you have to keep guessing. but all of you have to keep watching. if you don't get fox business. >> demand it. >> or go to your cable operator's house and pound on the door. that will do it. good-bye. captioned by closed captioning services, inc >> dana: hello, everyone. i'm dana perino with andrea tantaros, bob beckel, eric bolling, and he came back! it's brian kilmeade. it's 5:00 in new york city. this is "the five." first, is president obama thinking of releasing paris from gitmo? plus, kim kardashian targeted by a liberal group to pay more in taxes in california. will she cave to the pressure. for the first time since the trial we hear from casey anthony. bob can't wait. we'll play you the tape. "the five" starts right now. ♪ ♪

>> dana: our big story is the day after iowa. last night, the candidates made their face on fox news channel. o'reilly talked to rick santorum on the social issues. >> contraception, birth control. do you know 98% of americans say contraception is fine? 98%. you say that the states should have the right to ban some contraception. that is right off the bat going to be a big one. >> well, the state has a right to do a lot of things. that doesn't mean they should do it. i want to ask if the state have the right to do it? yes, they have the right to do it. they shouldn't do it. i wouldn't vote for it if they did. that doesn't mean they don't have the right to do it. >> dana: if you are rick santorum you probably want to spend your time on bill o'reilly talking about the economic policy not about the contraception policy. >> andrea: yes. >> dana: do you think his answer is good enough to put that issue aside? >> andrea: no. i think that the media is trying to bork santorum.

remember, the bjork hearings, they are trying to trap him. on some level, she right. states have a right to pass the laws. but there is a precedent. griswald versus connecticut. they ruled contraception, you can do it. you cannot ban it. if i'm santorum i would take a different approach. it'd say personally, i don't believe in it because of my catholic religion but it's already ruled, people can have contraceptions. he will get in the media traps where the media will say do you think condoms should be banned? again, he should say states have a right to ban them, but they are not going to do it. like roe versus wade. you can't overturn roe v. wade. there is a precedent for it. >> dana: if you are romney would you spend time attacking santorum on social issues or just focus on the economy? >> bob: first, let me say, i stand solidly behind contraception. >> brian: have you marched for it? >> bob: i would if i could. but, no, if you are romney, what you have to do now is

hope that -- not hope, it's going to happen. you are going to have this vote split up among what would normally be in the state of new hampshire, one, maybe two other people besides the front runner. yeah, fine. it can take a little bit of -- from his standpoint, try to stay above the fray. it's now, because they will split the vote. if he goes on with what he has, he wins. >> eric: you mean the 41% he is pulling in now >> bob: yeah. >> eric: does anyone here think he will come near 51%? >> brian: yeah. >> eric: he won't. i think he is lucky to get, 30, 35%. >> dana: i think ron paul could do better in new hampshire than -- >> bob: certainly could do better there. this is a secular state. it does not, it's not a values state. rick santorum's problem. talk about the economic plan and than the values issues. ron paul is exactly where they are in terms of live free and

die, no income tax. that stuff will fly. >> brian: the greatest thing about ron paul, he already said he is not going to win. if i'm ron paul, i got up early, dropped out of school to follow him and find out we won't -- he should. you already have this stuff -- >> dana: i'm a very busy person. i work all day. let's play that clip for brian. >> when you lay your head down on the pillow at night and you see yourself in the oval office? >> not really. but i think it's a possibility. sometimes i kid about it. i say that is the risk i take. >> dana: i know that you love that one. >> brian: because the people are so dedicated for them. they find out the candidate doesn't think he can win. talk about taking air out of a balloon. that's why santorum is in second and paul will drop off. >> bob: he said there, you know, no, i don't think about it, but it could happen. >> it could happen. >> brian: he had

$13 million last month to make it happen. >> bob: this is ron paul. we're not talk about the normal candidate. you don't say that if you are somebody else. if you are ron paul, he could say it 15 times and they'll be with him. >> andrea: in 1996, forbes acted like newt gingrich and went after bob dole. and i'm not buying the argument new hampshire would never propel someone like santorum. >> dana: let's talk about the winner by a hair. tuesday night in iowa, mitt romney who heads to new hampshire if the polls are right with a little bit of a lead. he was on hannity last night. >> want to divert from the record. it'd want to bring him back to his record time and time again and point out the failure in the record flows from the fact he does not have any experience or real understanding of how the economy works. >> do you think the 2008 campaign was nasty, you wait and see the kind of campaign that the obama campaign has already announced that they

are going to run. >> dana: do you think john mccain thinks this campaign is more nasty? >> eric: i'm not sure -- i don't care what mccain thinks. i wonder what romney was thinking going on hannity's program with mccain. if i'm romney i say thank you very much, mr. mccain, for the endorsement, and now let's see what we have with the economic policy. this is not good for romney. romney needs to show the conservative base he is more conservative and more willing to talk conservative issues instead of going back to a guy who suspended his develop/2008 campaign to run back to washington to pass tarp. >> bob: it should have gone with michele bachmann? >> eric: i don't think he goes on with anyone. i'm leading in new hampshire. this is what i have to offer. >> dana: it looks awkward. it did. >> bob: they're not two of the most exciting people. >> dana: i was riveted.

>> brian: but eric, your line of thought is solid. but we are forgetting that mccain in 2000 wins new hampshire. his 2000, you know, 2008 takes south carolina and florida. he has to have a little influence. if you get john mccain next to you, off camera, away from the interviews, i think mccain has great insight for romney. >> eric: romney, where is he weak? weak with moderates or conservatives? conservatives. absolutely. what does mccain represent? far right conservative. >> dana: i think mccain has a certain level of gravitas. >> bob: that is -- mccain won in 2000 as well in that state. it's a state that is very strong with veterans. one of his base is veterans. i could not think of a better person than john mccain. right wing nuts will be -- >> dana: if it works out, i'll get andrea's take on this but that is that newt gingrich who came in fourth in iowa but is a leader of the union

leader in new hampshire on greta talking about how he would go after romney. >> massachusetts moderate, who raises taxes, who puts tax paid abortion in romneycare, who puts planned parenthood in romneycare and puts liberal judges on the bench. you take the list, compare it to a reagan conservative. who is opposed to tax increases. helps pass tax cut for conservative judges. and who is right to life. i think in republican primaries, that clear, direct principal contrast can be very effective. >> dana: so we know what hi is against when it comes to romney. do you think it's effective? what is he for? what is he running to accomplish? >> andrea: he is running to assail romney. he is a one-man santorum super pac. the bad cop. he isoing to do this every day. again, 1996, is assuming that role that took out the

establishment bob dole in new hampshire. i think the romney campaign probably has polling that shows that hermashowshows that s well in new hampshire. after that he'll say john mccain who? don't follow me to south carolina. >> bob: all day yesterday in the campaign stops he did not hit romney hard. >> eric: canceled an appearance on fox. >> what? >> bob: well -- >> dana: outrage! >> bob: that could cost you the election right there! the first day, he flies out of iowa and he lands and he goes through the policy speeches. newt can be fascinating when it comes to policy stuff. he didn't hit it until last night with greta. she not sure if the train has left the station. they want to be left without it. >> dana: what do you think? >> i'm not sure what you are saying. i'm confused. newt waited until last night

because why? >> bob: i'm not so sure he thinks the best strategy is be the hit man on romney. >> eric: he found out -- >> dana: >> the horse left the barn on that one. >> eric: he went from 30% to whatever he got, 13%. he knows he has to attack. in the next block, we have another bite. >> dana: a great transition, we have to go. >> eric: okay. >> dana: to tease, to come back for the next block. coming up, some say mitt romney said he is unstoppable but is he the candidate voters really want? i just totally ruined that read. they're going to break it down for you next and brian will teach me how to read the teleprompter. e-mail us at thefive@foxnews.com. ♪ ♪

♪ ♪ >> eric: welcome back to "the five." team hopey-changey, aka re-elect obama must be loving the divide in the g.o.p. the more republicans attack their own, the more vulnerable the eventual g.o.p.er to

be to the billion dollar baby. liberal mainstream media says mitt is it. conservatives say no way. check out the new ad by newt gingrich. and his campaign. >> romney's economic plan timid. parts of the it virtual identical to obama failed policy. timid won't create jobs. timid certainly won't defeat barack obama. newt gingrich's bold leadership balanced the budget. reformed welfare. helped create millions of new jobs. rebuilding the america we love. with bold conservative leadership. >> eric: all right, what do you think of that? negative ad work in iowa. >> bob: that is not a negative ad. you have five days left until the election. that is the ad you run when you start a long negative 30-day campaign and you move to hard ones. you have five days. you can walk away from that, with -- >> dana: i thought it was an

ad for sominex. timid is a fighting word, actually. nobody wants timid presidential candidate if they run somebody against president obama. >> bob: from a communications standpoint that is not hard-hitting -- >> andrea: we'll get preview of debate on saturday. >> brian: it is a good balance between this is what i don't like and what i'd do different. he didn't do anything in iowa except wow, they are hitting me hard. he said it for ten days and ended up with no rating. it's starting to build. >> eric: a back story on this, the producers and i got in a little argue. which one i should play. they love that one. i happen to love this one. take a look how this one starts. go ahead. ♪ ♪ >> we do have tough gun laws in massachusetts. i support them. >> i support the september 11 amendment. i purchased a gun when i was a young mand been a hunter all

my life. >> small varmin if you will. i'm not trying to return to reagan-bush. >> eric: sounds good so far, right? watch the last five seconds of the ad now. ♪ ♪ >> i'm john mccain and i approve this message. >> eric: ahh, the day mccain endorses mitt, newt gingrich comes out and says -- >> dana: that's what he said yesterday. they were bitter rivals in 2008. now mccain seems sincere he thinks romney would be better than who is currently running. >> andrea: i agree. the second one is a better ad, particularly about guns. this is a reason that the base of the g.o.p. loved rick santorum, one of them. he is consistent and he is pro-gun. i will say that >> brian: guns kill squirrels. you are forgetting that. >> dana: and shot with his bare hands. >> andrea: i think the g.o.p. is divided in two

camps. conservatives. one sector of conservative believes he is not conservative enough. then there are other conservatives who say i don't think he would do romneycare again on the national level. i believe him, and i trust him. he probably wouldn't get pulled to the left. they don't think he can win. they think he is too timid. >> bob: that is a hard-hitting negative ad. that is what i expect from gingrich wall-to-wall with five days left to go. the thing about mccain coming out though he has had problems with romney in the past. you will see a string of them coming out now. people who are going to support romney because they believe inevitably it will happen. they want to be on the right side of this thing. they look at rick santorum with all due respect, nobody knows who rick santorum is. not even the conservative base knows who he is. >> dana: they have four days. >> bob: this is a guy from pennsylvania who lost by 17 points. >> andrea: he ran against a pro-life democrat. >> eric: in south carolina -- [ overtalk ] >> andrea: i am defending rick santorum. this is a politician, say what

you want but he has been consistent on his position. and that is so rare to find in washington. and i'm not just going to say well, you know what? it's mitt romney. throw up my hands and just roll over. >> eric: here is an issue. this morning we woke up, karl rove op-ed and ann coulter op-ed. both backing mitt romney. literally, i picked up the phone and said ann, really? you have been a far right conservative, spokesperson for tea party, et cetera, et cetera. why do you back romney? how can you do that? she said well, it's about beating obama. she in a sense is right. her column was great. >> brian: she took apart every other candidate and said this why mitt is the only one that can do it. we both sat next to her when she said i will vote for hillary clinton before i'll vote for john mccain. what is about mitt romney that is more palatable than john mccain four years ago? >> dana: i don't think that is fair to karl. i think his column, he says mitt had a great night. he is possibly the first

republican that could win iowa and new hampshire back-to-back in however many years he said. he said santorum has an open window right now and said rick perry has every right to go to south carolina and spend $3.5 million. i think the karl and coulter columns were quite different. >> bob: the reality here is nobody, but nobody in the republican party wants to look like a spoiler and be pointed to for letting obama get re-elected. that is what this is about. mighty powerful political argument. >> eric: leave it there. president obama wanted to appoint cronies to important government agencies. senate wouldn't go along. so guess what 44 did next? he went around them of course. but by doing so, did he break the law? details on that. next in "the five." ♪ ♪

whee wheeeeeeeeeeeee! wheeeeeeeeeeee! whee whee wheeeeeeeeeeee-he-he-heeeeee! whee whee wheeeeeeeeeeee! pure adrenaline. whee whee wheeeeeeeeeeee! everything you love about geico, now mobile. download the new geico app today. whee wheeeeeeeeeeee-he-he-heeeeee!

♪ ♪ >> bob: hi, nice to see you. now, i just took a shot at brian kilmeade because he said i ad libed. itch don't have a prompter. unlike brian kilmeade on "fox and friends." >> brian: and obama. >> bob: this is a story that broke first in england, and

confirmed by perhaps confirmed by fox in -- >> andrea: was confirmed. >> bob: confirmed by fox in washington. however, it does not approve to be an accurate story. it happens. wait, i'm doing an opening here. we are talking about release of gitmo prisoners. >> eric: five. >> bob: so. >> dana: break it down. >> bob: you interrupted my monologue. what i'm saying is the white house -- let me finish this, will you? the white house has denied that this is something that was decided. go ahead. >> brian: in an effort to get to office to talk, taliban says fine, give us the five prisoners back. leaders and we need them back. by the way, they have an association with al-qaeda. the word is they are actually considering doing that just for the opportunity to talk to

the taliban. >> bob: the word is -- there is sourcing for you right there. the reality, they are not going to just talk to them. they are already talking to them number one. >> brian: don't you see the pattern? >> bob: yes. >> brian: almost tried khalid sheikh mohammed. the americans said it's ridiculous. they reversed course. now the same group that said i'll give up missile defense to prove to russians we can be trusted. now we're about to take the taliban take five guys back who are angry and treated like heroes and go back to -- >> bob: they haven't been negotiating with the taliban, the afghani government. they joined that as well as others. if you had a chance to get the war over n afghanistan over with and whatever is it will include taliban. >> andrea: i agree with you, bob. the troops need to come home but we don't know who we are dealing with over there. this is more about the politics. that is the trend than the war. our own jennifer griffin did a

report on this last week on "special report" and confirmed with the u.s. officials they were considering release of fazio. dangerous man. >> brian: linked to al-qaeda. >> andrea: exactly. this administration proven time and again to throw the problems out, as you say, in the break, dana to see what people think, what they will do. the downtown hearings. they look at every -- >> bob: they will take down more al-qaeda and terrorists. al-qaeda isn't an organization anymore. [ inaudible ] give minimal credit. >> brian: last thing on the topic, the taliban has no interest in talking to us because they're nothing if not patient. every month going by, we have less guys to fight them. why should they go -- >> bob: let me make a point. the pakistani taliban and then

afghanistan. pakistani taliban is where our problem is. >> andrea: they just want the war finished. i'm sorry, as long as we have troops on the ground, don't release them. >> bob: if they stopped bringing taliban in, we'd get the troops home. this is important. recess appointments. obama made a decision to make five recess appointments while the senate was not around. which is great. i think. >> dana: pretty unbelievable. >> bob: it happens over in many administrations -- administrations -- >> dana: he did not do it in this way. >> bob: did he appoint anybody? >> dana: that is not the question, bob. if president bush had done what president obama did, believe me the left would be screaming from the rooftop about abuse of executive power. there is a reason it's getting headlines. it's unprecedented. there is a question of whether or not it's even legal. but let's also remember what it was for. it was for the person that is

going to head the consumer protection whatever it is going to be called now. >> bob: consumer watchdog. >> dana: political thing. talk where he made the announcement. this white house sent president obama to ohio to a high school. in front of high school students makes unprecedented decision. and tells the high school students that the republicans want to ruin the country by taking away all the safety regulations. >> bob: that -- >> dana: at a high school. >> bob: he happens to protecting them against the guys on wall street that ripped them off. now, the republicans are behind him and trying to stop it. that means that the republicans are trying to do away with the regulation to help the consumer. >> eric: can we point something out? the senate democrats did one thing. they sent one senator to the senate floor. every third day to make sure that when the senator steps on the senate floor, they are no longer in recess. they're in pro forma session. therefore, obama has usurped

the senate. usurped the law. he has broken the law likely. he should haven't done what he did. even if they find a way around and it's legal, it's ridiculous. he is the only president in history -- >> bob: look, recess appointment is a loose term. i means if you cannot have a quorum, and you will not have a quorum because they're not back. >> dana: bob there would be no news here if it was a regular recess appointment. that is not what happened. >> bob: recess appointment happens when? >> eric: when they are in recess. >> dana: bradbury who was going to be the office of legal counsel person could not get confirmed. senator reid was strongly against it and held them in pro forma session. president bush refused to do what president obama did because he thought it would be going too far. that's not what the president did. i think they will be held accountable for it. also, if the left thinks this is a good idea i would love to

see what they think in six years when there is a republican in office. they would say it's unconstitutional. >> bob: the national regulation board, the other reforms they made, republicans want nothing to do with the labor relations. they don't want labor. >> dana: they do want -- >> brian: if they like don't it -- >> bob: they aren't sitting around worried about this. >> andrea: going to a high school, for kids who can't vote. i know he expects people to be born yesterday to believe him. these kids were literally born yesterday. >> eric: they are not able to vote. >> dana: he said you inspire me and there was no response. >> bob: this is terrible. i can't believe it. i can't hear you. >> brian: i agree except for one thing. six years -- >> dana: i was trying to think about when a republican, i was thinking republican president will do it in the first two years. >> bob: you have a long way for a republican president. i would like to tease the next story but i can't.

because it would break a new year's resolution. you're not going to hear me say what is coming up. they'll discuss it when we get back. i refuse to talk about this woman. >> dana: that's a tease! ♪ ♪    

i'm bret baier in washington. this evening on "special report," carl cameron chases down the republican candidates as they work for votes ahead of the first primary of the election cycle. iowa caucus winner mitt romney went after president obama again today. we'll tell you what he said. and we have news about rick santorum, the surging candidate. santorum may have one specific problem in a number of places. mike will tell us what that is. president obama made history today at the pentagon. he was there to talk about his new defense policy that will involve new strategies and a lot less money. jennifer griffin is on that story. and ed henry has a follow-up on wednesday's recess appointments by president obama. new consumer watchdog richard codray is already on the job. we hear from him. "special report" from washington starts at 6:00 eastern. now have back to new york with my colleagues with "the five." ♪ ♪

♪ ♪ >> brian: welcome back to "the five." special thanks to the beach boys for coming in today. liberal group called the courage campaign is pushing a ballot measure out of california that would force rich people, well, to give more money to the state government. and they're using kim kardashian to try to convince people, sorry, bob, it's the right thing to do. >> it's changed my life because -- [ inaudible ] ♪ ♪ >> brian: hey, millionaires, does it convince you to pay more, maybe 13% on your taxes and do you feel guilty she paid $10 million and pays 10% on taxes? bob beckel, do you think that is an effective ad to get

people, the horrible millionaires and billionaires to pay more? >> bob: she is going to pick up her phi beta kappa key. >> brian: this woman made a lot of money in short period of time. >> bob: so did lassie. >> bob: lass -- >> brian: lassie was very successful and saved a lot of people. >> bob: i am not talking about this person. a waste of time. why we are talking about this person is beyond my comprehension. >> brian: this is an effective way to get people to feel guilty and millionaires to feel guilty about not paying as much as people making $45,000? >> andrea: i am going to defend kim kardashian. >> brian: why? >> andrea: that this is baloney. california has progressive tax rate. she pays 10.3% in taxes. say her hair dresser pays -- makes $47,000. she pays 9.3%. you are telling me that kim kardashian pays the same amount of money in taxes as

her hair dresser? it's so deceitful. there is already a millionaire's tax in california. this is a lie. they are using poor kim -- i am not one to defend her, but she is not a liberals either out there like alec baldwin and the others talking about occupy and tax the rich. leave her alone. >> eric: i agree. i won't say poor kim. but the point is this is the class warfare game that obama plays. here is the numbers. pay 10.1% tax on $12 million. $1.2 million she pays. $47,000 hair dresser pays four grand. >> bob: i can't believe you're taking this serious. >> eric: that is 10.1% state tax in california. which by the way is supposed to have a balanced budget. but is $25 million in the hole. >> dana: the bigger -- let's put her out of picture for a second. >> bob: thank god. >> dana: the overall question whether or not this helps or hurt the cause that president obama wants rich people should pay more, i

think an ad like this hurts that cause. it puts it in stark contrast to what is fair. and what is -- what is happening in reality in california. >> brian: especially in california. look at kardashian. for example, she has a cadre of people surrounding her. yes person, yes man, hair dresser, someone to say you look great. >> andrea: or if you're brian kilmeade. >> brian: it's very similar. no, you take a portion of that, those people need benefits. they need dental and they have a co-pay. we need more kim kardashians. the world would be a better place. >> bob: let me ask you this. do you not think the millionaires should pay more in taxes? >> andrea: they do. that is the point. >> bob: not -- >> eric: look, kim kardashian $1.3 million. the hair dresser $4700. she is clearly paying more. a lot more. >> bob: good. good. >> andrea: okay. >> bob: why does this table have this obsession for

millionaires? >> brian: millionaires hire us. they buy buildings. >> andrea: this is not about kardashian. she is a ploy to get attention for this. it's not about her. it's about -- you know it's about the deceit that the left uses. >> bob: deceit that the 99% use against the 1%. >> brian: is it about her. andrea, please. i talk to bruce janner, her stepfather and said he never met anyone with as much business sense or savvy as his daughter ken. he won the decathlon and in good shape. he did have some surgery. >> andrea: he is the only one in that family that has really doning is of worth. >> dana: yeah. he was on the wheaties box. >> brian: the jesse waters video, this guy went out on new year's eve and asked people of america located in new york who is going to be the next president? fascinating.

watch. >> who do you think the president is going to be? >> hopefully not obama. >> ron paul. good guy. >> romney is looking really strong. you know what i mean. >> i think he is a pomp pass ass. >> mitt romney, heard of him? >> no. >> what about michele bachmann? >> no. >> rick perry? >> not familiar. >> i can't think of a name right now. >> how about rick. >> rick cheney? [ laughter ] >> brian: there you go. i feel better about our country. we're the only one paying attention. >> andrea: at least they didn't say rick james. then i'd really be worried. i am somewhere worried about that country base on the video. he has videos that scare me. make me laugh and scare me. >> bob: one place i'd want to go to get intellectual sample of the intellect of america. >> eric: if they asked the democrat, the democrat. if they asked people republicans or democrat, democrat. >> bob: why would you say that?

>>ana: because of the intellect issue? >> bob: were you out there in new year's eve in times square? >> andrea: were you with your russian friend? >> bob: i was doing international -- >> andrea: with the exchange student? how nice of you. >> brian: resetting a relationship. hit the reset button. >> dana: it might be more successful than obama's attempt. >> brian: thank you. don't take down the missile defense. if you know what i'm saying. >> eric: wow. >> dana: can't say that on "fox and friends." >> brian: as far as i know i can't say it here. casey anthony speaks. he's the mature one. video diary. it doesn't mention daughter caylee. we have the tape. we'll show it to you. she looks dramatically different when we come back. ♪ ♪ [ male announcer ] feeling like a shadow of your former self?

c'mon, michael! get in the game! [ male announcer ] don't have the hops for hoops with your buddies? lost your appetite for romance? and your mood is on its way down. you might not just be getting older. you might have a treatable ndition called low testosterone or low t. millions of men, forty-fi older, may have low t. so talk to your doctor about low t. hey, michael! [ male announcer ] and step out of the shadows. hi! how are you? [ male announcer ] learn more at isitlowt.com. [ laughs ] hey!

♪ ♪ >> andrea: good song. "holding out for a hero." we're back. so we just talked about bob's favorite person in the last block. but now on to second favorite

person. casey anthony is back. she has released a video diary. look at the new reinvented casey anthony. >> i am excited that i'll be able to skype and obviously keep a video log. take some pictures. thenvy something that i can finally call right. now i have someone to talk to, not by myself so i'm not bothering the poor dog. who i have adopted. just surreal how much things have changed since july. and how many things haven't changed. >> andrea: wow! that was profound. she doesn't even mention her daughter in this entire diary. this is not a woman who has a soul. >> dana: i cannot imagine ever wanting to do this where you just sit in front of your computer and just like hold court for the computer.

i'm not that surprised she didn't talk about her daughter if for the purpose is to the video to get out. it saw something that the lawyers said it would be illegally obtained but i doubt that. >> dana: you sit in front of your computer and you hold court. >> brian: i find myself fascinating. >> andrea: she said she is really excited for new start she has. this is a woman whose daughter is dead. >> brian: she is excited she gets to use the term "skype." i'm used to use skype. i don't know what is next. skype. it's great. tired of talking to my dog. that doesn't even look like her. it looks nothing like her. >> bob: profound question to ask. is she going to get out of probation in time for her roast? >> brian: last thing about casey anthony, she will end up like van der sloot. she will do something else like o.j. no way she will stay in line. couple of years she'll be in

legal trouble. >> andrea: from bad mom to a good mom protecting her child. loan to this tape, 911 call of oklahoma mother calling 911 when she discovers an intruder in the house and she wants to shoot them. >> my infant baby. >> are your doors locked? >> yes. is it okay if she comes in the store? >> i can't tell you that you can do that, but you do what you have to do to protect your baby. >> andrea: she did it. she shot the intruder. >> eric: and he died. there was another intruder at the backdoor and he will get prosecuted. this is a big controversy on what you can and can't do. i know for a fact in florida, if you have a gun and someone breaks in, you can blow them away and you will be okay. each state has different laws. by the way, why shouldn't you be able to shoot someone who is breaking in your own house? especially if you got a kid? i think she should absolutely walk on this. there should be no prosecution of her whatsoever.

>> brian: here is the thing about this. not only did she shoot him and kill him and do the right thing, the guy scouted the place 24 hours before and said i just came by to say hi and then breaks in. terrifying situation. i was fascinated to find out in certain states you have to prove that there was no place to retreat to in order to not get prosecuted. in other states, if you see the assailant, the would-be robber is running away, you can't shoot. >> eric: if the guy is running away, you can't shoot him. >> brian: staggering to me. >> dana: the laws are convoluted. if you are a gun owner you need to know what the laws are. i don't know what her presence of mind was. but you should probably know if you can go after an intruder if you are going to have a gun in the house. >> bob: she sounded very calm to me, given all the situation. >> dana: she had two guns in her hand. >> bob: 911 operator. the guys get prosecuted not for breaking in, but first degree murder. >> eric: he was part of the -- by the way, i think all

bets are off when you have a kid. that you are protecting. forget the law. worry about it later. >> bob: you talk about shooting somebody, they break in your house and run down the street and you shoot them in the back? >> eric: yeah. >> brian: shoot them dead. they get somebody else about come back to their house. they broke in, their risk and their problem and their doctor bill. on top of that, i feel so bad for this 18-year-old mom. her husband died on christmas eve. the next week, they are breaking in her house. she has to fight for her kid. >> eric: very quickly, this is a great reason for nationalized concealed carry laws. not state by state. make it national, one law where everything is on the table. >> andrea: absolutely. >> bob: go after -- >> andrea: we're outnumbered in new york city. one more thing. our favorite new segment, coming right up after this quick break. ♪ ♪

♪ ♪ >> dana: love that song. now it's time for one more thing. this is a new segment we love to do. to kick us off, brian, a lot of pressure, first one to go. >> brian: i been watching the segment. everyone loves it. i'll tell you my interaction.

earlier in week, we had terry bradshaw on the show. we hit it off. he came over and said you have a second? i'm thinking this is my first celebrity friend. he will say do you have time for lunch? or when you get los angeles come over. i'm thinking we can talk about the steelers and the giants and chances for the falcons in the playoffs. he was going well, i was wondering i saw you one time -- he got nervous and said do you think you can get me on "the five"? >> dana: that is because he met me and then he wanted to be on "the five." >> brian: he said i want to be on "the five." he asked for a favor to get in with you on "the five." >> dana: did you watch yesterday's show? that was my one more thing. terry bradshaw has had more airtime on this show than greg gutfeld has. >> brian: he is on nutrisystem. >> andrea: yesterday, we talked about the chevy volt and what a disaster it was. yahoo saying it's bum deal.

today we found out 8,000 volts we the taxpayers paid for have been recalled. the is another reason, everybody, why the government should not be in business of picking winners. >> dana: that is a long return line to take something back. >> bob: mine is, you know, i know that we hadn't spent important time on the two mensa society women that, one from los angeles and the other one from prison. it's importance, their contribution to society. what we didn't cover, we might talk about it tomorrow is 325,000 private sector jobs created last month. welcome to beginning of the obama recovery. republicans, say bye-bye. >> dana: eric pitched hit the morning and we'll talk about it tomorrow. >> eric: one thing, bad news

or good news. what do you want to hear first? >> dana: bad news first. >> eric:'sman kodak filed for bankruptcy on the left, that is the ceo. on the right is the g.e. ceo. the two gentlemen are now responsible for 55,000 jobs leaving america. they are both on obama's jobs council. the good news quickly, season five of "jersey shore" starts tonight. >> brian: we finally have an agenda in the evening. >> dana: let me do mine. it brought this up on happening now. my reaction to this ad from jon huntsman in new hampshire. >> this station has been downgraded. we have been kick around as people. we are getting screwed as americans. >> dana: i brought this up and i said i didn't think it sounded presidential. our friend who we like, rush limbaugh said he liked me but disagreed with me because that's just bold and that's true. i do think if rush limbaugh said it, i'd be