year. ♪ ♪ ♪ i'm eric bolling in for bill o'reilly. thanks for watching us tonight. we're going to jump right in to our top story. is president obama trying to undermine president-elect donald trump? dozens of russian diplomats are now packing up to leave the united states after president obama gave them 72 hours to get out. it's part of a slew of sanctions and penalties the obama administration is hitting russia with over charges of harassment and hacking into our voting system. after hinting at retaliation, russian president putin surprised everyone today by saying he will hold off for now and late today president-elect donald trump tweeted this: great move on delay by v.

putin. i always knew he was very smart. russian sanctions along with america's refusal to block an anti-israel resolution last week at the u.n. are part of a series of last-minute actions biobomb matha some republicans say are aimed at hurting trump's presidency. >> i have never seen a president try to create more problems for a future president. first, he double-crosses israel. and after many times and many other presidents, vetoing the condemnation of israel for taking the settlements, he doesn't and creates lack of leverage for israel and the united states in trying to trade land for peace or try other negotiations in the last hours of his presidency he completely double-crosses one of our biggest allies. and now after 18 months of this hacking, he does something about it. why didn't he do something about it 18 months ago? >> meanwhile, democrats are saying this is all nonsense and that it's trump who is interfering with obama's

presidency. >> barack obama is still the president of the united states. what is unprecedented is a president-elect to get involved in decisions that a sitting president is making. >> um-huh. >> that is unprecedented. >> joining us now for reaction in washington is simon rosenberg a former clinton campaign advisor floor reds a republican strategist. simon start weatherbug. is president obama using a scorched earth exit strategy from the white house? >>. no and you know, he is still the president. i think donald trump can handle all of this. i have been a little surprised at the whining coming from the trump campaign. i mean, this is minor stuff compared to what he is going to be dealing with as president. he can't get this upset when people -- when things don't go his way and whether we. [talking at the same time] >> i have got to grab you and pull you back in here for a second. >> yeah. >> i think donald trump if anything has been down playing it whereas most of us on the right have been watching this happen. you talk about israel and russia and talk about the

oil and gas banning all drilling, it seems like he is throwing a lot of stuff at trump right before he leaves. >> yeah. but he is still the president. this sparst the pace of governance. this is how it all works. look, the real issue here, right, all the stuff is going to go away in a few weeks. john mccain is going to have hearings next week on the russian interference in our elections. this is a big issue. and i think what we'll be talking about, eric, in a few weeks, is trump's refusal to join in people like paul ryan, john mccain, marco rubio, lindsey graham in recognizing how serious this russian interference in our election has been. this has been very disappointing to me. >> i don't disagree with you those people that you mentioned, those republicans you mentioned are looking for more sanctions on russia. sarah, i will ask you. is president obama trying to push the divide between the trump presidency and those who have been kind of anti-trump leading up to the trump presidency? >> well, i think there is no doubt that barack obama wouldn't be taking these actions if hillary clinton were about to give her inaugural address.

this is about protecting president obama's legacy. he is deeply concerned now that donald trump will come in and do what he promised, which to undo all of these disastrous regulations, policies, foreign policy in particular who is trying to throw dust in the identity theft transition team while they are trying to assemble a government. now they are going to have this chaos on january 20th to deal with. by the way, this wasn't a small and minor thing to israel. this is existential to israel. this idea that these are small nitpicky things is just untrue. >> let's stay on israel for a second, simon. two days ago on this program, i suggested that this u.n. resolution that we failed to veto, in america, was going to offer currency. political currency to the palestinians, today we learned the palestinians are saying israel should be sanctioned, look at the international community. look at the u.n. sanctions. >> listen, we're not going to resolve this debate on this show in the next few minutes. and reasonable people can disagree on this. and i just want to say in defense of barack obama, barack obama just signed a military aid agreement that's the largest in the history between the united

states and israel and he had fewer -fewer-he allowed fewer bd u.n. resolutions to get through than any modern american president. >> he has one left, simon. he had 24 days to go when he let that one go through. >> reasonable people can disagree on this. barack obama's legacy, friend or foe to israel? >> oh, foe to israel. democrats are lost blue collar workers now and i think they are about to lose the jewish community as well if they continue to show their true colors on this which is that they are deeply anti-israel and siding with terrorists over israel. that's how anti-israel they have become. this was insane vote to abstain from. if we actually find out that they were working with other countries to bring this vote in the first place and make sure that it would pass, i think that will be it for the democratic party in 18 when it comes to the vote. >> i agree with that simon? >> i definitely don't agree with that barack obama, there have been both bushes

allowed far more anti-israel votes to go through the u.n. than barack obama has done. we have got to make our case though. the point is that we have got to make our case as democrats about our position in the middle east. i have no doubt that jews are going to stay with the democrats. >> why is that, simon? explain that to me. help me out here. >> l >> if you are not pro-israel and netanyahu and israel says what the heck are you doing, president obama, and democrats in america? why is the jewish vote so democrat in america? >> the bond between israel and the -- >> -- and insulting b.b. netanyahu. >> go ahead, simon. >> israel and the democratic party is very strong. the bond between the democrats and b.b. netanyahu isn't. we have a disagreement with the leader of israel, but not with the people of israel. these things happen among friends. it's happened before with evidence other american president. and i think the right is exaggerating the divide between the democrats and israel right now for their own benefit. i just don't agree with you, eric. >> i don't expect you to agree with me but, sarah, let's talk about what this

u.n. resolution did. it embold and gave power. what jew is happy with that? >> well, and for nothing in return. the palestinians were asked to provide nothing. israel is always the one asked to do more and do more. look, what i just heard simon say is exactly what the hillary campaign said about michigan voters, wisconsin voters and pennsylvania voters. democrats are on defense in 2018. they have got about 10 democratic senators up for re-election. and trump won states. so they can keep assuming that they're going to hold on though these voters but, boy, they keep losing them right and left. >> quick thought, simon before we go, last one? >> listen, we got more votes in this election than the republicans did. don't count the democratic party out of in 2018. i look forward to coming back with both of you many times. >> there is still a heart beat? >> still a heart beat. >> clear? clear? not yet? simon and sarah, thank you very much. next on the rundown, president-elect donald

trump, russia and congress, what becomes of all those sanctions once donald trump takes charge moments away. 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?

>> in the impact segment tonight, what will president-elect donald trump do about russia as dozens of russian diplomats scrambled to leave the united states after being given the boot by president obama, donald trump still seems to be taking a wait and see approach to how he want to handle charges how russia hacked our elections. here is what reince priebus told us on the factor last night. >> the president-elect put out a statement and he said, look, it's time to move on to bigger and better things. also, nevertheless, we're going to be meeting and he is going to be meeting with intelligence officials next week to talk about this report and find out the details of exactly what happened, how the investigation took place. and maybe at that time our maybe later eagle have a

response. but right now we're just not in the position to sit here and respond to all of these details before we have a full blown intelligence report on this particular matter. >> but many observers say the evidence is clear as day. >> 17 intelligence agencies have determined that the russians attempted to influence our elections. that is terrifying. and what's even more terrifying is that the incoming president wants to move on from this enormous geopolitical risk and domestic risk to the united states. that is really scary. >> and mr. trump may find opposition from both democrats and republicans if he tries to reverse the president's sanctions as many lawmakers on both sides of the aisle think they were long overdue. joining us from jacksonville republican congressman ron desan tis a member of the house foreign affairs committee. and from pal at toe societyberg. deputy advisor to president

clinton. both of you before i ask you a question i want to make it clear. this is a debate we keep having. everyone believes if russia did in fact hack and effect the outcome of our elections it's a bad thing and they need to be sanctioned. i will start with you, congressman, don't we need to have the hard proof, the evidence first? >> well, i think it's also important to know what they're actually accused of. they did not hack into our voting systems. they hacked people's emails who were involved in the political process like john podesta. it's important, it's noteworthy. but it really follows a long string of cyber security attacks that they have been launching, that their agents have been launching against our government, against businesses for years and years. and now all of a sudden just as he is leaving office, president obama issues sanctions which i think really don't amount to much because if you look at a lot of those entities, many of those entities don't even have u.s. holdings. i think the practical effect of the sanctions will probably be very small. i think it's more of a symbolic act because there is a lot of outcry from

members of the democratic party and there is an attempt to tie what russia did to donald trump's victory saying that if russia hadn't done that somehow hillary clinton would be president. i don't think that's accurate. but i do think we should hold russia accountable. >> and i think we all do. so, ambassador, your thoughts on the sanctions so far i will paraphrase here, vladimir putin has basically said yeah, whatever. and promised not to retaliate right away. >> well, i think president putin is hoping that he will get a sweet deal from the incoming president elect trump. which i don't think is going to happen. this will be a bipartisan agreement that we had to stand up to blatant interference in our election pro-selective leaking, trying to influence the election and hurt hillary clinton. qui don' -- we don't know what the outcome of the election how it affected but blatant invasion of our sovereignty and i think the president obama is has taken the right action. i think it will stand. president trump will look at it but clearly the right

thing to do. i wish it had happened earlier. this is not the first time we have sangsd russia. there were tough sanctions when they invaded crimea. it's a by tart san issue. if president trump decides to try to lift that he will have a very quick bill in congress passed with a veto-proof margin. these sanctions will stay. >> congressman, listen, i saw lind senator lindsey graham and john mccain say they were going to lead the next push in congress to lead the sanctions before they know in fact what evidence that the 17 agencies allegedly have. >> well, yeah, and then i think it's also important to point out, i mean, russia has taken so many actions during president obama's presidency adverse to our interests. they sent advanced air defense systems to iran. they made incursions into the ukraine. they harbored edward snowden who gave up a whole bunch of state secrets. so the obama administration really did very little to combat a lot of that so now going out the door, he is trying to do. this so, congress, look,

we're going to d deal with it strong support for holding russia accountable. i would note one of the things we did in this past congress was authorize lethal aid for ukraine. the obama administration did not want to go down that road. >> ambassador, i'm scratching my head a little wit. bit. the sanctions were expel 35 diplomats and close down two what looks like to be consulates or embassies that they figure there may be spying going on. i'm scratching my head because i'm wondering why we didn't do it 8 years ago or six years ago or when we actually did know it. >> first of all, i think we have taken very tough stance against russia throughout the obama administration. i think the odd thing here is why donald trump thinks that president putin is a good leader. he is a thug that's basically destroying his own democracy and threatening his neighbors. and i will put money on the fact that early on in the trump administration president putin will test him. maybe it's something with nato. maybe it's something with the baltics. ball bal

baltics. i think in a way step by president obama is a gift to the incoming trump administration because he doesn't have to act on it right away. he can say it's happening. he may think he wants to lift those sanctions and his new secretary of state is on record as not liking sanctions. i think they are proportional measure to a very blatant hacking of our election season system. the impact we won't ever know. i think it was an appropriate stance to go back and say president obama has not stood up to russia is just simply doesn't relate to the facts repeatedly sanctioned them. >> the reason why that dialogue or that debate is going around is because of the two things. when he sent hillary clinton, when president obama sent hillary clinton over there, and promised a re-set with the russians and then later on when president obama himself said hey, listen, after re-election, when i have more flexibility, we can work some things out.

it didn't seem like there were a lot of teeth in the actions against russia. let me ask the congressman this though. the difference going forward is russia's economy is on the verge of collapse. oil prices have almost ruined russia. they are not in a position to get very tough with president-elect donald trump and why would they want to, in fact? >> yeah, and my advice to donald trump would be look at how obama really bent over backwards to try to be nice to russia. how they basically took advantage of that understand putin's psychology. if you're strong and you're forth right with him. i think we can generate better outcomes. i think when he sees weakness, that's what he preys upon. in the start of the obama administration one of the two things he did in 2009 was remove our missile defenses from eastern europe. that sent a signal and i think putin acted accordingly ever since. ambassador? >> i just don't think that does not comport with facts and donald trump is going to try it a re-set and find it

doesn't work either. the russian policy with this administration has been strong defending our interest. >> why are you so negative on this. what's your indication, i mean, donald trump -- >> -- negative on what? >> on the incoming trump administration. you said vladimir putin is going to test him. he didn't test obama. >> for donald trump has repeatedly praised vladimir putin, who has invaded two of his neighbors, locked up opposition, assassinated his opposition and is a threat to many of the united states interests in that region. we have to be tough with them and that's what obama has done. and president trump can try and re-set the relations but reality will quickly. >> meanwhile these things have happened under president obama. i have got to go. last quick thought. >> i think you will see a donald trump coming very close to reevaluating movies statement he said during the campaign on russia and getting real and being tough as well on a very ruthless leader, president putin. >> very good debate. congressman and ambassador, thank you very much. directly ahead, some

provocative words from an arizona congressman who wonders if russian hackers did the media's job for them. we'll debate that in a moment. ♪ no matter how the markets change... at t. rowe price... our disciplined approach remains. global markets may be uncertain... but you can feel confident in our investment experience around the world. call us or your advisor... t. rowe price. invest with confidence.

if it's true maybe it was a public service. >> i'm all for doing what's necessary to protect the election here. but there's no suggestion that russia hacked into our voting systems or anything like that. they, if anything, whatever they might have done was to try to use information in a way that may have affected something that they believed was in their best interest. but the bottom line, if they succeeded, if russia succeeded in giving the american people information that was accurate. then they merely did what the media should have done. with us know strategist former consultant department of homeland security, welcome gentlemen, start with you. so, the media takes this. president obama says hey, we have proof. we have 17 agencies saying we can't tell you what it is

but trust us and the media goes, you know what? it must be right. must be true. and they buy it hook line and sinker. >> it's the overriding theme that we have seen since november 8th that everybody but hillary clinton lost this election for her. right? and this time it's russia. we had recounts. i mean, you could go on and on. >> james comby. >> james comey, right. the bottom line is. >> voting booths. >> thank you. you are helping me out here. >> alt right. i mean. >> it went on and on. >> every week there is a different theme. the bottom line is hillary clinton did not have a coherent message during this campaign. ask anybody at the new year's eve party tomorrow night what was hillary clinton's message what she was going to do in washington except donald trump is a bad guy and is he inco-tent vote for me. put donald trump on an elevator what was donald trump's message let's see build a wall on the southern border. we are going to have better trade deal with china and mexico. we are going to keep jobs here and keep companies from

leaving and destroy isis. that's it. he had a message. hillary clinton did not. that's why she lost, rick. >> and tell me about this media being complicity in this whole russia story. they are not asking the questions whereas we are finding out things through weeks or whatever that the media didn't ask. >> well, look, put the election results aside, a foreign nation, russia, you know, came and hacked a democratic party server, leaked information to try to alter our election. that this notion that that's not a big deal and that president-elect trump is not talking about this and not acknowledging this? when 17 intelligence agencies have talked about this? >> right there. right there, right there. 17 agencies had talked about this. have not shown the proof or the evidence. >> that's my point. >> 13 page document from the fbi was just released. >> i saw it, i read it. >> you read it, so then you know.

>> no. but they didn't show the evidence. they said this is what we believe is the evidence. >> but they didn't show us why they believe that i'm sorry, joe, go ahead. >> are you kidding? are you kidding? >> no. they are not. >> i read exactly what they are offering but they are not offering exact evidence. they don't want to show how. >> this was the key showing evidence. >> missouri, show me, joe. >> let me stop you. here is the bottom line. yes, even if the source is russia, right, and as you said. >> it is russia. >> all right. most likely that's true, right? >> it is true. >> all right. we take -- okay. so we take that at face value. here is the bottom line. >> thank you. >> that if i'm oa news producer or broadcast news producer or editor, is the information authentic? has it been dismissed by the parties that were injured? john podesta, the dnc? no, it has not. the bottom line is that you could not like the source or where it came from, but it was news worthy stuff.

we had information in there that showed that the dnc was trying to destroy the campaign of bernie sanders. we had donna brazile when she was an employee of cnn sharing debate questions in advance. those are serious things that need to be reported on. >> look. it's the information that's embarrassing. fine, great. it's information that's embarrassing, right? >> you are missing a greater point. you are missing a greater point. >> a foreign power is trying to intervene in our election to elect somebody that favors policies that are favorable to them you are making that leap. you are saying here -- these agencies say that they believe that the russians were getting involved in information gathering. but you're making the leap that it actually changed the outcome of the election though. >> look. i'm not making the leap. i'm stating facts. donald trump has basically said that he was okay with the crimea invasion. he didn't even recognize that. he said that it's okay for us not to support our nato

allies if they didn't -- if they didn't pay their dues. i mean did not -- he has basically said that vladimir putin is a great as early as early as yesterday or early as today tweeting that vladimir putin is a smart guy. these are factual statements and you have to acknowledge that. >> of course. those are in fact factual statements but the leap that it actually changed the outcome of the election is the leap of faith that you are taking that i as a media person would like to see more proof of. more evidence of. i'm sorry, joe. >> i was about to say that the bottom line is that russia did not write these emails. russia did not say in one email that hillary clinton was going to take $12 million from the king of morocco that she wanted open borders. all of these things are authentic real facts that needed to be reported on and instead the media excuse me, stop, i gave you 45 seconds. you could give me 20. all right. the media trumped on every

tweet. those were news worthy items that didn't prevent hillary clinton from campaigning in wisconsin which she never about before the election. the fault son her. it ♪ on russia and not on all the things that eric brought up before as far as excuses. it just seems to be another excuse, another narrative to delegitimize the election of donald trump. >> and let me just. >> trump is president-elect. >> one more thing here before the election, all these emails, remember this was nonevent. democrats saying there is nothing in them. there is nothing outrageous in them. not going to mean a darn thing to the election. are a she loses, it's the reason she lost. look. donald trump is president-elect. we accept him as the president-elect. but the fact that russians have hacked into this is important because there is an election that's going to happen in france. there is an election that's going to happen in germany. what you don't want is russians intervening in democratic countries

undermining democracies. this is important. >> not just this election. other elections and we have done it with other elections as well. the u.s. has. >> you know what, guys -- >> -- it is important to stop that. >> i agree it is and we all agree with that. at the end of the segment. >> and therefore, we have to take action. and we have to come together as a nation. we have got to put our country's interest before politics. >> absolutely. gentlemen, we are going to leave it right there. plenty more ahead as the factor moves along this evening. two of the most infamous leakers of sta secrets asks the president for a pardon. kimberly guilfoyle is on the case. drivers license by illegal immigrants, does this fly in the face of federal law? we hope you stay tuned to those reports. microscope, microscope, we can see all the bacteria that still exists. polident's unique micro clean formula works in just 3 minutes, killing 99.99% of odor causing bacteria. for a cleaner, fresher, brighter denture every day.

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this is your tax return. ok. now, there are many right ways to fill out this tax return. and the irs will accept them all. one of them gets you the most money back. isn't that the one you want? that's the one i want. that's the one you want. mmm... you touched all these. don't just get your taxes done, amy. get your taxes won. >> live from america's news headquarters i'm patricia stark. right now the search kins for a small private plane which went missing while flying over lake erie.

the plane vanished for radar soon after taking off from the airport in cleveland. no sign of debris has been found. it was piloted by the ceo of a beverage company with his wife and children on board. a neighbor and the neighbor's daughter. the group just left a cleveland cavalier's game. stocks capped in 2016 with growth in the year. three major averages seeing double digit leads. worse start to a new year. border patrol arrests up 23% this year. arrests include those attempting to include the border illegally and threats to national security. more than 416,000 arrests made inside. i'm patricia stark and now back to the o'reilly factor. forever all your headlines log on to foxnews.com. >> in the is it legal segment tonight, should president obama pardon bradley and chelsea manning

bring the issue of hacking and cyber security to the forefront. clemency. he is wanted on flown charges for disclosing the nsa collection program. serving a 35 year prison term for disclosing hundreds of thousands of classified and unclassified documents to wikileaks. joining me now my co-host on the five is kimberly guilfoyle. k.g., you and i may see differently on snowden. i look at him as a whistle blower, you may not. you may or may not agree. >> we have taken different positions a little bit on this on the five. you think he is a whistle blower. i think he is somebody who should be prosecuted for what he did in terms of turning over the secrets that are important and relevant as it relates to national security here. so then the question remains how does president obama see it obviously a petition forward to get reprieve prior to president obama's eminent departure.

i think he is going to have a very tough time justifying pardoning snowden. keep in mind snowden ran to russia. so with the additional confrontations and relations with russia not so great right now between the current administration and the kremlin, i think that this one doesn't have favorable optics. so i'm going to say denied. >> denied. one we will probably agree on is manning. i don't see him as a whistle blower. i see him as a leaker, treason news leaker, clemency denied. >> outright denial. >> and obama, will president obama. >> i thought you just meant for me. >> what about obama? >> i think that the president will not agree to this. it is not a favorable case. really not much upside. not something that in fact that is he going to move the ball forward on any kind of legacy, on any kind of constituency in the problem for manning is, you know, looking she is looking at tremendous amount 35 years.

>> another one, bo bergdahl. bowe bergdahl discussion whether he should be granted a pardon. >> interesting and compelling case in terms of the optics for president obama. this is a case where he has actually upside. if bowe bergdahl doll does not go to trial and the president does, in fact then we won't have the benefit of listening to any kind of cross-examination where all the facts and details of his capture of the people who lost their lives during the time looking for him, two of those specific cases before the court to allow that information to come in. all of that would become then relevant, probative, subject to cross-examination, and, therefore, public disclosure. this is a very messy situation for the president. you remember the glamorous rose garden ceremony with bowe bergdahl's parents there and father sporting

the long beard. i think there is a chance for clemency approved. that's what i say. i do think it should be denied? >> on one hand judge guilfoyle, on one hand five years in custody of the bad guys of the enemy. >> that's what the president will say is sufficient. >> on the other hand, there are people who are probably likely have died searching for him while he where, he walked off the base voluntarily. >> correct. this is someone who felt he was acting like a disdebt and conscious objector to the way he was being treating to the army to the military. those were his reasons. because of his actions he put other people's lives in danger and those who lost their lives. this is why i think he should not be granted any kind of clemens but nevertheless, the argument is he has suffered enough with the years in captivity and being held by the taliban. again, that was self-imposed. >> what's the law? can the president grant anyone clemens? county president pardon anyone for no matter what --

how heinous the crime is? >> look, there is pretty much wide latitude for president to be able to do this. and we already saw and we covered on is it legal of the largest number of commutations, granted and clemenss with by this president. so it's pretty interesting. those are some for violent drug offenders. >> crime he can pardon. >> it's supposed to meet some certain, you know, criteria, not to be a sky lent offense. we showed that he was even granting it and approving it for people with narcotic offenses where weapons were used so there has been a little bit of, you know, fluidity and looseness to the rule. >> what are you doing tomorrow night. >> so i don't know what are you doing? >> want to hang out for three hours. >> happy new year. >> times square? >> exactly. i think it's going to be fantastic. you know. we're going to do it again. we're back together. i ddynamic duo. activate form up all-american new year's eve special. we hope that everybody joins us. we're certainly going to

look like we are having fun like last year. celebrate with all of you. >> the weather is not going to be too bad. my cooperate after all. >> absolutely. this is like the epicenter. this is where everybody's wants to be. this serve's bucket list. they want to be here new year's eve and times square. we will take you all. >> right in the middle of times square this year? >> in the middle of it. we're not in a safe space. going to be there with all kinds of microaggressions but we're going to showcase it all for you. >> all live. >> all live. >> what can possibly happen with live tv? >> absolutely nothing. >> looking forward to spending new year's eve with you. coming up next, would you believe that nearly a million illegal immigrants in california have drivers licenses and it's all perfectly legal there? does that fly in the face federal immigration law? we'll debate it up next. ♪ ♪

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800,000 in california alone. there are 12 states that allow illegals to have drivers license, make the case for that. i think it sounds like it shouldn't be going on. but i say differently. >> absolutely. thank you for having me and happy holidays. the intelligence thing to do

for the california lawmakers why for two reasons. economic reasons and for security reasons. economic reasons. california business owners are going to be very happy because those people that are working for them are going to be on time. not only that then they will not be free loaders. if they are not free loaders, they will be paying taxes. if they pay taxes they won't be parasites to the community. an on top of that, california transportation system is not going to be burdened. that's the economic side. on the security side, 3 million people will come out of the dark. you will know their names. their addresses, their last names. their faces. date of birth. you will know their -- you will have their thumb prints and country of origin. you will spotlight terrorists. >> secretary, your thoughts on what ms. salazar works out. the security reasons not too bad, right? >> no. because the federal law on

this was passed in response to the 9/11 commission report. the 9/11 commission knows a lot more about security than you or me or elvira. their recommendation was that illegal immigrant should not be getting drivers licenses, not because of driving, because drivers licenses are more than for driving, they're the basis of national identification system. we don't have a one national i.d. card. we have a system that's decentralized and run by the states. what the federal law says, congress pulled its punch, actually. it says that states are allowed to do this only if the card for illegals is obviously and clearly different because you're not supposed to use that card for getting on an airplane or entering a nuclear power plant or other federal uses. what california did, the obama administration conspired with california to create an illegal alien drivers license that is

almost indistinguishable. it's supposed to be obviously different but it's not. you need a magnifying glass to be. >> i should say something. >> to tell the difference and that is not in compliance with federal law. >> but it hasn't. because that drivers license that is going to be given to those 3 million if they were to apply right now there is 800,000 and counting, it says federal limits apply. meaning. >> which means nothing. >> won't be able to vote. >> which means nothing to a tsa person checking it or sheriff's deputy in oklahoma pulling over a speeder. it is designed to look exactly like a license. you need a magnifying glass to tell the difference. google it go online and they have pictures of the two versions. >> federal immigration. >> yeah, obama's d.h.s. said it was okay because they want illegal immigrants to get drivers license. they agree with california. >> hold on a second. go ahead, elvira. >> independently whether you are in favor or against

illegal immigrants in this country, i'm sure that the new administration will deal with that it's due time. i think right now what's happening right now. right now you will be able to have identified. >> he will virus remarks allow me and i was trying to figure this out all day. in california there are sanctuary cities. you have a drivers license. you may not be within the municipality of a sanctuary city or town. when you exit that, and you are pulled over by a state trooper, what happens to you? and you're illegal. >> if you are illegal, the state trooper has two choices, he can arrest you and take you and you can be in a deportation process. but more than that, i think the sanctuary cities are granting those drivers license to this illegals is basically is just to protect the functioning of the state of california. that's why lawmakers are doing it. >> are you suggesting function without the illegal immigrant population. >> well, you have an invincible workforce that is maintaining some of the manufacturing, some the

construction. so agricultural in that state and that's for them to decide what to do with these people. >> working illegally. >> mr. kerkorian last thought. >> absolutely they are working illegally, yes. >> they are working illegally and getting drivers licenses that the obama administration and government basically colluded to subvert the federal law and to give illegal drivers licenses that are regular people from regular drivers licenses that should not be allowed to continue. >> why don't you go one state beyond. >> elvira, mark, thank you so much. straight ahead, did you know that the actress bo derek once appeared in a film with president-elect donald trump? we have uncovered amazing scene. ms. derek joins bill in the no spin zone when we come right back. as a control enthusiast, i'm all-business when i travel...

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>> in the factor flashback segment tonight, a hollywood star focusing her energies on saving animals. the illegal hunting of endangered species happens all over the world. elephants for ivory, horns and finns.

illegal trafficking all over the world of the she recently sat down with bill in the no spin zone. >> what has happened here, i follow this a little bit. i know what you are trying to do. and with the state department is trying to do is scourge people from big to d people from buying the ivory, from buying the shark fin or whatever the do pey thing is. these animals are being wiped out. but what happens is the peta people, they become sofa gnat call and so crazy, like you can't wear fur and can't do this or that, can't have a burger that a lot of people turn this off. and i think that's hurt your cause. what say you? >> i agree. i think sometimes what i'm trying to do -- i limit my efforts to, first of all, issues i can truly understand. i need a solution, i need hope. and i think a lot of what they do makes us feel hopeful and afraid to move.

i don't like being put into their category. wildlife trafficking is a $10 billion to $20 billion black market and with it comes all of the crime, the death and destruction anything that goes along with any black market. i worked with a group called wild aid that uses the influence of famous people, pop icons and they do these really slick ad campaigns in asia, particularly, because that's where most of the consumption is. and after ten years there's been progress already. shark fin consumption is down 28% in china just because someone like jackie chan telling you this is not good. and i don't blame the poachers funny enough. i think that the person who buys the ivory or has a bowl of shark

fin soup or has a tortoise pair jewelry trinket they're responsible. >> i do blame the poachers as well. you know this. i've been to africa. these are brutal guys. they'll kill you if you're between them and the ivory, you're dead. >> it's true because it's only because there's a bounty on the animals. >> they're both responsible. but i think it's good that you are guilting people and raising awareness that you don't need the ivory and you don't need the stuff from endangered species because it is fostered now a murderous industry. now we have to shift gears. you're a rather conservative woman. and i'm not going to get into your politics personally. but back in 1989 you started a movie called ghosts can't do it.

and many ghosts picketed you and were everywhere. >> yes, yes, yes. >> all that. but in the movie was a cameo with one donald trump. >> yes. >> roll the tape. >> in this room there are knives sharp enough to cut you to the bone and hearts cold enough to eat yours as hors d'oeuvres. >> you bet your sweet little [ bleep ]. >> you're too pretty to be bad. >> you noticed. >> that was anthony quinn, wasn't it, in the background there? >> yes, it was. >> so at that time did you know trump? did you know who he was? what was the interaction on the set? >> i had met him a couple of times. i got a call that he wanted -- did we have anything in the movie we were making. it was a weird film, didn't quite come together the way we planned. but he was wonderful. he was fun to work with and

we're retained an acquaintan acquaintanceship since then. >> were you happy to see him elected president. >> i was curious about the whole election, but he seems to be the man the people want right now. in general i do like an insurgent in someone who's not establishment. >> you want somebody from the outside to shake it up. you want to drain the swamp. >> it's the idea i like. >> if you drain the swamp, there with gators down there. >> no kidding. >> we're not buying no shoes. >> he's been helpful already in a foundation he set up in the galapagos island. >> trump is on board in protecting the animals and the environment? >> he has been and i look forward to working with him. >> we appreciate you good work on behalf of all of the animals around the world. thank you. >> thank you so much. bill o'reilly would like to thank you for making his book

"killing the rising sun" the best selling book of the year. go to billreilly.com and become a member, you get any one of his books free. and my book "wake up america" is a great read. a patriotic nway to start the nw year moments away. taking a holiday in britain, are ya doll? well, the only place you need go... london's got the best of everything. cornwall's got the best of everything. sport sport nightlife nightlife (both) fashion adventure i'm tellin' ya, britain is the only place you really need go. expedia. everything you need to travel britain better.

zplo and before we leave you tonight we want to remind you that the new year's fudn does nt end on new year's eve. this coming sunday on fnc, bill o'reilly presents a brand-new episode of legends and lies, the patriots. in a speak peeneak peek, there rest for george washington. >> thank you martha. >> you said you were done with all of this business when you retired. >> trust me, martha, i'm not going anywhere. >> though the war is over, the young nation still needs washington's leadership to keep it from falling back into chaos.

he's called back into service first to help create a new constitution. and then to become america's first president. >> to serve, protect and defend the constitution of the united states. >> on the surface winning freedom from british rule unites the 13 american colonies as one nation. but the founding fathers still have conflicting ideas on the future of america. before their shared values can define a new american identity, they must fight a bitter war of words, one that pushes the country to the brink of collapse. >> and don't forget to check that out. it's a great way to start the new year. that's it for us tonight. thanks for watching. don't forget to ring in the new year with me and kimberly guilfoyle tomorrow night in times square. coverage begins at 8:00 p.m. i'm eric bolling in for bill

o'reilly who will be back on tuesday. please remember that the spin stops here because we're looking out for you. breaking tonight, vladimir putin responding to obama administration efforts to punish his country for meddling in the election but not the way you might think. the russian leader mocking the president's actions as irresponsible diplomacy and issuing forward thinking well wishes to president-elect donald trump. welcome to "the kelly file." i'm sandra smith if for megyn kelly. one day of president obama orders sanctions and the expulsion of 30 rush hand intel operatives from the united states, president willed mere putin downplays it saying, although we have if rating