8:00 in the evening just as ruth bader ginsburg has been taken to the hospital. precautionary measures. treated for anemia today. we will bring you more breaking news as it comes in. that is a fox report for thursday, september 24th. i'm trace gallagher. bill o'reilly is next. bill: "the o'reilly factor" is on. tonight. ♪ bill: a controversial new breast cancer prevention ad has critics say it is exploitative. is that true in the culture warriors have been investigating. i think john mccain would have been worse for the country than barack obama. bill: glenn beck igniting more controversy with that john mccain comment. beck will be here. >> the constitution is not legal in -- prostitution is not legal in this area. bill: acorn strikes back. filing suit against the two

private citizens whose undercover work exposed the organization and the internet guy to put the tapes out there. >> your business is a performing art. you're not lying. bill: 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: hi, i'm bill o'reilly. thanks for watching us tonight. president obama nukes and afghanistan. that's is the talking points memo. today the president led the u.n. security council to pass a resolution more nations to violate the nuclear ban. it doesn't mean much when iran and north korea doesn't care what the u.n. does. gets a boost the fundamental problem remains. iran may be months away from having nuclear weapon. israel is not going to let that having. the world is so impotent to allow iran to international law.

negotiation also begin but few begin they will lead anywhere. unless russia joins the action, iran will skate. right now president obama should be war gaming with the u.s. navy contemplating a blockade of iran. that, of course, would provoke hostilities but also send the mullahs a message they could not ignore. that's the only way iran is going to stop nuclear program. if president obama doesn't take the action, israel will bomb the iranians and that will lead to worldwide chaos. stock markets will drop. oil go go through the roof. attacks on american interest also increase. iraq will blow up. unintended consequences of israeli attack on iran. staggering. mullahs know they can cause enormous amount of damage all over the world. they may want to do that because if israel attacks iran iranians might stop protesting against their own government and unite against the attack. mullahs may want to provoke israel and the united states. we're living in a brutal world where there are no moral boundaries, terrorist also do anything. iran wants to kill as many jews

as it can kill. that's where president obama finds himself in a world of hatred or violence. afghanistan right next to iran, president must give the generals the troops they are asking for. can't say no to field commanders who are saying hey, we're going to lose the war unless more personnel are put into the theater. the president should stop delaying and put troops in there. if things don't improve by the end of the year then can i say backing away from the corrupt government. it's worth one more trial. president obama is a rookie on the world stage and looking at two unbelievably complex and difficult situations all americans should be praying for him. that's the memo. two military efforts to comment on iran and afghanistan. joining us from boston. fox news analyst colonel david hunt from washington fox news strategic analyst lieutenant colonel ralph peters author of the brand new best selling book the war after armageddon. you hit the typing of this colonel is perfect for you. do you have any confidence with the missile shield now being

taken out of poland and czech republic that russia will finally join the world, will join the united states in putting tough gasoline sanctions against iran? which is the only thing that's going to hurt him. >> no. no, no. and no. russia may agree on paper but russia is the number one supplier of arms, big trade partner with iran. and they don't have to send things overseas. they can send it across the land lock caspian, -- also the chinese are not going to honor any sanctions. hugo chavez will send-gas. are we going to fire on chinese flag ship. iranian also keep on talking. bill: you say no sanctions no matter what obama does, it's not going to work. do you feel the same way colonel hunt. >> die not agree with the military blockade for the very

reasons ralph mentioned. i think we have serious economic point pressure we can put on iran. i also believe we better pay attention to netanyahu who gave a speech today which was a moral underpinnings of the jews bombing iran. we have got to be very careful. bill: message all week here in new york. netanyahu has not been shy about sending that message. if you don't believe, colonel hunt and you don't believe, colonel peters, that these sanctions can work, and you don't want to blockade, which is absolutely shut down any gasoline going in by sea and a lot of other things going into iran, then it's hopeless. gentlemen. the mullahs aren't going to stop so it's hopeless colonel peters and you are looking at the israelis sending jets over there and doing destruction, are you not? >> unfortunately, if the israelis are pressed to do this, they don't have what it really takes to do it right. doing it half-baked, bill, would be a real disaster. bill: netanyahu is going to do it. he may do it half-baked,

third-baked, he would boil it, but they will send jets over. >> bill, and there is no good answer here. the best of all, the terrible answers would be for us to do it because we have the capabilities to do it right. bill: obama will never do that. >> i agree. bill: so you both agree with me that it's likely in the next few months, colonel hunt, that israel will bomb iran. >> no. i absolutely do not believe that i any netanyahu wants something. for example, he wants to build something in gaza. i think he is negotiating publicly. he knows, his military knows as ralph just said every plan israel launches they won't effect at all, at all what iran is building. it's too deep on the ground. we couldn't touch it -- bill: do you believe he will do it, colonel peters? >> no he is not going to do it, he knows better. >> i believe if the israelis truly believe iran is on the verge of having nuclear weapons, the israelis will strike and hope for the best. bill: you are split on that.

you guys are split on that. let's go to afghanistan, considerable hunt. you and i were over there a couple years ago and we got a good report from the nato commander saying things are ok. now they are not ok. what happened in the years that we were there? what happened? why are things not ok now? >> yawn, first -- juan, not give us the straight story as you remember. bill: mcneil, the nato commander lied to us. >> i know dan personally he is not a liar. i don't think is he competent and didn't think so at the time. i commanded with the guy. all we have done for seven years is throw military at this. as ralph knows and counter insurgency there has got to be so many other things, teachers building some kind of -- build something as modern as marines and army guys. we have not been willing to do that we are still not. if we are not going to be willing to do the nation building counter insurgency stuff, stop what we are doing, leaving an army division there, special ops guys and chase bad guys where they are in pakistan

and afghanistan. bill: do you see more troops going in there colonel peters? number one, i think obama is going to send those troops. is he pretty much in a box. he almost has to. if he sends them, is it going to make any difference? >> if he sends them, it will not make a difference, we cannot turn afghanistan into disney world. and this is killing american troops for nothing. we need to get back to the basic reason we went to afghanistan in 2001. to kill our enemies and kill those who support our enemies. i absolutely agree with colonel hunt, who is a great experienced soldier, that a smaller, compact lethal force is the way to go. kill the bad guys. bill: you hire afghan ruffians, you hire them to do the dirty work. it's a murk war afghanistan against afghanistan. you leave american special forces there to make sure things don't get out of control. you both concur with that? >> yeah. >> more than just special forces. >> an army and marine division to back them up and special

forces but you just don't stay go anywhere in pakistan. that's been the mistake unwillingness to do this. eight years we have done a great job. bill: we appreciate it thank you very much. next on the rundown, a muslim wants to work at abercrombie and fitch, the store. they won't let her wear her headscarf. she is suing. glenn beck says john mccain would be worse than barack obama in the white house. why is beck saying that? he will tell us ahead. gecko vo: you see, it's not just telling people geico

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bill: kelly file segment tonight. a muslim controversy in the u.s.a. many muslim women wear head scarves as part of their religious believes. one of them 17-year-old samantha wanted to work at abercrombie and fitch the clothing store. the store in oklahoma said headscarves violate their look policy. so she is suing. with us now and attorney fox news anchor megyn kelly. going to win this. >> yeah it looks good for her.

the eoc has filed a complaint on her behalf. that doesn't normally happen. you first have to go to the eoc and say would you sue on my behalf? usually they say no and they give your complaint a rubber stamp and you can go sue. for them to take it and say actually yes, we will sue on your behalf, this is outrageous. bill: what does it stand for. >> equal opportunity employment commission. they keep employers in line. bill: they have an image they want to project. that's what this look policy is all about. so, you are in there and then you are wearing headscarf or vale or whatever you are wearing and it doesn't jive in with the hip, young look that abercrombie and fitch wants. >> one thing if you would wear headscarf just for fun. had you an bandanna. >> they could shut down sort of the du rag banana whatever you call it when it is tied behind your back. bill: what if you have dread locks down your waist and you go

into abercrombie and fitch i want a job here and the guy says you know, it's not going to be conducive to what we want to do. >> if the reason you look the way you look because of your religion or because you are in a protected class, you are disabled, what have you, then the law says they have to offer you a reasonable accommodation, unless it would be an undue hardship on them. bill: could they make this girl maybe an accountant in the back or something like that? >> no. because what is so important about walking around the store and not having a headscarf. she was willing to wear the normal abercrombie clothes. bill: abercrombie make the headscarf? do they have an a and c headscarf. >> you should know about this policy. we have done this oon kelly's court. this thing is over the top. abercrombie is very rigid about the looks of the people. it's to a fault. they just got slapped with a judgment over in the u.k. because some girl who was disabled who was missing the lower part of her arm. she had prosthetic. bill: they didn't want it.

>> they tried to stuff her in the back and make her wear a sweater. very questionable. a christian who wanted to wear a longer skirt one that went below her knees they supposedly stopped that and they're getting sued for that. bill: john travolta testifies in the bahamas, these two people tried to extort money from him allegedly, and his testimony was effective, i understand, right? >> it was just -- so sad. two main things came out on his testimony number one the fact that he tried to resuscitate his observe son so when jet had that seizure back in january and essentially dead on the floor of the condo they were, in john travolta ran down the stairs and started performing cpr on his own son. he knew he had a seizure disorder. the second thing is, he testified that he also knew his son had autism. and that was a big admission only because there had been speculation about whether he would admit that because scientology may or may not believe in that. bill: what about the extortion plan because he signed a waiver that said if you don't take it to the hospital the two emt's

don't worry about it, which would have looked countless in some eyes. did he speak to that? >> yes, he did. he never did sign that he testified actually did he sign that but the reason he signed it is because he wanted his son to go directly to the airport so he could get him back stateside. bill: looks like these two people are going to be convicted. >> doesn't look good for two low lives. bill: i have been to that prison. you don't want to be there. >> what were you doing in the nassau prison? bill: i cannot tell you. i was on a bigger mission. i have been to round hill prison and it's not nice. we have rebecca gain. tape romping around with no clothes on. they are suing gawker, which is an internet site for putting the tape up. got a chance? >> first of all, talking about hitting the genetic lottery they are very attractive people. don't just mean him she is lovely, too. having said all of that probably not a good idea no matter how

attractive you are take off all your clothes and invite a third person into your apartment and put it all on videotape. it's not a sex tape. it's a nude tape. this is pretty much what you see the entire time. and these bozos are high on something apparently. in any event, they say the reason it got leaked is because the third party was crossed by some friend of hers who got access to her hard drive. bill: it always happened. >> that person leaked it to gawker. i don't think they have a claim unless gawker was somehow in on the underlying theft of the video and i haven't seen any allegation of that. bill: they were in on stealing the tape, that would be the only claim they would have. >> yes. bill: megyn kelly, everybody. >> my pleasure. bill: controversial breast cancer ad that some say it exploits women. culture warriors investigating. later, acorn suing breitbart who put undercover tapes exposing that organization on his web site. he will be here upcoming.

bill: culture warrior segment tonight, two controversies in a viewer warning. one of them contain as fairly explicit advertisement for breast cancer awareness. but, first, in new jersey, a bunch of school kids were assigned to do this. >> everybody let's sick it together on the count of three. all right. i like that. 1, 2, 3. bill: here now the culture warriors "fox & friends" co-anchor gretchen carlson and fox news analyst margaret hoover hoover. cute little kids singinga cute

little song, ok? >> who doesn't want equal work for equal pay. all of us would feel more comfortable we also knew every time a new president was elected george bush, jimmy carter, bill clinton they sing a song. as long as we sing a new song barack hussein obama. let's face this fact. >> they have very good rhythm. however, you can imagine during patriotic week that they actually would have made up a song for george w. bush, no way. here is what really gets me about this whole thing. apparently this was during black america week. but the point of the matter is, this is exactly what some people were concerned about. bill: indoctrination. >> when the president was going to speak to all of our school children. bill: is it indoctrination or enthusiasm for the sitting president. >> i don't know but you could argue it both ways. here is the other thing. we go all the way into the supreme court to make sure we can't say word god at school and nobody has a problem with this? bill: what do you say indoctrination or just honoring a sitting president?

>> i think the intent is honoring a sitting president. i think if you see this in a very widespread way if we were seeing this all across the country in every single schoolhouse then there is need to be concern. bill: i think that's indoctrination. it's absolutely indoctrination. i think the teachers wanted it to be indoctrination. the kids don't have any idea. that's what indoctrination is. >> the school says the video was taken unauthorized. bill: of course. they don't want it on the factor they would be going mmmm william james o'reilly. but they don't. >> barack obama when he was elected because he is the first african-american and the first of his generation to be the president, he represents a transformational change in this country which a lot of people are excited about regardless of his politics. bill: it is indoctrinational, ladies. breast cancer a big problem in

the united states. it's tragic, obviously and painful. and the more you get pro proactive about checking yourself out the better. here is the latest ad, roll the tape. ♪ ♪ bill: i don't know if they are talking about the guy in the pool or -- you say exploitive or worthy. >> we see tape every single night if this get's somebody attention including men. they are not going to think about cancer they are going to think about breast after seeing.

this here is the other thing i like about this ad. first of all she is not sick thin which i think is refreshing. they look lopsided to me. that's in real life. >> they are real. to me this is a real portrayal of a real woman. bill: you don't think exploitative. >> this is not exploitative. in fact, it's actually quite brilliant. i can't think of a better way to get a man's attention for a woman's if a seek. here we are fundraising for a cure for breast cancer. every guy in the world has given money to save the whales, wondering while weren't giving money to save the boobs. bill: a worthy cause. but i'm a little confused here. they are definitely using exploitative measures to make their point. there is no doubt they are. >> exploitative that hot blooded men look at boobs and then remember that there is a major. bill: if that didn't have a

worthy message behind it, breast cancer awareness, you would be going nuts. >> it would be exploitative if there wasn't a worthy message behind it but there is one. bill: that negates it you feel the same way. >> what matters to me get men to care about breast cancer. i don't think so. it's going to think -- get them to think about breast. bill: ask for donations? >> money. to raise money for breast cancer. bill: we give money to it. wear the little pink thing and we did a thing on it earlier this year. >> too bad you didn't go to the boob ball. you might have had more fun. bill: that's all i need. >> raise money for the boob ball. >> what? >> the internet ad. bill: hoover, we got the point. somebody hose her down. plenty more ahead as the factor moves along this evening. walter mondale latest guy against barack obama may be racial. glenn beck why he thinks john mccain would have been a

disaster as president. we hope you stay tuned to those reports. @@

bill: factor follow up segment tonight, former vice president walter mondale joins jimmy carter and bill cosby saying much of the criticism of barack obama is racism. bill: joining us now from orlando is the man who wrote that article dr. jeremy leavitt who teaches international law. you are basing your opinion on what series of facts? >> well, bill, i think that we have to put two things in context. one, i'm not a liberal, two, i'm not a democrat. buff, what's clear is that there has been a 400% increase in death threats against the united states president since he has taken office. white supremist groups have increased 4%. they identify with the right

wing. what we go to the 9/12 demonstration that you covered so well on fox, we had signs of barack obama being labeled as a africa witch doctor, a monkey, the primate in chief, akenya, kenyon trying to destroy america. obama's plan is white slavery. scientists said we came here from montana and utah this time with exclamation points. the american taxpayers are the jews for obama's oven. chairman mau obama. bill: i can make the same argument unfair as yours if i were to take the new black panther party and say look at these guys, look at their signs, their activities their rhetoric. look at louis farrakhan and then apply that to the whole african-american community. that would be wrong and it would be -- look, you are a law professor. >> bill, that's outrageous. bill: you could make the point.

>> you have american senators that are members on the council for conservative citizens, former citizens that were members of the ku klux klan. we have a whole right wing media base starting with -- bill: you teach law. the law is based on logic. i don't see the logic in saying that attacks on barack obama, ok, all of them, i think the kook minority, you know, 10%, of the kooks, you know, do give the impression of racism. they probably are racist. that's not the bulk of what is going on. it's not the bulk of what's going on. >> bill, listen, i can't believe that you admitted that 10% of the right wing base are racist. bill: 10% of the country is racist. not right wing base. bill: racism cuts black and white. 10% of the country is racist, go. >> bill, i don't know what gallup poll gave you that statistic. let me just tell you this one thing. my article is not about the right. i believe in conservative principles.

what i don't believe in is the voice voice ril disbane that the far right hats targeted against this president. bill: i don't think it's fair. i know a will the of conservative people. they are not anti-black. the country voted for barack obama. >> let me ask you this, bill. is rush limbaugh a socialist? bill: i didn't say he was. that's their opinion, doctor. i'm not saying is he a socialist socialist. opinion based on politics. the people who don't like barack obama viscerally who really dislike him. >> like glenn beck. bill: most of that opinion is political. >> like glenn beck? like rush limbaugh? bill: he doesn't dislike obama. he doesn't like the big government apparatus. they don't care about obama. they don't like the apparatus. >> bill, can you talk over me all you want. was rush limbaugh saying the only way to get a job in the obama administration is to hate white people. do you agree with that statement? bill: i don't speak for anyone.

i don't know what he said. >> the question my article take on the far right. bill: ok. >> you got to take on the far right, bill. bill: the far right is the far right. the far left is the far left. they use methods we don't use. but you broad brushed almost everybody who objects to his policy. and that's -- that's not fair. i'm going to give you the last word. >> give meet last word. the last word is this. fox news on far right has a race death. they play the race of spades every day. don't complain when other people. bill: nobody i know in this organization racist. >> i thought i had the last word. bill: i can't let you say something irresponsible. >> you are not being fair but i like your show. keep it up but keep it honest, bill. bill: give you the last word if you say fox news is racist i have to jump in and say that's ridiculous. >> i didn't say it's racist. i say that you and your colleagues have a race deck you play the ace of spades every night. we have got to do better in this country. help us profess our union, bill. bill: when we come right back

the aforementioned glenn beck causing more controversy. how does he sleep at night. enough to he is saying john mccain would have been a disaster as president. i guess glenn beck is anti-white, is he not? beck is next. taking its rightful place

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we sure did. ask your doctor how advair helps improve lung function for better breathing. (announcer) find out how to get your first full prescription free at advaircopd.com. bill: thanks for staying with us i'm bill o'reilly in your beck and call segment. our pal glenn beck causing trouble this time when asked about hillary clinton by cbs anchor katie couric. >> i can't believe i'm saying this, i think i would have much preferred her as president and may have voted for her against john mccain. >> why? >> because i think john mccain is weird progressive like theodore roosevelt was. i think john mccain would have been worst -- how about, this i think john mccain would have been worse for the country than barack obama. how is that? bill: i think you frightened katie couric.

incredibly famous glenn beck. brand new book "arguing with idiots" it looks like billy joel on the cover. common sense remains number one. >> i hate that book because it's bumping the other book off. bill: couric liked you. >> she was delightful. bill: mccain, i don't -- i have issues with him. >> mccain i, i, i. bill: rain a terrible campaign. >> awful. bill: border stuff he was awful on. >> awful. health care awful, cap and trade awful. john mccain, look, i think john mccain is a hero. i think john mccain, the one thing john mccain would be doing right now is kicking their butt in afghanistan. and i have tremendous amount of respect for him on. bill: but you don't like anything obama does so if mccain

would kick their butt, he is ahead. >> may i just make this analogy here. he is the frog in the cold water. bill: who is the frog? >> john mccain. barack obama is boiling water when you throw the frog in. bill: you kill the frog on your show, didn't you? >> i did not kill the frog. see, he always tries to get me in trouble. i'm a good guy. he is trying to take the heat off him. bill: you threw the frog in a pot of boiling water but it was a plastic frog. a lot of people thought it was real. >> peta wrote a letter and said. bill: you made children cry who thought it was a real frog. >> i make children cry every day. if you have your children watching my show they cry every night. bill: john mccain would have been a worse president than barack obama? >> if i'm wrong with barack obama and we are not headed towards some sort of weird, scary venezuela, if we get to

2012 and what i have said about barack obama is not true, if we're just headed down towards this really bad progressive nightmare because if it's just a really bad progressive nightmare with barack obama and not the destruction of our country, well then john mccain wouldn't have galvanized us against these things. health care, cap and trade, they are going to destroy us at some point. we can't afford it, people know that. but john mccain, it would have just been about right and left, republicans and democrats. barack obama is doing this fundamental transformation where people are now looking back and saying wait, i may or may not like health care but what's this fundamental transformation thing are you doing? what exactly is this? bill: one thing barack obama is is rolling the dice. if it works he will be line noised as a great president. if it doesn't great disaster one termer. >> out in the parking lot kicking rocks looking at the

house saying remember when i used to own that? now china does. bill: series of bunkers that will keep you in comfort the rest of your life. underground facilities i have seen them. >> now you have revealed that you have seen them, i have to destroy you. bill: at the touch the program we talked to colonel hunt and colonel peters about iran. >> yeah. bill: peters thinks the israelis may go and attack. hunt says no. do you believe that the israelis will -- >> absolutely. talked to netanyahu two years ago. sat in my studio with him. had an hour long conversation with him. he said the most important thing that i think you can say. and he said this. we have a right to survive. let me ask you this. if canada was saying, you know what? we are going to wipe america off the face of the earth, near their end and they were getting ready to make nukes, you think we would strike canada? you bet. bill: i don't know if you would do it on -- i don't know. >> wait, you don't know what?

bill: wait, because there are words, there are provocative words and then there are actions. the intelligence agencies are their masad, the cia to basically separate the hyperbole of ahmadinejad setterrable loon from what could happen. >> absolutely. but, let's say iran gets the nukes, ok? what do you think is going to happen? do you think saudi arabia wants those? bill: no. >> everybody will have nukes. now it's a matter of time before some crazy -- bill: the most dangerous thing in the world today. you are convinced that israel. >> will strike. bill: will strike. interesting. now, you are hammering this guy mark lloyd, another obama appointee. is he a czar guy too? >> he is the diversity czar. bill: diversity officer at the

fcc. bill: white guys you don't want all black. the black -- we had a black professor on just before you thinks you don't like the blacks and all of that. but he is a harvard guy. >> i missed that one, what? bill: we had a harvard professor on before you. >> um-huh. bill: he says you, me, fox, everybody, we are racist. we don't like obama to be black. >> some of us actually took martin luther king at his word. we judge people by the content of the character not the color of their skin. bill: i believe that's what you do. a harvard guy, a white guy, get his picture up there. >> i can't believe that we actually have to have that conversation here in america. bill: cosby, carter, mondale. >> cosby is the only one. cosby is the only one that i would actually sit down at a table and listen to. because i think cosby plays his cards face up and he doesn't say -- he has said, to you know, his own community, you know what? look, here is the thing, our own community is african-american is in shambles. bill: i think he would love to talk to you like katie couric

did. we will try to get cosby on with beck. he never comes on fox. there he is, everybody, the biggest troublemaker in the world. we have a brand new bill o'reilly.com poll. do you agree with glenn beck that john mccain would be worse than barack obama? andrew breitbart.

bill biffle effective national organization hanna giles and -- aiding and abetting -- defunding the organization major embarrassment for acorn. now acorn is suing ms. giles and mr. o'keefe. also andrew breitbart who posted the undercover tapes.

mr. breitbart joins us from los angeles. sorry you have to go through this andrew. you know, it's unpleasant. tell us your strategy. you got your attorneys lined up and what do you think is going to happen? >> well, i can't speak to the lawsuit filed because i haven't been served yet. i can speak to the issue of the expose that james and hanna have done in film work. i can speak to the fact that this is a textbook case of journalism exposing how taxpayer funds are being misused. this is pure corruption found on these acorn tapes. i see this lawsuit as an attempt to stifle what is an obvious expose and its taxpayers money that is being used to fund this. acorn is still a taxpayer funded organization, and the two people that they brought in, acorn brought in on this are actually people who were fired because of the expose and bertha lewis

actually thanked hanna and james for helping them. all i can see is this lawsuit is an attempt to stifle free speech and the first amendment and an attempt to make sure that the american people don't see the rest of the tapes and there are more tapes. bill: ok, now, do you have lawyers helping you with it because, you know, this is expensive. and that's what lawsuits are. they try to break you financial financially. they try to get discovery and all of that but the opposite is true and acorn is going to have to go through discovery as well which will be pretty interesting. do you have your law team set up? >> we're working on that right now. and i want everybody to know that we will be advertising anna and james' legal defense fund at big government doft come. the amount of the -- big government.com. the response is overwhelming. the lawsuit apparently was filed yesterday and hanna and james have to lawyer up. i have to lawyer up. it's happened very quickly. we still have a report to issue

to the world. because what is found on these tapes is the story, not what the media is trying -- the mainstream media is trying to do and trying to make it about hanna, james, and me. bill: ok. but they are north being successful. you guys one as far as the public is concerned. acorn is through as a major activist organization. here is what they are going to try to do. i'm just giving you this from judge andrew napolitano, our chief legal expert here. what acorn and the far left, which is behind acorn on, this what they are going to try to do is try to prove that you colluded, you and the two undercover people to violate acorn's privacy. the privacy of the people that you have on the tape. and that you cherry picked it, that other people of acorn said, no, no, no, we are north going to help you out. you know, get out of here. but you kept doing it so that you would violate their privacy. you set them up. and that's where they are going with it, just so you know. you want to have the last word on it?

>> absolutely. good luck on that one. >> i want to talk about the fact that john podesta internal investigation of acorn, his site site, america for progress is out there attacking hanna and james. they are making it about us. this guy who is supposed to be looking into acorn is looking into us, the american people should be outraged by that. bill: all right, andrew. we will follow the story. we appreciate you taking the time. pinheads and patriots on deck. tonight, starring tina fey. which is she? p and p coming next as the factor continues all across the u.s.a. and all around the world. . . sfx:racking of a taillight.

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o'reilly.com, including my book. now 46 weeks on "the times" bestseller list. dorchester, england, i like the politics better than yours, but the end justifies the means. those two undercover people should not be investigated. marvin lester. bill, i was disappointed to see barney frank get the better of you. when did that happen? daniel, plantation, florida. o'reilly, thanks for the frank interview. watching barney squirm made my day. frank, from florida, it's because the filibuster, exactly. he didn't let him finish his comments. don't be so rude. this isn't the jerry lewis telethon. i'd still be interviewing the man if i didn't rope him in. at least barney isn't scared to appear on fox. victor from san diego. "i thought barney was going to

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mr. o'reilly, i've come to the conclusion that you really don't mean much of what you say. you know, jay, we've been number one going on nine years now. you can't be a phony and do that, so wise up. julia from 10 years old, from calgary, has a verse. there once was a man named bill whose factor was always a thrill, he wrote a big book, i took a long look, "bold fresh" is great. a tote bag and a signed book on the way to you. way to go. how about the website, www.fox news/o'reilly. please email us with pithy comments from anywhere in the world. name and town, name and town, name and town. running out of gas here at the end, noticing that? running out of gas. if you wish to opine. here's the word for today. here's the word for today. please do not be a bumpkin.