dvr the show and above all stay tuned for bill o'reilly. he's up next. ♪ ♪ ♪ ♪ >> hi, i'm jesse watters in for bill o'reilly. thanks for watching us tonight. let's get right into our top story. germany still reeling after that deadly truck attack christmas market in berlin. isis is taking credit for the attack leaving former new york city mayor rudy giuliani to slam president obama's foreign policy legacy. >> he is going out of office leaving us a world much more dangerous than the world that he was given. he was given a stable, i wouldn't say stable but relatively stable iraq. certainly not. >> stable enough for him to feel good about pulling the troops out. >> stable enough so that he could have reduced the troops. he never should have pulled the troops out.

that was pulling the plug. that opened the whole thing. >> joining us now from santa fe with reaction, new mexico governor bill richardson. former u.s. ambassador to the united nations. so, governor, you disagree with rudy giuliani's assessment that president obama has now handed over president trump a very dangerous world and he himself was handed a relatively stable middle east. do you disagree with that? >> well, i do disagree. although i would have thought rudy giuliani would have been a better candidate for secretary of state because he is respected abroad for his national security and counter terrorism credentials. but, no, i think president obama was elected. the american people wanted to get out of iraq. that wasn't working. and he fulfilled that commitment, i don't believe that isis came from that

decision. donald trump wanted to get out of iraq. that was one of his campaign platforms. so i disagree with rudy. i do think president obama had a sound military and diplomatic strategy to defeat isis. but isis is around. they're dangerous. they are still there, jesse. >> right. i know that the american public wanted to get out of iraq when president obama was elected. but they did not want to leave iraq so isis could take over because what happens now 30 different countries, they launched attacks in the u.s. homeland. the europeans streets are filled with blood now. and it's not a safe place. syria is in civil war. yemen is in civil war. libya is a failed state. you cannot say the president obama kept things stable in the middle east, you can't say that. >> look, it's turmoil. disaster area:

president-elect trump wants to defeat isis. he wants to destroy them. i'm for that and i want to give him the benefit of the doubts. he is not in yet. you can't really criticize anything that he has done specifically. what i worry about, jesse, is what he is saying that this is a clash ofivizations. propaganda by making this a contest between the muslims and the west. and isis and muslims, most of those that are killed are muslims. isis kills them. and what we don't want to do is become a propaganda tool for isis by making this a clash of civilizations between christians and muslims and isis. >> i do see what you are saying that this extreme rhetoric you believe leads to terrorist ryu criewght more effectively but i would argue that president obama by twistin twisting himself into

pretzels and not labeling it islamic extreme by basically emptying out gitmo saying that is the way to tamp down on recruiting has not work because sis has ranks under president obama's historical aproposal wouldn't you agree with that. >> i think, jessie, what is the difference between ohm's holy and trump? they poet wants to destroy isis. >> i think president obama wanted to contain isis. i haven't heard president obama and seen president obama troop try to destroy isis. >> i think the worry that i have it can't be a military solution. >> i agree. wrote need to bomb them military palms and need germany hear probably one of the strongest military powers in europe enwhat i'm

concerned about talking about a clash of civilizations. by saying that isis is edges streamest group which it is and not talking about prod democrat muslims we are going to need. moderate muslim countries to fight isis. in the united states to help us root out potential ice sit sympathizers in the united states that were working against our purposes, but the reality is president obama. he is not in yet. i want to see what comes out of this military policy. all right we are going to bomb them more. i accept that i think that build a coalition you have got to have germany with us. and right now you know isis has targeted germany because it's one of the most targeted country for muslims. we need angela merkel and she is being weakened by terrorist attacks and by us

saying listen, what isis is saying is let's bring those muslims in to isis and they are doing that by using simplistic language and then when we talk about a clash of civilizations, donald trump, that feeds into isis. >> you want donald trump to be less honest about the enemy is he trying to defeat. >> i do understand that but i disagree with it let's talk about germany really quickly here. what's happening in germany is the result of the migration crisis that was started by president obama not enforcing his own red line. he said he was going to do something about it he didn't do anything about it we sat by and watched humanitarian crisis unfold. we sat by and watched death after death after death app aleppo and syria. take all these refugees in no way to vet these people. merkel has taken them in and

president obama's to take more in to this day. is he still opening up thed thed mr. gates. isn't this a correct result of the vacuum of power in this president has created in syria by not doing anything about it? have you people coming in willy-nilly you couldn't check them? first of all, a lot of the security points. >> it doesn't look very tight. governor. attacked seven times this year. the problem, jesse, the problem has been assad in syria, he has cause caused this humanitarian crisis of millions coming in into europe. germany allowed a million in. what are you going to do with refugees? they are dying he are pleaing from political persecution. >> you have got to listen we want to be humanitarian, we want to keep people safe. but not at the expense of our own citizens. governor, i have got to run.

thank you very much. i really appreciate it? >> all right. >> next on the rundown, the left continues to be in full freakout mode over president-elect trump. are there three at tricks just hurting their own cause? we have a debate coming back. ♪ ♪

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on the impact segment

tonight continued the president-elect formerly secured his victory over the electoral college. liberals from saying wild things about the president-elect. >> i think we do have to regard this as not a normal presidency. you know, some people say oh, well, it's just -- we have had conservative pompous narcissistic presidents before. this is not normal. this is really dangerous. and we have to resist. we have to have a peaceful resistance. but, also, individually we need to boycott trump products. >> joining us now from houston sarah floor reds, former deputy campaign manager for carly fiorina's presidential campaign and in washington, d.c. david goodfriend, a democratic strategist who served in the administration. david. >> yeah. >> democrats not very good at winning but looks like not very good at losing also. since their defeat they have

rided, they have called for recounts they have threatened the electoral college people. they have blamed russia. they have blamed fake news. now they are trying to disrupt the inauguration. shouldn't you guys start focusing on winning instead of whining? >> well, that's a nice send up but it's not -- >> -- thank you. >> what i'm observing. here in washington, what i'm observing is senator tammy baldwin of wisconsin, senator sherrod brown of ohio, senator tab no senator stf michigan signing letters to president trump saying we wanting to work with you on the following issues, infrastructure, punishing companies for sending jobs overseas. they are willing able and ready to work because they know what their states needs. >> that's a gooded in. >> question is whether donald trump and leadership in congress will actually come through on promises. will we see infrastructure spending on roads, bridges, airports? will we see manufacturing brought back? i mean, republicans run everything now. the when you say, the house, the senate, it's on them.

you have got democrats like tammy baldwin, like sherrod brown, willing, ready and able to work with the incoming president. i think that's actually a hopeful sign. >> i actually think that's smart politics instead of trying to protest this guy and be the party of no, which they accuse the republican party of being for the last eight years, when you can cooperate with donald trump, i think they need to do that. or else they are going to be in deep trouble. sarah, do you think that the left is panicking because they have been shut out of power worse than they have been since 1928 or do they fear that president trump could be so successful that it could really banish them into the electoral wilderness? >> frankly, i think they have been acting entitled. they thought this election was theirs when donald trump won. they felt like it was taken from them. when, in fact, if you look over the last 8 years and they have lost over a thousand state house seeds. 1 governorships, 13 senate seats, 69 house seats, this wasn't a one off election. what democrats have done

which i think is just politically dumb, real dumb, is they have reacted to it by, again, looking backwards with this entitlement attitude that i don't think will help them in 18 when they have so many senate states up that donald trump won. so this recount, pretending that the electoral college doesn't count anymore, hike there is no u.s. constitution all of a sudden. trying to make this, again, the clinton campaign participating in the recount. it's a huge, huge mistake on their part, again, looking to 18. >> this can't be good for the democratic party brand. i think you would agree with that david, you said something earlier. >> may i respond? >> sure respond to sarah. >> sure. look. some of the biggest, most important states in this country are run by democrats. california, illinois, new york. talk about bombing success story. you look at minnesota, versus wisconsin, wisconsin my home state where republicans took over running everything now,

democrats run minnesota. which state is doing better economically? minnesota. in the states we are going to see plenty of examples where democrats, progressives policies actually work for everybody and we can hold that up against whatever it is donald trump is going to do. we don't really know. we don't know what he is going to do. >> i think when president obama tried to split the republican party in half, he tried to separate the tea party wing from the more establishment republican traditional wing. >> they got rid of boehner. i think it worked. boehner was run out on a rail. >> now you have paul ryan so sink your teeth into him. donald trump split the democratic party in a way you just described. you're going to see rust belt democrats, manufacturing democrats, and pennsylvania, ohio situation, maybe come on to the republican party platform where it comes to trade. >> to work with trump. >> jobs and manufacturing. you will have the loiss and warrens add on this fringe left wing and that's going to be damaging. wouldn't you agree, sarah?

>> oh, absolutely. by the way, to hold up california as an example of democratic policies, let's do it. >> booming state. >> highest poverty rates in the nation. it's been exporting jobs to texas. my home state for a decade. >> texas has been losing to california for a decade. california is crushing texas. california is crushing texas. >> highest poverty rate in the nation. so that's what -- >> find out who is the better state. but very funny debate. thank you guys very much. directly ahead. new documents from the hillary clinton email case have been made public. new debate over whether the trump administration should reopen the investigation into her. we will analyze the situation up next. with advil, you'll ask what bad knee?

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>> factor follow up segment tonight, should the trump

administration prosecute hillary clinton? a federal judge yesterday unsealed the search warrant that showed agents were concerned classified information on hillary clinton's private email server made it to anthony weiner's computer. weiner is the estranged husband of clinton aid huma abedin. currently under federal investigation for sexting with an underaged girl. president-elect trump raised the alarm about the situation during the campaign. >> uma is getting classified secrets. she is married to anthony weiner who is a perv. no, he is. he is. do you think there is even a 5% chance that she is not telling anthony weiner now of a public relations firm what the hell is coming across? do you think there is even a little bit of a chance? i don't think so. >> joining us now from washington, john flannery a form are federal prosecutor and from palm beach gardens florida dan bongino a former secret service agent and radio talk show host.

so flannery, you just have to admit that president-elect trump was correct in his assessment about anthony weiner. does it pain you to admit that trump is correct? >> yes. that her husband was a perv? i didn't think that was the question. >> no, that there was information on weiner's laptop. >> well, there was no probable cause to get a search warrant. that's what we know now that we have seen the search warrant. and we now that comey violated the very order they sought which was to keep mum about the investigation. and within days of getting a court order, saying they weren't going to talk about it, is he talking about it everywhere within days of the election. and then finally they didn't find anything. >> let me just stop you there. >> okay. >> so the fbi guys are looking into weiner's laptop because is he secting some teenage chick and they find out probable cause that there are communications, probable cause to look. >> no, no, no, no.

>> communications potentially between huma abedin and hillary clinton. you don't want hillary's communication anthony weiner's laptop. you don't want that, right? >> whoa who, wait a second. just going back to our boy trump, the man-child. >> whoa, flannery, can you please be nice to president-elect trump. it's president-elect trump to you. >> no. not to me. to you. >> have some respect. >> i know. is he not my president-elect. he is accident suspect -- cy. >> deport you flannery. >> a couple people can see it so it's not going to be a big secret. here is my point. both hillary and abedin both had security clearances. they are allowed to communicate about these things. number two, they had the identification of the 2000 or whatever less number of emails that were in question and all they had to do was they can it with the ones they investigated during the summer. a short time later after the

election -- just before the election they said yes, they are duplicates. >> i know. >> there was no probable cause to committed search. >> flannery okay with miller's classified information on weiner's laptop what do you say? >> with all due respect to john he is completely embarrassing himself on one of the largest cable tv shows out there. i didn't interrupt you, john. >> i interrupted you though because you insulted me. >> flannery, let him finish. >> thank you, john. well, listen, i'm sorry you are embarrassing yourself and that's why i'm on the segment to call you out on this. >> there you go again. just answer the question. >> flannery we will have to cut your michael la o'reilly if you don't shut your mouth. let him finish, please. >> exercise control. >> i have complete control. >> exercise a modicum of self-control. >> you are a liberal you

don't have self-control. >> flannery, flannery. >> i think you should take a chill pill, dan. >> we will cut your mike if you don't stop talking. he will talk and you respond. >> i would be glad to do that. >> jesse, if you actually read the search warrant which i did preparing for this segment, you will see in the search warrant that they clearly lay out the fact that classified information had been exchanged before between huma abedin and mrs. clinton as john said before. but john's leaving out the critical component of that. it wasn't done over a government system. hello. that's the whole component of the -- john was a lawyer for the government and is he leaving out the one component of the story. that's the actual crime. come on. you are a lawyer. >> crime requires intent. it requires. >> enough with the lilaing. >> let me ask john a question. john -- >> -- yes, sir. >> for the democrats to complain constantly about russia hacking this election, it's funny, it's

kind of like when you leave your door at home unlocked and you complain about getting robbed. because all of this information was unsecure. it was in a homeroom server. it was on anthony weiner's laptop. john podesta handed over his password to a hacker. come on, you are just giving this stuff away. you can't complain about it afterwards. >> jesse, it's the only system that was not hacked. >> oh, really. >> her system was secure. >> you know that for a fact? >> they never got anything from the system. >> that's not what comey said. there was not probable cause to belief foreign entities hacked her server did they not. >> they did not hack her server. they hacked the dnc server and emails. >> you don't know, flannery. >> they hacked podesta's email. they did not hack her server. >> that's what you think. all right. >> no. that's what i know. >> flannery thank you very much and john, i appreciate you dealing with flannery. plenty more ahead as the factor moves along this evening. wal-mart stopped selling a controversial black lives matter t-shirt due to police

pressure. did the company go far enough? and the youtube star claims he was kicked off a delta flight for speaking arabic. is he telling the truth? we hope you stay tuned to those reports. t stare at me. see me. see me. see me to know that psoriasis is just something that i have. i'm not contagious. see me to know that... ...i won't stop until i find what works. discover cosentyx, a different kind of medicine for moderate to severe plaque psoriasis. proven to help the majority of people find clear or almost clear skin. 8 out of 10 people saw 75% skin clearance at 3 months. while the majority saw 90% clearance. do not use if you are allergic to cosentyx. before starting, you should be tested for tuberculosis. an increased risk of infections and lowered ability to fight them may occur... ...tell your doctor if you have an infection or symptoms... ...such as fever, sweats, chills, muscle aches or cough. or if you have received a vaccine or plan to. if you have inflammatory bowel disease, tell your doctor if symptoms develop or worsen.

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>> news headquarters i'm jackie ibañez in new york. a europe wide manhunt is underway for the suspect in the christmas market attack in germany. suspect identified as anis

amry you can see him right there. he had been kept under surveillance for six months earlier this year. is he accused of ramming a stolen truck into the market crowd killing 12 people and injuring dozens of others. snow and cold temperatures making for a brutal exit from aleppo, syria. hundreds of rebel fighters and civilians swaddled in thick blankets were bused out of the war ravaged city earlier today. paves the way for bashar assad control after four years of fighting syria's largest city. killed more than 450,000 people and displaced millions. i'm jackie eye pan yes, sir, now back to the reporting livback to the o'reillyfactor. >> the unresolved problem segment tonight, more black lives matter controversy. yesterday wal-mart announced it would no longer sell these shirts on its website. as you can see they say bullet proof black lives matter. wal-mart made the decision

in response to a complaint from the fraternal orderly of police who claimed the store was, quote, profiting from racial division, unquote. however, the website is still selling black lives matter t-shirts without the word bullet proof. joining us now at election ferrer. circuit judge also a former police officer. and in washington, d.c. jimmy levay a radio talk show host. so, you understand why police officers would not like this t-shirt, bullet proof which when it comes to pleart. they believe it's inflammatory and belief it actually hurts their ability to do their job effectively on the streets. do you understand their concern about the t-shirt? >> actually, i think that their concern should be that a shirt that says bullet proof has no kevlar content whatsoever. that's false advertising. the fact of the matter is police are not concerned about what a t-shirt in

wal-mart has to say about anything. police officers are there to protect, to serve, and frankly, this is a huge distraction from issues that really matter. a t-shirt, come on, an officers is not concerned about well what t-shirt was he wearing when the 911 call came in? >> no, it's not about the t-shirt that the perp or whoever was wearing. it's about profiting off merchandise which insights hatred towards police. you can see why bullet proof would do that. don't you agree that this searcshirt is a little provocative and might cause concern among police departments? >> you are speaking to me. >> yeah. i'm speaking to the judge now. >> of course. i guess it's a matter hough whose ox is being gored. if you are a police officer, of course you find it offensive. the black lives matter group, unlike a lot of other people, i don't find black lives matter to be offensive in any way or racist because they only focus on black

levees or because they don't focus on black on black crime. they only focus on their perception of police on black crime. i could start a group called hispanic lives matter and only focus on hispanics been injured by german shepherd owners. that's just a group i founded. however, the problem is that their -- i disagree with their premise. their premise is police officers are unfairly targeting african-americans. that's that is simply not true. it's not supported by any fbi statistics. the harvard professor who conducted the study determined to his surprise he actually admitted that the statistics show that it is not in any way a an increase of shootings of blacks by police officers. and it supports the study by washington state that shows that whites are more likely to be shot than blacks not based on population but in shoot don't shoot scenarios. in narrative black lives matter putting on that shirt bullet proof hey cops are all shooting us here is a shirt that says bullet proof. that's why cops are offended by the t-shirt. i thinks with right for wal-mart to say we want to

sell t-shirts. they sell blue lives matter and all lives matter t-shirts. >> they can sell whatever merchandise they want. >> take off the bullet prof. i think that was right. >> that's their -- whatever they want they can do. it's a private company. so, jamila, black lives matter not on a great run recently. i'm going to read some things that they have been caught up in. okay. chanting for dead cops. a protester. >> allegedly. >> in ferguson. >> on tape. a supporter killed a kentucky cop. an activist was busted for human trafficking. hold on, let me finish, there is more. one of the leaders says that police officers are committing ethnic cleansing and then a louisiana black lives matter protester knock as police officer's teeth out with a bring. seeing august that can you understand why police officers aren't thrilled with the idea of wal-mart selling a t-shirt with the word bullet proof on it with

relation to black lives matter? these aren't great people. >> well, here is the thing, my friend. >> yes, my friend. >> you have to keep in mind. and i do want this to be a conversation of people who want to be, you know, upfront about the fact that we american citizens have the right to free speech. that also means that we have the right to buy shirts with inflammatory staples on them. to be honest, i don't really understand bullet proof when there is no kevlar in the shirt. >> let me stop threw, would you be upset if they were selling a t-shirt which people thought was encouraging violence against women? >> yes, i would be. >> you would be. >> absolutely would be. >> even if they were protesting wall matter and asking wal-mart to take the shirts off the rack? >> any individual. any group that is not the government, the fop as they are agents of the state, police officers work for the people of whatever jurisdiction they happen to be founded in or whatever. when the agents of the state

get involved in speech, i've got a problem. when police are saying you can't say that, i've got a problem with you saying this, that, and the other. >> sure. >> and we police officers don't like it. i go whoa, wait a minute, that is contrary to what our first amendment guarantees up here. >> i understand it's a constitutional issue, i will give you a chance to respond, judge. >> it's to the a first amendment. the first amendment protects free speech. only parental it from fraternal police i couldn't knows not a branch branch of the government. individual police officers and bargaining and negotiating of their contracts in that respect they represent police officers as a group and they try to get wal-mart to take something off that's offensive for police officers. >> difference is not distinction. >> very much is when you are dealing with the law. that is not actionable. it has anything to do with free speech. wal-mart was right to take the shirt off because it was offensive to some segment of the population.

>> let's all go to wal-mart and buy some t-shirts. thank you very much. when we come right back, illegal immigrant deported 8 times still on the run after a fatal hit and run in louisville, kentucky. what does that say about america's immigration laws? that report after these messages. but at bedtime... ...why settle for this? enter sleep number, designed to let couples sleep together in individualized comfort. sleepiq technology tells you how you slept and what adjustments you can make. she likes the bed soft. he's more hardcore. so your sleep goes from good to great to wow! give the gift of amazing sleep. only at a sleep number store, save $400 on the c4 mattress, the lowest price of the year! learn more at sleepnumber.com know better sleep with sleep number.

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inflammatory bowel disease can happen with taltz. including worsening of symptoms. serious allergic reactions can occur. now's your chance at completely clear skin. just ask your doctor about taltz. thanks for staying with us, i'm jesse watters in for bill o'reilly and in the second factor follow-up segment tonight, the consequences of illegal imforeign relation. earlier this month. the factor told you about this man, miguel, a 40-year-old illegal immigrant wanted for killing two innocent women in a fatal hit and run in louisville, kentucky. he had been deported from

this country 8 times before that crash. now is he on the run. jessica vaughn for the center for immigration studies discussed the case on the contributing factor podcast. >> the first problem is that he is able to get back in all those times after being deported. and that's an indication that our border is not particularly secure. there are very credible studies that have estimated that half of the people who tried to cross illegally are going to be able to succeed. >> joining us now from chicago to respond, steve cortez a member of the trump campaign hispanic advisory council and from washington, ali nurani author of the forthcoming book "there goes the neighborhood." so ali, i will start with you, you have this guy miguel doe ported eight times. he had a rap sheet in and out of a bunch of different studies. killed two people in a hit and run.

you are saying you do not want the federal immigration authorities who snow about. >> first of all, our thoughts and prayers go out to the family two young people killed in tragic accident. it's an awful, awful thing. the best way to make sure that individuals like this who have made it to the country, that they're found by federal immigration enforcement. a shrink the haystack of the 11 million undocumented so they are valuable law enforcement force can pursue individuals like this. best way to do that make sure they have a path to legal status. pass a criminal background check and ultimately paying their taxes. >> your strategy is to shrink the haystack. in order to prevent something like, this all you have to do if you are a municipal official and the guy comes through the booking unit pick up the call, hey, feds, ice, this guy is imlegal. he is not here. he just committed a crime. why don't you go pick him up. that's all you have to do. >> you are absolutely right. we need to tighten our

communication between local law enforcement when somebody has been brought in to the facility and has been convicted of a crime, that person should be run through the databases and if they're here illegally and committed a violent crime they should be removed. >> not after they are convicted of a crime. when you are brought. in when you are booked. when you are arrested for a crime. call up ice, say this guy is not here legally. you might want to put it a detainer on him. listen, steve, you agree this is solve being. thisolvable. this is easy. preventable tragedy. i don't know what ali is talking about. >> it's solvable and it must be solvable. let me tell you about this too. what is interesting about this terrible tragic case also elm policemennatic that the victims happen to be legal hispanic immigrants. by the way, who are most terrorized by illegal immigrants? generally it's legal immigrant communities. it's cops. it's not people like, by the way, i live in chicago where mayor rahm emanuel proudly

post bos that we are going to have a sanctuary city. rahm emanuel is guarded by 24 hour taxpayer provided police protection. he doesn't have to live with the consequences of having dangerous people hiding in plain sight who often terrorize american communities and by the way many of them people with names like cortez and ramiro. he doesn't have to live on the beat who have to deal with consequences. one of the reasons why donald trump won. we are sick and tired of americans who have elites make policies that might benefit them but they don't have to live with the on the ground ramifications of those policies. >> ollie, steve makes a good point here. one of the reasons that contributed to the democrats losing take americans jobs, commit crimes. don't pay any taxes and then get special treatment by the government where law abiding tax paying citizens are left

out to dry. >> every police officer and deputy sheriff in the country takes an oath to serve and protected their community. worked with over 100 law enforcement officials across the country, i have toured the border with them. what they tell us to a person is that the best way for us to serve and protect their community is to have the trust of the entirety of their community so, as soon as local law enforcement starts to ask jose for immigration status, if jose is undocumented. they are not going to report a crime. so, yes. >> ali, the people that represent the border patrol, actually endorse donald trump for the first time ever and is he against sanctuary cities so there you go. >> all right. >> for more on the story access the full contributing factor podcast by producer robert samuel on bill o'reilly.com and itunes and quick reminder killing the rising sun bill's big best seller makes excellent

christmas gift. also bill's kid's book "give please a chance is number one in its category. go to bill o'reilly.com. become a premium member and you can get any book free. and when we come right back, a popular youtube star says he was kicked off a delta flight because he was speaking arabic. was it just a hoax? we will assess the situation when the factor returns after these brief messages.

>> in the personal story segment tonight, an internet personality known for making hoax videos now claims he was kicked off a delta airlines flight in london this morning because he was speaking arabic in a phone call to his mother and a friend. here is what adam saleh claims happened. >> we spoke a different language on the plane and

now we are getting kicked out. >> that's insane. >> now we are getting kicked out. we are getting kicked out because we spoke a different language. this is 2016. 2016. look, delta airlines are kicking us out because we spoke a different language. because we spoke a different language. thank you so much. >> you guys are racist. i cannot believe my eyes. i cannot believe it i spoke a word, a different language and you said you feel uncomfortable because i spoke a different language. i can't believe my eyes. >> why are you. >> because we spoke a different language. >> why is that so upsetting? >> are you serious? i'm about to cry right now. we said a word in a different language. that's why people are against us bearded men? >> delta says it is investigating the incident. but saleh's version of the story is already being disputed by other people on the plane. joining us now for reaction in los angeles is brian clay claypool civil rights attorney and wendy patrick a

trial attorney. i just want to clear the air here in the spirit of full disclosure. i am a gold medallion member at delta. very close to platinum medal yum. i want to put that out there so no one can say. >> so am no one can say i'm in the tank here. but if you look at this guy's track record, he is a notorious hoaxster. he has done this numerous times and the play book seems to be, make white americans look islam phobic. so when something like this happens, and you only see half the video, you kind of have to wonder what's really going on here. now if you're on a plane and 20 people complain that you're being a disruptive force and it making those 20 people feel uncomfortable, doesn't it make sense that this person might be contacted and might be asked to leave the airplane?

>> it's a balance of safety over sensitivity. and you know, brian and i are usually in court with he said-she said. this is he said/they said. 20 people said this man creeited a disturbance. this is where delta will value safety or sensitivity. they don't tolerate discrimination. they also don't tolerate disruption. i would want to see more of the story before making a conclusion this n this case. >> jesse, calling your mom on the phone was a disruption? >> maybe they were having a fudge fight. maybe mom was mad he wasn't coming back for the holidays. you don't know what happens because there is no video. you don't even know if he was talking to his mother and people on the plane dispute he was talking to his mother. you don't know, do you? >> look, i looked up the motto, jesse. you probably know the motto for delta air lines. their claim is the most trusted airlines in the world.

their new motto should be the most insensitive airline in the world. this is about two things. two words. racial profiling. no question about it. there are no red flags at all jesse leading up to people reporting, for example nothing raised a red flag through security. nothing he did other than talking on the phone raised a red flag. remember the shoe bomber case? i could see if someone maybe saw him fiddling around with a lighter or his ankle. but, no. people just reported him because he is speaking arabic. this sets race relations back 50 years. >> brian, you don't know what happened because you weren't on the plane. and you also don't know what happened because there is no video of what happened until after the incident. so for you to make all these points like you know exactly what happened, you don't know. why don't you let the facts come out before you jump to conclusions like 20 racist people on a plane got this guy

booted. right, wendy? >> what we should be doing now instead of finger-pointing, we should be fact-checking. what was the disturbance these men created that caused 20 passengers to say they felt uncomfortable? because the three of us don't know that and the investigation is continuing, it is impossible to know whether delta was, was it a culture of respect, as they say, or racism as he says. in order to find that out and find out whether or not they did violate their motto as brian says, we have to learn the rest of the story just like we would in a real court. we are trying to stay in the court of public opinion. should be tried in a court of law. >> this looks like it has the potential of being one of those fake news stories that gets picked up, goes viral and the next day we find out what happened happened and everyone has already moved on. but we got run, thank you very much. i will see you in the sky lounge. up next on "the factor." another outrageous comment from

lena dunham. you won't believe what she said this time. directly ahead. my business was built with passion... but i keep it growing by making every dollar count. that's why i have the spark cash card from capital one. with it, i earn unlimited 2% cash back on all of my purchasing. and that unlimited 2% cash back from spark means thousands of dollars each year going back into my business...

which adds fuel to my bottom line. what's in your wallet? same nose. same toughness. and since he's had moderate alzheimer's disease, the same never quit attitude. that's why i asked his doctor about once-a-day namzaric. (avo) namzaric is approved for moderate to severe alzheimer's disease in patients who are taking donepezil. it may improve cognition and overall function, and may slow the worsening of symptoms for a while. namzaric does not change the underlying disease progression. don't take if allergic to memantine, donepezil, piperidine or any of the ingredients in namzaric. tell the doctor about any conditions including heart, lung, bladder, kidney or liver problems, seizures, stomach ulcers, or procedures with anesthesia. serious side effects may occur, including muscle problems if given anesthesia; slow heartbeat, fainting, more stomach acid which may lead to ulcers and bleeding; nausea, vomiting, difficulty urinating, seizures, and worsening of lung problems. most common side effects are headache, diarrhea, dizziness

loss of appetite, and bruising. (man) dad and i shared a lot of moments. now we're making the most of each one. (avo) ask about namzaric today. in the back of the book segment tonight, in another outrageous comment from a far left darling. actress lena dunham is under fire for saying on her pod cast that she wished she had an

abortion. >> so many people i love, my mother, my best friend bb have had abortions for all kind of reasons. i feel so proud of them for their bravery, for their self knowledge and it was a really important moment for me then to realize that i had internalized what society was throwing at us and i today put had to put it i garbage. now i can say i still haven't had an abortion but wish i had. she later apologized saying it was a quote distasteful joke, u unquote. washington, d.c. is crystal wright who blogs at conservativeblackchick.com. i have to admit, i watch the show "girls." it is fawny shoa funny show. she is a quirky girl. intelligent. but now she has reached the disturbed zone. i almost feel sorry for her. do you think there is something wrong with her? i think there is something wrong with her. >> i think there is something

very wrong with lena dunham. she is basically saying in order to be a modern day feminist you have to get pregnant and kill your baby through abortion to fully experience a pro choice movement. really? and this isn't the first time jesse we've seen weird things from lena dunham. when she was seven years old, she looked at her sister's vagina -- i'm not going to say other unsavory things she did when she sat next to her sister at seven years old. she sounds perverted. pure evil. i don't know how you describe it. she talks about garbage, what is coming out of her mouth is garbage. >> yeah and certainly it does not help, the pro choice movement, when you have some radical militant feminist trying to be icon come out and say these things then have to apologize and clarify afterwards. i think everybody wants abortion to be rare and safe and it is a very personal issue and a very

delicate issue. when you come out and frivolously say, oh, yeah, i wish i had one, it is the whole pro choice movement -- >> i don't know any woman who goes around saying she is happy and smiling that she had an abortion. and what's distasteful is that lena dunham thinks it's okay to joke about abortion. and some women actually have to have abortions because of life-threatening situations. so let's not, what you said, i want it to be rare. a rare occurrence. you know, i'm not going to get into the debate about abortion. but it is a life inside you. and what she should be doing if she want to empower women, with choices, is to say, hey, birth control, abstinence or adoption. that's empowering. >> i don't think she has that much influence among young women. thankfully. and crystal, she has no influence over you. thank you very much. >> no. >> thanks for watching.

i'm jesse watters in for bill o'reilly. please remember the spin stops here, because we are definitely looking out for you. >> break tonight, new evidence that a european immigrant may have played a major role in the terror attack in berlin. and growing concerns that u.s. could be next. welcome to "the kelly file." i'm sandra smith in for megyn kelly. today authorities identifying a suspect in this week's apparent terror attack at a christmas market market as a tunisian immigrant in his 20s, already on immigration radar. even worse apparently supposed to be deported months ago. the paperwork hadn't gone through. at the same time, there are growing concerns tonight, that the u.s. could soon become a target. one man who personably interrogated