criticize him? we'll take a look at that. >> bill: caution, you are about to enter the "no spin zone." "the factor" begins right now. ♪ >> bill: hi, i amll bill o'reilly. thanks for watching tonight. big crackdown on illegal immigration. that is the subject of this evening's "talking points" memoa fulfilling a campaign promise, president trump has ordered the immediate construction of a wall on the southern border. and not only that... >> our order also does the following. ends the policy of catch and release at the border. requires other countries to take back their criminals. they will take them back. cracks down on sanctuary cities. empowers i.c.e. officers to target and remove those who pose a threat to public safety. >> bill: mr. trump signing two executive orders earlier today which send a signal, a strong signal, that illegal immigration is going to be dealt with in a very aggressive way. to explain further, catch and release is a policy reinstituted by president obama wherere those sneaking across the southern border could ask for asylum and almost immediately be set free. sometimes handed a bus ticket that you and i paid for to an address anywhere in the usa. few of those released have ever returned for their court hearings.er that policy was a scandal. now, it is finished. secondly, the sanctuary cities, as you know, have openly defied federal law for decades. now, federal funds may be denied to those places. so on day three of president trump's first week in office, he sent shock waves through the liberal communities. also, mr. trump is calling for a federal investigation into voter fraud, where he alleges that millions of illegal aliens arera voting. that's a good thing, the investigation. we should know if fraud on election day is real or not. also, the president has informed the city of chicago that if the murder epidemic there doesn't stop, federal authorities will intervene. another good thing. and that intrusion is likely to happen as illinois governor bruce rauner and chicago mayor rahm emanuel will not stop the brutal gang killings. they just won't do it. which have taken thousands of innocent lives. how that situation has been allowed to go on for years is another scandal and perhaps the most vivid illustration of racism "talking points" has ever seen. so, president trump is acting quickly and according to a rasmus daly presidential tracking poll, americans are taking notice. today, the poll has 57% of likely u.s. voters approving of donald trump's job opponents, 43% disapproval. it remains to be seen, however, whether a border wall will be effective, whether stationary cities will finally obey the law, and whether ending the catch and release program will slow down illegal border crossings. but at this point, strong federal action is being taken. no question about it. that is "the memo." now for the top story tonight. is it kate's law next?in as you may know, "the factor" was instrumental in proposing a law that would impose tough, mandatory, federal criminals who defy deportation. "kate's law" was sabotaged by the villain senator harry reid but will now be introduced. joining us from philadelphia, congressman steve king, who is promoting the law in the house. senator ted cruz doing the same thing in the senate. where are we on the "kate's law," senator cruz? >> good evening, bill. it is good to join you. kate's law, as you noted, the last congress put it up for a vote, the house of representatives passed it, and the senate democrats filibustered it. we got three votes in the senate the last time around. y i hope and believe we will bring it up for a vote again, but this time we will have a president unlike barack obama, a president who supports kate's law, supports a mandatory minimum sentence of at least five years in prison for aggravated felons who illegally reenter this country.y. it was named -- as you know, it was named after kate steinle, who you shined the light on so powerfully, the terrible story where she was murdered by a career criminal, who kept coming into this country over and over and over again. kate steinle should never have been killed. the laws made sense. >> bill: seven times.ga this low-level drug dealer came back seven times after being deported six times. why do you think, senator cruz, that barack obama, president obama, didn't get behind the law? >> well, unfortunately, president obama and an awful lot of congressional democrats support illegal immigrants. >> bill: this is violence. this isn't illegal immigration. >> but they don't distinguish among them. so the obama administration repeatedly released violent criminal illegal aliens. they released rapists. bill, i was down at the border at mcallen a couple years ago and i was visiting with border patrols and sheriffs and law enforcement and it was right after the presidential election. and the degree of relief of these men and women who risk their lives trying to keep this country safe, because in a border patrol, for eight years, they have had political leadership telling them, don't do your job, you will be punished for doing your job. and i think that changed onob january 20th. i think today's orders were an example of strong leadership from president trump. >> bill: all right, now, congressman king, you are a hero, too, along with senator cruz, because you are driving this law in the house. it won't have any problem in the house, it is the senate where they are going to have to get al few democrats over, which i senator agree with senator cruz, it will happen. joe manchin will come over, a few others will come over. where is your bill, congressman king and senator cruz's bill and senator grassley is a hero, too, is it compatible, have you guys reconciled it? >> it is. we are reconciled on the language. it has happened before that senator cruz and i have matched up on legislation that just by, i will say proper instinct, rather than planning it. we came together on this in that fashion. the last congress retired it, i picked it up verbatim and introduced it into the congress. we are gathering signatures now. i didn't check the numbers, butr they are just growing and it's early. i serve on the judiciary committee, it is natural for me to take it up. and it passed the congress 241-179. and we have a president who is calling for it. so i'm confident it will pass the house and probably fairly early in this congress. >> bill: i was going to say, senator cruz, what is ther time frame on this? >> i hope sooner rather than later. >> bill: are we talking weeks, months? what are we talking? >> you know, that is going to be a decision for mitch mcconnell. i am certainly a pressing for te vote as soon as possible. we have got ten red state a democrats who are up for election in states in 2018 that donald trump carried. and i got to say, if you are a red state democrat, you can't be thrilled about the prospect of a voting in favor of letting in career criminals, especially when you have a president of the united states who is going to be shining -- of course -- >> bill: just think about it. think about it. you have got a violent, convicted criminal,, convicted here in the united states, not in bolivia, all right, and you deport tm at our expense, ande he comes back, and you don't want to put him in jail for five years? what? why? it's insane! >> it is exactly right. but, you know, bill, the last congress, the head of the immigration enforcement unit under obama was testifying at the senate judiciary committee, and i asked her a simple question, i said, how many murderers, illegal aliens with homicide convictions, did dhs, did the obama administration, release this week. she said, i don't know. i asked, how many rapists? she said, i don't know. i said, how many people committed an aggravated assault and she said, i don't know. that is crazy, the answer should be zero, zero, zero. i hope and believe with this new president, with this new administration, they are not allowing violent criminals -- >> bill: congressman king, i just hope the democratic party and the reps in the house wouldg join with the republicans. you know, just put up and say, look, enough of this madness. we are going to do the right thing. we are going to come together and pass kate's law. and the steinle family at least would have that. last word, congressman king. >> jim and liz steinle deserve our prayers and they deserve the action of united states congress, the house and the senate. i know that when jim testified before the house judiciary committee, it was heartbreaking, and the courage that brought him to that congress to deliver that story of his daughter being shot in the back and dying in his arms. when i saw that happen in the news the first day, i sent out a tweet that said "this will make you cry." thinking of it even this many months past, that is what it does. we have got to step up and serve this. it is not 124 families or so that are grieving here. it is thousands of families altogether over the years. >> bill: and americans who are grieving with them. >> and i hope that congress hears that plea and answers us. >> bill: okay. all right, guys. you are doing great work and we really appreciate you coming on tonight.uy next on "the rundown," rivera and bolling will respond to the executive orders today on illegal immigration. then a college professor said the vicious, hateful campaign against president trump should stop.y "the factor" is coming right back. ♪ t z282uz zwtz y282uy ywty new girl, huh? 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[ door closes ] she's actually pretty nice. oh. yeah. but i keep it growing by making every dollar count. that's why i have the spark cash card from capital one. with it, i earn unlimited 2% cash back on all of my purchasing. and that unlimited 2% cash back from spark means thousands of dollars each year going back into my business... which adds fuel to my bottom line. what's in your wallet? ♪ >> bill: continuing now, to the lead story, president trump signing two tough executive orders on illegal immigration. here in new york city, you both support kate's law, right? >> i have no problem, generally speaking, with mandatory minimums. my objection is that when you conflate the murder epidemic in chicago with what happened to kate steinle, that is, it's young black men killing young black men, that is --ck >> bill: but this bill has -- >> the undocumented immigrants get all the garbage thrown on them. and they are portrayed as this violent population when they are not. >> bill: if you were a senator, would you vote for kate's law, yes or no? >> it would be -- i would have to say no.ld i will tell you why.av >> bill: why? i mean, it's brutal. if you would not vote -- >> during the crack epidemic, we passed mandatory minimums for people who used crack as opposed to powder cocaine. what we ended up doing was decimating the minority population and filling the federal prisons. >> bill: boy, i will tell you what. >> this guy should have been in jail though.s this is not -- >> bill: he should have been in a federal prison. doing 30.'s >> he's a seven-time offender. he should have been in jail. >> bill: if they had kate's law, he would have been. let's go to sanctuary cities. all right? executive order signed. no specificity on what funds will be denied, san francisco and other places. and you are going to have to get congress involved because they have the purse strings. what do you think? >> well, maybe you have to get involved because there are ways to hold back. look, there are funds that are sent to cities, states and cities, for protection, for border protection, to assist the removal of illegals from their cities and municipalities. they can pull some of that back if they choose. but there are other funds that they can pull back as well. they don't have to cut off -- there is law enforcement -- >> bill: you think the cities and counties that are doing that are going to get punished and punished fast. >> i think trump was the first one who is going to step up and do it. even prior to that, it has basically been, look away, yeah. >> not only do i think that this will start a tidal wave of lawsuits, every jurisdiction of the 300 u.s. cities, there is a reason 300 u.s. cities are sanctuary cities.er a federal judge in chicago, and i have told this to bolling before, has said the federal detainer -- in other words, what is wrong with sanchez, the killer of kate? w the problem is, they didn't send an arrest warrant to the sheriff of san francisco. they sent to it to the detainer. the federal judge in chicago said that detainers are illegal. why? a because the federal government cannot order a local jurisdiction to enforce immigration. >> bill: sessions is going to get in there and be tougher than trump on sanctuary cities. my question is you, not whether it is right or wrong, do you think of the funds are going to be withheld from these places? >> i think i'm a legallyes speaking, there are two supreme court decisions. legally speaking, as eric alludes to, the only funds you can withhold -- in other words, you can't withhold highway fundf or school funds for a city like this, gets billions of dollars. you can withhold federal grants to law enforcement because arguably, this is about law enforcement. >> but they need that. >> of course they need that. >> bill: we both agree, at least something needs to be done. but in some places like california, jerry brown, the governor, has already said we are going to litigatee everything. on the second front, the wall. i support the wall, not because i think it is going to stop people. >> it will. >> bill: it will cut them back. but drugs. it is going to make it much harder for the cartels to get heavyweight drugs into the united states. and therefore, it is worthy for that reason. bolling. >> i agree with you 100%. i know geraldo will push back. i have seen him in drug tunnels looking for el chapo before. here's the point. you put a barrier up, you make it more difficult.ou just by law of physics, you will restrict some of it. not all of it. but a percentage of it and the bigger the wall, the higher the wall, the deeper the wall, the more you'll restrict. >> you say i have been in el chapo's tunnels. it is not going to stop the pros.. it's gonna stop juan and maria. the avocado pickers. >> okay, geraldo. >> bill: it will make it harder. >> i'm going to shock you. i am withdrawing my opposition to the wall. >> bill: oh! >> listen, elections have consequences, this was his signature issue, and if the people want the wall, it is a waste of money -- >> can i make a point? >> we almost walked outside on a show once over the wall. >> we can pick it up right now. >> bill: geraldo is down with the wall now. i think you should have a peaceful wall sponsor. wall, sponsored by geraldo. you could have your picture there. >> a billion-dollar wall and a $25 billion ladder and the ladder will triumph. >> bill: we'll see. the guy can't carry over a ton of drugs on a ladder. >> wouldn't you rather bridges, tunnels, public schools, highways? >> bill: we tried everything we could and it hasn't worked. so let's try this. gentlemen, thank you very much. we appreciate it. directly ahead, no question, there is a movement to delegitimize the trump presidency. now one college professor says that is wrong. also, mary tyler moore has died. we will salute her incredible career. >> how old are you? >> 30. >> no hedging. now, how old do i look? >> why hedge? how old do i look?ld [laughter] >> 30. [laughter] >> bill: upcoming. i'm a tinkerer.momomomom i mess around in the garage. i want to pay more to file my taxes. i want my tax software to charge me at the last second. paying $60 to file my taxes was the highlight of my day. and you just saw footage of me flipping burgers. want to charge me extra to itemize my deductions? no problem. i literally have too much money. said no one ever. file for free with credit karma tax. free to start, free to finish. creditkarma.com/tax. a big tax company needs that $50 way more than me. >> bill: "impact segment" tonight, giving president trump a fair hearing. as you know, some on the left are not doing that, claiming his presidency is illegitimate. joining us now from washington, jonathan turley teaches law at george washington university. you have been critical of the delegitimizers. why? >> well, i think that there ishi an effort, a concerted effort to create political mythology to suggest that president trump is some type of pretender in office. and i think it is a dangerous thing. my house was filled with friends and family that came to protest the inauguration and i didn't join them, nor did my kids. 'cause i taught them that the k fourth of july is an important holiday but it was basically a declaration to a foreign leader. the inauguration day is far more important. that is where we keep a promiseo to each other. that even when we are divisive, even when we are hateful in elections, we come together on that day every four years and we affirm what is really a leap of faith under our system. and to see all of those members of congress boycotting this inauguration, i thought was shameful. >> bill: what do you think is driving -- i've named it now the trump derangement syndrome. what is driving that? >> [laughs] well, i think part of it is that there are a lot of folks in this town that want to redirect a lot of this anger. you know, the democrats helped bring about this election is much as donald trump did. they didn't look at polls that said that people wanted an antiestablishment figure. they didn't look at polls showing that hillary clinton had record negatives.n they pushed through her like she was the anointed candidate for the democratic party. they steamrolled sanders.e the results should not surprise many people. but there are a lot of folks that want to suggest, look, it wasn't us. it wasn't our message, it wasn't our choices. much of that same leadership is still in place. instead they want to suggest that somehow he stole thee election or that putin gave him the office, which is, of course, ridiculous.e >> bill: those are all devices to generate a real hatred of donald trump. so he evokes this powerful support for his people who lovee him, okay, but also, this hatred for people who loathe him. and i am wondering, what drives the loathing?e is it any one thing? is it his personality? is it a stance on an issue? what you think it is? >> i think that is what is so dangerous about this. there is this disconnect from reality as people create this mythology of just total hate. you know, i had one relative at my house who was talking about trump supporters, very negative comments. i said, you know, there are very nice trump supporters. about 47% of people voted for him. you do realize that there are lots of nice trump supporters. and she wouldn't accept that. i think that is part of this mythology. >> bill: why wouldn't she accept it though? you are a logical man. she wouldn't accept that 47% of the voting public isn't evil? she wouldn't accept that? that's irrational. >> i think that there is this rhetoric that is pushing everyone to extremes on both sides. it is dangerous for a government like ours. we have to get along. we have problems to solve. sometimes, when you have a bigig change, like the trump administration, it can bring positive things. you can re-look at issues. if trump is willing to work with congress, we can come up with some innovative solutions. >> bill: well, if he is successful, that is going to make the haters hate them even more. you know that. i don't think you will win over a certain segment of the population. what can trump do himself, from your vantage point, to try to assuage some of this anger toward him? is there anything he can do? >> in some ways, he benefits. i always tell my wife that the success of our marriage is due to the fact that i lowered her expectations so much that i surpass them every day. trump may have that advantage. the expectations are so low.he if he does anything but a nuclear strike in the first three weeks, a lot of predictions will be wrong. i think that he could show that it is possible to come up with new ideas. i thought it was interestingt when he talked about inner cities and said, you know, i know that these are democratic strongholds. but it hasn't really worked out. >> bill: no, it hasn't. if he sends the troops into chicago, by the troops, i mean federal agents and federal attorneys, that may go a long way in showing people that he does care about it. >> also i think he needs to look at more innovative solutions, new ways of looking at those problems. >> bill: he is certainly taking a lot of action. i don't how innovative it is. it is certainly definite. professor, we appreciate your point of view. plenty more ahead as "the factor" moves along this evening. lou dobbs as to whether, as supporter of trump, he can cover the president fairly. martha maccallum on the latest of the bowe bergdahl desertion trial. we hope you stay with us for the latest details. my bladder wake me up from my sweet dreams? thanks to tena, not tonight! only tena overnight underwear ...with its secure barrier system gives you.... ...triple protection from leaks, odor and moisture. tena lets you be you wion your certified pre-owned mercedes-benz, you can drive as far as you want for up to three years and be covered. so no matter where you go, your peace of mind and confidence will be as unlimited... as your mileage. visit the certified pre-owned sales event, now through february 28th. and learn more about our unlimited mileage warranty, only at your authorized dealer. mercedes-benz. the best or nothing. i'm 51 years old.m. when i was diagnosed with pneumococcal pneumonia, it was huge for everybody. she just started to decline rapidly. i was rushed to the hospital... my symptoms were devastating. the doctor said, "pam! if you'd have waited two more days, you would've died." if i'd have known that a vaccine could have helped prevent this, i would have asked my doctor or pharmacist about it. >> bill: "personal story" segment tonight. as has been proven beyond a reasonable doubt, there are a number of americans who will never approve of donald trump, no matter what he does. what about the opposite situation? what about americans who support him no matter what? here now, fox business network star lou dobbs, who is in that category. at least, so far. >> so far, so good. >> bill: you are an unabashed supporter of donald trump. correct? >> without question. without reservation. >> bill: so if he screws up, you, lou dobbs, going to comment?, what are you going to do? >> well, let's look at the reality. five days in, he has had an historic performance. he is fulfilling -- in that time, he has fulfilled more campaign promises than barack obama in eight years. look at what has happened with george w. bush. this is a president who is historic in his energy, his animation, and his commitment to his promises to the american people. t >> bill: you can't argue with any of that. he comes in like a tornado, he has done what he told hisis supporters he would do, at least partially, and you expect him to continue on that. >> exactly. >> bill: all right. but what if all of these things don't work? let me give you an example. you are an economic genius, or so your staff tells me. so he pulls us out of a trade agreement in asia, right? now, the folks don't know whether this is going towh help their lives are not. i don't even know. it's a crapshoot. >> can i help you? >> bill: no. because we don't know yet. >> [laughs]] >> bill: we don't know yet. but a year from now, we probably will know a little bit more. and let's say it wasn't a good deal. let's say china and america aree in a trade war. that is not helping either side. are you, lou dobbs, flag pin and all, going to criticize donald trump? or is your rooting interest too intense? >> my track record first. i have been blackballed by two consecutive administrations. first george w. bush, than barack obama. >> bill: why? >> because i insisted that you name the enemy. call the enemy radical islamists. >> bill: that was obama. >> no, that was 2002. it was bush. number two, why was i blackballed by the obama administration? because i called him on his immigration policies, his border security policies, as well as the fight against terrorists. >> bill: so those two guys. now, so much emotion invested in trump, if you have that, can you, if it doesn't work, say it hasn't worked? >> absolutely. i do it every day and have done in almost every day of myk, career. >> bill: when was the last timeh you criticized trump? >> the last time i criticized trump? early on, at one point, i thought he had exceeded himself in terms of some of his conduct. and i said so on the air. one time. >> bill: can you give me anof example? >> no, i can't recall what the example was. you are pressing me. >> bill: look, i am not disparaging you. >> you are. but it's okay. >> bill: no, i'm not. if you, in your heart, believe that he is the best leader for this country -- >> i know it rationally,el objectively, as well as in my heart. i >> bill: i don't have any problem with that.l. any problem at all. but if it doesn't work, he is a bold guy -- >> he is a bold guy. and i am milquetoast. i would never, ever suggest that power is making a mistake. let me say on the trade deal.st we've got 40 years of consecutive trade deficits in this country. every one of those reduces economic growth for this country, reduces jobs.ry more money is going out than is coming in. it is time to change that. we know that about so-called free trade. secondly, you cannot name one free-trade deal, quote-unquote,, that is free trade. that is not impaired by some sort of tariff or tax on those goods in those reciprocal agreements. >> bill: you know what, i tend to agree with this. >> in terms of national security -- >> bill: i tend to agree that all the stuff that we havena doe in the past vis-a-vis trade with foreign nations doesn't really help the folks. >> it doesn't help the middle class, which has been shrinking for 30 years. precisely. who is the one who has attacked the orthodoxies, the establishment? >> bill:ru me. >> donald trump. donald trump and bill o'reilly. >> bill: lou dobbs, everybody, there he is. when we come back, it is "talking points." the d-man has some thoughts on the super bowl, including lady gaga on the field to play. and mary tyler moore passes. we will have a salute to her in just a moment. ♪ ♪ why is there neverite, enough of it? a john deere 1 family tractor with quik-park lets you attach and go. imatch quick-hitch gives you more time for what you love. so it takes less work to do more work. autoconnect drive-over mower deck? done. they're not making any more land. but there's plenty of time if you know where to look. now you can own a 1e sub-compact tractor for just $99 a month. learn more at your john deere dealer. i wanti did my ancestrydna and where i came from. and i couldn't wait to get my pie chart. the most shocking result was that i'm 26% native american. i had no idea. just to know this is what i'm made of, this is where my ancestors came from. and i absolutely want to know more about my native american heritage. it's opened up a whole new world for me. discover the story only your dna can tell. order your kit now at ancestrydna.com. >> announcer: "the o'reilly fact >> announcer: "the o'reilly factor," the number one cable news show for 16 years and counting. >> bill: thanks for staying with us, i am bill o'reilly. in the "miller time" segment, on sunday, february 5th, the atlanta falcons will play the new england patriots at houston for the super bowl trophy and a load of cash. two hours before game time, i will interview donald trump at the white house. it will be a big day. joining us now from santa barbara, the sage of southern california, dennis miller. m you like the match-up, falcons-patriots? >> yeah, first off, billy, i had lunch with my dear friend nipper von wiesenberger today. he told me a great super bowl w joke. can i tell it to you? >> bill: i hope so. >> what is the difference between chuck schumer and tom brady? >> bill: uh-oh. what? >> tom brady is a patriot and a winner. >> bill: [laughs] >> all right. >> bill: nipper wrote that. >> nipper von wiesenberger. a local hawaiian kid. i heard today announced, the only thing about the super bowl so far, at halftime, they have now added ashley judd to recreate that poem of hers because he wants to show what will get you placed in the nfl protocol for concussions. so they will show ashley judd out there with the poem. that will show you what they are looking for in the way of being dinged. also i had another thought the other day when i was watching the woman's march. i think madonna is onto something with that hat, whatever they call the hat. that looked like a very safe helmet thing. you can fill those up with clay, billy, those two little prongs there, and the football players could run into each other. it would cushion the blow. you could call them cuddy hats. now, listen, as far as the game itself, bill belichick, you give him two weeks to prepare, it is like giving two weeks to einstein to get ready for "celebrity jeopardy." i think atlanta is a great team. but i just -- this is how good the patriots and brady are. i can't imagine them not winning. they very well could lose. but i can't imagine it now. that is how good they are. >> bill: the only way they could lose, the patriots could lose, is if somehow the balls get underinflated. and then they are like -- you can't even throw them at all and they have to run the ball every play. that is the only way. >> billy, we don't live in thaty time anymore. things are happening like this, the balls are overinflated. listen, sometimes, it's the team's time. i will go with brady.im unless, and i put this in as a caveat, unless pooty putin hacks the scoreboard. putin is all over this. he wants to get in there and hack the scoreboard. you never know. and ruin the count. but say this about brady, he is two eli manning passes, a miracle pass, and the manning pass, which was as beautiful as it gets, like a ben hogan 7 iron or something. >> bill: he's the best quarterback in the history of the league, tomm brady. >> have to say so. >> bill: i will tell you why, matt ryan, he is a fantastic quarterback. this guy, he is fantastic. >> i think it is going to be a great game. but i just can't imagine -- they just told matt ryan he has to face brady. that is the reaction right there. >> bill: lady gaga is picking the seattle seahawks to win again. >> billy, now that you bring up gaga again, maybe tony bennett's toupee could be a good safety helmet. would that be something that could cushion the blow? what were they called, the tribbles on "star trek," the episode when the furballs took over the t ship. >> bill: i don't believe tony bennett has a toupee. >> no, me neither. of course not.. that is solid hair. it has been solid -- and shatner too. no one has a toupee. we are fair and balanced here. >> bill: we give the benefit of the doubt. dennis miller, everybody. martha maccallum on deck. we will have an update on the bowe bergdahl desertion trial. also, will those violent protesters in d.c. actually be punished? martha, moments away. ♪ ir car insurance. any questions? -yeah. -how do you go to the bathroom? great. any insurance-related questions? -mm-hmm. -do you have a girlfriend? uh, i'm actually focusing on my career right now, saving people nearly $600 when they switch, so... where's your belly button? [ sighs ] i've got to start booking better gigs. coaching means making tough choices. jim! you're in! but when you have high blood pressure and need cold medicine that works fast, the choice is simple. coricidin hbp is the only brand that gives powerful cold symptom relief without raising your blood pressure. coricidin hbp. i think we could finally get youra bigger place. yeah, let me check my score too. try credit karma. it's free. credit karma. give yourself some credit. and they're absolutely right. they say that it's hot... when really, it's scorching. and while some may say the desert is desolate... we prefer secluded. what is the desert? it's absolutely what you need right now. absolutely scottsdale. >> bill: "back of the book segment," did you see that? two hot topics, beginning with the 230 protesters arrested o on inauguration day. [sirens wailing] here now to explain what may happen to them, martha maccallum, the anchor of the "the first 100 days," seen immediately before "the factor." so the d.c. authorities talked tough after they arrested theaf 230. any of them going to get punished, do you think? >> 217 were arrested on charges of riot felony -- felony rioting, which is more than five people involvedwh and more than $100,000 damaged. that is what they did -- more than $20,000. their damage was over $100,000, starbucks window, two banks, they set a limousine on fire, rode on the side of it, that thing was blazing up and down the street. they caused a lot of damage, bill, they will appear in court. many have them already. they have a court date for most of them that will be in february. a they were released on their own recognizance. many of them pleaded not guilty. but they will get their date in court in february. >> bill: but i don't know, thesg kinds of things always start out, yeah, we are going to getry them. then they plea bargain down, a lot of them not going to show up. if you are released on your own recognizance, a lot of people don't live in washington. i mean, they are back, they're not going to show. yeah, there will be warrants for their arrests. but right now, all 217 -- there were 230 arrested, but i guess 13 they let go or something? all are still charged with felonies? >> they are all charged with felonies at this point. >> bill: we want you to track to see how many of the 212 actually get punished. you kwow, it is just, this stuff doesn't even happen. >> under these charges, they could have to pay $25,000 in fines and up to 25 years in jail. the penalty, the potential penalties are steep. some people say they got swept up in the group unjustly. in some cases, that may be true. but there is a lot of video of these people. a lot of their faces were covered. so we will see if they can nail them down. >> bill: it's against the d.c. law too. you're not allowed to have your. face covered in washington. >> that's right. >> bill: you are charged for that. all right, president trump on the campaign trail made some comments about bowe bergdahl. roll it. >> we have guys like bergdahl who get caught -- i mean, he left. he was a deserter. he was a deserter. he was a dirty, rotten deserter. and we knew he deserted when we made the deal. now, why would you make a deal for a deserter? what would we do with sergeant bergdahl 50 years ago? that's right. boom. boom. >> bill: all right, so now his attorney is doing what? >> the attorneys put together a 28-minute tape, strung together all of these instances where donald trump called out bowe bergdahl, called him a traitor. you saw the rest on that tape. now they are saying that because he is a commander in chief, he has something called unlawful command influence, meaning that in a military court, he willet basically taint the jury. that they will all say, whether they voted for donald trump or not, that they are under his command and that they will be swayed by his opinion about this case.. >> bill: they want the casend dismissed. >> they want the case dismissed. >> bill: based on --se but he didn't say those things while he was commander in chief. >> that is gonna be histh argument.is he will say that he said those things before president, hasn't said them since. perhaps if he made some new remarks that said that he wants everyone to be fair and just, perhaps they would be clear. >> bill: what is the next hearing in this trial?ex >> april at fort bragg is the next appearance for bowe bergdahl. as you said, trying toed get pardoned by former president obama. >> bill: that didn't work. >> that didn't work. he will face these charges. he has a desk job right now, he is not under arrest right now. >> bill: is he in north carolina too? so he is still in the army, a sergeant. >> a clerk. >> bill: he's got his uniform every day, living and meals. in april, this thing has been going on forever. i mean, it's amazing how long it has been going on. let's have the trial, let's find out what is going on. we are not going to convict hims here, but we should have the trial. martha maccallum, everybody. thanks for leading into me with your fine show. i appreciate it. >> thank you, sir. >> bill: "the factor" "tip of the day," mary tyler moore passes and we will have a al interview, as well. as "the factor" continues all across the usa and all around the world. ♪ all aroununununun♪ like a human fingerprint, no two whale flukes are the same. because your needs are unique, pacific life has been delivering flexible retirement and life insurance solutions for more than 145 years. ask a financial advisor how you can tailor solutions from pacific life to help you reach your financial goals. if you have moderate to severe ulcerative colitis or crohn's, and your symptoms have left you with the same view, it may be time for a different perspective. if other treatments haven't worked well enough, ask your doctor about entyvio, the only biologic developed and approved just for uc and crohn's. entyvio works by focusing right in the gi-tract to help control damaging inflammation and is clinically proven to begin helping many patients achieve both symptom relief as well as remission. infusion and serious allergic reactions can happen during or after treatment. entyvio may increase risk of infection, which can be serious. while not reported with entyvio, pml, a rare, serious brain infection caused by a virus may be possible. tell your doctor if you have an infection, experience frequent infections, or have flu-like symptoms, or sores. liver problems can occur with entyvio. if your uc or crohn's medication isn't working for you, ask your gastroenterologist about entyvio. entyvio. relief and remission within reach. >> bill: back to "tip of the day." the glorious life of mary tyler moore in a moment but barnes & noble, a nice book. now... well, some women believe republicans want to reduce abortion so that becomes a rights issue. tough with your belief system? w that is your right. well, maybe we should all see what he does. does that sound logical and fair? quite a stat. there is no question about it. because it is mostly impoverished black people being killed, the political establishment, mostly democrats in chicago -- but a republican governor in illinois, doesn'tpl engage. nor does black lives matter. not everybody, dave, not everybody. but unfettered abortion in those precincts, they notice hillary clinton succumbed to it. what do you think? do we need to take a poll on this? no, we don't. "old school: life in the sane lane" out march 28th. ruler and all. same thing in china and korea. it was a brutal time. finally tonight, the "tip of the day". she was 80 years old, mary tyler moore passed away. direct cause of death not yet known. as i said before on "the factor," miss moore was an extraordinary presence. >> tell us what happened. >> it's hard to tell where to start. >> start from the beginning. >> well, i got there and they asked me if who gave me the documents. i said i can tell them that. he asked me why i wouldn't tell. i said that as a news man i felt i couldn't reveal a source.ld >> what'd the judge say? >> he was a very nice man. he said he respected my opinion and if you had a daughter, he would like her to be just like me. >> did he say anything else? >> yeah, he said if i didn't change my mind by monday, he is sending me to jail. >> oh, mary, honey. can i ask you a question? did anyone say any thing about my mileage? >> did you keep in touch with mary tyler moore? >> not in the past couple years, she's been very sick and not in l.a., where i am based. and i don't get to new york. >> you get along with her pretty well though? >> that whole cast. she was a great start. the most generous star you could ever be with. >> bill: that's what everyone said. mary tyler moore, a true american icon. we hope she is long remembered. factor "tip of thean day." that is it for us tonight. please check out the fox news factor web site, different from billoreilly.com. also, we would like you to spout off about the factor from anywhere in the world. if you wish to opine, name and town. word of the day, we want you to be pertinacious. you want a positive word? we would like you to be pertinacious. president obama is giving an interview to abc news and we will analyze that interview whether it was fair, whether mr. trump -- is that president obama, whether president trump was fair with abc news. president obama is out there putting somewhere. i am bill o'reilly, please remember that the spin stops right here. we will definitely be looking out for you. >> tucker: good evening and welcome to "tucker carlson tonight." president trump announced an inauguration crackdown. but is it enough? someone says he's already betraying his promises campaign promises. one of obamacare's chief architects is going to join us to discuss its decline and fall and to defend but first, a "wall street journal" report reveals that the tenacious but unverified 35 page dossier published by buzzfeed news. it had been co-opted by russian intelligence and hardly proves the documents liability to have its claims come from a businessman instead of intelligent sources. h

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