0 longer a problem in american elections must not be paying attention. >> bill: is hillary clinton already campaigning for the presidency? looks like it. charles krauthammer will weigh in. >> bill: caution, you are about to enter the no spin zone, the factor begins right now. hi, i'm bill o'reilly. thanks for watching us tonight. fair and racist. that's is the subject of this evening's talking points memo. many on the left say police and prosecutors are going of a black americans and putting all nonviolent in prison in a cruel unjust way. let me give you example of what's in play. in the "new york times" last sunday, nicholas kristof wrote a column about a tennessee man named edward young. he was recently sentenced to 15 years in a federal prison for violating a career criminal statute. mr. kristof says the sentence and outrage unfair at every level. young now 43 convicted of several burglaries young man then resolved he would turn his life around. released from prison in 1996, married, worked six days a week and raised four children in hixon, tennessee. then he became a suspect and burglaries storage facilities and vehicles in the area. the police searched his home and found the forgotten shotgun shells as well as some stolen goods. the shotgun shells according to kristof were given to young by nancht is against the law for convicted felon to possess guns and ammunition. so when police found the ammo in young's home he was charged in federal court. nicholas kristof wants us to believe that edward young is being put in a federal penitentiary for 15 years because he innocently held some shotgun shells. now, we asked mr. kristof to appear on the program this evening. he did not respond to that request. and i don't blame him. because here's the truth about edward young. he has a rap sheet that includes 22 felony charges. 11 violent because they involve breaking into a home or business. young was facing three state counts of felony burglary for crimes committed in september of 2011. tennessee authorities also say young brought his 14-year-old son with him while he was committing some of the crimes. if convicted under tennessee law, young was looking at far more prison time than 15 years. so he pleaded guilty to the federal beef. in effect, the federal authorities did young a favor the state charges were then dropped. somehow nicholas kristof didn't mention any of that in his column. so, a "new york times" reader is left to believe that the u.s. government put a caring father in the penitentiary for 15 years simply because he had a few shotgun shells in his possession. totally false. bogus. and that kind of propaganda is now all over the place. the left is hell bent on portraying the american criminal justice system as corrupt and racist. it wants americans to believe that the prisons are full of nonviolent onders like edward young. in addition, the left generally opposes aggressive police tactics to neutralize violent street crime. we will see that in a moment with new york city stop and frisk controversy. talking points well understands that no justice system is perfect and there is some unfairness in the u.s. criminal code. but the truth is, the truth is crime has dropped dramatically parch punishments delivered to criminal years. finally as every cops know criminals get away with most of the crimes they submit. tennessee a career criminal. worse, if we believe the authorities, is he corrupting his 14-year-old son. nicholas kristof wants us to feel sorry for this guy? good grief. and that's the memo. now for the top story tonight. let's bring in mr. young's attorney christopher varner who joins us now there khat, tennessee. and you say? >> first of all, it is highly unlikely that any of the state charges, which, as you pointed out, have never been proven or been dismissed, would have equalled what he received in the federal system. >> let me stop you there. i understand. >> probation. >> from the prosecutor in the state case that each charge against him held a maximum of 12 years. so, if you add it up, that's 36 years and they were going to bring more charges, including corrupting a minor, delinquency of a minor, and on and on. so, let me ask you this, courtroom. if young thought that this beef was unfair, why did he plead guilty? >> very simple. because all the government has to prove is that he had the shotgun shells and that he knew that he had shotgun shells. not that he knew that it was illegal for him to have shotgun shells. which it's actually unchallenged in the record that he did not know. it's also unchallenged in the record that he possessed them innocently. surely on a low level beef like, this you and any other defense attorney could have poked holes in this kind of thing. i mean, look, he pleaded guilty to the beef. the authorities on both the state and federal level said we did him a favor. he was going to go down on the burglaries. kristof even says in his column he had stolen property in the house. you know he did it i know he did it everybody knows he did it. so it's 36 vs. 15. and the guy has 22 beefs on his sheet already. and i'm supposed to feel sorry for him? tell me why i should feel sorry for him. >> it's not 36 vs. 15. the laundry list that you went through from the early 1990s resulted in exactly four years in prison. >> bill: no, no, no. he was facing in tennessee on the burglary charges, went to his house and found all this kind of stuff. they charged him with three, possibly more, and then there were going to be a laundry list to delinquency of a minor and all of that. facing at least 36 in tennessee. you know that this is what the state statute carries for conviction of these kind of crimes. this is 2011. this isn't 1996. why should i feel sorry for this man? >> very simply stated. with regard to the state time, it almost certainly would have been far less than the 15 years. >> bill: why did he he plead? you should have fought it on the federal level. had you a sympathetic judge. the judge didn't want to give him 15. democrat, a appointed by the clinton administration. is he a left leaning guy. you should have fought it you would have won. >> the judge is actually a former ausa and ask anyone around, is he not soft on crime. >> that's our report here. i'm thought saying is he soft on crime. you are right. is he not soft on crime. he doesn't like mandatories. he doesn't like mandatories. all right. but the fact of the matter is that you and your client put in, you know, you medicine guilty, you were facing horrendous state charges, he could have well received more than that with his wrap sheet, i will give you the last word, very simply, there is no way that you can successfully torture the english language to describe accurately mr. young as an armed career criminal. he has never even been accused of a firearms violation. >> bill: nobody said he was armed. violent felony as you know. >> armed career criminal under federal law. and he has never ever been armed. >> violent felony. >> never accused. >> violent felony under the law if you break into a home or business, that's considered a violent act. one more thing, what about the 14-year-old at the crime scenes? what is this all about? >> well, first to go back, you asked about -- no, no. no. 14-year-old at the crime scene, his son, kristof portrays him as a loving father, come on, what is this all about? >> he is he a loving father. >> and he bricks his kid to the crime scene and helps him in burglaries? are you denying he did that? it are you denying he did that? >> i'm saying assuming you are right, that certainly is not the kind of behavior you would want to encourage. there is no doubt about it. >> all right, counselor. okay. we appreciate you coming on. next on the rundown, many here in new york city are very angry over the stop and frisk tactics by the police. we will get into that in just a few moments. hero: if you had a chance to go anywhere in the world,