asking jeremy lind to speak at their high school graduation saying they can be anything they dream of for two >> fox business network -- >> eric: this is the fox news alert. we're waiting major announcement in the presidential race and we'll carry it live any moment. i'm eric bolling, with andrea tantaros, dana perino, greg gutfeld, bob beckel. it's 5:00 in new york city. this is "the five." ♪ ♪ ladies and gentlemen, the president spoke today about the billions of dollars in oil subsidiaries but it wasn't the first time. >> $4 billion in taxpayer subsidiaries, to oil companies this year. we have been subsidizing oil companies for a century. the oil su subsidiaries don't bring prices down tomorrow. >> $4 billion in subsidiaries

every year. expect congress to vote on ending the subsidiaries. $4 billion on subsidies to oil companies each year. $4 billion of your tax dollars subsidize the oil industry. century of subsidies for the oil companies is long enough. >> congress, up until this point has thought it was a good idea to spend billions of dollars more in tax dollars to the oil industry. >> eric: but they aren't subsidiaries. we have don't give one taxpayer dollars to oil companies. what he saying is patently false. it's their money, not the government's money. another target for the president, profit mode. >> right now, biggest oil companies are raking in record profits. profits that go up every time folks pull up in to a gas station. on top of the record profits, the profits and the company profits. $200 million in quarterly profits with record profits

and rising production. i'm not worried about the big oil companies. >> eric: he parked profit like it's -- he bashed profit like it's something to be ashamed of. profit is what makes the baker get up early and the bartender stay up late to serve the beer. foundation of american capitalism, something to celebrate, not demonize. right, bob? >> bob: yeah, the difference is the guy that bakes the bread or the bar tepider, don't get tax breaks the way the oil companies do. you say it's not a subsidy but the reality is they pay less for other companies, that the top three make $80 billion. good profit. why we would give them $4 billion in tax breaks i do not know. i tell you, it does affect the taxpayers, it does not, it gets bigger because we subsidize the wealthiest corporation in america. >> eric: you are shaking your head. >> andrea: well, that is just not all true. they get, oil companies get

the same tax credit that g.e. gets that apple gets. they are manufacturing tax credits. these are the same tax credit the president out thed in his own "state of the union" in january. so this is misleading. look at the oil company. he is bashing profits. who funds the welfare state? who do you think will pay for the exens piv programs? taxes -- expensive programs? the taxes that the oil companies already pay. they are one of the few triple-a rated companies left. a lot of people have retirement invested in the oil companies. if you hit oil company you hit the shareholders and the consumers. the shareholders are the mom and pop. their retirement. >> eric: and jobs, too. >> dana: the administration should be thanking them because it is the growth the economic growth they can look back on. driven by the energy companies in particular because of the technology for the fracking technology, the oil shale. they could be a major

technological innovation. maybe one of the first of the person that invented the internet. i'm just kidding. the other thing in the president's budget he came up with a lukewarm corporate tax reform plan. this corporate tax reform plan that president obama proposing would give the money back to the oil companies in the form of tax brack breaks. why they want to penalize one group surprises me. they're on stronger ground on that. >> eric: what do you think, greg? >> greg: i don't think we should worry about oil. a dozen more windmills will be online by november. gas prices will drop. if we could harness president obama's class warfare we'd have more energy. if you are urging to transfer of that money to big "g," green energy that is taking money to gallon and giving it

to gufus, a highlight reference. like said about taxes to exxon in 2007, paid more than the bottom 50% of taxpayers. they paid more than 65 million people. plus one. including bob. another point, talk about profits. they make 7 cents. >> eric: 47 cents on the dollar. >> bob: $4.7 million an hour. >> greg: because people use gas. 6.7 cents. they get taxed 50 cents a gallon. if you want to ease the burden on america, if you feel like we are suffering, get rid of the tax. >> dana: wait. wait. >> andrea: was that "highlights" the magazine? >> greg: yes. >> andrea: i love that magazine. >> eric: local bread. >> andrea: dana gets hungry.

>> this represents $4 billion of tax credit that the oil companies get. >> greg: i'm on the atkins diet. >> eric: this is what i'll do. this represents what the green companies get. >> greg: this is a mistake. >> bob: that was a real mistake. g.e. does not get these tax breaks. >> andrea: yes, they do. >> eric: $4 billion? >> andrea: yes. the same tax break. >> bob: they get $4 billion? >> eric: probably more. >> andrea: yes. >> eric: 2010, they didn't pay a time. >> bob: i find that a stretch. >> andrea: apple? they're barely raking it in. >> bob: tax subsidiaries? >> dana: absolutely.

>> bob: why do we give them subsidiaries? >> eric: if you have your own money you use more money to hire more people. >> bob: tax breaks. >> eric: it's their money. >> bob: you pay taxes it's your money. >> eric: this is the argument that the liberals make about the mortgage tax credit. if you earn money, you keep more of your money and you are likely to spend and invest your own money. bon why should we have mortgage tax credits? >> dana: let me stay on oil. after the president gave the speech in the rose garden again he lost in the senate. they had the vote in the senate. it failed. congressional research service, they said this proposal will not decrease gas prices it gave the senators who voted against it the

comfort to say this is why we're voting against it. they work in state of alaska and louisiana for example. the president looks weak. the idea tank is on empty. if you want out of a rut that you don't have a montage, where they are on message, but it's the wrong message. >> greg: those are oil producing states. >> dana: so they get it and understand. it doesn't matter. the bill went down again. >> bob: oil company has given them money. the idea that the democrat, the average american doesn't get this much of a tax subsidy and exxon makes $4 billion an hour gets one -- >> eric: this gallon of gasoline. profit in gallon of gasoline. here is what the oil company makes. 6.7 cents. that is what they make. >> bob: that is a false

argument. >> eric: this is what the government gets right here. the government produces no green energy jobs. the oil company produce 9 million jobs. >> bob: excuse me, that is a small part of their profit. they get it from drilling and the rest of their -- >> eric: all in. all in. >> andrea: if you hold that up, it's making me hungry. i have a gluten allergy. i can't eat it. i think, though, this isn't fair based on what you said. it's not meant to be fair. they don't want it to be fair. this is the groks of liberalism. taking and choosing who gets to make money and who doesn't. a friend of the administration, if they're connected they make money. if they are not, they don't. he needs an enemy.

bill clinton thrived with an enemy and this president is doing the same thing. >> bob: you said that we need to reform the tax code. >> andrea: we agree. >> bob: do you agree that $4 billion of subsidiaries tute go to the oil companies? >> andrea: if you get rid of them, get rid of them for everybody. >> eric: before we go, weigh in on this. >> thank you, dr. pepper, thank you dr. paper. there your policy is one i fully understand. i'm not second guessing. one child per family. >> greg: obviously the fault of the doctor. anybody with a name like dr. paper. joe biden's gaffes make him more likeer. >> dana: i woman to thank dr. pepper as well. it's fantastic. i went to the dr. pepper museum in waco, texas. it was great. >> bob: it's a great drink.

>> dana: and on that note. >> greg: you drank it with rum. >> eric: coming up, endorsementpalooza. we have details out. another major endorsement. more on that when we come back. e-mail us at thefive@foxnews.com. we'll be right back. ♪ ♪ wha

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>> dana: this is a fox news alert. any minute now, republican presidential candidate mitt romney will receive a major endorsement from president george h.w. bush, known as 41. we'll take you there live. so please stay with us. first, the fate of obamacare. we have had a week long of three days of argue. in the supreme court. it's safe to say while most of the media and a lot of democrats said it was a slam dunk for president obama when they got in a courtroom and they heard the questions from the justices now they're not so sure. partisan ide log criticism of the court didn't hold up when the sufficientest questions came from the left wing of the court. so they like to take devil's

advocate. like you. i want to get to what happens next. the scenario of what can happen are interesting. what is your take on it? >> andrea: four possible scenarios. one the court does nothing and upholds the law. they repeal the entire thing. they could strike down the mandate. i'm likely to believe it will go this way. that they will strike down the mandate and then get rid of two key provisions. that is the preexisting condition guaranteed issue and community rating where you can't discriminate based on someone's age or geographical location. getting rid of the insuranc pron would save the insurance industry. the president will tout the remaining part of the bill. he will need his base

energized if the mandate is struck down. that is the case note. follow me. we need to keep the senate and re-elect me to figure out the problem, because the republicans have done nothing. >> dana: he will have more flexibility in a second term. bob, can you pick up on that? when the president's team was asked what the contin general seplan is. they said they don't have one. should they? >> bob: no. the republicans like said yesterday only issue, let them come up with an answer to the healthcare reform, which they can't do. if they strike down the mandate there are 2.3 million kids getting their parent's health insurance because of the bill. $2 million seniors get relief on the prescription drugs. there are a number of business tax credits that you know how you say the good stuff is in the front end? >> dana: yeah. >> bob: it's true. it was the good stuff.

including the precysting condition. you have million of people with that that will be taken away. the insurance companies guarantee, guaranteed a profit every year by the insurance. state insurance agencies. and commissions. they give them a profit. >> dana: the number one google search of the week was obamacare, we can now call obamacare because president obama blessed the nickname. what do you think people were looking for? >> eric: the supreme court? >> dana: no, when they searching for, what are they hoping -- >> i guess they want to know what is going to happen, where the supreme court is falling. there was an interesting discussion yesterday with the lawyer who spoke in front of the supreme court. he said here is why the law will fail. the individual mandate paid for the rest of the things. once you take it out, it will be -- what it was, a lot of

young people had to buy insurance who weren't going to use healthcare. if you pull that out, you pull the income out of people who weren't going to use a lot. the tent pole comes out. i agree with that. >> dana: the bill is unpopular for a lot of reaso reasons. we will play a sound bite from last night. >> the church is in a position to promote unpopular concept. >> the been a of contraception. you are right on target. a tough battle because of that. the opponents have chosen an issue we know we're not popular on. we have to be vigorous insisting that this is not about contraception.

it's about religious freedom. >> we talked about the conscience clause signed by president obama january 20 and then there was a firestorm. how do you think it turned out? >> greg: not well. the bill is like the baby your sister returned with after a long vacation. nobody wants to talk about it. a huge liability. i want to talk about what bob mentioned. the republicans doing nothing and coming up for a plan. it's like asking your grandmother for a lap dance. republicans are more limited got. their job is to limit government. >> bob: republicans created the band aid. >> greg: no, they didn't. >> bob: they did. >> greg: let me finish. if their job is limit government you can't expect them to expand government. one thing, preexisting conditions, this is something i don't understand.

if it covers preexisting conditions why get insurance. if you go play black jack, you can't ask for insurance because of 21 after you get 21. >> bob: after the dealer? >> greg: yeah, you can't ask for insurance. >> bob: also if you are a young person, and gets in snow accident we pay $10 million out of our pockets. jo maybe republicans, paul ryan should have plans over state lines so sick people could tailor a plan to their needs like a healthy person doesn't need all the bells and whistle and could buy a cheaper plan. >> dana: we have to leaded there, and i don't know how my segment ended up with grandma and lap dancing. i'll try harder next week. imagine your 14-year-old daughter starts a relationship with your high school teacher. should you be able to protect her? one parent is on a mission after it happened to her daughter.

we'll tell you what happened when we come back. ♪ ♪

♪ ♪ >> bob: that would be rock 'n' roll music. a story making national headlines. a 41-year-old high school teacher jailed for his relationship with his former student, her 18-year-old daughter. jordan powers and james went public with their controversial republican on "good morning america." >> i don't think i look at her as a student at all. we are sharing life.

>> people don't agree because of the age difference and he was a teacher and i was a student. >> bob: now the girl's mother has taken her fight to the california state legislature to get a law passed to make the student-teacher relationships a felony. what do you think? felony? that is a pretty big sanction, i would think. >> andrea: i think if she is underage it should be a felony. there is an appropriateness issue this teacher clearly crossed the line. however, to start to somehow use the term "felony" for someone who is 18, i think that is getting into shaky ground. starting to -- that is my concern. >> bob: that's the age of concept, right? >> andrea: 18. >> greg: don't pretend you don't know. >> bob: we see it in x-rated movies. >> eric: they're locked up in murder for 13 and 14 years old in florida. am i thinking of a different term? >> bob: sexual consent.

>> eric: sorry. if you kill someone and go to jail for it, shouldn't that be the same age to make a decision if you sleep with a teacher or not? >> bob: 18 is the age of sexual consent. >> andrea: yeah. >> dana: the question is whether he was predator. there is sexual predator laws. i think when you're 18 you can go to war and you can vote and do a lot of things when you're 18. you have can't buy a drink, which is weird. it does seem shady. and i can understand why she is concerned. i do hope that for her sake she can find a way to have a relationship with her daughter because i have a feeling her daughter is going to need her help at some point. >> bob: good point. greg, you are of consent age? >> greg: i am. if you make a law against it, it will make it more romantic. if you outlaw dating your teacher, only outlaws will date teachers. >> bob: that is very good. >> greg: by the way, are we seeing more of this as a

trend? are teachers getting randier or students looking ber better looking? >> dana: i didn't like any of my teachers. >> eric: is there a different standard with a 17 or 1-year-old boy? >> andrea: the teacher should not have a job. if he or she has inappropriate job with a student. that should be off-limits. you can find them, you can put them away for a small perd of time but a felony for an 18-year-old, if he goes after underage person who is not of the age of consent, go get them. felony is 18 -- >> bob: they are trying to do away with e-mail between teachers and students. most teachers and students e-mails are important. >> dana: i disagree. i don't think there should be e-mails between. >> bob: if someone e-mails a teacher to say explain the homework assignment? >> dana: i think it should be done in open forum. like on -- i don't know what

they're called. chat room. thing like that, where it's all open and public. >> bob: fine. if they do that, they still get, they have open forum it's okay to communicate with the teachers. >> dana: that is what they are trying to get at, a i go like this e-mailing a girl who is 17, that is not appropriate. it's just, like saving people from themselves. keeping it transplant a chat room is a safer way to do that. if you are afraid to ask a question in front of your peers, put the question in an anonymous box. >> bob: i'm glad there wasn't e-mail when i was in school. >> andrea: 8,000 text messages between them. what is even -- this is really sick. this guy, hooker has a done whson thesame age as the classm. >> greg: love conquers all. >> andrea: hopeless romantic. >> bob: excuse me.

we are waiting a rare public appearance for former president george h.w. bush to formally announce his support for mitt romney. we will be there. please stay with us. yahoo. ♪ ♪

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"special report" is at 6:00 eastern. now back to new york and five five. ♪ ♪ ♪ ♪ >> andrea: welcome back to "the five." are you happy? i mean is age just a number. or is happiness a number? well, some british researchers are saying there is a magic number to happiness. it's an age. that age is 33. now they said that because of this age, a lot of people have shaken off childhood naivety.

wild scheming of teenage years. unlike bob who still wildly schemes without losing energy and enthusiasm of youth. take a look at some 33-year-olds. katie holmes. i'm not sure she looks that happy in the magazines at the supermarket. jennifer love hewitt, another 33-year-old. she looks happy. and greg's favorite singer adam from the maroon 5 but that's because of his victoria secret model girlfriend. >> bob: i didn't know a single one of those people. >> you are not 33. >> andrea: you are happy. >> bob: but happens for reasons -- first, i don't remember 33. it was lost in a fog. but i'm happy for these things. for faith, for my family and my friends and for "the five." i mean, that to me is great happiness.

money can't buy any of those things. it's not that i disparage here is $500 million, would i take it? sure. in a lottery or something. but the idea of 33, i sort of understand what they are saying. i'm not sure at 33, you are exactly mature. >> andrea: i'm 33. i have to say i agree with the study. i'm pretty darn happy, professionally and personally. i want to know, eric, you celebrated a recent birthday. >> eric: 49. >> andrea: but you are a happy guy, too. you are always smiling around the halls. fox news. >> eric: $540 million would make me happier i think. you don't think so, bob? >> andrea: there is megamillions drawing on friday, worth half a billion. can money make you happy? if you're not 33? >> dana: half a billion dollars that the government gave to solyndra. look how that went. freddie you didn't say it.

solyndra. >> dana: i know, bob was irritated and rollles his eyes. solyndra. i love that. one thing we talked about today in the afternoon call is what happens to a lot of people who win these huge lotteries is that they end up kind of not having a good life. you knew right away the guy in britain we were talking about. >> greg: he was great. built a demolition derby in his backyard. that's what i'd do if i got $500 billion. incredibly stupid things. >> andrea: would it make it happier? >> greg: nothing makes me happy. if i could have that loaf of bread and eat it quietly in a closet, i would be happy. the happiest i was was at 37. 2002. when they canceled ally mcbeal. i remember crying and saying thank you, god. >> bob: that guy at west virginia that won all that money, had no money and went out and bought the family all the high-speed cars and stuff. two of them got killed as a result of that. he may have gotten jailed.

you know, if i had a half a billion dollars, i'd give a chunk of it to charity. i'd keep a little chunk to buy an airplane. and then i would go out and buy every right wing think tanks i could think of and close them. >> dana: i thought of what i'd do. fund a ton of republican candidates, have a candidate for republican women so they could -- >> andrea: good plan. >> greg: bob, charity is the fame of a stripper. am i right? >> bob: yes. >> andrea: lottery winners as greg mentioned, one guy, jeffrey dampier, $20 million, kidnapped and murdered by hi own sister-in-law. family and friends come out of the woodwork. the lottery winners in the big cities like manhattan, they win the lottery, they are handsome and attractive. >> eric: we won the lottery. >> andrea: on the front page of the post. >> eric: we five won it. >> andrea: we did. minutes from now, president george h.w. bush will throw his support behind mitt

romney. while we are waiting we talk about marco rubio's endorsement on "hannity" as the v.p. speculation is ramping up. stay close. ♪ ♪

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>> greg: fox news alert, going right to herbert walker bush's office in houston where he is endorsing mitt romney. >> not too long, 86 years. i think it's most important and i know george does too, to elect you. >> thank you. coming from the president and first lady, i'm honored to have your endorsement and your support. the president indicated we have been friends for some time. my parents were also friends of the president and the first lady. having your support means a great deal to me on a personal basis, family basis and a national basis. i agree with the first lady, this is a critical election. an election about the course of america. we're on a very dangerous path. it's important for to us select a nominee.

and to get on with a campaign, which will focus on two very different visions for america. >> the one presented by president obama. and another presented by me if i become the nominee. the american people can have a clear idea of where the path would lead of who they elect as president. i look forward to be successful in honoring the endorsement by winning. i hope to get a good number of delegates from contests coming up and be on my way to secure the nomination. taking on the president. with your endorsement i get a boost from those endorsements. in texas, i am told they know

you well here. >> been here a long time. you will do well here. >> well, i look forward to this process and appreciate your help. we will see the rest of you on the trail. >> no question. >> have you met with george w. bush when you've been here? >> you know, i haven't met with president george w. bush. we speak from time to time. >> [ overtalk ] >> now you see why. >> i love the president of the presidents.

>> thank you. [ inaudible ] >> greg: box though bob, though? you look like you dozed off. big surprise? >> bob: no. i think george herbert walker bush and we know mrs. bush are the kind of republicans to stay over. if i were them i'd do it. jeb did it last week. time for people to close ranks. i don't know if santorum and newt gingrich will get the program here, but i notice that adelson said it's over for newt. a big deal. santorum's super pac will continue to go to the

convention. this is a reality. if had been normal presidential rules the race would have been over a month-and-a-half ago. one last thing, endorsements in primaries probably matter. in the general election they don't matter much. >> eric: the first laid did was on the show a month ago. she said he is the guy. she was proud. >> dana: she said i'll speak for the president. >> eric: for 41, right? >> greg: a good and significant development for you're the romney team, you are thinking we're one step closer today. but the marco rubio endorsement last night, even some people thought it was lukewarm is also significant. >> greg: what do you think? do you think this will give a message to rewt, combination of rick and newt? >> andrea: they're not listening well. but if the money runs out for newt it will be tough for him to stay in the race. i think the g.o.p., not just

the g.o.p., but everybody at the table once the day wraps up already, and you will hear the crescendo start to get louder. this is an important endorsement. we are getting close to texas. this is meaningful. there will be a primary. the rubio endorsement, though lukewarm and late if the game. the real political courage comes when you endorse them early. it is significant. >> bob: look what is coming up? california, new jersey, pennsylvania, texas. big states, where you need a lot of money to do it. santorum has no money. romney does. gingrich has none. i suant it might put them over the top -- i suspect it might put them over the top. >> dana: how is santorum going to do in pennsylvania, your home state? >> andrea: it's tough. this is a state he lost, and lost by double digits. by conservative democrat to bob casey, a pro-life democrat. i compare to unicorns. do they really exist? i think it's tough for him; particularly, when he doesn't

have the money to be competitive. at any time you see the president in the polls you see the republicans get nervous. they say we have to end this thing. romney has to win the next upcoming states. >> eric: the only one you hear lately with the high profile endorsements are mitt romney. no one is lining up behind santorum or gingrich. >> bob: the other thing about pennsylvania, it's a moderate republican electorate. it's conservative, but those around philadelphia are moderate. more demographics that romney does well in. i would be surprised to see santorum win his home state. if he doesn't win there, what is his argument? at that point, i would imagine, you know, if you look at the winner take all states, i think romney can get over the top by the end of may. >> greg: we had jeb bush, the dad, any other bushes left? >> dana: laura bush. >> greg: what about the band

bush? you know the brand? >> andrea: he's british. can he vote? >> eric: reggie bush. >> dana: the question that the reporter asked was, the one question have you talked to george w.'s endorsement? president bush 43 said he is not going to endorse before the primary. good question. >> bob: you are excited about the block, i can tell. go ahead and end it. >> dana: can i get the bread out? >> greg: please. one more thing is up next. if you leave i won't endorse you for president. ♪ ♪ ♪ having an irregular heartbeat called atrial fibrillation ♪ ♪ puts you at 5 times greater risk of stroke. don't wait. go to afibstroke.com for a free discussion guide to help you talk to your doctor about reducing your risk. that's afibstroke.com.

♪ ♪ ♪ ♪ >> eric: time for one more thing. do you have one more thing? >> andrea: i do. we talk about the rising cost of tuition on the five and how the housing bubble and then there was a rising bubble in tuition people are talking about ready to burst. now parents take out loans to pay for kindergarten and talk it could be the next part to accelerate the bubble. if you look at the figures, $20,000 for some preschools.

the parents don't want them going to public schools, they take $150,000 by the time their kid -- >> eric: don't worry. obama will excuse those, too. >> andrea: that is the point. we'll push all of this on the federal balance sheet? >> dana: i have friends who are paying a lot of money. washington, d.c. area, that want to live in the city. they want to live in the city. they pay taxes but the schools aren't up to par so they spend $100,000 off the stop if you have three kids. that's for 18 things. >> eric: one more thing. >> dana: that was my dog henry. i wanted to say thank you for the sweet messages i got. tribute to henry and asking if i was all right. we are doing pretty well. i want to in particular thank bob molinar, who wrote a great book joy of bark. he accept it to me. 70 different animals that his wife joyce and he cared for and they are fans of "the

five." thank you. we're doing much better. grateful for all the love we got. 14 years. >> eric: gregory, is captain sparkles in there? >> dana: he said for greg there is a story of a distant relative of captain sparkles. >> greg: good. i want to talk, give a plug to red eye. the show i host at 3:00 a.m. we have julie banderas, who is a thrill. comedian small is on as well. we'm talk about heckling in a sporting event, political event protected in free speech. can you be thrown out of a hockey game for heckling? >> dana: what is your opinion? >> greg: i have no opinion. >> eric: on the ticket? >> greg: what ticket? >> eric: is it the rules on the back of the ticket? >> andrea: what about the heckling that bob does to attractive women when he sits outside before the show i?

that is flirting? >> bob: i went after eric's wife one night. that didn't work. >> eric: do you have one? go first? here it is. one more shot. president obama, another shot. the answer, brings gas prices down a buck. overnight immediately. give us a call. >> bob: for all of you out there paying the money the fact that eric is keeping this from you and could get it down. wants to be the president. is self-serving. but i promised those of you who i tweet -- >> eric: that's right. >> bob: i was going to send out tweet. i am trying to do it but they all go to drafts. i don't know why. i don't understand how it works. i am trying my best. it can't get it. the whole thing is just mind boggling to me. >> dana: if