Absolutely irrelevant. Some sportscasters coming down hard on Colin Kaepernick for not voting. We will tell you whats going on there. I dont want to hear a damn word about anything he has to say. Caution, you are about to enter the no spin zone. The factor begins right now. Hi, im bill oreilly. Thanks for watching us tonight. Anarchy in the streets. That is the subject of this evenings talking points memo. About 4,000 protesters took to the streets in portland, oregon last night. More than 20 arrested as radicals turned the demonstration into a disgraceful spectacle. [explosion] [shouting] [cheers] [chanting] i lived in portland, its a beautiful place, but run by permissive progressive people. They have allowed the downtown area to become a squat ters han full of drug addicts and alcoholics lay about sometimes menacing passers boy. Tough place to raise kids. Become ground zero for an arcky. The solution to violent protest is to charge anyone who hurts property or another person with rioting that is a class c flown in oregon carrying a prison term up to five years. Can i tell you that will not happen. Will not happen in portland. Most of those anarchists will receive no punishment whatsoever. And therein lies the very dangerous situation in this country. The election of donald trump has shaken the progressive community. In the space of four days, they have gone from having some power to nothing. President trump is not going to pander to the far left and they know it if the people believe political policies are not working they change the structure. And then we have the race component. In chicago, 49yearold david wilcox beaten by two men while a crowd screamed dont vote trump. You voted trump. You voted trump. Yeah. He voted trump. Pete his ass. Dont vote trump. Dont vote trump. Dont vote trump. Now that is a definite hate crime. But illinois does not categorize Political Violence in that way. And based on chicagos record those thugs who beat that innocent man will receive very little punishment. Thats why the windy city is the most violent place in the country. The progressive structure will not stop the madness. That display should cause every state in the union to classify Political Violence as a hate crime because thats what it is. California, iowa, west virginia, d. C. , louisiana, and South Carolina have already done that. Everybody else should get on it. Summing up, a free election should be respected. Those who harm other people and destroy property in the name of protests are criminals and society should punish them harshly. And thats the memo. Now for the top story reaction here in new york city eric bolling and geraldo rivera. What say you rivera . I think you are right on to something that it should be classified a hate crime. They were thugs. The book should be thrown at anyone who hurts people or destroys property. Ironically you mentioned portland being one of the most liberal cities in the nation it is. It voted strongly for Hillary Clinton. New york i got stopped, eric and i going to a play the other night and we couldnt cross sixth avenue. This were 1,000 screaming demonstrators. New york voted 87 for Hillary Clinton. So these people are destroying the property with those whom they have some political affiliation. And they are in sync with. It is so stupid for them to vent in the way that they are. Its really deplorable. What do you say, bolling. You are 100 percent right. I agree with geraldo. We respect the right to period oprotest. We get that peaceful protest. Even burn the flag. Wear the flag every day. Constitutionally protected. When you hurt someone or even in these situations where you shut down businesses, these are people who have risked their lives and livelihood and capital to open a business to put food on the table for a family the american way, Small Business you are hurting them too. What are you trying to prove here . They should do themselves a favor. There is a map that shows county by county across america who voted trump and who voted Hillary Clinton. There are few counties on both of the coasts that were heavily populated that voted for clinton. Vast majority on a county by county basis is red. Most of the counties voted for donald trump. Whoa, wait. We will get into the popular vote in just a moment. The hate crime thing i feel very strongly about. Every state. In fairness, bill, in your montage, you could have also included those schools where white students simultaneously started shouting white power, white power, build the wall. Build the wall. That was very small. That would be like. We condemn it across the board. You cant make a moral equivalence to what happened in portland, oregon, where millions of dollars in destruction and the police were put in harms way and Everything Else with some individual loans who may do appalling things. You cannot you have to. I saw water fountains where the kids had put colored people, white people. Those are disturbed individuals and they dont elevate up to a National Story as the poor guy in chicago who he saw obviously being attacked for the only reason of his vote. So im telling you, would either of you object to. More race. Every state categorizing Political Violence as a hate crime . Of course not. So you are for it . Are you for it. Both for it. Make a distinction between people doing saying despicable things and deplorable things being horrible. And kicking somebody in the head. And creating violence, breaking, causing destruction of property. Racism on a large scale or even a scale that is disturbing because of its explicitness. Well cover it but there isnt that right now. Now, i believe that these protests strength donald trump. These people who hate trump are trump. I have said that before the vote that the more the press helped trump the press by hating trump so much helped him. All people who respect the election even if they didnt vote for donald trump, they are going to feel sorry for trump and hate these people and go into his camp, right . I agree but i think nowadays incumbent on president obama and president elect trump to do more of what they did yesterday. Any have got to have the dignity and responsibility of that office. They have to this nation is rib ben on line. White working class tsunami that brought trump into the white house and the lack of black turnout. The brown vote fizzling i think that this is a divided country now, we have to bring people together and the more trump. I dont think we statement. Donald trump got more hispanic vote than mitt romney did or john mccain. He got almost the same amount he got more black and hispanics than romney got. All of this consume by yaw stuff we have to come together is bull. Its not going to happen. What will happen is if trump is successful economically, if is he successful economically and jobs for the working men and women of all color start to come back into this country, you will see racial tensions lessen. But do you really believe that can happen . Yes, i do. Talk to the economists. Now they are making fords in mexico and paying 10 an hour instead of 45. Cutting taxes will stimulate economic activity. One thing that i think he has floated the pest idea in which republicans dont even like is the trilliondollar freezing rain structure spending bill that he wants to start on right away. He has to get the money coming back from overseas to fund that. Fine. However. Private as well. You spend a trillion dollars on something we need in every Single Community in america. Which has been that trillion dollars on the wall . Would you spend that money on the wall. You dont have to mexico is going to pay for the wall. Mexico is going to pay for my tacos. They are passing the hat around. I dont know how well its going down there. Gentlemen, thank you. Next on the rundown, Hillary Clinton actually won the popular vote. Doesnt it matter . Take a look whether the election process should change in america . Later sportscaster stephen a. Smith very angry at collin kaepernick. We will find out why upcoming. Ugh. Heartburn. Sorry maam. No burning here. Try new alkaseltzer heartburn relief gummies. They dont taste chalky and work fast. Mmmm. Incredible. Can i try . She doesnt have heartburn. New alkaseltzer heartburn relief gummies. Enjoy the relief. Now that fedex has helped us we could focus on bigger issues, like our passive aggressive environment. Were not passive aggressive. Hey, hey, hey, there are no bad suggestions here. No matter how lame they are. Well said, ann. Ive always admired how you just say whats in your head, without thinking. Very brave. Good point ted. Youre living proof that looks arent everything. Thank you. Welcome. So, fedex helped simplify our ecommerce business and this is not a passive aggressive environment. I just wanted to say, you guys are doing a great job. Whats that supposed to mean . Fedex. Helping Small Business simplify ecommerce. Love or like . Naughty or nice . Calm or bright . But at bedtime. Why settle for this . Enter sleep number. Dont miss the semiannual sale, going on now. Sleepiq technology tells you how you slept and what adjustments you can make. She likes the bed soft. Hes more hardcore. So your sleep goes from good to great to wow give the gift of amazing sleep. Only at a sleep number store, right now save 500 on the queencse mattress with sleepiq technology. 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Campaign 2016 segment tonight. According to the latest count from the associated press, about 126 million votes were cast on tuesday. Four states, california, florida, and new york and texas made up close to 30 of that total. California alone had about 13 million ballots cast and more to come. Now the popular vote stands this way. Hillary clinton 60. 5 million, donald trump 06. 1 million. So just 400,000 votes separate the two candidates with more to be counted as i said. On the Electoral College front, arizona finally got its act together and trump won that state. So he has 290 electoral votes to Hillary Clintons 228. As you know 270 needed to become president. The question should the u. S. A. Change to a straight popular vote . Joining us now from new haven connecticut, teacher of law at yale the author of the book constitution today timeless lessons for the issues of our era. And louisville, kentucky louie greg. Author of the book securing democracy why we have Electoral College. Dr. Greg, you in your book say you favor the Electoral College. Please keep it simple so i can understand it why . Thanks, bill. I favor it just because what were seeing right now. We had a Spirited Campaign across the country. We had lots of people involved in it everybody got to be part of it. We had a duly elected president. What were not doing is recounting across the country with 400,000 or so difference in the popular vote. If we just went by the straight popular vote with almost 200,000 precincts in this country. We could be recounting across it country because if you change just two votes in every precinct you could change the election. What about folks who say listen, doc. 400,000 more americans voted for Hillary Clinton so the will of the people is Hillary Clinton and thats that . How do you answer . Its just a false statement. Bill, because the election was not about its not run to try to get the most popular votes that would have been a different lace. How do you say that both candidates try to get as many votes as they can. No, they didnt. Otherwise. They didnt . Trump would have gone to texas and would have planted himself in texas or orange county, california, which he never went to. All right, i see what you are saying. Whirl have plunked herself down in l. A. Strategic was to concentrate on electoral votes. You dissent. You have think straight popular vote is the best way to go, why . I do agree with the rules had been different the candidates would have played by different rules there are reasons to keep the Electoral College. I dont think the recount nightmare is the best reason and in 2000, the popular vote was nationwide was pretty clear but florida was razor and so was New Hampshire and other states that were close. So big states manage recounts all the time. I think there are reasons to keep the Electoral College but this one isnt. Whats the best reason for the popular vote . Federalism and democracy. Shear a federalism argument. We have 50 states. Theyre not stupid. They pick governors. Governors are like president s and none of them have Electoral College. Let me challenge. Count the votes equally. In governor races its a local situation logical situation people know the candidates better. Closer to them more accessment. National level forget about idaho and wyoming, hawaii, alaska, they dont count. As dr. Gregg just said you could just plant yourself in the major metropolitan areas, promise them the moon and you win. And the other folks are disenfranchised totally. Im not sure thats any different in texas or pennsylvania or california which have big cities and vast rural areas and so as i said i think there is an argument for the Electoral College but rural areas isnt it and recounts isnt it because you have got 50 states and we pick the people one person one vote and if its close we recount them carefully. Im Electoral College guy. I think its amazing that the Thomas Jefferson and madison and franklin and adams all understood the expansionary potential of the United States and said, you know what . We cant let boston and philly at that time and new york city dominate, we have got to give georgia and the other new states some say in this. And thats why they put the Electoral College, in doctor. Is it not . One of the reasons for sure. I think they wanted also to have sort of deliberative process of people that actually knew the candidates to make the decisions. Thats not how its worked it is democracy. The opponents will say its not democratic but it is. 51 elections in the states. You are absolutely right, bill. When you say that if you took off the Electoral College, these rural areas would not ever been considered again. Gone. And they would have though stake in it. Last word, mr. Omar. Since you mentioned jar. Rural issues. Since you mentioned georgia. One of the reasons if they did have it if had you direct popular vote nationwide the south would have lost every time because its slaves wouldnt count. But with Electoral College they did get to count slaves as part of the 3 5ths more attractive features of the population. Very interesting. We appreciate your point of views. Directly ahead Chris Wallace on how the press is covering now president elect donald trump. And then espn broadcaster stephen a. Smith hammering Colin Kaepernick. Moments away. See ya next year. This season, start a new tradition. Experience the power of infiniti now, with leases starting at 319 a month. Infiniti. Empower the drive. When it comes to heartburn. Trust the brand doctors trust. Nexium 24hr is the 1 choice of doctors and pharmacists for their own frequent heartburn. For all day and all night protection. Banish the burn. With nexium 24hr. Yeah. R when you said that men are superior drivers . Yeah, then howd id get this. Allstate safe driving bonus check . Only allstate sends you a bonus check for every six months youre accidentfree. Silence. Its good to be in, good hands. Personal story segment tonight. Beside myself Chris Wallace is one of the First National tv guys to announce that donald trump had a good chance to win on election night. Joins us from washington. Before we get to your per cass city, you talked to the New York Times earlier this week in an article they were doing and you told them to their collective faces they didnt cover the campaign fairly. That took some moxxy. And how did you arrive at that conclusion . I think and it wasnt just the New York Times although i did say it to the times about the times. I think a lot of the Mainstream Media just decided after the conventions that donald trump was beyond the pale. He was just not acceptable as a president and so, therefore, the normal rules of objectivity and fairness no longer applied in the New York Times case they would talk about flailing or desperate in a way they would never say about the Clinton Campaign verbs like lurched. This was not on the opinion page it was front page. Back to trumps deficiencies. Every article started thought a different way and all circled back. Bill i have got to tell you ev