the republicans in congress, do they need to speed things up, get a sense of urgency? in other words, do they need to keep up with the speed of the president? i think it is time for them to get a good, quick kick in the backside. that will be tomorrow night's opening monologue. >> bill: "the o'reilly factor" is on. tonight... >> the motive and conduct of our colleague from alabama. >> i ask leave of the senate to continue my remarks. >> i appeal the ruling. >> the objection is heard. the senator will take her seat. >> bill: far left senator elizabeth warren scolded for trying to impeach the character of senator jeff sessions. an amazing display. we'll have the inside story. >> i belong to europe and to the european culture, and the muslims belong to the places where they came from. >> bill: a shocking new poll from london on whether europeans want to continue with open muslim immigration.. also ahead, lou dobbs and i on

the biggest threats to america. 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 us tonight. adventures on the far left. that is the subject of this evening's "talking points" memo. as you may know, the democratic party is split between moderates and far left folks. but it is the ideological zealots that get most of the attention. this week, betsy devos was confirmed as educationn secretary. but before that vote took place, liberal bomb thrower al franken attacked miss devos in the senate. >> it was one of the most embarrassing scenes i have witnessed during my time in the> united states senate.

in fact, i believe it may have been one of the most embarrassing performances by a nominee in the history of the united states senate. >> bill: now, the reason franken does not like betsy devos is that she is a champion of school choice. she is devoted much of her lifem trying to bring quality education to poor kids, often trapped in bad inner-city t schools. you would think that an uber-liberal like franken would approve of trying to help poor children, but he does not. why? because by offering school vouchers and encouraging charter schools, which are run apart from the public school system, miss devos is challenging the powerful teachers unions. those unions and their associates have donated more than $150,000 to al franken's campaign. t how enlightening. so franken, like many politicians, panders to those who give him money. it is beyond question that poor american children, often minorities, are not getting the same quality of education that middle class and wealthy children are. so why not try something new? why not try school choice?

why not give poor parents subsidies to choose better schools for their kids?e? why not? how long are we going to put up with discrimination against the poor? how long, al? into another far left adventure, senator elizabeth warren, as close to a socialist as you can get, attacked senator jeff sessions in hearings over whether mr. sessions should become the new attorney general. what warren did was try to read a letter written by coretta scott king 31 years ago -- 31 -- that criticized mr. sessions. all had to do with the senatorse prosecuting a voter fraud case in alabama while he was a u.s. attorney there. the situation involved three civil rights activists who sessions believed were committing voter fraud. the three were ultimately acquitted of the charges, and mrs. king was furious with the case. again, that was 31 years ago. but last night, seeking to paint jeff sessions as a racist, warren brought it up in the senate.

>> the senators impugned the motive and conduct from our colleague from alabama as warned by the chair. senator warren, "said senator sessions has used the awesome power of his office to chill the free exercise of the vote by black citizens." >> i am surprised that the words of coretta scott king are not suitable for debate in the united states senate. i ask leave of the senate to d continue my remarks. >> is there objection? >> object. >> i appeal the ruling. >> objection is heard. the senator will take her seat. >> bill: later, senator warren read the letter on facebook. now, you can decide whether the far left is really looking out for the country by objecting to school choice and trying to smear a man like senator sessions. that call is entirely up to you. but what is crystal clear is a huge divide between the attitudes of the far left and moderates in the democratic party.

not to mention republicans, where there is no common ground at all. "talking points" believes that honest debate is necessary, but part of that equation is letting you know what is really going on behind the scenes. thus, tonight's "memo." now for the top story reaction, with us here in new york city, eric bolling and geraldo rivera. am i going wrong, geraldo? >> you know, the call for robusw and sincere debate in the united states senate, i think that even you will admit, bill, is sophomoric at this time. these are two sides that hate each other. you saw it in the election, how close it was. the winning candidate getting the electoral college majority, the losing candidate getting almost 3 million more votes. they are energized, the left, it is the frankens, the warrens of the democratic party, that have shown that they have got the spirit to fight. the leaders of the democratic party have absolutely wimped out. they blew the election big time. they failed to campaign in the b midwest.

i think now the rallying cry will be "rememberri merrick garland." >> bill: do you think this farwi left stuff will re-energize the democratic party to take back power? >> i think they are a party that exists in name only. i think that these leftists will energize it so that it might in time for for the midterm elections. >> i think the democrats realize that they can't win anye. of these. they can put up a big fight, they can get on tv, they love the tv cameras, every one of them, the louder they go, the more provocative things they say. they get the tv camera, exposure on "the o'reilly factor."ct i will tell you, i think this is a brilliant strategy by the g.o.p. i hope that the white house iss involved. for mitch mcconnell, knowing he had sessions locked up, he is going to get sessions as the attorney general. to stop elizabeth warren in her tracks while she is reading a letter from coretta scott king, to stop her in her tracks,

thereby giving her all this political cred. he just gave her ---- >> she is raising money. i think they gave her her 2020 political ad when she runsy against trump. trump says -- >> bill: you say it is a destructive thing for the democratic party in the long run, that most americans aren't going to go this far left. you say that you think americans are going to -- >> i say this is gross hypocrisy. i saw with my own eyes senator ted cruz call the majority leader mitch mcconnell a liar on the floor of the senate, and i didn't see anybody raise this rule to say that senator ted cruz was violating the rules of the senate, sit down as if you are a sixth grade school child. for goodnesshe sakes. >> bill: they are different things, though. >> there are rules. >> bill: there are rules in the senate because --

before the civil war, people were caning each other. >> that is what is going to come to. orrin hatch called it the world's most deliberative, greatest deliberative body. the world's greatest deliberative body. >> fasten your seat belt for the next two years. >> that was brilliant, long-game strategy. not a short-game strategy. long-game strategy. >> bill: rivera thinks that most americans are, for some reason, will go over to the elizabeth warren-al franken side. >> most democrats, most people who did not vote for donald trump are either fearful right now or they are angry. fear and anger will motivate.. they are insisting -- >> the wimps that represent them and need to get their courage. >> bill: i don't think it will ever happen. >> she saw her opportunity to get the spotlight, that big of a massive push. everybody will throw money at her. cory booker, did anybody mention cory booker today? nobody mentioned cory booker. did anybody mention nancy pelosi? >> a letter by

coretta scott king. >> of course -- >> reading from some far some far left wacko -- >> she had a right to read that letter. >> hopefully, the white house realizes --o >> bill: the reason she didn't have the right to read the letter b is, if you allow a letter in by coretta scott king or anybody else, then you have to let them all. it is what they call "hearsay." third party. >> they let them read the letter later in the day. >> bill: there are rules that you cannot impugn -- word of the day, "impugn" -- the character of another fellow senator, which clearly she is doing by implying he was a racist. >> i think they led her right into the trap. >> i think it is off the mark. here is a senator who grew up in the deep south, who really had a checkered past in terms of the civil rights, a personal evolution, an arc, which i think you should not run away from. you should embrace. strom thurmond. you should embrace it as part if america's change. >> bill: whether he is embracing anything, i don't care that it was 31 years ago.e

i think he presents his case and that the other side, warren, presents their case. then you have the vote. he will be the attorney general. that is what is going to happen. okay.he but you have to have decorum in the senate. you can't have people smearing each other as racists. that is not allowed. but what about franken? we are giving him a pass. he doesn't want the poor kids to have better schools. >> you and franken should have had your knife fight years ago before he was elected. >> bill: i am nonviolent. [laughter] >> franken is very articulate and entertaining. >> bill: no, he's not. >> he is so short. >> bill: i would have to have a knife. maybe a swiss army knife. i would keep missing him. he doesn't want the poor kids to have good education. >> if you want to argue about charter schools, that is a whole different argument. >> they saw that coming, they earmarked for devos nomination as one they were going to fight. >> because she wanted guns for

shooting grizzly bears in schools! [laughs] >> bill: you are obsessed. rivera is so out to lunch, the counter is closed. next on "the rundown," a senator will weigh in, a real senator, on the sessions situation and talk about president trump's travel ban. then later, miller on the mystery of tom brady's missing jersey. texas rangers have been assigned to crack the case. those reports after these messages. ♪ eseeeee

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you may sometimes suffer from a dry mouth. that's why there's biotene. and biotene also comes in a handy spray. so you can moisturize your mouth anytime, anywhere. biotene, for people who suffer from dry mouth symptoms. >> bill: "impact segment" tonight, federal court of appeals still debating thehe legality of president trump's refugee order, designating seven countries for a hold-up in the entry to america. that on top of a number of new policyto instructions by the administration. joining us from washington, senator sasse from nebraska. first of all, your reaction to your colleague, elizabeth warren, and what you try to do to jeff sessions. >> first of all, i heard your last segment.

i think geraldo predicted we need to bring canes back on the floor of senate in the future. i heard references to grizzlies and knives. let's face it, the senate has fancied itself the greatest deliberative body in the world for 240 years. for quite a long time, it hasn't been that. that doesn't mean we should abandon that. we should go back to actually debating the biggest problems that face america. right now, the senate isn't a very serious place. it needs to be again. it is unfortunate when rules like that are violated. >> bill: do you think that senator warren should have been allowed to read mrs. king's letter?llce >> you know, i think that there's all sorts of really important history of the civil rights movement that we should be celebrating. but the rule, rule 19 -- nothing says primetime television like esoteric rules of the u.s. senate -- rule 19 makes it clear that you can't impugn the motives of another senator. you can't do it even by putting it in somebody else's voice. so it's a violation of the rules. >> bill: a clear violation, but senator warren doesn't seem to respect the rules as they are written. now, you have not been a fan of donald trump's. but his cabinet selections are

embraced by the majority of the republicans holding office. what say you about them? >> i think he has named a lot of really, really strong folks. general mattis, let's start there. he is an absolute rock star, when you talk to people at the pentagon who have worked there over the course of the last 50 years, there's probably no one who has been held in higher esteem there in 50 years. i am 44. i know a bunch of guys my age or a few years younger who were at the pentagon when mattis was there, sort of the end of their active-duty careers when he was running the marines. a lot of them say, if he led them into battle today, they would quit their jobs and follow him into battle.e a lot of good folks like that, the mattis-tillerson axis on formulating the foreign policy in the age of cyber war and jihad, there's a lot of reallyge good picks. frankly, let's acknowledge the single-most significant thing the president has done in these first three weeks. frankly, the biggest thing that any president can do in the next three or four years. neil gorsuch is an absolute rock star.

people all across the political spectrum's should celebrate him. >> bill: judge gorsuch, today, actually criticized there president for his remarks about the judge who stalled the refugee thing. let's get to that refugee executive order.er you know, seven nations, all of those nations are out of control. anybody can get on a plane in tripoli, go to paris, change planes, and come to kennedy in new york. you have objected to the order. why? >> first of all, let's back up. i affirmed the goal of what thef president is trying to do. fundamentally, we haven't taken borders seriously enough in this country for a really long time. and we need to do more rigorous vetting of people who are coming to this country, specifically from places where you have failed states. so syria and libya, where theree isn't functionally any central government. you have terror trainingin grounds. the goal of the order is a good goal. i affirm the president's objective there.nt the details also matter.iv we're the kind of nation that keeps our word. we have translators who fought alongside american troops -- >> bill: that has all been

corrected, from what i understand. >> my criticism was that the rollout was so clunky -- >> bill: now you are okay with that? >> there is a a lot of details to be worked out in the implementation. people working in the airports trying to implement, there are details that general kelly is trying to get on. they are making a lot of important steps. >> bill: finally, your overall assessment of president trump. you weren't a fan, but he is in there for four years. how do you think he is doing so far?r? >> first of all, i think we need to do a much better job in this country distinguishing between campaigns and governance. we have had an election now. it doesn't matter whether people voted for donald trump -- >> bill: tell me how you think he is doing. he has done a lot of things in three weeks. how was he doing?f >> he has disrupted a lot of stuff. i think some of it is really, really good. i think the regulatory reforms are really strong. i think his cabinet picks have been strong. i think his supreme court pick is a home run. i also think it is really important in america -- i spend a lot of times with students.

when i travel in nebraska, i speak with middle schools, high schools, colleges, they don't know basic civics. they don't understand the first amendment.t they don't know why the beating heart of america is freedom of speech, religion, press, assembly, the right of protest. we need to celebrate those things.sp and i don't think we are doing a very good job of that. you mentioned last night's discord in thehe senate. that is not celebrating the beating heart of america. >> bill: all right. i got to go. you are giving him a b so far. b? >> we have three separate but equal branches. not my job. >> bill: all right, senator. we will keep talking to you. directly ahead, shocking new poll out of europe says muslim immigrants are no longer wanted there. lou dobbs and i will discuss the biggest threats to america right now. "the factor" is coming right back. ♪ it's not a banner that goes on a wall. it's not something you do now and then. or when it's convenient. it's using state-of-the-art simulators

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♪ ♪ >> bill: "factor followup" segment tonight. muslim immigration. a survey by chatham house of more than 10,000 europeans, kind of shocking. polls taken before the executive order announced on january 27 constraining refugees from seven predominantly muslim countries. chatham asked, do you think all further migration from mainlyefc muslim country should be stopped in europe? 55% say yes. just 20% say no. 20% didn't answer. joining us from washington, dr. nile gardiner, director of the heritage foundation's margaret thatcher center for freedom.hi what does that survey tell you, doctor? and is that a legitimate organization? chatham? >> it is certainly a legitimate organization. a very powerful poll. chatham house, the world is viewed of international affairs is arguably the most prestigious think tank. this is a very, very serious survey by serious institution. it also covers 10,000 people across ten countries throughout

europe. it is a very, very big survey. i think it is one of the most important surveys that we have seen in europe in recent years with regards to attitudes towards immigration and also, reflecting tremendous fear, anxiety in europe, with regard to the huge influx of refugees that have come into europe over the last two years. this is a big, big poll, which does reflect, i think, widespread concern with regard to mass immigration into europe. also with regard to the refugee crisis. >> bill: the low number, that is what surprised me. 55%, i wasn't that surprised, because there are a lot of social problems associated with the muslim migration into europe. but 20% say, yeah, we want to continue this? that is probably just the muslims themselves, right? >> i mean, it is a striking figure there, bill. and there is no doubt about it. i think the wave of islamist terror attacks that we have seen

across europe from france to belgium to germany in the last couple of years have had a huge impact. and without a doubt, i think that there is a real sense ofof foreboding across much of europh and a real concern that there are more islamist terror attacks to come. so i think that that poll reallr captures that sense of fear. and i think that there are concerns, of course, on both sides of the atlantic with regard to the border islamistti threat. b and, of course, the recent executive order by the white house reflected that as well. so there are common concerns, common fears on both sides. >> bill: in america, it is, 50/50. but in europe, this is bad news for the angela merkel set, the liberal politicians. if this is true and this holds, you will see a stream of right-wing politicians seize power in europe and a bunch of other countries. >> yeah, i think it is ironic that you have seen, for example,

angela merkel, francois hollande, condemning trump over his executive order, while at home, there is a huge concern and fear over the refugee issue and mass immigration. without a doubt, i do think you do have european elites in power who are deeply out of touch with their own populations and the open borders policy implemented by angela merkel. >> bill: that's what led to brexit. >> which led to, you know, 1.3 million refugees flowing into germany. m this has had a huge impact across europe. i think there has been a widespread rejection of merkel's open border approach. >> bill: all right, doctor. we appreciate it. as always, thank you. plenty more ahead as "the factor" moves ahead this evening, apparently, tom brady's super bowl jersey was stolen. dennis miller has some thoughts about the texas rangers getting involved. next, lou dobbs and i will assess the most serious threats to the usa. we hope you stay tuned for those reports. e y y y y y

>> this is a fox news alert. republican senator jeff sessions as attorney general. the senators voting 52-47 in favor of sessions, all but one democrat voted against him. republicans say sessions is committed to justice and the rule of law, but democrats fought his nomination, saying he is weak on civil rights and too harsh on immigrants. meanwhile, the northeast getting ready for a major winter storm. the storm is expected to hit eastern pennsylvania and new jersey with rain early thursday morning before changing to snow just in time for the morning commute. the national weather service predicts some parts of the boston area and eastern maine could get up to 18 inches, while new york city could see up while new york city could see up to a foot of snow.

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that is his and that propelledat him to the white house. but there is, i think, a significantly larger movement right now that reaches from academia to business to media to our public education system. it is absolutely pervasive in our society. >> bill: now, why is it a threat though? aren't americans entitled to have left-wing views if they want to? >> absolutely. it is not a question of rights. it is a question of difference in degree here and the animus a that has been created byee the tactics that they are employing. i didn't mention politics. we were watching in the u.s. senate, whether it be thewe demonstrations against a president who hadn't even been in office but a matter of hours before there were protests, half a million people in the streets of washington, d.c. it is an animus and an activism that means to destroy -- not simply delegitimize aoy presidency, but to destroy a federal government right now that is under the control of the president of the unitedsi state.

>> bill: do you think this iss organized? we did a story a few weeks back on george soros funding a lot of these groups that organized the protests. you know, he is here, the money goes to a variety of different groups, the groups dominate social media, they tell people where to go and what to do. in that way, it is organized. you think it is organized beyond that? >> yes, i do. i think that soros has created a web that is dedicated to dysfunction, disruption. any deviation from what have been the norms -- >> bill: the traditional norms of america. he doesn't like the way the country is structured. >> he does not. there is no countervailing influence. the republican party is not a countervailing organization in terms of political, economic, social power, to that of the democratic party. >> bill: yet they lost. they lost. >> they lost because of one donald j. trump. i would submit to you that if it were not for the arrival of a

highly energetic, absolutelyiv committed populist, donald trump, there is no way the republicans could have won. >> bill: pretty good. i like that. we are putting aside al qaeda, iran, nukes, that kind of thing. obviously, that is a physical threat to all of us. my pick is -- you touched on it. higher education. because what is happening now is, no longer are the colleges and universities in america teaching the socratic method, which is ancient greece, socrates, where you teach children and young adults to be skeptical, to question, to opena their minds, to find knowledge and to find the truth as theyue see it. o that is gone. it is indoctrination and propaganda now at about 75% of the major universities. what are you turning out?it you are turning out to the very people that you talked about. the zealots who will not even debate. if you disagree with them, you

are dangerous. you are evil. you are wrong. >> you are to be destroyed or you're to be utterly ignored. >> bill: you are racist, you are a bigot, and you see this on college campuses, if you are not a student who buys into this far left agenda, they ostracize you. it is harder for you to even function. >> and as you watch their control over our society,y, it moves to public unions, public employee unions. >> bill: but they are waning. >> absolutely. p but still hold 35% of all union jobs are held in the public sector. but to academia itself, one of the most recent studies shows a ratio of 11:1, liberal to conservative or republican professors. they inculcate, they indoctrinate. >> bill: that, down the road, not too far down the road, is going to cause enormous problems for this country. lou dobbs, everybody. isn't he a genius? let's give him a hand. when we come back, another genius. miller.

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>> bill: thanks for staying with us. i am bill o'reilly. in the "miller time" segment tonight, two hot topics, barack obama kite surfing with a very rich guy.im and new england patriots quarterback tom brady trying tok figure out who took his super bowl jersey. >> the jersey, yeah, i put it in my bag, and i came out, and it wasn't there anymore. so it is unfortunate because that is a nice piece of memorabilia. if it shows up on ebay somewhere, someone let me know, try to track that down. >> bill: texas authorities have taken it seriously. they have called in the texas rangers to help solve the brady mystery.s joining us now from santa barbara, california, dennis miller. you didn't take the jersey, did you, miller? >> no, i got two theories. either bernie sanders took it, or half of it, laying claim to half, or this is who i think really took it, i think roger goodell took it. i think goodell has h an unrequited man crush on tom brady. you always hurt the one you

love. and i think he feels if he owns this thing that at i least somewhere down the road, tom will have to visit him and ask for the jersey back and maybehe they can have a rapprochement. i don't think he has recovered from the marriage to gisele. i think goodell is crushed. >> bill: to explain to the nonsports crowd, roger goodell, the commissioner of the nfl, deflategate got brady suspended for four games, the ball was too light. they suspected the quarterbackot took it -- >> what do you think, the fans out there are like burgess meredith in that bank vault on "the twilight zone?" >> bill: nonsports fans, they don't know what you are talking about, miller. it is my job to get everyone involved, but now, bernie sanders, bernie sanders, why would he want tom brady's jersey? >> he just wants half of everybody's everything. it fell under that purview. i think that these things are worth a lot of money.sese now, for instance, when we are on the road together doing the show and you just wipe your brow

with a piece of "factor" gear and throw it into the crowd, the ladies go absolutely crazy. when you just came out in reading, pennsylvania, that pair of "no spin" culottes, it was like -- ♪ please, release me, let me go ♪ ♪ the "talking points" don't love you anymore ♪ >> bill: none of that ever happened. now, richard branson, very rich guy, owns a lot of airlines, owns an island down in the caribbean. and he is hanging with the former president of united states, barack obama. h and they are kite surfing, miller! >> well, you know who wanted in on that, billy clinton. they told him that branson owned virgin. i see the kite surfing here, i lurch carries for his old lady, before his old lady told him he couldn't do that anymore.

i think john kerry proved this is a great sport for lightweights. you don't even have to have wind, you can just keep going. i will tell you one thing obama hasn't been doing since he got out is going back to chicago because it is too dangerous back there. >> bill: there's not a lot of kite surfing in chicago. not a lot of that going on. >> no, no, there's a lot of kiting checks back there. but libs are like fire ants, billy. they cook the host organism. like obama is moving on to d.c.o they are looking for the next dreamsicle wrapper to suck on. he's not going back to chicago. what obama should do is, he should host "the apprentice." they should switch jobs. arnold is not doing a good job. i think obama should be the host of "the apprentice." >> bill: now, can you see, in four or eight years, depending on how he does in the white house, donald trump kite surfing after he leaves office?i can you see that? >> when i think of trump and anything nautical, it is that his hair often reminds me of the big wave at the beginning of

"hawaii five-o" where it is coming in and kono and zulu are surfing, or it reminds me of the ocean spray cranberry juicenb cocktail logo. it is coming over. if he is going to go nautical, billy, he goes like that. "quincy," jack klugman laying on or maybe he ends up like "quincy," jack klugman laying on that catamaran with a hot chick putting a little spf 30 on him. you know, melania. >> bill: dennis miller, everyone. heaughter] >> i didn't even understand the last half. i can't. >> bill: i had a hard enough time with goodell.ar here's a suggestion. if you're looking for a goodhe valentine's day present, the flowers and candy are getting kind of old, are they not? there are a few tickets left to see miller, watters, and me, and omaha, and tacoma, washington. all the other shows are sold out, but those two have a few mar tickets. during march, end of march, details on billoreilly.com.

also, pretty nifty, high bar, some kind of special for valentine's day. ladies, want to sharpen the guys up? go to highbarshirt.com. martha maccallum on deck with the happiest states in the union. an amazing crime story. martha, moments away. ♪ ve time to worry about a cracked windshield. so she scheduled at safelite.com and with safelite's exclusive "on my way text" she knew exactly when i'd be there, so she didn't miss a single shot. i replaced her windshield giving her more time for what matters most. tech: how'd ya do? player: we won! tech: nice! that's another safelite advantage. mom: thank you so much! (team sing) safelite repair, safelite replace.

♪ >> bill: "back of the book segment," tonight, "did you see that?" awful crime in new york city. it may be solved. six months ago, 30-year-old karina vetrano was found brutally choked to death in queens. she was jogging in a park. leads were few. but a stop and frisk incident apparently led to the capture of a suspect. to tell us more, fox news anchor, martha maccallum, you see her at 7:00 eastern time right before "the factor." how do detectives crack this case?? >> essentially, through the stop and frisk law, which we know has

been minimized further and further with each settlement case, but they found -- they had gone through all of the prior criminal cases. they couldn't find anything. they had dna from her body. >> bill: the poor woman struggled and had dna for the assailant under her fingertips. so they had that part of the dna. so they were now looking for people who were hanging around that park in queens, correct? >> they combed through other prior criminal records. they found nothing. when they went through the stop and frisk file, they found a gut who they had talked to a couple times for loitering, essentially, in that area, public urination, no criminal -- >> bill: he was issued a citation for public urination. >> that's right. chanel lewis, 21 years old, you seen the pictures, he's been arrested. if it weren't for the fact that they had stopped and frisked him at some point, there is no way. >> bill: so they get him, i am sure a number of other people who they stopped and frisked in that area, and they interviewed them. right? do we know if they had a warrant

to get his dna? >> no. once they took him into custody, they arrested him. they got the dna. now, they were able -- >> bill: interesting legal question. and i don't know the answer to this. whether you are allowed to take a hair out of his head or spit in a cup or whatever. i don't know. >> you know, i mean, i think there is a myriad of ways to get his dna. he may or may not have been aware of. whether there is a warrant is something that his attorneys will be looking into. his publice attorneys. >> bill: but they don't even need that, because according to the police, he confessed. once they brought him in, he confessed to the crime. so here is the upshot. the stop and frisk they did in that part led to them to chanel lewis, who then confessed to the crime, so the police say. almost the same day, the new york city authorities announced because of an aclu stop and frisk lawsuit, the aclu is driving this anti-stop and

frisk, in a housing project, all right, that now police cannot stop people hanging around a housing project selling drugs. >> all of these privately owned properties that have apartment buildings had asked the police to help them keep people out of the area. if they were hanging out in the doorways to protect the people who lived there. but then there have been all of these lawsuits. this was the final one that really chipped away -- >> bill: the new york city authorities, oh, sure, now we a won't have the cops in the housing projects, so the dope dealers can go in and stay all night. >> people who live in the building say it was unfair to them. that they were being harassed by the police, they say, for stop and frisk. >> bill: two or three of them. not most of them. >> that was the argument. >> bill: the aclu, of course, good. all right, let's do a happier thing. here are the happiest states in america. put them up on the screen! hawaii, alaska, south dakota, maine, and colorado. why are they happy? >> shocking, right? who wouldn't want to live -- >> bill: hawaii, we already know.ld alaska is pretty darn cold. >> alaska is cold, but people are very happy about sort of

their social well-being in alaska. apparently, they have a lot of friends and they huddle together. >> bill: pot. a lot of pot. it's legal now. >> perhaps it has something to do with that. >> bill: their physical surroundings, their relationships. >> bill: maine, who knew? >> i love maine. what is not to love about maine? >> bill: lobsters and everything. >> absoutely a beautiful place. >> bill: lobsters are happy and the people are happy. >> i am happy in new jersey but that didn't show up. >> bill: jersey is not one of the happiest places. n i used to live there, there is lot of reasons there. >> it has become so much happier since bill left. >> bill: that's true. the happiness quotient, as soon as i crossed the george washington bridge, got a little more mirthful. here are the unhappiest states, let's put them up on the screen. west virginia, kentucky, oklahoma, indiana, arkansas. why are they unhappy? >> there is a lot of poverty in this area. the appalachian area that runs through here. also interesting to note that some of these areas are where donald trump did fairly well. >> bill: they were unhappy.

>> the obesity rate is high, the health quotient is very low in these areas, diabetes, all of that. this leads to these places -- >> bill: most of it has to do with poverty. >> absolutely. absolutely. >> bill: all right, martha maccallum, check her out at 7:00. "the factor" "tip of the day." i think we all need some laughs, am i right on"t that? "the tip" moments away. am i♪ like a human fingerprint, no two whale flukes are the same. because your needs are unique, pacific life has been delivering flexible retirement and life insurance solutions for more than 145 years. ask a financial advisor how you can tailor solutions from pacific life to help you reach your financial goals. daddy! lets play! sorry kids. feeling dead on your feet? i've been on my feet all day. dr. scholl's massaging gel insoles have a unique

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what time of the month cramps? what nighttime pain? make all your pains a distant memory with advil the world's #1 choice what pain? advil. >> bill: president bush the younger allowing the press to can a former governor really say you want to smash his face? what is an? it doesn't end. the worst part of being in the public eye is all the smearing that is taking place in this

country. calling the commander-in-chief mister is a respectful title. you don't want to say the president over and over and over. you have to have something else. from your letterhead, i see you work at yale. i know you are smart enough to figure out the questions you just asked.

what else is new, rick? how did you figure that out, john? sure. old chuck meandered up to my office, swept the question under the door with a little note. amazing how you figure that out. become? i was always that way, bob. i am old school, mike. which is why i wrote the book. out march 28th.

he'sde old enough. boy likes history and action, he will lick the book. can't do them all but i want to wish and instead an island and becky on california happy birthday. both are 100 years old, way to go. "tip of the day" in these very intense times, we all need some laughs. the other night at the paramount theater in huntington long island, i saw a comedian named sebastian. >> look around you, everybody's just walking around. [laughter] >> taking a photo of yourself. they call it a selfie, i can't even say the word without sweating.e, i can't stand the word. i call it taking a lonely. do you know how alone you got to

be? that you can't find anybody take a photo? >> bill: you gotta be? i love him. his set ran about an hour, no dead spots, laughed all the way through, guy is great, checkedd him out, back to "tip of the day," that's it for us tonight. please check out the fox news factor web site which is different from billoreilly.com. spot the factor anywhere in the world, do not be a smiley guster, get this. the merriam-webster online dictionary has put snollygoster back in the rundown, i'm glad we could help with the english language, it's back. thanks for watching us, i'm bill o'reilly, please remember that the spin that stops right

here, i'm looking out for you. ♪ >> tucker: we begin with a fox news alert, senator jeff sessions of alabama has at long last been confirmed as the attorney general of the united states by a vote of hisg colleagues in the senate. final tally 52-47, senator joe mansion of west virginia, the only democrat to back sessions. he overcame unprecedented t opposition from fellow senators, senator cory booker of new jersey directly testified against him, something that doesn't happen very often, senator elizabeth warren of massachusetts was shut down by mitch mcconnell when she suggested that sessions wasew racist. the reacro