happy valentine's! from 1-800flowers.com. use one word to describe our relationship. rollercoaster. (laughs) he's my best friend in the whole world. ooooh, these are cute. thank you! boom boom, boom boom. share your love this valentine's with 1-800flowers.com. gross negligence is a layup. >> neil: or not, we shall watch. hello everyone i am jesse waters along with judge jeanine eapirro, dana perino and greg gutfeld. this is the five.

>> the comments made by the prosecutor, gratuitous, inaccurate and inappropriate. the way the presidents demeanor in that report was characterized could not be more wrong on the facts and clearly politically motivated. gratuitouspo. >> harris rushing to the defense of her boss after hehi nsgot called a man with a brain made of swiss cheese by the special counsel the white house doing some damage control after the president melted down in front of the entire nation so they print dominic sent out a spokesman. some of the cases close the facts and evidence refute the theories that are floated the public is smart and they can rysee what is going on. i think they can see and understand when people are

gratuitous and make comments that they should make. i don't know how many folks have read all 400 pages >> of the special counsel said president biden has significant limitations on his memory, who is w i helping him run the coun. >> the commander-in-chief runs the country that part of the report we don't think lives in reality. soon it p tbiden's brain spira ecstarting after the special counsel releases bombshell report that portrayed him as an elderly man with a poor memory biden went ballistic after saying how the f could i forget the day my son died and the president blew up on national tv. .>> one reason you are not charges because in hisre description you are a well-meaning elderly man with a poor memory. >> i am well-meaning and an elderly man.

to make your memory and can you continue as president? >> my memory is so bad i let you speak.w >> your memory has gotten worse. >> my memory is finey is. >> here is the cherry on top the president sees dead people and was walking out of thee ro but came back to the podium to confuse the leaders of egypt and mexico. >> as you know, initially, president of mexico did not enwant to open up the gate to allow humanitarian material to get in. >> all rightal greg gutfeld. >> why me? >> why not? >> she had to do that behind-the-scenes a box of wine and a stack of catalogs she could hardly contain herself i think s,by the way how do we kn it's her? it could be that they?

it's not what he is saying is the silence between the words these gapsee speak louder than any gaand it's not as if the sl pace reflects some kind of thoughtfulness. it's a man searching for thought sees on the beach with a metal detector looking for a bottlecap for his collection. is the long silences but just hurt you. i was toggling between the biden presser and the putin tucker interview so i can't help butlp compare its natural and one was a two hour lecture it was tedious and detailed and the other was a tantrum i was flipping between the history channel and celebrity rehab with gary busey. it's not my fault. the media has created this contrast they were the ones thatom fabricated the complete reverse putin was an ille.

health. remember? the shaky leg inha hands and it was joe who was fines but both were fake but they came from the same media mob and now we are seeing the truthtuan and i talk about the media in the next block but for me it compares 2 presence and not 2 presidents. think of what you putin. propagandist, murderer, no question he's not incapable and ouhe's definitely pro-russian. you can detest how he demonstrates it but borders and national identity and cohesion. we are a free country we are a cacophony of voices and opinions and that's our but our progressive leadership are academia with their views about how america patriotism and borders dirty words.

they are as much of a relic as joe is and i fear watching the tucker interview putin that he gets that. that's what scares me. he knows we are a fragile country. that is what i got from it. >> i wonder what other world leaders are thinking when they see this report comes out. did they know that when they werele meeting with president biden heargued that confirm the t things they thought. >> this story in the new yorker a few years ago, there were 2 north koreans allowed to work at the un that he was working with them to try to get an interview with the leader of north korea. and trump was coming on the scene. they were confused and they would come all the time to him and say when he says this, what does he mean? i can't imagine the special prosecutor seth agthe president isor forgetful and doesn't have his mental faculties.

the special prosecutor gave reporters cover to finally say what americans have been telling people for a couple ofe years. 23 percent of people in america think that biden has the mental capabilities to be president. a strong democrat said he went to bedto fine and woke up and s what happened and he said he wet the bed. and also these people and all the democrats, they were telling anybody who said that robertbe her was going to be ea on job either said he is trumpp appointed as he is nominated by the democrats of delaware and let's let him do his work it immediately they have to attack the special prosecutor. they might be mad at garlands because he released the report

but they have to provide a reason to the attorney general as to why he is not going to press charges because he is mentally competent in the jury would be too kind to him. the fatal flaw was taking questions and the second was leaving the room and deciding to take one last question and returned to the podium and vassar he made the mexico egypt mistake. nixon had five words everyone remembers. i am not a crook. biden had five words last night. i know what i am doing and this feel beginning and i like joe biden was so mad last night even when he tried to lay on the joke against peter ducey he couldn't do it. >> they were very tedious. the judge should have gone to bed and on that press conference in the morning >> it was past his bedtime and sis typical of a guy who has a temperis and we know that he ha

a temper. we have been hearing about it. he curses his staff out they consider themselves lucky if they will have to tgo in and deal with him and he curses them out because he doesn't think they have the answers but this press conference was a mistake for him to come out to try to prove to the american people that the designation that they call gratuitous regarding his mental state but he proved he is not able to handle himself he proved the longer he went in that press conference the more he mumbled, the more angry he got. he starts out by saying i think e he said how the hell do you dare raise that? he is outraged someone would raise the fact he doesn't remember the year his son died and he said why would you talk about that at all? because you talk about it all the time.

he says it's none of your damn business about my son but he talks about his son all the time. he pulls out a rosary and he wants to tell you where it's from but he can't remember t an his answer to not knowing what year his son died was rage not like i know the year my son died and he could've said it last night but he was interested in yelling at people and then he says this stuff has no place in the report and honestly i think harris behind closed doors is salivating. i think she is saying right from the get-go i knew sooner or later they would get to me and maybe i will go out and say it was gratuitous.at the only reason that stuff is in there. it's not gratuitous. joe biden violated the classified document statute. it's clear they made it out in the document it was a willful retention and he shared classified information there is

question he violated the law. they had to put in his state of mind that was part of the w. prosecutorial discretion that a jury would not have the ability to convict him. i hoped he would be competent to stand trial. this guy couldn't do a three minute interview. he can't put three sentences together and in the end what they have is a guy who says i cooperated thus the difference between me and trump. no you did it because we know from the report in 2017 he actually says here's some of my classified documents. if he cooperated why did he wait six years to hand over those documents that he found in 2017 that he had no right to. everything he did was a violation of the law. his ego and his anger and americans are going to buy what he is selling.

>> as i share yesterday i think this was a tough day for the president there was a headline that suggested that democrats ought to be thinking about replacing him. i think you can't unring the bell. and this notion if it isan true or not that 'tthe president is forgetful that he has diminished faculties, this was happening and this thinking was prevalent before the report came out for him to say the reason he would not bring charges was because a jury might be amenable. i found that qualify to the point they wouldn't want to convict the president, something they will have to deal with and i think e the pre conference last night the timing was t wrong.

if you are not a nighttime person you should not be doing nighttime press conferences especially if you are angry. for the next few weeks and months you have to stay active break you have to accept the .uper bowl interview you have to lay out what you want to say about your record and if you are elected four t more years get funding for israel. get funding for ukraine i thought the meeting at the white house today with the german chancellor was the smart thing but he. has to stay activ and up and whatever you do don't put him out at night. it's not good for him are our allies are those to seek to do us harm around the world. >> what happened to who's going to pick up the phone at 3 am and he could pick it up at 3 pm

maybe. >> do you agree only say i am with her? >> coming up the media tried to defend joe biden of questions if he is mentally fit by saying he could ride a bike. >> ♪ ♪ >> businesses go further with 5g solutions. that's why they choose t-mobile for business. pga of america and t-mobile are partnering on 5g-powered analytics to help improve player performance. t-mobile's network helps aaa stay connected nationwide... to get their members back on the road. and las vegas grand prix chose t-mobile to help fuel operations for one of the world's largest racing events. now is the time to see what america's largest 5g network can do for your business. when barbara switched to turbotax... i broke four generations of family tradition

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>> ♪ ♪ >> >> the entire country is having questions on if president biden's mental state is in decline but the media democrats are set some washing out at the

special counsel and assuring voters he is as sharp as a tack because he can ride a bike. >> let's call it what it is. this is ageism snuck into a report. >> why would he want to remember the day that his son died? >> the special prosecutor could have written the same report without using these awards rice, the justice department allowed that garbage to be released. >> everybody on this panel has said the wrong name or the wrong date. >> if you don't have a case shut the hell up or say >> some racing to defend biden's competency. >> he made a simple mistake that everyone understood what he was referring to if that has

anything to do with his mental acuity this is someone his age has a tremendous benefit and his experience understanding and knowledge of foreign policy >> the fact that the special counsel was speculating about a defense strategy is wild i am puzzled why the special counsel chose to make statements he had no business making. >> i'm confused why they would think telling us that he is totally lucid because he can ride a bike and that's one thing you never forget how to do. >> he did not ride it very well end date ship can ride a bike. but it is good to see tobin finding work.i was pulling for him. but i mean you have him talking about inappropriate behavior he choked his chicken in front of

coworkers or alec baldwin could come want to talk about gun safety but the media acts like this when reality pierces their fabricated shield. they downgraded riots and decided to focus on borders and an idea of disinformation with the pandemic and joe can ride a bike but in this new age of media you can't hide anymore. people can see through this but they make it hilarious because if they accepted reality and condemn jerks like me for making jerks that might be a good point but their denials make jokes necessary because they are offering a second punchline with their stooping behavior. >> what would have happened? if the special counsel report about trump had said declined to prosecute but they had to release the document why. >> they would have gone crazy.

you know what they would have done. they don't understand what's going on one said that is not a defense strategy that they should be talking about the strategy they don't even know what they're talking about because competency is not a defense strategy. but what you've got her all of these people who are making it like the guy has never made a mistake in the past week he has made six. he said there were red states angry states he said he talked to two people who were dead. he said he paused referring to hamas as the opposition someone had to tell him the word hamas. he just does it every day. stop try to gaslight us.we know he is incapable because of this every time he makes a

mistake people will go back to this. joe biden will not be the candidates in november and the people like axelrod and carville knew it all wrongong t people like newsom who are touting his great and he has more energy than anyone in this building. does anyone believe that? but when newsom comes out and speaks on his behalf they lose their own credibility but in the end i guess we will have to see how it plays. >> can you imagine we are going to see books that come out that say february 2024 democrats are having secret meetings trying to do with the fact that biden lost his mental capacity. >> books will be saying what's likely is there saying there

was talk about his mental capacity being diminished and if he loses they will say he lost because of some of this. i heard some of the criticism survey about this special counsel and head out now special counsel in the past has surmised about muscle acuity in their reasoning for things. this may not even be a legitimate defense. so i would be curious to see what and he will testify at some point and curious to know if someone will ask him if you chose not to prosecute because for me the issue is if he intentionally retained documents why wouldn't you prosecute but if you believe he was going to be friendly to the jury that seems to be more of a

testament to you being an ineffective prosecutor so is sharing that information when you aren't a doctor just seemed unique and different and i understand some of the criticism. >> prosecutors do it every day. every day we say we are not prosecuting this guy because he has mental issues he has a legitimate defense in terms of insanity are we don't think he is capable. >> he didn't say that. >> he couldn't say it because you know that went through several rewrites >> >> he didn't say that. >> you expect a flurry of glowing profiles of harris in the next two weeks? >> do you think the media is in on it? i think it would be a landslide

trump victory and if you take him out and he doesn't run you can't put her out there. the first black female presidential nominee, just feed her to the wolves? you also can bring in newsom because you don't want to dirty up elusive nikos he might lose to trial. you have to save him for 2028 the other option is michelle. she doesn't want to. my sources inside chicago have told me she is not interested. you have to run you have to lose with biden. >> she will be in chicago. >> is the five ready for the big game? up next. ♪ i wanna hold you forever ♪

hey little bear bear. ♪ ♪ ♪ i'm gonna love you forever ♪ ♪ ♪ c'mon, bear. ♪ ♪ ♪ you don't...you don't have to worry... ♪ ♪ be by your side... i'll be there... ♪ ♪ with my arms wrapped around... ♪

happy valentine's! from 1-800flowers.com. use one word to describe our relationship. rollercoaster. (laughs) he's my best friend in the whole world. ooooh, these are cute. thank you! boom boom, boom boom. share your love this valentine's with 1-800flowers.com. >> america are you ready for

the super bowlon? the five is getting our game face upon bthbefore the chiefs face-off before the 49ers in las vegas patrick mahomes looking to win it for the third time but usher is.hinting at some huge surprises. >> i made it easy for myself when i decided to have features on songs that became hit records i wentou through a lot ideas of who i would have share this moment with me and i feel like the people are going to share itg deserve as much recognition for what they do in their careers they have had moments of their own.

>> the other big thing people are talking about, will taylor swift make it in time to watch her boyfriend chiefs tithing travis kelcey. tight end travis kelsey. g >> what is your go to food during the super bowl?at? >> i won't be watching. i did my research people are justn made that joe biden will be doing the halftime super bowl interview that her playing weekend at bernie's and kediscovery you have naked and afraid 4 hours the story of hunter and joe i will be celebrating athe one-year anniversary of gus making his super bowl ad premier >> okay.

jesse are you hosting or attending a party? >> i hosted last year tendand t eagles lost a sure we are going to a most parents in my game plan was to leave at halftime because we have to drive home but i have a feeling that emma is going to want to watch usher but no disrespect to usher but i want to beat the traffic but having to sit and watch the halftime show and missed a good chunk of the third quarter driving back to my house. >> did you figure it out? i am probably going to do what my wife wants. >> you can let her drive home. o >> drive two cars. ne>> usher says it's going to b an event. who do you think he's going to bring on??

>> he said he was going to seeing yeah so he will bring littlejohn out and he has reached out to madonna and bruno and maybe i got a different packet but the super bowl is also a holiday. 60 million people who call in with the super bowl flu monday morning they had to figure out a way i might be sitting next to one. you>> i will be here on monday. >> how about you? >> i will be here. >> p.m by the way the american embassy in tokyo said don't worry americans taylor swift will make it back in time. how much would it be if she bowl. the super >> they are on top of that

everything will be fine and i got a tip because usher wants to bring people together his secret people .that he's bringing on to reconnect our harmony, justin timberlake and britney spears. >> 49ers are chiefs? >> i will go with the 49ers. >> i went with the chiefs because r k. [indiscernible] chose 49ers. >> 49ers . >> chiefs >> chiefs 24-20. larry david getting called despicable for beating up elmo. next an alternative to pills, voltaren is

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star trek actor going into a rage against larry david for attacking elmo. >> let's go over to alfred checking the weather. >>. >> asked permission for you touch ypeople. >> elmo i want to apologize. >> elmo accept your apology. >> a rant tom mr. david's attack on elmo saying it reminded him of his father abusing him as a child and i

heard about larry david assaulting homo inon live television.what is wrong with e him he's like the best friend to multiple generations of children. and he thought it was going to be funny. what a stoop it self-centered joan beth. [indiscernible] what you think about that? >> keep going. >> you don't go up to big bird dtesticles. in the submittesn't have them. >> isn't he a guy? >> no. 't b>> it's a guy. >> oscar is a guy. big bird is a guy you don't see. gender? >> somebody with a hand up his butt. >> it's a puppet. >> i am to hold p

>> did you think larry david was having a good time? >> i think he's hilarious and funny. c >> you have to understand this is nbc and they are still reeling from matt lauer. you can't go around grabbing employees but one of the guys that lives his life online so he believes that these outrages online are actually real and what he ventures to the real world he looks like a complete and he spells his name with one l. >> if that's not attention seeking i don't know what is. >> i retract my stance. >> i want to know if there was justification.>> >> what did he do? that larry david it is a good guy felt the need to assault

him and the sentencing the apology let it go. that's the end of it. >> he will be back out on the street. >> does working from home make you a loser? the minneapolis mayor made these comments. >> come experience theents greatness ofom downtown. come back to work when they ssstay home sitting on their couch with their nasty cat blankets on their laptop if they do that for a few months f you become a loser.it's a study. we are not losers are we? >> i think he wants to get peopleoint back up. but is that the way to incense

peopleon to come back to work? >> he presided over the destruction of his city he wonders why people don't want to leave their homes. you can't blame people forci wanting to stay home and he had the cops stand down. he is a goofball. minneapolis used to be an awesome city.it was great remember mary tyler moore? nobody wants to go downtown. it may never come back. >> i agree. this is a guy who is calling everyone a loserod when he was loser he's the reason minneapolis is a mess he forced small businesses to close down and he made kids stay out of school and he defunded the police. try not to make like it's great. >> i understand what they are trying to do. but they are doing it in the wrong way. they are the worst salesman.

new york city has a problem. washington d.c.. san francisco. denver. what are they have in common? homeless problem sprayed crime problems and businesses are saying maybe we can do a hybrid model you can be home two days a week but the world is changing and these mayors need to. figure out how to get peopl to want to come back p. >> it's not being a loser if you work from a home your >>siz but i was in my 20s in a small apartment working on a laptop all day you are a loser so what would i do? offer themr freebies? i don't know i would say something inappropriate about being in the office where the

action is out. erafter our drinks with the sta those things build, watery a character that you want to encourage >> see would give free drinks. >> i didn't say free. maybe two-for-one. >> fan mail friday is up next. as someone living with type 2 diabetes, i want to keep it real and talk about some risks. with type 2 diabetes you have up to 4 times greater risk of stroke, heart attack, or death. even at your a1c goal, you're still at risk ...which if ignored could bring you here... ...may put you in one of those... ...or even worse. too much? that's the point. get real about your risks and do something about it. talk to your health care provider about ways to lower your risk of stroke, heart attack, or death. learn more at getrealaboutdiabetes.com

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>> fan mail friday. what is your first thought when you wake up in the morning and don't say me. >> i have to think of the second thing now. >> my dogs my jack russell. >>. [laughter] >> that's a nice thing. judge what is your first thought? >> is the sun shining? >> i am dealing with jesse junior.

i have to make him breakfast or deal with him in one way or the other. he is loud and proud >> how about you? >> i wake up early. i say a few prayers. st>> you know what i do? do i have to go bad enough to get out of bed >> that's what i do at 2 in the morning.t >> i know i'm not going to go back to sleep. is there an actor or actress you have to see all of their work? >> hugh grant.? >> at least you did not say john holmes. >> i like ryan gosling. not in a homosexual way. i like his style. there's another guy with brown hair. what's his name?

not miles teller. he was a boxer and one of his films. >> jasonfilm statham? >> jewel in the ha t damon and denzel. >> equalizer series. >> i think i have seen all of his moviesse charlton heston. >> i was going to say robert mitchum but i will be contemporaryt because the beekeeper is the best movie. perfect fox news premise about online scammers going after the elderly and he just sets them straightn . kills them all indiscriminately. with gasoline.ll

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america's most wanted and america's most wanted extra together exclusively on fox let'on. >> it's time for one more thing. le ♪ , baby. yeah, but it go my greg did you know it was national pizza day? >> so happy national pizza day.e you know, the averageu know american eats £23 of pizza each year, and you know that.g. yes, i did know. there's some things you don't th, greg. and those things which you don't know. i knowhipi. m franki >> did you also know that this pie is from frankie'n bas in bay ridge, brooklyn, brooklyn. and i'm going to be naming this pise. , ge >> i got naming honors. they got prosciutto burrata, cheese. we're going to be naming it the get it together pie. now you make me. this has nothing to do with myn book that you can preorder on amazon right now. get it togethey book y

r. ursday >> thank you so much frankie's i and tonight jesse watters prime timeda thursday's on a friday no figure bread all right tonight we got it. >> amazing show miz danaachi, ka perino, joe machi, lou perez, catch it. this is going to be great. >> 10:00. hey, we haven't done this in aa while. animalwhile.s are great. reat animals are great. animals are great. s deli >> you know, it's justci as delicious as a pizza. a baby blue penguin just born au at the california zoo at the birch aquarium. well h, no, it was hatched at ti birch aquarium in san diego foer the first time ever. >> this is the first time ever for a little blue penguin to be. born. >> and it grows 28it's. it's growing. but why? why do i care anyway? it's right. >> d he lo. uffy >> oh, it's about three months old. penguins. re amazing you're going to hit it? yes, exactly. anyway, i'm done. jesse: dana. owners of an animal annual. an anima of al sanctuary

in california have learned the hard way, have learned the hard way that they have to lock doors the doors and they go out because look who came in. boy, this is a camel whose nam e is albert. he was trying to sneak snacks out of the kitchen, but he's quitd using, ye big and clumsy. so he is causing, you know, a lot of havocr doors,. ld hav >> and there's you got to lock your doors. everybody in california, be safe. does that happen on wednesdahumy y?ha h >> because that would have been hump day . what it did. i did my one more thing. on it goes. ght. >> are they very good, greg? even when you're funny, judg. oright >> judge okay, so a kangarooed in florida just wanted to go for a late night dip, but they got the cops called on them for trespassing after some banter with the sherifferiffs.s. >> he eventually gave himself up and was returned to his buner.ately thr. unfortunately, the hopping fellow never got to go for a swim saf. >> dana: >> but now he's home safe and sound. wonder what he took homehome i s pocket. what's the pocket called by the one pocket pouch. >> i knew that three dudes,

three men in their eighties been going to super bowlr bowlse 1967. since the first nfl nfl thrld championship game. don crisman, greg eaton, tom henschel. i hope i got your name doings r. have been doing this. they can remember on a super bowl ticket cost s eight bucks. >> wow credential as a steelers fan, crisman is a patriots fan and they still greet each othere with the middle finger number one this daydl, how muchei they care about one another and how much they care about their teams. i hope they have a greatam hope the time this weekend. >> best of them and go cheap. offe and ifexpensiv anybody rips off their social security numbers, who's coming jaso after them? >> jason, stay. yeah president biden facing backlash following response or scathing report from the department of justice questioning his mental fitness. voters are just as concerned. good evening, i am jon scott and this is th