One of the reasons "The Factor" is by far the most dominant cable news program in America is that we are often correct in our assessments.

When Attorney General Eric Holder announced last November that the Obama administration would try Khalid Sheikh Muhammad, the 9/11 mastermind, and four other Al Qaeda thugs in New York City, we immediately said that was a major mistake. And now, many have turned against the decision, including big-time Democrats like Senators Feinstein and Schumer.

In my newspaper column this week, which you can access on BillOReilly.com, I run down why Mr. Holder's decision is so destructive for America. Basically, foreign terrorists should be tried by the military. We have a law stating that, but Holder remains defiant.

In an interview with the left-leaning New Yorker magazine he says, "I don't apologize for what I've done. History will show that the decisions we've made are the right ones."

Holder goes on to say that the "Khalid Sheikh Mohammed trial will be the defining event of his attorney generalship."

But in the same article, it's reported that White House Chief of Staff Rahm Emanuel bitterly opposes Holder's decision. Apparently, Emanuel believes that most Americans, including the entire Republican Party, are so angry that Al Qaeda thugs are getting constitutional protections that it will hurt the president's overall anti-terror agenda.

In Holder's defense, the New Yorker story lays out the case for giving the Al Qaeda killers civilian trials. You should read it to evaluate how strong that argument is.

But again, in my opinion, overseas terrorists must be handled by the military if we are able to win the War on Terror.

In the end, this all comes down to leadership. President Obama has said he allowed Holder to make the final decision, but Holder works for the president, and Mr. Obama should be the decider, as President Bush once said.

Here at "The Factor," we have reported and we have decided. Holder is extremely misguided.

And that's "The Memo."

Pinheads & Patriots

We got a nice letter from Bill Nelson of USA Cares. That's a charity that helps military people and their families that Dennis Miller assists. "A $25,000 donation from Bill O'Reilly has created an avalanche of financial support for us. Within two weeks, USA Cares had collected nearly half a million dollars from people all over the country who were inspired by O'Reilly's move."

Now, I don't know about that, but I do know Americans are the most generous people on Earth. And your support at BillOReilly.com, books and gear and stuff, allows me to help USA Cares and other fine charities. So you, the audience, Mr. Nelson and Dennis Miller are all patriots.

On the pinhead front, take a look at this Sports Illustrated cover. It features Olympic skier Lindsey Vonn in a downhill pose. But apparently some folks on the Web site WomenTalkSports.com are objecting. They think the pose is too sexual and have mentioned that Ms. Vonn has makeup on.

Click here to see the Sports Illustrated cover!

Well that, of course, is ridiculous. Ms. Vonn is a highly skilled professional athlete and represents America at its best. If you believe otherwise, you might be a pinhead.

You can catch Bill O'Reilly's "Talking Points Memo" and "Pinheads & Patriots" 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