up next the o'reilly factor. good night from washington where i understand it's snowing tonight. anyway, good night from washington. the o'reilly factor is on, tonight: >> it's an unsourced, irresponsible claim that has no basis. >> fox news reporting the fbi now looking into possible corruption charges concerning the clinton foundation. mrs. clinton not happy and new poll numbers will not please her either. we'll have a special report. >> donald j. trump is calling for a total and complete shutdown of muslims entering the united states. until our country's representatives can figure out what the hell is going on. >> great britain debating whether or not to ban donald trump. don't they have freedom of speech over there?

we will take to you london. >> oh my -- >> also ahead, out-of-control students continuing to brutalize public schools without fear of punishment. a factor investigation. caution, you are about to enter the no spin zone. the factor begins right now. ♪ ♪ hi, i'm bill o'reilly, thanks for watching us tonight. the state of the union, that this evening's talking points memo two words not good. about an hour from now president obama will deliver his final state of the union address. i know some of you are applauding the word "final." a new cbs news poll tells the story. just 27% of americans believe the u.s.a. is heading in the right direction. a whopping 65% say the $wp(i and that includes 4 7% democrats.

this time last year 38% of americans felt the country was heading for a good place. 56% dissented. why the negative change in 12 months? first of all the isis situation remains very intense and millions of refugees streaming into europe is a disgrace. none of that should have happened. president obama has no solution to the jihadist problem. secondly american workers are not making enough money to prosper. all these jobs numbers are bogus. it's not the jobs that are out there. it's how much they pay. and working people know employers have the upper hand. workers have little bargaining power in this soft economy. cbs also asked about president obama's job approval rating. had 46% approve, 47% disprove. this time last year 46% approve. 46% disapprove. obviously a change. the reason president obama is not doing worse in that category is that many americans like him personally. they feel he is trying and some of his policies, as you know, are pleasing to the left. on the right, many despise the president. but, in the middle, folks

seem to know the country is not in a good place, 65% of them do. but they are not, for some reason, holding it against president obama per se. finally, the poll asked about past presidents at this time in their terms where they were polled. george w. bush had an approval rating of 29%. 62% disapproved. bill clinton 60% approval. 3 is 1% disapprove. ronald reagan 50 officers approval, 35% disapprove. for historical purposes it is worth noting bush the younger had iraq and a faltering economy. ronald reagan had fallout from iran contra in his last year. tonight, president obama will put forth an optimistic vision, he has to. he can't tell the country the truth because that would destroy his legacy and the truth is that no matter what america faces we can overcome it. i agree with the president on that. but we have to start problem-solving, stop with all this ideology. and that's the memo. now for the top storyó tonight. more trouble for hillary clinton. in iowa, new hampshire, her

poll numbers are are bad. quinnipiac poll out today has bernie sanders up by five points in iowa. and a in new hampshire, monmouth poll has the linton by aanders beating74shcev points. 14 miss clinton under increased scrutiny by the fbi. >> fox news has report out that the fbi is expanding its investigation, looking at possible overlap between the clinton foundation, your role as secretary of state and whether there is public corruption involved. what is your comment on that? is that story true? >> absolutely not. it's an unsourced, irresponsible, you know, claim that has no basis and it is something that really is without merit and should not have any influence

whatsoever in this nominating process. >> wishful thinking by hillary clinton. she doesn't know what the fbi is investigating. later in this broadcast is it legal will analyze what this is all about. now, mrs. clinton is also under scrutiny from her own, the left. >> do you believe building a wall -- what's the distance between -- difference between you building and wall and donald trump building a wall mexico. >> i know everybody i know of in the and it use to do be republicans, too as you know, jorge who favored immigration reform also favored border security. >> you want a wall then. >> no. >> you said that. >> well, i voted for border security, and some of it was a fence. >> she wants a fence, not a all in all not a happy new year for mrs. clinton so far. joining us from boston mary anne marsh a democrat and here in new york city andrea tantaros host of outnourished.

do you believe bernie will beat hillary clinton in iowa and new hampshire. >> he has a very good chance. >> no, no. >> i think he will beat her in newv1/4 hampshire. iowa, i don't know. but she is really on the ropes in iowa. she will do much better if she is able to move into the south. she needs to in iowa and new hampshire. if she does not. >> no way she wins new hampshire. >> i don't think so either. >> no way. but if she doesn't win iowa, bill. big trouble for her. >> what do you say, marianne, you are the democrat up there in new england. is she going to lose in new hampshire? >> very tough race. i mean, the fox poll came out on friday night. she was down 13 points. and moments later she took on bernie sanders on guns, put an ad up. that told you everything. that's a lot of coverage -- a lot of territory to come up on with 30 days to go. if she can can you tell it to 8 and so points. if she comes to 3 to 5. if she has the best organization up there, she wins. if she has the best organization in iowa she wins. that's the key here. she is close in both of them. not so close in new hampshire. that's always been a dogfight. if she can keep it close in

iowa and she has the better organization she win those caucuses. she has to can you tell 8ápj to 10 points of him. >> catherine herridge is a very good reporter. catherine would not go on the air if sh#j was not told by three sources yes, anonymous and we do not like to use anonymous here but we understand in this case that they have to be because nobody in the fbi is going to talk about an investigation publicly or they get fired. catherine herridge goes on and is says look, 150 expanded from the emails to the clinton foundation, marianne. this overridesiãorganization. it overrides blather, blah blah blah, bernie did this, no, i didn't, yes, i did. this then brings in a very serious criminal investigative profile to both iowa and new hampshire. and that is going to influence both races. if she's cleared before that, then everything goes back to normal. but if she isn't, that hangs over her. am i wrong?

so any story, that or any other that dominates the coverage of her campaign hurts. she also has to perform well every single day tore for the next 30 days and best organization all three. bill, when her campaign turned is because she performed well and she got through the benghazi hearings with flying colors, and it put it behind her. now some of these issues are coming back again, not a surprise i don't think it's a coin dense and she has to do all three. >> it's new stuff. >> i hear you, bill. unfortunately the damage. andrea. >> we know. >> wait, wait. >> we know she has lost primaries before. she only won new hampshire because she teared up last time. >> in both iowa and new hampshire, the vote is dominated by very extreme people. >> that's right. >> both on the right and the left. >> yeah. >> they are extremes, okay. the moderate people in new hampshire they can vote anywhere they want, all right. it's not they have to vote republican or they have to vote democrat. >> um-huh. >> so a guy like bernie

sanders who is really nutty extreme left, all right, he has a constituency in both iowa and new hampshire. he will not have in places like california or texas or florida or ohio. bernie doesn't have a chance in hell. but he can damage hillary clinton badly if he wins both races. >> hey÷ can bruise them. his base is activated and he can't pull the south that's why she has got to get through iowa and new hampshire. she is already spinning her campaign. two of the three things aren't coming to play and that's what marianne says she needs one. that story about the fbi is clouding her and she is not performing well. she is a bad candidate. and she is stuck in the 90's and her and her husband aren't working together like they use to do. >> you just said hillary clinton has to perform well every day, marianne. i want you to comment on this tape. roll it. >> do you believe that white terrorism and extremism is a threat to some in this country as something like isis? >> you know, i think that we have all kinds of threats in

our country. and i wouldn't discount any of them. i think we have to take them all seriously. >> i mean, that's just blather, marianne. blather. if she is going to equate so-called white terrorism with isis and she is not going to say no, i'm sorry, sir, isis is a much bigger threat than any kind of white terrorism you are going to come up with, that's just embarrassing, marianne, it's embarrassing. >> look, she could have handled that better and that's exactly my point. >> thank you. >> she has to perform better. she has to have a great campaign. if she can't let everything else overwhelm her. she controls two of the three. you control your performance and you can build your organization. and the third one she has to keep swatting back those stories that's unfortunate >> i know you know all these people personally. why don't you with all due respect tell her from me bill is looking out for you,

mrs. clinton, because he looks out for everybody, all right? >> i think she hears you tonight. >> just answer the question in a rational manner and stop b.s.ing, all right? because it tees off everybody. >> he is a much better candidate that's for sure. >> ladies, quick footnote. watching the story of 10 american sailors picked up by the iranians today in the gulf. bret baier is our go-to guy on this. he is going to join us later on. we are on it next on the rundown, parliament may ban donald trump from traveling to great britain because of his opinion on muslim immigration in the u.s.a. what happened to free speech? later the collapse of discipline in some public schools. now you can sell drugs, beat up teachers without even getting suspended. those reports after these messages.

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impact segment tonight, banning donald trump, early next week parliament will actually debate a measure that would bar mr. trump from entering great britain where he has a number of hotels and golf courses. this, in part, because he saibkop if elected president he would stop muslims from entering the u.s.a. until a system of security could be developed. a petition handing almost 600,000 signatures to ban mr. trump. joining us now from london fox news senior foreign affairs greg palkot and suzanne pelley who began the. you are a journalist. you write for a paper up there in scotland? >> absolutely. i write for online newspaper called the aberdeen voice. i'm volunteer unpaid journalist. >> you are unpaid volunteer journalist. so you don't like trump. you know, there is environmental stuff surrounding some of his golf

courses. he said stuff about mexicans you didn't like and stuff about muslims that you didn't like. all right. i want to get everybody knowing where your point of view is. but what, miss kelly, what about freedom of speech? isn't he entitle to do his opinion? >> everyone's entitled to their opinion but free speech is not the same thing as hate speech. in the u.k. we have a public order, and if somebody is deliberately trying to stir up racial hatred or create racial tensions it's actually an offense here. our home secretary can ban people from the kingdom if she wishes to. we have a system whereby i can use my free speech to invoke the petition system here and say i(r think this should happen. >> absolutely. you use the system legitimately. you got the signatures. i'm going to challenge the hate speech. if you look at trump's comments on mexicans and muslims. i disagree with those comments by the way. >> i'm sure you do. >> i have told him to his face that i don't believe that's good policy. it's not good policy. however, we have a big

problem in the united states with mexicans coming through our southern border, helped by the mexican government, which looks the other way while these people smugglers, and drug smugglers do their dirty deeds down there. that was the context of mr. trump's remarks on mexicans. and obviously you know with the refugee problem in europe the trouble that's causing and that's the context of trump's comments on the syrian refugees, the muslim refugees. so, the comments are not there by trump to promote hate. it's his policy that he is trying to get out o. do you understand that? >> i would like you to understand some of his other comments. he said that the relatives of anybody involved in terrorism should be taken out. i assume he is not talking about dinner and a show. he is not talking about trials, investigations he is saying take them out. >> that's policy. >> this is policy who somebody wants to be

president of your country. doesn't that scare you. >> miss kelly, our present president mr. obama takes out family of terrorists by dropping drones on them. i'm sure you are awa2m;x t that. >>!t indeed. and -- >> you may not agree with it but you can't -- you shouldn't, in my opinion, ban people. in fact, you should want trump to come to aberdeen and have an interview with him. right? >> well, i would love to speak to his had spokes people but i keep challenging him to debate and none of them are willing to do this. aside from the comment i just mentioned, donald trump has said an outrageous number of other things based on his, to me, complete zen phobia. >> that's your opinion there are millions of other people who agree we need a hard-edged person who put an end to the chaos that we are seeing. >> he keeps saying strong. i think he is confusing

strong and smart with being basically manipulative. >> but that's your opinion. you don't ban people because you disagree with their opinion. but, miss kelly, we appreciate you coming on tonight. let's bring in greg palkot. any chance of this ban trump measure passing parliament? >> i don't think so, bill. speaking with my political contacts throughout london tonight. and as they say even though people are upset here about what donald trump has to say that he will not get banned by this committee of parliament that will be meeting. there is a precedent for this happening, however and what probably has donald trump's office a little bit concerned if americans are found violating hate speech or provocative speech, whatever, they have been blocked in the past. the fighter are mike tyson was blocked. the radio host, mike savage as well as terry jones, the

preacher. the question is, is what he has been saying classified as hate speech and, again, my contacts say it won't be classified as hate speech. >> i hope not. >> because they have this system. >> if that ever happened, because, look, i know trump as well as anybody knows trump. and as i said to miss kelly, i disagree with some of his policy pronouncements,kñ you don't alienate the muslim world if you want the muslim world to help you fight isis. i don't think that's good policy. the mexican thing he didn't explain it well. he was talking about the mexican government's corruption and collusion with people smugglers. evidence should have made that quite clear even so these are his opinion. if great britain is going to say we don't want certain opinions and what is going on with radical immans. they are all over the place stoking up hate. are they deporting these people, greg? >> they have to go through this because they have a system, bill, a system where if anybody brings up signature temperatures in a petition form.

>> they have to do it? >> they have to go through a point to clarify, it's not going to go to the house of commons. they have a secondary debate chamber where you have a quorum of three members of parliament that will show up. they will do this. there isn't necessarily a binding vote or not, and then it gets thrown to the version of the department of justice here in the u.k. the interior ministry and home office and they have to make a decision. and the folks above them are of the samic as the republican party. >> sounds like a bureaucracy problem just like we have. i'm going to predict now that trump is not going to be banned and be able to play his little golf up in scotland if he wants to. >> that's what i'm hearing too, bill. >> thank you. directly ahead, what's the true story? the true story about the philadelphia guy who shot the police officer last week? is he a jihadist? a follower of isis or not? and, later, would you believe that some american high schools allow brawls,

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factor follow-up segment tonight. you may remember the video of the an armed man shooting jesse hartnett survived and actually shot his assailant. the suspect archer says shot the policeman in the name of islam. but the mayor of philadelphia doesn't believe that. >> in no way, shape, or form does anyone in this room believe that islam or the teaching of islam have anything to do with what you have seen on that screen. this is a criminal with a stolen gun who tried to kill one of our officers has nothing to do with being a muslim or following the

islamic faith. >> joining us now from philadelphia chris, radio talk who show host. let's walk throughen this guy archer. he is a muslim, correct? >> correct. >> he says so; his mother says so, and he attends a mosque in philadelphia and the imam of the mosque first lied to the police about knowing archer and after the police came back said yes, do i know him. is that all correct? >> that's the strangest component of the story to me. otherwise, the confession of edward archer was straightforward. he did it and he did it to pledge allegiance to isis. he said that quran is crossways with police work in philadelphia and elsewhere. he said islam motivated him to do it. and the officer said in that press conference with the mayor moments prior to him making those comments that you just played that that's, in fact, why he did it the imam initially said he didn't know him. we later learned a day later that the imam says i know

him. it turns out i know him well but i knew him by his given muslim name not archer. >> why would the mayor of philadelphia come out if a man said yeah, i shot the officer, tried to kill him in the name of islam, why we come out and say this has nothing to do with islam? why would the mayor do that? >> i think first and foremost, bill, if i can be completely candid. it's obviously politics. philadelphia is hosting the democrats' convention coming up this summer. is he a brand newly elected mayor. week one in office. this is a guy who subject i know very close to your heart made philadelphia sanctuary city on day one. his priorities are very leftist leaning ageneral can agenda, chris, if he is this stupid it's shocking. he has to know the fbi is looking at this archer's computer, just as they did out in san bernardino. they are going to find out whether archer haddics tensive contacts with jihadists, all that has not

been released. this mayor is putting himself out. hey, nothing to do with this. tomorrow or the next day the mayor can look like an idiot. he is not covering himself at all. >> arguably he already does and that's why he has gone radio silent, bill. we haven't heard a word from him since that friday press conference. >> so you believe that the guy made a mistake and now he knows he madea mistake. the only thing in the mayor's favor is that this guy archer has a long rap sheet. he's a thug. there is a lot of gun-related stuff. of course, the authorities in pennsylvania didn't put him away as they should have. but he has got seven or eight things on his sheet. so, it's not like this guy just came out of the -- law abiding and then went over to isis. this is a criminal. >> that is true. i mean, ironically this crime happened on the eve, two hours, maybe, after the president's town hall on guns and now we find out edward archer had a stolen4;z'c@ police gun he use to do fire on officer hartnett. beyond that important to

note, traveled and made two different travels one to saudi arabia and much longer trip to egypt in 2011 and 2012 where a number of people including family members believed he became radicalized. >> this is going to be a real embarrassment for that mayor and the city of philadelphia if the fbi comes out and says you know what this guy was plotting all kinds of stuff and a he has contacts with isis. we will stay on the story and we appreciate it it, chris. thank you very much. plenty more as the factor moves along this evening. lawsuit filed by muslims who don't like being watched. you won't believe it. high school students doing all kinds of terrible stuff in the classroom not being punished. we hope you stay tuned to those reports. elief to your tough cold symptoms. and they outsell mucinex liquid gels 2 to 1. alka seltzer plus liquid gels.

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(dad) it may be quite a while before he's ready, but our subaru legacy will be waiting for him. (vo) the longest-lasting midsize sedan in its class. the twenty-sixteen subaru legacy. it's not just a sedan. it's a subaru. personal story segment tonight, the decline of discipline in some american high schools. here in new york city you can be found with drugs in the school. not be suspended. can you threaten a teacher or security guard, not be suspended. you can can even get into a physical altercation and little will happen to you. for example, at the high school complex in the bronx, poor area, student reportedly found with seven bags of marijuana, that means that student is a dealer. he was handed a warning card that said, quote: please bring this card home to your parents so you can discuss the matter with them, unquote. i'm sure the dope dealer just ran right home and discussed it with his

parents. if he even had parents. also the high school did not identify the dealer student to the cops. didn't tell them. joining us now from washington, katie pavlich and from charleston, south carolina kennedy who has her own program on the fox business network. the uber liberal new york authority. school authorities, kennedy, believe suspending students have s. not justified for what they find is minor drug offenses. you say? >> i say this is a centralization of discipline which is as bad as centralization of curriculum. and one size fits all discipline is bad news for students, especially students who are good kids. and the biggest concern you have as parents, when you send your child to school is that they have a lot of learning, that they actually learned something, it's a productive time. but paramount to that is their personal safety. if you have kids who are not

being held accountable for things like assault, it's got to give people pause and that's. >> in the school. i feel this katie is biased against the poor. that's what this is. this would never happen in the white collar schools. all right, where i live,r= seven bags of marijuana, you get a car, discuss it with your parents, enough. this is we don't care about these kids in the bronx. we don't care about these kids in south central los angeles. we don't care. so we're not going to get involved with them because they're beyond hope. that's what this is, katie. >> this is also teacher's union being lazy when it comes to actually having to do things to discipline students where putting other students in harm. as kennedy said classrooms, school is supposed to be a learning and safe environment. and when they're tolerating criminal behavior inside of schools, where your children are going, and this is

happening across the country, then your child is at risk and not in a learning environment they are promised by the teacher's union. let's not forget these are the same people who claim that they are standing up for the kids and they are absolutely not. and to further, this is really rules of engagement for discipline. they are asking for intervention of a higher power, whether it's some advocacy group in new york city or it's the department of education to come in and decide after a situation has5e/ñ occurred what the proper discipline is which means there will be none. >> there are also politics here in new york as mayor de blasio the uber left wing guy wants to bring the rate of suspensions down in the poor neighborhoodsh so he can say oh, we're improving things there. so we're not going to suspend anybody. there is the attorney general of the united states, eric holder, kennedy, who said, hey, if you suspend these kids or expel them, then they are can't do that that's in play as well with.

>> yeah, you're absolutely right. unfortunately like i said good kids are beholden to progressive politics in this city. and that's really the worst thing that you can do for them. when principals are not allow to do suspend students, when they have to go through the department of education, if you have a 12-year-old who commits assault, he can't be handcuffed until the chancellor of schools pretty much personally gets involved. >> people don't understand that in new york and los angeles, principals now can't suspend in many places. without going to the school board kid gets away with whatever it is. the next day the kid is in the classroom after telling the teacher to f you. >> kids know this. >> the whole school knows it. it's anarchy. last word, katie. >> people need to understand and progressives need to understand their utopia of thisx& idea taking away discipline helps minorities

succeed is completely bogus. discipline helps everyone to succeed and taking challenges away from people, especially teenagers who are committing crimes in school who are being unruly who need discipline because they are not getting it at home, this does them a huge disservice and it will effect them for life. >> and they wonder why there is white flight, middle class flight out of these neighborhoods. you go in, nobody can afford private school will send their kids to these schools. nobody. ladies, thank you. we come right back, new york city settles a lawsuit filed by muslims who don't want to be watched. wait until you hear this. also details on the fbi investigating hillary clinton for possible corruption in the clinton foundation. legal is next. ngz÷

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in your body. tell your doctor if you are pregnant, plan on becoming pregnant, or are nursing. the most common side effects are nausea and an increase in liver enzymes. if you think you have ibs with diarrhea, talk to your doctor about new xifaxan. thanks for staying with us, i'm bill o'reilly in the is it legal seeing is many tonight. two hot topics beginning with the fbi expanding investigation into the hillary clinton secretary of state tenure. here now kimberly guilfoyle and lis wiehl. we are going to assume that catherine herridge a very good correspondent for fox news is correct in reporting. the fbi is not only fracas but expanded into the

clinton foundation in what way? >> they are looking to see whether large corporations like boeing and chevron during her tenure as secretary of state were donating money into the clinton foundation, basically for a quid pro quo. we will donate this money then you will do things for us with your policies. and there were 60 companies, prescribery is what we are talking about. public corruption. the actual charges. 60 companies lob idea the state department while she was there and donated $26 million to the foundation. >> all u.s. companies or some foreign? >> canadian companies as well. what that has to do the prosecutor 150 agents plus prosecutors would have to create a time line. you will never find an email that says you do this then i will pay you back. >> there san act. the hobbes act. >> also illegal to do this kind of traction through third party as well. the law will not look the other way. >> what's the hobz act. >> 1946 act that was set up to keep track of racketeering. put react react(] racketeers

away. >> if you are a public official and then you have an entity, a charitable foundation, or a bank account in the caymans or whatever and money flows into the foundation or the caymans, and then six months later you do something for donator, you can be prosecuted by the hobbes act? >> you can this is very significant. these are two serious tracts of the investigation going on. of the second one we just reported which, of course, carries a substantial penalty. can you be getting it 0 years. do i think ultimately they are going to do this? no, on the merits on the legal charges of both of these what we could be looking at potential serious situation to be indicted but because of the political. >> i know you feel that wait a minute the fbi doesn't waste time like this. okay? there is a lot of resources going into this. i'm not going to say i don't

know what they are going to do. i think it will be be a clean investigation. >> i think it will be clean. >> by the fbi. the justice. >> it doesn't matter. this country, believe me, if the fbi comes out and says there is enough evidence to indict and they don't indict. >> better do it. >> impeachment and everything else. it will go crazy. >> listen to her defense as well. >> that was a mistake by hillary clinton last night. we did it earlier. with marsh andl tantaros. you can tell how upset she is. she is upset this stuff is out. let's go to the muslims in new york. after 9/11 nypd surveilled radical islamic mosques, okay? and the aclu jumped on that right away. got a bunch of muslims together to sue the city of new york for, what guilfoyle? >> basically hey said this was profiling. >> profiling? >> you can't have these secret surveillance groups that it is essentially now the settlement says that you cannot do.

this nypd we have found wrongdoing but no monetary settlement, financial gain has been given to these groups. they said merely you are going to pay our attorney fees, the aclu and the city settled this. >> come to an agreement. >> and bloomberg or giuliani were the mayor they never would have settled it. >> but de blasio. >> very important to note though the nypd said we did nothing wrong here. >> there is no admission of wrong-doing but the city still spent 1.6 million. >> for attorney fees. >> to the aclu. they are the winners. >> they're the winners. >> in a time of heightened terror concern. >> you can't look at them. >> you are basically handcuffing the police department, preventing them from doing what they're lawfully entitled to do under the u.s. constitution. >> it's outrageous. >> and fine people who bring these cases. >> and brought people to conviction. >> of course. >> 2008. >> if you have a radical mosque. some imam saying we want to blow all the infidels and

put all the under covers in there. >> appoint a civilian monitor that he chooses to oversee this so there is no more bad behavior. >> we are handcuffing them. >> is that a pun? we're handcuffing them? very good. excellent. on deck, bret baier on the 10 u.s. sailors picked up by the iranians today. interesting story. it's unfolding. want to get the very latest for you. also, what can you possibly gain by watching president obama's last state of the union address? bret will tell us in a moment. then he flipped, and worked with liberal chuck schumer to co-author the path to citizenship bill. he threatened to vote against it. and then voted for it. he supported his own dream act and then he abandoned it. marco rubio. just another washington politician you can't trust. jeb bush. he's a leader, so you always know where he stands. right to rise usa is responsible for the content of this message.

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back of the book segment tonight, the state of the union address, the final time president obama will go through the ritual. it will take place on capitol hill in just a few moments. here now to tee it up anchor

of "special report" bret baier will be watching from washington. before i get to that what's the latest on the iranian boat deal, they seized 10 u.s. sailors earlier today. where is it now? >> well, these 10 u.s. navy sailors, bill are in iranian custody. the u.s. has talked to iranian officials. secretary kerry talking to his counterpart saying they will be released propghtly. that does not happen immediately. >> no. >> they say it's not going to happen overnight. they are still in custody. the newest about the speech is that the communications director at the white house says the presi

they could have fixed the boat and let them go. of course not. we don't see danger right at this point. >> i don't think so. they are staying they are going to release them promptly. we don't know the full details about these marine vessels, the u.s. vessels that apparently broke down but they were near this island farsi which technically is iranian waters. it's nine men and one woman u.s. sailors in custody and the iranians obviously have done some things recently, bill, that have been provocative. just the day after christmas, they fired unguided missiles near the uss truman. they launched ballistic missiles testing in november and december. of course you have all of the questions about supporting terrorism. so in that broad context, this obviously is a big deal. >> plus they have four americans in jail there they won't let go which kerry should have got out before he signed anything. all right, look, i got in advance and i'm sure did you too because you are more

important than i am they give you the advance first and then to me the state of the union. it's just kum ba yah, general, we come together for the children and we should put aside our differences and ahhhh, i guess i get paid to watch it, right? this is overtime. >> well, listen, first of all, here is one reason to watch it, it's going to be shorter this year. [ laughter ] >> we'll have expanded coverage afterwards. >> going to be shorter. let's watch it then. but, listen, the president is going to lay out some markers for his party for what he says the optimism people are overlooking especially in the republican party according to him. you know, i think he is not going to do the laundry list of things to get accomplished because!q he really can't. >> he can't. he is not going to accomplish much. there he is. he sees that 65% of the american people thinks the country is going the wrong way. he will tell them hey you are missing the big picture. president obama know.

okay. when you analyze his speech, it is difficult because you don't want to pile on the man. i just don't want to pile on the man. you know? so i'm going to do it tomorrow. i will be on cbs morning news, all that i don't want to pile on. i you think it'sñ[7c%n obvioue country is not in a good place. we appreciate you taking the time to be with us tonight. a few moats before we go to the state of the union. here is the good thing bret will be right back. i throw it and then we go to a little am nation and he comes right back. that's the magic of television. i'm tweeting these days at o'reilly factor. @ o'reilly factor. i will tweet about what i think of the state of the union, which won't be much because i already saw it and it isn't much. tomorrow morning i will be on the cbs morning news and i will tell those people it isn't much. that's shortly after 8:00 a.m. then i will be on "fox & friends" at 8:4 5 and i will tell them it isn't much.

so, i will have to come up with a little bit more than that. and elvis presley in honor of his birthday. more madness on college campuses. that's it for tonight. thanks again for watching. here is the state of the union. this is a fox news alert. i'm bret baier in washington. you are looking live at the house chamber in the u.s. capitol where tonight we will hear the final state of the union address from president obama. it's the 95th in person state of the union address by a president. the first delivered by george washington is only believe to do have lasted about five to seven minutes. this one, we're told, will probably be president obama's shortest address. leading up to the speech tonight, the middle east is, again, the story. 10 u.s. navy sailors are being hailed by -- held by iran's heavy lucienary guard at this hour after their boats vosed into vaughnian waters. held on the island of