rigged? go to facebook.com/seanhannity on twitter let us know what you think. as always, thank you for being with us. we'll see you tomorrow night. a 60% increase in premiums. blue cross, blue shield. -- >> "the o'reilly factor" is on. tonight. >> although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reason prosecutor would bring such a case. >> the fbi saying no charges will be brought against hillary clinton. scorching the former secretary of state for her behavior regarding national security. tonight, we'll give you the facts and answer all the provocative questions in this case. >> but i can assure the american people is that this investigation was done honestly, confidently and independently. >> billions of americans do not believe that are they being fair? charles krauthammer will have some thoughts.

>> [inaudible] starting to be in her prime and had so much to live for. >> also ahead, one year after kate steinle was murdered allegedly after illegal felon. update you on kate's law tonight. >> also a big factor. the fbi reacts to the connection. the factor begins right now. ♪ ♪ hi, i'm bill o'reilly. thanks for watching us tonight. no prosecution of hillary clinton. that is the subject of this evening's talking points memo. ' earlier today, fbi director james comey read a long statement regarding the investigation of hillary clinton's email and nauert. >> we cannot find a case that would support bringing

criminal charges on these facts. all the cases prosecuted involved some combination of clearly intentional and willful miss handling of classified information or vast quantities of information, exposed in such away to support an inference of misconduct or p to the united states or efforts to obstruct justice. we do not see those things here. >> mr. comey was clear in his motivation statement but down played the negligence aspect of the case. shear quote from the federal code. whoever being entrusted with national security documents through gross negligence permits the same to be removed its proper police custody shall be fined and/or imprisoned not more than 10 years in both. most is a felony.

>> fox news statute. and only one case putted in 1996. nidges charges were subsequently dismissed. to be fair, director comey has legal history on his side. that will not allay suspicions that the case was decided on politic its. >> what can i aschurr the earn people is that in this sletion was done honestly competentlily or independent hiv no one was brought to bear. >> if you believe comey and no amount of speculation is going to shed more light on his posture. he says the investigation was clean and that's that. in his remarks today, comey also scolded secretary clinton in a way that has been rarely scene. alleluia though we did knot find evidence that sheacket clinton or hers intentionalth or classified

information. there was evidence that they were extremely careless in their happened ling of highly classified information. for example, 7 email chains concerned matters that were classified did he top screet access program detective they were sentenned received. there is evidence to support a conclusioning that any reasonable person in secretary clinton's position or in the position of those with whom she was corresponding about those matters should have known that an unclassified system was no place for that conversation. none of these emails should have been on any kind of unclassified system. but their presence is especially concerning because all of these emails were housed on unclassified personal servers, not even supported by full-time security staff. we also assess that secretary clinton's use of a personal emain was read and apparent live. she left of centerrousedder personal email extensively

while outsideth the united states. territory of so he fess at this indicated sad investor sears. given that combination of factors, we assess it is possible that hostile actors gained access to secretary clinton's personal email account. >> again, those statements are almost unprecedented. they go directly to the it presidential election. combined with the chaos in ben gauze libya, where the american ambassador was murdered. the fbi of hillary clinton is withers. you have would think americans would be to he electricity a person with exerm competency does it not? compared to questions about his competency, the email caves blows that out out of the worth. trump university? come on. no matter what happens there, it doesn't come bows chot fbi of hillary clinton's email situation. many who support don't care.

they believe she is better for the country than donald trump so issues don't matter. same thing on the other side. millions of americans have already convicted mrs. clinton on many, many things they will never vote for her. talking points is in the business of infamily rooming and at times reforming. the intelligence thing bothers me. it bothers me. ocean if there were no i object tent to subvert fremple law the cob unone version happened. secretary clinton is directly responsible for that if you the american citizen lee a child in a hot carp and that child was harmed by that you will be eneven if your action was unintentional. many analysts have point to do colonel david petraeus providing a use them in pangeght the difference is petraeus obviously newell that he was going some

ununned. he had intend ecket if i were president, i would have pardoned terrified petraeus because his service to this country outweighs his reaction as bad as it was. minimizing the negligence in the clinton case, director comey puts his entire agency under scrutiny. i'm not casting aspersions on comby's hop necessity. i believe he is a credible man. i don't believe he would tank an investigation. but the american people, you, are owed a more detailed explanation about negligence that put our national security in jeopardy warren harding, richard nixon and linden johnson just to name a few. it is up to each voter to evaluate honesty and competency in a factual, therefore fair way. finally, it is more than

likely that the fbi tipped off president obama as to what was going to happen today. that's not to say that director comey was working with the president. but the bureau knew mr. obama was allowing hillary clinton to ride on air force one to a campaign event in north carolina this afternoon. so, it is inconceivable that the director of the fbi and attorney general loretta lynch would allow that to happen if hillary clinton was going to be charged. director comey addressed that today. >> i have not coordinated this statement or reviewed it in any way with the department of justice or any other part of the government. they do not know what i'm about to say. >> that's most likely true. he didn't expose his statement, his words. but just by its silence, the fbi sent a message that president obama read it clearly. that's how things are done in washington. summing up, the fbi says

lack of intent to subvert federal law is the reason the agency is not recommending charges against hillary clinton. but director comey down played the negligence issue and that is very troubling. and that's the memo. next on the run down, charles krauthammer will weigh in. and then a factor exclusive. reaction from donald trump. we'll be right back. ladies, why just dream of worry-free nights? i'm linda, and like millions of women worldwide i trust tena. and with new tena overnight underwear i can now sleep worry free all night. the unique secure barrier system gives me triple protection from leaks, odor and moisture - so i can keep being a sweet dreamer. tena overnight underwear and pads. only tena lets you be you.

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continuing with lead story. what do you think about the memo? does it trouble you as much as it troubles me? >> i think it troubles everybody and for good reason. there is a central flaw to the whole argument. it sounded okay. until you realize that he hangs the entire dismissal of this on intent. but at the beginning of this, he said that she

showed excessive, extreme carelessness with what he later said was highly classified information 110 items. 8 were the highest top secret and that he also said likely ended up in the hands of our enemies. now, how that does not constitute gross negligence i don't understand and i'm sure is inexplicable. the statute says intent or gross negligence. and, yet, in acquitting her, he basically said if she didn't have intent, i have to let her go. if the glove didn't fit, you have to acquit. it is completely illogical. she has shown gross negligence and he has shown that she is accused of that and clearly carried it out and, yet, he said well, there was no intent. what he is doing is

reinterpreting the statute to say unless you had deliberate malicious unless you were actually intending to harm the united states, he has to let her off. that's not what the stall the says. there hasn't have to be malicious intent. she intended to set up her server. she intend to do send out those emails that comey said she either knew or had to know is something you don't do on a private server and that is what intent means. >> no, but i think he said she did know what she was doing but she didn't intend to harm the country it comes back to that. >> but that's an impossible standard and it contradicts the other part of the statute that says gross negligence which implies you don't have continue to tend to hurt the country. >> you and i are agreeing the intelligence. he down played that negligence part. he didn't spend a lot of time on that. >> he skipped around it. >> he is falling back on

prosecutorial history. that there weren't any cases made by the federal government without intent, haven't been any and only one that we could find that was negligence and then they dropped it we have donald trump coming up right behind you. i want to get into the political implications. i want to reinforce both krauthammer and o'reilly are troubled by the negligence thing. they think she is better than donald trump no matter what she does. i'm not going it see an erosion in her support. am i wrong? >> not among democrats. i think what comey said today is made for 30 second commercials on the question of honesty which had is her achilles heel. she says i never sent any classified information and

comey said she sent 110. some of them were the most top secret. then you hear her saying nothing of this ended up in the wrong hands and then you show comey saying it is likely that it ended up in the wrong hands. you can show her saying we turned over everything. and then you show comey saying that there were several thousand emails that were not turned over. all you have got to do is show that. >> the target audience very few voters who haven't made up their mind. >> those are the ones that decide elections. >> yeah. but so few of them this year that i'm just wondering whether anything will change. but, not a good day for mrs. clinton. even though she gets off the legal hook. she as you pointed out rightly, really can't defend what comey, who methodically took her apart said. all right. charles, we appreciate it and now, directly ahead. a big factor exclusive. donald trump talking to us and no one else this

evening, we understand. is he going to react to the fbi's decision not to prosecute hillary clinton. or bring charges, i should say. then, later, another very hot situation legally. the senate may vote on kate's law this week. we will talk with kate steinle's father and brother as the factor continues all as the factor continues all clean food. words panera lives by. no artificial flavors, preservatives, sweeteners. no colors from artificial sources. 100% of our food will be clean by year's end. that's food as it should be. ♪

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personal story segment tonight reaction to the fbi's to not recommend charges hillary clinton by her rival donald trump. we don't usually do phone interviews on the factor with politicians especially, but with the breaking news and mr. trump campaigning this evening, we will make an exception. the candidate joins us now on the phone. first of all, do you think the fbi did an honest investigation? >> well, bill, i don't want to talk about honesty but it

was certainly surprising, especially in the middle of the talk when he talked about all of the mistakes that she made. she made great mistakes and it sounded to me like there was no choice but to convict or to go to, you know, some form of very harsh punishment. and they didn't do that. and i can tell you everybody was stunned at the end because if you listen to it, it sounds like she had horrible judgment. she didn't know what she was doing. she was sloppy. she was just about as bad as she can be. then in the end the recommendation was as it was. i was surprised after listening to the first half of the speech. especially the middle. >> do you believe there is politics involved here? do you believe that the fbi and the justice department got together in some way, shape, or form and said, you know what? we're not going to disrupt the electoral process. she is running for president. we're going to cut her more slack than someone else. do you believe that?

>> well, my problem is i know people in the fbi. i have such respect for the fbi that i just don't understand what happened here because you -- everybody knows, everybody realizes, i have spoken to many, many lawyers as you have and you have had them on your show and you have read about it and everybody knows she is extremely guilty and they really sensed she was guilty today and then he says we're not going to prosecute. then you remember what happened to general petraeus and other people and they suffered tremendous consequences. >> yeah, but it was a different as we said petraeus had intent. he knew what he was doing. he gave it to his girlfriend. and comey said that there was no intent by sacket clinton to subvert the process. >> i think she had intent though. to me. >> that's interesting. you say that hillary clinton want to do subvert the national security process of this country. is that what you are saying. >> well, she knew what she was doing, bill. >> she can say i didn't know

the repercussions of what i was doing. she can say that. >> she is a lawyer. she knew what was going on. and, frankly, even if she didn't, what she did was wrong. and you know whether you had intent or not is not the defining characteristic of this. you can make a mistake and you are still guilty. because you are talking about national security. and there are lot of reasons of guilt. it's very, very surprising. to me i think it's really surprising. i'm not just talking about from today, from director comby. i'm talking about generally speaking people would say there is no way she can avoid this because of what's happened to other people. >> but you believe she did it on purpose, don't you? >> well, i certainly believe something strange happened because when you put your servers in basements and when you -- look at all of the information that was just wiped clean, whether by lawyer or by anybody else, and just look at it, and we know that she had, you know, classified information on her server. and she says she didn't have

classified information on her server. so when you look at all of the facts, she certainly lied. at a minimum she lied. you are not supposed to be lying when you are dealing at this level and then you have the husband going around the tarmac and i have been on a lot of tarmacs and nobody running into your plane. and he talked for 39 minutes about his grandchildren and about golf. it's not the way life is it's just not the way life happens, bill. >> basically what you are saying is that the clintons a, committed a crime because if the president was trying to influence the justice system that would be obstruction there. you are basically saying hillary clinton did it on purpose. she knew that she was going to put national security in jeopardy but she did it anyway and her husband tried to obstruct justice. that's what you are saying tonight. >> she knew that was going to happen because of what she was doing. it wasn't secure. she knew that was going to happen. and as far as her husband is

concerned, i mean, who just happens to be, you know, waiting on a tarmac and all of a sudden run in and talk about grand kids and golf for supposedly 39 minutes. i mean, it just doesn't happen that way. life doesn't happen that way. >> if you are elected president, are you going to fire attorney general lynch and director comey? >> i don't want to comment on that. i really don't want to comment on that. >> why? >> because it's inappropriate at this moment. i will tell you that i believe that what happened over the last four or five days has been a total miscarriage in justice. i really believe what happened is shocking. it's certainly shocking to legal scholars and i watch them and talk to them all the time they can't believe what happened. whether it's general petraeus or others that have suffered grave consequences for what they did, bill, i think it's a great miscarriage of justice. >> do you believe the fix

was in and did president obama have anything to do with it? >> well, it was very strange the timing, because i see him, you know, talking making a speech a couple of hours after this happened. certainly it was very strange to be having your meeting with the fbi on the, you know, one of the biggest holidays of the year. certainly fourth of july weekend and they are having meetings on saturday and then the speech and everybody knew she was going to be in north carolina on monday and then, you know, the semi exoneration. i don't know even know if you would call it exoneration because some pad things about what she said. >> she wasn't exonerated she just wasn't prosecuted. >> she is essentially incompetent. basically they are saying she is incompetent. she is not dishonest she is certainly incompetent. >> he clear live said that comey did. i'm going to pose the question again. do you believe the fix was in and that president obama

was involved in that? >> i think it's extremely unusual that he is speaking two hours after the so-called exoneration, that is he speaking in north carolina where i'm heading right now, by the way. i'm going to raleigh where we have baking crowd. but i think it's a very unusual set of circumstances. and it began with president clinton going on to an airplane, you know, just like oh, gee, hey, isn't this wonderful and a lot of people are saying where was he before? was he playing golf or did he just go there, see her, and then leave because some people are saying that's what happened. nobody knows where he was. did he comply -- fly in and flight right out? that's a whole different circumstance. he said he was just in north carolina. a the love people said he was playing golf. they haven't been able to find out where he played golf. regardless, you have a set of circumstances which is absolutely horrendous set of circumstances as far as i'm concerned and as far as a lot of great lawyers are

concerned. >> are you going to accuse president obama of influencing the case and are you going to accuse hillary clinton of committing a crime? >> i'm going to further look into it and we will see what we cial see. you will be certainly one of the first to know. that i can tell you. i'm going to look into it very, very strongly and we will see what we will see. >> we appreciate you coming on tonight. i know it's a busy day for you. thank you. there is more as the factor moves along this evening. the ladies will analyze the negligence issue that the fbi down played. also, we will talk with the former assistant director of the fbi who knows james comey about how the agency handled the hillary clinton email investigation. we hope you stay tuned to those very special reports.

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is it legal segment tonight. let's get right to attorneys and legal analyst kimberly guilfoyle and lis wiehl. you heard my talking points memo and you heard me deliver it flawlessly. where am i going wrong, wiehl? >> i hate to see it but i don't see that you went wrong on anything. >> let's go one by one. intent. that was big thing the fbi said no intent to subvert the security process of the united states. should that matter? >> it does matter on many of

the criminal statutes. did not find intent. but there is one statute where they did not have to find i object tent, in other words, to find a felony charge. and in this statute, that's where i have a problem with direct comey -- director comey today. he said in this particular statute where you too not have to find intent you have to find gross negligence, he said in that statute i found extreme carelessness, all right. but then he went on to say no -- i'm just quoting here no reasonable prosecutor would bring such a case. bill, i am a former federal prosecutor and very proud of it. third generation federal prosecutor. i'm thinking i might have brought that case. my dad might have brought that case. my grandfather might have brought that case. wait a second, i would have brought it to a jnd jury is what i'm saying. comey overstepped his authority. >> i guess authority was basing his statement, guilfoyle, on there haven't been many of those, right?

>> right. but that doesn't matter. it's not the standard of whether or not there haven't been any. it's whether or not this particular fact pattern meets the requisite requirements to prosecute under the law. and by his own admission, he essentially stated the case and made the case to show that she was extremely reckless in handling it. the same thing as gross negligence. >> so you both agree, if you both agree that there was enough for the fbi to recommend charges, then you have to speculate on why he didn't do it? >> may i back up a little bit? comey would not have to do that. what he could have recommended because he did have to make a recommendation of the he didn't have to recommend charges. he could have taken himself out of the prosecutor's step. >> he was judge and jury. >> hey, prosecutors, i'm saying to you you don't have to go forward with charges or not. i would recommend to you that you go to a grand jury, which is what they are supposed to do anyway. >> here's the deal. that's more of a side show. and, remember, what lynch,

because of her meeting with clinton. >> she boxed herself in. >> she wouldn't go against comby. >> she said she would follow the recommendation of the career investigators and professionals in this case but specifically the facts you are referring to does not require intent to handle classified material. only requires a gross negligence unauthorized transfer. the case has been made. >> so, you both say that under federal law, the charges could have been brought in a credible manner? >> yes. >> but he seemed to minimize the negligence and that's why i did the kid in the car. >> he went out of his way to do it. >> he went out of the way to minimize the negligence, right? >> yes, he did. no reasonable prosecutor would bring this forward and, perhaps, they didn't intentionally do this and then went through all of the -- about the attorneys deleting and then clearing their devices so it wasn't recoverable. >> do you feel comey is honest or is he a political guy? >> i think that comey is honest and i was surprised today the way he was laying the case out. >> you said he just made a mistake? >> i think it was a grave

mistake and i wouldn't have. >> grave mistake. >> i wouldn't say no reasonable prosecutor. >> overstepped his authority. he overstepped his authority. he could have handled this much differently. >> is he honest or doing it for politics? >> i can't get in the man's head. >> you don't know. okay. ladies, thank you very much. we appreciate it when we come right back, kate steinle murdered in san francisco one year ago. now the senate may finally take action to stop illegal alien criminals. we will talk with kate's father and brother. then a former assistant director of the fbi will comment on how the bureau has handled the hillary clinton investigation. we're coming right back. what's it like to be in good hands? man, it's like pure power at your finger tips. like the power to earn allstate reward points, every time i drive. ...want my number? and cash back for driving safe. and the power to automatically find your car... i see you car! and i got the power to know who's coming and when if i break down. ...you must be gerry. hey...

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thanks for staying with us, i'm bill o'reilly. in the factor follow up seeing want tonight. tomorrow on the senate floor there may be some action on kate's law. as you may know, 32-year-old kate steinle was killed allegedly by illegal alien who been convicted of seven felonies in the u.s.a. and defied deportation five times. outrageous. so we proposed kate's law which would mandate harsh penalties for any criminal deported alien comes back to the u.s.a. joining us from pleasantton, north carolina her father.

>> it's been a year of hell for you and your family. kate was killed just about a year ago. and what have you guys gone through in the past year? >> well, it's -- it's been tough. the heartache and the grief and the reminders every day. it's been a tough road. but, as i have mentioned prior, you know, we are strong in our faith and it's gotten us through it. and we're moving forward. >> what would you like to see the senators do regarding kate's law. i said last week, i don't know if you guys saw it but i can't imagine anybody voting against kate's law because it protects all americans and it at least gives the authorities a quick resolution to people who come back after being deported. we're talking aggravated felons. we are not talking about people trying to sneak in here and painting a house. what do you want the senators to do mr. steinle? >> well, the senators, who

are elect to do do two things that was to serve and protect the citizens of the united states. the protect part of it kind of fell through the cracks when it came to kate. but, bill, this is not about kate. it's about humanity and we feel that kate's law passed will save lives. if one life is saved due to kate wants law then kate's life was not in vain. >> brad, have you thought about this. there is opposition. there are senators who are not going to support kate's law. you have put yourself in their shoes and figure out why they wouldn't separate it? >> think about it logically and separate kate's law from immigration in general and you just take kate's law and look at that as a stand alone, it's something that you can't deny that would be good thing to keep aggravated felons like this

person that killed kate, if there was a law like that in place, it would be more of a deterrent for these people. >> that person wouldn't have been out. >> to commit crimes. >> i worked with you guys. >> and be in jail. >> and get the language in here and the propagandist, the people that don't want any limitation on immigration violent and otherwise. distort it only talking about the really bad guys who are convicted in u.s. courts who then after they serve their terms are deported and they come back back anyway. we north talking about innocent immigrants. the left, i think every republican senator is going to vote for this tomorrow. the left won't come to grips with it you have thought about that mr. steinle, on why there is still this opposition? it should be 100 to zero in the senate when this bill comes up. >> one would think so. this immigration situation is far reaching and very complex. but, if you can't pass a law

to save a life, even though the person is an illegal immigrant or whatever, you are not doing your job. it's egregious and we haven't been angry about much during the time but this is certainly an aggravation. >> it is an aggravation. you filed a civil suit against the county of san francisco and various other people for not upholding federal law. where is that now, brad? >> so, you know, we're moving forward with it. and, again, the hope in this legal proceeding is that something like this won't happen to anybody in the future the city and county sheriff's department the polwas dropped and the result was kate's death. we just want to make sure that this doesn't happen.

>> got to send a message. brad, do you want to talk to the senators. they are watching some of them tonight. directly. 30 seconds, say whatever you want. whatever is on your mind and in your heart to the senate before they vote. >> yeah. i just feel as though this is something that's a stand alone bill that is very cut and dry. it's black and white. it's keeping aggravated felons that are illegal out of this country and keeping them out of our streets so they can't harm people like kate. >> okay. gentleman. we always appreciate it we will hope for the best. you guys are patriots for trying to help other people and we appreciate it very much. on deck, we'll talk with the former assistant director of the fbi about the hillary clinton decision today. factor tip of the day. my aof president obama's place in history. 73% of americans try... ...to cook healthy meals. yet up to 90% fall short in getting key nutrients from food alone. let's do more...

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back of the book segment tonight. if you missed the top of the factor we posted the talking points memo on the decision not to recommend charges against hillary clinton. that will be posted on bill o'reilly.com. it is worth reading perhaps downloading. joining us from washington former assistant director of the fbi under president obama. now, why -- were you surprised, first of all, were you surprised at what director comey said today? >> i was, bill. >> why? >> i thought that you know, for 85% of his comments he was walking us to an indictment or a proposed or recommendation for an indictment, and then he walked us back. >> do you know comey well? >> i worked with the director for about eight months before i retired. so i have a sense of the

person, of his integrity, of his experience. >> and you are convinced that he is an honest man? >> unquestionably. i thought he was a great selection when it became became apparent he was going to be the director. he did certainly the change the tone and the culture within the fbi, in some ways, you know, in a very positive way. and i am personally convinced that, you know -- his ethics, you know, his morality poi >> that being said, you were surprised that he said the fbi was not going to recommend charges. so -- and there are many legal experts, as we have had on this program this evening, that said he could have, in negligence, and you don't need intent if national security has been subverted by a reckless act. and he used the word "reckless." does it make any sense?

can you add up why the fbi then said we're not going to recommend charges? >> i think i can. first, like others, i'm tracking the language of the statute as well. i think i have somewhat of an understanding of the english language and what extreme carelessness means. i think it might be the twin brother of the gross negligence standard that's in the statute. but here's the challenge. a prosecutor and somebody in jim comey's position, with his experience as a prosecutor and understanding this investigation, you're looking at the potential for an indictment not just through the lens of an indictment, which is a probable cause standard, but the higher standard of beyond a reasonable doubt if you have to go to trial. and they're going to be evaluating are we substantially likely to prevail if we go to trial with a beyond a reasonable doubt standard? and i think without what he believed to be the requisite language of an intent gleaned

through interviews and through the e-mails, if he didn't think he could get there, then his obligation is to back away and not propose an obligation. >> he saw his obligation as not to waste the taxpayers' money with something he couldn't win? i guess that's what you're saying. what about the negligence beef? he could have one that. >> right. it seems like you can meet the requirements of the statute. but, you know, to make these cases, you certainly want to be able to suggest an intent. what was the motive of the participants? >> i don't know if that's his job to -- i don't know if other americans in the same position would have been cut that kind of slack, mr. hosko. you know what i'm talking about? >> i don't disagree with that, bill. it certainly seems like yet again, there may be a slightly different standard. the director talked to looking to precedent and seeing are there cases that were akin to this, that match up with it. >> there aren't any. >> make no mistake. make no mistake, bill.

the director did not let hillary clinton off the hook. in fact, my sense was on his way out of the room, he lit her on fire. >> he scolded her for sure, but he did let her off the hook in the sense that she doesn't face any responsibility for what she did, what he clearly stated she did. hillary clinton faces no responsibility for that. none. last word. >> that's right. framed as they did today, there is none. we haven't heard the last, i assume, about the foundation. >> that investigation is still ongoing. >> right. >> mr. hosko, we appreciate it very much. thank you for that analysis. factor tip of the day. how history will treat president obama. the tip, moments away.

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and that's available for p.m.s only. if you're not a member, you can sign up on billoreilly.com. you get a free book, free copy of the constitution, and 20% off everything we sell this summer. fabulous deal. now the mail. jim mcen tier, weaver, iowa. bill, thanks for your determination in forcing the senate to vote on kate's law. i've sent letters to senators grassley and ernst informing i expect republicans to support it. if every american took the time to do, that the law would already be passed. you are a patriot. joe gutierrez, corona, california. o'reilly, you would not be proposing kate's law if the alien criminal had been irish or caucasian. and you, joe, are a pinhead. jim schmidt, las vegas. to think any senator would vote against kate's law is an indication of how deeply congress has sunk into the sewer. robert simmons, odessa, texas. i think dana perino was saying senators cannot be for

protecting sanctuary cities if they do vote for kate's law. two different issues, robert. you can split your vote, but you shouldn't split it. both criminal aliens and sanctuary cities are destructive to america. legends and lies was fabulous on sunday night. i learned so much about george washington. well, i'm glad you watched, faye. this coming sunday, we're going to continue with general washington. did you know that one of his own officers tried to assassinate him? and we'll also take a look at thomas jefferson, who was very lively in his off time. laura spencer, marysville washington, received the book legends and lies for my birthday. very enjoyable read and great artwork. we pride ourselves on the artwork. thank you for reading it. gene stewart, foley, alabama, i've read all your books and legends and lies, the patriots, should be required reading for all high school seniors. agreed. we have a children's book, the day the president was shot. it's for younger kids to read this summer.

come on, get those urchins involved with their country. dan geller, new york city. o'reilly, great interview on cbs sunday morning. i respect but like you to. don't need to be liked, as i stated, dan. i'm happy you respect me. finally, happy 73rd anniversary to jane and stan clemak, and happy 100 rt birthday to ef len hem ing stop in lake park, iowa. the factor tip of the day, cbs folks did a fair job in editing the piece. it moved quickly and my words were not disstortded. one of my statements did not make air. they couldn't use everything. i understand that. but you might be interested to see what i said about president obama's legacy. go. >> how do you think president obama's administration will be viewed 50 years from now? >> 50 years from now? >> mm-hmm. >> i would say that president obama will be in the bottom half of the presidents. didn't really accomplish much.

economics doesn't matter. so you can make a case, well, he kept us from the great depression. that's what the president says. but 50 years from now they're not going to care about that. they're going to take a look at the landscape. i think obamacare will be repealed down the line because middle class people can't afford it. absolute disaster. that's going to weigh heavily on his presidency. i think he's going to get kudos for being a good role model. he, himself, as a person, very good role model. that's strong. but i don't think as far as accomplishments are concerned, after eight years, that he'll be in the top tier. >> factor tip of the day. if you're asked an opinion, as i was, stated in a clear way and back it up with facts. thanks again to cbs news for being fair to me. that is it for us tonight. please out the fox news factor website, we'd like to spout off. o'reilly at foxnews.com. if you wish to opine. word of the day. tomorrow, we have a special

investigation on president obama's ties to the muslim world. don't miss it. again, thanks for watching us tonight. i am bill o'reilly, please remember that the spin stops right here because we' definitely looking out for you. breaking tonight, a historic moment in the 2016 presidential race. a year-long fbi investigation into hillary clinton's e-mail server scandal is over, ending with a devastating account of how the former secretary of state has systematically misled the american people for 16 months about almost every facet of this scandal. good evening and welcome to "the kelly file," everyone. i'm megyn kelly. more than 16 months ago, americans learned that secretary of state hillary clinton was conducting the business of the u.s. government from a private e-mail account, managed on her own private e mail server, kept at her moment in new york. outside the