gretawire.com. up next, the o'reilly factor, good night from new york city. the o'reilly factor is on. tonight: justice kayleah is a little more nuances in his criticism. i could have sworn he was already hiding his head in a flesh tone cinch pack. >> far left people celebrity their victories in the supreme court. tonight charles krauthammer andly analyze why america is changing so so rapidly. >> escapee and convicted ki and captured officers bringing him in alive. >> now that the two escaped killers are neutralized, one dead and the other in critical condition what really happened in the jail break? we will have the inside story. >> when you are in penn station, what kind of things do you do you? >> well, right now walking

around with something to eat and then i was going to go see a movie. >> also ahead homeless people taking over penn station in new york city. this happening because of mayor de blasio and watters it right in the middle of it. >> it's a good place to come if you are homeless. >> caution, you are about to enter the no spin zone. the factor begins right now. ♪ ♪ the subject of this evening's talking points memo. the court's acceptance of obamacare and gay marriage was predictable. in fact, is our legal team accurately foretold that what would happen last week. the supreme court is made up of nine individuals who see america in very different ways. some see a country that needs to be changed. others believe we're a settled nation where established laws should be

upheld. generally speaking, we have an activist court not judges that are able to put ideology aside. chief justice john roberts provides a vivid example. he believes that congress should make the laws, not judges. that was the intent of the founders. it's in writing. so roberts jumped through legal hoops to justify obamacare no matter what the legal problems. roberts ignored them. deferring to approval of the ad fordable healthcare law to. his credit is he is consistent. he voted against gay marriage because again he doesn't want the court to make law which the gay nuptial decision certainly does: most of the other justices are consistent as well. they often decides cases through a prism of what they believe to be right for the country. not what our original system of checks and balances dictates. here is now crazy the system

has become in the supreme court. liberal justices ginsburg and kagan each presided over gay marriage. in ginsburg's case, four of them. yet, they did not recuse themselves when the issue came before the court. come on. we either have a fair legal system or we don't. and right now we don't. the factor's philosophy has been consistent with for nearly 20 years. i believe every american, each one of us, should have an equal shot to pursue happiness and prosperity and that the government must provide oversight to provide that opportunity for all. but i do not believe the government has a right to oppose -- impose upon me or any other american rules that deny my freedom to express myself, practice it my faith or earn my living. if a baker believes marriage is a sack correct sacroment

even though the supreme court has ruled gay marriage legal it has no constitutional right to force any american to participate in it. to do so tears up the social contract forged by the founders. americans who sincerely believe that judges do have the authority to redefine marriage have a perfect right to celebrate their victory. provided they are following their consciouses. however, they do not have a right to demonize who disagree based on the same principle, conscience. yesterday fox news analyst father jonathan morris walking in new york city close to where the gay pride parade was taking place. father morris reports two men spit on him. he was in clerical garb. he will tell the story on hannity tonight. oppression runs both ways and all americans should consider that for example

justice scalia wrote a well thought out dissent to the gay marriage decision. he was immediately mocked. >> justice scalia was a little more nuanced in his criticism, writing that if he ever joined an opinion that began the way justice kennedy's majority decision did, quote: i would hide my head in a bag. i could have sworn he was already hiding his head in a fleshed tone cinch sack. please come on my show, sir. scalia also took issue with the majority's view that marriage is about free expression grumbling expression sure enough is a freedom but anyone in a long lasting marriage will attest that that happy state con districts rather than expands what one can prudently say. which is both a fiery defense and the world longest lock horn comic. >> in a few months colbert will be competing against fallen and kimmel both talented and successful

guys. evidence might want to think about alienating traditional americans to the extent he has. it could be very bad for business. the deciding vote in the gay marriage decision was justice kennedy, a good man. he clearly and honestly wrote that his decision was brim -- primarily based on emotion that compassion dictates that gay americans have equal marital status. thus kennedy forged legal opinion using the concept of greater good. there is nothing in the constitution that allows the redesks of marriage. nothing. on a strictly constitutional basis, the decision has to come from congress to change a law. the supreme court deviated from that dictum as it has in the past for political and personal reasons. now, on healthcare, the issue is, again greater good. obamacare is obviously yet

another federal entitlement program designed to help poor americans at the expense of nonpoor americans. the president sold the law on the basis that it's a benefit for all. but only his party bought that. not one republican member of congress voted for it subsequently, health insurance costs have risen for many working americans and a significant number of doctors are refusing to take government mandated insurance programs. but the four liberal judges don't really care about the overall impact of obamacare. they want free healthcare for the poor. that's what they want. and they will find a legal justification for it no matter what the actual law says. add in roberts and kennedy and press toe another enormous social safety net that benefits the have notes survives a valid legal challenge. the sad truth is most americans have no blanking idea what's really happening to their country. these are complicated issues where both sides have legitimate points.

but some important decisions are being made outside constitutional authority. if the trend toward big government and political activism by judges continues, the liberty of the american individual is going to take a huge hit. already we is have a guy running for president senator bernie sanders who does not oppose a top income tax rate of 90%. 90. conservative and independent-minded americans should well he understand what is occurring. uber left politicians and judges aided by compliant media and vicious smear merchants on the net now have political cover and momentum and they are hell-bent on crushing traditional beliefs and competitive capitalism, replacing them with so-called tolerance and forced asset sharing. the tenets of victimization and grievance may soon dominate public policy even at the expense of public safety and majority opinion.

you see in the brave new progressive field the rights and welfare of each american really don't matter. the promise of collective social justice dominates and you will be dismissed as unworthy or even branded a bigot if you get in the way of that promise. that's the reality of america as we head into the the 2016 presidential campaign. spread the word. and that's the memo. next on the rundown, charles krauthammer will reply. also ahead jesse watters trying to find out why things are getting out of control here in new york city. and nbc firing donald trump over his remarks on mexican and illegal aliens. the factor will be right back.

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♪ ♪ ♪ (vo) making the most out of every mile. that's why i got a subaru impreza. love. it's what makes a subaru a subaru. continuing now with lead story how america is changing. we asked charles krauthammer

to come up with three three, i got it, three major reasons the u.s. is going over to the secular side. he joins us from washington. all right. before we get to that, any quibbles with my memo? >> no. i think the basic point have right. particularly on the gay marriage decision. this is a recapitulation of what happened 40 years ago with the abortion decision. you can disagree or agree with the policy itself but the fact is they went completely outside the constitution and it's not so much that they created a right is that by issuing the decree in this case, to legalize gay everywhere, as in the abortion case, it took the issue out of the political arena. meaning that the people, either expressed through referenda or legislators can no longer express themselves on the issues. ruth bader ginsburg who ironically was one of those who ruled for gay marriage, she said before she is to

the supreme court as a criticism of the abortion decision that it prevented a stable social settlement of the abortion issue which at the time was headed in the reform direction which is exactly what was happening with the gay marriage. the supreme court sets in where the country is is moving on an issue making a decision state by state democratically the way the constitution wanted it, and says no more debate, no more decisions, whatever you -- whatever laws you have, or state constitutions you have they are invalid we decide the law of the land. >> that's not what the constitution says. it's clearly a delineation of the three branches of government. the supreme court is not supposed to make law and they are. but here -- this is even -- >> -- well, that's my point. >> this is even worse. you got two justices who performed bay marriages because judges in this country can.

that's a farce. they should have recused themselves and said, look, you know, we perform these marriages. we believe in gay marriage, but, we know that the court has to look at it in a somewhat objective way and evaluate both sides of the story. we're incapable of doing that because we have already thrown into it, so we are going to recuse. that would have been the honest thing to do. >> but the issue isn't even the policy. the chief justice dissent indicated that, you know, on the policy, had he been in a state legislature he might have supported gay rights or gay marriage, but he says it's not our job. >> yeah, this is roberts. >> to pass legislation. our job is to decide what is constitutional. >> it's all out of whack now. >> and decide whether anybody else can decide. he said that's not what we should have done in this case. >> these guys know it that's the thing. that's what troubles me. each of these nine supreme court justices know they are not doing what they're

compelled to do by the constitution. they are not. okay. three reasons why america is heading for secular paradise. number one -- >> -- you try to get me into a rick perry situation here? number one charles darwin. this has been a secular -- the secularization of the west is a phenomenon at least 150 years old. and the main reason is the rise of signs. we could spend a whole hour on that but it's happened everywhere. the remarkable story about america is that we're the least secularized. the pews in the churches in britain, france, italy are empty. they are not empty in america. that's an interesting story. we have become more secular without a doubt but nowhere near where the rest of the west is. >> no. but the science has not been able to prove the existence of any kind of force that would create the universe

other than a deity, they have not been able to. >> look, but that's not the point the point is logical or not or you could produce an august -789d or not the fact that the secularization of the west is a direct result of the rise of science and you might say the narrowing of the areas of ignorance and uncertainty that we had had for centuries. >> i only have a minute or so left. >> whether or not it's justified or not is a separate issue. it's a sociological fact. >> 30 seconds on number two and 30 seconds on number three. two. >> number the two the secular left realizing it wasn't going to win on politics. decided to march through the cultural institutions, the universities, the media hollywood, and number three the reason that's important is young people no longer are raised by their parents. they get outside influence through their ears, through the internet, on television

as never before in human history. 6 to 8 hours a day. the left controls the culture and the culture in the end drives the politics. >> and the parents add abbey abbey. >> influence of the technology if for no other reason. >> charles krauthammer everybody. directly ahead. what really happened in the upstate new york jail break. how could two vicious killers escape for three weeks? we will have the inside story. brit hume on nbc firing donald trump over his mexican remarks. moments away.

factor follow up segment tonight, over the weekend escaped killer david sweat 35 years old shot and captured by police in upstate new york. sweat and his cohort, 49-year-old richard matt escaped from a high security prison on june 6th. they evaded authorities for about three weeks. even though thousands of law enforcement agents were on their trail. but what really happened here? with us now jonathan guilliams, former fbi agent and form navy seal currently ceo of a consulting company. let's start with the beginning. i'm not buying a lot of this stuff. you have got to have pretty heavy duty tools to go through a wall, go through pipes. you have got to know where you are going. it was a complicated situation. how do you read the initial breakout? >> well, i think that the tools that were snuck in through the frozen meat, quote, unquote were not adequate enough to cut into some of those pipes. so i'm with you there. i thought all along that there was extra help and possibly if not other guards that the construction crews themselves were either knowingly supplying tools

there or there was somebody involved that went in and actually cut the stuff for them. >> there were construction companies working on the prison. >> correct. >> at the time. bus these byes would have had to have a map of all the underground and where the pipes were. you couldn't have done it blind. >> listen, if i had to crawl through 20 feet of that pipe without knowing where i was going i would absolutely losese my mind that was away long way to go through a small pipe. >> they were blaming this joyce mitchell, this hapless woman she is the mastermind of getting these guys all of the equipment. i don't believe that for a second. i mean, i think that she helped them. >> sure. >> all right. but, as you pointed out they had to have heavy duty stuff to get out of there. >> she is somebody who has got a psychological issue that cannot -- once she gets he into something can't separate the, you know, what is correct and what is not correct based on what her desires are. that is the perfect person for a psychopath to manipulate. but she is not a mastermind. >> right. she was supposed to drive them to mexico. i mean, are you believing that?

>> she would have been dead as soon as they got away from that prison. >> all right. she chickened out or whatever. you and i both believe that there was other help inside that prison. they had to have other help. one guard has been arrested for supplying something or whatever. the fbi is now in on, this right? >> that's correct. >> why is the fbi in on it. >> it's a public corruption case now. the reason that is because anybody who is involved is going to kind of minimize their involvement. i think you can look at the state and you can also look at the prison system to wanting to minimize their role. >> you know what, new york state, you botched. this we're going to come in and find out what happened. >> that's right. >> this guy sweat is talking right? >> is he talking is he going to minimize his role in this. >> he is going -- is he probably bartering for meals now. i will tell you this if you give me a decent meal because is he done forever. i expect he will talk. >> he is talking.

all the interviews they do, put them together and look at the clear picture. >> he isn't going to protect anybody. he doesn't care anything b. anything. >> on the run in the adirondacks, have you been up there. >> yes. >> so it's pretty primitive territory. you could dodge the guards. ' got your food and pepper cover your smell i guess did he that and they had clothing and stuff like that. so, i wasn't -- i'm not critical of the hunt. i think the hunt was inevitable that they would get them. but they didn't seem to have a plan other than evading day to day right? >> it appears that their plan was to get away and have her drive them. and when that fell through they didn't really have another option. i do find it odd though that the cabins that they went to and that they were in are correction officer cabins. >> so they knew where they were somewhat? >> maybe they overheard that. >> no, they had to have maps of the whole prison where

the camps were. >> right. >> and all of that they had to. now, i want to tell the viewers that you run a company now that helps vets get jobs, right? >> right. we are not a nonprofit. what i try to do is create a project that we can turn into companies or we will partner with other veteran companies because i believe that we offer something that the public needs and the public needs. >> how can people find out about you? >> they can go to the united states continued service.com and they can find me on facebook. >> united states continued.com, jonathan gilliam on facebook. >> thank you very much. >> things going down in new york city as the liberal mayor is backing policies creating chaos on the street. jesse watters will report. also brit hume on donald trump getting sacked by nbc over his comments on mexican illegals. we hope you stay tuned to those reports. i juice. and then there's that other thing.

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i earn unlimited 2% cash back on everything i buy for my studio. ♪ and that unlimited 2% cash back from spark means thousands of dollars each year going back into my business... that's huge for my bottom line. what's in your wallet? hume zone segment tonight, punishing donald trump on june 16th mr. trump said this: >> when mexico sends its people, they are not sending their best. they are not sending you. they are not sending you. they are sending people that have lots of problems and they are bringing those problems with us. they are bringing drugs. they are bringing crime. they're rapists and some, i assume are good people. >> shortly after that univision dropped trump's miss u.s.a. pageant then

today nbc issued this statement, quote: due to recent derogatory statements by donald trump regarding immigrants nbc is ending its business relationship with mr. trump, unquote. so nbc will also not run the pageants trump had had already suspended his role on celebrity atis because of his run for president. joining us from washington is brit hume are you surprised by nbc's action today. >> a little. they put their interest in political correctness, not to say i agree with mr. trump's remarks, i don't, ahead of their business interests. when you think about it, bill, the big one was the prentice he was already out of that not costing him very much to do this. >> you say you didn't agree with trump's remarks. where did you? >> i think was exaggerated and oversimplified. a lot of good people trying to make it here from new mexico we saw it the in presence of those kids in particular than he suggested. >> okay. could an argument be made that he was highlighting a

problem, trump was. that is harming the nation and just didn't speak to it in a specific way rather than -- >> -- i agree yeah i don't think donald trump was trying to demonize all mexican people. is he trying to show that the present administration and the country itsfulself doesn't have the will to stop the carnage. >> he is out there in the midst of a political campaign. and he states a position very strongly. it's definitely a political issue. something that you would expect him to comment about. they didn't agree with what he said, so they fired him. >> okay. now, on nbc's behalf, don't they have a responsibility to tell their audience that we're going to respect you and if a presidential candidate runs down because trump was speaking in a general way we are going to speak up for you. does nbc have an obligation to do that. >> did they apply that standard to al sharpton who has a nyeste nightly show on

their channel that goes around when he is not doing that or even when he is doing that getting involved in difficulties in places like ferguson and making statements that turn out to be false about the situation in ferguson in particular. they don't seem to. >> are all right. so you think it's a political correctness play. >> that's what i think yeah, basically. >> chris christie announcing tomorrow he is going to run for president. what kind of shot does he have? >> he has a shot u bill. but is he in worse shape than he was more than a year ago. he needs something to vault him up in the polls for two reasons. one is it will help him a lot if he can get into the fox debate on august 6th. if he is not high enough in the polls he won't be able to do that second thing is when you are way down in the polls especially in a big field, it hurts your fundraising and he is going to need some money to get his message out. >> is he a very outspoken guy. i don't know whether i would have used the phrase bulk him up but is he a very flamboyant guy who could catch fire fast if he comes in the right themes and does

what trump does but with a little bit more measure. >> well, and not to mention the fact, bill, when these candidates announce and nearly all cases so far they have gotten a lift in the polls. so, if he gets a lift in the polls, he will be, you know, in the hunt at least. his fundraising will doubtless improve and have a shot making it to that debate where he will have a chance to show his stuff. >> is he a live lie guy and that's what we want here liveliness. john kasich did a very very good job of governor of ohio. i say that with no partisan agenda at all. he did an excellent job but nobody knows him. what kind of a shot does he have? >> he has a shot too bill. he is waiting until well into july to announce apparent limitly. >> that will be tough to get him on the debate. >> he has to do something in the polls the same way kristi does to improve his.

he has imresume. he was in congress for a long time he chaired budget committee. he is very knowledgeable about the issues and then, of course, he served as a popular and successful governor of ohio as you point out a state that republicans need. >> you left out the most important thing. >> which is what? >> he subbed for me on the factor. >> oh, there is that i forgot about that. oh, my lord, i should have put that first. my apologies. >> brit hume, everybody bulking up. when we come right back, governor mike huckabee angry about the gay marriage ruling and the white house lighting celebration. was that an insult to americans who are pro-traditional marriage? and watters looking into the chaos on the streets of new york city up ahead. -bond denture adhesive seals. holds stronger than the leading paste all day... without the ooze. feel secure. be yourself. with stronger, clean sea-bond. no artificial flavors, colors

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this, is why we travel. and why we continue to create new technology to connect you to the people and places that matter. thanks for stay with us, i'm bill o'reilly. in the personal story segment tonight i must say i was a bit surprised seeing the white house doing a victory lap using actual white house property on friday the people's house was illuminated in rainbow colors to celebrate the gay marriage decision. now, what about all the americans who believe that a redefinition of marriage is not the job of the supreme court? >> when the president lit up the white house the other night with rainbow colors, i guess that's his prerogative. if i become president, i

just want to remind people that please don't complain if i were to put an anativity scene out during christmas and say, you know, if it's my house i get to do with it what i wish despite what other people around the country may feel about it. >> joining us now from los angeles, mary katharine ham and from washington juan williams both are fox news analysts. juan, do you believe the white house should be used to promote policy? i mean, what's next? a banner going down saying liberalism is good? i mean, come on. it's the people's house. all the people. >> yeah. well i think that's why it was totally legitimate for the president to do what he did, bill. first of all there were no taxpayer dollars used for that illumination. >> that's ridiculous, the whole thing is a taxpayer dollar. all the security. it's the people's house. >> you are missing the point. here is a key and this is where huckabee just demonstrates why he is totally lost. what you have got is a constitution that says there

shall be no state established religion which is why you can't go out there and put religious symbols on the white house. that's what he said. but this is about a political office, the president of the united states is a political office the president can give out medals of freedom. he can celebrate the military. he can go off and give speeches. >> he is using a facility that is there for all americans and don't you think, juan. >> true. >> it was in your face. he did an in your face to traditional americans there. that's what he did. >> not at all. >> if he had had run for re-election he would have never done that. >> celebration of supreme court ruling that's government, that's establishment. >> mary katharine, do you have anything rational to say this evening? >> well, you know, it's not often that i do but look, i'm pro-same sex marriage but i have some of the same trepidation that krauthammer pointed out about how this decision came down. on the illumination it's not the hugest deal in the world but it's a little bit of a football spike. it's appear activist move. he is comfortable in that role. most importantly it does not

comport with his own record on gay marriage. could liberals and everyone please stop pretending that he was some sort of brave leader on this issue that hillary was some sort of brave leader on their. he changed his mind in 2012 when joe biden forced him to and hillary changed it less than a year ago. >> let's run the tape on that. go. >> what i believe is that marriage is between a man and a woman. >> define marriage. >> i believe that marriage is the union between a man and a woman. [ applause ] >> now for me as a christian, for me. [ applause ] >> for me as a christian it's also a sacred union. god is in the mix. >> at this point, what is i have said is that my baseline is a strong civil union that provides them the protections and the legal rights that married couples have. and i think that's the right thing to do.

>> juan? >> well, i mean, i don't get this. i enjoy securing politicians. skewering americans. many americans have gone through the same switch how we feel about same sex marriage. it's not like obama is the only person out there that has turned on this point. >> hold on one second. >> mary katharine governmental hold on one second in 1996 when he was running in a more liberal area he put on a questionnaire that he was in favor of same sex marriage and then he changed his mind because it was not possible to be elected to federal office while supporting it so he cynically decided because of political reasons that he would be against it for a while until he then started patting himself on the back for being for it i just think come on. let's not pretend that he was 10 years behind dick cheney and the coke brorsz on this issue. >> you just made the case that actually he was ahead of everybody but didn't do it because of political expedience. >> juan, is he flopping around. >> he has been making stuff up. >> he has been flong around

like a flounder. >> so has the american people. >> speak for yourself, juan, all right? >> i will say -- i will call you my fishy friend. >> it was wrong and insulting to light up the white house like that. he should not have done that. >> oh, yeah. biggest worry. >> juan, that building should not be used for political purposes. >> oh, get out of town. i have got to go. i have one footnote, mary katharine ham's book, end of discussion. doing very well in the marketplace. watters on deck. uber liberal policies here in new york city causing some trouble on the streets. you'll see it. next. me with a warning. today her doctor has her on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack be sure to talk to your doctor before you begin an aspirin regimen.

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under intense scrutiny. city council whether to require the cops to identify themselves in writing while making stops of civilians. also city council may make chokeholds a crime. recent study found that 85% of new york city police now fear being proactive on the job. that manifests itself in a variety of ways. enter the busiest train depot in the country penn station. in the past year it has really gone down hill. ♪ ♪ >> do you guys come in and out of penn station often? >> i do. i commute from new jersey. >> does it effect you psychologically when you see homeless people in and out of this area? >> sure. yeah. i think it's human being you can't help but see that and feel something. >> i see the upswing. i see a lot more people

basically living here. >> living here? >> in the stairwells. in the back areas. >> when you are here, and you see homeless people in penn station how do you react? >> it's kind of heart breaking to see other people who don't have houses and don't have money to buy food and it's a possibility that they could die from that. >> in penn station you are not allowed to loiter, sleep on the floor and panhandle. these violations should either get you kicked out fined or thrown in jail. technically you are not allowed to loiter and panhandle. >> right. >> are they enforcing that. >> i don't think so. i don't see them moving anywhere. you saw a couple walk by. they don't talk to him or any of the other guys. >> you live here. do you sleep here too? >> yes. >> are you allowed to sleep here? >> yes. >> what are you doing here at penn station today? >> nothing much. >> how much you can make off recycled cans and bottles?

>> make like $20 a day. >> i survive off of tips that people give me. >> do the authorities here allow you to sleep here? >> they let you sleep up until a certain they let you sleep until a certain time. >> do the authorities give you a hard time? >> how long have you been homeless? >> since 2005. >> you don't have any health insurance? >> sure. they give that you when you get on welfare. >> how did you wind up in this situation? >> drugs. >> what kind of drugs? >> bad. >> how do you make money? >> prostitution. >> how do you make money to get by? >> i have a very good start from the federal government. >> do you have any addictions? >> drink. >> what's your favorite drink? >> beer. >> how many times have they asked to you leave penn station? >> a couple. >> do you think you need help with your drinking? >> no. >> do you have rum in your pocket there? >> yes. i have bacardi in my pocket

right now. >> are you allowed to sleep down here? no? do you ever sleep here? for how long? >> eight hours. >> do you ever feel scared when you see homeless people here? >> yeah. you never know what they could do. >> i was attacked going up the stairs one time. they just walked right up to me. they grabbed my face. he was just talking craziness and i was just going to work. >> he actually grabbed me for money. not so much as politely. he was very aggressive when they touch you. i felt very uncomfortable and threatened. >> i had someone pick up a chair and wanted to hit me over the head with it. >> how long have you been in business in penn station? >> 1987 so 28 years. >> more homeless now than ever. >> do you see a change in the level of homeless activity in penn station under de blasio? >> i see more homeless. i feel bad for a lot of these

people. i try to help them out. >> sometime they'll stand in front of the store. we won't notice it right away and they're panhandling. >> i say when giuliani was mayor i saw more enforcement. every time we have to mop the floor from human waste. if we really want to help the homeless, i have a heart like anyone. why are not we doing more? >> you commute. you go through penn station every day. >> i do. >> so giuliani and bloomberg, the two previous mayors they said you can't stay there if you're homeless. there are homeless shelters where people can go in new york city. and you have to move along. you can't just park yourself there. but under de blasio that stopped. is that what you're seeing? >> i've noticed it especially this winter. you're little tent cities drugs where people are out of their minds, very unpredictable.

people are being attacked. and there's a lot of money to deal with it. a $78 billion budget in new york. why can't they get them into plush homeless shelters? >> de blasio doesn't want to enforce what they call quality of life crimes. a good report. thank you very much. factor tim of the day. a liberal commentator apologizes to me. shocking. the tip? moments away. you wouldn't order szechuan without checking the spice level. it really opens the passages. waiter. water. so why would you invest without checking brokercheck? check your broker with brokercheck.

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air premium members have a special address. i home you all end joy preel-up membership. >> bill i it is long past time for average americans to stop accepting the racist label. there's no such thing as an average american. everyone is unique. >> bill i'm a social studies teach here agrees with most of your positions but you treat your gifts with incredible disrespect to the point i want to side with them. robust debate is not disrespect. challenging folks with facts and not allowing them to evade said facts is responsible. that's what i do here. it is a tough forum. no doubt. our mandate is not to waste your time. many people are afraid to talk about race because we fear being labeled a bigot. legitimate fear and you should be careful.

zealots are not worth your time. i have traveled to the u.s. often to work and have never seen racist behavior even though i'm in contact with blacks and whites. >> i just gave my husband the premium membership. i chose your book killing reagan as the free gift. from florida, bill feel free to take all the time off you want. jesse watters made my day filling in for you. watters was actually good but not as good as you. give him time. i've been doing this since the titanic went down. it feels like it any way. and finally the tip of the day. last wednesday we reported that a commentator on msnbc had taken my comments about the confederate flag completely out of context there by misleading

the audience. the next night he applied. >> i said that bill o'reilly represents the bravery of those other fought in the war. and while it's true he literally said the words, it stands for bravery, it is quite clear from the context, he was not giving his own views but talking about how some other people view or understand the flag. we should not have attributed that view to him. fair is fair and i apologize. >> now we accept his apology and acknowledge courage it took for him to do that. that kind of thing rarely happens in the media these days. case in point. publisher weekly magazi which ignored one of the biggest books of the year killing reagan. i pointed out accurately that killing patton was the biggest selling book of 2014. thus it was inexplicable that killing reagan was ignored. and that happened because of ideology as a staff of publishers weekly is heavily liberal. the magazine responded saying

four books outsold patton last year. that's true. but they were kids and young adult titles. not in my category. here's what p.w. wrote last january, quote, in fact the only adult title to sell more than one million was killing patton. the fourth book released september 23rd. the book topped the adult nonfiction list. and sold more than adult fiction as well. so unlike chris hayes, publisher's weekly continues the deceit and everybody in the book business knows it. killing reagan was ignored for ideological reasons. gently speaking, the american media now driven by ideology and that often involves deception. let the buyer beware. that's it for us. also, watch factor anywhere in the world. name and town if you wish to

opine. word of the day, do not be afrighted. please remember, the spin stops here. we're looking out for you. breaking tonight, we are getting exclusive new details on the massive trove of evidence in the criminal case against six cops in baltimore that has inspired riots, and questions about an increase in violent crime across the country. good evening and welcome to "the kelly file." we learned late today the investigation into the death of a sometime drug dealer named freddie gray has produced some 300,000 pieces of evidence against the six police officers who now face a list of charges, up to second-degree murder. sources who have seen this evidence, or have been told about it are only the telling "the kelly file" that while all six officers