More than 50 million phone numbers are now on the new do-not-call list (search) designed to stop telemarketers from intruding on your life. Overwhelmingly Americans want these people stopped.

But federal judge Lee West in Oklahoma doesn't care about what you want. He cares about his ideology. Appointed by Jimmy Carter, West sees himself as a First Amendment protector so he found a way to help the telemarketers and override the will of the people.

In an insane ruling, West said the Federal Trade Commission lacked the authority to administer the no-call program, threw it out. Well, in the face of that naked politicking, the House today voted 412 to 8 to give the FTC the power to stop the telemarketers. And the Senate has now followed. All of that time and money wasted because of one foolish judge, just like the California recall.

Well, much more serious is a ruling by Judge Leone Brinkema that the government allow the lawyers for accused 9/11 terrorist Zacarias Moussaoui to interview captured Al Qaeda leaders. If the judge's order were obeyed, the feds believe few captured terrorists would ever talk again because they fear reprisals for their families. It's logical.

Now I predicted this chaos in July of last year.

(BEGIN VIDEOTAPE)

O'REILLY: If he says he's Al Qaeda, was in on a terror attack, fine. Lock him up for life or execute him. Now I understand that bending over backwards to make sure Moussaoui has his day in court, I understand it, but I disagree with it. The guy never should have been tried in a civilian venue to begin with. He's a terrorist. He should be at Guantanamo Bay. Let the military deal with him.

As I told the counselor, whom I respect by the way, this Moussaoui guy just wants publicity. He wants martyrdom in a public way. Let's deny him that. He says he's guilty. We believe him. Lock him up, lose the key.

(END VIDEOTAPE)

Second Talking Points Memo

The continuing controversy over the upcoming movie, The Passion, about the death of Jesus. And that is the subject of this evening's second Talking Points memo.

Sadly, Jewish Americans have never received proper credit for their contributions to this country. Although they are less than 3 percent of the population, Jews have built the entertainment industry and a host of other influential businesses through hard work and creativity.

They have done all this despite being treated unfairly throughout history. Only African-Americans and Native Americans have been treated worse.

But, in contemporary America, the tide has changed. The USA is Israel's best friend on earth, and anti-Semitism in this country is now condemned by all fair-minded people.

Thus, it's disturbing to see the anger some Jewish Americans are harboring against Mel Gibson for producing a film about the death of Jesus. Gibson has been labeled an anti-Semite by the Anti-Defamation League and a Jew baiter by a New York Times writer who's on a mission to assassinate the actor's character.

Branding any American -- any American -- an anti-Semite or a racist is immoral and unacceptable, unless there is definite proof to back up the assertion.

Gibson's movie is still being cut, and, because I have done business with the man, I know him, I know his intention is not to hurt anyone.

Here's a prediction: Millions of American Christians will see this movie and respect it, and they will remember the people who demonized Gibson. I fear that may cause a backlash that would damage both Christians and Jews.

The fair thing to do is evaluate the film when it comes out, debate its merit then. The grossly unfair thing to do is to smear Gibson, thereby forcing Americans to take sides.

Again, those character assassins who throw out the words "anti-Semite" and "racist" without absolute proof should be pariahs in our society.

And that's the Memo.

The Most Ridiculous Item of the Day

The billoreilly.com recall election. The polls are closed. And all this could be ridiculous, depending on how you see things. More than 25,000 of you voted, and here are the results.

Sixty-eight percent voted for Schwarzenegger, 24 percent for McClintock, 5 percent for Bustamante, 3 percent for Davis.

Well, you know, it will be interesting to compare that poll to what really happens on October 7. We do think that Schwarzenegger will win.

--You can watch Bill O'Reilly's Talking Points Memo and "Most Ridiculous Item" weeknights at 8 & 11p.m. ET on the Fox News Channel. Send your comments to: oreilly@foxnews.com