the lights on here. 13 years ago. they used to call it the flaj flailingly cnn used to say top ten things fox said today. that was a long time ago. bill: we have technical problems tonight so we can't show you our usual open but we have an excellent program. new stuff on acorn. neil cavuto on the health care chaos and mel gibson gets a break. 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. more bad news for acorn. that is the subject of this evening's talking points memo. at the risk of overdoing this acorn story, we can now tell you that the louisiana attorney general is reporting $5 million

may have been embezzled from the organization. previously we knew 5 million may have been stolen and now we know $5 million was discussed at a 2008 acorn board meeting. today acorn ceo bertha lewis discussed charge. >> this a spekdz completely false and not based on any documentation or any audit or anything other than two disgruntled former board members. and this form -- forum of modern day acorn mccarthyism has got to stop. bill: mccarthyism? acorn has problems all over the place. the fbi should open a field office in its national headquarters and miss lewis should wise up. as you may know most of the press isn't covering this story because it is an activist group with heavy ties to the democratic party there is a legitimate question of overkill here. let's face it acorn is finished

in the public arena the group will not recover from the public scandals. millions of dollars are not accounted for. investigation should take place. attorney general holder is all over the cia. may he should be over a corrupt political group who influences elections instead. what say you, mr. holder? when cynicism running deep when it comes to our political system we need to know how much money flowed into acorn and where all the money went. louisiana authorities are do some good work a subpoena issued yesterday demands information about the alleged embezzlement. and we believe there is more to come on this front. here at the factor, we didn't think the feds would get involved until critical mass had been reached and now it has. that's it for the top story. are we overdoing the deal. tammy bruce and radio talk show host leslie marshal. all right, leslie, am i overdoing it here? >> just a bit. i wouldn't say you are overdoing it when it comes to digging out

and weed out corruption with any kind of organization like acorn. the overdoing it is that it is just acorn. we need to look at organizations that help people register to vote, et cetera, on the left, on the right, and in the center. technically, i mean, there should not be any kind of abuse or embezzlement of funds, especially when there is state and federal tax dollars are -- bill: beef with me and glenn beck and others exposing what we know about acorn. what we found out. but you would like to expand the investigation to include some other groups but i -- you know, that's not my job. i don't have the ability to do that we have -- we rely on information that flows in here. we rely on people giving us tips. i don't have 30,000 employees like the fbi to go out and do that now, the other thing is, tammy, there doesn't seem to be any evidence that any other organizations are cheating. so, why go on a fishing expedition. but, again, i'm going to bring it back to my original question,

tammy, am i overdoing the acorn story. >> no. well any more than we continue to overdo watergate there are issues that occur, coverups that occur. we're interested in what government is doing. as we know, government does not act unless the lights are turned on. the moment you turn out the lights or dim then, then they start running out from under the refrigerator again. the truth is justice only occurs when people are looking. you are right about acorn. now the question is what did the democrats know and when did they know it? the same question nixon had to deal with. and these are fair questions. you are looking at millions of dollars of taxpayer dollars. you are looking at an impact within our entire election system. this only occurred when we realized that mary poppins and mickey mouse were being registered to vote a couple cycles to go in ohio. i would take leslie to task here. really, if we are going to investigate everyone, acorn brought this on themselves. i suppose we should investigate

every member of congress because larry craig had a bathroom issue. maybe we should follow every person to the bathroom or charlie rangel's issues when it comes to taxes, maybe we should investigate everyone who doesn't have a tax issue. you know, evidence and corruption becomes apparent and acorn has got a lot of work to do. the fact of the matter is, vigilance, when it comes to media is key. government has always been responsible only when the media is looking. bill: that was good, tammy. look, leslie, rangel has tax issues, what do you do audit all the house of representatives? tammy made some good points. what do you say to them? >> well, i don't think we can compare watergate to this. certainly one involves the president and i haven't seen any involvement by president barack obama when it comes to acorn. let's be honest, before president barack obama the first african-american president was elected by an overwhelming majority of white people although more african-americans, more minorities came out to vote for him than ever before. we didn't know acorn anything

other than little nuts that fell off the trees that squirrels ate. 10% of funding comes from tax dollars. 90% comes from the private sector. bill: some of that is block grants. private sector block grants. federal money goes to the state and the state says we will give it to -- your point is you believe this is racially motivated or politically motivated? >> i believe if it walks like a duck and quacks like a duck -- bill: what's walking like a duck? >> why didn't anyone care about acorn or look into acorn or any other left, you know, community organization. bill: the evidence last hasn't surfaced. >> electing president? bill: the evidence wasn't there until the last couple of years? >> let me just say, leslie, miss lewis has said demonnization without due process here. bill: go ahead, tammy. >> i agree with that. >> there is going to be due process. they are being investigated in

the 15 states. now the louisiana attorney general is looking into it there is going to be a lot of due process. it's george w. bush's issue. it wasn't just 2008, alsoly. it was 2004. i wish george w. bush had been more aggressive on this point and he wasn't and now we have this result. now the democrats, which they thought was going to be a boone for them which was acorn may in fact be their water gate. bill: do you know what i'm worried about here? i'm worrying that al franken got elected in minnesota because of acorn. i have to tell the audience that i don't have any evidence that that took place but a 312 vote margin for franken when you had thousands and thousands and thousands of questionable ballots by acorn in minnesota. we value report on this tomorrow. that, leslie, gets to be real serious. you know what i'm talking about? >> i do; bill. but i have to say i think everybody here is giving acorn more power than perhaps they even deserve. bill: tens of thousands of people to vote.

a guy wins by 312 and you know every voter that acorn registers votes democrat. every one. i think you have got to look at that. >> i agree. but i'm a liberal democrat and i certainly want him there but i only want him there if he got there fair and square and it was lehman. bill: that's right. >> i don't think acorn is responsible. bill: that's ground zero minnesota for me. i will give you the last word, tammy. >> well, that's the entire point why fox can't stop and why media should be vigilant. because the only way we are going to learn, when we have seemingly some serious issues is if media forces the government to do the right thing. the fact is you noted that hole der is looking at the cia and not the situation is absurd. i think this is a new way of making the government face up to its responsibilities. and it's got to continue. bill: ladies, thanks very much for a good debate. next on the run down, president obama must be nervous because the congressional budget office is adding up the cost of obama

care. neil cavuto will weigh. in later, this missouri judge, there he is. let a vicious child molester go freevment -- free. jesse waters held him to account. can we get him off the bench? oonc. wll tblarnc. orvefse em ds tigin

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bitnlriim t. ece fostvele bill: congressional budget care is doing the math it should be announced later this week it will have a huge impact whether obama care passes and in what form. the white house is pulling out all the stops because this is one, very close deal. >> our patients need real reform. >> we need to provide stability and security to those who have insurance and cover those that don't. >> we need to reign in cost and provide affordable care to every american. >> tell congress to pass health insurance reform now. >> we simply can't afford to

wait. bill: with us fox news business czar neil cavuto you can see him on fnc at 4:00 and fox business network at 6:00. ok. the congressional budget office numbers are going to come in much higher than president obama's numbers because they always do, correct? >> correct. bill: the government is going to see a massive expenditure on health care. most polls show most americans have turned against obama care is this going to make it impossible for the president to pass it? >> he might pass something but it won't be anything close to this, bill. the costs of this is getting off the charts, out of this world. and the more this looks unwieldy, i find it interesting the more the dollar tumbles. the more the confidence in this country seems to deteriorate. bill: i was in london over the weekend. >> i was in the poconos. bill: that's the difference between you and me.

but i love the poconos. i started my career there. >> i love london. bill: they won't let you in london. you can't get in. the passport. no the dollar is getting hammered. i mean, you know, a cup of coffee over there for americans is $4. >> and you are cheat. bill: i don't drink coffee. you say it's because the health care chaos is so pronounced that the rest of the world says america is in big trouble? >> not rest of the world is telling us we are a joke. they are hardly the ones to judge. but in a world where that increasingly looks to us to get our spending under control for many years and certainly the prior administration and hyper drive in this administration. piling up debt. health care looks like it's an open game how many zeros you wanted to put on the zek. do -- check. increasingly they are saying no, we don't. bill: the stock market goes up? >> the stock market goes up because obviously the weaker the dollar gets, our big companies

that do business abroad have a better shot and stuff that comes in here is expensive. i think it's a short-lived event. whatever tonic or nicotine fit you get from that is short-lived. it's a indictment when the world tells you we think it's stink and we are putting our money on it. bill: they are not telling us we stink. >> they most certainly are, bill. bill: we don't think this is going to work. >> no, no. this among other things isn't going to work. when you put your money where your mouth is, and you say all right, we have a choice to continue to hook our wagons to this puppy or find a new puppy. bill: which puppy are you talking about? >> the currency. this growing talk that they would like to see an alternative to the dollar, whether it's a basket of currencies or any other currency, there has been enough smoke to make you wonder whether there is a -- bill: you think foreign investors are now spooked. >> absolutely. bill: don't want to come to the united states because it's too chaotic. >> not that they don't want to come to united states. they don't want to make it

premier financial bets. they are seeking gold. it's human nature to be a little selfish and say i love the united states but if i had my druts, i would like to hedge a little bit. bill: 10% unemployment, does that impact at all on the obama care? the fact that we have so many people out of work in this country it, just makes it more difficult for those people to have health insurance. >> well, it does fire up the numbers of those who don't have insurance. but it is another piece of this puzzle that in the middle of an economic mess like, this and i was talking to leo henry, the big democratic money guy he says he sees it maybe going double that. bill: 18% unemployment? >> la teen knows and minority workers. be that as it may. i think what the markets are telling us, what the foreigners are doing to respond to us, they are just looking elsewhere. bill: let's cut through this because you are starting to give me a headache with all of this analysis. i'm not as smart as you are.

>> you are smart enough to go to london while i'm in the poconos. bill: i can't keep up with cavuto. do you think president obama is incompetent. >> no, i don't. bill: you don't think he is incompetent. do you think is he an income redistribution guy? >> most definitely. >> so you think this obama care isn't really about health care so much. it's about sharing the wealth as the hippies once said, sharing the land. >> well, i don't know, you know the woodstock moment here. but i do think he doesn't flip over rich people. i can't prove that the president might be listening and watching right now. i don't know where you come from from. it's part of a bigger picture, bill. i think they are looking at ways, the pay za is looking at ways to redo pay for bank executives. shut they earn a million dollars? bill: key question. >> they are going to try to limit pay for folks. try to limit health benefits for the rich. bill: they want to balance the playing field. >> you can't bring the poor up. you bring the rich down. bill: if i'm president obama, i bail on this obama care thing

right now. because it's not working. it's not working. the american people don't want it. it's too chaotic. maybe they will ram something through because they control the senate and the house. but it isn't working. >> you don't bail now. you retreat but you get, you know, the dribblings of something that you wanted. and the thing with government, bill, you are a great historian here but, you know, when we had medicare started, you know liberals were upset it wasn't generous enough 44 years ago. $65 million they thought it was a big mistake. now, 400 billion-dollar budget now, trillions in benefits later. i think they got their way. so once the camel's nose is under the tent. look inside the tent the camel is still there. bill: is there a tent outside fnc? >> there will be. bill: let's just sum up. you think the democrats are going to get something but not the public option and all this other business. >> right. bill: you think obama is an income redistribution guy. is that his primary motive or is

it humanitarian? >> i think it's both. i think he looks at it as part of the riches that were acquired on wall street were done with evil intentions. bill: all right. so he has got to spread it on out? >> by disincentivising people he wants them to be engineers and doctors. that's what he is aiming at. bill: the king of the poconos. directly ahead. stratfor said president obama may actually down size in afghanistan. that cause major controversy. mel gibson wants his record cleansed of the drunk driving conviction. is it legal? coming up. [ominous music] [screeching] [dejectedly] oh. [screeching] [barks]

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bill: unresolved problem segment tonight, stratfor.com is reporting that the obama

administration may reject general stanley mcchrystal's request to send 40,000 more troops to afghanistan. if that happens, the controversy is going to be huge also senator lindsey graham mentioned me your humble correspondent. he joins us from washington. first in afghanistan, make a prediction, senator, what's going to happen? >> i think the president will go with general mcchrystal's recommendation the low risk recommendation which would be 30 to 40,000 troops at the end of the day. bill: at the end of what day? it's been almost two months now. >> that's a good point. bill: at the end of what day is it going to happen? >> that's a good point. >> i think the president deserves a chance to deliberate. get private advice. confidential advice. hopefully soon. i hope in a matter of weeks. bill: does it make him look weak to our foreign adversaries taking this long? >> i don't think it makes him look weak. it depends on what he does. if he does a half measure, he will look weak.

if he withdraws troops, he will look weak because we will lose. if he will go with general mcchrystal after deliberating the consequences of going with general mcchrystal, i think he will look strong. bill: all right. i have got to read a quote here -- there is general mcchrystal. but i want to move on to this quote that senator graham gave -- let's see, who did you say this to? washington ideas forum. i don't know what that is. >> inconsistent, isn't it? oxymoron. bill: you saying that the talking heads like me are actually hurting you guys from doing the people's work.

no. what i was saying is you can imagine ben franklin being on bill o'reilly's program. bill: b. ben would have loved the intellectual. >> i think he would have loved his own. the point is that the 24-hour news cycle is what it is. the president is trying to deliberate quietly and you are leaking this report and leaking that report. it makes it hard. democracy can withstand all of this and we'll be just fine. i would love to see you interview ben franklin and john adams. bill: well, it would have been -- it would have been certainly my privilege to do so because the founding fathers i admire almost every one of them. >> absolutely. bill: here is what's happened and i think you raise a very interesting point in what you said. i'm glad you mentioned me because that got attention and people could think of this. we don't break stories that are going to interfere with president bush or whoever is in office if we feel the story is going to hurt anybody, our military, our policymakers. we will hold it back. ok?

we are not the "new york times." we are not trying to do that that's number one. number two, because you have the 24-hour news cycle on cable television now, you have watchdogs like me who don't allow the powerful to get away with anything. i will point to jessica's law and the judges who give child predators probation. we have one of those coming up later on in the program. they can't do that anymore, senator. so i think what the service that we deliver puts you on your toes, makings very hard for you guys to screw up or do anything untoward. the benefit outweighs the negative. >> i'm on this show for a reason because i want to be. i like your show. i think you do a good job explaining complicated issues. you don't knee jerk react. everything obama says is not automatically wrong. i appreciate that about you. bill: we are trying to be the watchdogs and watch out for the folks. we don't have ideological agenda here on the factor. i do understand that you guys now have to be hyperaware of everything that you say.

>>able absolutely. bill: what do you. you can't make any mistakes because as soon as you do -- >> -- you can't make a joke. bill: you can't make a joke because they will say it isn't a joke. you do have the move move ons -- you have hyperpartisan things looking to smear with whom they don't agreebill isn't that always the way it was. didn't even ben franklin and those guys, jefferson hated the press. they were always trying to smear him. >> i think to some extent. moveon.org took it to new level. they tried to make war policy for the democratic party and were successful. they ran joe lieberman out of the democratic party. my side highway or the highway. 200 plus years by compromising in a principled way. i'm in this business. nobody made me run for the senate. the real heroes are the one in afghanistan getting shot at. not lindsey graham being on tv.

>> plenty more ahead as the factor moves along this evening. president obama courting gay americans. maybe courting is not the right word. alan colmes has some opinions. mel gibson trying to get his drunk driving conviction cleansed. is that legal in the ladies will analyze and we hope you stay tuned to those reports. ♪ you @@

bill: in the barack and a hard place let's bring in obama

supporter alan colmes and monica crowley. what's your beef now with obama this week? >> my big beef this week is that he dissed the dalai lama. bill: no. no. >> yes. bill: really? >> i am stunned. i can't believe it. bill: the dalai lama. >> president obama who is a liberal and self-proclaimed advocate of human rights has thrown the dalai lama under the bus. bill: did he get hurt? >> he is not receiving the dalai lama at the white house this week. this is the first president since 1991 not to have a private meeting with the dalai lama. look. bill: wait, wait. maybe he was afraid he would get a fist bump that he didn't want. >> maybe he is trying to avoid that is he trying to avoid something else more importantly, o'reilly. which is he needs the chinese more importantly for two things. bill: he dots. invest in america. continue buying our debt to float the record deficit spending that obama is doing. bill: and to help us with iran.

>> help us with iran. bill: we dissed the daly. >> champion of human rights for his people who are suffering under the communist dictatorship. is he not receiving him. bill: did he meet with nancy pelosi who arguably is more important than obama. >> maybe in her own mind. bill: i'm shocked and appalled that obamas did respected the dalai lama and threw him under the bus. >> what do you say? >> i agree with dr. crowley that i would prefer he meet with the dalai lama and not disthe dolly lamb matchett dissing dolly. you understand and you made some plausible explanations. he needs china. bill: doesn't want to offend china. >> he needs china for our economic growth. bill: why would china be offended? he is going to meet with him. not like it's going to be any big deal. >> conflict between dalai lama and communist china. i would prefer to see him as humanitarian to meet with the dalai lama.

bill: on board with the dalai lama. don't want to get on to the big topic. but, see, i can't be mean to the dalai lama. >> why not? : it's aarma thing. you know, you i will be thrown under a real bus. >> when has that ever stopped you. bill: old guy and nice guy. we can't have him beating us up. i don't want him here all right. colmes, what did he do right this week. >> i like that he is meeting with the human rights campaign. it is the first -- only the second sitting president to meet with a gay rights organization. is he doing it in advance of gay rights demonstrations in d.c. over the weekend. they are expecting thousands. bill: are you going down? >> i'm not going. bill: rye? you should go to that. >> don't we have family plans this weekend? bill: wait, colmes. >> bill: you should be there. >> i am seeing my mother-in-law this weekend. bill: can you see her any time she doesn't like you. >> why aren't you going down

there? bill: colmes, if you think it's so important for president obama to meet with them, why is it important for alan colmes to meet with. >> they i'm not the leader of the free world. bill: it doesn't matter. they like you, some of them. >> i don't have the power. even o'reilly. bill: you are afraid to go down there. >> now you are challenging me. bill: i want you to go down. i will buy a metro line ticket to go down. >> can't even fly? no metro line ticket. >> big spender. bill: you are giving obama props and you won't go. >> because he is the president. about time he came around on the gay issue. i'm glad to see he is doing that. >> my mother will understand. all of a sudden now. >> we are celebrating your mother's birthday this weekend. >> all of a sudden obama is interested in human rights. >> i think he is late to the table on gay rights. >> the reason is he meeting with the gay community this week is because they are very upset on the defense of marriage act, on the no gays in the military

serving openly, don't ask, don't tell, and a whole array of other issues, including benefits, health benefits, pension benefits. obama on the campaign trail, candidate obama said he was going to do all of that soon. as soon as he got into office and he has done none of it so the gays are very skeptical. bill: he said i'm going to get around to helping you out. >> can he give a great speech. as all of these communities are finding out, a great speech doesn't translate into actual policy. bill: why do you think colmes won't go? >> i have got a family commitment. bill: that's bull. >> i just gave him a permission slip. bill: why won't he go? >> i think is he wimping out. >> can i get out of seeing my mother-in-law? >> i think he is wimping out. bill: if i get a pass from not seeing my mother-in-law, maybe i should go. bill: set colmes up with the metro line. only one way though. >> i will have it all to myself.

bill: is it legal will analyze mel gibson a very bad judge in missouri, and a street brawl in new york city. that actually happened. that's not a movie. legal moments away.

bill: thanks for staying with us. i'm bill o'reilly. in the is it legal segment tonight, you may remember the the actor mel gibson was convicted of drunk driving that's where he had the anti-semitic slur. he wants the conviction expunged from his record is it legal? here with us now is kimberly guilfoyle and lis wiehl the author of the best selling book "face of betrayal" she is also an attorney and fox news analyst. i didn't know you could do this. i knew if you got convicted of a crime which drunk driving is it's on your sheet and i live with it. >> first time offense and nonviolent offense, most states have this kind of program.

bill: not all. >> not all states. california is pretty lenient as far as looking at all the states. they have diversionary programs for example, for drugs. first time drug offender go through diversionary program and get that record expunged. it's a chance for first offenderment. bill: what it looks like to me, it's incentive for somebody who is drunk or drugging to get clean and then if you get clean, you don't have that on your sheet because if you have obviously a criminal conviction on your sheet, it's going to hurt new employment and a lot of other different ways. is that what that is about? >> if you look in that terms it's a good idea. encourages to you comply with the terms of probation, become a law-abiding citizen and you pay for your crimes. so at the end, the reward would be expungement which could be very important for people for employment purpose and otherwise. also, let's look at the facts here. it's sort of an example of celebrity justice. >> do you think he got preferential treatment? >> look, i think he got preferential treatment because he can afford to have the best

attorney. bill: this the is law though. anybody can get it. >> this there is statute 1203.4 in california which allows for expungement in exactly this type of situation. bill: for anybody. >> yes he had a good lawyer. bill: the advantage that he has is that he has a lot of money and can he go to a great rehab center. >> anybody can do this. bill: you can go to any rehab center. or the thing down in downtown l.a. where you go i don't know. >> don't forget, he was three years on probation. and by all accounts was a model probationer. gill -- bill: he made a mistake he acknowledged the mistake and i'm happy he got it expunged. let's go to missouri. this is appalling situation. a judge gives a vicious child molester. a guy molested a 6-year-old girl until she was 16 years old. no jail time. it's disgusting. we sent jesse waters out to confront the man. >> i just have a few cases for

for -- questions for you. >> i would be glad to talk to you if you would act like a professional and arrange to have an interview then do it in a professional manner. >> we called your office three times. let me get to the point. had you a case where a guy admitted to sexually abuse ago little girl for almost a decade and you gave him probation. how do you justify that. >> i'm not going to talk to you unless you act like a professional. i was out of town last week and haven't had a chance to return your call. i'm not talking to you. bill: here is what a phony this guy judge attorneys is. the kansas city star did a piece on this and they called him and he didn't return their calls. out of town again, judge? you little weasel. oh, all right, now, i want this guy impeached. i want him out of there. there is no way -- he did it before. this isn't the first time. >> right. bill: some guy beat up a homeless man and killed him and he gave that guy probation. what's this all about? >> this is sort of the pattern and practice for this judge. in doing the research and if you look back at his record, as a former prosecutor, this guy is a

former public defender. six years in that office no time working with victims in the prosecutor's office. i will tell you, having done many cases, you can see a difference in the people that are on the bench that don't have that experience working with the victims. seeing the impact of crime. bill: that's the problem we had in vermont. it's a mind set. he actually said this molester, well, he is not a danger to society. >> right. bill: how can we get him off the bench. >> good luck on impeachment. high crimes and misdemeanors obviously. competency is the only argument for causing competency. here is how i think he will get around it he actually did sentence the guy to 10 years, 4 years, and 7 years for the three different counts and suspended them. the guy actually did serve one year in jail because he was waiting for this trial to happen. so he did serve one year. so i think he will get around it because he will say, look. bill: that's ridiculous. he suspended it so the guy walks. >> if he screws up on probation, i'm just saying, i don't like the argument, but you are asking

impeached for incompetence? >> it's a problem because these people reoffend. anybody who commitments these kind of crimes against children is four times more likely than any other felon to -- bill: this judge was elected in 2008. he has got three more years to go. >> look what he has done in that short period of time. do you want him to do some more? no i want him out of there. wiehl is telling me there is no mechanism in missouri to get him out there. >> you can have removal of office. have to do it in front of the missouri house of representatives. somebody in the missouri house has got to sponsor a bill to get him out of there. we will get somebody to do that upstairs, upstairs meaning my producers. >> the guy is rated on a 5 point -- bill: i don't care what he is rated. we don't know who is doing the rating. my guys are going to find a missouri legislature to get it started. now we have to go to norges. now i have got to explain this. have you got cabs and petty cabs. which are little things where the guy pedals and go around.

>> do you that on your side job. bill: i do that after i got off the factor i pedi cab. they don't like each other because they are vying for the same buck and they're cutting each other off. the pedi cab is going slow and the guy is beeping the horn. two of these guys get into it roll the tape. we will show you what happens. there is the pedi cab guy. cursing at the cab guy, ok? there, nice. then he throws something at him. so the cab guy, throws it back. so it's building and, whoa, there it goes. now he cuts him off, there we go. here they go. ready to rumble. bill: this is in the middle of new york city in manhattan. look at these guys. >> break it up, break it up. bill: so then this is on broadway near broadway anyway. they break the fight up. here is my deal. in new york city, this is not

considered anything other than entertainment. the cops are going to go what are they doing over there? you can wail and fight and kick and bite, wiehl, and the police police -- >> now there is going to be pressure because it was caught by the fox five, the video that you saw. otherwise, that cab driver -- the pedi cab driver drove away. the cab driver is not going to turn this into the police. is he part of it. >> bill: could lose his medallion and get in trouble. what i'm saying is we have so much crime -- new york city is a relatively safe city. there is so much crime, the police have to deal with so much that this isn't even on the radar. >> was it last week in new york city where some student was walking home answered brushed into something else and caught by a german tourist and he was stabbed to death right there in the middle of the street. >> they are fighting terrorism and a lot of more serious crimes. bill: you were a prosecutor in san francisco, right? >> yeah.

bill: if this happened in san francisco, would they prosecute it? would the cops come in and would have been a beef and misdemeanor thing? >> i think they are going to let it go. to be honest let it go there. let it go here. these two guys called mutual combat they were both fighting. bill: mutual combat? >> it's like you punched me, i punched you. you had it coming. i had it coming. bill: they don't want to be bothered with this. >> this is a mess. get out of here. we have more things to deal with. there is such a thing as one free punch. >> i was a prosecutor in seattle i will say they will charge in seattle seattle. they charge for jaywalking in seattle. >> in starbucks. >> in front of starbucks they would. >> fighting over the coffee. absolutely. bill: it would have been a felony. >> blocked access to starbucks in seattle. >> >> you are in trouble. bill: get right in and get in fast. >> absolutely. bill: is it legal. great american news quiz. president making a pitch for the olympics.

we know how that went. nancy pelosi rocking out. which concert? how much do you know the great american news quiz as the factor continues all across the u.s.a. and all around the world. uuuuuuu

bill: back of the book segment tonight, the great american news quiz starring fox news anchor martha maccallum and "fox & friends" guy steve doocy. martha playing for cindy newman from butler pennsylvania. and steve playing for venus. if you want in on the action. michael venus as opposed to sammy mars. question number one. the obamas flu -- flew to copenhagen to pitch the bid for

the 2016 olympics. >> we are putting the full force of the white house and the state department to make sure that not only is this a successful games but that visitors from all around the world feel welcome and come away with a sense of the incredible diversity of the american people. bill: well, it ain't going to happen. it didn't work out too well for the president. what was the last u.s. city to host the summer olympics? bill: cards up, please. doocy, i'm getting mail you are cheating. >> how am i cheating? bill: your cards are slow. maccallum is right on it i know the wrist is a little limp. i got that. i'm not saying any other pejorative than physical. his wrists are a little small. get those cards up. >> all right. bill: director roman polanski was arrested on child sex

charges after 232 years on the lamb. for which movie did polanski win a best director oscar. bill: the answer is d, the pee an nist. roll the tape. bill: that bored the heck out of me but what do i know? >> chinatown is better. bill: i thought saturday night fever should have won. question number three a shocking video surfaced of a 16-year-old honor student in chicago being beaten together by gang members. [shouting]

[beep. [. bill: that may be why chicago didn't get the olympics. i'm not kidding. because that was just unbelievable worldwide. now, which american city ranks as the most violent according to forbes magazine statistics? bill: the answer is d, doocy is now two ahead with two to go as maccallum may be getting the cards up quickly but she is getting the wrong cards up. bill: all right, maccallum, you can still pull it out for your contestant. have you got venus. >> i have got venus. i have got michael venus. >> cindy. don't worry, cindy. bill: don't lose hope, cindy.

last week speaker pelosi attended a concert in d.c. which musical act did she see? bill: the answer is, roll the tape. ♪ ♪ beautiful day ♪ beautiful day ♪ bill: correct, barry manilow, right? isn't that berry? a lot of botox these days. >> oh, berry. looking good, berry. bill: i like bono. i couldn't get out there. not where nancy pelosi went. last question, you can't win

maccallum but try to save a little pride on this one. you are up by two. >> go ahead. why don't you ask the question. bill: question number 5, dan rather's lawsuit against his long-time employer cbs was dismissed last week. >> i believe so strongly that the public needs to understand that this effort by large coorations asa pti political people to manipulate the news an people who cov the news is nhemerican way. whether you are conservative or liberal, big corporations are in oen w bit g fluee amans hear.ulth billwe atill wting for dan c rseaid he was going to. with whom did mr. rather co-anchor the evenings during the 1990s from the answer is connie chung. mr. venus wins. michael and cindy gets some

prizes too. the igomy of losing to mr. wrist over here. pinheads and patriots on deck tonight. dancing tom delay. oh, is it brutal or what? and the singing robot. p and p is next. . . e de l ng tigin when she started forgetting things, i was hoping it was nothing. grandma! what a nice surprise! mom, it's sunday. that's when i knew i couldn't wait. .

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bill: that robot is definitely eighth and had the. we have another great promotion for you because we like you i lot. -- because we like you a lot. can you believe this tremendous deal? purchase the book, get the tote bag. premium members did double discounts on our stuff throughout october. now, from virginia -- bill: while the city does run up a debt, the folks that live in the city make big money. why you think the olympics are so high the covered? michael more refuses to ship -- to come on the factor. lou, washington -- [laughter]

bill vaighan, maine -- sue dodd, -- bill: that is a smart thing to do. bill: since you are the varsity

baseball coach at pacific high, i think it would look great, tony. we know it would -- we know who is writing to us. we have them on line. folks are starting to purchase bold fresh signs for christmas. thank you for asking. our web site is foxnews.com/o reilly. name and town, name and town. [laughter] i am laughing because i forgot to give the word of the day. which i do sometimes. usually the producer asks me. today she did not. she put in her own word. your rode my authority. so, the word of the day