the u.s. supreme court. >> bill: it's not a federal case. >> that's the problem. bill: it's the targeted nature of it? >> there is no case on point here. the question is -- it's not whether it's targeted. the question is whether you can have -- there is a tort called intentional infliction of emotional distress. the question is whether that can apply when you are talking about speech. that's essentially what they did. >> bill: that's what happened here. >> you know what will happen if the court says yes to that, with the supreme court. that's oklahoma. let me finish my point. >> bill: hold it wait, wait. so the people know, the original judgment was in maryland. >> it doesn't matter. the supreme court is bound by a whole host of federal, high court jurisdiction. jurisprudence that speaks to the issue of the first amendment. what i'm telling you, bill. >> bill: they are adjudicating a state case here. go ahead. >> what i'm telling you, bill, is if they say that outrageous speech can give rise to a claim like mr. snyder had, then you can -- you wait for the flow of

where is the life vest? >> billhe mexicans are not cooperating and the woman, the wife, tiffany hartley -- >> -- yes. >> gretchen: appeared with gretchen carlson on "fox & friends." roll the tape. >> the mexican authorities are claiming now that maybe this incident didn't even happen. how would you respond to them? >> i can't imagine that. because i loved him so much. he was my rock. he was everything to me. [crying] and i loved him and there is no way i would do anything like that. i can understand since they say they can't find the body, but they are not looking. they are not looking for him. >> bill: now the u.s. state department has asked them to but is not putting any more pressure on that on there. >> yeah, they are not doing. guess what? because the boat that they go out to look for people in that area when they are missing has a broken motor. it's ridiculous. >> bill: they are pretty much stone walling. this we are not shocked about that. >> it's an incident that happened where a u.s. citizen have had encoun

too easy. >> the dick cheney one was hard. >> bill: katherine heigl and ellen degeneres in the zone p. pwpwpspa >> bill: pinheads and patriots in a moment. ellen degeneres mocks katy perry. but first a big surge in premium membership sign-ups last night. dennis miller coming next week. might want to check out premium membership on billoreilly.com. also where -- as i'm going, all of our correspondents this evening a signed copy of the book it is only fitting. we have to give back ladies and gentlemen. now the mail. mark: when bill maher resorts to personal attacks on tea party members it discredits his message. if his arguments were sound he wouldn't have to could that. the interview was generous he looked much less secure than on his hbo show. bryan: while you might admire president obama for standing on principle you might point out he ran as a mad right who said he would unite the country. good point. >> all men hold strong convictions even evil ones. admiration should be reserved for a man whose principles are admiral. that might mean that you can't respect those with whom you day

great weekend. >> bill: "the o'reilly factor" is on. tonight: >> as a matter of fact, i'm oftentimes stunned by what i hear on fox. >> bill: congresswoman maxine waters a far-left person accuses fox news of being anti-immigration. we will provide proof that ms. waters is not telling the truth. >> i need you you to be fired up. i need you to stay fired up. >> bill: president obama ask americans for more time and not vote out democrats in the upcoming election. >> it took time to free the slaves. >> bill: but some are offended by the slave analogy. perino and marshal will analyze. >> i think outloud a lot. you don't. no also glenn beck and i discuss president obama's beef with some loud mouth cable news anchors. >> we are the big dog. >> yeah. yeah. >> bill: to whom could he be referring? >> you are a likeable guy, bill. >> bill: 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. once again congresswoman maxine water dishes propaganda the in the hou

>> bill: cards up, please. thewish it were a, driving. >> bill: we all wish what you wish, ms. martha. you were desperately wrong. >> they should come up with that. >> bill: still tied with one final question to go. 17-year-old miley cyrus raising eyebrows with a racey new music video. >> ♪ when you search my head ♪ i go crazy, yeah ♪ who owns my heart? ♪ is it love or is it art? >> bill: that's a little like aba, isn't it? it just hit me. >> aba wore clothes. miley previously got in trouble for doing a suggestive pole dance at what event? [ laughter ] >> bill: and the answer is the teen choice awards. so it is a tie. >> it's a tie. >> bill: need a tie breaker. okay. true or false, maccallum, the last miner to emerge from the chilean situation carried a copy of my book pinheads and patriots. >> that would be false. >> bill: you win. [ laughter ] >> are you kidding me? this is rigged. >> bill: doocy is walking off. actually. >> i'm storming off. >> bill: i'm giving scott. >> that's not appropriate. >> bill: doocy we

>> steve, what is the name of him? >> bill: okay, maccallum. what's the name? don't know. >> bill: let me give you a hint, maccallum. maccallum. grant vs. >> lee. >> bill: she wins. >> yes! i love it when i win like this. >> bill: i don't care. >> yankees won game one. that's why you threw me. >> of course it was lee. the pitcher. don't you remember? >> bill: everybody wins the prizes. pinheads and patriots on deck. katie couric in the zone right back with p and p. >> bret: there is no grapevine >> bill: pinheads and patriots starring katie couric and glee in a moment but, first, we continue our duel promotions buy a copy of pinheads and patriots on.com get a tote with a zipper. they tell me that makes all the difference. we will personalize the signed books for christmas. get the orders in early. terrific deal there sign up for annual premium membership on bill o'reilly.com. we will send mp-3 to troops overseas in your name. you will definitely be the patriot. bill you would have to be from outerspace to believe that gala. say hello to everybody in rosewell. >

i'm bill o'reilly. in the personal story seeing. ll maher who is one of the most adamant voices against religion and conservative people in america. in fact, mr. maher is blunt. conservatives and believers are morons. even on some cable competition to fox which is why many people probably didn't hear you say this because nobody watches. but you say on a couple of shows that i saw that a lot of americans are too stupid they just don't understand what's going on and therefore they make fallacious decisions. do you feel comfortable saying look, you american people most of are you dunder heads and you don't just understand. >> i do. >> bill: could you feel comfortable with that. >> absolutely. 60% of the american people, bill, believe the noah's ark story is literally true. >> bill: i don't know any of those people. i think they found noah's ark on some mountain in turkey. >> that's in your bible. if you are a religious person and the bible is written by god, why isn't -- why is stuff in the bible untrue? >> bill: it's allegorical, bill.

i was the author of the mccain- of fine gold bill, of the most bipartisan bill in the last 10 years. we proposed a line item veto which the president has endorsed curre. we have introduced bills where children can i get an dental care. the other night, you mentioned somebody that you had done cooperative work with. he wrote a letter to the paper saying that was not his experience with you at all. he supports me for the u.s. senate. >> you have a follow-up? >> it seems like the contention between the parties is played out with the use of the filibuster and even the anonymous call that is put on legislation both of which seem to contradict the principle that a simple majority when. ins. since these are several and not constitution amended it, do you propose changing them or limiting them? >> i respect the fact that the founders of this country created a constitution that tries to create a balance between the house and the senate. i think the senate has to have rules where things don't go flying through. they tend to do that in the house. that is what i slowed down that cap and the trad

now to the mail. frank: billge the homeowner for the expense of putting out a fire at his house if he didn't pay the firefighter fee was brilliant. sometimes stossel can be a pinhead. frank: stossel is wrong when firefighters stop being public servants. not assisting is unamerican. i leak that, signed copy of pinheads and patriots on the way. lisa: as an educator i've seen parents blame teachers for the laziness of their children. we are living in the age of entitlement lisa. craig: bill, wise up, nicky diaz will not be deported she will probably be given her own reality show. we'll see. donna: o'reilly, i moved your book to the top shelf, you are welcome. we are aware of that bookstore donna, thank you. this is what i'm going do. there's a barnes & noble down the street, i know church because he was raised there. friday october 15th, i'm going to be at that barnes & noble, 7 p.m. to sign pinheads and patriots because the border's store annoyed me i hope you can make it. thomas: the book is outstanding even the c

if that's what the people decide. >> bill: that's what the people decide. >> no. on them. they would have to vote on it? >> if this is what they decide to do i'm totally fine with you. >> bill: i'm not going to impose. they vote. >> this is their community. this is what they came up with. the fire department, as cold and as awful as it sounds. >> bill: i want that option in there i want them to vote on that option. >> if you move to that county, you can do that. >> bill: okay. worse place to live beautiful rural tennessee? >> absolutely. wondering because maybe there would be a space here. [ laughter ] >> bill: i have convinced you again. >> no, you haven't. you haven't convinced me. i have convinced you. no. >> i have convinced you. >> bill: vote on the back end. >> that's not what you started with. no i -- >> i convinced him. 1 to 1. >> bill: all right, beck. so i won and you lost. >> no. that's not how this works. [ laughter ] >> bill: glenn beck, everybody. by the way, glen told his radio listeners today he is undergoing medical testing and, of course, our pra

>> steve, what is the name of him? >> bill: okay, maccallum. what's the name? i don't know. >> bill: let me give you a hint, maccallum. maccallum. grant vs. >> lee. >> bill: she wins. >> yes! i love it when i win like this. >> bill: i don't care. >> yankees won game one. that's why you threw me. >> of course it was lee. the pitcher. don't you remember? >> bill: everybody wins the prizes. pinheads and patriots on deck. katie couric in the zone right back with p and p. >> bret: there is no grapevine >> bill: pinheads and patriots starring katie couric and glee in a moment but, first, we continue our duel promotions buy a copy of pinheads and patriots on.com get a tote with a zipper. they tell me that makes all the difference. we will personalize the signed books for christmas. get the orders in early. terrific deal there sign up for annual premium membership on bill o'reilly.com. we will send mp-3 to troops overseas in your name. you will definitely be the patriot. bill you would have to be from outerspace to believe that gala. say hello to everybody in rosewell.

it's been the department of state. >> bill: you are saying that secretary of state clinton is the problem, there are two different bills, bill. >> bill: i'm talking about the 1.1 billion that the state department. >> it passed. that has nothing to do. that was a requirement of the appropriations committee. i don't set on it i don't have anything to do with it. >> bill: we'll have to call mrs. clinton's office and see if she agrees with you. the other 500 million are you holding that up. >> sure. speaker: it's new spending. it hasn't been off set. the reason we are $13.5 trillion in debt. we created a new program. >> bill: not just unfunded you will add more to the deficit. >> we refused to make priorities for this country. and i don't let any bill out of the senate that's an authorizing bill -- unless they want to bring it to the floor. if they want to bring it to the floor and let me have a chance to amend it and debate it, i'm happy to do that. >> bill: the argument is that you are the mean guy because people are dying and suffering in haiti and you are not going to send the 500 million

very tense. >> bill: over the ground zero mosque controversy. >> what are you talking about. >> bill: they are the ones that killed us on 9/11. >> [bleep] [bleep] [bleep] >> bill: we have a follow up report. >> you have just seen what should not happen. >> if we're being politically correct and there is no one in the community or it's a very small small percentage, that's ridiculous. >> bill: the town of cambridge, massachusetts tells public school children they now have to celebrate a muslim holiday. glenn beck has some thoughts on that. 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. a view of "the view" one day later. that is the subject of this evening's talking points memo. there is a much larger issue in play than the discussion that took place yesterday on "the view." we'll get to that in a moment. but, first, the nation is talking about my debate with theview ladies over how to describe and process the brutal attack on 9/11 2001. after whoopi goldberg and joy behar walked off the set

or pass the health bill faster, the energy bill... >> rose: but were you prepared to notiate on any of that ha? >> we did negotiate on all of that. >> rose: a how many votes did you get from the republicans. >> none. >> rose: none? zero >> on the health care bill, they had close maybe 200 amendments. some were accepted, some were altered and some were not accepted. >> rose: so the president came to washington saying "i'm for change and i want a bipartisan envinmenbecause the issu are too important not to have solutions that have a bipartisan apoach." >> right >>ose:hat happened? >> the republicans jt sa no. they just said no. th said... they made a calculated decision that it was better to obruct and it would help thein this election. and, by the way, many of th believe in what they said no. you kn, i'm not saying 's strictally a a political thing. they were opposed to health care for all americans. they objt to the ft that we have wl street rorm ich has the strongest reforms in decades in termsf the financial and seicesndustry and the greatest consumer protection in the history of our

there is no tax in the bill. it has been estimated that the the most it would cost nationally would be the price of a postage stamp today. in nevada, it will bring down prices of energy because it incentivizes the development of renewable energy. we have a big customer next door in california who will buy that energy. not only will it be able to provide it to nevada and bring down our rates, we will become an exporter. it is good for international security. we're no longer going to be dependent on foreign oil that comes from a lot of hostile sources and it is good for the environment. >> we must become energy independent. to do that we have to use all the above type of energy policy. the cap and trade policy that was passed will at $1,700 to the average family's utility bill during the course of the year. it sets off a scheme of trade and credits for energy which is righright for abuse and fraud. if we decrease dependence, we need to include the oil reserves, natural gas reserves we have and we need to explore nuc

if that's what the people decide. >> bill: that's what the people decide. >> no. mpose it on them. they would have to vote on it? >> if this is what they decide to do i'm totally fine with you. >> bill: i'm not going to impose. they vote. >> this is their community. this is what they came up with. the fire department, as cold and as awful as it sounds. >> bill: i want that option in there i want them to vote on that option. >> if you move to that county, you can do that. >> bill: okay. worse place to live beautiful rural tennessee? >> absolutely. wondering because maybe there would be a space here. [ laughter ] >> bill: i have convinced you again. >> no, you haven't. you haven't convinced me. i have convinced you. no. >> i have convinced you. >> bill: vote on the back end. >> that's not what you started with. no i -- >> i convinced him. 1 to 1. >> bill: all right, beck. so i won and you lost. >> no. that's not how this works. [ laughter ] >> bill: glenn beck, everybody. by the way, glen told his radio listeners today he is undergoing medical testing and, of course,

the problem. log on right now. see you tomorrow. bill: good morning, everybody, hope you had a great weekend, do you know who you are voting for, november 2nd? 8 days to go until tleks, tipping the balance of power, and, an ap poll shows 27% of likely voters still are not entirely sure, who to send to washington. folks, what are you waiting for! i'm bill hemmer. welcome to "america's newsroom," how are you doing. martha: i'm doing well, how are you doing. good morning, i'm martha maccallum. good to have you with us, and it is home stretch time, folks and these two men, may or may not have job security after november 2nd. first up, republican party chairman michael steele. he says time for a change, check it out. >> the ideas put on the table, light of them from -- propounded by folks like john boehner and eric cantor and paul ryan, were summarily rejected and in fact as you recall, david, republican leaders, particularly specific members could not even get a met meeting with net and tried after sending letters and requests to see how we

i have a draft in my office of the bill. it has changed, but in washington, everywhere in -- everything changes all the time. the whole thing is to say instead of the fcc trying to create jurisdiction, we in congress will give it to them with this bill. then they will have a limited ability. i am encouraged by the stakeholders. my staff is involved and i look forward to trying to pass this bill. >> if republicans take control of the house, you are in line to take control of this committee. you have indicated that you would like to continue with this issue. you have said debt it is important to get -- u.s. said it is important to get the input of state -- you have said it is important to get the input of stakeholders. >> there is some concern about affiliate's getting information without the customer knowing about it. because of that, we are saying, if you're going to use this information, selig to the affiliate, we want the customer to know. every nation about what books you buy or what clothes you like is not -- information

of the bill. i'm the strongest advocate to make sure this bill doesn't rip off wisconsin. i will always be. >> as detch stating as that -- as devastating as that would have been for wisconsin you shouldn't have allowed that thing to move forward. >> let's move on to eric. you have the next question. >> let's turn to social security. according to the congressional budget office, social security will be able to pay full benefits to every recipient until the year 2039. so there are concerns as more americans age and retire that the money will run out. i believe there's also a resolution going through the house and senate right now that's called for no cuts to the program at all. my question fow is are changes needed -- my question to you is are changes needed and those that pay into the similar will see something when they retire? >> and we're going to start with mr. johnson and then senator feingold. excuse me. i'm mixed up here. it's senator feingold -- >> that's what i want but i wasn't going to ar

because it's bad for west virginia. >> bill: he murdered the cap and trade bill. i can't believe it now that's a democrat. that's a democratic guy shooting at the cap and trade bill. >> well, consider what the situation he is in. here is a democratic governor who is really very popular indeed. he has, bill, a 66% approval rate. and, yet, he finds himself trailing republican businessman who has run for statewide office several times reasonably well known but was not a year ago, i thought, or anyone would have thought to be a great threat to him. and, yet, here he is. and so manchin, i think, sees no alternative but to run as far and as fast away from the obama agenda as he can he has a little problem in that he had spoken favorably about the health care bill in the past. he said he would repeal the worst parts of it is he not joining the republican call to repeal the whole thing. >> >> bill: he didn't shoot the whole bill. >> good shot, right? >> bill: i wouldn't want to tee him off. he has got the scope. >> you don't often see a democratic candidate walk into an ad

it did pass legislature and is on the governor's desk. interesting bill that emerged toward the end of session is sb 1371, found on page 16. that allows prop 1a, the high- speed rail bond, the preliminary category where there is a former -- formal distribution to provide connectivity to high- speed rail systems when eventually develop. this would allow a community to advance on projects with the prospect of later being paid back when the bonds are sold. this deals with the gap between if you have a late budget and do not have the ability to put a marker for bonds, it allows if the project is ready, for the local agency to move forward with that project and have the prospect of being paid. on behalf of another client, i'm anxiously trying to get this signed by tomorrow because the commission is trying to move forward on this. this is right now high on my list to get done. that is pretty much it for the high-speed rail. there were a couple of other ones. i will not mention the ones that failed because they were watered down as they got toward the end of ses

very tense. >> bill: over the ground zero mosque controversy. >> what are you talking about. >> bill: they are the ones that killed us on 9/11. >> [bleep] [bleep] [bleep] >> bill: we have a follow up report. >> you have just seen what should not happen. >> if we're being politically correct and there is no one in the community or it's a very small small percentage, that's ridiculous. >> bill: the town of cambridge, massachusetts tells public school children they now have to celebrate a muslim holiday. glenn beck has some thoughts on that. 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. a view of "the view" one day later. that is the subject of this evening's talking points memo. there is a much larger issue in play than the discussion that took place yesterday on "the view." we'll get to that in a moment. but, first, the nation is talking about my debate with theview ladies over how to describe and process the brutal attack on 9/11 2001. after whoopi goldberg and joy behar walked off the set

he returns this 140 yards all the way down inside the bills 10-yard line. reid with two picks on theeday. ravens' secondary only had one as a hole come nothing to the gaae. ravens had a 10-point lead. he fumbles the exchange. the ravens give it right back. carving off the ravens' secondarr. 17 yards for his third receiving touchdown of the gamee the bills trail byy three. >>> 8 seconds to go now. lining up for the 50-yard field goal for the tie. right down the middle. that would have been good for 60 yards. just like ast week, the ravens blow a 10-point lead. they're 37-34 in overtime. kristen berset had this after the gamm. >>reporter: the ravenn face a team coming off their bi-week. the second time in a row they went in to overtime. this game has different outcomes. they struggled throughout. p> the bottom line is we're 5 and 2. we pull the it out at the end. (unintelligible). >> just getting back out there with the guys, that was -- knowing the fans are going to be how ttey were, that was just a dream come true. like a roooie all over aggin. -p>>reporttr:

let us not forget that one of the amendments to the bill was known as the screw nevada bill because it limited the number of sites that were being studied just to us. i don't think we should screw nevada. i think we should not have yucca mountain as a storage facility. let's look at some other ways to invest in renewable energy instead. >> our next topic has to do with health care. you originally voted against health care reform because the original bill would have hurt families and small businesses, but then you did vote for after getting those provisions change. are you concerned at 10 years from now we will be saying that it was not worth the cost? >> absolutely not. i am not concerned about that. 10 years from now we will look back to this as a historic moment, just as we look back to when we created social security and medicare. i did vote against the original committee bill because i thought there were provisions in there that we could improve on. i had an amendment to the bill that i got past that help small businesses. there are a lot of small businesses in this district and i

>> that's the problem. bill: then when they come knocking on my door, i'll take my stuff and walk out? >> that's exactly the problem, bill, is that this almost gives people an incentive not to pay their mortgage. that's why aforeclosure moratorium would be just a horrible idea. as i said at the outset, this couldn't come at a worse time. because i was feeling like we're finally turning the corner on the housing crisis, we're finally reaching a bottom, but you know, when you look at states that have a good orderly process of foreclosures, those are the ones who are putting the old housing crisis behind them, it's where you've got a mess, where you can't filling out who should be in the house and who shouldn't, those are the states where the real estate market is in crisis. bill: which states would you be referring to there? >> just as an example, i live in virginia, we have a very orderly process and we've started to see the housing prices rise again, across the potomac river in maryland, it's a different process

>> steve, what is the name of him? >> bill: okay, maccallum. what's the name? t, maccallum. maccallum. grant vs. >> lee. >> bill: she wins. >> yes! i love it when i win like this. >> bill: i don't care. >> yankees won game one. that's why you threw me. >> of course it was lee. the pitcher. don't you remember? >> bill: everybody wins the prizes. pinheads and patriots on deck. katie couric in the zone right back with p and p. >> bret: there is no grapevine [ male announcer ] to equip the lexus es with standard features more like the mercedes c300, u'd have to take out the six-disc cd changer and leather-trimmed seats. with the bmw 328i, you'd also lose the power moonroof and 17-inch alloy wheels. and some oths in its class -- forget wood detailing or sound-dampening windshields, to name a couple. but why would you want to do that? the lexus es -- standard is nothing short of extraordinary. see your lexus dealer. standard is nothing short of extraordinary. what super fruit is surprise! it's sunsweet ones. prunes... a super fruit? really? they're a delicious source

burden is put on people who don't really want to be in the bill and the bill won't work without that. >> i've got to tell you, dagen, fox learned that another 100 companies petitioned the white house to opt out. it's crazy and looks like the proverbial snowball is building. >> it perfectly illustrates the fact that nobody, none of the democrats who helped put this law together fully understand how it will play out on corporations, on businesses, and on individuals. you've already seen what a 9% premium increase related to obama care just for next year, you've had multi-billion dollar write-downs from major corporations from verizon to caterpillar. you've had a rule that they still haven't fixed yet that would cause small businesses to file 1099's on defenses over $600. that would be a business killer. this is just one example of many problems that are going to pop up in the coming years. >> i've got to tell you, matt, what i find interesting, you have unions and businesses on this. mcdonald's, i guess that story brought us to light, but the united federation of teachers, 300, al

>> i've been in bowels of the earth. >> bill: good point. aybe they just want to go to the beach for a few day autos yes. >> i saw that when they came down and opening the camera up i thought look. it's assistant manager day at target. >> bill: bristol palin's daughter -- daughter of governor palin is on "dancing with the stars". let's roll it. ♪ [ music ] . >> bill: so did they she get high marks? was she successful? >> this is going to break your heart. i was watching the bachelor chile last night. i don't watch "dancing with the stars" anymore. i'm trying to wean myself off reality tv. i find it's too representative of the real world now. undeserving people are winning. i watched "survivor" 10 years. i can't watch anymore. there are doltish kids winning. and "dancing with the stars" as sweet as it is. i find it sweet. bristol palin gets out there. must be exciting for them. she's just having a gas at it. i find that a couple people won who aren't the best dancers and i want the best to win. it almost represents the united states of america

>> i've been in bowels of the earth. >> bill: good point. ybe they just want to go to the beach for a few day autos yes. >> i saw that when they came down and opening the camera up i thought look. it's assistant manager day at target. >> bill: bristol palin's daughter -- daughter of governor palin is on "dancing with the stars". let's roll it. ♪ [ music ] . >> bill: so did they she get high marks? was she successful? >> this is going to break your heart. i was watching the bachelor chile last night. i don't watch "dancing with the stars" anymore. i'm trying to wean myself off reality tv. i find it's too representative of the real world now. undeserving people are winning. i watched "survivor" 10 years. i can't watch anymore. there are doltish kids winning. and "dancing with the stars" as sweet as it is. i find it sweet. bristol palin gets out there. must be exciting for them. she's just having a gas at it. i find that a couple people won who aren't the best dancers and i want the best to win. it almost represents the united states of america.

i only cut them off if they lie or avoid the question. diane: billiots at the grocery store it was next to the ice cream. that's a sweet deal diane. i bet you are shopping at cost costco is moving a ton of my books. harry: just finished pinheads and patriots and you did a great job of analyzing the obama presidency, bill. i appreciate that. i tried hard. mark: bill, didn't think you could write a better book than bold fresh, but you did. i appreciate all the kind words i'm getting. finally, brand new pinheads and patriots situation here on the factor. from now on, you vote, you decide who the pinheads and patriots are each evening, not me, you. we'll show you video then you cast your ballot on billoreilly.com. give the results the following evening. we kick things off in asia with a teacher, student and cell phone. >> bill: that's quite a statement. is the teacher a pinhead or patriot for breaking the kid's phone? that is it for us tonight check out the fox news factor website different from billoreilly.com. spout off about the factor oreilly@foxnews

speaker nancy pelosi said you had to pass the health care bill to know what is in the health- care bill. if you look at the 1099 form provisions, i guess the only question for the people who voted for the bill is this. you either read the bill and voted for it even though the provision was in it or you read the bill and decided you had to vote for it because of that provision. you either agreed and voted for it or you voted for it because you did not know it was in there. >> that was a yes. let's go down the road. ms. markey? >> no, i would not repeal the health care bill. there are many, many good provisions in the bill that are good and necessary. there are other things that need to be fixed. the 1099 issue is something that needs to be fixed. last month they sent a letter to the leadership saying that was something we needed to work on. the fact of the matter is, let us not forget about the really positive things in the bill. it is estimated in the next 20 years, and most of these savings are in the 10-20 year time frame that the bill by covering everyone, looking at cost containment

oh, that's the spot! >> bill: impact segment tonight, 43% of americans approve of the president's job performance. 53% disapprove. the lowest approveal number the routers poll ever reported. joining us is one of the stars of "good morning america" george stephanopoulos. we know about the economy and how that is hurting mr. obama and democrats but there has got to be more to. it looks like it's taking on a life of its own now. the routers poll shows that democrats, people who are in the party are now turning a little bit away from the president. so what? there has got to be something. >> remember, the president is still in a higher place than bill clinton was at this point in his term, and ronald reagan and all of their major political institutions. he's not in a death row right now. as far as problem with democrats, they're upset about the economy but there is a problem with liberals wishing he would have done more on issues like gays in the military on health care, and on other issues they feel he hasn't been th

the congress is do nothing about this. bill: okay, but if you're on the bench, do you give any consideration to the housing climate, to the economy, and what can happen if you sell it for two months -- stall it for two months, or beyond? >> if you're on the bench you're force that they pay the mortgage, and you sign an order, deeming the house over to the bank so they can sell it and recoup their loan. if the bank can't prove they own the mortgage, you journ the case until the bank comes back with the right paperwork, but you don't stop the bank from attempting to get back its money. if that happens, across the board, the banks will lose a fortune. bill: some of these foreclosures will be halted for sure. >> absolutely. absolutely. bill: judge, we'll see how many in the end, how many states it affects and how many homeowners. thanks judge, see you later. check out freedom watch, fbn, with our man, the judge. martha: our man, the judge! >>> we know voters say it's all about jobs this time around and that message may be hitting h

sunday was one of the games for bill al. had four tackles and induced two key holding call an the most disruptive game of the year. when we pointed that out to albert he couldn't resist taking a stab at the redskins coaching staff. >> the more i play the better i get. if you leave me on the field longer, i can cause more havoc. >> let me say the more he plays like, this the more he will play. that was, by far, albert's best gym since i have been here. had a lot of effort. i was pleased with his performance. >> the more he ply plays like that the more he will play. funny. portis left in the second half with a groin strain on sunday. the team is awaiting mri results. clinton told me on sunday he doesn't think it is a big deal. >>> espn is reporting that eagles quarterback vic will not play against the 49ers. the virginia native suffered a ripped cartilage injury on sunday night against the redskins. and some experts say it more painful than having broken ribs. have a great tuesday, ever. >>> monday night football last night in