"Finally the Bush administration is fighting back after getting hammered for months for using harsh interrogation tactics on captured Al Qaeda big shots. Former Vice President Cheney is angry, saying the tactics were necessary to keep America safe. Ultimately, you the American citizen have to make the call on this. I've already done that - harsh interrogation methods approved by the president alone must be an option when an attack on America is likely. But the far left and much of the media disagree, and they often use smears to defend their point of view. President Obama now says he might support a bipartisan investigation of the Bush administration. Talking Points believes that would polarize the country and damage Mr. Obama's presidency big time. It did, however, take the Bush administration far too long to begin defending itself in this area. But now the battle lines are drawn and Americans need to take a side. Our lives were in danger after 9/11 - that is the context of the interrogation debate. Where are you on it?"

The Factor asked Stratfor.com intelligence analyst Peter Zeihan whether water boarding and other harsh techniques were warranted after the 9/11 attacks. "Torture is good for 'specific threat' scenarios," Zeihan surmised, "when there is a person in your custody who has specific information about a specific attack. In that situation, and that situation only, torture makes a certain amount of sense." But David Rittgers of the libertarian Cato Institute challenged the usefulness of water boarding. "Certainly the detainees said some things that were true, but they also said some things just to avoid being drowned. They sent us on a bunch of wild goose chases and we could have gotten the same information by following the time-proven techniques that interrogators have always used." The Factor reminded Rittgers that there were imminent threats against America. "Vice President Cheney contends that what was gleaned from Khalid Sheikh Mohammed and others saved American lives."

The Factor welcomed Fox News military analyst Col. David Hunt, who critiqued the rescue of American Captain Richard Phillips from Somali pirates. "It took too long," Hunt complained. "The end game was great, the Navy and the SEALS were competent as always, but this kind of rescue never should have taken four days with the capability this country has. The problem was that between the president and these great SEAL snipers were about fifteen separate headquarters and there was a disagreement about the rules of engagement. Presidents should not be involved in technical and tactical decisions."

Miss California Carrie Prejean may have lost the Miss USA contest because she said marriage should be "between a man and a woman." One of the pageant judges, openly gay blogger Perez Hilton, called Prejean "a dumb b----." Gay activist Wayne Besen entered the No Spin Zone and argued that Prejean disqualified herself. "When she made those comments," Besen said, "she entered the political arena. I applaud her to have the courage to do that, but I was offended and millions of people were offended. I find that to be bigotry." The Factor interrogated Besen about his own tolerance. "If someone doesn't support gay marriage, you are not going to tolerate their point of view. You are saying that in a beauty contest, if someone supports traditional marriage they are not eligible to win. You have to toe the line politically to be a beauty pageant contestant? She was punished for giving her opinion!"

Featured Book: Anything but Straight: Unmasking the Scandals and Lies behind the Ex-Gay Myth by Wayne Besen

Body language expert Tonya Reiman began with footage of an interaction between President Obama and Venezuela President Hugo Chavez. Although there was no audio on the tape, Reiman gleaned that President Obama was lecturing Chavez. "He's standing and he has the height over Chavez," Reiman pointed out, "so instantly he gains power. President Obama is pointing and touching Chavez, and the forward lean is indicative of someone who is having a stern conversation. There are no smiles and there are signs of aggression on the part of President Obama." Reiman also watched a clip of CNN reporter Susan Roesgen arguing with a 'tea party' protester. "One of the first things I noticed," Reiman said, "was the aggressive movement she made toward the person she's talking to. This was instigative, she was looking for an argument."

Legal aces Lis Wiehl and Megyn Kelly got into a heated argument over a school in Tennessee that blocks student access to gay-themed web sites. Kelly sided with the ACLU, which says the block is discriminatory. "Parents who have gay and lesbian children in the school," Kelly explained, "are asking why they are being blocked. They don't want porn, they want information and they can't get it. It would be the same as if they said there were no access to sites about black people or Jews. You can not target one group." But Wiehl argued that the school is absolutely correct. "I don't want sex in the schoolroom at all, it is not appropriate. These computers are on school grounds and they're just saying don't use public property for this." The legal wizards switched to Utah, where two 11-year-old boys were suspended from school for viewing pornography in class. "They were looking at porn," Wiehl said, "on a classroom computer and showed it to the class. The students shouldn't be charged, but the school may face liability."

The Factor introduced a previously-aired Great American Culture Quiz between Steve Doocy and Martha MacCallum. The subject was John Wayne, and these were a few of the questions: "Why did Wayne never serve in the military?" ... "In what film did Wayne play Davy Crockett?" ... "What was Wayne's real first name?" To the surprise of everyone, especially Doocy, Martha displayed an encyclopedic knowledge of all things Duke and swaggered off with a one-point victory. The entire GACQ is here on BillOReilly.com under "Fun Stuff."

Tuesday's Patriot: Actor Hugh Jackman, who is soliciting suggestions as to how he should donate $72,000 to charity. And the Pinhead: The father of the little girl who starred in "Slumdog Millionaire," who reportedly tried to sell his daughter.

Eileen Pileggi, Chester, NY: "Because of GE's policies, I will not buy their appliances any longer. Immelt's behavior is outrageous."

Sel Graham, Austin, TX: "After hearing MSNBC brand me as a racist, this World War II vet would like to ask Tom Brokaw if I am still one of the 'Greatest Generation?'"

Allen Crary, Broken Arrow, OK: "After watching the Garofalo clip on NBC News branding tea party protesters as racists, this repairman will not work on GE machines."

Karen Donnelly, Louisa, VA: "It took me a while, but I am totally done with NBC."