comment tonight. thank you for being with us. we will see you again tomorrow night. right here at 7:00 p.m. eastern. if you can't watch live. use your dvr. we leave you tonight from the national law enforcement officers memorial. good night. >> the o'reilly factor is on. tonight: >> the truth of the matter is elizabeth is not a politician like everybody else. >> for saying that president obama is being accused of sexism by his own crew. fascinating story. we will analyze it tonight. >> human nature kicked in those people who -- they didn't care about anybody else. they were getting off that train. >> chaos after amtrak train derails in philadelphia. it looks like it was every man and woman for themselves. martha maccallum is investigating. >> this is what our strategy should be. we will look for you. we will find you and we will kill you. >> also ahead senator marco rubio on how he would handle foreign policy and his

seament of assessment of hillary clinton's weaknesses. you are about to enter the no spin zone. the factor continues right now. ♪ will be in ♪ >> i am bill o'reilly. thanks for watching us tonight. is president obama a sexist guy? that is the subject of this evening's talking points memo. in perhaps the strangest political story of the year the president finds himself being attacked by the far left for criticizing senator elizabeth warren. as you may know the president is trying to get a free trade agreement passed but ms. warren opposes. >> elizabeth is a -- you know a politician like everybody else and, you know, she has got a voice that she wants to get out there, and i understand that. and on most issues she and i deeply agree. on this one though, her arguments don't stand the

test of -- of fact and scrutiny. >> well, upon hearing that, the national organization for women slammed down the hammer. bang. president terry o'neill said quote: yes, i think it's sexist. the clear subtext is that the little lady just doesn't know what she's talking about. of course, president obama never said anything about a little lady. maybe there was one in the room but i didn't see her. that's the spinness o'neil put on the fairly benign comment the president made. the far left senator sherrod brown from ohio piled on. >> i think the president was disrespectful to her by the way he did that. i think that the president -- i think the president has made this more personal than he needed to. >> of course, this whole thing is insane. it's a political disagreement. there is no sexism involved.

but the white house, which is sympathetic to the grievance industry generally now has to deal with it. >> senator brown is a stand up guy. and given the opportunity to review the comments that seemed like they were made in some hayes that i feel confident he will do the right thing and apologize. >> as the cliche goes, good luck with that again there was no sexism in president obama's comments toward senator warren it's a fabricated situation. this is preview of what we are going to see in the presidential campaign. the militant feminists are firmly in hillary clinton's camp. so if mrs. clinton is sexism. far left demonizing people with whom it disagrees with with. the irony is that president obama is a former uber liberal champion. now he is a bad guy in a presser because he wants a

free trade agreement and rather than debate that situation on its merits, far left does what it always does attacks personally. there is no better example i can give you of the political climate in the u.s.a. right now. and that's the memo now for for the top story reaction, with us here in new york city. a liberal thinker and co-host of outnourished andrea tantaros, a conservative. barack obama sexist, andrea? >> no. not at all. >> never? >> not in this instance definitely not. they are friendly. i think he has a close relationship with elizabeth warren. maybe he should have called her warren like you call me taken tear rose. >> i knows that's why you do it. >> i don't want call any woman by first name and on accused. every woman has the last name. how about you can is the president is a sexist. >> it's a real issue but these claims dilute the issue. i don't know what now is thinking but sherrod brown wants to run for president '. he is trying to appeal to women by making some sort of

sexist accusation. >> let me stop you there. number one i called you nomiki because that could be the last name. her name could be grace nomiki. >> it's confusing. >> what you basically say is that sherrod brown is doing this for political reasons. is he not being an honest man. >> i think so. >> he is using a dishonest kugel. word of the day. hammer a dishonest president. is that what you are saying? >> yes that is what i'm saying mr. o'reilly. >> all right. we are on the record. this whole sexism business diminishes what is a real issue. i don't understand the issue because i'm not feminine. so it doesn't really effect me when i go to the met game. all right? i'm just there. i'm not on the lookout for it. >> right. >> you guys both see it? you see it. >> i actually think that this isn't doing elizabeth warren any favors because she is -- while i don't

agree with her points on this except for the point this deal lacking in transparency. it's doing a disservice. she is making points that are resonating with the far left. and instead of talking about the validity of this deal. we are talking about a stupid issue like sexism. >> remarks on it though. >> i don't think is he doing any favors and i will say this. camille is right. the left sees everything through the prism of race and gender. >> that's easy avoidance though of failed policies if you want to get into a free trade agreement there are two sides this to this story. free trade creates pose parity and jobs to the u.s.a. the other is that it strangles the worker because goods come in from other countries that are cheaper and therefore american manufacturing people get hammered. look. you can take one side or the other. i'm a free trader. i want a robust and competitive economy. all right? if china wants to send us a hat, i'm not going to buy it unless it's a good hat. if it's a good hat i will buy it.

that's it. the sexism deal is lurking everywhere. remember when the state department whats with her name marie harf i said something she was babbling. that could have been a guy or gal. i don't do that. she looks out of her depth. you are a sexist. you can't. it's insane. you know what it does? it makes intelligent people walk away from the argument. they will not embrace the argument ever even if you have a real point. >> i think sexism exists and definitely exists in the senate. what is interesting is elizabeth warren hasn't stepped up. the reality here is elizabeth warren has a close relationship with president obama. president obama calls joe biden joe. he calls elizabeth warren elizabeth. he calls hillary hillary. he uses first names in close relationships. >> this is fascinating because in the talking points memo you bring up the best point this is finally tactics used on other democrats.

>> shocking. >> it is. think about how he did this deal. is he treating democrats the way he treated republicans with he obamacare. >> he does. >> he is keeping him in the dark. is he not giving him a seat at the table. and now they are getting a taste of their own medicine and they don't like it so they are giving him a taste of his own medicinine and playing the sexism card. i kind of love watching it. >> he is playing to the audience. just about presidential politics. >> brown now? >> that's it. >> he doesn't have a chance in hell running for president. he diminishes himself personally as if you are correct, and i'm saying if, that is he dishonest, that he knows there was no sexism involved yet is he is using that to attack the president of the united states, that diminishes sherrod brown okay? >> absolutely. >> so it hurts him. and neither sherrod brown if she was sitting where ms. kongs. >> it is or ms. warren sitting where ms. tantaros is. they would bothing putting. is it a sexist term?

>> i like pudding. if it is i will never use pudding again. next on the rundown senator marco rubio will be here assess being clinton's weaknesses we hope in a nonsexist way. miller on it were brokaw and having a pet. factor is coming back. bring us your aching... and sleep deprived. bring us those who want to feel well rested and ready to enjoy the morning ahead. aleve pm. the first to combine a safe sleep aid... plus the 12 hour pain relieving strength of aleve. for pain relief that can last until the am. so you... you... and you, can be a morning person again. aleve pm, for a better am.

are you still getting heartburn flare-ups? time for a new routine. try nexium® 24hr. the latest choice for frequent heartburn. get complete protection. nexium level protection. . impact segment tonight. this afternoon senator marco rubio, who is running for president. gave a foreign policy speech in front of the council on foreign relations here in new york city. the senator joins us now. so keeping it simple, what's the most important thing america has to do overseas right this moment? >> three things that should underline our foreign policy. the first is the acknowledgment that the world is a better place and america is the strongest country in the world and that's why we need to increase our military

spending. get rid of the horrible reductions that we have seen and also our intelligence capability. they have to be robust. it is important that we authorize the patriot act. second is america's foreign policy needs to keep in mind that in the 21st century global commerce matters more than ever. we cannot allow any nation on earth to control shipping lanes, airspace, the cyberspace outerspace for that matter. >> okay. >> and the third is our foreign policy should always be be built on our values as a nation. we support freedom. we support nations and people who aspire to democracy. we support human rights and their respect to human rights. >> can't nation build anymore. there is another way to do it you can't get down and try to convince the afghans to be democratic. >> give you an example cuba right? we are doing all these relations with cuba under the president and none of this was there ever a discussion about democracy which is just not in oour national interest but strong value of the united states. >> as you know, the thinking is if we get in there we, being the united states, with our value system and people go there and spend money the cuban people say

hey, we want to be like them. so it's one of those. >> that didn't work in vietnam or china. still a communist. >> 90 miles away. i think it might work. i think that the influx of dollars and americans into cuba might give those people saying you know we really don't like that anymore. >> all of that will go into a government holding company that owns the entire economy. >> that's right. and not giving any kind of freedoms at all to no human rights. they didn't do anything. all right. let's get to hillary clinton. if you win the nomination, and your campaign is off to impressive start and i'm not saying that the polls show that where is she weakest? where is hillary clinton weakest? >> to answer that question, let understand where we stand. america was the very best country in the world promises. most powerful nation on earth. we had an economy that told you work hard in this country you may not be rich, you will own a home, raise your family, take vacations. >> your parents did that. >> now it doesn't exist anymore for millions of

people and everyone is wondering why. why don't the old way of doing things work anymore? the answer is because the world, our economy and the world has rapidly transformed. we need transformational leadership. leadership that understands. >> those are all slogans. >> no, but it's the truth. >> the clinton is going to say to you if you are debating her look i'm going to have government programs lift people up and stop this income inequality. i'm going to do this, all right? so is that a weakness for her to say that? >> but they are not slogans that's what's happening in our country and the proposals she is going to come forward with are same tired left of center proposals that are failing us now. the exact same ones. >> president obama says, the president says hey i got us out of a depression. my policies are successful and it goes around and around in a merry go round. >> her policies would make us less globally. you can't increase taxes grow regulations and grow national debt and compete. >> that's a "wall street journal" argument. i'm giving him advice here.

you have got to be a gut fighter here. romney and mccain tried to do what you are saying. they have tried to appeal the american sense of traditional economics and traditional defense. >> right. >> and they lost. >> but the problem is that today you have millions of people that are finding that the jobs they have had for 20 years don't allow them to be in the middle class anymore. why? because this new economy is either wiping out those jobs or they don't pay enough. you have to have a economy that not just jobs pay more higher education people gives people 21st century skills. she wants to pour money into tired programs that don't give skills. >> those are fueling 50% of the american households getting some types of means tested beyond social security and medicare money. they don't want to give the money up. that's her constituency. >> i think the vast majority of americans would prefer to have a better paying job but they don't have the skills for higher paying job or america isn't creating enough of them because we are not globally competitive. >> wee have to unleash the free marketplace. but hillary clinton herself

all right? you are going to attack her as being dishonest woman? are you going to do that? >> i will tell you what we can't afford. >> no, no. are you going to say that hillary clinton is dishonest? >> look, we don't need any drama in the white house. at in incredible hinge moment in our history. pack in the white house two people who been everywhere they go bring drama with them. this country can not afford another eight years of a soap opera. >> are you going to point out what the dramas are? >> absolutely. he we have seen them already. >> if i were running for president i would say listen, i want the fbi to investigate the clinton foundation. >> well, her time as secretary of state is now filled with drama because of the email scandal. the foundation is filled with drama because of ties between the foundation and business deals. >> do you want an fbi investigation into that? >> if it's appropriate. >> do you think it's appropriate? >> we don't know enough about it yet. >> how are we ever going to know if the fbi doesn't investigate. >> ultimately we will find out more about these. >> how? >> the house oversight committee is looking into the email problems and from that i think we will know a

lot more information. >> house looked at the irs scandal -- >> -- that's because the justice department doesn't want to move forward on it under this president. if the evidence would come forward it would compel them to act. at the end of the day americans understand we are in a time of extraordinary uncertainty about our future, what kind of country are we going to be? we cannot afford to have drama in the white house. >> all right. >> all right. >> is it if you please so far for you? >> it has been. it's a lot of work. >> it's a lot of work. if you start to become the frontrunner, you are going to get attacked. you are ready for that. >> that happens all the time. >> you will be a sexist, racist. whatever ist they can put on you. but you are always welcome here and we appreciate you coming on in. >> thank you. >> directly ahead the clinton campaign working with another super pac that's unbelievable attacked marco rubio and everybody else. then, inside the re-day-old amtrak train martha maccallum has been investigating some very troubling allegations. up ahead.

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personal story segment tonight defending the collins, yesterday a group called correct the record founded by smear member crant david broke announced it is working in coordination with the clinton campaign as a stand alone political action committee whatever that is. joining us now from boston, texas, karl rove. very familiar with political action committees. i don't know what this is. i mean, tell me what this is. i'm not certain i know what it is. they say it is a super pac which means they are not bound by the individual contribution limits. if you want to contribute to hillary clinton's campaign or anybody else running for president. you are welcome to if you give to a super pac that is

not run by the campaign you can give unlimited amount of money. barack is saying i'm going to have a super pac capable of receiving unlimited contributions from any individual or corporation. but at the same time, we are going to work in coordination with the clinton campaign, which is illegal. you cannot coordinate. that means to say you can't say we'll do this. you do that. today let's talk about this. tomorrow we are going to talk about that. you know, is it okay to say this? you can't do that. but they say they are going to do that and they are going to do that by using a loophole that sayays the laws don't apply to political activity that is on the internet so if you put something up on a blog or send something out on twitter or make a video that goes viral none of those things are subject to -- >> that is a legitimate loophole right? >> except that the -- that you can only do that if the

people involved in it are uncompensated. that is to say if the people doing all that activity are sort of ordinary citizens operating on their own. >> professional rider paid for by the super pac put up the words? >> right. george clooney who recently said he would do anything to get hillary clinton elected he can give this super pac run by this notorious -- notorious gutter snipe $10 million. he can give it $20 million. broke -- brock takes the money and decides which person to smear because that's what he does. he doesn't do anything else, right? that may be a threat to hillary clinton's campaign. has to do it on the net and has to do it with people he isn't paying, correct? >> right. right. and so how do you do that?

>> there is nobody watching it the federal election commission or everyone else in charge. >> somebody will file a campaign challenge to it the moment that they have to file. look, they have to file federal election commission statement of receipts and expenditures. and if they are paying anybody. you can't get away with saying look. pay and we got one -- 100 people we pay and one guy who is not compensated and we all do the work and we give it over to the uncompensated guy and puts it on the internet. >> but you need an undercover in there and by the time that thing is all adjudicated. mrs. clinton will either win or she won't. you know how it works. buff why you were involved in the presidential campaign. and all presidential campaigns are nasty. you go back to adams against jefferson. nasty, nasa, okay? but why would someone like hillary clinton align herself with the worst element in politics? because everybody agrees

this guy broke -- it's the salute worse. you don get lower than this man. he was once a conservative and he was horrible. he went after the clintons. people don't realize this man was the one that posted the story about bill clinton and paula jones and the state troopers and all of that. it was him. and then he converted and now he does the same thing on the other side. why would a presidential contender want to be anywhere near somebody like that? >> well, if you are the clintons, there are one of two reasons and maybe a mixture of both. one, you want them inside the tent, not outside the tent. that is to say he is such a problem that you would rather have some control over him rather than no control at all. and second of all. it may be because they believe what he does is useful to his ambitions to be president of the united states. if they didn't want to be associated with them if they wanted to cut off the money. if they didn't want him to be out there acting on heir of what they could make it happen. they obviously do want

him -- they are encouraging people to give him money it speaks volumes about her overwhelming ambition to be president. >> you know, i cannot understand it and i have said this to clinton people who i know are close to her why are you doing this? you know it's just, all right. karl rove, everybody. thank you. plenty more ahead as the factor moves along this evening. after the amtrak train derailed did some people act like savages inside the cars? martha maccallum has been investigating. also dennis miller always civilized, on tom brady and robo pets. we hope you say tuned to those reports. hey pal? you ready? can you pick me up at 6:30? ah... (boy) i'm here! i'm here! (cop) too late. i was gone for five minutes!

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we're helping organizations transform the way they work so they can transform the lives of the people they serve. truth serum segment tonight. two hot topics justice in baltimore. the factor is trying to find out how many people out of the 486 arrested in the violence down there have actually been charged. joining us now from washington shannon bream and here in the city eric shawn both fox news correspondents. why can't we get this information,. >> ask mosby. >> we ask every day. >> this stuff is in the computer and get in push the button and spew it out to you. >> may 6th. maryland public information act title 4 of the general provision article of the maryland code 14203 we have reviewed your request and will produce the information within a reasonable time period that is needed to retrieve the public record but not more than 30 days after receipt.

>> retrieve the public record. look, when you charge someone with with a crime that immediately goes into the computer data base. >> it does. >> of the county in which you ever charged. so as you rightly pointed out, all they would have to do is have an intern just pop it up and then they could get us the information. clearly they do not want to give us the information. >> according to her letter she has promised you by june 4th. >> we want it now. to put things into perspective. now, they can update it any time they want. but 486 arrests, how many have been charged thus far? then we can move the story along. but they don't want to give it why do you think they don't want to give it? >> they may not want to say some people were released, perhaps. they already made a statement people were released. >> you are holding feet to the fire to break it down who was arrested and who was released. outcry look you just let people out first of all if you were arrested in maryland, have you 24 hours to go before the court

commissioner. the governor moved that to 48 hours. >> after the rise? >> yes. and what the police have said and has been acknowledgeside that they did not have all the manpower and it was a mess to try to get everybody together. to get all the paperwork together. in some cases they have to release people. many they were innocent. when you are in to that kind of intense situation where your first duty is protect. and you are grabbing people off the street, and you have to go back and do the paperwork. you don't have time to do it that week. we understand that all we want to do is have an update. we understand that it's not an easy gig. i'm going to predict now sean that 20% less than 20% of those arrested will be charged. and those charged will be minor, minor crimes. may be a couple they will showcase. >> we will know on june 6th according to her letter. >> okay. let's get to the veterans administration as you know last year it was a big scandal and they appointed a new director and here is what he said. roll the tape. >> 900 people have been fired. >> okay. >> since i became secretary.

>> all right. >> we have got 60 people that we fired who have manipulated wait times. >> okay. so shannon bremen in washington, he said how many people have been fired? >> 900. >> and how many people actually have been fired? >> well, it is true that there were 900 people that were fired but you need context for that because half of those people were in this sort of probationary period, been there less than a year. these are not people who would have been years long deep seeded problem. the second number is even more disturbing because he said 60 were fired in conjunction with those wait times and the falsification. not so. both the "the washington post" and "new york times" have gotten their names on documents given to the house affairs committee. boiled it down it looks like now at most three people were fired connected to that particular scandal. >> he wont to remind everybody the scandal were was the vets were going in and asking for treatment. they couldn't get treatment. waiting times outrageous. it broke in arizona. the new secretary robert mcdonald said 60 people were fired because of that.

the reportage says three were fired. is that what you are saying? three not 60? >> yeah. and what's interesting is the "new york times" says based on the documents it has seen. they think you could say even just one person has. >> just one? what does mcdonald say about that? >> well, it's interesting because the department has put out some clarification after his statement. >> clarification? >> we want to clarify that, yes, dozens of people did get in some kind of trouble. but we are talking about. >> some kind of trouble? >> they might have gotten a letter in their file. >> maybe they tied their shoe laces together? >> they might have but that doesn't count as getting fired. >> all right. so once again the federal government not giving the folks, we the people who pay their salaries, the correct information in the va and in baltimore we can't get any information. >> country. thank you guys. when we come right back, it will be miller time. tom brady robots and the decline of christianity. miller is next.

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so, what brings you to jersey? well, geico's the #1 auto insurer in new jersey, new york and connecticut. so i just came by to say "thanks." #1, huh? that's great. here you go. a little token of appreciation. oh, that's... that's... that's great... now i'd say you probably need a large. geico. fifteen minutes could save you fifteen percent or more on car insurance. thanks for staying with us. i'm bill o'reilly in the miller time segment tonight. let's get right to the sage of southern california, who joins us from santa barbara. so what about this tom brady deal miller? >> well, nfl history would tell us if they had a

security video of brady getting on to an elevator with a armful of inflated footballs and then getting off 15 seconds later with an armful of deflated footballs he would have only gotten two games. so i would say they have a bit of rag tag approach to disciplinary criteria over there. you know, the brady thing doesn't really bother me because can i be honest with you? to me the entire culture is deflated. this is just a scale. i think brady is paying for goodell's sins here. goodell has been a horrible commissioner for the last couple years. and now he has got to do this to flatten this guy. do i think he cheated? yeah, i do. do i think it's the end of the world? no. it's a game. goodell thinks that it's more important than a game. he thinks he sits atop a stampeding woolly mammoth of bureaucratic stipulation. is he barack owe roger. who cares? it's a game. who cares? he deflated the footballs. >> you can't cheat? >> why? why can't everybody

quarterback do it? if you are going to have any quarterback can't do it. >> same thing in baseball you can't put vaseline on the ball. >> i disagree, billy. i would say to every quarterback hey we want want a good game. pick the ball up and tell us where you want it at and they can all do it. >> that little midget football they would be throwing, come on. you have got to have. >> i don't think it rises to the level billy. i'm sorry. i think the nfl has a bigger problem. a pr problem. at this point jerry jones can't even keep a straight face and that's lety anatomically impossible for him at this point. >> i don't know what that means. >> i know you don't. you are covered. you still got ducts. christie is still out there spending 82 k on hot dogs. >> in new jersey they did an audit of concessions for the governor, that's what miller is referring to. and it's like $300,000 in concessions or something. and he said look, i was buying for everybody else for the fans. >> i'm sure. the entire stadium got a grand.

>> all right. so we did a story yesterday a pew research study says christianity is on decline down about 8 points in a few years. and atheists are on the rise in america. make any sense out of that? >> well, i'm trying to play it smart. i have invested in a lot of catacomb time shares. i think christians are going to get flattened over the next few decades. you know why? they don't behead you if you flatten them. i think they are going to end up getting flattened. let's face facts. the coming trend in america is the state is going to be gone. i know atheistst who defy barack obama that's what's going down the pike. do i ever think it will be christians versus lions again? the progressives would view that as animal cruelty toward the lions. i don't think it will get like that again. if i was a christian would i lay low? yeah, i would. >> listen, there is no question that that secular

societies like the soviet union, nazi germany told their people flat out the state is your god. the state will provide. don't pray, just step into line and we will give you what you need. that's a very. >> i don't see anything approaching nazi germany i don't i hate that because people. >> historical fact. >> i understand. >> christian person. i would zip it. >> animal researcher at the university of melbourne robotic dogs are set to replace living dogs as pets in the next decade, miller. you buying it? >> yeah. >> a lot of this coming out of japan. note to self, japan has lost it again. a little too much mercury in the sushi over there. you know, billy. i was a -- i was a paul bearer once at a japanese robotic dog's funeral and that's when i decided to

stop munching buttons like they were tic-tacs, all right? i am kidding there. but i actually did have a robotic dog once. and when he would lick himself he would always short out. they do eventually thin themselves out. you know something, if you shame a japanese dog enough, they will commit -- that's the way you keep the japanese dogs in line. >> you don't see this as a trend but you don't have to take the dog out if it's a robot. you don't have to house train the dog. >> don't have to do anything. >> listen billy nothing matters anymore. >> nothing matters. >> damn football. how much did inflate the footballs? >> nothing matters. dennis miller. the quote on his tomb stone. >> the quote on my tomb stone is going to be what are you looking at, pal? >> or you will join me soon. and we would like to remind you that father's day is coming up. tickets to the don't be a pinhead show starring miller and o'reilly make great gifts for dad. we will see everyone in

st. louis. opera house friday october 23rd. next night october 24th. rose month theater chicago. then charlotte, north carolina friday november 6th. hard rock hotel next night november 7th. saturday. finally phoenix arizona at the comerica theater friday december 4th. caesar palace vegas december 5th. bill o'reilly.com tickets going fast. don't mist out. martha maccallum on deck. chaos inside the amtrak train last night how did people really behave? that report after these messages. ended up nowhere. now i use this. the nicoderm cq patch, with unique extended release technology helps prevent the urge to smoke all day. i want this time to be my last time. that's why i choose nicoderm cq.

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they didn't care about anyone else. they were getting off that train and stepping over people pushed out the emergency window. i had to lift myself up. kind of on the ceiling and lifted people up. people got out. >> with us to explain further martha maccallum you see her at 9:00 in the morning. so what do we know? >> he was one person who ha that kind of account. people stepping over people to get out. it would appear that happens in most of these situations where most people clammer to get out the door and knock other people over to do it. some people are called heroes. this man punched out the window and helped 8 or 9 people out. he is he an iraq veteran. >> which man. >> the former congressman. >> he himself helped people. >> oh yeah he pushed out a window and helped several people out of there. we have heard numerous stories about a 19-year-old man with his mother. he went back into the train to help other people out as well. the story of the firefighters and the policemen who were on the scene extremely quickly. >> right. >> and who went in there and

did heroic work. it's extraordinary that we are talking about seven people at least at this point when you look at the damage that was done to that train. >> now is there any explanation for this? >> well, we're learning now is that it was going extremely fast. we're learning now it was going fast. it was going 107 miles an hour and they gauge that from the camera they have. >> what's the normal speed? >> 50 miles per hour on the curve. you can go as fast as 100 miles an hour on that track, this train can travel that quick will you but at the curve the speed limit is 50 miles per hour. >> they have to look at the conductor, the engineer running the train and see what kind of state he was in right? >> absolutely. and the phone issue. it's similar to a crash in spain and that was someone on their cell phone. they will investigate all of that. >> all right. in baltimore, this is a terrible story mentioned but not played up too much. the listen we'rereason we're doing this story is there are problems in

both areas. yes, the minority community is under seas sometimes but there are criminals that do horrendous things. so seven people have been arrested for beating a man, 61-year-old rick fletcher. fletcher just trying to break up a fight. roll the tape. >> horrifying cell phone videos shows a group of teens surrounding 61-year-old richard fletcher kicking and hitting him again and again until he drops to the ground. this is what he looks like after the beating with broken eye sockets, a broken nose broken ribs and a blainerain bleed. fletcher saw two girls fighting. when he went outside to ask them to stop dozens turned on him. >> he wanted them to stop fighting and move away from his car. >> do we know what the seven are charged with? >> first-degree attempted murder in some cases, and many of these

children are 15 17 years old. the 17-year-olds are charged as adults. they were said to be 50 of them out there, of these teenagers. these are the seven pictures the six pictures on this screen released so far. one person is already in custody. this is a horrible story, and the the accounts we're hearing from neighbors this is not a one-time incident. these kids routinely walk across the tops of cars and that people are terrifyed to go out of their home to sell them to stop they are essentially rule thing neighborhood. this man said get off his car and this is what happened to him and you're right, you're not seeing it to the extent we saw the pictures of those in the freddie gray case not even -- >> usual double standard. this is baltimore county. it's the same prosecutor doing that but it looks to me like she's done her job here if she's charging them with attempted murder. >> yeah she's charged seven attempted murder to charges of

assault in this case. >> so no beef here. we know that the system is at least working, but this poor guy, what kind of condition is he in? >> broken eye sockets. he has several more surgeries he needs to undergo. there is a fund to raise money for him online. they say it will go to 200 to $400,000 for the surgeries. this man was beaten -- >> where is the information? >> go fund me is the internet site. >> go fund me.com. >> exactly. >> thank you. factor tip of the day about the muslim cartoon controversy. the tip moments away. my feet felt so heavy at the end of the day. they used to get really tired. until i started gellin'. i got dr. scholl's massaging gel insoles. when they're in my shoes my feet and legs feel less tired. it's like walking on a wave dr. scholl's massaging gel insoles, i'm a believer! are you still getting heartburn flare-ups? time for a new routine. try nexium® 24hr.

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points about the rise of atheists is so off the mark it's laughable. it can and does inspire hate violence and death. spoken like a true atheist, tom. non-believers are a small minority and while you're laughing, you might consider this. many atheistpect belief that calls for loving your neighbor as yourself not just loving yourself. bill vancouver, you missed the comeponents of the problem. families passed on traditions vanishing. brandon in billings montana in response to the professor grundy's anti white comments please let me quote dr. martin luther king junior. injustice anywhere is a threat to justice everywhere.

that's the factor letter of the day. enjoy your signed copy of "legends and lies." done. bob, couldn't believe alan combs agreed that hillary clinton's actions are troubling and the fbi should investigate. jeff johnson fort worth, texas, who is that man sitting next to monica crowley? jeff dunham i believe. bill, love your affection use of the word uprchins. my father call me his little urchin. bill my daughter gave me a premium membership to bill o billoreilly.com billoreilly.com. all premium members get that. linda, sherman oaks california. this is the third year in a row i read my fourth grade class your book "lincoln's last days"

and thank you for sending me their reviews and thank you for being a great teacher. have you seen every episode of "legends and lies." not only educational but opened my eyes to history. billy the kid coming up this sunday night 8:00 p.m. george great story with a bigamistry at the end. we have a poll about the american freedom defense initiative mocking islam in texas. very emotional and controversial issue. unfortunately, our poll was slammed. various groups came in devote in favor of mocking mohammed. people who do not watch "the factor." i know nothing about technology. it frightens me but i have my tech people trying to figure out a way to stop folks from polluting the polls. i don't know if it's possible

but we're trying, in the meantime we'll do our best to give you an honest assessment of what "factor" viewers believe. factor tip of the day, we live in a complicated era and finding the truth is harder than ever before. and that is it for us tonight. please check out the fox news factor website different from bill ochooreilly.com billoreilly.com. ocho'reilly at foxnews.com, name and town word of the day, do not be atrabilious. [ laughter ] . atrabilious when writing to the factor. you know how we know when people are dishonest and writing to us that don't watch the show you know how we know? they don't put their town. they put their name. i said name and town for the past 42 years 42 times.

it's in your mind. when they don't put the down we know they don't watch. again, thanks for watching us tonight. ms. megyn is next. please remember the spin stops here. definitely looking out for you. breaking tonight, 106 miles per hour that's how fast the ntsb says an amtrak train was traveling moments before flying off the rails in philadelphia last night. and while some of the wounded are still being treated and other passengers are still unaccounted for, there has been a predictable but no less despicable rush to turn this crash into a political talking point. welcome to "the "kelly file"" everyone i'm megyn kelly. it was just before 10:00 p.m. the news broke of this tragic accident on the train tracks and it barely took 12 hours for some political leaders to find blame. not enough amtrak funding they suggested. not enough money for