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President Bush is being criticized for authorizing the National Security Agency to eavesdrop on Americans suspected of communicating with terrorists. The president claims he has the "legal authority" to order surveillance without a warrant, a point that was debated by legal analysts Jonathan Turley and Paul Rothstein. "I believe the president committed a federal crime," Turley said. "It is a crime to order surveillance or conduct surveillance unless you've gone to a judge. Federal crimes can rise to impeachable offenses." On the other side, Rothstein said Mr. Bush was probably within his rights. "It's a very close case, but the president is not entirely off the wall on this. The Constitution grants him 'executive power' and grants him the power to do things that are necessary to safeguard the country from foreign attack."

The eavesdropping story was originally published by The New York Times, which earned the contempt of Fox News analyst Newt Gingrich. The former Speaker of the House claimed this story is "a thousand times more dangerous" than leaking the name of CIA agent Valerie Plame, and accused The Times of harming the war effort. "No one at The Times seems to think there is anything wrong with providing this information that makes our job a lot harder and the enemy's job a lot easier. Does the Times have the right to print this? Yes. Was it the right thing to do? I don't think so." The Factor laid out the paper's apparent rationale for publishing the story. "The New York Times and the Bush-haters are doing everything they can to undermine this administration. And they will stop at nothing."

Gingrich also commented on the Christmas controversy and the latest salvo fired by veteran reporter Sam Donaldson. This weekend Donaldson said this: "Bill O'Reilly wants ratings. He wants to stroke the yahoos in his audience by saying there's a war on Christmas." Gingrich described Donaldson's comment as unintentionally revealing. "I don't think I've ever heard a more perfect illustration of the mainstream media's elitism than what Sam Donaldson said. He describes all these people as 'yahoos.' It tells you how elitist some people are in the media. You're the first secular person I can remember who has had the courage to stand up and take on this issue." The Factor suggested that the Christmas controversy has actually had some salutary effects. "Two good things have come out of it. Number one, we've won. And number two, this has exposed the secular media for what it is. For people who didn't think there was an organized left-wing bias, here it is."

Georgia's largest daily, the Atlanta Journal-Constitution, has been withering in its criticism of Republican Governor Sonny Perdue, most recently attacking the governor's call for Georgians to avoid travel to Aruba. According to the governor's press secretary Heather Hedrick, the paper is biased and out of touch. "The AJC's writing is so far left it has lost track of its readership. We think that is the reason it has lost 8% or its readers. That's more than every other newspaper in the country except the San Francisco Chronicle." The Factor specifically blamed the decline on editorial page editor Cynthia Tucker. "I think Ms. Tucker is dangerous. She has run the paper sharply left and is paying the price."

Barbara Walters, host of a two-hour ABC special about Heaven and the afterlife, joined The Factor with more about the program. "I think this is the most important special I have ever done," Walters said. "You will learn from leaders of every major religion what Heaven is like, and how you get there. It's a comforting thought, because no one wants to think life just ends here." The Factor pointed out the mystery inherent in the subject. "Nobody really knows what the afterlife is. I'm not going to say people don't believe what they're saying, but it is all speculation. But if there is a heaven, there has to be a hell."

The Catholic Church has largely refrained from commenting on the ongoing Christmas controversy, but Archbishop Michael Sheehan joined The Factor with his take on the subject. "There is an effort by the secular humanists to push religious values out of the way, and I am glad there is a strong commitment on the part of many people to emphasize the religious values of Christmas, and to be able to say 'Merry Christmas.' It isn't just limited to Christmas, but throughout the year many values that Americans believe in have been shoved aside."

Loretta Fitzgerald, Elk Grove, IL: "Bill, you did everything but get the pom poms out for Rumsfeld. Fair and balanced, not!"

David Blizzard, Gibbsboro, NJ: "Mr. O, I'd like to thank you for pulling no punches with Rumsfeld. The questions you asked gave me clarity on the Iraq situation."

Marvin Ensworth, Lee's Summit, MO: "O'Reilly, it was totally arrogant of you to tell Secretary Rumsfeld how to do his job."

Tim Hodsdon, El Paso, TX: "Bill, that was one of the most softball Q & A's I have seen. Rumsfeld didn't answer your questions."

Jeff Moore, San Antonia, TX: "Bill, outstanding interview with Rumsfeld! It's a shame some Democrats like Dean and Murtha won't stand for tough questioning."

Rebecca Herwig, Waco, TX: "Mr. O'Reilly, how could you be so rude to Donald Rumsfeld? I believe you were way out of line."