Have made clear that i am not going to express an opinion. Why not mrs. Clinton . If you are one of the countrys leaders, shouldnt the folks know what you think about the very controversial Keystone Pipeline . I danced around that pretty well. Caution, you are about to enter the no spin zone the factor begins right now hi im bill oreilly. Thanks for watching us tonight race and corruption thats the subject of this evenings talking points memo. The Justice Department will not file any civil rights charges in the ferguson case. You may remember that 18yearold Michael Brown shot to death by 28yearold Police OfficerDarren Wilson, a situation that led to rioting across the country. This is new Surveillance Video we are seeing from the night of november 24th in missouri. Hundreds of looters causing millions of dollars worth of damage. All because they believed in injustice had been done to Michael Brown or something. But a grand jury declined to indict officer wilson and now attorney general eric holder is doing the same thing. So what are we to think . Is holder a racist . Is his deputy who did the investigation gupta a racist . All of those people who committed crimes in the name of Michael Brown or judged officer wilson without the facts should be ashamed this evening. But, of course, most of them are not. We are living in a nation that is essentially unfair. Not because of income inequality or bias against skin color but because we the people often form judgments based on nothing. Talking points said over and over you cannot convict a fellow american of anything unless you know the facts. And now the facts have been established. No Justice Department civil Rights Action no indictment by a grand jury. The chart ton al sharptonton led the effort to crip tell the Justice System and impose a vigilante verdict in the case. Another terrible entry on sharptons resume. Now, lets turn to corruption. This man, 70yearold sheldon silver. Powerful speaker of the new York State Assembly under arrest tonight for corruption. Silver is a vial human being who singlehandedly blocked yes, jessicas law in new and imposed a culture of corruption on the state assembly that has embarrassed new york for decades. Finally, the Justice Department swung into action after Governor Andrew Cuomo shut down his own state investigation into public corruption. Mr. Cuomo never explained why he shut it down. And it is an embarrassment that will follow him forever. Attorney general eric holder is to be commended. Let me repeat that holder is to be commended for allowing the u. S. Attorney in new york to pursue silver. Over his decades in Office Speaker silver has amassed titanic political power but as alleged during that same time silver also amassed a tremendous personal fortune through the abuse of that political power. Now, it took decades to get sheldon silver. Talking points believes he will be convicted because this man has done more to harm new york state than any other human being alive. Hey shellie, its karma. Get it bud . And thats the memo. Now for the top story tonight. More details on the two situations race and corruption. With us attorneys and fox news analysts Kimberly Guilfoyle and lis wiehl. Are you surprised that the Justice Department is not bringing any charges . Absolutely not there was no evidence. When you looked at the evidence the grand jury got, you had eyewitnesses that were all over the place. But you have three forensic accounts. All consistent with the officer was shooting in selfdefense. There had been a tussle before that in the car and then shooting in selfdefense. So them to come out now from the Civil Rights Era the only reason he was shot was because of, you know, him coming towards the officer. It doesnt make any sense at all. You are not surprised . Not at all. There is still an investigation going on of the ferguson, Missouri Police department. There is. Total. Thats still in play. Right. Obviously, i tt this could have been handled better. I mean, i just have to say. Im not surprised either and this was an exhaustive investigation by the state department, was it not . By the Justice Department . By the federal Justice Department. This wasnt something where they just sort of glossed over the facts. They had access to all of the states investigation files, witness statements plus they ran their own concurrent investigation to obtain those statements. They came to the same conclusioned that the grand jury did. It must be under maybe the looters can bring the stuff back. You see, all the stuff that you stole. All right. Dishonoring by the way mr. Brown and his family. True. Maybe bring it back now. Okay. All right. Sheldon and silver. Long time coming. I know he this guy for decades. I used to report local news here in new york. They are holding him on 200,000. He made 200,000 bail. Thats a lot of bail. Its a lot of bail. They restricted his travel and privileges. They have taken his passport. He is not is he looking at tremendous amount of time. Its a five count indictment. Its a strong case against him. He is charged with using his influence and his position in accepting bribes. Specifically he was referring people to two new york small law firms. Lawyer. Right. That was the reasonable that he sabotaged jessicas law. He was making all this money. He didnt want that. He wanted the lawyers to be able to go in and plea down and all of this. But far and away. This guy silver was more powerful than the governors. Right. He hammered. Thats why he jessicas law. Its in new york. But its jessica law lite. Its watered down. Right. He was the guy who stood for were going to do it behind closed doors. Right. Were going to be, you know, and they finally got him. 8 million in kick backs. In kick backs. 3. 8 thats the allegation. Yes. Thats the allegation. We dont want to convict silver because then we would be doing the same thing that the protesters in ferguson did. But the evidence has been presented. Exactly. Over a long long time. Im willing to bet any viewer tonight that this guy is going to be convicted. All right . If you want to bet, you just write in to us. We will put your money in escrow and there it is. But anyway, this is a bad guy. Bad guy. Very serious case. He takes the biggest fall, Governor Cuomo who wants to be the president. Say Hillary Clinton gets hit by a truck and lets hope that doesnt happen right . Right. Lets say she does, he is going to run are. He would run. And he shut down the his own corruption investigation. While they were looking at this. They were getting too close to silver. They got him now anyway. But the feds had to come in. Once cuomo shut it down thats when lets give props to holder. Is he looking at spending the rest of his life behind bars, silver is for these allegations. Five counts, wire fraud, mail fraud, conspiracy to commit. Lets hope. He wont serve much time. I bet he will. He wont serve that much time versus. This is another good one for the Justice Department. New attorney general is a woman named Loretta Lynch all right . Now, here in new york, a man named there she is. Appear drew goodman, 30 years old. Molested two boys, 11 and 13 for four years. He got two years by this new york state judge martin murphy, all right . And murphy basically gave the finger to the whole state and said im not going to explain why i gave a child rapist two years. So so, the Justice Department just as they did with the silver thing, said new york state is out of control. Loretta lynch got in and said im going for sex trafficking charges. Because took him to jersey. To Atlantic City to see a kid rock concert and then later the allegation is molested him in a hotel 15yearold boy. Now looking at 10 to life. Right. Good. See, this is what the federal government went into missouri, and they said, you know what . If you are not doing the right thing by Michael Brown, we are going to get you. There was no evidence. They went into new york because cuomo bagged his own investigation. They got silver. And they came back to new york. They got this child rapist. Because the child gave them two years. He would have been out. That is what the federal government should be doing. Absolutely. And Loretta Lynch like you said is to be commended on this in the Justice Department. She went after it strong while he was still in custody. Got him held so he was never out. She is the hero and im happy that she is the new attorney general. And eric holder, i know i have been tough on you over the years, okay. I think you deserved it sometimes. This one, youre going out on top. Okay . Ladies, thank you. Nice. Next on the rundown, reaction to the ferguson Justice Department decision from two men who supported the protests. Later, another big scandal for the nfl as the new England Patriots star tom brady and his coach Bill Belichick have to explain whether their team cheated or not up ahead. Music. The getaway vehicle for all the confidence you need. Td ameritrade. You got this. Ive been called a control freak. I like to think of myself as more of a control. Enthusiast. Mmm, a perfect 177degrees. And thats why this road warrior rents from national. I can bypass the counter and go straight to my car. And i dont have to talk to any humans, unless i want to. And i dont. And national lets me choose any car in the aisle. Control. Its so, whats the word . Sexy. Go national. Go like a pro. With us richard fowler, a radio talk show host. He is he in washington. And reverend jack degraff Fox News Contributor here in new york city. Am i making any mistakes here . You heard my talking points memo. I think that the protesters and the looters and everybody else should apologize. First of all, the protesters and looters are not one in the same. No, they are not. The guys out there in the name of protests. The people who responded to the original miscarriage of justice in my view with the grand jury are not the people who were organized and were looting. Look there is good protesters and bad protesters but its all under the banner of protests. There were looters and protesters. The only reason the looters were out there was because of the protests against what happened in ferguson. That we agree on. Now, you say you still think there is injustice right . Right. But i accept the decision of the federal government. You have to. How do you know . You werent there. And now you have the feds and the state and the folks in the grand jury. But you still feel injustice. How would you know . I know because im an black american who has experienced disparities and who is part of a national moment. This country is up in arms because of injustice that didnt just happen in ferguson. It happened i want people to understand where you are coming from. So because you are a black man who has experienced racism in the past because of that, you transfer that feeling to a criminal case of which you know nothing about. No, thats not true. What i am saying is this the prosecutor in ferguson failed to do his job when he presented. Thats not what the feds said. No. But the feds didnt judge what the prosecutor. No, no, no. If there had been prosecutorial misconduct the feds would have come. In that thats not what the charge. The charge of the prosecutor in every instance in fifth states in america is to present charges for the purpose of an indictment. If you dont if you are not going for an indictment, you went present charges. The reason that holder went. In not holder the prosecutor in missouri. But holder went in to see if there was any misconduct by the state and local people. By the civil rights federal standards. How do you see it, mr. Fowler . Am i making any mistakes here . I think you are making one mistake that is critical to understanding how this case went down. The federal investigation wasnt about the prosecutor, bill. The federal investigation was about whether or not Darren Wilson violated Michael Bruns civil rights. And clearly, as soon as since the federal government has chosen not to prosecute, they are indicating that his civil rights werent violated. Dolls that mean that Darren Wilson didnt profile him . Of course it doesnt. We do know he did profile him. I think you both dont understand what the statute says. If any misconduct took place in the investigation, it doesnt it can go from the actual shooting to how it was prosecuted. Then the federal government could file civil rights charges saying that an american citizen, Michael Brown, rights were violated because the prosecutors didnt do their job or the police didnt do their job or whatever. They have a big tent to go into. But that wasnt the line of the federal investigation, bill. It has to be evidence to that. Yeah. There had to be evidence. And the prosecutor in missouri chose to say presenting that which would lead to an indictment that he would present all the facts and let the jury sort it out. No one does that. Under our Justice System, wait a minute, the Justice Department ruled that the investigation was on the up and up or they would have filed. Now. No, no, no. Wait a second, bill. Thats not correct. Yes, it is. Its absolutely correct. The Justice Department in their investigation was only investigating Darren Wilson and Darren Wilsons actions. Thats not true. It was a civil rights against Darren Wilson. Not against the prosecution. The prosecutor. It was the whole case. But. If somebody had bribed the grand jury, mr. Fowler, if somebody had given them money and the Justice Department found that out they would have brought charges. Thats a totally different case. Oh my god. Not to mention the fact that the grand your is suing the prosecutor pros tiewrl misconduct. The whole case. You guys are wrong, all right . You are wrong. At the end of the day. No end of the day. You cannot look at the it Michael Brown case in a vacuum. Thats what the reverend is trying to say. There is novak consume. Investigated the whole case. You look at Mike Brown Eric garner. That march rice. Black men killed innocently by police who are unarmed. Thats why people are protesting. And thats is why they are continue to say black lives matter. You simply do not understand we understand but we may not agree but we understand. You dont understand at all so i have to go away now. You dont understand. We dont agree. A federal intrusion. I definitely understand. We dont agree. All parts of that case were looked at. For any taint of corruption or unfairness. And there is no indictment coming down against anyone. And thats the truth. I have got to go. Directly ahead. White house correspondent ed henry on president obama feeling some heagle heat on the islamic terrorist front. And then Hillary Clinton says no to the Keystone Pipeline. She simply wont talk about it. Why not . Factor is coming right back. [ female announcer ] we help make secure financial tomorrows a reality for over 19 million people. [ mom ] with life insurance, were not just insuring our lives. Were helping protect his. [ female announcer ] everyone has a moment when tomorrow becomes real. Transamerica. Transform tomorrow. The lightest or nothing. The smartest or nothing. The quietest or nothing. The sleekest. Sexiest. Baddest. Safest,. Tightest,. Quickest. Harshest. Or nothing. At mercedesbenz, we do things one way or we dont do them at all. Introducing the allnew cclass. See your authorized mercedesbenz dealer for exceptional offers through mercedesbenz financial services. Push your enterprise and you can move the world. But to get from the old way to the new youll need the right it infrastructure. From a partner who knows how to make your enterprise more agile, borderless and secure. Hp helps business move on all the possibilities of today. And stay ready for everything that is still to come. Rd of the new dialing procedure for for the 415 and 628 area codes . No what is it . Starting february 21, 2015 if you have a 415 or 628 number youll need to dial. 1 plus the area code plus the phone number for all calls. Okay, but what if i have a 415 number, and im calling a 415 number . Youll still need to dial. 1 plus the area code plus the phone number. So when in doubt, dial it out white house insider segment tonight. Some feeling heat in the white house over the intensity of the islamic terrorism all over the world. Secretary of state kerry attended a conference in london about the isis terror group. But the Obama Administration isnt calling it isis anymore. Or even isil. The name has been changed. Joining us from washington chief White House Correspondent ed henry. What are they calling these savages now. Dash original arabic version and thats considered insult to the Islamic State. So it appears secretary kerry thinks words are going to hurt them. You have got to explain it better to me. So the new its not isil or its not isis anymore. Its dash thats what it is . Arabic version and it is seen as insult