going to change policy right now, right? >> no, no indication of that at all. >> neil: got. peter doocy, thank you very much. that will sum it up. we are monitoring this but what we are getting from governor abbott as he leads with this delegation, needs help, not the kind of help they were considering. wants to take matters into his own hands, particularly disputed land. the federal government says is their responsibility. mexico says it's close to their responsibility. and this turns away, much like the rio grande come on and on, with no end in sight. that will do it here. "the five" is now. ♪ ♪ >> dana: hello, everyone. i'm dana perino all of judge jeanine pirro, harold ford jr., jesse watters, greg gutfeld. it's 5:00 in new york city and this is "the five." ♪ ♪

fox news alert. president biden just reacting to a damning special counsel report, a report that called him an elderly man with a poor memory. >> the special counsel released their findings today about their look into my handling of classified documents. i was pleased to see they reached the conclusion i believe they knew all along they would come of there are no charges should be brought in this case. [applause] as many of you know, this was an exhaustive investigation. going back literally more than 40 years. 40 years, when i became a united states senator, i was a kid. [laughter] i was a kid. 29 years old. bottom line is the special counsel, in my case, decided against moving forward with any charges. this matter is now closed. >> dana: the special counsel releasing his long-awaited classified documents report. robert hur is his name and he is

not recommending criminal charges, but he laid out how the president willfully retained and disclosed highly-classified materials when he was a private citizen, including sensitive national security matters and documents about military and foreign policy in afghanistan. and as the white house feared, the report is full of embarrassing details, including these dramatic photos of tattered boxes and joe biden's delaware garage, right next to the corvette. the sensitive files were stored "near a collapsed dog crate, a dog bed, a zappos box, an empty bucket, a broken lamp, potting soil, and synthetic firewood." remember when biden told you that everything was secure? >> materials next to your corvette. what were you thinking? >> going to get a chance to speak on this, god willing, soon. by the way, my corvette is in a locked garage, okay, so it is not like it is sitting out in the street. >> a locked garage.

>> yes, as well as my corvette. but as i said earlier this week, people know i take classified documents and classified material seriously. they discover a small number of documents with classified markings and storage areas, in file cabinets in my home. >> dana: the special counsel is also painting a devastating picture about the president's mental acuity with this quote: "we have also considered that at trial, mr. biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory." it would be difficult to convince a jury that they should convict him, by then a former president well into his 80s, of a serious felony that requires a mental state of willfulness." and that wasn't the only instance that the special counsel bringing up biden's significant limitations when it comes to memory. the president also could not recall the years that he was vice president or when his son,

beau, died. president trump has issued a statement, i will read it for you. he said they should immediately drop the case against me. i am covered by the president shall records act. he wasn't, he had many, many times more documents, totally unguarded, minor always surrounded by secret service and in locked rooms. and biden also made some more comments between -- about a distinction between him and trump. listen. >> i was especially pleased to see the special counsel make clear the stark differences between this case and donald trump. as the special counsel wrote, and i quote, several material distinctions between mistress trump's case and mr. biden's are clear. by the way, this is the republican council. most notably, after given multiple chances, special counsel, cooperated completely. i did not throw up any roadblocks. i sought no delays. >> dana: okay, we can talk about the merits of the case, but i think the most devastating thing that i have seen in this

campaign so far is from the special counsel on mental acuity and greg, i will turn it over to you but i want to put up this poll for everyone just to remind you the nbc poll from this week asked the question, does trump or biden has the necessary mental and physical health to be president? only 23% of those polled said biden had that mental capacity. so over to you. >> greg: remember how hard the media push the 25th amendment. >> yes. >> greg: now here it is. what do you do when it is you are a guy? clearly there is evidence of severe mentor memory loss, confusion, mental impairment. what are you waiting for? before a guide to one down pennsylvania avenue in a shower cap? they are just talking, by the way come about your kindly neighbor who forgets where he is, wandering your front lawn in an open rope. we are talking about the leader of the free world. they are describing him as an elderly man with a poor memory

that doesn't possess a mental state of willfulness. i mean, this is not gramps with onset dementia. this is the president of the united states, he has the keys to the nuclear football. i can only hope he doesn't know or remember where it is. this is like, to quote morrissey, the joke isn't funny anymore. it is now really real. they told us something we already knew at it is something the media can't spin, right? they basically said he is mentally unfit to stand trial. that is a naked assessment. we have seen him refer to dead people as if they are alive. he can't do simple interviews in the super bowl. he is declining faster than his poll numbers. it is, i think, at this point, something is going to happen. >> dana: i am beginning to think so, too. and i had not been thinking that way, mostly, except for when jesse asked me to comment if michelle obama's going to be stepping in.

i wonder, jesse, since the white house had an idea this was coming for a while, it was one of the main reasons they decided to decline the opportunity to do that super bowl interview. >> jesse: that would have been the first question at the super bowl interview. and then he comes out today and says case is closed, and then he says, i became president to bring red states and green states together. and he says he wants to bring back roe versus ward. this is two days after he said, i facade dead people. twice he is saying he is meeting with people that have been dead for 30 years. by the way, look at the garage. does this look like the garage of a president of the united states, or does this look like your grandfather's pack rat garage? that is not the way you organize your life as a president. there is a broken lamp with duct tape next to classified documents? they actually had to move the files to a different box because you couldn't even pick it up, it would fall apart. there is dusty golf clubs,

shoe boxes, and hunter is in and out of there with god knows who. come on. so they said this guy will fully retained classified documents that put our national security at risk because it was in an unsecure location, but he couldn't ever get a conviction e is an elderly man with memory issues. and he didn't really know what he was doing because he's got diminished faculties. so this is the same thing they did with hillary. hillary definitely broke the law and they laid out about a dozen times how she did it, but then they list about half the report about why we are not going to bring charges. they did the same thing with him. that's another beautiful off-ramp. but remember what they did to mar-a-lago. they had pictures of beautifully organized, stacked boxes in a ballroom. and the media says, how dare donald trump mishandle classified documents like that. and cnn, to this point, before they came on the air, they haven't even put up the garage

photos. they haven't even put it out there. did you know that the ghost writer who he shared classified documents with destroyed the tapes when he found out there was a special counsel investigation? so the minute he hears being under investigation for mishandling classified documents, the guy deletes all of the tapes of joe biden. then they are not going to charge him, of course. but they have joe biden on tape and i would love to hear these tapes because joe biden is on tape saying, yeah, these are classified, and he is sharing classified information with his ghostwriter. it is what david petry us got popped for, the exact same thing. and then they are saying this guy is painfully slow, significant limitations, struggles to remember his events, straining at times to read and relate his own notes. this was seven years ago. we are now seven years after the fact, and we are talking not only 25th amendment, we are

talking about you might have to bow out because the crescendo now is going to grow so large of not just the people in the press corps but other democrats are going to see this and read this and they are going to say, how can you do this to this guy? because right now this was a devastating body blow to the reelection campaign. no matter how they want to spin it. this was bad. >> dana: can you imagine being the press secretary thinking about that briefing tomorrow? i might call in sick, judge. i want to talk about the white house's response to robert hur saying the comments about mental acuity are superfluous and unnecessary and they said they are not true and they wanted robert hur to take them out and he didn't. >> jeanine: so you can't have it both ways. the comments are not true but the conclusion they came to to not indict joe biden is accurate and to the point. this report is worse than an indictment.

this report demands of the 25th amendment. and here is my constitution. this man needs to be thrown out of office, and there is another point. the fact they talked about the fact that he is an old man with poor memory, seven years ago, that he is sharing classified documents at a time when he is not even president, donald trump was president. this guy was in possession of documents as a senator, as a vice president, he had no right to have that information, sharing it with his ghostwriter, sharing it i am sure with the editor, the editor would not have published a book without making sure everything in that book didn't have back up, i have written eight books, i know t that. and then they say, well, he also showed a letter from kim jong un to bob woodward in the oval office. everything about this tells and shows the american people how there are two separate systems of justice. and this is where my prosecutor comes through.

if you get to the point where you say no jury will convict this guy because he is noncompass mentis, because he does not have the mental capacity to form the intent, that means you have already gotten to the point where you believe he should be indicted but you are not inviting him because you don't believe the jury will find him competent to stand trial. this is the worst thing that can happen to joe biden, let me say one more thing about that. when they made the decision to not indict, they still could have indicted him the way they indicted donald trump for espionage. the espionage charges that donald trump is under by crazy jack smith don't involve intent or willfulness. they involve gross negligence. so you want to tell me joe biden can formulate intent. he cannot formulate willfulness. then for sure you can get him for gross negligence. explained to me, mr. hur why

there is a difference there. and this indictment against donald trump for a number of reasons and i don't want to hog your time, should be dismissed based upon the joke that this whole thing is. >> dana: harold, want to hear everything you have to say but set it up this way. so the special counsel is saying that biden is too old and incompetent to be held responsible for mishandling classified information and state secrets, and biden is saying, i am not too old, and i am not incompetent, and i want four more years as the leader of the free world. how is that supposed to go over? >> harold: so, this is a tough day for the white house and for president biden. i think to go things. i think the judge has said some of it. basically everyone has said things that i agree with. i don't disagree with a whole lot. the thing for me is when mr. hur said, that he willfully retained documents, which on the trump matter has been the predicate for why charges were brought, so if you believe you willfully

retained the documents but your argument, the president -- president biden's argument is i cooperated fully with him and president trump did not, if indeed that is the case, and it looks like that could be the case, at least what we are reading in the public narrative, the navy president trump should have been charged with on the obstruction of justice. >> jeanine: exactly. >> harold: may not should have been charged with the handling of the documents. this case and the way it has been handled will certainly get more credence to that argument. but we cannot ignore the politics. the politics are infused with the legal part of it and certainly infused with the second part, which is mr. hur's conclusion that if he took this before a jury, that mr. biden might seem sympathetic because he is an older fella with diminished memory. the white house is pushing back on that. it is going to be difficult to push back on that. judge, i agree with your statement, reconciling the two, i am too old and my memory is too slight for me to be prosecuted, but i should get

four more years, which is what dana said, this is a complicated -- it's a complicated piece for the president. but i think of a legal standpoint, i think the question becomes, for president trump, former president trump, why was he charged if he willfully retained the documents and president biden was not? and if the reason is because president trump -- i get the reason he didn't cooperate and he told people not to cooperate, that would seem to me to be an obstruction charge. i just play lawyer on "the five." >> dana: people might remember this from "60 minutes" when biden talked about trump being irresponsible. >> how that could possibly happen. how anyone could be that irresponsible. and i thought, what data was in there that may compromise sources and methods. by that i mean names of people helped, et cetera. and just totally irresponsible.

>> dana: greg, maybe he didn't remember that he had it, too. >> greg: well, it is part of that pattern. they always blame the republicans or anybody for what they are actually doing. but i hear biden is fine, he just spoke to ruth bader ginsburg. [laughter] and she told him he can't be tried, so that's good news. i also kind of -- i find this a bit h-ist, as somebody who is young. that means if i commit a crime, i can't say that i have age-related mental cognitive difficulties. when you find that wrong? it is unfair he gets that defense and i don't. the other thing is this could be related, decline could be related to trump derangement syndrome. there might be an actual biological underpinning that when your brain is focused on an obsessive thought for a period of years, than the other parts of your brain atrophy. you are seeing this a lot of people with tds. they are failing in their jobs and their relationships because

they are overcome with trump. >> dana: what do you think the democrats are actually thinking behind closed doors? what do you think gavin newsom is sinking right now -- or even kamala harris? >> jesse: well, i don't want to say what gavin newsom is thinking right now, because it's dirty. but if i were a democrat, i would probably know that this was already happening. it's been whispered about. everybody knows. this thing here, what judge says it so devastating, this is what they have been trying to hide for three years. and so robert hur spends two days with the president. let's just say 5-6 hours total. that's more time than any reporter in three years has ever spent with the president. it is more time than we have ever really seen the president. could you imagine bret baier -- or let's just say greg gutfeld -- sitting down with joe biden for five hours

and asking him questions about policy and his performance? well, hur dated eight and the conclusion was the man has diminished faculties. they guess the biggest insight you are going to get about the president from anybody in a nonpartisan way. and forget about the fact that he is a republican. gave the guy six off ramps to not get indicted. he is arguing about the classifieds -- he goes, i get to keep these things because they are mine. these are mine. every other president got to take stuff home. it is the same argument donald trump data except he is not president. he is on tape arguing, no, this is classified but i'm going to keep it. this guy comes across as a small, sloppy, and mentally unfit man. and i bet a lot of people around the world are looking at this report saying, o oh, my god. >> dana: right, i wondered

about that, too. everybody is seeing this. that is also why the white house -- they are telling hur, don't include this because it is superfluous. our adversaries, our enemies, the troops see it, everybody sees it. >> jeanine: the truth is it is not as though they actually needed this. everybody has been seeing it for the last few years, but that is confirmation of what we all have been saying and what foreign leaders suspected. never karine jean-pierre or the president get a tough question, they say, you know, biden said, everybody knows i take classified documents seriously, or she will say everybody knows america is back. they never answer any questions. the president is incapable. seven years ago, he didn't know when he was vice president, when his term started, when it ended. six months ago he didn't know when his son died. and we are giving this man the ability to be the commander in chief of the greatest nation on

earth when he is an apt? and let me just say one thing, jesse. at least donald trump had secret service. in terms of those documents that he had as president. he also had them in locked rooms as president. joe biden took them when he knew full well as a senator he wasn't supposed to take them out of a scif and then he says i didn't know. >> dana: harold, can i ask you, let's be honest. aren't the democrats going to have some secret cabal meeting to say, what are we going to do? we cannot have him at the top of the ticket. >> harold: i don't know what the party will do. let me say two things. first, i agree -- i firmly believe what i said earlier, we are willfully retaining of the documents is a question about bf these cases. one is being treated one way, one being treated another way. it is going to behoove mr. smith and perhaps some of the justice department or both to my mind the american people what are the differences between thee

cases and why was one charge and one not? two, we are living in a time where the two leading candidates for president, both parties, both parties believe that they are too old to be president. a majority of them do. we'd like new people. we now have, to the judge's point, the point made around the table, we now have an independent verification for someone who chose not to bring legal charges against a president, citing strongly -- i have not read all of the document, but citing strongly as one of the reasons, that the president's memory and mental faculties would be a favor for him in trial, and he would appeal to the jury and he didn't want to indict him -- didn't want to bring charges, recommend charges for that reason. this is something, the justice department and special prosecutor on the other side, mr. smith, i think just because the country is so embroiled and engaged with, this is going to have to explain again the differences between these two. >> dana: the last word? >> jesse: i think it's the

worst two weeks since the afghanistan situation. you've had a week of immigration. and that is the worst thing he is known for. and then you are now going to get into a weeklong discussion of the democrats saying, the president does not mentally deficient. okay? and the polling, he already bottomed out at 33% and down 6 to tromp, and now you have quotes, "when did i stop being vice president?" or another quote, "am i still vice president in 2009?" those are direct quotes from the president. >> jeanine: this man is the president. >> dana: could you just imagine, if this was a report about donald trump? >> greg: i think it was, they just made it up. >> dana: the 25th amendment stuff. coming up, the big legal drama today was not only with biden. donald trump sounding very confident after the supreme court weighed in on him getting kicked off the ballot in colorado. ♪ ♪ there's nothing better than a subway series footlong.

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♪ ♪ >> and watching the supreme court today, i thought it was a very beautiful process. i hope that democracy of this country will continue. >> jesse: donald trump sounding pretty confident while the supreme court sounding pretty skeptical on the case that could alter the course of american history. the top court during oral arguments on whether colorado kanban former president trump from its state ballot. and they seem to be leaning in favorite on the former president. colorado disqualified trump from its ballot, citing section three of the 14th amendment saying he is ineligible for the white house under the u.s. constitution's insurrection clause. despite the fact that no court has ever convicted him of insurrection. but here is how bad it got for the democrats. the obama appointed justice kagan questioned the entire foundation of the

case. >> why should a single state have the ability to make this determination, not only for their own citizens, but for the rest of the nation? it sounds awfully national to me. if you weren't from colorado and you were from wisconsin or you were from michigan, and it really, you know, with the michigan secretary of state did is going to make the difference between, you know, whether candidate a is elected or candidate b is elected, i mean, that seems quite extraordinary doesn't it? >> jesse: there is also how you know the democrats lost big in court, it was like a funeral for liberal media. >> the justices come all six of them, will defend their boy and keep trump on the ballot. >> this argument did not go well for the trump challengers, that is to put it mildly. i probably have some other adjectives that i won't say on air. >> he is the one who helped cause -- who helped fan the flames lead to the insurrection, however they decide.

>> kind of disenfranchised a disenfranchiser and they are just looking for the exits. it is bizarre to me to watch the system continue to bend over backwards as he plays this chicken game with our system. speak okay, i think we have done all of the legal analysis we're going to get. it's odd. this is actually an opportunity -- >> it's odd -- >> he wants to talk about himself. >> jesse: the series legal analysis. from cnn. judge, what struck you today, listening to these arguments? >> jeanine: you know, i have, for the last few years, often wondered about my role as a prosecutor and as a public official. i mean, the system sometimes seems rigged, there are two systems of justice, we have been talking about it. as i sat there and listen, it was a great day for me and hopefully for many americans because we saw the united states supreme court go beyond the

issue of politics, recognized that its job was to analyze the constitution, in a interpretation that was not about politics, and when you saw them or heard them, it was clear that they were united on some issues, and it was a moment, to me, transcended politics, and i loved it. okay. they proved today how wrong the left was in predicting this was all about politics and they would make arguments that had nothing to do with the law. all of these arguments had to do with the law. the fundamental question is the 14th amendment. the 14th amendment was enacted to restrict state power, not to add state power. and for them to interpret and insurrection, where nobody has been convicted of insurrection, as a cause and give one secretary of state the ability, just as we heard, i think it was justice kagan, talking about, to

affect the united states and literally determine who will be our next president is antithetical to the constitution. there is no role for the states here unless congress gives the states the authority. they did not do that. it was interesting that sotomayor was the outlier, saying there was a lack of due process. president trump has not been afforded that due process as it relates to whether or not he is an insurrectionist. it was legally -- he was convicted by the mainstream media, the mainstream media believe they are the justices. the left is so frustrated because they control so much and all of a sudden they get to the top court and they realize they may lose on the law. >> jesse: i heard ketanji brown jackson also sounding very doubtful, harold, listening to the arguments presented by the colorado attorneys. >> harold: one of the great things about our country, and we sometimes forget, i try not to come is that our legal system

works. these are judges -- i disagree, judge pirro, in this way. these are supreme court jus justices. who took an oath of office. we shouldn't be surprised that these justices, because they were appointed by democrats, nor should democrats be surprised when a republican-appointed justice might agree with them. this is what our judicial system, this is what our framers had in mind. when justice sotomayor said due process had not been given to mr. trump, it didn't matter to her who mr. trump was. he was an american. and you can't deny someone an opportunity to be on the ballot if they haven't been convicted of something -- as a matter fact, he hadn't been charged with leading and insurrection, nor has he been convicted of anything. are there more, the record in colorado, you can't take the record of a partisan hearing, which is what it was, it was a democrat-led -- they had republicans on there from too -- and he was that, that is not a

trial, they use that as a record, for what he did. this was absolutely what was supposed to happen. we don't have a decision yet, but it seems as though that is what they are saying. president trump need some good news on the legal front. the absolute immunity case has been rejected by the d.c. circuit court. and you had a judge here award a defendant come i think $8 million or so in some case, so president trump had every right to say what he said today. i am not sure it was a beautiful process, i would just call it the process working. but the president has every right to characterize it how he wanted to characterize it. >> jesse: how did you characterize the process? >> dana: i thought it was beautiful. whereas america believes that the supreme court is as hopelessly divided, about a third of the opinions that they release our 9-0. and you don't hear about them, just like you don't hear about all of the planes that landed safely. this one, however, if it does go 9-0, and that look like the way it will go in trump's favor, you will hear about it and it will

be good to then get the process going. the bigger story for me is not this one. trump is going to be on the ballot, it's going to be fine. it is the story we did at the beginning. i'm still shell-shocked, i just cannot imagine what this white house is going to do. >> jesse: greg, it seems like the media had their expectations raised a little too high for this argument. >> greg: i love watching cnn. they officially have more people on their panel than viewers. have you seen their ratings? by the way, democrats aren't worried. president biden said he already spoke the thurgood marshall -- [laughter] he is good with banning trump. the reason why the media is melting down is because they help themselves into believing the insurrection hoax, because to believe that you have to believe it is the first ever unarmed insurrection. it is the press corps. many were let in and taking selfies. the only insurrection were the only casualty was an unarmed female protester who was shot

dead. it's the first ever insurrection where the president was they are giving a constitutionally protected speech where he implored citizens to protest peacefully. so that's crazy. you've got to remember who is behind the insurrection hoax, the same people behind russia gate, they just switched out the subjects and the verbs, but it is interesting to see a party that claims to be deep know my protecting democracy trying so hard to get the opposition off the ballot so democracy is sorted. if you want election interference, you got it, it is right there. >> jesse: that segment went beautifully. >> greg: it did. >> dana: beautiful process. >> jesse: coming up, joe biden is in some big troubles with black voters. >> get rid of [bleep]. >> jesse: that's not all. muslims and young voters also screaming and running away from biden. ♪ ♪ [coughs]

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♪ ♪ >> jeanine: joe biden is in some big trouble as his voter base crumbles. recent polls seem to suggest that the president is rapidly losing the support of african americans, muslims, and even young voters. but today, joe put on a brave face and tried to rally the troops at a house democrat meeting. but sleepy joe can't ignore his problems forever. a democrat who was in the close battle for a crucial house seat next week is practically begging biden to stay far away from his campaign. tom swazi is telling the media that he doesn't think it will be "helpful" beard and black chicago voters are also letting loose on joe biden. >> biden is a racist. >> who do you think has done

more for the black community, trump or biden? >> biden [bleep]. everything. >> [bleep]. [laughter] >> jeanine: all right, dana, start with you. we know he has been losing with the blacks and hispanics and the young voters. don't even add in today, but how does he -- >> dana: so it is interesting to look back and think about the democratic coalition that helped get him into office and then who has been most focused on serving. a couple of ideas here. rich white liberals, what do they want? they want more tax credits for their electric vehicles. they want all of the climate stuff. and what did he do today? he's focused on the squad and the concerns about supporting israel. more than he is on figuring out how to make sure that they have some sort of proactive why i should be elected to a second

term, i can't remember why a type of messaging. i am still focused on the a block. working-class voters come hispanic voters, swing states, he is not focused on any of tho. apparently the campaign is having a big meeting, the biden campaign, going to get together and talk about what is going to happen going forward. at this point you should be able to have that message. it should be clear what you want to do. and he is not able to pull together the coalition from before. and i would add the other problem for him is, especially for black men, if you read in "the washington post," for example, twos on days ago, a big piece about how black men feel about the economy and they are more likely and willing to vote for a republican than their parents or grandparents were, so the coalition's, the local coalitions on both sides are shifting command right now it feels like the republicans are on the winning side of that. >> jeanine: yes it does. harold, if you were advising, what would you recommend they do? >> harold: you take it seriously. we have seen some polling data and we have shown some anecdotal things here on the show, and i am sure they are seeing some of

this. you almost have to take seriously that tom swazi in an election, a special election here in new york, that will portend to come i think come in many ways, what we should anticipate come november. he doesn't believe that mr. biden would be particularly helpful and i believe that a republican has not invited mr. trump, but put that aside. how do you meet voters where they are? how do you begin to talk about those things you have done and what you are going to do going forward to create more ownership and access to opportunities for communities that have been left behind? how are you going to invest in schools and hold people to a metric to ensure kids are being educated? the bread and butter things i think are things that sometimes democrats lose track of. they think that every two years or four years you can run a get out the vote campaign with african americans and they're going to get out because they dislike or be able to paint a picture of the other side. and donald trump is an easy person to paint a picture about. a challenge with trump is, so

many people know him. so many people remember him. and he does have a relationship in the minds of a lot of voters with business and opportunity and ownership. there is no doubt there is some voters in the country, including black voters, who believe he has been picked on and they believe that is something that makes them somewhat of a folk hero. if democrats -- the one glowing thing for all of this, you look at the numbers where he is down against biden three or four points, the democrats can get african american, latino voters to come back into the four come november, is a good thing but you won't do it with a simple conventional steel get out the vote campaign, you are going to have to be creative and thoughtful. entrepreneurial and enterprising and how you do it. >> jeanine: jesse, you can't say, you know, if you ain't black, you know, you can use that mentality with the voters. >> jesse: even the god isn't going for that anymore. it's tha god, right?

people forget how close the last election was, 40,000 votes across a couple of states. georgia, michigan, pennsylvania, and wisconsin. georgia population for blacks, 33%. if biden loses just 1% of the black vote then he did last time, georgia is gone. look at michigan. 15% black beard also 3% muslim. muslims aren't going for him anymore. plus tons of college towns. wisconsin. pennsylvania. 12% black. tons of college towns. young people. islamic people. black people. trump just needs 1% or 2% better than he did last time, and he sweeps these blue states. not just one or two, sweeps. >> jeanine: greg? >> greg: i guess i wonder what other republicans going to do to take advantage of this? it's not enough to gloat when these things happen. and it's a challenge to reach black voters because the media

runs interference between their lies and reality, so the worse it gets for blacks, the more the media cranks up the race card. hey, you know, you see that, they can't really vote for him over economic issues, he's racist. you've got to wonder how long that's going to last. because when the white saviors on the left keeps telling you out for other identities, which is the consequence of identity politics, one day you are in, the next day you are out, got to start wondering what are the policies that work for black, white, hispanic, the elderly, the young, you start thinking, maybe i should start looking at the big picture. he is prospering under one group and it is what michael malice calls the awfuls. you know what the awfuls are? affluent white liberals -- female liberals. affluent white female liberals, awfuls. and it is so fitting. >> jeanine: so much for

fitting. up next, and joe biden just blew up his phony excuse on the border. ♪ ♪ it's electric... hmmm. ...it's gas. hmmm. quite the paradox. it really is both. hmmm. the first-ever lexus rx plug-in hybrid. ♪ ♪(song in french)♪ (♪) (♪) (♪) (♪) book in the hotels.com app to find your perfect somewhere.

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>> greg: according to nbc, the

white house has been waiting for months to use an executive order on the border. despite biden saying he was powerless. now we know. tech is governor greg abbott was at the border today and called biden a hypocrite. >> the president of the united states is not enforcing the laws that are already on the books. he does not need more laws. he has the tools in his toolbox to do exactly what texas is doing. >> greg: judge, what do you think? >> jeanine: i am so fed up with saying the same thing. just what he said, we don't need a law, enforce the law, don't give me this nonsense, i need the money, show me the money, i mean, the guy's a fool and it has just been confirmed. the truth is look what texas is doing. they had 70,000 in december and 71,000 in december, 17 in january. we can stop this. we can stop the crime that is going on, we can stop the attacks on our budgets, schools,

hospitals, social services, enough. >> greg: harold? >> harold: i get no might differ with governor abbott. i have been saluting him with what he did sending people around the country, that is what got democrats to do something. president trump even tried to get two things. first you need asylum reform. the asylum reform is not part of what a president can do. he can reverse the remain in mexico and the expansion of benefits and he can reverse the deferral of bringing crime charge against someone who enters illegally, but you cannot reform the asylum process, you cannot shut down the border unilaterally, this bill would have done that. everybody can be wherever they want to be on the bill but we should understand one thing, not passing that bill is going to enable more people to come across that border. i do agree president biden should reverse the stay in mexico policy, but you can't reform the asylum process, nor does the president have unilateral ability to shut down the border, but for what that bill is going to do. >> jeanine: so we should take 10 million people and -- >> jesse: i didn't go to law school but why do i know more

about the law then harold? 1952 immigration and act. he has unilateral authority to repel any alien for whatever reason, for as much amount of time as he wants to. unilaterally. doesn't need congress to give him special powers. go back to law school. >> harold: we have an asylum process. >> greg: all right, dana. >> dana: democrats are 32 points behind republicans on this issue and no amount of democrats trying to work is going to change that. >> greg: in your face, harold. "one more thing" is up next. [laughter] ♪ ♪ .

#

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>> jesse: that is what happens when you get out there. greg, i know you don't ski. >> greg: you are expert in moose. >> jesse: different spelling. get do not biden report how mentally unfit is he to be president. >> greg: kelsey. kat timpf, tyrus. first, let's do this. greg's in my neighborhood. yeah, walking the dog today. look what i saw. yep. that's at an outside a bar. not only is the person having wine at about 11:00 a.m., look at when idiot is doing. yes, a vision pro. no actual adults should be doing this. correct? >> i'm going to agree with you there, greg. >> greg: this is idiotic. >> dana: you have a very steady hand on your camera work. >> greg: thank you very much. my wife did it. >> i knew it had to be her. jimmy failla.

new book court dictionary "new york times" best seller. pick up a signed copy of the book when he joins me at the little point book shop point beach, new jersey. this saturday at noon. >> greg: little point. >> dana: jesse, will you bring your book get it to egg? >> jesse: i'm so glad you asked dana.out "get it together, it will available for. we will be going to the little point book shop. i will be doing this to all the people. >> harold: i flew back from chicago. jimmy book is in the american airlines thing. best seller. belmont universal student won a free tui semester of tuition. got his big check there. actually going to get the money. congratulations to him. it doesn't cover room and board. he seemed like he had a good time last night. >> greg: all checks are like that. >> dana: can i definitely do that what, harold? judge? >> jesse: two missouri police

officers -- they told me to move. sorry. >> two missouri police officers responding to intrusion alarm had no idea what they were in for. check out this wild body cam footage. >> score on the house. >> squirrel. clear. [. [laughter] >> close that door. >> son of a [bleep]. >> jesse: what was that? >> judge jeanine: it was a squirrel. >> judge jeanine: you can't see it. it was a squirrel. they told me you could see the squirrel's eyes. >> jesse: i didn't see it. >> dana: we will run it back again and be late getting to "special report" no. we won't. that's the it for us have. great night everyone. hey, bret. >> bret: i saw the squirrel's eyes. >> dana: you have good eyes. >> bret: good evening. i'm bret baier. breaking tonight we are following two major stories. the u.s. supreme court hears arguments in colorado's attempt to kick former president donald trump off the 2024 ballot. the landmark case is something thcot