• With: Kermit Gosnell's attorney Jack McMahon

    O'REILLY: In his mind.

    MCMAHON: -- lives, human, babies.

    O'REILLY: Yes, I would just like to know what in his mind that he was doing. Because these babies will never ever exist on this planet, so I'd just like to know that.

    MCMAHON: Well, they were dead before --

    O'REILLY: Yes because he killed them.

    MCMAHON: -- they were dead before he did anything to them.

    O'REILLY: Because he killed them.

    MCMAHON: No, they're not. That was abortion. That was the abortion process. There's a big difference between the abortion process and killing.

    O'REILLY: OK. But abortion is killing the fetus. Abortion is killing the fetus.

    MCMAHON: Well, it's legal. It's legal, Bill, and you know that.

    O'REILLY: It doesn't matter whether it's legal. He still killed them. He killed them. It doesn't matter if it's legal, he killed them.

    MCMAHON: Well, it's legal.

    O'REILLY: I have one more question for you.

    MCMAHON: We're talking about crimes.

    O'REILLY: No, I'm talking about philosophy. One more thing. You injected race in this.

    And you said, the only reason that this might be happening is because the man is black. Do you stand by that.

    MCMAHON: That's not what I said but, yes, I said it was a racist and elitist prosecution. And I stand by that.

    There's people doing abortions all over the place and he was singled out, I believe, because he was African-American --

    O'REILLY: Really. You think the Commonwealth of Pennsylvania went after him because he's African-American? They don't like African-Americans in the Commonwealth.

    MCMAHON: I don't think so much African-American. I think it was because of the community that he served. It was a poor urban community and --

    O'REILLY: So, they don't like that community? The Commonwealth doesn't like that community, so they're going to get people in there?

    MCMAHON: If you think that there's no racism in the criminal justice system, you're a fool.

    O'REILLY: Oh, I might be a fool because I always go on provable facts, not speculation.

    MCMAHON: I do also.

    O'REILLY: All right. If you have provable facts that the Commonwealth of Pennsylvania is targeting doctors or anybody else in that community, I would like you to give them to me.

    Because that's right and I will do a story on it. Counsel, we appreciate your time very much. Good night.

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