Updated

By Bill O'Reilly

There is no question the president is in trouble. According to a new CNN poll, Mr. Obama's job approval rating is plummeting. 45 percent of Americans now approve of the President's job performance; down eight points in less than a month; 54 percent now disapprove. So you could see all the controversy are taking a toll on Mr. Obama.

Thus the President gave an interview to Charlie Rose.

(BEGIN VIDEO CLIP)

OBAMA: What I can say unequivocally is that if you are a U.S. person, the NSA cannot listen to your telephone calls and the NSA cannot target your e-mails.

CHARLIE ROSE, PBS NEWS HOST: And have not?

OBAMA: And have not. They cannot and have not by law and by rule.

(END VIDEO CLIP)

O'REILLY: As you may know the NSA whistleblower Edward Snowden says U.S. intelligence is listening to phone calls and reading e-mails. But Snowden has provided no hard evidence of that. So "Talking Points" is suspicious of Snowden.

That being said, Mr. Obama is now on the record and if, if, evidence is produced, that any U.S. intelligence agency is reading e-mails without a specific warrant, Mr. Obama could very well be impeached. That's how important his statement to Mr. Rose really is. There is no going back now.

President Obama says flat out no one is listening to phone calls or reading e-mails without a specific warrant to do so. Today the same question was asked of the director of the NSA General Keith Alexander.

(BEGIN VIDEO CLIP)

REP. MIKE ROGERS (R), MICHIGAN: Does the NSA have the ability to listen to Americans' phone calls or read their e-mails under these two programs.

GEN. KEITH ALEXANDER, NSA: No. We do not have that authority.

ROGERS: Does the technology exist at the NSA to flip a switch by some analyst to listen to Americans' phone calls or read their e-mails?

ALEXANDER: No.

(END VIDEO CLIP)

O'REILLY: Without Snowden or another whistleblower producing hard evidence to contradict the general and the president, the snooping story will likely fade away in the coming months.

But the IRS story will not fade away because that scandal is getting worse. And you may have noticed the president has not defined the IRS scandal the way he did with the NSA snooping allegations. I'm not saying President Obama did anything wrong in the IRS deal. I am saying we the people don't know who the bad guys are but we do know there are bad guys.

So summing up, "Talking Points" is giving President Obama the benefit of the doubt on the NSA deal because this Snowden guy looks shady to me.

And that's "The Memo."