“The Factor” is the only news program in the country holding American judges responsible for their behavior, the only one.

That means judges often get away with outrageous sentences and courtroom shenanigans because we can't be everywhere. And when judges do misbehave, they hide behind the, “We can't talk about the case” ruse. So they're not held accountable to anyone. This must stop.

Maryland Judge Joseph Manck is a perfect example of what I'm saying. Earlier this year Manck sentenced a brutal child molester, a man who sexually abused his eight-year-old daughter for seven years to just four months in jail. That is a totally irresponsible sentence. So we confronted Manck.

(BEGIN VIDEO CLIP)

JESSE WATERS: Hey, judge, Jesse Waters with FOX News.

JOSEPH MANCK: I told you I'm not going to talk to you. It's improper to do that.

JESSE WATERS: Why did you give that guy four months?

JOSEPH MANCK: Goodbye, sir. Would you mind taking your foot out of my door, please? Thank you very much.

(END VIDEO CLIP)

Well, now Manck has made another irresponsible decision, and this one may have led to the death of 19-year-old Samantha McQuillin.

Here's what happened. Twenty-three-year-old Matthew Dieterle was convicted of assault and unlawfully carrying a handgun in 2002. Judge Manck gave him 18 months and released him four months short of that on probation.

Almost immediately Dieterle was into legal trouble. Another judge ordered him to stay away from a woman he was bothering. Soon after that, authorities charged the man with another assault. Judge Manck did nothing. And even allowed Dieterle to move to Florida, removing his Maryland probation entirely. He didn't have to do that.

Last Wednesday, Dieterle allegedly murdered 19-year-old Samantha McQuillin. Florida police say he stabbed and strangled the woman to death, leaving her bloody body in a bathtub. Samantha's funeral was held today.

So what should be done about Judge Joseph Manck? He's appointed but he can be removed by the State of Maryland and in my opinion, should be. Giving a child molester four months and allowing an obviously violent individual out on the street without cause is incompetent behavior for any judge. Manck must go. And that's “The memo.”

Most Ridiculous Item

Time now for "The Most Ridiculous Item of the Day."

On Tuesday I was talking to Kirsten Powers about the constitutional aspect of the NSA wiretapping suspected overseas terrorists.

(BEGIN VIDEO CLIP)

O'REILLY: They vote against the NSA surveillance thing, both Obama and Clinton. It's going to come back to haunt them.

KIRSTEN POWERS, FOX NEWS ANALYST: No, it's not.

O'REILLY: Soft on terror.

POWERS: We go back to this thing where -- they're not soft on terror. There are a lot of people who think that this is not constitutionally...

O'REILLY: Sixty-28 in the Senate. There aren't a lot of people. That was overwhelmingly…

POWERS: But there are plenty of people, including Judge Napolitano, who works here...

O'REILLY: No, we fired him.

POWERS: ... who don't believe it's constitutional.

(END VIDEO CLIP)

Well, some "Factor" viewers e-mailed to ask if it was true, did we fire Judge Napolitano? No, we did not. It was a jest. Of course, we should have fired him, but we are compassionate people, not at all ridiculous.

—You can catch Bill O'Reilly's "Talking Points Memo" and "Most Ridiculous Item" weeknights at 8 and 11 p.m. ET on the FOX News Channel and any time on foxnews.com/oreilly. Send your comments to: oreilly@foxnews.com