you didn't like, what you hated, what you loved. the "the o'reilly factor" is next. see you on gretawire in about 15 seconds.we missed the e away all that time. i was. ♪ ♪ >> eric: hello, everyone. it's 5:00 on the east coast. this is "the five." i'm eric bolling with kimberly guilfoyle, bob beckel, dana perino, and greg gutfeld. packed show for you tonight. first, republican senators roll out their own jobs plan as we know president obama drumming up support for his jobs plan. then new york city mayor michael bloomberg orders the occupy wall street protesters to clear the area by tomorrow. what is with the sudden change in his tune? now calls for resignation are growing louder and we have the latest on the fast and furious investigation and much more. "the five" starts right now. ♪

♪ just a little while ago, g.o.p. senators introduced alternative jobs bill to the president's failed plan. jobs through growth act focuses on tax code reform, spending cuts and curbing regulations. >> we have a republican jobs bill we're introducing today. we consider this to be a conversation and we think the package can create 5 million jobs and we're ready to discuss it with the president and welcome him coming down. >> eric: a lot of jobs 5 million jobs. >> greg: i can't discuss this story. until we acknowledge what happened this afternoon. bob? >> bob: i guess you can't make these things up. it i'll make it brief. we were having a lunch for "the five," kick off of "the five" and i choked. literally choked. it couldn't breathe at all. the boss, bosses at fox stood up and gave me the heimlich.

but couldn't get his arms all the way around me but loosened it up enough but my brother here saved my existence, because he got it out. it's been a long and rough day. but i want to thank everybody for doing what you did. it's scary. don't eat too fast. don't eat big shrimp. this restaurant is expensive. big shrimp. i'm used to little shrimp. not big shrimp. should haven't three at one time. >> greg: you scared the hell out of us. >> bob: i know. i apologize. but move on. >> eric: declare it bob day. happy bob day. >> kimberly: happy you're okay. [ applause ] >> dana: remember, it was a week ago when you and i were in atlanta together where you faked a heart attack and i thought it was real. so today okay, what is he doing now? okay. i kept talking to the neighbor on my left and i realized it was real. one thing was funny, somebody said what would have happened if eric hadn't been there.

and it was dana and bob alone. i would have had to drop the atomic elbow on you. >> kimberly: do a gymnast move. >> eric: can we get back to jobs bill? >> bob: a reluctant hero, my friend. >> eric: god bless, thank god it worked out great. >> greg: finally worked out. >> dana: it was scary. >> eric: million jobs, aggressive but one of the big part of the proposal is cut, cap and balance and get government under control again. >> greg: can i use a tortureed metaphor? >> kimberly: yeah. >> bob: you always do. >> greg: isn't that beautiful? this is the all-star of conservative talking points. spending reform, tax reform, regulation reform, domestic energy promotion and export promotion. this is like the traveling wilburys. bob dylan, george harrison, roy orbison and tom petty.

best element of every band together. >> dana: last week it was the eagles and they would be broken up to be individual stars. what is going on? >> greg: but they're coming together for a great jobs act. >> kimberly: i like the fascination with boy bands if particular. telling and disturbing at the same time. justin timberlake. ♪ jobs, jobs, jobs, jobs ♪ who's got them >> eric: bob, i spent the morning in d.c. meeting with congress people and senators and almost across board on the right side they said we need to cut cap and balance first before going further. not cap and trade. but cut, cap and balance. >> bob: did i read this right? did the proposal of yours get in there about amnesty to get corporations? >> eric: a long list of ideas. >> bob: the traveling wilburys were all liberals i might ad.

this there is nothing new here. this is the republican talking point for years. not a bad strategy to come out and count on the obama bill. it will go nowhere. paul said he will have a conversation, he will have a conversation with himself. but it is political. this is nothing serious about it. be clear about it. no chance of it getting passed but it make sense on top of obama not passing it. >> eric: a couple limit the epa. >> dana: one of them said if the regulation costs the economy over $100 million it would be subject to a vote by congress. regulation can be good for some things and burdensome for some things. $100 million, you have to do the cost-benefit analysis on this. i did notice something that is interesting. two things. the democrats did not support president obama's original jobs package. that failed the other night.

we are missing the reason why. why did senators not go for it in the democratic senators? there was a tax hike connected to it and they weren't going to vote for it. >> bob: some are in tough districts and they weren't going to vote for it. >> dana: i think they believe what they are voting for. >> bob: i don't believe it for a second. they're playing politics. i understand it but it's gutless. >> kimberly: they are mackty call. they know they can't get it through. republicans are confident they'll get the senate and keep the house. >> dana: how about the fact they are being responsive to their constituents calling -- >> bob: it's a tax on millionaires. >> dana: no, it wasn't. >> eric: if they don't vote for it because they're worried about the re-election, constituents don't want it. >> the constituents don't want the tax increases but can they explain this is a surtax on

millionaires? i could sell that thing in 50 states and get vote for it. >> greg: i disagree. this is an enenvy tax. >> bob: i'm sure they wake up and say i'm envious of the people. >> greg: here is the problem. i like the old name. the original name was the real american jobs act. that was a stab at "american idol" jobs act. like starting show at 5:00 on the other channel and calling it "the real five." >> dana: the so-called five. >> greg: they chickened out. >> dana: one other thing happening here that is interesting, the democrats are talking about teachers. they came up with a stimulus bill in 2009 and a recovery act they said it would prevent layoff of teachers. last ago, $26 billion for state aid because they would prevent a layoff of teachers. now after two years of the policy, they are saying that the teachers are laid off in

droves. they have done polling fiend cuss group testing and said teachers, that's what we should talk about. >> bob: the teachers salary that the stimulus bill helped ran out, ran out and they need money to do it. one thing about the republicans. they are coming after the epa. they are mind dead and they come out after the clean act water every year and try to amend it. >> eric: so bob,pa -- >> bob: what is wrong the epa? >> eric: it's growing and more regulation. should it? >> bob: want to bet there are not fewer people at the epa -- >> eric: the budget has gone up under obama. >> kimberly: make a bet. >> bob: dana said something important there are certain regulation that are burdensome. agree to look at those. but most regulation are to protect the environment for our children and grand

children. >> eric: let's move this discussion along and take a look at this. we talk about the jobs bill failing and drinking beer with unemployed construction workers but they don't vet the people he hangs with there he is drinking with them. look at that mug shot. one of the guys, the guys swinging the beer was arrested for drunk driving and drug possession. >> kimberly: unbelievable. excon. not a good situation for the president. i feel sympathy in terms of they should have vetted this. this is not difficult to do. the media found out about it like that. this is embarrassing for him. people working for him should protect him. >> bob: these are unemployed people. they were not vetted carefully because he went in a place, sat down with unemployed people.

some people are drunks and they have duis but that's too bad. you have to find it in the population. real world. i don't feel sorry for him. you ought to sit down once in a while with people who have had problems. the president of the united states should. >> greg: excons can be fun to be around. >> bob: it's bob day. bob should get the last word. >> eric: you have the last word. >> bob: i have no problem with excons who serve their time and they should be -- i will do this. this is yours. coming up, this is some of best news i've heard all week. wait a minute. [ laughter ] that is why you did it for bob? new york city mayor bloomberg the dog said bye-bye to protesters and unfairly ask them to leave the park. guess what? i am complaining about it. because i'm up next. i will say it again. send e-mails to thefive@foxnews.com. thank eric one more time. saving my life. >> kimberly: that's nice.

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♪ ♪ >> bob: i feel alive. welcome back to "the five." that rhymes. a few days ago, new york city mayor bloomberg said the occupy wall street protesters could stay indefinitely. now, the bum is telling them they have to be out by tomorrow. evidently the park's owner wants the city to clear the park so they can keep it clean and safe. i can't wait to see how this goes over. let's look at what the owner said who probably hasn't cleaned the park in 20 years. what was the statement? the last three weeks created unsanitary conditions. and considerable wear and tear on our park. the cleaning will be done in stages. that is from the holloway company -- excuse me. the protesters will be able to return to the area -- sure they will -- once it's been clean, provided they abide by the rules that brookfield has

established for the park." i don't know, maybe there is a clean park in new york city. where there is not a lot of needles and crack shiles around. >> dana: called central. >> greg: bad news if they went to central park i wouldn't happen. >> eric: you probably want to way i weigh in on this. bloomberg has gutlessly backed down in the face of this. he could have stopped them trying to evoke this thing. he didn't do that. i'll give the mayor credit hecht went down and faced protesters behind 15,000 cops and bulletproof -- >> greg: what is your question? >> kimberly: there is none. this is a filibuster. >> greg: he clims that this is a temporary vacating of premising, figtively. he is just changing the diaper. the people left a mess. they left filt there. they have to clean it up. he has to have stones so when they come back he has to keep them out. i don't think he does.

>> bob: why keep out americans protesting. >> greg: it's no longer fit for general use. >> dana: what would happen if there was a disease outbreak? don't you think these opportunist would then end up suing the park owner? >> bob: why are you assuming that the people are disease-ridden -- >> dana: no. no, no, no. >> greg: there was a guy doing something against a cop car. >> bob: how about the people from new jersey with kids thrown out of their houses? >> eric: can we distinguish the group that claims to be the left version of the tea party that the tea party would never do something to a park like this. they wouldn't leave it in the state it's in. business owners say we can't open the doors. protesters are coming in and using the restroom -- >> kimberly: vandalizing it. pulling the sinking off the wall. engaging in inappropriate behavior. bringing in excrement saying can you dispose of this for

me? >> eric: if i remember right, in the tea party assault in congressional town meeting they ris doesn'ted people, grabbed people, threw them out. >> kimberly: not true. >> bob: it is true. >> eric: healthcare debate. >> bob: they were loud, obnoxious, disgusting. >> greg: they were oler people. >> bob: so what? they can still pull a gun and shoot you. >> greg: they don't. when they enter a place they leave it better than it was before. >> dana: the protessers in d.c. this is different between the private sector and government. national park service given them four months lease in lafayette square across from the white house. if you are a private important owner why can't you tell them to leave? >> moving on to the next subject.

>> bob: ayatollah khomeini came nut in support of protesters on wall street. this is the quote. they may crack down on the movement but they cannot undo it. ultimately, it will grow so and bring down the capitalist system and the west. ayatollah khomeini. >> eric: congratulations, grand ruler on your side that wants to kill us. >> dana: biden. >> bob: you don't think it's a play by the iranians to get publicity? >> bob: this is the same people trying to kill the saudi ambassador here. >> eric: they are clearly fundamentalists, extremists, dictators.

[ overtalk ] >> eric: one example when kanye west and russell simmons roll up in $400,000 bently and two days later they want to march on millionaires homes on the upper east side, hypocrisy. >> greg: the reason that the ayatollah is for this, it's not about wall street. it's about uprooting america >> bob: that's very good. we were going to a quote but producer says i can't. okay. we have more to get to tonight. next to the cohorts here, calling for eric holder to resign and i'll call them crazy. that will surprise you. you know how it goes. we'll be right back. ♪ ♪

♪ ♪ >> kimberly: welcome back to "the five." i like it. yesterday we talked about the new subpoena issued to attorney general eric holder over fast and furious. and now the voices calling for his resignation. the voices in eric bolling's head. they will come to you on this. not getting better for eric holder. a lot of people saying he should step down based on so far the evidence presented. >> dana: i have some familiarity with members of congress on the democratic side demanding that member of president bush administration resign over smaller matters. some of them now crying foul should take a step back. this is serious.

the allegation is eric holder lied to congress and the american people. it wouldn't surprise me if at the end of this in a couple of weeks maybe a couple of months he decides it's time to spend more time with his family. move on to other opportunitie opportunities. >> greg: i love when people do that. they can't stand their family. they like to work. but they say i want to spend more time with my family. >> eric: the company, that fires them, they wish them well. >> bob: how about the wives that stand with their husband that cheat, politicians. i forget. they want to do lorena bobbitt. >> kimberly: thank you for that interesting but bizarre segue, yes. >> eric: spent morning talking about this with a group of 25 congressmen. here is the issue they kept saying. someone justice had to know. had to be either eric holder justice, or hillary clinton secretary of state. because the guns crossed the border. if you weren't talking about another country it could have been done on a local basis.

if you bring in another country someone high up has to be aware of it. >> bob: what is your conspiracy theory? >> eric: once border agent is killed, holder says i have no idea what is going on, the conspiracy theory is darrell issa is investigating holder and said i'm going to subpoena holder this week. on monday we thwart a major terrorist attack plot from the iranians. holder is on the podium saying look how great we are. >> bob: good evening, ladies and gentlemen. welcome to "twilight zone." >> greg: you could lose your mind. >> kimberly: that is what happens. >> bob: if eric holder is under oath as i understand it, and if in fact they can prove he lied there is serious trouble for him. you know what i think about

issa. let that go. if there is proof positive then he is in trouble. >> kimberly: this is sound from greta talking about holder and whether he thinks he is attaints out lying or dodging the ball -- out and out lying. >> i believe the attorney general was dodging at best. lying perhaps, likely dodging. he knew fast and furious. he should have said that he knew about it for years but his answer was only a few weeks ago. that did not meet the test of law enforcement officer sworn to give us the whole truth. >> kimberly: depending how you look at it. holder has come out to repudiate the charges, the way it's been handled and investigated and the allegations against him. saying this is a misunderstanding. i thought they were referring to a different investigation going on, which was basically the program called wide receiver happening out of

tucson. however that is not mentioned in the e-mails at all. on fast and furious and gun walker is. >> eric: sorry. get to in a second -- >> bob: no. >> eric: that was under george bush. but i guess the secretary of state aced on or attorney general would have known about it. >> greg: we keep saying a lot of people are calling for his resignation. it doesn't mean anything if the people are on the other side. it isn't until one person who is a democrat. weiner could have kept his job forever until the democrats say something. >> bob: we have gone over this and over this. >> kimberly: want to move on? in the legal roundup we have interesting stories here that involve drug testing. one is blinn state technical college wants to drug test for those wanting to apply this. what do you think about that?

>> bob: it's absurd. the idea you take civil liberties to do a drug test on them. just because i could haven't passed one when i went to college has nothing to do with it. you can't take kids and randomly test them to get in college or force them to be tested. it's a vie lace of their constitutional right. >> greg: this isn't about right. this is about limbs. most of the training programs at this school have to do with dealing with heavy equipment and machinery. costic chemicals. if you show up high you can lose a finger. how will you smoke a joint without your hand? this is helpful. >> kimberly: you are so practical. mr. drug expert, mandatory drug testing for welfare. this is something we have talked about. >> eric: now you are talking. >> kimberly: florida enrollment is down from low e level in years because people don't want to pay the fee and get tested and come up dirty. and lose benefits.

>> bob: then let's test everybody with medicare and social security. if they have drug problems we don't give it to them. anyone on the key programs have to get tested including rich guys. >> eric: let's see if granny and grandpa are high on methamphetamine. >> greg: mine are. >> bob: what is the difference between welfare and older people? >> kimberly: it's being constitutional challenged by unreasonable search and says zure. violation of fourth amendment rights. >> bob: it is. >> kimberly: if you receive benefits -- >> dana: when you work for -- i don't know if you had to but when i worked for government i had to get a drug test. are you against that, too? are you against that? >> greg: who did you pay? >> bob: i didn't pay. i admitted it. they don't throw you out. they just want to know if you are telling the truth. >> eric: can a private company drug test? >> bob: in the case of maybe i could see this, in heavy equipment operating but other schools, this is a slippery

slope. where does it stop? >> eric: private companies? can private company drug test you before they hire you. >> bob: i assume. >> eric: are you okay with that? >> bob: i'm okay with that but not with the state. >> kimberly: good company. the aclu agrees with you. >> bob: they kept the constitution alive and well for all of you. >> kimberly: that is debatable. another block. turning now, turn with us to 2012 news. next on "the five." after tuesday's debate, many say romney is inevitable candidate. some new polls are saying something different. we'll be right back. ♪ ♪ we know a place where tossing and turning

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♪ ♪ ♪ >> dana: welcome back to "the five." we are talking 2012. the spotlight is on mitt romney. not only are a lot of republicans predicting he is the candidate but the obama camp turned attacks to him as well. a problem for any candidate when you become the inevitable and date. from what i read today the romney camp is not playing into it. everybody else is saying that but they say they have to earn every vote. you know something about celting expectations on inevitability. >> we were inevitable candidate for months. we had all the endorsement and money. we were almost knocked off by jerry hart. interesting thing about romney, cain numbers that show cain close to romney, not taking anything away from cain but it shows more about romney weakness than cain's strength.

if romney got to 30, i don't remember the poll. maybe he did. but never got higher than that. the front runner with 82 days to go. that's all. who is sitting in mid-20s. campaign that a mile wide. maybe he gets by it because the rest can't stand up to it. be careful. >> dana: the obama campaign and david axelrod the senior obama campaign person and runs it, ran the 2008 campaign. they turn their attacks on romney. greg, i'll go to you next. he said across the political spectrum people have the same question. if you are willing to change positions on fundamental issues of principle, how do they know what you will do as president? how do we trust who you are? i have visions of the kerry-bush campaign because that's when the flip-flop thing started. does it matter if you are a flip-flop? greg everyone flip-flops, more important nobody flip-flops. >> dana: all right. double negative. >> greg: that was a joke.

obama flip-floped on key things. gitmo and cutting taxes but those were great flip-flops, so you -- i sound like i'm selling candles. they were great flip-flops. you have can't condemn flip-flops if it's a change in policy you agree with. those were important things he did. just going after them because they change their mind is stupid. >> dana: leadership. >> eric: leaving aside proposal for the millionaire name a tax that obama raised. >> greg: that's what i said. extended the bush -- i was complimenting him. >> eric: trying to raise it. >> bob: he cut taxes. >> eric: where? hold on. where? >> bob: there were millions of dollars in tax cut in stimulus package. >> eric: he used our money from the states to pay for the

budget -- >> bob: listen. there were $300 billion of tax cuts. >> dana: bob is right on that. but one point is president obama ran on eliminating the tax cuts. then in december of 2010 he passed the bill. >> eric: if you tell bob he is right about this. the extended tax credits, which all that did was add $350 billion to the deficit. then he will come around and now say we have to pay for that. >> bob: $787 billion stimulus package. over $300 billion of tax cuts. >> eric: where is it paid for and when? >> bob: they consider tax cuts. you want tax cuts. you want it all the time. where are they paid for? >> dana: i want to get to something else, that president

obama announced third quarter cash they raised. $70.1 million total. the incumbent president raises a lot of money. >> eric: that is great knew. apparently there will be bundlers with great jobs. if he wins, you know, the solar industry is livid with obama. >> bob: did you just get out of elementary school and politics? >> dana: can i get to kimberly quickly? the "wall street journal" nbc news poll that came out for the first time had herman cain up on top of mitt romney by four points. can that last? >> kimberly: a lot of people is trying to diminish this. saying it's not about herman cain, bob says that, but give him credit for economy he has. not just that ferry dropped.

he needs to jump ahead. >> bob: not to take anything away from herman cain. romney dropped here. he is a front runner with christie's endorsement. >> dana: but in october of 2008, obama was in third place, too. before we go, i wasn't here but we had an update to give. >> eric: i said michele bachmann was losing her communications director, she lost a communications directo director. with her congressional office. communications director alice is still on. alice, you didn't lose your job. but your friend in the office next door has gone to another conference. so had to make clear -- >> dana: alice stuart has done a great job. we have something to say about the blackberry panel when we come back. don't go away. ♪

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>> greg: welcome back to "the five." this morning the producer asked me to do monologue on the blackberry outages but of course i didn't get the message. [ laughter ] in the chaos caused by the blackout i never heard so much whining. case and point, a friend of mine whose name rhymes with kimberly guilfoyle shrieked she hasn't got a text for two hours. for two hour she is didn't get one inspirational lol. two feet away from her was a navy seal standing politely who had more things far worse than missing the cats in party hats. we have become addiction to connection. we need to be engaged even when whenever we're engaging in is pointless. do i need to read all the comments on a blog and click on the video of the dancing chihuahua? is it imperative i respond asap to the text from the cop

about what happened last night at my apartment? for that i probably should. i'm a hypocrite. it check twitter in breaks in this show. >> kimberly: you do all the time. >> greg: if you tweet me now i will respond. i'm that pathetic. on your death bed you won't reminisce about the awesome comment you left on youtube or the video that you forwarded with the sneezing panda. i've seen it. next time the blackberry fails you take it as a message from god. call your mom on a real phone. she may not have cat videos but she never needed them. >> bob: oh, yeah. i just got a tweet. you will like this one. please tell eric to not try again next time. [ laughter ] >> dana: poor bob! >> greg: a conservative save ad liad lib ral's life.

>> see how fair and balanced fox news is. right? >> eric: in the last 36 hours since it's been out, how much we depend on this. >> dana: this is a work thing. i have never seen the dancing chihuahua thing. maybe someone could send it to me. i wonder how much productivity was lost in the last -- i think that's why people freak out more than they couldn't get a text. >> kimberly: do you know how many story idea we get. you don't have anything here and then you go to the ipad. steve jobs, thank you. to try to figure out what is going on. >> greg: people believe it's making you productive but 90% of what you're doing is nonsense. does it matter if you wait ten minutes to get to your laptop to see what work is there. do you need to see it right away? >> eric: first, sneezing panda funny laughing baby out of control funny.

but i was waiting for rim, the company that owns blackberry for the stock to come down, because i was hoping it would come down and be a great place to buy. every never came down. everybody thought it would crash. we rely on this so much, there is no replacement for it. push e-mail, there is no comparison. >> bob: you have two of those things? why don't you use the iphone? it works better. >> eric: push e-mail. >> dana: he's not paid to say that. >> bob: i my iphone once in a toilet. it works after that. >> greg: you fished it out and dried it off? >> bob: it was clean. >> dana: yesterday, i wasn't on the show. i was in northern kentucky university to do an event with former white house press secretary robert gibbs. >> greg: he is a human

blackberry. >> dana: we had an actual conversation. >> greg: you are an iphone. >> dana:vy a blackberry. i saw a friend i haven't seen in a long time. this guy has not been online for a year. he was the happiest person i've seen in a long time. you always make fun of me but it would do us all good if we had none of these for a week. you think people are half nuts. >> eric: whose phone goes off the most in the show? >> bob! >> bob: that is the hour to place your bets. >> kimberly: west coast ponies. >> greg: if you walk down a street and person in front of you is texting and slows you down but you're the person doing it and you don't care. something that only bothers you if someone else does it. >> dana: like on a train.

can i make a point about something. public service announcement. if you have an ipad and you are going to get on the train and you sit next to somebody, you have to turn off the function that makes the tapping sound when you type. tick, tick, tick, tick, tick for three hours. i might drive somebody insane. maybe. >> greg: i can't watch a movie without my laptop in my laugh do you watch tv without a laptop? >> kimberly: you make fun of me? you make fun of me. look at you. >> greg: you are constantly on it. >> kimberly: i get stuff done. i'm efficient. >> dana: moms need this connection. >> kimberly: yes! you're right. thank you very much. >> bob: what has this done to human conversation. >> dana: look at us on "the five." >> bob: in the break, we love each other but we get on these things immediately. you talk to thousands of

people. >> kimberly: mr. britney spears over here, not so innocent. you know what else is coming in on that phone. >> bob: don't get into that. [ laughter ] do you want that can opened up? i don't think you do. /belt you do after that. that was a mistake! >> greg: we saw it coming. herman cain's 9-9-9 plan is now a clever marketing campaign. we'll tell you about that. next. ♪ ♪ [ male announcer ] you never know when,

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>> eric: welcome back to "the five." we knew herman cain's 9-9-9 plan sounded catchy. now spirit airline is flying with it, $9 flights to select cities if you block tomorrow. you must have something for the 9-9-9 segment. >> greg: i nothing. a story that we do at the end of the show we don't pay attention to. a fun flight because they

would be fun to be around. >> kimberly: i think it's smart marketing idea. >> bob: every gambler who couldn't get to vegas before will be on the flight. >> dana: a lot of people are starting to believe it's a terrible plan for the country. a lot of conservatives come after it today because it's regressive. >> bob: it's not regrisive. >> eric: why because of the sales tax part of it? >> dana: and income tax part. >> greg: michele bachmann her suggestion it would be, if they flipped it, it would be better. 6-6-6. why not? >> bob: don't say that. >> eric: we don't have time but thankfully someone has -- >> kimberly: he has a plan. he is open. he wants to get issue open to a plan. >> eric: we have to go. bob wasn't here yesterday so we're not sure if he saw