Updated

BY BILL O'REILLY

Dirty tricks, that is the subject of this evening's "Talking Points Memo." As you may know, "The Factor" does not endorse political candidates. We believe you are smart enough to know how want to vote for, so we don't need to tell you.

In California, there are two strong people running for governor. Jerry Brown on the Democratic side has a long history of public service and Meg Whitman on the Republican side is a very successful businesswoman. The race is very close. But now, Ms. Whitman is being attacked in a personal way.

Lawyer Gloria Allred is representing Ms. Whitman's former housekeeper, an illegal alien from Mexico named Nicky Diaz. Ms. Diaz claims she was fired by Ms. Whitman before the campaign began and also says the candidate knew she was illegal and continued to employ her.

(BEGIN VIDEOTAPE)

NICKY DIAZ, ILLEGAL IMMIGRANT AND FORMER HOUSEKEEPER FOR MEG WHITMAN: She treated me as if I was not a human being. I'm doing this because I know there are a lot of Megs out there who are mistreating the Nickys who worked so hard for them.

(END VIDEOTAPE)

All right, she is reading that statement interestingly enough. In response, Ms. Whitman told Neil Cavuto yesterday, she did not know Ms. Diaz was illegal and the whole thing is a political assassination job.

(BEGIN VIDEOTAPE)

GUBERNATORIAL CANDIDATE MEG WHITMAN R-CALIF.: It's simply a lie, and I feel terrible for Nicky. Nicky is a wonderful individual. She was an extended part of our family for nine years and something has happened. She is being manipulated. This is a political gimmick, you know, led by Gloria Allred.

NEIL CAVUTO, HOST OF "YOUR WORLD WITH NEIL CAVUTO": Is it true that during any of that time you suspected that she was not a legal citizen of this country.

WHITMAN: No. Absolutely, not.

(END VIDEOTAPE)

Well, today Ms. Allred produced a document from the Social Security Administration informing Ms. Whitman in 2003 that Ms. Diaz's social security number was bogus. Allred also has the alleged signature of Ms. Whitman's husband on a note that asked Ms. Diaz to look into the matter. Today Ms. Whitman said this:

(BEGIN VIDEOTAPE)

WHITMAN: This neither my husband nor I received any letter from the Social Security Administration. And, if there is a letter out there, I don't know how they got it. It's not in our house. And, so, you know, somehow it ended up in, you know, Jerry Brown's hands or Gloria Allred's hands.

(END VIDEOTAPE)

Now, whatever the truth of the matter, the fact that Ms. Whitman just yesterday called for enforcing tough penalties on employers who hire illegal aliens, means the issue is explosive for her. And, it also points put the personal nature that many campaigns are taking this year.

There is no question the Democrats are on the defensive, because President Obama's policies have proven ineffective so far in general. All the polls say Republicans could make gains five weeks from now in a big way. So, the personal stuff, the personal stuff is flying, and we expect things to get even nastier as the election comes closer. And, that's "The Memo."

PINHEADS & PATRIOTS

Finally tonight, "Pinheads & Patriots." A few days ago "Sesame Street" cut out pop singer Katy Perry from the program because of a wardrobe situation. Well, Ellen DeGeneres picked up on that.

(BEGIN VIDEO CLIP)

ELLEN DEGENERES, TALK SHOW HOST: Everybody is talking about Katy Perry not being allowed to be on "Sesame Street." I don't know if you saw this, but they said she was showing too much cleavage.

And I don't know what the big deal is. I was on "Sesame Street" earlier in my career, and nobody made a big deal about it at all. This is me with Elmo, years back. And see, nothing happened to me. And we have a wide shot there?

(END VIDEO CLIP)

You're going to have to make the call on that one.

On the pinhead front smoking is bad. We hate it at "The Factor." But actress Katherine Heigl may not see it that way.

(BEGIN VIDEO CLIP)

KATHERINE HEIGL, ACTRESS: Now I do the electronic cigarettes.

DAVID LETTERMAN, HOST, CBS'S "THE LATE SHOW WITH DAVID LETTERMAN": See, I've never heard of this, never seen this, don't know what that is.

HEIGL: Got a bejeweled bottom.

LETTERMAN: Wait a minute. What was that?

HEIGL: Bet I'm freaking you out now. Going to get arrested by the PC police.

LETTERMAN: Wait a minute. What was that?

HEIGL: It's water vapor.

LETTERMAN: Really?

HEIGL: I'm essentially humidifying the space.

LETTERMAN: But there's nicotine in there?

HEIGL: There is, yes.

LETTERMAN: Is nicotine, in and of itself, bad for you?

HEIGL: I don't know. I've read things that say it's really not, that it's about as bad as a cup of coffee. I guess a stimulant like caffeine. I'm choosing to believe that.

(END VIDEO CLIP)

Bulletin to Ms. Heigl, nicotine is bad for you, and if you promote it, you're a pinhead.