that is all we have time left for this evening. we'll see you back here tomorrow night.

>> work related e-mails were not returned by secretary clinton in 2014. >> i thought it would be easier to carry just oneku@m device fo work and personal e-mails instead of two. secretary clinton used two different servers and numerous mobile devices to send and to

read e-mail on that personal domain. >> so it is clear, beyond any doubt, from the fbi's investigation, that secretary clinton attempted to mislead the public. now, in is mrs. clinton's femry faulty? did she want to deceive us? talking points believes there is more still to come on this story as james comey will testify in front of the house committee tomorrow morning. mrs. clinton's misleading statements should be among the lead questions. let's now here in new york city, brett stevens columnist for the "wall street journal." what i'm trying to get at here, is that embarrassing, right? >> yes. >> nobody can defend it, right? >> least of all mrs. clinton. >> nobody can spin it or say it

didn't happen. a congressman lied and we'll show you the congressman who lied in just a moment. but it's beyond a reasonable doubt, any fair minded person would say this woman is a deceiver and now wants to be president. i'm saying does it matter? >> i think in any normal political season, this would destroy her candidacy. back in 1990s, "new york times" columnist called mrs. clinton a congenital liar. it remains true today, fbi comey decided not to indict, the evidence laid out shows she's been telling untruths consistently for at least 15 months since march of -- >> in the biggest case, of the presidential campaign so far. now -- >> but it's not a normal political season. >> it isn't. you have donald trump who is a very polarizing man. i'm saying to myself it's going

to be harder for people that weren't that enthusiastic about mrs. clinton but didn't like trump. it's going to be harder to pull that lever for her. >> this place ought to play as the trump's sweet spot. the view is that system is rigged. there is a system for everyone and a clinton exception when it comes to this kind of behavior. extreme carelessly, refers to gross negligence. in a week when he should be gaining strength from this report, he's talking about saddam hussien . >> he's more focused but last night in his north carolina speech he accused comey. and you've got to stay in the factual zone and not blow it out. now, comey himself, the "wall street journal" has a good

editorial about his decision. but people aren't establishment people. >> the fbi director we ran an editorial called political mr. comey. he's terrific when it comes to prosecuting martha stewart, prosecuting unpopular people, doing what the washington beltway thinks is the right thing to do. very different story when going against not only the presumptive democratic nominee who is going to save the world from donald trump. this is predictable for anyone. >> comey said aside is what you're saying is that i want to be ejq:lgaclear. he felt politics, if he brought charges, would influence him. >> the evidence he's

introduced -- >> okay. why did he do it? are you saying he puts politics over honesty? >> i'm saying he puts politics first. >> he puts politics over what is honest in the criminal -- >> this is a purely political decision who should not have been -- you look smug and you look like you're 100% convinced that comey puts politics over what is best for the country and what is right in the criminal justice arena. you look like you're 100% convinced of that. >> i'm only 95% convinced but this is my best judgment. if you follow june comey's career over many years when

going after people like john ashcroft, the witch hunt is very good at going after so listing his record people were applauding jim comey as a straight shooter. and he didn't take on a favorite by much of washington. >> you are no fan of donald trump. if what you're saying is true, this country is in trouble because we don't have equal justice for all. do we? >> no. politics is the forefront. >> mr. stevens will be on the contributing factor pod cast.

have you to watch that tonight. you can access on bill ow billoreilly.c billoreilly.com. or on i tunes no relation to lonneytunes. later, factor exclusive, we have photos of barack obama allegedly attending a muslim wedding, up ahead. millions of women worldwide trust tena with their bladder matters. thanks to its triple protections from leaks, odor and moisture. tena lets you be you ♪

a ton of hillary clinton's statements were not true. and you need to be a bit more careful. joining us now from north carolina, mr. goldberg. i almost garbled goldberg. say that five times. >> appreciate that. >> has the media reaction to this story been fair? >> there is a lot of main stream media has been fair.

aabc, brian ross said the fbi statement is an indictment without a criminal charge. that is tough. on nbc, said hiltry has a credibility problem but then, he says but, she can recover because her opponent is donald trump. that may sound biassed but it isn't, because donald trump has a credibility problem himself. if it weren't for donald trump she'd be in more trouble today than she is. >> i don't like that statement from todd for this reason. it shouldn't be a comparative situation when analyzing hillary clinton and her e-mail. what she did and what comey said is dishonest. the history behind secretary

clinton, right, is one of a pattern of behavior as mr. stevens just pointed out. so donald trump didn't have anything to do with this right now. >> no. i disagree with you in this respect. it's a fair analysis to say this woman would be in real trouble except you have to consider who her opponent is. it gets partisan is when the partisans get involved in the debate. there are hillary supporters, you can have a videotape of hillary clinton personally shredding e-mails and documents. it won't matter to them. >> it won't matter. >> remember james carvel?

he had told everybody, no. no. he is telling the truth. and the next day, it's sex, he was lying about sex. >> let me make another point. and i wrote about this today on my website. on the other side, conservatives, a lot of them say the fix is in. it's understandable because jim comey laid out a case against hillary clinton that would, you'd have to conclude she's guilty of something or another. and then, he comes to the conclusion that she should be charged with a crime. i think, and this is what i wrote about today, i think it's more complicated than that. i think jim comey doesn't want to be the guy that throws the 2016 presidential race into a chaotic turmoil.

>> not his job. >> exactly. >> that is the next point. justice john roberts did that. did that in the oeb yumma care case. it wasn't his job. and it's not jim comb yes's job. >> so i mean, stevens, pretty emphatic about comey's background. that when, in a tight political spot where it might come back to bite james comey he's going to go for the easy way out. he cited martha stewart, you prosecute her, who cares. but hillary clinton could be president. so he's not going to recommend. i'm not sure that is accurate. certainly, you can put together a good circumstantial case for your opinion and mr. comey's opinion. i'm worried about the folks. this fbi announcement shattered the justice system's image for most of the country. >> yes.

and here is why. you can't help but concluding from jim comey's statements, and i'm a big fan of brett stevens and he's a thoughtful guy. he may be right. you know? the inevitable conclusion based on what he said and ended his statement is that there are two systems of justice in the united states of america. one for hillary clinton and one for mere mortals. the rest of us. people who aren't nearly as important as hillary or bill clinton. >> it's good for donald trump. now, donald trump university it doesn't matter what he did. >> this is a headline.

was donald trump graciously accept the fbi's gift. >> ahead, factor exclusive, president obama's ties to the muslim world, and miller will weigh in on the fbi hillary deal and we're coming right back. i have asthma... ...one of many pieces in my life. so when my asthma symptoms kept coming back on my long-term control medicine. i talked to my doctor and found a missing piece in my asthma treatment with breo. once-daily breo prevents asthma symptoms.

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president obama and islam. that is the subject of this evening's talking points memo. many americans, include thing one, believe barack obama's emotional attachment to the muslim world has hurt the usa. there's no question the obama administration's greatest failure is allowing isis to run wild, murdering thousands of innocent people all over the world, including many muslims.

mr. obama has never, never acknowledged that mistake. nor does he define the isis threat accurately. that group is killing innocent people in order to impose a radical version of islam on the world. the jihad is solely based on theology. perverted as it may be. president obama, as we all know, will not even use the words islamic terrorism. again, today when telling the nation that the u.s. will maintain thousands of troops in afghanistan, the president did not accurately describe the situation there, putting forth that it was more about politics than terrorism. >> that is why the united states will strongly support an afghan led reconciliation process and why we call on all countries in the region to end safe havens for militants and terrorists. >> but they are not just militants and terrorists.

they are islamic driven killers who protected al qaeda before the 9/11 attack. yet the president of the united states does not define the terror issue clearly. here's why. barack obama's father, who abandoned his family, was a muslim who turned atheist. then his mother married another muslim, moving to berry to indonesia where he was exposed to the islamic world, even though he did attend a catholic school in first grade. according to his half sister, barack obama attended his half brother's wedding in the '90s, malik obama was a muslim. "the factor" has attained pictures from that wedding, which we believe was held in maryland. details on the ceremony, the location, whether the reports that barack obama was the best man are very difficult to verify at this point.

what we can tell you with certainty is that barack obama has deep emotional ties to islam. >> as a boy, i spent several years in indonesia and heard the call of prayer at the break of dawn and at the fall of dusk. as a young of man, i worked in chicago communities where many found dignity and peace in their muslim faith. >> now, to some extent, i can identify with president obama on the religion issue. as a roman catholic, i was appalled when the priests pedophilia scandal broke. there's absolutely no excuse for the catholic church covering up many horrendous crimes. however, like barack obama, i do make the distinction between the faith and the people who abuse it. >> the church is not the men who run it. the church is the theology

behind the doctrine of jesus, and the country is the abiding philosophy behind the constitution. and i think if everybody understood that, you could put it in perspective. >> but here's where i depart from the president. i went after the american leaders of the catholic church with a vengeance. >> as we now know, the leaders of the catholic church in america covered up the sexual abuse. it's my opinion the cardinal in boston could be arrested and charged with criminal negligence. remember, he admits to transferring pedophile priests to place where they still had contact with children. americans have the right that authorities take care of cardinal law, not the pope, a man who aided and abetted the molestation of american children. we have the right, every american citizen, to demand that this cardinal law is removed. it's way beyond just catholics. >> law was eventually booted out

of boston, but then given a cushy job in rome, another embarrassment for the catholic church. barack obama should do what i did, call out those who abuse the muslim faith, who commit atrocities under a religious banner. he should make defeating the jihad a central issue. and stop trying to diminish islamic terrorism by avoiding the simple truth. radical islam is a direct threat to the entire world! whether they live in afghanistan, iran, iraq, syria, or africa. it is islamic killers who are the central problem on the planet. president obama should acknowledge that today. and begin to correct his mistakes. and that's the memo. when we come right back, reaction. then miller on the fbi/hillary clinton deal, moments away.

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continuing now, president obama and his relationship with islam. joining us from chicago, david mandell, author of "obama from promise to power." so where am i going wrong here, mr. mendell? >> well, bill, i don't necessarily disagree with everything you had to say. but one that just because president obama attended the wedding of a

relative who was a muslim doesn't necessarily mean he has deep ties to islam. >> you couldn't say that if your father and stepfather, both islamists, and then your half brother and half sister, both muslims, you wouldn't call those deep ties? >> well, they are ties. president obama is a very unique cultural figure. he has ties to various worlds. he has ties in the african-american world. he has ties to kansas where his mother was born. he himself is a devout christian. i would follow him around -- >> whoa, whoa, whoa, devout christian? he doesn't go to church on a regular basis. how did you arrive at that assessment? i believe he's a christian, i'm not one of these guys who says he's a muslim. but i don't think he's a devout christian. >> well, he would go along the

campaign trail here in iowa, he would have the holy bible sitting in the door compartment of his vehicle and refer to it consistently. he and michelle would attend services of -- you can go back to jeremiah wright if you want -- >> i don't know if that's devout in jeremiah wright's church. >> but he's given expensive interviews about his beliefs in christianity. >> but what you say and what you do are not necessarily the same thing. i base my analysis that in my opinion, and i could be wrong, but i'm not, president obama's sympathetic treatment of muslims put the country in danger and he allowed isis to be created because of his foolish decision to withdraw troops in iraq and to pretty much run wild for five years. so another president, you know, angry about the jihad, would not have done that. am i wrong?

>> well, i think president obama is very sympathetic to all cultures, all religions. he grew up in a -- >> is that good for a commander in chief to be sympathetic for all cultures and religions when thousands are being murdered? >> obviously you think it's a bad quality. >> you don't? >> well, i think he is a unique figure in that he can see various viewpoints. >> he's the commander in chief of the country -- wait, wait, mr. mendell. he's the commander in chief of the united states and his main charge is to protect us. it's not to be touchy-feely for all these different cultures. >> and he's being criticized by the left, by human rights groups for his drone policy, by killing what i would assume are mostly muslims through drones in the middle east. so i think his language is very cautious. yes, he's a cautious man. he's the president of the united

states. he's always been a cautious politician with his language. but i think it's a little unfair to say that because he grew up in his younger years, he had some ties to the muslim world that he is sympathetic to. >> i just want to be clear before we let you go. >> there's no connection between him and terrorists. >> and i'm not making that connection. my thesis is that he has an emotional tie to islam, and that has clouded his judgment in attacking the jihadists. last word. >> well, that's your opinion. i think that he's a devout christian. i see no evidence that he has fomented terrorism in any way. he's the man that gave the call to kill osama bin laden.

>> i don't know if that was a difficult call. again, we appreciate your point of view. did you know that one of general washington's officers tried to assassinate him? and miller on the hillary clinton-fbi deal and 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... in means getting more from your car insurance with the all-powerful drivewise app. it's good to be in, good hands.

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thank you for staying with us. i'm bill o'reilly. let's get right to the sage of southern california. joining us from santa barbara. so miller, when you heard yesterday the fbi director say no charges against secretary clinton, what went through your mind? >> well, i was surprised, because he was dropping bread crumbs and then whipped out a vegan scone. it's like putting in happily ever after at the end of "the exorcist." i thought he was going to lay into her, then backed off. it looks like hillary, the only way we're going get her eventually, is if she kicks in a hotel door in vegas to claim

some bobbleheads that are hers. i guaranty today she's on a better private server. >> so you say the only redemption hillary clinton has is if she pulls an o.j. simpson and goes in and steals memorabilia and gets caught, that's your analysis? >> in a country that's increasingly creepy, the creepiest person gets to be the head creep. so i guess she's going to be president. >> it is pretty bizarre. let's go to your state, california. the university of redlands, i guess that's a treehouse up in the forest -- >> i think that's where that mendell goes. >> any way, they want men to focus on masculinity with a dude's understanding diversity project. >> dudes, i don't know what it

stands for. but can i get a second over here to adjust all the new mail. i remember seeing bruce jenner on the cover of a magazine and now i'm supposed to digest this all in five seconds. give me a second to catch up. it's like he made blackjack 22. i can't get my head around it this quickly. >> are you going to enroll in that course? i think you can do that online. i think you should. >> billy, i am -- here's what i am right now. female about to go back to male. that's how far out there i am. >> you heard about the hot dog eating contest. in buffalo, new york, they have a kale eating contest. are you involved? >> listen, billy, all i know, if that asian kid could eat 70 hot dogs, i can't imagine how much

kale he can throw down. it's like an entire farm's worth of kale he'll be able to jam down his gullet. all these people that want to get you healthy, they want you to live forever so they can constantly tell you what to do. leave me alone! i want to eat a hot dog. i don't want to eat your kale. you're going to come in with a speech therapist and correct my death rattle. lay off me! >> i agree with you, miller. my makeup artist, she has stuff, i'm like, is that food? why don't you eat the wallpaper. finally in china, lady gaga has been listed as a hostile foreign force by the chinese government. >> i think she met with the dalai lama and they're not going to let her into the country. imagine that's the reason you don't get let into the country. you can show up somewhere in a dress made of meat you can get into the country. by the way, i'm not going to the kale eating competition.

i'm going to a competition where the asian kid is eating lady gaga's dress. >> it's worse than that. dalai lama is taking on tony bennett's place and they're going on tour with lady gaga. nice to see you. ♪ i left my heart in nepal >> no, he's in tibet. martha mccallum on deck. another police shooting, this one in louisiana. martha is next. fall in love with a new daily fiber. new mirafiber from the makers of miralax. it's the only fiber that supports regularity with dailycomfort fiber. so unlike others, mirafiber is less likely to cause unwanted gas. love your fiber. new mirafiber.

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37-year-old black man, and that is leading to racial tension. >> police say they were dispatched after an anonymous 911 call. when they arrived, two officers confronted 37-year-old alton sterling and things escalated. this video, reportedly shot by a witness from inside a car, and not verified by nbc news, shows what happened next. it shows the two police officers tackling and wrestling sterling to the ground. what happens next is not as clear. the camera turning away from the incident. seconds later, someone can be heard saying "he's got a gun" followed by audible gunshots. >> now with more information, martha mccallum. so the man who was killed, right, did he have a gun? >> we don't know for sure. the owner of the store claims that he saw the police hold him down and that after the shooting

they pulled a gun out of his pocket. we also know that the caller who called in claimed that the man in the red shirt who was selling the cds had threatened him with a gun. >> i don't know what the cds thing is. >> he was selling cds and his wife said that's what he did. he was in a shelter, a transition shelter. he did five years in prison. his priors include marijuana possession, resisting arrest, and in 2000, he was convicted of one count of carnal knowledge with a joouvenile. >> do we know anymore than that? >> we don't at this point. we know that there were cameras. there's a camera inside the store, there's a dash cam. the word is that the cameras that they had on the officers were dislocated during the altercation. we don't know if that video is going to be good or not. we have to wait.

we have to be very careful. but those are the facts as we know them. we know he suffered severalguns. that comes from involved, they' suspended. >> they have been suspended, that's standard operating procedure for anyone involved in an incident like that, one is a four-year police officer, one is three years in baton rouge. >> those are the facts. we'll follow the case, legal will look into it. you know, we want to be fair. >> the justice department has already opened a civil investigation into this. >> the feds are already down there, so that's a good thing. >> that's fine. >> you want all the top investigators down there. all right, in baltimore there have been a few looters, remember, after the freddie gray incident, massive looting in town. some of them have been prosecuted, and the latest one really got hit. roll it. >> prosecutors say 20-year-old donte bets was the key player in

the riots, looting, setting fires, and even attacking police. squirting lighter fluid on a pile of propane cylinders, this infamous photos was one of many that went viral. the man in the picture will now spend 15 years behind bars. >> wow, 15 years, huh? >> 15 years behind bars. they had photos and video of him, he wrecked police cars, also looted a pharmacy there, but it needs to be mentioned he also in this same charge included in the 15 years is that he shot a woman, did not kill her, during a drug deal. she spade 20 for heroin, he claimed she owed $40. >> he's a drug dealer, took advantage of the freddie gray thing to commit even more crimes. there have been others convicted, how many others? >> four others convicted and a couple more in the pipeline, but they are clearly sending the message they want these to be dealt with very seriously, and this young man didn't deny it at

all. he said this is my moment to go wild on the police. that was his quote. >> he didn't plea not guilty? he said he did it. long rap sheet, obviously, a drug dealer, right? >> he has prior convictions, as well, drugs and assault. >> martha maccallum, everybody, thank you, we appreciate it. back to present day, thomas jefferson, was he a good guy or not? the tip moments away. constipated? trust number one doctor recommended dulcolax use dulcolax tablets for gentle overnight relief suppositories for relief in minutes and stool softeners for comfortable relief of hard stools. dulcolax, designed for dependable relief

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tip of the day, analyzing thomas jefferson in a moment, but first, hundreds of folks signed up for billo'reilly.com premium memberships yesterday because they want two things, analysis you don't see on tv by me each day about the presidential election, hillary clinton's situation. that's in the no spin news each day. also all p.m.s get 20% off all of our stuff. in addition, you get a free book

when you sign up or re-up, check it out, no better deal around. jeff daniel oceanside, california. put the kool-aid down and get real. comey is not credible and he's not honest. end of story. end of story for you, jeff, because you've appointed yourself judge and jury, but for those of us who live in the real world, where mind reading is not evidence, things get a bit more complicated. mark of sarasota, florida. i'm willing to give james comey the benefit of the doubt regarding his honesty. he did serve up hillary's lies on a platter for trump. o'reilly, excellent talking points, just unbelievable that she was not charged, but i admire the democrats for sticking together. blind loyalty not admirable in my opinion, victoria. i see many democrats playing the greater good card this year in the race between clinton and

trump. key points posted on billo'reilly.com from last night. todd withholding his last name. bill, it has become quite apparent that you are a shill for the rino establishment. apparently, you are bought and paid for, too. so, i'll keep it pify, todd, you are an idiot. why don't you buy a big medallion with a big "i" on it for idiot? jerry smith from texas, i submit a line from george orwell on the clinton situation, "all animals are equal, but some animals are more equal than others." tim newell, bend, oregon, my question is, how to explain the justice system to my grandkids. one name, o.j. simpson. american justice system is flawed. stay out of the system if you can. robert gout, bill, you said

president obama is a role model. please explain. glad to, robert. there is a difference between policy and private behavior. mr. obama has presented himself very well as a responsible parent, a good dad, a loyal spouse, and concerned about people who need help. he has presented himself well on all of those fronts. linda wright, decatur, alabama, we watched legends and lives the patriots and then traveled to boston for vacation. the freedom trail really came alive after seeing the show. excellent, linda. if you're thirsty in bean town, it's not soda there, it's tonic. that's what they call soft drinks, tonic. like a foreign language. and finally tonight, the fact and tip of the day. the sunday fox news series dominating the ratings once again last week. highest rated show on all the

cable news networks for a saturday and sunday of the entire weekend. now, this coming sunday we'll take a look at thomas jefferson, samuel adams, and the deck declaration of independence. >> you've been one of the main instigators of the drive for independence, after all. >> i will not. you should do it. >> why me, sir? >> because, as you said, we new englanders instigated the drive for independence, therefore, a virginian ought to be seen at the head of the business to avoid alienating the south. and you can write far better than i. >> hear, hear. >> all right, that's john adams and franklin talking to thomas jefferson. very interesting stuff.

one of george washington's officers tried to assassinate him. got to work that in, too, sunday night. check out "legends and lies: the patriots every sunday night 11:00 p.m. eastern time. that is it for tonight. now, tomorrow we have a survey about republican americans and democrat americans hating each other. hating. and why. okay, so it's very interesting. spent a lot of time on this writing it up, and i think you'll enjoy it, so please check out the fox news factor website tonight. if you wish to apply word of the day, write to the factor. if you say do not be a pecksniffian, you are grammatically incorrect and i'll have to come to your house. it's do not be pecksniffian.

as someone once told me while holding a giant ruler this thick. again, thanks for watching us tonight, i am bill o'reilly. please always remember the spin stops here, so definitely looking out for you. breaking tonight just over 24 hours after the director of the fbi recommended no criminal charges for hillary clinton and the u.s. attorney general declares that the investigation into mrs. clinton's e-mails is officially over. but congress says not so fast, demanding that both james comey and loretta lynch step forward and answer questions. good evening, and welcome to "the kelly file," everyone, i'm megyn kelly. tomorrow we'll see the first of two high profile hearings as a republican-led congress demands to know how an fbi investigation can find secretary clinton did so much wrong in the handling of top secret information but does not qualify for prosecution. but even before the questions begin, team clinton is dismissing