Bad News for the Kids...

This is a partial transcript from "The O'Reilly Factor," February 28, 2006, that has been edited for clarity.

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BILL O'REILLY, HOST: Thanks for staying with us. I'm Bill O'Reilly.

In the "Factor Follow-up" segment tonight, the latest on our campaign to get Jessica's Law passed in all 50 states. There's progress and some bad news, as well.

In Vermont the legislature stalled on passing tough laws against child predators. You may remember it was in Vermont that a child rapist got a 60-day sentence — child rapist — since upgraded to three years. Still far too lenient.

While protecting kids is a problem in Vermont, the legislature there is on the verge of protecting transgendered people with a new law, not the kids, but they're protecting gender expression.

In California, the liberal dominated legislators flat out rejected Jessica's Law so the folks put it on the November ballots themselves. Good for you.

Now here's a map with the states that have — or are working towards Jessica's Law in purple. We're getting more and more of those. And Alaska is in that category, too. It's gray there, but they're going to get that done, so Alaska should be a purple state.

The ones in yellow will not protect the kids. They're just flat out not going to do it. And the ones in gray could go either way. We're working on it.

Now, we have Pennsylvania in purple there, but we're not so sure, because there's a lot of bad things going on in Pennsylvania.

Joining us now from Charleston, South Carolina, Pat Caddell, Democrat strategist and pollster and in Boston, child advocate Wendy Murphy, who's helping us with our campaign.

OK. We haven't been able to break down Oregon, even though the governor, Kulongoski, says he will sign a Jessica's Law bill, but one woman, Kate Brown, is holding it up. Can't you talk to her, Wendy?

WENDY MURPHY, CHILD ADVOCATE: You think she'll take my call? I think she's probably seen me trying to help you.

Nobody who knows that I'm trying to work with you will take my call.

O'REILLY: Is that right?

MURPHY: They don't want to answer the tough questions. Look, how are they going to explain or rationalize or justify, saying something like this: "Well, you know, I just don't think people who rape children should have mandatory time behind bars. In fact, some of them deserve probation." How can you say that?

O'REILLY: Well, here's how bad it is in Oregon. In the House 51-9, they voted to pass it. And in the Senate, one woman won't introduce it, and that's Kate Brown. So the two people of Oregon should throw her out on her butt as soon as they can. Because one woman, and it's almost like one woman here in New York, where you've got that Sheldon Silver. But Pataki says he's going to get it done here and go around him.

In Pennsylvania, we thought we had it done because the governor came on saying, "Hey, we're going to do it and we're going to sign it." And now it's being held up there. By whom?

MURPHY: Again, Bill you're highlighting something the public doesn't always understand. They may think they elected the right official, the right state rep., the right state senator, but very often it's the person in charge of the Senate, the person in leadership in charge of the House who can literally act like a king or a queen and refuse to do the people's business no matter what.

O'REILLY: Absolutely. So what's going on in Pennsylvania? Who's holding it up there?

MURPHY: You know, I think that what's going on in Pennsylvania is fundamentally political. It has to do with both the ACLU, the criminal defense bar and, you know, the same sort of tree-hugging politics that I think are at play in Oregon.

You know, Pennsylvania has another sort of ugliness to it. It's the only state in the nation that cannot take federal funds that are designed to promote child welfare and promote child safety, because they're the only ones who won't create good enough laws to justify the flow of those federal funds.

O'REILLY: Is that right?

MURPHY: It's an embarrassment to Pennsylvania.

O'REILLY: It certainly is. And that's a good state.

Well, anyway, we have Stuart Greenleaf, who's a Republican, chair of the judiciary committee. He's holding up the works in Pennsylvania, Stuart Greenleaf.

All right. One more and we'll get to Pat on the California deal. Vermont, now after being embarrassed, after seeing not only the child rapist of the little girl who got 60 days, but another one a week later, now they won't pass Jessica's Law. It's not getting anywhere. It's been gutted by the Democrats there, and they're getting the transgendered thing. That's what's going on today. How do you read that?

MURPHY: You know, I don't know if you can always compare and contrast things like trying to promote rights for transgenders and not trying to protect children.

O'REILLY: But isn't there a priority list, perhaps, that kids — kids — I want the transgendered people to be protected. I do.

MURPHY: Yes, but this is a different right.

O'REILLY: But you've got a state that's out of control with no laws at all, no minimums at all to protect children, and you are spending your time on transgendered — gender expression?

MURPHY: And usually, because kids don't vote and transgendered adults do, you might think that that's the cynical explanation.

O'REILLY: All eight of them?

MURPHY: Well, I'm just saying that kids, unless something really bad happens to kids, political officials tend not to do the right thing.

O'REILLY: Yes. I just think...

MURPHY: Guess what, largely because of you. This big disaster happened in Vermont, and they're still not doing the right thing.

O'REILLY: I have to say, I'm fed up with Vermont. I'm fed up with it. New Hampshire passed this thing quickly, and Maine is fine. I'm just fed up with Vermont.

All right. Pat, I've got to go to you.


O'REILLY: You're a Democratic consultant and pollster. In most of these states, including your own, in California, it's the Democrats that don't want to protect the kids with tough laws.

CADDELL: Absolutely.

O'REILLY: What's going on?

CADDELL: Absolutely. I think it's political suicide.

By the way, Bill, you and Wendy have been doing a great job on this. This is not a 60 percent issue. This isn't a 70 percent issue. This is a 90 percent issue in this country, and what's going on is amazing.

In California, the entire Democratic Party in the assembly, every one of them and one Republican voted for a bill by Mark — put up by Mark Leno, who's the chairman of public safety committee. He's from San Francisco. That — get this — had as a provision 100 items of child pornography for personal use as an exemption under the law.

O'REILLY: So that was legal? You could have that and not be charged?

CADDELL: A hundred pieces of personal...

O'REILLY: I know.

CADDELL: ... use of child pornography. Then he said, "Well, maybe I'll knock it down to 25." Well, then out of outrage got so bad that he knocked it down to zero, of course, because one ought to be enough. But the fact of the matter is, that mentality.

And listen, I got a quote from a state senator in California, who said that, you know, over in the assembly, they're out of their mind, basically because they care for everything — I hate to say this — but children come last. Just like you talk about the transgendered thing in Vermont.

O'REILLY: Children come last.

CADDELL: I'm for that, too. Children come last, and they should come first.

O'REILLY: All right. Folks in California, rose up, got it on the ballot, right?

CADDELL: And they are going to pass it overwhelmingly.

O'REILLY: What do you think the percentage is?

CADDELL: I think the percentage will be close to 70 percent.

O'REILLY: Seventy.

CADDELL: I want to tell you something, because they'll attack and who they attack is...

O'REILLY: Whoever attacks it is going to be held accountable here?

CADDELL: They're going to pay the price. And they're going to pay the price around the country. They better get smart. My party just baffles me sometimes. This is inexcusable what's going on. What went on in Vermont is a nightmare. It's an outrage.

O'REILLY: It's awful. All right, Pat, we appreciate it. You let us know, Pat. We're going to put you on as our eyes and ears in California. Anybody attacks that referendum, anybody, you let us know, and we'll do it immediately.

Wendy, as always. And if they don't take your call, Wendy, you let me know right away.

MURPHY: You bet I will.

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