results all night long. first though time for mr. bill. particular it away. >> "the o'reilly factor" is on. tonight: >> i was concerned that occupy was going to be antibusiness and what i found was that the folks at occupy are not antibusiness. >> the founders of ben and jerry's ice cream now trying to raise nearly $2 million to pay protesters under the occupy banner. and wait until you hear why the ice cream guys are doing it we have a factor investigation. >> the obama program is higher prices, more dependency in the middle east. >> newt gingrich says if elected president he will bring down gas prices to $2.50 a gallon. how will he do that? the speaker will be here. you say you knocked jesse ventura to the floor with a punch. now, you don't mention his name but everybody knows who that is. >> i knocked him down.

>> bill: jesse ventura now saying he will sue the author of "american sniper" navy seal chris keil. is it legal on the case. >> you are bleeding, man. >> i ain't got time to bleed. >> caution, you are about to enter the no spin zone, the factor begins right now. captions by closed captioning services >> bill: hi, i'm bill o'reilly. thanks for watching us tonight. will there be violence in the presidential campaign? that is the subject of this evening's talking points memo. as we predicted last fall, the occupy wall street movement has diminished greatly. that's because the good people who were in the movement fled when the loons took over. and there are not enough loons to us sustain a viable nationwie presence. enter ben and jerry, the vermont ice cream guys. they are committed left wingsers who want a progressive agenda in the united states. now they are organizing a bunch of like minded people to raise money to pay far left

agitators. let me repeat that ben and jerry, the ice cream guys are trying to raise nearly $2 million to give out, quote, grants to hard core occupy protesters. so what exactly is a grant? well, it's a salary. they are going to pay people to agitate all across the u.s.a. that's dangerous. because as we have seen in cities like oakland and new york, people get hurt. but apparently ben and jerry don't care. >> i was concerned that occupy was going to be antibusiness. and what i found was that the folks at occupy are not antibusiness. they are anti- a system that advantages the few and does not give opportunity to the many. >> bill: ironically jerry and his pal ben are also giving opportunity to a few anarchists, agitators, destructive people.

at this point occupy is not a genuine protest. instead it's a fabricated operation designed to create as much chaos as possible in order to demonize the capitalistic system. no question they want to reelect barack obama. they believe putting people in the street to scream against republicans that will help the democratic party. talking points believes the opposite that the crazier the occupy movement gets the more people turn against the left wing agenda. finally let me throw out a hypothetical. if ben and jerry are paying agitators and those people kill someone or destroy property or hurt a police officer or commit violent crimes in their test cities can ben and jerry be held legally responsible? that's an interesting question. their foundation is paying folks who commit crimes certainly the legal system must take a look at it. if the occupy wall street movement was really strong, was really speaking for the regular folks, why would you need to pay people to participate? the tea party doesn't pay its demonstrators. we have invited ben and jerry

on the program. shockingly, they have declined. and that's the memo. now, for the top story tonight. newt gingrich says if he becomes president he will get gas prices down at 2.50 a gallon. that caught my attention because as we have been reporting the oil companies are shipping u.s. oil to china and other countries thereby driving up the price in the u.s.a. joining us is the speaker. mr. speaker, taking into account the situation where oil companies 25 years ago didn't export any product at all. now it's the number one export in the united states. taking into account that how would you get gas down at 2.50 a gallon? >> first of all, a great deal of what is exported is, in fact, refined products. oil is imported into the united states. it is refined in places like houston and then sent back out of the country. if you deduct the exports from the imports we still import vastly more oil than we export, period. my point is very simple.

on any reasonable analysis of supply and demand, if we went back to production, if we decided to maximize production, if we used offshore, if we used federal land, we would, in fact, have a dramatic increase in american production and prices would come down. world market. >> it's not supply and demand now though. this has been the warmest winter in decades there is plenty of supply of oil here in the united states right now. right now. and, yet, the price goes up every single day because of overseas intrusion. stuff going on overseas. how do you control that? >> well, first of all, bill, we import a lot of oil right now from much more expensive places. middle eastern oil is actually more expensive to import than american oil is to produce. if you had a real effort to create american oil, you would be crowding out more expensive oil. second, there is a huge premium. i can't tell you how many dollars a barrel but it may be

30 or $40 a barrel of instability. when the iranians passing closing the straits of hormuz through which one out of every five barrels of oil in the world pass, that raises a level of instability for the whole planet as people worry about what would happen with the global oil supply. >> bill: if you are president, if they get a nuke it's going to happen worse. >> if you create enough american oil you create a reservoir, have you, in effect a reserve against that kind of destructive behavior. the fact is at one time we were the largest oil producer in the world. there is no reason to believe by the end of this decade. >> bill: okay. i have got your strategy. but, in order to make that work, in order to make your strategy work, number one, it will take years. but, number two, you would have to say to the oil company you got to keep what you refine and what you find in the u.s.a. in the u.s.a. because they could say all -- say the pipeline got built from canada all the way down to louisiana, okay?

which i'm sure you would approve if you were president of the united states, correct? >> sure. the very first day the pipeline comes in and goes to the tankers in the gulf, see you, we are going to china. bye. right through the panama canal. you would have to stop the oil companies from going all over the world to get more money than they could here because that's what's going on right now you and i just flat disagree, bill. the way you are reasoning why don't we stop the export of corn, that would drive down the price of corn. why don't we stop the export of wheat, that would drive down the cost of wheat. >> bill: do you want me too tell you why? >> because it isn't necessary to buy corn and wheat. it's not necessary. >> of course it is. >> bill: look, everybody needs oil, all right? there is going to be a demand for oil. we have cut it, the united states has cut the demand because of personal changes that we have made, but, look, i don't think we disagree, i just think that you are not

implementing the final piece to the puzzle final piece to the puzzle is no matter how much we produce it has to stay here. >> let me say this, if we end up dramatically increasing our production of oil and we get to a point where there is a glut in the market and prices haven't come down then i will sit down and look at your solution. i believe as ronald reagan did d. in the 1980s, if we occupy up the system and open up the development of energy you will see dramatic response. reagan's administration it took six months for the price of oil to collapse where it was under carter. i think we could do it much faster than you think we could because i think the market responds to expectations. if they see a lot of new drilling rigs going up and see people out there looking for oil. given what's happening in north dakota and shale gas. >> turn around and begin to sell short you are absolutely right. always keep in mind ronald reagan lived in a different world. there was no oil exporting going out of the united states when he was in. i have got to ask you about

the numbers now. it looks like you are not going to do that well in michigan and arizona. you are down in georgia, obviously preparing for super tuesday. do you have a strategy, a come back strategy? i don't know if that's a fair word but do you have one? >> come back strategy my strategy is to keep developing big ideas like getting 2.50 a gallon gasoline. like saying flatly we should not be apologizing to people in afghanistan while they are killing americans. taking on the current establishment. and then second winning in georgia, doing very well in tennessee, oklahoma, doing better than expected doing well in ohio, and then the week after super tuesday i think we will win both mississippi and alabama. and then we will be set up to compete in kansas and beyond. >> bill: all right. >> we have been through several cycles like this. and i keep coming back every time. come back again. >> bill: that's why i haven't said anything about you in the last three weeks. [ laughter ] >> bill: nothing oh he is out of it now.

not saying a word. we are not underestimating you. >> that's right. >> bill: all right, mr. speaker, we appreciate you coming on the program tonight. >> look forward to it. >> bill: karl rove will predict what will happen in michigan and arizona this evening. new appeal by president obama may violate separation of church and state mandates. crowley and colmes on that. we're coming right plaque back. ohhh my head, ohhh. [ speaking in japanese ]

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>> bill: impact segment tonight. very close in michigan between mitt romney and rick santorum. joining us is karl rove who has been listening to the oil debate with newt gingrich and today the white house spokesman carney addressed what the speaker said go. >> i think most americans are aware of the fact that when a politician comes at them with a 3 point plan to reduce gas prices to $2 or $2.50 a gallon that they are blowing smoke. >> bill: so what do you say? i think the administration has no plan so therefore they are basically the president has been giving speeches saying there is no real answer. we have to sort of adjust to these high prices. this former had a six point plan. four of these steps would have an impact in the median and long-term. maybe in the short range, you know, expand drilling on federal lands only three

drilling. expand shelf drilling only 2% is available. he is right. let's remove the band on oil shale development in the west oil reserve three times the size of saudi arabia represented in that oil shale. the idea that we ought to have states by letting them have a share of the royalties that's a grade idea i do think the idea of saying on these lawsuits filed against oil development that there ought to be looser page rule if you file a lawsuit you ought to lose it. >> bill: not only strangling u.s. production but the medical industry is in sane. two parts that are problematic, cleaner energy research is good but he also wants to have cleaner energy projects. we have got that going on with solyndra. government can underwrite basic research but does a lousy job of being venture capitalist investing in certain firms as opposed to

other firms and we ought to try to avoid that. >> bill: i don't want to belabor this if you are going to allow oil companies you have to make a deal they keep it here. you just have to. tonight, arizona, everybody is saying romney going to walk away with it. michigan, polls are basically a dead heat. i don't think romney wins in michigan even if he wins in michigan because everybody said oh o, he just won by a little then if he loses, oh. is that how you see it? i think you are right. 2 in the romney camp winner takes all. he grabs them all. the 39 delegates in michigan is a very close race. at the end of the day romney pulls it out in part because it's low turn out today and 184,000 people voted early. got to look at how many people voted on each one of the days and certainly the absentee

ballots in the mail by the time of rick santorum's win in minnesota, missouri and colorado, there were 104,000 ballots in by that time. that's going to be a big chunk of vote tonight. give romney a slight advantage. the delegates it could be that gingrich wins the popular vote and loses a majority of the delegates because they award them two for each one of the state's 14 congressional districts. he could have a big vote out of oakland county, the big suburban county out of detroit. >> bill: that doesn't matter. it's all psychological. >> that's right. if he wins two tonight and he goes into super tuesday with the win. >> bill: he rolls in with momentum and that's what he needs. if he just squeaks it out like 1% or something, of the press i think the press is rooting for santorum to win even though they are hammering him on a lot of the social things. >> no, no, no, no, no. the media is routing for obama to win. anything that looks like it complicates the republic

contest. >> bill: you knew where i was going with that do you want to make me look foolish tonight. >> i wanted to get one step ahead of you. you had given me the opening just as you would have seized if i would have given you the opening. >> bill: i thought you were my pal. you make me look like a a-year-old. >> you taught me everything about appearing on your program. >> bill: that's right. so you have to be unfair and cut people off and not give them the last word. that's what i taught you, right? >>. no that is one thing that everybody i sigh as i travel around the country tell mr. o'reilly not to cut you off. i said that's impossible. that's his schtick. you tell him. >> bill: i know. you know why it's impossible? because you bloviate. i have to cut you off. there is only a certain amount of minutes in the day. >> get on to important things that each actually want to hear about like upcoming primaries and so forth. >> bill: we can't tonight. we have to wait for the vote. later on in the week we many analyze what happened here and go ahead to super tuesday.

we always appreciate mr. rove. thank you for sparring with us. directly ahead, president obama issues an appeal for votes that may violate church-state separation. later, is it legal on jesse ventura suing navy seal chris kyle over cril's best selling book sniper. those reports after these messages. or... we make it pink ! with these 4g lte tablets, you can do business at lightning-fast spes. we'll take all the strawberries, dave. you got it, kid. we have a winner. we're definitely gonna need another one. small sinesses that want to grow use 4g lte technology from verizon. i wonder how she does it. that's why she's the boss. because the small business with the best tecology rules. contact the verizon center for customers with disabilities at 1-800-974-6006.

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>> bill: barack and hard place segment tonight, the president is campaigning on youtube this time around and recently said this. >> this month we are announcing the 2012 launch of african-americans for obama. this campaign is powered by folks at every level taking ownership where it matters most, around the kitchen table, barber shops beauty salons in your faith community, at work or at school. and, of course, in the voting booth this election day. >> bill: the controversial

words are in your faith community. because clerics are not supposed to endorse politicians or allow campaigning in their precincts. it seems the president may be challenging that. here is a quote from a campaign web site. congregation captains will take the lead on educating others about the importance of participating in this campaign and how to get involved unquote. wow, congregation, of course, is religious connotation. with us now fox news analyst alan colmes and monica crowley. what say you, monica. >> i can't be 100% sure they are violating the law yet. they are up to the edge. >> bill: let me read the law. irs code 501 c, churches and religious organizations are prohibited from directly or indirectly participating in or intervening in any political campaign on behalf of any candidate for elected public office. president obama is asking them to do that, all right. but if they could do it, they are in violation. >> that's right. that irs code points to tax exempt organizations like churches and other religious

institutions. so i don't think they have quite passed the line yet but they are getting there and here is where the line is crossed. if the obama campaign decides to go into these churches with money, with volunteers, these congregation captains if they start giving them campaign literature and involving themselves directly into these parishes, into these churches that's a clear violation. >> you say they are straddling the line. >> they are getting very close to. >> colmes? >> i wish you wouldn't do that. organize where you want. i want chunks out of politics and politics off of religion. >> bill: you are objecting to what the campaign. >> i wish he hadn't gone there that being said, the violation of the code that you put up, really has to do with the church doing it this is a candidate doing it parishioners. >> bill: ace explained to monica and i will reexplain it to you. he seems to be encouraging clerics and congregation people to do it because he mentions the word congregation. >> congregation people yes. when you have clerics doing it

then they are speaking on behalf of the church and that's where you have a problem. >> bill: congregation is part of a church. >> con get gas gone grey gas can do whatever they want. >> that's where i'm uncomfortable about t. >> bill: you are uncomfortable. have you called the white house and told them. >> contrary to what you think mr. o'reilly i don't speak to them on a daily basis. >> bill: what? they don't like you anymore? from time to time and kroncke they -- correct me if i am wrong they call guys like you. >> i'm not on the list. i would love to take the call. >> i definitely don't get the call from the obama white house. >> bill: wait wait wait. i have another question. all right? [ laughter ] >> i defer. >> bill: what if rick santorum said on youtube we are starting this month a campaign for white people to vote for me and we are going to use the congregation to try to rally it. right? and i'm not being unfair

because barack obama obviously said african-americans, right? so santorum says and we are going to use congregations. what do you think would happen? >> all hell would break loose. he would be called a racist and bigot. he would be drug probably out of the republic primary zero or 2% vote today in michigan or arizona. >> what's the difference? >> there actually isn't a difference. obama is getting away with it he got away with it last time. >> there has got to be a difference. >> let me try to explain it obama got 95% of the black vote last time. there is difficulty with the base. that includes african-americans going into this, this is why he is doing it? >> think about it for a minute. >> number one, political scientist will tell you if you are already the empowered group, that's different from being the disempowered group. natural association for the advancement of the colored people not the advancement of white people. white people are already advanced. if you are the under dog or minority it's different than being the majority group. >> bill: you have more leeway to appeal to a minority group

than the majority? >> one other point. >> bill: is that written down anywhere or is that just. >> that's pretty much accepted. >> it's a double standard that's okay? >> here is the double standard. santorum no influence or involvement in the operation of government imposed the to vision of on country. is he exactly wrong about that what church does he want to be involved and in what way? >> churches have a right to basically say this is what is good for us. >> he said in the operation of government. those are his words that he used over the weekend on sunday. >> bill: do you think it's wrong for the catholic church and other christian sects and even some orthodox jewish sects to campaign against abortion? do you feel that's wrong? >> that's their belief. dr. . >> bill: can they campaign against. >> certainly they can. he is saying the operation of government. using churches. >> bill: that's what he is saying. >> operation of government. that's the key phrase there. >> bill: what you just said is

okay what he is saying. >> i disagree. colmes actually defined it correctly in as far as politically correct acceptability in this country. if you are a minority group can you rally around anybody. if you are a white guy you can't. that's basically true. >> it's a huge double standard and huge hypocrisy but this is the way it is. and unless we call them out on it, they are going to to get away with it. >> all right. so there you go. good segment. we appreciate you guys coming on here. are we now losing the war in afghanistan? can that be possible? the rioting over the koran burns is very troubling. we will have an update. jesse venture suing kyle. it all started here on the factor. we hope you stay tuned to those reports. i love that my daughter's part fish.

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the holly books were being used to pass messages among captured insurgents. after word got out about the burns all hell broke loose pardon the pun. death toll has reached 39 including american soldiers killed in a secure area. president obama has apologized for the burns but many afghan are still furious. what is the big picture here? joining us now from orlando florida colonel david hunt and from washington lt. colonel ralph peters the author of the brand new book cain at gettysburg. has the tide turned against us in afghanistan, colonel peters? >> well, bill, we won the war by early 2002. but we have lost the peace. and we lost it by setting ridiculously ambitious goals trying to turn afghanistan into america. i'm very troubled by the fact that we have reached a point where we had the u.s. commander general alan doing his best telling our troops respect afghan culture, respect afghan culture when

afghans are shooting our officers in the back of head in the interior ministry. yesterday, bill, we hit an absolute low point in obama's war and it is obama's war now when white house spokesman jay carney blamed bush for this week's problems after the koran burns. remember, obama said. >> bill: i missed that. how did he blame president bush? how did he do that? >> the clip i heard he said, you know, this is a result of bush's failed policies over the years. >> bill: here is the deal. the pentagon says that this koran thing doesn't really reflect the majority of afghans. that we are -- the united states winning the war on the ground pacifying very difficult areas. now we are moving into the east to do that. that this is like a blip. is that true or is this a popular uprising against the united states that's going to have ramifications for a long time? >> bill, we have been there for over 10 years.

have spent countless billions. given a lot of blood. and general allen, our commander in afghanistan could into the walk down the street of a single afghan city today unarmed and survive. >> bill: all right. >> yes the taliban is behind the uprising and the rioting, my god we have been there 10 years. where are the people supporting us. >> bill: i agree of the folks are not appreciate what america has done. colonel hunt, you -- do you believe that we are losing the war there that it's all over? >> i think that once -- as with iraq, a war that we are doing turns into a counter insurgency. it doesn't become a win-lose, it becomes a success. we seemed to have left iraq thinking we had success. in afghanistan, once we took the country and it turned into a counter insurgency, you can't define it by win or lose. right now we are not having success. the people at the pentagon talking about the areas they have covered talk about what happens at night. for example, 60% of the cell

phone coverage in afghanistan gets turned off at night because the people are afraid the taliban is going to kill them or people that run the towers. it's not a safe country yet. it won't be for another 10 years. 10 years of war. >> bill: i don't think it will be until the folks start to figure out what they want. do they want the taliban or western style democracy? and, to me, they don't want the western style democracy. always remember, there are no mass communications in afghanistan. they hear rumors and this and that. there is no tv there, no radio. they don't know what the hell is going on there. almost like south vietnam. protect us but not really behind you. go ahead, colonel. >> we didn't go into afghanistan for a democracy as ralph said. we went into afghanistan to kill bin laden. bin laden is dead. >> bill: changed? >> it evolved into this democracy bill, peace keeping which we don't do very well. our guys, we billions of

dollars and lost a lot of guys. the success rate is not good. >> bill: let's give colonel peters the last word. go. >> look, 10 years we cannot get the afghans to fight for the karzai government and they won't fight for us. we have heard again and again the taliban are on the ropes. finished. they have got more volunteers. they have been gaining ground. right now we have a failed policy. a failed leadership. failed president and in vietnam we want every engagement in the ground in afghanistan. we win every engagement in the ground. it doesn't matter. the people don't want our way of life. >> i think that's the bottom line on it all right. i'm looking forward to readings your book on gettysburg, colonel peters because obviously it ties into killing lincoln. i appreciate that. >> congratulations, ralph. >> thank you, just out today. >> bill: thanks. when we come right back is it legal jesse venturing suing kyle over book.

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>> bill: thanks for staying with us, i'm bill o'reilly in the is it legal segment tonight. on december 6th. pennsylvania judge mark martin dismissed a case brought against 46-year-old muslim. apparently he attacked an atheist named ernie pierce for mocking the prophet mohammed at a halloween parade. >> i am mohammed the prophet. [speaking foreign language] >> call the cops? >> hey, no. >> he hey, what's going on? >> hey, he is attacking me. come here, cops. >> here now attorneys and fox news analyst kimberly guilfoyle and lis wiehl. the basic set up on this is this dopey parade, right? this guy is dressed up like mohammed, right?

this provoke tier. >> zombie of mohammed. >> he goes and confronts this muslim guy the muslim guy allegedly pushes him or grabs him or whatever. the judge basically said, hey, we're not going to prosecute it, why? >> he dismissed the case. he said there was a lack of evidence. look at the video that's very good evidence right there. >> bill: wait, wait, wait. i couldn't see anything there. i just heard a bunch of stuff. it's dark. >> it's pretty good. i watched it a bunch of times. also what you didn't see in that video they are yelling not the victim here yelling hey, this is america. this is the first amendment. so there were other people around that saw something was amiss. he kept on going. tried to keep on going in the parade. they finally found a cop. he told the cop the muslim told the cop. yes, i did hit him. and i hit him because i had to do something for my religion. my son was there. >> and the police officer testified there? >> testified to that. he then later recanted. >> so the judge then guilfoyle looks like overstepped his bounds here by throwing this out. what was his rationale?

>> the judge tried to explain later but he has come under intense criticism of it. judge martin said i believed there was reasonable doubtenned i did not feel that the case was proved sufficiently to warrant a conviction. >> bill: even with a police officer testifying. >> correct. essentially because the defendant in this case from telog came in and took the stand and said i didn't do that. i didn't touch him. i didn't assault him prior inconsistent statement. prior he admitted to the assault. >> bill: any other witnesses that we know of. >> no other witnesses testified. >> bill: judge isn't a total loon. if there are no other witnesses, just that video that you can't really see. >> and the cop. >> bill: police officer is after the fact. the officer didn't witness it? >> why we confess to something he didn't do. the reason the judge has gotten into so much trouble over this is not just the dismissal but what he says to the guy when he dismissed it. he said he colded him he said you are a dufus. >> bill: the muslim guy. >> no. no the atheist. >> the judge scolded the atheist and said where in the

crowd does it say mohammed rose from the dead. >> bill: he scolded the guy who was dressed up as the muslim mohammed zombie the judge did. >> yes. when he was dismissing the case against the atheist. if you were doing this in muslim countries you would be dead. you don't bring in sharia law or mention of it. >> bill: you believe the judge was sympathetic to. >> inappropriate. that is not the rule of law in this country. we don't go by sharia law. >> sympathetic to the muslim guy. >> this is a first amendment issue. he had an absolute right to do this. >> bill: he can't come back. >> can't come back. done. >> bill: okay. on january 5th, this year, we had navy seal chris kyle on the factor talking about american sniper, go. >> bill: you say you knocked jesse ventura to the floor with a punch. now, you don't mention his

name but everybody knows who that is. number one, that happened? you knocked him out? >> i knocked him down. >> bill: knocked him down. ventura says he is going to sue keil, rights? >> ventura had in fact sued kyle, specifically brought a case against him for defamation saying he made a false statement that he was never there and this didn't happen. here is the problem, jesse ventura is actually a public figure. he is going to have to in minnesota now they are seeking to remove the case to a different jurisdiction. the point is there are three witnesses that the factor and dan has specifically spoken to. >> bill: we absolutely investigated it we have three people that back kyle up. >> show actual malice. >> bill: what does it do that ventura is a public figure. >> because the standard of proof for a public figure for defamation goes way up. it's actual malice. he has to show when that book was written. >> bill: if it never happened that's malice. >> no. >> it's an absolute defense of

defamation. kimberly is right. three people who talked to our producers and said we were there. it happened. >> listen, ventura is going to lose this case. it's going to be thrown out. number one throughout is a defense. eyewitnesses not just navy seals but other people in the community. >> bill: just doing it for publicity you think? >> yeah. give me a break. he is also alleging a conspiracy against fox news. >> bill: fox news did it? >> and harper collins published the book. everybody is out to get him. >> bill: is he a truther. he believes inside job on 9/11. >> except he didn't like the truth here. >> bill: is there any linkage between the 9/11 attack and this? has he done it yet? >> he has a conspiracy show next week. >> bill: so you both think this is just bogus? >> ridiculous. >> bill: thanks very much. coming back with charles krauthammer on tonight's votes in arizona and michigan. then michael douglas the actor helping the fbi track down financial criminals. moments away.

a >> bill: back of the book segment today more important votes. in just a few moments we will hand things over to bret baier and megyn kelly when the polls close in michigan. first, joining us from washington fox news political analyst charles krauthammer. any feelings about the vote tonight, charles? >> i think it's pretty clear. the polls have been very accurate for just about every state. we do so many of them and their accuracy is much higher than used to be in previous years. it's clear that woken state arizona is going to go heavily to romney. that's a winner take all. that was expected. at least he has a fall back in case he slips in michigan. in michigan all the polls suggest and i would probably place a bet that romney wins by a squeaker. now, because that is his native state. because he won it big in 2008, because it should be a state he is going to win easily,

that is not exactly a strong finish although if he finishes second, even if it's a squeaker that will be something of a defeat. it doesn't change the overall dynamic of the race. romney is the one who is sort of in control. it's a long marathon. he has got the resources. slowly. he is the tortoise slowly but surely. i do think it points to how weak a candidate he is. you know, he he should not have to struggle to beat santorum who came out of nowhere. and just squeak it out or perhaps come in second. >> bill: isn't that a little misleading though? because romney's strength is not in the conservative precincts. his strength in the independent precincts which will be much more prominent in the general vote? so, when you say he is a weak candidate, the implication is that obama is going to wipe him out whereas if you see all the national polling, rasmussen did one yesterday, romney either wins or is very very close. i don't know if is he so much a weak candidate or in this

situation where republic conservatives dominate a lot of these votes. there he is a weak candidate but overall i'm not so sure. newt gingrich said something very interesting that is he laying back down south saying hey, let these guys shoot it out. all. this i know i'm going to get trounced tonight but when they come down here it's going to be a different story that he is going to bring the lightning and take georgia. and take other states, ohio. and do you think he will be? >> okay, two points. on romney's weakness, in an election year where the incumbent president has over 8% unemployment and he promised it would be 6% or less if you did his stimulus. where you have got the worst economic come back of any recession since the seconds world war. you have got a government that's added a trillion dollars in debt in one term. you should not be running neck and neck. so that already is a sign of weakness. and he really ought not be struggling santorum the

problem with romney is he keeps saying stuff like the wife's two cadillacs or i'm not really a big fan of nascar but i know the owners of the race car teams. this is just a candidate who is not fluent in candidacy. it's not his thing. he is a businessman. he is a good man. i think he will make a good president. he is not a good candidate. i think if are republic. if you want to beat obama you have to admit that. he will probably end up being the nominee but it will be a struggle. on gingrich is he whistling in the dark in the south. let's assume he has a couple of wins in the south? where does he go? defining himself as a regional candidate. it's not enough. once you are beyond super tuesday, where are you going to go? i think gingrich is going to finish fourth behind ron paul in michigan. i think he has had a really bad run. i'm not going to pronounce him dead because you can't do that a third time. i did it already twice and i'm done with that. but he is a very very long

shot. i think he stays in the race because i think he wants to end up in tampa and wants to have an impact. the path to the nomination for gingrich is extremely improbable. >> bill: putting your money on romney to be the nominee. you think romney is going to have a hard time with barack obama even though polls and research shows that independent americans are more likely to vote for romney than the president. what you are basically say something that some conservatives are going to sit it out and not come out. that would be the only way you know if the conservative right wing say we're north going to vote for romney we would rather have four more years of obama. >> no. i don't think that's the analysis. here's the analysis. i think the weakness that romney has is not the conservatives won't show up in november. they will. they want obama out hand that will override everything. the problem is with a reagan democrat. the white working class that obama lost in 2008 by about 8 or 10 points, have you got to win that by 20 points. you can do that, some of the

republic candidates in theory could do that. romney is weak with that segment. he knows it. that's why he tries to do the every man thing. and he keeps tripping over himself. if he wins that constituency, he wins the presidency. but that's where he has got to work. that's where he is -- he will lose it. >> bill: should get in a pickup truck and drive around with a gun rack? >> eat pork reasons that were left over from the bush administration. if santorum whips him in that constituency, it tells you that's where he has got to go. that's the work he has got to do. >> bill: charles, thanks, pinheads and patriots on deck. michael douglas helping the fbi catch financial bad guys. p and p two minutes and change away. ok! who gets occasional constipation,

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>> pinheads and patriots and michael douglas with the fbi in a moment. audio book remains number one for the fifth consecutive month which is extraordinary, to say the least. if you become a bill o'reilly premium member, we will send you the book absolutely free of charge. please check it out on billoreilly.com. now the mail. from california. >> that's a good question, dave and believers can drive policy. they just can't do so in the name of god. the sps obviously don't use god so that's the difference. from idaho.

>> get a hearing aid. get a clue, dwight. he clearly said the speech makes him nauseous. that's what he said. >> from california. >> and that's the standard you want me to use, gary, the hollywood standard? we have more class than that. jeff from arizona. >> you need to relax, jeff. we simply had a few laughs. and from washington.

>> i'm glad you enjoyed it, january. you can check out future shows in chicago, indianapolis, tampa, palm beach and florida. all of that on billoreilly.com. and tonight, finally, pinheads and patriots. you may remember the movie wall street where michael douglas played a character, gordon. he proclaimed green is good. now he's working with the fbi trying to track down greedy financial people who may be breaking the law. >> in the movie "wall street" i played a greedy, corporate investor while others lost their savings. our economy is dependent on the success and entering right of the financial market. if a deal looks too good to be true, it probably is. >> the fib said they are now investigating hundreds of

allegations of white color crime on wall street. it's a good thing, so mr. douglas is a patriot. that's it for us tonight. please check out the factor news website. different than billoreilly.com. if you wish to opine, word of the day, do not be a mikcreant when writing to the factor. all right. let's go to bret baier and megyn kelly who will anchor the primary coverage this evening. >> welcome to headquarters for the elections. i'm bret baier. >> and i'm megyn kelly. polls are about to close. it looks like mitt romney is having a very good night in arizona. michigan may be a little tighter. >> romney looking for a critical victory in the state where his father was once governor. but rick santorum has so far put