let greta know what you thought about tonight's she and keep it here on fox news channel. have a great night. greg gutfeldl o'reilly. starting right now. >> greg: "the o'reilly factor" is on. tonight: >> i'm going to do something to government. i'm going to make it simpler and smaller and smarter. >> have somebody who was a massachusetts moderate to have him run a commercial that questions my conservatism? i have been a conservative my entire life. >> only one week until the iowa caucuses and the race for the g.o.p. presidential nomination is up in the air. we will take you to the hawkeye state for a preview of this unpredictable political showdown. >> your plan essentially is one more big government, bureaucratic, -- >> greg: not so fast, mr. speaker. new report says newt gingrich supported romney care before he opposed it. but there is more to this story than meets the eye. we will break it down for you. [shouting]

>> oh my [bleep] >> mall brawl alert. massive fight breaks out at the mall of america in minnesota. you won't believe the cause of the chaos. [bleep] >> greg: caution, you are about to enter the no spin zone. the factor begins right now. captions by closed captioning services >> greg: hi, i'm greg gutfeld in for bill o'reilly. thanks for watching us tonight. with the iowa caucuses just one week away, the candidates have flooding the air wafsz with last minute ads which could make a difference in a tight race. mitt romney out touting himself as a conservative businessman. >> i'm going to do something to government. ism going to make it simpler and smaller and smarter getting rid of programs, turning programs back to states and finally making government itself more efficient. i'm going to get rid of obama care. it is a moral imperative for america to stop spending more money than they take in.

it's killing jobs and it's keeping our kids from having the prospects they deserve. >> greg: and perhaps to prove he is still here, rick perry also released an ad blasting many of his opponents and congress. >> if washington is the problem why trust a congressman to fix it. among them they have spent 63 years in congress leaving us with debt, earmarks and bailouts. congressman get 174,000 a year and you get the bill. we need a solution. >> meantime, newt gingrich hit the campaign trail in iowa today and focused his attack on mitt romney. >> but to have somebody who was a massachusetts moderate who said he did not want to go back to the reagan bush years. who voted as a democrat for paul zongal, who campaigned to the left of teddy kennedy. recently ran governor moderate pragmatic guy. to have him run a commercial that questions my conservatism? i mean, i have been a conservative my entire life.

>> what happened to captain positive? and then there is ron paul who is near the top of some of the latest iowa polls is facing intense criticism over news letters written under the banner of his name almost 20 years ago some of which included racist statements. congressman paul has said he did not write the news letters and he disavows them. joining us now to sort this all out from iowa our news correspondent steve brown and chief political correspondent carl cammeron. carl, good to see you. you look as charming as ever. what's going on out there in iowa? >> we actually had one of the places where it's happening right now. rick perry conducting a town hall meeting. got to go with the golfer voice here. >> greg: i like it? >> standing here with a crowd couple hundred people. the crowds are beginning to grow and people are beginning to make up their mind as the caucus is less than a week away. there is really two important headlines today. two things we were told would not happen this year. one, newt gingrich is aggressively criticizing one of his rivals mitt romney.

mr. gingrich had said he would be relentlessly positive and not criticize his rivals and not violate the 119 commandment. today newt gingrich is doing that. it's been ramping up for the past week and now we are in the final week and gingrich is going at mitt romney's integrity as a conservative and potential president. conversely mitt romney has been keeping iowa at arm's length not campaigning aggressively here until this very week. he will be arriving in iowa now tonight and he will kick off a bus tour which will take him across iowa and is he really going all in the first call cus state. there will be ads and town halls and radio spots. direct mail, phone banking galore. so the romney campaign is playing to win this having spent much of the year trying to hang back to not look like he was trying too hard. it's an open question as to whether or not either romney or newt gingrich can actually pull this off in large measure because of what has been happening withon paul. he leads the polls which are not conclusive in iowa. it's about ground game and organization in the caucuses

and ron paul does have an organization. it's worth remembering that both romney and ron paul ran here four years ago they had residual organization in an ability to tap those resources that helped them four years ago and use it now a week from tonight. >> greg: carl, golf voice is as soothing as baby in warm milk. steve, you brought up ron paul and i keep hearing about how weather is going to play a role like if it snows mitt romney's supreme are going to stay in but ron paul's people just put on the snow shoes. >> the nightmare scenario for a lot of the iowa campaigns, competing campaigns is that if the weather goes bad, then ron paul's people will show up because of their relatively fanatic call devotion to the guy. folks describing them from other campaigns as folks that would walk right off a cliff for the congressman. they are very devoted. they are very energized. one of the things that you can point to today, we had a photographer go over to the ron paul headquarters and went to a bunch of them and it was

the most active. bunch of people phone banking and they were actually reaching and talking to people. and that's really important as we get down to the end of it because it's all about mechanics. it's about making sure that people know where their caucus place is. and that's a lot of what goes on with these phone calls. making sure they show up if they need a rye. do you know your next door neighbor who is also going? and this group, by acclimation by other campaigns has the best organized campaign. they have also been very secretive about what it is they have been doing. they will not disclose how many offices that they have. we know they have more than one. they won't disclose how many are on iowa paid staff payroll here in the state of iowa. they are not willing to talk about things like phone call numbers and that sort of thing. simply because they are positioned really well. to do-make some noise come caucus night here. i have yet to talk with a campaign who does not think that ron paul is a solid lock

for a top three position. winning it is a complete possibility. and that may be whether it's nose or not, greg. >> greg: carl, do you think these news letters or the fact that we're now talking about the news letters two decades later is having any impact? >> probably not so much, greg. the truth of the matter is ron paul's supporters as steve was saying are very devoted really passionate and entirely energized. they will come out and disbelieve any criticisms of ron paul and attribute it to the media trying to smear. ron paul's enthusiasm is limited to 20% to 25% in the polls. he he has been ascending and garnering more organization for you will of this. sense of frustration across the board with republicans. those folks looking for a conservative alternative to mitt romney and don't like the idea that after the 2010 tea party midterm elections that they are possibly going to have to settle for somebody who isn't as ardently

conservative as what really rose to prominence last year in the midterm elections and what an awful lot of the candidates have been talking about on the campaign trail up until now. sort of rock ribbed original founding principles of american conservatism. then there is the question of folks who have misgivings about newt gingrich hearing he has been inherited the cain support, formerly the perry supreme court, formerly the bachmann support. too much baggage and can't serve as a nominee who can beat barack obama. you have the question of ron paul and whether or not the republic party actually wants somebody who is a fiscal conservative on domestic issues but on international affairs is out of step with a lot of the mainstream of the g.o.p. there is a sense that despite all of the antipathy of president obama and the enthusiasm that republicans have to oust him their choices are not what they had hoped for and they are going to have to settle for somebody who they are not entirely convinced can actually oust them even though they think the president is beatable they are concerned this nominee may not be the best one. in iowa there is one other

contradiction that you have to remember here, greg. the american republic conservative side of the -- politic saying they want an outsider. here in iowa the caucuses are run and the caucus goers are themselves deeply involved in politics. the median age is 6 a years old. many of these people have been to caucuses year after year after year and they want to see iowa pick a winner. they are not necessarily looking always for ideology. a large portion of folks want to see somebody who can then go out and capture the nomination. half of the time the iowa caucus winner has gone on to the nomination. that's what's what they are looking for this time. a lot of people have concerns whether ron paul can carry that ball. >> greg: thanks again. even hearing in that soft voice i learned a lot. steve as well. newt gingrich a critic of mitt romney's massachusetts health care law. was apparently however, once a fan. we will explain. later, why are some democrats afraid an improving economy will hurt president obama's re-election bid? we'll be right back. ok! who gets occasional constipation,

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woah! [ giggles ] >> greg: in the impact segment tonight, romney has faced criticism over the health care bill he passed in massachusetts. one of his critics has been former speaker newt gingrich. >> your plan not obama care. that's not a fair charge. your plan essentially is one more big government bureaucratic system which candidly could not have been done by any other state because no other state had a medicaid program as laf vish as yours and no other state got as much money from the federal government from the bush administration for this experiment. there is a lot of big government behind romney care not as much as obama care heck a lot as your campaign has admitted. harsh, however today the "wall street journal" reported on a 2006 newsletter showing

gingrich actually praised roment any's health care plan saying, quote, the health bill that governor romney signed into law this month has tremendous potential to affect major change in the american health system. we agree entirely with governor romney and massachusetts legislators that our goals should be 100% insurance coverage for all americans. well, today gingrich dismissed the report as old news and explained why he changed his mind. the difference between romney and me is i have concluded i'm prepared to say publicly i concluded as well as the heritage foundation did that idea didn't work. romney is still defending the mandate that he passed. >> greg: with us robert zimmerman a strategist and member of the democratic national committee. joining us from las vegas, gosh knows what he is doing there chip saultzman who managed mike huckabee's 2008 presidential campaign. i want to go to you first, chip. will this flip flop hurt newt gingrich in the iowa caucuses. >> he flip flopped there is no question. but he flip flopped to the

right side of where the voters are on this. they don't like big government health care systems like what happened in massachusetts. they certainly don't like obama care. i think what speaker gingrich left out is oh what a difference a campaign year makes. this is campaign election flip flop for speaker gingrich. that's what you are going to see happening. >> chip, difference pressure comes from the extreme right wing makes. the issue here is here. chip, minnesota mitt romney, newt gingrich and the whole team they are so desperately trying to appeal to the extreme right wing of their party they're losing all credibility. as we know the mandate was initially a conservative principle. that was articulated by orrin hatch and defended by the heritage foundation amongst other leading republic organizations. >> i think what conservatives will tell you is they are trying to figure out solutions to many of the health care problems. what happened in massachusetts probably most people say did not work. what happened with president obama's health care system has

not worked. premiums are going up. prices are going up. people are getting worse coverage. prices are going across the board. >> this is not what is going to work. >> chip, give it a year before you put those talking points in place because the plan hasn't been implemented yet. the bigger issue is watching the republic right wing so dominate the republic party. mitt romney who says he wants to deport 11 million immigrants. newt gingrich saying he wants to overturn the supreme court. where do they get their history lessons from michele bachmann? >> the history lesson comes from 2008 when the progressive party took over the democratic party. right? >> actually, quite to the contrary. >> there is no pressure from the left wing to president obama. that's because the pipeline. no problem from the left wing stopping the pipeline in this last jobs bill. none at all. the left wing dominates the president obama. that's why it's been a struggle with jobs. that's why the pipeline is not going to make it in february. >> that's why obama's approval ratings are going up. >> greg: going up and going

down. like a roller coaster. >> in every match up between romney and obama he he is ahead. >> what happened to jimmy carter didn't quite make it to re-election that's what you will see with president obama. >> move on. according to the latest data. financial gap between americans and representatives in congress has widened considerably. just yesterday, hawaiian newspaper reported that house minority leader nancy pelosi spent christmas eve in a 10 grand per night hotel suite in hawaii. i don't know. i think she deserves that. she has been working hard, robert. >> here you go again. this is typical of the right wing attacking 1% of american. trying to have class warfare with members of congress. >> that's crazy. >> these are job makers. >> yes, exactly. >> the bottom line is that number about nancy hotel's suite not confirmed. what she does with her own money. massage treatment or day at the spa that's her business. as far as i'm concerned she has earned it. >> i don't know. she does look like a

hypocrite. here is somebody who is falling in love with occupy wall street at the same time living like she works on wall street. >> it certainly doesn't look good. but it's going to pain me to agree with robert just a little bit. i think it is her own money. she can do whatever she wants to. out there banging away on the 1% and staying in a $10,000 suite. it doesn't look good. probably the paper wasn't happy to read that in the paper today. she is worth $100 million. if she wants to go stay in a $10,000 a night suite she should be able to do that. >> why do they keep choosing hawaii. go to a place like when somebody hears you are going to hawaii. they just feel jealous. they are envious and that's why it becomes a story. >> get in touch with the people and stay in the hamptons. >> exactly. >> martha's vineyard that's where the real people are in the democratic party. >> as opposed to the republic party south of france. >> we are all in iowa this week. we are talking to real voters. >> all right. i want to talk about joe biden. he wrote an op. ed piece in the des moines register

saying, quote, romney appears satisfied to settle for an economy in which fewer people succeed while the majority of americans are left to tread water or fall behind. never mind the meaning of what that is because i'm not clear on it but why is joe biden writing an op. ed about mitt romney, robert? >> because we democrats are taking the case directly to the people. and we're not going to be on the defensive. >> why romney? why now? >> clearly romney has build a national campaign structure and that has to be recognized. of course, he has 80% of the republicans apparently voting against him in iowa. you can't break through 25% or 22% in most polls. so the point is because he has been out there with the national campaign, i think it's a pragmatic issue. the bigger challenge really is not what joe biden says. it's whether the republics can reach the independent voter. and as long as they want to rewrite the constitution, and try to trash the issues like newt gingrich does of separation of powers. they are going to ultimately lose independent voters and lose all credibility in this

process. >> chip, why is he writing -- >> -- this is real simple. >> greg: go ahead. >> this is real simple and i will spell it out for robert because i know in washington sometimes it gets lost in the shuffle. >> you spell it out for me. i'm in new york. >> new york. they think mitt romney is going -- they know barack obama can't be reelected based on what barack obama has done. they have to muddy the waters. whether it's mid romney and newt gingrich or whoever. they are starting that process right now. >> chip you know and i know. >> des moines register and start muddying the waters. they can't win on merit. >> politics is not a referendum. politics is a choice. it's going to be a choice between president obama and what he puts forward in the agenda and the republic agenda, which is to go back to the bush economy. >> all right, guys. >> if the choice is what barack obama has done the last four years i will take that choice. we win next november. >> greg: all right chip, robert, thanks. up next, surprising new polling for president obama. why do some democrats think improving economy will hurt his re-election bid? later, chaos at the mall of

america. as cops get called in to break up the brawl. right back with it.

>> greg: in the factor follow-up segment tonight, president obama may have gotten a belated christmas gift yesterday when the latest gallup poll showed his approval rating was higher than his disapproval for the first time since july. the good news was short-lived as today's poll shows 46% approving of the job the president is doing and 48% disapproving. however, some of the president's supporters are worried that if the economy approves too quickly it could hurt his re-election chances. >> if his numbers get down lower in the beginning of the year. 8.4% unemployment rate and it climbs back up again, that's bad news for him.

>> better off with a higher unemployment rate this month coming up than a very low one. >> who is that guy? joining us now from washington fox news analyst mary katharine ham and here in the studio i have to endure him fox news radio star alan. >> could you say legend? >> greg: you are a legend. you are a legend here in this room. i have got to ask you, you were probably so excited to come here. we had the data from yesterday. >> any time can i spend with you. >> greg: numbers going up. you were thrilled and then back down. >> oh my gosh it's up, it's down two points. it's within the margin of error. going in the right direction. clearly because the republicans are imploding they don't have a message the president's numbers are doing fairly well at this point. pretty much where he should be. >> greg: this is a no spin zone, sir, you just spun that. >> poll numbers are cheap party balloons at a kid's birthday party. >> every time it goes down two points republicans go oh great he is doing terrible. they glom on to anything they can to prove they can do

better. >> greg: i'm not one of those people. i look at the polls and fall asleep. >> who beats romney in a matchup. romney and gingrich. obama wins as of now though. looking at today's polls. >> it's too early. >> talking about what's happening today. >> looking at poll numbers now is like seeing a burger king commercial at 10:00 a.m. you are not ready for it. is it fair to say that obama is inching up in the polls? >> i think the trend is very slightly moving up for him. there is probably three things involved. the christmas spending and some of the better slightly better economic news although unemployment rate went down largely partly at least because the workforce is shrinking. that's not great news. i think iraq troops may be coming home and yet another fight in congress. probably goosing his numbers a little bit and while i think it's dangerous to say that republicans are golden here, obviously it's going -- anything is transient. it's also silly to say he is where he wants to be. a year out from re-election. george w. bush he was in the 50s. we would have looked at that

and said he wasn't where he wanted to be either. i think in the high 40s is not where you want to be. it's -- nobody has been reelected under 48 except for truman are you. >> greg: except the news has been bad for so long they will take anything they can get. speaking alan, isn't it kind of gross when a political party roots for the country to do bad so the party will do good? >> who is doing that? >> well, there is some people like chris matthews. >> i didn't see chris matthews routing for the country to do bad. analysis saying there is an arc to an election. there is a time you want to be in a certain place. i don't hear any democrats wanting to do bad. the party that wanted to raise the debt ceiling. wants to pump money into the economy. >> actually give people jobs and wants to do everything it can to save the economy. they are the ones that want to do bad as opposed to

mcconnell. >> greg: this reminds me during the iraq war people on the left wanted bad news. they couldn't bear that -- >> who wants bad news? it's absurd. who on the left wants bad news? >> greg: they love bad news. >> who? who right now? >> greg: i had to sit and endure these horrible people rooting for people putting their lives in danger. >> look how well you survived. who right now wants democrats to do -- wants the country to do badly? who in the democratic party wants that? >> one of yours. i want to ask m cath. do you think the reason obama's numbers doing well media loves him and just had the 60 minute interview that was just, you know, a love fest. i mean, do i think he gets anot. not something republicans can whine about need to move on and deal with i do think that the unemployment rate is over

8%. has been for quite some time. has not been closely followed by economic boom as it was in the 1970s and 1980s. he would be having more to be answer for if he were a republic. he had some resilience and that's something we need to remember. sure, no people have been reelected under 48% approval. the president has shown his ability to do things that are unlikely in the past. that's something republicans need to keep in mind. when you are going into the election. our message is hey you spent a trillion dollars on the stimulus, look where it got you. he is pitching willie. >> what's the republic plan mary katharine? >> did something different. i have heard nothing new being offered by the right. >> getting us nowhere. >> tell me what the new plan is. >> make things different that is going to create the jobs? what's the plan? >> voting out obama. >> barriers that he claims he wants to take down and keeps adding.

>> less than a trillion dollars for losing jobs would be a step in the right direction. >> republicans other than tell it us where the money is going to come from spending money to get a crappy unemployment rate. >> i want to ask you before you go what do you make of in the green room outraged over nancy pelosi and that $10,000 a night you were screaming. >> i don't believe that was me. i think the screams were coming from the other side. >> i agree with actually your guests. both of whom basically said. you rich capitalists on the right you should like. she is putting money back in the economy helping the working people at those hotels. a democrat saying don't go to vegas. as long as don't take my money and spend it on green energy then i'm okay with it. >> unfortunately that happens far too often fossil fuels are awesome. >> always a pleasure seeing you in the halls by the way. i tried to ignore you but it

doesn't work. plenty more ahead as the factor moves along this evening. bill clinton, bill o'reilly face to face, the former president enters the no spin zone, then, a huge brawl breaks out at the mall of america. but why? our is it legal team is investigating. we hope you stay tuned for those reports.

>> greg: in the factor

flashback seeing want tonight, the bill clinton interview. in case you missed it, the former president entered the no spin zone last week for the first time ever it was bill vs. bill as the two discussed the current political landscape including president obama's re-election chances. >> bill: okay, now, president obama, his chances to be reelected are, i would say, 50/50 at this point. would that be fair. >> i think they are better than that. >> bill: why would you think that when most of his polls show 40s and most of the country feel he is headed in the wrong direction. >> his approval is up in the last few weeks and this payroll tax cut where is he for it and it looks like the house may not be. >> bill: that's transient. >> their approval rating is down to 11%. i think and let me also say because i think is he out there running against himself now. as soon as he gets an opponent, it will be. >> for the next four years who do you think is likely to take us in the right direction? >> bill: i think it's going to be a referendum on president obama anyway no matter who it

is. you work with newt gingrich. you respect him? >> i respect his ability to think and do and i eventually hammered out a really productive relationship with him. >> >> bill: do you respect him as a man? >> i don't disrespect anybody who works with me in good faith. i think he was way more political than i would have been. he has defended what he called scorched earth politics. i certainly was the beneficiary of it. >> bill: did he use unfair tactics on you? >> it depends on, you know, not in his mind. >> bill: in your mind? >> i didn't think about it like a that. i either liked it or i didn't. >> bill: was he an enemy of yours while you were in the white house? >> until he got to be speaker and until the government shutdown changed the public

mood. >> bill: then daytime. >> we worked together for five years. >> would you vote for him? >> no. i'm going to vote for obama. >> bill: why wouldn't you vote -- just take the president out of the equation again. a good democrat. why wouldn't you vote for newt gingrich. why wouldn't you cast a ballot for him. >> i can't take that out of equation. i believe in a whole different direction and energy policy. i think the president has done a good job on foreign policy. i think that we have got a better economic strategy now going than one is he likely to implement. let me just say. this when we were working together, i enjoyed it and i think he has a lot of knowledge, and i think he comes up with quite creative ideas. purpose for the primary is to test everybody's strength and weaknesses. >> bill: the mettle. >> everybody has strengths and weaknesses. this has actually got an interesting dynamic now between newt gingrich and

governor romney. >> bill: what about romney? do you know him? >> a little bit. i always, unlike you, i like the massachusetts health care bill. the massachusetts system is more expensive than the rest of america but it was before the health bill passed. inflation and health care costs in massachusetts have been less in the country as a whole since it passed. >> bill: okay. if you had to vote between romney and gingrich. if you snuck up to new hampshire because anybody can vote in that primary you go for? >> i am not going to get in that republic primary. [ laughter ] >> there is no way you can ask me. >> bill: all right. i also like huntsman and if i voted for him i would be in the 1%. he arguably has the most consistently conservative economic record. >> bill: he did very well in utah. there is no doubt about it. >> when your wife is running against barack obama in new hampshire and this must bring back memories to you. the press favored obama. correct? >> oh, i think -- yes. >> bill: no doubt about it i don't think there is any doubt that the american press

favored barack obama over hillary clinton in the primaries. now, is that going to happen again? is the american press going to favor barack obama over the republic candidate? >> we'll just have to wait and see. >> bill: you know the answer is yes. now my question is -- why does the american press favor the more liberal candidate? >> well, i think it was more to it than that last time. but. >> bill: they didn't like your wife because of what reason? >> i'm not going there. she is the secretary of state, nothing i say can be helpful on this. >> bill: all right i respect that. >> i'm going to keep my opinion to myself. >> bill: i respect that you obviously have thought about this and you have thought about the media and how it handled the primary the democratic primary last time. can i see it your eyes and i respect the fact that you don't want to burn any bridges here but there is and this is the fox news channel now. you are in the no spin zone. this channel was created

because of the labyrinth that the media had set up that was largely liberal. you were a beneficiary of it too, a little bit against bush the elder. and it still is there to this day. generally speaking, why is the media more liberal than conservative? >> i don't know that it's always been that way for example in 19 2 when i ran, i was hardly the beneficiary of it in the primary not in the primary but the main you were. >> i was the flavor of the day: they always like what's new. and they always like a conflict and they always like a story. but nothing i can say will contribute to anything good happening in america. [ laughter ] >> so i'm not going to contribute to that. >> bill: all right. >> greg: by the way see the entire unedited interview on bill o'reilly.com.

a that lay in a minnesota mall caught on camera. you won't believe what caused it legal is

>> greg: thanks for staying with us. i'm greg gutfeld in for bill o'reilly. in the is it legal segment tonight, two hot topics starting with a mall that lay. yesterday afternoon one of the busiest shopping days of the year a huge brawl erupted at the mall of america in bloomington, arizona, all because of a rumor. more than 200 teenagers were involved and police say at one point as many as 10 fights were going on at the same time sending shoppers running for cover. [shouting] >> oh my [bleep] >> greg: at least 10 people arrested. most of them charged with disorderly conduct. with us now our is it legal

team. attorney and five co-hosts, a great show kimberly guilfoyle. >> i heard that. >> in with us tonight criminal defense attorney jona spillgore. is there an explanation why these fights broke out. >> it's interesting. i thought somebody yelled sale. that's not the case they weren't stampede. i put on my track shoes. this big fight broke out nobody knows and can confirm the genesis of it what happened? somebody knock over the corn dog cart? we don't know. a rap war, two rappers there and people got excited about it what i think happened was a rumor that they saw these two guys that they weren't there, in fact, and then because of this idea there was in sensation caused that the rappers representative says they weren't there and then all these guys got arrested. 200 different people that were protesting or running around or disorderly conduct. >> greg: i don't think they

were protesting. >> protesting high prices. there wasn't a sale. >> greg: this tape, whenever you have this tape it's like so interesting to watch, obviously it's wrong. should they be arrested or rewarded for all this entertainment they are giving us. >> they shouldn't be rewarded and given 15% off coupons for the store of their choice. the cops had to do something. they had to arrest. i'm surprised they only rounded up 9 or 10 of them since there were 100 or 200 involved in this thing. disorderly conduct that's a baby charge. nothing is going to happen to them if they are convicted of it anyway. >> let me ask you. this let's say this was caused by a rumor. you can get arrested for starting a rumor that leads to something violent? >> if you yell fire you can get arrested for that. >> i guess that is a rumor. >> little wayne or drake then, you know, that is a cause for excitement. i have to say. not this kind. they criticized a cop. there is rumors that shots were fired. that didn't happen. guns were drawn. they were trying to control the people.

it is the mall of america. they had a reputation to uphold. >> here is the thing i find problematic. i keep seeing more and more footage of mob violence by teen. however, you know crime across the board is going down. so is this because people are filming more of it or this is a new kind of crime? you see a lot of the flash mobs going on in atlanta and makes you wonder. >> voiristic crime. people want who capture it. everything a youtube moment. best tool for prosecutors because you get the evidence. roll the tape, people. jury seize your eyes. >> they are not going to spend it as long as nobody got hurt and didn't steal any property. nobody is going to spend any time in jail. they shouldn't be running around like mobsters in a mall. i like to have -- right? sanctuary. let me enjoy my peace at the mall. they should get fined. it shouldn't be done that was wrong. >> i just hate kids. >> oh my gosh. that's so mean.

>> greg: that's why i shop online you can't get trampled online. >> i love you. >> greg: that's true. most of this violence happens because it can and we have become more permissive and we allow, i think, parents and people are scared to confront kids because they fear they are going to get hurt or sued. you know, if you are on a subway, something is happening, you stay away from it because you don't want to be bothered. one of these days you are going to have to step in. move on to the next story. this is now about a defunct charter schooling in idaho. against state officials who banned the use of the bible in the school's curriculum. does the school have a good case here, jonah? >> let me tell you something, the only time we should find a bible in a public classroom is if it falls out of little billy's backpack. once you take that bible and put in a teacher's hands and we are going to learn from it and turn to a textbook you are not just violating the first amendment you are stomping ton it so know they don't have a case here.

>> greg: it's a charter school it does get public funds. >> that's the caveat, right? now they're defunct charter school and no longer in operation. they want to press the case forward they feel it will have an impact on schools in idaho both private and public. there is a caveat because they can actually -- there is rulings that have come forward that you can have the bible as a form of instruction doing it in a way educational and not indoctrineating or preaching religion. >> historical document. >> how do you do that without also bringing in the book of mormon, koran and every other religious test. >> or diuretics. >> ron hubbard. >> greg: is the supreme court going to decide whether to hear this case? >> no. done. going to kick it out. you asked. >> greg: ladies, thanks. don't forget to check out kimberly and me on new year's eve this is going to be awesome here on fnc starting at 11:00 p.m.

roaming the streets. >> gangs in new york. >> greg: former secretary of state condoleezza rice takes on her critics including dick cheney and donald rumsfeld. stay tuned for this classic factor flashback. it's the perfect time to find great deals on the 4g lte devices you love. like the droid bionic by motorola for $199.99. or the pantech breakout for $49.99. our lowest price ever. get the technology you love, on the network you deserve. and for a limited time, get twice the data for the same low price. verizon.

>> greg: in the back of the book segment tonight, despite the uncertainty of the g.o.p. presidential field, pundits are already turning their attention to possible running mates for the 2012 republic ticket. one of the names being floated among conservative circles condoleezza rice. and according to the "washington times," the former secretary of state is reportedly antsy to get back in the political game. secretary rice recently entered the no spin zone and

proved she is not afraid to take on her critics. >> bill: vice president cheney was critical of you over the weapons of mass destruction controversy in niger africa. the yellow cake thing. people saddam hussein was allegedly trying to buy stuff and again didn't turn out to be true. cheney writes, quote, she you, dr. rice came into my office and tearfully admitted i had been right, unfortunately the damage was done. cheney referring to a difference of opinion that you guys had because you said well, we shouldn't have included that in to the president's speech when he was explaining to the american public. >> that's right, yes. >> bill: were you crying in cheney's office? >> no. >> bill: he made that up. >> i don't know why he thought i was crying. maybe the tears were in his eyes, no i was not crying. >> bill: is is hyperbole on the part of the vice president. >> maybe it's hyperbole. i have cried. i cried when i saw wounded soldiers. i cried a couple days after

september 11th. i cried when i was sitting with the victims of rape in darfur some who had been raped by peace keepers. because of a press report, no. >> bill: he didn't like you because you didn't agree with him on a lot of things, north korea terrorism watch list, you wanted them off. he didn't. then there was the controversy over sheikh mohammed, khalid sheikh mohammed. you wanted, what, to stop the waterboarding at that point? >>. no i wanted to bring khalid sheikh mohammed to guantanamo out of the shadows. tell the people we had the mastermind of 9/11. the united states doesn't disappear people. >> bill: he didn't want that because he wanted to do it secretly. thought he would get more al qaedas though, right? >> khalid sheikh mohammed was passed his intelligence value. >> bill: why didn't cheney when you had this difference of opinion. >> i did, of course. >> bill: why didn't he want a public exposition of what mohammed had done and where he was going? >> i don't know.

>> bill: he never told you? >> once you started down that rude would begin to unravel the entire operation. we still had some of these people that we needed for intelligence value. but my point to him and the president ultimately agreed is that we had done nothing to be ashamed of. >> bill: so he didn't want any exposition of what the u.s.a. was doing at all. >> that's my recollection, yes, right. >> bill: all right. now, he is a hard guy, cheney. is he a tough guy. all right? and he wanted north korea to be one, a terrorism list. you wanted to engage them. the hope that you could bring them into some kind of rationale? >> no. rationality and north korea should never be in the same sentence. what i wanted was to get inspectors on the ground. i wanted the north koreans to begin to dismantle nuclear capability for plutonium bomb. i believed we were going to learn more on the ground than sitting in washington, d.c. knowing nothing but the program. >> bill: another disagreement that happens.

>> >> bill: it was personal in cheney's book. you are academic, you wanted to have meetings and all of that you said that your joint appearances with appearances with the secretary of defense were disastrous. so what was the beef there? >> well, don is kind of a was cybil, grumpy guy. i think that sometimes don had trouble with the fact that we were now in a position of colleague, he had been my mentor, someone who championed my career. again, we had substantive disagreements. not personal disagreements. >> don't you think both guys were a little torqued off that you were challenging them. that you were intruding on their turf? >> oh, i think both of them understood that i was a national security advisor with a close relationship with the president. sometimes don thought i was putting the president's words in or my words in the president's mouth that absolutely wasn't true. >> bill: was this just a power thing like who can get the president's ear and they thought you were a threat.

>> that's washington all the time. and fortunately we were able to mostly make it work. i had my job to do. when i became secretary of state i was no longer the honest broker. i was no longer coordzating them. i think from the vice president's point of view he didn't like that i won most of those arguments but i did. >> bill: i can't imagine that he would like that. no higher honor memoir of my years in washington. i think -- if the vice president is watching, you should be, you know, like a no spin dr. rice here and come on in and have a chat. that wasn't too painful. >> it was great. bill. always great to be with you. >> bill: thank you, doctor. i appreciate it pinheads and patriots on deck. my favorite part starring actress meryl streep. there she is. her sticky fingers and the white house. p and p up ahead. ♪

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it's fantastic. first lady portraits the famous ones. they have hand towels, gold. [ laughter ] it was a big night. >> there you have it. another hollywood celebrity scoffing at the basic laws that the rest of us americans to have follow every day. frankly it makes me sick. not really. if it were me i would probably have stolen the toilet. and killing lincoln, you can get it free when you sign up for a premium membership and don't forget. o'reilly and miller will be in santa barbara on february 25. go to bolder fresher.com to buy the tickets. check me you on out on the "the five" and if you are a night owl check out redeye. it's a great show. i'm