quick little thing. >> don't be a pinhead. >> you don't want to miss the rest of the trump interview. stay tuned for o'reilly factor next. thanks for being with us. see you tomorrow night at 7 p.m. eastern. go to gretawire. o'reilly factor is on, tonight: >> we -- terrorist group? >> i don't think that the taliban huh -- >> more embarrassment over terrorism. stunning new poll how the americans think the president is handling this very dangerous situation. >> no decision has been made with respect to sergeant bergdahl none. >> we will continue our reporting on the sergeant bergdahl stonewall. colonel ralph peters will weigh in. >> it's been a disaster what's going on with the country right now is very sad. >> also ahead, donald trump tweeting. the factor is going in the wrong direction. what? he will be here.

caution, you are about to enter the no spin zone. the factor begins right now. ♪ ♪ i'm bill o'reilly. thanks for watching us tonight. americans not happy with president obama's take on terrorism and that is the subject of this evening's talking points memo. another rather painful exposition at the white house yesterday. reporters asking spokesman eric schultz about negotiating with terrorists. >> the taliban is still conducting terrorist attacks that you can't really say that, i mean, the war has ended as far as they are concerned. >> i would also point out that the taliban is an armed insurgency. isil is a terrorist group. so we don't make concessions to terrorist groups. >> taliban a terrorist group? >> i don't think that the taliban -- huh the taliban is an armed insurgency, this

is the winding down of the war in afghanistan and that's why this arrangement was dealt. >> the arrangement, mr. schultz referring, to is the trade of five top taliban commanders for sergeant bo bergdahl whom we will deal with in a moment. but what about schultz parsing the terrorist description embarrassing, right? stop this nonsense because it's become a national joke. taliban slaughtered 132 pack establish school children recently. it's an armed insur is genesee? come on, that's just insulting. so i am going to send a chart to the white house by fedex. the following are terrorists because they either kill or support killing civilians. al qaeda isis, boko haram, taliban, iranian mullahs, hezbollah, hamas the muslim brotherhood and every other jihadist group. it's going on the chart. write them down. send it down to the white house so they know. now, there are also terror groups not aligned with radical islam but they are

insignificant at this point, thank god. a new fox news poll shows americans are are getting fed up with the dumb dance the white house is doing. when asked if america is at war with radical islam 56% say yes, 37% no. when asked if president obama overor under emphasizes the terror threat. 47% under. 43% about right. 6% over. actually that poll is closer than i thought it would be. must be weighted toward san francisco people. the truth is that the muslim world, most of it, would like to see the jihadis defeated. bad for business, bad for the soul. america is not going to put the jihadis out of business because the commander and chief lacks the will and the folks, we the people, have had enough. why should we bear the brunt of the entire war on terror? if muslim nations would declare war on the jihad we and other allies would certainly help them big time. but that does not seem to be a possibility in a very cowardly world.

and so the beheadings the kidnappings, the bombings the mutilations will all continue unabated until, until the u.s.a. gets hit again. then everything will change. and that's the memo. now for the top story tonight, the pentagon striking back in the bo bergdahl case. the factor using military analyst lt. colonel shaffer has reported heavy pressure on general mark mille to go easy on sergeant bergdahl who we have mentioned was traded for the top taliban commanders. army denies that and also denies that general mille has come to any conclusion about bergdahl but how can that be possible? joining us from washington colonel ralph peters fox news strategic analyst. so the army interviewed bergdahl in august 2000 page report, which wrapped up in october. this is the second report on bergdahl now it's february

coming and they still don't know. does that make sense to you as a military man? >> no. but everything i'm hearing ised that the white house is is white wash the bergdahl case. let sergeant bergdahl walk. hey, by the way, something that really, really particulars me off about this. the funny promotion of sergeant. bill, i wore a buck sergeants stripe on my collar before i went to the dark side and became an officer. is he no sergeant unless you get stripes for serving the taliban. but at any rate, back to the key point. the white house doesn't think beyond the next pr op. for the president saving face and so oso for the white house, they don't get it desertion, why is it dissnergs that can't be such a big deal it's like skipping class. for our army for our military, it's much bigger than this pathetic guy loser bergdahl. it's about the president. if you cook the books

military justice very fair and pain staking system. if the white house manages to let this guy walk away, you you have basically said desertion is just fine because every future case the defense of any deserter would be able to do the bergdahl defense like it wasn't desertion for him why is for me. good order and discipline in the future for our military, it matters. >> okay. but let's get out of the theoretical and into the practical. the army itself, all right and pentagon itself putting people out. and they are saying. that general mille has not been contacted by anyone at the white house or anybody else because if he was directly contacted, the case would be thrown immediately. how do we respond to that? we respond the pressure would be on and doesn't have to be. the white house isn't going to call him directly it goes through -- it's a wave. and by the way the military people are very loyal, voyeur loyal and it's hard

for them to resist the white house. but clearly i mean the only possible explanation and the only one i'm hearing is that the military is trying to get this right. remember bill they have got dot all a the is and cross all the ts. sometimes the military system can be frustratingly slow. from what can i tell and everything i hear the army is trying to get it right. the white house is poisoning -- poisoning the justice system. >> the white house doesn't want a trial. we reported last night. >> that's my point. >> the white house seems to want appear lesser desertion charge slapped on bergdahl so they wouldn't have to go to trial. plead guilty. time served taliban captain and he leaves. >> awol charge they love to walk. >> i need to you react to this. you heard kirby. i mean, you heard him. i mean look, it's not just fox news reporting. this it's nbc reporting it as well. here is kirby right? and he goes out.

he basically calls us liars, colonel shaffer is a liar. everybody is a liar. nothing has been decided. mille is still deliberating, which, look this isn't that complicated. you know? it's not that complicated. >> no, it isn't. but kirby is in a tough spot. sedansing on burning pins and needles. >> they are going on the offense, see. so now if it comes back that it is a desertion, he looks like an idiot. and a how much longer are they going to draw this out? i mean, how much longer is it going to take? >> i don't know. but i will tell you. this today i attended a retirement ceremony of a close friend of mine. faulk. i saw the old guard, division do that magnificent performance. bill, i was sitting there and thinking about this case and everything else. maybe i'm a polyanna but i believe that the u.s. army will do its best to do the right thing and president obama should remember that another demagogue named

senator joseph mccartdy was brought down by a department of the army lawyer. have you no shame, mr. president? you have no sensitivity? >> i don't know if you convict mr. obama now. the indications are are from colonel shaffer yourself, other people that the white house is pressuring the investigation. army denies it. all right? >> their parsings are kirby. kirby is not army by the way. the army is parting. >> they are parsing, absolutely. but, kirby is around. i mean, is he making the rounds. they are making a big deal out of this. we will find out the truth as we said yesterday. >> this guy -- they are caught between the white house and fox news and let me tell you, i know the army. their hearts are fox news. >> well, maybe so. but we want to find out the truth. we will find out the truth. >> we'll. >> colonel, thanks very much. ahead on the rundown, donald trump tweeting negative stuff about the factor. we will find out what is annoying him. and later bernie goldberg on "american sniper" and

liberal hollywood right back.

outnourished scene on -- outnumbered on fnc. colonel peters convicted president obama. i don't know if that's fair. the circumstantial evidence is there that the white house doesn't want this. >> yeah. >> to be a full fledge desertion trial. >> yeah. >> i believe that 100%. i want to be very cautious about convicting anyone of anything. we don't believe, however that the army is dragging its feet and stone walling. do you believe that? >> i do. and i think that they are feeling pressure from the the administration to do it at a time when they can dump it and maybe a lot of people

won't notice. so this afternoon, josh earnst was asked about this. and he said well it's not that he hasn't been charged. we know he hasn't been charged. we are just figuring out if charges will be brought so again, verbal gymnastics here. bill, i think there is compelling evidence. i think there is a lot of evidence. >> there is a lot of evidence. >> they mucked up this terror swap. they are waiting for a really big incident. maybe the patriots to do something stupid and they can dump this. they can dump this. >> friday tomorrow, before the super bowl. not going to happen now. >> that's when they want to do it. >> we put the pentagon and the army in a very bad position here because colonel shaffer stands by his story. nbc news reported the same thing. thought pentagon is saying uh-oh. it doesn't really make any sense that this report would not be adjudicated. it's been more than enough time to go over 2,000 pages. that's not a lot of pages. it's one guy here. one. he was interviewed in august a. so what say you?

>> i'm with the colonel in terms of what we don't know what's causing the delay. we don't have the answer to that the only thing we can do is wait. i am not and we are not here we are not going to second guess the pentagon. >> are you disturbed by this case? >> i am interested in finding out, of course i am. i would like to know more information. >> are you waiting for sergeant bergdahl to get a lesser charge. >> of course not. >> you want him punished for what he did? >> i would like to have the facts. i would love to know with a what exactly happen. i'm not going to guess what happened until i see the facts for myself and i would know what the president is going to do with him. >> bergdahl's mates the guys who served on the front lines and had to look for him when he left? did you see any of those introduce? interviewes? >> back in the day i did. that makes this case different. his guys in his unit in afghanistan came on television and said look, this guy desserted and we

were charged to go find him and guys killed in that effort. that elevates everything to what i'm trying to get to there is some urgency here. mille the general doesn't seem to feel that urgency but i feel it. >> we may all feel it but we are not in charge. >> i know right? >> we can certainly put pressure. do you think the white house putting pressure on mille? you think the white house is putting pressure on him? >> if it was such a black and white case,maybe the interviews would have been sufficient, right? one word against another case. >> they are trying to figure out a way not to make it such. go ahead andrea. >> not only that bill. this is different because the president stood at a rose garden ceremony. >> yeah. >> which is why this is unprecedented. >> i didn't hold that against him. >> but even they knew they mucked it up because they were trying to distract from everything else that was happening. then this became a story that he was a desserter, at that rose garden press secretary, president obama stood up and thanked the amir of qatar during that press event. that plays into it the most

recent prisoner swap with al-marri and a the questions there bill the reason they are dragging their feet on this one is also so they can have the time to do what they did yesterday which is change the definition of the taliban's designation. >> i don't know about that. >> i do. why else would they do it. >> court of public opinion is not going to buy that. >> why else would they do it and make an effort to say something so ridiculous? >> because they don't -- well, maybe that's attached to it. look, by calling the taliban an armed unsurgency and saying they are not a terrorist group jeanise, he insults the intelligence of every person on the earth. you don't shoot -- >> look, there are practical reasons why they are not listed as a terrorist group. let me finish my point okay? let me finish my point. there are practical reasons, right?

the operations are internal in afghanistan. number three the right time to have put them the best time the most opportune time to put on the list in 2001 when they were giving safe harbor to al qaeda. bush did not put them on the list. >> having them on official list. >> now we do not know this there is some kind of reconciliation process. >> that's a legitimate point. >> thank you. >> don't have to be on any formal list. but when you are saying are these guys terrorists? you have got to say yeah. they are terrorists. ladies, thank you. good debate. directly ahead. donald trump apparently mad at us. we'll find out why. also coming up, laura ingraham on 26 states suing president obama over his immigration order. those reports after these messages.

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republican side, wow, talk about a reality show. we'll have the inside story. >> so, i suggested governor palin might want to relax in the tip of the day last night because the tease was harmless. well, donald trump has weighed in. tweeting that mrs. palin is correct in that the factor is heading in the wrong direction mr. trump joins us on the phone from the trump national doral in miami miami, huh? >> it's nice and warm in miami it's beautiful. >> you i shoved a bunch of snow

in front of your door up here. >> the beef is all day long they advertised trump and palin and just over and over again and i said i have got to watch this not that i don't watch you anyway. and i was waiting and waiting for trump and i was even waiting for palin who is actually a very nice woman and a very good woman. and there was nothing about me and nothing about her. but there was nothing about me. so i said to myself, you know, that's sort of truth in advertising words. >> you are on deceptive advertising. >> they used deceptive advertising. >> there was something about you. you missed it. >> well, perhaps i did. if there was it's awfully quick. >> i know you, you are a fair guy. the segment was about all of the candidates that are thinking about running for the president on the g.o.p. side. we ran them down, all right. and said strength and weaknesses. you were in there.

and so was governor palin. strengths, presentation liven things up. straight shoulder, -- shooter. weaknesses very challenging, that's exactly the word i used to get an organization in every state up and running in time to compete. that's where you were. so come on. the factor is head hadding innz"&par very quick little thing. the ads were massive and i expected to have a nice piece. i saw something very briefly. but it certainly what was advertised. that's okay. as far as heading in the wrong direction, i don't know. i think you have your act together pretty well bill, don't you? >> you are going to take that tweet back? can you take a tweet back? do you grab it out of the sky? >> i would never do such a thing. >> yeah, don't be a pinhead. don't tweet. you don't need to tweet. i mean, you know your words are worth more than this cheap cyberspace.

let me just separate it i'm glad you came on because now i know you were saying look i don't want to be exploited in some stupid television show in i'm not involved. that's a legitimate point. okay. but sarah palin was actually offended that i said wow, this could be a great reality show. and, with you and christie and palin -- >> -- well, i think you are true. >> yeah. >> and i think that's right. you see the kind of record numbers the apprentice was doing. >> i knew we were going to get to that. >> absolutely. you see the record numbers we got the other night on miss universe. it took the evening. so happy about that. >> i have got to tell it you donald you and a bathing suit in the contest. >> that wouldn't be for me. that wouldn't be for the public and it wouldn't be for me that's true. >> now look, i don't think you are going to run for president. but, let me ask let me say. this i like the fact that you are not afraid to say what's on your mind. i think we need that in a presidential race. so i'm not offended if you

don't run are, if you do run, but if you you decide to run, you have got to know that building an organization that you would have to build is very difficult for a person who has never done it before. >> but how do you know i'm not building it right now, bill? how would you know that? >> because you are playing golf in miami, donald. >> i'm not playing golf. i own the club. i'm working with contractors. i'm not doing golf. >> are you telling me you didn't play golf this week? >> did i not play golf this week. >> not one time from stunned. >> -- stunned. >> i'm fighting with contractors and making the job look beautiful. it's almost finished. >> somebody saw you putting through one of those wind mills in open. >> that wasn't me. i'm a worker. not a player. >> watch the tweets. we want you to come on tell it like it is. >> you too. >> don't worry about me. plenty more ahead as the

factor moves along this evening. did you know that a fox news correspondent was once a fighter pilot in the navy? amazing story we'll have it for you bernie goldberg on more "american sniper" madness. we hope you stay tuned to those reports. reports. dayquill cold and flu doesn't treat your runny nose. seriously? alka-seltzer plus cold and cough fights your worst cold symptoms plus your runny nose. oh, what a relief it is. [ narrator ] mama sherman and the legion of super fans. wow! [ narrator ] on a mission to get richard to his campbell's chunky soup. it's new chunky beer-n-cheese with beef and bacon soup. i love it. and mama loves you. ♪ ♪ huh, fifteen minutes could save you fifteen percent or more on car insurance. yeah, everybody knows that. well, did you know that playing cards with kenny rogers gets old pretty fast? ♪ you got to know when to hold'em. ♪ ♪ know when to fold 'em. ♪ ♪ know when to walk away. ♪

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in the did you know that segment tonight, how does a lady fighter pilot go from that fascinating job to a national reporting position at fox news?

first, the facts. leah great gabriel graduated from annapolis spent 12 years flying fa 18 hornets supporting in iraq and afghanistan. as well as gathering intelligence. she then left the service and here she is a national correspondent. let's take it step-by-step. annapolis is no easy thing right? >> i wouldn't say it's an easy place to go. >> what was the hardest thing about being a female they call them cadets in annapolis. >> midshipman, actually. >> okay. >> i think the hardest thing for me it was the first time ever being a minority which i think was a very valuable experience for me. you have to learn how to fit in and learn to hang with the boys. >> five to one or six it one. >> when i was there 10% women. >> 10%. 10 to 1. the physical training was that hard for you it? >> wasn't ha hard because i was a figure skater growing up. >> figure skater kind of skated around but you are in

shape. >> yes. >> so then you get through annapolis and commissioned as a naval officer which is very impressive. and you were an aviator before then, correct? you knew how to fly planes or did you just learn? >> no, i just learned. i completely learned in flight school, actually. i saw the blue angels fly when i was naval academy that's what inspired me. they flew f-18s i was in awe of them. why am i in awe of these guys i'm in a position to fly that airplane. >> you are an officer. so you applied to the aviator school, right? >> right. >> that was in florida? >> part of it was in florida. i kind of jumped all around. part of it was in florida. >> you get accepted into that. >> um-huh. >> that's not an easy thing either right? >> it's selective to become. >> you v. couldn't be -- have any bad marks on you so they take you down and teach you how to fly. did you choose the airplane that you wanted to be in because you could have been in a number of planes, right? >> basically, it's all competitive, in my class, my primary aviation class, there was only one jet slot.

so i had to be number one in my class to get it. throughout the flight school did was a competitive process. i knew i had to fly f 18s. >> you had to be the top gun in the class to get into the if a 18 and did you it. >> i won't call myself a top gun. >> were you number one because you beat out all the guys? >> primary flight school yes. >> then they ship you over to iraq first? >> i actually flew missions over afghanistan. i flew a couple over iraq early but most of mine were over afghanistan. >> you were in iraq. >> actually no, i just flew a couple of missions over iraq. >> before the war started you did that? >> right. >> then when the war started in afghanistan, you went there? >> right. >> bag gram? >> no. i was still in the persian gulf flying missions off "uss george washington." so when i say before the war, i mean before the war in iraq. admissions over iraq. i was flying missions in support of operation enduring freedom. supporting troops on the ground. >> you were based on the

carrier. >> on the carrier, yes. >> so you zoom out there. now, was that dangerous? >> you know, as somebody flies an f-18 because of the rules of engagement that we have, it's not as dangerous as you would think. the most dangerous part actually may be coming in to land on a ship at night after you have flown seven hours. >> landing on the aircraft carrier at night. were you scared? >> you know i'm not going to lie to you bill. >> no one does. >> there were times it was scary. >> because it's just you. you don't have lenny in the co-pilot. >> cat shot i thought were scarier than the landings. >> what shots? >> catapult shots getting thrust out in the pitch black. >> cat shots. i thought you had a little cat at home. they pulled you back and the plane goes zooming. >> basically slingshot you off the aircraft carrier they are a lot of fun. >> extraordinary story. so then you decide to become a tv person. >> yes. >> why? >> you know, when i was serving, i really started paying attention to journalists because it occurred to me that

journalists were writing tomorrow's history today. i really credit them with bringing the war to people at home and helping them understand people who were serving. and i really appreciated, you know the fact that even people who might not support the war tended to support our troops because of journalists. >> all right. did you go back to school for that? >> did i do some school for digital journalism yes. >> then you got a job in san diego. >> i did. that was my real school was out beating the streets. >> local station in san diego, right? >> yeah. >> it's a good market by the way. >> great market. >> so you learned your craft? >> yes. >> then they hired you here? >> yes. it's been a great honor to be here. when i was in the military i really appreciated how fox news supported the troops. >> oh yeah. >> people like yourself i know have you been to every war since is have you been adult that the u.s. has been involved in. >> i got body guards. you are the one up in there with the cat thing or whatever. right out of there amazing story you know. >> thank you. >> here is the tip of the day for lea you should write a book.

absolutely write the book right now. do the little chronicle thing and i will do the forward for you. >> i have got the title. i will call it "killing o'reilly" then. >> then you will sell 6 million copies if that comes true. more "american sniper" madness, bernie goldberg will react to that laura ingraham on more than half of the states of the union rebelling against president obama's proclamation on illegal immigration. moments away. it breaks you free from your toughest cold and flu symptoms. theraflu. serious power.

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see your authorized mercedes-benz dealer for exceptional offers through mercedes-benz financial services. the o'reilly factor. the number one cable news show for 15 years and counting. >> thanks for staying with us. i'm bill o'reilly in the madness, that's what it is. and sniper and the man chris kyle. >> what people described as his racist tendencies towards iraqis and muslims as he was going on some of these killing sprees in iraq on assignment. i think there are issues. >> wait a minute, killing sprees? >> chris kyle was going on killing sprees? >> when he was involved in his on assignments. >> right. >> in terms of what he was doing. >> right. >> a lot of the description that has come out from this book in some of the terminology that is used

people have described as racist. >> incredibly. that was nbc correspondent. not an opinion person. joining us from miami the purveyor of bernard goldberg.com mr. goldberg. every day this gets crazier and crazier and crazier. it hits a core far left value. it has that youd -- naued this movie and the late mr. kyle. has knawed into their fabric. >> what's that about? >> look after vietnam liberals in general, in general. and the lesson was don't figuratively or literally spit at the troops. it isn't their fault, if you have a gripe, take it out on linden johnson or robert mcnamara no problem. but lay off the troops. liberals in general have really learned that lesson because they treated the

troops based generally speaking with respect after they came back from iraq and afghanistan. the hard left the hard left is another story all together. whether it's this correspondent, hard news correspondent used to work for al al jazeera before he went to nbc. whether it's that correspondent you are looking at or howard dean who said the people who went to the "american sniper" movie are angry before he apologized for making a stupid remark like that, or whether it's michael moore talking about how snipers are cowards or whether it's mat taibbi at rolling stone who wrote a piece under the headline "american sniper" is almost too dumb to criticize just blasting the movie, these hard-left people didn't like the military back then and they don't like the military now. but what they really don't like, and this gets to the heart of your question what they really don't like are american people who do like

the military. that's why they are going crazy over this movie because so many americans who are fundamentally not like these elite liberals, fundamentally different they are embracing the movie. that's what is driving these people nuts. there are liberals in the media who have had no influence on ordinary americans. that really does bother them. >> the movie is set to become the most profitable r-rated film of all time. >> that's right. >> and the "passion of the christ" has that mantel now. i think "american sniper" will pass it. in hollywood they would say, you know what? maybe we want to do more of these kinds of movies. >> it's called show business, business for a reason. it's it a business. i mean, this movie before it's taken out of circulation will become probably the biggest or may become the biggest r-rated movie as you said.

but hollywood is a liberal institution. in hollywood they don't give the go ahead to very many movies that embrace conservative values. by the way one of those two movies, "american sniper" and passion of the christ have in common? they appeal to conservatives, whether they're religious conservatives or old fashioned patriotic american conservatives. they appeal to conservatives. but, in hollywood most conservatives are in the closet. they are afraid they are going to lose work if they come out and announce they're conservative. but since it's a business, show business you would think they would make more movies that appeal to the values of conservatives like "american sniper," like passion of the christ. it is a business after all. >> but they don't and i don't think that's ever gonna change. i just think the culture out there. we will see. we are making some inroads here. we have got the killing jesus movie coming up. it's going to be a

blockbuster. we have got that made. and, you know slowly. benchy, as always, thank you. laura ingraham on deck. a revolt against president obama's executive order on immigration. and a wild mail segment starring sarah palin up ahead. the latest choice for frequent heartburn. get complete protection. nexium level protection. push your enterprise and you can move the world. ♪ ♪ but to get from the old way to the new you'll need the right it infrastructure. from a partner who knows how

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your free decision guide and start gathering the information you need to help you go long™. ♪ ♪ back of the book segment tonight, the week in review from the ingle angle. there is a revolt going on about president obama's immigration order. 26 states are now collectively suing the president. stopped him from not enforcing immigration law. joining us now from washington miss laura who is an attorney as well as a pundit. so the suit is directed to the supreme court, it looks like right? >> they would start the suit on the state level. they take the suit to federal court.

so it starts in the district court level. and the argument that 26 states are making, bill, is that there are hundreds of billions of dollars in additional expense loft on to the state because of this. and it goes everything from in indiana they say we're going to have to pay welfare benefits in wisconsin the governor there is saying illegal immigrants will have to be able to get conceal carry permits. in texas they say we have to hire at least 100 new staffers to process the new paperwork for all these new immigrants. and it adds up to 1,100 pages of documents including they have affidavits, sworn testimony as to why this is going to cost so much. that's one thing. >> so they are doing it on a money basis. texas is leading the charge. >> right. >> 26 states have signed on. but, you know how these things go. it's like the gay marriage thing as one judge says yes. then one judge says. no appeals court says this. supreme court. it's basically the states are saying the president overreached.

is he violating the constitution. he can't uniformly change the law and we are being punished because he is changing it it's got to the go to the supremes. >> eventually it will go to the supreme court. i will say this to my conservative friends out there that think you are going to get your ultimate relief by running to the court you may or may not. as we saw with the obamacare decision, with justice roberts and as we have seen and as we've seen 40 years after row versus wade and five republican appointees -- they didn't overturn. they called obamacare attacks. lots of stuff is happening on the court level with all these new, bill it's very important obama appointees, and clinton appointees appointees, and believe it or not some bush appointees to the federal courts that might not deliver the results to the states or john boehner if he decides to let the house go through with the lawsuit relief on a separation of powers issues.

so i think the power of the purse was the way that the congress had to go to really restrain the executive branch. and it was clear from the beginning, the lame duck session, that they were never going to go to the mat using the power of the purse. there were going to be a bunch of show votes and say, well but we're going to the court. >> but they didn't want to be in a position -- they being the republican party, to turn public opinion against the party. that brings me to my next question. this is a de facto legalization play now. everybody knows it. we're following it here in new york city. as soon as the president signed the executive order saying 5 million illegal aliens can't be deported, they have a right to stay here, then the city started giving them id cards to everybody, not just the 5 million. >> exactly. >> you just snuck in, you overstay your visa, here's a card, you're legitimate in our eyes. you want to come on in, de blasio give you whatever you want to do. that's what they're doing. everybody knows it now. it's another charade, another

ruse to get open borders and legalization of everybody. >> exactly. think about it bill, we have an opposition party. we have republicans in charge in the house and the senate. and all last year we kept hearing from the republicans don't wait. don't worry when we're in charge, we're going to handle this. we're going to use the power of the purse. we're going to do this and that. and then they get in charge and those same republicans are saying, well we need four or five more senators so we have a veto-proof majority in the senate when what they need to do is send them a bill, mr. o'reilly, that sends them a bill everything in dhs except the administration amnesty. it is barack obama effectively shutting down the federal government. the argument is easy to make. it's cleanly made. and it can be made coast-to-coast in a very cogent and logical fashion. >> the downside to the argument is that the republican party believes that will alienate hispanic americans. >> oh, okay i guess the

constitution doesn't matter then. >> i'm playing devil's advocate. we're almost 30 seconds here. if the republicans win the presidency in '16, all of this can be undone. >> oh, really? jeb's going to do that? >> depends who it is. >> well he's not going to do that. >> in the final analysis the folks have to make the call. who are they going to put in there? >> new gallup poll showed today people by a 6-to-1 margin want less immigration more than they want more immigration. so the people have spoken on the immigration question and the wages question, but the establishment refuses to listen to the people. so there you have it. >> okay, laura, thanks as always. segment next starring sarah palin. fact moments away. this tylenol arthritis lasts 8 hours but aleve can last 12 hours. and aleve is proven to work better on pain than tylenol arthritis. so why am i still thinking about this? how are ya? good. aleve. proven better on pain.

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no offense is intended. my tip to you is apply more tact so fewer people will find you offensive. my tip to you, marvin, is don't be a pinhead. my job here is to get the truth to the folks. i don't care who's offended in the process. mike davis, illinois. bill, you can be condescending. that's what offended sarah palin. and you're also condescending when you refer to us as folks. jackie, norman oklahoma. o'reilly, you were a pinhead to disparage sarah palin taking a cheap shot at a woman is beneath you. so i guess you missed the video of chris christie and donald trump with ms. palin on the screen when i mentioned the governor. i guess you kind of missed those guys. they're pretty hard to miss. and because i am looking out for you, jackie, here's some advice. drop the woman crutch. no cheap shot was taken at anybody. it was a harmless tease.

playing the victimization card getting tedious. matt moier, new jersey bill, your reality show reference was harmless. if that ruffled sarah's feathers, she better not run for office. bill, i agree, you meant no offense and the show tease was harmless. i've never seen anyone treated so disgracefully as sarah palin fore. you should not blame her for being oversensitive. ohio, my mother and i watch "the factor" every night and we are disturbed because jesse watters is always talking to half-naked women who are airheads. please tell jesse to interview some short fat women with brains. we'll do christie. tennessee. bill, killing patton's an excellent book, but i have a question. nobody knew general patton was going to go hunting that morning he died. so how did the driver of the vehicle that killed him know he would be on the road? you know imus asked me the same question this morning, rob. george patton was set to leave europe and decided to go on a

hunting trip just one day before his journey to the u.s. began. both the o.s.s. and the nkvd, the soviet intelligence agency were watching patton very closely because he was going to do a speaking tour back in the usa where he was going to condemn stalin and soviet union. we believe patton was being tracked and when the opportunity arose was attacked. it had happened twice before. finally tonight, speaking in the senate yesterday patrick leahy said this to loretta lynch. >> in state court there was a case where a child rapist received two years. you obviously disagree with that. you've brought federal charges. and i think of bill o'reilly on fox called you a hero, said "you should be respected by all americans for standing up for

girls injustice." and i agree. i agree with bill o'reilly on that. >> now, senator leahy is correct, that's what ms. lynch did. when "the factor" reported that case all the way through. so here's the tip of the day, it shouldn't matter what party or ideology a person is aligned with. senator leahy's a very liberal man. if a person, an american or anybody else, does something noble, everyone should acknowledge it. if we all did that america would be a better place. that is it for us tonight. please check out the fox news factor website different from billoreilly.com. also 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 one of my favorite words do not be a poltroon when writing to "the factor." tomorrow we have a special super bowl "watters' world," which i understand is off the chart. so look for that on friday's

"the factor." again, thanks for watching us tonight. ms. megyn is next. i'm bill o'reilly. the spin stops here cause we're definitely looking out for you. breaking tonight, u.s. officials now confirming to fox news that at least one of five taliban killers recently released by the obama administration has now returned to terror. welcome to "the kelly file" everyone. i'm megyn kelly. in june of last year president obama agreed to swap five top taliban commanders for captured american soldier bowe bergdahl, a sergeant accused by his squad of deserting. these guys are considered generals in the taliban terror army with the united nations saying they ordered or supervised the murder and torture of thousands. nearly all have deep ties to al qaeda. and one of them even harbored osama bin laden before the 9/11 attacks. but they went free anyway. and even the president