g with bill hemmer in america's newsroom 9:00 a.m. eastern. don't miss a special this weekend coming up. it's called cuba. losing the last battle of the cold war it is anchored by our own bret baier. catch it this saturday and sunday at 8:00. good night, everybody. >> the o'reilly factor is on. tonight: >> it appears that the white police officer who shot an unarmed black man to death in ferguson, missouri, will not face federal civil rights charges. >> so what does that say about the hands up don't shoot movement? that convicted police officer darren wilson in the media. is attorney general holder a racist too? we'll take a hard look at it tonight there. i feel like i have always play dollars in the rules. i would never break the rules. >> i had no knowledge whatsoever until monday morning. >> another huge embarrassment for the national football league. did the new england patriots cheat to get to the super bowl? the factor has been investigating. >> won't get me to talk about keystone because i

have made clear that i am not going to express an opinion. >> why not mrs. clinton? if you are one of the country's leaders, shouldn't the folks know what you think about the very controversial keystone pipeline? >> i danced around that pretty well. >> 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: race and corruption that's the subject of this evening's talking points memo. the justice department will not file any civil rights charges in the ferguson case. you may remember that 18-year-old michael brown shot to death by 28-year-old police officer darren wilson, a situation that led to rioting across the country. this is new surveillance video we are seeing from the night of november 24th in missouri.

hundreds of looters causing millions of dollars worth of damage. all because they believed in injustice had been done to michael brown or something. but a grand jury declined to indict officer wilson and now attorney general eric holder is doing the same thing. so what are we to think? is holder a racist? is his deputy who did the investigation gupta a racist? all of those people who committed crimes in the name of michael brown or judged officer wilson without the facts should be ashamed this evening. but, of course, most of them are not. we are living in a nation that is essentially unfair. not because of income inequality or bias against skin color but because we the people often form judgments based on nothing. talking points said over and over you cannot convict a fellow american of anything unless you know the facts. and now the facts have been established. no justice department civil rights action no indictment

by a grand jury. the chart ton al sharptonton led the effort to crip tell the justice system and impose a vigilante verdict in the case. another terrible entry on sharpton's resume. now, let's turn to corruption. this man, 70-year-old sheldon silver. powerful speaker of the new york state assembly under arrest tonight for corruption. silver is a vial human being who single-handedly blocked yes, jessica's law in new and imposed a culture of corruption on the state assembly that has embarrassed new york for decades. finally, the justice department swung into action after governor andrew cuomo shut down his own state investigation into public corruption. mr. cuomo never explained why he shut it down. and it is an embarrassment that will follow him forever. attorney general eric holder is to be commended. let me repeat that holder is

to be commended for allowing the u.s. attorney in new york to pursue silver. >> over his decades in office speaker silver has amassed titanic political power but as alleged during that same time silver also amassed a tremendous personal fortune through the abuse of that political power. >> now, it took decades to get sheldon silver. talking points believes he will be convicted because this man has done more to harm new york state than any other human being alive. hey shellie, it's karma. get it bud? and that's the memo. now for the top story tonight. more details on the two situations race and corruption. with us attorneys and fox news analysts kimberly guilfoyle and lis wiehl. are you surprised that the justice department is not bringing any charges? >> absolutely not there was no evidence. when you looked at the evidence the grand jury got, you had eyewitnesses that were all over the place.

but you have three forensic accounts. all consistent with the officer was shooting in self-defense. there had been a tussle before that in the car and then shooting in self-defense. so them to come out now from the civil rights era the only reason he was shot was because of, you know, him coming towards the officer. it doesn't make any sense at all. >> you are not surprised? >> not at all. >> there is still an investigation going on of the ferguson, missouri police department. >> there is. >> total. that's still in play. >> right. >> obviously, i tt this could have been handled better. i mean, i just have to say. i'm not surprised either and this was an exhaustive investigation by the state department, was it not? by the justice department? >> by the federal justice department. this wasn't something where they just sort of glossed over the facts. they had access to all of the state's investigation files, witness statements plus they ran their own concurrent investigation to obtain those statements.

they came to the same conclusioned that the grand jury did. it must be under -- >> maybe the looters can bring the stuff back. you see, all the stuff that you stole. all right. dishonoring by the way mr. brown and his family. >> true. >> maybe bring it back now. okay. all right. sheldon and silver. >> long time coming. >> i know he this guy for decades. i used to report local news here in new york. they are holding him on 200,000. he made $200,000 bail. that's a lot of bail. >> it's a lot of bail. they restricted his travel and privileges. they have taken his passport. he is not -- is he looking at tremendous amount of time. it's a five count indictment. it's a strong case against him. he is charged with using his influence and his position in accepting bribes. specifically he was referring people to two new

york small law firms. >> lawyer. >> right. >> that was the reasonable that he sabotaged jessica's law. >> he was making all this money. he didn't want that. >> he wanted the lawyers to be able to go in and plea down and all of this. but far and away. this guy silver was more powerful than the governors. >> right. >> he hammered. >> that's why he jessica's law. it's in new york. but it's jessica law lite. >> it's watered down. >> right. >> he was the guy who stood for we're going to do it behind closed doors. >> right. >> we're going to be, you know, and they finally got him. >> $8 million in kick backs. >> in kick backs. >> 3.8 that's the allegation. >> yes. that's the allegation. >> >> we don't want to convict silver because then we would be doing the same thing that the protesters in ferguson did. but the evidence has been presented. >> exactly. over a long long time. >> i'm willing to bet any viewer tonight that this guy is going to be convicted. all right? if you want to bet, you just write in to us. we will put your money in

escrow and there it is. >> but anyway, this is a bad guy. >> bad guy. very serious case. >> he takes the biggest fall, governor cuomo who wants to be the president. say hillary clinton gets hit by a truck and let's hope that doesn't happen right? >> right. >> let's say she does, he is going to run are. he would run. and he shut down the -- his own corruption investigation. >> while they were looking at this. >> they were getting too close to silver. >> they got him now anyway. >> but the feds had to come in. >> once cuomo shut it down that's when let's give props to holder. >> is he looking at spending the rest of his life behind bars, silver is for these allegations. five counts, wire fraud, mail fraud, conspiracy to commit. >> let's hope. >> he won't serve much time. >> i bet he will. >> he won't serve that much time versus. >> this is another good one for the justice department. new attorney general is a

woman named loretta lynch all right? now, here in new york, a man named -- there she is. appear drew goodman, 30 years old. molested two boys, 11 and 13 for four years. he got two years by this new york state judge martin murphy, all right? and murphy basically gave the finger to the whole state and said i'm not going to explain why i gave a child rapist two years. so so, the justice department just as they did with the silver thing, said new york state is out of control. >> loretta lynch got in and said i'm going for sex trafficking charges. >> because took him to jersey. >> to atlantic city to see a kid rock concert and then later the allegation is molested him in a hotel 15-year-old boy. >> now looking at 10 to life. >> right. >> good. >> see, this is what the federal government went into missouri, and they said, you know what? if you are not doing the right thing by michael brown, we are going to get you. >> there was no evidence. >> they went into new york because cuomo bagged his own

investigation. they got silver. and they came back to new york. they got this child rapist. because the child gave them two years. >> he would have been out. >> that is what the federal government should be doing. >> absolutely. >> and loretta lynch like you said is to be commended on this in the justice department. she went after it strong while he was still in custody. got him held so he was never out. >> she is the hero and i'm happy that she is the new attorney general. and eric holder, i know i have been tough on you over the years, okay. i think you deserved it sometimes. this one, you're going out on top. okay? ladies, thank you. >> nice. >> next on the rundown, reaction to the ferguson justice department decision from two men who supported the protests. later, another big scandal for the nfl as the new england patriots star tom brady and his coach bill belichick have to explain whether their team cheated or not up ahead.

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with us richard fowler, a radio talk show host. he is he in washington. and reverend jack degraff fox news contributor here in new york city. am i making any mistakes here? you heard my talking points memo. i think that the protesters and the looters and everybody else should apologize. >> first of all, the protesters and looters are not one in the same. >> no, they are not. the guys out there in the name of protests. >> the people who responded to the original miscarriage of justice in my view with the grand jury are not the people who were organized and were looting. >> look there is good protesters and bad protesters but it's all under the banner of protests. >> there were looters and protesters. >> the only reason the looters were out there was because of the protests against what happened in ferguson. >> that we agree on. now, you say you still think there is injustice right? >> right. but i accept the decision of the federal government. >> you have to. how do you know? you weren't there.

and now you have the feds and the state and the folks in the grand jury. but you still feel injustice. how would you know? >> i know because i'm an black american who has experienced disparities and who is part of a national moment. this country is up in arms because of injustice that didn't just happen in ferguson. it happened -- >> -- i want people to understand where you are coming from. so because you are a black man who has experienced racism in the past because of that, you transfer that feeling to a criminal case of which you know nothing about. >> no, that's not true. what i am saying is this: the prosecutor in ferguson failed to do his job when he presented. >> that's not what the feds said. >> no. but the feds didn't judge what the prosecutor. >> no, no, no. if there had been prosecutorial misconduct the feds would have come. >> in that that's not what the charge. >> the charge of the prosecutor in every instance in fifth states in america is to present charges for the purpose of an indictment. if you don't -- if you are

not going for an indictment, you went present charges. >> the reason that holder went. >> in not holder the prosecutor in missouri. >> but holder went in to see if there was any misconduct by the state and local people. >> by the civil rights federal standards. >> how do you see it, mr. fowler? am i making any mistakes here? >> i think you are making one mistake that is critical to understanding how this case went down. the federal investigation wasn't about the prosecutor, bill. the federal investigation was about whether or not darren wilson violated michael brun's civil rights. and clearly, as soon as since the federal government has chosen not to prosecute, they are indicating that his civil rights weren't violated. dolls that mean that darren wilson didn't profile him? of course it doesn't. we do know he did profile him. >> i think you both don't understand what the statute says. if any misconduct took place in the investigation, it doesn't -- it can go from the actual shooting to how it was prosecuted. then the federal government could file civil rights charges saying that an

american citizen, michael brown, rights were violated because the prosecutors didn't do their job or the police didn't do their job or whatever. they have a big tent to go into. >> but that wasn't the line of the federal investigation, bill. >> it has to be evidence to that. >> yeah. there had to be evidence. >> and the prosecutor in missouri chose to say presenting that which would lead to an indictment that he would present all the facts and let the jury sort it out. no one does that. >> under our justice system, wait a minute, the justice department ruled that the investigation was on the up and up or they would have filed. now. >> no, no, no. wait a second, bill. that's not correct. >> yes, it is. it's absolutely correct. >> the justice department in their investigation was only investigating darren wilson and darren wilson's actions. >> that's not true. it was a civil rights -- >> -- against darren wilson. not against the prosecution. the prosecutor. >> it was the whole case. >> but. >> if somebody had bribed

the grand jury, mr. fowler, if somebody had given them money and the justice department found that out they would have brought charges. >> that's a totally different case. >> oh my god. >> not to mention the fact that the grand your is suing the prosecutor pros tiewrl misconduct. >> the whole case. you guys are wrong, all right? you are wrong. >> at the end of the day. >> no end of the day. >> you cannot look at the it michael brown case in a vacuum. that's what the reverend is trying to say. >> there is novak consume. >> investigated the whole case. >> you look at mike brown eric garner. that march rice. black men killed innocently by police who are unarmed. that's why people are protesting. and that's is why they are continue to say black lives matter. >> you simply do not understand -- >> -- we understand but we may not agree but we understand. >> you don't understand at all so i have to go away now. you don't understand. >> we don't agree. >> a federal intrusion. >> i definitely understand. >> we don't agree. >> all parts of that case were looked at.

for any taint of corruption or unfairness. and there is no indictment coming down against anyone. and that's the truth. i have got to go. directly ahead. white house correspondent ed henry on president obama feeling some heagle heat on the islamic terrorist front. and then hillary clinton says no to the keystone pipeline. she simply won't talk about it. why not? factor is coming right back. [ female announcer ] we help make secure financial tomorrows a reality for over 19 million people. [ mom ] with life insurance, we're not just insuring our lives... we're helping protect his. [ female announcer ] everyone has a moment when tomorrow becomes real. transamerica. transform tomorrow. the lightest or nothing. the smartest or nothing.

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1 plus the area code plus the phone number for all calls. okay, but what if i have a 415 number, and i'm calling a 415 number? you'll still need to dial... 1 plus the area code plus the phone number. so when in doubt, dial it out! white house insider segment tonight. some feeling heat in the white house over the intensity of the islamic terrorism all over the world. secretary of state kerry attended a conference in london about the isis terror group. but the obama administration isn't calling it isis anymore. or even isil. the name has been changed. joining us from washington

chief white house correspondent ed henry. what are they calling these savages now. dash original arabic version and that's considered insult to the islamic state. so it appears secretary kerry thinks words are going to hurt them. >> you have got to explain it better to me. so the new -- it's not isil or it's not isis anymore. it's dash that's what it is? >> arabic version and it is seen as insult by the islamic state terrorists to call it that. and they have said if someone says that to them, they will rip their tongue out. this is john kerry. >> bear baiting. the white house is bear baiting the terrorists by calling them dash? >> yeah, the sticks and stones maybe the words will actually hurt them this time. and #s we have seen in other crisis like ukraine they will goal after. look, there has obviously been bombs, air strikes going after isis as well. i don't want to minimize just the words. but the language game that's been going on whether it's

ice sis isil, dash is similar to the game that we have seen about why not call it islamic extremism. in fact thomas freidman in the "new york times" who is often a big supporter of the president's foreign policy this week came out and said call it what it is. islamic extremism. and they seem to be juggling this language game in all of this. >> we have hounded them for it what's the backlash then. is the white house feeling the pressure? even democrats not only mr. freidman but democrats on the hill are going look, you are diminishing the whole thing because you won't define it properly. we are in danger from islamic extremists. you won't say it. it makes us look weak and confused. so what is the white house's posture on that? >> they face some criticism from democrats like the young rising star in the democratic party on the armed services committee. a vernal herself. she has come out and said they should do that ultimately i don't think that kind of criticism is going to change what the president says.

>> he doesn't respond to it but you know what? >> they are hearing it because they brought kerry over there and now we are getting all kinds of dispatches about what they are doing and they are doing this, that and the other thing. >> the bigger deal is that isis hasn't been fully pushed back. >> killing teenagers in mosul for watching soccer games. i mean, come on. outrageous. >> al qaeda was on the run. then the president doesn't even mention them in the state of the union a couple of nights ago. on top of that look what's happening in yemen right now. >> collapsing. that's a story undercovered. the president back in september has said it's been a success counter terror strategy in yemen. yemen has come to pieces. the president, prime minister cabinet, they are out. other extremists are in, it appears. rebels. and meanwhile, al qaeda in the arabian peninsula, which has its base in yemen, helped train the terrorists who were in paris. so the president said it was a success. maybe not. >> okay. got to ask but iran and senator menendez from new jersey stall wart democrat

furious about president obama's posture there. now we hear they may extend the thing again the deadline again. this will be the third time through the summer and they don't want any sanctions. and it just seems like it's all falling apart for barack obama on the terror front here. >> on that issue with iran it is kind of falling apart. because it's not just your standard republican criticism on the hill. democrats like bob menendez you are right very powerful has been on them a while. and also had a verbal clash with the president a few days ago about this in a private meeting. the bottom line is these lawmakers are saying we need to move forward with tough sanctions against iran while we're talking to them because they are just playing games. they keep moving the deadlines back as you say and they need tough sanctions to make sure they don't have nuclear weapons. the president is saying don't pass that bill. >> here is what i would do. i know you talk to barack obama. you guys are big friends. here is what he should do. all right? i agree that you don't want to antagonize the person you

are trying to get a deal with that's never works. >> right. he says it will fall apart if you do that. >> you say this is the date. it ain't going to be extended. and if you don't make a deal. this is what is going to happen. all right? here are the sanctions that's -- and you think they were bad last time, they are going to be horrible this time. >> that's what bob menendez has said. >> call on the house and senate leadership and you tell them here is what i am going to do. so you guys calm down, i promise i'm going to do it. and, bang, bang, bang. and that's how you do it. so you tell them okay? >> if the president vetoes his sanctions bill and it's overridden because of democrats, it will be the first time the veto was overridden. >> that would be big. okay. thank you, henry. we appreciate it plenty more ahead as the factor moves along this evening. if you want a computer you are in danger from hack teres. now president obama wants to do something about it but what? we'll have a report. then a new england patriots did they cheat to get into the super bowl? we'll tell you what we know and we hope you stay tuned to those reports.

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your credit? i know i have an 810 fico score, thanks to the tools and help on experian.com. and your big idea is hot dogs shaped like hamburgers? nope. hamburgers shaped like hot dogs. that's not really in our wheelhouse... you don't put it in a wheelhouse. you put it in your mouth. get your credit swagger on. become a member of experian credit tracker and find out your fico score powered by experian. fico scores are used in 90% of credit decisions. unresolved problem segment tonight hackers. presidentpresident obama wants to do something about them. >> i urge this congress to finally pass the legislation we need to better meet the evolving threat of cyber attacks. combat identity theft and protect our children's information. that should be a bipartisan effort. if we don't act, we will leave our nation and our economy vulnerable. >> no doubt about that.

but what can the feds do? joining us from washington morgan wright, a cyber security expert. so, you know, this is coming off the north korea thing. and the extortion and invasion of privacy. but, this worldwide hacking situation, is there any way to control it? >> well, bill, i think there is i think one of the best things congress can do is put the awesome power of our military and homeland security, they have r and d capability research and development, look, the defense department built the internet. now, unleash their creativity, unleash the power of that to now help secure the internet. more r and d and more information sharing on threats. >> what are you learning on the research and development front? do you want to be able to pinpoint hackers like right away so we know what basement they are living n romania? is that what it is? to just find them quickly? >> that would be a combination of intel but then the r and d is also how to do a better job of preventing these attacks. >> so building the walls

that can protected private computers like so you would get this service and they couldn't get through the wall. that's what you want? >> right. better, stronger defenses. faster fire departments to put these digital fires out when they happen. >> why can't the private sector do that because obviously, if you find something, i mean they have companies now. that help you out with security. but, the government, does the government have to do this? >> well, the government doesn't have to do it by themselves. they need to partner with private sector. the government can do things private sector can't do which they have got recan response and intelligence and signals intelligence. they can create an intelligence product and share it with these other countries and industries to prevent these things from happening. we keep it classified and unclassified. we have got it do a much better job of getting that information out quicker and faster and better formats. >> i'm for development of a sheelgt to protect the infrastructure of the united states plus everybody's personal stuff. >> >> right. >> i understand that china

and russia and countries like romania and leak that that's where the hackers can do what they want to do right? >> absolutely. and they can do it without being touched. you know, you can't extradite anybody from china or russia as we know from the four hackers indicted there edward snowden. can you take countries like romania and start moving them towards being cooperative. it's the center of hacking. romania is much more favorable. bill, two years ago big huge cyber crime bust in romania where the fbi picked up some guys. only 110 out of 96 countries have any kind of tweeting with the u.s. and not all of it covers cyber crime. >> they route them all over the world. >> absolutely. >> it takes months and years to find these guys. i think the president is on the right track there. we have got to get some kind of organization. i think there should be a separate agency now. got to be new agency that cyber war agency or cyber protection agency or something like that. mr. wright, we appreciate your expertise. thank you. >> you bet bill. >> when we come right back, hillary clinton, she is

polling very well against certain republicans but dodging questions about the keystone pipeline. then a new england patriots under heavy fire. their allegations they cheated their way into the super bowl. those reports moments away. how can power consumption in china impact wool exports from new zealand textile production in spain and the use of medical technology in the u.s.? at t. rowe price we understand the connections of a complex, global economy.

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thanks for staying with us, i'm bill o'reilly in the personal story segment tonight. good news for hillary clinton today. an abc poll among registered voters says in a presidential race mrs. clinton would beat jeb bush 54-41. she dewould de no question mrs. clinton will be a formidable candidate for president in 2016. in canada yesterday she didn't want to answer even an easy question about the keystone pipeline. >> we have differences and you won't get me to talk about keystone because i have steadily made clear that i am not going to express an opinion. this is in our process and that's where it belongs. >> joining us now from los angeles, gentleman niece a democrat. here in the studio andrea tantaros. first of all those poll numbers are pretty impressive for her right? >> yeah.

she is doing really well against republicans. when you take a look at a her potential threat from the left elizabeth warren or maybe joe biden crushes them. that's why he she ♪ backing this keystone pipeline. >> i will get to the pipeline in a minute. if she is gonna -- and this is early two years out and romney and bush people know them. but they are, you know, they are not fresh and exciting. >> she is not exactly a breath of fresh air herself. >> she is stopping them. she is stomping them. >> amazing after her disastrous book tour. she is doing very well considering. >> she sold 200,000 maybe 250. >> she stuck her foot in the mouth a bunch of times. i will say this bill, she is formidable now until she opens her mouth again. >> maybe. >> silence is the best thing going for her. she can't keep the silence for too much longer. >> gentleman niece, would you say that hillary clinton is a leader in america? would you say that she is a leader here? >> i think she is a world leader. >> okay. >> i think that. >> she is a world leader. >> okay.

listen. let me just say that former first lady, former senator of morning new york. former secretary of state still many never thought this could be a viable candidacy. every one up to that moment that that poll came out was thinking that she could be defeated there was fatigue, she was too old. whatever you want to say her enemies will say about her. quite frankly this is only a snapshot. what a nap shot. she is a collosal candidate. >> we have seen the snapshot and we give her the kudos for whatever that snapshot means. >> whatever that snapshot means is a lot. >> she just said she is a a world leader. >> yeah. >> very simple question. very important question to many americans. what -- do you support the keystone pipeline? she dodges the question. i submit to you, gentleman gentleman niece. that's not what a liter does. am i wrong? >> a leader does not intervene in a process. >> does a leader give an opinion and answer a question that he or she has asked. >> you know what? this is about if y

want to know what she thinks, see her record on the environment which is very very clear what she did for the environment. >> i just asked a simple question. and so did the canadians. do you support it or not and she goes i'm not going to tell you. i think that hurts her. >> she does not have to give an answer right now. we all know what the record is on the environment. it doesn't make her look like a strong leader. >> oh god, are you kidding me in she is a strong leader. she has a good strong record. >> not on this one. >> it doesn't make her look good. >> you couldn't pin her down. >> wouldn't answer a question how she would work with republicans in congress. >> that's theoretical but the pipeline isn't. >> okay. well she wouldn't answer a question on anything. and, you know what? to jennice's point she doesn't have to because of the polls i brought up. bill, the last time around in 2008, she creed the left to barack obama and darted to the middle way too early. on this one i'm sure her husband would love her to move to the middle, but she can't afford to let that state go. >> she said i'm opposing the

keystone pipeline. that's what the far left would say. >> she does not want to alien nate middle because she eventually needs that middle. so right now she doesn't have to take a stand. >> i have got to school jennice for a minute. you know we like you okay because you are here. a true leader. >> i thought you loved me. >> i don't want to go that far now because i have never really met you in person. [ laughter ] >> yes, have you. >> a true leader, winston churchill, george washington abraham lincoln they don't weasel around all right jennice? this was a weasel play. that's what i'm trying to get at. i'm trying to help your candidate. when you are asked a simple question give your opinion. that's all. last word, jennice. there is the right -- yes thank you. there is the right time for the opinion and clearly she has decided and we have to respect her. this not the right time for her to submit that opinion. >> i don't have to respect anybody. that's one of the good parts of my job. i can do whatever i want. i will tell you what

somebody asks my opinion on anything, i don't weasel around. i tell them. >> you are not running for president. >> well, you know, that's true. >> o'reilly 2016. >> somebody has got to watch out for the folks. and our leaders should be doing it ladies, thank you. new england patriots on deck. they are going to the super bowl but now they there are charges they may have cheated to get there. wow. right back with it. your back. having chantix as a partner made it more successful. along with support, chantix (varenicline) is proven to help people quit smoking. chantix helped reduce my urge to smoke. 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 have 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't take chantix if you've had a serious allergic or skin reaction to it. if you develop these

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back of the book segment tonight, they are now calling it deflate gate. charges the new england patriots used footballs that were under weight to defeat the indianapolis colts last sunday. a softer ball is easier to throw, kick, and catch. today the patriots star quarterback and the coach said this: >> you know, i didn't alter the ball in any way. i feel like i have always played within the rules.

i would never do anything to break the rules. i have no knowledge of any wrongdoing of any. >> nobody did anything wrong? >> yeah. i'm very comfortable saying that. i feel like we won the game fair and square. >> i came in monday morning i was shocked to learn of the news reports about the footballs. i had no knowledge whatsoever of this situation until monday morning. >> joining us now from boston kurt from wei radio and los angeles fox news analyst jim gray. what do you think happened here jim? >> i think that someone made a deliberate decision and a deliberate attempt to alter the standard of the game and deflate these balls. that's what i believe. bill belichick and tom brady you just heard them. bill belichick gets called into question because of his past and because of what has gone on in his past. there is his credibility problem. but i think it's a little bit beyond all of this. the protocol needs to change bill. what's wrong with the officials here? they take the balls, two

hours and 15 minutes and then they don't have jurisdiction over them they don't watch the balls? why don't they hire someone from the league's office. >> i'm sure they will check your comment out. belichick there was a spy thing that they did. a lot of teams do that try to get the other team's plays and they got somebody around and all that. that's why when you watch the game the coordinators have their thing like this because they hire lip readers to do it. but, jim, do you know if bill belichick have ever lied. >> well, he has never lied to me. has he lied to the public? he was fined for spy gate. he was fined for spy gate bill. >> i don't think he lied about it. i think they said, you know whatever they said. but i don't know if he ever lied. i believe he had no knowledge. i believe him when said i had no knowledge of this, that i have never spoken to my staff or anybody in my coaching staff.

>> that's what i believe him. >> the guy is going to say that at that level and he lies he is done. kurt, you interviewed brady today on your radio program and you are in boston. do you think either brady or the coach had anything to do with this? >> well, i talked to brady monday, bill, and to tell you the truth,i thought that belichick came across better today than brady did. i believe belichick. i'm with jim on that one. i believe belichick. i believe this is a brady operation. it's unusual for belichick to ever blame a player. he never calls a player out specifically. he called brady out today. if you tore believe brady who says he doesn't know anything about the process and i'm supposed to believe a rogue ball boy or a rogue equipment manager monkeyed around with footballs in afc championship game without tom brady or bill belichick's position? that's not believable. if you spent one minute around belichick or brady the last 15 years. that doesn't work. it's not a believable concept. >> here is -- and this is speculation. here is how it could have come down. i wouldn't be surprised if this is gonna be proven

true. they know what brady likes. all right. they know it's cold. they know it's raining. and they know brady likes a softer ball. everybody knows that. so a guy working for the patriots who has got the balls, whatever, does it on his own doesn't tell brady, doesn't tell belichick. just does it. possible jim? >> well, i would agree with that i don't believe for one minute i do believe what tom brady had to say today. i don't believe that he asked anybody to alter those balls. i do believe when they left his hands he did not want them in any way, shape, or form. i think he was telling the truth. i don't think he wanted those ball altered from the time they left his hand. i believe him. >> the reason this happens, kirk, is because people want to curry favor and they -- you know, if somebody knows they like a certain thing and they just do it. so i think -- there is no doubt the balls were deflated right? that's a fact, right?

>> right. i mean it's -- 11 of the balls were deflated. >> some team complained about it. it was going on. but it would just be almost unconceivable a guy like tom brady or a guy like belichick would get up there and lie about it, that's the -- that's the bill clinton line. that's the end. if they do that it's over. >> i think they can lie if they know they are not going to get busted. i don't think they are going to get busted. i don't believe brady was truthful today. do i believe it's going to be a $5,000 hit for 5 buck crime? it wasn't that cold. 51 degrees at kickoff. guy back to some ball boy who is not going to say well maybe i will curry some favor with tom brady. it's not going to work that way. brady runs a ship. >> we can't know. i think -- if brady did it, his whole legacy it's going to be like alex rodriguez, barry barry bonds, everything he has ever done goes up in smoke. i think he knows that he is a smart guy. all right, gentlemen. thanks for the debate.

coming up next factor tip of the day. hillary clinton mocking putin. the tip moments away.

"the factor" tip of the day. hillary clinton mocking vladimir putin, in a moment. first, the mail. bill you analyzed president obama's call for free community college tuition. i have a question, would you require your children to work part time and contribute in a meaningful way to their education? of course. all american children should be taught a work ethic. that means a job in the summer at the very least. i do however believe it is the obligation of a parent to pay for the best schooling possible for the child as far as means permit. but surely kids have to perform well for that generosity and earn their spending money. steve littlefield montana. bill, you are right. when my parents were paying my tuition i flunked out of college twice. but when i went back and paid my own way, i graduated with

honors. keith, illinois, bill, as a business owner i can guarantee you that paying seven days sick is a guarantee my employees will get sick. it does not work. being generous. lots of people work for me because apart from fox news i have a bunch of other stuff. i give my employees paid sick days and vacation. and i want them to take it. that's why i have a very small turnover rate, which makes my business a lot more prosperous. got to be generous. robert nelson pueblo colorado. bill, i am curious why you rant against inappropriate subject matter from rappers but encourage the vulgar conduct of dennis miller. he can't help it. comparing miller to say eminem robert, is like comparing shirley temple to the mayflower madame. i think miller would like that simile. john salt lake city, utah. bill, please tell me what the word of the day means so i don't have to get off the couch and

google it. will not, john saving you from a heart attack. get your butt up. sioux falls, south dakota. bill, you may be trusted by the folks, but you are a commentator, not a news person. this journalism thing may be too much for you bill. the commentary part of a newspaper or a television operation falls under the news banner, all right? the editorial writers and the newspaper are journalists. as walter cronkite once said, that's the way it is. bob mcdarby florida. the second most trusted news person, o'reilly, did everybody else tie for first? hey bob, there's a bus leaving in about 15 minutes, be under it. the caribbean lounging on the beach, drinking beer listening to "killing patton," highly recommended. that's right, nick rub it in. watch out for the sharks.

bob macy, minot, north dakota. mr. o'reilly with killing patton your ability to bring history to life is mesmerizing. thank you for a book that is a lao -- allowing me to appreciate patton. finally tonight, "the factor" tip of the day. all of us have an image. people see us in certain ways. for hillary clinton who apparently wants to be president, her word is rather staid. staid. s-t-a-i-d. and she knows she's going to have to loosen up if she wants to make a run for president. >> if for some reason you decided to be leader of the united states or actually run for that because there is a process. >> yeah, there's a process. >> and you got elected. >> i mean, you can imagine the conversation with putin, prime minister after president and one day says vladimir you think i

could be president again, i think i would actually. why don't we announce it. we'll tell dmitri he can be prime minister. excellent, excellent idea. we have a process. yes. >> all right. that wasn't bad. give mrs. clinton props for trying to lighten things up. "the factor" tip of the day, sometimes it's good to go against your image. and that is it for us tonight. please check out the fox news factor website different from billoreilly.com. 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, do not be staid when writing to "the factor." everybody up from the couch. i want you to get up from the couch, go to the window, lean out and say i'm not going to be staid when writing to "the factor." again, thanks for watching us

tonight. ms. megyn is next. remember the spib spin stops here because we're definitely looking out for you. breaking tonight, three big stories raising new questions about americans security. first, chaos reigns in one of the worst terror hot spots in the world after radical forces take control of yemen. second, one of our best allies in the middle east saudi king abdullah just died creating what sources tell fox news creating a worst case scenario. and third, israeli media out with satellite images of what it calls "new iranian intercontinental ballistic missiles." bigger, stronger and capable of flying farther than before as talks drag on with tehran about playing nice. all this after president obama seemed to suggest on tuesday night that things