keep it here on fox news channel for complete election coverage throughout the night. bet brar returns with a special live "special report." i'm shepard smith. until then, good night. >> bill: "the o'reilly factor" is on. tonight: >> this country can't be knocked out in one punch. we get right back up again and when we do the world is going to hear the roar of our engines. >> bill: political brawl continues over clinton eastwood's commercial during the super bowl. obama team is happy with it. karl rove is not. mr. rove will be here. >> we got apples. because i heard you haven't had an apple in a decade and some of our white house honey. >> bill: first lady michelle obama continues to urge the nation to eat better. some say this is another example of a nanny state. john stossel with analysis. also tonight, the ban on gay marriage in california overturned by a liberal federal court.

is it legal on the case. and charles krauthammer on whether there are any true conservatives running for president? caution, you are about to enter the no spin zone. but first an election update with bet baier in washington. we'll be back in 60 seconds. captions by closed captioning services >> bret: thanks very much. voters minnesota and colorado voting. first step in awarding delegates to the national convention, not the last. delegates are not locked in tonight. polls have just closed in missouri where it's a beauty contest primary. essentially a statewide straw poll. the votes cast there won't count for awarding delegates to the national convention. they will do that later. newt gingrich is not on the ballot in missouri. minnesota caucuses convened just a few moments ago. the north star state has 40 delegates. 37 are at stake. romney won this contest in 2008. colorado caucuses begin in

about an hour at 9:00 eastern. colorado has 36 delegates with 33 up for grabs in its caucuses. romney won in colorado four years ago with 60% of the vote. we have a one hour recap at 11:00 p.m. eastern. stay tuned to fox for all the updates. now "the o'reilly factor" is on. captions by closed captioning services >> bill: hi, i'm bill o'reilly. thanks for watching us tonight. bush, obama, clinton eastwood and chrysler and your money. that is the subject of this evening's talking points memo. the controversy continues over clinton eastwood's super bowl commercial paid for by chrysler. the ad says detroit and american general is on the come back trail because we all banded together and helped out when the financial collapse hit. >> this country can't be knocked out in one punch. we he get right back up again. when we do the world is going to hear the roar of our

engines. yeah. it's halftime, america. and our second half is about to begin. >> bill: reports are the obama campaign is very happy with the spot but conservatives like karl rove are not. saying it supports government bailouts. mr. rove will be here momentarily. but, first, let's take a look at what happened. in september of 2008, president bush signed into law a program that authorized 700 billion taxpayer dollars to bailout failing american companies. right now the feds are still owed about 100 billion from the tarp program. chrysler motor company received 4 billion from president bush, another 7.2 from president obama. so far chrysler has paid back about 10 billion but it still owes 1.3 billion to the feds which, incredibly it does not have to pay back. by the way, that super bowl eastwood spot cost chrysler an estimated $14 million according to some sources. t points believe the price is a bit lower than that know noe

question that the economic bailout remains controversial today. mitt romney says he would have allowed the car companies to fail. president obama on the other hand is touting their recovery as a significant achievement for his administration. clinton eastwood, well, he said this in november. quote: i'm a big hawk on cutting the deficit. i was against the stimulus thing, too. we shouldn't be bailing out the banks and car companies, unquote. that's why i said yesterday that i believe mr. eastwood was doing a pro-america commercial not a pro-obama spot. talking points also believes that presidents bush and obama did the right thing by propping up some major american corporations that were about to go under. that saved thousands of jobs and if the tarp program had not been authorized, worldwide panic would have been substantial. however, now, now it should be mandatory that all private companies that receive taxpayer dollars pay them back. chrysler should not be strutting around celebrating its recent success while still

owings taxpayers more than a billion dollars. that's simply wrong. also president obama should be much more humble in touting the success of an economic come back because it was born on the backs of the working folks. he just ordered the checks sent out. american workers say the economy not mr. obama and congress. now it should be pay back time. spending discipline must be imposed. let's stop the irresponsible nonsense in washington. that's the memo. now for the top story tonight. reaction joining us from washington fox news analyst karl rove. where am i going wrong here, mr. rove. >> two things. first of all, the ad is if you put the ad and look at it by itself, it's a great ad. if you then have that ad run and immediately the obama campaign, david axelrod at the campaign and pfeiffer at the white house begin tweeting messages saying look at this ad, it herldz the success of our bailout program and then you took the ad out of commercial and out oof a -- out of the super bowl and put it completely in a political context, that's what i really

object to. plan all along. >> didn't know it was going to happen. he was mortified. >> the white house did. they jumped into the middle of this and made it controversial by their actions. i agree, i agree he is an american icon. i think the ad if you wanted to look at it one way yes, it's halftime and we need a new coach. guy who failed the first half let's establish some truisms here. you agree with me, eastwood had no idea that some people like you were going to interpret this as a pro-tarp ad. i don't think he had any idea. >> let's be clear about this. what got me is obama tried to turn it into a political ad. >> if you could have done it for mr. bush. >> no i wouldn't have. >> because you are co-opted it. >> leave it alone. let it be by itself. you don't need to go out and turn everything to your political advantages. let it be there. >> that's what they do. you did it, they do it.

you take everything you can. this is stupid for them to have done. they should not have done this. >> why was it stupid? >> because it turned something that was a great iconic moment, good feeling moment and turned it into something that is transparently political and makes the white house again look like a bunch of cheap chicago pauls. should have left it alone. let it be by itself. >> strut across the stage, look at us, look at us, look at us. it was a stupid move on their part. >> i have word that if they continue to do this to eastwood is he going to get the -- with a little cigar. throw it back over his shoulder. i don't think you want to be in the way of that? >> watch out for the guys with the thin mustaches. that's all i know. >> the good, the bad, and the tarp. >> there it is. >> super pac. you corrupted president obama and i am just as american appalled you karl rove corrupted the president of the united states. >> let me explain.

have you little pad there you can hold up. >> go ahead. >> the president of course condemned all the pacs and spending by third parties, hated it, loathed it, feared it now, he has given his guys the okay to do it, blaming it on you and you said? >> a threat to democracy in 2010, he now threatening democracy by doing are doing? >> i guess so. he is going to send cabinet secretaries out to raise large contributions from people who might have regulatory issues in front of cabinet secretaries. george of oklahoma would love to visit with the energy secretary and maybe get couple hundred million dollars more for solyndra. give you more for political committee. >> that's how the pac game is played. >> the white house should not be putting cabinet secretaries out to raise money for the

so-called independent super pacs. >> you come right on here and say here is the cabinet secretary going because i agree with you. >> no, look. they have announced they are going to do t. >> they have already announced they are going to do it. look, ming the main question. we forgot to talk about senator chuck schumer d oops. wasn't he going to subpoena american crossroads and its donors for having engaged in this kind of activity. maybe he is like senator chuck schumer why didn't the white house tell me about this? i mean, poor guy. is he in real bad shape. senator chuck schumer what was i thinking? the guy is in real trouble now. >> bill: he didn't subpoena you? you don't have to show up? >> no, no. i think it may be senator chuck schumer d never mind now that the president himself has announced he himself is going to be a threat to democracy after he denounced these threats to democracy he wants democracy himself. >> bill: i am so confused. the g.o.p. race, i get in trouble every time i say this but it seems to me it's just

not a race anymore. that the race is all over. am i wrong? >> look, give it more time. i'm going to write my column about in this week for the "wall street journal." but, look, we do have a series of contests coming up this month. the missouri primary tonight is a beauty contest. we won't have delegates locked in by the colorado minnesota. >> bill: expect anybody to beat romney in any of those states, minnesota? >> i think rick santorum is going to have a bump as people say newt gingrich had his chance. >> bill: if he beats romney in colorado, minnesota, or missouri, if santorum wins, that's the headline. >> got to count on in a contest. newt gingrich going to lose his home state of georgia? >> it looks like it's all over? >> georgia is super tuesday. i do think watch my column on

thursday. this is far more complicated than it looks. i do think the contest is coming. particularly given the choices that people are making and given their relative postures with resources. this contest does have an end that's coming and we will know it within the next two or three weeks. >> bill: you already know what the end is. >> you know what? let's let the voters decide. >> i got my prognostication. let's let the voters have their say. >> all right. karl rove, everybody. i'm going to start to bill you as a major threat to democracy next time i introduce you instead of a fox news analyst. >> only if you pair me with president barack obama as a similar threat to democracy and boast of us are being subpoenaed by senator chuck schumer d what the heck was i thinking? >> bill: again. senator schumer is welcome on the factor any time he wants to come on. next on the run down, catholic church versus president obama. getting nasty. the press is siding with the president. no surprise.

crowley and colmes on that. imposing gay marriage on california. big story right back. [ male announcer ] this is lois.

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>> bill: barack and hard place segment tonight, the president and the president of of the meda research center bret bozell has sent a letter to cnn, msnbc demanding they report the between catholic church

and president obama responsibly. religious based morning after pill, sterilization procedures in their health insurance plans. catholic church says this violates their teachings and now a major brawl is underway. here is what obama campaign advisor david axelrod said this morning. >> we certainly don't want to abridge anyone's religious freedom so we are going to look for a way to move forward that both guarantees women that basic preventative care that they need and respects the prerogatives of religious institutions. >> bill: here now fox news analyst alan colmes and monica crowle what say you? >> david axelrod speaking on behalf of the president of the united states is full of it there. >> bill: wait, wait, wait, wait, wait. he sounded conciliatory. he sounded like he was trying to find common ground. why is he full of it. >> full of it they have had plenty of time. a year since obama care has been implemented as law to come up with balanced approach

that would respect people, especially christians religious beliefs in their organizations and they come up with this one year later? a complete violation of catholics and christians most fundamental religious beliefs. >> come out of the bill where nancy pelosi says what's in it they had a year to develop. >> let's assume as colmes does that you are correct. >> thanks for letting me know. >> let's assume you are correct. didn't the obama administration and mr. axelrod, a smart guy, anticipate the firestorm controversy that is now in play. why would they do this? it looks like a self-inflicted wound. if axelrod is here and does want to find common ground, why would they launch it having everybody upset when catholics voted for obama last time and could lose big time this time. >> they voted for obama a 4% last time. the catholic vote is the biggest swing vote in america. >> why would they do something

as self-destructive. >> barack obama is a pure leftist idealogue. >> this is a man who sacrifices little ideologically as possible. >> idealogue he wouldn't have compromised on health care and a whole bunch of other things compromised on. gitmo down the list. i think the fact that axelrod said this is conciliatory. one of the reasons they didn't d. not axelrod looked at the numbers. 77% of catholic women for example favor this and in fact many of them use, 9 a% of them. >> bill: that's a personal choice not imposition. >> politically we are not going to have a problem. you asked a question what do you think they were thinking? >> bill: that's just dopey analysis. >> dopey aanalysis? >> bill: leaders of the church would have a huge problem. >> looked at the numbers in terms of the polling of the american public. >> bill: they were wrong them, colmes is what you are saying foolish and wrong. >> maybe they didn't

anticipate the push back in the hierarchy of the catholic church. they can do no right. in they do something and say now let's work together to make the please all masters all of the sudden that's no good. >> bill: i didn't see that's not good. >> let's see if they make it so everybody -- >> bill: can i impose a solution? let the catholic church and other churches have an exemption. it doesn't matter. there are thousands of clinics across the united states that give away birth control free. you don't need the catholic hospitals and those. you don't need it. give them the exemption. >> by the way over the last year. >> bill: is that a good solution? >> your point, over the last year the administration has handed out almost 2,000 waivers. left wing groups. >> bill: here is the. >> here is the problem. all the people that hate the administration and everything they do, war on religion they are out to get the catholics and religions. that's absurd.

there is no war on religion. nobody is being denied. >> bill: if you look at cnn nbc, msnbc. there is a war on religion. >> stories on web sites. >> bill: on the web sites it couldn't make it on to the tv side because they have so much to cover. >> i don't speak for these networks. >> bill: you know what it. >> more and more people get their news from the web every single day. >> bill: there we governmental alan colmes and monica crowley everyone. how you can hate them? you can't. >> longe. >> bill: bill throws out the will of the people. out the window. and reimposes gay marriage in california. and then first lady michelle obama very engaged in telling americans how to eat healthy. should she be doing that? john stossel up ahead. so humpty dumpty had a...

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bill political is it legal segment tent, californias voted on whether or not to approve gay marriage. the folks decided no, that marriage should stay between a man and a woman in the golden state. that started inevitable court challenges in today the very liberal ninth circuit of appeals nullified the gay marriage vote in a two to one decision. here now to explain it all attorneys and fox news analyst kimberly guilfoyle and lis wiehl. california voters basically just two judges said you know what? don't really care about you. what do you want really doesn't matter because we say this is unconstitutional to deny gays the right to marry. >> that is what she -- they had said. don't matter or count if they take away a benefit bestowed on a group of people. gay marriage here is the case without a legitimate reason to further a state interest. these two judges could find no

legitimate reason that people shouldn't be allowed -- >> bill: do you think they looked to find a legitimate reason? because i don't. the legitimate reason is that the majority of californians, guilfoyle and you used to live in that state, of course, felt that society is stronger by having the standard of marriage between a man and a woman. that the family unit is stronger. that the basically the benefit ripples across when you hold up man, woman because of nature, because of a million different reasons, all right? everybody is different on the issue. the judges said you know, that's no reason. you know. >> 2-1 decision. of course the two judges that ruled in favor of both were appointed by democratic president. president carter and the one dissending is the one appointed by bush. this will go en banc to the entire circuit. >> bill: they will rule the same way in the ninth circuit. >> and then it will go to supreme court. >> isn't it judicial activism?

>> it is. many people view and it stripping the will of the voters of the people of the state of california. >> bill: the people voted. >> it wasn't a close vote. >> bill: this is the kind of society that we want. this is what we feel is best for our state and the judges said you know what? it's unconstitutional. if you read the constitution you go do you have a right to be married, wiehl? do you have a right to be married? a constitutional right? >> no. regulated by the states. no you just answered the question honestly. >> yes. >> bill: you tonight have a right to be married. it's not a right. >> no. it's a benefit procured by the state. >> bill: from the jump, it's not a right guaranteed by anything. >> it's not a right but it was given in california. it was a benefit that was bestowed. >> bill: bestowed by whom? >> by the courts. >> bill: you can't do that? >> that's what they did. >> the power of the people is the problem. that's what the issue is. >> bill: the court can't bestow. >> listen though, a lot -- not

a lot but many times voters vote on legislation that is unconstitutional. that's why vet checks and balances. >> bill: just said. >> you just said it wasn't. wiehl. you just said you do not have a right to marry under the constitution. >> yes. but once that right has been bestowed, you cannot take away the right. >> bill: bestowed by whom? >> by the court. no. >> he is saying the court shouldn't have the ability to do that. >> bill: they don't have the right under our constitution to bestow anything. >> bill: in that case you could have a judge say you know what? you guys ought to wear shoes on your head. i'm bestowing that's for everybody. you can't do that that's tyranny. >> it is not tyranny. >> inappropriate from a legal perspective what they did. judicial activism. the people voted on it whether you like the decision or not agree or not. >> equal protection clause of the united states 14th amendment says, look, you

can't treat people differently that are similarly situated. you can't without a legitimate stated reap and they didn't put forward a legitimate state reason according to the judges. >> you can't treat people differently if it is a constitutional right. >> right. >> bill: marriage is not a constitutional right. >> can away a benefit. >> wiehl, i have got to take a break, your thinking on this is so convoluted. you can't take away a right. the right was never there. >>it was there. >> bill: granted it yourself under the constitution there is no right to marry. >> it doesn't matter. granted by the court. not saying he has to be written in the constitution. >> you have to go back to the constitution. >> no legitimate reason. >> even if prop 8 said you could go forward with it the court would still be wrong if they tried to strike it down. >> go to the supreme court. and the supreme court rule in favor of the state having the right to regulate.

>> 5-4. >> more with the ladies in a moment god help us. did you know the movement to legalize polygamy. here you go. some parts of the country got a big legal win. demanding freedom for the whales at sea world. back in a moment. you ready? we wanna be our brother's keeper. what's number two we wanna do? bring it up to 90 decatherms. how bout ya, joe? let's go ahead and bring it online. attention on site, attention on site. now starting unit nine. some of the world's cleanest gas turbines are now powering some of america's biggest cities. siemens. answers.

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>> bret: i'm bret baier in washington with america's election headquarters update voters in colorado, minnesota and missouri are participating in nonbinding presidential nominating votes tonight. throughout the night you will see the raw vote totals on the bottom of your screen here. polls closed just a few minutes ago in missouri. here are the latest numbers. 1% reporting rick santorum with 44%. very early as you see this contest. newt gingrich is not on this ballot. minnesota caucuses are ongoing. they convened at 8:00 eastern. colorado caucuses begin at 9:00 eastern. let's get some thoughts on tonight from democratic strategist joe trippi. joe, the romney campaign says,

listen, tonight there will be no did he delegates apportioned. the santorum campaign says this is bawl momentum. which campaign has the better argument? >> well, you believe for sure that if romney thought he could win all three states and play on the momentum of coming out of florida and put this thing away, start slowing down the rest of the field, they would be bragging about how important tonight is. that tells you something about the romney people are expecting right now. >> bret: ron paul is a factor in minnesota. newt gingrich said he could finish in the middle of the pac. if you look at the calendar, it's a long time before you get to another state where gingrich could perform well. >> gingrich is playing a very dangerous game right now. in one sense he has got to hope somebody tonight throws some bolders in front of romney's path, slows him down. at the same time that could open the door for santorum or somebody beats romney they can start and that could hurt him later on. >> bret: thanks, joe. we will bring you results at

11:00 p.m. eastern. all-star panel, steve haste, a.b. stoddard. chris. joe will be there with karl rove. please join us then. all of the raw totals throughout the night as they come in. now we will send it back to the o'reilly factor. >> bill: continuing now with is it legal duo lis wiehl and kimberly guilfoyle. federal judge in utah is allowing a polygamous family to challenge the big mist law polygamist law in that state. >> sister wives. i wouldn't recommend it. >> bill: three wives. >> cody brown in the center. he has one legal wife. three spiritual wives and 17 children from the unions of them. >> bill: regular brady bunch there he wants the spiritual wives to be real wives. >> yes. >> bill: so this ties in with what wiehl was saying. we can't deny that you can't take away the right of what's

his name? >> of cody brown. >> bill: cody. he wants four wives. >> or maybe more. right now that's what he has, yes. he feels he should be entitled to have as many wives as possible. >> bill: judge. >> clark is a district court judge. >> bill: he says, hey, we can -- there he is. he says what does he say. >> cody brown has the right to go for it and challenge the state of utah's polygamy lawsuit. attorney says i investigate these people. i'm going to prosecute them. guess what? there is no case even pending. yet, this judge is saying that cody brown can bring forward and sue the state of utah and this attorney. >> bill: have to be another ruling now and whether the polygamist will be married? and wiehl you support, i'm sure you do. we don't want to deny anybody. >> the state can say.

got to this point. the state can say if this ever came up marriage has to be between two people. >> bill: why you? are denying? you are denying. >> state regulatory reason. what the judge is talking about is their first amendment right to be able to say what he this want and not be prosecuted. >> they don't even live in utah anymore. and there is no case. they live in vegas. >> whoa. i don't even want to contemplate that. >> this judge should throw the case out. >> bill: here is a terrible story. young girl, traffic accident in california. her name nicole cateras. 2006 she was beheaded and championships, the -- championships took pictures of this thing and the pictures ended up on the internet and the family sued and what happened. >> case was dismissed. thrown out. another judge got ahold of the case and said wait a second you have a right. you and california have a privacy right and to not have

those. >> first judge threw the case out. second judge reimposed it. >> reimposed it. >> and what was the final. >> no final judgment yet. but they settled for $2.37 million. >> state of california settled? >> yes. >> they will pay the family 2.37 million because somebody leaked the photos out. >> two officers there at the scene. >> bill: we know who leaked it out. >> yeah, we do. one was suspended for only 25 days. and the other retired. >> thomas o'donnell suspended for 25 days. >> out of control. we all know that. >> cyber bullying is what it is. taunting families with these images. >> bill: it will be out there forever. >> horrible. >> bill: everybody loves the whales. the whales are in sea world in san diego. very fine facility. but i didn't know this. they are slaves. these whales are slaves. >> you can't even make this up. really? >> peta says they are slaves. >> peta is so upset. the water is boiling. they want to file the lawsuit,

in fact have on behalf of five killer whales, three there in san diego. >> on behalf of the whales. the whales will be deposed? >> just a joke. they want to proceed forward because it violates the 13th amendment of anti-slavery that they are enslaved. >> bill: in the courtroom we can have a big tank. >> yes. >> they have to come testify. >> how will you find a jury of their piers? >> that's a good point. >> line up -- >> salmon on that jury? >> no, no. >> fresh water salmon, i don't know. >> has to be mammals. can't be fish. >> you don't think peta is looking for publicity, do you? >> not at all. >> this judge is allowing this case thus far to go forward. >> of course it's going forward. absolutely. and i will tell you what's going to happen is the whales are going to get married. >> whales have rights, too. >> bill: something will happen in the ninth circuit. >> whales get dew process. equal protection. >> media matters.

people don't be comparing whales to any human being. not my intent. all right, ladies, when we come right back, first lady michelle obama urging august of us to eat healthy. john stossel has some questions then charles krauthammer on whether there is a true conservative among the republic presidential contenders. those reports after these messages. c'mon dad! i'm here to unleash my inner cowboy. instead i g heartburn. hold up partner. prilosec can take days to work. try alka-seltzer. it kills heartburn fast. yeehaw!

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>> with a different president that could mean a whole different thing. >> bill: on a serious note the centers for disease control estimate that the medical costs for obesity in the u.s.a. are approaching $150 billion a year because overweight people have so many ailments, 17% of kids and adolescents are obese. here now fox news business anchor john stossel. so this situation is crying for an intervention, michelle obama is doing the right thing. she is doing the right thing if she wants to give jay leno honey and if she wants to do jumping jacks and run around the white house. but when she gets her husband involved. that's government. that's 400 million of your dollars. that's government force. big difference. it doesn't work. >> isn't it incumbent on the government to set a good example and encourage things that are beneficial to all americans?

we are paying the medical bills for people who have eaten irresponsibly throughout their whole life. tax dollars go to that. i say michelle obama is doing a good thing. i want the federal government and the states to encourage people, particularly children to eat better. you do that the way you did with tobacco. demonize. >> people know fat sun healthy. >> they don't know know that. >> all these government programs have been in effect for years they don't know eating the big mack is right. >> their teacher who can barely teach right. mike huckabee had this program in arkansas when i was governor. every kid would have a body mass index and parents would get a report card that would say not just the grades but also their bmi score. these schools can barely teach

reading and writing. three years later? what's the difference? no difference. >> bill: you don't think a propaganda campaign, i'm not using that word as a pejorative in a negative way. >> you should be. >> bill: i want the word to go out. >> information campaign. >> bill: i think michelle obama is doing the right thing here. each first lady has their cause. laura bush reading. no drugs. eat your fruits and vegetables. >> that's fine. eat your vegetables. why do they need the $400 million. they are spending $3.8 trillion. we're going broke. >> bill: 400 million maybe they cut that down. maybe. >> down all the way? >> bill: did you run into wrestling people that beat you up? what is that? >> i have this bill o'reilly punching bag at home i hit it too hard. >> bill: i don't get any residuals from this. it's very fast. >> bill: how do you tie your tie? >> with great difficulty. i have learned to do it with one hand. i'm okay. i will be okay by next week i

will be fixed. >> obama care can take care of that hand. you know what i'm talking about? >> i don't believe you. >> mr. president, stossel got a bad hand. send over somebody right now. charles krauthammer up next. is there a real conservative in the presidential race? krauthammer will tell us up ahead. ♪ [ male announcer ] for our town. [ dog barks ] for our country.

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>> back of the book segment tonight, will the real conservative please stand up. remember that line from the old program what's my line? >> well, in the presidential sweepstakes, many american conservatives are disenchanted over the lack of a right wing candidate even though the contenders all say they are conservative here is north newt gingrich last weekend. >> as charles krauthammer said romney's he doesn't quite

understand conservative philosophy. i think that's important for the country, for republicans, for conservatives to think about. >> bill: joining us from washington charles krauthammer. you are a political ad now. >> that's clearly the high point of gingrich's address. i commend him for the wisdom of his choice of authorities. look, he had me sort of right. although what i was say something that romney lacked the fluency with conservative language. look, is he a guy who admittedly, what he said in the second debate in florida what he had done for the movement. he frankly said you know not that much. i was a businessman. i was out of the political arena for most of my life. and then i became political and in time i became more conservative there is nothing wrong with that ronald reagan started out as a liberal democrat. a lot of people have evolved in their lifetime. but i think it's true to say that he doesn't have the same kind of conservative instincts

and he doesn't have a fluency with the language and the ideas that somebody who has been -- in it for 30 years. >> bill: is he not a conservative idealogue. he simply isn't. he never will be. they say newt gingrich isn't because of his global warming stuff. because of some of the votes that he had. some of the things that he says. i mean, he has been under attack as a conservative. in fact, rick santorum attacks newt gingrich saying he isn't a conservative. i think santorum is, i don't think -- is he probably the only one among the four that you could put the word conservative on pretty much down the line. correct? >> i think i would say that consistently in his record ideologically, yes. gingrich, look, has a great history as a conservative hero. did he something for the movement that hadn't been done in the early 1990s when he returned them to power. after almost half a century in the house. i think he is instinctively a conservative. the problem with him is he lacks discipline.

he comes up with all kinds of ideas. some of them are off the wall. some of them are sort of nonconservative. when i asked him once on "special report" when we had the candidate about, you know, the sitting down on the couch with nancy pelosi, how could you do that if you are a conservative and he basically said well, that's the dumbest thing i ever did without getting an answer. i think the answer here is that if you are not intellectually disciplined, you are willing to pick up an idea here and there as it comes across the transam. as it becomes fashionable and thus a lot of of conservatives have a worry if he were president he would would wake up once a week. >> the world is changing. in the nevada vote most people who describe themselves as conservative mitt romney. i don't know if hard core conservative americans are wielding the influence that they once did. for example, in the reagan

era. i think that the changes in the world have made problem solving i will give you the last word. >> i disagree. if you define it in terms of smaller government, not the social issues but sort of the social contract. what does the citizen owe the state and the state owe the citizen. i think there has been a rise of conservatism. i think particularly in reaction to obama and the liberal overreach and gallup shows mice as many conservatives as liberals in the country. younger people are less concerned about gay marriage for example. and i think over time that issue will wither away. but on the fundamental issue of what should government do? how big, how wide, how strong it should be, on that there is a very strong conservative majorityive in the country and overall it will prevail.

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>> bill: you can express whatever you want but if do you that in public, gay people are likely to be hurt. do you want that?

zbleibl can't wear that egyptian stuff. was madonna's performance boring. that was the question. assembly. >> we are ready, anthony. you can see us in chicago, june 23rd and i will be a solo in tampa on march 11th. finally tonight. opinion have pinheads, m&m's the candy took a starring role. >> as you know the story, eddie van halen would stipulate in his contract, in his dressing room, no brown m&m's. that has to make a candy feel bad. >> well, he didn't know what he was missing. i'm the ruler of all. this is law. >> we've been doing this show 15

years, i believe you are the first talking candy. i'm honored. >> thank you very much brown one. >> way to go. >> that is fun. >> bill: very early in the morning. [ laughter ] >> bill: the r and m's refusing to come on the factor. they are hiding in their pact. we know where you are. you can decide. i think first we check out the website which is different. spout off about the factor from anywhere in the world. o'reilly at foxnews.com. if you wish to opine, do not be a lugan when writing to the factor. tell your kids, stop being a