me after that last one. the o'reilly factor is next. good night from washington, d.c. the o'reilly factor is on. tonight: >> would you feel comfortable with donald trump's finger on the nuclear codes? >> last time on cnn the republican candidates were asked 55 questions about each other tonight will the cnn moderators treat the democratic candidates the same way? talking points has a prediction. >> i was constructed in a garage in pal alto. >> hillary clinton feeling a bit jovial before the debate. ed henry with some inside stuff on her preparation.

>> that's a fact. >> also ahead authorities in georgia charge comorst confederate flag supporters with gang related crimes. factor begins right now. i'm bill o'reilly, thanks for watching us tonight. the big democratic debate that's the subject of this evening's talking points memo. in analysis provided by news busters, a conservative media watchdog group the republican debate on cnn was basically a squabble. you may remember that the three cnn moderators asked 55 questions trying to get the republicans to criticize each other that was 74% of all the questions posed in the entire debate. 74%. here's a sample.

>> senator cruz, governor kasich says anyone promising to rip up the iran deal on day one as you have promised to do is, quote, inexperienced and, quote playing to a crowd. respond to governor kasich, please. >> in an interview last week in rolling stone magazine donald trump said the following about you. look at that face, would anyone vote for that? can you imagine that the face of our next president? >> now, it was obvious that jake tapper and cohorts wanted to provoke the republicans to attack each other and to some extent that happened. and tonight do you expect the cnn interrogators to do the same thing with the democrats? i don't. already we are hearing that anderson cooper and his cohorts are not that much interested in confrontation. if cnn doesn't handle the democratic debate the way it did with republicans that itself will become a big news story. there are plenty of differences between hillary clinton and bernie sanders the two top poll people.

sanders solve the chart left and running a run trick campaign. telling system is rig ared and rich are taking advantage of everybody else. that's what bernie has. that's it. hillary clinton is a policy person. the problems is the policies of the democratic party and president obama are not working. if cnn wanted to, they can go to down on that as "60 minutes" did on sunday. again, i don't really expect many questions about president obama. he could be wrong. the other democratic candidates have no chance whatsoever and slow down the debate which most likely won't be sent lating consistent lating anyway. the only thing that could make the debate interesting is if the moderators challenged the democratic cob tenders. hillary clinton the email deal and flip flopping and bernie sanders on socialism in general. again with cnn's liberal profile you don't really expect that will happen. one final thing.

troops interesting that fox news is often branded as a republican leaning network if you watched the republican debate here on fnc that was one tough forum, was it not? so we will see tonight whether cnn can rise to the occasion with tough questioning and holding the candidates accountability for their specific answers. that's the memo. now for the top story tonight. reaction. joining us from washington charles krauthammer. do you think go to democrats smacking each other around? >> no, i think fox is somehow, you know, going to cave to the republicans. that was one with of the fiercest debates most interesting debates, hottest debates. it was the owe roman coliseum out there and yet a fair debate and that was conducted by fox on republicans. you will get nothing nothing

like that when the cnn debate goes on tonight. for two reasons. one is i don't think there are real policy differences anymore between hillary had and sanders shoe. he is panicked. she caved on keystone pipeline partnership the trade deal with asia which she had praise about 40 times before. she called it the gold standard in trade agreements she even said obama's illegal executive order on amnesty for 5 million illegal aliens did not go far enough and she would issue executive orders going further there isn't a dime's worth of difference between their policies. bernie calls himself a socialist. that doesn't matter. as a matter of policy, i don't see much difference. but i would disagree with you on one way i think there

is one incident is subsequent -- incident is lating. -- >> he may be but unfortunately it doesn't show. >> that may be true and a lot of republicans have a same problems that chief but o'malley ran maryland and ran baltimore. that's enough to get you disqualified from any job. i mean a bartender. what? you ran maryland? i'm sorry. come on. but here is a deal. i agree with you that the candidates are not big differences but you can hammer them like croft did on 60 minutes on sunday on just the facts of kay 00 tech policies. do you agree with policy on sitting around in syria and letting putin run the country. you can do that you can also ask hillary clinton about the emails and other

candidates about her email situation how you are processing. if that's two ways to get in. the word is on the street that the democratic party has put out not so quietly that if any of the four men attack hillary clinton they are persona non-grata in the party. they have almost threatened you do not attack hillary clinton on anything. >> look, i think they have been acting that way. i mean, after all, you attack her and you will not be a appointed ambassador to the court. >> that's right and you will be shunned. >> that's why i think it's going to be one of the least interesting debates in american history. the other part of it is this. you are right that cnn deliberately went out of its way in the second republican debate. to bait one candidate against the other. however, they had had a lot of material to work with. they had quotes and that's because, i think, this has been an unusually personal

and hurling insult campaign on the republican side. you haven't had that on the democratic side. so, yes, i think consciously or unconsciously a liberal moderator are going to want to bait the republicans and make them look bad. scawbleg and squabbling and small. the material was given to them by the republican candidates and you i must say, notably, donald trump. >> okay. i have to caution you. so far during this segment, you have said i have been right four times. now, this is going to harm your reputation in washington. you must know that i don't want you to be denied cocktail party access or anything like that. so you might want to tamp that down a little bit. cnn host anderson cooper. >> i'm already regretting it. let me ample phi what i said. >> no, no, no. we don't need that anderson cooper. is he a member of the

clinton foundation initiative. did you know that? >> i do. and i must say i'm not impressed. >> okay. should he declare that at the top of the? >> yeah, he probably should say it but it's something nominal. it's a full disclosure thing. >> yeah. the idea that he would be tainted, look. clinton initiative conducting seminars. there is nothing sinister about it. i don't think it matters. >> a bunch of people are. stephanopoulos, of course, matt lauer, tom brokaw, but you and i aren't members. i was never even invited. were you invited? >> i'm extremely resentful. i was not onyx son's enemy list and i wasn't on the clinton friendly list. two deficits in my resume. >> you and i are like pariahs, we don't even get consideration to be on big things like that. all right, charles krauthammer, who really loves the factor.

thank you. next on the rundown, kirsten powers another one who loves our show on polling that show he that hillary clinton would lose to most republican candidates. gutfeld and mcguirk on the debate i really don't know if that's a good idea. factor is coming right back. today, jason is here to volunteer to help those in need. when a twinge of back pain surprises him. morning starts in high spirits but there's a growing pain in his lower back. as lines grow longer, his pain continues to linger. but after a long day of helping others, he gets some helpful advice. just two aleve have the strength to keep back pain away all day. today, jason chose aleve. aleve, all day strong. and try aleve pm, now with an easy open cap.

is it keeps the food out. for me 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. i built my business with passion. but i keep it growing by making every dollar count. that's why i have the spark cash card from capital one.

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? enough poll from fox news it asked registered of voters to choose a candidate in hypothetical race. here they are, ben carson 50%. hillary clinton 39%. wow, donald trump 45%, mrs. clinton 40%. jeb bush 44%, hillary 40%. carly fiorina 42%, mrs. clinton 39%. the fox poll asked the same question about vice president biden and he defeated every single republican candidate. joining us from washington kirsten powers. first of all before we get

to that do you expect cnn to be tough on the democrats tonight? >> i hope so. i think they were different moderators jake tapper was the moderator last time different one this time. the republican debate was tough and i hope they will be tough on the democratic debate as well. >> difference between hoping and thinking. so many things you can say. some areas you can go in and then people going oh it should be boring. i'm monitoring that debate, you would have to have the police in there because i have got so much if you were the moderator what would your first question to hillary be? >> i would ask her -- i would say a lot of people have said that you seem to be moving to the left because bernie sanders is in the race do you consider yourself a liberal? >> i would ask her, mrs. clinton, the american ambassador to libya was assassinated, cable show that you knew that was danger there. a cable from he himself

stated that why didn't you upgrade security. >> she is so ready for that question. >> by answering that question she goes on the record. the people who were there go yes or no. so you have got to get them it on the record with declarative sentences not wandering. hillary clinton loses to all of the republican candidates. does that surprise you? at this point it doesn't surprise me because i think the trajectory for her has been pretty bad. if you were to ask me six months ago, yes, this would be surprising to me. not because i thought she was inevitable or anything like that but that she was a pretty strong candidate and look, she is getting beaten by people who have never held office before. >> beaten bad by. trump who will be on this program tomorrow, powers. trump is going to analyze the democratic debate tonight. come on, i should charge admission to this. so he will be here tomorrow

to do that all right, now, you probably heard that planned parenthood has now said. >> right. >> that none of their operations are going to accept money for fetal tissue any longer. okay. now, they can couch it any way they want to couch it. this is an admission that their practices and their attitude toward their practices have been wrong. is it not? >> i think it is. it certainly can be interpreted as an admission of wrongdoing. it also raises questions as usual. and one of the big questions is are they going to stop harvesting the fetal tissue. >> no, they are not. that question has been answered because they say the woman going into the abortion will still have the option of donating the tissue. >> who is paying for it, right? because they were saying that they needed to have these reimbursement to cover. >> they farm out abortions but they take a cut they will farm this out and they say they won't take a cut of

this. the whole thing is grizzly. it has put planned parenthood into an interesting position because they can't defend what they do. but then you go back to the debate. you circle back to the debate. how about old bernie sanders. don't you love to get bernie. hey bernie, you know, this planned parenthood thing is selling the baby tissues, what do you think about that? do you like that? is that a good deal? the way they were so cavalier about it and little cocktails and mentioning luxury cars and all that what do you think, bernie. you know, you could really go to town, could you not? >> well, i mean he was asked about it when the video first came out and i think you know in the beginning the democratic candidates were saying of course this was sort of unsettling, the tone that was being used. >> changed fast after that war on women. >> but they don't -- they will just say that this isn't true that this is this right wing smear job. >> still say that even though planned parenthood says they will stop doing it? >> so lame. >> the american people have

not seen it the same way planned parenthood have taken a major hit because of these videos, democrats can keep saying this stuff but it's not going to work. >> i you have made a prediction. i do not think that cnn is going to stir anything up as they certainly did in the republican circles and that in itself aboutlike a story. cnn ought to wise up and go after the democrats the same exact way they went after the republicans in a provocative way putting one against the other. >> i think they are going to do that. >> i could be wrong. i think i was wrong back in 2003. >> it happened one time. >> it's always possible that you will be right and i will be wrong. >> every now and then. >> shutter just went through me. all right. kirsten powers, everybody. directly ahead inside stuff about hillary clinton's preparation for tonight's debate. later, georgia authorities charging queferl supporters with gang related

activities. crimes. fascinating story up ahead. new theraflu expressmax. the power to feel better.

you wouldn't take medicine without checking the side effects. hey honey. huh. the good news is my hypertension is gone. so why would you invest without checking brokercheck? check your broker with brokercheck. inthe mid-size van, from mercedes-benz. it's got small-ability and big-ability. towing-ability and stowing-ability. rack-ability and hvac-ability. it's fully customizable and sized just right to give you cupcake-ability, entourage-ability...

...garage-ability and even afford-ability. starting at $28,950. available in cargo or passenger. from mercedes-benz.

how is hillary clinton preparing for the debate this evening? in my book "killing reagan" we discussed how ronald reagan prepared for his debate with jimmy carter in the 1908 election. we reveal in the book that reagan somehow got ahold of carter's personal notes. someone actually stole them delivering the info to the reagan campaign. absolutely true. joining us from las vegas ed henry covering the debate. nothing like that has happened tonight nobody stole any note, did they, ed? >> no stolen notes in talking to some of hillary's

top she tells me she does prep like that getting books, papers, memos and has been reading them for weeks and months. not just something she has been doing in the last couple days is she drinking water and eating lunch and watching a movie? they are saying absolutely nothing. they have a very tight ring around her had. it makes you wonder whether they are nervous going in tonight. she sea frontrunner, shaky frontrunner and very bottom line is a lot of others in this race have nothing to lose and are ready to hit her and hit her hard. >> the word on the street is that if you go after hillary clinton, the democratic stalwarts will stun you in the future. that is the word. >> flip flop, trade, you are right. it does seem like there is a lot of chatter if you hit her on emails some of the attack like lines republicans are using will not go well. >> your future in the democratic party is going to be very limited believe me they know that.

it's up to the moderators to get the stuff going and ask pointed questions it will be interesting to sees a we said in the talking points memo whether cnn will treat the democrats the way they treated the republicans. i don't think they will. hillary clinton herself not that fast on her feet. would that be accurate? she is not a person who reacts that quickly? >> she has struggled and she has struggled as a campaigner. she has been rusty. out there trying to connect with people. i have been all around the country with her. in a debate setting i would say she has going for her in talking to her aids look, she debated barack obama 19 times in 2008. she has a lot more experience on a big stage than bernie sanders and martin o'malley who have never had the pressure that they are going to face tonight. >> why? there is no pressure on bernie sanders and martin o'malley. o'malley has 1%. he ran maryland and baltimore into the ground. he has got no record to run on. i mean, you know. >> other than that. >> yeah. come on. you can have one of the municipalities up there --

muppets up there. o'malley has nothing. >> chief has got -- >> bernie sanders is running on one trick and one trick alone. capitalism is bad. i love raoul castro let's all go home and have somebody else pay for our dinner. that's all he has got. he has nothing else. you know that. >> except with that message he is getting 9, 10, 12,000 people at rallies around the country. >> all of them want. >> he is beating her in new hampshire. >> it's not because of her. it's because these people who like him want the system torn apart. torn counsel. >> there is some of that. >> hillary clinton to her credit knows the policies and issues. she knows what they are. i don't think n.i.e. she a core belief person other than liberal tenets whatever the liberal ten dejour is

she will support it. at least she knows policy. i mean the others, you say they have nothing to lose. okay. maybe you are right. they have nothing to lose. they don't have anything to gain. nobody in their right behind is going to elect bernie sanders president of the united states. he ran, eugene mccarthy would double him in the voting if you remember back that election. >> very interesting. despite everything you laid out. hillary clinton as soon as she landed here in las vegas on a private jet with former president bill clinton she immediately didn't come here to the wynn. she went across the street to the trump hotel because he had culinary workers outside protesting. why did she do that? number one she hasn't been able to get labor endorsement. nervous why labor is sitting on heir hands. she wanted to march with the culinary union beating up on donald trump. take on trump or any of the republicans but she has still got to get past these primaries. she still has to get past

the fact that in the latest fox poll in head to head matches with the republicans she loses whereas joe biden if he wins he wins. >> so they are leaving a little podium open for biden in case he doesn't know where he is and wanders into a vegas showroom? >> i have got something for you tonight he is not going to be in a vegas showroom. is he going to be it at the naval observatory. is he hosting a high school reunion number one and number two his aids tell us he is going to be watching the debate on tv. i spoke to one of his top fundraisers he told me is not going to jump on a plane at the last minute we know this. this fund raidser think hes he will get in sortly after the debate. >> you married it from ed henry he is never wrong, not like me. rrtd, ed, thank you. plenty more arrests the factor moves along this evening. georgia some charging confederate flag supporters with gang activities. we having that gutfeld and mcguirk will analyze tonight's debate and a feud

between rock star steven tyler and donald trump. hope you stay tuned to those reports.

♪song: "that's life" ♪song: "that's life" ♪song: "that's life" ♪song: "that's life"♪ that's life. you diet. you exercise. and if you still need help lowering your blood sugar... ...this is jardiance. along with diet and exercise, jardiance works around the clock to lower blood sugar in adults with type 2 diabetes. it works by helping your body to get rid of some of the sugar it doesn't need through urination. this can help you lower blood sugar and a1c. and although it's not for weight loss or lowering systolic blood pressure, jardiance could help with both. jardiance can cause serious side effects including dehydration. this may cause you to feel dizzy,

faint or lightheaded, or weak upon standing. other side effects aregenital y, urinary tract infections, changes in urination, kidney problems, and increased bad cholesterol. do not take jardiance if you are on dialysis or have severe kidney problems. stop taking jardiance and call your doctor right away if you have symptoms of an allergic reaction. symptoms may include rash, swelling, and difficulty breathing or swallowing. taking jardiance with a sulfonylurea or insulin 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.

campaign 2016 segment tonight. brand new polling from fox news about the republican field. donald trump leading the league here with 24%. ben carson 23%. that's pretty much a tie. ted cruz 10%, marco rubio 9%. jeb bush 8%. the rest of the candidates

not competitive at this point. democratic pollster and andrea tantaros host of outnumbered. i will be on there tomorrow against my will. >> we can't wait. >> how many are you 16 of you ladies? >> only four. >> seems like so many more. so much chatting. >> go easy. >> try not it to bloviate. give it your best shot tantaros. four against one, we will see who wins. >> we are ready carson surging, why? >> surging why? because he is resonating. he is a very smart man. and, look, the debate setting isn't his format, bill, but the speeches that has been giving and these small forums he does phenomenally. >> one-on-one campaigning. that doesn't really translate to a national poll. what do you think it is is, jessica? >> i think he is no nonsense. i think he also will admit when he says something that he didn't necessarily mean in the way that it was taken. >> yeah. because every liberal commentator smears him any time he says anything.

>> that helps him. >> it's not always the liberal's fault but ben carson you have to admit. it's just one after the other after the other. >> absolutely. >> as he said on this program last night the more they, the liberal commentators do it, the higher his poll numbers go. >> we saw that work for donald trump as well. >> but now. >> top of the pack in the first place. >> trump is going to be here plugging this like crazy going to it analyze the debate here tomorrow night. >> he is actually going to be here? >> i don't know where is he going to be. i'm going to talk to him. you never know where trump is. >> you are not going to his lobby. >> i don't lobby anymore. i went there once and i was frightened and i'm not going again. trump is maintaining his 24%. that's what he is has got 24%, 25%. carson is bumping up. the rest of them fiorina got a bump not in the top five now. she has dropped out of the top five. next debate she might come back in. >> two big stories, rubio and cruz arebreaking through

the field. rubio has been the understudy of jeb bush who has faltered and had a lackluster performance. rubio has capitalized on that. the big story here i think, bill is, that hillary clinton in this lady latest polling cannot break 40% against any of these republicans. >> she loses to all five, jessica. does that surprise you? >> it doesn't right now in the current climate. she is still up 20 points in the democratic primary field. >> wait, wait. let jessica. she is a democratic pollster. but hillary clinton is still up and you are right. she is running against fidel castro. aka bernie sanders. okay. and then three guys who i think are named shimp bo and. >> see come out foreign policy angle. like to see action that way. >> you want to see confrontation.

>> i'm not talking about confrontation in fisticuff sense. i would like to see her pushed. >> good for you. >> thank you. >> let's have mrs. clinton answer some questions, right? >> they are not going to be coming from anderson cooper. >> he came out and said look we are not going to pet them against each other? isn't that the point of the debate to have them debate? >> of course. that's exactly what his crew did with the republicans. anderson is a member of the clinton global initiative so he knows hillary, probably knows secrets so he could really do damage. >> i'm sure we are going to have hard hitting questions. >> what if anderson comes out hard hitting tonight will you eat crow? >> i will give him kudos and applaud him. it is irrelevant that she is in the democratic party doing well. what matters, bill, is how the nation nationally she is per received. >> you could see the same thing that you just said about trump. >> the latest poll that just

came out aconsidered cog cbs news trump beats hillary by five nationally. republicans are doing better against her it's a problem. >> last word, jessica? >> that i think that it does matter if we are in primary season how she is doing in the primaries. when beget to the general election things might be very different there is no doubt that the clinton campaign. >> i have to tell it the audience i do not expect hillary clinton to do poorly. she is well rehearsed. >> she is a great debater. >> as we heard with ed henry. no matter what they ask her she will answer what she wants which is why you need me there going hold it. you know. they are not going to do that at cnn. all right, ladies. very fun. >> see you tomorrow on outnumbered. >> how many plugs cupito to give that. >> get your sleep. >> in my sleep can i take these four. when we come right back, gutfeld, mcguirk on the big debate and a feud between rock guy steven tyler and donald trump. wow. the boys moments away.

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 or multiple endocrine neoplasia syndrome type 2, or if you're allergic to tanzeum or any of its ingredients. stop using tanzeum and call your doctor right away if you experience symptoms of a serious allergic reaction

which may include itching, rash, or difficulty breathing; if you have signs of pancreatitis, such as severe stomach pain that will not go away and may move to your back, with or without vomiting; or if you have symptoms of thyroid cancer which include a lump or swelling in your neck, hoarseness, trouble swallowing, or shortness of breath. before using tanzeum, talk to your doctor about your medical conditions, all medicines you're taking, if you're nursing, pregnant, or may become pregnant. and about low blood sugar and how to manage it. taking tanzeum with a sulfonylurea or insulin increases your risk for low blood sugar. common side effects with tanzeum include diarrhea, nausea, injection site reactions, cough, back pain, and cold or flu symptoms. some serious side effects can lead to dehydration which may cause kidney failure. ask your doctor if adding once-a-week tanzeum is right for you. go to tanzeum.com to learn if you may be eligible to receive tanzeum free for 12 months. make every week a tanzeum week.

♪ ♪ the beautiful sound of customers making the most of their united flight. power, wi-fi, and streaming entertainment. that's... seize the journey friendly. ♪ glad i could help you plan for your retirement. alright, kelly and promise me that you'll try that taco place on south street. and we have portfolio planning tools to help you manage your ira. yeah, you're old 401k give me your phone. the rollover consultants give you step-by-step help. no set-up fees. use your potion. sorry, not you. my pleasure. goodnight, tim. for all the confidence you need. who's tim? td ameritrade. you got this.

when i went on to ancestry, i just put in the name yes, we are twins. of my parents and my grandparents. i was getting all these leaves and i was going back generation after generation. you start to see documents and you see ......... and just meet these people. being on ancestry just made me feel like i belonged somewhere. discover your story. start searching for free now at ancestry.com. thanks for staying with us, i'm bill o'reilly in the what the heck just happened segment tonight, let's get right to gutfeld and mcguirk. you guys are aware that being on the factor is making you far more important than you really are? you ever both aware of that

gutfeld? >> that's why we pay you. >> you are aware of that. >> yes. okay. first things first. let's address the fact that it is in vegas, which means that bernie will be validating your parking. i think lincoln chafee will be at the carving station at the buffet which is great. there will be a wedding chapel there to maybe finally anderson cooper will put a ring on it and i believe there will be slot machines at every podium which is quite nice. my tip here is that no one will be mean to hillary. they will fear if she wins. nice kid ordering the food because you don't them to spit on cheeseburger are. >> the word is out from what i understand mcguirk in the democratic circles that you better be civil. anybody going what they call off the reservation, so he in the republicans there is no reservation trump bought it.

you know you are aprop united states native americans. >> stay off the path. >> you are in trouble. >> if anybody does anything to make hillary look bad then they are shunned by the party faithful. >> which has been their mo thus far which is why this is going to be a duller event than a basket weaving connection. blood thirsty lions walking around these people not going to make this interesting. >> the moderators can make it interesting. enough stuff. >> too liberal. liberal guys. >> get hammered go they go in the tank. >> anderson cooper says is he not going to it do the jake tapper pit them against each other thing. it's going to be so bad the hoping they find the malaysian plane this afternoon. webb meally mouth o'malley and chief, donald trump has a better chance of becoming mayor of mexico city. ted nugent naacp image award before these guys become president. it's not going to happen. >> there are some on the

republican side just as long shots. >> i do think that the sleeper here is going to be jim webb. >> sleeper? >> reagan appointee. navy cross winner, senator. he makes everybody there look like babies. >> stuff but nobody knows him. >> but he has nothing to lose and everything to win. >> you think he is going to come armed? >> i think -- armed with knowledge and a firm. >> i hope bernie sanders comes off with flomax so he doesn't have to. >> i heard bernie and they told him he couldn't do it wanted a big picture of jake right behind him. >> no props. >> back to the sequel. >> as i mentioned far too many times trump will be here tomorrow night analyzing the debate. buff there is a feud between steven tyler of aerosmith and trump because of this. roll the tape ♪ ♪ ♪

♪ >> so tyler, a boston guy, says to trump, muck golden -- mcguirk you can't use the song anymore since tyler hasn't put out an album since 1812. >> steven tyler is overrated. he is whining like a weak little baby he is he a loser. what's he known for? taking drugs and falling off the stage he. >> he is he a has been. he is all right. >> media loves. this they i do doo it all the time. >> what do you say. >> he is a republican. ire row smiths are not liberals they realize if you were seen as endorsing republican it's like endorsing hepatitis c which most musician is have. what i have a question though is why do all rock stars as they age end up looking like elderly actresses. he looks like diane keaton.

bon joseph now looks like jane fonda. they look like upper east coast social lites. all they need is a tiny dog. >> kind of look like spider monkey. >> trump said okay he is not going to use the song anymore. >> and then used it afterwards. >> and then he used it again. >> sue me. but i think he thinks the song is terrific. >> it's terrific. best song -- make your head spin. >> what music would you want if you were running. >> best people to take the song off. >> what music would you want at your rally? >> herman's hermits. >> i'm into something good. then peter noon. we love them. >> i would like that soothing new age music you hear admah sage parlors. >> i have never been there so i don't know. >> all right. that's enough. gutfeld mcguirk. everybody on deck. georgia authorities going after confederate flag supporters in a very serious way. then, the at this tip of the dan mary tyler moore.

factor is coming right back. moves the world forward. invest with those who see the world as unstoppable. who have the curiosity to look beyond the expected and the conviction to be in it for the long term. oppenheimerfunds believes that's the right way to invest... ...in this big, bold, beautiful world.

back with the segment tonight. a very interesting criminal case in georgia of a confrontation in douglasville, a serious situation has developed. >> oh, yeah. it's a flack, bye! have a good day. bye. have a good day, bye! have a good day, bye! bye. have a good day. yeah, we hear you too, baby, we feel you too, baby. that's a flack. that's a flag. stop that, that's a flag. that's a flag. that's a flag.

stop that car. that's a flag. >> now a grand jury from douglas county handed down indictments against 15 members of the group respect the flag. joining us from atlanta, jonathan, there is a pare, right, in a public park that is how this whole. started? >> reporter: exactly. it unfolds where there is this party in douglasville. the attendees are all african-american attending this child's birthday party. then they say these pick-up trucks with flags in the back are driving through the neighborhood. some include the embattled flag emblem. what happens from there is really a he said-she said. the people at the birthday party say the folks in the pick-up trucks were yelling racial epithets at them and the folks in the pick-up trucks insist that the people in the neighborhood were throwing rocks at them. whatever the case, the folks in the pick-up truck ends up being

indicted and this is a highly unusual prosecution. they were indicted on charges of making terroristic threats and par sticipating in criminal gan activity t. ten men and five women are members of a pro-confederate group called respect the flag and they're accused of intimidating this group of african-americans at this birthday party in douglasville. they are being prosecuted under georgia's anti--street gang law. the state legislature passed the original version of this law in the early 1990s when police saw quote a clear and present danger involving street gangs, intimidating law abiding sids. >> you know what's interesting about this, the police on the scene didn't make an arrest? they let the flag people drive away, is that right? >> that's correct.

at the time they kept both things apart, they kept heated tempers. but they weren't able to verify on either side the people at the birthday party saying they were brandishing weapons. the cops couldn't prove that. the people in the pick-up trucks accusing the people in the neighborhood. >> nobody arrested. it was obviously ill will. so they drive off and then it's october. this happened in july. they had a grand jury hearing testimony. i guess they'd have to hear from the police officers as well. they chose to indict these 15 guys with the flag group. i don't know about this. i could be wrong. last word. >> reporter: it will be very interesting to see what happens this particular law has been challenged by some who say it's a violation of the first amendment right to assembly.

folks have the right not to be intimidated. it will be very interested to see how there plays out. because to my knowledge, this is the first time that this law has been applied against a pro-confederate flag group. >> we appreciate it. back to the tip of the day about mary tyler more. the tip moments away.

a tip of the day about one of my favorite ladies, mary tyler moore in a moment. first, dr. r.a. hagange from mobridge, south dakota. in the president is a man the only logical conclusion is that his actions are the result of a calculated international plan to subvert the united states. here's how i see your analysis, mr. obama believes the usa should be one among many forging policies to confront world

policies. he doesn't want to lead on violence, climate change, high, isis, he withdraws. the president's policy of parity that we are one of many has weakened this nation and caused far more problems than we had before he took officer, in my opinion. russia, china, iran the jihadist, all act unilaterally. we don't. huge mistake. but i don't buy into the conspiracy deal. norm creel. i believe as you do that perhaps half the country doesn't know or doesn't care what's going on. james clifton, big mistake, o'reilly, saying the bengals ghazi hearings are critical. if that's true, i don't do it based on dishonest reactions when the distortists move so do we as we showed you last night in the clinton campaign's use of what i said. allison coyle, new york. the truth please, does waters

only interview stupid people? his marching orders are to select folks at random? no pre-interview, so he doesn't know their frame of reference. what you see is what actually happens with no agenda. christian lee fairview, tennessee, those who celebrate halloween are either unaware of its roots or promoting a world where elittle is life. you might want to give the kids a break, christian. halloween simply is a fun day. we don't have to bring the druids into it. betsy harris, billing, montana bill, stayed up reading "killing reagan" until 3:00 a.m. then gave it to my mother. why didn't you address reagan's attitude towards the aids crisis? excuse me, it's not a policy book, betsy. it's about the man, we only bring in politics to show the reader who ronald reagan actually was. it's not a policy book. stan berlinsky plantation,

florida. just finished listening to the aude book "killing reagan" at the end i found myself emotional. the paperback, thanks, for listening to it. kathy mckin kimmy, sun lakes, arizona. >> my husband and i will be seeing you and miller he the comerica in phoenix on december 4th. would either of you like a home cooked meal? how nice of you, kathy, i am flying in that day, so things are tight. miller eats a lot. but i'll ask him. he has trouble with the knives and forks, too, i don't know. only two other shows with tickets, chicago south florida and follow bill o'reilly.com. what a nice offer. the tip of the day one on the actress mary tyler moore, she changed television in a good way. her signature program was an enormous hit in the '70s and gave women power as leading

ladies. now, pbs has produced a program called mary tyler moore, a celebration. ♪ >> you get a jolt from the audience when they laugh at you. >> she just got so it quickly. >> she reaches out right through the television set and says, i gotcha. >> i think mary tyler moore has probably had more influence on my career than any other single person or force. >> now the tip of the day, check out that program. if you can and understand that mary tyler moore is an american icon. >> that is it for us tonight. please check out the fox news factor website, different from bill o'lysle i reilly.com. likely for you to spout off. o'reilly@foxnews.com. any time, any time. do not be indoleapt.

tomorrow, a big factor, react with trump leading it off. again thanks, for watching us tonight. i'm bill o'reilly, please remember this spin, it stops right here, we're definitely looking out for you. >>. breaking tonight, new fallout in the latest interview by president obama by accusing fox news of trying to make him scary and raises questions of people of faith. welcome to the kelly file, everyone, i'm megyn kelly t. president made a lot of news in the last 24 hours, first in a sit down with "60 minutes kwnts and now with a sit-down talk with one of his authors. it was a wide ranging six. he suggested at one point his initial success came because quote conservative media had not yet weighed in. >> it's interesting because