Both Fox News and The Washington Post are reporting that the Obama administration is seriously considering returning 9/11 mastermind Khalid Sheikh Mohammed to the military.

As you may know, Attorney General Eric Holder wants to try Mohammed in civilian court here in New York City. Most Americans oppose that for a variety of reasons, and now it looks like President Obama may overrule Holder.

But why? Is it just about public opinion?

"The Factor" believes there is some deal-making going on behind the scenes. The Obama people want Republicans to cooperate with closing the prison at Guantanamo Bay. The deal could be the president will let the military try the terrorists being held there if the GOP helps on Gitmo. As always, we could be wrong.

"Talking Points" believes Gitmo is a useful tool in fighting terrorism, but prisons are prisons, so these thugs could be held in military facilities pretty much anywhere.

Also, we do not believe Guantanamo Bay causes people to sign up for the jihad. Are you telling me once Gitmo is closed, Al Qaeda's membership will dry up? Give me a break.

The greater good here is for captured overseas terrorists to be handled by the military because it is far easier, far less expensive and protects national security.

Every time you put a terrorist on trial in a civilian court, the enemy learns secrets about our anti-terror strategy. Every time. That is the crux of the matter.

Politically speaking, we can look at this two ways. On the positive side, it shows that President Obama could reverse a bad policy. That's a good thing. On the negative side, Holder's civilian trial vision was so misguided, it is almost frightening.

Apparently Holder thinks America is on trial here, that our anti-terror strategies need to be justified to the world. That is a dangerous point of view that will get Americans killed in the future.

President Obama's chief obligation as commander in chief is to protect us. If that means using harsh measures to defeat the bad guys, so be it. And the president understands that. There is no harsher measure than to fire hell-fire missiles into towns where terrorists may be living, and Mr. Obama does that almost every week.

So spare us the phony "we've got to protect the rights of terrorists argument." This is a war. We need to win the war. You do that by imposing pain on the enemy.

And that's "The Memo."

Pinheads & Patriots

"The Factor's" Academy Award predictions.

In past years we've been pretty good at this, but this year I haven't seen most of the movies. Of course, that won't stop me from predicting the winners.

Best supporting actor will be Christoph Waltz in "Inglorious Basterds." I actually did see that and the guy was great.

Best supporting actress: Mo'Nique in "Precious." I'm selecting her because I have no idea.

Best actress: Sandra Bullock because Hollywood likes her.

Best actor: Jeff Bridges because Hollywood likes him.

By the way, both Bullock and Bridges are great performers, no question.

Best picture of the year — drumroll please — "Avatar" because it is making all kinds of money.

But the best director will be Kathryn Bigelow for "The Hurt Locker." That doesn't make much sense if "Avatar" is best picture, but a woman has never won best director, so there you go.

Will I be a pinhead or a patriot? We'll know on Monday.

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 Send your comments to:

Bill O'Reilly currently serves as the host of FOX News Channel's (FNC) The O'Reilly Factor (weekdays 8PM/ET), the most watched cable news show for the past 13 years. He joined the network in 1996 and is based in New York. Click here for more information on Bill O'Reilly