complete and effectual weapon with which any constitution can arm the meaty representatives of the people. carrying into effect every just and a salutary measure." think about that tonight, folks. thanks for being here. o'reilly is up next. we will see you tomorrow night. speech of "the o'reilly factor" is on tonight. >> i have no difficulty ruling for or against any party. >> i firmly believe the u.s. constitution is a living document, , and tended to evolve as our country evolves. >> bill: the most politically important story of the year, while judge neil gorsuch be appointed to the supreme court? "talking points" will ladle out for you tonight. >> she's 14 year result, she said, a 17 and 18-year-old student, they took her, grabbed her, police say she was forced into the bathroom and raped. >> bill: the country shocked by the alleged rate of a

14-year-old girl by two illegal alien teenagers. we will have a comprehensive report on that. >> i have great respect for people's right to believe what they want to believe. >> bill: also, ahead, colin kaepernick, who would not stand for the national anthem, is now having trouble finding a job. gutfeld and mcguirk have thoughts. 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. the most important political story of the year. that is the subject of this evening "talking points" memo. many americans voted for donald trump because they feared the dam dumb like a democrat winning the white house would at another liberal judge to the supreme court. in recent times, the court has ruled on politics, not the law. any many americans fear that.

mr. trump nominated neil gorsuch from colorado, a very solid judicial record. serves on the tenth circuit u.s. worked on my court of appeals. today, they were hearings of the senate because they must approve judge gorsuch. predictably, some liberal politicians do not like the judge simply because he is not a liberal. even though his record is stellar and has philosophy independent, some democratic senators will not vote for him. >> judge gorsuch has also stated that he believes judges should look to the original public meaning of the constitution when they decide what a provision of the constitution means. this is personal, but i find this originalist, judicial philosophy to be really troubling. i firmly believe the american constitution is a living document intended to evolve as our country evolves.

>> bill: is senator feinstein should know better. if judges are free to rule on judicial evolution, that means they become politicians. all judges in america should have just one rule. what was the intent of the original constitution? if they reject that and make their decisions based upon their own political beliefs, what do we have? up another ascension of congres. here's the best example. there is no question the constitution gives the president the power to stop some foreign nationals from coming to the usa. there is no question about it. but activist judges have blocked president trump's travel order, saying in essence, it is anti-muslim. well, i factor the case, muslims from egypt, saudi arabia, pakistan, and other regions, would be included. but they're not. so, everybody knows, every fair-minded person, that

politics, not the law, is involved here. eventually, the president will win in federal court, take it to the bank. the activist judges don't care. they have temporarily blocked the order and are liberal heroe heroes. as for judge gorsuch, i looked like he is a traditional man who believes the intent of the constitution should reign. again, that seems to be unacceptable to senator feinstein and others because they want a judge to be political. they want a liberal judge. finally, the best example of constitutional debate is that the second amendment, the right to bear arms. it is clear the founding fathers wanted americans to have the ability to protect themselves. back then, militias were the mechanism. private citizens with guns organizing against threats. today, those threats are more personal. terrorists and criminals, not frontier marauders.

americans have a constitutional right to defend themselves against those who would harm them. that is why for firearms cannot be banned. but they can be limited. can't have a bazooka or a hand grenade. that is reasonable. public safety is involved and individual states have the right to mandate gun laws based upon the wishes of their people. but the left rejects that. in some cases, wants to ban guns outright. so, at this point, that is constitutional but that can change if the supreme court become solely a political body dominated by the left. summing up, intent, not evolution, should be the litmus test of constitutional law. that is why i traditional judge, like neil gorsuch, is a vital situation. he will likely sit for decades, presiding over a country in the middle of a social civil war.

that is the memo. now, for the top story reaction, joining us from washington, lisa boothe. here in washington, juan williams. would you vote against judge gorsuch? >> approach was a matter of qualifications, i would vote for judge gorsuch. i must tell you, bill, would you say, the democrats want a liberal up there and that is the only reason they oppose him, i think to myself, wait a second, what happened with merrick garland? if it is a matter of qualifications, judge garland, who was president obama's nominee for the same seat, wasn't even granted a hearing. no hearing for him. >> bill: what does that have to do with neil gorsuch? >> as we heard today from amy kober chart, the democrat from minnesota, she said, you have to be aware of the moment we live in. if republicans think they can steal a seat and democrats don't respond, are democrats opposed a lay there, say, we got beat? >> bill: you are saying, you

vote against gorsuch because he didn't like what happened to garland? you think that is good for the country? >> i think this whole political paralysis, you pointed out to me, i don't think it is good for the country. >> bill: i don't think payback is helping america. what do you say, lisa? >> i think that argument sounds petty and incorrect, as well. it was vice president biden and senator chuck schumer has said the president for not nominating a supreme court court nominee in the final year. that being said, i think legislating from the bench is scary and problematic because there is no separation of powers. i think that is why democrats should support someone like neil gorsuch. this is someone that even president obama's former solicitor general, an independent thinker, he said of the president is going to give him a capital, not a rubber stamp, who said that he will buff the president if need be. you will see it play out in the hearings.

>> bill: he already blocked president trump once. do you agree that intent of the constitution should be paramount to make decisions and not evolution, a squishy political theory? >> nothing squishy. we have 27 amendments. i wrote a book about this, the founding fathers wanted flexibility in the constitution. that is why we have a bill of rights. >> bill: flexibility is fine but they wanted the constitution to be one for the ages. not to change by political -- >> you said that you have to adhere to intent. when you have something like -- the founding fathers shouldn't have phones, they don't know how to deal with wiretaps. >> bill: what was the intent of the founding fathers privacy dictums? you don't do it on politics. >> you got to say to a black

person, three fifths of a person -- >> bill: that would change. now, we are dealing with the law based on a constitution not an opinion. >> you have to have thinking judges. >> bill: thinking is fine. zealots are not. real quick, the vote on the republican health care law is thursday. we will get into this tomorrow. i can't make a prediction now. there is a lot of stuff swirling around. president trump got involved with the house. lisa, do you think it will pass? yes or no and why, quickly? >> yes, i do. i think the margins are tight. obviously, the house freedom caucus is to watch. the house is not whipping their caucus. >> bill: the real conservative base doesn't like it. do you think it will pass? >> i don't think at this moment they have the votes. paul ryan says they have the votes. >> bill: juan williams it says no? >> you are asking me.

you are juan williams! >> i am saying it to bill o'reilly. republicans are problem, not the democrats. >> bill: i love this. williams says no, lisa boothe says yes. i will weigh in tomorrow. i appreciate it. next on the rundown, will judge gorsuch get a break in the press? bernie goldberg has some thoughts. later, gutfeld and mcguirk on colin kaepernick, still out of work in the nfl. as his protest hurting him? "the factor" is coming right back. fun in art class. come close, come close. i like that. [ all sounds come to a crashing halt ] ah. when your pain reliever stops working, your whole day stops. awww. try this. for minor arthritis pain, only aleve is fda approved to work for up to 12 straight hours with just one pill. thank you.

come on everybody. aleve. live whole. not part. that had built his house once thout of straw.tle pig one day a big bad wolf huffed and he puffed and blew the house down. luckily the geico insurance agency had helped the pig with homeowners insurance. he had replacement cost coverage, so his house was rebuilt, good as new. the big bad wolf now has a job on a wind farm. call geico and see how easy it is to switch and save on homeowners insurance.

the uncertainties of hep c. wondering, what if? i let go of all those feelings. because i am cured with harvoni. harvoni is a revolutionary treatment for the most common type of chronic hepatitis c. it's been prescribed to more than a quarter million people. and is proven to cure up to 99% of patients who have had no

prior treatment with 12 weeks. certain patients can be cured with just 8 weeks of harvoni. before starting harvoni, your doctor will test to see if you've ever had hepatitis b, which may flare up and cause serious liver problems during and after harvoni treatment. tell your doctor if you've ever had hepatitis b, a liver transplant, other liver or kidney problems, hiv or any other medical conditions and about all the medicines you take including herbal supplements. taking amiodarone with harvoni can cause a serious slowing of your heart rate. common side effects of harvoni include tiredness, headache and weakness. ready to let go of hep c? ask your hep c specialist about harvoni. >> bill: "impact segment" tonight, one of the problems president trump is having, not only as of the democratic party trying to subvert him, but many in the media are doing that as well. the question tonight, where the press attack judge gorsuch? joining us for miami, bernie goldberg.

seems like a nice guy. i looked at his record, he very rarely overturned, it is logic he applies to his decisions. the press, i haven't seen -- "the new york times" said he shouldn't go in, but of course they are going to say that. "the washington post" loads up on our pets against him. that is predictable. but predictable speaking, it is only the real liberal zealots against him, or am i wrong? >> i think you are right. let me report to you what the conservative media research center says because they monitor these things. they see a case of liberal bias in my coverage because yesterday, only fox news of the cable news network's and of the broadcast networks, only fox news ran the course such hearing alive while the stayed for hours on the fbi hearing, which arguably made donald trump look bad. therefore, and their eyes, a case of liberal bias. it i disagree.

the fbi hearings are far more important than the gorsuch opening statement. i don't think there was bias there. that is hard news. as for opinion journalism, yeah, the commentators at big city newspapers on the other cable networks mainly are liberal and they are not going to like a conservative judge. i happen to disagree. i think if we were less partisan, he would win 100-0, such as his qualification. i am not shocked by that. >> bill: i don't think he is a conservative judge. he is conservative on a few things, like religious liberty. >> he is seen as conservative. >> bill: he looks real independent to me. i looked at his rulings. >> bill, based on his record, he ought to win 100-0. >> bill: he is not antonin scalia, who was very, very adamant that the country should be run according to conservative principles.

>> you are "talking points" were right on the money. you made a very interesting and important point. you said that they -- some people who are against gorsuch are doing it for political reasons and want judges to be political. you are right. here's the key. they want judges to be political but only when the judges politics are the same as their liberal politics. >> bill: you saw that with al franken tonight. how this guy ever got elected senator, i am setting to myself saying, how could this possibly happen? he was giving gorsuch a hard time when some oblique ruling he made about some guy in a truck. a [laughs] i am going, the guy has ruled on thousands of cases. go ahead. >> that example is representative of a lot of the criticism of judge gorsuch. that is, he doesn't have a enough empathy, in this case of

the truck driver, who was stuck in the cold. it's a long story. he doesn't have enough empathy for "the little guy." here is the thing. priests can care about the little guy an advocate for them, social workers can advocate for the little guy, politicians can, but judges can't. that is not their job. sometimes, forgive me for saying this on national television, sometimes come all the little guy is in the wrong. in that case, the judge has to rule against the little guy. >> bill: you have to rule on the basis of law. >> this is something that liberals in and out of the media don't quite seem to grasp. >> bill: i don't think that americans understand, we have a "watters' world" coming up tomorrow on this, they don't -- >> i can't wait for that. >> bill: every time he goes out and talks to regular folks at random, remember, they are not selected, and they know nothing, which is going to be the case because we have already

shot this thing, about the supreme court, which holds the power over our lives. it is not that the pen had politicians that are holding that power over our lives, not president trump, he will be in for a while and then, he'll be gone. the supreme court holds power over how we live. the american people, generally speaking, have very little knowledge of this. last word. >> you're right. let me make one comment, one observation about the media and the judge combined. there is a motto and a lot of american newsrooms that say, our role as journalists are to afflict the comfortable and comfort the afflicted. that is a thousand% wrong. that is not the role of journalists. and it is not the role of judges, either. we are not in the business of comforting the afflicted. that is for other people, like i

said, for priests and other people. >> bill: i want to comfort everyone. that is what i do. i am. because i'm a commentator. because you are doing a fine job. you are comforting me a lot, i will tell you. >> bill: 20 plus years. you have been along for the ride for eight or nine. you will be working in a carvel somewhere if you weren't here. bernie goldberg, everywhere. directly ahead, did you know, a fox news analysts spent time in jail because every journalistic beat? we will talk to them. later, horrific crime in a sanctuary town, a 14-year-old girl a wretchedly raped by illegal aliens at a high school. "the factor" is coming right back.

y282ty ywty hashtag stuffy nose. hashtag no sleep. hashtag mouthbreather. just put on a breathe right strip. it instantly opens your nose up to 38% more than cold medicine alone. shut your mouth and say goodnight mouthbreathers. breathe right.

on a perfect car, then smash it into a tree.

your insurance company raises your rates. maybe you should've done more research on them. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. and if you do have an accident, our claims centers are available to assist you 24/7. call for a free quote today. liberty stands with you™. liberty mutual insurance.

>> bill: "factor follow-up" segment, journalist that deal with national security secrets. 2005, "the new york times" reporter new judith miller spent 85 days in jail because she refused to divulge a source to a federal grant journey. the story centered on former cia agent valerie plane, whose identity was late, violating national security laws. judith miller joins us now. so, why, if you didn't write about her, and you didn't come a correct? >> not a word. >> bill: how did the grand jury subpoena you to appear? >> there was a special prosecutor in this case and they wanted to ask every one, who were the sources, who leaked the name, i knew i couldn't protect my sources, i couldn't get it for you >> bill: you were on the national security beat? for special prosecutor, who was it again? >> patrick fitzgerald, james

comey's good friend. it >> bill: he was after scooter libby, the chief of str the vice president of the time . now, you got caught up, even though you didn't write about it, and the grand jury said to you, okay, did anybody talk to you about valerie plame, that was the question? >> i couldn't appear before the grand jury, the judges said do you have to talk to the grand jury and i said i can't wait >> bill: you didn't go and? he refused as it before the grand jury. that is why you got sentenced to jail. why didn't you just said before the grand jury and say, i can't tell you? wide didn't you do that? >> i didn't want to mislead them into thinking they were going to hear. >> bill: you were saving that money. >> [laughs] right. >> bill: you were in jail, people are respecting you, sources need to be protected, what are you thinking about the

system? were you thinking that you are a victim of a system? >> no. i was thinking i was doing my job. reporters have two or protect the people who come to them with information. >> bill: what if valerie plame had been murdered? that is the spirit of the law, if you out a cia agent, as she was, if you put your name in the press, she could be killed. what if she winds up dead? will use to protect your source? >> that is a hypothetical. >> bill: a realistic hypothetical. he goes to the heart of the law. >> it does. in this case, it is worse than that, bill. in fact, the counselor general of the cia and subsequently wrote a book saying nothing happened to valerie. she could have stayed at the cia. this investigation never showed have -- >> bill: what if she were dead, though? >> this is why you have laws against -- >> bill: this is what the crux of the leaker thing is now. that the fbi -- it is. let me explain why.

you got out of jail because libby himself say you can testify. your source, libby, called you up and said, go ahead to make it out of jail, after 85 days. then, he was subsequently convicted of leaking, illegal leaks and then pardon. >> no. of lying to the grand jury. they never convicted him of licking her name. >> bill: he was convicted of something else. >> that's right. this is a political witch hunt. >> bill: i won't disagree with that picket is not worth it. let's go up to today. we have leakers and we have them, they are all over the place, trying to undermined term. that is what they are trying to do. by putting out information to journalists, they could, conceivably, violate something that get somebody hurt. do you see that? >> i see that in theory. but that is not as what is happening here. what's happening here, there was a leak about the national security advisor to the

president that he had lied -- >> but he wasn't the president then. >> this investigation and the knowledge that michael flynn had misled the president happened after donald trump was elected. >> bill: the tap and the transcript happened before. what was leaked before happened before when flynn didn't have any position in government. >> you know who was a national security advisor to the campaign. >> bill: what if the russians had decided, again, hypothetical, flynn knows too much, we will take them out. i am just raising the question for all journalists. you have to be very, very careful, you can't just take illegal stuff and throw it out there like julian assange dead. people can get killed. last word. >> i totally agree with that. i think the greater danger is that we use national security laws to shut down information and our business. our job is to present

information to the american people that the government doesn't want them to know. >> bill: that's true. if the intent is to expose wrongdoing -- >> absolutely. >> bill: i am there. if it is just to undermine a sitting president, i am out. >> how do you know, bill? >> bill: this is fairly obvious. >> i think you never know why people leak. >> bill: we have a polite disagreement. plenty more ahead sb 30 moves ahead. controversial nfl quarterback colin kaepernick unemployed. president trump brought his name up the other night. gutfeld and mcguirk have some thoughts on edge. next, one of the most horrible crimes. we hope you stay tuned for those reports. ♪

♪ if you have moderate to severe ulcerative colitis or crohn's, and your symptoms have left you with the same view, it may be time for a different perspective. if other treatments haven't worked well enough, ask your doctor about entyvio,

the only biologic developed and approved just for uc and crohn's. entyvio works by focusing right in the gi-tract to help control damaging inflammation and is clinically proven to begin helping many patients achieve both symptom relief as well as remission. infusion and serious allergic reactions can happen during or after treatment. entyvio may increase risk of infection, which can be serious. while not reported with entyvio, pml, a rare, serious brain infection caused by a virus may be possible. tell your doctor if you have an infection, experience frequent infections, or have flu-like symptoms, or sores. liver problems can occur with entyvio. if your uc or crohn's medication isn't working for you, ask your gastroenterologist about entyvio. entyvio. relief and remission within reach.

♪ >> bill: "unresolved problems" segment, illegal alien crime. president trump has made a major issue of this. and rockville, maryland, a horrendous crime occurred. 18-year-old henry sanchez and 17-year-old jose montano, a minor whom they have not identified yet, dragged a 14-year-old girl into a high school bathroom, rockville high school, and raped her. sanchez from guatemala, under a deportation order before that, montao from el salvador is suspected of being in the country illegally, as well. there many questions here, here is one of them. >> you had an 18-year-old in your school enrolled as a

freshman. you don't see that as a problem? >> we have a lot of a ten in our schools. >> 18-year-olds that were to senior out at 24 years old? >> our student was in a program for english learners. that is a program across the system. it is not a matter of what grade they are in. but the student was in a program for english learners. >> bill: the program as multidisciplinary as multidisciplinary education training and support. here now to explain, dana perino. tell me about the rockville area where this took place. this is a heavily sanctuary counties city situation. >> the city doesn't say that we are a sanctuary city but they operate that way in the sense that if you are picked up as a part of a routine traffic stop or an investigation, the police officers don't ask you what your legal status is. they do say that the cooperate with federal officials like i.c.e. on detaining.

>> bill: they do cooperate. >> bill: you enroll in school, this one guy from guatemala, they are not asking if you are an illegal alien. >> they are not. because the supreme court in 1982 said you cannot. >> bill: is that right? >> there was a law that you cannot ask students about their citizenship? >> this circumstances were different. we were not talking about crime, this is a case that started in texas, really about resources and how much money would have to be spent. basically, that the court said that the school cannot ask the immigration status of a young person that is coming and asking to go to school. >> bill: that is the law of the land? >> they said there was more harm and not educating them then and -- >> bill: there is always a rationale. these people who don't want to cooperate with ie ce, always about social empowerment, social justice. the reporter, the local reporter, who asked the principal, however he was, you are putting in an 18-year-old

with a 14-year-old. an 18-year-old from guatemala with a 14-year-old girl and if they allegedly drag her into the bathroom and a rape her. this is okay with you? i mean, these are adults, these guys in adults, and he is sitting in classroom, you know he is probably here illegally, which he is. you can't come tell me that the school authorities didn't know that, they knew. this is the environment? >> with the school would say, they were not allowed to ask his immigration status. they do know he was picked up by i.c.e. about seven months ago and then released. there was a lot of questions. i wonder where are his parents? if he's 18 -- >> bill: i don't think he has parents. i think he shows up the border, i am a minor or whatever, they let him in. this was under the obama administration, by the way. as soon as he crosses, they give him a bus to get whoever he wants to go, he wants to go to maryland, there he is. now, we have this 14-year-old -- >> what happened to her is so gut-wrenching. >> bill: is horrible.

>> there is rape that happens against young people all across america, not just from illegal immigrants. the story in particular, though, when you read the details -- >> bill: it is horrifying. we are not demonizing illegal aliens or migrants or anyone. i am saying, i am saying, the system is out of control. it is out of control. we don't know who's here. we don't know where they are. we don't know who they are in the federal government has got -- last word. >> the governor of maryland, governor hogan, told a state legislator, do not send me a sanctuary bill. he would veto it. >> bill: hogan is a good guy. >> i think the public policy on this is changing partly because of the publicity. >> bill: partly because of trump. >> absolutely. >> bill: dana perino, everyone. when we come back, more craziness. in california, a proposed new law would grant leniency to people who put intentionally

spread aids. then, gutfeld and mcguirk on quarterback colin kaepernick not being able to find a job. up next. ok, like what? but i thought we were supposed to be talking about investing for retirement? we're absolutely doing that. but there's no law you can't make the most of today. what do you want to do? i'd really like to run with the bulls. wow. yea. hope you're fast. i am. get a portfolio that works for you now and as your needs change. investment management services from td ameritrade.

this is one gorgeous truck. special edition. oh, did i say there's only one special edition? because, actually there's five. ooohh!! aaaahh!! uh! hooooly mackerel. wow. nice. strength and style. it's truck month. get 0% financing for 60 months plus find your tag and get $5500 on select chevy silverado pick-ups when you finance with gm financial. find new roads at your local chevy dealer. >> 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. in the "law & order" segment tonight, two horrific

situations. we begin with a proposed new law in california, state senator scott weiner, there he is, he thinks fox news is fake news, by the way. he has introduced a bill that would no longer make spreading aids intentionally a felony. he says it should be a misdemeanor. here now to analyze, kimberly guilfoyle. eboni williams has the night off. as is as crazy as it sounds? >> it is. it is as dangerous as it sounds. what kind of a mentality is operating here that he thinks this is a good idea for public health and safety? they should remain a felony. as a matter of fact, as many people want to say, if you knowingly transmit and intentionally try to hepatitis c, other things that are very difficult to be able to combat. when somebody willfully tries to give someone else hiv, why would you want to say that that is okay? >> bill: weiner says, as i mentioned, this is really a far out individual, he was

tremendously against kate's law. he doesn't want to stigmatize people with aids. that is what he wants to lower the penalties. it is not that you go out and say come i want to infect someone with aids, if you don't use protection. you know you have the disease, you know it is communicable, you don't tell your partner, don't tell them anything. you just go ahead. and this guy wants leniency. he wants the crime to be dropped. it is just, as you said, and comprehensible. a staggeringly incomprehensible. >> bill: it would extend to people who are donating blood. donating breast milk. so, there is nothing -- >> bill: you donate blood, you don't tell the blood bank, okay, this guy doesn't want you punished. >> he is more concerned with the stigmatizing. it is really reckless behavior. it makes no sense. >> bill: you know what is reckless? electing this guy for anything.

>> i agree. >> bill: in chicago, another horrendous situation. 15-year-old girl. 15 years old. okay? attacked by a gang. we don't know if they are an organized gang or a group on facebook. okay? on facebook. >> facebook live. >> bill: here's the mother. >> monday morning, early in the morning, i get messages on my phone like, is this your daughter, as is a picture of your daughter? my heart just dropped because instantly, i knew that was her. it was so disgusting, so disturbing to watch. he couldn't even look at it. >> bill: what happened? >> a horrific situation. approximate approximately five f different ages, they haven't been able to determine the identity, facebook live video was posted on one of the videos, the facebook pages of one of the assailants, so, they are showing a full screen here of a facebook live torturers suspect that we covered on

"the o'reilly factor" of the previous case where the child was tortured on facebook live, people saw it, et cetera. >> bill: they are all in custody. >> this has been something that has been a problem with facebook. they took that down. thank goodness, her uncle and some other people took screenshots to be able to identify the perpetrators. >> bill: the girl was assaulted sexually on facebook. a number of people watched it. they were tipped off it was going to happen, didn't call the police. nobody called the cops. >> can you imagine us? you are seeing this, horrific crime occur and nobody does anything? i think it is a real problem and at the chicago area, this is one of the more horrible problems they have. >> bill: chicago is becoming ground zero for horrendous crimes that keep happening. doesn't seem to be any improvement in that city for whatever reason. kimberly guilfoyle, everyone. gutfeld and mcguirk on depth. colin kaepernick, a court about who wouldn't stand for the national anthem, having some trouble finding a job. president trump weighed in on it last night. the boys are next.

♪ tirement savings. so wherever your retirement journey takes you, we can help you reach your goals. call us or your advisor t. rowe price. invest with confidence. trust #1 doctor recommended dulcolax. use dulcolax tablets for gentle dependable relief. suppositories for relief in minutes. and dulcoease for comfortable relief of hard stools. dulcolax. designed for dependable relief. into engineering the why docan-am defender?effort because a job worth doing, is worth doing right. can-am defender.

tough, capable, clever. get a 3-year brp limited warranty plus a $1,500 cash rebate on 2016 defender models.

>> bill: "back of the book" a segment, "what the heck just happened?." starring the controversial nfl quarterback colin kaepernick. as you know, he would not stand for the national anthem, citing social injustice. now, kaepernick looking for a job but he cannot find one. >> you know, your san francisco quarterback, i'm sure nobody ever heard of him. there was an article today reporting that nfl owners don't want to pick him up because they don't want to get a nasty tweet

from donald trump. do you believe that? >> bill: here now to analyze, bernard mcguirk and greg gutfeld. do you think kaepernick is being blackballed? >> absolutely not. you cannot blame the teams were avoiding him. football is about football, is not about politics. imagining dumb imagine if you a producer that said i think we sa cooking segment in a block, you could be cooking tostadas of david spade. he would be like, you are fired come out of here, i don't want you near here. this was a selfish move on kaepernick -- whatever -- what kills me, his excuse for standing up now is because he says that the problem of racism or whatever has been solved. maybe you should bend over for climate change. >> bill: number one, i like the cooking in the able outcome i wouldn't have hired a produce producer. number two, he said he will stand next season but he may be standing at home because nobody will hire him. it looks like. >> it does look that way. first of all, i like the way trump doesn't mention the bombs

name. also, i'd like to say that to be clear, he did spit on the military, the police, and the cops. that is what he did, all based on a lie, ignorance, cheap grandstanding. this, bill, this just broke, i just saw this on twitter, kaepernick just got assigned to a one-year deal deal, believe it or not. by isis, it turns out. >> bill: [laughs] the jv isis. here's the deal on this, for people who don't follow sports. kaepernick is good enough to play. he is good enough. he was on a bad team last year with the 49ers. the guy can run, he can throw. he should be signed. his protest, for whatever reason, is hurting him in the marketplace, no doubt about it. >> the marketplace should take into account how he makes mansfield. i am a lifelong 49's fan. he has changed the way i look at my team. i used to think of joe montana and now i think of this

shriveling round. >> it would be like hiring al sharpton -- >> bill: another football thing. tom brady's furious. after the super bowl, he went into the locker room, he had to take his jersey often has pads and all of that. somebody stole the. it reached the white house spokesman today. roll it. >> by the way, i am very happy that the individual on the press corps who took tom brady's jersey, that that has been returned properly, another bat on the press. we have right of that wrong. >> bill: [laughs] another bad on the press. who took it? >> it was a mexican journalist. as it turns out. as trump said, maybe they are not sending us their best. >> they can't find the malaysian jet but they can find tom bradys jersey. [laughs] i mean -- >> bill: the fbi got involved. they did find it out of the surveillance video. if this guy, he was credentialed, not only this

year, but he stole another jersey. >> he had another jersey. he had a guy's helmet, too. denver broncos helmet. >> bill: von miller. these things are worth money. >> this is interesting. we are not just losing our jobs to mexico about, but our jerseys. if you are going to steal something, steal something you can sell. one-of-a-kind things you can't sell because no one will buy it. you sell things that are a member of a bigger group, steal his underwear, you can sell it on ebay, that is where i get all my briefs. >> they estimated the jersey was worth half a million bucks. >> how did this guy get into the locker room? >> bill: there is good reason. we don't know what he will be charged with, he is in mexico. it will be grand larceny. >> america can sleep tonight because brady got his jersey. >> bill: brady got his jersey back and kaepernick needs a job. all right, gentlemen. "the factor" tip of the day.

the band, the florida georgia line. they are doing an exceptionally nice thing. "the factor" continues all across the usa and all around the world. ♪ allergy symptoms distracting you? doctors recommend taking claritin every day of your allergy season for continuous relief. claritin provides powerful, non-drowsy, 24-hour relief. for fewer interruptions from the amazing things you do every day. live claritin clear. every day. ♪ what we do every night is like something out of a strange dream except that the next morning it all makes sense. to power global e-commerce fedex networks are massive far-reaching and, yes a little magical.

♪ you feel every mountain we've ever conquered. in our sports cars, you feel every podium we've ever climbed. and now, they've come together to create something you've never felt before. introducing the glc coupe. part suv. part sports car.

all mercedes-benz. don't let the food you eat during the day haunt you at night. nexium 24hr... shuts down your stomach's active acid pumps... to stop the burn of frequent heartburn... all day and night. have we seen them before? banish the burn with nexium 24hr. >> bill: back to "tip of the day," cheers to florida lime, the band the moment. my new book old school life and the saintly and written with my pal bruce spears dean hits the market tonight. old school is a humorous book we hope about a serious topic the culture war raging in the usa. snowflakes versus traditional folks. posted a chapter on billoreilly.com, you get a preview, amazon, barnes & noble, you'll get it first. kristy loken, montana californi

california, you are right when you told charles krauthammer that you defended president obama when he thought it was warranted, he's not objective when it comes to president trump. liberal tactic chatting on the conversation by labeling your guests charles krauthammer, not pharaoh and ballast. i'm not labeling charles because he defies labels. i offered up my point backed up by fact that he often goes negative on the president. it's the way it is. san diego, thank you for calling out charles, he believes trump is not worthy of the office. it appears as though you've returned to your senses mr. o'reilly, you acknowledged charles is smarter than you. bill wilson i agree with your assessment that the country is in serious trouble if the leakers are not found. florida, if it's a crime for julie massage to publish

classified material, why is it not a crime for journalists? >> it goes to intent, julie massage wants to hurt america, journalists always say they are improving the country by informing the folks. i am nine and then third grade i watch the factor every night and i'm coming to see you and the spin stops here show intercom on saturday saturday. well excellent comeuppance. if we want to meet you so we're sending you and your mom and grandfather and everybody who's coming with you backstage passes. dr. andrew white charleston illinois. just completed killing the rising sun and believe it belongs in every high school library, thanks for the wonderful history lesson, you're welcome, doctor, thank you for reading my book. a couple of big anniversaries to tell you about, jim and ivory brown, both couples living in

california, way to go guys. , we raised tens of millions of dollars to get a severely wounded american vets high-tech wheelchairs to the organization independence fund.org. so far close to 1800 track chairs have been given out and now the country group florida georgia lime has gotten involve involved. ♪ ♪ ♪ ♪ >> bill: of florida georgia lime is highlighting the program, bringing 11 vets to their shows and presenting them with the life-changing machines. recently sergeant shane savage you see him there who did five combat tours received a care

from the band. the sergeant lost his leg in afghanistan, now he's got a track chair so he can play with his three children. we applaud florida georgia lime, they are patriots, we hope other entertainers follow their lead. factor "tip of the day" commence at four to snide, please check out the fox news factor website which is different from billoreilly.com. we like you to spout off, if you wish to find the word of the day, do not be taciturn. tomorrow will have a preview of the new republican health care deal. i can't really make a prediction tonight on it as i said, tomorrow i might be able to. it's a big day on thursday with the vote in the house on that. asking the folks about the supreme court. i have a feeling it's going to be grim. i am bill o'reilly and we thank you again for watching, please remember the spin stops

right here, we're definitely looking out for you. ♪ ♪ >> tucker: good evening and welcome to "tucker carlson tonight," just days ago, a hideous crime was allegedly committed in washington, d.c., suburb of rockville, maryland. a 14-year-old girl, a ninth grader at rockville high school was reportedly dragged into a bathroom and violently. henry sanchez million live in this country a few months ago. sanchez is 18 years old and in this country illegally. instead of them deported back to his country of origin, he was placed in the ninth grade and educated at taxpayer expense. this is insanity of course, a sign of a sick civilization at war