campaign in california is back by a very powerful force. we'll tell what you it is. >> mr. president. >> um-huh. >> you will not tell me that you think you could beat sarah palin? >> bill: and president obama confronted by barbara walters about sarah palin. >> what i'm saying is i don't think about sarah palin. [ laughter ] >> okay. >> bill: okay. caution, you are about to enter the no spin zone. the factor begins right now. ♪ >> bill: hi, i'm bill o'reilly. thanks for watching us tonight. there are traitors in america. that is the subject of this evening's talking points memo. whoever leaked all those state department documents to the wikileaks web site is a traitor and should be executed or put in prison for life. as you know classified information is now floating around the globe courtesy of the traitors and this despicable web site which which is based in sweden. the guy who runs the web site is a sleaze ball named julian assange who is bent on damaging america. since is he not a u.s. citizen it's hard for american authorities to move against him. we can prosecute those who leak the documents to assange, an australian. creb dibbably. president obama did not speak about the situation today. instead he outlined plans to speak about spending. why he has remained silent on the wikileaks situation is very perplexing. no question leaking secret documents is harmful to the country even if most of it is predictable like saudi arabia wanting us to bomb iran. and various heads of state being insulted by various people. the fact that the u.s.a. cannot keep its secrets secret anymore badly damages our intelligence gathering going forward. in this internet age some people are simply stealing documents using cyberspace. no country is safe from that kind of exposure. private first class bradley manning already under arrest for leaking documents. he worked as army analyst and was picked up a few months ago after the first wikileaks exposure. if guilty, manning is a traitor and should be given life and hard labor at a military prison. every american should be outraged by this situation. once again the president is not expressing any sense of urgency about it why doesn't he express outrage? why is he ignoring it? we live in a dangerous world. we must have secure plans to protect ourselves. but right now we don't. the whole thing is embarrassing and ultra, ultra disturbing. that's the memo. coming up, bernie goldberg will analyze the press covering the wikileaks situation. but, first, our lead story tonight, what county obama administration do legally to stop wiki leaks? here now attorney and fox news anchor megyn kelly. all right, the guys is in australian, assange. they tried to get him through rape thing in sweden. >> separate and unrelated to this. they say he actually raped and sexually assaulted a woman over there and possibly two. >> bill: wasn't that interesting that didn't come up until the first exposure on his web site. >> and he denies that. >> bill: i don't care what he denies or anything like that. they are trying to get him. they being the international intelligence community are trying to get him. but legally speaking, the united states options against this man are very limited. >> they are pretty limited. we can't go after him for treason because is he not a united states citizen. he owe no, sir allegiance to the u.s. i believe we can go after him for espionage. that statute is very broadly drafted. you basically have to gather, transmit, or receive defense information and have reason to believe that that information will be used to hurt america or help foreign countries. you have got him. >> bill: holder could draft an indictment, right? >> right. >> bill: then he could -- i don't know whether this guy lives in australia. >> now you are running into the problem. how do we -- >> bill: let's take one step at a time. holder came out today and was outraged. you heard hillary clinton on top of the show. i thought it was a recording -- with all due respect to her. it wases about b. as emotionless as you can get. >> she tried to down play it i think. >> bill: that's what i don't get. why are they down playing it? >> all i can guess -- dana perino was "fox & friends" this morning suggesting that maybe they should be tight-lipped about it because you don't want to make it into a bigger deal or give it more credence. >> bill: make it bigger front page of every newspaper in the world. >> don't want to have to act panic. >> bill: act tough and say if we catch you we are going to hang you or whatever. >> we heard some of that from holder. we are going to go after these guys wherever they are. >> bill: this is outrage. this is a recording. there is no genuine passion being shown by the administration. but let's get back to what holder can do. so, they issue an indictment, federal grand jury. they present evidence to the grand jury. the grand jury issues an indictment against assange. he lives in australia or sweden or wherever he is. >> we don't know where he is now. how are you going to serve it or effectuate the warrant. >> our intelligence communities will find him. >> so far so bad. >> bill: i believe they will. they will find him. and then they ask the government where he is living. wherever he is living. and once he goes to torah bora with our friend osama. >> right to. extradite him here. >> bill: extradite him here. that's the way to do it. >> what we could do if we got our hands on him and arrested him wherever he may be, we would exert our political pressure on that country to -- >> bill: absolutely. >> to send him back to the united states. you don't know what the policies are going to be. presumably since it's not a death penalty charge, there wouldn't be a huge issue in sending him to the united states. but it's going to be a tough thing to track the guy down and then. >> bill: let's let that play out. >> i think they are. for the first time it sounds like they are. listen, julian assange has not been a mystery to our government. he -- as of august. >> bill: why wasn't he indicted the last time? >> well, they have been looking at it. >> bill: see, this is what bothers me. i'm not being partisan here. i want everybody to understand that you tell me if i think i'm being partisan. i'm talking as an american. the guy does it in the spring. all right? >> right. >> bill: what you are saying is they could have convened a grand jury, presented their evidence, got an indictment then. they don't do it. then he does it again. now at a much bigger level. >> yeah. >> bill: all right. embarrassing the country, going forward, who is going to trust the united states state department. >> that's exactly the problem. who is going to talk to us. it's going to wind up on the front page of the "new york times." >> bill: holder once again, doesn't do his job, in my opinion. >> we don't know all the back channels but what i read online is that they have been working with foreign governments to try to find this guy. sweden is one that named him trying to put some pressure. >> bill: i can't believe my pal leon panetta the head of the cia can't find him. >> is he very well protected. >> bill: i can't believe they can't find him. maybe i'm wrong. the guy who allegedly leaked the first one manning. >> manning. >> bill: he is in deep, deep trouble. >> i think he is in trouble. >> bill: i will submit to you it's not just him. there has got to be other people leaking this stuff. >> i don't know. >> bill: they done it before. >> possibly. he is the one who is bragging online reportedly about how easy it was. about how he went into work with a lady gaga cd erased it and downloaded and talking about how easy it was. when hillary clinton found out she was going to have a heart attack about the number of confidential documents he got. >> bill: got to be more to it because they picked him up early. >> you would like to believe -- but the leaks. >> bill: i would like to believe it was just manning. >> the leaks that came out i think february is the most recent. could have been tied to this guy. i don't know how many people are involved. this guy manning hats not been charged with espionage. he can be and falls in that definition as well. >> bill: he is a traitor. >> treason is a tougher charge. he is a u.s. citizen so he has got that you have to levy war against the u.s. the courts have said needs to be physical war or you have to a appear to our enemies giving aid and comfort. very narrow. less than 220 treason convictions in this nation's history. go after him on espionage which i think they are afraid to do because that statute is written very broadly. might be found unconstitutional. >> bill: they have got to do something and today president obama didn't say anything which was stunning to me. kelly, thank you very much. we appreciate it? >> you bet. >> bill: next on the run down brit hume will tell us what president obama should do about the leaked documents. remember nikki diaz the illegal alien housekeeper who hurt meg whitman's election? wait u thas to the venture card from capital one, we get double miles on every purchase. so we earned an la getaway twice as fast. we get double miles every time we use our card. 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[ both ] ♪ oh what a relief it is! wherever you need it! getting an amazing like discount on a hotel with travelocity's top secret hotels. ahhh... the easy way to get unpublished discounts of up to 55% off top hotels. your fingers are quite magical. >> bill: continuing now with lead stories. documents leaked to web site based in sweden. president obama remaining silent on the topic for now. joining us from washington fox news senior analyst brit hume. are you surprised as i am the president didn't address it today when he had the opportunity to do so. >> i was a little surprised, bill; the more i think about it the more i think it's prudent for him not to say anything. if he gets up and beats his breast and acts all indignant about it it will only look worse when it becomes clear as megyn was just making the point there is not all that much that this president can do about it. and the long history of presidential efforts to plug leaks has not been a very happy one. it's hard to identify a case where a leaker was really found by president ordered investigation and you remember the watergate plumber's unit was originally engaged to plug leaks and ended up breaking the democratic headquarters watergate. >> bill: i think it's another p.r. disaster for mr. obama and i will tell you why. i said this to kelly. i'm not looking at this from an ideological viewpoint. i think this could have happened under a republican president, a democrat president, whatever. okay? that you got unsaviorry people inside the american intelligence apparatus. they download this stuff. they put it out. i don't think this is an ideological story. i'm angry as an american. i'm angry about it i'm angry at this assange, i'm angry whoever leaked it to him. i want something done about it as an american. i want my family to be protected from terrorists. i don't want the u.s. intelligence apparatus not to get any information because people fear that they are going to be exposed and unmasked. that's what's going to happen. i want my leader to say you know if we find you, you are going to be in jail forever or if i can put as into and your neck i'm going to do it. that's what i want to hear. again, he just says -- ignores it. hillary clinton one of the most robotic statements i have ever seen and then we had holder who inexplicably hasn't done anything to assange after the first wiki leaks things almost a year ago to. me, it's another occasion and i know i'm talking too much here but i am upset about it it's another occasion where the obama administration simply will not take will not show a sense of urgency to a very serious problem. >> bill, two points about that one is that i don't think it accomplishes a lot to auto show a lot of urgency about something that you can't do much that about. that's point number one. point number two is what you most want to happen once it's spilled out is you want the story to die as quickly as possible. the more you say about it, more indignant you act and noise you make about it the more it feeds the story and more public controversy around the world is aroused by it and the more people find out about it what you want to do, look, not only have we embarrassed ourselves as a nation by having this happen, but we have embarrassed a elevate friends and allies around the world. what they need as much as we do is for the story to subside. that isn't going to undo all the damage it will help to stop its per pettation for days on end. >> bill: i'm disagreeing with you almost 100%. i think that this is going to go on and on and on. and the lack of conviction then by the authorities, what happened to fear what happened to fear? >> how much fear can you generate by making a big statement about it? what needs to happen is something needs to be done. >> bill: you can get the guy assange. >> that's fine. need to do that. not make a statement you are gonna do it when you are not sure whether you can do it or not. >> bill: if i'm the president i'm going to find a way to get this guy. i'm going to find a way and tell the people -- i'm going to find a way to get him. i'm going after him and anybody who has helped him we're going to find him wherever you live we're coming to get you. i think there has got to be some fear element. i don't think there is anybody in the world that fears barack obama. i don't think anybody does. >> well, let's draw an analogy here with what happened after 9/11. president of the united states stood up and said we're coming to get you. >> bill: yeah. >> now, he didn't get osama bin laden who still remains as far as we know alive and at large. but he did back that up with some significant actions in afghanistan, which mattered and made a difference. this president, and that's why if anybody was going to fear him, it wasn't because of what he said, it's because of what he did. what this president needs to be able to do in a situation like that is do something. and it's not at all clear what he can do as i say. the history of presidential leak plugging is not a happy one. and i don't think it's unwise to speak -- to walk softly or speak softly and try to carry a bigger stick. >> bill: i disagree with you. >> i hear you. i get it. >> bill: aggressively go after these guys. tell the american public they are not going to stand for it and anybody who does this stuff is going to at least be in the eye of the storm. and then see if can you follow through on it rather than -- do you think it's really good politics for the president of the united states to ignore this story today, hume? do you really think that's good politics? >> on the matter of politics, it probably contributes to the effort -- to the image this president has had not infrequently of being passive. >> bill: yeah. disengaged. >> brit: that's right. it's a political problem. i don't think it's a substantive problem in this case. the substantive problem in this case is it is very difficult to plug leaks and the president doesn't have much of a history of successfully doing that and with this guy being a foreign national, out of this country whereabouts unknown, getting him is as megyn pointed out to you and you agreed is very tricky business. >> bill: try. good debate, brit. we appreciate it as always. directly ahead the illegal alien housekeeper who hurt meg whitman in california has very powerful backers. we will tell you who he they're. later, bernie goldberg on whether the "new york times" and others reporting the wiki leaks story did so responsibly. those reports after these messages. don't want to deal with a lot of flibbity-flab or mumbo-jumbo. sounds like you need to name your price. no gobbledy-gook? never. do i still get all the dagnabbit coverage i need? sure. we give you a quote and you can adjust your price up and down to find something that works for you. ♪ this things okey-mcsmokey skiddly-doo. great! i think. diggity. oh! still not sure. the "name your price" tool. only from progressive. >> bill: factor follow up segment tonight, the san frsco chronicle reporting that nikki diaz the illegal alien housekeeper who turned on california gubernatorial candidate meg whitman has a very powerful backer. the california nurse's association. apparently ms. diest went to that union in her attempt to hurt ms. whitman. the california nurse's association is a uber liberal union which did everything it could to do to hurt miss whitman including keeping her in the country with her three children. somebody is paying her bills. we haven't been able to establish who that is. with us is mary katharineham and juan williams. this is dirty politics to have that big union running this woman out there? >> well, you know, i don't know if you would say dirty politics. i would say "hardball" politics. i don't know if it's watergate. but in terms of distortion and smear, yes. what you have here is a strong, really it's part of that public sector union coalition cabal if you want, that's basically running the state of california at this moment. they are the ones that put all the money not only into jerry brown who defeated meg whitman but into barbara boxer and all the other democrats to try to hold up all the federal and state money that going into public union payments. when i say payments i mean pay raises and pensions that's bankrupting the state. they have a vested interest in keeping this going. now, the thing is, of course, meg whitman put a ton of money into the race as well. what we have here is a situation where they took advantage of this woman who was working in her house and the woman had not told her she was illegal immigrant according to meg whitman. they used that to sway hispanic voters who went -- 63-30. for jerry brown. >> bill: here's the deal, waterboarding. nurses around -- juan. nurses around the country don't have the reputation of being liberal people. there are liberal nurses and conservative nurses. the california nurse's association, this is in business to do far left activity. am i wrong? >> no. you are right. this is run by a former teamster. they are a rough group. what their whole purpose here is, is, again, public service. public service unions. >> bill: keep the phone flow coming. >> you bet. >> bill: no cut backs, keep the pensions, keep the benefits coming. mary katharine, juan says it isn't dirty politics it's hard ball politics. do you agree with that? >> yeah. we're hedging the line here. the proof is in the pudding when it comes down to it. they had gloria allred, the celebrity lawyer come to this woman's aid and allege all this abuse. it turns out there is a lot of evidence that she lied to her employer there is not much evidence if any of abuse. she ended up getting a payout in court with this giant celebrity lawyer. they weren't doing her a lot of favors in this situation by bringing her forward and presenting this. maybe juan and i have been in d.c. for too long because i am a