and now you know the news for this thursday, july 16, 2009. i'm shepard smith. there is someone here to see you now! bill: "the o'reilly factor" is on. tonight -- >> make no mistake. the status quo on health care is not an option for the united states of america. bill: it's a complicated matter -- your health and the government paying for it. we'll lie out the facts and some of them could make you sick. ♪ bill: now michael jackson's family says his fire injuries in 1984 led to a drug addiction, and the l.a. police say doctors may have killed jackson with drugs. geraldo has the latest. >> i believe that my reputation is such that i ask the hard questions, but i do it evenly for both sides. bill: and why is this lady

blinking? body language zeros in on judge sotomayor and an emotional chuck schumer. caution, you are about to enter the no-spin zone. "the factor" begins right now. [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- bill: i'm bill o'reilly. thank you for watching us tonight. the health care bill a con or a great thing? that is the subject of this evening's talking points memo. america needs to change the health care system because regular folks are getting hosed. there is no question about that. greedy insurance companies and insane medical charges have made it impossible for millions of americans to protect themselves against disease. that cannot stand. we have to fix the problem. president obama's vision is a giant federal apparatus, funded primarily by affluent americans. that's not going to work. the expense is simply too great.

punitive taxation will not be able to pay the bills and the u.s.a. could very well go bankrupt just as california has. so what do we do? let's run it down. the senate health committee has passed a bill with every demin on that committee voting against it that would force all americans to enroll in a health insurance plan or face tax penalties. the government proposes to subsidize american families making up to $88,000 a year. that would cause the -- cost the feds more than $1 trillion over the next 10 years. to pay that enormous sum, mr. obama wants to raise taxes on americans making more than $280,000 a year. the tax increase might top out at 5% for millionaires raising their overall income tax rate to 45%, the highest since 1986. even raising taxes that high on the affluent wouldn't pay the total health care costs. plus the federal deficit would grow even larger, putting the nation's financial system in

great risk. the plan, of course, fits into president obama's vision of redistributing income, transferring money to those less well off. in fact, wealthy americans paying the bills for nonwealthy americans. but there is another way. if mr. obama cares, which he may not. in switzerland where i visited a couple of weeks ago, every citizen by law has to have health care insurance. but the government doesn't pay. this citizen himself or herself pays, but the government regulates the insurance industry to make sure there is no gouging and premiums are fair. if a swiss citizen can't afford to pay, the government provides. about 19% of swiss are in that category. the key to reforming in the american health care industry is oversight on costs. punishing frivolous lawsuits against doctors, mandating that hospitals charge according to government guidelines. also setting up clinics for the poor where they can go to be treated free of charge.

that's doable. and wouldn't bankrupt the nation. it allows the private system we have in place to continue but prevents exploitation and price gouging. every state has medical boards right now. all they have to do is police costs and any violation could result in a loss of license. talking points doesn't believe the feds can run an efficient health care system, but it can, the government can stop profiteering and unfair practices. but if the obama vision becomes law, care will be rationed and expenses will run wild. that will happen. you heard it here. that's a memo. another view on this. joining us from washington, fox news analyst laura ingraham. so am i brilliant or a pinhead on this? >> somewhere in between pinhead and brilliant. look, bill, we love the watches in switzerland, we love the swiss people, we love the cheese, but not necessarily their approach to health care reform, ok?

the idea that we have to cover everyone in the united states, everyone, every single person in the united states has to be covered. my answer to that is why? if we have a 22-year-old recent college grad who doesn't want to spend $8,000 a year on health insurance, doesn't want to and the company he is working for doesn't provide it, then why force him to take on coverage? bill: do you want me to answer that question? >> ok. i thought i was going to be able to get -- you are asking a question, i'm going to answer it. bill: it costs the nation so much to treat these people who are uninsured in the emergency room. the law requires that, that it's bankrupting our system. it costs the nation -- because people have no health care, they have terrible habits, all right? they get sick. they get treated. the stats prove it. go ahead. >> i don't think that's accurate. bill: it is accurate. >> there are two groups of

people in the uninsured category, right? i think there is about 43% of those who are uninsured are voluntarily uninsured. bill: absolutely right. what happens to them when they get sick? where do they go? >> they pay for it. bill: no, they go to the emergency room. >> bill, you're missing the forest for the trees. if you want to lower the costs of health care, that's a noble goal. i think we can all agree on that. the way to do that is not to have more government mandates come down and choke the system. the way to do that is to give individuals more power over their own health care decisions, over their own coverage. that's where smart plans -- and these are republican ideas -- come into play. tom coburn, richard burr, they have great ideas about having this choice which would be a tax rebate that goes to individuals and families that aren't covered. it incentivizes smart decisionmaking by individuals on health care. that's a very smart idea. bill: i have no problem with

that. i want to keep the private health care system in place, but the government has to provide oversight and make sure that the price gouging and the astronomical rise of everything, including aspirin -- you get an aspirin in a hospital, they will charge you $10 for it. it has to stop. by the way, the swiss system works better than ours. it does. >> i don't know what the mortality rate is in switzerland, but it's better than obama care, i would grant you that. bill: all right. i have to switch over to sotomayor. you have been listening. everybody has. would you vote to confirm? >> no, absolutely not. sonia sotomayor over the last few days has proven herself to be the david blaine of judges, ok? this is a master illusionist, because she has not walked away from 30 years of her views on judging. she has run away from them in the last few days, bill. i mean, her views on affirmative action, her views on the living constitution, that it should evolve over time, her views on judicial

activism, her views on all these issues that are well established in her writings and well established in her speeches. i mean, it's like what do you mean i said those things? bill: you're not buying her. >> no, of course not. bill: miller said last night on his program that the republican party would be wise to simply say ok because they are not going to stop her nomination anyway and try to get goodwill with hispanic americans which the g.o.p. needs to make a comeback. your reply? >> no. if that's what you believe your constitutional role is, incurring favor with one ethnic group or another. bill: do you fight the battle and lose the war? >> bill, you know what i believe? i believe in doing the right thing. if you as a senator believe her approach to the constitution and if you didn't see frank ricci today testify and mr. vargas testify, the two firefighters, it should be required viewing for everyone. it's a telling story.

bill: we'll have more on that coming up later. >> your conscience. bill: miller says look, you have to fight your battles. you want to make a comeback, you need hispanics. you say you have to stand by principle at all times, absolutely. both have valid points. laura, thanks very much. we appreciate it. next, a new poll shows the president's approval ratings are slipping. do americans want the government to run health care? there is polling on that as well. we'll have the data. then geraldo, a very intense homicide investigation in the michael jackson case. we have some new information for you coming up. if you're taking 8 extra-strength tylenol... a day on the days that you have arthritis pain, you could end up taking 4 times the number... of pills compared to aleve. choose aleve and you could start taking fewer pills. just 2 aleve have the strength... to relieve arthritis pain all day. summerville

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bill: the latest rasmussen polling has president obama's job approval rating slipping. one month ago, 56% of americans approved of mr. obama's performance, but now that number is down five points to 51%. on the subject of health care, 46% strongly or somewhat favor the president's plan. 49% oppose it. wow. and on the subject of cap and trade, 42% believe it will hurt the economy. just 19% think it will help. 15% say it will have no impact. finally, should judge sotomayor be confirmed? 37% of americans say yes. 41% no. 22% are not sure. joining us in front of asbury park, new jersey, with the why

behind the numbers, scott rasmussen. let's take the president's approval ratings first. february 1, 2009. president's approval rating, strongly approve of president obama, 44%. ok? july 16, strongly approve, 29%. that's a big, strong erosion, is it not? >> well, it's a big, strong erosion. part of it, though, is very natural. honey moons don't last forever. that's part of what we're seeing. eventually you begin to take control and responsibility for your policies. the big issue for this president is the economy. when he first took office, people believed it was george bush's fault no matter what barack obama did. we have seen that erode a little bit in the last couple of weeks. 39% are now saying it's barack obama's economy. that number is trending up. on top of it, there was a jobs report about two weeks ago that was really discouraging, showed a lot more job loss than people

expected. that seems to have been a turning point for president. up until then, people were feeling that the economy wasn't great, but maybe it was getting better. things may not be going quite the way we want, but at least we were trending upwards. now consumer confidence is heading in the other direction. bill: so is confidence. maybe this follows with people losing confidence in the president's ability to turn the economy around. and i don't believe anybody could do it, by the way, that quickly. but certainly you want to stop the bleeding. the bleeding has not been stopped. that's the problem. >> that's the problem. and people have instinctive belief in this country that more government spending is bad for the economy. they gave the president the benefit of the doubt early on. bill: how did they get elected? this guy is the biggest spender of all time in the history of the republic. as we just laid out, the health care deal could very well bankrupt the united states. and it could. there is no doubt that they are really playing with fire here. and your poll says that most

americans get that and don't want the plan now. >> right. first of all, people still don't even know what the plan is. this will change as the final plan shapes up. but what we have in health care is people like the idea of reform. they think their system could be better. bill: it has to be reformed. >> most americans, while they may not love the system, they are comfortable with their own coverage. they have great faith that no matter how bad things are now, congress could make it worse and they are very fearful. the fact that they like their own coverage, and very few people think they are getting poor health care coverage, means there is more people with things to lose in this debate than there are to gain. bill: i was happy to see the cap and trade deal again. people are getting it because it is a huge con now that india, china, and mexico are not going to participate. it's going to hurt us, limit us, and people are catching onto that. >> now, the first thing is the phrase cap and trade doesn't connect with most americans. in fact, we asked people what

it meant. a plurality of people actually thought it had something to do with regulating wall street. bill: they don't know that. i understand that. >> when we asked about the climate change legislation when it was passed by the house, people do think it's likely to hurt the economy. they are not following it all that closely at that point in time. when he got to the key trough, that's more important here, creeth jobs or trying to do something to help the economy. by a 3-1 margin, they said we have to create jobs. bill: trying to help the environment. you said the economy. >> right. bill: the pocket book will always win. sonia sotomayor, most americans don't want her to be a supreme court justice. i guess that's because of the latina deal and the racial aspect of this. otherwise, she looks like a very competent judge. >> her numbers right now are truly a split. the people who are undecided, they really like barack obama so they are willing to give him the benefit of the doubt. you have half the country who either say she should be confirmed or we're not sure but we like the president.

this is just proof that elections have consequences. bill: that's absolutely true. but i think there is a shift in america going on right now. there is a big shift going on right now. it's faster than i ever thought it would take place. we always appreciate you coming on with the numbers. directly ahead, the homicide investigation surrounding michael jackson heats up in los angeles. geraldo is tracking it. he has some new stuff also on that florida couple brutally murdered in their own home in the panhandle. later, megyn kelly on elderly women giving birth through in vitro. quality and reliability...

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bill: as we reported last night, the family of michael jackson is now admitting he was addicted to drugs. they say that while shooting a pepsi commercial in 1984, mr.

jackson's injuries from an accidental fire drove him to seek painkillers. that led to a drug dependence that lasted about 25 years. now, the l.a. police believe jackson's drug addiction may have been fed by a number of doctors who could be charged with murder. with us now, fox news anchor geraldo rivera. it's the same old story. we discussed this before. very early similar to elvis presley. >> and anna nicole smith. bill: anna nicole smith is a bit different. that was a very strange situation. here you had the legitimacy of very, very wealthy people who were isolating, doing exactly what they wanted. they bought these doctors, they came in, and they wound up dead. however, the drug addiction component of michael jackson's story really hasn't ever been told until now. >> well, i think that jackson admitted to being addicted to painkillers earlier. bill: did he ever go to rehab, by the way? >> it's unknown. i think his rehab was private. i don't think jackson ever went

to anyplace where there would be a group. bill: no. >> there are two very key words here. implied malice. implied malice is very important because it assumes a recklessness, a depravity, an absolute wanton, gross negligence that is the legal equivalent of intent. why is that important? i put an apple on bill o'reilly's head. i take an arrow. you stand there, bill o'reilly, i'm going to shoot that arrow up your head. zoom. that arrow goes through your forehead and you die. i didn't mean to kill you, but it was so reckless, so wanton, so depraved. bill: by giving this guy this heavy duty -- you on your weekend program gave a simulated -- >> it wasn't simulated. he took the diprivan. bill: it wasn't for recreation. >> they do it to get knocked out. when i compare it to anna nicole smith, that's the aspect

i meant. she was a pharmaceutical drug abuser like michael jackson and she took in her case a mickey finn to get her to sleep because she couldn't sleep. in jackson's case, he allows this conrad murray doctor, this houston, las vegas, based doctor to be his, quote, unquote, personal physician. conrad murray, although he is not licensed to dispense dangerous drugs and narcotic in california can give diprivan. but it is to give it in a home setting and not in a -- bill: reckless. >> not in a hospital setting, it's reckless, wanton, depraved. it is conduct so shockingly out of the norm that you can imply malice. therefore you can charge murder. bill: are you buying this 1984 fire as the root of his addiction that he had on painkillers after his hair caught on fire? are you buying that? >> to me jackson began abusing to the extent that i know when

his star began diminishing. it's not about the fire, the pepsi commercial. it's "thriller" happens. then i went to the jackson five concert the next year, 1984. he's a huge star. really until 1989. then his star starts to wane. then there are the various complaints. i'm not suggesting that he didn't have some physical pain from the scalp being purned and the various surgeries, and clearly from the various serial plastic surgeries that he kept getting. i imagine that he had pain, but he also took the easy way out. bill: so many people when they go in decline, they look for escapes and that led to it. >> he had to insulate himself not only physically but also emotionally and psychologically. bill: you think the doctor will at least be charged with murder? >> it may be manslaughter but i believe they will go for implied malice. bill: let's go down to the panhandle in florida. a very strange case.

adopted children, nine in the house. a bunch of people come in, kill the couple, make off with the safe. geraldo and i have been covering crime, if we both added it up it would be close to a century how long we have been doing this. none of this makes sense. >> here you're looking at this picture. i call this the redneck ocean's eleven. that's what it's going to be. they got together, they conspired, they practiced for 30 days, they wore ninja outfits and masks. they have the timing down perfectly. they raid the house from two different directions. who does that for a home invasion? bill: nobody. >> and why did they kill the parents if they -- the billings, why did they kill them when they are wearing masks, they are wearing ninja outfits, they are not going to be i.d.'d in that sense? why don't they tie them up? why kill mom and dad and you leave the developmentally disabled children, three of whom were high functioning enough to identify them if they

were identifiable, why do you do that? this is something very deep. this is something beyond -- with all due respect to the authorities down there in pensacola, this has to be more than the contents of that safe. you say this was a wealthy couple. he had a used car lot and another business. i hear they had financial difficulties. i hear also that the drug enforcement administration, the f.b.i., alcohol, tobacco, and firearms are all joining in with their own investigations. bill: there is more to this. >> and god bless the billings for adopting these 13 special needs children, but if you can't see that there has to be something more than the rich guy in town gets targeted by sevenmucks who happen to work in the car wash or the detailing, get together to plot this elaborate -- and then the three guys that were supposed to dismantle the security system. bill: find out what happened, geraldo. don't just sit her talking about it. >> they will hire the one guy who dismantle the surveillance

system, please. bill: plenty more ahead. lots of blinking going on in the sotomayor hearings, body language. we'll look at the judge. and chuck schumer getting a bit emotional. then megyn kelly on a 66-year-old woman giving birth to twins through in vitro. why? (pouring rain) i had a great time. me too. you know, i just got out of a bad relatio... it's okay. thanks.

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>> do you think you have a temperament problem? >> no, sir. i can only talk about what i know about my relationship with the judges of my court and with the lawyers who appear regularly from our circuit, and i believe that my reputation is such that i ask the hard questions but i do it evenly for both sides. bill: ok. so we had a lot of blinking there, tonya. i should introduce tonya. joining us now from west palm beach, florida, the body language czarina, tonya. i was a little ahead of myself there. we have fluttering of the eyes. rapid blinking as most people know if they watch "the factor" is usually associated with nervousness. there is no reason why the judge shouldn't be nervous. come on. everybody would be in that situation. but she has some fluttering. that's what i wanted to know about. >> right. you know what?

it's funny because typically you're right, that's an indicator of anxiety, nervousness. when you're watching her, if you notice, when you base line her over a period of months, you will realize that's something she does all the time. that's one of her norms. what i was looking at more was her hand movements. typically she is a little more animated than she was here. her movements were a little more dominant where they are normally a little more higher up, her gestures are normally higher up. bill: what does that tell you? that she is consciously trying to play it down? >> i think that she was really trying to control how she came across. one of the first things i noticed when she is asked the question about her temperament, she does this little unconscious head negation to say complete disagreement, in other words. then i just noticed that the hand movements were kind of very low to the table, yet they were open. the fingers were open, palms were down, which is of course the dominant role. i think that she was controlled and really thinking about the movements she made.

bill: she looked to be a little hunched over to me. does that indicate anything at all, or is it just habit? >> no, because again i think she typically sits like that. i noticed that in past videos i have looked at, she typically sits a little hunched over. bill: let's go to senator chuck schumer who is a big judge sotomayor supporter. he got emotional when talking about it. roll the tape. >> when sonia sotomayor was growing up, the nancy drew stories inspired her sense of adventure, developed her sense of justice, and showed her that women could and should be outspoken and bold. now in 2009, there are many more role models for a young cardinal spellman student to choose from. with judge sotomayor foremost among them. bill: all right. so the senator got very

emotional and he was tapping his little finger as you saw on the thing. what does all that say? >> that's like a time taker. that kind of helps him to collect himself, regroup. if you notice, the little dimples underneath the chin, too. the mouth tightened, the jaw tightened, even the throat tightens. you see this movement. then the finger tap gives him a second to collect himself. bill: why would you get emotional talking about cardinal spellman which my high school used to play in football? i'm not getting really what was driving this whole thing. do you know? >> it struck some kind of chord, i will tell you, because that looked like it was genuine emotion. when i saw the little dimples ear and the eyebrows kind of go up a little bit. then you hear it in his voice. bill: i wanted him on the program. he didn't want to come on. i think he thought i would make fun of him or something, but he usually comes on. i'm not making fun of the senator. look, rags to riches stories in this country are to be

celebrated and a lot of people get emotional. i get emotional about your story, tonya. you used to be at burger king. now you're the biggest body language expert in the world or something like that. in fact, i may cry right now. in talking about emotional, michael jackson's father, joe jackson, appeared on national television. roll the tape. >> i didn't know anything about the drugs. i didn't even know the name of them. i do know that whatever he was taking was to make him rest because he had been working so hard. those drugs were supposed to make him relax and sleep. but anyway, he didn't wake up. he never woke up. michael died in his sleep. bill: what did you pick up from that? >> yeah, this was -- you know, when you watch him, first of all, you see the hand movements. his words were saying that he actually did know.

my impression is that he actually did know. first he says i didn't know about the drugs, i didn't even know what the name of them were. so right there there is a disconnect. he says he didn't know about the drugs, but then he says i didn't know what the name of them were. then you see the hand movements, open and closed, open and closed. initially when he is asked about the drugs he goes from a steeple of power position to a hand folded position which tells me he was hiding something. bill: there is deception in his presentation. there is kind of a flat monotone about it. if my son had just died from an overdose of narcotics or anything else, i don't think i could be as dispassionate as he was. do you pick that up? >> lack of emotion. yes, sure. bill: i don't know the name of it. all right. get back to the beach. we appreciate you taking time out of your vacation to help us out tonight. when we come back, megyn kelly on elderly women giving birth through in vitro.

is it legal? and the job market so tight, some women are cleaning houses topless. we'll tell you about it.

bill: in the kelly file segment tonight, miss megyn kelly did a fine job of co-anchoring the sonia sotomayor coverage with bret baier. meanwhile, a 66-year-old woman gives birth to twins and dies

three years later. here now fox news anchor megyn kelly. all right. so you were telling us in what they call the preinterview that one of the firefighters in new haven who testified today impressed you. let's roll the tape. >> we were devastated to see a one paragraph unpublished order summarily dismissing our case and indeed even the notion that we had presented important legal issues to that court of appeals. bill: of course that was authored by sonia sotomayor and two other judges. that firefighter was not impressed with the judge. >> here's a hispanic guy who along with 18 other firefighters -- the others were white -- had studied, had gone the extra mile to try to pass this promotions exam. they passed it, they did well. then the city said you're not getting your promotions. here's the problem. he said look, i -- this is frank ricci, the named plaintiff. he said i expected -- the trial judge ruled against us. we take it up to the second circuit court of appeals.

one of the most respected court of appeals in the nation. i expect add thorough discussion of my claim. something from the court of appeals explaining to me why not only was i not getting a trial but the other side was getting judgment. the entire case was getting thrown out. what i got was one paragraph from her that didn't even -- bill: no, it just said fine with us, let the city throw it out. but you know we did rasmussen up top of the program, and most americans don't want judge sotomayor confirmed. it's because of that. >> that ricci case is really powerful. i have to say the other thing he said is justice alete owe is the one who really got it on the u.s. supreme court. if you read his concurrence in that case, he really let the lower court have it. he talked about how sotomayor and the other judges dismissed this case saying look, the city of new haven was just trying to protect itself against a lawsuit. but let me just finish a point. what he said was that's not what the record supports. the record shows that a very powerful african-american reverend went to the mayor of new haven and said you don't

promote any of these african-americans, you only promote these whites and that one hispanic and you are going to get it at the ballot box. why didn't they talk about that? bill: there was intimidation. that was a good point. knowing all of that, sotomayor, should she be a justice on the supreme court? >> listen, she is going to be confirmed. she is not outside the mainstream. bill: should she be? >> conservatives, i know they are upset because barack obama gets this choice. they could have done a lot worse than sotomayor. bill: they could have done worse. >> much worse. bill: i am leaving the possibility open that once she gets in, she will be ruth bader ginsburg ii. >> she could be, but not on law and order. bill: she can't get fired. she can do whatever she wants to do. it's like the pinheads teaching college with tenure. this bothers me. 67-year-old, 66-year-old spanish woman lives in barcelona. comes over to los angeles to have in vitro because in spain it's against the law to have

over 50 in vitro. in america, we have no law. you can be 98 and have in vitro. so she gets the twins, births them, dies two years later. what say you? >> right. she goes in and she lies and says she is 55. we don't have a law but we have ethical standards that most of the clinics follow. bill: this clinic i don't even think cared how old she was. she paid a lot of money for it. >> they say we don't check identification. she said 55. she was actually 66. now, i have to say i called one of the most respected fertility doctors in new york city and asked the head of the clinic there do you guys check for i.d.? is that normal? he said yes, we do. bill: they do in new york. >> especially if there is a question about how old the person is. bill: this is a clinic that charged this woman so much money she had to sell her house. she had to sell her house. >> you can buy a baby in any one of a number of ways, bill. this woman bought these two babies. she was 66 years old.

bill: there should be a federal law, kelly, that puts an age limit on this in v. metro stuff. >> how are you going to do it? bill: a birth certificate. >> are you going to put federal law on adoption? bill: it's not the same thing. you're talking about the health of the baby. you're talking about after menopause, the health of the baby. >> once you open the door to letting the government regulate parental rights, it's a very slippery slope. bill: i don't care if it's a slippery slope. i'm looking out for the kids. 66 is too old to birth a kid. >> you have a very strong libertarian streak. you don't like the government stepping in and telling you how to raise your children. once you open the door to the government telling you how to raise your children. bill: if you want to adopt them, i have no problem. you can't birth them after menopause. >> an ethical standard for doctors is one thing. we don't want the law getting involved here. bill: this is an aberration of nature. that's what this is. talk about another aberration. you will remember the case of a woman who disguised herself as

a teenager, taunted a 13-year-old. the 13-year-old committed suicide. this woman was convicted of what, kelly? >> basically accessing a myspace account illegally. bill: ok. she was going to be sentenced, correct? >> correct. bill: but the judge threw it out, judge wu. why? >> her name is lori drew. he threw it out and said the prosecutor made a nice try but the law just isn't on his side. you couldn't get a straight harassment case against her because the law doesn't spell out cyberbullying. bill: the law doesn't say you can't abuse people on the net, even if it's a minor. >> the law is not catching up to the internet. a creative prosecutor tried to get this woman. bill: would it not be like the law not catching up to in v. metro fertilization? >> no, it's not. the judge did the right thing. bill: come on.

the woman committed a crime. >> don't get me on this. my show was the first to out this on a national level. this woman probably would not have gotten the shame that was brought upon her if it were not for my show. i'm no fan of lori drew. i can see why he threw this out. bill: the prosecutor is appealing, right? >> the prosecutor says he is considering it. he probably will. bill: i hope he does. >> federal law has been submitted that can protect against cyberbullying where this happened, they have already changed the law. bill: reality check on deck. take a look at this kid. take a look at him. his mom apparently closed down his internet account. i guess he didn't like it. ♪

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bill: back of the book segment tonight, reality check where the unvarnished truth gets a workout. white men are really taking a beating this week. first there was a maureen dowd last stand for the white man column in "the new york times" which we discussed last night. then senator dick durbin picked up the theme. >> chief justice roberts and justice alete owe were, are white males, and of course you come to this as a minority woman candidate. when we ask questions of the white male nom niece of a republican president, we were basically trying to find out whether -- to make sure that they would go far enough in understanding the flight of minorities, because clearly that was not in their d.n.a. bill: wow, does that not sound like a racial statement, white men can't understand the

minority experience? way to go, dick durbin. check two, senator tom coburn also has a little racial controversy. >> if i go home, get a gun, come back and shoot you, that may not be legal under new york law because you would have alternative ways to defend -- >> you would have lots of explaining to do. bill: explaining, of course, from ricky ricardo from "i love lucy" fame. some hispanics were offended by that remark. check three, jon stewart offends folks or am i wrong? here is "the daily show's" latest sarah palin offering. 5u as all the media attention continues to swirl around her and her family, she made the decision she could best help them by stepping down as their mother. >> i'm sorry. say that again. she is what? >> that's right. effective immediately, she will be turning over the raines to some other lady.

-- turning over the reins to some other lady. >> what lady? >> you would like to know, wouldn't you? don't worry about it. she will be great. >> this is shocking. >> world exclusive. suck on that van susteren. bill: greta has no comment. she is bigger than that. check four, cnn has very happy with president obama's trip to africa, very happy. >> when presidents come over there, they are usually warmly received. but for a western leader, have you ever seen anything like this? is this unprecedented? >> it's not unprecedented. when president bush was here, you will remember in february there were people who were drumming, there were dancers, and president bush joined some of them. so it's not unprecedented. bill: what would be unprecedented is if president bush caught a break from the media. check five, the sad saga of young steven. according to internet law,

steve's mom punished him by closing out his internet account. steve apparently was not pleased. [screaming] bill: he looks like neil cavuto at times. an estimated five million people have watched steve's tantrum, almost as many as saw the "inside edition" clip of me. could steve's actions have been staged? yeah, i think so. finally, big ads running in some newspapers. they prove that fox news is dominating the cable news industry by a huge margin. fnc 10 of the top ten programs. so congratulations to us. what is really interesting is our competition has pretty much collapsed, and that is change we can believe in. that is the reality check. pinheads and patriots on deck

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bill: judge benjamin was of that heritage. his people were primarily from portugal. hey, bill, didn't people tell us people shouldn't be judged by the content of their skin?

about time, dave. he's only been in office six months. when things happen, i report them. foolish, sir. just because something is legal doesn't make it right. ask the americans fighting in iraq and afghanistan to protect you what they think of goldman sachs paying nothing to support the federal government. the first step toward changing a bad law is explaining why it's bad. goldman is the poster boy for that. well, you can take your umbrage, mike, and wise up. either help the country or you don't.

quakebuttock was the word of the day. it means coward. he's not a coward, but he wasn't honest in this case.

right back at you, george. thanks for reading my book. www.foxnews.com/oreilly. that is "the factor" web site with the talking points memo. and we have a bunch of important ones this week. also please email us with pithy comments from anywhere in the world. the mail has been great this week. oreilly@foxnews.com. name and town, name and town if you wish to opine, and here is the record of the day -- please when writing to us do not objurgating. when's the last time you heard that one? "the factor" continues 24/7 on billoreilly.com. check it out. "hannity" is next, and we will see all of you're billoreilly.com premium members. i am bill o'reilly. we do hope to see you again next