wire.com. we'll see you tomorrow night. good night from washington. ill:. tonight. >> it's a tragedy and a shame. >> oprah winfrey weighing in on the trayvon martin situation but is the media being ir responsible by taking sides. >> let's face it. people have sex. that is my service. i'm using my best asset. >> legalization of prostitution may be coming to closer. we'll analyze. >> you are an atheist? >> i am. >> why? >> because i believe in reality. >> american atheists hold a big rally in washington. i get bet they would rather see jesse waters. >> are you worried about going to hell? >> caution you about to enter the no-spin zone. factor begins right now.

>> bill: i'm bill o'reilly. thanks for watching us tonight. media not backing off while trying trayvon martin situation on television. many are demanding that george zimmerman should be arrested and we can add oprah winfrey to that list. >> it is a tragedy and it is a shame. we are sitting here 33 days later and there hasn't been an arrest or questioning of actually what happened. it's a tragedy and it is a shame and we all know it. black people, white people, yellow people all over the country and world are saying the same thing. it's a tragedy and it's a shame and justice needs to be served. >> bill: it is certainly a tragedy but miss within friday

there isn't a questioning of what happened, i'm surprised. she is usually responsible and fair in her assessments. but her intentions are mostly good but not on this one. florida special prosecutor knows far more about it than oprah or anybody else that are demanding so-called justice. talking points believes that the state of florida will get to the bottom of what happened. and take appropriate legal action that could mean arrests or prosecution or not. it didn't believe corrupt. i'm angry about the rush to judgment. when it comes to trayens parents they should be cut some slack. >> i believe george zimmerman hunted my son like an animal. my son tried to get away. because he couldn't dwayne my son and altercation ensued and my son was shot and killed. >> bill: now she is entitled to

state what she believes. she deserves respect so goes for his father. >> i most seller certainly don't know zimmerman's character but what i do know my son was racially profiled. i know that. the whole world knows that. >> bill: we respect to his opinion and it points to racial profiling but that is not a proved fact. that is what is wrong with the media in this country. no longer the facts matter. accusations are enough to condemn folks and press doesn't care who gets hurt in the process. allegations becomes front page news. no media observer the night he was killed yet there they are exploiting the death of the young man. inciting violence against the system. that is memo. >> now to the top story.

benjamin crumb% lead attorney. so we had someone on earlier this week and she was satisfied and the martin family was satisfied with the florida special prosecutor and the way they are going about things. is that true? >> yeah, we are, bill. but after 33 days you would think there would be at least an arrest. >> bill: you are frustrated because of the time? >> yes. >> bill: but you don't believe there is corruption on the part of the state of florida? >> i know what the police department, we now have facts come out. >> bill: but they took it away from them? >> we look back at that just for a second. the lead investigator he didn't buy zimmerman's story. he said it wasn't credible. the state attorney general and police chief overruled him. >> bill: that is why the state of florida moved in and said, no we're not going to let the locals do this, because we want a clean investigation. what i'm trying to say,

counselor, you are in the media and putting forth the family's point of view. we respect their point of view. you as a representative have a right to do that, too. the rest of the media, all right they are making these judgments based upon stuff they don't know what happened. because the other side is saying exactly the opposite. so why don't we all pull back and let the system work here? >> here is the problem with pulling back. the state stepped in because of the media and public. at this point, the longer things go without anything happening, the next story comes and you kind of forget about it. >> bill: that is not going to happen in this case? >> i would hope. >> bill: i won't let it happen. >> can i hold you to that. >> bill: i have said from the beginning, i want justice in this case. that is what i want. but we're not going to get justice if we have mobs like black panthers screaming to hang

a guy and people tweeting zimmerman's home address. this is the danger, counselor. >> yes. i agree with you completely. what we hopefully have a dialogue how can this investigation have happened like this where you get to it and person is killed and he is allowed to go home that same night. >> bill: the law in florida changes everything. in another state that would never happened. >> the on thing is this here. if you reverse those facts, trayvon martin he could have self-defense, he would have been arrested. >> bill: that is speculation. >> but you look at those statistics of what, people are allowed to say stand your ground but we need to look at statistics. we i do think it's irresponsible

but more things come out of this investigation, there is more than enough evidence to affect an arrest. >> bill: as an advocate for the family, i respect you putting that forth. as you said and your associate said, you are not accusing the state of florida. let them do a methodical investigation. so when they do come to a conclusion whether it is an arrest and prosecution or decline to prosecute all the facts are there. so there are not loose ends. that is the fair way to do it. >> don't you agree we have to keep watching. you are looking so and we hope that nothing like this happens again. this attorney and police chief came up there and you saw the video. don't take my word for it. >> bill: i can't maim a judgment on a video. i just can't. it's not my job to do that. >> let me ask you this:

zimmerman said his head was banged along the concrete and his nose was broken. you watch that video and had a she see how he comes out of the car. >> bill: you can make yar case here or make it in the court of law. it doesn't matter here. it does matter in a court of law. special prosecutor is going to see the tape. special prosecutor is going to listen to what you present to him. so why does oprah winfrey or msnbc have to convict zimmerman on television? why, it's unnecessary. >> i don't know that, they are calling for an arrest. there is a big difference between an arrest and conviction that is the thing the lead investigator on the case, person does this on day in and day it on. >> bill: lead investigator has

to be belg telling them. >> state attorney who was there, for whatever reason came at night. that is unique the state attorney comes out that night. he came out and made a decision to overrule the lead investigator. >> bill: those facts will come out. that police chief is out of there. >> he is not gone, he temporarily gone. >> bill: and if the state attorney did something wrong, the state attorney will be out of there. the sheet on. that is good. i want the heat on. you know, it's wrong to convict anybody on television. i'll give you the last word. >> just think if you were the parents of that child. after 33 days. >> bill: very frustrating and painful. absolutely right. everybody should respect those parents. thanks for coming up.

>> next on the run down, laura ingraham will predict what will happen with obamacare. jesse waters go to an atheist

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segment. laura ingraham is in from washington this evening. before we get to obamacare and supreme court. you used to clerk for clarence thomas and you know how this works. i want to walk through how it works. you heard the interview with crupp. >> i think was good conversation. you pointed to the fact that while people might hear some of the things parents are saying and feel that i can like that is not fair. you have to give them a bit of a pass. they have lost their child and it's a horrible thing. the degree to which some have exploited this is really reprehensible and repugnant. the fact that you have an elderly couple who are afraid now to leave their house because their address has been tweeted by spike lee saying it's george zimmerman's address. what did spike lee wanted p.m. to do?

>> they had to move out of their house. >> right. when rush limbaugh apologizes for something it's not meaningful but when spike lee apologizes and terrified an elderly couple, okay, maybe. but the fact of the matter is this is a process, the process is going to be more eliminating day by day, but to say this is a statement on how racist america is or he was definitely profiled by racist man, i think that is just outrageous. you can't say that yet. maybe you won't be able to say that at all. >> bill: i'm confused about the supreme court. when i get confused everybody gets confused. >> oh, yeah. >> bill: i'm hearing that tomorrow, friday, there is going to be some kind of. >> conference. >> bill: tell me about it. >> this is what happens after oral arguments. justices will meet and they have a specific time they meet after

oral arguments, wrap-up for the week that is when they chat and talk about the case a little bit more. the chief justice runs the conference, most junior justice takes the notes. i guess that would be kagen taking the notes. keeping the notes for the rest of the conference. ultimately a vote is taken on every case that has been heard throughout the week. that doesn't mean that is the final vote, but it does mean that is the time where opinions are assigned. majority opinion will be assigned by the most recent justice. if obamacare is struck down, most senior justice will support that and that will be most likely chief justice roberts. defense is assigned to one justice. after that is written they circulate around the could you tell. court will be able to see a draft of these opinions and

other justices. at that point might decide to write separate opinions. >> bill: can they change their minds? >> yes, they can and most amazing example of that is the famous abortion case where justice kennedy switched his line. this has been written about, switched miss mind and decided to go more liberal justices on the question of the wester versus reproductive health. >> bill: let's recap. they are all in one room tomorrow, this is what i feel about obamacare, individual mandate, i think the whole law should be -- do they try to persuade each other? >> to some extent that could happen. >> bill: it's civil? >> yeah. >> and somebody will write for the majority and some will write it for the minority. but this top secret?

>> yes, the clerks will know. the clerks will have received the opinions. >> bill: clerks call up and tell us? >> no, they won't. they better not. no. that never happens. >> bill: possible? >> never. that has never happened to my knowledge. >> bill: we're not going until really june when they make the official announcement whether obamacare lives or dies? >> the entire law could be struck down. if there is no way of referring to separating out the law, it seems to be a muddled argument on that. i'm not sure where the court will come down on that. it could be all struck down or partially struck down. that could happen. >> bill: laura ingraham. directly ahead, things like legalizing vice. will that happen? will that happen? culture warriors are next. if you have copd like i do, you know how hard it can be to breathe

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>> bill: culture wars, province of ontario, canada, legalizing prostitution. a growing trend. nevada is the only state where prostitution is allowed. new poll asked the question, to help solve america's fiscal problem, 47% say they should legalize marijuana. there is no question that the rise of secularism is the u.s.a. and decline of religious values will impact public policy. culture warriors, where do you stand carlson on legalizing prostitution and pot? >> no on pot because i think it's addictive and leads to more serious drugs. prostitution i am a little

square shi on because if you do legalize it than women will not be the only ones going to prison as a result of it. it could be consenting adults and doesn't lead to anything else. they can be checked for disease and no sexual assaults. it's demeaning to women i could be convinced to a certain degree >> bill: do you think prostitutes are knitting a crime? >> tha is the case. >> if it's two consenting adults. >> bill: i'm not talking about white slavery. they are grabbing kids under age. i'm talking about two adults going into a financial transaction for the purposes of prostitution. do you think that is crime? >> i don't. if it's regulated but it's tough to regulate. >> bill: all right. jeanne is former prosecutor here

in new york and you come out with a legal point of view. is prostitute committing a crime? >> absolutely not. as a d.a. and judge i've handled these cases. as d.a. you realize the women that are involved in prostitution are the woman who are victims of sex trafficking. illegal immigrants that are being threatened here and they have nowhere to go. we should legalize prostitution but as it relates to marijuana, no, no,. we can decriminalize it but it's not the burden on the criminal system and i was a narcotics judge for a year. kids that are using marijuana are twice as suppressed as other kids, they think about suicidal thoughts. if you have drunk drivers who are one of the greatest killers of people in this country get them high, you can't tell they are high behind the wheel of a car or in the workplace. everyone is being jeopardized.

>> bill: marijuana is so pervasive. why you are battling it because you can't win. you might as well take the tax money. >> i say that poll is wrong on its face because you really think that taxing people who buy medical marijuana is going to solve it? >> bill: buy it at 7-eleven it's not going to make a dent on that. >> we need to tax a entitlement program first. the reason i don't want marijuana legalize i do believe it's psychologically addictive because i know people that are addicted to it. it sends a message to children. mom and dad, my daughter said to me the other day. i'm going to do this. everybody drinks but you, dad. there is a reason for it. but she 13 years old. everybody drinks, everybody smokes pot. that is the wrong message for

children anywhere. that not just american children but anywhere. >> it is the wrong message and we have seen from alaska where they leldz pot isens were twice the rate they were in the rest of the country. they went back and re-criminalized it. people have different reactions to drugs. you can't assume whether it's relates to alcohol you are saying everybody is going to react the same way. >> bill: there is no significant on drinking alcohol in this country. 10% of american adults have a problem with alcohol. they are alcoholics. that is big number. there is no stigma. there is a stigma today on marijuana simply because it's illegal. there is. even if you don't want to accept it. you got to watch your butt, pardon the pun because doing that you can get hauled in. that the only thing that standing between marijuana and alcohol. >> the more we allow these

things to become legalize we allow the secular society coming into culture. it it will turn back the time. >> what is alcohol a gateway drug to? >> bill: you got a bunch of pot users. >> their brains are fried. [ laughter ] >> bill: you can't be watching the factor. you will never be able to follow us. >> jesse waters goes to atheist rally. should the american clergy tell the people of faith who to vote for. they can legally do it but should they morally do it.

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>> bill: atheists on display. last saturday a bunch of godless people, held an event in washington called the reason rally. goal to celebrate secular values. who better to send to that rally

than jesse waters. -- watters. >> are an atheist, why? >> because i believe in reality. >> do you believe they are punishing the atheists ivh saw the forecast, i thought that was going to be lead story on fox news. >> do you believe in nothing? >> absolutely. >> what was that all about. >> are you worried going to hell? >> how can i be worried about something that i don't believe in. >> if there is a hell, this is closest to it. >> it's no the that big of deal, okay. >> what happens when you die? >> when you are die you are going to be dead. >> i really hope i can be a skeleton in a science lab so i can hang around naked. >> that is creepy. >> you seem quite talkative this morning. >> what about tim tebow.

>> if i could write it on my chest, continues to you think i would do that. >> it might not work. >> what happened in hospitals. >> if tim tebow asked you out, what would you say? >> i think i would meet somebody with my same values. >> sometimes god says yes, sometimes she says yes? >> there is no god. >> why do you call her a she? >> why not. >> if you guys were to convert what would you choose to believe in? >> yoda. >> that the heck is that. the belief there is a flying spaghetti monster. >> that is what they were shaped like. >> what would you tell them. >> some christian beliefs are insulting to me. >> can i baptize you right now? >> oh yeah,. >> what happens?

>> knock. >> you get nothing. >> got it. >> don't take the word in vain. >> jesus christ could have been a very good guy. >> did you hear it. >> that is your problem. how did the earth get started? >> it was matter due to gravity that collected on its own. >> i don't know. >> evolution. big bang. >> it's created a chemical substance. >> we don't know how it started. >> every time we were something fine. oh god did it we would be in the stone age right now. >> so you are taking a leap of faith there, right? >> no. >> how are you going to convince god to let you in heaven? >> there is no god. >> how do you know? >> try to get a plum other a

saturday night. >> do you watch the o'reilly factor? >> i hate bill o'reilly. >> i got nothing to say to anybody on fox news. i'm not sure who you are. >> it's amazing. >> this is awesome. this is awesome! >> bill: were they nice to you in general? >> no, they were heckling me but wi was raised as a quaker. i didn't knock anybody's head off. there were two that were trying to get under my skin. >> bill: what as the political bent of the atheists were. they democrats or libertarians? >> they are mostly all democrats and want more political power. these were hard-core activists. when they withdraw money from the atm and they take a pen and cross out in god we trust. the kids are being assaulted by

christian political values. abortion, contraception, they want more representation. >> bill: there is so few atheists? >> 15% are atheists. >> bill: you could run on the atheist ticket? >> they did a poll on that and a gay president or a muslim president is more popular than atheist president. they have a long way to go. >> bill: how many people at the rally? >> about 10,000 to 20,000. this is coming out for atheists. this is supposed to inspire atheists to come out of the closet and get rid of stigma. >> bill: jesse watters causing trouble. should the american clergy get involved in the presidential election? and then the american news quiz, out of control famous peopl

>> bill: i'm bill o'reilly. should people of faith be told by their clergy who to vote for in the presidential election. i put that question to timothy dolan, forcing catholic entities in their insurance programs. >> would you say to american catholics don't vote for president obama based upon this intrusion? would you say that? >> i wouldn't, i would never say don't vote against or don't vote for a particular candidate. even very faithful candidates don't like bishops or priests telling them out how to vote. >> joining us is author of twilights last gleaming how america's days can be the best days. okay. we're going to start with you dr. jefers. you get the separation of church

and state you can't go up to the pulpit when you are preaching and tell your congregation who to vote for. but as a private citizen you can go out with a bullhorn and run around dallas telling everybody what you want and want what you don't want. is it morally advise amp for you to do the latter? >> i think it is, bill. i think secularists have done a great job of brainwashing anything that pastors and churches should have no involvement in politics. that is ludicrous. it was because martin luther king got involved with politics we had a civil rights movement. if pastors are not the forefront of leading for moral change in this country, who is going to be? >> i have had friends that heard you preach in the church and they say you get real close, pastor, real close. there is no doubt that you want

your congregation, according to my people reporting back to me to vote against president obama? >> let me tell you what i recently did. i talked about what the bible says about abortion. i traced what happens to niasz that kill their children. then i read barack obama's own words about abortion and cited his record including the fact he was the only illinois state senator to vote against a bill that would protected babies that survived late term abortion. i don't have to tell people not to vote for obama. they can connect the dots themselves. >> bill: is that legitimate? this is what doctor jefers says. you were in the pulpit, would you do that? >> i think he is a wrong in a few ways. because he is not just a pastor in a pulpit. he is the pastor walking down the street too. >> bill: his sermon quoted the bible and he injected his

opinion about nations that go and support of abortion freefall. he read the president's record on abortion. would you do that? >> you have to stick to the issues. you can't malign the president. >> bill: i don't know whether he did that that or not. this is what the president has done. >> do you remember when he was supporting rick perry and you were introducing rick perry and you referred to womanism as a cult. so now you are going to support the very man whose religion you defamed publicly. so you wouldn't be in this predicament would you? >> first of all, father beck, i did not call mormanism as a cult. people asked me about the nature of mormanism. second thing i would point out, i did that on a friday afternoon

on my own time. i made my own expenses. church spent no money. when i became a pastor i didn't surrender my first amendment rights. >> bill: let's put that aside. the other issue is more important. you have a presidential election. what is clear in cardinal dolan's interview that he doesn't like what barack obama is doing. very clear. that is fine, you said. >> because he does like other things that barack obama does. >> bill: but this is overriding that. >> no, it's not. >> bill: oh, you don't think that is the overriding issue? really? >> capital punishment, care of the poor, immigration. it's the truth though. >> bill: no, not for cardinal dolan. >> it's five against one. >> you do the math any way you want to do it. cardinal dolan is worried about intrusion of federal government into his church.

>> i just returned from jerusalem, i took a group of people to the holocaust museum. i said this is what happens when pastors and christians don't get involved in politics. the great travesty of the holocaust was pastors and christians by and large remained silent. we must stand up against evil and the killing of children in our country. >> bill: all right. very interesting debate. i appreciate you coming in very much. in a moment, great american news quiz, out of control famous edition. that is up next. that is up next. as the factoremotional here? aren't you getting a little industrial? okay, there's enough energy right here in america. yeah, over 100 years worth. okay, so you mean you just ignore the environment. actually, it's cleaner. and, it provides jobs. and it helps our economy. okay, i'm listening. [announcer] at conoco phillips we're helping power america's economy with cleaner affordable natural gas... more jobs, less emissions, a good answer for everyone. so, by reducing the impact of production...

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>> bill: great american news quiz, out of control famous people edition. two people who do not qualify,

martha mccallum and steve doocy. martha playing for clint bradford and if you would like to win great prizes sign up at our website. out of control edition. >> i'm sorry. there was one time recently. >> bill: question number one. after bad behavior in office, richard nixon resigned in disgrace. >> i have never been a quitter. to leave office before my term is completed is abhorrent to every than stink need. as president, i must put the interests of america first. therefore, i shall resign the presidency effective at noon tomorrow. >> bill: he was still a disliked figure for many years after that

resignation. in 1980 he was rejected by building residents why when he tried to buy an apartment in one city. >> bill: cards up please, new york city. the board termed him down. >> he lived in new jersey. >> bill: fairly close to mccallum's residence. that is interesting. >> bill clinton was accused of being out of control in dealings with women. >> i want you to listen to me. i did not have sexual relations with that woman. i never told anybody to lie, not a single time. never. these allegations are false. >> bill: okay. now that led to the house of representatives voting to

impeach mr. clinton. who was the other u.s. president voted for impeachment. >> bill: cards up please, andrew johnson, one vote he escaped. but that was good. you are two for two. we have something going here. question number three, actor wesley snipes stopped paying his taxes, leading to a three-year prison sentence. controversial director spike lee visited snipes. which movie did the two men work on. >> bill: cards up please. answer is roll the tape. >> why are we out here tonight? >> i cheated.

>> you dropped a bomb. >> bill: okay. that was jungle fever. you were both wrong. after that, spike lee tweeted the address of the jail. that is wesley snipes. >> one of my favorite singers, he was the members of doors, jim morrison and one of the best front men in rock history. ♪ ♪ ♪ >> bill: i do a great imitation of morrison but not with the allergies. some day i will do that the factor when i resign my position. [ laughter ] he had a substance abuse problem. where was morrison when he died.

he died in bathtub in paris. >> that is what you said. >> bill: i don't know what that means. >> is there a reason you went there? >> because i was big fan of the doors. you were a big fan you were two years old. >> he was gone already. that is why i went to the cemetery. >> bill: doocy and i were there. i actually saw morrison. had these leather pants on. >> that is what you remember? >> bill: before lindsay lohan was out of control she was a very talented child actress. >> you are in my body and i'm in your body. yes, i hear what you are saying. okay.

over there, and i go over here. when i say go, ready? go! >> okay. that was stupid. >> bill: academy awards. who played in the role of the original film? >> bill: cards up please. that is right. there you go. jodie foster, tie-breaker made her name in what movie when she was famous. >> taxi driver. >> mccallum wins. >> pinheads and patriots on deck. vice president biden saying something unusual. p and xp. is just over two minutes away.

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>> pinheads & patriots, in just a moment, featuring vice-president biden. if you but first, the mail... >> it's bigger than racial profile, bill. the black community knows darn

well, the police would have charged a shooter, had he been black. >> that's speculation, steve. have you to be careful with that. >> no, but he can be sued by the couple who had the home because their address was made public. >> as the cardinal said, steve, that might help the president. but with churches having a tax-exempt status, he would be crossing a very tough line if he did that. >> of course, i'm wrong now and then,ular rye. nobody's perfect. but what separates us is that we base analysis on proven facts and don't factor in ideology. that cuts down on our mistakes.

[chuckles] >> what flavor cool aid are you drinking today? i hear grape is very tasty. >> that doesn't mean that, mark. about half the people polled didn't have the answer the question. the second most trusted is cnn at 17%. so you can see how big the plurality is for fnc. >> we are working on southernidates at the end of the summer, jim. in the meantime, come north to the new york city show on saturday, may 12. great weekend to be here. you will love it. the show at town hall will be rocking. or come to indianapolis on june 22 and we will be in chicago june 23.

details on the bolder, fresher shows on bill o'reilly.com. >> that's the greatest deal in the world. i hope you like the book, susan. we will have special coverage of the presidential election, just for you guys -- a lot of special stuff to the p.m.s. finally, pinheads & patriots, speaking in a community college in iowa yesterday, vice-president bideen attempted to thank the college president, dr. terear reesea paper. >> thank you -- terry. and thank you... dr. pepper. and thank you chancellor and -- dr. paper. thank you, chancellor for -- for this -- this partnership of yours. >> well, you are welcome, mr. pepsi. [chuckles] >> or something. he likes a little tired there.

he was a pinhead, but everybody makes mistakes. dr. pepper. that's it for us. please check out the fox news factor web site, different from bill o'reilly.com. we would like to you spout off about the factor from anywhere in the world. name and town, name and town if you wish to opine. no jobation in writing to the factor. now, dwhow write to us, i always say this, but we are getting -- we get -- i don't know, i am trying to think, maybe 16- or 17,000 emails a lot. put the headline in the first sentence so i know where i am going. like "i would rather invest with bernie madoff than you..." that gets my attention right away. please, always remember the spin stops here because we are definitely looking out for you.