what is all the time we have this evening. don't forget, set your dvr so you never miss an episode, we take attendance and it hurts our feelings when you're not here, see you tomorrow. 1:00 p.m. good night, from washington. "the o'reilly factor" is on tonight. >> if i were one of the families -- >> president obama walking into controversy as he visits the oregon massacre town tomorrow. tonight, we'll talk with some of the folks in roseburg. >> where are you from? >> yemen. >> got to be careful of the drone strikes. >> the muslim advocacy group, "care," a little miffed at jesse watters for reporting about muslims, but why? we'll find out why. and next, another study saying is e-mail and texting

hurting personal relationships? >> in a huge way. >> whatever, i don't care. whatever i don't care. caution, you are about to enter the "no-spin zone." the factor begins right now. hi, i'm bill o'reilly, thank you for joining us, will kate's law ever get passed? that is the subject of this evening's talking points memo. as you may know the factor has taken the lead trying to convince congress and president obama to pass kate's law after 32-year-old kate steinle was shot dead by an illegal alien felon who had been deported five times. kate's law would punish victims with charges on their sheet, who would then receive a mandatory five-year sentence in prison if they came back. the law is simple. if you're an aggravated felon,

and defy deportation you go to prison the moment you're caught here. but passing it is anything but simple. later this month, senator mitch mcconnell will introduce a bill on the senate floor that contains kate's law. but here is the problem, it contains a provision to take money away from sanctuary city. that dooms it, a full vote in the senate will likely never take place. everybody in the senate knows that. so the american people, including kate steinle's family will not get the justice that kate's law demands. now, i have spoken to many senators asking why kate's law cannot have a stand-alone vote. there are a variety of excuses but bottom line it's more about party politics than protecting the folks. for the record, senator mcconnell would not take my call. neither would senator dianne

feinstein, a leading democrat. mcconnell and feinstein are the folks we the people must persuade, we must persuade them if you can believe it. so you may want to contact their offices and tell them kate's law deserves a stand-alone vote. we posted their information on bill o'reilly.com, please let them hear loud and clear from you. now, i support defunding sanctuary cityinies but i know democrats will not do it and president obama will not sign it. but kate's law is a different matter. anybody who defies this law is unfit to hold office. you can't defend voting against that. today, house republicans are dealing with chaos as the new speaker of the house situation goes into uncertainty. but the american public is fed up with congress getting so little done. if congress can't even pass a

simple piece of legislation that would protect innocent americans from harm and give law enforcement a powerful tool to break up foreign gangs on american soil, if congress cannot even do that the usa is in dire trouble. if kate's law is not voted on, just kate's law then it's a disgrace. because if you stand it alone al it's going to pass. and if kate's law doesn't pass then the world will know which senators and congress people are truly villainous. get the law to president obama and let history record who happens. now, joining us, dana perino, where am i going wrong? >> i actually think the stand-alone bill will not pass. i think if mitch mcconnell thought the bill would pass he would do it tomorrow? >> you're telling me all

republicans would vote for the bill -- >> i don't think it's true -- >> lee, the senators, they will vote yes, sir on kate's law. there are not any other senators that i know of would vote against it. but with the words aggravated felons in the law they both told me on the phone they would vote for it. so that is everybody, that is all republicans and you're telling me all democrats would vote against kate's law, that destroys the democrat's party. >> feinstein's office deserves a call much more than mcconnell. i think what mcconnell is trying to do is grow the number of people that would vote for it. because sanctuary cities are actually one area where you could get more democrats to vote on it. >> they're going to filibuster the senate, you know it, i know it, everybody knows it and it won't get to a vote. they can't do that with kate's law. it's so stark, any democrat voting against that is in danger

of losing mete ining their seat >> well, if those two senators who are republicans would vote for it, they could try to restrategize. >> mcconnell knows that, he would not take my call. i would have told him that, all right? all of the senators that i talked to and the republicans say they will vote for kate's law with to aggravated felon wording put in. and that's it. >> now that they know that they need to have a rethinking of it. >> i don't know if mcconnell is a villain or not, but he wouldn't pick up the phone. i am asking everybody in the united states to call mcconnell. >> but here is the thing, mcconnell is on your side. >> he is not doing the right thing here because he knows by coupling kate's law with the sanctuary cities, it's not even going to come to a vote. he knows that. americans are tired of playing

the game, all right, and i'm fed up with the game. >> but i don't think mcconnell is your problem, the democrats are your problem. >> of course they are, but you put the democrats in an untenable position to vote against the law that would say if you're an aggravated felon, they vote against that -- >> the other thing they do in growing this bill is they add liability protection for law enforcement. that brought all the law enforcement to endorse the bill which actually brings more conservative democrats, to vote for it. >> the way to do this, the st d stand-alone kate's law, stand-alone sanctuary cities. that is the way to do it. get the momentum and for the next election -- americans want kate's law, regular americans of all parties want it. okay, and they're fed up with all of this politicking and you can't get a vote on the damn law. i tell you what. they don't vote on kate's law straight up they have a problem with me and a major problem with me.

>> if they take a vote on it and it doesn't pass because of two republicans then what? >> i don't believe senator's flake and lee lied to me, i think they're honorable men, i don't think they lied to me. >> all right, they should let the leader know it. >> i believe they have let the leader know it. i believe they have. we'll see where it goes from here, but we're doing everything we can. now it's your turn. mcconnell to feinstein, let them know what you think. coming up, an advocacy group and covering muslims, that should be interesting. and jesse should be back with vintage water's world footage. up ahead.

tonight's earlier this week

jes jes jesse watters traveled to an area where there were about 50% muslims. >> do you wear a burka? what do you do for a living? >> financial services, send money overseas or receive money. >> doesn't sound suspicious. what do you think about all the muslims here in dearborn? >> they're bad, they're not friendly. >> do you miss the desert. it's pretty cold here. >> but now the muslim advocacy group, care, has an issue. >> the show you showed shows bigoted areas, in dearborn, in particular. and the mention that the police

chief was a muslim, when in fact chief haddad was a lebanese christian. >> but that was corrected. >> also information put out, there was a muslim woman who was killed for having condoms, there was no honor killing. it had not happened in dearborn. >> i think those are legitimate points that should have been clarified by watters and i will cede that those issues should have had clarification. there was a condom killing in germany. watters didn't say that, it was said by some guy who didn't know what he was talking about. however, have you seen watters world before? >> one or two times. >> how would you describe it? >> in some ways it goes into communities and makes fun of the community. >> wouldn't you say it was

satire and pretty much good natured satire? >> i don't think it really was satire, when you have people making comments about honor killings, and you go on your facebook page. bill, it's not your fault, but people are talking about bomb dearborn -- >> you know every story we have there are people that react in crazy or nutty ways. your beef is that we ran you down. and i'm submitting to you that every watters world is a satire and is a q and a in a very genial way between watters. there was no malice in that report. and then you had a beef with me, what is your beef with me? >> well, it's your show, bill, but not necessarily mr. watters, you are the head of this show you and allowed that to go on. and at the end of the day, people are characterized. that we have all types of

nurtures coming into dearborn, and this just gives the nuts more fuel to come into dearborn. >> all right, do you feel that muslims, whether they be in dearborn or anywhere else can be made fun of? >> sure, we have a sense of humor. sure. >> all right, because the week before, did you see who watters made fun of the week before? >> i sure didn't. >> catholics, because the pope was here. it was the same kind of thing, we got a few crank letters from people going you're denigrating catholics, but people understand this is done in a satire sort of way. i see your point about honor killings and stonings, and things like that. that is my fault as an editor, i should have said you know what, we should back this up. believe me, i am glad you contacted us because it will not

happen again. because if there is violence we'll check it out and we'll check. but overall it was a gen you kn gentle. why are you so upset? >> i mean, i don't see it totally being gentle. in fact, let's give a little background. you played the part about the guy missing the desert. well, i actually know three of the people in the story. one of the individuals in the story actually owns a restaurant. he is from lebanon. >> wait, the guy from the desert -- >> he is not from the desert. >> where is he from? >> he is lebanese. >> i think the guy said he was from yemen. it's the desert. >> all of yemen is not the desert. but even the issue about the drone, bill. even the issue about the drone, bill, as far as there is a war going on right now in yemen and there are drones and people being bombed -- >> you got to lighten up a little, mr. walid, but as i said

you taught us a good lesson. if we're going to throw out honor killings or stonings in a largely satirecal piece, we can't do that. >> i appreciate the opportunity, bill, and please come to dearborn, and we'll enjoy the food, very good food. and folks preparing for president obama's visit tomorrow. and later, watters is back. and later, watters is back. the early fall edition hi hey you look good. thank you, i feel good. it all starts with eating right. that's why i eat amaz!n prunes now.

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obama will visit roseburg, oregon tomorrow to comfort the

families of the nine dead and nine wounded after the terrible massacre there last week. there is controversy because douglas county, where roseburg is located, is gun country. president obama is pushing for stronger gun control. joining me now, 16-year-old cheyenne was shot in the back by the crazed shooter. how is your sister doing today? >> she is moving forward, making progress, i don't know how you expect anybody to cope with what she saw. i have no clue. she doesn't talk about it. >> tell me a little bit about that. jesse. she is 16 years old, studying to be a nurse. all of a sudden she is in a life-threatening situation. have you spoken with your sister? what has she said to you about it? >> we don't talk about it. we talk about regular life stuff. we are not trying to dramatize

or talk about what happened in there i don't even know how to bring it up to her. >> now, the doctors, they are optimistic, they believe she is in fair condition and will recover. that is what they're telling us anyway, is to what they're telling you? >> yes, they are. >> and everybody is praying for her. and i understand the community has been fantastic to you, is that correct? >> yes, they have. we thank the hospital and all the responders, those that came here immediately. and yes, they are -- our community is pulling together as one. and we want to be left alone and just let us be and take care of our people here. >> yeah, we understand that. the president is coming here friday. and we understand the president has to be here, but we just ask him, please, god, please, media take off with obama. like, leave us alone, let us heal. >> but i think that will happen, i think once the president

leaves, and he is not going to be there for a short time. have you been told -- will the president visit your daughter in the hospital? >> nobody has told us anything like that. the press and speculations, they're the only place we've heard anything about this. we don't know who is getting visited. >> nobody, you haven't been alerted or anything like that. that is interesting because everybody is kind of on edge as you know out there in douglas county because it is a conservative area that doesn't appreciate this tragedy being politicalized and i'm sure you two feel the same way. i sympathize with you -- get your daughter and your sister well and let the media take off and let the president do what he does. i sympathize with that 100%. >> and let our sheriff -- >> leave our sheriff alone, support him for standing up for his people. >> the way we do and what is right for us and in our community, how we do, the way we do our thing.

>> okay. >> our county takes care of itself. >> is there anything that you ne need, that cheyenne may need, or is everything in your estimation being done to the best of its ability? >> everybody is great as far as that goes, we're shielding her from everything, all the negatives -- >> we don't want her to have to go through anymore and see us talking about it. and whatnot, right now. >> okay, so the point that you have all been making if i can encapsulate is that after the president's visit tomorrow you want the media to go. you just want to be able to have your daughter and your sister recover. and you are very happy -- >> and that is all. >> and you're very happy with the way everybody has responded. do i have it right? >> yeah, everybody come together, yes, that is what i'm saying, we're saying in douglas county. >> i think that will happen.

and we appreciate you guys. i know it's a very, very hard time for you. we appreciate you guys talking to you tonight. plenty more ahead as the factor moves along this evening. brand-new study says smartphones are harming personal relationships in america. we'll give you the data. then, bernie goldberg on ben carson's oregon comments and watters with his usually whacky stuff. >> have you guys ever been water-boarded in the war on women? >> in what? >> stay tuned for those reports. what super poligrip does for me is it keeps the food out. before those little pieces would get in between my dentures and my gum and it was uncomfortable. just a few dabs is clinically proven to seal out more food particles. super poligrip is part of my life now. by day, they must stay warm. challenges to the feet. but by night, beautiful, smoother and ready

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in the segment tonight, another illegal alien murder case, this time in texas. also a new study about smartphones that says they hurt personal relationships. now from new york city, shannon bream, we begin with you. tell me about the smartphone study. >> you know what? i learned a new word today. it is called fubbing, meaning phone snubbing. if your partner is more interested in their smartphone and other social media, it could be hurting your relationship. two professors out of baylor decided to study this and see how the percentages were going down.

65% say they have been fubbed. 23% say it caused a problem in their relationship, and 33% say they're depressed about it. >> all right, i believe that fubbing is all over the place and i have to confess, shannon bream, that i do it sometimes because of work. because of work. okay? so i guess a little -- get the little believe, and then it says o'reilly, you have been arrested, because that is what this is. and there is somebody sitting across from me, and i always explain, though, i don't just pick it up and start to text. but i have to take the fubbing stuff away from the urchins at the dinner table, because they do this the whole day. >> bottom line of the study is it is disastrous for romantic relationships, if you're not sure which you are, you can go to the author of the study, the

author's website, to smartphone love affair -- >> i can't ask it. i don't even want -- i can't ask it. i am very came. all right, another study about -- and i had predicted this. drugged driving as opposed to drunk driving. who did the study and what did they find out? >> it came from the governor's highway safety association. basically these are safety associations in d.c. and puerto rico, it is startling. they looked and found that in fatal wrecks nearly 40% of the dead drivers tested positive for drugs, not just alcohol. and that is now equal to the number of drivers that are testing positive for alcohol, who had been killed. >> this is an interesting statistic. 40% of drivers killed in accidents test positive for

drugs and 40% test positive for alcohol. that is 80% of all fatalities, the drivers are stoned out of their minds. and drugs have now -- i got the chart here. come up dramatically and this is because of society's leniency about consuming drugs, is it not? >> well, two reasons they seem to think are behind this. first of all the number of prescriptions that are on, that is up since 2009. painkillers on that list in a lot of cases. a lot of states have legalized marijuana, most of them for medical -- >> wait until you see what happens in two years, okay, shannon bream. all right, in texas, a murder, grisly, involving illegal aliens, pick it up. horrible, what you warn about. this guy was deported twice. who is this guy? >> this guy is edwin salinas.

two bodies were inside a car, two people shot. he was charged and deported on april, 2014. obviously he came back because he was deported again. >> this was the third time, he is in the united states after two deportations. police say he murders two people in a grisly way and he is a drug dealer, right? >> yeah, they say it was a cocaine deal gone bad. >> and top of the program we talked about kate's law and this guy they could have just picked him up if kate's law would have been in. even if they just suspected him. >> on october 18th, he would still be in jail. >> because he was deported one time. >> never would have happened if kate's law was there. >> and the pinheads in congress

are dithering around. in another related story about half of the illegal immigrant children who crossed over the southern border. remember that story last year, where thousands of minors have crossed have not shown up for their hearings, is that correct? >> that is correct, about half the nuave not shown up, 31,000 did show up for the first hearing. they finished about half. 14,000 or so. 7,571 removal orders, but bill, 6,611 who were in absentia, that means you were not there. 87% of the removal orders were not there for the hearing. >> and we predicted this would happen. now homeland security says track them down. >> dhs does -- >> but they're not going to track them down. >> you have to be elian gonzales. >> they're not going to track them down, they're in the wind as they say.

and this whole thing is a big, phoney fraud. and bernie goldberg on how the media covered the comments on the massacre. on the massacre. and then watters, dealing wit if you're an adult with type 2 diabetes and your a1c is not at goal with certain diabetes pills or daily insulin, your doctor may be talking about adding medication to help lower your a1c. ask your doctor if adding once-a-week tanzeum is right for you. once-a-week tanzeum is an injectable prescription medicine that may improve blood sugar in adults with type 2 diabetes, along with diet and exercise. once-a-week tanzeum works by helping your body release its own natural insulin when it's needed. tanzeum is not recommended as the first medicine to treat diabetes or in people with severe stomach or intestinal problems. tanzeum is not insulin. it is not used to treat type 1 diabetes or diabetic ketoacidosis, and has not been studied with mealtime insulin. do not take tanzeum if you or your family have a history of medullary thyroid cancer

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i'm bill o'reilly. and we reported last night. the far left has attacked dr. ben carson for saying that he would have attacked any gunman trying to kill him. very dishonestly, the press insinuates that carson was being disrespectful to those in the massacre. what say you about this, bernie? >> well, bill as you know i want to get this on the record early on. i am not a fan of dr. carson as a presidential candidate. outside of that he seems to be a very nice guy and talented doctor, but he has said too many outrageous things for me to think he is going to be a good president. the united states is not like nazi germany. but in this case this is a hit job on the doctor. he was asked a specific question, what would he do if he were in that situation? and he answered what he would do. when i heard this, it didn't

even occur to me that he was second-guessing the victims. but this is what happens, bill. this is what happens when you are a conservative republican with good poll numbers. the other side has to bring you down and unfortunately, in this case, the other side is made up of more than a few people who at least dabble in journalism. >> well, nbc picked it up and said are you insinuating that the victims are responsible? i don't want to belabor it, but they did the same thing to me years ago. there was a murder case, a woman early in the morning, i said during the discussion that is not a good place to be early in the morning at 4:30 a.m. and the woman said oh, you're blaming the victim. this is organized campaign to smear people with whom these far

left idiots disagree. and that is it. >> right. >> now, what about naming the shooter in the massacre? i did it on the breaking news night. on the breaking news night because there was a lot of misinformation floating around, i said here he is, here is how old he is, this is the shooter. but then from then on i would not mention his name. >> okay, i wrote a column about this on my website. i hope people will go read this because there are nuances in the column. look, i understand those who will not mention his name and won't give him what he wants. part of me even sympathizes with that. the same people who wouldn't mention the killer's name, for whatever reason. they don't want to give him what he wants. they're afraid of copycat killers. they are on news channels, news networks that run the mayhem,

the agony that he caused. the hurt that he caused, over and over, hour after hour after hour. not two hours, not three or five hours. seven, eight or ten hours. so i'm wondering, bill, which causes more harm? simply naming the killer? or showing what he did on an endless loop. and i contend, although i have no evidence of this but it's my belief that showing the dirty work that he did is more harmful than simply naming him. now, for the record, for the record, i have named him as a hard news journalist. i would name him, i would tell the audience as much as i could about him. if the sheriff doesn't want to name him that is one thing. journalists should name him. and in your case i'm glad you mention it on the breaking news -- >> yeah, on the breaking news you have to. but then i'm not going to do it subsequently, but i will say here is his mother. his mother had guns and here is his background but i don't have

to mention his name. >> the more we know the better. >> yeah, obviously you want to know the motive for these terrible things. >> do we have any time for a second quick point? >> yeah. >> okay, let's too many that this killer was not this guy but his name was abdul mohammed ahmed, everybody would be mentioning his name. >> but that is a terror component. >> yes, that is what i said, they would justify it by saying wait a second, he is a terrorist. he is not a run-of-the-mill mass killer. but if mr. ahmed mohammed or whatever his name would be, asked the people, the innocent victim, by the way, what is your religion and then would kill them, that would be an automatic reason -- >> we're not sure that happened. we're still trying to nail that component down. >> it happened, but there are

two theories on what he meant. one theory, he was targeting christians. the other theory in his warped mind, he was saying to people if you believe in god, you're a christian, and he kills them. >> we need clarity before we can carry that forward. >> but if a muslim terrorist had asked the religion, for whatever reason everybody who is not mentioning his name would mention his name. >> but it's a different story if it's terrorism, and a different story if it's racism in charleston. and then you have to get to the factor of if it is organized. last thing, can you believe we're 19 years old on this network, bernie? 19. >> you started. that means you were what, 13? >> yeah, 27 years old. but you know, 19 years old. yesterday on the fox news channel. i just think everybody that works, they should be proud of it.

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back of the book segment tonight, the best of watters world. the early fall edition. as you may know jesse watters becoming very famous running around talking to folks. that is all he does. how great a job is that? roll the tape. ♪ ♪ ♪ >> i'm here to surrender. >> how come? >> the war on women. have you guys ever been waterboarded? in the war on women? >> in what? >> do you think there is a war on women going on right now in this country? >> yeah, there is a big war. >> you think men are keeping are guys down?

>> yeah, there is just not enough equality between men and women in this day and age. >> so if there is equality in the war on women does that mean we have to keep paying for your dinner? >> if you want to go on a date with me, you bet. >> so you don't always want equality, you want chivalry when it suits you. if you bought you guys a drink, you would refuse it? in what way are men and women not equal? >> in the way they're treated. if girls are walking by, guys will stare at them and whistle. >> do you guys get paid the same as men? you get paid more? >> yeah. >> there is a reason for that. you can't oppress the white man? >> absolutely, they are racially and gender above everybody else.

>> i can't on oppress you. >> you want to join me for a few minutes? >> it's a vicious cycle. oppressing others -- >> what if i'm a white male, but i self-identify as a black man. >> i think that is very audacious and crass. >> i think everybody can be oppressed.

>> what are you doing in there the whole time? >> i'm looking at ipads. >> shop smart, you got that! what do you have there? >> i have a mac book pro, 13 inches. >> 13 inches, you have to admit there is more to it than meets the eye. >> should i push the button? >> so where do we go from here?

>> i would definitely agree with that. i think it's [bleep]. >> if you could change something about this country, what would you change? >> i don't think cops should be walking around with arms. >> how would they protect you if you got mugged? >> i don't think -- well, okay. >> do you vote? >> yes, and i'm also an organ donor. >> do you think you owe this country anything? >> no, not at this point in my

life. >> if it wasn't for the greatest generation, you'd be speaking german. >> nobody ever said a bad word and winston churchill, did they? >> what else should we give people for free? >> what about their freedom? >> we're born that way. >> no, lady, gaga. we're not. >> ever listen to bruce springstein? >> no, i'm gay. >> later, bill. >> waters will be back from vacation on monday with his special columbus day report. the tip moments away. ♪song: "that's life" ♪song: "that's life" ♪song: "that's life"

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may cause low blood sugar. tell your doctor about all the medicines you take and if you have any medical conditions. so talk to your doctor, and for details, visit jardiance.com. back to tip of the day and ronald reagan and the aarp in a moment. lots of action on

billoreilly.com. first, the killing books, best-selling books in america so far. in addition, the dvd is out for legends and lies, which, by the way, returns next year with the patriot series. we're going on the scripts now. if you are a bill o'reilly premium member, you get copies of all of that stuff and a copy of the constitution, as well. now, the mail. i support strong sentences for criminals, but you were disingenuous. that sentencing was different in the recent past and got in line with today's stant ards. that's just an excuse. the prisoner releases them from the desire of president obama who believes mandatory drug sentencing is racially motivated.

there's a difference between drug pushers and users. users need rehab over prison. you need to wise up, dan. less than one percent of those incarcerated are users. and you can't rehab somebody who doesn't want to be rehabbed. joe, lilligrow. a hundred percent correct. drug dealers could not care less about fatal overdoses or addiction. yet, the left feels sorry for these people. >> bill, the only thing funnier is your explanations of them. ronald johnson rocks vermont. they will have always regarded you as an intellectual. but to align yourself with miller and his pathetic attempt at comedy has me wondering. i guess that means you will not be seeing hillary and me in shi can foe or south florida or phoenix, ron. you'll miss out. but don't.

santa barbara, california. bill, i was disappointed in your treatment of martha maccallum's necklace. i might have been absent that day. who are you? mr. fashion? yeah, that's me, marylin. mr. fashion. it pains me to say i did not enjoy "killing reagan." he was a man and in order to see how he developed into a great man, you have to know the total person. which is what martin dugard and i present. i always had a high opinion of ronald reagan. but i have to admit that after reading "killing reagan," my opinion has risen. what an honest man. and courageous, too, bill.

thanks for reading the book. finally tonight, aarp has about 37 million members. you can see the article on aap.org/magazine. it is well-worth your time to check it out. and that is it for us tonight. word of the day, do not vermiculate. do not vermiculate. tomorrow, we're on the ground

with president obama and big controversy there. again, thanks for waping us tonight. please remember the spin stops here. breaking tonight, a week of media attacks. welcome to "the kelly file" everyone, i'm sandra smith in for m erksz megyn kelly tonight. suggesting that if he faced a similar situation, he would "not just stand there and let him shoot me. he went onto explain that he would encourage everyone to attack the gunmen. the