Motorcycle gang terrorizes family

"Is It Legal?" on the case


This is a RUSH transcript from "The O'Reilly Factor," October 1, 2013. This copy may not be in its final form and may be updated.

Watch "The O'Reilly Factor" weeknights at 8 p.m. and 11 p.m. ET!

O'REILLY: Thanks for staying with us. I'm Bill O'Reilly. In the "Is It Legal" segment tonight, three hot topics beginning with a horrendous story here in New York City.


On Sunday, on the Westside Highway, a group of motorcycle thugs attacked a family of three driving in an SUV. Dozens of motorcycles were involved and they literally attacked the vehicle.

Taking off their helmets and smashing in, guy then zooms away. And after it was all over, they caught up with him again. The father was injured and a number of the perpetrators were hurt as well.


Here now are Attorneys and Fox News Analysts, Kimberly Guilfoyle and Lis Wiehl. So, pick up the story from there. The guy gets hurt, --


O'REILLY: -- the driver of the car. Cops come -- I guess somebody called 911 and they photographed the damn thing. So, what's the upshot.

WIEHL: Well, one person, and only one person has been arrested for reckless endangerment and a bunch of other misdemeanor charges. With the reckless endangerment, he's looking at seven years. But the only --

O'REILLY: That's one of the motorcycle thugs.


WIEHL: Right. They got him. Now, the rest of them are harder to get because the motorcycle guys were wearing, you know, --


-- covered helmets to cover their faces.


WIEHL: And look here -- if you look closely, you'll see that many of the license plates, they don't license plates. This, by the way, this footage that we're getting, --


WIEHL: -- came on YouTube, posted by one of the bikers. So, that actually should --

O'REILLY: They took the footage.

WIEHL: One of them did. So, that should actually help the cops in finding more --

O'REILLY: Do we know why they attacked this car. I mean, this is a young family with a two-year-old. Why would they bother the car.

WIEHL: A man, a wife and his two-year-old daughter. It looks like -- what we understand from the police is that they were on their way to a big event that was called the Hollywood Stunts down in Midtown, down in Times Square.

They were diverted from police from doing that. The police didn't want them coming there because they've done it year after year after year - -


WIEHL: -- with much -- you know. So they were mad, they came back, they swarmed around this guy --

O'REILLY: So, we don't know why they chose him.

WIEHL: No, we don't know why they chose him. No.

GUILFOYLE: There was allegedly like cutting off of somebody, so that started the altercation.

O'REILLY: Uh-huh.

GUILFOYLE: It's basically road rage on steroids. And so, on Sunday, I was literally on the Westside Highway, in this area, they were proceeding northbound.

I was trying to turn into Chelsea Pierce where all the parents go in for birthday party. These guys blocked the intersection, they were getting off their bike, they were talking.

They didn't care. We passed through three lights, obstructing traffic. And this was after they had been --

O'REILLY: So, they were causing trouble all day.

GUILFOYLE: All over.


Like my little kid said, "Mom, look at the bad guys."

O'REILLY: All right. Now, I heard some nitwit lawyer on the Fox News Channel earlier saying that the guy in the car could be charged.

WIEHL: Absolutely not going to happen.

O'REILLY: OK, that's what I thought.

WIEHL: The only reason they would bring that up is because he did hit one of the bikers. But that's just one of the bikers. They were right in front him.

O'REILLY: I would have run them all over if I was there and I had a two-year-old in that car.

WIEHL: Exactly, exactly. He was afraid. He was trying to get away - -


O'REILLY: Right. Absolutely.

WIEHL: -- with his wife and his child.

O'REILLY: Absolutely. And in New York City, you can't carry a gun. Maybe if he had a gun and said, "Hey," you know, "get out of here."

WIEHL: Get out of here.

O'REILLY: All right.


GUILFOYLE: It's just terrible, what happened.


O'REILLY: North Carolina -- Holder again, taxpayer money, they're using -- the federal government is suing North Carolina because North Carolina wants voter IDs. Once again, Canada, has voter IDs. I don't see any disenfranchisement of the poor out there. And -- what is this.

GUILFOYLE: OK. So, basically, 34 states have voter IDs, right.

O'REILLY: Right. Why is he suing North Carolina.

GUILFOYLE: And the problem is, he's deciding, under the Voting Rights Act -- as you know, it was struck down except for Section Three, --


-- which is kind of a technical way to get around pre-clearances. The federal government could be in charge of the state. He's engaging in some political activity here where he's targeting red states.


He's not doing this in blue states. He's going after North Carolina.

O'REILLY: OK but why -- if 34 states have Voter ID Rights, --


O'REILLY: -- why is he targeting North Carolina.

GUILFOYLE: In my opinion, because it's a blue state.

O'REILLY: There isn't any more to that?

WIEHL: It's not a blue state. There is more than that in my opinion. Because there are only certain states that are subject to the Voting Rights Act under this kind of pre-clearance.

GUILFOYLE: Well, that's one --

O'REILLY: And they're all in the south.

WIEHL: They're all in the south.


WIEHL: So, he's going after North Carolina then, you know, after state, after state, after state. I think this is guinea pig test. The problem that North Carolina has --

O'REILLY: Hasn't the Supreme Court already ruled that you can ask --

GUILFOYLE: It's under Section Three.

WIEHL: But this is a section that was not overturned in that ruling, Section Three.


WIEHL: It was not overturned. It's a technical section.

O'REILLY: I don't know what Section Three.

WIEHL: It's a section that says you can opt in, you can pre-clear in certain states if you want to, if you go to that state.

O'REILLY: I don't understand. Can you explain it so I understand.

GUILFOYLE: The bottom line is, he's targeting because he can, with this particular state, that would still be subject for pre-clearance, so he's making an example.

O'REILLY: I understand that he has legal authority to challenge but I don't know why he's bothering.

GUILFOYLE: Well, because he feels that this is the best test case. I think it is one of many.

O'REILLY: So, he doesn't want -- bottom line is, Holder doesn't want people to show -- voters to show ID to vote. He doesn't want.


GUILFOYLE: I'll tell you specifically why he's upset with the state. Because he doesn't like that people can't put forth a student ID. These are the things that he's upset about.


He said that it's too egregious that you cannot vote early. Seventeen days is what he wants. They reduced it to 10 days for early voting. None of these things are unacceptable.

O'REILLY: So, this is all a bunch of B.S.

GUILFOYLE: Right. This is what he uses his office for.

O'REILLY: I don't get it, you know. Again, Canada? Canada is not a conservative bastion.

All right, quick update, Wiehl, if you can, please. Florida woman gets 20 years.


She was being beaten up by her ex --

WIEHL: Right. She runs out of the house, gets a gun.

O'REILLY: -- ex-husband?

GUILFOYLE: Marissa Alexander.

WIEHL: Ex-husband, right.

O'REILLY: All right. So, she's being attacked by the ex-husband. She gets a gun, she fires it in the air --

GUILFOYLE: Warning shot.

O'REILLY: -- to scare him off. And she gets 20 years. What's happened.

WIEHL: She gets 20 years of the mandatory law in Florida. And Apella Court 30 says, "Hey, legal technicality." In those jury instructions, the jury was told, --


-- "You have to prove. You, defendant, have to prove --

GUILFOYLE: Self-defense.

WIEHL: -- "that it was self-defense." That's the burden on the prosecutor, not the defendant. So, that was a legal technicality. I don't know how the defense --

O'REILLY: All right, so they threw out. The Florida Appeals Court threw out, vacated the 20-year sentence.

WIEHL: Right, right. She'll get a retrial.

O'REILLY: She gets retrials?

GUILFOYLE: She'll get the retrials.

O'REILLY: Is she out now. Is the woman out.


WIEHL: She's still in prison.

GUILFOYLE: She's still in and keep in mind that, usually, before --

O'REILLY: When is she going to get out.


GUILFOYLE: Well, it depends on when they file for a bond and see if she's released pending trial, whether that's approved.

O'REILLY: Now, let's get out of there, Florida.

GUILFOYLE: But do you understand, the state offered her three years prior to trial last Monday.


O'REILLY: I know, I know because -- look, if you're getting beat up, come on -- you fire a shot in the air, you know --

GUILFOYLE: Well, there's a history of domestic violence between the husband and wife.

O'REILLY: That's right. I mean, this woman had cause. It's almost like the people in the SUV. You can't be attacking people and then get charged.


O'REILLY: It's insane.

GUILFOYLE: Terrible.

O'REILLY: State of Florida, we want you to let that lady out on a reasonable bond. I think that's reasonable.

GUILFOYLE: I think so, too.

O'REILLY: Retry it, OK. All right, ladies, thanks very much. A quick footnote, if you want to read a very fun book, --


-- check out "Fatal Tide" by Lis Wiehl, very thrilling.

WIEHL: Thrilling.

Content and Programming Copyright 2012 Fox News Network, LLC. ALL RIGHTS RESERVED. Copyright 2012 CQ-Roll Call, Inc. All materials herein are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of CQ-Roll Call. You may not alter or remove any trademark, copyright or other notice from copies of the content.