By Bill O’Reilly

As you may know, the "Fast and Furious" gun scandal has embarrassed the Obama administration and put Attorney General Eric Holder's job in jeopardy. Mr. Obama has invoked the executive privilege to prevent Congress from finding out whether Mr. Holder and/or his assistants were involved in the botched gun string operation that led to the death of a U.S. border patrol agent.

Now we he have another potential scandal that most media outlets will not report to you. On Election Day 2008 two Black Panthers stood outside a Philadelphia polling place acting in intimidating matter.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I'm just wondering why everybody's taking pictures, that's all.

UNIDENTIFIED MALE: Ok I mean --

UNIDENTIFIED MALE: I think you might be a little bit intimidating that you have a stick in your hand. That's why.

UNIDENTIFIED MALE: And who are you to decide?

UNIDENTIFIED MALE: No, no I'm an attorney -- I mean, that's a weapon. So that's why I'm a little worried.

UNIDENTIFIED MALE: And, who are you to decide?

UNIDENTIFIED MALE: I mean I am a concerned citizen. And I'm just worried that you might --

UNIDENTIFIED MALE: And so are we.

UNIDENTIFIED MALE: That's why we are here.

UNIDENTIFIED MALE: Ok. But you have a nightstick in your hand. I mean.

UNIDENTIFIED MALE: You've a camera phone.

UNIDENTIFIED MALE: I have a camera phone which is not a weapon.

(END VIDEO CLIP)

O'REILLY: Now based on that video the Bush administration filed a civil complaint against the New Black Panther Party for allegedly violating the Voter Right's Act of 1965. The Black Panthers subsequently did not show up for the court hearing and one was found guilty of a civil violation but not punished in any significant way.

The Obama Justice Department refused to pursue criminal charges against the Black Panthers although there was strong evidence that they did violate the law. Attorney General Holder saying there simply was not enough evidence to charge the men in federal criminal court.

But some believe that's not true. And politics allowed the Panthers to get away with it.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Was there any political leadership involved in the decision not to pursue this particular case any further than it was?

THOMAS PEREZ, ASSISTANT ATTORNEY GENERAL: No the decisions were made Loretta King in consultation with Steve Rosenbaum who is the Acting Deputy Assistant Attorney General.

(END VIDEO CLIP)

O'REILLY: Assistant Attorney General Perez who you just saw there is now in big trouble for making that statement. That's because the watchdog organization Judicial Watch filed a Freedom of Information FOIA and they received documents, they obtained evidence that Federal Judge Reggie Walton says indicates political pressure was in play.

Judge Walton writing, quote: "The documents reveal that political appointees within DOJ were conferring about the status and resolution of the New Black Panther Party case in the days preceding the DOJ's dismissal of claims in that case. Which would appear to contradict Assistant Attorney General Perez's testimony that political leadership was not involved in that decision", unquote.

Because of Judge Walton's ruling Mr. Perez may be investigated for perjury. But no matter what happens, this is another political embarrassment for the Obama administration and Attorney General Holder. It is widely believed that Mr. Holder blends justice with politics at times and we say that without any agenda.

Just last week "The Factor" praised the Justice Department for charging child rapist Andrew Goodman with federal crimes, circumventing a New York Judge's insane two-year prison sentence which would have put the monster back on the street within weeks. We'll have more on that in "Is It Legal" coming up.

So we are not anti-Justice Department people here. However, this Black Panther thing should have been prosecuted there's no doubt those people were intruding upon a polling place. The video proves it. And now we find out the decision not to prosecute had political implications. Very bad news for Attorney General Holder and his friend, the President of United States.

And that's "The Memo."

You can catch Bill O'Reilly's "Talking Points Memo" weeknights at 8 and 11 p.m. ET on the Fox News Channel and any time on foxnews.com/oreilly. Send your comments to: oreilly@foxnews.com.