105 miles per hour, sustained down from 140 miles per hour where we were today. and it continues to make a little bit more of an easterly jog here that. is certainly good news for folks across the outer banks. however, some of the rain is moving on shore now. there are winds around 50-60 miles per hour. and as this band right here, is the last image right there. that is where struggle was winds are. we're likely up to 80 or 90 mimp going to get closer so i think around 2:00, 3:00 in the morning we're going to potentially see the worst of this. hurricane warnings in effect across outer banks. and then, we still have a hurricane warning in affect across areas of massachusetts. why in just a moment. we're going deal with three to five inches of rain not as bad across mid atlantic seaboard across new jersey. one to two inches. again, it's going to be moving quickly. by tomorrow morning, you'll notice this is kind of off of the virginia area. and there is still a cat two storm, then, tomorrow afternoon, staying farther east, not affecting the long island area, through new york city. by saturday morning, it's gone. one thing i wanted to point out this, line here is further towards east, maybe a slight mist in nantucket and martha's vineyard. and tomorrow night, right around 7:00 a.m. we're going to be talking about this again where the affects of the storm is going to have. >> all right. thank you for that update. where the storm is heading. he's just talking about the march north along the east coast. steve harrigan is live in virginia beach, virginia. steve, what can you tell us about what the storm is doing now? i can see wind is blowing. are you getting rain? >> no rain yet. the wind has picked up considerably over the past hour. trees beginning to move. nothing breaking or flying. white caps bigger, too. as far as mood here goes, governor has declared a state of emergency. there have been 200 national guard troops in the area, but not a sense after larm among people along the coast, especially tourists. they're watching away, seeing how big things are going to get. eye of the storm expected to be more than 100 miles off the coast. they're expecting up to 55 miles per hour winds here. part of the biggest concern is what this could do to a busy tourist weekend. there are several major events here scheduled in virginia beach. there is a large american music festival as well as a half marathon. about 50,000 tourists are expected here. getting here by plane might be the real difficulty. not concerned about this building but about lost revenue from a busy tourist weekend. back to you. >> and strong 55 miles per hour winds, those are strong winds, are people getting an idea why they're not really concerned now? watching everything? >> i think they're not really dealing -- feeling affects now. you can see people walking along the beach. today we did see residents boarding up windows with hard plastic or plywood but tourists seem to have a lacking attitude of the storm now, more curiosity than fear. >> since you're near a couple navy base what's is being done to secure ships in the harbor now? >> you're right. there is at least 60 ships in harbor here only during a real major storm there is a potential for huge damage will ships be sent out to sea. right now they're still in port. hoping to ride the storm out. >> all right. fox news correspondent thank you very much for that update. and we will keep tracking hurricane earl throughout the night. we'll be returning to the o'reilly factor if you're just tuning in it's still a category two, continuing northward. keep it here, again, we'll have coverage throughout the night. for latest headlines go to fox news.com. >> laura: hi, everyone, i'm laura ingraham in tonight for bill o'reilly. thanks for watching us. no time for talking points memo tonight. let's get right to our top story. on the immigration watch the obama administration filed another lawsuit in arizona this time against sheriff joe arpaio tough anti-illegal immigration guy. the feds say arpaio won't turn over records related to an investigation into claims that his department discriminates against hispanics. funny, since the feds don't believe illegals should be forced to provide documents to the police to prove they are here legally as we saw in their lawsuit earlier this summer against arizona. joining us now from boston is susan church, an immigration attorney. susan, battle of the attorneys here with you and me. i think the country is seeing this play out. and the majority of americans are finding it quite odd that the obama administration, which wants to be considered okay, we're tough on this border issue. we're gonna make sure we enforce these borders as best we can as we move forward. they hope to amnesty of some sort. meanwhile, they target the state of arizona with their tough anti-immigration law. they target it, file a lawsuit against the state. now a lawsuit against this sheriff who, as far as i can tell, is pretty popular in the state and is trying to do the job, frankly, that the federal government won't do. >> well, you know, whether or not sheriff joe is popular in the state doesn't really matter. sheriff joe is just another, you know, bull conner from birmingham, alabama standing at the schoolhouse steps trying to deny people equal protections of the law. whether or not people like it. >> laura: that's a fair characterization, susan. bo connor. when did joe arpaio hold fire hoses on hispanics in arizona. that is such a lame, typical left-wing, we're desperate. we're losing the argument so tar a man's reputation. now bo conner. that is what infuriates the american public about viewpoints like yours. >> let's go through what this guy has done. >> laura: he hasn't within convicted but you are convicting him. >> you want to hear? he has done gestapo like sweeps through hispanic neighborhoods looking for minor minor traffic violatedders so can he somehow find out what people's status is and arrest people. he has been asked for 15 months to provide documents that he is legally required to hand over to the federal government. and he has refused. why? because is he above the law. he doesn't have to follow the law. is he sheriff joe. is he supposed to be enforcing the law. not violating the law. >> laura: i think what his office has said, susan, is that, you know, this allegation against him is really nothing more than an attempt by washington to intimidate anyone who is on the side of enforcing these laws. and your comments about the sweep are frankly not born out by any evidence in the public domain. these are circumstantial, hearsay evidence that you are floating on fox to tar this man's reputation. he has a right to pull people over who he believes with probable cause are violating the law. at that point, his argument is that, well, they check immigration status as he was allowed to do when he was allowed to do it. okay? that's what his argument is. you might disagree with that but don't quingt him -- convict him on this channel. >> did he a sweep on the day the federal judge declared it illegal. so, he -- it's illegal to target hispanics, laura. i think you know that. >> laura: certainly he does not say he -- that's what you are saying is he doing. he doesn't say he is targeting hispanics. let's get to the broader point. this administration has, i believe, more in common with the vunts of president calderon of mexico than he does with the majority of this country that it's fed up with their failure to seriously enforce these borders. send the adequate help down to the border with national guard and so forth that is needed. people are fed up. and these lawsuits against arizona are absolutely infuriating to the majority of americans say, look, they are trying to do the job that the feds won't do. >> it's funny you say that about the border because the numbers just came out today that between -- between 2005 and 2007, the -- and today, the number of border crossings has gone down by 15%. illegal border crossings. >> laura: why is that? economy might be part of it? >> right. so here fox news is cob standpointly starting off as immigration as the number one threat to america when in reality in the last 10 years illegal immigration has gone down 66%. it's just not a threat to our every day life that you at fox news really want the american public to believe. >> laura: threat the every day life is an economy that destroys hope in the united states. that's a threat to every day life. i appreciate it, susan. thanks. could a g.o.p. titled wave in november swamp the obama pelosi machine in washington. we're going to talk to the eerily accurate political guru larry sabato. is he going to make predictions. some republican candidates are calling president obama a socialist who is way out of touch with the folks. will these claims stick and will they hurt democrats in the fall two legal analyst also be here. right thanks to t venture card from capital one, we gedouble miles on every purchase. so wearned an l.a. getaway twice as fast. we get double miles every time we use oucard. no matter at we're buying. and since double miles add up quick... romans! get em! 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[ indistinct shouting ] what's in your wallet? >> laura: in the impact segment tonight big political storm bureauing in d.c. could wipe out democrats in november. larry sabato is predicting that democrats could lose 47 seats and control of the house and at least 8 seats in the senate plus 8 governorships. obviously not good news if you have a d next to your name. dr. sabato joins us moo from my old haunt charlesville, virginia. joe trippi, fox news analyst and former campaign manager for howard dean. okay. i'm going to go to the professor first because i feel like i'm back in class and i need to learn something here. professor sabato, it just seems like it wasn't that long ago, right? that michael steele, ahead of the rnc, i mean this idea that we're going to win the house. i don't see that happening. boy, what a difference several months make. >> absolutely. look. the summer has been a disaster area for democrats. remember, they declared this recovery summer. and they believed it because i think many of their economic analysts in the administration told them that the economy really would begin to turn around visibly, that people would understand it, sense it, and that it would show up in november. well, here we are at labor day and it's obvious that the economy is in the doldrums. even if you have an uptick between now and november, i don't think people are going to believe it. >> >> laura: we're going to get into specific races in a minute. but, joe, let's say you are analyzing team obama right now. they just rolled out that recovery summer, obviously a huge disaster. we need a recovery from the recovery summer at this point. what do you tell them to do now? have you got the home stretch here. what do you do. >> i think stay out of it. help raise money. democrats who localize the their races have a shot at pulling their races out. the more the races become nationalized as they have within. particularly with the recovery summer not materializing, big mistake. that's how you are going to see the predictions that larry is making actually happen. he has been pretty right on for the last two cycles. have you got to take what he is saying. >> laura: too much agreement here. now, professor, let's talk about what happens in places like west virginia. i mean,way, who thought west virginia would be in play? obviously the death of robert byrd, now this matchup, democrat vs. john raese, a republican. could this state actually be going red, red, red now? >> well, look, it's strongly anti-obama. every survey has shown that really since the 2008 campaign. they voted substantially for john mccain just as they had for george w. bush in both 2000 and 2004. so, the anti-obama sentiment is what is driving that senate race in west virginia. now, we still have it leaning democratic. but leaning. earlier when the senator byrd died, and i realized that the governor, governor manchin would run i listed that as likely. some had it safe. that tells you the change that's taking place very quickly. >> this also gets to the point of localizing. the more governor manchin localizes between he and the republicans -- it's about obama. >> laura: how about unemployment. >> it's a national thing it's about obama and health care nationally and it's a big problem. manchin is popular. if he can make this local, he can win the seat. >> laura: momentum on the national issues, joe. i agree on politics loco, that's right. politics heavy inauguration of the president biggest legislative achievement is wildly unpopular health care we form. the democrats are being told not to run on health care reform. >> as democrats try to run locally, boehner does the smart thing, it was a gimmick but it was smart. fire geithner. fire summers. call on everybody to do that. that's nationalizing the race. now members of the coming and democratic side are sitting in their districts being asked about that brilliant ploy. it was a ploy. if you are a democrat, ignore that get local. if it's a personality, democrat against republican, a lot of these districts the democrat wins. >> laura: let's move on to california, professor sabato. republicans for years now said oh my god we are in electoral hole with california. we need to turn that around in order to have a real shot at a governing majority again in the presidency. now you have this debate last night between carlie fiorina and barbara boxer. some republicans believe she is not republican enough. and striking distance in boxer who is a good campaigner. how do you see that playing out? >> that race tells you, along with some other races everything you need to know. republicans are still in a big hole in careful. you know that. it's a 14, 15, 16 point democrat -- democratic state. not this year. the g.o.p. wave is such that the senate race is a toss-up. the governorship is a toss-up. and, remember, you have got a no, nominal republican, arnold schwarzenegger who is around 20% pop later. that race should have been over for the democrats a long time ago, but it's not. now, they may win the governorship and the senate seat in california, but this is going to be relatively close and that suggests what's happening across the country. >> right. and boxer is a tough campaigner. if she doesn't pull that out i think we are looking at possibly the senate. i mean, that's a sign that the senate is gonna flip to not just the problem we have in the house. >> laura: after six years of arnold schwarzenegger, how do the democrats come up with 70s we tread jerry brown in california? the world has gone mad. you guys come up with jerry brown. >> i worked for jerry brown. half full disclosure there. meg whitman spent $120 million. she is still in. we're ahead by a few points. >> laura: a lot of people spent a lot of money. american people are bleeding the money now. jerry brown? >> no, no. they. somebody -- i think they want somebody with experience. >> laura: will withers g.o.p. criticism about president obama hurt the democrats in november or back fire on the grand old party. two liberal an analysts on that. sarah palin heading to a big g.o.p. fund raisener iowa. let the 2012 speculation begin. let the 2012 speculation begin. right back with those reporor i was driving in northern california. my son was asleep i really didn't see it coming. i didn't realize i was drifing into the other lane. 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[ male announcer ] a world you can't predict... demands a car you can tru. the e-class. the best or nothing. that is what drives us. >> laura: in the unresolved problem segment tonight, are the mid terminologies shaping up to be a bare knuckled brawl, with the g.o.p. delivering political cross cuts against the president? well, alaska republican joe miller once down 30 points in the polls defeated the g.o.p. incumbent lisa murkowski in the state senatorial primary this week after vanquishing senator murkowski mr. miller took aim squarely at the president. >> if you had to in a sentence or two describe barack obama, how would you do that? >> bad for america. >> that's one sentence. you don't get that often out of a politician. on what do you base that? >> i mean, he is one of the major forces moving this country towards socialism. he is expanding the entitlement state. it is the wrong direction for america. >> laura: question, is this the right way for the right to beat the democrats in november? joining us now from los angeles is fox news contributor leslie marshall and from new york cathy areu, publisher of kathleen that magazine. ladies, great to sigh. let's get into this -- first of all, we're going to tackle the republican's rhetoric towards president obama. obviously joe miller is new to politics. somebody i had on my radio show back in june and july. people are like what are you talking about? joe miller, he has no money and he is down, i think at that point 27 points in the polls. i saw something in him that i thought was different. west point graduate. ph.d. from yale. you know, guy who is pretty straightforward, common sense kind of guy. what's your take on what he said on the other network last night? >> well, i think he is completely radical to say that obama is bad for america is just so silly, it's so radical all the way to the right. i don't think people are responding well to politicians who are so to the right. i think it was more of an anti-murkowski vote than maybe a pro-miller vote. i don't think people are going to respond well when they find out that is he actually bad for america. i mean, he is anti-funding for public education. he is anti-social security. is he anti- >> laura: how did he win he? won just because people don't like lisa murkowski? her name is like gold in alaska. incredible name recognition and incredible money. you can talk about that murkowski, whether you like her or not, she had the name recognition, the family history and the money. what miller had was palin endorsement, some of news talk radio, and he was able to have some last-minute momentum in an antiestablishment mind set. but what is your take on this approach to obama, where he is, and where is he taking the country. >> well, you know, laura, i think he and the republicans need some new material. i have not seen any republican try and repeal medicare, social security, two socialist programs saying that the president or any democrat in the white house is a socialist is old, ask the rnc for money and get a new speech writer. it's not effective in my opinion because it's been said before. it's getting old for certainly not democrats listening but for the republicans. it's splitting their party as i think we will see in alaska. alaska has a lot of independence. i wants don't want to hear the right to the right within the republican party kind of talk. see that in november. >> laura: i think the polls are showing that a lot of people do believe that barack obama's policies have been bad for america and what he said was his policies are taking down us down the road to more, you know, socialist government. socialist approach to things. more spreading the wealth, that kind of thing. i'm not sure in that interview he called him directly a socialist. you have to offer ideas. i would agree with you there. let's move ton to sarah palin and this vanity fair piece. and can you comment on this. i see the left absolutely besides themselves about sarah palin. this article goes into whether she good tipper. whether she has, you know, she is short on patience. i mean, the details this goes into and, yet, quoting nobody on the record. only one person quoted on the record in this entire piece. what gives? >> well, i believe the writer. i really believe that did he interview these people. just because he doesn't necessarily have names he didn't go around and interview wait staff and people who didn't get tipped by sarah palin. because sarah palin wouldn't talk to him on the record he had to go and ask the housekeepers about her and how lawyer law he didn't have an agenda? do you think leslie we're almost out of time. do you think that this type of article would ever be written in vanity fair with this type of bare knuckles approach about michelle obama, ever? >> michelle obama is not on a ticket. >> laura: how do you know, no, no how -- she is one of the most important political figures in the united states and best known, i would say, figures in the world today. they do all sorts of profiles in vanity fair, media figures. do you ever think that take that approach to michelle obama? why is it always palin? >> it's not just palin. hillary rodham clinton has gotten killed in almost every form of print media, even on the left for crying out loud for the years. if sarah palin plans on running in 2012 things like this will happen. did you ever notice it happens with women more so than men? >> laura: it would be nice if some of these brave souls actually went on the record. what are they afraid of? sarah palin? come on. great to he sue guys. coming up, militant takes hostage in maryland. shot dead by the police. the media are not talking about his obsession with al gore. why? ann coulter gets invite to appear on dancing with the stars. did she accept? she will be here to tell us. stay with us. ♪ [ male announcer ] at ge capital, we're out there every day with clients like jetblue -- financing their fleet, sharing our expertise, and working with people who are changing the face of business in america. after 25 years in the aviation business, i kind of feel like if you're not having fun at what you do, then you've got the wrong job. my landingas better than yours. no, it wasn't. yes, it was. was not. yes, it was. what do you think? take one of the big ones out? nah. over a thousanpeople a day switch to chevrolet. let's find out why. this malibu is sharp, has great mileage and offers onstar. the hundred thousand mile powertrain warranty caught my attention. it's the chevrolet summer event, which means the only thing left to decide is who drives it home. me! her. me! qualified lessees now get a low mileage lease on this malibu ls, a consumers digest best buy, for around $19a month. call for details. the switch begins at chevydealer.com. going great, babs. made it really easy for customers to manage their car insurance policy online. well, you know that's why we have 24/7 support, so customers can call us anytime. 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[ male announcer ] want a great deal on car insurance? go to esurance. >>. already creating problems. let's go live from the fox news extreme weather center with the latest. what can you tell us as far as what the storm is doing now? >> well, let me tell you what. we've got an active season coming. we have three we're watching one here is earlier this, is fiona, then, earl is one that is imminent for us now. you notice here on these last few images that center of the storm has been moving east, it's good news, what is going to spare the worst of this from coming on across parts of the outer banks. and they're getting very strong winds and winds up to around 50-55 miles per hour z very heavy rain. you'll notice these winds goring to be persistent out of the north. means we're going to be seeing flooding coming in from the sound not from the coast as you'd think of a tropical storm but coming in from the back side here, it's going to cause overwash of the barrier island. this is the latest on the path. you'll notice this stays well off shore but we notice by morning, and tomorrow afternoon, continuing to pull off towards northeast this track is keeping it farther off the shore from martha's vineyard, nantucket and the cape that. is welcome news, take a look at what we can expect. we thought we'd be dealing with maybe two to three hours of winds here across parts of cape hatteras. we'll see an extended period of tropical storm-force winds. latest from national hurricane center that, right there being nantucket this, red is the hurricane force winds, then moving out. by saturday afternoon weerk going to be in the clear. a lot of the eastern seaboard is going to enjoy a nice weekend. >> thank you so much for the latest on that. hurricane earl's path is going to take ate cross the eastern end of new york's long island beaches. they've been getting dangerous rip currents. some swimmers had to be helped out of the water, red flags are warning people to stay on the beach and out of the water. and and in long island there is a look at conditions there. what can you tell us about what it looks like there, right now? >> not that bad now. we're expecting rain to start falling after midnight. as rick mentioned the path of the storm is veering east meaning the only part of long island that might get the winds would be montauk. we're on the beach today. a beautiful day, sunshining and waves were very, very rough. so people were staying out of the water because water was closed to swimming. the officials on long island taking precautions and closing train lines tomorrow to make sure that people don't get stopped by drowned trees or power lines. there is power trucks and crews standing by but biggest concern, they tell us is keeping people out of the wafter. listen. >> the south side of the chances are 17 miles of beach. we only have live guard stations on less than 2% of that. we put a lot of personal responsibility on individuals to not only swim at your own risk but be cautious in storm environment. >> they also have 50 shelters ready to go with a thousand cots and a thousand blankets but don't think they'd need them of them. >> emergency official said stay out of the wafter there. is one group that loves it because of the waves, right? >> indeed. indeed. surfers and they're allowed in the water because their boards are floatation devices. when everyone else is headed for higher ground, surfers are heading out to sea telling us waves were long, choppy and rough, but interest to tl is nowhere they'd rather be, they told me, listen. >> there is six storms coming up now. everyone is happy and we might get slammed with a couple. but we can still surf. >> i don't think there is a season i couldn't go out. you've got to try everything, scare yourself, every day that. is how we do it. >> again, expecting a lot of rain and heavy winds tomorrow, weather should clear up in time for the weekend. >> all right. rick, thank you for that. we're going to keep tracking hurricane earl throughout the night. first, back to the o'reilly factor. laura ingram is in for bill tonight. >> laura: in the personal story segment tonight, an environmental militant shot dead in silver springs, maryland. 1:00 p.m. yesterday 40-year-old ecoterrorist james lee took several hostage at the discovery channel headquarters. somehow nbc news got this lunatic on the phone while he was in the building. >> no one has been shot. >> do you have a gun? >> i have a gun and i have a bomb. i have several bombs strapped to my body, ready to go off. i have a device that if i drop it, if i drop it, i'll [bleep] explode. >> laura: he was later shot and killed by authorities after he pointed his gun at one of the hostage. here is something you may not know if you are getting your news from the dinosaur media. this guy was a far-left loon in and a big fan of nobel prize winning environmentalists al gore. there is more. listen to cnn's rick sanchez trying to provide context for the hostage-taking terrorist. >> he is a bit of an ache tri vista. a guy who truly believes seemingly in his heart that he needs to do all he can to save the planet. most watching this would argue he may have taken it way too far on this day by endangering the lives of people in this building as he seems to be doing right now. >> laura: oh, you think he might have gone too far? joining us now from los angeles to discuss the lesson on this media coverage is ann coulter, best-selling author and purveyor of ann coulter.com. now, ann, when i watched sanchez yesterday providing this background, this context, in his heart he believed these things, i thought, you know, i would predict a lot of things some of these cable networks but probably not something that egregious. your reaction? >> don't pick on my friend rick sanchez. is he nice to me so he is nice to a killer. >> laura: excellent. >> is he just generally nice to everyone. i mean, there are going to be nuts who are fans of all sorts of things out there that church killer down in tennessee was citing bernie goldberg's book the craigslist killer was a fan of mine. so, i don't think you can jump quickly the way liberals always do to this guy was a fan of, you know, particular political view and then he killed someone. in this case well there are two points to be made. one is overall the political violence is heavily committed by liberals. white liberals, i might add. and, secondly, in this case the environmentalists nuts, this is their end goal. not just the ones who pull out the guns. it is the elimination of humans, as i described in great detail in my book "godless." you had that paul earl i think his name is population mom. >> laura: population control. >> yeah, yeah. predicting the end of england within 10 years. right now the sierra club is still recommending that book. you know, they want us to have fewer children to limit the number of growth of humans. we're not supposed to eat meat and eat grass. >> laura: save the whealsz, abort the babies approach to life, right? >> right. >> laura: this guy represented that mind set. i think you are right. conservatives don't go around extrap poo laght from the criminal acts of a nut and say okay, all liberals who are engaged in helping al gore are responsible for this. we're just pointing out the selective moral outrage expressed by the left and the american media which, if this shoe were on the other foot, this would be the news that would have probably swamped hurricane earl today. >> right. but it is more than that. i mean, they do not like humans. they don't want their there to be as many humans. they want there to be more earth worms. we have to shut down dams and allow people to live because humans are a blight on the earth. you can't say it is a direct extension from the left, i don't know, high tax policy that they are trying to kill humans. you can say that with the environmentalists. >> laura: yeah, also and remember at the emmy awards this week where jack can a kerr can a this is what they celebrate smt fancy culture. ann, we have to talk about all this buzz out there about you and dancing with the stars. were you, in fact, asked to go on dancing with the stars? yes or no? >> yeah, it was a while ago, actually. and i must say instead of -- i like the show. it's a great show. instead of saying no immediately, i did consider it for 30 seconds because they pay a lot of money to be on dancing with the stars. can i see why they get great people to do it but it's not for me. >> laura: ann, i have ski with you for all times you beat me down the hill you would have been great dancing with the stars. we would have paid seeing you dancing with tom delay as long as he didn't wear the brown spandex. you would have been great. ann, great to see you as always. >> thank you. >> laura: plenty more ahead as the factor moves along this evening. aclu wants a militant cleric off the u.s. kill list. you are not going to believe this story. later nbc news is at it again, richard ingle says saddam was on the verge of maybe becoming a moderate when we invaded iraq. we hope you stay tuned to those reports. copd makes it hard for meo breathe. but with advair, i'm breathing better. so now, i can join the fun and games withy grandchildren. great news! for people with copd, inuding chronic bronchitis, emphysema, or both, advair helps significantly improve lung function. while nothing can reverse copd, advair is different from most other copd medications because it contains both an anti-inflammatory and a long-acting bronchodilator, working together to help you breathe better. advair won't replace fast-acting hars for sudden symptoms and should not be used more than twice a day. people with copd taking advair may have a higher chance of pneumonia. advair may increase your risk of osteoporosis and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking advair. i had fun today, grandpa. you and me both. if copd is still making it hard to breathe, ask your doctor if including advair will help improve your lung function for better breathing. get your first full prescription free and save on refills. >> laura: in the factor follow up segment tonight, once again the aclu seems to be putting america in danger of giving aid and comfort to al qaeda. this week the civil rights group filed a lawsuit challenging the government's right to carry out targeted killings of american citizens who are accused terrorist overseas. as you know the obama administration has used predator drone program to go after al qaeda killers around the globe. joining us from richmond is civil rights attorney john flan merry. all right, john, you and i have been around on this issue before. now we have mr. al awlaki, an american citizen, who the president's team believes has been advising and aiding and assisting people like the fort hood attacker, bomber, assassin and the christmas day bomber it looks likes a well along with ambitions to do other things like this. now the supreme court has already ruled that the president has the authority, if an american citizen is an enemy combatant overseas if it can be treated as such. i don't know where the aclu thinks go from here. >> you trust the government put a finger on you and put death list in a country in which we had weapons of mass destruction and they didn't exist and we had pat tillman who was a hero and then killed by his own men. when they can't make those call hue legs i think they should be happy to fighting to keep you off the list. because all have to do is have email characters suspect. enemies list was bad. what is this? where do you shoot these people? if he shows up in london, does the american get to shoot him in the street? and the people are information. being prosecuted like northerly mall people. this guy is on a death list. >> laura: you are of the view then just so i understand where you are coming from then. you are of "the view" someone like khalid sheikh mohammed who killed thousand americans, mastermind of the attacks of 9/11, if, in fact, we had found him somewhere else that we would have to bring him to the united states and afford him due process under the law and the same with osama bin laden. don't take him out, bring him here? or is he special case. >> osama bin laden wasn't american stib for one thing. why are we talking about al awlaki who is the person, who is the subject of this list? how do they put people on this list? right now we're prosecuting one of the guantanamo people and what did that person do? >> laura: given the fact that eric holder actually filed briefs for the dirty bomber on his behalf, jose padilla, one would think that someone like eric holder would, and president obama, who, you know, known to be some right wing, you know, cowboys running around there that they actually have the information and congress gave them the authority when they invaded iraq to go after these people. you don't -- you don't think they are operating in good faith. >> i think they are operating from the position that power does corrupt. in the next segment, you will be talking against obama in. in this seeing. you are saying it's good that he would put people on a list and kill them like dirty harry. >> laura: you are saying they don't have any evidence against al awlaki all the intercepts that they had to go to court by the way. all the inner is september that they have in -- intercepts you don't trust them. >> no. i don't trust them and i don't have to trust them. we fought a revolution so we didn't have to trust them they had to prove if i am charged or you are proved with something we get to confront our accusers. we get notice of the charge. we got an opportunity to try. there is no immediate emergency. no one is walking toward a building with a bomb and blow it up and shoot them like we shot some citizen yesterday. there is nothing like that. >> laura: we have to make sure or have them actually committing an act of terrorism in the united states or the shooter yesterday actually had to shoot one of the hostage in the head before we could have acted to shoot him? >> he could have been in a war zone. that's not the case. the case is obviously not an emergency because he is sitting over in yemen and all we have to go on. >> laura: it's an emergency -- it's not an emergency unless we have america on fire again. we want to prevent that i think that's the point here. i appreciate that john. taking up the cause of the obama administration. bill o'reilly.com, premium members get to see bill's exclusive interview with lis wiehl. preview bill's new book pinheads and patriots. comes out september 14th. former iraqi dictator saddam hussein was on the road to moderation when america messed things up by invading. we're north making thumb. we're going to play that tape directly ahead. ♪ [ male announcer ] ever have morning pain slow you down? introducing bayer am, an extra strength pain reliever with alertness aid to fight fatigue. so get up and get goin'! with new bayer am. the morning pain reliever. with new bayer am. host: could switching to geico realis a bird in the handre on worth 2 in the bush? appraiser: well you rarely see them in this good of shape. appraiser: for example the fingers are perfect. appraiser: the bird is in mint condition. appraiser: and i would say if this were to go to auction today, appraiser: conservatively it would be worth 2 in the bush. woman: really? appraiser: it's just beautiful, thank you so much for bringing it in. woman: unbelievable anncr: geico. 15 minutes could save you 15% or more. >> laura: in the back of the book segment tonight, the dumbest things of the week is nbc news making excuses for saddam hussein? regardless of your thoughts on iraq, one thing most people agree on is getting rid of saddam was a good thing. some are wondering with nbc chief correspondent richard incorporate going doesn't miss the good old days when saddam was still around. >> if there had been no invasion, saddam would still be in power. he was probably getting more moderate. he was being welcomed into the -- into -- by a lot of european countries. he was being welcomed in eastern europe, in particular. he was heading in a direction of accommodation, the sanctions regime that was holding him in place was starting to fail. so, i think it would be somewhat of a basket case but it would be -- iran would be a lot more contained. >> laura: joining us now from new york is greg gutfeld host of the red eye and book "the bible of unspeakable truths." saddam was on the verge of having his own reality show. >> you have to figure out he said he would be more moderate. was he talking about alcohol intake? was he going to cut back on his booze? or was he only going to gas half as many kurds or tell his sons they could only rape women every other weekend or maybe he was becoming more environmentally friendly and use renewable car batteries when he electrocuted his citizens. we need to give specifics on what he meant by moderation. >> laura: i think he was clearly going green, greg. he was making inroads with iron iron -- eastern europe. what countries? poland? old czechoslovakia? what countries was he getting close to? i just don't recall that. >> he does have a point though. he said that if we didn't have the war, saddam would be more accommodating, which is true because you are more accommodating when you are not dead. it's really hard to buy somebody dinner when you are dead. so, in effect, is he actually correct by accident. >> laura: iran might not have been the problem it is today but the idea that he -- it was going to be saddam the milk toast if we didn't invade. i was desperately looking to follow that logic. you know, when nbc is involved, greg, all bets are off. all bets are off. >> can't stomach victory. have you got a war that you have won. enjoy it. >> laura: win something not fun. we're supposed to be america on our knees begging for mercy all the time. you don't understand that we need to apologize, greg. get used to it. >> i am. believe me. i'm married. >> laura: please do not forget for the true drama behind obama pick up my scorcher of "new york times" best seller "the obama diaries" on laura ingraham.com and book stores everywhere. pinheads and patriots is next starring actor michael douglas and crazy baseball brawl last night coming up. >> laura: finally, pinheads and patriots. michael douglas has played tough roles during his career now he's facing a daunting challenge in real life. >> i've got cancer. found out about it three weeks ago. >> i think it says a great deal to the hopeful outcome of this that you are just taking it head on for god's sakes. >> you have to. but this is the first week in the chemo and radiation. radiation continues to burn your mouth and it becomes more difficult to you can't take solids. the whole trip is not -- >> did they find it early enough for their liking? >> i sure as [ bleep ] hope so. >> laura: for keeping his spirits high they are fighting it. mr. douglas is a patriot. on the pinhead front. things got out of control at the game last night between the marlins and our team here the washington nationals. . >> announcer: he's charging the mound! morgan is coming after him! oh goodness! morgan at the bottom of the pile! both benches empty! morgan went after chris i think sanchez got a big piece of him. >> announcer: gabby got a good piece of him. stead stood his ground. >> laura: that picture was delivering a love tap at 90 be miles-an-hour. they get paid millions and can't show good behavior? all those players are pinheads. thanks for watching, i'm laura ingraham in for bill o'reilly. the

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