next. good night from washington, d.c.. gretawire. go to it. most trusted name in news. >> bill: "the o'reilly factor" is on. tonight: >> let me just make this point, john, because we're north campaigning anymore. the election is over. >> i am reminded of that every day. >> bill: not too much heat. not too much light either in the health care summit. we'll tell you what it means to you and laura ingraham will have some thoughts. >> america -- laughter. >> line richie go time. >> hello. >> hide you're eyes. >> abc runs a commercial for kids that has double entendre in it. we will play you the part and the culture warriors will analyze. and that killer whale who took the life of a 40-year-old woman in florida had killed two other human beings in the past.

megyn kelly on the legal implications. caution, you are about to enter the no spin zone. the factor begins right now. ♪ >> bill: hi, i'm bill o'reilly, thanks for watching us tonight. bloviating gone wild. that is the subject of this evening's talking points memo. you can look at the health care summit today in two ways. first, that it was a civil, patriotic exercise designed to deal with the problem vital to americans. or, or, it was politics as usual bloviating beyond belief. talking points is leaning toward the latter. for example, president obama said his plan will bring down the health care costs. republicans, of course, say costs will go up. does your head hurt? so let's get down to basics. each side has one very strong point. the democrats rightly say that medical costs are out of control and many americans are getting

hurt. that's absolutely true and costs will continue to rise if nothing is done. republicans say the enormous federal intrusion into the healthcare system could bankrupt the country and will lead to even more chaos. and that's very likely true as well. according to public records, profits for the top five health insurance companies rose 56% last year. however, the profit margin in the industry is just 2.2%. that's not big. another, however, according to the house energy and congressny committee some house big shots doing well. 39 executives paid more than 1 million bucks a year. and last year the company spent 27 million on lavish retreats for their brass. at a time when many folks are suffering, that is a tough pill to swallow, pardon the pun. we will debate this with stuart varney coming up. so, the president does have ammunition when he says the system must be reformed, a third, however. mr. obama no explanation for apathy about stopping irresponsible lawsuit against

medical personnel, tort reform or setting up more competitive interstate insurance system. also, mr. obama cannot explain continuing opposition to expanding privately funded health care accounts. now, conservatives believe the president has little interest in those things because he wants a big federal power grab. and it's hard to refute that. i believe the free marketplace could reform some health care wrongs but mr. obama doesn't even want to try. so what it comes down to is money and philosophy. committed liberals like nancy pelosi and harry reid want the nanny state to provide. therefore, making americans more dependent on government. staunch republicans, like john mccain and lamar alexander want competition to lead the way and shoulder at a big government health care scenario. so it looks like the two sides are not going to meet on this thing. finally, talking points believes the u.s.a. is now heading towards bankruptcy. that would make every citizen sick. there dismo way americans can afford another multi trillion-dollar entitlement. so, health care reform, yes, but it has to be smaller and more

market-place driven. and that's the memo. now for the top story tonight, reaction of reaction. joining us from washington congressman dennis kucinich and congressman woman michele bachmann. congresswoman, what was the headline for you today? >> i think the take away today, bill, is that we accomplished more at the white house beer summit than we accomplished today at the white house health care summit. [ laughter ] i think a lot of people were frustrated. they didn't see a lot happen. >> bill: okay. but, let's be fair. the american people, if you could slog through this, and it's my job to do it so the viewers don't have to, did see a civil discussion. they did see a lot of points put on the table by both sides. i thought it was fair and balanced. i thought the president did a good job moderating. did you feel the same way congresswoman? >> well, clearly this was the president's opportunity. and the president's show, so to spook. he was able to control the conversation. he was able to cut off participants and he was able to have the last word at every

turn. so clearly this was his opportunity. >> bill: did you see him do anything unfair when you say cut off? did you see him doing doo anything like i do interrupt in a boorish manner? >> no. i'm not says he was boorish but certainly he was able to control the conversation. it wasn't possible for participants to be able to come back and refute what he had said because he moved on to the next person. but the more important point is that there are things that we can do that are fairly simple. clearly, his bill is so complicated it's unreadable. nobody understands what it is about. you have always said from the beginning, bill, the folks have to have something that is straightforward. >> bill: you bet. >> i would agree. the most straightforward thing that we could do is something you said that republicans have -- that democrats have said, which is that the insurance companies need to give here to. i would agree. i think what we need to do is take the walls down in every safety so that the folks can buy any insurance policy they want anywhere. >> bill: that's a republican

tenet and the factor supports that what was the headline for you,. >> i have to qualify from 2 to 5:00 i was chairing a hearing, i didn't see the last three hours. what i did see early on, and i think it's important for the american people to know, is that democrats and republicans alike will at least sit down and have a civil discussion. >> bill: yeah. absolutely. >> what is inarguably one of the greatest issues of our time. i think that's important for people to know that we do find ways to get along and to disagree without being disagreeable. that can happen here. it's important to know that. >> bill: i think psychologically that was a good thing today. you have got to admit it was as boring as sand, was it not? >> well, i'm not really bored about health care. >> bill: no. but you are a wonk. you are a wonk guy. >> you are the first person who ever call me that. >> bill: i'm the smartest person you know. go ahead. >> bill, one out of every three dollars goes. >> bill: to health care. >> to the for-profit system. no one out of every six dollars

in our economy goes to health care. in terms of our g.d.p. but one out of every three dollars goes for the activities of corporate profits, stock options, executive salaries, advertising, marketing, the cost of paperwork, 15 to 30% in the private sector. the model that i propose totally different than what democrats and republicans are talking about. >> bill: i know. but i can't get into that tonight. >> medicare for all. single payer. >> bill: i have got to get into who won and what do you think is going to happen? congresswoman, make a prediction, we have polls come out starting on monday, maybe even snap polls tomorrow, about what the american people who won? you know, this is what measures do. who won? we always do it. no matter what it's olympics, competition, super bowl, politics, so, i know you are a republican. you are probably going to say the g.o.p. won. but make a prediction on the polls. what are the folks going to say? >> well, to be honest, i really think that frustration won because i think anyone who sat through this six-hour marathon

today was n. inexsocialably frustrated by. this the president had his heels dug. in the republicans tried to make their point. there was no coming together. the public is tired of this. this has gone on for a very long time. >> bill: you didn't see any bend at all on barack obama's part? he didn't pend at all. >> no. i didn't see that he was willing to come together to -- come together on terms that we agree because ultimately he was working off of his bill. remember, over a year has been spent behind closed doors to put his bill together. he is not coming off that bill. no. >> if he doesn't come off that bill, what will republicans do? >> bill: if he wants it to be passed the house, particularly, congressman kucinich, he will have to give somewhat. he have to come up with something different or it's not going to pass. >> that's not happening. >> well, the question that you just raised or the observation you just made, bill, is a valid one. and that is that how do you get

a bill passed if you don't find a way of addressing, you know, many of the concerns people. i think for my part, when the president took the public option out of the bill, i don't see any way i can support it. >> bill: so you are going to vote against it and i'm sure congresswoman bachmann is going to vote against it. blue dog democrats who said they are going to vote against it. >> keep in mind, if the president did introduce his bill before the summit, so, if he had called the summit and then introduced the bill, then -- >> bill: we will see what comes out of the summit. as it stands now, this past, congresswoman bachman does it pass yes or no. >> no. >> bill: does it pass congressman kucinich yes or no. >> i think it has a great deal of difficulty. >> bill: all right. thanks for you both. great debate. we appreciate it next on the rundown laura ingraham on the big summit. later, abc ran a commercial designed for kids that has controversial sex reference in it. the culture warriors are on the case upcoming.

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>> bill: continuing with health care summit. joining us from washington radio talk show star laura ingraham. this passing the wires president obama is not optimistic that any hearts and minds were changed today. was there anything about this whole thing that you liked, ms. laura. >> here is what i liked, bill, i liked the dueling sob stories.

how rotten our healthcare system is. luis slaughter won by i saying one of her constituents had to wear her sister's dentures, okay, it got so bad with the healthcare system. >> bill: that's grizzly, isn't it. >> harry reid on the cleft palate. the whole thing was ridiculous. why that happened, bill, is because every time it did get to the substance and i'm speaking as an analyst here and not as a conservative. when he did get into the substance, the president and the democrats seemed to be very uncomfortable, right? they wanted to turn it back to the euphemisms of universal coverage and heartache that so many people feel when their lose their health insurance. >> bill: i think you agree that this was more about hearts and minds of the public than it was persuading anybody to do anything, you know, across the aisle. this is about reaching the american people and president obama's last stand to try to

convince them to support him. and you use emotion in that kind of an argument. >> yeah, the problem is that they have been doing that for, um, nine months. that didn't work. okay? >> bill: this is a big stage today. >> yeah. it was a big stage. i actually disagree with you, bill. i think the audience here was not necessarily john q. public. they are against this intrusion in our liberty. what they're doing it for really is for those 10 democrats who, i mean, 10 democrats who mitch mcconnell needs right now, right? if they push this through on the 51-vote majority, a reconciliation, then mitch mcconnell, who is a little bit more of a southern gentleman in his approach than some of the, you know, young republican congressman. mcconnell needs to appear reasonable and i think he did, and opened discussion, which he did. and that, i think, in and of itself was probably a net positive for republicans, even though in general i didn't necessarily think this was all that great of an idea. >> bill: okay, now, what's going to happen going forward?

you know, when the president issues a statement right after the summit that says, you know, i don't think it worked. i don't think we got any detente going on. that's not good. usually they try to put on a happy face and say oh, yeah, we will get it done. i don't think it's going to get done. >> well, i think he wrote the detente line before the summit began. and i think that there is no sign -- >> bill: why we do that? it looks like a defeat for him? why would he do that? if he is going to lose, come on, laura, if obama doesn't get anything passed, he can blame anybody he wants. if he doesn't get anything passed, it's on him. >> he said detente. he is frying to say that the republicans didn't really come closer to him. he will say look, i said i would talk about states doing their experiments with health care. he did. he said that well, i will be willing to consider that if we can come to common ground, right? so he did say that however, there was no real movement on the part of the president toward the people of the country. okay, he didn't really make any move at all. i think he knew that from the beginning. he wanted to sit there with his

hand on his chin and look like he was thinking about it. >> bill: let's be fair because we are a fair and balanced network. >> i'm giving you my honest assessment not as a conservative. >> bill: i know that. you said no move on the part of the president republicans was true did the republicans move toward the president at all. >> they don't have to. i just think they never had to because the republicans, hands down, won this debate. and every forum every time it was debated. >> bill: because they have public opinion on heir side now they can go in and say hey, we are north going to give you anything. i don't know if americans are going to like that. i think they want to see compromise on both sides. >> again, i think that's falling right into the trap that the democrats set that this is by b. bipartisanship and not about liberty and not about the patience and tom coburn throughout the day made great points about patient care. we are north talking about individual patients and how they are going to be affected by this massive washington power grab. i thought that was actually

quite compelling. i think time and again, bill, what you saw was the president, again, looking like he is listening, right, then appearing like kind as a national review corner folk said kind of a prickly committee chairman, so he was kind of diminished a little bit by this whole forum. he didn't seem as presidential as he did kind of, you know, like local access county commissioner dealing with the next sewer bond initiative or something. kind of appeared irritated. >> bill: i thought he did an okay job. >> i thought he looked diminished. >> bill: he did okay job of keeping the things civil. >> who did he persuade? >> bill: nobody. >> did he persuade bun person with his performance today? >> bill: no. he did a good job as moderator in this forum. >> he is the president of the united states. he is not a moderator. >> bill: he was here. he was a moderator. he set himself up as a moderator. >> he is a president with the majority in control. he is the president of the united states with the majority in control of the congress. >> bill: moderator of the dog

and pony show and did he a decent job. >> bill. >> bill: he hasn't been able to persuade the american people. >> the people are against this. >> bill: they don't understand it. they don't get it. >> i think people do understand it. i think the people do understand it. i think they have understood this from the beginning about what's going on. this has never been about patients. it's always been about power. i think the people get this more than they have gotten probably any complex legislative issue in the last 25 years. i disagree. i think the people understand. >> bill: well, i think they understand the ideology involved, bigger government and the power grab. i agree with you there. they don't understand the nuts and bolts of the bill itself. nobody could. laura ingraham. >> you got the last word. >> bill: directly ahead, our pal ellis henican ran a poll on khalid sheikh mohammed and ellis cannot be happy what you the public told him. florida whale that took the the life of a florida woman killed twice before. what was he doing in the tank? megyn kelly on the legal situation as the factor continues.

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>> remove all the special deals for the special interests and favored few and treat all americans the same under provisions of the law so that they will know that geography

does not dictate what kind of health care they would receive. i thank you, mr. president. >> let me just make this point, john, because we're not campaigning anymore. the election is over. >> i am reminded of that every day. >> bill: that weighs the most controversial thing that happened at the summit today. with us now committed liberal guy and fox news analyst ellis henican. all right, look, what we are getting from the white house and this is from our guys there is basically that president obama does understand that he is not going to get anything from the g.o.p., that he didn't win any hearts and minds today in that thing. and that is he just going to basically get the bill through. he is going to try to ram it through. >> that's my read on it i think the efforts at bipartisanship. >> bill: failed? not going to work. the exercise was worthy because the folks got to hear what the folks got to hear. >> they are saying no, no, and they are still saying no. >> bill: advance president obama is going to tell his guys in the senate and the house to get it through. is he going to be successful. >> i think he has a pretty go

good incentive. democracy don't want to run for re-election without having anything. they would rather have something they didn't like too much and had to hold their nose and vote for. >> bill: you heard kucinich and bachmann say not going to do it. >> i understand. and dennis kucinich may not be part of the group. you know what? you don't necessarily need every single one of them. >> bill: you will predict this about l. pass both house and senate. >> i'm more optimistic than you and laura. i don't think i'm going to like it. i don't think it's going to be a watered down so-so not such a great bill there is a pretty strong incentive. >> bill: i think it will pass the senate, it will not pass the house. and then it will be dead. let's assume that i'm right, as as i so often am. >> occasionally. >> bill: how much damage dots this do to president obama? >> i think it hurts him. i think if the chief legislative plank of his platform this year was health care reform and he doesn't get anything through. >> bill: is he very, very damaged. >> he is not running for re-election.

>> bill: well, his guys are running next november. >> i think it's damaging politically. >> bill: let's assume you are right as you so seldom are and he does ram it through. >> right. >> bill: the public still says 65%, 60%. >> right. >> bill: we hate it does that damage him at well. >> you know, it doesn't nearly as much. >> bill: doesn't damage him nearly as much as failure. >> having nothing is worse than having something that isn't so good. >> bill: that we hate? >> as you were arguing earlier, a lot of americans don't really know what's in this. it's so complicated. in fact, if you put the planks to people one at a time, actually, they support a lot of those. >> bill: yeah, but the first time some elderly person doesn't get the heart transplant or something, you know, it's going to -- all right. it's very, very hard to report on a story with speculation. but ellis thinks this thing will get through. i think president obama will be damaged either way. i do agree with you that he will be damaged more if it goes down in flames. >> there is also the danger that the republicans face in this. i think they added to their risk

today. >> bill: maybe. >> they don't want to be the party of hell-no. >> bill: they made a fairly articulate program today about what they want. i mean, i got their bills right here. i don't have a democratic bill. they want bing bing bing bing bing and they said that. let the folks decide. >> they were more articulate today than they were a couple weeks ago in baltimore where they didn't sound like they knew what they were talking about. >> bill: republicans opened up with lamar alexander who is basically father knows best, patches on the elbows. he is a reasonable guy. who did the democrats open up with? nancy pelosi. >> no, no. >> bill: nancy pelosi opens up. i went whoa. the republicans outsmarted them. they put lamar, who is as in -- and they throw in this bomb thrower. >> i think you are right about that. >> bill: thank you. >> notice the word and i'm going to get to you agree on, this the word you and i both keep using is obama is the moderator. >> bill: he is the moderator. that's what he did. >> that's exactly where he wants

to be. >> bill: he wanted to be the statesman today. >> he wants to be the reasonable guy. >> bill: he came off that way. >> and that's good. >> bill: it's good but it's not going to help him in the long run because the country wants leadership. a few days ago i asked ellis to run a poll in news day, the socialistic newspaper. >> come on! amount am amman of my word by the way. >> bill: you are. >> runs the dopey poll in his column and the question is do you want khalid sheikh mohammed tried in federal court in new york city or a military tribunal? these are ellis's readers, ladies and gentlemen, people who actually buy the paper, open it, and read what ellis says. >> people like you who are an avid reader, right? 74% to 26% this is humiliation. >> not at all. >> bill: the folks saying he will litigation his, you don't know what you are doing. >> you might be surprised to know that there is a lot of nimby feeling. not in my backyard. >> bill: nimby? >> not in my backyard.

>> bill: there is another feeling, nin rod that you might be it? >> surprise dollars me that you think you should conform your opinion to polls. >> bill: your own people are turning on you, ellis. your own crew? >> unlike you, bill,. >> bill: threw you under the bus. >> i will think for myself. i will do what's right even when it is unpopular. >> bill: keep it up, ellis. you will have no readers. ellis henican. plenty more as the factor moves along this evening. some people are upset that abc used double entendra aimed at children. why is a whale killed two people still using in water show. megyn kelly has been investigating sea world in florida. we hope you stay tuned to those reports.

>> bill: culture warrior segment tonight viewer warning we have a commercial features double entendre. the ad which ran on abc was designed to appeal to children. click off now if you are not ready to see this tape. happy valentine's day's day, daddy. >> america heart the. [ laughterlaughter. >> happy valentine's day. >> everyone has a heart on for abc comedy wednesday. >> bill: if you didn't get it? i'm glad. here now fox news analyst margaret hoover and gretchen carlson. all right, carlson, charlie brown, i don't know whether you noticed in the commercial but when they did that double inten

dra charlie's eyebrows did that. >> as well mine did. >> bill: when snoopy fell off the dog house. >> what happened to woodstock? this is pushing the envelope a little too far. >> bill: was there envelope in this. >> pushing the envelope a little too far. we all understand as adults what the joke is here. but why cannot -- why can we just not write jokes anymore that are funny without sexual innuendo? i don't get it. they used to in the olden days. >> bill: i don't care what the ad people do on the networks, when i saw charlie brown, and i'm not kidding here, i am like, you know, why would you even want to do that? it's clever, i guess, if you are writing for hustler, but why do you want to do that on abc? >> because they are doing. >> bill: family network. >> doing everything in their power to get the attention. >> bill: that wouldn't get anybody's attention in a positive way, would it, hoover? >> i cannot disagree with both of you more on this. i think you are totally over blowing this.

much ado about nothing. >> bill: you didn't see charlie's eyebrows go up? >> i didn't. that means you watched it twice, i didn't. >> bill: so you thought it was fine. >> i thought this was much ado about nothing. and by the way in much a do about nothing there are far more lewd references to sexual behavior. >> bill: in s. charlie brown in much to ado about nothing? that's a shakespeare play. >> nobody was arguing that shakespeare was arguing downfall. >> bill: yes the ground lings were arguing do you know who they are. >> i don't know the ground lings. >> bill: the groundlings are the ones who paid the least amount to watch shakespeare and stood. >> and stood four hours. >> here is what i think the reference is. you and i are parents, okay? and no offense, margaret. >> that's okay, i don't have kids. >> bill: you are attacking her. >> no i'm not. >> bill: i will if you don't. >> okay. that's your job. but what i'm saying is that as a

parent, i think i have a different perspective on this. >> bill: the kids wouldn't get this. >> exactly. that's what i thought today. my 6-year-old who was in the office with me today when i originally put this up on the computer screen with the sound pretty low. i figured he wouldn't get it anyway. >> bill: nothing offends me. >> she might when she is 8. that's a problem. >> bill: nothing offends me. i think it's unnecessary and beneath abc to pedal that stuff. okay. i hate to do this to you ladies and gentlemen but peta is back. all right? the people for the think -- ethical treatment of animals. they take the tiger woods situation and they run a poster ad that says too much sex can be a bad thing. and this is about spaying and neutering cats, all right? off tiger and that's what -- okay. we don't need to see this again. here is an interesting thing. they took it down. because somebody threatened to sue. >> actually, they never ran it. >> bill: okay. they didn't put it up but there is some legal stuff going on

here. we're not quite sure what it is. what do you think of that. >> my guess it is tiger woods' lawyer saying. >> bill: litigation right now. >> i don't need you guys -- look, i wish our political parties were this creative in their advertising. >> bill: it is creative. >> it is creative. here we are talking about it they didn't have to run the ad and we are talking about it. >> bill: the message is cruel to tiger woods and his family. is that worth the message of spaying and neutering cats? >> yes. why not? you should spay and neuter your cat. absolutely. everybody should do that. >> absolutely not. >> bill: another disagreement. >> absolutely not. et. >> bill: let carlson go. >> tiger woods, what he did, we have all discussed that. peta should not be able to take advantage of that in yet another ad where they try to go after a celebrity for national immediate attention. they knew darn well this thing would have to be taken down or not see the light of day. >> bill: why would it be taken down. >> it is one of the biggest slams i have ever seen.

>> bill: is he a public figure. >> it is so over the top. they were going to put it up in his own personal community. >> bill: legally he wouldn't have a chance. but, i think that people now might be saying, look, enough is enough. >> exactly. >> bill: i know they are saying enough is enough with the tiger woods stuff. it's enough. >> peta is creative. they don't have a lot of ways they don't have a ton of money. they can't buy-million-dollar super bowl ads. they are creative techniques to get celebrities. >> bill: having this kind of discussion. but you say the message is worth this. >> it's hysterical. >> bill: you say the message is not worth. this they did the same thing to michelle obama without her permission. they had to take it down. last week at the dog show of all places they put out protesters. they did this to larry byrd which we discussed last week. they were brilliant at getting celebrities out there and using them. i just don't think in this case i think it crossed the line. >> bill: appreciate it when we come right back, megyn kelly on why a whale who killed two human

beings still being displayed at sea world. another woman dead and whale still in the tank. another controversy today when i another controversy today when i showed up at good morning okay, sweetie, open wide and say "ahh." ♪ ahh ♪ ahh ♪ ahh ♪ ahh ♪ ahh ♪ ahh ♪ ahh ♪ ahh ♪ ahh ♪ ahh ♪ ahh ♪ ahh ♪ ahh ♪ ahh ♪ ahh ♪ ahh [ male announcer ] at ge, we've dedicated some of the best minds and the most advanced technogy o bring better health to more pple. it's an ia we call hlthymagination and we think it just might catch on. ♪ ahh, ahh, ahh, ahh

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>> bill: thanks for staying with us, i'm bill o'reilly. in the kelly file segment tonight, why was it a dangerous whale that this killed two people featured in florida water show. what are the implications of

that. as you may know the whale killed a 40-year-old florida woman a trainer at sea world. a huge mammal pulled the woman under water. she drowned in front of a bunch of spectators. awful. with us now attorney and fox news anchor megyn kelly. i'm thinking if i'm the family of the poor woman who died, we have a whale that killed two people before, we have a known species who is ferocious. there is he paddling around sea world. do i have a lawsuit. >> no. what you said is wrong. orcas are not ferocious. experts say there has never been documented case of so-called killer whale killing someone out in the ocean, in the wild. >> bill: in the ocean? >> but when they are taken into captivity they have had certain problems. >> bill: didn't you ever read money buy dick? have you not red that book, kelly? the great white whale gregory peck got downed by mobey dick. >> in captivity it has happened

and it did happen with this particular whale. the problem for any potential litigants who might want to bring a lawsuit is, everyone knew that. and this woman, better than anyone, knew the risks of working with the killer whale. >> bill: we're going to give you some video now in 1972 in san diego where another killer whale in this video. killed this woman. she lived but she was hurt. attacked this woman. and the ferocity of the whale as megyn said in limited space was well-documented. you are saying because the trainer, this woman, knew the history of all of this, and decided to work at sea world anyway and associate with the whale in very close quarters that there is no lawsuit. >> she knew better than anybody. the prior incidents with this whale, one involves a homeless man sneaking into sea world and jumping in the tank overnight. you can't blame that one on the whale. the other one involved a trainer back in 191 who they said, i saw two conflicting reports, one

said that she fell in the tank and the drowned by the whale. >> bill: say no case no way? >> no case. jack hanna noted animal expert said, look, this is akin to astronauts who go up in the space shuttle. you know there are risks. it's done for the good of society. >> bill: you work with any animal, you know there are risks. >> he knows better than anybody what the risks are. it's not a killer bunny. it's a killer whale. >> bill: would you push for legislation that there wouldn't be whales in confined spaces because now we have seen three people die? >> you know, i understand the point that animal lovers make that they don't like to see these what else in captivity. i also understand the other argument which is they are doing a public service. >> bill: they are making money though. it's a money-maker. >> animal life. it leads some people to be more active on behalf of orcas. >> bill: it still makes me queazy that this whale is in that tank. >> it would be different if it attacked a visitor with a trainer, there is no lawsuit.

>> bill: okay. but i don't know if they should still have this display. >> they are reviewing their procedure. i don't think it's going to -- >> bill: in san francisco three men murdered by illegal alien who had a long criminal rap sheet, violent rap sheet. city of san francisco did not report the underaged -- he is a minor, this guy, to ice. they purposely didn't report him. they knew he was violent and this guy ramos killed these three men. the family of the men sued the city of san francisco. now, you predicted that the suit would be thrown out. i remember, right? >> i did, yeah. >> bill: you were right. the judge threw it out, why? >> you can't sue cities for their policies. >> bill: even if their policies are illegal as san francisco's is. >> yes. there is whole legal analysis i could go through with you on that. the answer is yes. you can't sue a city for failing to protect you. if i was walking down the street and god for bid somebody shot me i cannot sue the city of new york for someone shooting me.

>> bill: the only way i disagree with you is that the city of san francisco violated federal law by not turning the guy over to ice when they knew he was a danger. they knew he was illegal. they violated federal law. you can say, look, if the city violates federal law, shouldn't they be held accountable? >> the court went through that the court said the federal law doesn't impose a mandatory duty on the cities to report illegals. >> bill: they interpreted the law as saying you didn't have to. >> exactly. >> bill: which is bull, bull, bull, bull. >> there is a are very good reason for not putting cities on the hook. >> bill: i got that you would have everybody suing the city. >> be bankrupt all over the country. >> bill: you have lawsuits against municipalities when they do something egregious and i thought this rose. in colorado it's now medical marijuana hysteria. more pot shops in denver want licenses than starbucks. and what happens is that they go in, they get their little pot in the medical marijuana clinics. they smoke it, and they go to work. and in lots of marketplaces they

have drug testing. so, if you're dirty on the job, county guy fire you if you have a medical marijuana card? >> yes. the law is still not that you can show up to work stoned. >> bill: even if your back hurts? >> even if your back hurts. you have got to toke ever after work hours in colorado. the problem arises when you are not high but you submit yourself to the drug testing at your employer's insistence during the work hours because the night before you were high. >> bill: stays in your bloodstream. >> now there is a question whether an employer could fire employee under that reason drugs in the system because of medical use. >> bill: yeah. how are you going to prove that? you have the card but -- so you are saying that right now an employer in colorado could fire somebody -- >> -- that's what employers are arguing but employees in colorado are saying each that is potentially problematic. >> bill: so have to let gait this and you are going to predict? >> i think the employers will win. they have won in other states where this has gone up. it will have a fundamental right to smoke marijuana.

>> bill: finger hurts and you smoke pot to ease that pain, you can't come into the fox news channel. >> well, i don't know. maybe being on air high is easier than like driving a truck high. i'm not sure. >> bill: if that were the case our competition would have no anchors. megyn kelly, everybody. coming right back with my appearance on good morning america. and folks making money when you get sick. moments away. right now you can get a great deal on any volkswagen. well, the tiguan's great. mm. and the routan has everything we're looking for. plus, every volkswagen cludes no-charge, scheduled, ca-free maintenance. so, what's this punchdub days about? you know, where you punch someone in the arm every time u see a volkswagen. red one! [ baby crying ] test drive? [ male announcer ] with great deals on all 13 models, it's a whole new volkswagen. and a whole new game. ♪

>> bill: back of the book segment tonight, how do you feel about folks making money when you get sick? here is what i said earlier in tonight's talking points memo. according to public records, profits for the top five health insurance companies rose 56% last year. however, the profit margin in the industry is just 2.2%, and that's not big. another, however, according to the house energy and commerce committee some health care big shots are doing very well. at well point, for example, 39 executives are paid more than a million bucks a year. last year, the company spent 27 million on lavish retreats for their brass. at a time when many folks are suffering, that is a tough pill to swallow, pardon the pun. >> bill: with us now fox news business guy stuart varney. so this is really the crux of this matter for the american people. a lot of people can't afford to buy health insurance. but the health insurance

companies are making some significant money and the execs are living large. so what say you? >> i don't believe that health care inflation, the rising cost of health care in this country is the result of executive pay, perks, or profits. if you add up all of the profits made by the five biggest insurers last year, it comes to $13 billion. take it off them. confiscate it take away those executive perks and all that pay to those executives. take it all away, what have you done? you have maybe got $14 billion. >> bill: why are the prices rising then. in california there is now a criminal investigation into some of the planned rate hikes, blue cross, i guess, is out there. >> let me deal with that. >> bill: why? >> the investigation in california. they are being investigated because they have might have spent a bit more on market as opposed to actual health care. that sounds an awful lot like a legal technicality and demonizing them. >> bill: why do they want 3 %

price hike. >> i asked well point why are you doing this? he said you have got a recession in california. 800,000 people going to be medicaid called medical in california. the doctors who treat them cannot make money out of them. they lose money on every patient. they transfer that loss to private health people, privately insured people, up go the premiums. it's because of the recession. it's because of medical. it has nothing to do with perks. >> bill: can you say, listen, you are screaming poverty, but you are not poor. you are making a healthy profit. >> all right. listen to this. >> bill: and 27 million on retreats? >> wait a second. >> bill: how long have you worked for news corps? >> seven years. >> bill: okay. i worked 13. have we ever had a retreat? have we ever had anything like that? >> if you took the 27 million away would it make that much difference? >> bill: it doesn't matter. it's coming psychological. you got people in the street. they are out at the venetian in

scottsdale. >> you are a mets fan. i read your book. are you equally really bent out of shape that brian schneider, mets cashier -- catcher last year he made $4.9 million. a million dollars more. >> bill: i got it but he has nothing to do with anybody's health. that's where it comes into play. so, look, 2.2% profit is not big big, as i said. >> it's terrible. it's way down. >> bill: it's way down. but when you have the health insurance companies paying their execs a million and up and going out to have -- you know, you know the democrats and the liberals are going to seize on that. >> yes. >> bill: to destroy these people. >> that is demonizing. that is not right. you don't get good policy by demonizing whole industries and companies. we should not be telling legitimate capitalist organizations how much profit they can make and how much they can pay their executives. >> bill: the thing is that you are profiting off other people's misery? >> no. >> bill: that's different. >> you are providing a valid

service. well point provides a very good service. of course we had the bureaucratic -- >> bill: see, i wouldn't mind if everybody was competing. >> not a mondayly. in california the attorney general edmond g. bound is suing seven private insurers in california. is he investigating seven of them. that's not a monopoly. >> bill: stuart varney. thanks for coming in. by the way stewart's program is 9:20 right after imus on the fox business channel. 9:20. don't be late, in the morning, 9:20. pinheads and patriots on deck tonight starring me on good morning america, sarah palin is also involved with. this right back with it. ah, auto! sir? finding everything okay? i work for a different insurance company. my auto policy's just getting a little too expensive. with progressive, you get the "name your price" option, so we build a policy to fit your budget. wow! the price gun. ♪ ah! wish we had this. we'd just tell people what to pay.

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bill: time for pinheads and patriots if you peruse huffington post you saw bill o'reilly, sarah palin needs to go to college. sounds insulting, does it not? here's what i said today on good morning america when george stephanopoulos asked me about the governor. >> sarah palin needs to go to political college, world affairs college and she is. she has hired advisers and they are giving her a whole bunch of tracks to learn. because it is a sophisticated deal. but give me a break. nancy pelosi's a genius? once again left wing media distorts the conversation

crossing into pinhead territory. george stephanopoulos is a patriot for conducting a fair interview. we are pleased so many viewers are signing up to become premium members. we are giving away this outstanding travel mug to new annual p m's and vets who renew their memberships we are even picking up the shipping. good folks on the message boards so check it out. the mail. kevin: your interview on gma was one of the best by a guest i've heard. you outlined health care problems that must be addressed. dennis: o'reilly you made two troublesome statements. first some health insurance companies are charging too much why are profits bad? the jobs bill was good. you made the sail foolish arguments about the oil companies -- made the same foolish arguments about the oil companies. your every man for himself

would lead to disaster. i was correct they did raise prices in conjunction with the speculators not for supply and demand issue. also, if you got sick and couldn't pay your medical bills, i would try to get you help in the great judea tradition. you need to wise up and realize the government does play a role in providing some protection to its citizens. bill, what i like is wherever you go, you know where you stan. mary: mr. o many of us are fearful of the health care situation i'm in renal failure and recently lost health care. that's why they have to reform the system assist people like you. mr. o'reilly in your organization with dick morris you said you are more concerned with the cost of health care and with rash channing -- rationing. i inunderstand i agree some

rationing would take place, decisions about france plans are now being made by private companies. if you don't have money and you get sick in america, many things are out of of your control. that will not change with obama care or anything he will. sue: with all the new taxes i'm keeping a spreadsheet and will add them up at the end of the year. that's a great idea sue. i would love to see that how many new and add on taxes that they hit you without there in st. paul. priscilla: we said the same about tiger woods, he did not show much emotion in his confession. body expert tonya is good. pat: bill, i read bold fresh then had to pick up the audio so i could hear you tell me about what you did in your childhood. i know it is scary pat, i'm glad you got the audio.

72 weeks the audio is on the best seller list. foxnews.com/o'reilly talking points memo is there. we do a big deal tonight on the health care summit. you might want to check it out. then you can e-mail us with pithy comments. a little extra time here's how you get your letter read on air. you got to be provocative, not defensive. if you use bad language you are thrown out right an wait a minute personal attacks we throw it out right away. you gotta have in the first few sentences what your point is, we get thousands the guys reading them before they get to me are looking for snappy stuff and pithy. of course when writing to us here is the word of the day you cannot be, being not be fallacious when writing to the factor. that's it for us today. check out bill o'reilly.com. which hope to see you again