the people of iowa would like to see you in that debate on thursday night. i urge you to reconsider. fox's door, wide open. we'll see you back here tomorrow night from iowa. thanks for being with us. p.m. . good night from washington. u the o'reilly factor from l.a. is on. tonight. >> ted cruz lies. is he a liar. that's why nobody likes him. >> how is senatorjqg 6ñqn of with thatfe inventriclive. getting very personal with cruz and trump. the senator will be here tonight. >> i have heard from people my age who think you are dishonest. >> hillary clinton apparently having trouble attracting the support of youngere6eórá voters but why? he we will tell. >> you if process and we are able to obtain intact fetal cadavers, then we can make it part of the budget. undercover people who embarrassed planned parenthood are charged with crimes thenselves in texas.

is it legal on the case. >> caution. you are about towraslgi enter te no spin zone. from southern.3wmç california. factor begins right now. ♪ ♪/q@xñ»e3 hi, i'm bill7pbaaz . reporting)$=4> tonight from los angeles. thank you for watching us. the factor's coverage of the presidential election, that is the subject of this evening's talking points memo. people are coming up who me in southern california asking who do;yñ1> i think will win the republicanw9ay3mx nomination? there is incredible interest in thisppaoñ election process, everybody is talking about it i always say the same thing, i don't know who is going to any candidate publicly and iaxñ don't root for anyone. sometimes are people are disappointed when they hear that i can't cover the electionügçfr somebody.r

candidates to all t candidates. and question the person who wantsk today there is new polling i'm going to summarize it for you. nationally donald trump has a big lead in the republican sweepstakes abouth/÷w(e÷w 41% according ted cruz second, marco rubio third and at this point thoses# the best chance for the republican nomination. in iowa, it's a brawl between trump and cruz, anything could happen there. new hampshire, trump is likely to win? carolina trump ahead. polls change quickly. in iowa,han3h voters still say they couldxvhe change their minds

>> this is the problem with american journalism today, there are no standards anymore, each individual is what is what. and i think it is up to you to decide who is looking out for you. now, top story tonight, we're pleased to have senator ted cruz joining from yous iowa. let's start with the new york values deal. do you think that was a mistake on your part? to define trump that way? >> not remotely. the interesting thing, bill, is the term new york values didn't

come from me. it came from donald. he did a long interview with tim russert, explaining he is very, very pro-choice and supports partial birth abortion. he says, look, i've lived my life in new york. it's not the same as if i lived in iowa. iowa values are different. here in iowa. people know what is meant by new york values. >> here is the problem. here is the problem. when you do that at the debate, you gave him on opportunity to look like a statesman because you brought up september 11th and the courageous actions of new yorkers during that time. after the debate his poll numbers went up. it seems to me that you're trying to make a point based upon a fairly old definition of

where he stood on issues and that helped him. would i be wrong? >> you would be wrong, bill. if you want to look at what new york values are, you can look at positions that are current. right now, today, donald trump supports taxpayers funding planned parenthood. he supports using eminent domain to condemn private property to give it to giant corporations. i note donald trump supported barack obama's big bailout of wall street. and he supported the obama stimulus. now, listen, that he's entitled to have those positions. and i think we're bankrupting this country. those views and values are different from views and values here in iowa. >> don't you think, though, the reason trump has been successful

isn't policy, all right? it's attitude. his attitude is washington is corrupt, broken. they're all losers and i can fix it. so policy, i know what you're doing. and it would work, i think it might work in iowa but i don't know if it will work nationally. he's running on attitude, not policy. now, very questions about your attitude. you and mike lee, the senator from utah are considered the most-conservative senators sitting today. and, i am wondering if you do secure the republican nomination, how you're going to be able to persuade independents, moderate republicans, even moderate democrats to vote for you with that kind of conservative record. >> well, i'll tell you, bill. you look at the past several elections and republicans keep nominating moderate republicans and getting clobbered in the general election. we saw that with bob dole and john mccain and mitt romney.

it doesn't work. millions of conservatives stay home. i believe the way we win is i think 2016 will be like 1980. that we're going to win by painting in bold colors not pale pastels and energizing millions of conservatives that stayed home and millions of reagan democrats. you know, at almost every event i have people saying i'm a democrat, i've been a democrat my whole life. i'm with you now. the core of our base are the reagan democrats, the working class, union members. the truck drivers and the mechanics and the steel workers and the working men and women who have gotten hammered over the last seven years over the obama, clinton economy and looking for someone to stand with the working men and women in this country. that is what i've done every day in public office.

>> you, to your credit in some peoples' eyes don't waiver. you're not a big compromiser. there are a lot of republicans in the senate that don't like you because of that. you're considered a bomb thrower, someone you can't do business with. on the other hand that is attractive to the conservative base that doesn't want, as you pointed out a pastel milk toast. i think mccain and romney lost because he didn't bring the fight to president obama. there is a minority coalition that is going to be a line against you, senator. okay? they're going to try. >> they're going to try. right? when i ran for senate in texas in 2012, i got 40% of the hispanic vote in the state of texas at the time mitt romney was getting clobbered with just 27% of the hispanic vote

nationwide. i ran opposed to amnesty, fighting to secure the borders but also, ran fighting for millions of working men and women that want to achieve the american dream. my dad came from cuba in 1957. he was just 18. he had $100 in his under wear, washed dishes making $0.50 an hour, that is the story of all of us. what we've seen under barack obama and hillary clinton is the power of washington. the rich and powerful have gotten richer. the top 1% today earn a higher share of the economy than any year since 1928. >> you're starting to sound like bernie sanders. >> you know what? bernie, at least is willing to stand up to the corruption of the democratic party. he's halfway there. >> i will say more than 50% of the way there. >> look. the problem you're going to have if you get the nomination is the middle. barry goldwater got trounced

because he ran as a conservative. you know, demographics are changing. we're not going to go back on gay marriage and a lot of these things. they work against you. in the general election. so it will be very fascinating to see if you do win the nomination, how you can persuade those people to vote for you. last word. >> bill, i point out polling numbers are contrary to what you're saying. i'm beating hillary clinton now and donald trump is losing to her. the iowa caucuses are in a dead heat against me and donald trump. we're running a grass roots campaign. by monday, we'll have done what is called a full grass root, been to all 99 counties answering questions from the men and women of iowa they don't want campaign rhetoric. they want someone with a record

of fighting for the constitution, leading the fight against obamacare. you know, donald trump favors bernie sanders style socialized medicine. >> i'm going to ask you about that. >> i'm going to repeal every word of it. >> i'm going to ask him about his health care vision. senator, we wish you good luck as we wish all candidates and we'll see you down the road, okay? >> very good. thank you, bill, god bless. >> next on the run down, tough question for hillary clinton from a young american. we'll play it for you. then, later, under cover activists that embarrassed planned parenthood are charged with crimes themselves. the factor is coming back from los angeles. ahh... yeah! ahh...

you probably say it a million times a day. ahh... ahh! ahh... ahh! but at cigna, we want to help everyone say it once a year. say "ahh". >>ahh... cigna medical plans cover one hundred percent of your in-network annual checkup. so america, let's go. know. ahh! and take control of your health. cigna. together, all the way. he was thinking about hishinking joints.ancing. but now he's taking osteo bi-flex, and noticing a real difference in his joint comfort.

the feeling originates in this area... spreads throughout the body... to here, inducing hilariously high levels of embarrassment in his son. he knows it's working by that look of abject humiliation on his son's face. you were made to dance, phil. so dance. shows improved joint comfort in just 7 days. osteo bi-flex. made to move. wthat you can book on our apps to make sure your little animal,

enjoys her first trip to the kingdom. expedia, technology connecting you to what matters. frequent heartburn brand in america. i hope you like it spicy! get complete protection with the purple pill. the new leader in frequent heartburn. that's nexium level protection. 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?

campaign 2016 segment tonight. a town hall in iowa last night. a young american asked hillary clinton this question. >> i've heard from quite a few people my age that they think you are dishonest. but i would like to hear from you, on why you feel the enthusiasm isn't there. >> i've been around a long time. people have thrown all kinds of things at me. and, you know, i can't keep up with it. i just keep going forward. >> obviously mrs. clinton did not answer the question. probably a smart move on her part. joining us from boston, democrat mary ann marsh and with us from outnumbered andrea tan taken rose. i say smart move on her part you can never disprove a negative. someone attacks you or says you are dishonest or says anything about you then you immediately go on the defensive and you look small. i don't think the kid intended that. i think the kid was sincere going why do you think there is a trust deficit. but as a seasoned politician, mrs. clinton was fairly wise not to answer it. do you agree? >> yeah.

but she didn't help herself, bill. because she changed her response on the email question last night by, again, saying that she did nothing wrong. this is after she conceded that she supposedly made a mistake. it was a whoopsie daisy and president obama said the same thing. he had had her back on that. now she says she did nothing wrong. and then, when she is losing millennials in a major way. she has one standing righthr h%ñ finger. you didn't play this part. she i have been doing this long before you were around little boy. the whole presence of her campaign is she in front of audiences saying she is america's grandmother. she says it in spanish. really she can't connect with young people and she only made it worse last night by those two things that she did. >> how did you see it mary ann. >> she handled it well. she knows she doesn't have all the youth vote. much of is for bernie sanders. she is playing for november now. if i can't have your support now i want you in november. and she knows the more she

is attacked the better -- the more her poll numbers go up. we have seen it time and time again. in impeachment. the new york senate race. the benghazi committee hearings. she took that chance when that young man and youth have a choice in november. look, when they attack me, they have done so unfairly and unsuccessfully and i'm still standing. she is banking she is the nominee. >> her poll numbers on character, trust, are abysmal. i have never seen a terrible candidate with such terrible poll numbers. americans do not trust her. they don't. >> her favorability rating, believe it or not, is 8 points better than donald early than that it comes down to being a choice. >> this is the average, bill. this is is the average of all the good polls. >> all right. >> bill, you look at the quinnipiac poll, the number one word that voters associate with hillary clinton is liar. this

heard about all these new fbi revelations which, by the way. this is not a republican conspiracy. this is not the vast right wing fbi. i mean, vast left wing bureau of investigation doesn't work. she is in serious trouble. i have the codes right in front of me. she said last night i did nothing wrong. i have a list, 1519, 192, 3101. she is in real serious trouble with the law. >> we will see. the indictment, if the fbi has to complete its investigation in the next two or three months and going to have to tell the public what they found out. it can't not do that. so, you know, we have tohvwjyçç wait. last question, mary ann, i think that hillary clinton right now is not a good candidate. i mean, she is not able to persuade people who have questions about her. put their fears to rest. do you agree with that? i mean, people who are skeptical of her, it doesn't seem like she has enough to win them over. >> we have talked the last few weeks here that she need

to do perform better. and you have seen in the last 24 or 48 hours she is starting to do that. she picked up a couple of endorsements. that performance last night on the cnn town hall was the best performance in months. i think. >> there was no challenge your mom was interviewing you. come on. >> my mother would have been harder, okay? but the reality is her performance has improved. and she has got to go -- there is a a new debate in new hampshire, she has to do that. she has to go on the offense. mary anne, i have got to go. but the new debate in new hampshire is being moderated by rachel maddow. why don't you bring hillary clinton's mom is in. it's ridiculous. >> she would like that. she references her a lot. >> i mean, come on. okay. çk@ ernie has some siblings we can bring in and interview him. it's insane. >> all right. ladies, thank you very much. shocking investigation from the associated press.

illegal ail children being sent to american homes where abuse is taking place allegedly. then gutfeld and mcguirk on the oscar boycott. those reports after these messages. >> the fox news, google g.o.p. debate. >> iowa is about to vote. >> new hampshire is about to vote. >> this is a critical time. >> the candidates need to make their case. >> they need to rest signature nate with voters. >> this is their chance. >> we willv=ñ4 balanced. >> but we are not pulling any punches. >> our job is to get america's questions answered. >> to get people the fact they need. >> we are going to do our job. >> this is a debate you need to see. >> this is an important night. >> we can't wait to get started. >> don't miss the fox >> don't miss the fox news/google g.o.p. e*trade is all about seizing opportunity. so i'm going to take this opportunity to go off script. so if i wanna go to jersey and check out shotsy tuccerelli's portfolio, what's it to you? or i'm a scottish mason whose assets are made of stone like me heart. papa! you're no son of mine!

or perhaps it's time to seize the day. don't just see opportunity, seize it! (applause) seize it! you know the symptoms when they start. abdominal pain. urgent diarrhea. now there's prescription xifaxan. xifaxan is a new ibs-d treatment that helps relieve your diarrhea and abdominal pain symptoms. and xifaxan works differently. it's a prescription antibiotic that acts mainly in the digestive tract. do not use xifaxan if you have a history of sensitivity to rifaximin, rifamycin antibiotic agents, or any components of xifaxan. tell your doctor right away if your diarrhea worsens while taking xifaxan, as this may be a sign of a serious or even fatal condition. tell your doctor if you have liver disease or are taking other medications, because these may increase the amount of xifaxan 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.

and in the impact segment tonight, the unintended consequences of america's failure on the southern border. since october of 2013, more than 89,000 illegal alien minors, children, have been placed in homes across the u.s.a. the associated press has identified more than two dozen young children who have been victims of sexual abuse, labor trafficking, or neglect. apparently the government not even tracking the migrant kids, all of them. joining us now from new york city kennedy and anchor on the fox business network and from washington katie pavlich and editor at town hall.com. what do you think of this a.p. report, katie? >> well, bill, it's a horrible report. i mean, look at the details of this. details of children being trafficked, being used to work in bars. being use to do work in restaurants for a place to sleep at night. i mean, of the details of this are horrific. it's important to look at what the associated press is reporting. they say that in 2012, the health and humanuaç services, just responsible for making sure these unaccompanied minors are placed into safe

homes had a stringent process for who their guardians were, meaning fingerprinting, background checks, that sort of thing. now the associated press says that those rules are based on h.h.s. getting overwhelmed with too many migrants, minor children.8gçw3 those rules are kind of put to the side. >> they are gone. >> h.h.s. denies that. but the fact is that they have too many children who were coming into the country, still today, who deal with, and, therefore, the rules are kind of falling by the wayside according to this report. >> according to the associated press, kennedy, they don't do background checks anymore. >> yeah. >> they don't do fingerprints on the parents. they don't check passports or anything like that. they basically say here, take them. now, somebody might say and this is a legitimate question, hey, associated of press only says 24 out of 89,000, that's not a lot. remember, this is an investigative journalism agency. okay. they don't have a big data bank of where all the people are. >> no. they found that this is happening in two dozen

cases. it could be thousands of cases. >> of course it could and there were also hundreds of other kids who just went missing. there is no way of tracing them. >> yeah, where are they? >> these two dozen kids. these are the ones we know about who were forced forced ino 12, 14, 18 hours a day of labor. you saw the egg farm case in the midwest where kids were basically plucked. these people lied to social workers and told them that they were family members and then they were forced into hard labor. this is an awful situation that is compounding and getting worse and sylvia burwell, she has the gal to to -- gull before congress and ask for 400 million more dollars that is a problem bureaucracy. >> she is the chairman of the house and human services. there she is. a lot of americans are open border people. accept everybody, let everybody in here for various reasons. some are humanitarian, some want the political component of changing[bç demographics

like colorado and new mexico, whatever it might be. when you say the unintended consequences the system in america can't handle it just like we are seeing in europe. can't handle it people are getting hurt. so they come here fleeing poverty and crime in central america and they are throne throne -- thrown into chaotic system here. how is that doing any good for anybody. it doesn't. >> no, it doesn't. it's important to point out it's not only hurting people it's expensive for the american people. this program has cost a billion dollars to relocate these minors. one story not being talked about is the fact that the people claiming to be guardians are oftentimes illegal immigrants themselves. and due to an initiative that's put into place in 2013 by homeland security, called the family interest initiative, anyone who says or comes to pick up a child who is here alone after being trafficked north to states, they get to stay. and so a lot of the guardians that are pick 'ing up these kids can't be looked up because they are

here illegally as well. so this, again, has a whole another layer of unintended consequences. >> last word, kennedy, go. >> i'm one of those more open borders people as a libertarian. you have to end the entitlement state in this country as a means of enticing people to come here. but, also, you have to look at some of these kids who have braved river crossings and freezing deserts to be in this country who want to come here and work hard and they are completely taken advantage of. that is a failure of government. >> you have to do it legally. you have to do it legally. >> thanks, bill. >> thanks, bill. >> plenty more as the factor moves along this evening. shocking turn of events in texas. twofñw3 undercover charged with crimes: academy award chaos. some african-americans are boycotting the event. we hope you stay tuned to those reports.

let's celebrate these moments... this woman... this cancer patient... christine... living her life... loving her family. moments made possible in part by the breakthrough science of advanced genomic testing. after christine exhausted the standard treatment options for her disease, doctors working with the center for advanced individual medicine at cancer treatment centers of america suggested advanced genomic testing. the test results revealed a finding that led to the use of a targeted therapy that was not considered for christine before. now, they're helping fight her cancer on another,

deeper level... the genetic level. this is precision cancer treatment, an approach to care that may help patients like christine enjoy the things that matter most in their lives while undergoing treatment. the evolution of cancer care is here. that's definitely something worth celebrating. learn more about precision cancer treatment at cancercenter.com. appointments are available now. and clean and real and nowhere to be,o, and warmth and looking good, and sandwich and soup and inside jokes, and dan is back! good, clean food pairs well with anything. the clean pairings menu. 500 calories or less. at panera. food as it should be. there it is...

this is where i met your grandpa. right under this tree. ♪ (man) some things are worth holding onto. they're hugging the tree. (man) that's why we got a subaru. or was it that tree? (man) the twenty-sixteen subaru outback. love. it's what makes a subaru, a subaru. what's that, broheim?

i switched to geico and got more. more savings on car insurance? yeah bro-fessor, and more. like renters insurance. more ways to save. nice, bro-tato chip. that's not all, bro-tein shake. geico has motorcycle and rv insurance, too. oh, that's a lot more. oh yeah, i'm all about more, teddy brosevelt. geico. expect great savings and a whole lot more. personal story segment tonight, as you may remember, president obama recently did a reality show with a guy up in alaska responding it to that comedian david spade how may remember from "saturday night live" and a bunch of movies said. this. >> i criticized obama because i thought, you know, a president should have a little more dignity than -- i mean, i do realize that woodrow wilson went "dancing with the dancing with the once. what president is doing reality shows?

it sounds weird to me. it's too much. >> mr. spade is the author of a brand new book called "david spade is almost interesting" he joins us now. i read your book yesterday. it's not almost interesting but it's good. >> you struggled through it? thank you, i appreciate it. >> let's start with politics now. if you criticize president obama in this town, in l.a., maybe some people don't hire you. are you aware of that? >> i don't know if it goes that far. i do know that it is very democratic town, of course. i'm not a super political guy that was david spade political comedian one day only. i was just coming out of a bar drunk. >> but you know these things. i mean, that's what you do. >> sure. >> what i noticed is the following people are on "saturday night live," miller, victoria jackson, am dam sandler, john lots of. you know them all. all of them in recent years have i don't know more conservative and said

things. it's almost like an epidemic, it's like the swine flu. you guys have all caught. this howfkç did that happen? >> i don't know. because i'm still somewhere in the middle. i feel like i grew up in arizona and it was republican and i didn't even know it when you grow up you don't know. i got a shotgun when i was 10. i asked for a nerf. i got a deer rifle. i'm in a world where i guess it is republican but no one talks about it. >> you don't do a lot of political humor. >> and i do not. stay away from it on purpose. >> you are a friend of miller. >> yeah. >> you were very kind to miller in the book1,9t2ñ he hed you. >> he did. the factor, is this the same guy on weekend update. >> no. that's thegzçkç funny thing, people switch. i mean, they said trump switched over. i love dennis and it was a very bold move to switch over because you're -- i got so much hate off that obama thing. i was just being funny. >> how did you get hate on the internet? >> where it matters, instagram. >> instagram?

>> yeah. >> people who like obama didn't want you making fun of them? >> well, they made it -- the story when it got out and it trickled out. got so serious like a photo of me like that. it's like david spade hates -- and i was just saying he is on a reality show. is he a -- sort of a complimented. i'm saying we are idiot actors down here. >> it was very informative because i didn't know woodrow wilson appeared on nashville stars. >> that was the drunk part of it. >> when when you grew up, had you a)lksa hard upbringing. your father left the family. you didn't have any money. you had two brothers. your mom had to work but you made it i always tell people, look. this is why this big nanny state, we should really question it because it's really about you and your drive and your willing to take chances and your willing to develop the talent you were given by god. that's really what it's about. are a good example of that.

>> is that a question or should i applaud. >> if you are wise go along with it. >> i was thinking about that. i had heard that before. i think like my mom said when you are younger, you are democrat. when you are older you get republican. i don't know why you say that. you get money and in the beginning you are saying i want to help the world and then when you get older you try to think it through and say i have money, where is it going? is it going to the right places and blah blah blah. republicans get a bad rap. i don't know where i fall. i think it's hard to pick such a clear side when there is transgender now and people don't even like to say male'wçt female. >> now how the transgenders are going to go to the voting booth. special booth or go to all booths. i don't know. one final thing, i don't think a guy like you is sanders. you were poor. you made your money the hard way. you earned it and you want go to give bernie now 0% of your doe?

>> is it up to 80? >> it's up to whatever bernie wants it to be that day. >> i feel like it's high. i would rather keep it a touch under 85%. >> yeah. because you made it it? >> there is that to say and nothing against everyone else. it's a fine line. i would -- i like pieces of everybody and i don't like that piece of him. >> is that safe enough. >> the book is david spade is almost interesting. >> real fun one. coming. >> in thank you, buddy. it's nights nice to see. >> you is it legal on a stunning turn of events. the activists who embarrassed planned parenthood with undercover videos themselves charged with crimes. legal is next. i'd like to make a dep-- vo: it happens so often, you almost get used to it. we got this. vo: which is why being put first takes some getting used to. ♪ nationwide is on your side nationwide is the exclusive insurance partner of plenti.

if you have high blood pressure many cold medicines may raise your blood pressure. that's why there's coricidin® hbp. it relieves cold symptoms without raising blood pressure. so look for powerful cold medicine with a heart. coricidin® hbp. i'i like to think of myself as more of a control... enthusiast. mmm, a perfect 177-degrees. and that's why this road warrior rents from national.

i can bypass the counter and go straight to my car. and i don't have to talk to any humans, unless i want to. and i don't. and national lets me choose any car in the aisle. control. it's so, what's the word?... sexy. go national. go like a pro. it takes all kinds of jobs. and the best place to find the job that's right for you ♪ is on the world's number-one job site. indeed. how the world works.

the market.redict but through good times and bad... ...at t. rowe price... ...we've helped our investors stay confident for over 75 years. call us or your advisor. t. rowe price. invest with confidence. thanks for staying with us, i'm bill o'reilly is it legal eggment tonight. you may remember the senator for medical progress a pro-life group put together undercover sting designed to show planned parenthood executives were marketing the body parts of dead fetuses. >> you can alter if we say we need --

>> well, that rocked planned parenthood but now, two of the undercover folks involved have been charged with crimes in texas. joining us from new york city, kimberly guilfoyle, here in los'. angeles, lis wiehl. what are the charges, wiehl? >> a felony charge of using fake california ids. drivers license, specifically, to get into planned parenthood and to uncover these illegalities. really the grand jury turned everything on its head. the investigation started into planned parenthood and the grand jury indicted the other two saying the means you use to do get that information was illegal. >> let me stop you there. guilfoyle, the reason they

have this california ids and these are bogus was because planned parenthood has a bank of anti-abortion activists and they didn't -- and they would have been in the bank so that theyn we have to use these phony so planned parenthood doesn't know who they're. >> that's the rationale expose this to do investigative journalism and uncover the practice that was happening. by the way nobody is saying planned parenthood wasn't doing that they were and they subsequently changed their policies and procedures based on the fing fine work this group did to expose them for what they were doing. i don't feel this is going to go anywhere further than a grand jury indictment like we have seen. i do not believe that they have sufficient evidence to convict them of the felony or the other charges. there was no intent, specifically, to sell or procure these fetal body parts. so this is basically a witch-hunt. and very low standard to get it. >> right. beside the phony i.d., wiehl, the other charge is they were engaging in

trafficking in body parts, everybody knows that was phony. >> exactly. you can't prove the intent there. because they weren't going to buy these fetal parts i just got the phone for the center. i looked at the statute, right, affirmative defense under the statute to say the that the false document, yeah, it is is false. but it was not intend to do defraud. instead, it was intend to do uncover illegal activity. that's going to be their defense. i think it's a good one. >> i think this is the, perhaps÷= guilfoyle, i will give you the last word on it this is is the perhaps the most bogus charge i have seen in 20 years of doing this program. i think this is outrageous. i think that whoever was behind this prosecution, do we know who is behind it? is the harris county d.a. >> republican d.a. >> this is a disgrace. this is a trumped up thing and i thinktx it's going to get thrown out. last word, guilfoyle. >> we have seen that before in harris county with delay. they should have never been indict to do begin with it

is shameful. >> it is. i'm not saying the planned parenthood committed a crime. i don't know. i don't know. >> and we don't know what evidence. >> to turn this around and viewers might remember that mike wallace on "60 minutes" did something very similar in chicago, set up a sting to expose corruption. used phony everything to do it. >> undercover journalism is usually protected. this is very unusual. acreditted journalists. they might have a problem there. all right, lads,thank you. gutfeld and mcguirk on deck. we will talk oscar boycott and town hall meeting last night. the boys moments away.

i have great credit. how do you know? duh. try credit karma. it's free and you can see what your score is right now . i just got my free credit score! credit karma. really free. i've been blind since birth. i go through periods where it's hard to sleep at night, and stay awake during the day. learn about non-24 by calling 844-844-2424. or visit my24info.com.

back of the book segment tonight. what the heck just happened? last night cnn ran a town hall where the three democratic candidates were asked questions. joining us now, bernard mcguirk and greg gutfeld. the headline of the town hall to you is? >> three white people roofy america. the only group more milk toast were those three brand muffins. when you compare that to the group of republicans running, it's like comparing space mountain to the teacup. heavy metal to john tesh. it's quite a statement when the most entertaining democrat on the stage is an elderly socialist who is yelling at you like he's ordering a sandwich at the deli. >> so you didn't get much out of it, gutfeld? >> i have been drinking while i was watching, i had friends over. so maybe i missed a bit. >> all right. and mcguirk, you say? >> i completely agree with greg.

it was a coma-inducing democratic rally for three lackluster losers. bernie sanders, his only appear is he's santa claus without the beard. he doesn't have the stones to go after hillary where it hurts on the e-mails and her treatment of the victims of bill clinton's sex attacks to make it a good debate. nor did chris com cuomo. >> but it wasn't a debate, it was a town hall. >> they played the bernie sanders commercial. one of hillary's surrogates, she said this was a slime ball from media matters said that bernie sanders was a racist because there were not enough white people. why didn't they ask her that question, do you disavow what he said?

>> brilliant. that would have required some thought. i don't want this to be -- and i know that people are going to laugh at me. i don't want this to be a democrat bash segment. i didn't see much of it, because i was performing at whisky go-go last night. >> how many tips did you make? >> i did pretty well. i did my johnny rivers imitation. enough of that. so also out here, there is an oscar controversy, and it all started when will smith, a very good actor, was in a movie named "concussion," which didn't do well at the box office and he wasn't nominated for best actor and his wife, jada pinkett, i don't know her, said look, this is because of racism. there's no african-americans, or very few nominated. so we're not showing up. what do you say to that, mcguirk? >> i say what ice cube and will i am said, really, who cares? however, it's out there. and it's an entertaining

spectacle to see these liberals accused of spurious things, the same accusations that they hurl around with impunity. but i haven't seen any of these movies. the last movie i saw was "the three stooges" in the theaters. but spike lee and jada pinkett smith had skin in the games and they didn't include hispanics and asians left out. >> somebody on the radio today went down a list of all the previous academy award winners of color. there's a lot of them. so i don't think this has got much to it. but let's give gutfeld the last word and pray that we are still on the air after it. go. >> number one, the people who spoke out include al sharpton, piers morgan, conclusion is that the topic is a buzz lamp for

obnoxious chuckle buckets. number two, there's been research by the internal journal review that show if you look back from 2000 to now, excluding 2015 and 2014, there is no difference between the percentage of blacks wins and the percentage of blacks in the population. so when you look at the facts, it falls apart. i would ask will smith, what about gay actors in the closet? this is a whole area where gays cannot come out of the closet without losing work. >> you don't know who is in the closet. it's all very complicated. >> "factor tip of the day," what to do at meal time. the tip, moments away. here's to almost losing it... until you finally find it. light up her valentine's day with a classic diamond heart pendant. now just $399.99 each. that's $300 off!

helzberg diamonds here's to love.

performance... ...reimagined. style... ...reinvented. sophistication... ...redefined. introducing the all-new lexus rx and rx hybrid. agile handling. available 12.3-inch navigation screen and panorama glass roof. never has luxury been this expressive. this is the pursuit of perfection. "factor tip of the day," what to do at meal time in a moment. but first, we hope you take advantage on billo'reilly.com,

become a premium member, get any one of my books free of charge. the newsmakers, free, and a copy of the constitution. what more can we do? also, if you want to see miller and me live here in l.a. and fairfax, virginia, go to the website to link you over to the box office. now the mail. >> because you disagree with what charles says, nick, you want me to ban him? good grief! >> all right, one more time on this. mr. trump said some mexicans were rapists in the context of people smuggling. he was referring to reports that many migrant women are abused on their way up to the southern border. that is the truth. if you can't handle the truth, steve, take it up with jack nicholson.

>> i disagree, albert. chars is a policy guy and feels trump is weak in that area. >> correct, jeff. in 2008, governor palin saidfn from certain places in a laskaa russia could be seen. >> i believe he did, john. his orange ones were at the cleaners.

>> you're welcome, guys. glad you're seeing it that way. finally, "the factor" "tip of the day." out here in california, folks generally eat healthier than other parts of the country. plenty of sprouts and tofu, whatever the heck that is. any way, here's a tip. eat dinner as early as possible. plus, with early supper, you get those early bird dinner specials. but go light on the gravy. that is it for us tonight. check out the fox news factor website and spout off about "the factor" from anywhere in the world. name a town if you wish to opine. word of the day, do not be pecksniffan.

oldie but a goodie. thrill your friends with your knowledge of english grammar. tomorrow, donald trump returns to "the factor." miss megyn is next. please remember, the spin stops here because we're looking out for you. breaking tonight, just 48 hours before the final presidential debate before the iowa caucuses take place, and six days before those votes are cast, republican presidential front runner donald trump now says he will skip the fox news google debate. welcome, to the kelly file, everyone. i'm megyn kelly. carl cameron spoke directly to team trump afterwards. we'll go to him in a moment. but first, this controversy dates back to august 6th, and the very first republican debate co-moderated by yours truly. mr. trump took issue with this question that i posed to him.