The O'Reilly Factor
A daily summary of segments aired on The O'Reilly Factor. A preview of the evening's rundown is posted before the show airs each weeknight.
Tuesday, July 5, 2016
The Factor Rundown
Tuesday: Trump Reacts to FBI's Decision on Hillary Clinton
No Prosecution of Hillary Clinton
"Earlier today, FBI Director James Comey read a long statement regarding the investigation of Hillary Clinton's email and national security. He downplayed the negligence aspect of the case, but 'gross negligence' in handling national security is a felony. Fox News investigated the statute and found only one case prosecuted under it in 1986, and negligence charges were subsequently dismissed. So to be fair, Director Comey has legal history on his side. Comey also scolded Secretary Clinton in a way that has been rarely seen, saying she and her aides were 'extremely careless in their handling of very sensitive, highly classified information.' Combined with the chaos in Benghazi, where the American ambassador was murdered, the FBI's criticism of Hillary Clinton is withering. You would think Americans would want to elect a person with a record of competency, would you not? So that gives Donald Trump a big opening because, compared to questions about his competency, the email case blows that right out of the water. Trump University? Come on, no matter what happened there it doesn't come close to the FBI's scrutiny of Hillary Clinton's email situation. But many who support Mrs. Clinton simply don't care. They believe she is better for the country than Donald Trump so issues really don't matter. Same thing on the other side. Millions of Americans have already convicted Mrs. Clinton of many things and will never vote for her. The negligence thing bothers me even if there were no intent to subvert federal law. If you leave a child in a hot car and that child is harmed, you will be charged with negligence even if the action was unintentional. By minimizing the negligence issue in the Clinton case, Director Comey puts his agency under scrutiny. I am not casting aspersions on Comey's honesty, I believe he is a credible man and I don't believe he would tank an investigation. But the people are owed a more detailed explanation about negligence that put our national security in jeopardy. Finally, it is more than likely that the FBI tipped off President Obama as to what was going to happen today. That's not to say that Director Comey was working with the president in any way, but the bureau knew Mr. Obama was allowing Hillary Clinton to ride on Air Force One to a campaign event in North Carolina. So it is inconceivable that the director of the FBI and Attorney General Loretta Lynch would allow that to happen if Hillary Clinton was going to be charged. Summing up, the FBI says lack of intent to subvert federal law is the reason the agency is not recommending charges against Hillary Clinton. But Director Comey downplayed the negligence issue and that is very troubling."
Krauthammer Reacts to FBI's Clinton Investigation
The Factor asked Charles Krauthammer for his thoughts on the FBI's big announcement. "This troubles everyone and for good reason," he began. "There is a central flaw to the whole FBI argument in that James Comey hangs the entire reason for dismissal on 'intent.' But he also said she showed 'extreme carelessness' with highly classified information. I don't understand how that does not constitute gross negligence and the statute says 'intent' or 'gross negligence.' What he did was completely illogical because she has shown gross negligence." The Factor concurred, saying, "James Comey downplayed the negligence part of this."
Trump Reacts to FBI's Decision
Donald Trump took time out from campaigning to phone in with his reaction to James Comey's announcement. "This was surprising," he began, "especially when he was talking about all the great mistakes she made. It sounded like there would be no choice but to move on to some form of very harsh punishment, but they didn't do that. She had horrible judgment, she was sloppy, she was about as bad as she could be." Trump stopped short of accusing the FBI and Comey of politically-motivated chicanery. "I have such respect for the FBI but I don't understand what happened here. Everybody knows she's extremely guilty, but they said they won't prosecute. This has been a total miscarriage of justice!" When The Factor asked whether President Obama influenced the decision, Trump vowed that he will "look into it very strongly."
Was Hillary Negligent?
Legal wizards Kimberly Guilfoyle and Lis Wiehl scrutinized FBI Director James Comey's decision to not recommend the prosecution of Hillary Clinton. "There was one statute here," Wiehl stated, "where they did not have to find intent in order to have a felony charge. That's where I have a problem with Director Comey. He said 'no reasonable prosecutor would bring such a case,' but I'm a former prosecutor and I might have brought that case to a grand jury. He overstepped his authority." Guilfoyle agreed that Jim Comey seemed to contradict himself. "By his own admission, Comey made the case that she was extremely reckless, which is the same as gross negligence. The statute does not require intent, it only requires gross negligence. I think Comey is honest, but he made a grave mistake."
Kate Steinle's Family on Kate's Law
With the Senate finally ready to debate a stand-alone version of Kate's Law, The Factor welcomed Brad and Jim Steinle, brother and father of the late Kate Steinle. "This has been a year of heartache and grief," Jim Steinle said. "But we are strong in our faith and we are moving forward. This is about humanity and we feel that Kate's Law will save lives. If one life is saved, then Kate's life was not in vain." Brad Steinle urged the Senate to pass the law, which would affect violent illegal immigrants. "You have to take Kate's Law and separate it from immigration in general. You can't deny that it would be a good thing to keep aggravated felons off the streets." The Factor concluded, "I can't imagine anyone voting against Kate's Law because it protects all Americans, the Senate vote should be 100 - 0!"
Analysis of the FBI Decision
For one more take on James Comey's announcement, The Factor turned to Ron Hosko, former Assistant Director of the FBI. "I was surprised," he admitted, "because it seemed like James Comey was walking us toward an indictment, and then he walked us back. I worked with the director for about eight months, he is unquestionably an honest man and I am personally convinced that his ethics and his morality point true north." Given that, Hosko speculated on the Clinton decision. "The challenge for someone in Comey's position is that he's not just looking at an indictment not just through the lens of a 'probable cause' standard, but the higher standard of 'beyond a reasonable doubt' if you have to go to trial. The FBI had to decide whether it would be likely to prevail under that standard. If he didn't think he could get there, his obligation was to back away."
Viewers Sound Off
Factor Words of the Day
Jim McInteer, Wever, IA: "Bill, thanks for your determination in forcing the Senate to vote on Kate's Law. I've sent letters to Senators Grassley and Ernst informing them I expect the Republicans to support it."

Joe Gutierrez, Corona, CA: "O'Reilly, you would not be proposing Kate's Law if the alien criminal had been Irish or Caucasian."

Jim Schmidt, Las Vegas, NV: "To think any senator would vote against Kate's Law is an indication of how deeply Congress has sunk into the sewer."
Opine With Clarity
When asked to state your opinion on any subject, speak as articulately and clearly as you can, thus leaving no room for misinterpretation.