it, russell, you won't acknowledge it. >> let me say to you, broken glass laws, the way the police approach community is a problem. the police are afraid of the community. it is true. and i think that requires some sensitivity training. and that is where we have to start. if we want to start with the core, if there is crime or prison culture that ensues in the black community, or if the fabric of the black community is in some way disrupted has everything to do with your war on drugs. the 95% of the people that go to jail for nonviolent first time offenses are people of color. >> selling heroin and crack on

the street a violent crime? >> what i am saying -- >> that's an easy question. can you answer that question. russell, wait. >> 95% of the people incarcerated -- >> am i invisible? are you not hearing me? >> not black versus white. i don't think so. >> you and i have a final disagreement because i think selling hard drugs is a violent crime. >> i think vicodin is a hard drug. >> devastated poor black neighborhoods, in chicago there's an epidemic of violence driven by drug gangs. i haven't seen you there. >> i go to chicago all the time. >> haven't seen you. >> they have violence programs in 30 cities, including chicago, that i fund. >> russell, you have not been there, condemning the black drug gangs for gunning down 13 and

14-year-old kids. you haven't done it. >> you know what's interesting, bill, when you talk about the violence in the black community, 50 or 60 or 70 kids were shot in one week in chicago. >> by other blacks. >> it comes like this. >> right. >> you talk about the missing white girl from brooklyn, goes on a month. every weekend there's violence in those communities. what we're doing about it is negligible. what we could do, and the reason for that violence in those communities comes from this whole jim crow system that is the prison industrial complex. we have not addressed the core, the root. >> if you don't think selling drugs, you're never going to solve it. >> the root of the black crime problem -- >> drugs are not violent. >> i am going to give you the last word. here is where you're so desperately wrong. you are a good man, but you are so desperately wrong, it pains

me to talk to you. >> i feel the same about you, bill. but i like you. >> crime is driven by dissolution of the family, no supervision, kids with no fathers. the black neighborhoods are devastated by drug gangs who prey upon their own. that's the problem. not the industrial prison complex. all right? last word. >> the violence in the black community is driven by those innocent, nonviolent drug offenders who are locked up, educated in criminal behavior, and dumped back in the hood. >> you would let them walk the street and sell heroin, and i won't. that's the difference. russell simmons, stand up guy. can i get a hat like that? plenty more as the factor moves along. a government report on charities run by gaga. misusing donations. and miller has strong opinions about the senate report on torture. hope you stay tuned for those reports.

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an amazing situation just in time for christmas. in the 1960s, an actress doll or he is hart, some thought would be a big star. then something dramatic happened to delores hart. what occurred might be called a miracle. >> you're a young woman, you want to be an actress.

you go to hollywood. they love you. you get into a movie with elvis presley. >> i wanted to be with you. not only here, i want you with us on the road wherever we go. >> they don't need me and you don't need me. you're going to the top and you're going alone. >> tell me about the first meeting with elvis. >> first year in college. i walked into the office, and meet mr. elvis presley. and he stands up and he comes over, says how do you do? he said what do do you? >> the week before he had been on ed sullivan show, it was a big controversy. you being a college student, you didn't hear about it. >> i did not have the slightest idea what it was, until i went back to school after the girls saw, heard about my interview, and they said what, you're nuts!

♪ >> very, very sweet, and very humble in his own way, and he was a mother's boy. >> once you found out it was elvis presley, you're in this movie, shooting the film, you have a kissing scene, you're his romantic interest. was there anything between you? >> the kissing scene was with 200 people. the moment we got lips to lips, the director said cut. i was like oh, my gosh, i made a mess of this? >> i think this is one deal i can handle by myself. >> you didn't have anything off the screen or anything? >> he did not. in fact, he asked me out and i said elvis, i would love to do this, but i don't believe in mixing work and pleasure. >> really? you said that at 18? >> i said i've got to get up at

5:00 in the morning to be here and ready at 8:00. i said i would be a wreck if i went out at night on a workday. >> so then you did a series of other movies "where the boys are" and then king creole back with elvis. >> don't give me that, i saw you looking. >> you're pretty sure of yourself, aren't you. >> well not always. >> did you become a secular person in the hollywood tradition? >> i learned very soon that the values of being in hollywood were not what people thought they were. >> what time you get through work? >> why? >> i thought i might meet you. >> what do you think i am? >> i'd like to find out. >> now you're 24 years old. you have a nice hollywood career going, beautiful woman. you're engaged. all of a sudden you have a spiritual awakening?

>> i had come to know regina laudis in new york. a friend of mine told me there was a place i could go up north for a little rest, the play was in nine months. bill, the minute i put my foot on the ground, something in me fell in love. so i went to see mother benedict, and i said to her what would you think of someone like me as part of your community? and she said doll or he is, go back and do your hollywood thing, you're too young for this. i said great heavens, that's the best news i heard. >> didn't get it out of your mind. >> oh, no. when i married don, i said you know, don, there's something that's bothering me. he said let's get engaged, i'll make you at peace.

we went to a party. it was an engagement party. on the way home as we're driving down the street, he steps on the brakes and says dell or he is, what's wrong with you. just tell me you love me. of course i love you. and he said something is not right. why don't you go back to that monestary that you liked so well and get a little time off. he had no idea what he was sending me into, because i went back there and i talked to her that time, she said yes, you can come. >> and that was it. >> yes. >> so you're there, and obviously 50 years later you're still there. >> yes. >> are you surprised on how much spirituality has been diminished in the united states, secularists rising, religion is mocked? >> the only time it surprises me is until you start reading history and you realize that at

every period in history where there's been a major change, there's always been a loss of religious values as they have been known because something new has to come in. i believe that's where the pope now is seeing things. >> do you believe in evil? >> i do indeed. i think evil is the loss of love. >> the loss of love. >> yes. >> whenever something evil happens, it is because persons refuse to love. >> mother, thanks for speaking with us today. extraordinary woman, mother delores has a book, the ear of the heart. a great christmas gift for just about anyone, even nonbelievers. and she donates all proceeds to charity. we come back, miller on the torture report. he feels strongly about it moments away. o it in the past. i hadn't been successful.

quitting smoking this time was different because i got a prescription for chantix. along with support, chantix (varenicline) is proven to help people quit smoking. the fact that it reduced the urge to smoke helped me get that confidence that i could do it. some people had changes in behavior, thinking or mood, hostility, agitation, depressed mood and suicidal thoughts or actions while taking or after stopping chantix. some people had seizures while taking chantix. if you notice any of these, stop chantix and call your doctor right away. tell your doctor about any history of mental health problems, which could get worse while taking chantix or history of seizures. don' take chantix if you've had a serious allergic or skin reaction to it. if you develop these, stop chantix and see your doctor right away as some can be life-threatening. tell your doctor if you have a history of heart or blood vessel problems, or develop new or worse symptoms. get medical help right away if you have symptoms of a heart attack or stroke. decrease alcohol use while taking chantix. use caution when driving or operating machinery. common side effects include nausea, trouble sleeping and unusual dreams. i love myself as a non-smoker. ask your doctor if chantix is right for you.

thanks for staying with us. i am bill o'reilly. the sage of california is here in new york city. miller. we've got to get serious on the torture memo business. >> by the way, when james rosen

said that, i thought is that when you call it the torture memo, you said don't be a pin head, do you think it was torture? i don't know your stance on this. >> no, not the way it is -- >> i think that's what he was saying. >> i think the policy, i think individual guys went overboard. >> it happens. >> i wrote this down. incident immediate wake of something crazy like 9/11, i bring you back to executive order 9066, signed february 19th, 1942, by liberal god fdr, 120,000 japanese americans sent to internment camps in the immediate wake of pearl harbor, 75 days later. 120,000 people rounded up, 62% of them american. to say people react fearfully in the immediate wake of something like 9/11 or pearl harbor, this has existed through the ages. >> here is the interesting part of that. fdr was scorched for doing it,

nobody defends it now. down the road, dianne feinstein, senator from your state, is making a mistake. i don't mind if there's hard evidence that the cia lied to the senate intel committee. tell me who lied and when they lied. they say in the report that they were mislead. last night i had a republican senator on and asked the question, he dodged the question. i want to know who lied to you. don't give me this business that no, quote, unquote nuggets were gleaned, because i know that's not true. i know that's not true. so the report to me doesn't have any credibility. >> well, i'm just surprised she didn't release it last week to be time's person of the year. frankly, this is what moves to you the front of the line. denigrating america right now seems to be very oh-current. next time we use waterboarding

it will be against leon panetta to take back the assertion that osama bin laden spilled his guts. all it says to people is if we torture, we can be tortured. isis, if you can promise us the worst thing you do to anybody in your grasp is tilt them back, putting water up the nose, i am not being ironic, i take that deal tomorrow. i heard beckel, bowling looked him in the eye, death by drone or waterboarding. which would you prefer. he said well, we can't torture. we said so you kill them by drone. yes. crazy. >> doesn't make any sense. miller does a lot of work for the veterans, you don't have to say anything for gold star mothers last week. very involved with raising money for the wounded warriors. there are miller, i don't know whether you know this or not, guys wearing uniforms, all right, to try to get discounts and better deals when they're not in the military.

and one of them was busted. little tape. >> hey, sir, my son would like to meet you, he admires guys in the army. >> buddy, i'm shawn. >> what unit were you in? >> texas nine rangers. >> where did you get the cibs at. >> afghanistan. >> all three? >> all three. >> you know you need to be in three campaigns to get three of those. where's your combat patch? >> gave it to a little kid. >> why is the flag so low on the shoulder. should be here. >> got me on that one. >> stolen valor at its finest. wearing a united states army uniform. claims to be united states army ranger. >> the guy was busted, he wasn't. i am glad the guy did that and outed him. >> fine steen issued a report saying he busted him, he was mean to the fat guy. that will show you how flip the world is.

i would tell the fat guy, you think this is the lowest moment of your life getting outed like that. can i tell you, there's a cat named richard blumenthal, didn't go so far as to fake it completely, was in the sus marine corps reserve, good service, democrat from connecticut. look him up, a senator, said he was in vietnam. he wasn't in vietnam. he lied like you lied. in the past, i would have told you this will mark you forever like the scarlet letter. nowadays, you look downright senatorial. >> quick reminder, tickets for don't be a pin head shows with miller and me live, great christmas and hanukkah gifts. all are saturday evenings, more info on billo'reilly.com. a charity scandal involving

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i've never felt so alive. get the future of phone and the phones are free. comcast business. built for business. did you see that, begin with a report by senator tom coburn from oklahoma that says there are a number of big name charities not giving donations to the needy. here to explain more, martha maccallum. begin with lady gaga. >> 2.6 million she raised for the lady gaga foundation and gave away $5,000 out of that 2.6 million. guess who the president of that foundation is? her mom. >> where did all of the money go? >> they said it goes to lawyers, publicity, and that they run preconcert events to raise awareness. >> for what? >> to born this way issues.

gay, lesbian -- but everybody comes and raises awareness. that's the root. >> second one, kanye west. what's he doing? >> this foundation is now defunct. he spent $553,000. $583 of that legitimately went to charity. 583 bucks. >> 1%. >> tax exempt. it is a way of hiding money and paying off relatives. >> i think when they're through with the tea party should do that. >> yes. >> alex rodriguez. he had a foundation, what happened to him? >> he did, his was investigated by the irs and lost tax exempt status. they still have a website up. are still in business. they raised $5,000 to the jay-z scholarship fund, but that's it. $5,000. >> what's that? >> scholarships for inner-city kids supposedly.

>> last one, wycleff jean. >> trying to save the people of haiti, wanted to be their president at one point. raised $1.1 million. $400,000 of which went to him and his relatives. >> so he has a little of the money. >> big concert to raise money. guess who he hired to play, himself for $100,000. he paid himself. can't make it up. >> "saturday night live" did a skit on ferguson where there were local anchors talking about what happened there. roll the tape. >> so you're here i am to cook with you in this part of the country. >> and what are you making for us today? >> today we're making a a

fratata. >> using only the whites of the egg. >> use the whole damn egg. >> this got an award at the aspen food and wine festival. >> won the grand jury prize. >> now you didn't see that. that bit was cut. how did that happen? >> they did the dress rehearsal, said they cut it for time. could be they wanted to avoid controversy. daryl wilson. "saturday night live" put it on the wbz, didn't make the show. >> that was the only funny line. >> not arguing with maccallum.

tip of the day, making your christmas better.

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"the factor" tip of the day making christmas better in a moment. first, two days left to get your orders in for signed copies of my book. killing patton the currently number one best selling nonfiction book in the world. killing jesus back in the amazon top 100, killing kennedy, killing lincoln. you want them signed, i can do it if you order on billoreilly.com right now. great stuff, good prices. all the money i get is donate today charity, unlike lady gaga and the others. and we get the money to those who need it thanks to you. now the mail. waynesville, ohio. bill, your interview with senator coats was on the mark.

you asked if any republican members of the intelligence committee believe they were lied to and -- you did not let senator coats speak about an important issue, the flawed nature of the senate report. nonsense. the senator spoke plenty but dodged simple questions he was challenged. at least your letter was honest. you were looking to have your opinion validated rather than objectively looking at the facts which is what i was trying to get at. santiago, panama. international newspapers are reporting brutal torture by the usa. nice job democrats. john bradly, pace, florida, o'reilly, you are getting like judge judy. you were rude and nasty interviewing senator coats. paul, give me a break, you make millions, not a regular person. the regular folks obamacare does lower premiums. not on average. stats are stats. my health care premiums are up over 50%. everybody's different, carl. sorry you have to pay more. killing patton brought back so many memories because my late

husband steve fought the germans in europe. he won the silver star but never spoke of the battle of the bulge. thanks to your book, o'reilly, i now know what happened. bill, how do i give a billoreilly.com premium membership as a gift? and do you charge my credit card every year? never do we do that. you have to sign up for renewal. the gift is easy. you designate who you want to send it to and we'll make it happen. it's so easy. plus you get a free book if you sign up for premium membership. what a great deal. finally tonight, the "the factor" tip of the day, americans are the most generous people on earth. individual gifts to charity 2013 latest stats available an astounding $240 billion. average household in the usa gives about $3,000 to charity every year. and christmas is a great time of year to be generous because it enhances the entire season. as you may know i used to teach high school. i made very little money doing

that, but the job was rewarding. so now i donate money to some teachers i know in their christmas bonus fund because i realize that some of them are underpaid. in your life you know folks who could use a hand as well. also we're proud here so many fat fact viewers are helping to get wheelchairs. donated $240,000, elizabeth holway woods foundation chicago $25,000. patriots all. "the factor" tip of the day, do what you can for others this christmas and hanukkah season. and that is it for us tonight. please check out the fox news factor website. also spout off about "the factor" from anywhere in the world o'reilly@foxnews.com. name and town if you wish to opine. do not be mawkish when writing to "the factor."

ms. megyn is next. i'm bill o'reilly and please remember the spin stops here. we are definitely looking out for you. breaking tonight, with our troops under heightened alert in the wake of the democrats decision to release a new report on a now-defunct enhanced interrogation technique program used after 9/11, president obama defending that decision by demanding american accountability and transparency. to which some responded preacher heal thyself. welcome to "the kelly file," everyone. i'm megyn kelly. here why the democrats chose to release this report. >> there's never a perfect time to release a report like this, but it was important for us, i think, to recognize that part of what sets us apart is when we do something wrong we