little firm found itself with a connection to hillary clinton. >> good night from washington, d.c. we'll see you tomorrow night. "the o'reilly factor" is on. tonight -- >> the fbi believes you tried to wipe the entire server. did you try to wipe the entire server, the whole thing? >> my personal e-mails are my personal e-mails, right? >> not exactly. the fbi saying hillary clinton may have taken drastic measures to keep her e-mails secret. we'll have a special report. waters. scientists are now tracking a giant great white named mary lee. a fascinating report ahead.

>> i'm a bit shocked. i think it's quite inappropriate. there are so many young kids around. coming up, nudity in times square. another example of new york city turn sfwog a chaotic zone. caution, you're about to enter the no spin zone. "the factor" begins right now. ♪ hi, i'm bill o'reilly. thanks for watching us tonight. storm clouds for hillary clinton. that is the subject of this evening's "talking points" memo. some believe former secretary of state clinton will not be able to complete her run for president. the fbi now investigating her e-mail situation and things are getting serious. yesterday, fox noose correspondent ed henry questioned mrs. clinton. >> the fbi believes that you tried to wipe the entire server. did you try to wipe the whole

thing if >> my personal e-mails are my personal business, right? so we went through a pain staking process and turned over 55,000 pages of anything we thought would be work related. under the law, that decision is made by the official. i was the official. >> reporter: i'm sorry, did you wipe the server? >> like with a clothe or something? i don't know how it works digitally at all. >> even if that's true, and i believe she doesn't know the technical details, he is responsible. as the former director of the national security agency points out. >> the sin here is the original sin. the original sin is actually co-mingling the two accounts and not using a government e-mail server. i'm stunned that her staff

allowed her to do that in 2009, given the unhappy outcome that was guarantied. >> with all due respect, "talking points" believes mrs. clinton's staff has little say over what she does. now, the polling data dubious for mrs. clinton. a recent cnn poll put forth the following. do you have a favorable opinion of hillary clinton? that favorable down nine points since march. do you think hillary clinton did anything wrong? 56% said she did. 39% she did not. then the poll compared hillary clinton to some republicans running for president. hillary clinton 55%, donald trump 45%. clinton, 52%, scott walker, 46%. clinton 53%, carly fiorina 43%. so you can see that the former secretary of state remains an option for some americans, but

that option is eroding quickly. a fox news poll asks did hillary clinton lie about the e-mails? 58% yes, 33% no. the issue will come to a head when the fbi issues its report. there can be no coverup with the media scrutiny. talking points believes barack obama is likely to remain on the sidelines. however, it would be foolish for any serious person to discount hillary clinton. she is a savvy and determined candidate. but she has never, never experienced anything like this, and that's saying something. and that's "the memo." now reaction tonight. so where am i going wrong, jessica? >> well, i think in the general analysis of the numbers. regardless of this continuous and ongoing investigation, she's

still very popular among democratic voters. she's still beating every republican on a head-to-head in a general election. so yes, people think -- and they have for months and months and months, that she might not be 100% honest, but think she's the most qualified person for the job in terms of experience. >> were you around in the watergate years with richard nixon and all that? >> i was born right around the time he was resigning. >> but i'm sure as a serious political person, that you've studied it. along the way in watergate, nixon's approval ratings remained very high. he was re-elected in a historic landslide in '72 under a cloud. and this doesn't reach critical mass until the fbi basically says that she scrubbed, as ed henry was asking her, she professionally scrubbed her e-mails. if that happens, and it's a big

if, but it's a speculation that the fbi has commented upon, therefore i can ask the question. if it's true she had that professionally scrubbed, not with a cloth, she's done, is she not? >> i don't really believe so. >> you don't? you think that the democratic party will still put her up if the fbi then, they would have to bring charges. >> yes, exactly. >> you think the democratic party will still put her up if she's indicted on this? >> if she's actually indicted, then we're in a different scenario. >> i just want to know where your loyalties lie. you say? >> i say she's a shell of a candidate that's panicking and is on the verge of collapse. >> i did see any panic in that interview. >> bill, she's scared. as you point out, she's always got away with this type of thing. she's never -- >> how do you know she's scared? >> she looks panicked.

every time she talks, she makes it worse. she knows that she's in trouble. you know how i know? because the cia is the one that gave those congressional committees those e-mails. when the cia is claiming s play capitol hill -- >> jessica, i have to apologize to you, because i have to now spend the rest of the segment with ms. andrea, who said this today on "outnumbered." roll the tape. >> i hope bill o'reilly's volume is down on his tv because i have to see him later tonight. trump is right. when you talk about the birthright citizenship portion of the 14th amendment, that was added in 1968. southern states were actually trying to deny slaves at the time a lot of civil rights. that's why it was put in there. it was never intended so a bunch of latinos could flood over the border, have babies and have

citizenship. >> you're talking about the 14th amendment that guaranties the right for anyone born in the u.s. are you familiar with the 1985 court case? >> yes, i have studied the supreme court. the supreme court has upheld that the constitutional protects aliens. however -- >> what was the decision? 1985 decision unanimous, supreme court. ins versus rio pineda. that a child born in the usa to undocumented aliens, parents, is a legal citizen. it's clear, there's no doubt about it. it was 9-0. so trump is wrong when he's challenging this, and you're wrong. you are wrong. the supreme court is not going

to overturn this decision. >> i don't believe that they would do that. >> that's what you said. you said i was wrong, and i'm not. >> trump came out and he made a very good point, bill, that when senator jacob howard crafted this citizenship to the 14th amendment, the provision -- >> that's not the point he made yesterday. he said he does not believe that the law is not constitutional. >> i didn't say the supreme court was overturn it. however, if people get angry enough, you don't think they could add another snaeamendment? >> it is impossible for the supreme court to say anchor baby also be deported. it is possible a constitutional amendment could and should -- >> and should. >> i'm with you on that. but don't say i was wrong, because i was right and trump was wrong. all you have to do is look at

ins versus rios pineda. the facts are the facts. we deal with facts, not hyperbole. >> so do i. up next, george soros buying stock in coal mining companies. whoa! lou dobbs on that. later, why are sharks attacking people on the east coast? we'll talk with a scientist who has some interesting data about it, upcoming. ♪ ♪ ♪ ♪

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companies? that would be one george soros. with us now, lou dobbs. so what did he buy this >> arch coal and peabody energy, two companies today that their stock, arch went up 25% and peabody rose 50%. it's extraordinary. >> they were like a buck a share. >> $1.12. down from $90 in 2006. >> but soros is a global warming -- these are coal people. >> these are the enemy, and soros has decided to throw in a little of his money, $2 million is nothing to him, but he bought those stocks, as best we can judge, between april and june and he paid $4.50 a share and he's down 50%.

>> am i missing something? the guy is screaming about fossil fuels and we shouldn't be using them and he buys stock in a coal company. >> it is certainly hypocritical, but is it anymore hypocritical than being the world's leading money socialist and being that moneyed socialist because of capitalism? >> i'll tell you why it's more hypocritical. he says, global warming, global warming, i'll like some of that coal mining, stock, please. that means he wants them to sell more coal, right? >> i don't know that we can infer that. >> the stock wouldn't go up if we didn't sell more coal.

all right. look, i think this is funny myself. and soros looks to be, if he can make a buck, he doesn't caree e. >> he didn't make $25 billion by being overwhelmed by statistics. >> george soros, everybody. give him a round of applause. you just heard me on with andrea. but come on, we have the supreme court ruling time after time after time. i don't like the anchor baby law, but it subverts the immigration laws in the united states. it should be reformed. but you can't say it's not in the constitution and the supreme court is not going to uphold it. that's insane. >> well, it may be a departure from orthodoxy, but i can't say it's insane for this reason. in 1868, when the 14th amendment was enacted, there were no such things as -- let me finish.

>> in 1985 is the last ruling. >> let me make the point. 1868, the constitution, there's no such thing as an illegal immigrant in this country. all were legal in 1868. it did not contemplate illegal immigrants having children in this country. >> if you want to change the law, change it. but donald trump sat here last night and said this law really isn't constitutional. and i'm going, yes, it is, the 1985 ruling proves it. and all these people are, no, it doesn't. facts matter, dobbs. >> they do matter. the fact of the matter is, the challenge to the law could be undertaken. >> i told trump to do it yesterday. >> it's happening. in texas, where hospitals are declining birth certificates for children born to illegal immigrants, they're denying them those certificates.

>> they'll lose. >> i don't know. >> they will lose. federal law trumps state law. >> those facts are not yet been determined. this kind of theoretical b.s. doesn't get anybody anywhere. you don't like the anchor baby law, get rid of it bypassing a new law in congress and a constitutional amendment. and you know what? i think you might be able to win. i'll get behind that. >> you don't like the anchor baby law? >> i don't. i think it corrupts immigration law. that's how you attack it. >> i think it corrupts also the original intent. >> the law has been upheld unanimously by the supreme court in 1985. i've got to go. >> i admire your faith in the supreme court. >> i don't have any faith in the supreme court. i have a faith in law and facts. we don't like it, let's change it. lou dobbs, everybody. and get soros in here. directly ahead, how many

foreign born children entered the country in july? we have the stats. then miller. does he like any of the republican contenders? coming up, shark attacks in america. how bad is the situation? those reports after these messages. ...and the wolf was huffing and puffing... kind of like you sometimes, grandpa. well, when you have copd, it can be hard to breathe. it can be hard to get air out, which can make it hard to get air in. so i talked to my doctor. she said.. doctor: symbicort could help you breathe better, starting within 5 minutes.

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while controversy over so-called anchor babies rages, children continue to illegally cross into the usa in the southern border. all right, i want to put up the news day cover today. it's a newspaper on long island. it's a liberal paper, it doesn't mind illegal immigrants pouring into the usa in general. i think i'm pretty accurate there.

but what is the situation down on the southern border about children under 18 unattended, no adults crossing in july, shannon? >> bill, it's still a significant number. we're talking about 135 children that show up under the age of 18 every single day in july. that is a high so far, that's the highest peaking month of the fiscal year that started in october. so these are children showing up without anybody with them. we're talking about young, young kids, maybe brought by a coyote, by someone else, or just other kids traveling with them. >> oh the nuwhat happens is, ife family here, the authorities immediately release them to that family and pay for their transportation up to wherever they are in the united states. and these kids don't try to hide. they just walk over the rio

grand river and turn themselves in. and president obama's policy is take the children in, i.c.e. puts their name down and sends them wherever they want to go. >> last year, jeh johnson was asked numerous times during a press conference when we had this huge surge last year if these children are there and the adults they're trying to seek to get here is here illegally, will you give them to those adults and he wouldn't say. >> that's what they're doing. they're not holding these children. there are a few in texas being held in arizona, but not many. they turn them over to whoever they have. we reported yesterday on an alien from belize fleeing the law got caught in texas, and they sent him to florida because he had people there and kills

three people. this isn't just kids, this is the policy of the obama administration. let's turn to iran nukes. reports today by the associated press saying there was a side deal that nobody mentioned, not john kerry, not president obama, not anybody, that the iranians themselves will police a serious nuclear facility in conjunction with the u.n. do i have that correct? >> pretty much. the ieae operating out of vienna and have set up a side deal with iran. for years, they've been trying to get a baseline on what the heck is going on in iran. we don't each know what they have there. as part of this deal is that agency is supposed to be able to figure out what has been going on, and that was part of the deal that the u.s. signed. within this now, someone has leaked an unsigned document that shows that the iaea has agreed to let iranian inspectors inspect their own sites.

>> has the obama administration and john kerry agreed to that as part of the new dealsome >> so they're a party to the deal because they signed the main deal. they didn't sign this deal specifically. but it all goes together as one document, and the international atomic energy agency insisted on this, because they want to know what the heck is going on. >> but they're relying on the iranians to tell them. >> we had heard before they were going to let them collect samples. this is their biggest nuclear facility where there have been reports of things going on and they wanted for years to get inside. also, japanese diplomats are complaining that iran won't furnish scientists or military leaders to come in for interviews as they promised. they're supposed to finish a report by december. >> this is a mess. there's all kinds of side deals the american people don't know about. it's going to get voted down by congress, i really believe the democrats are going to go against it. i could be wrong, but president

obama vetoes it, he makes the deal. he can make the deal and there it is. >> nothing in return. >> ladies, thank you very much. plenty more ahead as we move along. scientists studying shark attacks around the world, they're growing. we'll have a fascinating report. and miller, does he like any of the republican candidates? also, a sorority problem at the university of alabama. go tide. hope you stay tuned for those reports.

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personal story segment tonight. just when you thought it was safe to go back into the water, you find out there have been 54 shark attacks worldwide so far this year. six have been fatal, including one in hawaii. in florida, 12 shark attacks and north carolina 8. scientists are trying to figure out what is going on. >> here we go, here we go. look at that fish! >> two tiger sharks right here. >> the ten-foot tigers close in. they're unpredictable and are responsible for 31 fatalities around the world. >> look at that! incredible animal. >> uh-oh. >> whoa, whoa! a little intimidating being so close to these big predators.

>> joining us from boston, the man you just saw in that clip talking to that shark. >> hi, bill. >> that was pretty gutsy of you. tiger sharks are nothing to play with. you're about two feet away. were you convinced that shark wasn't going to bother you? >> well, i've got 30 years under my belt diving with these animals and i was pretty confident that shark was not going to harm me in any way. >> why, was he full? did you give him something to eat before hand? [ laughter ] >> no, no. i just know these animals. shark attack is so rare that it was not something that concerned me at the time. >> explain to the audience why a tiger shark, which is a predator, top predator, wouldn't attack a man. he knew you were there. why wouldn't he attack you? >> actually sharks have very good vision. we're not normal prey. tiger sharks eat everything from

birds to sea turtles, but people are not on their menu. >> are there any sharks that want to attack human beings? >> no, we have no evidence of that. every single attack that's occurred is likely a mistake on the part of the shark. >> they think it's -- if you're a surfer in a wet suit, they think you're a seal, stuff like that? >> exactly. a tiger shark might see the silhouette, think it's a tea turtle, you know, a white shark might see a diver and think it's a seal and those mistakes do happen. but they are very rare. >> why have there been an increasing number of shark attacks? we hear that sharks are almost endangered now. >> yeah, indeed. shark populations have declined dramatically around the world. but we are seeing this increase in attacks. you would be hard pressed to find a scientist that can give you a solid, no-spin answer on this unfortunately. we think it's a combination of factors.

anything as simple as perhaps more and more people going in the water to environmental changes that are happening from year to year. but it's tough to pin this down, and no scientist has any real answer to it. >> you tagged a great white and you call the shark mary lee. fascinating experiment. tell me about that. you tagged the shark and then what happened? i was working with a nonprofit group, and they have the ability to capture these sharks, bring them out of the water and attach a very specialized satellite technology that allows us to follow the movement of these animals as they move around the atlantic ocean. what's fascinating about mary lee is the general public can follow her movements, as well. she's visiting almost every major port on the eastern side of the u.s. but people are looking at her as a kind of celebrity. >> this shark goes up and down the east coast, but the shark is

dangerous. this is a dangerous shark. this isn't something that you play with. >> absolutely. white sharks are animals implicated in many attacks on humans globally. those are low numbers, but they do attack people. >> last question on mary lee. is there a pattern of what she does? she goes from massachusetts down to florida, then comes back? what does she do? >> well, scientists like me like to think that we figured her out. it turns out that we haven't. we thought that white sharks simply move north and south. mary lee goes wherever she wants. >> and nobody is there to stop her. if she wants to go east, she's going east. thank you very much. when we come back, it's miller time. does he like any of the republican contenders? miller is next. i called for help as soon as i saw her.

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thanks for staying with us. i'm bill o'reilly. tonight, politics and the sorority situation in alabama. joining us from santa barbara, the sage of southern california, dennis miller. anybody on the republican side impressing you these days, miller? >> by the way, billy, i got into

that last segment. was that guy bragging that he tagged someone named mary lee? >> no, no. it was a shark, miller. >> oh, a shark. i thought, wow, this is show is loosening up. back to the -- back to the gop. listen, i'll be honest with you, the bureau of elections could print the ballots up right now and just put hillary, not hillary, and i'm voting for the not-hillary thing. hillary is more full of it than "it" is full of itself. i know half the country, like me, don't believe her. half the country thinks she waddles on water. so i'm voting whoever goes against her. >> but look, these guys have been around now for a while. passers-by you see -- >> i've got some thoughts, billy. i like trump. i like trump because it would be nice to have somebody who would

get on air force one and think he was slumming it as far as private air travel goes. i also like the fact that he answers a lot of questions, you know what i mean? hillary, what, her server just turns out was in the bathroom? i don't know what the hell is going on over there. i like the way trump raised his kids. his kids seem cool, and this country is a big, unruly kid. so i like the idea of him stepping in. plus he's a great stick in the eye to liberals. so i love driving them crazy with trump. i think he could run with ben carson, because he's so mellow and trump could say the wild-ass thing and carson could come in and say it doesn't take a brain surgeon to tell you donald

didn't really mean it. >> the problem is, with dr. carson, trump really does mean that. >> i haven't read his whole immigration thing, but they say it's crazy. but is it not crazy having 12-year-olds showing up without their parents at the border or letting some guy go six times so he kills some beautiful girl in san francisco? >> that's why trump has taken on so much importance, because people know it's insane and he's spotlighting it. >> i love carly, too. if i was carly fiorina, i would come out tomorrow like elizabeth warren and say i have indian blood in me. and if i had my dream ticket, ross perot is still alive. perot in the one spot and

jeanine pirro in the second spot. so it can be perot and pirro get the country back to parro. >> i have to show you this from the university of alabama, a sorority. go. ♪ ♪ >> watters immediately joined that sorority. are you angry about that? >> everybody is angry about everything. so young girls who are pretty want to look pretty. young girls in the cave times wanted to look pretty in cave wall drawings. if they want to get off the

hook, they ought to say they're a male fraternity and they're transitioning into becoming a female sorority as we speak. they'll end up on the cover of "vanity fair" magazine. if trump is listening, i want to be your press secretary. give me a call. >> oh, man, that's a great idea. have you out there introducing trump. >> i want to get in that press room. >> dennis miller, everybody. a quick reminder, with the sellout in charlotte, we have just five don't be a pinhead shows this fall. all brand new material because of the political situation. we hope to see you this st. louis, chicago, phoenix and in vegas. the show's a blast. on deck with mayor de blasio says he's going to crack down, next.

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back of the book segment. more social chaos here in new york city. times square, there are hustlers all over the place trying to make a buck from tourists. some are females. >> if you visit times square, the so-called crossroads of the world, you're likely to see an eye-catching attraction, one that might make some blush. and it's lucrative work for these women who say they can earn hundreds a day in tips. while plenty of tourists seem to enjoy getting a closer look, the increasing number of these body painted beauties showing up in times square is alarming to some tourists. >> the situation is going to change, this is what i'll guaranty you. i'm not going to tolerate it. i think we have just begun to recognize all the tools available here. but this is a situation that i don't accept, and we will deal with very aggressively.

>> reporter: just how, though, the mayor isn't sure. right now the women are protected by city ordinances and the constitution. >> oh, i bet they're really scared with de blasio coming at them. anything wrong with the ladies trying to make a buck in times square? we wouldn't show it, but they paint themselves but have no clothes on. and guys take pictures and they give them ten bucks or whatever. >> i don't take my daughters down there. they're kind of hoochie. they're glorified strippers. i just make the choice to redirect my daughters to the m&m store. >> toys "r" us are down there, people from out of town are down there. they go and here's what they see. what do you say, katie? >> look, bill, if they want to act strippers and get paid like

strippers, they should do it in a strip club. during that report you just heard, they are protected. i was liking at the indecent exposure laws in new york city, they actually protect women who have bear chests so long as it is a show. >> this is a show. >> so they can claim they are doing entertainment. it is a show. >> it is not exposure because they are painted. >> they are allowed to do this because new york city lets you do anything and the police can't do anything because they have done away with stop and frisk. >> i'm sure they would love to stop and frisk some of these performers. i am worried about people dressed as cat woman and hello kitty who -- >> this is just another example of the nation's largest city pretty much out of control when two years ago this wasn't happening. even though they were constitutionally protected it wasn't happening because there are ways to make it more

difficult for people to create spectacles. i don't care myself but if you have children and you are from tasmania and you have little samantha and -- >> we have to protect the tasmanian children. >> maybe have a zone for that, a paint zone. do you think that women in general are better off now than they were when president obama first took office? >> i think actually if you look at the numbers you will see that women are getting paid more than they were when president obama took office initially but you will also see that the number of women in poverty has significantly increased. i think that is a problem. i think that the administration's attitude towards young women of wanting to be part of a government program you can't survive unless

you are getting a handout i think that is detrimental. we live in america and being an american woman living in this country is the greatest gift to be given and you have the opportunity in the world to make it yourself whether you want to be in times square with no clothes on. >> you want to be an entrepreneur and you have spray paint you can make the money. do you think women are better off? >> i think no and i think women who are trying to start businesses because it is much harder to get bank loans from community banks shuttered because of regulation from legislation like dodd-frank but there are more women in poverty 2009. >> 4 million more and the same thing with african-american poverty. and the reason for that is that the jobs that are available and there are more jobs available pay less. they are not great jobs and the mobility is harder now. >> there is also lower labor participation. >> people left the work force. be that as it may.

we appreciate it as always. factor tip of the day. the factor going up against wrestling and hip hop. can we beat them? the tip moments away.

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the factor competing with hip hop and wrestling. summer madness continues on billo'reilly.com. they are all on sale and premium members get double discounts on everything else. great time to stock up on gifts and save yourself a bundle and get books for yourself. if you become a premium member you will be enlightened immediately and you get any books for free including killing reagan out on september 22. you will like that book. independence, missouri.

quit picking on donald trump. we like him. should i quit picking on all other candidates, too. can i sit here and let them say whatever they want to say? is that your vision? trump repeats the same things over and over and takes everything personally and insults people. really bad for the country if he becomes president. what say you? i say the folks will decide that. my job is to watch the candidates and ask toughest questions i can so you can take the measure of mr. trump and everybody else. we hope that hillary clinton will sit for an interview with me. she did once before and it was fine and very instructive. ann marie hammington, missouri. it is such a learning experience watching the factor. o'reilly was tough on christie and trump. watch body language and facial expressions during interviews. they say a lot. fontana, california.

if jeb bush is the nominee we won't vote. we are sick of establishment candidates. say hello to president clinton who i believe is part of the establishment. danny in alabama. i think police officers in liberal cities are holding back because they know the politicians do not have their backs. crime is exploding because they become radial cops responding to calls but that is it. no one is going to build a presidential library on king drive in chicago. it won't improve a neighborhood that is destructive. president obama should build his library there and if he does things will immediately improve for the poor honest folks who have to endure hardship every day in these neighborhoods. if i'm president obama i'm putting my library right on king boulevard in the south side of chicago. let's make a statement. howard powder sun city

center, florida. bill, you looked dapper on monday night. who manufactures your clothes? american made both. i pick out the ties from all over the place. don't have really anybody does that. i have to do it and i like to do it because they are free. randy ash just purchased hitler's last days for my 10-year-old grand son. what is the proper age to give it to him? if you will read the book with him you can give it to him now. 11 to 16 is the target age. and on the subject of age i would like to wish monzi dishman a happy birthday in fair view, texas. monzi is 105 today. amazing. factor tip of the day. on monday my first day back from

vacation we got very good ratings. the factor was seen by 4.3 million people in its two airings. you have to average the two to get the cumulative audience like the networks do. anyway, we were the second highest rated cable show that night not just news but in all programming. only love and hip hop atlanta beat us. i have to confess i have never seen "love and hip hop atlanta." the closest thing to that might be "the love boat" which i watched one time and i will never forget it. anyway, thank you all for the great ratings. gratitude is good. factor tip of the day. check out the fox news factor website different from billo'reilly.com. name and town if you wish to

opine. word of the day do not be a popinjay when writing to the factor. "the kelly file" is next. i'm bill o'reilly. please remember the spin stops here because we're looking out for you. breaking tonight a first for donald trump, the candidate opening himself up to a q&a in the battle ground state of new hampshire. how did he do? you are about to see. good evening and welcome to "the kelly file." so mr. trump on the campaign trail in the state that will hold the first in the nation primary. he fielded questions from the press and then launched into a free willie exchange in his first town hall which he appeared to enjoy quite a bit. his rivals were spread out all over town doing the same thing at the same time in the intense contest for attention. one of them came out swinging against him. we'll tell you who