"Secretary of State Rice was given a hard time by some Europeans because the CIA has used countries like Poland and Romania to house captured al-Qaeda terrorists. Europe will never learn. For eight years it stood by as Adolph Hilter rose to power on a platform of brutality and hatred. Europe did nothing to stop The Third Reich so Americans and British finally had to bail them out. Likewise when the Soviet Union enslaved millions of Europeans we had to bail them out again. So it is no surprise that many Europeans, especially the media, are soft on al-Qaeda. Back here, the far-left is just as bad. Here's how they want to fight terrorism: Give captured terrorists Geneva Convention protections so they don't have to say anything and can be treated like soldiers. Give captured foreign terrorists American lawyers and try them in civilian courts. Don't use coerced interrogation methods on captured terrorists ... even if they know about impending attacks that will kill innocent people. And don't use foreign nations to incarcerate captured terrorists and don't use Guantanamo either. Essentially the far-left wants every captured terrorist to have the same rights all Americans have, even if these people are captured killing people in foreign countries. No country can win a war like this. Thus, al-Qaeda will likely get another chance to slaughter thousands of Americans, and when that happens you will see a horrific backlash against the far-left and their enablers in the mainstream media, but not until then."

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Guest: Fox News correspondent Steve Harrigan

Rigoberto Alpizar, a 44-year-old American Airlines passenger, was shot dead by federal marshals in Miami. Fox News correspondent Steve Harrigan updated the story. "Some of the passengers told us this guy was running down the aisle of that plane shouting, 'I have a bomb, I have a bomb in my carry on bag.' He was pursued by federal marshals, told to get down on the ground. When he was reaching for that bag, he was shot." The Factor felt the marshals did the right thing. "If the guy is going to do that kind of a display, he's putting his life in danger. And if he indeed reached for something, then the marshals have to blast him."

Guest: Witness Stephen Flatow

As we reported, former Florida college professor Sami al-Arian was acquitted on eight terror related charges and there was a hung jury on nine others. One of the witnesses against al-Arian was Stephen Flatow whose 20-year-old daughter was murdered by a suicide bomber in the Gaza strip. Flatow described his reaction upon hearing the verdict. "I was sunken. I thought that the government mounted a very good case, a very detailed case. But after five and a half months of testimony, some difficult testimony, I guess the jury just couldn't connect the dots. I thought that the links had been made, but the jury obviously didn't." The Factor thought al-Arian would still be retried on the nine other counts. "Now a doubter would say well, look, we have freedom of speech here. And he's a Palestinian, al-Arian. And he can say whatever he wants, as long as he doesn't do anything directly, which is what I guess the jury found on these eight cases. Again, there are nine other charges that are still in play. And we believe he will be retried."

Guests: Columnist Ofari Hutchinson & Niger Innis, Congress of Racial Equality

The NAACP is going all out to save convicted killer Stanley "Tookie" Williams from the death penalty in California. The national spokesperson for the Congress of Racial Equality, Niger Innis, said he was shocked that people in the community would support Williams. "I'm surprised, outraged. In particular, in Los Angeles, who are victims of the Cripps and the Bloods warfare, the thousands of lives that have been affected by the vicious murders, drug dealing and being prisoners in their own neighborhood that Tookie Williams and his minions have caused to the black community, they're outraged." Columnist and activist Earl Ofari Hutchinson argued that Williams could be more effective if he were spared. "Williams has said over and over in his messages and tapes and children's books that look, I was a bad guy, I admit that. But I also say this to young people out there. Don't be like me. Don't join gangs. Don't do drugs. Don't resort to gun play. Don't terrorize your community. Be positive, be productive, be good role models. He's turned it on its head and says look, by me being alive, sparing me, granting clemency to me, I can be more of a force to do the exact same things that both I and Niger are concerned about." The Factor thought there was a chance Williams could set a bad example if he were granted clemency. "What if every convicted killer then said oh, I'm going to do the same thing. You know, I'm here. I'm going to die. I did a heinous thing. I mean, all these guys are going to say well, I'm going to do the same thing, and I'm going to help kids or write a kid's book, or write a poem for somebody, or say something nice, and then tell everybody I'm reformed."

Guest: Jonathan Turley, George Washington University

That organization is suing the CIA including former chief George Tenet for seizing a suspected terrorist, a German, and keeping him incarcerated in Afghanistan. 42-year-old Khaled el-Masri says he was abused and tortured over a five-month period before being released without charges lodged against him. Jonathan Turley, who teaches Constitutional Law at George Washington University, explained the ACLU's uphill battle in the case. "This is a real sort of Hail Mary play for the ACLU. I mean, you've got someone who, under the United States constitution, is not a person in the sense of who is covered by the constitution. And usually, when the courts deal with foreign nationals on foreign soil they do not extend jurisdiction to those individuals. So the ACLU is going to have to work hard to keep this in federal court." The Factor thought the ACLU was up to its old tricks. "Now it is my opinion, based on the ACLU's past, that they're doing this to try to embarrass the Bush administration, and I will take it one step further, to undermine the war on terror. The ACLU, I believe, is not on the Bush administration's side in the war on terror. They are opposed."

Guest: Radio host Howard Stern

In the Personal Story Segment tonight, a rare interview with Howard Stern. Over the next three nights we will give you a no spin look at Mr. Stern. The Factor chided Stern for needing extra time in the makeup chair. Stern replied, "I need makeup because I said that you are the Brad Pitt of this channel. And to really sit here with Bill O'Reilly and try to look good next to this handsome man, I said you'd better put a lot of makeup on me." The Factor wanted to know how Sirius radio, Stern's new home, would make any money. "So $80 and $100 million a year go into your corporation. You go on Sirius, the satellite radio channel. OK? How are they going to make a profit? What are they, 50 bucks for that thing, subscription?" To which Stern replied, "Is it my problem if they make a profit?"

Fox News Video: FoxNews.com

Guests: Plaintiff Shelley Lebel & Maryland Delegate Neil Quinter

Actress Jennifer Aniston has filed a lawsuit against a photographer who used high power lenses to photograph her in her own home. But video intrusion is also affecting thousands of everyday American women who are being photographed in embarrassing positions by strangers carrying tiny cameras. It happened to Shelley Lebel, who was having dinner at a Baltimore restaurant when a stranger took pictures down her shirt from a balcony. She described her feelings. "Not only was I a little freaked out and more than mildly disgusted, but, you though, you wonder what this person is doing with my picture and that it's been sitting in his cell phone for two weeks." The Factor recommended a civil suit. "You might want to send him a message." Maryland delegate Neil Quinter is introducing a bill that would make it illegal to take these kinds of photos in public without consent. "Right now Maryland law makes it illegal to take these secret videotapes in a private place like a bedroom or a bathroom or dressing room. But it doesn't protect women in public places."

Viewers weighed in on the al-Arian verdict:

K. Aleong, Tampa, FL: "The verdict may be the beginning of the end for this great nation. 'God Bless America' should be changed to 'God Help America.'"

Rick Klattenberg, Delray Beach, FL: "Bill, surely you're aware the USA is fighting al-Qaeda and al-Media."

Viewers reacted to the report on the media and the war on terror

Ernest Hampson, Pittsburg, CA: "ABC News most definitely walked a very thin line when reporting which countries housed terrorists. The Justice Department should investigate."

And one soldier chimed in from Iraq:

Dan McManus, Iraq: "Mr. O'Reilly, I learned something very interesting today watching MSNBC on the Armed Forces Network. We are losing the war here. I'm here and know we are winning. This makes me sick."