click on the upper right side for the forum and blogger with us. we are open 365, 24/7 -- blog with us. bill o'reilly is next. good night from new york city. she may divorce him. bill: "the o'reilly factor" is on. tonight: >> he and cheney need to go to the hague and stand in the dock. >> we can fire this president and put him in [bleep] jail. >> attorney general holder asked to initiate a criminal investigation. bill: victory for the left. holder says he will now investigate cia abuse against the apparent will of president obama. but is there more to this story? >> we should not be discussing any government run program because the history of the government run program. they've gone down the tubes. bill: there are questions about

whether government mandated health care is constitutional. county feds really force us to buy insurance? is it legal investigates. >> bill o'reilly called me a pinhead, which is a, not true. and, b, really funny coming from a [bleep] like him. [ laughter ] bill: is bill maher making conan o'brien than uncomfortable? body language has the answer. plus, dennis miller raring to go this evening. caution, you where 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: hi, i'm bill o'reilly. thank you for watching us tonight. leadership at president obama that is the subject of this evening's talking points memo. unless you are a hard core obama hater, you have got to be a bit sorry for the president today. on his first day of vacation, his attorney general announces a investigation of the cia.

something obama publicly stated he doesn't want. then the administration announced the deficit is $2 trillion more than the white house thought it was. who knew? all of this within 24 hours plaintiff obama arriving on martha's vineyard. and there is more. stratfor reports things are now going wadly in both afghanistan and iraq. some analysts belief the president has not only lost control of the health care situation. he has lost control of just about everything. that's not exactly fair but what is true is that president obama's leadership is being tested in a major way and americans know it. let's take the cia deal first. abc news reporting that cia chief leon pa netted that screamed at a top obama official inside the white house using profanity. now, mr. panetta is a dedicated liberal democrat but doesn't understand an investigation for the cia alleged abuse after the 9/11 attacks harms the country today because it makes intelligence gathering much more difficult. as foreign nations who might cooperate with us don't want to

be caught in any public controversy. and there are folks who believe the president secretly wants a cia investigation to placate the far left and divert attention away from the health care debacle. of course that is prosecutor conjecture. on the money front, after the president appointed ben bernanke today for another term at the fed. fox news business guy stuart varney said. this. this is a deliberate. what you just saw from the president is a deliberate attempt to bury bad news. the bernanke announcement did i investigators attention from this massive increase in the federal budget deficit that we are looking at and also did i investigators attention from the fact that the president's previous economic forecast had been very, very wrong. bill: again that is stewart's opinion but it is shared by many. so what we have here is a crisis of leadership. there is no question about it. health care is in chaos. afghanistan, iraq getting worse.

deficit 2 trillion more than anybody thought. and gallup reports today that consumer confidence in the economy continues to drop. seems to me it would be very hard to relax on vacation with all of that staring you in the face. that's the memo. now for the top story tonight. the cia investigation as well as iraq and afghanistan. joining us now from austin, texas, reva bala director of afederal sis of stratfor.com a private firm. and david brooks. what do you think of the unintended consequences of the cia investigation? what will they be? >> this may have been a victory for the left. it's certainly not a victory for our country. this is going to throw people in the intelligence community off their game. they are worried about a witch-hunt. which is going to make them risk averse out in the field doing things to keep us safe at home. they are going to wonder whether to get the terrorists or get a lawyer. the other side as you mention may make foreign intelligence services, friendly and foreign intelligence services reluctant to share information with us because it may end up on the

front page of the newspaper. it's going to be a major distraction to leon panetta the director when he should be spending time on the wars we are fighting already in iran as well as north korea. also. bill: panetta has got to stick up for his guys. do you think mr. brooks, obama secretly wants the investigation to get away from the health care mess? that's what some people are putting out. >> there i think there is a political dimension to this. denonizing the bush administration, moving the debate off of health care, cap and trade, the economy, and uniting his base. as you mentioned before. so i think this is part of it. bill, also, this information, being public, could be used by al qaeda and taliban as propaganda to recruit new numbers and to raise funds. bill: i don't think they need any more propaganda. i'm not so worried about that ms. bala afghanistan is a huge obama commitment. and we see, you know, report after report things are not going well there. how bad is it in your opinion?

>> well, in afghanistan, you have an extremely fragile government in place and increasingly sophisticated insur general sismt the problem here is that obama publicly committed himself to this long haul counter insurgency led by david petraeus. the problem is in such a hearts and mind campaign that takes a lot of time and resources. so the question then becomes how do you rec son sil a long term counter insurgency time line with a political time line back at home. bill: pressure right now ms. bala about president obama on afghanistan. you know, people aren't demonstrating in the streets. but i want to know about the military campaign because i don't understand with nato forces and the u.s. forces there, winning every battle, and i think they do, why things are going south. why aren't they stabilizing? >> well, it's a very difficult insurgency to manage. again, it takes a lot of time. you know, the taliban they may live in caves but they still can

understand what drives u.s. politics. so as those casualties mount, you can bet that the debate will intensify. bill: maybe, maybe, maybe. you haven't told me why things are going south in afghanistan. and i don't know. i mean, i think our forces there are doing a good job. are there mortal ban? i don't think so. pakistan's cracking down on them. they are having a harder time over in pac. i'm not getting why the situation in afghanistan is unstable. do you know, mr. brooks? do you have any idea? >> well, at the jcs chairman, chairman of the joint chiefs of staff says the situation is serious and deteriorating. it's becoming increasingly difficult to separate the people from the taliban. obviously pakistan is moving in the right direction along the tribal areas but they are stem able to find a welcome matt out there. bill: i have seen these scare headlines before. nobody can explain it to me. so, i will take the word of the generals that it is deteriorating but i don't know why and nobody else can explain to me. it's kind of like health care,

do you know? nobody can explain the health care thing to me. nobody can explain why the situation in afghanistan is deteriorating. also ms. bala, let's go to iraq, the iraqis are in charge of their own security. u.s. stand down and bing, bing, bing, all these bombings start up again. what's behind that? >> the united states is basically walking on egg shells trying to keep together this very fragile power agreement amongst the sunnis, she a and kurds. in creating power sharing unit they have to promise everything to everyone. that's all fine and good but when it comes time to leave things can get complicated. bill: who is blowing people up there? what's the blowing people up all about in iraq? u.s. forces are out thereof now and they are still blowing up -- arabs are blowing up arabs, muslims are blowing up muslims, why? >> it's a combination of factors. one, you have remnants of jihadists there the sunnis want to show what they're still capable of. and, of course, you have the

iranian factor in play which the united states will not be free of any time soon. as long as the united states -- bill: want to keep chaos in iraq, why? >> well, they want to show their leverage. having residual force of u.s. forces in iraq threatens iran's western frontier. as a result, iran will continue to threaten iraq and the wider region. any way you look at it, the united states will not be free of iraq or the iranian problem any time soon. bill: all right, thank you very much. next on the rundown is, government mandated health care constitutional? some say it is not. is it legal has been investigating. and, later, dennis miller fed up with all the political chaososos gecko vo: geico's the third-largest car insurance company in the nation. but, it's not like we're kicking back, now, havin' a cuppa tea. gecko vo: takes lots of sweat to become that big. gecko vo: 'course, geckos don't literally sweat... it's just not our thing... gecko vo: ...but i do work hard, mind you.

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is it legal team thuener and fox news analyst lis wiehl author of the big beach book face of betrayal: >> it's a good book. bill: all right, kelly. now, this is new. all right? this constitutionality thing. but i think it's a serious play. what do you say? >> they have been totally ignored. >> they have been. >> by most of the media and most constitutional scholars. everyone assumes that president obama and the democrats can impose this tax on us. basically the legislation coming out of both houses of congress proposed would say you have to get health insurance. you either have to get it through your employer if you don't have it through your employer you have to pay for it you have to buy it if you don't. bill: if they do this in massachusetts already. >> they say if you don't do it, then you will be fined by the federal government there is a real question about whether the

congress has the power to do that to you. they would be doing it probably under their commerce clause power which is the broadest power that they have. but, the courts in the past decade or so have really cracked down a little bit more on commerce clause power and just don't give congress an empty check. bill: not constitutional to force people to buy health care. >> i'm saying that would require days and weeks of research. bill buy you don't have that. >> not only do i not have it but the constitutional scholars don't have it yet. >> constitutional scholars with all over the place. stay is constitutional. i don't like a lot of parts of this health plan but the -- bill: why is it constitutional? hold it, wiehl, wiehl, stop talking. nobody understands what the commerce clause is please explain it briefly. >> article one in the constitution says the congress has the power to regulate interstate commerce. that is anything that goes from one state to the other. bill: ok, so what? >> a trucker. it takes your lettuce from one state to the other. bill: what does that have to do with health care?

>> health care itself may be local, your doctor may be in your state buff the medical supplies that come to you, the medical equipment. bill: so what? why can they make you buy anything? >> because they can regulate interstate commerce. those things go through interstate. they can force you -- bill: i want the audience to know this is total b.s. this is why people hate lawyers. this is nuts. ok. here is the question, kelly, i'm going to give one more shot, wiehl. the government is saying you have to buy health insurance. you have to do it. >> right. bill: i say that's unconstitutional. the federal government does not have the power to force an american to buy anything. that. >> is the descrings between this case and most of the cases that come under the commerce clause power. it's more like a taxing power. the congress has the power to tax us, too. let's not fool ourselves bill fill it has nothing to do with taxes. but i think on the upfront, wiehl, the government cannot buy that dress, wiehl. you have to buy that dress because it's good for you. they can't tell to you buy anything. >> or they can tax you.

they can't tell you to buy it or they can tax you. megyn is absolutely right one way or the other. bill: telling you to buy it and if you don't you are punished. >> you are going to get a government benefit. just like your highways. >> you have a decent point because normally they can't tax you unless they have the power to regulate the behavior they want to tax you for in the first place. so we're back to the commerce clause and do they have the power. bill: i don't want to hear it give me a headache. i'm going to go on the record saying now this is unconstitutional. the federal government cannot force you to do or buy anything. ok. in florida, wiehl, there is a law that if you feel threatened you can shoot somebody and kill somebody. >> right. bill: a guy sitting in a car. some other guy came in the car and tried to beat him up or something. he had a gun. when the guy saw the gun, he started run away. the guy shot him dead. this is the guy who shot him. ok. then they tried to prosecute this guy. >> the guy was in jail for two years. >> two years? bill: yeah. the court got this one right. they let him out. they have in texas and in many

other places sort of castle laws. your home is your castle. somebody comes no you're castle you can shoot them. bill: even if they're running away. >> even if they're running away. we had that case in texas a couple years ago. in florida they have stand by your guard laws. it happens not just to be in your home but also in your car. bill: this guy was in jail for two years and then a florida court said no, he had a right to shoot the guy even though the guy was running away. do you concur? >> there was a question whether he was running away first of all. the court reached the right ruling because the law as written doesn't say you lose the right to use dead lid force if your aggressor is in retreat. if florida yarns don't like this they can change the law. right now the courts have got it right. bill: if you are attacked in florida, texas, a couple other states and then you show a gun and then the guy goes whoa, i'm getting out of here, you can still plug the guy. shoot the guy right there? >> trying to incentivise criminals not to behave badly in the first place.

bill: i know what the inhibitor is finally, oprah winfrey, and dr. oz, is that any relation to the wizard? there he is. ok. he is looks a little like the wizard. >> he knows a lot. bill: now, some internet sites said oprah and dr. oz were endorsing diet pills. >> and this aging cure. maybe your viewers have seen. this i have seen this all over the internet. it's got her picture and his picture and makes it sound like they're endorsing some product. you think wow, oprah likes it ok, it must be good. wrong, wrong, wrong. this company has used oprah's image and dr. oz's image without their approval. bill: that's unbelievable. >> to market their goods and has created web sites with their names in the title of the web site. bill: that's unbelievable. >> they are using it to defraud people from their money. when people order these products and they find out they don't work they are not giving refunds. they continue to charge the credit card month after month and now they are in a lot of

trouble. bill: this is beyond brass, wiehl. this is -- so what can happen here? shouldn't the authorities go and arrest these people, number one? they should arrest them on fraud, right? >> absolutely. they are violating federal law called cyber squatting. sounds like something do you in the gym. it sounds naughty. cyber squat something a federal law. they are violating that here is the kicker. if somebody goes out and actually buys these products on the endorsement of dr. oz and oprah, and then gets sick or worse, you know, from the product, who are they going to sue? they can try to go go after the site. they are going to sue oprah and the doctor. bill: they have sued the site. >> there is a criminal investigation underway at the state level in florida. bill: you have got to get these guys. in the state of florida you have got to get these guys. make one promise, i never want to hear the words commerce loss again. >> we don't either. bill: is it legal everybody. directly ahead, bernie goldberg has made an amazing discovery

about president bush and dan rather. bernie will be here. and then, overweight americans under fire if you are chubby, you may be in trouble. coming up. carol, when you replaced casual friday with nordic tuesday, was it really for fun, or to save money on heat? why? don't you think nordic tuesday is fun? oh no, it's fun... you know, if you are trying to cut costs, fedex can help. we've got express options, fast ground and freight service-- you can save money and keep the heat on. great idea. that is a great idea. well, if nordic tuesday wasn't so much fun. (announcer) we understand. you need to save money. fedex

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bill: bernie segment tonight, one of the big campaign scandals you may remember in 2004 was dan rather's report that said bush got favorable treatment from the national guard and thereby avoided going to vietnam. you may remember that mr. rather quit under pressure after the sources for that report proved to be bogus. now, fox news analyst bernie goldberg says there is even more to the scandal than we have known. bernie joins us now from north carolina. all right. i don't want to step on your exclusive here. what did you discover? >> all right. let me mention that just literally just a few minutes ago at 8:00 straight up i posted what i discovered on my web site at bernard goldberg.com. i bet you it's about a loss crucial fact in the so-called rather-gate scandal that i bet you, bill, you didn't know about. bill: i didn't know about it. >> i didn't know about. and i bet you that 99.9999% of the people at home didn't know about. so, first a short background. on september 8, 2004, just 55

days before a very close presidential election, dan rather and his producer mary myspace went on the air on the weekend edition of 60 minutes with a story that said george w. bush back in the 1960's joined the international guard to avoid going to vietnam. to avoid going to vietnam. that he got in because his daddy was a big shot, a congressman from houston a u.s. congressman from houston. that he was a slacker. in minds of some people who saw the story who spoke to me. it was worse than that that he was a draft dodger and a coward. that's open to interpretation. they used -- ratherred use what he called never before seen documents to back up his story. we all know about the documents. 10 seconds after they were on the air people said they were phony, they were frauds. but the entire debate, bill from, that point on has been about the documents. were they forgeries, all right? just the other day i get a phone call from let's call it a deep throat type of tip that says go

to the cbs investigation, which is open to anybody, anybody can get it and turn to page 130. that's it. i go to the document, page 130, and i find something and i can't believe what i am reading. don't forget, the story is about how george w. bush tried to avoid going to vietnam by joining the international guard. well, on page 130 it says without any hemming and hawaiiing it -- hawing, mary mapes knew in advance prior to going on the air that george bush volunteered to go to vietnam and fly combat missions it wasn't just one person who told her. it was more than one. it was several people. i immediately called two people who used to work at cbs intimately involved in the story. both said, what? i didn't know anything about this. we did an online check. not one news story on the news

pages about it. not one network news story about it. but there were two opinion pieces that made the most fleeting, passing reference to it. bill: when did bush volunteer to go to vietnam? >> some time in either late 1969 or a little after that. bill: why didn't the air guard send him? >> because he didn't have enough flying hours. now, now, if the central point he didn't have enough flying hours so he wouldn't qualify. the central point of the piece is that he tried to avoid service in vietnam. bill: if he volunteered the whole thing goes up in smoke. >> that's right. and she didn't share it with us. my question is. bill: i know enough about the story that there was a time when president bush, while he was in the air guard said i do not volunteer to go to vietnam. >> that's right. that's in my story at bernard goldberg.com. then he had an explanation for that.

what i say is whatever the interpretation of at one point he said he didn't want to go overseas. at another point he did. whatever interpretation you put to those to that seeming con from a addiction. if the any point the producer knew that he volunteered to go, she had an obligation to put that in the story. and she didn't. now, my question is, we know that she didn't share it with the audience. about d. she share it with her correspondent, dan rather, or to put it another way, bill, what did dan know and when he did he know it? now, do you know why president bush contradicted himself and one time said i do want to go and then i don't want to go? >> there was a statement that he gave the "the washington post" in july of 1999 that said look, i didn't want too go in the vietnam in the infantry. i readily admit that i joined the national guard because i wanted to fly. he told the "the washington post" if my unit was called i

would go. and then his office, he was governor at the time. his office said and you should read it on my web site but his office said look, he volunteered for a specific job with the national guard. it would have been improper for him to say i'm going to the international guard. i also don't want to go overseas. it is a complex thing. but, as i say, however you interpret it. if she knew that at any point he volunteered,she had an obligation to say -- let me say one other thing very, very quickly. you could make a case that he volunteered. i'm not making this case, that he volunteered knowing he would never be allowed to go. but if mary mapes felt that was true. bill: do a fair and balanced report and put on a credible person that said it was ha sham. bill: next time ask him did you know about this. >> good luck. bill: we can find him. you know us.

bernie goldberg go to his web site and you can read more yourself did. bill maher embarrass conan o'brien last night? tell us about the nasty exchange. also, dennis miller wants to you listen to him about why the listen to him about why the country is sois s to silence headaches... doctors recommend tylenol... more than any other brand... of pain reliever. tylenol rapid release gels... release medicine fast. so you can stop headaches... and feel better fast.

bill: there is a campaign to fight obesity in america. more than 30% of americans are

significantly overweight. enter peta the animal rights people. they have put up this billboard in florida showing overweight woman in bikini and referencing whales and blubber. question do americans have the right to look the way they want to look or is it legitimate to criticize people who are row fund. joining us from los angeles, fox news analyst tammy bruce and radio talk show star leslie marshal. peta found out we were going to do the story today took the billboard down and put up another dopey billboard that's not nearly as offensive. leslie, you know, it looks like open season on people who are overweight in america. can you mock them, you can do whatever you want. that's always happened in school. but now it looks like it's breaking out into. >> it's true in los angeles. in l.a. i'm a chubster.

look at biggest loser. we don't just pick on fat people we seem to have a fascination with fat people. shock values you a know, bill. this was very effective, it was shocking and we are talking about it with you and i think that's what peta wanted was the attention because i don't think fat people were going to say put down that burger and stop eating meat because this billboard. one person does stop eating meat, one person does eat less but say hey, i need to lose weight for health reasons, i think it actually can have a good outcome. bill: the problem here tammy is peta is saying meat causes obesity and it doesn't. >> no, it doesn't. as a matter of fact, you are looking at animal protein, those diets primarily of animal protein is where you can lose weight. it's the carbs, it's the bean based proteins. panda bears are vegans they need to lose weight and the whales referred to in the peta add.

if there was more broccoli in the ocean maybe they would get a hint. i'm not quite sure. the truth of the matter is really you have to look at the peta web site. are there i think people need to ask, are there business interests that are also associated with what peta and other left wing groups are promoting when it comes to business endorsers and promoters and those who donate to these groups. i think that's an important reflection on peta and other groups as well. >> people trying to make money and prot la advertise. 40% of americans overweight. easy to be overweight because we eat a lot of sugar here. there is a loft goodies here. fast food. i had a wendy's burger today it was like 600 calories. i'm glad, leslie, that they posted it at wendy's i was thinking about it do i need these 600 calories and the burger? you know i said i haven't had a burger for like eight months i'm starving so i'm going to get it and then i have to do 35,000 sit-ups. but the problem in our society

is that people choosing to be a little hefty now are going to be punished. they are going to be taxed. that's coming. there is no doubt that tax on sewed, tax on sugar. tax on fast foods. i guarantee you with the federal government being broke they will have to tax just like the cigarettes and the booze. they have to tax all of this stuff. is that a good or a bad thing? >> well, bill, like you, i don't want to pay more taxes but can i tell you a healthier america is a good thing. and, you know, you just talked about wendy's. let's talk about a big mac. look at the size of a big mac here compared to let's say copenhagen denmark or any other country and four, five, six, seven times the calories here as opposed to another country. we super size it we use the transfats. that stuff has to be cut out because we strangling our hearts. bill: if you are hungry, you don't want to eat some little fish that swims up into the copenhagen peninsula. >> have a burger. i agree have a burger, yeah, but

you can have a burger that's not as big and not laced with so much transfat or cooked in so much transfat. bill: freedom is hitting health costs because obesity does take it out on everybody because you are not as healthy when you get sick -- >> can i make a point about that? bill: go ahead. >> you noted, bill, that they are starting to tax things like they have already taxed the cigarettes, the alcohol, probably going continue to crease taxes on that. now that we have been set on fire economically and they are probably going to tax sugary drinks. here is the irony. one hand tell people they shouldn't be doing those things because we are under obama's death care we are supposed to pay for everyone's health insurance. on the other hand, if people stopped smoking and drinking and eating sugary foods, this there will be no federal tax revenue. this is the problem with the nanny state. you can't have it both ways. government needs to get out. look, americans and human beings have survived just fine without being told how many calories are in their food.

bill: -- 79. you know, i don't know how -- you guys want to live much longer than that because then you are too weak to even hold a big mac. it just falls down. >> exactly. >> but if you guys -- if we are living not long but living that long sitting on the couch just with a remote and we are never active and we are strangling our heart. bill: if i get to 79, i'm going to be on the couch, all right? with a giant twinkies, the remote. >> spread out being a tall guy. bill: i cheated the hang man. thanks a lot. we'll be right back, dennis miller on the state of the union. the d-man says we are not doing so well. and then, body language on bill march, conan o'brien and so many arthritis pain relievers -- i just want fewer pills and relief that lasts all day. take 2 extra strength tylenol every 4 to 6 hours?!? taking 8 pills a day... and if i take it for 10 days -- that's 80 pills.

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bill: thanks for staying with us, i'm bill o'reilly. we have alerted the authorities. miller has had one hot summer here on the factor. roll the tape. bill: i have a bunch of very simple questions because, as you know, i'm a very simple man. you know, miller, i hate to say. this i don't think barney frank likes me. i don't think so. bill: oh, yes, oh, yes. >> i said it wasn't a good investment. bill: barney, started off truculent. >> truculent is a adjective which means fierce, brutal,

belligerent. bill: i love that but, in the end, you know, it was almost like he was, you know, we were not pals but there was some civility to it, right? >> you know, billy, if i'm going to row the boat across the river to weehawken and watch hamilton and birch shooting at each other i don't want to see them start cream pie. >> i know i got a big bang out of this one. >> got lovie dovey. did i hear you two say you might go camping together? if you do, i want you to invite cheney and i because i'm going to be laughing so hard cheney is going to have to shoot me in the head to put me down. bill: that was a little scasm sarcasm there as the salt tan sarcasm i gave the jab. >> bill: to pay for the enormity of the health care plan one of the things that was floated, miller, is a so-called botox tax where people getting unnecessary

plastic surgery would have to pay a surcharge to fund necessary medical things. frown for me. and you say, what? >> listen, i don't want biden and pelosi making calls on plastic surgery because you look at her. if she was pulled any tighter she would be an unopen brunch. >> you want some coffee? >> that's a good idea. >> he looks like his head was attacked by a quid in the jones nofl. i have 2500 hair plugs here. you look at them. these were private industry. these are state of the art plugs. you couldn't tell if i didn't tell you. then you look at biden's plugs. who do you want making the call on your plugs? huh? biden would pass for a ken doll. >> hey, joe, what are you doing? bill: you are intimating that both mrs. pelosi and the vice president have had cosmetic surgery. >> no, no. she is just in a perpetual 24-7 whipped tunnel test.

bill: all right. let's talk about panetta and cheney. i think dick cheney smells some blood in the water on the national security issue. it's almost as if he is wishing that his country would be attacked again. >> i quote the great philosopher david lee roth the bridge on the song panama. >> run a little bit hot tonight. >> i think we are all running a little hot right now. i think we should all kind of maybe take a week off and ignore each other. let's face facts. in a 24-7 news cycle, all of us who are in that cycle are going to -- we are going to say something. i don't think that panetta thinks cheney wants this country blown up. but if you analyze these things, everybody is going to look like they are inferring something. bill: today for lunch i had two hue brew national hot dogs. ok? >> nice. >> and they were delicious. they were the best. but, i go home, and then the cancer project is telling me they are going to file a lawsuit

on behalf of some jersey people saying that hot dogs cause cancer and they have to be labeled like cigarettes. hot dogs. so, if the ballgame it's get your frank here, could cause cancer here. >> hot dogs. bill: the guys that sell -- i don't know if the hand sanitizer is enough do you know what i'm saying? >> you need more that purl purell. i know they are crap. that's what i dig about them. >> hoft dogs! >> i don't need a warning label on it people smoke cigarettes no warning label. if you didn't know smoking was bad for you, you are lying through the hole in your trach i can't. i dig the fact that hot dogs are crap. maybe i don't want to stay alive forever to be with these nin rods who want to tell me what to eat sleep and drink every day of my life.

who is the wiener here? ♪ i would love to be an oscar meyer wiener. >> i'm going to start eating hot dogs with cigarettes in them. bill: in a moment did bill maher put conan o'brien in an awkward position last night on the tonight show? and why is miley cyrus squirming on introducing a breakthrough from tums that can control your heartburn for hours all day or all night. it's called tums dual action, and it's the longest lasting tums ever. tums dual action works two ways to relieve heartburn: like all tums, it goes to work in seconds. plus, tums dual action has an effective acid reducer that works for hours, all day or all night, to keep heartburn from coming back.

bill: body language three hot topics with you beginning with bill march on the conan o'brien program last night. >> we have a two party system. he needs those votes. >> he doesn't need those votes. that's the point. he does not need those votes. they have 60 votes. they only need 51. >> but there is something to be said probably for making in a two party system -- >> -- he has tried. we do not have a two party system. we have two parties but we don't have the two -- the right two parties. what we need is a progressive party in this country. we don't have it. [ applause ] >> did i hurt you? >> you didn't hurt me. i have my own views. bill: all right. here now the queen of body language tanya reiman. conan o'brien smart guy. harvard guy. but he doesn't want to lose any more audience than he has already lost in the past two months because he look leno's

place and that show is not doing well. is he down like this. what does that tell you? >> that's the worst possible place to be. when you are like this. severing looking down. his hands are up. it's look like what happened to my power? where did it go? what does bill maher do ultimate and pacifying he leans over and touches him. this was a really. bill -- bill maher was very dominant in this situation. he even says it at the end he goes -- he leans over and says i do hurt you? you look crest fallen. o'brien tries to recover by lifting up and doing all these big exaggerated movements. you can't recover from that. bill: what in your opinion listening to what mar was saying isn't that rereridiculous. is he a left leaning guy. is he pushes this agenda. but o'brien should know that it wasn't -- bill maher was much more offensive later we will show that clip in pinheads and patriots. why was he bothered with this. >> you know what it came down? i saw a joust here.

o'brien doesn't seem as angry as bill maher. that happens. one point a gesture go for go gesture who is going to win with the gestures because i think bill maher wins because he is is angrier here. bill: o'brien doesn't know how to handle this guy. >> right. he doesn't know what to do. bill: michael vick, nfl quarterback spent a couple years in jail for dogfighting. did one interview and one interview only with 60 minutes. >> the first day i walked into prison, and they slammed that door, i knew, you know, the magnitude of the decisions that i make. and the poor judgment. and what i, you know, allowed to happen to the animals. and, you know, it's no way of, you know, explaining, you know, the hurt and the guilt that i felt. and that was the reason i cried so many nights. that put it all into

perspective. bill: tight shot on him, which makes it harder to read body language but what did you read in his face? >> i think that he did two things. first thing he did was he stuck his tongue out three times. i watched him when he did the first interview i know he does that he has issues. he sticks his tongue out a lot. bill: what does it mean? >> it can mean a bunch of different things. when you see someone do it often it could be a cue for deception it might be that he has a dry mouth because he is under pressure. you know, and i have seen him do it before. but, of course, in the last interview i saw i thought he was a little deceptive as well. this is what i think. he uses the phrase you know five times in this 25 second clip. when i hear that i see somebody who is feeling vulnerable. when you repeat the same phrase over and over again it's a sign of vulnerability. in addition to that i think that he tries to come across as if he feels bad about what he did. my impression is more that he is ashamed that others viewed him as being wrong. bill: how did you draw that conclusion? >> just not only based on the

words he used but also i saw looks of contempt when he talks about feeling bad about it i see his lip go up on one side, which is a sign of contempt. which tells me he is angry that other people thought what he did was wrong. bill: feeling scorn of society. not the pain of the dogs going down in your opinion. >> yes,yes, in my opinion. ill about bill all right. miley cyrus 16 years old shows up on "the view" daunting task for even a guy like me. roll the tape. >> in the book, you talk about the love of your life prince charming you call him. when you broke up, it was the worst day of your life. do you not mention his name. it doesn't happen to be nick joan -- jonas, does it? >> you are not implying anything but -- >> we talked to him this year and i have the quote. he says it comes down to a good friendship and then he said, and whatever that has in the future. so do you see a future? am i telling you something you don't know? >> maybe he does.

i am happy with my current relationship status. bill: ok. she is leaning away from barbara walters which means she doesn't want any part of. this look how small she got. she shrunk her whole body and got very small. interesting thing comes down to t. looks like it could be a good friendship. when you watch miley cyrus's mouth pucker up. she is going i don't want to hear that it's a sign you feel embarrassed then. bill: i don't think she wants the friendship. >> no. bill: she wasn't going yeah that would be fun. tonya reiman everybody. we appreciate it. on deck pinheads and patriots on deck pinheads and patriots nick jonas of thelth is importat to me. it's critical that i stick to my medication. i cannot be one of the 61 million americans who do not refill their prescriptions on time. readyfill at cvs pharmacy automatically refills my prescriptions and reminds me to pick them up. you mean, reminds me to pick them up.

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bill: time now for "pinheads and patriots." the jonas brothers are one of the hottest acts in the country. they're disney managed. nick has dibets and -- diabetes and yesterday became the second youngest person ever to address the national press club. >> just being there was cool to see the history, and to be in the white house is obviously such an honor. we were able to play an acoustic set for the obama daughters and some of their friends when they first went in, so it was cool.

bill: so nick and his brothers are patriots. and bill maher said this -- >> wolf blitzer asked me if i thought sarah palin could win an election in this country and i said yes, anything is possible in this stupid country. some people exploded. bill o'reilly calleds me a pinhead, which is tremendous -- not true and funny coming from a [beep] like him. brit: you make the call. finally, check out a bill o'reilly premium membership. think about it. you guys get the daily factor postgame show, special message comment on the factor and nice discounts and the benefits go on and on.

bill: the mahatma? i kind of like that, steve. how about the mahatma of insight? you you -- there you go. bill: well, let's not go crazy here. bill: mr. bush mostly vacationed at his primary residence in crawford, texas, and i don't know how much his mortgage payments are.

wise up. jill wolf, colorado. bill: well, the taxpayers only pick up security and travel costs, jill. mr. obama pays the leisure part. bill: the reason we go after people sometimes is because of at buvese power. if a media person is being dishonest in a presentation it's my job to point that out. our analysis is not about me. i'm simply a lightning rod and various media show that when they take us on. bill: well, today is your lucky day, amigo.

bill: well, that is very generous, flora, so i'm sending you an american patriot shirt for boeing so nice to our military guys. bill: well, it's a start, donna. how about our web site -- "talking points memo" each evening if you come up late. punch it up and there it is. and please email us with pithy comments from anywhere in the world. name and town, name and town, name and town if you wish to opine. and please when writing to the factor do not be tenuous. the word of the day. do not be tenuous when writing to the factor. no, i'm not going to give it away. look it up. my mother always said to me, look, if you look it up, you'll