siebenmorgan. >> they grabbed him on the way to the dentist. >> bret: thanks for inviting us into your home tonight. that is it for this "special report." fair, balanced, all our teeth are in place, and unafraid. although really i didn't but bill can. >> bill: "the o'reilly factor" is on. tonight. [shouting] >> shepard: has airport security gone too far? now little kids are breaking down and lawsuits may start flying over the full body scan machines. an coulter will analyze and she is not happy. >> the success of sarah palin and women like her is good for all women. unless you believe in evolution. >> bill: comedian tina fey who makes a good living off sarah

palin. [ laughter ] >> mocks the governor again. but pbs cut some of the bit out. we'll show you what happened. >> since i don't have counsel to advise me, i'm going to have to excuse myself from these proceedings. >> bill: congressman charles rangel guilty of ethics violations. will they expel him from congress? is it legal on the case. caution, you where to enter the no spin zone. the factor begins right now. >> bill: hi, i'm bill owe illly. thanks for watching us tonight. a country divided should unite today. that is the subject of this evening's talking points memo. this afternoon president obama awarded staff sergeant salvatore giunta valor afghanistan. 25 years old and put his life in great risk to save another soldier to ho fell into the

hands of the taliban. his story was chronicled by 60 minutes last sunday. there is no question the man is quite extraordinary. >> what kind of soldier are you? >> i'm average. i'm mediocre. >> you are mediocre? >> yeah. this is only one moment. i mean, i don't think that i did anything that anyone else that i was with wouldn't have done. i was in the position to do it. that was what needed to be done, so that's what i did. >> bill: by the way the sergeant was shot twice. one bullet hit his vest and other diswroid one of his weapons. he obviously descreerves the great -- deserves the great honor he has received. he is the first living soldier to receive the medal of honor since the vietnam war. this t. helps bring the country together. we are a divided nation. the man who medal on him nor president bush.

i was struck by the mail i received over the past few days over my interview with president bush. we got thousands of letters most were positive but more than a few were hostile. some people criticized me for being tough to aoff ton president bush. others say i'm too easy on him. that's the same kind of mail i got on president obama in 2008. respectful tone i pushed partisans don't like that. you hate obama you want need lash him. the same with mr. bush that ♪ healthy. we all have responsibility to criticize our leaders but hating them sanur rofs which is on display every day in the media. so, an event like the medal of honor becomes soothing. it demonstrates we americans value courage and sacrifice. sergeant giunta wasn't fighting for a president he was fighting for a country. let's bring in karl rove's book courage and consequence now out in paperback just in time for the holiday gift-giving season. so when i talked to president bush last week, mr. rove, i was surprised when he said this.

2012 republicans have optimism that he will take the white house back are you going to help him. >> if somebody wants to know what it's like to run for president we will talk. >> bill: you won't be like bill clinton going state to state and stuff like that. >> i probably won't do that no. >> bill: are you surprised to hear that that? >> no. no he is a former president. it's not his obligation to gout out and there. >> bill: but it would help. >> well, you know what? he said probably. he didn't say no. but he said probably. >> bill: are you going to try to convince him. >> he this is something every former president has to be comfortable with doing. 41 when he left the white house was uncomfortable with jumping back into politics. ultimately he did. mostly for his family members and also for friends. this is something every former president has to -- >> bill: reagan didn't want to do it? >> reagan as we now know was beginning to suffer the onset of alzheimer's shortly after he departed. there is a decent interval that

this president 43 believes he ought to give the country and he stepped away from politics and he is comfortable doing that. but that's not to say that sometime in the future somebody might not ask him to please come do this big event or come to this rally. >> bill: he could raise a lot of money for the republicans. on the other hand, bill clinton is very, very active in democratic politics, so is jimmy carter. >> has that to the legacy. bill clinton particularly after those ugly moments in the south carolina primary when he said things that he shouldn't have been saying in a different way we looked at him before. >> bill: his wife was running. you have to cut him a little slack because his wife was a candidate. what i'm trying to get at here with president bush and with you this evening is that the republican party right now is fractured a little bit. all right? it's not united just like i said the nation is not united. the party is not united. tea party faction, establishment people, all of that. it seems like there has to be some kind of central force if the republicans want to defeat president obama. >> sure there is.

that central force are going to be the principle contender who's over the course of the next 13 or 14 months emerge and by accomplishing three critical tasks establish themselves as worthy of the support of the republican party. one is compelling argument to explain over the next 13 or 14 months why it shouldn't be obama and why it should be them. and what kind of future they want to lead the country towards. second, by displaying either implicitly or explicitly that they have the decision-making ability, the strength of character, the leadership talent to pull together this big government so the people can wake up and say i see that person in the oval office. finally i think the leading contenders by the time we get around to voting in february of 2012 are going to be the people who demonstrate that they can unify the party. and that's who needs to do it. if the republican party is going to depend upon a former leader, could you imagine in 19 -- >> bill: not depend upon but have that leader at least basically set up a structure whereby you guys can come together -- i'm not rooting for

you by the way. i'm reamg centered independent. >> besides that you are going to run according to the interview with bush. i mean, bush endorsed you. >> bill: i thought you were getting on my team here. >> bill: have you been at odds with the tea party. >> no, i'm not. >> bill: you may not be but they didn't like some of the things that you said. and 20 back and forth. >> there is no one tea party. there are lots of different tea parties. >> bill: you know what i'm talking about. >> here is the point, bill. you cannot impose it from the outside. this has to be organic. >> bill: organic? >> this has to grow from the conduct of the candidates. >> bill: i gotcha the candidates are going to have to do it but i think the structure in the republican party is fractured right now it will be interesting. >> a, it's always that way. >> bill: not always that way. >> and, b, it will get better. and you think we're fractured? you go over to that house democratic caucus and see them -- heath shuler. >> bill: they are running for cover now but they all will rally around president obama in 12, believe me. now, was i too tough for pushing the president there? >> look, you were respectfully

pugnacious as you oftentimes are. now i noticed one interesting thing about the interview which is you started off strong, interrupted him twice, as is your want. he responded and i added them up. you interrupted him 17 times but he interrupted you 16 times. >> bill: so it was fair. fair and balanced. >> man owe man o even balance there. >> bill: my interview isn't an interview. it's a dialogue. >> conversation, absolutely. >> bill: not a debate. we are not debating an issue. this is why interviews are outmoded. you ask somebody like you a question and you let you say whatever you want. you may not want to answer the question. you may be over here or over there. you may be boring, you may be bloviating. i don't do that here. we pull you back where we think you need to be. >> what is this godfather we pull balk in? >> bill: just when i thought -- bush said that president bush just when i thought i out they pulled me back in. he can be a very, very, very

prominent fundraiser. >> sure. look. he said probably. >> bill: you think he said -- >> i think you need to let him determine, look, going to come out and say i would love to do that. >> bill: why not. >> come out and say no way in heck am i ever going to do that why not. probably not. is he entitled to set his own course. >> bill: you know where he lives? you can go to his house, right? >> don't be bringing up another godfather reference here, o'reilly, please. >> bill: all right. karl rove, everybody. >> is he protected by people with guns, o'reilly. you may have forgotten that. >> bill: trust me. i'm just a poor humble correspondent. mr. rove, you know me. buy his book in paperback. you will like it. pbs cuts down some of tina fey's verbal attack on sarah palin. we have the tape. we will show you what you didn't

>> bill: in the barack and hard place we shift from president obama to sarah palin. recently the kennedy center gave tina fey an award. the ceremony was broadcast on pbs. if you watched it, did you not see this. >> the success of sarah palin and women like her is good for all women. except, of course, those who will end up paying for their own rape kit and stuff. but, for everybody else, it's a win-win. [ laughter ] unless you are a gay woman who wants to marry your partner of 20 years, whatever. but for most women, the success

of conservative women is good for all of us. unless you believe in evolution. [ laughter ] actually, i take it back. the whole thing is a disaster. >> bill: pbs edited a portion of ms. faye's remarks out of the program it says for time reasons. with us now fox news analyst alan colmes in san diego and monica crowley here in new york city. first of all, the rape kit line? did you get that? i didn't get that. i know i'm dense. >> no. there were some accusations during the 2008 campaign that when she was governor she was trying to put forward this program that would make women who were raped pay for their own rape kit rather than have the state pay for it. >> bill: boy is that an obscure reference. >> yes. first of all, tina fey's hairstyle there was a crime against humanity. secondly, she is supposed to be a comedian and nothing she said about sarah palin was even remotely foundy. >> bill: do you think that's why it was cut out. >> no. i think the real reason it was cut out is because it is

broadcast on pbs. the parent company of pbs and npr is a corporation for public broadcasting. the corporation of public broadcasting is directly under the gun now from newly empowered and elected republicans who want to pull all of the. >> bill: i'm responsible? >> they want to -- republicans now because of the firing of juan williams on npr want to cut public funding. >> bill: what you are really saying is that i'm responsible and juan williams is responsible for this edit because they are scared that if they continue this far left craziness that they are going -- it's going to be -- they are going to get their money pulled by the new republican party? so i'm responsible for tina fey's monologue getting cut. >> being sliced and died. actually what you should do now, bill, look into the camera and invite tina fey on this program to respond. >> bill: all right. teachna, would you like to come on the program and we have alan colmes sit right next to you, if you would like. colmes, do you buy this analysis? >> poor sarah palin, poor

conservatives, always the victim of the evil liberal media what a shame that you have to live in a world where alled media is libel and sarah palin is the victim. look, they did the same thing to george carlin. i don't agree with the editing. they should have left that in. it was really funny. the audience seemed to like it. they did the same thing to george carlin when they honored him. edited out the seven words you are not supposed to say in radio or television. this is not a political thing. maybe a bad editing job. >> bill: you don't think it had anything to do with the fear on the part of the public broadcasting corporation that their funds are going to be lifted? >> no. >> bill: but their funds are going to be lifted. no doubt. recommendations of the budget people that came back and said why are we wasting a half billion dollars a year on these people? let them compete? i'm sorry, colmes. it is circumstantial evidence. but i think crowley. >> it is circumstantial. >> bill: crew crowley's case is pretty strong. >> of course do you because

conservatives. >> bill: i didn't have any dog in the hunt. i didn't think the rape kit line was funny. i didn't understand it. monica understood it because she is brilliant. you didn't get it. >> i did get it. >> bill: you knew palin made a reference to rape kit. >> when she was mayor of wasilla, the police commissioner, they would charge women for rape kits if they had to use a rape kit. she did nothing about it as mayor of wasilla. although she probably knew about it. >> bill: good for you. tina fey epit toe epitomizes. i'm glad alec baldwin isn't here. my reputation is bad enough i don't want him following me around. she has a reputation of being a left wing entertainer which she is. no doubt about it? >> sure. >> bill: she's are the people that always are honored. first of all, and if dennis miller gets a kennedy center award then i will say -- >> bill, are you saying you want a dinner? do you want to have a dinner? >> bill: i want a cable guy to

get an award. >> i will give you dinner. >> bill: i don't want anything. larry the cable guy or foxworthy. they never get on there. it's always tina fey. >> poor conservatives? oh, you poor little conservatives never get honored. so sorry. >> left wingers dominate the entertainment. >> bill: how do you know the kennedy center is dominated by the far left. >> the kennedy center i don't know. entertainment far left actors and -- >> come on. >> bill: fox news never gets dom nominated for anything. you worked for us from the jump. are we that bad? >> i don't follow these award things. >> bill: ha ha ha, talk about dodging a good question, colmes. why don't you duck down on your desk right now. we never get nominated for anything. are we that bad, colmes. >> you poor thing. >> bill: you are part of it colmes, you never get nominated for it? >> i never get nominated for

anything. i'm a liberal. you think the liberal media would embrace me. >> bill: you are a turn coat. you work for us. we never get nominated for anything. what she said it's dominated by left wing pinheads and looks like circumstantially that's correct. thank you very much, monica. >> carlin, they edited him out. >> bill: you are in san diego, colmes, enjoy it don't go near the water they will get you. an coulter upset about the full body scans at the airport. she will be here. charlie rangel convicted of ethics violations. willis it legal investi;7

>> bill: factor follow up segment tonight, as we have been reporting many americans outraged about the full body

scans at the airports. if you opt out of that you get an extensive pat down by federal employees. causing all kinds of problems as experience of a 3-year-old girl in chattanooga, tennessee. my 3-year-old mandy went from this happy little girl to this during an ordeal during security. >> stop touching me. >> my cell phone has about 17 seconds of it here. a t.s.a. employee we decided not to show, is patting down mandy while my wife holds her. first, they try a hand held metal detector. mandy was not in the mood. and the t.s.a. employee well, in my opinion did not know how to communicate. >> joining us now from los angeles, attorney and political observer ann coulter. so you think this is a big important story, this body scanning deal? >> yeah. did passengers feel safer that that happened to that poor 3-year-old little girl? it's just a crazy politically correct world we're living in

now. i mean, after the 9/11 attack with box cutters, you can bring sharp objects on planes. after the shoe bomber you couldn't bring liquids on planes. after the diaper bomber, now they are doing this body scan. you have the choice of either being fondled by a complete stranger, go to your left or if you want to appear nude on live video go to your right. and, by the way, the body scan technology would not have stopped the diaper bomber. it doesn't detect explosives. it doesn't detect plastics. after a few weeks ago, those explosives in the printer cartridges being sent from yemen now you are not allowed to fly printer cartridges on airplanes. how about we look for the terrorists rather than banning everything the terrorists do. what is the t.s.a. going to do when that terrorist uses his age cavity for explosive which, by the way, happened last year in saudi arabia. are they going to require full body cavett ceeft cavity

searches? that is the next step here. >> bill: we understand the absurdity. i'm one of them. yo-yo care about the body scanner except for the radiation levels. i'm not going to go through this that much. >> right. >> bill: i don't like it. i don't like the whole thing. but if this is the procedure, we haven't had, thank god, an incident on a plane since 9/11 with the exception of the ones that were aboarded from overseas. but not originating here. so, i'm willing to put up with it. but then there are people like you and others who say this is crazy and it is. it is. but i don't know what you could institute that would be better? what could you do that would be better? >> well, so far if for one thing, i just want to say quickly, you are right, people who don't fly think it's a great

plan. by the way only about 44% of americans took a flight in the last year. only 7% of americans took as many as four round trip flights in a year. so 7% of americans are going through this, i took 10 flights in october alone. the pilots have to go through. this what's the rationale of that the stewart he is have to go through. this i think the point is as many have said this is hitler's last revenge. the one thing we won't look at is who is doing this? if a martian landed and saw this warfare we are involved in. we are museum terrorists -- muslim terrorists not part of a country. >> bill: what the israelis do is basically profile. which i don't have a problem with it and i'm sure you don't either. >> yeah. >> bill: they have been fairly successful in their profiling. so that's the alternative. profiling. so you don't pat down the little girl and her mother from chattanooga because there is no reason to do that but you do if

there is a questionable guy on the itinerary then you take a look at him is that what you want? is that what you think is better. >> yeah. what i was saying in asymmetrical warfare. no advantages. not fights by the rules of war. if a martian landed he would say the one advantage you guys have is they all lookalike. they are all foreign born, all male, all between a certain age group. >> bill: there are female suicide bombers. they could easily get one. >> they could not do it easily. if we had been attacked by swedish terrorists, this would not even be an issue. it's only because our terrorists are from third world countries that we will not look at profiling them. the only thing that would make any difference at all, by the way even in 2001 you were more at risk in dying at a n. a car accident than dying in an airplane there are risks to everything. police state you eliminate all risks. >> bill: get rid of all of this stuff with machines and all of this business institute a basic

oversight profiling situation where you look at the manifest, who is on there, what their social security number is, what their rap sheet is and then do you it that way? that's what you would do. >> right. what they ought to do is not leave it up to the government but have the airlines do it and have airlines institute their own policy. they figure out what works. >> bill: hot dog on an airline? i'm not sure i. the airlines in charge. i don't mind the government profiling but it would have to be the government doing it. >> it has to be the government not doing it. it has to be the private airplanes doing it or airlines. they can see who their frequent fliers are they are looking at the flight manifest. they don't want their planes going down. >> bill: ann coulter, everybody, very provocative. plenty more ahead as the factor moves along this evening. is the presidency too much for any one man to handle? charles krauthammer will weigh in on that. charles rangel gets contradicted of think -- ethical violations.

of think -- ethical violations. illegal immigrants can gç@ooo

>> bill: in the stossel matters segment tonight we asked our friend john to look into the airport security and report back to us. what do you think? >> i agree with ann. if not the airlines some private security company. in israel they had government run security. they gave it up in '95 because government is clumsy and does everything badly. if you have private companies, they have to compete with each other. if they suck, you can fire one. >> bill: maybe 500 people are dead by the time. look, the reason they do this at the t.s.a. >> they don't want to kill their customers. >> bill: i understand that the reason they do that at the t.s.a. and they have the federal apparatus in charge of security is the federal apparatus can access other federal agencies. they can get information faster. they are all tuned in, you know, supposedly to the same system of washing. that's why they have it. >> fantasy belief in the federal government. >> i don't have a belief. i'm explaining why they are

doing it i don't have any belief in the federal government? >> bill: so you would favor private people at the airport profiling passengers? is that what you think? >> if profiling works as they do in israel, they would do that. if it stopped working. >> bill: they have that. >> they don't have those same scanners. >> bill: i don't think anybody has a body scanner. >> canada has the body scanners. the israelis are saying. >> bill: canadians use them to keep warm. it's a heating thing. you agree with coulter it should be a privately run security apparatus based upon profiling first and foremost? >> and mostly that one size doesn't fit all. and that's the government bureaucracy. i think t.s.a. stands for thousands standing around. >> bill: get rid of them. again, the profiling is what -- you don't have any problem with that? >> depends how it's done. >> bill: how it's done is there is a guy that looks like a muslim, we're going to pat him

down. that's how it's done. >> some of that too much of that would be evil. >> bill: you are equivocating. you have to base the security thing on something. >> none of us is smart enough to make those decisions. that's why we need private competition. >> bill: we have jesus come down and run the -- >> we have private contractors competing to get the business. >> bill: i know the business end, but you aren't giving me the solution. >> i don't particularly have it. >> bill: you don't have a solution. all right in mow dessomodesto, e kid wanted to bring an american flag to school on the bike. pinhead said you can't bring american flag to an american school. >> i had it on for two months and it wasn't a problem until veterans week. >> cody took it down. >> i just told them okay, so that way i didn't get in any more trouble. it's t. just kind of make me upset that i can't fly the flag in my nation. supposed to be free in this country. and i should be able to fly the flag wherever i want to and they are telling me i can't.

>> bill: this is at the middle school half hour southeast of modesto, california. they say, look, we are having a lot of trouble with the ethnic rivalries between anglos and mexico americans and we don't want any flags and you say. >> it's just like the airline question. i don't presume to know what that school needs to know. but we fight about this in schools and there have been other cases cases in colorado. no patriot i can clothing, florida, no girls wearing tuxedos, we fight about it in schools for the same reason we don't fight about them in business, in churches, synagogues, and mosques because school is government, one size fits all solution. >> bill: but it's insane to ban an american flag from an american school. that's -- it's a simple one for me. you don't do that. >> i would think so. >> bill: there is no excuse. if you can't control your student body. if there are rivalries between different ethnicity that's your problem. don't intrude on american flag on american school. that's insane. all these people should be fired and the good people out there south of modesto should vote

them all out and get some people who are sane in. am i wrong? >> maybe. because you had some ethnic rivalries at some school where you taught. why is his bring the flag. >> we handled it we handled it, okay? >> maybe the school feels the simplest way to handle it is to ban. >> bill: that's not what we do in our country proud of our country and flag. if students want to be able to display it they need to display it? >> pick a school where you can do what you believe. in government doesn't cram their ideology down your throat. >> bill: period it with i agree. that's it? >> i agree with part of what bill says. >> bill: when we come right back charles rangel gets convicted of ethics violation state of ohio gives illegal television breaks if you can believe it. is it legal will analyze all those stories in a moment.

your homecoming queen is... becca winegar! [cheering and applause]

. >> bill: thanks for staying with us. i'm bill o'reilly in the is it legal segment tonight, as you may know congressman charlie rangel walked out of the house ethics committee hearing yesterday saying he could not continue paying a lawyer even though he had two years to set up a legal defense fund. now the house ethics committee convicted rangel on 11 counts of misbehavior. with us now kimberly guilfoyle and lis wiehl. is he going to get tossed out. >> no. he will get reprimanded. >> bill: scolded. >> scolded bill will what did he do. >> tax evasion, not paying his taxes. there is improper political contributions, soliciting improper political contribution. a whole bunch of things wrapped into 11 charges of which. >> bill: all financial? >> all financial. >> bill: okay. >> ethical is financial. you remember the picture of him down there in the ville la. >> bill: he had a little place in the dominican republic.

and he didn't declare. >> wasn't declaring that. >> bill: renting it. people paying. wasn't declaring it? >> state assets as well. >> bill: condos up in harlem and he wasn't doing. >> correct. >> bill: do you think is he going to get kicked out? >> die not think he will be expelled. i believe he will be reprimanded and fined which is a middle ground. >> bill: he have to pay a fine? can't pay a lawyer. >> he says he has no money. >> bill: how can he have no money if he has a condo? >> sell the property. >> apparently $2 million out of his funds, you know these political funds, two lawyers, what he said then is well, i can't pay any more to these lawyers. >> bill: he knew he was going to get convicted. why waste the money? they are going to slap me on the wrist. be interesting to see how much they fine him. >> why shouldn't he have to sell some of his assets like the ville la in the dominican republic? >> bill: fine him and pay. if he doesn't pay throw him out? >> he has already paid the 2 million that was to the lawyers. the lawyers apparently wanted another million. that's when they balked. >> bill: those lawyers?

>> >> bill: so rangel will probably survive but have to pay more money. in california unbelievable ruling, for me i'm not a lawyer. the supreme court of california says, look, even though you are in this country, guilfoyle, illegally, you are not here, okay? and you may not -- your parents dragged you in here or whatever. now you can get instate television for the college or university subsidized by the taxpayers of california. >> yes. >> bill: basically subsidizing if you live in california the education of illegal aliens, correct? >> that is absolutely correct. it's to the tune of for each individual student it can be a savings benefit of approximately $23,000 a year. it costs the state of california 200 million annually in lost revenues because of that discounted tuition. >> what is the rationale behind the supreme court's ruling. >> 2001 piece of legislation that said if you attend california high school for three years and then continue to go on to graduate, you then are eligible to receive a discount.

>> bill: it doesn't matter. the legislation was passed by citizens because it didn't say illegal aliens don't qualify -- >> i have to look at this law and there is more specific than that. they said if you are an illegal and you have attended three years at a high school, you have to show that once you get through college that you will apply to be a citizen. so it was specific for illegal aliens. >> bill: a path which sounds unconstitutional to the u.s. constitution with illegal alien caveat inside. >> the court did the right thing. >> bill: did the right thing based on illegal law. >> you can call it illegal but that's for the californians. >> bill: i'm a simple man as you both know. you behind my back say it quiet often. owe rile slay very simple man. the laws of the united states are not extended to people who are here illegally. the constitution is for american citizens. >> one of the most conservative justices i know him personally

from san francisco. and is he a very bright man. but what is he saying is this specific law did not make a requirement of residency. as the law stands, he says it doesn't conflict with federal law. >> bill: but it's against the u.s. constitution. >> i agree. if will probable go to the u.s. supreme court and be struck down. >> the federal law says you can't have a residency requirement. that's how they got around it with the california law. it's a loophole. not residency but that you attended. >> -- gone to three years of high school. >> it flies in the face of the intent of the law. >> bill: it's just insane. whole thing sin sane. >> three two or three other states that have these laws. >> bill: guantanamo bay military tribunal is the way we want to go with al qaeda. put al qaeda on a civilian trial chaos, right? >> one of the jurors actually sent a little note saying i have decided one way and i can't -- i can't decide any other way. the defense counsel then came and said look, we want a mistrial based on one juror. >> bill: one juror holding out to convict this guy ahmed

ghailani. >> new york. >> bill: the guy is guilty as sin. this one person who won't convict him so they are sitting there going -- >> the judge again did the right thing. the judge could have said we are going to start all over again. he wants to starve this guy to death this is what i'm trying to say. this is always going to happen there will always be one nut in every jury pool. >> you can't be afraid as a judge to do the right thing. if you can establish a record to show that a juror is failing to deliberate and continue -- >> bill: you can boot him. >> absolutely. i have done it many times. >> bill: they will appeal that you know they will. >> it's a huge issue for appeal. >> bill: this is why it shouldn't be in civilian court to begin with. >> if you saw the nature of the note it's embarrassing. >> bill: it's bizarre. it's crazy. >> 28 a counts. come on it's compelling evidence. >> it is civilian court. the judge did the right thing

said you have got to go back and deliberate more did. >> anybody ever say you are a legal pinhead? >> earlier i was right about something. >> bill: my eyebrows are starting to fall off. >> the judge should remove that juror and send them back. in go ahead and make a record. >> they can't do that. >> make a record. >> bill: millions and millions of dollars being wasted here. >> yeah. >> bill: in a moment is the presidency too big a job for one man? charles krauthammer on that. then pinheads and patriots gavin newsroom the mayor of san francisco, your verdict is. pkó@v@ zx7?

>> bill: back of book segment tonight there is an article in the back of "newsweek" magazine that says the presidency might be too complicated for one man or woman to handle this because president obama is having so

much trouble as did president bush before him. charles krauthammer is not buying it. he joins us from washington. do you think this is just more excuse-making? >> yeah, it's actually rather pathetic. you didn't hear this when ronald reagan was president. it's the kind of thing that gets cooked up in the mainstreamed me were when you have a failing democratic presidency. this was a ton of this in the late years years of the jimmy carter administration. late january a piece in the "the washington post" saying how the day of the larger than life presidency is over. one year later we elected a larger than life president in reagan. august 1980, last few months of the carter years, christian science monitor article how they found a sociology gist who said that the office of the presidency was an institutional decline. well, it's not the office, of course, it's the occupant. as you have got an obama, a guy who can't handle the office. look, this is a guy who never ran so much as a candy store in his life. let alone a city or a state. there is a reason why before

obama four of the five last presidents were governors. we haven't had a president come out of the senate since john kennedy. this man has never run anything and he obviously is a great candidate but is he not a very good governor. maybe he should remain a candidate all his life and -- >> bill: but the other side who support obama would say, look, president bush was governor and he -- you know, it got away from him. and. >> it wasn't -- >> bill: we live in such a complicated world charles now and we do. we live in a very complicated world. >> well, to the extent that bush was defeated, it was not by complication. it was by history. he made decisions like the iraq war that a lot of people thought was a terrible mistake. he lost the confidence of a lot of americans. and his party was tossed out of office as a result. it's not because of the office was too complicated. >> bill: listen to me a minute. i picked up something when i talked to mr. bush last week. this derivative mortgaged back security thing that wrecked the

economy this is a very complicated, very sophisticated con. it's a con. president bush had no idea. he didn't know. all right? now, i can't say with any certainty that anybody else, no matter how brilliant they are, would have been able to pick up what these banks and investment brokerage houses were doing because it was so complicated. that's the point that we live in an age now with electronics where we can do things you couldn't do 10 years ago. it's so fast. it's almost like the nfl pretty soon they are not going to have any players on the field because they are so big and the collisions are so intense these guys are in the locker room half the time. >> that's an argument for the financial system being overcomplicated. it's not an argument for the office of the president being overcomplicated. >> bill: but he didn't know what was happening, president bush. >> the head of goldman didn't know. the head of american express didn't know. the head of bank of america didn't know. i'm not expecting him to know.

>> bill: you might not be, but certainly the american public is expecting their leadership to protect them from cons that could blow up the economy. >> look, anybody who expects the american president to have incite into the world of derivatives when the lehman brothers had no idea and went out of business, i think is expecting magic out of the white house. >> bill: we all expect to be protected. >> what you expect from the government is competence and understanding of own constitution and powers. the problem with the obama administration got a man who never governed anything. secondly, if the problem is complexity and overreach and all of that, why is central centralizing all the power in the white house. he has got a cabinet there are more czars in the white house that you will find at a romanoff wedding. he has cabinet members. if all these decisions are so hard, so many are coming to him, what you ought to do is devolve some of the authority on to the departments which is what it is supposed to be, instead of as

obama done to populate the white house is many experts in every area overriding and being a shadow cabinet in the white house. no listen, i agree. >> he insisted on centralization. completely self-inflicted by a man who doesn't have executive experience. >> bill: charles krauthammer everybody. the holiday announcement starring me and glenn beck that might interest you. right back with it. i'm hugh jidette. i'm running for president. if elected promise our 13 trillion dollar debt will double, maybe even triple. i'll continue to ignore our spiraling i'm hugh jidette and i say borrow like there's no tomorrow.

"patriots and pinheads" in a moment but first you ask for it and you got it. there is now a dvd of the "bold fresh tour" starring glenn beck and myself in time for christmas. you can see beck and i make complete fools of ourselves for two hours. an amazing stocking stuffer. if you become a bill o'reilly premium member or extend the membership for a year we will give you the dvd for free. short-term deal so check it out. if you want to buy it to go to our website and glenn beck's website has it and does amazon.com. don't blame me. they're going to sell out. get them while we have them. now the mail, we receive a letter from the u.s. attorney's office in cleveland and service secret in akron, ohio, detailing their part of the investigation with guy launching cyber attack who was sent to federal prison.

the offices did a great job and i want to thank them personally. [ reading ] >> but she was simply quoting dictionary definition. she would not insult millions of viewers. larry writes --

>> that is becoming an issue with pilots and flight crews, as you may know, doctor. and jim from la porte, indiana -- [ reading ] >> are you kidding me, jim? who do you think broke the soros story? we have been exposing the guy for years. he's a danger to the country in my opinion. chuck of arizona writes -- >> well, he was president of the harvard law review, chuck. that may be an indicatoindicato. tonight "patriots and pinheads" tv style. we'll show you amazing video. watch closely this football play. [ applause ] >> go, go, go, go!

[ applause ] >> that happened in discil, middle school, corpus christi, texas. is the coach patriot for creativity or pinhead for faking out little kids? the kid is, there picked it up. you can do that. i used to be a quarterback. interesting play. yesterday we told you that san francisco mayor gavin newsom vetoed law that would have banned toy give-aways. for the cartoons featuring me, posted on billoreilley.com, 54% say he's a patriot. 46% see him as a pinhead. we love the guy! if you don't, go see the cartoons. they're funny. that is it for us tonight. please check out the fox news factor website which is different from billoreilly.com where the

talking point memo is posted. we talk about the medal of honor winner tonight. came in late and you might want to see that. we'd like you to spout out about the factor from anywhere in the world. name and town, name and town if you wish to opine. word of the day, don't be a barber monger. don't be that! thank you for watching us. >> good morning, everyone. wednesday, november 17th, thanks for sharing your time. i'm gretchen carlson. thousands of americans' personal information hijacked in china. details on a frightening new report. >> it's always something. meanwhile, is the department of justice doing its due diligence or something a little more personal. new claims about that woman investigating governor chris christie's travel expenses. is it a smear job? we're going to report and you are going to decide.