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♪ >> welcome back to "the five." we're going to move to a topic that has been gaining some steam over the week. it is that the obama white house administration, through the health and human services secretary, has decided to make religious organizations violate their conscience clause, that they are going to have to provide f.d.a. approved contraceptives to their employees and at their facilities where they work. the reason this is gaining attention is that it's unprecedented. it hasn't happened before, and archbishop timothy dolen, who has a lot of credibility, has suggested to be promoted by the pope to be cardinal, he had this to say on fox news. >> never before has the federal government forced individuals and organizations to go out into the marketplace and buy a product that violates their conscience. this shouldn't happen in a land

where free exercise of religion ranks first in the bill of rights. how about letting our elected leaders know that we want religious liberty and rights of conscience restored? and the administration's mandate rescinded. we can't afford to strike out of this one. >> that was archbishop dolen. everybody is talking about this because it's going to build into something bigger. kimberly, let's start with the substance of it and then i want to talk to you about the politics, which is some people say this is a matter of women's health versus religious liberty. but in a court of law, when this is brought forward, first amendment claims are being made, how do you think the judges would see it? >> fascinating legal issue because it's unprecedented and there are many who believe and i think rightly so, that it does violate religious freedom by compelling these organizations to act in direct contradiction of their faith by providing no co-pay, et cetera, forcing them to provide contraception, birth

control, morning after pill, also sterilization. so these are things that go directly against the tenet of the catholic church and other religious organizations have a problem with it as well. so this is something that could potentially go up to the u.s. supreme court. boehner has made statements on this as well politically saying that this is something that violates the constitution and rubio has introduced legislation now that would change this. >> it's not the catholics are upset about it, but there was a rabbi that appeared with another catholic bishop yesterday on megyn kelly's show talking about the concerns about religious freedoms and ross who wrote in the "new york times," talked about the slippery slope of allowing something like this to happen that's unprecedented and how far this could go and why everybody should be concerned. do you think -- >> i don't buy it. it's just one of these moments where you just shake your head. i mean, i think i'm with jean, the senator from new hampshire who said, this whole issue is being so widely distorted and

put to political purpose and use. the church isn't being forced to do anything. they don't have to run hospitals -- >> but they do, juan. >> what? >> they tonight have to. they want to. >> just a moment. they do run hospitals and if they run the hospital and they don't want to take federal funding, then they don't have to have these rules apply to them. but you can not have a government that's run by a constitution that's a secular government and suddenly ruled by one person or one organization set of beliefs. this -- oh, wow. >> what they've done, the obama administration has done is the big government thug hand, also applies to catholic charities, catholic hospitals, catholic schools. >> but not the church! it does not apply to the -- it does not apply to a church! it apply -- >> it does. >> you should read this. it applies to charity, hospitals. it does not apply to church.

>> and diocese. >> no. >> they're running their hospitals. those hospitals, they coo a lot of work -- do a lot of work for the poor and hungry. >> that's wonderful. >> no, no. >> you can't say, this is our belief and we're going to apply it. this is a constitution, a country that's run by laws. not by anybody's religious beliefs. >> i do think religious liberty here is at stake. i also don't think it is unreasonable that if you are going to go to a catholic hospital or work for a catholic organization, you know what their beliefs are. and if you want to get the contraceptive coverage, which some of them, like the morning after pill, some people have a real problem, it's not that catholics don't use contraception, it is that you shouldn't be forced to do it. if you want to use it, you can get it elsewhere. you don't have to work for the catholic church. you don't have to go to the catholic hospital to get

treated. >> i agree. those pills are so expensive. they are -- with 50 bucks a month. this is what i don't understand. >> at most places if you pay your 5:00 o'clock you get them for free. >> i haven't bought them in a while. they're so darn cheap. i think you can eliminate this argument completely. my car insurance doesn't pay for my windshield wipers. that's essentially the same thing. >> that was really weird. >> look, you can trivialize it, but the fact it -- >> i'm not trailializing it at all. >> this is about women's health and the idea that oh, if you work for somebody or under the government's laws, it's not -- >> nobody is stopping anybody from getting pills. they're cheap. they're affordable. >> if you can afford cable television, you can afford -- >> let me say it again. if you can afford five coffee has month, you can afford your co-pay. >> under the law, you're not even required to have a co-pay for that. you're required to offer it for

free. >> that's right. >> it eliminates the co-pay requirement. what they've said is sorry everyone is so upset. but we're going to do is give you, we'll give you some time. we'll give you a year to get into compliance. >> can i ask you another legal question? >> yes. >> it was about three months ago when the supreme court voted 9-0 against the obama administration who had tried to say that if you are religious organization, you have to -- they tried to force religious organizations to hire people who weren't of that faith. the supreme court said 9-0, that's against their first amendment rights. so don't you think is the same thing? >> it's a great analogy. because what you see is you have the obama administration and a very politicized move. these are big backers, planned parenthood, they are saying yes, women's health issues should trump religious freedom and first amendment constitution -- >> no, no, no. >> tell that to the catholics! >> if the archbishop is saying it's religious violation --

>> he wants to continue to get government dollars. >> no, he doesn't. >> that is not -- >> are you accusing archbishop dolen of wanting to get federal dollars and that's why -- >> imagine that, dana? >> he's speaking his orthodoxy. you could be evan willing to anybody from any religion. i don't believe in birth control. you say that to most catholic women, they would say, i disagree with the bishop. >> that's not what they're saying, though. >> that's not what they're saying. >> it has everything to do with requiring catholics to do something, to provide a service that they are inherently against! >> there are 68 million -- >> don't take the government's money! >> obamacare requirement! >> you're like gingrich. this is a war on the catholic church. there is to war on the catholic church. >> there are catholics in america that go to church every week. if you don't like it, don't vote

for the man in 2012. >> here is the other side of it. if you are a woman or if you believe in women's rights and if you believe in the right to birth control in this country, vote for obama. is that what you're saying? >> many catholics came out for obama last year. 54% went with bush. i think they will come back in 2012. >> i agree. >> partly because of this. but more so because of the economy. but we're going to move on. more problems for the chevy volt. the company says low sales are because of bad publicity. was it actually just a bad car? eric took it for a test drive and he's going to give us his own personal review

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>> i get a call from general motors and they said they noticed i was hard on their car, the volt, on air and asked if i would meet with them. during the meeting i explained the issues i have with the car. gm took $50 billion in our taxpayer money in bailouts. uaw put in front of investors of gm, $7,500 credit for buying a car, all reasons i couldn't find it in my heart to be positive on the volt. they told me how proud of the car they were, mind you, i'm a shareholder, so i would love to have been sold on the car. so i offered them a deal. i said, let me drive the volt for a week and i'll keep an open mind about it. but after two nights of charging the volt for 12 hours, full charge, the car ran out of electricity. i kid you not, in the lincoln tunnel of both mornings on my way to work. watch. >> there is the change.

>> less than 20 miles from work, gps has it at 18.8 miles. 82.3 miles for a doughnut stop and the car on a full charge against only 25 miles. mind you, that car lists for $46,500. loaded with taxpayer subsidies and offered with a taxpayer bailout, you guys. >> you tailgate! [ laughter ] >> you're one of those tailgaters! >> i literally videotaped that in the tunnel. a little background, first day through, into the tunnel, it switched over from electric to gas. i said, no way. i fully charged it again, same thing happened and i videotaped it the second time around. juan, 25 miles to a full charge, 46,500 bucks, and billions of dollars in taxpayer subsidies, loans to the company. >> yeah. >> he's like yeah. >> time to pull the plug on the volt? >> i've gotten terrible publicity, including that bit

from you. that looks like you know that taxicab, i figured something is going to happen in the back seat. >> nothing as exciting. >> in eric's car? mr. macho. but look, i got to tell you something, if you're telling me that is evidence that we should not invest in any green energy in the united states, you're wrong. in fact, nissan and their leaf is outselling already the volt and guess what? all these other countries, they're looking for sustainable ways, alternatives to oil-based economies. >> it's easy to outsell a volt when you've sold 600 of them. >> exactly. >> basically they're operating the volt on the girl scout cookie model of selling. you buy girl scout cookies to help the girl scouts. they assume you're buying the volt to help the environment, the planet. not that it's actually a good product. >> i'm gog -- going to have to disagree. i love a frozen thin mint. >> can we talk about the difference between nissan doing

it and the gm group doing it when we've given them millions of dollars. >> i think juan made your point which is you wouldn't care if a private company wanted to put the money into a new car and it wasn't with taxpayer dollars. you wouldn't mind. we understand that there is risks involved and everything. but who is going to buy a car for $47,000 that gets that kind of mileage -- >> that runs out. >> when you have other choices? >> runs out? you would have to give that to me for free he and i'd rather roller skate backwards in the lincoln tunnel than drive that. what gave him that! >> what if it had all work out and you would have loved the volt and promoted it. >> it was a gamble. >> why would you put a car out that gets 25 -- calling it an electric car and it gets 25 miles? i can't tell you how annoying it

is to get out of the car, go in the trunk, get this long cord, hook it into the side, plug it into the wall -- >> this is a first world -- >> it was raining. i'm worried i'm going to get electrocuted. >> oh, my gosh. >> i drove a hybrid for a while but what it would do in certain types of traffic, it would have the electrical part and other parts and then the gas powered part would click in. >> runs your electricity down it 0. >> was that the appropriate amount of distance you were supposed to cover? >> 40 miles. >> 600 of these cars were sold. which my guess is the majority were sold to people who believe in the environment. it's self-perpetuating hoax. it's like when drug addicts become drug counselors. >> sometimes that works, by the way. >> green job training. they only got one out of every ten jobs done. >> don't you think there is something good to be said about saving money on gas and using less gas?

>> can i tell you something? 25 miles to the full electric charge, i'm sorry, there is ten gallons in that thing, it gets 240 miles, 250 miles to the gallon. the total all in, if you average the electric and the gas, you're getting about 30 miles to the gallon. >> how much did your electricity bill go up? what's your incentive to buy that flintstone mobile? pointing that nozzle, you've been pointing it a lot. >> coming up -- >> you get it for a prop. >> here is the thing, during the show, we were sniffing it. >> that explains a lot! >> i saw juan taking a few hits. >> eric holder gets grilled on capitol hill over the botched fast and furious operation. we got the highlights

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five." >> we're joined by disco queen tonight. welcome back to "the five." republican congressmen on capitol hill aren't happy with the way attorney general eric holder has handled the botched fast and furious operation. so today they let him have it. >> have you disciplined anyone from fast and furious? >> no, i have not as yet. >> you haven't even put a letter in people's personnel files saying that they, on their watch, acted in an -- and an agent was murdered. >> i issued a directive that said the attorney general of the united states says this technique is inappropriate. >> 93,000 documents that you're

not giving this committee and you're saying, well, the separation of powers prohibits you from doing that. that's bologna. >> how many more border patrol agents would have had to die as part of operation fast and furious for you to take responsibility? >> as a member of congress, really, i mean, is that the way in which you want to be seen, you want to be known? >> you know, dana, i don't get this, this has become so highly politicized. a man died, brian terry, the agent, his family is now suing the government. i don't think they have any chance whatsoever of recovering any money because of sovereign immunity. but what we're seeing here is a highly politicized fight over fast and furious and i remember that fast and fewer y the whole idea of tracking weapons was something that started in the bush administration. >> okay, wait. i cannot believe you went there. >> i did go there, because -- >> we have been over that so many times. fast and furious was a different program. >> it's the same idea!

>> no one died. >> different program. >> handled differently. it is a nice try to blame him -- >> i'm not blaming it. but i'm saying it's the same idea that we can track weapons that are being illegally sold across the border to the drug dealers and -- look, it didn't work out of the it was botched. but why make it so politicized? >> okay. >> was it botched? >> yeah, it was botched because they couldn't follow all the weapons. >> they lost all the weapon. >> that was on eric holder's watch. that's why he was called up on congress today. that's why the congresswoman asked the question. and another thing he said, was how about giving a little credit for all the good things i'm doing. really? this is a congressional hearing. they have the right to oversight. they have the obligation to oversights. i do think that -- i'm surprised that there is not been a democrat who has had the guts to stand up and say that this was wrong. >> what was wrong? >> that needs to happen. >> what was wrong?

that one, at least there was the problem. secondly was the cover-up. >> everybody says there was a problem, including eric holder, who says, i'll give you all the documents you want, but i'm not going to give you documents pertaining to your request for documents because at some point then, we can't do business over here. >> i'll give you all the documents you want except for 91 -- 93,000. >> you make request for documents and so we discuss, here is the documents. you know, you can't just say, get us a dump of everything, otherwise you chill discussion not only in justice department, but in the executive branch. >> what happened to transparency? remember that one? >> i remember everybody making that argument during the bush administration, too. >> i can't believe you went there. i can't believe you went there. >> when all of y'all wanted albertorgones to release all the documents -- >> i'm just saying. really, this is an example of the united states government doing something to try to stop the illegal flow of government. >> what did they do, juan?

>> they trite to track these guns to see where they were going, who was using them and they were going to recover them. >> they tracked two guns. >> they lost control. that's the botched part. >> they sold 2500 guns or gave 2500 guns and tracked two of them for half a day. >> the whole thing blew up. >> but they found the other weapons because a man was killed because of their gross negligence and imcompetence. we can find that gun because it was at the scene where someone was murdered. for his i'm going to turn this over and not turn over everything, he turned over to the inspector general 1,000 documents for the investigation that he's doing. but he can't turn it over to the congressional committee that asked for the same documents? he is deliberately obviously withholding them 'cause it's very politicized and they want to put this off 'til after the election and he is stalling and he should know better. it's unbelievable that he didn't know that it was going on. >> it's politicized by a committee that absolutely can't stand eric holder and i think is

using eric holder as a stand in for president obama. but why can't they stand eric holder? they tonight like the way he has dealt with bush administration, prosecutions of people who were involved in interrogations. they don't like the black panther, the new black panther, they don't like eric holder. >> i think the real question is, is eric holder hiding something? i say no, he's been incredibly brazen about his imcompetence. >> i know we got to go, but they brought two or three of these agents, the border agents who had a lot of information who may have rolled over and given the information on eric holder. they brought him in to dc, gave them desk jobs in d.c that sounds -- >> cover-up! >> thank you. >> to say no one lost their job, we have a new guy in charge of atf. i just think this is so political. anyway, on to lighter topics. >> what does greg think about facebook? mr. big bucks tells us next.

>> welcome back to "the five." facebook filed stock offering on wednesday and some say its value could hit $100 billion. a lot of green for something you can't eat or drive. the only tangible result, your ex from high school looks you up and ruins your marriage. according to the american academy of matrimonial marriage, 66%% are link to do facebook. even more, what generates much of facebook income is farmville, a fictitious world within another fictitious world meeting the -- meaning it's based on awful video games. i guess it beats making stuff. so it makes sense to pond there are ipo carefully. people have been buying facebook

shares privately all along, which means by the time you and i arrive, it's like showing up for thanksgiving a week later. nothing but a carcass in the fridge. the big money has been made. if you must buy, wait a few months and hold, hold, hold. there are positive lessons from facebook. one, ideas and risk mean more than degrees. facebook came from hard work and thinking big. second, its success represents the brain unfettered by bureaucracy. no union bosses or regulations could stop it. still, facebook is weird. vast nonworld where we indulge strangers, often instead of family. but please tonight unfriend me for saying that. eric, you're the financial mind here. should the average retail investor buy into facebook or is it just too late? >> it's too early to answer that question. it depends what's called the valuation, in other words, when it's about to go public, it depends what they say the company is worth. they're estimating somewhere

between 5 and $10 billion. if it's near that, you have to buy it because 850 world wide users of anything, you want to own the stock of that company. >> 850 million users, you saturate it. the odds of it growing, it can only get smaller, especially, the world is run by 15-year-old girls. the moment a 15-year-old girl says, i'm bored, i'm going to do tumbler, facebook is gone, right? >> no. i thought you were going to say it can only grow. i'm amazed how much it has grown. i saw 100 billion friends? is that possible? >> 'cause you could be a friend -- >> what's going on? >> we could all be friends. >> but we are friends. >> are we friends on there? >> i think we're friends. >> i don't know. >> haven't really mone advertised it.

>> is there any additional profit to be made? >> monday advertising it would mean, kimberly, you're the legal mind here, selling the information they have about us. >> they're doing that already. >> i don't think facebook has, right? google is considering it. >> linkedin, a bunch of these different groups have where they can use your pictures and your stuff unless you unclick certain box. did that on ling link, by the way. facebook, i think it still has room. i think you would agree, eric, and this guy is going to do like steve jobs, he's going to have a one dollar salary. it must be nice. >> dana, rejecteled my friendship. on earth and in facebook. >> i follow you on twitter. >> that's nice. >> when my mom gets on facebook, you know that maybe something next is coming up. also facebook is not -- no, you

know what i mean. >> she didn't mean it in a bad way. >> i don't even know how to do it. my mom knows how to upload pictures. >> i don't know how either. >> i loose look at some of these things, if you're a young person going to apply for a job, graduating from college, wouldn't one of the first things a new employer does, they google search you and go on the facebook to see what you've been up to. and i actually think that in some ways where facebook has led to some marriages failing issues i also think it led to some people not getting a job. >> absolutely. >> that's true. >> one quick point -- >> there is a lot of stalkers on there? >> no taxpayer bailouts for facebook whatsoever. >> they don't need it. it's american innovation. but the question today is, will it make you money if you buy into it? >> shall we move on? >> here is a math question. multiply 8 by 2, then divide it by 4 and subtract 3. what do you have? 1. one more thing. >> that's cute. >> we got five of them here.

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>> yeah. all right. way to almost end the show.

time now for one more thing. we're going to go with juanito. >> we were talking about facebook and friending people. so one of my friends and up with of the friends to this show, bill o'reilly, had a big, big, big, big day on monday night. let me tell you how big. bill o'reilly op our little -- on our little cable channel, beat big old nbc, brian williams in rock center in terms of total audience! think about that. fox news channel right here on your cable dial, beat a broadcast network and their big prime time magazine show! hats off to bill o'reilly. that's awesome. >> you already fill in! >> you are on "the five"! >> you think i'm kissing up to bill o'reilly is this. >> a little. >> who said that. >> are you kidding me? i'm on his show all the time and i substitute for him. >> this segment is really about

juan's -- >> you want to compare trust to o'reilley? >> oh, get out of here. >> order in the court! >> i just had a quick one which is eric on monday gave us all recaps of the fife and mine was demandeer -- commandeered. >> he's a gorgeous model. eric? >> nozzle boy. >> i was going through some stuff and i found the al-jazeera version of "the five." take a look. so i'm explaining it. al-jazeera. i think they call it the three over there. check it out. this is like beckel and i. >> wait, wait. went too far. >> that's it. a little too much. >> all right. so today i had the great pleasure to attend over at the metropolitan club a great convenient with the boys club of new york, which has been around

since 1867 and they serve over 3,000 boys that come from some of the poorest neighborhoods and they reach out to boys and to athletic program, art program, scholarships, placements in school, fabulous organization. and, in fact, today they had a guest speaker, andrew ferguson, and i found out, he is a great friend of greg gutfeld. >> this is his book called "crazy you." it's about how he tried to get his son into college and anybody who has a kid going into college, get this book. he was one of my first bosses at the american spectator. i used to fetch his cigarettes. camels. >> humble beginnings. >> i suggest you pick up this book. i read it and i enjoyed every word on the page. >> you don't even have a kid. >> i don't have a kid. but i have a book. >> just in case you want to. so really fun, great today. if you want, you can donate to this wonderful organization. does tremendous outreach to