"House Majority Leader Tom DeLay has stepped down from that position after a Texas grand jury indicted him for illegal campaign finance activities. Congressman DeLay is charged with criminal conspiracy, a felony punishable by up to two years in prison. DeLay says he's not guilty, and the prosecutor is an ardent Democrat, but anything can happen in a court of law. I've been critical of DeLay's fundraising practices in years past, when he seemed to be promising access to high White House officials in exchange for campaign donations. Of course, Tom DeLay is innocent until proven guilty, and the prosecutor Ronnie Earle does bear some looking into. So that's where we stand."

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For more on the indictment of Tom DeLay, The Factor was joined by political observer Larry Sabato and Republican consultant Kellyanne Conway. "Prosecutor Ronnie Earle has tried to do this six times," declared Conway, "and he's finally succeeded. What's disturbing is that Mr. Earle actually gave a speech and said he's going to be the guy who brings down Tom DeLay. That's inappropriate for a prosecutor." Sabato explained why DeLay is such a rich target for Democrats. "They dislike him because he's been enormously successful and is one reason why Republicans have retained their majority. And, frankly, because he's got a lot of rough edges. The political impact of this is major. For Democrats, this is one of the biggest things that has happened to them in their favor in a long time." The Factor questioned whether voters are paying attention. "There's definitely a chance Tom DeLay could be convicted. If he broke the law he should pay the price. But I don't think the folks care about this."

During a segment about President Bush's response to Hurricane Katrina, Congressman Peter King gave an on-air tongue-lashing to MSNBC's Chris Matthews Tuesday night. Here is some of what he said: "Chris, you are totally distorting reality, and you're wrong on this story. You should be ashamed of yourself. You've disgraced yourself and the media." King joined The Factor to clarify why he was so combative. "The mainstream media has gone over the edge. I found the whole tone, from the moment the hurricane struck, is that they were going after President Bush. They gave the mayor and governor a pass, but played up the race issue, as if President Bush doesn't care and he's responsible for poverty in New Orleans. They weren't reporters, they were advocates. They have a congenital impulse to go after President Bush. It's really disgraceful." The Factor wondered why Congressman King was even surprised. "With all due respect to our competitors over at MSNBC, it's a liberal tilting network like CNN. They're in the Manhattan circle that says Bush is dumb and evil and a bad guy. This is what they do all day every day. You're not just figuring this out, are you?"

An organization called the Secular Coalition of America has opened a lobbying office in Washington. Lori Lipman Brown explained that her group is there to give atheists a voice. "We don't believe in a deity. The coalition was formed because of concern about how much church and state are being mixed. For example, there's legislation that would allow someone in Head Start programs to be hired or fired because they don't have the right religious belief. And after Katrina, the big issues deal with federal money being used to subsidize religious organizations." The Factor endorsed the coalition's right to promote its views. "I'm happy the atheists have a voice. But I want you to be very careful and not violate my rights. I have the right to walk down the street and say anything I want about my religion, even if it's on public property. Just don't violate my rights and we'll get along fine."

Randall Hamud, author of a new book about Osama Bin Laden, urged the Bush administration to switch its focus from Iraq to Bin Laden. "We should transfer our forces to Pakistan and Afghanistan to capture Osama Bin Laden himself, which is what the mission should have been all along. I'll say it very succinctly - Osama Bin Laden should be dodging 140,000 boots on the ground. American forces should be in Pakistan looking for the most notorious enemy of our country. The Factor questioned the political wisdom of sending troops into Pakistan. "You're saying the United States should invade Pakistan. If that happened, we'd be fighting the Pakistani armed forces. They're a nuclear power, and I just think that might be a little bit over the top. President Musharraf would never allow that for fear he would be overthrown."

The New York Civil Liberties Union is trying to impede military recruiting in high schools. Attorney Michael Gross claimed the NYCLU is merely "monitoring abuses" and protecting children. "The school is a sanctuary and it's a privilege for recruiters to come in. We're talking about 16-year olds who are called and visited at their home." But Andrew McCarthy accused the NYCLU and other "civil rights" groups of being overtly anti-military. "I don't think there could be any other explanation. There's no reason for the military to conduct themselves in any way that would be abusive. These are the same groups that say 13-year olds have the maturity to decide whether to have an abortion." The Factor pointed out that no student or parent has even lodged a complaint. "There have been no complaints about military recruiters. Yet the New York Civil Liberties Union wants to monitor abuses where there have been no abuses. I don't know what the anti-military thing is, when these people are protecting our lives."

The Supreme Court has agreed to hear the case of former Playboy model Anna Nicole Smith, who wants a chunk of her late husband's $500-million estate. He was 89 when they married, she was 26. According to Fox News analyst Andrew Napolitano, the case revolves around a fundamental legal question. "It's about two trials that were going on at the same time in two different states. A California judge awarded her $87 million dollars based on her testimony about promises the old man made, while a Texas jury gave her nothing This is really a very serious case." The Factor jokingly pledged to cover this earth-shattering case to its conclusion. "We're going to send Judge Napolitano over to her house. And we're going to have to follow this case, as painful as it may be."

Terri Sontra, San Jose, CA: "My 7-year old daughter and I were returning from a bay cruise sponsored by her school. We ended up in gridlock because of the fair. Our car was surrounded by nearly naked festival goers and many other parents were in the same situation."

Todd Barket, San Francisco, CA: "If children were there that is the right of their parents. This is a large fundraiser for AIDS charities so it's hard to understand why it could be a bad thing."

Stuart Cohn, Greenbelt, MD: "Mr. O'Reilly, as a gay man, I want to thank you for pointing out that the behavior by some at the fair negatively affects the average gay person. Thanks for looking out for all Americans."

Frank Pucciarelli, Somerville, NJ: "Bill, you called San Francisco 'unique.' If by unique you mean sinful, then I agree - San Francisco is a very unique city."