unafraid. night, 7:00 eastern, 6:00 central. right now, here he is. >> bill: "the o'reilly factor" is on. tonight. >> mr. president, you're of the guy that made it happen. >> bill: while democrats are gloating, republicans may be damaging their own cause by inflammatory rhetoric. >> those who are shouting out are out of order. >> bill: we'll take a hard look at the explosive situation in the wake of obama care. >> i am very determined to see this suit through. it's unconstitutional and invades the sovereignty of the states. >> bill: will health care reform be ruled unconstitutional? our is it legal team has been investigating and we'll have predictions. also tonight, john stossel on the worst places to live in america and charles krauthammer on how the health care bill might hurt you. caution, you are about to enter the no spin zone.

the factor begins right now. ♪ >> bill: hi, i'm bill o'reilly, thank you for watching us tonight. joy and bitterness over obama care. that is the subject of this evening's talking points memo. as the nation watched the president sign health care reform into law today, a new cnn poll says that the majority of americans now disapprove of mr. obama's job performance. 51% say he is not doing a good job. when you consider that the president's approval rating was 76% just 13 months ago, that is a stunning reversal of fortune. nevertheless, democrats celebrated today. some actually gloating. vice president biden was especially afusive. >> everybody knows the story, starting with teddy roosevelt, they tried. they were real bold leaders, but, mr. president, they fell short. you have turned, mr. president,

the right of every american to have access in the decent health care into reality for the first time in american history. [ applause ] >> bill: and a few moments later the vice president echoed dick cheney actually saying the f word. >> ladies and gentlemen the president of the united states of america, barack obama. [ applause ] >> bill: sorry. as the loyal opposition -- as for the loyal opposition, well, they are seating. that's not good. some shouted racial insult at democratic congressman are now being played big by the far left who want to brand all americans who oppose barack obama's agenda as being racist. truth is there are nuts in every crowd but one loon can do damage. republicans and tea party people would be wise to keep their dissent on the high road. right now most americans aren't happy with the democrats and the

president, but that could change fast if unsavery tactics are used in protesting the obama administration. if americans believe there is an irrational hatred in the air, no matter what the issue, they will turn against the haters. ironically, that's why the far left can't gain respect in the country because that movement is dominated by hateful people. right now nancy pelosi's approval rating is just 11%. and harry reid's 8%. can you believe these numbers? according to a cbs poll. it's obvious the liberal leadership in america is being rejected. there is no need for hysteria on the right. if republicans want to defeat the obama administration, their best strategy is to use facts, not provocative rhetoric. as far as the democrats are concerned, ms. pelosi and mr. reid should wise up and understand the country has had quite enough of quasisocialism. if the far left element of the democratic party continues its agenda, the democrats might completely collapse. so, in both parties, there is danger in the air. that's the memo. now for the top story tonight.

reaction, with us barack and a hard blaze duo monica crowley and alan colmes. both are fox news analysts. is this a big blanking deal? how about that? >> unlike dick cheney he wasn't calling someone that name. >> bill: no. but did he not see the microphone there? you see, it picks it up. >> he was jubilant. american people. come on. >> bill: when you are jubilant, colmes, do you use that word. >> never unless -- i think it but i never -- >> bill: you never get that jubilant. >> hardly ever. now, u.s.a. gallup poll today shows that things have turned around. most americans, 4 wers, not most, close to most support this health care plan things are changing now. >> bill: let's let that shake out for a couple of days. how about gloating in the face of a very controversial situation? do you think that's wise? >> i'm not sure i would use the word gloating. look, i think they are celebrating. certainly you would have the right-wing celebrating if they were able to defeat this bill, you could be sure they would be

gloating. >> bill: that is true. >> that's just the way it is. people tend to -- >> bill: gloating on one side makes it okay to gloat on the other side. >> i wouldn't say that. it's part of the human condition. >> bill: human condition. [ laughter ] >> crowley, how could you be so rude. >> i'm so glad i could make crowley laugh. i'm glad that the human condition -- she would not be gloating if, in fact, this was -- >> bill: crowley was just jubilant. >> she is jubilant at my joke. >> i'm actually going to agree with alan. i have no problem with the president and democrats celebrating today. this is his victory. if president bush had managed to get a major piece of social legislation like reforming social security through, he would hold this kind of event. elections have consequences, here they're bill. to the victor belong the spoils. >> bill: you have no grief on the gloating front. >> i think they will pay the price at the polls. >> i disagree with you. >> let them celebrate their

moment. >> bill: i have been tracking the rhetoric on the right. tell me about what you think about that. >> well, look. i think this is a highly emotional subject for a lot of people. >> bill: right. >> you are talking about the government now literally in every nook and cranny of your life, bill, your eyeball, your ear canal. literally every part of your body and every part of your health care. this engenders a lot of emotion on both sides of the aisle. i do agree with you that there are loony tunes in every movement and every party. >> bill: what i'm trying to get across here is that at this point the conservative, republican, independent movement that objects to the big government takeover is winning. the polls show that. everything shows that. >> yeah. >> bill: now, they didn't win because it got through. they have the public opinion on their side. if you start calling obama and congress people the "n" word. spitting at them. i'm not saying that happened because we have no tape to prove it and we have got to be fair

about this. we have no tape to prove that happened. we have antidotal evidence. i'm saying this will destroy any kind of movement quicker than anything else. >> look, i think we are talking about very few people. >> bill: we are. very few. >> i'm not excusing their behavior. >> bill: did you watch msnbc? did you see what they did with it? >> yes. which is my next point. >> bill: one person does it, everybody is branded. >> amplified it to outrageous proportions. when you look back during the height of the iraq war, another very emotional issue, the left, and not just fringe elements of the left, but shot through the democratic party up to harry reid, the senate majority leader calling the commander and chief, a quote, loser. >> bill: again justifying bad behavior by pointing what colmes does all the time. >> not what colmes does. again i disagree with bill o'reilly. >> republicans are winning on the issues. when you look at republicans who have won elections as this whole health care battle started. christie in new jersey.

scott brown. they ran issues oriented campaigns. >> bill: we will do the talk radio thing in a moment is over the top rhetoric against obama care. now, is it fair for the liberal television networks to take an alleged occurrence, because we don't know if it happened. and here is why i'm a little bit more skeptical. we invited all of the congressman that were involved in this to come on and tell us. they are not showing up. >> maybe they are taking the high road and don't have to rub it in people's face. do you think cleaver who said he was spat upon was lying? >> bill: no but emanuel doesn't have the can a -- cahonas. >> just because he doesn't come on your show he is not sing singling you out. >> bill: have you got to stand up and say what happened. it's fairness. >> the fact of the matter is john lewis said he was called the "n" word. barney frank was given

homophobic. >> bill: how do we know that? do we have it on tape. >> so they are lying? >> bill: what exactly happened. >> the fact that they are not appearing on these shows to talk about it. >> bill: on any shows. >> does not negate the veracity of the claim. >> bill: yes, it does. you can't believe something where there is no proof if the people won't come on. >> comes on the factor and says it happened. >> bill: i would have much more credibility if that happens. >> only credible if he says it here. >> bill: why do you think they are dodging. >> not dodging. these are very isolated events. >> they are not isolated. >> bill: how do you know. >> one after the other after another. joseph chao calling it slavery. >> bill: joseph chao? be polite. we are trying to have a civilized conversation about how the national dialogue should be civilized. >> much more civilized here than it is in congress. >> nobody is condoning this but i think to amplify it loses track. you are right when you say that

the republicans ought to have their issues opposition-driven on the deficit, the debt, and the cost of obama care and how it is going to intrude. that's how we will win. >> bill: step up because it's a serious deal. the reason it's serious is because the left-wing media runs with this all day long. let's find out what happened. >> racist behavior during the iraq war. >> bill: monica and alan, thank you. next on the rundown, talk radio gone wild. take a listen what's happening on the air. is it legal to state challenges to obama care and federal judge ordering alleged al qaeda big shot to be released. those reports coming up.

>> bill: impact segment tonight, while the political rhetoric in washington over obama care is heated it's alice in wonderland compared to what's going on talk radio. listen to wwor in new york city. >>:

>> bill: here now is john gambling and from philadelphia syndicated radio talk show star mike gallagher. john, do you think communism? isn't that a bit much? >> well, i don't think that we are a communist level at the moment. it's not level red, if you want to take something from homeland security. but, if you continue down the road that barack obama has started to take us down, we're marching to europe. we're marching to france, we are marching to entitlements that we cannot afford. >> bill: so you see your role as paul revere, warning the country the direction we are headed.

when does it tip over into hysteria? rush limbaugh criticized me because i wouldn't call president obama a socialist. okay? so he mocked me for not doing that when does talk radio tip from being the paul revere, warning, hey, this is coming to overstating the case? >> i think when it becomes bomb bassing. when things are said, as you said just earlier in the last segment, when things become so big that you have lost the whole story in the middle. and i haven't gotten there. i don't think talk radio has gotten there sen -- generically. i think there are those on talk radio who have definitely gotten there. >> bill: what do you say mike gallagher. >> i'm going to say you ain't seen nothing yet, buddy. >> bill: am i a pal. >> pal to john, too. john comes from broadcasting iconic family. i have been at this for the better part of three decades. i have never seen the american people as engaged and fired up

and energized. there is a reason. talk radio is the place they are coming, bill, they know this encompasses everything, bill. this encompasses liberty for the first time. we haven't started. you want to hold back on the rhetoric? >> bill: i don't want to hold back on anything. i'm trying to figure it out. i did talk radio for seven years. >> you were good at it. >> bill: i appreciate that. you get to a point where -- and i understand why people are coming to talk radio. they want to talk about it. they are upset. they are concerned. that's why they watch the factor. they want the latest facts. they want to know and they want perspective. when does it go over the line into hysteria? when does it go there? >> you can't dictate that, bill. you can't determine or ramp back the passion or anger. >> bill: you can ramp back the rhetoric or does anything go. >> we're just starting. again, john is right about theisms. i'm right about the liberty. >> bill: you say running out of stuff? how many words are there to describe barack obama as a guy

who is ruining the country? >> how many way does do you have to chronicle the fact we are losing our liberty, life and death over the funding of abortion. are you kidding? this encompasses. the economy a sixth of our nation's economy? it has it all, bill. >> bill: john, when your listeners hear -- because you are not known as ideological guy. people don't know john, don't live in the new york area, you are kind of measured. you are traditional. >> i try to be, yeah. >> bill: you are not some guy who says vote republican i'm a right winger. >> no. >> bill: okay. when does the audience turn out? you see, there are guys who make good livings just throwing bombs every day, boom, boom, boom. you know, and i'm just trying to say when does it get to be too much and the audience goes -- >> we haven't even gotten close. >> bill: you are like mike gallagher. >> we haven't gotten close here yet because the people on my telephones on wor i will tell you say a lot worse things than i do.

i'm the one that -- >> bill: you are the moderate one. >> i push them back slightly just to kind of keep it -- >> bill: nice, civil, in the morning? >> yeah. >> bill: mike gallagher, will it hurt the republican party if the hatred level of barack obama rises into not irrational but into a serious realm? right now there are a lot of people who dislike the president, no doubt. a lot of people disliked president bush. you saw what the far left did to themselves with president bush. they made fools of themselves hating him so much. do you agree with that gallagher? >> well, we have got to stay on the merits. >> bill: do you agree that the far left made fools of themselves hating bush so much. >> of course they did. we don't want to be like them. >> bill: is there a risk on the converse. >> we have got to stay factual. you are right, bill. i don't disagree with you that we stay focused on the merits of this monstrosity called obama care. you can't pull out and extract the emotion and anger the folks are feeling. the left is trying to cling to

one or two nuts who allegedly slurred somebody based on their race or their sexual orientation. i mean, they are desperate. they know most americans oppose what they are doing. >> bill: and i agree with that last word, john. >> last word, i repeat constantly that this is not about barack obama. this is about the ideology of barack obama and the direction that he is taking it. i have no animosity toward barack obama at all. but his policy i abhor. >> bill: okay, guys, thank you very much. appreciate the spirited debate. directly ahead is it legal will the supreme court directly overturn obama care. later, oprah winfrey topic of defamation lawsuit. we will tell you more about that as the factor rolls along this evevevevevev/d/d/d/d/d/d/d/d/d/a

>> bill: in the is it legal segment tonight, we have so much for the ladies, we had to give them two segments. first up, rasmussen poll out today says 4% of american voters would favor having their state challenge obama care in court. just 37% would oppose. question, what are the odds, the odds the supreme court will eventually overturn health care reform? here now attorneys and fox news analysts kimberly guilfoyle and lis wiehl. all right, wiehl, you know, i told you right before the segment i yelled at the ladies. >> scaring us before we go on. >> bill: i don't want any nuances. tell me how you think this will play out. will it get to the supreme court. >> it definitely will get to the supreme court. >> bill: the supreme court will do what? >> i don't think the supreme court will find this unconstitutional. it's such a broad scope under what the commerce clause in the constitution that says anything that impacts economics that goes from one state to the other. so, for example, you can be in idaho but your hospital supplies are coming from arizona, that truck that is taking your

supplies impacts commerce clause. >> bill: it seems to me that the attorneys generals filing suits saying you can't punish somebody in this country don't buy something you order them to buy. >> there is a 1992 supreme court decision on point on that. they have an argument on that. >> bailey drexler said exactly that commerce cannot impose a tax to penalize or control conduct. >> bill: oh. >> there is a '92 opinion also 2002 opinion that they will be looking at. again, congress. >> bill: i want to hear again. what do you say? >> they should deem unconstitutional. however, they will not. >> bill: why? >> in these cases federal law and federal authority will supersede that. >> bill: how are they going to get around the punishing people who don't buy something they want them to buy? >> that is the best argument to deem it unconstitutional. however, it will fail because of the taxation issue. they have broad power to levy taxes. they have written it that way.

>> bill: that's why they have put the irs in charge of finding out. we will tax you. >> yes. >> bill: if i'm on the supreme court just what you ladies just said i vote unconstitutional. that's a ruse. >> it is. >> bill: they didn't have to put the irs in charge of this. >> that was -- >> bill: they could have put somebody else, the treasury department. could have put anybody in charge of it i'm not convinced. and i said this way back in the summer. >> it's shrouded under a taxation through the irs. >> bill: you don't think the supreme court is going to overturn the law. >> not as it stands. >> bill: it's going to be some case. >> absolutely. >> it will go all the way. >> kennedy will be the swing vote. probably 5-4 in that. >> it will be close. but it won't prevail ultimately. >> bill: judge ordering some al qaeda suspect to be released. tell me what this is all about. >> this is about the federal law. we will see a lot more of this. he granted a habeas corpus petition by this individual. james robertson is the u.s.

district judge. >> bill: is he a nut? >> depends on how you look at it i think he is wrong in this case. >> bill: how about his history. >> he was in the u.s. navy. he is also the judge who presided all over the guantanamo cases. he has extensive knowledge -- >> bill: you don't consider him a loon or imposing his political views on this? >> no. i would not go that far. he has had a number of rulings perhaps one will that favor the u.s. government. others have not. >> bill: wants to let who how? >> okay. captive at gitmo his name is mohammed salahi. >> bill: he recruited some of the 9/11 killers. >> from a cell they believed was responsible for the hijacking, and tied in ramzi bin al shibh. >> bill: bad guy if the government says this is true. this judge robertson says you have got to let him go. >> robertson is not a loon. >> bill: okay so the judge says you have got to let him go.

are the feds going to let him go? >> yes. as they should. the guy turned himself in in 2002. he was never charged. interrogated and never charged. you can't just hold the guy forever. >> bill: when is the guy going to walk out of guantanamo? >> shoo-in. >> i read some of the depositions he had in this international tribunal. the judge asked him where do you want to go if we release you? >> i can't go home. >> bill: chicago or miami. so you both think he is going to be released and the government is not going to be able to stop that. >> he is going to be released. secret rulings. we will not be able to get the information. he will be released because he had sleep deprivation. putting you out on the boat and threatening to kill you. >> bill: that's not really why he is being released. he is being released because robertson the judge says you don't have enough to keep him. you roughed him up and he said x, y, and zrmt but i'm not seeing what you got on him. >> nevertheless he was determined a high value detainee and subjected to interrogation.

he will be back. that's the problem. >> bill: i'm going to hope that he gets a job at the "new york times." that's what i hope. >> oh, wow. >> bill: we are going to have more with the ladies in a moment. oprah winfrey being sued for defamation. whoa. then john stossel on the worst places to live in america. maybe we will see the al qaeda guy there. coming back with stossel.

>> shepard: continuing now with our is it legal team least will and kimberly guilfoyle the aclu rooting filed freedom of information act wants to know where the drones are firing the missiles at al qaeda and taliban. where they are, how many people they killed. who ordered the killings and on and on and on. correct? >> yes. that's the case that has been filed. they have filed this against the defense department, the state department, and the justice department. they want to know everything. >> bill: everything about the drone program. >> absolutely. >> bill: that actually is working and terrorizing al

qaeda. >> it is working. it has been highly successful. something we need to continue for. this isn't something -- >> bill: what the aclu wants, wiehl, al qaeda to know how it goes down and who is ordering it so they can target those people. >> two drone programs. one is the military program out in the open. the other is the cia program. there is no way that the cia is going to be forced to turn over this information. >> bill: cia program will remain discreet. >> right. the military i think they may have to turn over some information. what they can do is go to the judge and say classified information, national security, and so the aclu will end up with a bunch of papers with everything redacted. >> bill: do you believe that. >> i do. i think they are not going to succeed in this and they should not succeed because it jeopardizes national security. >> bill: my solution is. >> uh-oh. >> bill: just have one of those drones take a left turn -- oh. no. we would give warning so everybody could get out of the building. >> exactly. >> bill: oprah winfrey, wiehl, there was a scandal in south

africa in one of the schools she funds, sexual abuse alleged to have occurred there ms. winfrey was outraged. took some responsibility. zeroed in on one of the head mistresses and said, what? >> hey, in my opinion this woman let me down i have no confidence in her. that is her opinion. she is protected by the first amendment to have that opinion. >> bill: she lives in philadelphia. how could she live in philadelphia and live in south africa. >> bill: not oprah, the head mistress? the suit has been filed in the united states. >> right. absolutely. this is exactly what oprah is saying, counter saying. she wasn't there. she didn't do anything. when she was told about the abuse by the parents, she didn't do anything to investigate. >> bill: oprah scorched this woman who oprah hired. >> yes. and fired her. >> bill: can't blame oprah because oprah is trying to do a good thing. i can't blame her woman gets scorched. living here or. >> she filed it here.

she was permissive. i don't know what her exact nationality is. she resides here in the u.s. >> bill: is she going to win this suit. >> $250,000 she wants. no. she will not prevail. oprah made private comments -- >> when it gets in front of a jury, it will be thrown out. >> bill: anna nicole smith we have heard quite enough about the late model. this is news. she married some guy who is like 98. of course, he died a few seconds after she showed up in a wedding dress. >> might have been a young spry 89. look at him. in the will he didn't leave anything to anna nicole and he was 98 and didn't know what he was doing. she wanted money and the court said what. >> the court ult -- ultimately said you got nothing. >> bill: this was the estate. >> right. said that the court didn't have the authority to go bankruptcy court to make that generous award and, therefore, they struck it down. >> bill: long opinion.

>> 15 years. everybody is dead. the son. anna nicole. >> bill: might not be accident. so no money has passed from the marshal family to the family of anna nicole smith. >> that's sort of the problem. >> bill: i explained why. look, you marry a 98-year-old guy or gal, chances are not going -- not going to get around to the will. you know what i'm talking about? okay. finally, this is a terrible case. 11-year-old in pennsylvania, wiehl, shoots his father's fiancee who is 8 months pregnant. kills her. with a shotgun that allegedly was given by the father to the son as a gift. in pennsylvania, that's against the law, so what everybody wants to know is if the father is going to be charged. the kid is charged with murder. >> the kid is potentially lag at life in prison. i absolutely think this father should be charged. he hasn't been charged. i don't know why. he gave the son the handgun. he was not.

>> bill: shotgun. >> shotgun, sorry. obviously not supervising him. >> bill: pennsylvania law is very clear. you have to be 18 to possess a weapon. >> if you are a minor and your parent is supervising you, it's unloaded or you are engaging -- >> ant and if you don't do anything illegal with it? >> you are allowed to hunt. certain exceptions. >> bill: why hasn't this guy been charged. >> the father should be charged. >> bill: he hasn't. why? >> the child was able to gain access to the weapon. >> bill: we have got to find out. >> it's pennsylvania. he could get seven years. >> bill: i want you ladies to make calls this week and find out from the prosecutor from the county where this took place why they haven't been charged. okay? all right. the ladies have been very busy tonight so i'm not going to scold them for not knowing that but on next tuesday's is it legal we will find out why this man has not been charged. john stossel on the worst places to live in the u.s.a. there is a list. and then, charles krauthammer on what could happen to you in the next year because of obama care. those reports after these

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>> bill: thanks for staying with us. i'm bill o'reilly in the stossel matter segment tonight, forbes magazine ranked the worst places to live in america. here are the top three. memphis, tennessee, stockton, california. and cleveland, ohio. now, that's according to forbes, ladies and gentlemen. not according to me. i like all of those places. here now with his assessment, fox business anchor john stossel. let's take memphis, tennessee first, home of the blues, great ribs. great hotel peabody. what's not to like? >> i agree. all of these places have something about them not to like. forbes picked memphis because of high crime and less opportunity. lots of corruption. 80 public officials have been accused or convicted of corruption. >> bill: sounds like atlantic city. >> sounds worst than atlantic

city. >> bill: when you say lack of opportunity, what does that mean? >> well, most -- all three of these cities have something in common. they have too much government. they have government planning life and that means there is less opportunity in the private sector. >> bill: when we have too much government the upside is you have more corrupt guys getting arrested. we will load them up and have more bad guys. all right. so memphis is victimized by corruption. >> and crime. >> bill: and crime. and they have a big government that stifles opportunity, would you say? >> i would. as do stock don and cleveland. >> bill: stock don is sister city to san francisco, the capital of california. it's kind of a casual city. i have been there a couple of times. it's not formal. >> it has good weather. >> bill: what's the problem here. >> the problem again is the ignorant and arrogant city fathers who say we know best. we can plan it for you. the forbes interviewed the mayor who said oh, we're turning things around. we build a downtown arena, a

ballpark, an arena, a downtown events center. >> bill: how can they have a marina when they are inland and have no ocean. >> they are not entirely inland. >> bill: yes they are. look at the map. is it on a river or something? it is inland, stossel. >> they do have a marina. >> bill: they have a marina. all right. look. there it is right there. it's on some kind of canal. >> it lost $700,000. >> bill: the marina lost. >> right. >> bill: why would you have a boat in stockton when you can't go nowhere? there is no ocean there. >> even if they were on the ocean -- >> bill: do they have pollution? >> mainly the big government was the complaint. high unemployment. >> bill: people running the show are stupid. >> and high unemployment. arrogant and stupid. >> bill: arrogant and stupid. not a good combo. cleveland, drew carey is a big cleveland booster. they have the rock and roll hall of fame. the indians, the browns. they have lebron james.

you are telling me lebron james, the best basketball player in the country lives in the worst city? is that you are telling me. >> according to forbes. you do end on the one good team they have. >> bill: cavaliers are excellent. >> probably first place at the moment. >> bill: what's wrong with cleveland? >> well, the weather unlike stockton. the main thing, again, too much government. >> bill: in cleveland? >> they own golf courses. they own a supermarket. like most government projects it closes sometimes at 4:00. they manage to lose money on these things. but they still say oh, yes, we must manage them. >> bill: all right. so cleveland deeply in debt, i would assume, with all of this mismanagement. >> expand more. they are going to build a big convention center for doctors. they do have the cleveland clinic. >> bill: that's a good deal. cleveland clinic one of the best medical facilities in the country. >> people go to where the weather is good. >> bill: you can't blame the city for the weather. look at chicago, great city, bad weather. boston, come on. you can't blame the city for the

weather. >> you can rank them for that. and you can blame the politicians for saying we are going to raise taxes to build our wonderful projects and that's going to make things better. the cities that prosper like houston are the cities that have fewer rules and lower taxes. >> bill: remember houston used to be the crime capital. they cleaned that place up pretty well. >> cleveland has 22 zoning categories. houston has none. >> bill: 22 zoning categories? very hard. >> in cleveland, to start a business, a politician bragged we could get you in there in just 18 months. in houston, one day. >> bill: one day? the problem with no zoning you can have no tell motel next to you. >> you could. that rarely happens. it's not an ugly city, houston. >> bill: no, i didn't say it was ugly. who said it was ugly. >> lots of people. no zoning. the city planner says it will be ugly. >> bill: we have a lot of houstonians watching the factor. in a moment, charles krauthammer

will layton the government, too on what bad things could happen to us in the next year because of obama care. then, we need your help, ladies and gentleman to catch a hit and run driver in atlanta. look at that the woman just sped away. there is a woman driving that car. car. upcoming. there aren't manof us who use a cellphone just to make phone calls. but when at&t or verizon offer you an unlimited plan for $69.99,

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>> bill: back ever the book segment tonight, as we reported there are good things and bad things about obama care. according to the polls, measures have decided that the bad outweighs the good. so, what will happen in the next 12 months vis-a-vis obama care? joining us from washington fox news political analyst charles krauthammer. so, you have been studdying this bill, this law now, not a bill any longer. and in the next 12 months all of us are going to have to deal with it in some way. what are the big negatives? >> well, i propose to stay out

of the weeds here and to do the big picture. the big picture i think is within 12 months we're going to have a raising national debate on something no one has talked about and that is a national sales tax. that's going to be the big result of the signing of the bill we saw today. >> bill: but, let me stop you there. but if poorman says that the bill is funded by cuts in medicare and by taxes raised on the rich, capital gains, this and that, why would we need a value added tax on anything? >> because you know and i know and the president knows, although he doesn't say it, that these numbers that came out of the cbo are based on wildly phony assumptions. the medicare stuff is counted twice. the benefits kick in after the taxation the actual cost of this is not under a trillion, it's 2.5 trillion. he knows it, we know it. and we will see it all spelled out. >> bill: how do you know that he knows it?

>> because he is an intelligent man. and because in the bret baier -- i will tell you why. in the bret baier interview he asked him three times about the double counting of the medicare cuts. >> bill: right. >> he had no answer. he danced. he tried. he wiggled. he said well, some of the money is going to be spent on the doughnut hole, that's the prescription drugs. he knows very well that you cannot spend the half a trillion on cuts in medicare, spend it on the new entitlement and at the same time store it away to extend the life of medicare. he knows it, you know it, i know he it. >> bill: okay. so if he knows it and still purports that his formula that the c.b.o. seemingly backed up is going to pay for it, is he lying? >> i think he is being -- let's be generous. he is being disingenuous. he is an intelligent man. he knows. he knew from the beginning that the reforms he has introduced, which he wants to do for reasons that are noble, to eninsure the

uninsured are going to cost a fortune. they are not going to be honest and open about the cost because that would have killed it. however, the president has established a commission to reduce the deficit. we now have $8 trillion in debt. cbo has said that even without health care we're going to add another 9 trillion in a decade. you add in health care it's another 2.5. he knows that if you don't do anything about it we're going over a cliff. so he has appointed a commission. it reports after the election. remember, after the election. and i predict that the major recommendation is going to be a national sales tax. there is no other way to produce the revenue they are going to need. it's a river of rev. the europeans have it. we are going to have it. >> bill: we have 90 seconds. you also have another direct hit on the american people. what is that? >> well, it's not so much a hit. but it's going to be a way in the change of life. people do not understand that the insurance companies are not

going to be the predators of the for because they are going to become the lap dogs, the agents, the extension of the federal government. under the rules written into this new legislation, they are going to be the collectors of national health insurance. the reason that all those left-wing house members that said we won't support that unless you have a public option, why they all caved in is because the administration finally explained to them, got it through their thick heads that you don't need a public option. the insurance companies are going to become utilities. they are the public option. the rules that they are going to be administering will all come from the federal government. they are going to collect the money. they are going to collect the premiums. and the government in washington will control how they insure, who they insure, and how much it will cost. >> bill: all right. very interesting, charles. as always, we appreciate your point of view. pinheads and patriots on deck. a vicious hit and run driver

almost kills a woman in atlanta. we will try to track her down and catch this woman. p and p coming

bill: time for pinheads and patriots. our auction to benefit military charities operation shoe box and. steven abrams cares miller's charity good start. five autograph covers of my new book pinheads and pate countries which will be out next september. only going to auction five. today's winner is al from maryland who bid $3500 i will match that. he's a patriot and his family has how won three of our auctions very impressive. we appreciate it. the bidding for tonight's cover is underway right now on billo'reilly.com. a 60-year-old woman crossing the street a woman in a black s, v ran her down and sped away.

police camera captured that. the officer went to help the woman who was carol floyd. she is going to recover. the hit-and-run driver is still at large. if you know anything about it call the police in atlanta. not only a pinhead but a criminal. there's a new column posted on bill o'reilly.com check that out if you buy a copy of bold fresh we'll send you two nifty tote bags free that's a great deal. the mail. ray: bill, have you stated whether you believe obama care is unconstitutional? here's what i said last summer. the government saying you have to buy health insurance. i say that's unconstitutional, the federal government doesn't have the power to force an american to buy mig. last august ladies -- to buy anything. last august ladies and gentlemen. brit hume says driving is a privilege not a right. you must pass a test to drive

and the state has a right to regulate the task and other standards for public safety reasons. with obama care the feds are saying they have a right to force you to buy health insurance. where is the public safety issue. john: my 19-year-old daughter has diabetes so obama care helps her by keeping her on my insurance until age 26. there are good things about that bill. tim: if obama care is so great why did it take so many bribes to convince politicians to vote for it? darlene: i'm disappointed you took the word of a politician over an ordinary citizen. i didn't take anybody's word no person has been accused. i do not believe congressmen lied, i don't believe that, about the taunting. i think something happened. matthew: bill the cover of our upcoming book is snazzy who is the pinhead you or the president? you have to buy the book to

find out. out next september. sean: mr. o'reilly my mom is a patriot because she suggested i do my book report on bold fresh, i got an "a" excellent and way to go thanking your mother. talking points memo posted is a while one this evening if you came in late. e-mail us with pithy comments from anywhere in the world. name a town if you wish to opine. the word of the day please when writing the factor do not be contumacious. that's from david in hawaii. look it up ladies and gentlemen that is it for us today. a lot of action on the website. i am bill o'reilly hope to see you begin next time. the spin stops right here. because we are looking out for

you. ♪ ♪ >> good wednesday morning. march 24, 2010. thank you for sharing your time with us today. let me tell you what's happening. america waking up with a new law on the books. the president's $1 trillion overhaul of the health care system. >> today, after over a year of debate, today, after all the votes have been tallied, health insurance reform becomes law in the united states of america. >> but is the fight really over for republicans and the voters? we'll break it down for you. >> and then in that same room, there's vice president. some call it the curse of joe biden! >> yeah, he's the vic