some people think mitt romney took a swipe at governor rick perry today. apparently they have a long standing feud. >> dick cheney's new book called torture in the rye. you don't want to miss this. >> bill: late night guys once again using dick cheney as piñata. >> memoir friends and family encouraged him to do it. what? this guy has friends? >> bill: what do you think about that? caution. you are about to enter the no spin zone. the factor begins right now. captions by closed captioning services >> hi, i'm bill o'reilly. thanks for watching us tonight. things heating up in the republican precincts. that is the subject of this evening's talking points memo. in a couple of weeks the republican campaign to unseat president obama will be ramped up. according to the latest polls governor rick perry front front, mitt romney second and michele bachmann third. those are the three that are the best chance. anything can happen in the world of politics. michele bachmann was handling herself very well in my opinion. her appeal is for conservatives and fiscal independents who are said up with philosophy and big government spending. the polls say that ms. bachmann is a long shot according to the polls. the race between mitt romney and rick perry becomes a headline there are reports the two men don't like each other very much. carl cammeron will have the inside story on that in a moment. but today governor romney spoke to the vfw in stan an antonio, texas. >> now, i'm a conservative businessman. i spent most of my life outside politics dealing with real problems in the real economy. career politicians got us into this mess. and they simply don't know how to get us out. >> bill: now, some believe that was a veiled shot at rick perry who is a career politician. what separates the two governors is, again, ideology. mr. perry is more conservative than mr. romney and he often uses spirit in his presentations. mr. romney is running as america's ceo. a man who has succeeded in private business and who knows how to handle the free marketplace. governor perry is pretty much running on that as well showcasing texas economic success story. the truth is that both romney and perry have many things in common. including good hair both them would offer a challenge to barack obama. at this point it's gobble to say which man has the most going for him even though governor perry leads in the polls he is untested in debate and americans don't know him very much. governor romney has big name recognition but many are suspicious of him not popular in republican primaries. the perry romney battle is a toss-up and could go either way depending on how the candidates perform in the upcoming debates. as they like to say in texas. there will be a high noon between these two men. a verbal shootout that will leave just one standing. and that's the memo. now for the top story tonight. let's bring in the aforementioned carl cameron fox news political correspondent joining us now from washington. what about this feud? is there anything to it? >> a little bit. spot on analysis though, bill, you got it pretty much right. you can almost sum it up by saying look, rick perry has perfect pitch for a texas republican. and when governor mitt romney was leading massachusetts he was very popular there. and regional sociopolitical, hard nosed bare knuckled accountant budget dollars and or the politics of the social agenda really separates them a whole lot. and they have got a history. back in 2002, when mitt romney was running the limps. rick perry suggested in 2008 when endorsed giuliani not romney by the way. perry complained that the boy scouts were not allowed to volunteer at the salt lake city olympics that perry was running. eagle pin. couldn't understand why the boy scouts weren't allowed to volunteer. suggested indirectly what as a controversy at that time not allowing gay scout masters might have been behind romney preventing the boy scouts from volunteering. he said none of that was true. what it really was was the olympic rules that said had you to be 18 or older to volunteer. >> bill: that's a pretty small ball issue. if governor perry wanted the boy scouts. romney said no you have to be 18. most of the scouts aren't. aren't going to do it. there is a guy named alex who romney hired to advise republican governor's committee and then one of. >> they quarreled about it. >> bill: one of opponents hired this guy and so perry was teed off, why mitt romney would you hire this guy when the guy is trying to hurt me? >> face to face they argued about it there was a lot of witnesses to that spat. >> bill: whens that that? >> that was back in 2005. and when -- 2002, yeah. and when that happened. it should be noted that castellanos it h. been involved in the bush campaign. romney was the head of the republican governor's association at the time. perry didn't like it and they had a spat. listen, these are both very, very accomplished professional politicians. as a consz sequence, they have got relationships that go back and occasionally they have argued with each other and with some of their mutual colleagues and let's be realistic. whether you have two candidates, male, female, republican or democrat fighting for first slot in a presidential race, let's think about it obama and dlint. that was pretty nasty. carrie and dean, that was very nasty. mccain and romney that was nasty. mccain and bush, that was nasty. no matter who it is, when you get to a race in either party for the nomination and it's close with two major candidates. they are going to throw some bare knuckles. serious stuff. >> bill: they haven't started yet. that will take place later on. the blood letting isn't going to start until late fall. >> romney could get smoked out now. romney could get pulled into the race a lot more than he hoped to at this point. >> bill: let me ask you the question, though. i don't see a lot of difference between these two guys, myself. i'm looking at their policy points. i'm looking at, you know, romney got upgraded by standard and poor's in massachusetts. is he going to run on, look, i'm in a liberal state but fiscally responsible. and, you know, i got a good economic story to tell when i was governor. perry is going to do the same thing, even though he is in the conservative state. he will say i did the best economic story to tell you. they are basically telling themselves as fixers. economy fixers. i'm not really sure on where the ground is, where they are going to go after each other. do you have any idea? >> electability. mr. perry will argue that romney is not authentic. is he too plastic and that it -- he will be shown to be a fraud if he he were to go up against obama in the general election. romney will argue that per isy isy -- perry is too brash. he has written things that social security and medicare shouldn't be around. taken positions and said things that are not presidential and would make him inelectable to president obama. clish say that presidential campaigns become popularity contest when you have a republican field that is so unified in general opposition to all things on the obama agenda, there is not a lot of difference,s mostly nuances between them. and who could actually beat the incumbent. >> perry it seems to me. i think both of them could beat the i object couple bent at this point. and i'm not saying this from any ideological point of view but president obama is in so much trouble economically that both men could beat him. but what it comes down to is which guy is going to be slinging the mud first and hardest. and the second thing is when you have a guy like rick perry, who is an advantage in the republican primaries with the exception of new hampshire and possibly florida, because he he is genuinely more conservative than mitt romney. romney can't run to the right of perry. he can't. it's impossible. >> i think that's a fair assessment. in terms of who can throw the first punch or whether or not either one can sort of take the beating, rick perry is known as a very aggressive, incessant and relentlessly energetic candidate. shown in the past to take out republicans. did so so with kay bayly hutchinson. had the reputation for being the nastiest of all the candidates. it's going to be a slug fest. >> bill: we will see who launches first. kay bailey hutchinson. let's try to get her on the factor this week. it will be interesting to talk to her about how she sees mr. perry. carl, as always, thanks very much. next on the run down member of the professional black caucus attacking the tea party as racist. later, a federal judge says no to basm's tough new immigration law. is it legal has been investigating. those reports after these messages. [ doorbell rings ] hello there. i'm here to pick up helen. ah. mom? he's here. nice wheels. oh, thanks. keeps me young. hello there, handsome. your dinner's in the microwave, dear. ♪ where do you want to go? just drive. [ engine revs, tires screech ] mom? ♪ >> bill: in the impact segment one of the awful things about politics is some people use personal attacks to make their point. some in the congressional black caucus don't like the tea party. fine, they are entitled to that opinion. unfortunately they keep banging the racist drum. >> some of these folks in congress right now would love to see us as second class citizens. some of them in congress right now that the tea party movement would love to -- i'm sorry, camera, hanging on a tree. with us now tammy bruce in for monica crowley this evening. here in the studio legendary alan colmes. hanging on a treerks colmes? >> i would not use that language. i empathize where members of the black caucus might be coming from. a number of racist comments come out of tea party. members of congress have referred to the president as a tar baby. you have had a number. >> bill: who is that? >> a guy out of georgia, a republican congressman from georgia. >> bill: i haven't heard. that is that on tape? >> he actually compared and he apologized for it. >> and you had john lewis spit upon. i know conservatives say it wasn't on videotape. say it wasn't happened. n word was used. head of the georgia tea party.org used the "n" word. >> bill: justifying tarring, a whole organization based upon allegations. >> not what i'm saying. >> bill: that would be like somebody say look, you are a bad person because you are an american because look at what the americans did in this and this and this, and this. that's not fair. i don't know why and you are in this world, i'm not. in this far left world. >> far far left. >> bill: why these guys continue to do. this who are they trying to persuade. >> what i'm trying to say here bill, is not that i condone it. >> bill: you are making excuses for it. >> what i'm saying is i understand where they are coming from given the number of times you have had this kind of rhetoric and signage at these tea party events. >> bill: you can't do that you had racist rhetoric in the united states ever since columbus discovered america. okay? you can't demonize any group for the actions of a very few. >> this is the way the group seems to be behaving. >> bill: it doesn't matter. you dodged my question. so i'm going to answer tammy and can you come back. what good does this do to have a sitting congressman say the tea party wants to see us hanging from a tree? that's ridiculous what do you think, tammy, the guy wants to get out of this? >> it's indicative of the chaos and the panic in congress. the obama administration other democrats have internal polls that show they are in deep troubled. we were called brooks brothered. unshirted unamerican nazis a year ago and racist and it didn't work. they are seeing the appeal. >> bill: that's what i mean. >> taxed enough already across the board. >> bill: why now. >> they are worried about the base. they have no other option this should insult every african-american in this country. 41% unemployment against young black men in this country and this is where congressional members are putting their energy? i mean, everybody wants answers. tea party is going to focus on and save this nation for everybody. this is why this nation is in trouble. >> bill: i'm not going to blame the obama administration for congressman saying something. >> they set the tone. >> bill: i don't think carson sets the tone for anybody. we will invite him on, by the way, later on. i don't think he will come. i hope he does. look, colmes, you see my point here. >> i agree with you. it doesn't do anybody any good. >> it doesn't do you any good saying you understand it either. >> of course i understand it though. you have to look at it in context of where the black caucus. i'm a white guy. i cannot understand the mind set. >> bill: what mind set. >> if you are an african-american you hear this incoming from a group of people who are basically white, basically older and number of studies shown they are not black people i understand why they are saying the things they said. >> alan? >> bill: i didn't see of that? >> let me say look poverty and unemployment does not discriminate. i don't think anyone in the african-american community right now is engaging in this kind of rhetoric. everybody knows that the future is at stake. and i think it's insulting to suggest that this is what people in the black community want to hear right now when they don't know how they are going to pay the rent next month. that's the problem here. i don't think anybody sympathizes with this kind of tactic. >> the idea that this racism does exist in some quarters and need to adjust jobs and with black people. they can coexist. >> bill: when you use incendiary violent images like hanging from a tree. >> or target maps or congressional districts? that's violent imagery as well? come on. not just the far left. it's not just one side. >> bill: the map that targets districts you you are going to make that analogy to this. >> absolutely. >> bill: that's insane. >> bill: you have tammy, basically in this country a monolithic block of african-americans who will support president obama this time around. >> sure. >> how they vote whether the turnout is as big. >> sure. >> bill: i don't know whether mr. carson maybe is he going to try to mobilize those people. stay home. maybe that's what he is doing. >> barack obama is a cultural icon. some people are going to vote for him no matter. what the fact is though they know they are not quite sure, they thought they were going to destroy a tea party and they are seeing the appeal expand. i don't know whether it's -- they should be working to stop the flash mobs and to stop this incendiary stuff. it looks as though maybe seeingment wants there to be chaos. most of us don't and we are going to work against that. >> bill: they want a diversion, i think, and this is what prop began disses do. start fires so you won't pay attention to what the real issues are. >> bill: john stossel investigating 9/11 charities that apparently are not doing right with your donations. then, is it legal on president obama's uncle possibly in an illegal alien in big trouble? right back. >> bill: stossel matters segment tonight. something like 325 charities set up to raise money for the victims of 9/11. most of them appear to be doing a good job but some are not. here now fox business anchor john stossel who has identified five of the worst. the absolute bottle ever bottom of 9/11 charities. obviously 10 years a long time and a lot of these charities have been around for a while. they have raised a lot of money. you found out, one, let's start with the skating. >> that's my -- the stars, stripes, and skates. they had sohios. indianapolis kerrigan. they weren't involved. >> tara mod lynn was the founder. >> so they showed up these ice skaters and they had shows. >> kids waved the flag and they said the money would go to past and future terror victims. not a cent has been paid. >> bill: how long a period of time. >> since they started since 9/11. >> bill: 10 years didn't send any money. >> we spent all the money producing these events. and, you know, but she did give auto thousand to consultants, included her best friend. >> bill: the usual scam. >> the usual. >> bill: american quilt memorial, what's that? >> was going to be a quilt big enough to cover 25 football fields. i mean, i'm not sure why that's a great thing but there is no quilt. there are a few hundred sheets packed in boxes. a third of the money went to the charity wants -- charity's founders and relatives kevin held. >> bill: raised about 750,000 for this quilt. the quilt never got made and a third of the money went to the guy who. >> organized the charity at least. i mean, he was a good fundraiser. he got students to hold penny drives and cops to buy $20 t-shirts. >> bill: do you see anything in the first two that's illegal? should the irs be in there. >> yes. the irs should be in there. >> bill: ministers united life ministries, what's this? >> here it gets fuzzier because the a.p. reported they raised more than $4 million. they had a telethon to cover the cost of counseling, feeding and caring for 9/11 victims. i don't know how you measure that. the a.p. said the most of them or a large a the money went to the church that's run by the founder. but now the lawyer just now calls up and says we can account for all this money. and they sent out an audited statement. >> bill: this church is down by the world trade center. >> that's right. 2 million of it. they said he misspoke when he said 4 million. we only raised 2 million. >> bill: then there was one called the garden of forgiveness? what's that? >> gashedz around the country that people learn to forgive. forgiving is healthy. reverend linden harris helps in this movement. he raised $200,000. paid himself $126,000. >> bill: that's nice. the reverend pays himself. he answers we want a garden of forgiveness but how can we have one on the site when the site isn't done yet. >> bill: why is he taking 125,000 out of there. >> we are teaching forgiveness. >> bill: i'm not ready to forgive that there. >> jack scalia is a soap opera star. >> i feel sorry for him. he got fired. he raised money. he wanted to do something to help. the post says he didn't know where it went. but a lawyer today. >> bill: how much. >> $100,000. a lawyer today provided an audited statement with details and we have called some of these charities and they said we haven't tracked it all down yet. >> scalia. >> to me the point is that charities by and large do a good job. the free market competition keeps them honest. you keep them honest the way you kept united way and george clooney honest. >> bill: it wasn't easy. let me tell you that. >> the government wastes billions. thousands of times more. the just said 125 billion-dollar in improper payments per year. this is nothing compared to what government does. >> bill: nor 9/11 stuff. >> general stuff. >> bill: you are making a point even though these people are bad they are not as bad as the federal government. >> that's right. >> john: plenty more ahead as the factor moves along this evening. president obama's uncle apparently illegal alien being held in massachusetts. is it legal on the case. the ladies will also tell us why a federal judge has blocked alabama's tough new illegal alien >> bill: sharon blackburn who sits in alabama blocked that tough new immigration law saying she needs more time to figure out if it is, indeed, unconstitutional. are a variety of charges coming from religious people who say it is wrong to punish those who would help an illegal alien. >> the bible is clear that we're supposed to welcome love the stranger and welcome the aliens. we feel this law could make some of you are ministries criminal activities. >> bill: here with us is kimberly guilfoyle and lis wiehl. that guy what is he referring to. >> is he very concerned that members of the church are going to be breaking this new law if it comes to pass by being a good samaritan. >> bill: how. >> by stopping and helping someone come to the church. when they get to the church giving them medical aid and counseling and sacramentos in the catholic church. >> bill: who, not too fast. are you saying in alabama, this new law would make it a crime to give illegal alien communion or penance? >> it definitely could be. >> bill: i don't want could be. does it make it a crimey or no. >> bill: do you see he it that way. >> i don't think it would be enforceable. >> bill: i don't care about enforceable at this point. >> do i think giving the communion. >> bill: alabama state law. much tougher than arizona. >> toughest in the country. >> bill: do you see that it's possible to that a priest or minister could be arrested for dispensing the sacramentos to sack corrects. >> if you are trying to commit or perform a ceremony. holy youk crist, i don't think so. extend to baptism? no. they are saying this interferes with their ability to serve their community and has an open door poem. >> bill: somebody comes in there and you give them food. >> harboring and sheltering someone you know to be illegal alien. >> bill: harboring and sheltering is giving them a place to live. not giving them a can of spaghetti. >> provide a job or place to live illegal. >> read the law. >> bill: i know that. >> very vegas and very broad. that's the problem with this law. too broad. >> bill: i did read the law. shock you. here is what i got out of this. kroncke, -- correct me if i am wrong, because you ares are the is it legal team. i could not have have gotten out of law school. you can't drive an illegal alien point a to point b. >> right. >> you can't rent an apartment. >> right. >> you can't shelter an illegal alien in your basement. you have to tell the authorities the person is there i don't see anything if somebody is on the side of the road and they just got hit by a car, you can certainly go up to them even if you know they are illegal alien and give them medicine or comfort without being arrested. >> no. not the way this law is written. that's what the reverend and others have put into this brief which i read all the way through as well when he is quoting the scripture and saying just even stopping at the side of a road and trying to help. >> that's written in there? >> no. of course it's not. >> bill: you are interpreting this way. >> that's what lawyers do. >> bill: what lawyers do. i want a definition on the law. wait a minute, i got the fact that you can't transport illegal alien. >> or hire them. >> can't give them a job. >> bill: or rent an apartment to them. >> or ride or place to live. >> bill: it's clear that the alabama state legislature doesn't want them. >> we got the memo ill. >> bill: do you see abuse along the lines of what the reverend said that the reverend's freedom of religion. is he claiming that his freedom of religion is being violated you don't see that. >> no. is he going too far to try to make a broader point. i do not see that is a violation of the law as written. he can go ahead and speculate about his own interpretation but that does not have legal weight. >> the law is way too broad, way too vague. >> bill: do you think it's a violation. >> and everyone else who wants to go to the church. afraid to go to the church because they might be with illegal aliens. >> bill: if you go to church and illegal alien you will be arrested? you are hysterical tonight. he is worried about because is he making it up. >> that's not gonna happen. >> bill: you are hysterical, of course. i agree with wiehl, god help me, please, it is too broad they have got to enumerate the things down there that you can be held accountable in court for. >> right. >> not just have generallisms and i think that's. >> that's why the judge is putting it off, her ruling until september 28th. >> wrong. >> both sides aren't objecting to the fact she is putting it off to make a good decision. >> few something else it's not then you are in trouble anyway. >> bill: we are going to hold the ladies over because apparently barack obama's uncle is an illegal alien and is he being held in massachusetts. and, later, charles krauthammer on how the obama administration is trying to change america under the radar as they say. upcoming. >> bill: thanks for staying with us. bill o'reilly. 67-year-old obama from kenya being held in massachusetts after being arrested on suspicions of drunk driving. he is apparently an illegal alien because ice has a hold on him. half-brother of the president's late father has pled not guilty in the case. once again least lis wiehl and kimberly guilfoyle. is this a play or did he do something wrong. >> he did something wrong. he was arrested for being under the influence. he blew a .14 nearly double the legal limit which is .08 in massachusetts. he rolled through a stop sign almost caused an accident with the state trooper car. they bring him in and they determine that ice actually has an existing deportation hold on mr. obama. so, following the law, which is their obligation to do so. >> massachusetts as you know has not been doing that. >> right. because they are not a secure communities state. so that's the bottom line there. >> they did it in this case? >> now we have done an investigation determine whether or not he was legal and what happened was they had to abide by the law. the fact that it was already there difference wiehl between massachusetts initiating the action and then when -- when they check this guy out on the computer it came up. ice has a hold on him. >> i don't think he helped his case much called the white house. >> everyone knows you don't have any -- >> do we have any history on this guy? has he been in the country for a long time? do we know anything about him. >> he has been liquor store. his lawyer wouldn't contact him. excellent employee. two prior incidents. one last year of selling alcohol to a 19-year-old. so underaged and also in 2006, for selling with the two kids that had a fake i.d. other than that, we don't have. >> bill: he has been in the country five years at least from kenya, right? >> we also contacted to see whether or not exactly what was the nature. >> now with the high profile part of this case he has to be deported. >> valid social security number. >> and driver's license. >> and driver's license. >> bill: in massachusetts. >> right. >> that's easy to get. >> now all of the sudden. his attorney said, look, i don't know how he got the social security, so there is going to be. >> he is not showing up at the white house for breakfast. he doesn't have any contact with the president. right? >> not that we know of. >> not that we can find. >> might not be deported similar situation with mr. obama as with the president's aunt who wasn't deported. she asylum and using the same attorney as this individual. as obama's uncle. >> have a dui on record either. >> no she didn't but she claimed political asylum her life would be in danger if she was to be returned to kenya. my prediction, mr. obama got going back to kenya. >> some other people's lives are in danger if these guys are going to drive around drunk. >> we will absolutely follow this case. wins the lotto. in georgia how much does the guy win? what happens to him? >> he won 750,000. and he said ticket for me. that winning ticket for me and allegedly i will pay you half of. it. the didn't pay him half of it he got mad and started of coming after the employer georgia. and said, came after the employer and said look, i'm going to kill you, i'm going to kill your kids. if you don't give me my money. he ends up in jail. the illegal immigrants ends up in jail. >> happens all the time to illegal aliens. absolutely. if somebody knows you are illegal. they can rip you off all day long. >> once again he shouldn't be here and this is what the chaos that it leaves. >> you can't win -- can't win the georgia lottery unless you have a social security number and unless you have his address. >> he won but he didn't really win. >> >> he then threatened his employer, threatened him. >> kill you and your kids. >> let's not convict the guy physical we know what he actually said. >> got a case pending against him and he has to leave the country by september 6th or he will not. >> trying to be able to stay here in this country by saying i have been the victory of a crime. you can't -- >> bottom line is he is not getting the 750. >> no. >> bill: the employer won't goat it either because he stride to steal it? >> in idaho. the grizzly bear goes on the property of the family and the father shoots the bear and they arrest the father. >> they violate -- they say that he is violated the u.s. endangered species act by killing this grizzly. happened on may 8th. jeremy hill. sees some of the munchkins there hey, honey, there is a bear. bear is 40 yards away. shoots one of them. other two run away. they are all over him. you are going to go to jail. $50,000 fine. one year behind bars. >> doing that? >> you are allowed to defend yourself. >> you are allowed to defend yourself unless it's an endangered species and then you have to allow yourself to be eaten. are you endangered? if you are meet me and my family. >> there is an exception within the act that says precisely that if you are defending yourself or your family,. >> backyard. >> here is a way for this guy. the community came together. they are upset about it so they raised $19,500. >> with the pig to pay for his defense. not a crazy state. did it in california, i don't know. but in idaho. no grizzlies in california that we know of. all right, ladies, ladies, thanks very much. a lot. in coming right back with charles krauthammer on how the obama administration is trying to change america. through little known regulations. and then, late night comedians ganging up on dick cheney. you go next if you had a hoveround power chair? the statue of liberty? the grand canyon? it's all possible with a hoveround. tom: hi i'm tom kruse, inventor and founder of hoveround. when we say you're free to see the world, we mean it. call today and get a free hoveround information kit that includes a video and full color brochure. dennis celorie: "it's by far the best chair i've ever owned." terri: "last year, 9 out of 10 people got their hoveround for little or no money." jim plunkitt: "no cost. absolutely no cost to me." breaking news...when you call today, we'll include a free hoveround collapsible grabber with the purchase of your power chair. it reaches, it grabs, it's collapsible and it's portable. it goes wherever you go. get it free while supplies last. call the number on your screen to get your free video, brochure and your free hoveround collapsible grabber. call the number on your screen. >> bill: obama administration is being accused of strangling the economy by overregulating the free marketplace. charles krauthammer sees a bigger picture here and he joins us now from washington. so, correct me if i am wrong, but you think that the president and his guys are trying to transform america by using business regulations, correct? >> that's right. the president has never made a secret of his desire to change america. that's what he campaigned on. and that's what he did at the beginning of his presidency. he is already changing radically using legal means through obama care. but, when he doesn't succeed in congress, he goes under the radar. and there are a couple of pretty egregious examples. remember, last year he tried to pass the dream act, which is a pretty significant change in immigration in which if you were brought here by illegal parents as a child, and you meet certain criteria, you are in college or the military, you get a essentially amnesty. now, what's interesting is that the congress, which at the time last year was entirely in the hands of democrats rejected the dream act. so, what does obama do? his department of homeland security issues regulations under the excuse of prosecutorial discretion which essentially enacts the dream act through regulation, meaning of the 300,000 cases out there of the people waiting to be deported, the regulation is now the instructions are now meets the criteria of the dream act is to be let off and even given a work permit. and that's a pretty radical in your face at the constitutional testimony system. >> there is a document people in the field how to handle. >> it's under homeland security. >> napolitano what what is it the attorney general? who signed that. >> it wasn't a secret. everybody in the administration knows about it. >> bill: ill know that's the policy essentially obama. it's not as if all of this was hidden from his view. >> the idea is they had said it's because of lack of resources. $3.7 trillion a year and it can't define the resources to actually look at all these cases individually. and this is a farce. you get $6 billion for example wasted on ethanol subsidies. take a traction of a fraction of that and actually look at all these cases individually. rather than enacted by fiat with the administration what the congress had rejected. >> the other one is the cap and trade stuff which the president has not been able to get passed. >> exactly. >> what is he doing under the radar. >> cap and trade is a way to essentially regulate emission of carbon and essentially a way to shut down ultimately the coal industry. in congress, the last congress controlled by democrats and utterly rejected and you remember, even at the time the administration warned if congress if you don't enact this, we are going to do it by regulation and, in fact, that's what's happening. right now they are issuing regulations that as the "wall street journal" has pointed out will essentially within a few years shut down about 10% of collagen -- coal generating in the united states. >> bill: spewing too much in the air. >> no, because of the carbon emissions and other emissions that will essentially that the coal industry will be unable to meet. it will be completely impractical for any of these businesses to actually operate. >> bill: they have got to be taking a lead here. the e.p.a. says you have to have a certain amount of carbon emissions and if you go over it, you can't burn any more fuel. that's it. >> exactly. what you do is you will shut down the older plants where the scrubbing is too expensive and it is going to shut down a tenth of our capacity. as the general pointed out, if a terrorist were had-to-shut down a tenth of our coal generating capacity it would be an act of war. >> bill: counter argument is is it worth having the gunk go into the air because they are old plants and they need to be refurbeddished? is it worth it. >> argue whatever you want. one side or the other of the substance of this. the procedure under our constitutional system the executive executes the laws that congress has passed. it should not be executing laws that congress has rejected. it's that constitutional arrogance. >> bill: very interesting. we appreciate it as always. pinheads and patriots on deck. ganging up on dick cheney. when we come right back, we'll be right back. 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[ male announcer ] this is what it's like getting an amazing discount on a hotel with travelocity's top secret hotels. the easy way to get unpublished discounts of up to 55% off top hotels. harpist not included. ♪ >> bill: pinheads and patriots starring the late night guys and dick cheney in a moment. but first, no better time to become a premium member or renew. if you do we will send you a factor pen free. i have the no-spin pen at this moment. you can make the call whatever pen you want we'll send you. big discounts, so please check it out. now the mail: >> bill: when you talk about condescension you have to include secular people who look down on religious americans. both camps can be arrogant, i agree. that is not what jesus would want, is it? >> bill: he has been known to jest. >> bill: excellent paula, i end to xm all the time. thanks for being a loyal watcher. >> bill: excellent word meaning sound judgment. >> bill: don't be so hasty about miller. we'll see you then. >> bill: great poem andy! signed advance copy, i hope you like the book. >> as you may know former vice president cheney has a book out. shanahanny will be talking to him in a few moments. -- of course the late night guys sense an easy target. >> dick cheney's new book comes out tomorrow. it is called "torture in the rye" >> in recent interview cheney said his new memoir will have heads exploding in d.c.. especially if you read it while you are on a hadn'ting trip with dick cheney. >> dick says the reason he wrote the memoir was because friends encouraged him to do it. what! this guy has friends! >> bill: you know fellas, it is too easy. you are pinheads for being predictable. that is it for us. check out the fox news factor website different from billoreilly.com. we would like you to spout off about the factor from anywhere in the world. oreilly@foxnews.com. name and tornado if you wish to opine. no catter walling. -- caterwauling when writing the factor. remember the spin stops right here because we are definitely looking out for you. >> good morning, everyone. it's wednesday, it's the last day of august today, august 31st. i'm gretchen carlson. thanks for sharing your time today. this morning, we ask, haven't we been asking this for a while? where are the jobs? still no problems. when will the president actually lay out his plans? stay tuned. >> meanwhile, this is your pilot speaking. computer is doing all the flying and now word that technology, autopilot in particular is making pilots forget how to fly the plane so are