Updated

This is a partial transcript from "The O'Reilly Factor," June 12, 2007, that has been edited for clarity.

BILL O'REILLY, HOST: In the "Impact" segment tonight, confronting the Kansas doctor known as “Tiller the baby killer.” Dr. George Tiller has performed thousands of late-term abortions for millions of dollars. And some Kansas authorities suspect he is violating the law, because some of the women involved do not have serious medical reasons for the late-term abortions. Psychiatrist Paul McHugh was asked by former Kansas Attorney General Phil Klein to examine some of Tiller's records.

(BEGIN VIDEO CLIP)

PAUL MCHUGH, M.D., PSYCHIATRIST: I didn't think that those records supported the idea that these women were likely to suffer a substantial and irreversible impairment, which was required by law here in Kansas for their abortion since they were late-term abortions.

They highlighted certain kinds of things, which out of context were hard, of course, to appreciate, but were sometimes of a most trivial sort from saying that, “I won't be able to go to concerts,” or “I won't be able to take part in sports,” to more serious ones such as, “I don't want to give my child up for adoption.”

(END VIDEO CLIP)

O'REILLY: Remember in Kansas, late-term abortions can only be performed if there's irreversible damage, physical damage, physical, to the mother. Now because of the seriousness of this situation, we asked Dr. Tiller to comment. He would not. So "Factor" producer Porter Barry went to him.

(BEGIN VIDEO CLIP)

PORTER BARRY, "FACTOR" PRODUCER: Why are you one of the only doctors who does these kind of abortions?

TILLER: Nice day isn't it?

BARRY: They call you Tiller, the baby Killer. Is that appropriate? .

TILLER: I'm think I'm going to get in my car and go to work.

BARRY: Dr. Tiller, don't you think...

TILLER: Hi, is this 911? This is Dr. George Tiller. I am at Edgemoore and Harry at QuickTrip. I'm being accosted by the people from O'Reilly. Yes, and they are preventing me from getting in my car and leaving.

BARRY: You can get in your car and go, Dr. Tiller.

(END VIDEO CLIP)

O'REILLY: Well, the Kansas legislature passed a bill saying that Tiller had to provide the state with specific medical reasons for all of his late-term terminations. But Governor Kathleen Sebelius vetoed the measure.

Joining us now from Kansas City is Dr. Brian Russell, a psychologist and attorney. All right, you heard what Dr. McHugh, and he's a Harvard-educated guy, and there's another psychiatrist who backs him up, says Tiller aborted late-term fetuses in 31 cases where women said they had major depression — 10 more cases of acute stress. These are not irreversible, physical damage to the mother.

It doesn't seem to be any question that Tiller is violating the law here. And there's no question of medical privacy either, because the names have been redacted out of all of this. So why is Tiller today still performing late-term abortions in Kansas?

BRIAN RUSSELL, DR., PH.D., PSYCHOLOGIST AND ATTORNEY: Bill, this is the most unbelievable case I've seen in the practice of psychology and law. We have late-term abortions going on in the state of Kansas because women are upset about things like not being able to go to concerts or not being able to participate in rodeos.

And we have an attorney general who seems like an otherwise reasonable man, who is hiding under his desk and behaving in ways that are difficult to understand until you follow the abortion lobby money.

O'REILLY: This is not the attorney general. This is Klein, who has voted out. The attorney general you're talking about is Paul Morrison.

RUSSELL: That's correct.

O'REILLY: But it isn't — look, Morrison is a political player. All right. He's going to follow Sebelius' lead. And Sebilius is the one that's protecting Tiller. Because remember, the legislature, as I just mentioned, passed a law, a separate law, that demanded that Tiller hand over the irreversible damage medical data that would have legally allowed him to terminate late-term fetuses. And then Sebilius vetoed it.

RUSSELL: Yes.

O'REILLY: Now that is to me unbelievable.

RUSSELL: Yes. It's unbelievable to me, too. She shouldn't have vetoed that thing, but Morrison is the one now who has the power independently of Sebelius to decide whether to proceed with this investigation and file charges like former Attorney General Klein did, or to drop it. And so he's the one who has got the ball right now. And he's the one that we're waiting to see what he's going to do with it.

He's in a very tenuous situation politically, Bill, because he won his seat by convincing the voters of the state of Kansas that this is some kind of witch hunt and there was some kind of privacy invasion on the part of former attorney general Klein.

Now that he's in office, and he actually has access to the records, he can see how serious these violations truly are. And so, he's in a tough spot now. Because if he goes ahead with these charges, then he's got to basically say that he was wrong throughout his whole campaign.

If he drops them, in the face of such overwhelming evidence, and there's really no medical debate about this, Bill. I concur completely with Dr. McHugh, that if there are reasons being given like acute stress disorder because somebody can't go to a concert, there is just no justification for that.

O'REILLY: Yes, I don't think people understand that they brought in McHugh, Dr. McHugh and a couple of other guys, all M.D.s, all psychiatrists, to look at the reasons why Tiller is aborting late-term fetuses, viable fetuses. And some of those reasons, as you stated, were, “I was upset because I wanted to go to a concert and my pregnancy interfered with that. I was upset because I wanted to go to a rodeo and my pregnancy interfered with that.”

And he still went ahead, this guy Tiller, and aborted the late-term fetus. Now in the state of Kansas, it says clearly that a doctor cannot do that unless there's irreversible harm to a woman's physical health. Is that correct?

RUSSELL: Yes, yes.

O'REILLY: Physical health.

RUSSELL: Two doctors - two physicians, Bill, have to concur that if the abortion is not performed, that the woman will either die or suffer substantial and irreversible bodily harm. And in none of the examples that I heard yesterday from Dr. McHugh, and I was there when he was talking in person and I've reviewed the tape of a number of times, I didn't hear one example of a mental diagnosis that was going to cause irreversible, substantial bodily harm to anybody, and that couldn't be treated in a myriad of other ways besides a late-term abortion.

O'REILLY: Yes, I think we all know what this is. And if the state of Kansas doesn't stop this man, then anybody who prevents that from happening has blood on their hands as the governor does right now, Governor Sebelius.

RUSSELL: All eyes are on Morrison.

O'REILLY: All Americans, no matter if you're pro-choice, pro-life, whatever, should be getting in touch with Governor Sebelius' office and saying enough, because this is just a disgrace.

RUSSELL: That's right.

O'REILLY: Doctor, thanks very much. We appreciate it.

RUSSELL: Thank you.

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