death. president obama makes a surprise visit to afghanistan. >> mitt romney responding to the obama campaign saying he hay not have gone after osama bin laden. that accusation against the governor irresponsible? a growing political controversy. >> we, learn to ignore [ bleep ] >> bill: also a gay activist attacks the bible at a conference for young people. some students walk out. outrage is growing. we'll have the latest. >> caution you are about to enter the no-spin zone. the factor begins right now.

>> bill: i'm bill o'reilly. thanks for watching us tonight. president obama, afghanistan, bin laden, that is the subject of the talking points memo. at 4:00 a.m. afghan time. president told the world we remain strong alleys against the war on terror in general. it marks the anniversary of osama bin laden's death. president did a good thing by going into the war zone, showing the world that the u.s. power is firmly intact. it sends a message that america will not tolerated terrorist attacks but most importantly the xhard in chief he rallied the zbloopts time and again they have called to serve in distant and dangerous places. these americans stood tall. they have. >> u.s. and nato forces have done an outstanding job in a god

forsaken place. but there is a controversy over the death of bin laden and here he has made a major mistake. it all begin with a political ad. which path would mitt romney have taken? mitt romney criticized barack obama for attacking inside pakistan if necessary. >> i recommend everybody take a look at previous statements whether they thought was appropriate to go into pakistan and take out bin laden. >> bill: so mr. obama implying that mitt romney might not have had the guts to kill bin laden. pretty strong stuff that may be unfair. here is what the governor said on august 5th, 2007 when he answered the question about going into foreign country to kill terrorists. >> america always maintaining our options to do whatever we think is in our best interests of america. we don't go out. if there was a problem in

germany, we reserve the right to keep get him out. we keep our options quiet. >> bill: i think fair-minded americans know that eighth long way he would not go into another country to get bin laden. the question becomes, is mr. obama exploiting the death of bin laden for political purposes? only you can make that call. i can say i think what the president has done is a huge campaign mistake. last night on the factor, senator john mccain was furious on the way obama attacked mitt romney. independents might think might think what the president has done will fall into the cheap shot category. that is a memo. and monica crowley and colmes. i'm sure you disagree with that. however, barack obama gained major points by going to afghanistan. i think anybody would say, yes,

that is a good thing to do on the one-year anniversary, go to the theater, thanks the troops and send the message. he diminishes that, good thing, by the shot at romney, does he not? >> i don't believe he did. i don't think he implied that he didn't have the guts to go in. another romney's statements i don't concur with a plan to go in alley where the country of alley of ours. that indicated that romney at the time he said this during the last campaign in 2008 isn't sure he would do. now, he says, of course i would have done the same thing and he brought up jimmy carter, jimmy carter did do such a thing and his presidency ended on the failed delta force mission to get the hostages in iran. think romney bungled it. >> here is the problem with the president. commander in chief goes into a

combated zone where u.s. troops are still fighting the war today excellent job. but he negated a lot of the good with his campaign ad because the problem is just isn't going after mitt romney and going after perhaps his qualifications to be commander in chief. he was questioning the man's integrity and man's character and saying this is guy or implying questioning about without a shred of evidence that mitt romney would not have made that call. i think that is a grossly and unfair and political slam against governor romney that was unkroold called for. it shows, i think, to your point the men in combat zone, it shows small minded man in barack obama. >> bill: so you have john mccain. war hero, correct. he is not a crazy pain. he comes in and he says, this is unseemingly.

this is not the way to debated the issues by implying you believe it or not. that was the implication. because there was no other reason to do it. >> mccain is a genuine hero. he ran against barack obama and lost against him. romney time and time again over the last four or five years has said statements. >> bill: what do you think? if mitt romney was sitting in the white house as barack obama was and a c.i.a. chief brought him saying, here is where he is, what do you want to do? are you sitting there telling me romney, i'm not going to go into pakistan. >> no. but he was referring to previous comments he made. going into an alley. >> bill: let me finish. >> why should we waste our resources on one guy. that is another thing that romney said. >> he was talking about a massive movement of troops here. >> but its series of statements.

>> bill: you and i are never going to agree on this. he goes over to afghanistan and even you, monica crowley admit this is good. he conducted himself well. he comes back now. all right, he gos comes back into the fray. independent voters will decide the election, how do they see it? do they see the president's trip overriding this or not? >> actually i don't. what he is coming back to is the presidential campaign. that is what the anti-romney ad was all about. everything this man has done for three years has been overrule political. even today as good a trip for him it was, barack obama for the last three years has been gutting the u.s. military. he has been choreography the force as he initiated the surge. >> bill: he made a big deal out of that today. >> i think he could have more

traction because it plays into narrative everything he touches is political. while he is raising questions about his president obama's character and integrity and raising hypothetical questions that there is no possible way of answering apart from impugning romney's character and decision-making on a hypothetical, i think it plays into the narrative that obama is a small and petty man, not unlike jimmy carter. >> small and petty man? >> bill: okay. colmes, final question. you didn't like the afghan war. you are basically a pacifist? >> whatever evil. >> except when i am fighting crowley. >> bill: how can you supported a president obama who is going to say we're going to keep them there for two years. >> i support him on a whole

range of issues. i don't like everything. i think the speech was fine. we're glad he went there. i would have like them getting out there years ago. i don't support that. i wish they were out yesterday. i don't want to continue spending dollars that a country that can descend into chaos. i just said i was happy for him to be over there and honoring the troops. >> bill: i'm just trying to understand. >> you are trying to get me in trouble. the troops don't make policy. they don't decide these things. >> bill: thank you very much. next on the run down, will president obama take a hit on the polls because of this controversy. later it's estimated just 16 states are in play in the presidential election six months from now. the crucial electoral vote

situation. those reports after these messages.

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any damage done to mr. obama in the campaign over this romney deal? >> no, i don't think so. i think he released a web video he poses a question using mitt romney's own words. mitt romney can go back and say i don't mean what i said. we can have that debated. but it's perfectly fair game to pose a question about one of the biggest questions he made. >> bill: you don't think the death of bin laden used for political purposes, something unsavory about that? >> the alternative is to not have a discussion. >> bill: no, the alternative is to congratulate the american military and drop the politics entirely about the death of bin laden. why do you need to have the death of bin laden injected into the campaign? >> i think the tone is important. i think the tone of the ad was

very neutral, was very reasonable but comparison. >> bill: why would john mccain get upset? >> you would have to ask john mccain. >> bill: i did ask him last night. he said it was a cheap shot, undignified, military people in a position where they are in these areas don't brag about what they do and they done diminish anyone else. they do the mission and keep quiet. that is what the senator said? >> i think when folks are saying there are two points. when you see from republicans criticizing obama, you know, anyone would have made that call it's actually not true. >> bill: biden said he wouldn't have done it i don't care, i don't care what the republicans are doing, i care what the president of united states is doing. maryanne led me ask you, you are an advisor to a lot of political campaigns. would you have advised the

president to take out this ad on one-year anniversary on the death of bin laden? >> i think the bigger point. >> bill:, no, maryanne, yes or no, would you advise him to do it? >> yes. here is why. president obama can rightfully point to the anniversary of getting bin laden because he said he would do it and he did. he went to afghanistan and he showed people he would end the war in afghanistan and he showed us tonight he would. those two are promises he made and he has kept them. now, he can go to the american people and voters and say look, i'm going to get the job done, i do just that. >> bill: that is fine, he injects romney into it. look, what you said is absolutely smart. one of the reason maryanne is smart because he went to school with me. what you said is very smart. [ laughter ] >> bill: you accentuate the positive. my administration is doing this.

but he did it with a negative around romney giving him a little of that. that doesn't play well in the independent precincts. it's petty. >> then he pif on the and says i'm going to do the same thing in the economy. look at the ad. mitt romney would not do this. he would not go after bin laden the cost would outweigh the benefits, by the way, what do you expect from a guy with a bank account in switzerland. no, it's not ridiculous. obama has the advantage of taking credibility on national security. he can transfer that over the economy. republicans normally have the national security guard card. he has taken it away. now romney has to play this whole campaign to fight the economy and obama is happy to do

it. >> bill: if i'm romney i would put out an ad three or four days from now. i give the president a window because he went to afghanistan. you know what, here is what i really said. i think the governor is going to have explain it. wasn't it a little bit untoward that the president used a sell about aer to moment in the sense that the united states righted a wrong for political purposes. that is not what we should be doing. i think that would be effective ad? >> he may do that and he may not. i don't advise the romney campaign. it will have him on defense, one he has a lot of statements to explain. it's not just one statement. multiple statements what we were talking about before. it's out of romney's comfort zone, he struggles talking about it. i don't think it would work out

for him. >> bill: we'll see what the polls say. just ahead, 16 states are believed to be in play in the election this year. and illegal alien kills a massachusetts man and the factor may have helped her to bring her to justice. is it legal? today, we stand against the tyranny of single mile credirds. battle speech right? may i? [ horse neighs ] or too long, people have settled for single miles. with the capital one venture card, you'll earn doubleiles on every purchase, every day! [ visigoths cheer ] hawaii, here we come. [ alec ] so sign up day for a venture card at capitalone.com. and start earning double. [ all ] double miles! [ brays ] what's in your wallet? can you play games on that? not on the runway. no. my new apartment isn't that far away. it's 4.2 miles away ! with this droid razr... motorola... verizon 4g lte... video... skype.

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>>. >> bill: in the segment tonight, as we have been reporting the polls six months before the presidential vote, they don't mean much. it's a tie between obama and romney. 46-46. and gallon up has it 46-46 and tie is a losing hand for the incumbent president. here is ed rollins. run a number of campaigns for republicans.

do you think mitt romney is a in good shape here? >> he is in great shape considering the knock down dragged out primaries. >> bill: so you think it's not inconceivable the governor if he performs well in the debates he could win handily? >> he could win but it's not going to be a landslide. obama is at 365 electoral votes and 53% vote. he won't get near that. >> i see it the same way, a very close election? >> absolutely. >> bill: with only 16 states at this point not spoken for. isn't it sad, but we'll put up the math. >> we have 30 states that go one way or the other. there won't be a penny spent in any one of them. >> bill: california is never going to see romney. >> the key thing is national campaigns that help parties,

it's just like 15 gubernatorial races. >> bill: let's throw the map up for the blue, of course, democrat. red is republican and yellow are the undecideds which could go to either candidate. florida, very important state. it's trending for romney and particularly if rubio gets on the ticket, rubio is going to campaign hard for mitt romney, saw i? >> he does not win florida. >> bill: so barack obama wins florida he is re-elected. >> looks good we feel positive about it. >> bill: who is we? >> i'm a republican. from a patron perspective. i'm not a cardinal so i shouldn't be talking we. >> bill: there you go. so you think that florida is state and romney did very well there. >> ultimate media state.

>> bill: and john kasich is the governor of ohio and that is going to mean something. economics is improving there. ohio is traditionally a republican bastion. >> seos are two we have to win. >> bill: what do you see in ohio? is it favorable flying florida? >> it's getting better by the day. john has done a lot of things that is unpopular but he is built an organization. >> bill: how important is it to have a republican governor, like in virginia you got mcdonald? >> they have built a good structure, it's very important. >> bill: you get the vote out. >> they can raise money and do a variety of things. >> bill: virginia is the next one, republicans made a big comeback in that state. >> very close election, big senate race obviously but i think we can win that. >> bill: north carolina, that is state that has changed demographically, it used to be a conservative state, no longer. >> closest state but think we

can win it this time. >> bill: you are saying the same thing. give me a barometer. you are very confident in florida you got a good shot. >> in florida, ohio, virginia and north carolina. >> bill: why north carolina? >> first you're going to have a democratic election, it was very close election. i think worked very hard to get ready. i think it's going to be a key state for us. >> bill: and colorado, i think president obama has got an advantage? >> it's a tough state. evangelical vote has to turn out but i would give it to obama. >> bill: and arizona has gone republican? >> it went for mccain, big hispanic vote. we have to win that state too. >> bill: i would put that in the red category myself. and nevada as well, highest unemployment. they are not happy. >> those are two states we need

to get to the 270. >> bill: pennsylvania is an interesting state. and then with the philadelphia nengs us has a big advantage. >> we've lost five out of republicans so it's tough state. >> bill: can you overcome philadelphia? >> there is a great governor there. he got elected in 2010. we elected a senator and picked up four house seats, control of the legislature. that could is state that could change. >> bill: michigan, bad economy? >> michigan is a tough state. >> bill: you don't think you can take that, is it detroit? >> it's a variety of things. romney has not lived there in a long time. if we won michigan, i would the be a wig victory. >> bill: thanks for coming in. factor moves in, along with the boston her a8d, big miscarriage of justice, it looked like an illegal alien would not be tried

for vehicular homicide. is it legal on the case. and gay activist calls parts of the bible an obscene name. we'll have reaction to that. >> stay tuned for th [ donovan ] i hit a wall. and i thought "i can't do this, it's just too hard." then there was a moment. when i decided to find a way to keep going. go for olympic gold and go to college too. [ male announcer ] every day we help students earn their bachelor's or master's degree for tomorrow's careers. this is your moment. let nothing stand in your way. devry university, proud to support the education of our u.s. olympic team. devry university, proud to support the education i have two car insurances in front of you here. let's start with car insurance x. four million people switched to that car insurance alone just last year. mmm, it's got a nice bouquet. our second car insurance, y. mmmmm, oh, i can see by your face they just lost another customer.

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>> bill: did you know that 19 states banned happy hours at bars? utah was the most recent. and new york city bloomberg was going to outlaw happy hours here. and bloomberg says it's not true and john stossel. i know it's ridiculous because to ban happy hour. they will give it another name or promotion. >> have a happy day. >> they can have other things. >> but they ban the price discount. >> bill: i think it's foolish to ban happy hour but if my son or daughter were killed by a drunk driver, i would sue the bar.

i'm not a big sue guy, but i would go after the person, the bartender and the establishment that served them enough to be inebriated. >> what if you couldn't tell. >> bill: i would put a 'p.i.'s on it because i don't believe you should anyone should contribute to somebody else's intoxication. am i wrong. >> bartenders contribute to intoxication all the time. >> bill: there is should be a line. we don't serve to intoxicated people. they think you are buzzed and that is it. >> it rarely stops people from drink ought airline. we have enough laws already. america grew the fastest when we said the constitution and declaration of independence. >> bill: there was no drunk drying because there were no

cars, stossel. >> danger is s heightened because of the access we have. >> but banning things doesn't help. they have done studies on the happy hour bans and found no difference. >> bill: i'm not on board with the happy hour ban but all establishments and think thing about dope dealers. its crime to do that. somebody could die because what you are giving them. it's their choice and all that crap, there has to be a greater good here. i think all the bars should say, when is when, that is it. >> you can pass a law, have a rule that will make these things better, but that is why i'm going around the country and saying no. >> bill: in some parts of that and some i'm not. it's like the smoking ban, municipalities all over the united states have banned smoking. i think that is a good thing in restaurants not to have somebody

blowing smoke. >> but but what about freedom of association. we are taking the rights away from the minority. >> bill: you think they should have special bars like the lung cancer inn, that kind of thing? >> secondhand smoke the evidence is so thin it hurts people. yes, if you want to get together with smokers, if the bar owner wants to smoke, it's his property. >> bill: maybe they should have a display and we welcome smokers and you have choice going in. i'm not a fanatic and i understand the political correctness but i do believe that smoking is bad. how about in an airplane, i don't want them smoking on an airplane. smokers all over the place, don't smoke, that is it, right? >> i don't want it in my plane, shouldn't one airline say that.

>> bill: start one. >> it's not allowed. >> but a in some of the carriers they have it. >> in america it's all banned. >> bill: you drop a cigarette and it's on fire. >> should me my choice. >> bill: your philosophy some people can ban smoking but others should have the right do it and put a big sign we allow smokers here. >> in your restaurant you ought to be able to ban eating, it's your property. >> bill: you can't do that. you don't want that person to come in, they got to come in. >> i think you should be able to make any choice you want. you invested the money. if you want everybody to stand on their head. >> bill: right now if you have a help oh si you can go into the restaurant. john stossel and everybody become libertarians.

>> good. >> bill: whether we come back, did the factor avoid a terrible miscarriage of justice. an illegal alien is not going to

>>. >> bill: i'm bill o'reilly. legal segment. did i a radio commentary saying that a 30-year-old guatemala illegal alien should not be deported before her trial. the boston harold broke the story and she ran down 39-year-old in an suv and fled the scene. police in massachusetts finally arrested her but she was going to be deported rather than face the criminal justice system.

now, there are new developments. joining us is kimberly guilfoyle and lis wiehl. i'm going to take partial credit for this. it was a judge in massachusetts who basically said we're going to send this a free ticket back to guatemala. he is not going to have stand trial meanwhile, this guy's family is devastated. this woman was so irresponsible. i said, no, we started to call the judge. we called and they got nervous. >> that is exactly what happened. prosecutor went back to the original judge who gave hear $50,000 ball bail and she was able to post that, $50,000 so he had to let her go. that is when the snafu happened. they went back to the original judge, you have to revoke this lady's bail and judge did that. that was right thing to do. >> bill: it was a no bail. so it went $50,000 which was

$5,000 cash. the woman would take off, they were worried on about. now, he she will have to stand trial. once again the factor, ladies and gentlemen, correct. there is message, why we do things. and we started calling around, we called a judge. what are you going to do. they say, we will look at it. they had to act quickly. >> it will go to a hearing after the criminal charges are adjudicated, vehicular manslaughter charges, looking at two and a half years behind bars. two and a half years? >> it was a hit and return. >> two and a half years. >> in florida the state wants to drug test state employees. state of florida, they want you to do a drug test like do you in

a private company. it got struck down by a federal judge? >> yes, by a federal judge saying it was a violation of the constitutional rights of these employees to be randomly subjected to the search. aclu is part of this. >> bill: what about violating my news corp can drug test me. >> between private companies. >> bill: i don't understand that does the constitution make that delineation? >> what about public safety. there are 80,000 employees that report to the governor. he says i want to make sure that is operating machinery and things like that. >> i don't agree as a prosecutor. i was always subject to alcohol and drug tests. >> bill: why does this federal judge say you can't do it. >> the judge says, there is not a reasonable nexus, you can't prove that people have a drug or

alcohol problem. >> the language in there. >> bill: what about key west? >> they said the judge hasn't shown something specific and concrete risk of danger. >> bill: how insane some of our judges are. federal judge overturning a state statute. i can get drug tested, you can get drug tested but if you work for a state, according to this federal judge, you can't. what would james madison say. he would say, that is what he did. he said that is right. [ laughter ] >> bill: believe me. >> about 1% of state employees do have drug and alcohol problems, that is a lot. >> bill: it's more than that. in texas, there is a couple in

clashesville, texas, take the last train to clashesville, remember the monkees. tell us what happened to them? >> they sued by defamation suit three years after this couple of people supposedly anonymously said horrible things about them, they were murderers and pedophile. >> bill: there was website and people anonymously as they do in the internet. said awful things about these people? >> they sued the website. >> exactly. they sued the people. >> bill: how did they know who they were? >> they got a subpoena. the judge did something right. >> bill: is that a quote? >> this is precedent setting. this is important they get a subpoena and then you go to this

website, whatever it is. objection i can.com. >> bill: with the subpoena and you can find out who these people are. because post it on website. so who did the subpoena, by the way? did the lawyers and couple got it. so they went in and found out who did it did it. they sued him and they won $13 million. >> its precedent setting case. i think it's the right call, people write malicious horrible things. this is because of it. >> bill:. >> there won't be a criminal charge. they lost their business and had to move. it was horrible. >> that is problem trying to

collect it. >> bill: but their lives are ruined because they will attach and chase them. >> but i think it gives a deterrent. >> bill: texas justice. >> i like it a lot. >> bill: different from florida. florida wants to do the right thing but they have pinheads in federal court. ladies, always a pleasure, if you buy a "killing lincoln", we'll send lis wiehl's book eyes of justice. mom is going like both of them. a gay activist verbally li assaults the bible and bunch of teenagers walk out on him. a reality check after these messages. for three hours a week, i'm a coach.

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>>. >> bill: reality check we begin with check one that begins in seattle. a national journalism convention and as part of the anti-bullying gay activist dan savage savaged the bible. >> we can learn to ignore the [ bleep ] in the bible about gay people. we ignore [ bleep ] in the bible about all sorts of things. bible is radical slave document. >> bill: now we don't know exactly how many young people walked out. there is fierce reaction to what happened. >> i would say bullying take very seriously. it's my duty to protect all students. i thought there was value going to this conference that was ain't bullying what they got a

bold attack on christians. some of my students asked me if i do leave and definitely they could. >> bill: it do nothing to help the cause of gay rights. check two, there was memorial for mike wallace, he was 93 years old and he was one of greatest tv journalists in history. a fact recognized by most of his peers. >> it was the beating pulse have 60 minutes. >> you have a favorite moment of an interview? >> how long do you have? >> he was a throwback to the old days of journalism. >> he reminded me of cary grant actor in the movie. he was tough, charming. >> he was one of defining journalists of my generation. he made 60 minutes for what it was. >> he was the one that brought me to 60 minutes. i really loved him for that and

many other reasons. very personal. to the show, he created it with john hewitt and he stayed around to make sure we didn't mess it up. >> he was the top of the food chain. you got the best interviews. he was the most aggressive. and he was very kind to me. he was a friend of mine, he was a great reporter. he controversy me on "60 minutes" and very positively. i owe him something, that is why i'm here. >> bill: personal note. i knew him pretty well. as i told him on "60 minutes" i modeled my interviewing technique on his. i'm not sure that made him happy but it is the truth. mike wallace was the best, the best tv journalist ever. >> check three. loridhue is a subject of an article in renew magazine. renew is the only recovery

lifestyle magazine in the country and lori has an interesting story to tell renew every day.com. >> check four, we recently give a donation on the center of addiction of substance abuse and we were able to do by all the stuff you buy on our website. we sell the gear and books to fund charities all over the world. we have given millions of dollars to worthy causes to wounded warriors. mother's day is almost upon us, please check out the patriot mom mugs and patriot mom pens. we also might want to bring mom to see me and miller in manhattan the night before mother's day. hundred tickets are left. it would be a nice gift for mom she could tolerate meeting me and miller after the show. that is reality check. pinheads and patriots in a moment.

an update on octo mom. wait until

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you're gonna get lost. this has gps. well, that makes me feel better. me too. i'll go get two from the back. okay. this mother's day, get the droid razr by motorola. only $99.99. the lowest price ever. verizon. >> pinheads & patriots, starring te octomom in just a moment. but first, the mail... >> you are right, if bush and

cheney had done that, the aclu would have gone wild. >> satire aside, the argument is that crossing into this country to mike a living is not a heinous crime, so describing it should be gentle. that's a take on the left.

>> or fried, or sauted. we get it. >> excellent point, laura. jim didn't read the book and his writers took negative comments by people who loathe me and branded it controversial. it's my best-selling book ever, so they lose. >> be careful, you meet miller

and me after the show. as i mentioned, that's a dubious proposition. we will see you june 23, indianapolis june 22. details on bill o'reilly.com. as we predicted, nadia solomon, the octomom has run out of money and is being supported by the state of california. altogether, she has 14 children and she could owe up to $1 million. she has declared bankruptcy. she is an incredible pinhead, this is a terrible situation for those children. we hope the state is watching it very, very closely. that's it for us tonight. check out the fox news factor web site, different from bill o'reilly.com. and we would like you to spout off about the factor from anywhere in the world. name and town if you wish to opine. word of the day, dont be parsimoneious in your thought, regarding this broadcast. don't be too expensive. don't be parsimoneious.

the way to get your letter on the air, give me the headline and the first sentence. all right? no vulgarities. okay? no crudisms. all right? no pentagrams, none of that. just a nice, catchy, lead sentence. can be funny. can be, bill, you are a pinhead. that's the cliche now. i have heard it a million times. again, thanks for watching us tonight. i'm bill o'reilly. and please alws remember that the spin stops right here because we are are definitely looking out for you. >> sean: as americans mark the first anniversary of the day that the world's most wanted