bill, sherrod, roger and nick lowe. that does it for me. i'm andy levy. i will see you next time or possibly not because i am ill and may not be here tomorrow and greg might not be here tomorrow. who knowgrs what will go on. >> bill: the o'reilly factor is on. tonight: >> the president is going to act through executive orders, executive action that can be taken. >> bill: is president obama conducting an unprecedented power grab? the factor has been investigating and we have some very interesting information to give you tonight. >> if you are tired of hearing about the problems over and over again with in hope, no plan, no real dissolutions, well you have come to the right place. >> bill: glenn beck will be here. what happened when he tried to buy al gore's far left network? and why is beck embracing the libertarian philosophy? >> i would push for this to be our next president. shoe over barack obama. >> bill: also tonight jesse watters on new year's eve

nuttiness. >> we just saw lady gaga. >> are you kidding me? >> we just saw lady gaga. >> are you freaking kidding me? >> ms. megyn kelly on forking almost a million dollars to a convicted killer to have a sex change operation. caution, you are about to enter the no spin zone. the factor begins right now. >> bill: hi, i'm bill o'reilly. thanks for watching us tonight. are we seeing president obama's big power grab? that is the subject of this evening's talking points memo. have you noticed subtle change in the president's demeanor? he was always a cocky guy. now he has a new edge to him. almost dismissive of opposing points of view. example on the gun control issue where the president will have a very hard time in the house. vice president biden said this. >> the president is going to act. there are executive orders or

executive action that can be taken. we haven't decided what that is yet. but we are compiling it all with the help of the attorney general and all the rest of the cabinet members. as well as legislative action, we believe, is required. >> bill: so what mr. biden is really saying is that the president is willing to use an executive order on a constitutional issue like guns. very dicey. of course that would be challenged in court but a decision could take years. in fact, the left in america has embarked on a ferocious antigun campaign basically telling every democrat, hey, you better support gun control or else. once again a driving philosophy behind this is that america is a bad country. >> we are a violent people. we, as americans, believe it's okay to kill people. we believe it's okay to invade a country that had nothing to do with 9/11. we believe that it's okay to invade a country where we think usama bin laden is and he is in the other country. we just go in and we just kill. >> bill: reasonable people know mr. moore is is a fanatic

and what he says really doesn't matter. but president obama does believe that america is a flawed country and it is his duty to correct those flaws. that's why we're not seeing much give in the president's position on government spending. he doesn't want to cut social programs. he doesn't want to reform entitlements. that's clear. when you say hey, mr. president, have you run up nearly $6 trillion in debt in four years, mr. obama doesn't seem to care. he has borrowed more money than every president combined up until bush the younger's first year in office. think about that. think about that. one president borrowing more than 43 presidents combined. next up, after gun control is borrowing even more money. next month, congress will be asked again to raise the debt ceiling. most republicans will oppose that acting for definite spending cuts before more borrowing. does the president care? >> the only viable option here is congress to fulfill -- that

congress fulfills its responsibility and ensures that the united states of america pays its bills as it has always paid its bills through the its history. >> bill: just shut up and pay. all right? don't be asking for anything, just pay. it's mr. obama's way or the highway. again, he could use an executive order to ignore the debt ceiling and i will not be surprised if he does. so, what we have here is not a failure to communicate as they once said in the movie cool hand lou. but a president who believes he can do what he wants to do with little accountability. he has already signed executive order changing immigration rules. that was done in the middle of the night. few even know about it if this continues there will be a constitutional crisis in america. unfortunately we the people are slow to understand what's actually happening here. there is no collaboration going none washington right. >> now the president is not able to persuade republicans to see it his way. now he ♪ even trying to do that mr. obama is hell bent on

changing the u.s.a. and, in his mind, no one is going to stop him. that's the memo. now for the top story tonight. opposing point of view, joining us from los angeles, adam winkler constitutional law photographer at ucla. generally speaking and then i will get specific, where am i going wrong. >> to portray what president obama is doing as a power grab ignores a long history of executive orders. the constitution says that the president has the executive power and also says that he shall take care that the laws be faithfully executed. every single president going back to george washington has used those powers to issue executive orders. saying this is some kind of power grab seems to me a bit exaggerated. >> bill: if you use your executive order, power, to circumvent congress, because you can't get what you want passed, and that's what he is doing here, i believe in the gun control issue and probably in the debt ceiling issue, doesn't that smack of totalitarianism? i'm not going to go with the

checks and balances that the founding fathers put into place. i'm going to sign my name and you're gonna do it. >> well, we still have checks and balances. we still have the judiciary. any executive order can be challenged in court. the truth is that the courts have generally upheld executive orders finding them perfectly consistent with the constitution. they have done it on important issues, too. president truman used executive order to desegregate the military when congress wouldn't act. we have along history of executive orders even on constitutional issues. i don't think they violate the separation of powers. >> bill: you do see that it will wind up in court and it will be a mess and particularly on the gun issue. now, how do you see it coming down? let's take the guns first. the house is not going to go along with the president's overall view. they may make a couple of minor tweaks here and there how do you think the president is going to handle it? >> well, i think it's certainly possible that we're going to see some kind of executive order from the president. that's what joe biden said the other day and i think repeated that today.

so we're likely to see something, what the president can do executive order is somewhat limited. i think the things he could do he he could tighten restriction on imports oon assault weapons. the first president bush did the exact same thing during his presidency. he could also increase the reporting of mental health data among federal agencies. there is no reason why if one federal agency has information about someone being declared incompetent that shouldn't be shared with the fbi runs the background checks. >> bill: get him into trouble if he then says you can't have this particular gun or you can't have more than a clip with more than 10 bullets then is he going to get into trouble. if he just keeps it in the general sense, there will be a its little bit of outcry. on the fiscal business you know it's a horse trading proposition that the republican party wants smaller government and cut back spending isn't going to give you the authority to raise the debt ceiling unless you give us something back which means you cut entitlements a little bit or you do this, that, and the other thing. what do you think is likely to

happen there? >> well, that is really an unprecedented situation. you know, we have had the debt ceiling raised over 70 times in the last 50 years. congress has always dutifully done its job and raised the debt ceiling under divided congresses and divide government. democrats and congress raised the debt ceiling 12 times for president reagan upon his request. what's unprecedentside that we have never seen congress try to use the debt ceiling as a tool of negotiation. that violates. >> bill: we have a frightening amount of debt now. $16.5 trillion. and i gave you the stats up top about president obama's spending more than every other president combined. so that it's a different situation than it was under ronald reagan. now, i understand that the president can't order congress to raise the debt. he can't do that by any order. buff he can ignore it it he can -- don't worry about it

keep paying stuff off. is that true? is that what he can do? >> well, that's roughly the case. i mean, they have tried to find other solutions. you have heard about mint the coin operation? >> bill: what is the trillion-dollar coin? what is that all about? >> it's a loophole if you will in federal law. the government is not allowed to print money, new money to pay its debts. but there is is a provision for platinum coins, specifically only for plat mum coins that allows the secretary of the treasury to issue platinum coins in any size, any denomination. >> bill: who is going to take the trillion-dollar coin? nobody. if he does that then you know all hell is going to break loose in this country? >> i agree. i think politically that is a bad option. >> bill: walking a tight rope though, barack obama? he is only elected by 3.5 million votes. don't you think he is walking a tight rope right now. >> it is. the tight rope is congress. the president doesn't need to face re-election. it's members of congress who if people's service was are going to be cut they have to

face the voters. >> bill: republicans are not going to give anymore. they are just not. rechaos up there. next on the run down, glenn beck launching ago big new political push. >> he will tell us what it is. megyn kelly on massachusetts paying close to a million dollars so a convicted killer can have a sex change operation. you are not going to believe it we're coming right back.

>> bill: personal story segment tonight. our pal glenn beck has been very busy in texas. he tried to buy al gore's loony cable network. rebranding cable company as libertarian operation. john stossel would be very pleased with that beck joins us now from dallas. howdy. >> this is what all the media is reporting. i appreciate, bill for you to give me a chance to clear this up. i'm not rebranding anything. the media picked up on the

fact this week i said, look, the republicans and the democrats are going exactly the same place. it's a diminishing return here. the difference is getting smaller and smaller. the growing segment is the libertarian network that's what we concentrate on my network and show. >> bill: let's take the debt ceiling which we just talked about. we owe $16.5 trillion. all right? obviously any intelligent person knows if we keep going this way the u.s. dollar is going to collapse which is why you demand to be paid in gold. >> i don't but that's not a bad idea. >> bill: libertarian say we don't want any paper money anymore? what do you want? >> i can't speak for the libertarian. >> bill: you said you are a libertarian. >> i am. i can speak for me as a libertarian. that is a very wide platform. for me, stop spending. cut the size of the government.

go into reason. you were talking about this new coin. are you out of your mind? >> bill: they are not going to do that. >> bill, the fact that they are even debating it shows you how far from reality they really are. >> bill: that's probably on the current tv network which i want to get into now. [ laughter ] beck, did you make a dopey offer to any network? >> we debated back and forth. i think it was worth half of what they paid. so we debated back and forth so we thought, okay, you know what? if we can get that number of households, it's worth it, let's call them up and make an offer. >> so you made a 250-million-dollar offer? >> no. we called them up and we said, so, we want to make an offer. blah blah blah, they said, great, and who is this mercury company? >> bill: right. >> glenn beck. and they said well, we -- that would have to actually go to the vice president we'll have

to call you back. within 15 minutes they called back they said the vice president has a reputation and under no circumstance will he ever entertain an offer from glenn beck. >> bill: even if it was 500 or 700 million? >> we never got to the table. we weren't allowed to the table because his reputation -- his legacy of his network was too important so he sold it to al jazeera. >> bill: that's what i want to say. how do you process it personally when you are more loathesome to al gore than guys who glorify usama bin laden? your words? >> i want that on my resume. it's a badge of honor that i'm more loathesome i'm not anywhere close to his agenda his agenda, his values. >> taking money from gulf oil sheikhs when he is blasting big oil. >> it's so much more than that it's not that he claims all

this global warming bull crap and he really cares and sells and takes all the gulf oil money. it's more than that. his values he said his network and al jadz were launched on the same values, the network that was hiding information about usama bin laden and beyond that the people who started it and launched it stoned women and homosexuals in their streets wow, i'm i'm proud to not have the same corner stone of values as al gore. >> bill: it's hard for me it to believe that gore would just dismiss -- mercury arts is your company. if they came up with a legitimate offer because he thinks -- >> -- no. i believe it 110 percent. >> bill: you believe that al gore in his mind thinks you are more of a threat to the world. >> oh, yes i do. >> than al jazeera? >> i really do believe, first of all, al gore, i think,

is -- i think he is a fraud. i think he is a total fraud. i do absolutely believe that he is more in line with al jazeera than he is with anything that i would preach american acceptsism, american common sense, responsibility, hard work. hey, i live in texas. drill. you bet. i think he thinks i am much more dangerous than al jazeera. he is that insane. >> bill: now, does it trouble you at all that he was almost the president of the united states? that it was just by the supreme court one vote that kept him out? >> on many levels, yes. on many levels, yes. but what is disturbing in this particular case is that here's a guy who used to wear a flag lapel pin and then gets in bed, again, with an organization that cnn said in march of 2002 th are hiding information about usama bin laden that would be good for

the united states. an organization that on the weekend has a regular, you know, like a jesus show except it's all about mohammed, where they are talking about oh, please, allah, give me the courage to stone the jews to death. i mean. >> bill: what's the name of that show? sticks and stones can break your bones i think. >> and al jazeera will kill you. >> bill: i have got to go. i heard one rumor i don't know whether you know it's true or not. al gore doesn't wear a flag lapel pin anymore. he wears lapel of an oil rig. >> i bet that man for the right price will wear anything on his lapel. >> bill: except a glenn beck button. >> thank you very much, bill. >> bill: beck, good to see you, man. lou dobbs on calling people who try to reform welfare racist. it's happened again. watters world looks at chaos on new year's eve. those reports up ahead.

>> bill: lou's the boss segment tonight. as we reported earlier this week the data from the state of new york shows some welfare recipients are accessing entitlement cash in strip clubs, imam gling dens and liquor stores. the story is fraught with danger for those who report it. >> what stops people from going to whole foods and using the atm card there and then going to a casino? it is just, just another effort to berate those people who are in the lower class. >> bill: playing the poverty card once again. here now to comment fox business anchor lou dobbs. so, you were in the middle of this when you called for stronger border security with mexico and stronger immigration laws to get that kind of chaos under control. what was that four or five years ago, right? >> right.

and immediately you are called a racist because it just so happens most illegal immigrants crossing that border happen to be hispanic. >> bill: all right. so you were in the middle of that. and la raza was after you? >> media matters. center for poverty, the southern poverty law center without hint of conscious attacking and offering baseless charges just because they want to pursue ideological goal that was in opposition. >> bill: they also wanted to send a message to other people you better not take dobbs' stance or we are going to get you like we are trying to get dobbs. >> the politics of personal destruction have overtaken the country, particularly the ideological left. >> bill: so now we do a report that says the authorities in new york state know that some people using these cards in strip clubs, liquor stores and this and that we report it it, you are picking on the poor.

you hate the poor, da'da da'da da'da da'da. rather than saying gee, that's wrong, there should be a law against it and how big is the problem? that's exactly right. these electronic benefit transfer cards that are showing up in strip joints, you know, in all sorts of -- >> bill: it's easy to do, this right? the ebt cards you put them in any atm and you get cash. they give you money? >> the striking thing is glen moore from wisconsin is the one perpetuating a stereotype by suggesting that this poverty, that this is an attack against those who are poor. ensign united states that somehow only the poor would be black that they were being disenfranchised by all of this. it's absurd. we are talking about a standard of conduct. a standard. >> bill: with all due respect, i don't think she's to solve the problem and have

restrictions. let everybody do what they want to do. >> career working for nonprofits and government. you may be exactly right. >> how bad is the welfare fraud problem? we hear stats like in california, for example, medicaid, the fraud level is 20, 25%. how bad is this? >> across the country? $200 billion is the number that is used t talk about fraud in medicare alone. nationwide. >> bill: just in medicare? >> just in federal grams. we move to the supplemental nutritional assistance program food stamps we're talking about 4% of the program. over $2 billion is fraud. now, they maintain, the agriculture maintains that fraud is only 1%. don't you feel better? this is a government that is out of control. it doesn't have a standard of conduct. it doesn't have a standard of operation there are no bench marks that are being applied by this congress because, in part, whenever they say, you know, we have really got to do things the right way, someone is accusing them of racism. someone is accusing them of -- phobia.

it's crazy. >> bill: they want to avoid it all together. now, with this high tech business though, these ebt cards and everything else, it's easy to put in things that would stop the fraud, is it not? >>? much easier than it was 10 years ago to attract this. >> there is no question there could be limits applied and that's up to the -- well, it's actually up to the secretary of the department of agriculture. he could order that tomorrow. the second part of it is banks are making money on this. demi moore could have ease said this is an attack against commerce and banking and the international financial structure but chose for some reason to go somewhere else. >> all right. so my feeling about this there is a certain segment on capitol hill doesn't want to solve the welfare fraud problem. look, open the spigot, give them what they want, them, the poor, whatever, and don't bother them, they are poor. leave them alone. >> leave them alone.

leave them within my congressional district. leave them in my power base because if you disrupt it you get people making them up wardly mobile here. what would be my appeal to my constituents that are moving on and upward? >> bill: defender of them and if they are not there i don't get the votes. also the country is going broke we have got to stop this stuff. may i say one more thing for congresswoman moore's benefit. half receiving the benefits are white for the record. >> bill: dumb stuff on new year's eve. jesse watters tracking it down and what happened on national television? some of it is hard to believe. then, meg glenn kelly on quacketd murderer getting a sex change operation in prison. of course, it will cost the taxpayers close to a million bucks. and he is not even attractive. we hope you stay tuned to those reports.

journal news of west chester county which printed the names and addresses of people legally possessing firearms has gone to ground. not saying anything. they are hoping the whole thing blows over. meantime number of far left websites are doing the same thing in other areas of the country. >> this was incredibly irresponsible thing but was an attempt by this elite to demonize people who own

firearms legitimately under the second amendment for self-protection. >> bill: all right. now one of those affected by the journal news is judge jeanine pirro harshly criticized the paper joins us now. watching program. >> i'm a lawyer. opening. >> bill: you basically were challenging the newspaper saying you are hurting people and i'm won of them. that was the point of it. >> yeah. >> did you get any response from that. >> yeah. >> bill: journal news whose business it is is to pedal information who as you say have gone into a hole. we went there this morning and we were told to get off the property, the crew was told that. >> by whom? >> by a guard. >> bill: security guard? was he harmed? >> it looks like he was armed. i know cops and i know what they look likes a cops. go to the publisher's house slams a door in my crew's face which i thought was pretty funny. you will see that then we went to the vice president and editor's house and armed guard said to get off the property. these people who have spent

their lives prying into your life harassing with phone calls, calling you, showing up at school to talk to your kids and have repeatedly tried to get information from you are now in a hole and they won't even defend their decision. >> that newspaper did that to you. >> sure i was a public official i ran for office and a judge. >> bill: so this paper they pursued you in a number of ways you found. >> they idolized me at times and criticized me. i'm a big girl i took my hits. >> bill: when you went to them and asked them about this issue and you sincerely feel that they put new danger, correct? >> i think they put a lot of people in danger. i think they put battered women in danger. whose addresses have been protected by the court. they put the families of corrections officers lives in danger as well as retired cops. they have given interactive map, bill, it's frightening. you go there and, look, bill, even the parole board will say to you if a violent criminal is getting out of jail they will call you and let you know he he is getting out. the journal news has given

address and map to your house. >> bill: they can get that on google unfortunately. >> if they have your address. >> bill: right if they have your address, good point. so you basically feel that morally they did the wrong thing. but their posture is we're not going it ape any questions about it. >> yes. that's the problem. >> bill: we have security guards with guns to prevent you janine pier roar or any other reporter from coming up here and asking us. >> right. >> bill: that seems to me to be if the journal news was convinced what they did was right wouldn't they be out there on this program talking to you and saying look we think this is best for america. this is why we did it. we are not bad people. please understand. instead, they are hiding. >> it's an indefensible tact to take. they are not saying anything. they are not saying we would do it again or we are sorry. we made a bad judgment here. and at the end of the day you have got a lot of people now who are at risk. the journal news needs to stand up, step up, answer questions why they did it. but, you i don't know what?

>> bill: i don't live up there but i think this newspaper is through. i think the publicity here is so bad that a lot of people aren't going to read it anymore. advertisers are going to pull. already lost 50% of rearedship in 10 years. i think this is it for them. >> i think, bill, i know there are people who are pulling their advertising. >> bill: you know that for a fact? >> yes. i know that for a fact. and what they are saying is take down that interactive map. get rid of it now. or at the very least do something that at least makes it clear that you weren't trying to put people in jeopardy. and at the end of the day their silence is the loudest voice in this game and shame on them. >> bill: if you came to my house with those nails, i would get an armed guard. >> you have got to be more worried about my gun. >> bill: that's right. >> that's right. >> bill: you are packing. don't mess with her. megyn kelly another one you can't mess with on convicted killer on whose sex change in

prison will cost the taxpayers $1 million. couldn't they have done a better job? watters dissecting new year's eve stupidity. plenty of it as the factor moves along.

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beginning with the state of massachusetts being ordered by a judge to pay more than $700,000 just in legal fees. to a convicted murderer who wants a sex change operation in prison. that sounds insane, it is. here now attorney and fox news anchor megyn kelly. all right. tell me about this case. from the beginning. >> so this guy murdered his wife because he found her wearing his clothes. all right? he murders her, he gets convicted of murder and gets sentenced to prison in massachusetts. then he decides that he is really a she and robert wants to become michelle. while is he in prison. so he sues because the department of corrections denied him any treatment for his gender disorder. he wins. you might need to recognize what he might need. this is a mental illness is what they found and you have to treat it okay, fine, he can have gender hormone replacement and counseling. well then he got into that after a couple years and said that's not enough, i need a sex change operation. and the doctor who was treating him said, yeah, he

needs a sex change operation. the prison official said i want to hear from another doctor. she went out and hired a doctor from johns hopkins which was run by a guy who is notorious for not believing that there should ever be gender reassignment surgery and the judge said that's not an okay backup because that person you hired was biased you just wanted to hear that he didn't really need the surgery so i reject that. and now i find you have acted in bad faith, really and i'm going to go with the original doctor who said it's a necessary procedure the sex change operation and robert has to get it to become michelle and i reject your aversion. >> bill: still in jail? >> i reject your assertion this is a prison security issue because i don't see any issue in having the newly form michelle running around the prison. >> bill: massachusetts which is broke don't have any money. 700,000 in legal fees na addition to changing this guy into a girl. >> don't feel too bad because scott brown introduced legislation a couple years ago to pry to prevent any taxpayer money for being paid for gender reassignment surgeries

in jail and the taxpayers voted it down. >> bill: taxpayers of massachusetts? >> yeah. >> bill: my question in the promo couldn't they do a better job for a million bucks than this guy? look. there he is. for a million you figure he might look like anete funicello or something. >> let's not forget, he he is in a male prison. i bet he looks pretty good. no even in a male prison he doesn't. but for a million bucks that's what we get? i don't know. >> the surgery hasn't been performed yet, bill. he only has breasts and the hair now. >> bill: i think that might be too much information. all right, kelly, let's go out to california where a guy and this is medical marijuana heaven out there. just got popped by the feds for 10 years? >> yep. what happened there. >> this is the conflict. some of these states provide medical marijuana and if you choose to engage in distributing it which this guy did at three different dispen sears you are still in violation of federal law, you are rolling the dice that the feds will not come after you.

california fine, but not under the federal law. well, the feds pretty much leave these guys alone unless the operation seem untoward to them. and this guy, his operations seem untoward. they were huge, they thought it was purely for financial gain. >> no. >> they didn't think he was in it to actually help sick people. >> bill: this guy was pedaling big time pot to the clinics and the feds got him. and he got convicted, right? >> and the feds said to him, mr. sandusky, you have got three places, you shut them down we will leave you alone. >> he shut down two of the three. he got arrested. >> bill: what did he get? >> 10 years which is the minimum. that is the minimum sentence under federal law. he could have gone to jail for life. he got off easy. >> bill: in that period he wants to ginn become a girl he might be able. >> to that's the thing. just to dial back to the massachusetts i know you are laughing. there is now incentive for people who want gender reassignment surgery to commit crimes so that they can go to prison they don't have insurance or the money to pay for it. some insurance pays for it

some doesn't. go to prison get it for free at least in massachusetts. they think it is cruel and unusual punishment to deny somebody a surgery that has been designated medley necessary. >> bill: i'm thinking back to my sixth grade teacher and what she she would have thought about america today. >> james madison. >> bill: baby veronica is going to appear in front of the supreme court. >> this is a big deal. they took the case. we talked about this a while ago. family adopted a beautiful baby girl and then they lost custody of her when she was almost 3 years old to her birth father because of this thing called the indian child welfare act. it was supposed to prevent people from being able to yank children off of indian reservations because people outside the reservations had a different standard of how a child should be raised, that's nod at quat. >> explain this man put the girl up for adoption. >> when his girlfriend was pregnant with her he said i relinquish my parental rights i don't want anything to do with the baby.

>> bill: three years later. >> gave up rights shortly after she was born. legal dispute took place for three years. the point is he relinquished the rights under the south carolina law. the only reason he got a ruling to get her back because of the indian child welfare act. >> bill: i predict the baby stays with the family. >> that would be a huge ruling. it's a big deal the supreme court took this case. >> bill: the baby is still with the family right now? >> no. the baby is with the birth father who is is not allowed to family to see her. she has been with them for three years. she knows no one other than he takes her. little baby girl must be so confused and will be further confused. thank you, ms. megyn. jesse watters on deck. asked him the chronicles of dumb things said and done on new year's eve. watters is next.

>> bill: back of the book segment tonight, watters world. the new year is 10 days old but memories of the stupidity on new year's eve still fresh in our minds. so we asked watters to chronicle some of the dumbest things he saw. >> new year's eve in times square was chaos. there are over a million people. 200,000 of them were foreigners. it was 35 degrees and there was a little bit of liquor. there were a few arrests that night and it cost the city 50 grand to clean up. also needing a little clean up tv that night. >> we just saw lady gaga. >> are you freaking kidding me? >> allow me to toast to a prosperous 2013 with the one thing that you are -- >> i'm saying you should try

white. >> i love white. >> because it will keep you [bleep] >> police that. police that. >> who are you watching on tv? >> i watch the ryan seacrest. >> what did you think when you got that call? >> huh? >> did you dance gang numb style? >> did i not. >> when psy came here it was incredible. >> gang numerousnum style. >> i slept on the couch. mom was like get up, get up. i'm like happy new years. >> do you have any idea what time it is? >> did you see cathy griffin and anderson cooper? they got into a little situation. >> i wasn't aware of that. >> no one has ever gotten sick from kissing the sardine in east court maine 2013 here. >> pretending to do inappropriate things to it him. >> all night long. >> what was your reaction when you saw that? >> disturbing. >> you watched cathy griffin

do her thing when your mom was there. >> agree. >> jenny mccarthy made out pretty heavily that night with some of these guys. >> i thought it was cute. he looked like he wanted more from her. >> i would like to confirm that you are single? >> yes, i am single. >> when the camera pans to these clowns making out what did you think about that? >> as long as you are with the right person i have no problem with that. >> happy new year. yea ♪ >> ewe. >> brought the love man. >> you would never get caught out on the street national tv with that would you? >> not sober. [ laughter ] >> what's with the tongue? >> oh that was. >> way too much public display of affection. >> even for cable. >> do you watch bill o'reilly. >> yes, i do. >>. you can wish bill o'reilly a happy new year? >> to whom? >> where are you from. >> from kazakhstan.

do you know borat? i'm his brother. >> i like you. >> dear bill o'reilly, happy new year. have a good prosperity. good luck. >> we were on in kazakhstan. cable with one station with mouses jumping, mice. >> there are a whole bunch of choices to watch. which show was the highest rated on new year's eve. >> new year's eve. ryan seacrest took the torch from dick clark. 13 million for average. 22 million at the stroke of midnight that beat all the other networks combined. highest rated show in 12 years. >> that new years rocking eve do they still call it that? it is a legend show it? >> is. >> bill: people don't understand that on cable you can do anything. the fcc doesn't control us. >> right. >> bill: we got a letter to that effect. so, on cnn and that wild woman

can do anything she wants. >> and she does. >> bill: if she were on abc or nbc she would get in trouble for that. >> she would get in big trouble. it's ironic that espn had to apologize for broadcaster calling a beauty queen pretty but they can simulate a sex act on cnn and no one says anything. it doesn't make any sense. >> bill: no one apologized? >> no one did. >> bill: i'm not getting involved. jesse watters, everybody. factor tip of the day who do you want to have dinner with? you made some calls. the tip 60 seconds away.

>> the tip of the day. your choice for a dinner companion. and first from florida. the right wing media taking shot at al gore's movie "an inconvenient truth", he was right.

i'm an agnostic on global warming and bullish on a clean planet. i didn't run al gore down on that, but the al-jazeera deal is wrong in every day. and zack, from florida, apologize to portly people, gore puts the hippo in hypocrisy. and from austin, texas, why can't the fcc stop the gore deal? fcc has no authority over cable, because you buy it. only network programming is free under the federal jurisdiction. jason, singapore, watch a number of news programs on a number of networks, al-jazeera being one of them. viewers should be allowed to make their own decisions, they are. mitt romney did what gore did the left would have scorched him for predatory capitalism. valerie, charlotte, north carolina, you don't get it. fawning over beautiful women

by brent musburger made me think he was salivating. yuck. and thomas from california, good for musburger, miss alabama is smokein' hot. my 14-year-old nephew is now out throwing the football. and debby sparks, virginia, had a tough day and came home to see you and miller talking about mcmillan. stripper history, i didn't know when i laughed that hard. my daughter and i enjoyed the bold and fresh show so much we have tickets to see you and miller in l.a. at nokia theater. thanks for the plug. he see you there. phoenix ofriday february 22nd. washington at the dar constitution hall on april 26th. wesbury theater on long island my