years ago today. and that's "the fox report" for monday, october 11th, 2010. i'm jon scott in for shepard smith. thanks for having us in tonight. the factor next. >> bill: "the o'reilly factor" son. tonight. >> karl rove, ed gillespie. they are bush cronies. the u.s. chamber of commerce, they are shields for big business. they are stealing our democracy. >> bill: the democratic national committee puts out an ad accusing the chamber of commerce of corrupting the upcoming election. are there facts to back that charge up? we'll have a factor investigation. >> i don't want them to be brain brain washed into thinking that homosexuality is an equally valid or successful option. it isn't. >> bill: new york gubernatorial candidate paladino marginalizes homosexuals. is that a smart thing? juan and mary katharine will analyze. >> is there anything you won't do to push your butt ugly mug in front of a camera?

i have to think about that but i guess my answer would be no. >> and "saturday night live" goes after gloria allred a committed liberal. what is going on? >> please pay attention to me. >> bill: caution, you are about to enter the no spin zone. the factor begins right now. >> hi, i'm bill o'reilly. thanks for watching us tonight. creating a scandal. that is the subject of this evening's talking points memo with just three weeks left before the midterm election, democrats are in trouble, all the polls say that in fact, the "new york times" article today submits the republicans could make big gains in governor's races all across the country. so there is no question that the obama administration and the democratic party must act fast in order to prevent disaster. so, the democratic national committee has put together a tv ad accusing the u.s. chamber of commerce and republican operatives of being corrupt.

>> karl rove, ed gillespie, they're bush cronies. the u.s. chamber of commerce. they are shields for big business. and they are stealing our democracy. spending millions from secret donors to elect republicans to do their bidding in congress. it appears they even have taken secret foreign money to influence our elections. it's incredible. republicans benefiting from secret foreign money. tell the bush crowd and the chamber of commerce stop stealing our democracy. >> bill: wow. now, if foreigners are donating money to the u.s. chamber of commerce, which is pro-business. and that organization is using the money to buy anti-democrat ads. that would be scandal. but right now there is simply no evidence of that. >> if the only charge three week into the election that the democrats can make is that somehow this mayor may not -- may or may not be foreign money coming into the campaign is, that the best you can do? >> no. i think that we have a more

fundamental concern, bob, which is that the republican party and these interest groups who are now their -- the major force in some of these campaigns, want to turn the clock back to the very same policies that got us into this mess in the first place. >> bill: so what mr. axelrod is apparently saying is he doesn't like what president bush did in office and the chamber of commerce may have done something wrong, might have, could be, perhaps. some might say desperation has set. in the recent cnn poll asking persons who they prefer as president bush or obama. 4% answered obama. 45 percent said bush. that's down 23 points in a year for mr. obama. 23. so criticizing president bush might now be obsolete. nevertheless, the democrats have to do something. people like george soros, al franken and other far left radicals aren't going to give up. we can expect in the next three weeks a bunch of scandal charges to try to divert attention away

from the state of the union. that tactic rarely works but it looks like the democrats are committed to it. and that's the memo. now for the top story tonight, reaction. joining us from washington penny lee democratic strategist and former political advisor to senator harry reid. so you were at the white house recently. and you know what's going on behind the scenes on this thing is it a wise move? >> i think it is. i mean, what the white house is trying to say is, look, this thing could be all over if we just knew who was giving these contributions because right now what we are seeing more money in the mid terms being spent than ever before. millions and millions are being spent by special interest groups that have absolutely no requirement to be disclosed. so they are simply saying look, if you are going to go out there with an organization such as, you know, citizens for a better environment when, in fact, it's being paid for by bp or exxon or mobile, you should disclose it so people have a fair understanding of who they are getting their message from. >> bill: i don't have any

objection to full disclosure although as you pointed out there is no requirement so it's not going to happen on both sides. they are both going to hide it but, it went far and beyond that the u.s. chamber of commerce, a conservative group in the sense that it's pro business. they don't like president obama. they feel that he is antibusiness. and even in that commercial it said prisoners to big business. a lot of americans are going, look, if big business doesn't get on board this economy is never going to come back. that's an ideological argument. what mr. axelrod tried to sell to bob schieffer, who obviously wasn't buying it, and that's interesting because mr. schieffer with all due respect is a liberal man. the u.s. chamber of commerce violating the law. and there is just simply no backup for that you think this is going to gain traction? >> remember the audience in which they're speaking to. that is the base voters and independents. a lot of them have a fear of these big corporations, you know, big oil, big pharma, big everybody. big telephone coming in and the middle class feel like they have been squeezed.

they have given out bailouts to everybody else and they haven't been taken care of. what the president is doing is trying to speak to that middle class voter so say, look, the republicans might have said they have reformed and they have seen the light and they are changing their ways but, look, one of their biggest backers is sitting there saying we don't have to disclose what we're doing. i think that's what they are trying to highlight. they are speaking to the base and speaking to individuals as they are making this closing argument before the election. >> bill: it's not a populist issue and they need the folks, they being the democrats to rally to their cause. this is a bit, i don't know, oblique, a little -- >> they are doing it -- they are trying to reinforce their narrative that they have been saying all along that, look, people in the past have drove the car in the ditch. we have heard all of that. they are saying, look, don't give them back the keys. they are saying all of that here is why. here is one more proof positive. >> bill: there isn't proof positive. there is speculation. >> we don't know.

>> bill: you can't say it's proof positive if you don't know. >> i used to run a 527 and i was required to disclose where this corporation money went to. and you are not. >> bill: you are not required anymore so george soros can sneak it in on the left. >> on 527s, you are required. >> i know but there is a lot of 527s you are not. so let's not give everybody a headache. how deeply was president obama in this strategy of trying to be basically create scandal attached to the republican party and the u.s. chamber of commerce which i don't believe is going to go anywhere by the way. how deeply is he involved in this. >> i can't speak for the president himself. i do know that this is something that many, many people inside the white house are concerned about for our democracy going forward. >> bill: he is the second most powerful guy. he would have to know about it all right, now. i want to use my remaining two minutes with you on harry reid. i believe that he is going to lose, that the senator is going to lose in nevada. that the polling in nevada is so

anti-obama approval rating and this and that. they are not voting for sharron angle so much as they are voting against president obama in nevada and, of course, harry reid is tied into the president. so that's why i think he is going to lose. where am i going wrong? >> you are going wrong in the simple fact that there is more registered voters on the democratic side than there are on the republican side. you will see a ground game like you have never seen before. >> bill: we saw that in massachusetts. >> we are putting that together. i mean, but, i would say that the one in nevada knowing a lot of players that are there personally are one of the best at their game. and i think they aren't being caught off by surprise like they were in massachusetts. had you martha coakley in mass has who basically went on vacation instead of campaigning. >> bill: reid is campaigning hard. >> harry is focusing hard. >> bill: last week the polls showed that angle widened her lead. >> can i also point to the validity of that poll too weighted to republicans than not. i think all of us will be seeing

polls fluctuate. >> bill: are you willing to bet on this race. >> absolutely. harry reid is going to be returning back as the majority leader of the senate. >> bill: i have a lot of bets going out but that's all right. how about a thousand dollars to doctors without borders? >> how about -- i love doctors without borders. absolutely. you are on. okay. >> bill: okay. i'm going to have to get a second job. i have got bets all over the place. >> i am looking forward to collecting all these checks for charities. >> bill: you are on the record. i'm not rooting against anybody. my analysis. >> doctors without borders is going to win regardless so harry reid is coming back. >> bill: that is the good news. next on the run down, brit hume will comment on the scandal. pal -- paladino marginalizes homosexuals. right back.

>> bill: continuing now with our lead story, the dnc putting out

a ad accuses the chambers of commerce using foreign money to buy ads. evidence is scant as we just sawvment joining us from washington senior political analyst brit hume. i think this is a loser. i don't think this is a populist issue and i don't think it's going anywhere, am i wrong. >> there was a brief period of time in 2008 when the fact that the obama campaign had some hundreds of millions of dollars in donations that were basically anonymous. there was an attempt to make a fuss about that and it didn't go anywhere. i don't think this will go anywhere either with the possible exception that i think the democrats are down now to simply trying to turn out their base. they have got an ad that's got ed gillespie and karl rove and bush's name in it and the chamber of commerce who they call a shrill for big business. this is all stuff that i don't think appeals to independence not in this climate not in this business climate. >> why would you send out david axelrod, you know, second most powerful guy in the white house

right now and send him out to make a big deal out of this and then schieffer, our pal, our pal, we slapped schieffer around a few weeks ago. >> i didn't. >> bill: you were very diplomatic, human, -- hume, i have to tell you. schieffer doesn't like you because you were on the show. anyway, schieffer actually did a very tough job of going after axelrod on this whole deal saying look, if this is all you have got, man, i mean, come on. and it was -- >> axelrod really had no answer. >> bill: he had no answer. >> even the "new york times" has said that there is no evidence for this. the critic for "the baltimore sun" said this is the lowest tactic yet in the midterm so far and likened it to mcartieism. this isn't playing well in the mainstream media you have got democrats trying to defend seats in places where they never thought they would have to. all over new england you have got established democratic politicians in trouble. in california, very well known

long established democratic incumbents are in trouble. i think this is simply an effort to go to turn to voters in the blue states where the democrats are a preponderance in saying folks, look at this. you have got to get out and vote to try to save some of these -- >> bill: i don't think it's the right issue. >> i'm not saying it is. this is not an effort to appeal to independent. >> bill: again, when you put in a tv commercial, slaves to big business. everybody is going to go yeah, well, we want slaves to big business now because we want people to get hired. you see, so let's be slaves for a year and get the thick back on track. >> i think that's right. and no republican or independent i think is going to react very favorablably to this but there are people in the democratic base who will. >> bill: think about it, hume, we have jobs. we are okay. when you sit out there and been unemployed for six months and there is a commercial like slaves to big business. come on, we had -- who is going to hire me?

who? >> particularly when you have an duration that -- administration which antibusiness. climate is said to be fearful and fearful to invest. demonizing business is economic term. >> bill: that's why you want the chamber of commerce anyway they are pro-business. joe is running ahead of the governor manchin. manchin throws president obama under the bus roll the tape. >> i'm joe manchin, i approve this ad because i will always defend west virginia. as your senator i will protect our second amendment rights. that's why the nra endorsed me. i will take on washington and this administration to get the federal government off of our backs and out of our pockets. i will cut federal spending and i will repeal the bad parts of obama care. i sued e.p.a. and i will take dead aim at the cap and trade bill. because it's bad for west virginia. >> bill: he murdered the cap and

trade bill. i can't believe it now that's a democrat. that's a democratic guy shooting at the cap and trade bill. >> well, consider what the situation he is in. here is a democratic governor who is really very popular indeed. he has, bill, a 66% approval rate. and, yet, he finds himself trailing republican businessman who has run for statewide office several times reasonably well known but was not a year ago, i thought, or anyone would have thought to be a great threat to him. and, yet, here he is. and so manchin, i think, sees no alternative but to run as far and as fast away from the obama agenda as he can he has a little problem in that he had spoken favorably about the health care bill in the past. he said he would repeal the worst parts of it is he not joining the republican call to repeal the whole thing. >> >> bill: he didn't shoot the whole bill. >> good shot, right? >> bill: i wouldn't want to tee him off. he has got the scope. >> you don't often see a

democratic candidate walk into an ad armed. >> bill: i had a line i'm not going to do it. it's not a partisan deal. >> it's a sign the times. >> bill: directly ahead, a strong statement about gays from carl paladino is creating controversy. we will play it for with you a viewer warning: bernie goldberg going after liberals is that really happening? upcoming. ñ÷

>> bill: personal story segment tonight, as you may know conservative bomb thrower karl l paladino is running for governor of new york state. yesterday he said this about homosexuals. >> don't misquote me as wanting to hurt homosexual people in any way that would be a dastardly

lie. my approach is live and let live. i just think my children and your children will be much better off and much more successful getting married and raising a family. and i don't want them to be brain washed into thinking that homosexuality is an equally valid or successful option. it isn't. >> bill: joining us now from washington to react fox news analyst mary katharine ham and juan williams. juan, this is really no surprise from a conservative guy who really has to rally his base. it's almost like we're talking about with the chamber of commerce. they are trying to rally the left wing base. i guess paladino is trying to rally conservatives to his cause. >> yeah. but, bill, this doesn't work. i mean, just as a matter of political strategy, i just don't think it works. you know, remember a couple weeks ago he said he was going to take out this reporter who he said he had sent the "new york post" photographer to take a picture of his -- the child he had had out of wedlock and why are they bothering his child? a lot of people might say hey, he is a tough guy. is he not going to put up with that foolishness.

okay. this looks like pure bigotry. you talked about him as a conservative appealing to conservative voters. right now i think you are at a point when the pew poll indicates for the first time for the first time in 15 years, more than half of the american people have no objection to gay marriage in the country. >> bill: no doubt that's getting traction but here's the deal. paladino knows, he has no shot at all with any liberal people at all. okay? >> correct. >> not a gay person in new york probably going to vote for karl pal deep know. he has got nothing to lose, mary katharine, when he goes out and he says because there are some conservative people who are angry about the schools and the media trying to, you know, put any word you want in. but let's just use promoting the cause of homosexuals. i think that's fair. the media and education is doing

that a lot of conservatives are mad about that look, we don't want that alternative lifestyle promoted to our children in any way, shape, or form. that's what paladino is trying to get across here i think i would not have done it, that being said. i would not have done it but i wouldn't have done the u.s. chamber of commerce either. go ahead, mary katharine. >> i think there is a wave communicating your faith and concern for children and for educational issues or whatever it is without disrespecting other people's lifestyles. i think that's what people are concerned about and that's what's becoming the lightning rod and actually taking all of the oxygen out of this race. this is all they are going to be talking about for a couple of days that coincides about a couple of terrible stories bullying gay teens with terrible results and deaths involved. this that is not what carl paladino needs to be talking about. >> bill: that is an excellent point. let me clarify it to our viewers. in new york city there was a terrible crime in the bronx three men who, a gang thought were gay, were brutalized.

and it was awful. make you sick to your stomach. and then paladino one day after these guys were arrested goes out and says that, totally ridiculous. so, this hurt him, no doubt about it. there is no doubt about it that this hurt him. >> you also have the story about the kid who was, you know, taped in his room and then jumped off the george washington room. it's a hot issue right now. but, bill, remember, even the tea party people don't make a lot out of these social wedge issues gay rights. it's not working in this cycle. that's not what they are about. >> in new york you are in the business of wooing independents. and in new york independents are not as conservative as they are in other states. just give a wrote peach about -- he can be conservative without drawing all this attention and becoming such a lightning rod himself and move on to talking about jobs. >> bill: -- only paladino has would be the economic card.

because new york is in such desperate economic shape. desperate! it may go bankrupt just like california. taxation is through the roof. everywhere. highest taxed state in the union it buys from new jersey and christie is getting him down in new jersey so we'll win here in new york. that's the only chance paladino would have. look, elect cuomo he will rubber stamp all the spending same old same old. i will ocome in with a meat cleaver and make your life better because i will cut all the taxes and garbage in albany. instead he goes on the homosexuals and who cares? >> here is where i would go with this. if i was advising him, as crazy as that may sound, you know what i think the assembly in upstate new york and capital they are a bunch of clowns and embarrassment to the state. you have got to crusade where you say i'm going to clean up this mess and throw out the bums. cuomo and his dad are all part of the establishment. that's what he should be doing. as mary katharine said earlier

he needs moderates, independents, even some of the liberal -- conservative democrats to come across. >> that's right. and i hate to break it to everybody, but the gays aren't causing the high taxes. they are not doing it all right? >> i don't think there is a lot of rhyme and reason to the strategy here. i think paladino is saying what he thought and did he it in front of an audience that would be receptive and this blew up in his face. you could have predicted it, i think. >> bill: plenty more ahead as the factor moves along this evening. once again, miley cyrus 17 years old causing controversy. another viewer warning. we have to show you a tape that may upset people. is the left-wing media turning against liberals like gloria allred. bernie goldberg will analyze that we hope you stay tuned to those reports. ♪

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we have one more surprise for you. fifteen-thousand nine-hundred neunzig dollar? [ sobbing ] [ camera shutters clicking ] ♪ whoo-hoo, yeah ♪ whoo-hoo, yeah bill as you may know i asked homeland security chief janet napolitano the other week how handle nikki diaz meg whitman. ms. napolitano said she wasn't sure but would get back to us. the lawyer representing diaz is gloria allred who took some shots on "saturday night live." >> >> this week many of have you written or emailed to congratulate me on my recent press conference with nikki diaz. while working for the whitmans

nicky suffered continuous emotional abuse and forced to perform a series of horrendous and degrading tasks from sorting and washing laundry to vacuuming carpets and testing venetian blinds. all under the threat that if she did not perform these sickening acts, they would not pay her. >> bill: with us now to react conservative pundit ann coulter. before we get to that do you want to stick one paladino do you. >> i think someone on this network should this great warrior to cut your tax new yorkers. he is speaking -- you go around giving speeches when you are in political. go cubs. they don't want to hear about the fiscal issues. they want to hear about the moral issues. the speech was like a committee written speech. he dropped the part where they said homosexuality is a sin. that was written for him. that was reported by the "new york post" owned by your parent company. i think you have to believe that.

>> bill: let's cut through all of that this. did that help him. >> yeah, i think so. your show is very popular. >> i think it's offensive to merge gays with gay left wing activists. >> bill: if that's all he did, that would be fine. >> that's all he did. he dropped the part. >> bill: the bottom line on this is, i think everybody in the world except you agree this isn't going to help the guy. he needs independents to come over. >> your show would not be as popular as it is if you didn't denounce crazy left wing activists. >> bill: i'm very specific. >> so did he. should not be forcing homosexuality on kindergartners. he dropped the leviticus part. >> bill: i want everyone to know that we're fair and balanced and ann culture thinks he was helped by that exposition. everyone else in the world thinks he wasn't. gloria allred.

>> excellent sketch. >> bill: what is interesting about this is you have a bunch of liberals of "saturday night live," i would say 90%. maybe i'm wrong about that and i know and you know some of them. mostly a left wing crew really taking her out. once in a while they do that but not too much. >> right. there have occasionally been partisan hacks writing at "saturday night live." you also have to understand a lot of the them, whatever their politics are just want to write something funny. every time there is a funny sketch that happens to slightly gore the left, people always think oh they are changing "saturday night live" they are just comedy writers that was funny. >> bill: she is an easy target, allred and they go after her. >> there that was devastating because it's true. >> bill: it wasn't devastating to gloria allred it just gave her more publicity. that's what she wants. >> fair point. >> bill: yeah. come on. you know what she is in business to do. >> that's exactly the point of the sketch that she puts her

clients. >> bill: on to get publicity for her. >> in jeopardy. >> bill: you are a lawyer. i want you to make a prediction on this program. what do you think secretary napolitano is going to do because she has got to do something. >> i think she has to deport nicky diaz. >> do you think she will. >> i think she will. i think she has to. i will give you a comparison. remember that illegal alien being put up in the chicago church and oh her child was her and her child was born here so her child was a citizen and we are spraghtd the families and the liberal catholics are all circling her in the church. she ended up getting deported. you make a speck of yourself you will get deported. >> bill: those making a prediction say look, you had those black panthers outside that polling place dead. you could have charged them easily. holder said no, i'm not charging them. big brouhaha, i'm not charging them. same thing here, nicky diaz obviously used a phony social

security card. all right you? can't do that they may just ignore it? >> i think the two cases are different on about five different levels. one is there is the black issue. and that's always special and different. >> bill: she is hispanic. >> no, no, no, no. illegal immigrants, not blacks. cross that one off. number two, the country is not in a boiling calderon of range about people preventing them from voting because it doesn't happen that much. the country is a boiling call drop of range over illegal immigration. i think she will be deported. >> bill: ann coulter, everybody,. >> i wouldn't have made your harry reid bet. >> bill: you think reid is going to lose? >>. no i would not have taken your side of that bet. >> bill: you think he is going to win? >> i don't know. but i wouldn't have made a bet on it. >> bill: you know, i could be wrong. if you want to bet paladino, i will take that action. >> no. i have hope. i do not have predictions. >> bill: ann coulter fiscally

responsible tonight. ladies and gentlemen, when we come right back, a few minutes of bernard goldberg is the liberal media turning against liberals? same question we asked ann. bernie is next. ! " # $ / 0 i

>> bill: thanks for staying with us. i'm bill o'reilly in the weekdays with bernie segment tonight. earlier in the broadcast we showed you bob schieffer

grilling white house david axelrod and "saturday night live" lampooning gloria allred. of course both gloria and mr. axelrod are plicial people being scrutinized by other liberal people. what the heck is going on. joining us from north carolina is bernard goldberg. let's start with bob schieffer because we gave him a hard time when he went on vacation and didn't know about the black panthers when he interviewed holder and you and i went over it. i thought he grilled mr. axelrod pretty tough. >> yeah, absolutely. it was a good interview. but if the question ultimately is are the media turning on barack obama, that may be another question. i think -- let's put it this way, bill, i think the slobbering has pretty much ended, at least for the time being. and the slobbering has ended basically because the magic is gone. you probably don't remember this but on christmas morning about a

month after barack obama was elected president page one of the "the washington post" did a story about obama's exercise regiment and they actually talked about how he had the sun glistened off of his pectorals and he had a well-toned body because he played basketball. that kind of embarrassing garbage isn't going to happen anymore because, as i say, the magic is gotten and he is not as popular as he once was. and the point is bill with the consensus has developed. the consensus is that he may be a nice guy, he may be eloquent. he may have a million-dollar smile but nobody cares about that stuff anymore. they only care about the economy and jobs and the mountain of debt that's been developed. the mainstream media would basically look foolish if it defended policies that the american people have overwhelmingly rejected.

>> bill: here is the thing that struck me about the schieffer interview. this is most people didn't see it. it's a sunday morning show. and it's an audience of about two and a half million people. usually when a liberal interviews another liberal at the network level, they ask them one or two hard questions, just go-to-go on the record to say look, i'm not in the tank. whatever answer is given, they accept it? >> that's the answer, yep. >> not here. schieffer went back and said, you know, if that's all you got, that's pretty weak. because, bill, it's safer. it's not just easier. it's safer now to go after barack obama. >> bill: that's true but why would a guy like bob schieffer and cbs news, which i will submit to you has a vested interest in not seeing republicans come into office even though the president son the skids and the country is angry, i think the big media

companies favor the democrats and president obama and like to see him succeed. why would they go after him? >> because they would look foolish given that as i say the magic is gone and his poll numbers are down. >> bill: they are taking it a step further than i thought they would. >> no. bill, they have already lost a lot of their audience. let's think of audience as customers. if the american people have turned on barack obama's policies and if the polls are right, they certainly have. does it make sense for the mainstream media to continue to support a candidate who their customers have already rejected? >> bill: nbc news continues to actively support the president and their nightly news and "the today show" are still doing well. i see what your point is, it's not good for business to be on a losing team but nbc news continues to be very active

supporting the president there are two franchises in the morning and evening news, they are down but they are not down big. >> right. look. and that's a very good point. but what i'm saying is that the slobbering has ended. whether or not they have turned against him, don't take the schieffer interview and project that this is the beginning of some mass movement for the media to become, you know, as mainstream as they claim they are. i mean, let's see what happens. and i will make a prediction on this. this i have no doubts about. when it's time for barack obama to run against the flesh and blood conservatives. >> bill: no doubt about it. >> the slobbering will pick up where it left off. >> bill: okay. "saturday night live" you don't care about that right? it's an easy target. they take it and, you know, that's -- nothing more to it? >> i have known gloria allred since the 1970s when i was based in california. you know will rodgers never met a man he never liked.

gloria allred never met a microphone she didn't like. and that liberals in the comedy media if i can put it that way have turned on another liberal, gloria allred tells me absolutely nothing. to not go after gloria allred after what she did to that illegal immigrant, that would -- they would be remiss. you could make fun of "saturday night live" if they didn't go after her. >> bill: i have got 90 seconds. bp, president obama, the report came out said the obama administration didn't handle it well. i guess it got a little exposure but not much. >> it got some hard news coverage. for me anyway here is the more interesting point. after katrina, the "new york times," you know, the -- where everybody else takes their crews -- cues from. they run a scathing editorial in the bush administration. after the bp report came out which criticized the obama administration, no editorial at

all. so, there was hard news coverage on it because you can't avoid that but when it came to the opinion journalism, and, by the way, this goes back to my first point, they had every opportunity to talk about the incompetence of the obama administration and they chose to ignore it all together. i don't see the media making some big turn against barack obama. i think, again, they are not embarrassing themselves the way they did when he was running, but that doesn't mean they have turned against him. >> bill: all right. bernie goldberg, everybody. check out bernard goldberg.com. in a moment, reality check miley cyrus and yet another controversial video and charges that some american soldiers murdered civilians in afghanistan. we'll have both of those stories. and on the cyrus deal there is a viewer warning on it. so, you have been advised. we'll be right back with check as the factor continues all across the u.s.a. and all around the world.

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>> bill: back of the book semght tonight, reality check where we put forth the cold-hard truth. check one, very disturbing case going on against five american soldiers accused of murdering civilians in afghanistan among many other crimes it looks like a court martial will happen. one of the men involved jeremy morlock is being represented by jeffrey nathan. he has seen some of the evidence and now wants president obama to intervene in the case. >> the president of the united states should step in and put an end to it and offer up his bully pulpit of the oval office as he did with another defendant here

in cambridge down the street. he got on to the white house podium and he said i think this is, if my recollection, refresh your recollection refresh his recollection, foolish, the police department acted foolishly, i think the further prosecution of all these soldiers is foolish. the president needs to take this seriously and say i'm not going to let any of this evidence out. i'm going to bring all of you people. >> bill: if indeed somebody killed an afghan civilian, some member of the american armed forces, why would it be foolish to prosecute. why would the president want to step in that mess? >> it's the sentences being offered in a plea bargain that are foolish, not necessarily, i suppose, the prosecution. >> bill: i need to go back back one more time. am i wrong to say if the forensic evidence in this case

it would i object flame action against the united states? that would be the only way the president could get involved. >> then you are right. >> bill: so it would, the evidence would inflame passions against the united states? >> one would assume. no have you seen no t. now. you don't have to assume. i'm just asking your opinion. >> yes. >> bill: final decision on specialist murlock's case will be made by specialist barry hug gibbs. we will let you know what happens. viewer warning on this one. miley cyrus 17 trying to become sex symbol of some kind ♪ creation shows me what to do ♪ i'm dancing on the floor with you ♪ and when you search my hair ♪ i go crazy ♪ who owns my heart ♪ is it love ♪ or is it art? >> bill: we have edited out the

worst part of that the television council says ms. cyrus is sending a bad message to young girls. check three controversial rapper elm -- emand and -- has made like this. [rapping] >> bill: eminem says is he different in private because is he raising young girls. >> parent listening to this and says my kid hears you calling somebody a bitch or using the f word and starts to use it themselves. do you feel a sense of responsibility? >> i feel like it's your job to parent them. if you are the parent, be a patient. you know what i mean? i'm a parent. i have daughters. i mean, how would i really sound as a person like walking around

my house, you know [bleep] this up, you know what i mean? >> that's not how you are in your life. >> profanitiy around my house, no. music, this is my art. this is what i do. >> bill: talking points believes that does not add up. you sell a product aimed at young people and then you ban that product in your own home. come on. check four, big poll on bill o'reilly.com. we are asking will sarah palin try for the white house in 2012? yes the lure will be irresistible or no she will be a power broker? all right. so please vote in that. we will give you the results on wednesday. that is reality check, pinheads and patriots on deck tonight starring john lennon and you can vote on his p or p status. moments away. male announcer ] at ge capital, we're out there every day with clients like jetblue -- financing their fleet, sharing our expertise, and working with people who are changing the face of business in america.

after 25 years in the aviation business, i kind of feel like if you're not having fun at what you do, then you've got the wrong job. my landingas better than yours. no, it wasn't. yes, it was. was not. yes, it was. what do you think? take one of the big ones out? nah. you know, if we had let fedex office pri our presentation, they could have shipped it too. saved ourselves the hassle. i'm not too sure about this. look at this. [ security agent ] right. you never kick off with sales figures. kicking off with sales figures! i'm yawning. i'm yawning some more. aaaaaaaand... [ snores ] i see your pnt. yeah. snores ] [ malannouncer ] we understand.® you need a partner who delivers convenience. next time use fedex office.

>> bill: tpheuz a moment. was john lennon a patriot?

premium membership is skyrocketing -- if you sign up we will send an mp3 player to the troops overseas. our featured interview only for premium members this week is miss laura ingraham. you learn a lot about her. plenty of folks are thinking ahead to christmas buying personalized signed copys -- copies of pinheads and patriots for gift giving. if you do that now you get a tote bag free of charge. now to the mail: i don't have a contract with gardners, i don't ask for passports that would be intrusive and insulting. doug:

>> bill: by your measure you have a free fire zone for villains to stalk and assault you and your children all they want. you really believe that? dawn: chuck:

>> bill: you missed these facts, less than 10% of the money promised by countries to help the haitians has been spent. the u.s. congress is holding up more than a billion dollars of aid. in the private zone it is yeah . we asked senator coburn to appear. he's the guy holding up the money here. elect on -- he will be on the factor tomorrow we asked mr. children to do the same these charge of the private money. we have not heard back from mr. clinton. if you see him, tell him we need him to come on here. >> bill: i appreciate that.

. finally pinheads and patriots. saturday john lennon would have been 70-years-old. here in new york city there was a celebration. ♪ ♪ i get by with a little help from my friends ♪ ♪ ♪ >> bill: did lennon write that last one? i don't know if he wrote that last one. i know ringo starr sang it. lennon was a controversial guy when he was alive. was he a patriot or pinhead in your opinion? interesting vote. cast your vote on

billoreilly.com and we will give you the results tomorrow. friday 5,000 of you voted on this father dancing behind his daughters. ♪ baby, baby oh baby baby ♪ ♪ not ♪ >> bill: it was close 53% say the dad is a pinhead. 47%, a patriot. i probably would have gone with patriot there. that is it for us tonight please check out the factor news website. name a town if you wish to opine. please when writing to the factor, do not be contentious. some people have accused me of being contentious. of course that is misguided. we don't want you to be contentious. thanks for watching the factor. i am bill o'reilly.