This is a RUSH transcript from "The O'Reilly Factor," March 8, 2012. This copy may not be in its final form and may be updated.
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BILL O'REILLY, HOST: Thanks for staying with us. I'm Bill O'Reilly.
In the "Kelly File" segment tonight, President Obama threatened on Facebook and, of course, the Secret Service is involved.
But first, on her program "America Live" at 1 in the afternoon on FNC, Ms. Megyn has been talking about the Sandra Fluke controversy in very personal terms. She joins us now.
So you and Sandra have something in common. right?
MEGYN KELLY, FOX NEWS ANCHOR: Well, we both went to law school, and that's about where it ends.
This story jumped out at me in a significant way, and our viewers reacted to it immediately when we aired the sound bite of her testifying. This is before the whole controversy really erupted. Because I, like Ms. Fluke, went to law school. I also didn't have a lot of money to pay; didn't look like her parents are paying for her. She's got a scholarship. I don't know where she gets the rest of the money. But we have very, very different attitudes about what it meant to be in law school.
Let me tell you... I didn't go to Georgetown; I went to Albany. Georgetown is a top 14 law school. Ms. Fluke would have the world believe that she is somehow a victim because she is at Georgetown Law School and is not getting her contraception paid for by the law school.
When I went to law school, which I put myself through for $100,000 dollars of debt, I didn't expect anybody to pay for my health insurance, which I had none of. No health insurance. And I'm sure a lot of your viewers can relate right now, because they, too, didn't have health insurance. They too didn't have anybody paying their way through college or for… or through professional school.
So, I put myself $100,000 dollars into debt. Didn't have health insurance at all, never mind contraception coverage. And never once did I think of myself as a victim who needed somebody else to step in and pay for those things for me.
O'REILLY: But you went to law school in the 1930s, right?
KELLY: Starting to feel that way. Early '90s.
O'REILLY: Aren't we… aren't we getting more benevolent in this country now that we're extending the government largess to people to make their lives better? I mean, isn't that the theme of the Obama administration?
KELLY: Ironically, I think that Sandra Fluke has done more to undermine support for that type of program for the President's health-care law than anybody else in recent memory. Because listen...
O'REILLY: But the polls show… the latest polls show that President Obama, his support among American women has gone up seven points. All right? Because, I guess women think that he's sticking up for them.
KELLY: Because the Democrats are talking about how there's a war on women now.
But, my point is this: there are people out there who are really hurting right now. I think of my own sister. She doesn't have a job right now. She's a single mom of three kids, two of whom are in college.
She does not care about where Ms. Fluke is getting her contraception coverage from. She cares about getting a job and, hopefully, getting health insurance for her family. She doesn't want to see our Congress people wasting time talking about her contraception coverage of a Georgetown Law School student.
Guess what the starting salary is if you graduate from Georgetown Law School. The average starting salary... our viewers may not know this… $160,000 a year for your first year out of law school. These are not victims. These are the elite. These are the luckiest young professionals among them in our country.
O'REILLY: You know… you know, as I said in the "Talking Points Memo" and on “The View," today that it's not really about this. It's not about Sandra Fluke and her desire to get free birth control. That's not the issue.
The issue is to take away the unconstitutional mandate about the Catholic Church and divert attention into women's rights. And then she, Sandra, allowed herself to be… not manipulated but allowed herself to be run… that's a better word… by very, very high forces. We've traced it now all the way back to the White House. Anita Dunn.
KELLY: That may or may not be the case, Bill. But what I'm trying to tell you is that this has the risk of backfiring against the administration, because people who are on the fence about the President's health-care law, people who genuinely need that health-care law or could benefit from it, for example, my own sister, right, who doesn't have health insurance, who could use free health care or however you want to describe it from the federal government, their argument in favor of this law is now undermined, because people think "I don't want that law, because that law is paying for Sandra Fluke's birth control."
O'REILLY: She's trivializing what is a legitimate issue?
KELLY: Right. I mean, if you can get behind a law because you think of people who are single moms putting three kids through school...
KELLY: ... you're starting to cross over to it. Different story when you're thinking, wait, is it about paying for birth control for Georgetown University Law School students who are going to get 160 grand a year? She's a public interest scholar but she said she was testifying on behalf all the women at Georgetown Law School, and those women are going to be in the 1 percent.
O'REILLY: Women empowerment.
KELLY: That's where they're going.
O'REILLY: They're empowering themselves. All right.
Just real quick, you have 90 seconds. Florida man arrested for threatening President Obama on Facebook. Pick it up.
KELLY: It was pretty explicit what he wrote. The president was coming down to Miami he made these vile postings. He's apparently a racist, as well, using the "N" word. That's a pellet gun he was found with. And it was detected on his Facebook page. He's been arrested. And he will likely to go to prison.
O'REILLY: Ok. So Secret Service. Obviously, you threaten a president. They get involved. A federal rap.
KELLY: Seems like the local cops let the feds know.
O'REILLY: All right. So they went down and grabbed him. What could he get?
KELLY: He pleaded not guilty, I should say. He's denying it, but he did admit apparently, that these are his Facebook postings. So that's not good for him. He's likely headed to jail for between 12 and 18 months. It depends on whether they think he took affirmative steps toward fulfilling the threat.
O'REILLY: And they have to prosecute him. They can't plead down or ignore it?
KELLY: They might be able to plead down. I mean, typically, you get a year in prison for making a threat to assassinate the President. And they will probably raise a First Amendment challenge to the criminalization of speech, but this guy is looking at likely a year in prison.
O'REILLY: All right. Megyn Kelly, everybody. Thank you, as always.
KELLY: You bet.
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