Fox News analyst Newt Gingrich joined The Factor and challenged part of the Talking Points memo. "You are giving up on government, which I think is wrong and un-American. Government can do a lot of things and can be successful in many ways." However, Gingrich agreed that all levels of government failed in recent days. "The Mayor had an obligation to see that the city bus system helped the poor leave the city, and failed to do that. The Governor failed to call for a state of emergency, and failed to see that there was enough help to get people evacuated. Then, when the feds came around they were too slow and ineffective. But I cannot agree with you that the answer ought to be to give up on government." The Factor again warned that people should not rely on bureaucracies. "Some things the government does well - our military is the best in the world. But the government can not help you personally, and that was my point. If any major city gets hit with a storm or a terror attack, the bureaucracy that we've set up to deal with it is not going to work."

Texas faces the challenge of caring for tens of thousands flood evacuees. Fox News host Greta Van Susteren reported from the Houston Astrodome, temporary home to 17,500 people. "There is enormous pressure on the city of Houston, but there has been a terrific outpouring of help from the people here. One of the risks is that there will be 'disaster fatigue' where everyone helps now, but two or three weeks from now we have to keep people's interest up. This is not a short term problem."

Six armed thugs shot at police officers in New Orleans, who returned fire and killed two of the attackers. Ronal Serpas, who spent 21 years as a New Orleans cop, tried to explain the mindset of the looters and killers. "There is an underbelly of thugs and criminals who saw this as an opportunity to explode. It's a group of folks who just don't care. I'm told that some of the people committing the most crime were saved by police officers from the flooding waters." The Factor was bewildered by some of the behavior. "I don't understand shooting at a medivac helicopter. I just don't get it. We want to see the looters and these people who fired at the police hunted down."

Fox News correspondent David Lee Miller provided a live update from downtown New Orleans. "The water is a toxic soup, the kind of stuff that can burn your skin. But this is a significant day because one levee has been shored up, another has been repaired, and the water level has already started to drop." Miller added that some residents are still refusing to leave, particularly dog owners who won't abandon their pets.

Next, Fox News' Anita Vogel reported from Jefferson Parish, where residents were allowed back to check their homes. "People were lined up for miles - some were very excited to come back and see what had happened. A few were pleasantly surprised to find that their homes were in pristine condition, while others suffered minor damage."

Finally, back in the studio, Fox News host Shepard Smith reflected on what he witnessed in New Orleans, and the performance of local officials. "When you run a city or a parish where you know that if a bad storm hits, you are going to be wiped out, you have to give the poorest and least capable an opportunity to get out. When you know that one out of five people has no access to cars, then you have to make buses available. They didn't offer those people a way out."

President Bush has nominated John Roberts to replace the late William Rehnquist as Chief Justice of the Supreme Court. Attorney John Flannery explained why he and some other liberal Democrats object to Roberts. "It's critically important that whoever is on the court respect the rights of the individual. And unfortunately, Mr. Roberts has a history of not respecting individual rights, whether it be a question of segregation or women's rights." The Factor disputed the notion that Judge Roberts is opposed to equal rights for all. "I have researched this man pretty thoroughly and I've never seen in anything he's written that he doesn't want African-Americans or anyone else to have total rights."

Cassandra Anderson, Las Cruces, NM: "Bill, just admit our country still has issues with black people. Those people stranded in New Orleans could have been left there simply because they were black."

Joe Langano, Cleveland, OH: "I feel this racial talk is hurtful to everyone. We are all Americans."

Pauline Arvesen, Victorville, CA: "Mr. O'Reilly, I have never written to a news organization before but I feel that Shepard Smith, Geraldo Rivera, and yourself saved lives in New Orleans."

Kent Holmes, Topeka, KS: "Bill, it appears the only difference between the oil companies and the looters are the clothes they wear."

Joe Marshall, Chattanooga, TN: "Bill, your idea that oil companies give up 20% of their profits is patently un-American. It would do serious harm to the economy and penalize those of us who have invested in those companies."

Debra Leopoldi, London, England: "Way to go, Bill. It is unbelievable that the oil companies did not immediately hold the line on prices. It's un-American to make record profits when people are suffering."