clogsing down shop. thanks for joining us tonight. the o'reilly factor is next. good night from washington, d.c.. purposes. of course you don't. >> bill: "the o'reilly factor" is on. tonight: >> greed is good. greed works. >> bill: wall street under siege. president obama wants tough new laws to stop risky speculation. will those laws protect you or will they strangle capitalism? john stossel on that. >> we just get muhammad to appear in south park. are you nuts? if mohammed appears in south park we get bombed. >> the creators mock prophet muhammad and now death threats are showing up. >> a sketch of what muhammad could look like today. >> no, don't! >> one thick to post it on policy. it's another thing to use a kind of exterminationist elimination rhetoric they are using.

>> bill: also tonight the far left continues to brand the tea party as racist. there is a very specific reason why. a factor investigation on using the r-word as a weapon. 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. how to handle wall street thugs. that is the subject of this evening's talking points memo. president obama wants new laws to regulate speculation on wall street and impose investment standards on the banking and finance industries. the president is correct in dealing with the problem that has harmed most americans. there is no question the current recession was caused in part by greedy speculators who recklessly sold bad investments. and when those investments crashed, so did the u.s. economy. talking points believes president bush had no idea the financial industry was trafficking in bad mortgage paper, risky derivatives, he was

stunned when he found out. you could see it so obviously the country needs new laws that would constrain financial corruption so that wall street gangsters could not undermine the economy again. now, i know some of you do not trust the federal government and i am skeptical of the feds as well. but there is no other choice. washington is the only place that can regulate and supervise the u.s. financial system. here is what president obama said last night. >> i believe in the free financial market. i believe that it's essential that we have a strong financial market because that helps to boost dynamic economic growth. but a free market doesn't mean you should be free to do whatever you want. however you can get it without regard to consequences. there has to be some rules of the road. there has got to be some accountability. there has got to be some transparency. >> bill: now the problem is that many americans, including your humble correspondent are worried that the president may use a legitimate issue like controlling speculation to further expand the nanny state.

the fact that the government mortgage houses fannie mae and freddie mac are not included in the proposed new law is very telling. they hastened the collapse of the economy why isn't he regulating them? i will tell you why. the obama administration uses fannie and freddie to redistribute income to provide mortgages to often under-financed americans. so, we have what they call a conundrum. we need reform on wall street. we need strict oversight on gangsters who would abuse the financial system. but, that means more big government and that means more power for people like congressman barney frank who totally blew it with fannie and freddie. what a mess. and that's the memo. now for the top story tonight. reaction with us. fox business anchor john stossel who usually looks a scans at government intrusion. i think you are looking ascans right now. that is the ascans look. >> that's the ascans look at you. you are contradicting yourself they messed it up with fannie

and freddie so we have to give them more power? no. we have enough laws. we have laws against fraud. if you just let them fail, they can't be gangsters. they are only gangsters because government gives them our money. >> bill: okay. here is where you are making your tragic mistake. there aren't enough laws because they have outgunned the laws. and they say now, it's very complicated. i talked to karl rove about this a few days ago. and i said to him, look, isn't it true that the bush administration didn't watch these people on wall street enough? and then they ran wild with these derivatives. i don't understand. but, basically, it's -- there are no -- or there were no standards of behavior that you could invent paper. you could invent it. a broker could call you up and say hey, john, i get you 8% interest if you just buy this piece of paper which is a mortgage that was sold three times and we finally got it. and now it's worth% on paper. there has got to be rules against that kind of nonsense because it's a ponzi scheme. >> but we have rules against

ponzi schemes. >> bill: only on fraud. only on very general, general almost impossible to prove stuff. >> but there canner be enough rules to stop every bad idea. >> bill: that's true. >> who is going to make these rules? let's say hillary clinton is the regulator. >> bill: the new law says whatever it says. and it has to be specific. i want the fbi to -- >> -- we don't even know what they are going to invent next year. five new regulatory agencies that are going to make all -- let's say i'm the regulator. i'm the federal cop on the beat here. and the lobbyists are going to come to me and say you have got to make an exception for my credit. >> bill: you say no. >> they are giving me money and i need that money for my campaign. >> bill: john stossel, officer crumb ski do you know where that comes from. >> west side story. >> bill: you know what i'm talking about here. it is a shadow world where people can manipulate the

markets like the oil companies did. they rose the prices because speculators went in and bought the oil future and the oil companies know supply and demand said let's look what they are doing. let's raise the price for stossel and o'reilly. >> wrong. there is supply and demand. >> bill: not in that case. >> no amount of regulation is going to stop the ups and downs. and to say the government's job is to just fool investors into thinking we are protected and we don't have to diversify our accounts. >> bill: you would let the same thing happen? you would let bad mortgages float all over the place with doing -- >> -- there will always be bad things happen to. say there should be simple rules that everyone understands isn't the same as doing nothing. because when there is freedom to fail, you are protected. because the cheaters go out of business. no but, see, the cheaters take everybody down with them. if you have a morgan stanley or a goldman sachs under indictment now, and they go down, the whole economy goes down with them. that's exactly what happened. look, i'm going. >> the whole economy hasn't gone

down. >> bill: i'm going to call you john near row, fiddle while rome burns. >> morgan. >> bill: morgan didn't do anything. >> i don't know that goldman has. >> bill: under indictment now for what you said, fraud. it's got to be more specific than that. you have got to make the laws you can do this, you can't do that nobody thinks goldman is going to get convicted. everybody thinks they will walk. >> all the business goes to london or singapore. >> bill: there is a risk on that. >> don't get email on the iphone don't get the inventions. goldman directs money to the people they think will make the most. >> bill: produce good stuff. >> always come back to america because this is where the cash is anyway, we have a disagreement on this. i think we absolutely need some oversight. but i do agree with you that the feds have not -- do not have a good track record. but i put it in the fbi hands. they would be the ones that would enforce the law and the law would have to be very specific so even you, stossel, understand it i will never

understand it but you would understand and it explain it to me. john stossel, everybody, officer crumke. charges the obama administration is not fort hood eno sfx: car cg ♪ ♪ this is onstar. i've received a signal you've been in a crash. i'll contact emergency services.

>> bill: barack and a hard place segment tonight charges the obama administration is side tracking the investigation of the fort hood massacre. now issuing subpoenas, the senators saying their homeland security committee will have to investigate the fort hood atrocity because the administration is not doing enough. with us fox news analysts alan colmes and monica crowley. it is a civil action not a criminal action. i misspoke there. what's the inside story on this? what's really going on? >> the department of defense has been investigating major nidal

malik hassan since the fort hood shooting. that was five months ago. this is not exactly a who done it. >> bill: we know who did it. >> right. for the department of defense and the fbi to continue to use this continuing investigation excuse is really ludacris. that would hold water for at least a couple of weeks after the shootings but not five months. >> bill: the investigation should be finished? >> it should be finished. again, it's not a big mystery as to who pulled the trigger. >> bill: get into the why of it. why are they not bringing forth? it's basically a chain of command thing. why was this guy allowed to be there? why wasn't he cashiered before is that what's going on. >> the essential question is who knew what about major hasan and when? there were red flags about this guy all over the place. >> bill: why doesn't the bush administration want that out there? >> you mean the obama administration? >> bill: i'm sorry. >> just like the u.s. military and just like american culture shot through with political correctness, nobody wants to answer or deal with the obvious point here as to why this man

acted out and killed 13 americans. >> bill: is he a muslim. >> he was islamic jihadist. >> bill: they didn't want to mess with a muslim. >> right. and through the military as well. there is a certain code of political correctness within the military where higher ups didn't want to identify islamic jihad or islamic radicalism for this guy because they were afraid for their own careers. if you can't identify the source of the problem how can you deal with it. >> bill: are you buying this. >> this is about joe lieberman who begged to be back on this committee. i'm going to vote with democrats. once again mccain supporter who calls himself democrat going after the obama administration. they have offered the pentagon under robert georgia's who is not exactly a left wing liberal democrat has offered to make available to the committee other people in the chain of command who would be able to discuss this and give information and the committee, headed by lieberman, the ranking member being susan collins saying no, we are north going to do that there was an attempt to compromise.

>> bill: you think it's a grandstand play. >> grandstand play by lieberman going against the administration. not willing to compromise with the pentagon who offered -- >> bill: obviously their issue of subpoenas becomes on the factor. what about monica's point going on for five months. it's not exactly a agatha christie mystery here. >> what lieberman wants to do is investigate with an investigation. brill. >> bill: kroncke, colmes, gee, i hate saying those words. what lieberman wants is an update on where they are, where the investigation is and he can't get it. >> that's not true. they have been willing to give an update and provide other people. >> bill: you tell the millions of people watching the factor right now where the investigation is, colmes. >> the investigation is, obviously, in play. it's. >> bill: oh, it's in play? whoa, wait a minute. you said they are going to give you an upsecond. >> o'reilly, wait a second. this a tempt on the part of lieberman to interfere with an investigation. >> bill: you don't know where the investigation is i don't.

do you know? >> do we get a chance to know every step of the way where the investigation is? if it could compromise the prosecution? >> bill: this drives me crazy. i said lieberman doesn't know where the investigation is. and you said well the defense department put it out. i said okay tell us about it. you said it's in play. what are we 3rd grade? >> we are going to offer you other people chain of command who can give you answers. they said no, that's not good enough. >> bill: let's boil it down to us. you don't know where it is. i don't know where it is. do you know where the investigation is. >> i do not. >> bill: so there is a lot of brain power at this table right now. we don't know. >> but you are suggesting that's a bad thing that we don't know. >> bill: lieberman doesn't know and collins doesn't know. so there is five people in the country who doesn't know where the investigation is after five months. >> i'm saying that gates is saying it's too critical of a time to compromise the investigation. >> bill: we're compromising it now. >> why are you so cynical? >> bill: it doesn't make any sense columbo. it doesn't make any sense. that's why. [ laughter ] >> bill: let crowley get in. >> the pentagon says it's too

vulnerable. we can't give you that information right now. >> colmes is talking in a circle. >> no, i'm not talking in a circle. don't do that. >> first of all, personnel who have ache h. access to hasan's personnel filed have talked to the fbi deputy director and also talked to individuals on a gates appointed panel about. this it's not like the information isn't there to be gotten number one. number two, the public deserves a public airing about this. >> bill: sure. >> this is the united states military. paid major hasan's salary for goodness sake and he killed 13 americans. this gets back again to the political correctness problem we have in this country. in january the u.s. army put out a report on major hasan. 86 pages, bill. not once did they ever mention islamic terror. this is all about trying to stonewall the real reason why major hasan. >> bill: we have to leave it there. >> the military is politically correct. the u.s. military? >> yes, they are. >> bill: when you come back on, we know it's in play and we appreciate you telling everybody that. >> it's interfering with the prosecution. that's what they want to do.

>> bill: interfering. all right. directly ahead, using racism as a political tool, a very disturbing factor investigation. later, get ready for naked people in your neighborhood. new ruling says you can shed whatever you want on your own property. those reports after these messages. you've arrived at the biggest meeting since you opened your design firm... ... your presentation didn't. so here's your moment of truth. which 3g network do you trust to email the file, get it printed, and have it waiting upstairs ? when you want your 3g network to work, you want verizon. visit verizon to see how our smartphones can help put your business on the map, and buy one blackberry curve for $29.99 and get one free.

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>> bill: unresolved problem segment tonight, the far left continues to demonize the tea party as a racist outat thisfit. this has been going on for months as you know. the race deal is a political strategy that the democratic party needs because minority voters have to be with them and if they don't get them they are in big trouble with us now james, editorial page editor of the "wall street journal" web site. now, you wrote the article basically said, look, these are pretty tough charge now,

mr. torento. you are saying the democratic party has to have the minority votes and in order to keep them in the flock, they are willing to use the racist charge. you know that for sure? >> well, let's start with the first half of that, that they need the black vote. >> bill: everybody knows that. >> absolutely. if the black vote had split evenly between the two parties in 2008 barack obama would not have won. he would have gotten 48%. he was the most successful presidential democratic candidate since 1964. they are absolutely abjectively dependent on the black vote. now, how do they keep the black vote? it's not that they need black voters. they need 80 to 100% of the black vote. monolithic voting block. how do they keep blacks voting democratic. they have to keep alive the idea that america is a racist country and that the republicans are a racist party. >> bill: when you say they, does this stretch into the upper echelons of the party, the dnc, you know, people making those kinds of strategic decisions? they sit around a table and they

go we have got to throw this racist stuff arched and keep these black voters on our side. i find it hard to believe they would be that -- >> -- i don't think they sit around the table and say that. i think this is a part of the culture of the party. this has been going on for 45 years. it's just something that is understood. it's a. >> bill: unspoken. >> fact of life? >> i don't know if it's unspoken. it's not something they need to sit down and conspire about. i think it's something that they understand. it's in the air. >> bill: over the years, you submit, that the democratic party has used racism as a political tool to keep african-americans in the fold? that's what you are submitting. >> yes. absolutely. i think it's become more you urt that they do so now. because we have a black president of the united states. that's something that a lot of people said would never happen or wouldn't happen any time soon. it happened in 2008. and it's much harder to say that america is a racist country now that we have elected a black man president. so that means it's all the more

necessary to keep alive this idea that the republican party is a racist party. >> bill: now, is that what the tea party thing is all about? is that branding them as racist so we can dismiss them and then keep people from joining up? >> well, there are two elements to it. one is that left wingers in the media and democrats have been searching for a way to discredit the tea party. so we have had this whole series of accusations there, astroturf. fake grass roots. they are extremists, they are birthers, the latest one they are potential timothy mcveighs as bill clinton implied. the racist accusation is a part of that. it's also part of the effort to keep blacks from leaving the party. one of the arguments they make that the tea party is racist is that it is mostly white. there aren't a blot lot of blacks 1% and 5% which is much lower than the black percentage of the. part is blacks vote 80 to 90%

democrat: this is against the movement of the policies of a democratic president who happens to be the first black president blacks feel a racial pride which is wholesome and understandable emotion. >> bill: president obama has himself rejected all this racial stuff i think very smartly. he said i was black before the vote. all this racism, criticism of me is bogus. so he has not bought into this. >> he has largely stayed above the fray, i agree. >> bill: right. does he know the fray is happening? do you believe that rahm emanuel and the other powers behind the throne are saying, look, anybody who criticizes obama, we can go after them as a racist because that's been used particularly by the media when you criticize obama, you become suspect, maybe you are a racist. maybe you are doing this because he is black. >> well, i can't speak to what rahm owe manual and company say in private. but certainly this is the case. it seems to me that the fact that people are vigorously criticizing barack obama just like people vigorously

criticized every other president of the united states is evidence of how far america has come beyond its racist past. i mean barack obama is the president of the united states. he is out there getting criticized and that's the great american tradition. >> bill: all right. but you do feel that the racism label is being used as a political tool. >> absolutely. >> bill: by the democratic party. >> and has been for many years. >> bill: all right. thank you very much. i appreciate it plenty more ahead as the factor moves along this evening. program south park mocks the prophet muhammad prompting death threats. we will tell you what's going on there. is it legal investigating a muslim woman trying to become a foster mom but being denied because of her diet. we hope you stay tuned to those ♪ [ male announcer ] we call it the american renewal. because we believe in the strength of american businesses. ♪ ge capital understands what small businesses need to grow and create jobs. today, over 300,000 businesses rely on ge capital for the critical financing they need to help get our economy back on track.

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>> bill: personal story segment tonight, the for example south park is a controversial satirical show that often mocks religion. last week it went after the prophet muhammad. >> there is somebody i have always wanted to meet face to face. if you could get him to show up in your town. >> sure, who is it? we can get anybody for you.

>> muhammad. the prophet of the muslim faith. >> ooh. >> that's tricky. >> if muhammad appears in south park we get bombed. >> that's right. >> yeah. >> we don't know that. maybe enough time has passed that now it's okay to show muhammad. >> but even if it were safe now for muhammad to come, how would we ever find him? >> yeah, showing an image of him is completely off limits and censored so nobody has ever seen what muhammad looks like. i believe we can find muhammad. i have done a lot of research and i have completed a sketch of what muhammad could look like today. >> no, don't! is that okay to show? >> i don't know. i guess we'll see. >> muhammad, thanks again for doing this. >> you have done this town a huge favor, muhammad. >> bill: well, after that episode ran, the following quote appeared on a pro jihadi web site targeting the creators of

south park. we have to warn matt and trey, they are the creators that what they're doing is stupid and they will probably wind up like theo van gogh this is not a threat but a reality of what will likely happen to them. van gogh is a dutch citizen murdered for criticizing islam. with us now undercover special agent for the justice department in afghanistan and pakistan. so if the creators of south park were to call you and say what should we do here, what would you tell them. >> i think the best thing they need to do right now is nothing. the more attention they pay to this, the more attention it's going to get. if it does escalate, i think they are going to have to take precautions. this is serious. i think they knew what they were getting into. >> bill: they had to know. >> when they started it. interviews with them and they said they realized this was going to be pushing the envelope. but they do that all the time anyway. >> bill: you would not recommend that they get security now and

take precautions now? >> well, i think maybe it might be a good idea since their addresses were published at this particular web site. >> bill: their addresses were published on the web site. >> yes. >> bill: the web site, this is overseas web site is basically telling people who hurt these guys, i think. >> well, they are. >> bill: absolutely. >> absolute threat. they have a picture of van gogh there with the knife sticking out of the chest and head sliced off. that is definitely a threat. >> bill: now. there is no way that the united states companies can stop a web site like that from coming -- >> no. even if the web site was here, unless they make a direct threat to hurt someone, they really can't do anything. >> bill: i think they would be in trouble if they did that here. they could build a case with a guy in a knife in him. >> you could build a case. the fbi does monitor all these web sites overseas and domestically. we will keep an eye on this and see how far it goes. i don't think we have heard the last of it. >> bill: now, as far as security

is concerned, when you have a situation where there is a web site that is targeting someone. >> um-huh. >> bill: as you said, we can't stop the web site. it's there. it's out there. and they are printing the addresses and this and that. >> right. >> bill: to me, i would absolutely, particularly if i had a family, hire a bunch of people to protect me. >> well, and that's what people are doing. they have done it in the past. and it's been successful. but these two guys have this image that they are trying to maintain. and i don't know that that's what they want to do right now. >> bill: would you have advised them if you were on the network that they work for not to do this? >> no. they are going to do what they want to do. >> bill: was it a smart thing to do in light of the danish cartoonist and van gogh as we mentioned? you know, look, on one level you have to admire their courage. >> right. >> bill: all right. they are satirists, we have had some beefs with them before about some things. but they are courageous. there is no doubt that they are. and they do this. it's harmless to me.

i didn't see any offense. but if you are a hard core jihadist, any mention of muhammad in any kind of way, particularly poking fun at him is a capital offense. >> you are right. i don't think it was that bad. they have really pushed the envelope on other things as you are well aware of. this was very, very mild. >> bill: you wouldn't have advised them not to do it? see i would have advised them to not do it. somebody came to me and said i want to do a little satire on muhammad on the factor i would say i don't think so. because the risk is higher than the reward. >> it is. it would be to me. but it might not be for them. >> bill: it would make me a coward. and i hate to give into the intimidating forces of evil which is what the jihad is. >> that's what they said, too. they don't want to give into it. >> bill: but you have got to deal with reality. these people are killers. they will kill you. >> i don't know if they even took it as seriously as they are now. i don't think that they realized exactly what it was going to feel like. >> bill: the south park guys? you don't think they realized.

>> i think they realized there might be trouble. i don't think they realized it would be this much. >> bill: these guys are clued into the worldwide net and they know this stuff is floating. i don't know. they are pretty sophisticated guys. on the other hand you have to admire their courage. i don't know whether the risk reward is worth it. i hope they do have security. >> i think they should. >> bill: i think it will blow over. i kind of hesitated to do this story because i don't want to give this jihadist web site a lot of publicity. but i think it has to be done. the show did run last week. and we got to track it. thanks very much. we appreciate it? >> you are very welcome. >> bill: we come right back. is it legal with what your boss can do with your private text messages. are americans now allowed to verbally abuse the police? it looks like it. legal is next. i'm robert shapiro.

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give yourself the gift of ultimate comfort. and where better to find it than from stressless, the innovators of comfort. call now for a free catalog and dvd featuring our entire stressless line. >> bill: thanks for staying with us. i'm bill o'reilly. in the is it legal sec segment tonight, three controversial.

california police officer texting his wife and his mistress using a pager that belonged to the police department. well, the officer was investigated. no action was taken against him, other than the incident chronicled in his personnel file. but he decided to sue. saying the police department had no right to read his private correspondence. now the case has gone all the way up to the supremes. with us now analyst kimberly guilfoyle and lis wiehl who is also author of the new thriller "hand of fate." okay, wiehl, this guy is obviously trying to make a point. he is not in trouble. he didn't get fired or anything like that. >> right. >> bill: the supreme court, what are they balancing here? >> they are balancing his right to privacy and his right to be left alone, basically, with the pager device, fourth amendment. says, look, you can't unreasonably search and seizure and going through all of the paging messages and all of the emails that his employer had, he is saying that's a right --

violation of my privacy rights. >> bill: somebody took his blackberry or page, whatever it may be. >> right. >> bill: physically took it. >> they audited it. >> bill: they audited it which means they take it and they look and see what the officer has been doing it w. it. >> right. they download it all. >> bill: that's not unusual for businesses to do? >> no. and this is even more unusual in the sense that this is -- this is not just a private entity. it's the government. it's a police officer. >> bill: right. >> a member of the swat team. as a police officer, this is where i think the supreme court is going to go. police officers generally know that, look, their parges, their emails can be looked at because after they make the arrest, the prosecutor has to go back -- >> bill: he is saying, guilfoyle, there was no reasonable reason why they should do this, right? isn't that what -- he has a reasonable expectation of privacy and there was no reason. but as wiehl pointed out it was just an audit and they do audits all the time. >> they do that and they are well within their rights to do so. if you look at some the comments coming out from the judges in terms of the questioning, i believe that they are going to

rule against him. >> bill: so does wiehl. >> very narrowly. >> bill: basically from the tone of the questioning. what i don't get from this guy why does he want the world to know he is texting his mistress and his wife. >> he is estranged wife, his mistress and not to leave anybody out at the table another officer is he also interested in. >> because the honest answer is because of money. i mean, if he were to win at the supreme court level, let's just say -- i don't think he will. but if he were to win he would be able to go back and be able to sue the whole audit, the whole process and claim damages. >> bill: the police department in california. what department was this, by the way. >> ontario. >> bill: ontario. that's outside of los angeles. did they make it public what this guy was doing or did he make it public? >> i believe he made it public. >> bill: so he is the guy that is driving this train. >> exactly. >> bill: you think he wants to set up a lawsuit against. >> oh, of course. if he wishes. >> bill: anguish or something like that. >> he is going to make a lot of money. >> bill: one more question, guilfoyle, you have now

computers in almost every office in the united states of america. >> that's right. >> bill: where you have email capabilities. and, look, people are people. they get a coffee break they are going to email their friends and do whatever they want to do. >> right. >> bill: the employer, i understand, has a right to read anything, as long as they own the machine. >> that's correct. it's also in all the employee manuals. it's well settled case law. by the way, you can say hey, mr. employer of mine, you don't have this expectation of privacy. i give you -- i gave you your blackberry. i gave you your computer. you're on my time. this is my money that you are basically wasting by using it on your personal life. they are also going to make a more narrow ruling saying even more this officer is in trouble because he works for the government. >> bill: higher standard. >> right. >> bill: all right. interesting. >> don't put anything on your blackberry or email you don't want your employer to see. >> bill: well, many cases then it would be blank. [ laughter ] >> it would be blank, exactly. >> bill: all right. now we go to kansas. this is a fascinating case.

all right? i was raised if you mouth off to a police officer you are going to get arrested and in trouble. when he pulls you over, did you what you are told. if you give them a hard time, disorderly conduct, bing, bing, bing. in kansas, a guy after getting a traffic ticket, i understand, guilfoyle. gives the cop a finger. very aggressive gesture right in the's cop's face and that's fine. >> yeah. the cop did not like that. so he pulled him over for the second time. the guy said he was upset he is taking his kid to school. the kids go nuts. he gets angry. he flips him off. cop says something else. disorderly conduct. you are in trouble. they dismissed that saying this man has a first amendment right to verbally abuse, use explicittives. verbal or nonverbal. this is also again. >> bill: we have always had the right to verbally abuse the police. >> flip off cops. >> i am big into courtesy having -- >> bill: civility is being lost

in this country any way but when the police don't have the authority to stop somebody from berating them in obscene way that's verging on anarchy. >> as long as they're not inciting violence and chaos. >> bill: you are inciting chaos. >> you are not it's directed to that police officer. >> bill: it doesn't matter. if the police are surrounded by people or a woman and you are cursing at them, showing your lack of respect, that is inciting chaos. >> not in this case. he was just with his children. >> bill: what's with his children? isn't that nice? >> of course that's terrible. i'm not saying it's a good thing. >> $5,000 they have to pay this guy. >> bill: i think the statute any kind of -- well, i don't know. i didn't want to inhibit freedom of speech but i don't like that ruling. wiehl, the aclu is representing a muslim woman who wants to be a foster mom. they said no because you don't eat pork? >> absolutely. i have got the letter from them here. it's absolutely crazy. the aclu is right on this one. >> bill: where does she want to adopt? >> this was in maryland.

she is a 26-year-old woman who has five children in a five bedroom home. she went through a series of tests, screening tests to get the foster kid. she went through 50 hours of, you know, training. >> bill: the other children, are they foster children. >> no. they are her biological children. she herself was a foster child. that's her motivation. >> bill: she can't have it because she doesn't eat bacon. >> she won't eat pork. i have got the letter right here because of concerns raised by you that you prohibit pork products within your home. so what's next? no kosher jews can't adopt kids? >> i love a blt and all of that bacon egg and cheese as much as someone else. that doesn't mean she is not fit because she won't allow it in her home. she has demonstrated she has a loving home. >> bill: we assume the courts will overturn. this they should. and the aclu is supporting her. >> bill: i'm shocked. >> they are right on this. they are absolutely right on this one. >> they have gone to wiehl, you can tell every week.

it's insidious. >> bill: if you are a peta person and you don't eat meat. >> the only other rule she had was she didn't want boyfriends to be over there unsupervised she has a girl. >> she is not married though by the way either. >> she is living with a guy. they are common law marriage. >> bill: the muslim woman is living with a guy? >> yeah. >> bill: really? >> plot plot thickens. >> bill: charles krauthammer on whether the u.s.a. should use military action against iran. get ready for nudity in your neighborhood. we will tell you about a new ruling that makes this exposition possible.ñyyup>

>> bill: back of the book segment tonight. as we reported yesterday, defense department memo issued by secretary robert gates says the obama administration does not have a coherent strategy to keep iran from getting a nuclear weapon. that memo was leaked to the "new

york times," embarrassing the president. joining us from washington fox news political analyst charles krauthammer with the inside story. all right. so many of us, including you, for almost a year, maybe even longer, have said, look, the united states has got to have a plan b if the sanctions don't work. and the sanctions aren't going to work, i don't think. so, gates is basically at the end of his rope? do you think that's what this was? >> i think what gates is saying is we have got to get serious here. even if you are a believer in sanctions, the idea that sanctions or negotiations are going to do anything in the absence of a credible stick, a credible threat is nonsense. and this administration has sort of almost ostentatiously stayed away from a discussion of any kind of military attack. the implication is they are not even considering it. when you get the secretary of defense saying we do not have a plan and, remember, he is in charge of the military. what he is saying is we have to have a contingency.

we have to have something. obviously they have nothing right now. >> bill: they don't have it. but the bush administration didn't have it either. >> i think they are h. contingencies. and, in fact, there was a time when people really worried. i'm sure there were a lot of iranians who worried that if the bush administration were pushed, it might attack. now it didn't. but there was uncertainty. the problem is that the obama administration has left no uncertainty. they are not even interested in this. that's why you have got the gates memo. you have got to be interested. even if it's only a bluff. even if it's only a way to reinforce negotiations. >> bill: absolutely. now say you were president. president charles krauthammer. we have a big military expenditure in iraq and a big military expenditure in afghanistan. simply don't have the forces to invade on the ground. that would be horrible anyway. so what would you do? what kind of a military plan b would be realistic enough to get the iranians' attention? >> well, the one that would be obvious would be an air attack.

but it wouldn't be a one shot unone-day deal. it would be a series of attacks like a two-week campaign, the kind that we had in a much easier situation, of course, in serbia. but, if you unleash the u.s. air force carriers, you unleash our cruise missiles, and you unleash our capacities from the bases nearby, you can do a lot of damage. and you return, as we did in iraq, as we attacked in the early days of iraq. we can do a lot of damage. but the question the president has to ask himself and it's tough that you and i have no access to is what do we know? do we have enough intelligence? do we know where their stuff is hidden? they have spoken about a second uranium enrichment place. do they have others? and, also, how deeply buried and how hardened are the targets? because unless we know if we have access with our equipment, our bombs, they may be in

effective. i think they have got to make assessment on the current intelligence which appears to us, at least on the outside, rather weak. >> bill: if you do bomb, you are going to kill thousands of civilians and launch world war iii in my opinion that every muslim nation, jihadist. that's going to be all over the place. everything goes up. if you put a naval blockade in, it might be less intense. it is not a hard country to blockade. you could starve them out pretty fast by blocking the oil going in there. the refined oil going in. is that an option? the u.s. navy really hasn't been used very much in recent years. >> i would agree with you. you don't want to get to the attack. certainly not yet -- not now would be premature. i think we ought to try something short of that now, what i would suggest would be a real embargo of gasoline, which would absolutely halt the ability of the regime to govern it's own country. remember, this isn't a context of a country where last june we

saw a popular uprising, deep royaling discontent against the regime economically incompetent and oppressive. that combination could mean that if you had a real embargo of gasoline, real sanctions, you might be able to get regime change. now, that's the ultimate objective. sanctions are not going to effect the regime. it will not change its mind about acquiring nukes. >> bill: no, it won't. but if you do that you run up against china. >> it won't work. >> bill: you run up against china in particular. >> china is not going to run american blockade. >> bill: i hope not. >> i can assure you of that. >> bill: that's the way i would go, at least on contingency basis. charles, thanks as always. up next on pinheads and patriots tonight. nudity in your neighborhood. wait until you hear this. right back with p andndndndndnd wow! that's a low price! i'm sorry. did you say something about a low price? wow! that's a low price! i know!

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49-year-old mother finished in five hours and 14 minutes and used her celebrity to raise money for a worthy cause. she is a patriot. on the pinhead front say hello to nudity in your neighborhood. boulder, colorado woman likes to garden with no clothes. you can finish the joke here. no joke for people who don't want to see that the housing authority says she can garden any way she wants. 52-year-old catherine peers will get an all over tan but still a pinhead. bill o'reilly.com new item in time for mother's and father's day super sized american patriot mat. conveying a clear message about your household this is a fantastic item. all proceeds from bill o'reilly.com go to charity. the mail. dr. anderson: you blame both political parties for the low approval

rating of congress. better ideas will win next november doctor, republicans need to come up with solutions for complicated problems and sell those ideas. diane: i was upset 10 years ago when no one seemed to understand the implications of open borders. i don't have faith in senator mccain's turn around. steve: you did not hold mccain responsible for his soft approach over the border over the past nine years. i hammered the senator nine years ago on the issue and i was right to gloat now would get us nowhere. you make the call on whether it is too late. sharon: goldberg's reply to stewart's attack on fox news explains why fox news is the best on tv. why did bernie stay at cbs news for 28 years if he found the liberal attitude so distasteful. i think it was evolution process.

nora: takes a real man to wear that tie that pink. it was fuchsia, nora. skrer roam: i'm a recent premium member and ordered the giant mat i'm pleased. thanks for helping those charities, we appreciate it. there is the talking points memo if you come in late. e-mail us with pithy comments from anywhere in the world. o'reilly at foxnews.com. name a town if you wish to opine. here is the word of the day when writing the factor do not be a visigoth. i didn't know, i'll give you a hint they were good at sacking they sacked a lot not potato sacks, just sacks. don't be one. i