"take chances, make mistakes, that is how you grow. pain nourishes your courage. you have to fail in order to practice being brave." thank you, brave mary. we miss you already. ♪ open >> bill: "the o'reilly factor" is on tonight. >> the secretary of homeland security working with myself and my staff will begin immediate construction of a border wall. >> bill: brick actions today on the illegal immigration front. not only is the wall going up but sanctuary cities may be going down. >> cracks down on sanctuary cities, and powers i.c.e. officers to target and move those who pose a threat to public safety. >> bill: tonight, "the factor" will have extensive analysis of president trump's executive orders. >> we are lucky to have donald trump step up for the most important job in this country. >> bill: also, ahead, some left-wing americans will never

support trump. will right-wing americans ever criticize him? we also you look at that. >> bill: caution, you are about to enter the "no spin zone" ." "the factor" begins right now. ♪ >> bill: hi, i am bill o'reilly. thanks for watching a tonight. big crackdown on illegal immigration. that is a subject of this evening "talking points" memo. fulfilling a campaign promise, president trump has ordered the immediate construction of a wall on the southern border. and not only that. >> our order also does the following period ends the policy of catch and release at the border. requires other countries to take back their criminals. they will take them back. cracks down on sanctuary cities. and powers i.c.e. officers to target and remove those who pose

a threat to the public safety. >> bill: mr. trump sending two executive orders earlier today, which send a signal, a strong signal, that illegal immigration is going to be dealt with in a very aggressive way. to explain further, catch and release is a policy reads are needed by president obama, where those sneaking across the southern border could ask for asylum and almost immediately be set free. sometimes, handed a bus ticket that you and i paid for two andn address anywhere in the usa. few of those released i have a richer and further court hearings. that policy was a scandal. now, it is finished. secondly, the sanctuary cities, as you know, have openly defied federal law for decades. now, federal funds may be denied to those places. so, on day three of president trump's first week in office, he sent shock waves through the liberal communities. also, mr. trump is calling for a federal investigation into voter fraud, where he alleges that millions of illegal aliens are voting. that's a good thing, the

investigation. we should know if fraud on election day is real or not. also, the president has informed the city of chicago that if the murder epidemic there doesn't stop, federal authorities will intervene. another good thing. that intrusion is likely to happen as illinois governor bruce and chicago may mayor rahm emanuel will not stop the brutal gang killings. they just won't do it. which have taken thousands of innocent lives. how that situation has been allowed to go on for years is another scandal and perhaps the most vivid illustration of racism "talking points" is ever seen. so, president trump is acting quickly and according to a presidential tracking poll, americans are taking notice. today, the pole has 57% of likely u.s. voters approving of donald trump's job opponents, 43% disapproval. it remains to be seen, however, whether a border wall will be effective, whether stationary cities will finally obey the law, and whether ending the catch and release program will slow down illegal border

crossings. but at this point, strong federal action is being taken. no question about it. that is the memo. now, for the top story tonight. is it "kate's law" next? as you may know, "the factor" was instrumental in proposing a law that would improve tough, mandatory, federal criminals who defy deportation. case "kate's law" was sabotagedy the vineland sanitary harry reid but will not be introduced. joining us from philadelphia, congressman steve king, who is parting the law and the house. senator ted cruz during the same thing in the senate. where are we on the "kate's law," senator cruz? >> good evening, bill. it is good to join you. kate's law, as you noted in the last congressman voted up for a vote, the house of representatives passed it and the the the senate democrats filibustered it. we got three votes in the senate the last time around. i hope and believe we will bring it up for a vote again, but this time we will have a president unlike barack obama, a president who supports it kate's law,

supports a mandatory minimum sentence of at least five years in prison for aggravated felons who illegally reenter this country. it was named -- it was named after kate steinle, who you shined the light on so powerfully, the terrible story s murdered by a career criminal, who kept coming into this country over and over and over again. kate steinle should never have been killed. the laws made sense. >> bill: seven times. this low-level drug dealer came back seven times after being deported six times. why do you think, senator cruz, that barack obama, president obama, didn't get behind the law? >> well, unfortunately, president obama had an awful lot of congressional democrats support illegal democrats. >> bill: this is violence. this isn't illegal immigration. >> but they don't distinguish among them. the obama administration repeatedly released a violent criminal illegal aliens. they released rapists. to bill, i was done with a

border at mccallum a couple years ago and i was visiting with border patrols and sheriffs and law enforcement, and was right after the presidential election. and the degree of relief of these men and women who risk their lives trying to keep this country safe because in a border patrol, for eight years, they hl leadership telling them, don't do your job, you will be punished for doing your job. i think that changed on january 20th. i think today's orders were an example of strong leadership from president trump. >> bill: now, congressman ken, you are a hero, too come along with senator cruz, because you are driving a slot on the house. it won't have any problem in the house, it is a senate where they are going to have to get a few democrats over, which i grew senator cruz, it will happen. joe manchin will come over, a few others will come over. where is your bill, congressman king and senator cruz's bill and senator grassley is a hero, too, is it compatible, have you guys reconcile the? >> it is. we are reconciled on the language.

it has happened before that the senator cruz and i have matched up on legislation that just by, i was a proper instinct, rather than planning it. we came together on this in that fashion. the last congress retired, i picked it up verbatim and introduce it into the congress. we are gathering signatures now. i didn't check the numbers, but they are growing in its early. a server and the judiciary committee, it is natural for me to take it up. and it passed the congress 241-179. we have a president who is calling for it. i'm confident it will pass the house and probably fairly early. >> bill: i was going to say, senator cruz commode is a time frame on this? >> i hope sooner rather than later. >> bill: are attacking commode weeks, months? what are we talking? >> that is going to be a decision for mitch mcconnell. i am certainly pressing for the vote as soon as possible. that we have ten red state democrats who are up for election and states in 2018 that

donald trump carried. i got to say come if you are a red state democrat, you can to be thrilled about the prospect of a voting in favor of letting in career criminals, especially when you have a president of the united states who is going to be shining -- of course -- >> bill: just think about it. think about it. do you have got a violent, convicted criminal, convicted here in the united states, not in bolivia, all right, and you deport them at our expense, and he comes back, and you don't want to put him in jail for five years? what? why? it's insane! >> it is exactly right. but bill, the last congress, the head of the immigration enforcement unit under obama was testifying at the senate judiciary committee and i asked her a simple question, i said, how many murders, illegal aliens with homicide convictions, did dhs come of the obama administration, released this week. she said, i don't know. i'd ask, how many rapists.

she said, i don't know. i said, how many people committed an aggravated assault and she said no. that is crazy, the answer should be zero, zero, zero. i hope and believe with this new president, new administration, they are not allowing violent criminals -- >> bill: congressman king, i just hope the democratic party and the reps in the house would join if the republicans. you know, just put up and say, look, enough of this madness. we are going to do the right thing. we are going to come together and passed kate's law. the steinle family at least would have that. last word, congressman king. >> jim and liz steinle deserve our prayers and to the action of united states congress, the house and the senate. i know that when jim testified before the house judiciary committee it was heartbreaking, and the courage that brought him to that congress to deliver that story of his daughter being shot in the back end up dying in his arms commode when i saw that happen in the first news, i sent out a tweet that said "this will

make you cry." thinking of it even this many months past, that is what it does. we have got to step up and serve this. it is not 124 families are so that are grieving here. it is thousands of families altogether over the years. >> bill: and americans who are grieving. >> i hope that congress hears that plea and answers us. >> bill: okay. all right, guys. you are doing great work and we really appreciate you coming on tonight. next on "the rundown," we will respond to the executive orders today on illegal immigration. then, a college professors hade vicious handful campaign against president trump should stop. "the factor" is coming right back ♪ (vo) do not go gentle into that good night, old age should burn and rave at close of day;

rage, rage against the dying of the light. do not go gentle into that good night. ♪ ♪ ♪ ♪

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you both support kate's law, right? >> i have no problem, generally speaking, with mandatory minimums. >> my objection is that when you conflate the murder epidemic in chicago with what happened to kate steinle, that is, young black men killing young black men, that is -- >> bill: this bill -- speak of the undocumented immigrants get all the garbage thrown on them. they are portrayed as this violent population, when they are not. >> bill: if you are senator, would you vote for kate's law, yes or no? >> it would be -- i would have to say no. i will tell you why. >> bill: why? it's brutal. if you would not vote -- speaker during the crack epidemic, we passed mandatory minimums for people who used crack as opposed to powder cocaine. what we ended up doing was decimating their minority population and filling the federal prisons. >> bill: i will tell you what. >> this guy should have been in jail. this is not -- >> bill: he showed up in a

federal prison. he was doing 30. >> he's a seven-time offender. he should have been in jail. to >> bill: if they had kate's law, he would have been. let's go to sanctuary cities. all right? executive order signed. no specificity on what funds will be denied, san francisco and other places. and you are going to have to get congress involved because they have the purse strings. what do you think? >> maybe you have to get involved because there are ways to hold back. look, there are funds that are sent to cities, state and cities, for protection, for border protection, to assist the removal of illegals from their cities and municipalities. they can pull some of that back if they choose. there are other funds that they can pull back, as well. they don't have to cut off -- there is law enforcement -- >> bill: you think the cities and counties that are doing that are going to get punished and punish fast. >> i think trump was the first one who is going to step up and do it.

even prior to that, it is basically been look away, yeah,. >> not only do i think that this title wave of lawsuits, every jurisdiction of the 300 u.s. cities, there is a reason 300 u.s. cities are sanctuary cities. a federal judge in chicago, and i have told this to bolling before, has of the federal detainer, in other words, what is wrong with sanchez, the killer of kate? the problem is, they didn't send an arrest warrant to the sheriff of san francisco, they sent to detain him. the federal judge in chicago said that detainers are illegal. why? because the federal government cannot order a local jurisdiction to enforce immigration. >> bill: sessions is going to get in there and be tougher than trump on sanctuary cities. my question is you, not whether it is right or wrong, do you

think of the funds are going to be withheld from these places? >> i think i'm a legally speaking, there are two supreme court decisions. legally speaking, as the eric alluded to, the only funds you can withhold, you can't withhold highway funds or school funds for a city like this, give billions of dollars. you can withhold federal grants to law enforcement because arguably, this is about law enforcement. they need that. >> bill: we both agree, at least something needs to be done. but in some places like california, mike jerry brown, the governor, has already said we are going to litigate everything. on the second front, the wall. i support the wall, not because i think it is going to stop people. >> it well. >> bill: it will cut them back. but drugs. it is going to make it much harder for the cartels to get heavy way to drugs into the united states. and therefore, it is worthy for that reason. bolling. >> i agree with you 100%. i know geraldo well disagree.

i have seen him in drug tunnels looking for el chapo. here's the point, you put a barrier up, you make it more difficult. just by law of physics, he will restrict some of it. not all of it. but a percentage of it and the back of the wall, the higher the wall, the deeper the wall, the more you'll restrict. >> you say i have been in el chapo's tunnels. it is not going to stop the pros. it will stop juan and maria. >> okay, geraldo. >> bill: it will make it harder. >> i'm going to shock you. i am withdrawing my opposition to the wall. >> bill: oh! >> listen, elections have consequences, this was a signature issue, and if the people want the wall, it is a waste of money -- >> can i make a point? >> we almost walked outside on a show once over the wall. >> geraldo is down with the wall now. i think you should have a piece

full wall sponsor. wall, sponsored by geraldo. you could have your picture there. >> a billion-dollar wall and a $25 billion bladder and the latter will -- >> bill: we'll see. the guy can't carry over a ton of drugs on a ladder. >> wouldn't you rather bridges, tunnels, public schools, highways? be >> bill: we tried everything we could and it hasn't worked. so, let's try this. gentlemen, thank you very much. we appreciate it. directly ahead, no question, there is a movement to delegitimize the trump presidency. now, one college professor says that it that is wrong. also, mary tyler moore has died. we will salute her incredible career. >> how old are you? >> 30. >> no hedging. now, how old do i look? >> by why hedge? how old do i look? [laughter] >> 30. [laughter] >> bill: upcoming.

>> bill: "impact segment" tonight, giving president trump a fair here. as you know, some are not doing that, claiming his presidency is illegitimate. jonathan turley teaches law at george washington university. you have been critical of the deed legitimize her's. why? >> i think if there is, a concerted effort to create political mythology to suggest that president trump is some type of pretender and office. i think it is a dangerous thing. my house was filled with friend and family that came to protest the inauguration and i didn't join them, nor did my kids. i taught them that the fourth of july is an important holiday but it was basically a declaration to a foreign leader. the inauguration day is far more

important. that is where we keep a promise to each other. even when we are divisive, even when we are hateful and elections, we come together on that day, every four years, and reaffirm what is really a leap of faith under our system. to see all of those members of congress boycotting this inauguration, i thought was shameful. >> bill: what do you think is driving, i've named it now, the trump derangement syndrome, what is driving that? >> [laughs] i think part of it is that there are a lot of folks in this town that want to redirect a lot of this anger. the democrats helped barack bring about the selection is much as donald trump to do. they didn't look at polls that said that people wanted an antiestablishment figure. they didn't look at polls showing that hillary clinton had record negatives. they pushed through her like she was the anointed candidate for the democratic party. they steamrolled sanders. the results should not surprise

many people. but there are a lot of folks that want to suggest, look, it wasn't aspirated wasn't our message, it wasn't our choices. much of that same leadership is in place. instead, they want to suggest that somehow he stole the election or that putin gave him the office, which is of course ridiculous. >> bill: those are all devices to generate any real hatred of donald trump. so, he evokes his powerful support for his people who love him, okay, but also, this hatred for people who loathe him. i am wondering, what drives the loathing? is at any one thing? is that his personality? is it a stance on an issue? what you think it is? >> i think that is what is so dangerous about this. there is this disconnect from reality, as people create this mythology of just total hate. i had one relative at my house he was talking about trump supporters very negative comments, i said, there are ver.

about 47% of people who voted for him. you do realize that there are lots of nice trump supporters. and she wouldn't accept that. i think that is part of this mythology. >> bill: why wouldn't she accept that? you are a logical man. she wouldn't accept that 47% of the voting public isn't evil? she wouldn't accept that? that's irrational. >> i think that there is this rhetoric that is pushing everyone to extremes on both sides. it is dangerous for a government like ours. we have to get along. we have problems to solve. sometimes, when you have a big change, like the trump administration, it can bring positive things. you can read look at issues. if trump is willing to work with congress, we can come up with some innovative solutions. >> bill: if he is successful, that is going to make the haters hate them even more. you will never won over a certain segment of the population. what can trump to himself, from your vantage point, to try to

assuage some of this anger toward him? is there anything he can do? >> in some ways, he benefits. i always tell my wife, the success of our marriage is due to the fact that i lowered her expectation so much that i surpass them every day. trump may have that advantage. the expectations are so low. if he does anything but a nuclear strike in the first three weeks, he latter productions will be wrong. i think that he could to show that it is possible to come up with new ideas. i thought it was interesting when he talked about inner cities and said, you know, i know that these are democratic strongholds. but it hasn't really worked out. >> bill: no, it hasn't. if he sends the troops into chicago, by the troops they mean federal agents and federal attorneys, that may go a long way and showing people that he does care about it. >> i think he needs to look at more innovative solutions, a new ways of looking at those problems. >> bill: he is urgently taking a lot of action. i don't how innovative it is.

it is certainly definite. professor, we appreciate your point of view. plenty more had as a sweet 16 moves ahead along this evening. lou dobbs as a supporter of this evening, as to whether or not he can cover the president fairly. martha maccallum on the latest of the bowe bergdahl desertion trial. we hope you stay late with us for the latest details. now verified non gmo and gluten free. from my sweet dreams? thanks to tena, not tonight! only tena overnight underwear ...with its secure barrier system gives you.... ...triple protection from leaks, odor and moisture. tena lets you be you

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stop nuedexta if muscle twitching, confusion, fever, or shivering occurs with antidepressants. side effects may include diarrhea, dizziness, cough, vomiting, weakness, or ankle swelling. nuedexta made a difference by reducing my pba episodes. ask about nuedexta and go to nuedexta.com like paperless, multi-car, and safe driver, that help them save on their car insurance. any questions? -yeah. -how do you go to the bathroom? great. any insurance-related questions? -mm-hmm. -do you have a girlfriend? uh, i'm actually focusing on my career right now, saving people nearly $600 when they switch, so... where's your belly button? [ sighs ] i've got to start booking better gigs. >> bill: "personal story" segment tonight.

as has been proven beyond a reasonable doubt, there are and are a number of americans who will never approve of donald trump, no matter w does. what about the opposite situation? what about americans who support him no matter what? here now, fox business network star lou dobbs, who is in that category. at least, so far. you are an unabashed supporter of donald trump. correct? >> without question. without reservation. >> bill: so, if he screws up, you, lou dobbs, going to commend? what are you going to do? >> let's look at the reality. five days in, he has had an egg historic performance. he is fulfilling. in that time, he has fulfilled more campaign promises then barack obama and eight years. look at what has happened with george w. bush. this is a president who is historic and his energy, his animation, and his commitment to his promises to the american people. >> bill: you can't argue with any of that. he comes in like a tornado, he has done what he told his supporters he would do, at least partially come i do expect them to continue on that.

>> exactly. >> bill: what if all of these things don't work? let me give you an example. you are an economic genius, or so with is your staff tells me. he pulls us out of a trade agreement in asia. now, the folks don't know whether this is going to help their lives are not. i don't even know. it's a shoot. >> can i help you? >> bill: no. we don't know yet. we don't know yet. but a year from now, we probably will know a little bit more. and let's say, it wasn't a good deal. let's say china and america are in a trade war, that is not helping either side. are you, lou dobbs, playpen and all, going to criticize donald trump? or is your interest to intense? >> my track record for us. i have been blackballed by two consecutive administrations. i insisted that you name the enemy. call the enemy radical islamists.

>> bill: that was obama. >> no, that was 2002. it was bush. number two, why was i blackballed by the obama administration? because i called him on his immigration policies, his border security policies, as well as the fight against terrorists. >> bill: those two guys. now, so much emotion invested in trump, if you have that, can you come if it doesn't work, say it hasn't worked? >> absolutely. i do it every day and have done in almost every day of my caree career. >> bill: one was the last time you criticize trump? >> the last time i criticized trump, early on, at one point, i thought he had exceeded himself in terms of some of his conduct. and i said so on the air. one time. >> bill: can you give me an example? >> no, i can't recall what the example is. you are pressing me. >> bill: looked, and am not disparaging you. >> you are. but it's okay. >> bill: but you are. if you and your heart believe that you are the best country for

leader for this country. >> i know it rationally, objectively, as well as in my heart. >> bill: i don't have any problem with that. any problem at all. but if it doesn't work, he is a bold guy, -- >> he is a bold guy. i am milquetoast. i would never, ever suggest that power is make a mistake. let me say on the trade deal. we've got 40 years of consecutive trade deficits in this country. every one of those reduces economic growth for this country, reduces jobs. more money is going on than is coming in. it is time to change that. we know that about so-called free trade. secondly, you cannot name one free-trade deal, quote unquote, that is free-trade. that is not impaired by some sort of terra for tax on those goods and those reciprocal agreements. >> bill: you know what, i tend to agree with this. >> in terms of national security -- cost me tend to agree that

all the stuff that we have done in the past, vis-a-vis trade with foreign nations, doesn't really help the folks. >> it doesn't help the middle class, who has been shrinking for 30 years. who is the one who has attacked the administration? donald trump. donald trump and bill o'reilly. >> bill: lou dobbs, everybody, there he is. when we come back, it is "talking points." d-man has some thoughts of a super bowl, including lady gaga on the field to play. mary tyler moore passes. we will have a salute to her in just a moment.

>> announcer: "the o'reilly factor," the number one cable news show for 16 years and counting. >> bill: thanks for staying with us, i am bill o'reilly. of the "miller time" segment, on february 4th, the atlanta falcons will play the new england patriots at houston for the super bowl trophy and a load of cash. two hours before game time, i will interview donald trump at the white house. it will be a big day. tonight from santa barbara, the sage of southern california, dennis miller. you like to match up, falcons-patriots? >> yeah, first off, billy, i had lunch with my dear friend nipper von wiese and berger today. he told me a great super bowl joke. can i tell you? >> bill: i hope so. >> what is the difference

between chuck schumer and tom brady? >> bill: uh-oh. what? >> tom brady is a patriot and a winner. >> bill: [laughs] all right. nipper wrote that. speak to a local kid. i i heard today, giselle announced, the only thing aboutt halftime, they have now added ashley judd to recreate that poem of hers because he wants to show what will get you placed in the nfl protocol for concussions. they will show ashley judd out there with the poem. that will show you what they are looking for in the way of being. i had another thought the other day when i was watching the woman's march. i think madonna is onto something with that hat, whatever they call the hat. that looked like a very safe

helmet thing. you can fill those up with clay, barely billy, those two little prongs and the football players can run into each other. it would cushion the blow. you could call them county hats. now, listen, as far as the game itself, bill belichick, you give him two weeks to prepare, it is like giving two weeks to einstein to prepare for celebrity jeopardy. i think atlanta is a great team. i really do. but this is how good the patriots and brady are. i can't imagine them not winning. they very well could lose. but i can't imagine it now. that is how good they are. >> bill: the only way they could lose, the patriots could lose, as if somehow the balls get underinflated. and then, they are like, you can't even throw them at all and they have to run the ball every play. that is the only way. >> billy, we don't live in a time anymore. things are happening like this,

the balls are overinflated. listen, sometimes, it's the team's time. i will go with brady. unless, and i put this in as a caveat, unless putin hats the scoreboard. putin is all over this. he wants to get in there and hack the scoreboard. you never know. but to say this about brady, he is two eli manning tosses, a miracle past, and the manning pass, which was as beautiful as it gets, like a bad hogan seven iron or something. >> bill: he's the best quarterback in history of the league, tom brady. >> have to say so. >> bill: i will tell you why, bad ryan, he is a fantastic quarterback. this guy, he is fantastic. >> i think it is going to be a great game. i just can't imagine, i just told ryan, he has to face brady. that is a reaction right there. >> bill: lady gaga is picking the seattle seahawks to win again. >> billy, now that you bring up

again, maybe tony bennetts to pay could be a good safety helmet. what may be that could be something that could cushion the blow. what were they called, the troubles on "star trek," the episode when the furball took over the ship. >> bill: i don't believe tony bennett has a toupee. he >> no, me neither, of course not. that is solitaire. it has been solid, and shatner, too. no one has a toupee. we are fair and balanced here. >> bill: we give the benefit of the doubt. dennis miller, everybody. martha maccallum on doubt. we will have an update on the bowe bergdahl desertion trial. also, will those violent protesters at d.c. actually be punished? martha, moments away. confident in our investment experience around the world. call us or your advisor... t. rowe price. invest with confidence.

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>> bill: "back of the book segment," did you see that? two hot topics, beginning with the 230 protesters arrested on inauguration day. here now to explain what may happen to them, martha maccallum, the anger of the "the first 100 days," scene immediately before "the factor." the d.c. authorities talked tough after they arrested the 230. any of them going to get punished, do you think? >> 217 were arrested on charges of riot felony, felony rioting, which is more than five people involved and more than $100,000 involved. that is what they did. more than 20,000. their damage was over $100,000,

starbucks window, two banks, the limousine on fire, wrote on the side of it, that thing was blazing up and down the street. they caused a lot of damage, bill, they will appear in court. many have them already. they have accorded for most of them that will be in february. they were released on their own recognizance, many of them pleaded not guilty. they will get their date in court in february. >> bill: i don't know, these kinds of things always start out, yeah, we are going to get them. then, their plea bargain down, a lot of them not going to show up. if you are released on your own recognizance, a lot of people don't live in washington. they are back, they're not going to show. there will be warrants for their arrests. right now, all 217, there were 230 arrested, but i guess, 13 of that goal or something. all are still charged with felonies? >> they are all charged with felonies at this point. >> bill: we want you to check to see how many of the 212 actually get punished. it is just, this stuff doesn't even happen. >> under these charges, they could have to pay $25,000 in

fines and up to 25 years in jail. the penalty, the potential penalties are steep. some people say they got swept up in the group unjustly. in some cases, that may be true. but there is a lot of video of these people. a lot of their faces were covered. we will see if they can nail them down. >> bill: us against the d.c. law, too.you're not allowed to r face covered in washington. you are charged for that. all all right, president trump n the campaign trail made some comments about bowe bergdahl. >> we have guys like bergdahl who get caught, i mean, he left. he was a deserter. he was a deserter. he was a dirty, rotten deserter. we knew he deserted when we made the deal. why would you make a deal for a deserter? what do we do with sergeant bergdahl 50 years ago? that's right. boom. boom. >> bill: his attorney is doing watch? >> the attorneys put together a 28 minute tape strung together

all of these instances where donald trump called out bowe bergdahl, called him a traitor. you set the rest of my tape. now, they are saying that because he is a commander in chief, he has something called unlawful command influence, meaning that in a military court, he will basically taint the jury. they will all say, whether they voted for donald trump or not, they are under his command and that they will be swayed by his opinion about this case. >> bill: they want the case dismissed. >> they want the case dismissed. >> bill: but he didn't say those things while he was commander-in-chief. that >> that is his argument. he will say that he said those things before president, hasn't had them since. perhaps, if you made some new remarks that said that he wants everyone to be fair and just, perhaps they would be clear. >> bill: what is the next hearing in this trial? >> at april is a next appearance for bowe bergdahl. as you said, trying to get pardoned pardon by former president obama. >> bill: that didn't work. >> that didn't work. he will face these charges. he has a job right now, he is not under arrest right now.

>> bill: is he in north carolina, too? so, he is still in the army, a sergeant. >> a corporal. >> bill: he's got his uniform every day, living and meals. in april, this thing has been going on forever. it's amazing how long it has been going on. let's have the trial, let's find out what is going on. we are not going to get effective here but we should have the trial. martha maccallum, everybody. thanks for leading into me with your show. i appreciate it. >> thank you, sir. >> bill: "the factor" "tip of the day," mary tyler moore passes and we will have a tribute to her with a special interview, as well. as "the factor" continues all across the usa and all around the world. ♪ they rebounded because a decision was made to protect them. making the right decisions today for your long-term financial future can protect you and your family,

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the glorious life of mary tyler moore an in a moment but barnes& noble, a nice book. now... well, some women believe republicans want to reduce abortion so that becomes a rights issue. tough with your belief system? that is your right. well, maybe we should all see what he does. does that sound logical and fa fair? quite a stag.

there is no question about it. because it is mostly impoverished black people being killed, the political establishment, mostly democrats in chicago -- but a republican governor in illinois, doesn't engage. nor does black lives matter. actually, more like a presidential order, stu. it was a policy carried out. never show outraged over -- not everybody, dave, not

everybody. but unfettered abortion in those precincts, they notice hillary clinton succumbed to it. what do you think? do we need to take a poll on this? no, we don't. "old school: life in the sane lane" out march 28th. ruler and all. same thing in china and korea. it was a brutal time. finally tonight, the "tip of the day" tip of the day. she was 80 years old, mary tyler moore passed away. direct cause of death not yet known. as i said before on "the facto factor," miss moore was an extraordinary presence. >> tell us what happened. >> it's hard to tell where to start. >> start from the beginning.

>> well, i got there and they asked me if who gave me the documents. i said i can tell them that. he asked me why i wouldn't tell. i said that as a news man i felt i couldn't reveal a source. >> what'd the judge say? >> he was a very nice man. he said he respected my opinion and if you had a daughter, he would like her to be just like me. >> did he say anything else? >> yet, he said if i didn't change my mind by monday, he is sending me to jail. >> oh, mary, honey. can i ask you a question? did anyone say any thing about my mileage? >> did you keep in touch with mary tyler moore? >> not in the past couple years, she's been very sick and not in l.a., where i am based. and i don't get to new york. >> you get along with her pretty well though? >> that whole cast. she was a great start. the most generous star you could

ever be with. >> bill: that's what everyone said. mary tyler moore, a true american icon. we hope she is long remembered. factor "tip of the day." that is it for us tonight. please check out the fox news factor web site, different from billoreilly.com. also, we would like you to spout off about the factor from anywhere in the world. if you wish to opine, name and town. word of the day, we want you to be per tenacious. you want a positive word? we would like you to be per tenacious. president obama is giving an interview to abc news and we will analyze that interview whether it was fair, whether mr. trump -- is that president obama, whether president trump was fair with abc news. president obama is out there putting somewhere. i am bill o'reilly, please

remember that the spin stops right here. we will definitely be looking out for you. >> tucker: good evening and welcome to "tucker carlson tonight." president trump announced an inauguration crack town. but is it enough? someone says he's already betraying his promises campaign promises. one of its chief architects is going to join us to discuss its decline and fall and to defend but first, a "wall street journal" report reveals that the tenacious but unverified 35 page dossier published by buzzfeed news. it had been co-opted by russian intelligence and hardly proves the documents liabili