thomas now. i didn't know sesame street still at it. now you know the news for this thursday, november the 10th, 2011. i'm shepard smith. thanks for having us in. news continues tomorrow and online now. here is the owe riflely factor. >> "the o'reilly factor" is on. tonight. >> the third agency of government i would do away with education, the. [ laughter ] >> commerce. >> and, let's see. >> rick perry stumbles big time at last night's g.o.p. debate. can he recover from this latest gaffe? or is it over for the texas governor? >> i can't, sorry. [ laughter ] >> oops. >> we'll analyze last night's debate and see who is leading in the field. [chanting] we want joe. >> the penn state campus erupts in riots after long time coach joe paterno is

fired over a sex abuse scandal. ♪ chanting] >> his supporters say he should have been allowed to retire with dignity. the rest of the world wondered what took so long for him to get the ax. we will debate it. and we'll look at the legal implications for all of those involved. [shouting] >> laura: caution. you are about to enter the no spin zone. the factor begins right now. captions by closed captioning services >> laura: hi, everyone, i'm laura ingraham in for bill o'reilly, who is off tonight. thanks for watching us. now, let's get right to our top story, a no spin analysis of last night's g.o.p. debate. we begin with rick perry, who, of course, has strulgted at previous debates. he was doing fairly well last night until he tried to list

three government agencies he would get rid of as president. >> the third agency of government i would do away with education, the -- [ laughter ] >> commerce. >> commerce, and, let's see, i can't, the third onia, sorry. oops. >> today, perry appeared on my radio show and other media outlets to try to save face. >> if we're electing a debater in chief, don't elect me. i mean, we have got a really good debater in the white house today. 2.5 million jobs lost. foreign policy that's in the tank. we have a president that, from my perspective, is an absolute disaster for our economy and this country. is he a great debater. >> herman cain who was probably the happiest person in the world to have the spotlight taken off him with the perry gaffe. still found himself in the hot seat on a question about his

character. listen to the audience reaction. >> the american people want jobs and also want leadership. they want character in a president. in recent days we have learned that four different women have accused you of inappropriate behavior. here we are focusing on character and judgment. [boos] >> you have been a ceo, why should the american people hire a president if they feel there are character issues? >> the american people deserve better than someone being tried in the court of public opinion based on unfounded accusations. [ applause ] >> laura: newt gingrich continued his pattern of slamming the media in its exchange with maria. >> historically this is the richest country in the history of the world because corporation succeed in creating both profits and jobs and it's sad that the news media doesn't report accurately how the economy works. >> what is the media reporting inat rattily about the economy. >> i have yet to have hear a single reporter a single

occupy wall street person a single rational question about the economy that would lead them to example who is going to pay for the park you are occupying if there are no businesses making a profit? >> laura: joining us now from manchester, new hampshire former spoork of of the house newt gingrich. i liked the 99% vs. 1% what the 1% does to employ people. the tension between you and maria seemed to be interesting. was she fair last night. >> i thought she was fair overall. i wasn't trying to be involved in a fight with her. but i do think it's important to recognize that the real audience is not the news media and it's not the other candidates. it's the american people. and the american people deserve to have a full and clear conversation and sometimes that, frankly, does involve the news media, when which is a major player in how the country sees itself and how the country talks to itself. >> laura: i have talked to a lot of people today on my radio show, newt, with 16 or 17 more debates coming.

some folks are saying okay. this is playing right into the media's hands. you made this case consistently. why continue with these debates? i mean, i'm half expecting simon cowell to be moderating the debates down the road. this is getting a little bit ridiculous. >> i think the other side of that coin is that it is a chance to communicate with the american people unedited and it's a chance to communicate with the american people without raising millions and millions of dollars. one of the most interesting stories of this campaign has been that some people could go out and raise huge amounts of money but they couldn't survive the debates. other people did not have much money gradually made bigger and bigger impressions because of the debates. i think herman cain took off because of the debate in florida and without that he might never have had a chance to be the frontrunner. i think you have to look at all these things. i think it's good for america to have a free willing discussion at a time when frankly there are huge

problems that deserve being aired. >> laura: how do you fix health care in 30, 60 seconds. you pointed out how silly that was. you would have had the whole hour, newt. i'm surprised you didn't take it let's talk about the perry gaffe. that's the buzz after this debate and, look, rick perry brain freeze moment. does that matter in the end? do you think it's something that in the eyes of the american people a disqualifier because we don't want brain freezers in the white house as one of my emailers said. >> well, look, i'm very sympathetic to governor perry. is he a very smart man. he is the longest serving governor in the history of texas. i always worry when i go into these debates because there is now there is exaggerated expectation of how well i will do. i always have this fear that something will happen to me exactly as happened to rick last night. my heart goes out to him. i wasn't gloating at that point. i was thinking wow that could have happened to any one of us. what he has got to do is what

he did this morning on your show. he has got to go back out in the open. it's got to be him not his advertising. not his consultants. my recommendation would be do lots of town hall meetings. let people ask you lots of questions. he is either going to get a lot better at it or he is not going to be in the race. nothing will substitute for him being out there letting the people see him. and i like him a lot. he is a very good guy. his ideas, for example, on the 10th amendment really shaped my own thinking on implementing a 10th amendment. calista and i are very fond of him and anita. we felt for him last night. it was a he very hard moment. >> laura: herman cain getting flack for some of the sandals out there when he called nancy pelosi princess nancy was that a mistake? would have you called her princess nancy. >> i don't know whether or not i have ever used exactly that phrase. when you are a republic partisan and speaker pelosi is

as irritating as she has been at times. no. >> profoundly one sided as she has been. you get tempted to use phrases that may not be totally worthy of the president of the united states. i'm trying to, as i shift from fox analyst to potential president, i'm trying to sort of not use some of those phrases. but i think there was more sympathy in that crowd for herman using princess nancy than there was shock that he would use a phrase like that. >> laura: i think it's after the scandal some people said might not have been a good thing to mention. what are the three main reasons why conservatives should prefer you over mitt romney today? >> first of all, i have a lifetime record of being a consistent conservative working with ronald reagan for years, helping in the 1979-80 election cycle. helping for eight years while he was president. as speaker of the house, i led the first national conservative take over of the house in 40 years and the first re-election for conservatives since 1928.

and my record as speaker is pretty consistently conservative. second, for us to win this election, we have to undo obama's billion-dollar campaign by debating him head to head. i think most people agree i would be the most effective at are articulating our values and our philosophy and communicating his failures and radicalism in the debates. third, i have a track record in washington. i balanced the budget for four consecutive years working with bill clinton. the only time in your lifetime that's been done. i helped pass the first big entitlement reform welfare two out of three people went back to work. i helped pass the biggest capital gains cut in history. unemployment came down from 5.6 to 4.2%. governor romney is a very smart man and manager. he has had no experience to the scale of change i am describing. he would be very good as a manager if that that's what washington needs. we a need a change agent that is substantially going to put america back on the track. in that area i have vastly

more experience than he does. >> newt, the hill's poll this week which i'm sure you saw. 5% of voters regard the way a politician conducts his private life as important on how she might discharge -- he he might discharge his public duties. are you worried if you keep going up in the polls that the media are going to bring up your personal life and how are you going to respond to that? >> look, i expect they will bring up my personal life. my response is that i have reconciled and asked for forgiveness from god. we have a great marriage. very close to our two daughters. very close to our grandchildren. people have to look at me and decide i'm a 68-year-old grandfather. i learned a great deal in life. i think today i'm prepared to be the kind of president the united states needs. i think we need leadership that is capable of getting very large change to get us back to full employment. to balance the budget again and to strengthen our national security and i think if people decide that's true, the odds are very high that i will be the nominee and as nominee

that i will defeat barack obama. >> laura: newt gingrich, it's always great to see you. thank you so much, sir. >> good to be with you. >> laura: asking you to vote in our bill o'reilly.com poll. we're asking will the her map cain controversy hurt his campaign yes or no? vote on bill o'reilly.com. straight ahead how are the democrats reacting to last night's g.o.p. debate? i will talk to two of them. turmoil at penn state after the university fires joe paterno after the sex scandal. the campus erupting there. stay with us. with new extra-strength bayer advanc aspirin. it has microparticles, enters the bloodstream faster and rushes relief to the site of pain. it's clinically proven to relieve pain ice as fast. new bayer advanced aspirin. it's clinically proven to relieve pain ice as fast. the best approach to food is tkeep it whole for better nutrition. that's what they do with great grains cereal. they steam and bake the actual whole grain while the otr guy's flake is more processed.

mmm. great grains. the whole whole grain cereal. oh, we call it the bundler. let's say you need home and auto insurance. you give us your information once, online... [ whirring and beeping ] [ ding! ] and we give you a discount on both. great! did i mention no hands in the bundler? bundling and saving made easy. now, that's progressive. call or click today. [ male announcer ] got a cold? [ sniffling ] [ male announcer ] not sure what to take? now robitussin® makes finding the right relief simpler than ever. click on the robitussin® relief finder. click on your symptoms. get your right relief. ♪ makes the cold aisle easy. robitussin® has a new look, new simpler names,

but the same effective relief. robitussin®. relief made simple.

>> laura: continuing with the top story. from the democrats perspective of last night's debate. mark sawyer political science professor at ucla and with me in the studio is a democratic pollster. great to see both of you. i love getting the dems take on how the republicans do. it's just, to me it's fascinating because this is a competition that we have right? coming up in a year. margie, let's start with you. you watched last night. >> yes. >> winner, loser? winner first put on your analyst cap. >> romney continues to be consistent. he consistently, you know, dodges some questions but doesn't have any gaffes. i think newt gingrich has been consistent. i think ultimately he was out earlier and he said some very nice things about rick perry who is one of the losers. we can say from the debate.

>> laura: why do you think rick per i can't was a loser in last night's debate. >> newt gingrich said it could have been me and everybody has those moments and it's true. people have those moments. the difference is gingrich is consistently good. this is his forte. this his venue. this is the thing he likes to do. perry not so much. he doesn't want to debate. when he has a bad night it just reminds people he doesn't like to debate. he has a hard time eking out a statement and saying what he believes coherently. voters are responding to it and that's why he keeps sinking in the polls. >> laura: people are going to think i'm nuts here but i think perry had a good night until the gaffe. one of his better performances, people say is he not a good debater. probably right. he didn't want to do many more debates but changed their position on that a couple weeks ago. in the end, whom do democrats want to run against? look at that field? do you want to run against one person, who would it be? who has a chance of winning? >> as a democrat i'm happy to run against any of them. if you listen to the policy

proposals, all of them want to increase in inequality giving to the richest people with the hope that they will help the rest of us out. in so doing, endanger key programs like medicare and others. rom anything, he can't close the deal because romney looks like a guy whose whole life has been a dress rehearsal for running for president. herman case number obviously has serious problems in terms of electability. and rick perry, any time you give him a chance he is not good at debates. is he not good at speeches. he is not good -- tell me what he is good at the. >> laura: first of all he has successfully run one of the states of the united states as a chief executive which is more i can say for barack obama in anything he ever did. other than that, talk about your criticisms. the republicansry showing that they are representing the wealthy and they are supposed to create all these job opportunities. newt gingrich's point last night that you can vilify the 1% but in the 1% are innovators and created tores, including job creators.

rattled off the names of some of the top men men in the united states and a couple of them are democrats also create a huge amount of jobs. the villeification of the 1% only gets you so far. the american people who need the 1% to be creating jobs and starting companies and doing that kind of stuff. marge dr., let's go to you on this. when you watched this debate last night and you think of fast forward. fast forward to september of next year. barack obama is standing next to, let's say it's going to be newt gingrich. let's say it's a big surprise and ends up being newt gingrich. do you think barack obama is going to be able to defend his record with 7% increase in foreclosures last month? consumer confidence down? most people think america is in decline. how is that a record can you run on? >> i think few things are true. first of all, you are absolutely right. it's a tough environment and i think the president knows that. >> laura: called his record, right? >> most people agree that he inherited a very bad economy. >> laura: that's not what you run on. you don't run on inheritance. run on record.

>> difference between blame and responsibility. let's put that aside now. look at the polls currently. gallup shows that the president has moved ahead. he is now tied in the generic ballot against the generic republic. newt gingrich specifically while he -- as i admitted he did well in the debate last night and does well in these debates has decades of net unverifiable ratings. surging with republicans, primary voters a little bit. ultimately overall i think he is going to have some trouble. >> laura: do you think mark, at this point, the president can run at all on his record given the metrics, just objective metrics of where we are today? america in decline. influence around the world decreasing. we obviously see homeowners under water more so than ever. billions of dollars now requested additionally to fannie and freddie at the crux of this whole mortgage problem. how do you run on that? or do you just run on the do nothing congress? i guess that's the only thing can you do. >> that isn't the only thing can you do. i reject the premise. great foreign policy

successes. great policy successes. >> laura: like health care. >> we need tough decisions to get out of it yeah. i mean, people. >> laura: are we better off than we were four years ago? are we better off today than we were three years ago? >> oh, yeah. actually, we are. >> laura: that's not according to any poll out. >> there three years ago the economy was about to go into a depression and he stopped it. >> laura: that's the campaign theme? we almost went into a depression, obama 2012? i mean, that's not. >> and he saved us. >> laura: he saved us. okay. >> what we're going to run against -- what he's going to run against is that none of the republicans have a plan that's going to do anything. >> laura: he they all have plans. that's completely untrue. pro-growth reforms are all over the place. romney has one. obviously newt gingrich is more detailed than anyone other than romney. herman cain has a plan with numbers in it. i can't remember what it is right now. >> 9-9-9.

>> laura: see, branding works. mark, nice to sigh. congratulations new baby on the way. wonderful news. penn state students riot after the firing of joe paterno fired horrible sex abuse scandal. as graphic and disturbing details emerge from grand jury testimony, most folks off campus are wondering what took so long? that up next. ps. thermacare works differently. it's the only wrap with patented heat cells that penetrate deep to relax, soothe, and unlock tight muscles. for up to 16 hours of relief, try thermacare. remember when christmas was magical? let's get back there. santa's wonderland at bass pro shops has what we've all been missing, with the arcades, elves and even a free picture with santa. luck? i don't trade on luck. i trade on fundamentals. analysis. information.

i trade tradearchitect. this is web-based trading, re-visualized. streaming, real-time quotes. earnings analysis. probability analysis: that's what opportunity looks like. it's all visual. intuitive. and it's available free, wherever the web is. this is how trade strategies are built. tradearchitect. only from td ameritrade. welcome to better trade commission free for 60 days when you open an account. you know what else is early? medicare open enrollment.

now through dember 7th. can i stick with old medicare plan? sure! or find a new plan with better coverage, less cost, or both. medicare plans give you free cancer screenings and wellness visits and 50% off on brand-name prescriptions when you're in the doughnut hole it's part of the healthcare law. so it's time to look, compare... and choose the right plan for you. learn more at 1-800-medicare or medicare.gov.

>> laura: impact segment tonight. relative calm after riots following the firing of penn state coach joe paterno. he was fired after after a

child sex crime a number of them of course and a coverup. [shouting] [shouting] >> laura: students angry that their revered coach was not given the chance to finish the season on his own terms. >> he has done so much for penn state. he deserves to at least finish out the season or at least have one more home game like he did what he was supposed to do legally and maybe not fully but he should have done morally but, you know, he has done so much for penn state. >> laura: paterno alerted his bosses about the abuse but he never called the police and he let the matter drop. the pennsylvania attorney general says he won't be charged but the question is was he morally obligated to do more? joining us now from chicago is defense attorney steve greeneberg and from l.a. fox

sports.com columnist jason whitlock. let's start with you on this. for many of us who don't follow every detail of college football, we still know that joe paterno is this figure. he is a titan among the coaching world and beyond. known around the world and medal of freedom. that's been withdrawn now. what should very done that he didn't do just on a moral -- forget the legal aspect but on a moral basis? >> well, i think in 1998, when there was a first oncampus investigation into jerry sandusky and then he abruptly retired at the end of the 1998 season, at that point he should have had very strong suspicion. the campus police investigated jerry sandusky. in 2002 it's brought to his attention again and his former 30 year employee.

he should have brought jerry sandusky in his office and demanded an explanation of what transpired in that shower. if the explanation makes no sense or it appears that jerry sandusky is not being honest, then you have to call the police it's not good enough to pass it along to your athletic director who in reality reports to joe paterno. >> laura: steve, look at the facts of this case, some of them are so graphic and so disturbing. as a mother, it's hard to read and it's hard to take in. he was a coach. he was loved by all these players. and he heard about this. campus police investigated it. and campus police decided there weren't enough -- there wasn't enough information to go any further with it, right? there was some inappropriate conduct but it didn't rise to a sexual or otherwise improper level. but morally, when children are involved, what should paterno have done? >> i think he he did what he had to do. let's look at the facts of what happened here.

and then i think that if we look at the facts here, with hindsight we could say he should have done more. at the time this happened, someone came to him and said they had witnessed something in the shower. they didn't come directly to paterno, instead they went home and talked to their father about it they came to paterno a day or two later. paterno talked to his superiors about it. he convened a meeting. and at the meeting they discussed what happened and he was told an investigation was going to be opened up. so he did everything he should do. now, there is no information that he was ever told at any time that the results of the investigation showed there was any kind of misconducted at all. nothing happened to sandusky. so, paterno should not then decide to be his own lynch mob say well, i reported it, the university investigated it. the university is wrong. he didn't witness anything. so he relied on people who were in a position to do this. >> laura: let's get this straight. so he hears from this

assistant, this -- what is he called? >> mcquery, graduate assistant. >> laura: he hears this kid is naked in the locker room, a little boy with a grown man. and you are going to say on national television that this guy, this coach, who the great coach, didn't have a responsibility to go further than the athletic director? this is a little boy. if it were your son you would be happy with that explanation? i wouldn't be. if it were my son it would be bigger problems than the athletic director. i can tell you that. >> he did go further than the athletic director. the athletic director and the vice president. here, what about the 28-year-old who thought he he saw these things in the locker room and did nothing? he left the locker room. >> laura: he is another matter. we are talking about paterno. i agree with you about the 28-year-old. 100%. >> i saw this. but if someone said i saw and this i left the room i just let it go on. i would say something is goofy about that guy. he probably thought about it.

the story changed. but he told him to do an investigation. what more could he do? take a shotgun and blow the guy's you know what off? >> with a naked boy, with a grown man. in a locker room, doing something inappropriate. and conflicting reports on -- we will find out what paterno was told. we will find out more information, specifically. we will find it out. jason, again, with these facts, with joe paterno and the long time friendship with gary sandusky, i certainly hope we find out there was a rigorous paterno to sandusky cross-examination. yes, i mean a cross-examination. what the heck is this about? he saw new there with a naked boy and if this is true, dude, you are out of here. you are not coming back in it locker room. forget taking away your keys. i don't want to see you on the sidelines. the guy ends up back on the sidelines with other boys. i'm sorry, it stinks to high heaven to me. i think there is a lot of money involved and a lot of people worried about the reputation of another institution. that sounds familiar. go ahead.

last word. >> i think that steve can argue in the court of law. he we are trying to argue in the court of reality and common sense. and joe paterno just in january spoke before the grand jury about what was going on with jerry sandusky. there are multiple reports that in the last 11 months jerry sandusky has still been using the football facility. so, just 11 months ago -- >> -- did he something. he did report it. there is no coverup, if you report it. >> laura: why is a grown man in the locker room with a nude boy? that's the bottom line. we're missing the elephant in the room. there is a grown boy in the locker room with a nude boy touching him. okay? that didn't happen and you have got to go to the police. i'm sorry. i find the whole thing so infuriating i'm probably not even -- i'm too emotional about this maybe but it's a great conversation. gentlemen, it's great to see you both. plenty more ahead as the factor moves along this evening including more on the

penn state joe paterno situation. new poll showing who republicans think is going to win the g.o.p. nomination. we hope you stay tuned to those reports. i take my multi-vitamin

but wanted to do something more for my nutrition. there's so much information out there. what's good for you today, is bad for you tomorrow. i had no idea what to choose. until i found pronutrients -- a new line of supplements from centrum, who i totally trust. omega-3 supports not only my heart, but my brain and my eyes too. probiotics helps with my digestive balance and my immune function. and fruit & veggie has antioxidant properties. new pronutrients from centrum helps make nutrition possible. okay... uhh. the bad news, it's probably totaled. the good news is, you don't have to pay your deducble. with vanishing deductible from nationwide insurance, you got $100 off for every year of safe driving, so now your deductible is zero. the other good news ? i held on to your coffee.

wow. ♪ nationwide is on your side ( laughing ) it's actually a pretty good day whenou consider. that's great. diabetes testing? it's all the same. nothing changes. then try this. freestyle lite® blood glucose test strip. sure, but it's not gonna-- [beep] wow. yep, that's the patented freestyle zipwik™ design. did it just-- [both] target the blood? yeah, drew it right in. the test starts fast. you need just a third the blood of one touch.® that is different. so freestyle lite

test strips make testing... easy? easy. great. call or click-- we'll send you strips and a meter, free. free is good. freestyle lite test strips. call or click today. >> laura: factor follow up segment tent. g.o.p. debate came and went without anyone laying a serious punch on mitt romney. 45% of republicans now predict mitt romney will most likely win the 2012 presidential nomination. 13% predict will t. will be herman cain. 9% say rick perry. joining us now is the anchor of "special report" bret baier whose special on the upcoming iowa caucuses the fight for iowa will air tomorrow at 10:00 p.m. on fnc. get your take on this debate last night before we get into this special. perry gaffe dominated. herman cain turns out to have raised more money even since the debate and i mean 9 presidential total now? huge.

>> bret: $9 million in recent days. that is a big indication that people aren't buying the allegations as of yet. he hasn't slid in the polls as of yet. that's not to say it won't happen. but herman cain is still has momentum, even in a place like iowa where local polls had him trailing a little bit to mitt romney. >> laura: move on to perry because perry was criticized for trying to upstage the iowa straw poll made his announcement in the same weekend. people wondered whether he could make inroads in iowa. what about perry in iowa especially after this gaffe. >> that's the question. after this gaffe, are people looking at this as a seminole moment? is this building up to what was his vulnerability, which was performance in these debates and what does it mean for his fundraising and his supporters. in iowa we have spent more than a year on the ground with different voters undecided voters. in this hour we reali go behind the scenes and show you what is in the iowa caucuses. how they work.

their history. as well as these voters as they go through their decision process. it's amazing if you are one, a political junky. two, if you don't really know why iowa is first or how it works. it really kind of lays it all out there for you. >> laura: rick santorum people think he is only 2% in the polls. he has been in every single county. bachmann has been in almost every one as well. is there affection for that type of old style, you know, gum shoe politics where you are going door to door and meeting the folks that might not be reflected in these polls? anything there? >> the joke is that i really don't know this candidate. somebody in iowa would say, because he has only been in my living rhyme five times. that's the retail politics of iowa and iowa call us us -- caucuses. they expect that he is doing better than is he in national polls. and iowa always is a surprise. they always have something that's a little bit of a surprise whether it's 1, 2, or

3. the question is whether a candidate can take something there and slingshot into momentum in the rest of the campaign. right now mitt romney looks very effective in what he is doing. and obviously g.o.p. voters think he has a really good chance of being the nominee in the end. but they are still closing the deal. conservatives aren't buying it. >> laura: didn't show up at the straw poll and again you were there. i was there. on the ground in iowa people at the time were kind of offended by that he didn't spend time in iowa. but now it's kind of becoming the narrative that well, it's going to be romney. go to intrade.com. all the bets are going on romney still even after the cain increase in momentum. take us to january 3rd. it's the day of the iowa caucuses. people think you show up and vote. what really happens? tell us. >> bret: republicans do it different than democrats. democrats you have to go in and you have to stand in different parts of the room. republicans still do a secret ballot. but, they do go to these different caucus sites. different precincts throughout

the state and they talk about the candidates. they debate the issues and then they vote. grass roots, get your folks out. usually 30 below and usually snowing. it is an amazing microcosm of organization that's really what makes iowa work. i think -- there is interesting thing. it's a primary and caucus system within the big primary system in that there -- the conservative side of the party is trying to pick out who is going to be the alternative to mitt romney and who is then going to battle for the last man standing or woman standing as it would be into the spring. >> laura: remember last time mike huckabee wins the iowa caucuses and mike huckabee obviously couldn't take on the cain machine and couldn't raise the money that he needed to raise. and he ultimately dropped out. so people think iowa sometimes is a hill to win but also ends up being a hill to die on. could that happen again here?

given the makeup of iowa and the odd structure, interesting but still odd to most the country structure of these caucuses? >> that's the question. is iowa the factor? can it be a slingshot for somebody else besides romney? now, if romney polls off a win in the iowa caucuses, then it changes the whole dynamic and then these polls that say is he going to be the nominee will probably be accurate. >> laura: why talked to gingrich earlier. he says he doesn't have to win iowa but he has to come in high in iowa. but, in real cities stickily doesn't someone like a gingrich, i mean at least come in second? but probably win? you need some momentum building because romney pretty much has it sony up in new hampshire, south carolina is anyone's guess yet. jim demint has not endorsed anyone. >> if newt gingrich comes in first, obviously that's true. second, don't know. but one or two to get his ticket punched one would think. >> laura: we're going to watch friday 10:00 p.m. bret, always great to see you. >> thanks, laura.

>> laura: as the winningness coach in college history joe paterno is fired over the telephone after a 46 year career. stay with us. ♪ our machines help identify early stages of cancer, and it's something that we're extremely proud of. you see someone who is saved because of this technology, you know that the things that you do in your life matter. if i did have an opportunity to meet a cancer survivor, i'm sure i could take something positive away from that. [ jocelyn ] my name is jocelyn. and i'm a cancer survivor. [ woman ] i had cancer. i have no evidence of disease now. [ woman #2 ] i would love to meet the people that made the machines. i had such an amazing group of doctors and nurses, it would just make such a complete picture of why i'm sitting here today. ♪ [ man ] from the moment we walk in the front door, just to see me -- not as a cancer patient,

but as a person that had been helped by their work, i was just blown away. life's been good to me. i feel like one of the luckiest guys in the world. ♪ i took some steep risks in my teens. i'd never ride without one now. and since my doctor prescribed lipitor, i won't go without it for my high cholesterol and my risk of heart attack. why kid myself? diet and exercise weren't lowering my cholesterol enough. now i'm eating healthier, exercising more, taking lipitor. numbers don't lie. my cholesterol's stayed down. lipitor is fda approved to reduce the risk of heart attack and stroke in patients who have heart disease or risk factors for heart disease. it's backed by over 19 yes of research. [ femalannouncer ] lipitor is not for everyone, including people with liver problems and women who are nursing, pregnant or may become pregnant. you need simple blood tests to check for liver problems. tell your doctor if you are taking other medications, or if you have any muscle pain or weakness. this may be a sign of a rare but serio side effect. [ man ] still lo that wind in my face

talk to your doctor. don't kid yourself about the risk of heart attack and stroke. if lipitor's been working for you, stay with it. lipitor may be available for as little as $4 a month with the lipitor co-pay card. terms and conditions apply. learn more at lipitorforyou.com. gives you a 50% annual bonus! so you earn 50% more cash. according to research, everybody likes more cash. well, almost everybody... ♪ would you like 50% more cash? no! but it's more money. [ male announcer ] the new capital one cash rewards card. the card for people who want 50% more cash. what's in your wallet? woah! [ giggles ] but think about your heart. 2% has over half the saturated fat of whole milk. want to cut back on fat and not compromisen taste? try smart balance fat free milk. it's what you'd expect from the folks at smart balance.

>> laura: thanks for staying with us. i'm laura ing gram in for bill o'reilly. fallout from the sex abuse scandal that has devastated penn state and cost legendary penn state football coach joe paterno his job. even though the attorney general says it will not file criminal charges against paterno he may still face civil lawsuits. joining us now from davey, florida. former prosecutor and criminal defense attorney mark and here in d.c. former prosecutor and telephone based attorney fred tecee. >> thanks for having me.

>> laura: campus police did an investigation in 1998. >> shah schultz knew about. >> laura: we had a mom interviewed and it looks like sandusky kind of shrugged soldiers -- shoulders and said something might have happened. this case got shuffled through the system. powerful men involved. lots of money on line with the football program. the board of trustees still in place today. the guy saw him in the locker room still going to be coaching this weekend. how is this happening in the united states of america? i don't get it. >> it turns my stomach as to what happened. and i say this all the time, laura. add versz city doesn't build character. it reveals character. when these people learned what sandusky was doing, they should have been screaming and yelling at the top of their lungs. i tell people this all the time. >> legal obligations. let's go to legal obligations because i will vent about the ethical obligations. what was the obligation on the part of the 28-year-old assistant and then paterno? >> under the pennsylvania code your obligation is to tell a superior and their obligation

is to ultimately alert the state. so paterno and mcqueary. when they tell paterno and shoults they have met their obligations under the letter of the law. >> laura: let's go to you on this because to me i think about this and i think legally, you always have this scenario where failure to report, kind of difficult to enforce and who directly is the official covered under this statute? who is the official directly covered? why isn't it the 28-year-old who walks in there? he is out there you know, on the sidelines this weekend. why isn't it his obligation? >> i can't answer everything. i do know a strong argument can still be made that joe did not give an honest reporting. it depends on what he said. the statute requires an honest reporting. if he either minimized or disingenuous in what he was told and then conveyed. then he he would still, i think, arguably has some issues. ultimately i think the right

decision was made criminally. you could still make the argument. >> yeah. they are not going to file criminal charges. >> they are not. no. >> what about the civil liability? think the money paterno has made for penn state over the years. >> penn state better get their checkbook out. >> defense attorneys swarming on this case. >> a lot of zeros. >> laura: victims apparently more than a dozen now have come forward. learn more in coming days. we are talking about abuse charges for civil liability. punitive damages. >> correct. >> mental suffering. i mean, these damages could be in the tens of millions of dollars. >> tens of millions in pennsylvania. we had big verdicts in philadelphia county in pennsylvania. if they end up getting sued anywhere out of state college those numbers will be huge. you think the deficit is huge in pennsylvania now wait until this case is over. >> laura: talk about the federal investigation that's ongoing, marc, the feds are looking into. this department of education, financial assistance goes to penn state there san obligation to report criminal activity on campus.

you have to keep a specific log. it has to be detailed and that's useful information for everyone to have. and now it looks like maybe the logs weren't kept. maybe the information wasn't as detailed and reported back to department of education. how big a problem could they be in there? >> well, i think it's pimple on the butt of their problems. it's the cleary act. apparently the most you could face is a fine of 27500. >> laura: per act. >> so maybe it mounts. the reality is whether you have officials reacting to the news of child rape, the same way i reacted to my wife when i heard that the kardashians were getting divorced. you know, kind of like who cares? there is a problem and you are going to be hit a lot harder than a simple cleary act violation. >> laura: fred, more charges could come could they not and other officials at the school who did nothing and could have lied or covered up. >> if i was a prosecutor still i would be rolling up my sleeves and i would follow the evidence and i don't care where it took me. i would go after every single

one of those people and see that justice was done for these poor children. >> what about joe though? there is is an argument to be made. again, the issue is, again, they are all abhorrent. the question is, legally in the civil arena. did he act reasonably and those people flipping over cards that might be on the jury will say he did act reasonably. >> >> laura: we appreciate. it. rawrn, china, collapse of the european economy in the next president is going to have to deal with all of this. what are the g.o.p. credentials. we will run them down for you when we come back. advil congestion relief reduces swelling due to nasal inflammation. so i can breathe. [ mucus ] advil congestion relief.

♪ small talk, big thoughts, gonna tell them all ♪ [ male announcer ] the most headroom per dollar of any car in america. from $10,990. the all-new nissan versa sedan. innovation upsized. innovation for all. ♪ ♪ small talk, big thoughts, gonna tell them all ♪ [ male announcer ] the most legroom per dollar of any car in america. from $10,990. the all-new nissan versa sedan. innovation upsized. innovation fo all. ♪

>> laura: in the back of the book segment tonight, the next president of the united states is going to have his hands full when it comes to dealing with iran, iraq, china, greece, and the list goes on and on. so which g.o.p. candidate is best suited to handle these

complicated foreign policy issues? joining me now and the author of the brand new book blink of an eye, former secretary of defense william cohen and your 12th book, i mean, you are so prolific. seems like last book just came out. congratulations. >> thank you. >> laura: let's talk about the g.o.p. and foreign policy. not gotten a lot of discussion in these debates so far. first rick perry. he had a bad night last night. he has been out there talking about iran. some folks think how is your iran approach going to be different than obama's or even george w. bush's? >> looking at the candidates, i would say if you had to assess who had the most experience, it would be jon huntsman. having served as ambassador to singapore and ambassador to china, having worked for various republic presidents. >> laura: is he not going to be the nominee. if he is going to be the nominee i will be the nominee before jon huntsman. >> that's true. you are asking about foreign policy. >> laura: who has a chance. >> newt gingrich is probably the most experienced in the field if you are not looking

at huntsman. i would say obviously governor romney would have some credentials as well. i think rick perry, governor perry doesn't have credentials in that field. doesn't poor tend to. >> laura: cain gooched around about ukstan. i'm not sure most could rattle off the president either. unserious approach to attorney policy. raised $9 million. way up in a lot of the polls. how do you account for that? is foreign policy not going to be that important this election. >> foreign policy is secondary or territory sherry as such. economy is a big issue. that's why the tension is focused on that and not much discussion on foreign policy. once you get into that office, foreign policy takes over. hard to separate economic issues. you talked about the eu, what's going on in europe and taking place in greece. how does italy effect us? all of those issues come rushing at you the moment you walk in that office. >> laura: you look at the g.o.p. field you have to

contrast it to what's happened over the last two and a half years with our foreign policy. going back to the eu meeting last week president obama goes over, geithner comes with him. and pretty much gives a speech about his jobs bill, but doesn't really -- isn't in a position to direct the discussion. influence on the wane, america the thought is in decline. grade his foreign policy over the past three years. >> we don't have a strong domestic economy so other countries are not taking us seriously. who are we to lecture them when we haven't got our house in order. the first thing has to be done is get strong here. we are not strong here. that's why the debate is focused mungts all the candidates how do we create jobs and reduce the deficit? what's a credible fan. the $1.2 trillion is not serious enough. look at the big picture, 3, $4 trillion if we're going to get the attention of the wall street but also the international community we haven't done that yet and i'm

not sure the select community will benefit. >> laura: who benefits the most? people doing political calculations on the super committee. not to get too wonky. can't come to agreement. democrats said noe no to $500 billion in additional revenues. does this help obama he can say look, do nothing congress, help him? >> i think he will say that whether it's going to help him or not. >> laura: does he want to to succeed. >> if we wait another year with this kind of stagnation paralysis, i think our credibility goes down even much further than it is. >> laura: secretary cohen great to see you as always. pinheads and patriots on deck starring herman cain and nancy pelosi. quite the duo. p and p up next. copd makes it hard to breathe,

so i wasn't playing much of a role in my own life, but with advair, i'm breathing better so now i can take the lead on a science adventure. advair is clinically proven to help significantly improve lung function. unlike most copd medications, advair contains both an anti-inflammatory and a long-acting bronchodilator, workintogether to help improve ur lung function all day. advair won't replace fast-acting inhalersor sudden symptoms and should not be used more than twice a day people with copd taking advair may have a higher chance of pneumonia advair may increase your risk of osteoporosis and some eye problems.

tell your doctor if you have a heart condition or high blood pressure before taking advair. if you're still having difficulty breathing, take the lead. ask your doctor if incling advair get your first fl prescription free and save on refills at advaircopd.com. can make it from australia to a u.s. lab to a patient in time for surgery may seem like a trumped-up hollywood premise. ♪ but if you take away the dramatic score... take away the dizzying 360-degree camera move... [ tires screech ] ...and take away the over-the-top stunt, you're still left with a pretty remarkable tale. but, okay, maybe keep the indulgent supermodel cameo... thank you. [ male announcer ] innovative medical solutions. fedex. solutions that matter.

>> finally, pinheads & patriots. last night's g.o.p. debate provide some of the most memorable moments of the debate. cabe cain was in on the action, while talking about an alternative to obamacare. >> legislation has already been written, hr3,000. in the previous congress, it was hr-3400. it's already been written. we didn't hear about it in the previous congress because princess nancy sent it to committee and it never cameoud. hr-3,000 allows the decisions to bed with the doctor and it is patients, not with the

bureaucrats in washington, d.c. >> so, is cain a pinheads & patriots for calling former speaker pelosi, princess nancy? you make the call. if you buy a copy of "killing lincoln," bill's publisher will send a corresponding copy to the military overseas. also, check out the bolder, fresher dot-com web site for details about how to see dennis miller and bill live in richmond, virginia. be sure to check out my web site. very cool. remember, you can become a laura 365 member, hear my radio show any time of day you want and you can get a copy of my hilarious knee slapper. it's a great book. i'm laura ingraham, in for bill o'reilly. the spin stops right here because we are always, always lookint