Guests: Fox News criminal analyst Rod Wheeler & Stephen Miller, Duke Chronicle

"Americans are interested in the Duke lacrosse story for a number of reasons. First, it's still a mystery - was the stripper actually raped and beaten? Second, it pits privileged white college students against a struggling black woman who has two children and a checkered past. Class, perhaps race, is a factor in this case. And third, the case is rare. It's not often that you see a scandal like this at a place like Duke. But if you look closely at the Duke situation, you'll see it's not so unusual, and that there's a thread that binds both the lacrosse players and the woman. And that thread is chaos. Duke University officials knew the lacrosse team often crossed the line, drinking and acting out in immature ways. One of the players charge, Collin Finnerty, may be a violent guy. Last year he was allegedly involved in an assault on a man for absolutely no reason. Fighting, drinking to excess, and generally ignoring social boundaries always leads to bad unintended consequences. Likewise, the 27-year old woman put herself in jeopardy. She has two young kids to support and no fathers in sight, so to make money she chooses to go to strange places and disrobe in front of strange men. Talking Points is not accusing anyone of anything or making any judgments at all. But if you put yourself in situations beyond your control, or if you choose to act irresponsibly, bad things will happen to you. It's not if ? it's when."

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For more on the case, The Factor was joined by Duke student Stephen Miller, a columnist for the college paper. Miller complained that many professors and administrators immediately sided with the young woman. "It's very unfortunate the way our teachers and university leaders chose to respond to the situation. Students woke up one morning, opened the newspaper, and were informed that we were a bunch of racists. There are far left professors who view the world as white versus black. They've already convicted these players." Former homicide detective Rod Wheeler, who has spoken with investigators in Durham, cast doubt on the prosecution's case. "The police do not think the credibility of the alleged victim is very high. Police have been unable to corroborate many of the things she said and witnesses say the young woman was intoxicated the entire time, which shoots her credibility right out of the sky."

Guest: Julia Renfro, Aruba Today

The Factor revealed details of an alleged conversation between Joran Van Der Sloot and brothers Deepak and Satish Kalpoe, which was supposedly taped last June, not long after Natalee Holloway's disappearance. If the tape is genuine, the three men were apparently trying to get their stories were in synch. Also, Aruba journalist Julie Renfro reported the latest on 19-year old Geoffrey von Cromvoirt, who was arrested last week. "Allegedly this young man had drugs on him when he was arrested," Renfro said. "People are saying that two of his colleagues could be arrested as well in connection with Natalee Holloway's disappearance, and all of this could relate back to Joran Van Der Sloot and the Kalpoe brothers. But at this point it's all speculation."

Guest: Immigration attorney Allan Wernick

Georgia Governor Sonny Perdue has signed a bill that will penalize employers who hire illegal aliens. In contrast, Arizona Governor Janet Napolitano has vetoed a bill that would have given police the authority to arrest illegals for trespassing. Immigration attorney Allan Wernick agreed with Governor Napolitano, saying the bill was not legally sound. "The big problem is that I don't think it would work. Also, courts have been very unfriendly with these state enforcement laws - they say this is a job for the federal government." The Factor asserted that Governor Napolitano was wrong to veto the legislation. "I am so angry - if an illegal alien is dealing heroin on the streets of Phoenix, it takes months to make a case. But under this bill they could grab the guy right away, and that is a good tool for law enforcement. Arizona is under siege, and I hope the legislature overrides the veto."

Guest: Author Bernard-Henri Levy

French author Bernard-Henri Levy spoke about the recent showdown in his home country, where protestors forced the government to back down from a law that would have given employers more flexibility in firing young workers. "My country is sick on this topic," Levy declared. "The youngsters said they were demonstrating against precariousness, which is crazy. Life is precarious. It is a cultural problem, and we are obsessed in Europe with the idea that life is a big highway with no exit." The Factor added that this episode reinforces the stereotypical view of the French. "This just makes France look weak. The entitlement society and the 'nanny state' has led people to think they are entitled to lifetime security." Levy expressed hope that his country will join any international effort to confront Iran. "We have to pray for Chirac and Bush to make an agreement. If we let Iran have the atomic weapon, it will be the biggest catastrophe of the world since World War Two."

Guest: Fox News military analyst Col. Ralph Peters

Some retired generals and many on the left have called for the head of Secretary of Defense Donald Rumsfeld. Fox News military analyst Col. Ralph Peters, generally a hawk on the war, agreed that Rumsfeld should step aside. "Things are going well in Iraq despite Donald Rumsfeld, who has lost the confidence of his subordinates. If the Bush administration could convince a knowledgeable man like Joe Lieberman or John McCain to come to the Pentagon, you would see morale soar." Peters also questioned Rumsfeld's integrity. "Rumsfeld is just dishonest. He says the Army doesn't like the fact that it's being reformed, but that's not what the generals' protests are about - they're about how the prosecution of the war in Iraq. One thing he's been consistent on is taking away money from the people who fight our wars and bleed, and giving it to defense corporations to buy junk. Rumsfeld needs to go." The Factor pointed out the possible consequences of a Rumsfeld departure. "I was one of the first journalists to call for the secretary to resign, but if he goes now it will create so much turbulence that it would take the military six months to recover. It would signal a defeat in Iraq - that's how it would be spun by the negative press."

Guest: Attorney Geoffrey Nathan

To protect the public, some states require that sex offenders register with local authorities. That had unintended consequences in Maine, where 20-year old Stephen Marshall found and murdered two sex offenders. Attorney Geoffrey Nathan argued that registries do more harm than good. "We should do away with putting everyone who is convicted of some kind of sex-related offense on a registry and then posting it on the Internet. It's a blanket declaration by the state that anyone on this list is forever guilty. Putting an electronic monitor on a sex offender is more appropriate. They shouldn't be splashed all over the Internet." The Factor countered that registries serve a valuable purpose. "I'm a dad and I want to know if there is a molester in my neighborhood. You don't think I have a right to know that?"

Many of you sent e mails about Massachusetts judge John McCann, who chose to give a convicted child molester probation. Some excerpts:

Giacomo Romoli, Exeter, RI: "These judges make peaceful fathers like me want to make justice by ourselves to deal with these predators."

Debbie Williams, Millfield, OH: "O'Reilly, you would do well to go after ambiguous laws rather than judges who are overwhelmed trying to figure out what the law is. Emotion led to the Salem witch hunts."

Jim McClain, Chicago, IL: "Mr. O, the judges and liberal media oppose Jessica's Law purely for territorial reasons."

Brad, Atlanta, GA: "I was raped as a child and feel we should boycott Massachusetts until the state begins protecting children."