make you like me. i will not lose sleep over it. say something, call the number on your screen, 877-225-8587. that's all the time we have this evening. thank you for being with us. we will see you tomorrow night. >> bill: "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, intended to evolve as our country evolves. >> bill: the most politically important story of the year, will judge neil gorsuch be appointed to the supreme court? "talking points" will lay it all out for you tonight. >> she's 14 years old, she said, a 17 and 18-year-old student, they took her, grabbed her, police say she was forced into the bathroom and raped. >> the judge said one came from el salvador. the other from guatemala. >> bill: the country shocked

by the alleged rape 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 havehe 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 a democrat winning the white house would appoint yet another liberal judge to the supreme court.m in recent times, the courtou has ruled on politics, not the law. many americans fear that. mr. trump nominated neil gorsuch from colorado, a very solid

judicial record. serves on the tenth circuit t u.s. 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 his 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: 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?si another extension of congress, not a supreme court. 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, if that were 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'tre car. they have temporarily blocked the order and are liberal 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 bed political. they want a liberal judge. finally, the best example oft constitutional debate is that the second amendment, the right to bear arms. it is clear the foundingng faths wanted americans to have the a 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 constitutionall right to defend themselves

against those who would harm them.er that is why 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 andaz 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. becomes solely a political body dominated by the left. summing up, intent, not evolution, should be the litmus test of constitutional law. that is why a 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?jo >> if it was was a matter of qualifications, i would vote for judge gorsuch. i must tell you, bill, would you -- when you say the democrats want a liberal up there 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 s nominee for the same seat, wasn't even granted a hearing. no hearing for him.or >> bill: what does that have to do with neil gorsuch? >> it has a tremendous amount. as we heard today from amy klobuchar, the democrat from minnesota, she said, you have to be aware of the moment we live in.he so if republicans think they can steal a seat and democrats don't respond, are democrats opposedn. to lay there, say, we got beat? >> bill: you are saying, you vote against gorsuch because you didn't like what happened to

garland? you think that is good for the country? >> no. 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 set the precedent for not nominating a supreme court court nominee in a president's 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 gavel, not a rubber stamp, who said that he will buck 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 an evolution, a squishyou 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 didn'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 --

is what the founding fathers. >> bill: that would change. now, we are dealing with the law based on a constitution not an opinion. >> you have to have thinking judges. living in real time. >> 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 today 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 says no? >> you are asking me? >> bill: you are juan williams! >> i am saying it to bill o'reilly.

i'm saying -- i'm surprised. republicans are the problem, not the democrats. >> bill: i love this. williams says no, lisa bootheic 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. is his protest hurting him? "the factor" is coming right back. ng him? "the factor" is coming right by the time you head to the bank and wait to get approved for a home loan, that newly listed, mid-century ranch with the garden patio will be gone. or you could push that button. [dong] [rocket launching] skip the bank, skip the waiting, and go completely online. get the confidence that comes from a secure, qualified mortgage approval in minutes. lift the burden of getting a home loan with

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far-reaching and, yes a little magical. ♪ sorry, just getting a quote on motorcycle insurance from progressive. yeah? yeah, they have safe rider discounts, and with total loss coverage, i get a new bike if mine's totaled. but how's their customer service? great. 24/7. just like here. meat loaf! [dings bell] just like here. anybody got a pack... that needs leadin'? serving all your motorcycle insurance needs. now, that's progressive. >> bill: "impact segment" tonight, one of the problems president trump is having, not only is the democratic party trying to subvert him, but many in the media are doing that as well. the question tonight,

will the press attack judge gorsuch? joining us from 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 op-eds against him. that is predictable. but generally 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.au they see a case of liberal bias in the coverage because yesterday, only fox news of the cable news networks and of the broadcast networks, only fox news ran the gorsuch hearing live while the others stayed for hours on the fbi hearing, which arguably made donald trump look bad. therefore, in their eyes, a case of liberal bias. 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 andh 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. >> your "talking points" were right on the money. you made a very interesting and

important point. w 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 sitting saying to myself, how could this possibly happen? he was giving gorsuch a hard time when some oblique ruling he made about some guy in a truck. [laughs] i am going, the guy has ruled on thousands of cases. go ahead. >> that example is representative of a lot of the c 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."s the thin. priests can care about the little guy and 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, 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 pin head 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 percent 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.i because i'm a commentator. >> 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. talk about comforting you and your family. >> you are. 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-oldd girl allegedly raped by illegal aliens at a high school. "the factor" is coming right back. raped by illegal aliens at a high school. "the factor" is coming

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>> bill: "factor follow-up" segment, journalists that deal with national security secrets. 2005, "the new york times" reporter 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 plame, whose identity was leaked, violating national security laws. judith miller joins us now. so, why, if you didn't write about her, and you didn't, 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 your sources, who leaked the name, i knew i couldn'tke protect my sources, i couldn't get it. >> bill: you were on the national security beat? the special prosecutor, who was it again? >> patrick fitzgerald, james comey's good friend. >> bill: he was after scooter libby chief of staff for the

vice president of the time.e dick cheney. 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 dobo you have to talk to the grand jury and i said i can't. >> bill: you didn't go in? you refused to sit before the grand jury. that is why you got sentenced to jail.. contempt of the process. why didn't you just said before the grand jury and say, i can't tell you?? why didn't you do that? c >> i didn't want to mislead them into thinking they were going to hear something. >> bill: you were saving them money. >> [laughs]le right. g >> bill: you were in jail, people are respecting you,ou 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 to 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 you still protect your source? >> that is a hypothetical. >> bill: a realistic hypothetical. it 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 subsequently wrote a book saying nothing happened to valerie.tl 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 leakers. >> bill: this is what the crux of the leaker thing is now. that the fbi -- it is. let me explain why.

you get out of jail because libby himself say you can testify. your source, libby, called you up and said, go ahead. get 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 leaking her name. >> bill: he was convicted of something else. >> that's right. this is a political witch hunt.. >> bill: i won't disagree withct that.>> it's not worth it. let's go up to today. we have leakers and we have them, they are all over the place, trying to undermine trump. that is what they are trying to do.y by putting out information to journalists, they could, conceivably, violate something that gets somebody hurt. do you cede that? >> i cede that in theory. but that is not as what isha happening here. what's happening here, there was a leak about the national security advisor to the president that he had lied -- >> bill: 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. >> he was a national security b 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 did. 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 fairlyne obvious. >> i don't think it is. i think you never know why people leak. >> bill: we have a polite disagreement. plenty more ahead as "the factor" moves ahead. controversial nfl quarterback colin kaepernick unemployed.ob a president trump brought his name up the other night. gutfeld and mcguirk have some thoughts on it. next, one of the most horrible crimes. 14-year-old high school girl allegedly raped by two students who just arrived in the country. we hope you stay tuned for those reports. ...at t. rowe price... ...we've helped our investors stay confident for over 75 years. call us or your advisor. t. rowe price. invest with confidence.

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>> bill: "unresolved problems" segment, illegal alien crime. president trump has made a major issue of this. in 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, montano 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 18-year-olds in our schools. >> 18-year-olds that would 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 is multidisciplinary education training and support. here now to explain, dana perino. tell me about montgomery county in the rockville area where this took place. this is a heavily sanctuary county 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 they cooperate with federal officials like i.c.e. on detaining. they do cooperate. >> bill: you enroll in school,

this one guy from guatemala,a, 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? t there is a law that you cannot ask students about their citizenship? >> the 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 harl in not educating them than and -- >> bill: there is always a rationale. these people who don't want to cooperate with i.c.e., 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 rape her. and this is okay with you? i mean, these are adults, these guys are adults, and he is sitting in classroom, you know he is probably here illegally, which he is. you can't tell me that the school authorities didthey knew. this is the environment? >> what 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.io 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. s now, we have this 14-year-old -- >> what happened to her is so gut-wrenching. >> bill: it's horrible. >> there is rape that happenspe 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, thets 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 intentionally spread aids. then, gutfeld and mcguirk onie quarterback colin kaepernick not being able to find a job. up next.

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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. is it as crazy as it sounds? >> it is. it is as dangerous as it sounds. what kind of a mentality is operating here that he thinkss this is a good idea for public health and safety? this should remain a felony. as a matter of fact, 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: wiener says, as i mentioned, this is really a fary out individual, he was

tremendously against kate's law. he doesn't want to stigmatize people with aids. that is why he wants to lower the penalties. it is not that you go out and say, i want to infect someone with aids, if you don't usean protection. you know you have the disease, you know it is communicable, you don't tell your partner, don'tio 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 -- incomprehensible. a staggeringly incomprehensible. >> it would extend to people who are donating blood.gg donating breast milk. so there is nothing -- >> bill: you donate blood, youou don't tell the blood bank, okay, this guy doesn't want you punished. >> he is more concerned with destigmatizing. 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 this a picture of your daughter? my heart just dropped because instantly i knew that was her. it was so disgusting, so disturbing to watch. couldn't even look at it. >> bill: what happened? >> a horrific situation. approximately five to 6 men of different ages, they haven't'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 this? you are seeing this horrific crime occur and nobody does anything? i think it is a real problem in the chicago area, this is one of the more horrible problems they have. -- innumerable 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.im kimberly guilfoyle, everyone. gutfeld and mcguirk on deck. colin kaepernick, a quarterback 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.t. next.

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>> bill: "back of the book" 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, t

bernard mcguirk and greg gutfeld. do you think kaepernick is being blackballed? >> absolutely not. you cannot blame the teams for avoiding him. football is about football, it's not about politics. imagine if you had a producer that said i think we should do a cooking segment in a block, you could be cooking tostadas with david spade. you would be like, you are fired. get 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 a block, ish wouldn't have hired a producer. number two, he said he will stand next season but he may be standing at home because nobodyy will hire him.m. it looks like. >> it does look that way. first of all, i like the wayay trump doesn't mention the bum's name. also, i'd like to say that to be clear, he did spit on thet

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 signed to a one-year deal deal, believe itok 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 fans feel. i am a lifelong 49ers fan. he has changed the way i look at my team. i used to think of joe montana and now i think of this sniveling runt. >> it would be like hiring al sharpton --

>> bill: another football thing. tom brady's jersey. after the super bowl, he went into the locker room, he had tom take his jersey off and his pads and all of that. somebody stole the jersey. 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'say jersey, that that has been returned properly, another bat on the press. we have righted 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 brady's jersey. [laughs] i mean -- >> bill: the fbi got involved. they did find it out of the surveillance video. 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 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 buy things that are au 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? i'm not allowed. i put that camera in the shampo shampoo. >> 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 ghline. they are doing an exceptionally nice thing.

"the factor" continues all across the usa and all around the world. ♪ world. ♪ safe drivers who switch to esurance could save money on car insurance. in fact, safe drivers who switch from geico to esurance could save hundreds. so if you switch to esurance, saving is a pretty safe bet. auto and home insurance for the modern world. esurance. an allstate company. click or call.

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weeds. nature's boomerang. at roundup®, we know they keep coming back. draw the line. one spray of roundup® max control 365 kills weeds to the root and keeps 'em away for up to one year. roundup® max control 365. >> >> bill: back to "tip of the day," cheers to florida line, the band in the moment. my new book "old school: lifeth and the sane lane" 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.

i'm not labeling charles because he defies labels.ut i offered up my point backed up by fact that he often goes negative on the president. it's the way it is.

it goes to intent, julian assange wants to hurt america, journalists always say they are improving the country by informing the folks. well, excellent. we want to meet you, so we're sending you and your mom and grandfather and everybody who's coming with you backstage passes. info on the tacoma and omaha shows on friday on billoreilly.com. you are welcome, doctor. thank you for reading my book. a couple of big anniversaries to tell you about, jim and irene brown, both couples living in california, way to go guys.

"factor tip of the day." we raised tens of millions of dollars to get a severely wounded american vets high-tech wheelchairs through the organization independencefund.org. so far close to 1800 track c chairs have been given out and now the country group florida i georgia line has gotten involved. ♪ ♪ ♪ ♪ >> bill: florida georgia line 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 fivee combat tours received a care from the band. the sergeant lost his leg inin afghanistan, now he's got a

track chair, so he can play with his three children. line, they are patriots, we hope other entertainers follow their lead. factor "tip of the day" commence and that is a person may about please check out the fox news factor website, which is different from billoreilly.com. also, we'd like you to spout off about the factor from anywhere in the world. oreilly@foxnews.com. word of the day do not be tech attorney when writing. 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.io 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 wei 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 raped. jose montano and henry sanchez arrived in the 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, auc sign of a sick civilization at war with itself. a strong country enforce its laws and protect its citizens, c