he apparently believes that federal and state governments can actually control gun crimes. that's so dumb it hurts. chicago has banned handguns in public. how is that working out, bill? so far this year? 1136 shootings. how about your state, bill? new york? well, it has a fourth toughest gun law in the country, sounds good, doesn't it? 2011, nearly 4,000 guns were confiscated by new york city cops. just in the city. 4,000 guns. yeah, those tough gun laws are working great, aren't they? the reason for all of that the perps usually walk because the justice system is so chaotic and the jails are overcrowded. you know what bill moyers solution to that is? let nonviolent criminals out like heroin dealers. yeah, that's nonviolent. you are a genius, bill. pbs very lucky to have you. all right. here is the deal. anyone who sells a heavy weapon or ammo should be compelled to report the sale

to the fbi finance a felony if you don't. that's what we should have in the u.s.a. it just makes sense in this age of terrorism. right now some gun dealers do background checks but nobody reports the sale of heavy weapons like ak 47's to the feds. that's insane. terrorists could just move in here, buy bazookas and the fbi doesn't know about it. here is how crazy this is. if you take a flight lesson, the feds get a heads up. but you can buy a machine gun and they don't know. so congress should pass two laws. first, the heavy weapon reporting. and, second, if you commit a crime with a gun like a worry or anything else federal offense with a mandatory 10 year prison sentence upon conviction. that would dent the problem. but the truth is criminals will always get guns. always. so why do the far left loons want to take guns away from law abiding citizens who want

protection? the authorities can't protect us. they react after we're shot. the second amendment is there for a reason. the founding fathers firmly believed that americans should have the right to protect themselves. finally, most americans don't want more gun laws. according to a pew poll taken in april. 49% do not want the federal government intruding on gun ownership. 45% do. the folks know the federal government can't protect us from monsters like james holmes in colorado. another memo to bill moyers? this week marks the one year anniversary that some nut shot and killed 77 human beings in norway. norway. and that's the memo. now for the top story tonight. 24-year-old james holmes appeared in court today. he will be charged next week

you can see how bizarre this guy is colorado has the death penalty and odds are this guy will get it. joining us from the mile high city colorado prosecutor craig silverman and fox news anchor jon scott has been covering the story from the very beginning, did great work for us on friday night what's the headline today, john? >> his first court appearance judge appearance for yourself. onk hair detached expression. to me, it looks like he is some where vacillating between sorrow, drowsiness and bemused attachment when he is appearing in that courtroom filled with the weeping victims and their family members. the people he is accused of shooting. when asked whether he understood his rights holmes lawyer spoke for him as far as weekend tell, he didn't say a word. as bad as the shooting was, bill. we have confirmed it could have been a lot worse. a source who was at the theater that night. >> one of the first responders

tells me the shooter began with his 12 gauge shotgun, then useed a .40 caliber glock pistol and semiautomatic rifle that he fitted with two 23 armor piercing rounds. he used an after-market drum magazine. a high capacity magazine but it was a cheap one and it jammed. and he didn't seem to know how to deal with that. he threw his gun down perhaps in disgust after he had left the theater that's when the cops nailed him. they say he seemed surprised when they collared him. it all suggests he wasn't all that familiar or proficient with the weapons he was carrying and brings to mind the story of glen rock very much. the gun range manager who took a manipulate -- membership this month from james holmes. rocco very much tried to contact holmes and didn't like what he heard and holmes never called him again and never used that rifle range. >> now, craig.

it looks like he and his lawyer setting up insanity defense. eyes are going all over the place. that looks like where they want to go here. are you getting that impression? >> right. where else can they go? it's the only port in this storm. i think the highlight of the first appearance was the appearance of the defendant. a lot of people are looking at him. does he look crazy? does he look remorseful? but ultimately it's going to be up to mental health professionals and a jury. i expect insanity defense and if the mental health defense does not work in terms of guilt or innocence, they are going to try to use it to spare him from capital punishment. >> bill: now, john on friday there was a report that when holmes' mother in san diego was contacted by the press she said you have the right person it was clarified today by the family lawyer by saying the mother meant you have the

right person, i'm his mother it just points out again the difficulty of reporting stuff on the fly, breaking news situation but we wanted to set the record straight here. you mentioned there were victims and families in the courtroom today. tell us about that. >> well, i was not present at the courtroom but our people who were there saw the families of the victims weeping on their way into the courtroom waiting to get their first look at the guy. incidentally they did not place him in the spot where defendants usually sit because that would have put him very close to the victims and their family. they put him to the side by the jury box with a couple of bailiffs right there at the ready they want to forestall any violence. is he in solitary confinement.

everybody is afraid somebody is going to take them out, correct? >> absolutely. the victims have to be furious. they are going through the entire gamut of emotions. the district attorney wisely said, carol chambers said i want to talk to the victims about capital punishment but with this kind of group it's going to be in the hundreds the number of victims. i think you can expect a diverse reaction to capital punishment, much as you would find in the general public. although maybe they have different feelings now that the tragedy has struck their families. >> bill: i can't imagine having living in colorado that they're not going to go for the death penalty. i think they will go for it and i think they will get it based upon what we know right now. next on the run down, penn state gets hammered. it's football program vaporized because of the child molestation scandal. we have a special report on that. later bernie goldberg on abc making a fairly big mistake in mass murder coverage. we are coming right back. with the spark cash card from capital one,

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>> bill: impact segment tonight, the ncaa says it will fine penn state university $60 million. ban its football team from bowl appearances for four years, cut football scholarships to the bone. penalties gut penn state's athletic program for about five years. in addition, the university has cut down the statue of the late penn state football coach joe paterno who was implicated in covering up the sandusky child molestation situation. now, this story has very wide implications for america last thursday we reported new york city judge murphy sentenced two men to raped two boys for years for t. for a prison term just two years. disgraceful. neither new york state nor new jersey across the river has jessica's law. no plea bargain. we asked andrew cuomo and

governor chris christie to comment on judge murphy and jessica's law they have both refused to do so at least so far. if you feel motivated please email the governors and tell them to man up they can't ignore this level of child endangerment any longer. where is the leadership on this issue? joining us now from richmond, virginia polyfranks, founder of the franks foundation dedicated to protecting america's children from sexual predators here in the studio a new jersey attorney representing more than 200 child sexual abuse victims. first of all, penn state, do you think that punishment for the university was enough? >> well, if you ask some of my clients. >> bill: no, you. i'm asking you. >> i think it was a very severe punishment. i mean, there has never been a punishment in my view. >> bill: so for you, based upon what san dsky did, we figure a dozen boys' lives ruined. >> probably a lot more, but, yes. >> bill: what they did to 60 million and the getting of the athletic department, that

was okay? that was justice? >> at the very least, it was a good start in the right direction. it helps bring closure to a lot of these victims. >> bill: remember, that the three administrators at penn state are under indictment and, of course, sandusky will never see the light of day again. how about you ms. franks? do you think that was a just punishment for penn state? >> i think it was a good beginning. i don't see how you could possibly equate what penn state is enduring now with what those boys endured for 14 years. no and you can never get true justice as you know. now, the wider picture, counselor, you are in jerusalemy, right? >> that's correct. >> bill: do you this for a living. >> i do. >> bill: you represent children who are abused by adults sexually. >> right. >> bill: you have a governor who is conservative chris christie who basically doesn't want to hear about jessica's law. wouldn't even give us a comment on t today. i can't figure this out. can you? >> well, considering the fact that megyn's law started in new jersey.

megan was a residential of new jersey when, unfortunately she was killed. so, obviously you wonder but, obviously he is the former u.s. attorney what impact he has on. >> bill: he doesn't want jessica's law, the mandatories. this guy in new york state molested boys for years walking away with two years. the victims are like "are you kidding me? are you kidding me, judge murphy? you are giving this guy two years?" and then andrew cuomo, one of the most powerful governors in the country just flat out is ignoring the story. flat out won't talk about it. i don't understand it. do you get, this ms. franks? >> i absolutely do not get it you put it right when you said "man up." it's long past time. penn state is a clear example of what happens when you don't man up. you take responsibility. >> bill: that's right. >> i don't get it. >> bill: catholic church parallel things. you see the catholic church scandal, you see penn state.

you see all the children whose lives are destroyed yet you have two governors who could get behind legislation and in the states where jessica's law has been passed like florida and texas, all right, sexual predation is down big time because these guys know they are going to get life in prison. the other states are waffling around. i don't understand it? >> if they're locked up, bill, they can't reoffend. obviously. >> bill: that's right. it's justice. you ruin a kid's life and that's what in this does. the kid may go on but, still, it's always there. now, with 200 -- more than 200 cases. >> right. >> bill: i mean, what's wrong with america? what is wrong with us? >> well, the problem is penn state is an example. you know, i understand jessica's law. i think that's great. but you have got with penn state, you have got institutional abuse. because essentially joe paterno put the reputation of the institution ahead. >> bill: that's personal cowardice. it's the same thing that happened in the church.

they put -- paterno put his own reputation. he didn't want a scandal in his department. he didn't want that. that's why he didn't turn sandusky. in same thing with the three administrators at the school. >> what you said is absolutely true. catholic church. basically a situation where you don't want to you want to protect the institution and you don't care about children. >> who is judge murphy protecting? what i object substitution is judge murphy protecting? is he a new york new york state. who is he protecting. >> you are absolutely, judge. what he did was horrific. >> bill: this is inexplicable thing. i will let you wrap t up for us. i don't understand these men. i don't get them. >> i don't either. like you said it is cowardice. i don't understand the rationale behind the judge saying he was only going to give this monster two years in order to spare the victims trauma that makes no sense to me at all especially when the

victims are saying we want to go in a tell our story because this guy deserves life in prison. >> it's telling the victims that you don't matter. >> bill: all right. i want everybody to email christie and cuomo. all right? shore out outrage get those people motivated because unless they get behind jessica's law ain't going to happen in these two big states jersey and new york. president obama on the campaign trail for most of this we will each as the poverty rate in america gets worse. juan and mary katharine moments away. whoa, look at all those toys. insuring that stuff must be a pain. nah, he's probably got... [ dennis' voice ] allstate. they can bundle all your policies together. lot of paperwork. [ doug's voice ] actually... [ dennis' voice ] an allstate agent can he do the switching and paperwork for you. well, it probably costs a lot. [ dennis' voice ] allstate can save you up to 30% more when you bundle. well, his dog's stupid. [ dennis' voice ] poodles are one of the world's smartest breeds. ♪ bundle and save

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>> bill: campaign 2012 segment tonight. president obama will be campaigning in the following cities this week. oakland, portland, oregon, seattle, new orleans, and mcclain, virginia. while the president is out

getting money the associated press reports that poverty is on track to reach its highest levels since 1965. here now to react from washington, fox news analyst mary katharine ham and juan williams. juan, about 15% of americans going to be in poverty it looks like and the president is out campaigning much of the time, raising a million dollars, probably going to get a billion to keep his job. something a little unsettling about that, is there not? >> i think politics is the reality here, bill. you know that republics in congress who have been obstructing the president's job bill are going to be out campaigning. mitt romney is in london campaigning this week. >> bill: romney doesn't have any power to do anything yet. is he not in elective office. >> hold on. he has ideas. he should have ideas. is he running for president. >> bill: he has ideas. he can't do anything. >> less taxes, rest regulation. that is not going to help poor people. >> bill: you just spouted a democratic talking point. i don't know whether you wanted to do that or not or

perhaps you are in a little haze today that the congress didn't pass the jobs bill. i wouldn't pass the jobs bill if i were in congress and i wanted americans to work. i don't believe that spending billions of dollars on government funded programs has done any good. the data says i'm right on that. why would i want to continue running up a 16 trillion-dollar debt with a failed program. you blithely throw this out like t is not barack obama's fault it's these pinheads in congress who aren't voting for a failed program. why would anybody vote for a failed program, juan? it hasn't worked in three years. >> look, i think it's politically toxic. everybody has bad mouthed it. the fact is most of the stimulus was tax cuts for americans. i don't think anybody is against that. >> bill: none of it worked. >> hold on. the seconds it did work. i don't know where you get that from, bill. >> bill: on what measure? on what measure? >> 28 months now of clear, job growth in this country. >> bill: oh come on.

>> secondly the g.d.p. has increased. i don't know why you say it hasn't worked. people don't like it, we bail out wall street. >> bill: stock market down another 100 points today. >> and we don't know where that came from. we have amnesia tonight. >> bill: now we are going to blame bush again? is that what we are going to do. >> it's a fact. you say blaming bush as opposed to acknowledging reality. >> bill: i will get to you in a minute, mary katharine. juan, i'm just stunned. here is juan williams' economic plan, let's all blame bush and throw more money into the federal government so they can then reconstitute a failed program. >> you know there are so many cities going bankrupt around this country. >> bill: why is that juan? >> and so if you want this economy to grow right now, i think that's what we all want, more jobs, more growth, you have to help buck up what's going on in states and localities. >> bill: the reason we are going bankrupt is because the governments in those cities spend too much money. all right.

mary katharine, go ahead. >> look, the president is allowed to fund raise, that's fine. that's what it takes. the problem that he runs into is that his coolness factor worked for him in 2008. now, when people are suffering and he is hanging out with the famously posh editor of vogue. he runs into a problem where a he looks out of touch and b he has trouble making the argument that mitt romney is out of touch which is the entirety of his campaign thus far. that's where he runs into problems. and is he fundraising if you look at the stats at a rate of almost three times the fundraiser that bush had done at this point in his presidency. there is a difference. when people look at that and look at the economy they get understandably upset about t. juan, it's a perception deal. i mean, we all understand that both candidates should raise as much money as they can because they want to win. everybody gets that. >> right. >> bill: but when you have such a bad economy, and it is. you can spin it any way you want. the economy is bad. people are scared.

>> right. nobody is arguing that. >> bill: had the president three days this week, monday, tuesday and wednesday. hopping around, basically putting cash in his pocket. so he can keep his job. don't you think the people are going, you know what? maybe you he could do t it a day and a half and put the other three and a half days of the week into trying to turn this economy around. it's a perception thing. >> going out to speak it the veterans of foreign wars. the vfw. speak to the urban league. he takes time while he is in those locals to raise money. i don't see how is he not doing his job. just in colorado with the victims and people who died from the families of those who died in the shooting. >> bill: that's fine. >> i think is he doing his job. i don't think america is saying he is not doing his job. >> bill: coming out of the white house any innovative stuff at all on the economy. go ahead mary katharine. >> here is the other thing like you noted, bill, that we spent $17 trillion on the war on poverty since it began, originally the plan was to be able to lift people out of poverty. it does not feel to people like we're getting there and he is out there doing other things and making the pitch

that that is what is going to solve the problem. more spending. we are on track to spend over a trillion dollars per year on welfare programs. we spent 2 trillion, i believe over the last two fiscal years. people are looking at that and it's not helping. on top of that you had this message last week about the small businesses denigrating hard work and smarts. people go what are the values here and is this pitch really going to work? that's the problem for him. >> bill: thank you for the very lively debate. we would like to you voight in our bill o'reilly.com poll. we are asking select your choice for governor romney's running mate. there are the names. please pick one. we will give you the results on wednesday. also on bill o'reilly.com you might enjoy reading my new column on how the government helped very big stars become successful. check it out. the u.s.a. a strong favorite in the olympics which begins on friday. we'll have a preview with amanda beard and derek torres. and then bernie goldberg on abc making significant mistake

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and didn't make it which tells me the u.s.a. has a very strong women's swim team amanda, am i correct? >> definitely obviously if dara and i are not there they are pretty awesome. [ laughter ] >> the competition, ms. tores very strong, the chinese, i guess, is there anybody close to the u.s.a. in women's swimming? >> >> well, you know, there is always going to be people who are fast. as a whole the u.s. women's swimming team is going to be dominant. thereof are some girls from the netherlands, some germans and chinese who are really going to stand out. >> bill: michael phelps looking at him here not a girl i think everybody can see that he has a chance to break the record for most medals ever and do you know him amanda? do you think he is going to do it? >> wow, yeah. i mean we know him very well and that's a lot of pressure to put on somebody.

the way i look at it is michael walks away from this olympics with medals in his hands it was a great olympics for him. i mean, that's kind of. >> bill: got to get three to beat i think that's very doable for him. it's not practical to think that he is going to repeat 2008 how do you see it dara with phelps. >> i think ryan lot can i lock can i a run for his money. he will definitely break that record. >> bill: who is holding the record? i should know it it's right on the tip of my tongue. who holds the weapon? >> i should know, too. >> bill: mark spits has it. >> is it? i'm 87 years old and falling apart here. i tried to qualify for the swimming and couldn't get for one side of the poll to the other do you guys watch the whole olympics?

we're strong in gymnastics, too, amanda? >> i know i'm a big fan of the swimming. obviously because we know them very well and so it's kind of like watching family members compete and so i am always -- i don't miss a minute of the swimming. the other sports i hope to watch i'm not as fanatic about. >> how about you dare ranchts i actually like watching the men's basketball. we had a chance to go in 2008. they brought the whole u.s. swim team to watch them play. it's always fun watching lebron and kevin garnet and, you know, if they can be together as a whole and not have one person more cocky than the other and measure as a team this do great. if there is anyone to give them competition is spain or brazil. >> bill: spain has got the best team but the u.s.a., the problem with the u.s.a. is everybody expects them to win if think have a bad game or

two boy oh boy. spain has a good team. when you guys train for the olympics. people don't really understand the pain involved in this how painful this training is. do you still train now that you are not going to go to the olympics? are you still out there pushing yourself? i have generously given myself down time which i think is very important for your body and mentally. but, you know, we train year around. there is no off season for swimming. >> bill: do you still do that though. >> oh, yeah. >> bill: you've still keep up the regiment. >> both dara and i are professional swimmers not like basketball and baseball and things like that. we train all year around. we kick our butts. >> bill: no french fries dara, no big macs? what kind of life is that though? how long are you going to do that? >> who said this? i didn't say i didn't eat big macs and french fries.

>> bill: oh, come on. >> no, i do. >> bill: do you really. >> yeah, dime my big fan is a fan of mcdonald's that's her treat every once in a while when we go we both go and eat there you have to do things in moderation. >> bill: you guys have like zero body fat on you. >> exactly that's why we need more. >> bill: you don't sit down and have one little piece of it on you. come on. >> that's the whole point is you work it off so you can eat it. >> bill: work it off. >> you do. >> bill: how many hours do you swim daraer day? >> zero now. i'm actually retired. i just retired. >> bill: you are not going to be in the pool working out in the pool every day. >> i will be working out every day but just not in the pool. >> bill: how about you, amanda? how many hours do you swim? >> i'm taking some time off but i'm usually about four or five hours a day. >> bill: that's how much i do four or five hoursed in the pool every day. i actually used to be a lifeguard and i know how painful it is to do that. all right, ladies, go u.s.a.,

we appreciate it when we come right back. bernie goldberg on president obama mocking fox news and a bigs in stake by abc news while covering the colorado mass murder. bernie is next. when i found out my irregular heartbeat put me at 5 timesgreater risk o, my first thoughts were about my wife, and my family. i have the most commonype of atrial fibrillation, or afib. it's not caused by a heart valve problem. i was taking warfarin, but my doctor put me on pradaxa instead to reduce my risk of stroke. in a clinical trial, praxa® (dabigatran etexilate mesylate) reduced stroke risk 35% better than warfarin. and unlike warfarin, with pradaxa, there's no need for regular blood tests. that's really important to me. pradaxa can cause serious, sometimes fatal, bleeding. don't take pradaxa if you have abnormal bleeding and seek immediate medical care for unexpected signs of bleeding, like unusual bruising. pradaxa may increase your bleeding risk if you're 75 or older, have a bleeding condition like stomach ulcers,

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>> bill: thanks for staying with us. i'm bill o'reilly. in the weekdays with bernie

segment tonight, president obama has taken a few shots at fox news recently. here is what he said in virginia beach. >> just in case some of your friends or naciousz or, you know, uncle jim who is a little stubborn and been watching fox news. [ laughter ] and, he thinks that somehow i raise taxes. let's just be clear. we have lowered taxes for middle class families since i came into office. >> bill: all right. joining us now from north carolina, the purveyor of bernard goldberg.com. mr. goldberg. i don't think this is is a big deal. i don't mind him taking shots at us. because we are the fox news channel more skeptical of the president than the other networks. and that's the truth. >> i'm glad you said that because i don't think that in and of itself a big deal either. take as shot easy target the audience laughs or boos and move on. another level there is something significant going on here. barack obama, no bulletin here. really doesn't like fox news. and it isn't just because of

those commentators who won't give him the time of day who are on fox. it's because this is the network that covers solyndra, this is the network that covers fast and furious. this is the network that covered his intemperate remarks about small business owners last week does fox go heavy on those stories? yes, the networks nonpolitical at all, the ones above the fray they come to those stories very late, they down play those stories, and you don't have to be a right wing nut to get the impression that if they didn't cover them at all that would be just fine with them. >> bill: yeah, i mean it's all a matter of degree and i don't think the president has a thick skinnyway. i don't think he likes to be criticized by anyone at any time. >> scwacketsdly. >> bill: that's why he does it abc bernie reporter one of the best. he makes a fairly significant

mistake in the opening salvo of reporting on the colorado movie massacre. roll the tape. >> i want to go to brian ross here because have you been looking at investigating the background of jim holmes here you have found something very significant. >> jim holmes of aroar row colorado page. talking about him joining the tea party last year. now we don't know if this is the same jim holmes same jim holmes of aurora, colorado. >> take a look at that thanks very much. >> bill: turned out it wasn't and that story was bogus and abc apologized but the damage, of course was done. >> yeah. this is a big mistake not just on brian ross' part who is a very good reporter normally but also on george stephanopoulos' part. he shouldn't be allowed to get by on this one. the mistake isn't what abc news and a bunch of critics, both on the right and the left say it is. they say the mistake is that he jumped the gun.

he he said maybe this is the same jim holmes who was in the aurora tea party. that's not the mistake. the mistake was bringing the tea party into this at all what's the relevance of bringing the tea party into this? its members don't have reputation for shooting up movie theaters or for shooting up anything. the reason too many reporters drag the tea party into stories like this is because they have a predisposed disposition about the tea party and it's not a good one. they think a lot of their members are unhinged so they tie them to the aurora shooting, they tie them to the massacre in arizona. they even bring them in to the times square bombing which was the work of a pakistani because, you know, they think it's going to bring tea party in enough times. >> bill: what do you think stephanopoulos should have done if you are laying at at his doorstep what should he have done. >> i will tell you what he should have done.

let's make something clear. you and i know how this works. when he asked brian ross that question, he knew what brian ross was going to say. brian ross didn't come up up with this just on the spur of the moment on the set. what he should have done should have done. this is what he should have con. i'm just curious. what's the significance of bringing. tea party into this. let's say it is the same jim holmes who shot up the theater who in the tea party? what's the significance of that, brian? >> bill: i think that would have been news worthy. if somebody from move on -- >> would it be news worthy if he were a registered republic? >> bill: let me ask you. this i know where you are going here. if somebody from move on, if that guy was a member of move on and that was, you know, he was out demonstrating and this and that, that would become a huge story. any kind of political activism attached to a mass murder is going to be a story. here is what i would have done. you tell me if i am wrong. >> hold on. bill. >> bill: go ahead.

>> if he had said before he opened fire, i'm sick and tired of government intruding in my life, then, it might have been relevant. >> bill: i disagree with you. i think that any kind of political component -- >> -- what's the relevance? >> bill: the relevance is you are tieing politics into violence. that's just irrelevant. >> only a certain kind of politics. if he were -- >> bill: that's right. as i said if he were move on, we would have reported it here at fox and we would have been -- >> -- wait a second. >> bill: go ahead. >> what if he is a run of the mill democrat or run of the mill republic? >> bill: no. it would have to be an organization that has a high profile that that's what it would have been. >> there were a lot more democrats than there are tea party people. no, the reason they do it -- let's make sure -- at least let's make sure that you understand my take on this. the reason they do it is because they don't like tea party people. >> bill: absolutely. but i don't think brian ross has any ax against the tea party, i don't think he he does. >> he shouldn't have done it. it wasn't just jumping the

gun. >> bill: he was looking to break the headline story. that's what i'm saying. bernie and i are actually agreeing in a round about way. >> okay. i will buy that. >> bill: reality check on deck. did you know canadians now have more money than americans? o canada. and the factor tip of the day. how you can fight back if you get ripped off. don't take it. upcoming.

>> bill: back of the book segment tonight. relate check while 12 were numbered derderian in colorado 14 people have died in texas and that is check one. a truck carrying illegal immigrants overturned. >> the border patrol agent out of corpus have come and helped with the identification process and they are working

with ice also in trying to work on identifying all the occupants. >> bill: good luck with that the accident happened last night and more people could die. nine are being treated in the hospital for serious injuries. again, this demonstrates the chaos on the southern border continues. mass death is mass death whether it's in colorado or texas. check two. on the bias watch. virginia state senator luis lucas in the zone tonight. >> mitt romney, he is speaking to a population of this segment of the population who does not like to see people he other than a white man in the white house or any other elected position. mitt romney is speaking to a group of people out there who don't like folks like president barack obama in any elective or leadership position. is he speaking to the friends out there who do not want to see anybody other than a white person in a leadership

position. >> bill: check expects to hear a lot more of that nonsense in the weeks to come. ms. lucas should be ashamed. check three, a new poll by the hill newspaper on the economy. the question who is most to blame for america's economic whoas? the president 34%. congress 23%. financial institutions 20%. president bush 18%. someone tell juan williams. also rasmussen poll among voters who served in the military shows 59% supporting mitt romney, 35% favoring the president. check four, for the first time canadians are richer than americans. concludes that the average canadian citizen is worth about $363,000. while the average american has assets including real estate of 320,000. the collapse of the housing market here in the u.s.a. has driven down net worth. canadian real estate much stronger thus the wealth shift. and finally check five, my

next book "killing kennedy" now in production. we finish writing it. it will be out october 2nd. we are bracing for the usual criticism because many media and academic folks simply despise me and the fox news channel. killing lincoln has been on the best seller list for 10 months and is by far the best selling nonfiction book this year even though it was released in september of 2011 and is approaching 2 million in sales. yet, yet, pinheads continue sniping at the book. the latest being some dishonest college professors saying we accuse secretary war stanton of conspiring to kill president lincoln. apparently these people cannot read. we reported the facts about mr. stanton and nothing else. the dishonesty here is staggering. there is a reason for it. if the media says good things about my books, they believe they are endorsing me. if they endorse me, that means they approve of the fox news channel. [gasp] horrid. so the fix is always in.

fortunately you guys understand the con and you ignore t. i appreciate that very much. and that is reality check. the factor tip of the day will encourage you to fight back against being ripped off. the tip exactly one minute away. building pass, corporate card, verizon 4g lte phone. the global ready one ? yeah, but you won't need... ♪

hajimemashite. hajimemashite. hajimemashite. you guys like football ? thank you so much. i'm stoked. you stoked ? totally. ... and he says, "under the mattress." souse le matelas. ( laughter ) why's the new guy sending me emails from paris ? paris, france ? verizon's 4g lte devices are global-ready. plus, global data for just $25. only from verizon. >> bill: tip of day how you can fight back in a moment. one week from tomorrow, july 31 we will have the first presidential election townhall meeting. this is for premium members only. it will be live at 9:15 eastern time. so we hope you consider signing up for premium membership and if you renew your membership you get a copy of "killing lincoln". now to the mail.

>> bill: then don't go. it's your responsible to take a six-year-old who is shot dead to a film that ends at 2:30 in the morning. you don't do that. this is a warning for everybody else. kids some should not be at a movie theater 2:30 in the morning. >> bill: that is an excellent question, doctor. under our constitution, congress has the power to levy taxes and there is no ceiling. but if the feds take things after they take taxes that is different. >> bill: not according to your neighbor john adams and other

founders, richard. >> bill: you didn't say there was steven. i wrote an entire book on this call culture warrior long bore barack obama was on the scene. >> bill: i'm going to try that, judy. i hate those headaches. a tip, i hired a company to do work at my house and they screwed up. they sent me a bill for $2,000. i don't pay for chaos. now, if that company pushes it,

i'm going to take it further. that leads to the tip of the day for you. every stated has a bureau of consumer protection. find out the phone number and e-mail address of yours and keep it handy. if you get ripped off, don't have to take it, but you have to document the stuff. so here in new york, for example a consumer protection agency gets back to you within 30 days. if are mad as hell about workmanship, stand up. if you lose the fight you'll be better for the exercise. that is it for us tonight. check out our fox factor website. we would like you to spout about anything anywhere in the world. if you wish to opine, word of the day, do not be a naughty, don't be a nauty. the spin stops right here

because we are definitely looking out for you. >> sean: tonight the country saw for the first time for the first time the man that killed 15 and injuries dozens more. he made his first court appearance. he remained silent curing the hearing. they say he will be formally charged next week and is refusing to cooperate. he is being held without bail. the district attorney talked about the case and if the death penalty was possibility. >> there is so much that victims have to take into account and victims will be impacted by this decision and in an enormous way for years. if the death penalty is sought. that is a very long process. that impacts their lives for years.

so they will want to have and we will want warrant to get their input on that. definitely a decision has to be made within 60 days of the arraign. so it is months down the line still. but we will over the course of these months talking about all the victims, developing relationships and who they can talk to and it will take time in this case. >> in the immediate hours, left wingers wasted no time to politicize this senseless tragedy. we will get into the allegations and hear from our legal panel about the likelihood they may face the death penalty. greta van susteren was in the courtroom for the hearing and she joins us live from colorado. thanks for being us. >> greta: thank you, sean. >> sean: you are in the courtroom, first of all give us your general observation and thoughts. >> greta: it was very brief. the door o