bring a charge and what you are down to, can you make out the mental intent. in that regard, based on a lot of evidence she found biden acted willfully. there is provision under the espionage act, trump has been charged with. in the espionage act, if you mishandle classified documents after trusted with it, gross negligence is a 10-year felony. gross negligence is a layup. >> neil: or not, we shall watch. >> hello, i'm jesse watters, along with judge jeanine. harold ford jr., dana perino and greg gutfeld. it's 5:00 and this is "the five."

>> the comments made by that prosecutor, inacaccurate and inappropriate. the way the president's demeanor was characterized could not be more wrong on the facts and clearly politically motivating, gra tuittous. >> kamala harris rushing to defense of her boss after what was said by the special counsel. the president melted down in front of the nation, they sent out ian samms and of course, binder. >> facts and evidence refute the theory they explored. the public is smart and can see what is going on. they can see and understand when

people are gratuitous and make comments they should not make. >> peter: significant limitations on memory, who is helping him run the country? >> the president and commander-in-chief runs the counter. that part of the report does not live in reality. >> jesse: special counsel hur skipped charges and portrayed joe as elderly man with a poor memory. biden went laballistic saying h the f could i forget the day my son died. >> you are a well-meaning elderly man with a poor memory. >> president biden: i'm well meaning and i'm an elderly man

and i know what i'm doing. >> peter: how bad is your memory? >> president biden: my memory is so bad, i let you speak. my memory is fine. >> jesse: here is cognitive cherry on top, the president who sees dead people was walking out of the room, but came back to the podium just to confuse the leaders of egypt and mexico. the president of mexico sisi, did not want to open the gate to allow humanitarian material to get in. >> jesse: greg gutfeld? >> greg: why me? you're right, kamala had to do that. box of wine and stack of catalogs, she is looking at new drapes and rugs, she can hardly contain herself. how do we know her, it could be

a they. what is painful, it is not what biden is saying, it is silence between the words, long gaps speak louder than any gaffe and not as if the slow pace reflects thou thoughtfulness, he is searching for thoughts. it is not fun. it is long silences that hurt you. i was toggling between the biden presser and vladamir putin-tucker interview, i can't help but compare. one was a two-hour lecture, tedious and the other was a tantrum. i was flipping through history channel and celebrity rehab. with gary busy. the media fabricated complete

reverse. putin was in ill health, shaky leg and hands and joe was fine. but both were fake and came from the same media mob and now we actually seeing the truth and we'll talk about the media next block. for me, it compares two presents and not two presidents. putin, dictator, he is not incapable and he's definitely pro-russian, you can detest how he demonstrates it, he worried about border and national identity and cohesion. we're a free country, voices and opinions and that is our strength. our progressive leadership, our legacy media, hateful academia with views about america which are disgusting have made patriotism and borders dirty words. they are as much a relic as joe

is. i fear watching tucker interview putin, that putin gets that. that scares me, he knows we're a fragile country right now. that is what i got from it. >> jesse: i wonder what other world leaders think when they sit down with him? >> dana: a story, david remnick wrote how two north koreans are allowed to work at the u.n. and he was working to get an interview with kim jong-un's dad. when trump was coming on the scene, they were so confused and say when he says this, what does he mean? unpredictability was there. i can't imagine, the special prosecutor said they do not have mental faculties, what does this

mean? special prosecutor gave cover to say what americans have been telling pollsters for a couple years. nbc poll said 23% of people in america think biden has mental capability to be president. paul pagalla said he went to bed fine and he woke up and he said his quote, he wet the bed. all the democrats were telling anybody that said robert hur was going to be easy on joe biden, but hes trump appointed and trumped he was nominated by two democrats. let robert hur do his work. immediately they have to attack the special prosecutor. they might be mad at merrick garland for releasing the report. robert hur has to provide a reason to the attorney general

as to why he's not going to press charges. the reason ask he is mentally incompetent and the jury would be too kind to him. fatal flaw, taking questions. second flaw, leaving the room and deciding to take a last question and return to the podium and that is where he made the mexico and egypt mistake. and there were five words, i am not a crook. and now biden's five words, i know what i'm doing. joe biden was so mad, i understand why he is mad, he tried to land that joke against peter doocy, he could not do it. >> jesse: they were teed up, a judge -- should have gone to bed and done that press conference when he was fresh. >> judge jeanine: it was past his bedtime, it is typical of a

man with a temper. we've been hearing he curses his staff out, they consider himself lucky if they don't have to go in and talk to him. this press conference was such a mistake to come out and try to prove that robert hur was wrong in the designation they called gratuitous. he proved he is not able to handle himself, the longer he went, he mumbled and hesitated and said, how the hell do you dare raise that. outraged that someone would remind him about he doesn't remember when his son died. he talked about it all the time.

he said it is none of your damn business about when my son dies. he pulls out a rosary to tell you where it is from and he can't remember where it is from. simple rage, not like i know the year my son died and he could have said it, he was more interested in yelling at people. he said this stuff has no place in the report and so did kamala harris. i think kamala harris behind closed doors is salivating and saying, i knew sooner or later, they would get to me. only reason that stuff is in there, it is not gratuitous. joe biden violated classified document statement, it is clear they made it in the document, willful retention and he shared

information with his ghost writer. no question he violated the law. part of prosecutorial discretion, they used that a jury would not convict him, i don't think he would be competent to stand trial. he can't put two sentences together and they have a guy who says i cooperated, that is difference between me and trump. no, you didn't. in 2017, he actually says, here is some of my classified documents. if he cooperated, why did he wait six years to hand over documents he found in 2017 that he had no right to. everything he did was in violation of the law, his ego and anger will be his downfall and americans will not buy what

ian samms is selling. harold ford jr. harold ford >> i think democrats ought to be replacing him, i don't think that. as david axelrod said, you can't unring the bell. the president has diminished faculties, this was happening and this was prevalent before the report came out. robert hur will not bring charges because the jury might not want to convict the president if they bring charges, is something they'll have to deal with. judge, you are right, and dana, as well, the timing was wrong for a person who -- i don't care

your age, if you are not night-time person, you should not do night-time press conference, especially angry. the president has to stay active, accept super bowl interview, layout and understand what you want to say when you talk about your record and what you plan to do if elected four more years, stay on congress about passing border security bill, get funding for israel and ukraine, the meeting with the german chancellor was a smart thing and answers were smart. he has to stay up and don't put him out at night ever began. not good for him or our allies or those who seek to do us harm. >> greg: don't put him out at night. what about pick it up at 3 a.m.,

now it is don't pick up at 3 p.m. i'm with her. >> michele? >> no, with hur! >> robert hur. >> michele will be the nominee, i thought that was what you were talking about. media trying to defend joe biden if he is mentally fit by saying he can ride a bike. there are some things that work better together. like your workplace benefits and retirement savings. voya helps you choose the right amounts without over or under investing. so you can feel confident in your financial choices. voya, well planned, well invested, well protected. i brought in ensure max protein with 30 grams of protein! those who tried me felt more energy in just two weeks. -ugh. -here, i'll take that. woo hoo! ensure max protein, 30 grams protein, 1 gram sugar, 25 vitamins and minerals. and a new fiber blend with a prebiotic. (♪)

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♪ >> dana: the entire country is having serious questions whether president biden's mental state is in decline. some pundits are lashing out at

the special counsel and saying the president is smart as a tack because he can ride a bike. >> he is 80 years old. >> he rides a bike. >> this is ageism. >> why would he want to remember the day his son died, why? >> special counsel could have written the same report without using these words. elderly man with a poor memory. >> the justice department allowed that to be released. >> everybody has said the wrong person or wrong date. >> if you don't have a case, shut the hell up. >> dana: some racing to defend his mental capacity. >> it was a simple mistake, everyone understood what he was

referring to. this is someone whose age has benefit in his experience and understanding and his knowledge of foreign policy. >> the fastball the special counsel was speculating about defense strategy is wild. i am puzzled why the special counsel chose to make statements that he had no business making. >> dana: i'm confused why they would think telling us he is lucid because he can ride a bike and that is one thing you never forget how to do. >> greg: he didn't ride it very well. a chimp can ride a bike. i saw that larry kudlow's house. i was pulling for him. you have him talking about inappropriate behavior, he choked his chicken in front of co-workers.

you going to have alec baldwin on to talk about gun safety. they decided to focus on border agents and with covid shifted to disinformation and now joe can ride a bike. problem is, in the new age of media, you can't hide anymore, people see through this stuff. they make it more hilarious than it should be. if they accepted reality, that might be a good point. it makes jokes necessary, offering second punch line with stupid behavior. >> dana: judge, what would dems have said if special counsel report about trump had said declined to prosecute, they have not released as to why?

>> judge jeanine: they would have gone crazy and said the fix was done. one of the people said that is not a defense strategy, they should not talk about defense strategy. incompetency is not a defense strategy. it is something the prosecution considers. making it like the guy never made a mistake, in the past week, he called red states and green states and said he talked to cole and maderon, both are dead. he referred to hamas as opposition and someone had to tell him the word hamas. he said sisi for mexico -- stop trying to gaslight us, this guy is incapable and every time he makes a mistake, people go back

to this. joe biden is not the candidate in november. and i think people, smart people like axelrod and carville, they knew and predicted it. people like newsom and karine jean-pierre, nobody takes her seriously, she has more energy than anyone in this building, does anyone believe that? when newsom comes out and speaks, he's greatest president, they lose credibility. in the end, see how it plays. >> dana: harold, do you imagine we'll see books that come out and say in february of 2024, democrats having secret meeting to figure out how to deal with the fact biden lost mental capacity? >> you might, but what is likely, there was talk about

mental capacity and what did dems do to help them win and if he loses, they will say because of this. i heard criticism about this special counsel and i don't know if special counsel in the past surmised about mental acuity and mental health in reasoning for things and judge made the point this is not legitimate defense. i'd be curious to see and hur will testify that standard for special counsel to do so and i'll be curious to know and someone will ask him, if you chose not to prosecute, even though, the issue is if he intentionally retained documents, why wouldn't you prosecute him. if you believe he will be friendly to the jury, that seems to be more testament of you

being -- prosecutor, that seemed unique and different and i understand some criticism about that issue. >> judge jeanine: prosecutors do it everyday, we are not prosecuting this guy because of insanity or he is not mentally capable of going in. >> he did not say that. >> judge jeanine: he could not say it that hard, that went through several rewrites. >> dana: see the first draft. >> he did not say that. >> dana: jesse, a flurry of glowing profiles of kamala harris in the next few weeks. >> jesse: do you think the media is in on it? i wouldn't put her out there. if you take her out and he

doesn't run, you can't put kamala out there. you going to feed her to the wolves? you can't bring in newsom. you don't want to dirty up newsom, might lose to trump. save him for 2028. only other option is michele, she doesn't want it. sources inside chicago say she is not interested. you have to run biden, lose with biden, that is calculation. >> dana: she is not in chicago. >> jesse: she will be for the convention. >> dana: is "the five" ready for the big game? what we're doing for the super bowl up next.

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>> judge jeanine: america, are you ready for the super bowl? "the five" is getting our game faces on before the chiefs face the 49ers in las vegas. patrick mahomes is looking to win for the third detime. usher is this year's half-time performer and hinting at huge surprises. >> i made it easy when i decided on hit records. i went through ideas who i would have share this moment with me and i do feel like the people who are going to share it deserve as much recognition for what they do in their career, rather they have moments of their own. >> judge jeanine: other big thing people are talking about,

will taylor swift make it in time to watch her boyfriend, chiefs tight end travis elise. she has a concert saturday night and plans to make it to las vegas before the game. greg, what is your go-to food during a super bowl? >> greg: i won't be watching the super bowl and i tell you why? >> judge jeanine: what? >> greg: i did research and i know people are dismayed joe biden will not do the super bowl talk. and "weekend at bernies" is playing and "naked and afraid" and i will be celebrating one-year anniversary of gus making his super bowl adpremiere. >> judge jeanine: ah, wonderful. okay.

jesse, are you hosting or attending a party? >> jesse: i hosted and we lost. this year going to emma's parents. i want to leave at halftime so i don't miss any of the game. i have a feeling emma, will want to watch usher. i want to get home to wash the third quarter. i do not want to miss a good chunk of third quarter driving back to my house. >> judge jeanine: you figured it out? >> jesse: i will probably do what my wife wants. >> dana: let her drive home and watch -- >> jesse: i don't know how to watch on my phone. >> judge jeanine: drive two cars. harold, usher says it will be an event. who do you think he will bring on? >> i don't know, he said he was

going to sing with luda and lil john and he reached out to madonna and -- i read a different packet than you did. super bowl is like a holiday, you have 60 million people on average who call in with super bowl flu on monday morning, figure out a way, i might be sitting next to one. >> judge jeanine: will you be here on monday? gl >> i will, that is 5 p.m. >> judge jeanine: jesse? >> jesse: i will be here. eagles are not playing. >> judge jeanine: american embassy said don't worry americans, taylor swift will make it back in time. how much blow to super bowl would it be if she missed the super bowl? >> dana: i called norad today, they are on top of it,

everything will be fine. i got a tip because usher said he wants to bring people together. his secret people he's bringing on to reconnect for harmony, justin timberlake and britney spears. >> judge jeanine: one quickie, 49ers or chiefs, greg? >> greg: i'm going with 49ers. >> dana: chiefs for kamala -- for kamala? because bill hemmer chose 49ers and i said i would take the chiefs. >> jesse: i'm going 49ers. >> chiefs 39-27. >> judge jeanine: chiefs. and larry getting called despicable for beating up elmo, up next. i love your dress. oh thanks!

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>> welcome back, "star trek" ac actor wil wheaton going into rage for attacking elmo. >> wait, wait, not yet. >> you love elmo, don't you? >> elmo loved you before. >> ask permission before you touch people, larry. >> elmo? >> larry? >> i want to apologize. >> thank you, larry. >> mr. wheaton launching the attack on elmo saying it reminded him of his father

abusing him as a child. what the bleep is wrong with that guy, elmo is like the best friend. larry bleeping david did that and thought it was going to be funny what a tone deaf bleep hole. glad i got through that without saying the words. >> you don't go to big bird and kick him in the testicles. >> he doesn't have them. >> isn't big bird a guy? >> nonbinary. >> oscar is a guy, big bird is a guy. >> you don't see gender in sesame street characters? >> no. >> it is a puppet. >> no. a person in there, greg. >> i am too old to have cookie

monster and elmo. >> larry is hilarious, i can't wait to see "curb your enthusiasm." >> greg: this is nbc and they are reeling from the matt lauer scandal. wil wheaton lives his life online, he believed these outrages are real and he ventures who the real world, he is a complete ass and spells his name with one l, wil. >> i retract my artificial stats. judge. >> judge jeanine: was there justification for that assault? what did elmo do? larry david, who is a good guy, felt the need to assault him and

sentencing was apology, let it go, that is enough of it. >> greg: they will not keep him, he'll be back out on the street. >> does working from home make you a loser? minneapolis thinks so, check out these comments. >> come experience greatness of downtown. they stay home sitting on their couch with their nasty cat blanket on their laptop, if they do that for a few months, you become a loser. it is a study. we're not losers, are we? >> greg: stand down. >> exclamation point, he wants people back out there. he's mayor. is that way to incentivize people coming back to work?

>> he wonders why people don't want to leave their city? you can't blame people from wanting to stay home. he had cops stand down issue not everyone has paid security like him. he's a goof ball. minneapolis used to be awesome city. remember mary tyler moore. now nobody wants to go downtown. >> your honor. >> judge jeanine: i agree. this guy is calling everybody else a loser when he was a loser. he is the reason minneapolis is a mess. he made schools close down and defunded the police. try not to make like it is great. >> dana: mayors are trying to bring their downtown back. totally unpersuasive, new york

city and washington, d.c. terrible and san francisco and denver, what do they have in common? homeless problem, crime problems, people don't want to go downtown, commutes are terrible. maybe you can be home two days a week, come in three days, whatever it is. mayors need to change to figure out how to get people to want to come back. >> how would mayor watters get people to come back to work. >> it is not being a loser if it is a home like your size, harold, if my apartment, you are a loser. in order to get them back, what would i do? offer them freebies, i don't think that is right kind of incentive. probably say something inappropriate about being in the

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>> what is your first thought when you wake up and don't say me? >> my dog comes to the side of my bed, my jack russell. >> greg: nice thing to wake up to. judge? >> judge jeanine: is the sunshining? >> jesse: i'm dealing with jesse jr., usually make breakfast.

>> judge jeanine: you do? >> jesse: yeah, he's loud and proud. >> dana: i wake up pretty early, say a few prayers, that is where i start. >> greg: you pray. first thing i do, do i have to pee bad enough to get out of bed. >> that is what i do at 2:00 in the morning. >> greg: i am not going back to sleep until i do that. is there an actor or actress you have to see all their work, dana? >> hugh grant. >> you didn't say john holmes. >> i like ryan gossling, not in a homosexual guy. there is also another guy like

him, brown hair. not miles teller. he was a boxer in a film. >> jason statham? >> jake gillenhal. i'll see his stuff, too. >> matt damon and denzel. >> equalizer series. judge? >> judge jeanine: i think i've seen all his movies, charlton heston. >> robert mitchum. jason stathom, beekeeper is amazing. it is about online scammers going after the elderly and jason sets them straight and kills them all with gasoline. >> dana: biden had lunch with him last week.

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♪ >> jesse: timtime for "one more thing." let's get into a feeding frenzy. put it in my -- greg, did you know it was national pizza day? so happy national pizza day. did you know the average american eats 23 pounds of pizza each year? did you know that? >> greg: yes, i did. >> jesse: yeah, there are some things you don't know, greg. those things when you don't know, i know. did you also know that this pie is from frankies in bay ridge, brooklyn. and i'm going to be naming this pie. i got naming honors. brie chute toe, get it together pie. >> greg: you make me sick. nothing to do with my book you can order on amazon.

frankie's. and "jesse watters primetime" dei thursdays on a friday. go figure greg? >> greg: we got amazing show ms. dana perino, joe machi, kat timpf. tonight 10:00. we haven't done this in a while. animals are great ♪ animals are great >> greg: do you know what is just as delicious as a pizza? a baby blue penguin just born at the california zoo. at the aquarium, hatched at the birch aquarium in san diego. this is the first time ever for a little blue penguin to be born. it's growing -- why do i care? anyway, it's very fluffy. >> dana: he looks cold. >> greg: 3 months old. penguins are amazing creatures. anyway, i'm done. >> jesse: dana? >> dana: owners of an animal sanctuary in california have

learned the y that they have to lock the doors when they came out. look who came in, camel named albert trying to sneak snacks out of the kitchen. he is quite big and clumsy. he is causing, you know, a lot of havoc in there. lock your doors, everybody in california. be safe. >> greg: did that happen on wednesday? because that would have been hump day. ha ha ha ha ha. >> dana: you know what? it did because i didn't do my one more thing on it yesterday. very good, greg. >> jesse: even when you are funny you are right. judge? >> judge jeanine: so a kangaroo in florida just wanted to go for a late night dip, but, and got the cops called on him for trespassing, after some with the sheriffs. he eventually gave himful and was returned to his owner. unfortunately the hoppy fellow never got to go for a swim. but now he is home safe and sound. >> dana: won doctor what i took home in his pocket? >> jesse: what's the pocket called by the way? pouch, i knew that. >> harold: three dudes three men

in their 80's have been going to super bowls 19 # 7 first afl nfl world championship game. they have been doing this -- they can remember when a super bowl ticket cost 8 bucks. >> wow. >> harold: hen shaw was a tailors. patriots fan still greet each other with the middle finger number one how much they care about their team. hope they have a great time this weekend. >> dana: tickets are expensive. >> jesse: anybody rips off their social security numbers? who is coming after them? jason stay thome. have a great night, everybody. >> shannon: good evening, welcome to washington. i'm shannon bream in for bret baier. serious pushback from president biden and his team over the government report that says he is ae