>> bill: hi, i'm bill o'reilly. thanks for watching us tonight. president obama launches his immigration campaign. that is the subject of this evening's talking points memo. today the president went down to el paso, texas, to urge americans to support his vision of immigration reform. mr. obama outlined his plan, secure the border, find business if it hires illegals, find the illegally themselves. and require them to learn english before they can apply for citizenship. responsible plan with one huge flaw. the border. here are the dreadful stats. according to the pew hispanic center there are now approximately 11.2 million illegal aliens living in the u.s.a. they comprise about 5% of the labor force in the country. according to the government accountability office, in 2010, authorities detained an astounding 445,000 people. illegally crossing the mexican border. texas senator john cornyn says 59,000 of those came from countries other than mexico. some in the middle east. as for narcotics the border patrol seized more than 4 million pounds of drugs coming across the southern border last year. 4 million pounds that is unbelievable. but here's the worst part. almost 10 years after 9/11, only 650 miles of the border are fenced. that's 65 miles a year. 1300 miles of border remain open. and the feds don't seem to care. also, there are only 1200 national guard backing up the border patrol. so, of course, of course you are going to have millions of people coming in here every year this is acolosal failure by the federal government. a disgrace. president obama should know by now that immigration reform will not pass until the border is secure. and right now it's not secure. in fact, the obama administration is cutting $26 million from the border fence program. i know the country is broke, but that's not the place to save money here's solution, expand and complete the fence. put at least 7,000 national guard on the border. mostly in the hot sectors. if mr. obama would do that, i think the other stuff would pass. but, instead of pushing hard for border security, mr. obama is playing politics and criticizing plans like mine. >> you know, they said we needed to triple the border patrol. well, now they are going to say we need to kwame the qualm the border patrol or want a higher fence. maybe they will need a moat. maybe they will want alligators in the moat. [. [ laughter ] they will never be satisfied. >> bill: not true for talking points. secure the border, mr. president, i will back the reform. that's the memo. now for the top story tonight, congressman louis gutierrez from illinois has strong opinions on immigration reform. he joins us now from washington. where have i gone wrong, congressman? >> i think number one, bill, we have doubled the number of border patrol agents, number one. number two, 600 million additional dollars excluding the fence just last september. we did send 1200. actually, those coming undocumented illegally into the united states across that border are getting caught and sent back. fewer people are actually entering. the problem is, bill, there are hundreds of thousands entering illegally not through that border but airports and other ports of entry into the united states with student visas and tourist visas with temporary workers visas and remaining of the 12 million undocumented workers, about a third of them have nothing to do with illegal entry to the united states. >> bill: i'm not going to argue with anything you just said. i think the border patrol is doing a great job. >> they are. >> bill: they tell me for every one they catch three or four get in. so 450,000 they caught, do the math. that's 2 million coming across the southern border. now, as far as the visas are concerned and all of these other things, i think we have to have tamper proof ids. >> i agree with you. >> bill: that's the way to get around that. >> i agree with you. >> bill: look, president obama, you, me, we're all in the same team here. i think most of our viewers are on the same team. >> so why don't we. >> bill: solve this problem. but, number one, you have to secure the border and right now the southern border is not secure. it's not secure. >> okay. if it were the only point of entry into the united states, i would say okay. but it isn't the only point of entry. >> bill: but it's the big one. >> if i could, just a moment, bill, because i think we're going to be in agreement because you talked about tamper-proof. you are right. my grandpa got a social security card, my dad, i, my daughter ntd, and now my grandson. same little flimsy piece of paper with a number on it we should be able to put biometric information on there and have a national registry. the same way we go to an atm yes, you got cash and yes have you got a job in america, once you enter that into a system, fine, we all agree. let's do that as part of comprehensive immigration reform. because people can't come here and get the jobs. they will stop coming, bill. >> bill: we are not arguing that. president obama's weak point is. >> have you got to stop the magnet of people wanting to come to the united states. >> bill: i don't think you are ever going to stop that magnet going on what's going on in the rest of the world, people are going to want to come here. >> think about it for a moment. we are going around in circles. if you want people to come here and register legally to work in the united states, we're going to need more workers anyway. he. >> bill: that's true. we're going to need a transparent mechanism to bring workers legally into a transparent system into the united states. let's work on that system. in the interim let's do that. >> chew and walk at the same time, to so you can. have the tamper proof card. you still are not engaging me and neither is president obama on the border. there is no reason on earth and if there is one you point it out, why we can't have 7,000 guard on the border back in the border patrol. no reason on earth. we have the personnel. they are sitting there. they can be moved down there. and we can do it. that stops an enormous amount. look at the narcotics. look at the 10 million pounds of narcotics. >> couple of things. a couple of things, bill. number one, you want people to come here in an orderly fashion, following the law. in order to do that, you have to make it impossible for them to arrive here and to gain employment. in order to do that. >> bill: you are dodging me. you are dodging me, congressman. you are using -- you are usually a guy who doesn't dodge. every time i mention the border and the guard you go to something else. you are dodging me. >> if i could, i am with you. >> bill: where is the 7,000 guard? >> let me get to your point, so when i sit down with the head of the border patrol, which is the chief, he says i need all these other elements, right? in order to make sure that people won't cross. i need a legal mechanism for people to come to seek those jobs which they are available in the united states. >> bill: you are dodging me, congressman. >> and, therefore, it will allow me to take the border patrol that i have, enhance it and use it better. bill, i have got to till, i'm going to tell you right here on your program, if it's going to take 7,000 more border patrol agents. >> bill: guards. >> guards. >> on the border than let's do it. >> bill: all right. so you are with me on that. president obama has got tone gauge the border. stop with the moat and alligator. it's clever. it doesn't solve the problem. i will give you the last word. >> bill, there are millions of people, there are soldiers who are going to war in afghanistan. their wives order of deportation. american citizen children moms taken away. kids are going to graduate. graduating class valedictorian they are undocumented. they have been admitted to some of our best schools. can't we find a way we can help them? >> bill: let's secure the border. >> that's what i would like to do. because i think -- i think that the that's the america you and i want to work on. take 7,000 more, i will raise it. >> bill: it takes more -- it takes a bigger barrier and better constructive fence and takes the guard backing up the border patrol. if that would happen, most americans, you and me particularly get behind this reform and make it happen. congressman, always a pleasure. we have update on the city of fran refusing to cooperate with the feds on illegal aliens. wait until you hear this. alan colmes took a beating last week over coerced interrogation. he has more to say this evening. brawl breaks out on the stossel program. >> i know how are. you are some guy hollywood, son of a rich family. never worked for a living in your life. >> not true. >> you go around making fun of poor people. >> bill: coming right back. that's good, right? good job. years ago, my mother taught me. and over the years, i've taught my family. we've created so much here together. so when my doctor said that over those years my high cholesterol was contributing to plaque buildup in my arteries, i listened. and that's why i'm fighting my cholesterol with crestor. 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[ male announcer ] to get the flights you want, sign up for a venture card at capitalone.com. what's in your wallet? uh, it's okay. i've played a pilot before. listen to this, the united nations was actually thinking about nominating syria to be on the human rights commission. yes, that syria, the same country murdering its citizens in the streets right now today the u.n. backed down they got wind we were going to do the story tonight. also alan colmes coerced interrogation part two. here are the hard place duo. let's get the thing out of the way. there are also some u.n. pinheads who get paid nice salaries, live large here in manhattan, criticizing the bin laden raid, why are they doing that? >> potentially illegal. violation of international law, o'reilly. this is all more theater of the absurd coming from the united nations we did violate pakistani sovereignty. >> i'm wondering if the united nations ever raised this question about violation of international law when al qaeda hit us on 9/11. no, no such questions were raised over that this institution is the most anti-american, anti-israeli, anti-freedom institution in the history of the world. they are sitting there in judgment of the united states, while will allowed syrian's application for the human rights council get as far as it did. today they backed down. replace syria's application with kuwait's because kuwait's human rights record is so much better. >> bill: believe me, kuwait is a lot better than syria. >> still non-democracy. syria, which for 30 years has had an incredibly mass murdering oppressive regime. >> bill: human rights commission. >> not only cuba, still sits on the human rights council but saudi arabia. russia and until a few weeks ago libya. >> bill: colmes, can do you. >> most anti-american organization ever. it's not supposed to be a pro american organization. it's a pro world organization. i agree with you about syria. kuwait is appear better source. they should not be on the human rights council. >> bill: what about -- >> you should have to earn the right to be on that council. we all agree. >> bill: why do you think, colmes, the u.n. does put cuba and russia and libya and -- >> all this kind of pressure with kuwait stepping in and syria backing off. a lot of pressure on -- >> bill: why do you think. >> fair and balanced organization. >> come on. >> they are looking to give equal voice to all -- >> that's hilarious. >> i'm not defending. >> bill: cuba throws political prisoners in jail. >> mr. o'reilly. >> bill: to be fair? >> mr. o'reilly, once again, i'm being misrepresented on this program. >> bill: by your own words. >> no, i didn't say it's good to put them on the commission. i said they should not be on the commission unless they earn the right. >> bill: why are they being put on the commission. >> i don't speak for the u.n. >> bill: you don't know. >> i don't know. to call them the most anti-american organization ever, they are a place for the world to go and hash these things out. it's good we have. they diplomats pay parking tickets we would solve the budget crisis in new york. >> the united states has been the biggest force for good in the world united nations almost never sides with us, ever. period. >> it's not their job to necessarily side with us. bill billing isn't it job to sign with forces of good. >> yes. that's why syria is being forced out. she just pointed out they never side with us. >> it's not true they never side with us. you are making black and white statements that are not accurate. >> absurd. >> bill: colmes, i'm going to give you a minute. >> i want to say one thing. you and rumsfeld had a lot of fun at my expense every segment juliet huddy. everyone on wednesday's show took a shot at me. >> bill: goldberg took a shot at you. >> that's like saying the sky is blue. left a few people out. the truth is, here's what upset me the most. we could agree or disagree we will continue to disagree on many many things particularly torture. for you to say that i care about more about ideology than truth is an unfair slap at me and i will accept your apology because i am not an idealogue. clearly have left leaning positions but simply to say the truth doesn't matter as much as my ideology is not a fair thing to say to me. >> bill: here is why i said that i'm not going to apologize because i base it on facts. we ran in six primary sources ran them down in the talking points memo last monday, last tuesday, six primary sources, one of which was the current cia chief pa net attachment now, you rejected all of that all of it you rejected. >> no and i will tell you why. >> bill: you don't have to tell me why because you already told me why. >> did not link bin laden to torture. >> bill: if someone rejects six primary sources on the record as saying the information we received under coerced helped us, then they don't have really anything else to counter that. kool-aid drinker. >> the truth is, to be fair. >> bill: yeah. >> we don't know what led to getting bin laden. we don't know if enhanced torture did it. jeff brennan counter terrorism official for barack obama said it didn't help. he is the counter failure -- in the current administration that got bin laden. why should we discount what these people say. >> bill: had you three cia directors saying it? >> bush people who are defending the legacy of george w. bush. >> panetta did not say interrogation led to getting bin laden. he said it happened but he didn't link it. >> bill: do you think i treated your brother-in-law fairly. >> now i'm put in the box the host and the brother-in-law. >> stick her in water. you don't have to answer. >> bill: when did you become the host of the show? >> bill: of course she has to answer. answer. >> i'm taking the fifth, o'reilly. >> bill: are you going to take the fifth. >> blood is thicker than water, crowley. >> host of the program. >> bill: wait a minute. >> your career is more important than your love for your brother-in-law? >> you know what i'm more comfortable talking about? waterboarding. >> bill: you are not going to answer the question. >> i will tell you, the dinner that i'm not going to have with her ever again, you and rumsfeld owe me dinner now. >> bill: we said we would buy you lunch. we are not buying you dinner. no way. >> i think you aggressively questioned colmes. colmes was wrong. >> he beat me every on every segment following show. >> enhanced interrogation techniques the evidence is clear. >> bill: was i unfair to him? >> you were aggressive in your questioning. >> bill: okay. there you go. monica crowley and alan colmes. >> i love you both. >> bill: directly ahead, verbal brawl breaks out on the stossel program over some black americans suing the government. is it legal on the state of california telling a town it cannot display the american flag. are you kidding me? those reports after these messages. 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who are you? making fun, making fun of people who had the guts to take cases against the government which is hard to do. >> screwed over the black farmer. it screwed over the black farmer. >> wait a minute. >> nobody is making fun here is he making a serious accusation. saying you pulled off a multi-million-dollar scam. >> really? none of the judges in the federal district court in washington or court of appeals were looking. no one is paying attention. you make it sound like you know something somebody doesn't know. you don't know anything about farming and litigation. you are some gadd fly from hollywood. i looked you up, you are some guy. >> doesn't know ohio was now he does i know you are are. gadd fly from hollywood, son of a rich family. never worked for a living in your life. >> not true. >> you go around making fun of poor people. you go making fun of indians and blacks and hispanics and women. i'm not putting up with it i feel badly for you. you are a sad, sad person. why don't you get? a job? come out and help us. >> you are not helping any farmers. you created the attempted farm -- there is no such thing as an attempted farmer. >> who doesn't have a job. get a job sir, will you please? stop making fun of my clients. >> john: here now john stossel. the personal attacks launched by that lawyer. usually people who do that have lost the argument. >> i think so and the clip you played was mostly him smearing breitbart. that was most of his answer to breitbart's accusation. >> bill: what exactly is breitbart's accusation? >> the accusation is that, yes, there was discrimination in the agriculture department. this lawyer is enriching himself and his compliance by getting a settlement out of the government. 2 billion of your dollars has been paid to people who say they tried to get a farm loan and couldn't get it. >> bill: $2 billion has been paid? >> more than $2 billion is being paid. >> bill: this is ongoing litigation. >> on with the settlement. agriculture department says oh we are sorry we will pay out. >> bill: 2 billion. >> i understand people who never farmed in their lives got some of that money because they thought about farming. this are no records in many cases. people are being told just say you tried to farm if they have no proof, 50,000 bucks. how much did the lawyer on the program how much did he get. >> that's another reason why i don't trust him. he said i lost money on this case earlier he told me he made $10 million. another lawyer who represented these farmers made 4 onto 50 million. which we deserve they say. i think they are ripping off the taxpayers. >> bill: gets into the sherrod stuff and all of that did breitbart bring his game? because we couldn't run the whole show. this wept on for a long time. this back and forth. did he have the goods to put this lawyer down that there was a scam? >> well, put the lawyer down? that suggests that there is some illegality going on. >> bill: wasn't any illegality? >> i can't prove that. >> bill: just that the department of agriculture folded? >> right. and now. >> bill: bush administration. >> yes. they tolded under the bush administration. glickman. and now they are paying all this money to people oh, yeah. i tried to farm. i i would like my 50,000. all kinds of accusations of fraud. >> bill: breitbart thinks that guy is a crook. right? >> right. based on how he kept changing his story, i wouldn't trust that lawyer either. but he is making money. like a lot of these lawyers do. >> okay. now, in the situation like this, where you have a class action suit against the federal government. the federal government usually folds. but in this case you say there was some evidence that they denied loans, legitimate government loans to people based on the color of their skin? >> yes. and this is another reason, why is the government giving out farm loans in the first place? >> bill: affirmative action, isn't it? to try to help people in certain areas, comes under that banner. >> agriculture department pork. go to a private bank and get a loan. if a bank is racist. they lose money to the bank that isn't racist because they get the good business from minorities. the government was giving out the money. and some of the loan officers were racist. >> bill: we know that how? >> from testimony that came out that led the government to say okay. we pay. >> bill: we don't want anymore. >> first a billion and then, whoops, some people filed claim they appropriated another billion dollars. >> bill: unbelievable. stossel thanks very much as always. we appreciate it big is it legal segment tonight. san francisco says it will release criminal illegal aliens, even if the federal government tells the city not to. also, the state of california tells a small town not to display the american flag. we're investigating. and we hope you stay tuned to those reports. 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[ male announcer ] hurry, join for free today. weight watchers online for men. nally, losing weight clicks. >> bill: unresolved problem segment tonight, what to could about the war in afghanistan. in the wake of the bin laden raid there is new polling according to rasmussen, 35% of americans now want u.s. troops to leave afghanistan immediately. 21% want to bring the troops home within a year. just 330% want to keep u.s. forces there without a timetable. and 15% don't know what they want to do. joining us now from washington, fox news political analyst charles krauthammer. first of all, charles, what should we do? what should the united states and nato do in afghanistan? >> well, this may surprise you but i think the original obama policy of putting us on a clyde path to turn it over to the afghans in 2014 is just about right. i hope obama will resist the temptation to use their great success in the bin laden operation and the political advantage it gives him to want to give us a precipitous withdrawal, in part, perhaps, as a response to the polls. and get us out in time for his re-election, which i'm sure would help him but would not be good for the long run. i think he may resist that. >> bill: the latest information we have from the obama administration is they plan to withdraw 5,000 troops this summer and another 5,000 by the end of the year that will still have 100,000 u.s. troops there. >> that's right. >> but, look, 56% of americans don't want this anymore. and i understand. i absolutely understand. 10 years is a long time. and if the afghans after 10 years can't defend themselves against an enemy they despise because all the polls in afghanistan show most of those people despise the taliban there. they don't want them back. they can't or won't defend themselves and karzai is a corrupt guy and our guys are dying and we're spending billions, hundreds of billions of dollars defending a corrupt guy karzai. you can understand why americans want out of there. >> i do absolutely and i agree with all of that except for one thing. i think we're looking at the afghan pakistan relationship wrong end of the telescope. conventional view is that afghanistan is the prize and pakistan is bit of a problem baking it are r. baking it r. because it works against us. afghanistan is not worth a hill of beans in and of itself. it reminds me of what bismarck said about the balkans. they are not worth the bones of a single pomeranian green deer. what pakistan has is proximity to pakistan. pakistan is the prize. or to put it another way pakistan is the problem. as we saw in the bin laden operation, that's where the terrorists are living. all kinds of jihadists in safety. pakistan is the threat. a, it could become nuclear state under the bad guys if the jihadists take over pakistan itself and, secondly, it's sort of home base for jihadists of all kind. the reason that afghanistan is important is it gives us a proximate base to then watch over, put pressure on, to kill, capture, et cetera, the jihadists in pakistan. as we saw in the bin laden operation, remember how it happened. it came out our air base in bagram. the jumping off point was i didn't la la bad. ouren presence in afghanistan gives us intelligence, resources, air bases, drones, all of that. that's why afghanistan is important. because it is a base of operation on which we can keep track of and to reduce and attack the jihadists in pakistan. >> bill: almost the same thing in iraq. we're going to keep a presence in iraq to keep an eye on iran. >> policy. >> bill: it's a smart policy. the problem is the country is bankrupt. we can't do these operations the way we have been doing them. because general petraeus. >> that's why. >> bill: general petraeus is not going to take over the cia thing. i think that singles a shift by the way of how we do business. >> i think it does. nobody is arguing for sustaining this level. the surge level in afghanistan. in the way that nobody advocated, you know, a decade long surge in iraq. you use the surge to press your advantage. we right now have an advantage. every jihadist in the region is looking up in the sky and wondering if a seal is going to land on his head and shoot him in the eye. they are not in a position to be extremely aggressive. this is a fighting season. the surge on the ground has had an effect. and the bin laden operation is scaring the hell out of a lot of jihadists, worrying about their own safety ever safety and not how to plan operations in afghanistan. this is you a time press as a way to accelerate our withdrawal which would end around 2014. >> i agree with you. i think americans have to be a little bit patient in this theater because there is a lot ofen intended consequences to pulling out too quickly. >> exactly. >> bill: when we come right back, is it legal? a county judge said he is saddened by the death of bin laden. wait until you hear this. the state of california tells a small town not to display the american flag. also, two muslim scholars thrown off a delta flight. legal is next. ♪ ♪ [ bob ] i didn't know you could pl. i didn'either. ♪ it's got a calculator. thanks, dad. this is the neighborhood. you get elm street and you get main street. thank you. and that just the first quarter. so you want a slide in your office ? or monkey bars, either one. more small businesses choose verizon wireless than any other wireless carrier. where's susie ? is she expecting you ? because they know the small business with the best technology rules. you know rheumatoid arthritis means pain. but you may not know it can also mean destruction. not just of your joints, but of the things you love to do. and the longer you live with the aching, swelling, and stiffness, the closer you may be to having your favorite things... taken away from you. but you can take action today. go to ra.com for your free joint profile so you can better talk to your rheumatologist about protecting your joints. shows your pet you care... by unleashing a complete killing force against fleas and ticks. and not just adult fleas. what makes frontline plus complete is that it breaks the flea life cycle -- killing adults, eggs, and larvae. and it keeps killing fleas and ticks all month long. that's why it's the #1 choice of vets for their pets, and yours. leash a complete kilng force in every dose of frontline plus. thanks for staying with us. i'm bill o'reilly. in is the is it legal segment. telling ice it will release illegal aliens who have committed crimes by june 1st, even if the feds order the city not to do it. here now attorneys and fox news analyst lis wiehl and kimberly guilfoyle. lis the bill author of the big "thriller" heart of ice. you worked as a city prosecutor, right. >> yes, did i. >> it has to do with the secure communities program. what is the secure communities program? >> it's a comprehensive plan federal plan to identify and remove criminal aliens from the community. it's also based on the level and severity of the crimes they commit. they prioritize them that way. it has been federally funded. this program is not optional. >> bill: what does the program require the cities and communities to do? >> well, basically, they are able to locate the feds are, ice specifically, criminals who have, are undocumented illegal aliens through a fingerprint data bait program. >> bill: arrest somebody, they send the fingerprints to the feds. >> ice pulls it out of the computer system. national democrat data base. they notify the city and counsel and say. >> bill: hold that person. >> ice hold, detainer on that individual. you deal with the crime they have committed there we're going to deal with their status. >> bill: so this police chief of san francisco hennessey says blank you, federal government. >> county sheriff. >> as of june 1st we're not doing anymore. >> bill: why does chief hennessey not want to do it? >> because it's a sanctuary city. >> bill: we're not going to obey the law because we don't like the law? isn't he worn to uphold the law. >> of course, bill. this is crazy. >> bill: what's he doing there? why is he police chief. >> here is the problem. it's happened in other states. washington state has done the same thing. said to the locals, you can go along with the law or not go along with the law. governor greg war. i don't know that she has said. >> bill: she is the governor. >> they have an opt in, opt out plan. >> bill: opt in opt out? what is that federal law trumps local law. >> supremacy clause. >> bill: now we see what the obama administration is going to do to san francisco. >> they better do something. they could take away federal funding, absolutely. >> bill: every nickel absolutely. see you. >> doing the same argument in arizona. right? >> not the kids. not the education. all law enforcement federal money. >> such a simple thing to do. check the computer. >> they will release it back into the community. >> send a notice -- knock it off. you are north going to get that federal money and president obama go along -- wiehl says to a small town. >> orca. you can't fly the american flag? are you telling me? >> that's exactly what they are saying but they are they are stuck here we love the ninth circuit already ruled it's a danger thing because if you allow the measure flag then you have to allow the nazi flag. or carks california. >> bill: or can a? >> orcutt. it's a little town. >> bill: don't know where it is. you should know but you don't. i should know but i don't. we all should know but we don't. >> field trip. >> bill: safety hazard to fly. >> ninth circuit has said it's not a public forum. highway. this supposed to be on a highway between a highway and rest stop. >> bill: they want to display the flag. >> want to have the flag. >> bill: say it's dangerous you say. >> it's crafty because it's always known to be politically correct. relying on the ninth circuit. three judge panel that said guess what if you are going to put on the american flag and it sits on it allow other people to put up a nazi flag and other flag they want if they request to do so. >> bill: can't they carve out an exception for the american flag. >> of course. >> you would think. so but, nevertheless, they can't prohibit or prevent them have putting up the american flag that's ridiculous. >> bill: would allow any other flag. >> state senator tony strickland saying carving out an exception for this town. >> bill: the loons in san francisco will probably vote against it. >> see what happens. back up to court and maybe -- >> bill: we will tell you tomorrow wheror -- orcutt it's near santa barbara. thank you very much upstairs. we appreciate that. ladies going to hang around in a moment. no choice we make them. a judge says he is sad by the death of bin lad deb. we will find out what it's all about. we'll find out in just a few moments. balanced to support your energy... ♪ ...immune function... ♪ ...healthy skin... and help protect your cells from environmental stress. everyday benefits from advanced formulas. the complete benefits of centrum. and if you're over 50, discer the age-adjusted benefits of centrum silver. >> bill: back of the book segment tonight, we continue with the is it legal team kimberly guilfoyle and lis wiehl a judge in milwaukee county, wisconsin. russell stamper, wrote on his facebook page that he is sad because bin laden is dead. am i getting this right? >> you are getting it right and that's the least of what he said. he also went on to say that cia, the fbi, the de eamplet. all of them are thieves and assassins, he called them. we have done nothing but assassinate. it was horrible. disgusting comments. >> bill: is he a truther. doesn't believe that al qaeda attacked america. >> is he skeptical. >> bill: what can be done to a judge who says outrageous things. can they remove him. >> is he a reserve judge. so basically they don't have to call him to fill in. he has been on the bench for 16 years and left. he lost election. he was a judge and lost -- hotly contested re-election. >> bill: now if they need a judge they ca point him. >> the head of a private school he got fired. >> bill: let's say that he was. when you make statements that are so patently offensive and, you know, yes, freedom of speech, absolutely. you are on the bench and you do have power over american citizens. that shows judgment that's unbelievably bad. >> they should exercise good judgment and not call him again to fill in and serve. >> bill: if he were an appointed judge could they remove him. >> not for something like that. you have got to show evidence that what you have said off the bench has somehow impacted on what do you on the bench. unable to fulfill his duty. >> if i'm standing in front of this guy i don't want to be anywhere near him. could they roof judge because of the hat that he has? just the hat if i'm going in like that you know what? i bleed guilty right away. get out of that courtroom. all right. now,. >> i bet they don't call him back. >> bill: delta airlines, memphis, tennessee. two muslim scholars get on the plane. these are legitimate people. >> definitely. >> and there they are. and then the pilot, says you know what? i'm not taking these guys anywhere. correct? >> that's absolutely correct. unfortunate timing because guess what, they were on their way to speak at a conference about this very issue about people having islamophobia, unreasonable fears that's just perfect. show up nine hours late to the conference. >> bill: are they american citizens. >> i don't know if they're american citizens or not. >> bill: we don't know. we should know that does a pilot have the right, wiehl. >> yes. >> to take anyone he wants off the plane. >> yes. for cause. there has to be some kind of cause. >> they were just muslims. >> just the way they were dressed, yeah. >> let me continue, too. the plane went back. they were -- went through security again. so security cleared them twice. and the pilot still would not let them on. >> bill: the pilot is in trouble. >> the pilot is in trouble. the pilot saying i don't trust security. we have a bigger issue. >> bill: looks like it's a muslim issue. >> even though t.s.a. cleared them. there is probably going to be a civil rights investigation by the holder administration. >> bill: humiliated and legitimate people you can't do that. >> big public apology about. this. >> bill: casey anthony, this woman in florida accused of killing her little baby. this is a huge case because of the grizzly nature of the murder. and this woman is absolutely saying she didn't do it. you just convicted her. >> i'm sorry, yeah. i did. >> that's what happened. >> bill: isn't she entitled to a trial. >> she will have a try. the judge is being very very careful in the rulings. >> why did you just convict her. >> i have seen the circumstantial evidence. heard this woman talking to people when she was in jail. know what she was talking about. she was worried about herself. are you on my team? are you not on my team? no mother that wasn't responsible for her child going miss would go have ever done that. >> bill: do you concur. >> i do concur. reviewed the case and exclusively covered ton geraldo's show. basically the secretary of defense quite compelling, circumstantial evidence has just as much proof and power court of law as direct evidence theres is will conversations with other inmates where she said she used to drug the little girl so that shield pass out so she could get out and night and party. >> bill: got to be careful. the odds are this woman is going to be found guilty of murder. florida does execute. >> she is looking at the death penalty. >> this jury death penalty qualified. >> bill: kirstie alley. don't do that, don't do that oh. no p and p moments away. ♪ ♪ i like ur messy hair ♪ i like the clothes you wear ♪ i like the way you sing ♪ and when you dance with me ♪ you always make me smile [ male announcer ] we believe you're at your best when you carelax and be yourself. and at thousands of newly refreshed holiday inn hotels, you always can. holiday inn. stay you. and now stay ahead of the game. book early and save up to 20%. >> bill: pinheads and patriots starring kirstie alley and the "s" word in a moment. >> but first the bumper sticker pro shun shaping up to be the biggest seller. you get this navy seals 1, bin laden nothing. a tribute to america's victory over evil. so far thousands have secured the sticker. check out the patriot windbreaker. you can get it now, sharp jacket. in addition to my book, i will sign it. finally if you want to give your a premium membership, all of those things, spends, mugs and other great stuff we have. all the money i get from the website goes to charity. >> now the mail: >> bill: good point. >> bill: sorry, we have robust debate on this program. juan is smart enough to handle it. >> bill: no lasting physical harm, psychologically, who knows. in extreme cases waterboarding can break terrorists. >> bill: i always say i might be wrong. >> bill: it feels good to say it doesn't it bruce? >> bill: that's what they are holding over us, robert. >> bill: a little sarcasm into the mail segment tonight. >> finally, pinheads and patriots kirstie alley the big star in that dancing program. last night this happened. >> you did a classic traditional salsa, which is smooth, slow, lovely arm passes. i do it all the time, do worry about it. >> that's why we have people on the button. let them earn their money on the button. >> bill: using the "s" word on national tv does that make miss alley a pinhead or patriot? we all slip up sometimes. >> last night we showed you bin laden's last wishes. >> as for my place of burial, i leave the decision to my executors, provided they do not bury me at sea. as my family well knows, i have a fear of being eaten by fish. so i'm very serious about this. do not bury me at sea. >> bill: 66% thought that bit was patriotic. 34% labeled it pinheaded. check out the fox news fact for website different from billoreilly.com. spout off from anywhere in the world, oreilly@foxnews.com. name and town if you wish to opine. when writing the factor, no codswallop. the bumper stickers are going fast. we sent out five or six thousand in two days. we ordered a ton of 'em. but, they're gonna go. we want you to have it. a good historical moment, you know for something that is very important to the united states. much more important than i think people know. good triumphs over evil, nice to see that, isn't it? thanks for watching. i am bill o'reilly, please remember that the spin stops right here because we are definately looking out for definately looking out for you. closed captioning by closed captioning services, inc.