>> yeah, a lot of us are having trouble keeping our excitement down. about rand paul. >> bret: thanks for inviting us into your home tonight. that is it for this "special report," fair, balanced, and unafraid. k k k k k k k k k k kt was. was that you, bill? >> bill: "the o'reilly factor" is on. tonight? >> why is waterboarding legal in your opinion. >> because the lawyer said it was legal. >> bill: president bush remains defiant on waterboarding even as the american left continues to condemn him on the so-called torture issue. we will talk about it with governor ed rendell and congresswoman michele bachmann. >> how would you assess your outreach to the muslim world at this point in your presidency? >> bill: once again the president is asked about the muslim situation, this time in indonesia. he dodged the question in india.

we will debate what he said this time around. >> thank you. >> are you queazy about getting naked at the airport? >> is it legal investigating the full body scan controversy oh- oh-oh. >> that's disgust. >> bill: you where to enter the no spin zone. the factor begins right now. >> hi, i'm bill o'reilly. thanks for watching us tonight. president bush and torture. that is the subject of this evening's talking points memo. this week president bush is making the media rounds talking about his new book explaining some of his controversial decisions in office. last night matt lauer got the first crack. mr. lauer is a good interrogator but is he a liberal guy. his questioning about

waterboarding was interesting. watch his facial expression. >> why is it legal in your opinion. >> because the lawyer said it was legal it did not fall within the anti-torture act. i'm not a lawyer you have got to trust the people around you and i do. we used this technique on three people. captured a lot of people and used it on three. we duaneed valuable information to protect the country. and it was the right thing to do as far as i'm concerned. >> would it be okay for a foreign country to waterboard an american person? >> all i ask is that people read the book and they can reach the same conclusion if they would have made the same decision i made or not. >> you would make the same decision again today? >> yeah, i would. >> bill: from the jump talking points has said in a time of war and that's what we are in against muslim jihadists you would have to do things that you would not ordinarily do. for example abraham lincoln suspended habeas corpus during the civil war. waterboard three high ranking suspects to gain -- knowledge is

logical to save american lives. they have condemned mr. bush making waterboarding alleged torture a major deal. >> george w. bush was lying when he said we don't torture. this not a matter of suggestive opinion. our country executed japanese soldiers who waterboarded american p.o.w.s. we executed them for the same crime that we are now committing ourselves. >> the american government is allowing torture. it comes from the president all the way down. >> anyone that is water boared will admit to anything because you basically keep killing that person. >> it's drowning. it gives you the complete sensation that you are drowning. you give me a waterboard dick cheney in one hour, and i will have him con face to the sharon tate murders. >> bill: ironically president obama has not suspended coerced interrogation of terrorists he just orders it done by

non-americans overseas. the danger from jihadists continue to be enormous and some of these people have to be broken. i don't understand the moral dilemma here. self-defense is self-defense. legally you can kill someone who threatens you and we can't dunk three terror guys in the water? mr. bush makes a persuasive case pointing out those who oppose his policies are entitled to his opinions but they are dead wrong because using waterboarding some of us were certainly most kept alive. that's the memo. now for the top story tonight joining us from reaction governor rendell the democratic governor of the keystone state a few more weeks anyway. i thought that mr. bush remains defiant. he was defiant. he basically told lauer look, no matter what you throw at me, no matter what your facial expression says, i don't care, did i what i had to do and i would do it again. your reaction? >> first of all, i take president bush at his word.

and, you know, i have even though we disagree on a lot of things. i have a great personal relationship with the president. i believe he did it because the lawyers told him he t. was legal. i believe he got wrong advice under the anti-torture act and leaving that aside -- i want to leave that aside. i was district attorney for 8 years and district attorney for 7 years. i worked for the police a hearted tough group. we interrogated a lot of suspects. the problem with using physical force or waterboarding, which is, in fact, drowning, potential drowning, there is no ifs, ands and buts about it. the problem is it produces unreliable information. >> bill: let me stop you there, you are into the theoretical now and i want to stay away from that. >> i'm not theoretical. this is what i know. i was the district attorney. >> bill: i know you everywhere. that doesn't have anything to do with what happened here with president bush with all due respect, governor. listen to me for a second. >> sure. >> bill: it is documented that

khalid sheikh mohammed, who was waterboarded more than 100 times gave up information that led to the capture of dozens of al qaeda, all over the world. so for you to sit there and say and other people to sit there and say hey, it doesn't work, you don't get the information in this case is definitely wrong. so you have to start -- you have to start in reality. khalid sheikh mohammed gave it up, gave it up. the second thing that bush points out in his book is very interesting. khalid sheikh mohammed said to his cia interrogators, look, by putting me in the water, all those times, you gave me license to tell you things because all my religion says is that i have to hold out until a certain threshold is reached and then i can tell you without sin, fascinating part of bush's book. fascinating. there is no question that waterboarding worked in the sheikh mohammed situation. and to continue to hang on to it

didn't is just misleading. >> bill, i'm not saying that it didn't. what i'm saying is in the vast majority of cases waterboarding or physical coercion i know this because i worked -- >> bill: only three cases. concede upon the three cases to condemn the whole administration and whole anti-terror policy. >> not on three cases. you asked me whether waterboarding is a good idea? one it violates the anti-torture statute. the lawyers were wrong when they told the president that leaving that aside, the philadelphia police are tough, tough cookies. and coercion has produced a lot of unreliable information whereas -- >> bill: nobody is suggesting that local police or even the fbi use it but in national security, with thousands of lives in a time of war, you have got to stop the theory and get into it and i think mr. bush's -- himself very well. >> there are other methods of interrogation. >> bill: no there aren't. >> broken. yes there are. >> bill: not in this case. >> if you have talked to someone

who is in law enforcement they will tell thatou psychological interrogation can be as effective and more reliable than physical. >> bill: governor, you know that, this was a matter of you are general'sy. this you are jeans. -- urgency. you came on this broadcast and you bet me that the democratic candidate for governor dan onorato would win over corbett. corbett smacked him and let's roll the tape on this. [ laughter ] >> marshal has it three points and onorato is coming on. >> on the governor's race. >> bill: i will bet you a steak dinner. >> don't count out joe sestak. >> bill: i'm not counting anybody out i'm just hungry.

>> bill: pony up, man. >> there it is. it's yours, bill. $100 steak dinner. >> bill: you have to come with me, governor and ruin your reputation. >> i would be happy to. >> bill: that's the fun of it i want to walk into the capitol grill. you come to new york or i will come to philly and we will do it. >> have a good time. >> bill: i'm going to walk around the whole restaurant six times so everybody sees you. [ laughter ] all right. governor, you are a stand up guy. i thought i might have to waterboard to you get to you pay off the bet but i don't have to thank god. >> no. >> bill: michele bachmann will enter the discussion discussion. does she have any common ground with president obama? the man who attacked bill o'reilly.com, our web site, gets sentenced in federal court. is it legal on the case upcoming.

>> bill: continuing with lead story will the left pull back from the torture issue a poll done by opinion dynamics poll. prisoners that might protect the united states from attacks. 34% oppose and 52% in favor. congresswoman michele bachmann joins us. why do you think the left is so vested in this issue. gerch rendell's argument theoretical. bush is right. he did the right thing. he protected us, he had to dunk these three guys and he did and he got information. and we captured a whole bunch of

really bad, bad people from it could he have gotten it another way? maybe, maybe. okay. but he had guys sitting there he had psychiatrists sitting there he had medical doctors sitting there so, to me, i would have done the same thing. but to hear the left, this is the worst thing the united states has ever done, we're a terrible country for doing it. why? >> it almost seems as though they need to come up with some sort of a case to defend the people who are making this action. the radical terrorist. and here, take a look at the terrorist who have beed haded people like daniel pearl. they don't think twice about that. >> bill: i don't know that that's fair though congressman. i think liberal people are very, very angered at daniel pearl and others. >> of course, i'm sorry. i didn't mean to suggest that. but they are trying to find some sort of a defense here it seems that america is always wrong. america is always the bad guy in this scenario.

>> bill: this is some of that. khalid shake mohammed admitted set one that cut daniel pearl's head off. obama, this might be some of his attitude is that we have brought a lot of this on ourself because we are the bully in the world. we exploit people. this is way beyond. when you talk to liberal people. i don't know if you do or not, they get visibly upset when you mention waterboarding and rendition and all -- abu ghraib i understand. nobody supports that that is insane. those are just ground lings that they were roughing up. these are big killers. and, you know, i guess you are right, it has to do with america. they don't think we are a noble nation. >> that's right. and they continue to take the side that is always running america into the ground. but, there is no commonality between american soldiers and what american soldiers do and tastes who would blow up buildings and kill 3,000 innocent people and then proclaim that they want to continue to take acts of

violence like that forward. there is no moral equality if you will between what our american soldiers are doing and the terrorists. and we need to stand clearly with the side of common sense and national security. the president was only doing what we would expect him to do. had he not garnered that information. had some terrible tragic accident occurred, the president would have been blamed, i dare say, by the same people who are accusing him. >> bill: sure there is no doubt that we had another terror attack that the whole country would have been off kelter and unintended consequences would have been unbelievable. president obama once said he wants to do business with you guys in the house. now that you control. number one, i think we have to give the president the benefit of the doubt that he is going to try. but i don't know if you have anything in common with him. >> well, it's interesting if you look at the interview that the president just gave several nights ago. he says that it was not his policies that the american people rejected.

he said that the people actually wanted him to do more and change more and do it more quickly. i think he is very unfortunately misreading what people have done. where we have k. have common ground i think is with candidate obama. candidate obama was a very reasonable fellow who didn't want any more deficits. he actually wanted to cut people's taxes deeply. it seems. and he wanted to actually cut the costs on health care. that's not happening clearly with his government takeover of health care. so let's take candidate obama at his word, i do. and let's sit down and repeal obama care and renegotiate it. >> bill: he is never going to repeal obama care. >> it will be tough to do. it will be tough to do. we need to renegotiate it based on cost. >> bill: only way obama care in total gets repealed is in the president loses in 2012. that brings me to my last question mitch mcconnell made it quite clear that the republican's main goal isn't working with the president. it's getting him out of there.

do you believe that? >> i think our main goal is to get the country back on a good, sound financial footing. because we can't. >> bill: does that mean the president has to go? >> i don't think the president will survive the next election unless he radically changes course. >> bill: how about you? is it priority number one that he goes or is it priority number one that you work with him? >> no. priority number one is to get the country back on a sound financial footing. that's priority number one. >> bill: you are dodging my question now. priority number one he goes or priority number one you work with him. which is it? >> we work with him if the point is to get the country back to a strong financial footing. >> bill: all right congressman. sorry to give you a hard time. i know you are not feeling well tonight. appreciate you coming on. >> thank you. >> bill: directly ahead the president in indonesia anti-american demonstration led by muslims. john stossel says affirmative action is bad and stossel uses cupcakes to make his point. those reports after these

messages.

>> bill: barack and a hard place segment tonight, as we reported president obama is being confronted about jihad and questions muslims relations with the u.s. in indonesia it went this way. >> how would you assess your outreach to the muslim world at this point in your presidency particularly in light of some of the controversies at home. >> with respect to the outreach to the muslim world, i think that -- our efforts have been earnest, sustained, we don't expect that we are going to completely eliminate some of the misunderstandings and mistrusts that have developed over a long

period of time. but we do think we are on the right path. >> bill: with us now balk b.a. iraq and -- barak and hard place. that was gobblably gook. >> it was thoughtful. >> bill: thoughtful my butt. he just basically wants to stay away from the muslim problem in the world. brit hume and i talked about it on monday. it's not a dumb political move by any means. it's a smart political move because you don't want to exacerbate a situation that is deadly. you don't want to give these people anything. i got it but, at the same token. it seems weak. it seems weak. >> i think it seems the opposite. >> bill: asked about jihad and he said jihad has a lot of means. >> it does. how do you know? are you inside her head?

>> bill: stop. if you don't think she meant that you are crazy. >> he gave a thoughtful correct answer jihad means more than one thing. those extremists it means holy war. >> bill: that's not what the woman wanted to know. india is under siege bisek tarren violence between muslims and hindus. that's what she wanted to know. >> he is talking about the fact that we are not going to go on the extremists and play that game. we are not at a holy war with them. he said jihad can mean different things to different people. that's what he said. it was a thoughtful accurate answer. >> bill: what do you say. >> could i disagree, please mr. o'reilly. suddenly the great communicator mr. obama is the great stumbling when he is asked questions about islam or violent jihad. >> bill: i want to point out this is the number one topic in all the countries he has been to. >> of course. >> bill: indo-syesha itself is under siege by muslim extremists. >> correct it's a life and death issues. we talk about a lot of serious things on this program, the economy, the unemployment rate

none of that matters if we are dead. the violent jihad the united states and the west of the rest and also muslim countries like indonesia and like india which has a huge muslim population is facing is the number one issue. that woman gave him a very pointed question. >> bill: this is the india woman. >> right. here is obama's problem. he has defined this war strictly in the terms of al qaeda and the taliban and, granted, they are the most direct, immediate, and urgent threat that we face with a violent jihad. but he has not talked about the broader ideological problem that we face and the koran command to violent jihad. >> bill: he never going to talk about that i will get to that in a minute i have one more question. >> let me button this up. he talks about this war specifically in geographic call terms meaning afghanistan, iraq and elsewhere. >> bill: he doesn't include iran in this. and iran is a muslim heck to theek theocracy. >> >> you are obama now. >> do i have to be?

>> bill: yeah. if you are a tough guy going i'm going to kick their butt tired of jihadists and alienates a lot of people words get twisted around hurts the u.s.a., am i correct. >> yes. but he doesn't have to give that kind of an answer. he can give a direct answer about the nature of the threat and the threat doctrine that this enemy abides by. the koran of command to violent jihad. he can give a very honest answer about the nature of the enemy we are facing in the west and muslim countries without tap dancing around the truth. >> we are avoiding the real issue this is a guy who more than george w. bush's last year killed more insurgents. predator threatens drones. whatever he said in a political setting like that's pointed out he gave the right political answer in a muslim country where he said what he needed to say. >> bill: i'm not saying that was the right answer. i'm saying i understand what he did. here is what i would do. >> let me finish. >> bill: okay, fine. >> he has had great success killing terrorists. killing jihadists. >> bill: he can't say that. he can't say listen, lady, if

you ask another tough question like that i'm going to drop a drone on your head. >> he has dropped the drones. that is key. >> bill: that is a plus in his category. he has not been able to mobilize the world against the jihad threat. he hasn't. he hasn't mobilized them in iran. he hasn't mobilized them to fight the taliban, our allies are bailing out. he hasn't been able to do that, colmes. that's key. >> he has done it -- in terms of -- >> bill: he has done it? >> in that moment at that country at a time when he is there. >> bill: i don't care where he does it, but he hasn't done it? >> at that exact moment, i don't think so. >> bill: this is what i want everybody to understand, the president has failed to mobilize the world in the struggle against the muslim islamists. he has failed. >> remember, when he was campaigning he was known as the great communicator and he had great powers of persuasion. he got a center right to elect a far left guy as president. you would think he would be able to use those powers

perspectivively to mobilize a different and honest conversation about the nature of this threat. >> making him t. sound like a holy war to. bush's credit he was very clear we are not in a holy war. >> the enemy calls it a holy war. >> bill: i don't care about that. >> important to understand that. >> bill: what's important is we get nato forces to help us defeat the taliban. we can't get them. we get a world to help us stop iran from getting the nukes and we can't get them. that's important. write it down because those are the two most important things and they aren't happening. >> that was not the time to talk about it. >> bill: plenty more ahead as the factor moves along this evening. john stossel opposes affirmative action. has interesting way to of making his points cupcakes. getting naked at the airport. ç@ll body scan security deal

>> bill: personal story segment tonight one of the rising politicians in america is chris christie a tough guy bent on cutting government spending. because of that the governor has

a number of critics including marc lamont hill. >> it's that poor politician. he does not have the body type to win. i mean, there are other issues. >> look at that nobody wants to vote. >> people still vote on appearance? >> yes. >> i'm sorry? [ laughter ] >> we're like look at sarah palin. >> bill: with us now is dr. hill who teaches at columbia university. he doesn't have the body type to win a national election? >> yes. >> bill: does the name grover cleveland, william taft? does that mean anything to you. >> do the words 24 hour cable news, internet, celebrity reality mean anything to you? >> bill: kristi is a hefty guy so what. >> much more interested in body type we wouldn't have elected him in a wheelchair would we. >> bill: i think you are dead wrong on this. christie if he does a good job in jersey and 52% approval right now for his first year in office, the people don't care whether is he a hefty guy or not.

they want people who are honest and who are effective. i was surprised when you said that because you are usually misguided. you usually have guided some sort of realism. >> this is grounded in realism. elm pier call studies support. this taller and thinner candidates win. >> bill: i would be president of the united states i'm 6'4" look at me. >> that's my point. do you think you would have a top rated cable news show? >> bill: can i name people who are not as devastating as i am who do have their own programs. >> right. but no one does the numbers do you and it's because you are so damn good-looking. we can agree on that, right? >> bill: sure. i don't think there is any doubt about that. and it does cut across ideological lines both liberals and conservatives agree with you on this. you have your own indicated program right now, right? and you are a midget. >> i have heard that. >> bill: we play with the camera. here is the point tall guy. much. >> bill: tell me the point. the american people unfortunately still rely on very shallow criteria sometimes. i think your record and ideology

are primary it is still a demerit to be overweight. it is still a demerit to be older. >> bill: i don't buy it i think the so fed up with shallow garbage that they are looking for problem solvers and christie has impressed me and i'm not easy to impress. >> he impressions me too. i don't agree with him but is he a great politician. >> bill: is he a strong leader and he establishes for something. >> is he a nice guy. i have met him. >> bill: you can't push him around because is he hefty. >> no one pushes him around. president obama looks like in loafers to people. that troubles him too. >> bill: it was an unbelievable shallow thick. >> it wasn't shallow. this is where conservatives like to twist my words. i like to talk about getting rid of spin, okay? the point here is i'm not saying they shouldn't vote for him because is he overweight. >> bill: you say saying that's your perception. no one wants a president who smells like bacon when he runs up the steps. no one wants someone who looks unhealthy. would you want an attorney general who looked out of shape? >> bill: if he solves crime.

>> i mean surgeon general. >> bill: if they had the right policy and effective. >> most americans aren't as as sophisticated as you. >> bill: that's not true. i'm least sophisticated. i haven't talked to you since the election. you are a self-admittedly a very far left man. you understand that what you believe in isn't ever going to happen here in america in our lifetime i think some liberal people, liberal americans were shocked at the extent of the president obama's administration. you weren't shocked. you knew it was going to happen. >> when people don't have jobs and economy is crumbling and tough economic moments, i think people have a problem with extremism on any part of the aisle. people perceive him to be to the extreme left. >> bill: tea party tea party did okay. >> they did okay they weren't the. >> also the tea party didn't just challenge liberals.

>> bill: i will disagree with you. >> let me finish the point. >> bill: they challenged the establishment. you saw it in germany and saw it in the czar in russia. >> the american political system disawnt lou that. >> bill: no it doesn't and thank god. why are the states of new york and california so i hate to use this word disconnect to the rest of the union? do you know? you work here in new york. >> yeah. >> bill: why? >> i represent a unusual sense of new york crowd i'm on the extreme left in new york at extremely liberal university. the weather service coast and -- east coast not out of step. people in middle america have the same volumes. people do want health care and want to end the wars. >> bill: have you massachusetts, delaware, maryland, you have new york, you have california washington state, these are liberal enclaves.

do you know why? >> i think there are enclaves of liberalism throughout the. >> some of that is true. some had to do with the candidates on the ballot. jerry brown was much more desirable candidate. barbara boxer. >> bill: barbara boxer was more desirable. >> she had a tougher time. >> bill: she won by 10 points. >> tougher case. >> bill: would have lost in 45 out of 50 states. do you think barbara boxer is a popular senator. >> i think barbara boxer could have won the election in multiple states. candidates across the nation have troubled records. >> bill: you are not going to answer my question. i know don't agree with the premise. >> it is possible that you ask a question with a faulty premise. >> bill: harvard couldn't give me answer when i asked the same question. if you know why new york and massachusetts and california detached from the rest of the country email. don't put on any weight. you and i are working out. >> let's work out together. >> bill: i don't want to get you hefty and have to toss you off the set. full plate for the ladies

tonight. airport body scan, sharia law and the guy who attacked bill o'reilly cot come sentenced to prison. is it legal is next.

>> bill: thankthanks for stayinh us. i'll bill o'reilly in the is it legal segment tonight, three hot topics. get to attorneys and fox news analysts kimberly guilfoyle and lis wiehl. full body scan at the airport. i have a bunch of simple questions because i am a simple man as you both know. number one, say you don't want to go through that machine. >> right. >> bill: do you have a plan b? will they give you an option? >> in most airports you can say i don't want to have that x-ray where you can see they can see every little last thing of you. any broken bones they can see that you can have a pat down by a person of the same sex, so a woman patted down by another woman. >> bill: you can opt out for the

patdown. now, they also, i understand, when they are looking at the full body scan machine, it's the same sex looking at it. >> right. bill that's what it is supposed to be anyway. >> bill: also understand immediately after you pass through the machine it's deleted, is that true. >> that's supposedly true. >> bill: all of those things are subject to. >> of course, mistake, human error. maybe a woman calls in sick a guy calls in sick. they have got to have somebody else there. >> bill: legally then, guilfoyle if you say, look, i don't want either of these two options, you can't fly? >> well, yeah. and really stop complaining. people should understand this is a threat to our national security. -- >> bill: the federal government has a right to say if you are not going to do either/or, you are not going. >> absolutely because they have provided less intrusive means for you to go through and you do the pat down. >> bill: the pat down is pretty intrusive a pilot punched out

some guy because the guy was grabbing him, i guess. i would rather have the machine than the pat down. i don't want to be patted down by lenny. i'm sorry. >> rather have the x-ray. >> bill: right vinnie or lenny patting me down i would rather hitchhike. i don't want them patting me down. >> go through the machine? >> bill: i will. i don't have any problem with the machine. >> no fourth amendment right here. search and seizure the supreme court has ruled on this. take the pat down or the x-ray. >> bill: go through the body scan you get patted down or you hitchhike. >> right. it's a small sacrifice to make. let them see you rather than having a plane get blown up. >> easy for you to say guilfoyle. >> i have nothing to hide. scan me. >> bill: guilfoyle, a judge, muslim guy sued muslim said no to sharia law and international law as far as its impact in the state of oklahoma. they voted. it was a proposition. and they said.

no and this judge said, you know, this muslim guy may have a point so i'm going to stay it. this is all theater to me. it doesn't mean anything. but what was her rationale? >> ultimately she is saying look, we have to look into whether or not this is violating their rights or persecutes a certain religion, i'm going to issue a temporary restraining order and it's going to be stayed until november 22nd when i will decide if a permanent injunction should be issued banning this amendment. >> bill: once again overturned the will of the whole state. >> absolutely. legislating from the bench. >> overturning it. all she has said so far i'm going to wait until november 22nd and i'm going to have a hearing on whether international law can apply. let me tell you, justice roberts at his confirmation hearing talked about -- >> bill: you said there was some problems with the proposition the way it was written because of the international law thing. >> that's right. >> bill: i don't like the one judge overturning the rule of the people.

>> sorry. >> bill: a few years ago a hacker tried to bring down bill o'reilly.com. cost us a lot of money did, a lot of damage. he was caught by the fbi after extensive investigation, wiehl. in federal court he was sentenced to what? >> two and a half years. 30 months of federal time which is hard time. and in three years of supervised release after that it's a very strict punishment, in my estimation for hacking into bill o'reilly.com. >> bill: why did he get strict punishment. >> the guidelines were 10 to 16 months. what he did was fatal flaw was he lied to the pre-sentence report officer. the person writing down everything that he is telling him to write -- put this report together for the judge. he said, you know, i was working at stanley steamer cleaner. >> bill: put himself off as a pillar of the community. actually a university of akron guy, right? >> sad case. 2-year-old guy. got a baby. >> bill: not sad. is he a pinhead. how did he lie. >> he lied in the pre-sentence investigation report. he said he was working stanley cleaner. he was. >> operating a business and making business.

he was afraid to tell the probation officer, yeah pot. >> bill: he was a pot deferral. >> sympathetic about this at all. >> bill: i would have given him 10 years. >> behind him behind bars. >> guidelines were 10 to 16. >> bill: you didn't want to say that wiehl. you should be ashamed of yourself. not only was the guy a hacker trying to bring down bill o'reilly.com. he is selling drugs at the same time. so, good, he is going away for 30 months. >> i was afraid my probation officer -- >> bill: afraid? got to pay us $40,000. >> we get a share of that? no i give everything i get to charity. the charity is going to get a large portion of that 40 grand. >> that $40,000 don't be waiting for the check in the mail. >> doesn't allow people to get the charitable money that they want. >> bill: why shouldn't i wait? isn't that check in the mail. >> that neck is not going to be in the mail for a long time. >> it might bounce. >> bill: because he doesn't have any money. >> we are dealing with a criminal here. >> bill: where did he bury all the pot money. >> maybe he smoked it. >> in the backyard.

get a warrant. >> bill: thanks very much. john stossel doesn't like affirmative action. he will use his point using cupcakes. arnold schwarzenegger, is he a pot head?ñ÷

>> bill: back of the book segment tonight, stossel matters is coming thursday. our pal john has a program which he criticizes affirmative action using cupcakes. >> this week in a manhattan mall, i held a bake sale. a racist bake sale: we have different prices here. if you are asian a buck 50. if you white a buck. if you are latino or black, 50 cents. >> that's not right. >> you have got to be out of your doggone mind. >> i'm trying to make amends for racism. and punish the asians because they have an advantage, they have such high sat scores.

>> that's not true. >> bill: here now that sweet guy john stossel. you were torquing everybody off in the mall. isn't that nice. >> look, it's not that i was so much against affirmative action. i think we ought to be able to discuss it. and at some schools students try to have these affirmative action bake sales. >> bill: to make a political point. >> to satirize or at least make people think about affirmative action. >> bill: made the administration furious. >> at buck nell they shut it down. >> bill: your point is you have got a little menu over there. >> die. >> bill: your point is this. you had the cupcakes in front of you if you were an asian person you had to pay 1.50 for the cupcake. a white a dollar. latino or black 50 cents for the same cupcake. >> basically that's what the affirmative action does. your sat scores have to be much higher if you are asian to get into the same school. look, if a school wants to do that voluntarily a private

school, fine, it's their business but government -- >> bill: they should say that. >> they should say that. >> bill: if you have different standards for different groups and you are a private school, that should be in your brochure. >> and a more sensible standard would be to say we favor people who are poor or haven't had the same advantages. it shouldn't all be based on race there was a time when these laws were passed where affirmative action meant take affirmative steps to compensate people for government-based segregation that used to exist. but we're way past that. >> bill: the affirmative action now that's in play, it basically the philosophy is, listen, if a minority, because that's where it's directed, if a minority scores a certain level, because of the disadvantages that is inherently in their culture, it's really they are scoring up here so we are just leveling the playing field. >> but, in some cases that minority person is a rich american kid whose parents are educated. doesn't need the help.

>> bill: it's impossible to do any kind of affirmative action on individual basis. you have to always do that, right? >> i think you can do it on the individual basis. have socioeconomic affirmative action. >> bill: i was just going to say that i would do it on a poverty line deal. if you are below a certain poverty line then you get a certain point system that you are -- a different point system. i would be upfront about it this is harvard university we're going to try to recruit poorer people in here. if your parents earn below $40,000, this is your standard. if it's above 0, this is your standard, whatever. and you will be okay with that. >> sure. and some schools do that the university of california. the university of washington, why not? that's fair. >> bill: you don't want the race-based thing. >> i don't. and mostly what my show is about is political correctness. in fact, i take you on. >> bill: uh-oh. >> because people are so timid about offending anybody, even

you. you use seven syllable word when a one syllable word would do. >> bill: give me an example. >> african-american. >> bill: i shouldn't say it? >> television we count every second. what's wrong with the word black. >> bill: i'm trying to diversify my speech. if i have to say black i say it if i want to use another description i don't want to be repetitive. why does that offend you african-american? >> it doesn't offend me. cringing feeling i better use a word that i think. >> bill: do i look like a cringing feeling kind of guy. >> you use african-american. >> bill: because i don't want to be repetitive stossel, you pinhead. you bring me into this pc debate because i'm trying to do good writing. >> i don't think it's jesse jackson said we should use african-american. and you follow along meekly. >> bill: all right, stossel. what a prop began diss. pinheads and patriots in a moment tonight starring arnold schwarzenegger and marijuana. right back with p and p.

i'm hugh jidette. i'm running for president. if elected promise our 13 trillion dollar debt will double, maybe even triple. i'll continue to ignore our spiraling i'm hugh jidette and i say borrow like there's no tomorrow.

>> bill: pinheads and patriots ahead. tonight starring pot and governor schwarzenegger. first factor facttoids. friday i'll be in florida at the barnes & noble palm beach gardens, 7 p.m. hope to see you there. beck and i will be in new orleans december 3rd. dallas december 4th.

the fox nation website has a new design please check that out. the christmas store is open featuring top of the line gear and books all proceeds go to charity. now the mail. >> the reason president obama avoids talking about jihad is because he believes the u.s.a. has brought some of the muslim hatred on itself. before molly saw congressman bachmann's analysis so they are close. >> after watching the president for two years i can't make out what really stands for. >> if the real obama would reveal himself it would scare the pants off many americans. >> bill, i think your comments about president obama and jihad were unfair. it is a complicated subject. >> i am conservative but think the president's handling the

jihad question well. >> you were a huge hit on maher's show. you are winning them over one liberal at a time. >> never before has bill maher had his hat handed to him like that. and he didn't even have a hat. >> you are wasting your time dealing with maher interview a potato it will be more stimulating. >> i heard you say you would raise his ratings, you are right you did. signed copy of pinheads and patriots on the way. finally pinheads and patriots tv. as you may know prop 19 in california which would have legalized pot lost big last week. >> i think the laws that we passed they were good. makes it from a misdemeanor to an infraction which is like a speeding ticket. no one cares if you smoke a

joint or not. this proposition 19 went a little bit too far. >> bill: is the governor a pinhead or patriot for those comments? we asked you whether conan o'brien was a pinhead or patriot? there you go. that's it for us tonight. check out the fox news factor website different from billoreilly.com has the talking points memo on it. we would like you to spout off about the factor from anywhere in the world. we got a letter interest tansmania. oreilly@foxnews.com. name a town if you wish to opine. when writing the factor, please do not be autocratic. has nothing to do with cars. don't do that when writing to the factor. thank you for watching, i'm bill o'reilly.

please remember the spin stops right here, because we are right here, because we are definitely looking out for you. >> good morning, everyone. it's wednesday, november 10th. i'm alisyn camerota in for gretchen this morning. the air force, navy and pentagon say they don't know what this mysterious object is. don't worry, it's not a threat. this morning, a possible explanation. do you buy it? >> well, it's going the other way. >> that is a relief. >> meanwhile, president bush opening up about one of the hardest decisions he ever made on the day that changed the world. >> i had the sickening feeling that, you know, we may have shot down a commercial airliner. >> oh, man! more from an emotional president george w. bush on his decision point. >> ok, pledge of allegiance to the flag of the united states of america. you know the rest. but kids at one school may not beca