whether you like it or not. open thread vote about the irs and everything else. see you tomorrow night, good night from washington. you. [ laughter ] >> i'm greg gutfeld along our panel and dana perino. it's 5:00 in new york city and slightly balmy. >> greg: one week ago president obama said this about government. >> you have grown up hearing voices that incessantly warn of government is nothing more than a some sinister entity at the root of all our problems, you should reject all these voices, because what they suggest that our our unique experiment in self rule is a sham which we

can't be trusted. >> greg: about those voices, first they said benghazi about and then they say the irs and now the doj. you never know with our media will put up with everything. a.p.'s editor called obama clearly distressing. that is an understatement. what can you expect president obama snooping on the a.p. is like a husband keeping tabs on his wife. why don't you trust me. after all that dirt i dug up, you still don't love me. but it's on a.p. for trusting obama. left's golden rule, all is permissible but i need not tolerated you which is why you can target the tea party. sadly the a.p. knows what that is like. so we've got three scandals a flurry of corruption that has heads spinning faster an load of

wet laundry. if there was profession that cover such events we can dream but today journalists love obama. they are like the memphis mafia, to keep elvis presley happy and that ended well. each scandal is a flied bacon and peanut butter sandwich. it's not so bad when the heart of the administration finally gives out. >> andrea, what happened to no drama obama. this guy is lifetime channel mini series. when this is s in going to stop? >> andrea: i like lifetime mini series. watch what mini series. you said spinning laundry. how about spinning dirty laundry that isn't getting clean. this isn't a president that hasn't been held account be a. he is getting very angry and defensive. "washington post" gave him four

on benghazi but they have been lying so long. they are still comfortable doing it. and they are not used to fact checking them. they said, management, basically said the president sets the tone. management is more than just giving the speeches and setting tone but the president sets the tone, that is it. if they are going to act this way, i had no idea. yesterday, ryer, bad manager. liar, we don't know yet. >> greg: is the credibility gap the snake river canyon. >> bob: snake river canyon? this is difficult day for me. as you can probably imagine. let me start by saying this. good news for the obama administration is holder had recused himself from this investigation because the f.b.i. was actively investigating the leaks of information about a

very sensitive investigation about american airline. other the thing the patriot act they are allowed to do these things. if they exhausted every possibility. so whether we like it or not, that is the law. they can do that. they ought to change the law. the other thing when it comes to the investigation of conservative groups, let's keep in mind that this was done under the auspices of a man that was appointed the irs director by george bush and knew about it up until june 11th and told the republicans it was not the case. so did this current director which i think it was an isolated incident in the cincinnati office. >> greg: eric, it's bush's fault >> bob: bush appointed the guy. >> eric: the head of the irs is isolated incident.

clearly there is so many investigations. they are going to find -- there is a huge problem with not only highlighting conservatives and the irs, but beyond that they took the information, these conservative groups were applying to the irs for tax exempt status, very importantly turning over some important information that was just unique to them they didn't want everyone including their donors out there. then they leaked this information to pro publica. i looked it up. as the liberal, a progressive group. for them to leak. >> bob: one of my favorite radio stations. >> eric: for them to leak proprietary information by liberal group that is funded by the family and george soros. it's problematic. it may reach into the illegal category. it goes way beyond isolated.

>> bob: i'm suggesting that the two irs detectors did not know this was going on. the one bush appointed and one obama appointed. >> dana: how irresponsible, the keeper to have somebody that the bush administration appointed. so that is why it's preposterous it happened on their watch and they are trying to sweep it under the rug. >> bob: that director said it did not happen. i believe him when he said he didn't know it happened. >> dana: but that -- okay there are two players common to all three scandals you talk about. obama himself or the white house and the press. the press ignores claims from the tea party for three years that they were being targeted by the irs. the press gave obama a pass on benghazi for seven months, yeah, they get four pinocchios but

seven months after the facts haven't changes. press is connected because they are outraged because they were targeted. that is only reason they are all united now. >> eric: it's interesting it's never president obama's fault. benghazi wasn't their fault. solyndra wasn't his fault. irs is not going to be his fault. >> bob: president of united states that they ordered it? >> eric: i'm suggesting that the president knew about all these things. >> bob: that is very serious allegation. >> it goes back to my point. he is unfit and incapable of managing and maybe inexperienced. >> eric: why would the irs purposely go after conservative groups. >> bob: i guess there were

liberals in the organizatio >> eric: because they wanted the accolades of finding out information on conservatives. >> bob: i would need to suggest this is something obama ordered happened is a very serious allegation. >> eric: that is not what i said. i think, my guess, i didn't say he ordered. he may in some way shame or form to be aware of it. >> dana: i think they have scandals, like radar. if you cut me open, i have so much scandals. i assume everything is going to be a scandal. this is an example of communication standpoint. jay carney on friday say they just learned about it. president obama on monday says, i learned about from press reports. today jay carney says the white house was notified two years ago. the press reports say they have

known about this for three years. no one is talking to anybody ever? examine except for the fund-raiser. >> andrea: they also have a conflicting message on irs. they are saying the actions actually took place. they apologized for that. president obama is saying, if the actions take place. they can't get on the same page. i'm sorry, maybe they are used to scandal because these aren't the first bunch we have seen. nsa leaks. black panther, department of energy solyndra, department of agriculture and c.i.a. secret service, it's an alphabet soup! it's been that way for years. >> bob: you had two commissioners that told congress they didn't know about this and they lied. is that what you are saying? >> andrea: we know that

lois lerner knew. it's always a lower level aide,y connection, the salaries for the lower level aides they are completely disconnected. problem is political protectionism. they have been protected by the press and also by their allies. from ever having to deal with certain problems. now, do you remember jobs saved or created. that was ton of baloney to talk about the economy but the press bought it. you get to the point where you will say virtually everything even if it is ridiculous. i would think that the overall the leaders of the democratic party are very worried right now. because one of the things they were able to do, we can deal with national security in the way that america wants and will be competent managers and governors. that has proven to be false.

>> bob: do you believe that someone that is deputy director of irs would have a face to face with the president of united states. >> dana: if the deputy of the irs someone would have told the treasury departmental and called the white house affairs office, we have problem here. or for three years you have been reading about this, say in the press office, can you call the treasury and maybe this is all baloney. check it out for me. hey, check it on out. they called the irs so somehow there is a klgs that spot happening because they don't want to have responsibility for anything or they know about it. >> eric: i'll give you one more. or he has a ring that seals him from everything, president obama just do your campaign stops and fund-raisers in new york. go play basketball, go to vegas. we're not going bother you. >> heads should roll. >> just aboute hasn't

really gotten angry go. now spying on the press. >> dana: the only thing he gets mad about is conservatives. >> bob: don't you think that dick cheney called for an investigation? >> greg: the chickens have come home to roost. coming up, we'll examine exactly what the irs was asking the conservative groups they were targeting. dana has one of the actually letters -- i hope she learned how to read. that is next. ♪ ♪ ♪ ♪

♪ ♪ ♪ ♪ talking about me baby ♪ say i'm doing you wrong, doing you wrong ♪ >> today the a little go chief of irs made the first comment targeting conservatives before the 2012 election. steven miller blames a lack of sensitivity by suggesting groups like the tea party to extra scrutiny. peabt is dancing himself on the scandal but tea partiers a target for years. remember enemies, punish your enemies. there is a lovely one i can't repeat by david axelrod about the tea party. i wouldn't say it out loud. greg, we a talked about the scandals. i'm going to ask you a question. the white house says they have known about this for two weeks, but nobody tells president obama. also, why didn't they get in front of the story and explain

outrage before it dribbles out at this conference. it doesn't make sense. >> greg: that is why it makes me think it's probably worse, they did it on the middle of benghazi and did it on friday. then they ran -- by the way, these are not investigations, these are targeted assassinations. who knew the irs had a drone program. >> dana: here is question in the questionnaire to get tax status, you are one of these groups and sensitive questionnaire. it's so long, basically its barrier to entry nobody would ever to fulfill all. this here is one, though -- is there member or board officer os or plans to be a candidate of the office. please include the nature of each candidacy. how is that anything but a witch hunt? >> eric: if it was done equally on both sides. my problem is they were

targeting conservative groups. we of conservative tea party groups and said they would employ the information and come back and say we need more, we need more and go on and on. couple quick thoughts. 2011 i was pretty vocal against four years of obama. i did get an irs audit in 2011 tax returns. i'm not is your shur if there is correlation. >> bob: there is. >> eric: i am obviously positive since last friday, they knew there, they knew it was going to come out. as we get closer to the benghazi truth. let's do this now. let's provide a shiny object for the media. last thing -- look into pro publica. it's a very progressive liberal leaning news agency. for them to get tea party information and proprietary

information on tea party groups is outrageous. >> bob: does rush limbaugh leak stuff? >> eric: i don't know financial information to a liberal group. >> you know who is asking questions. let's take a look at this soundbite. >> on the face is it an assumption? >> i can tell you that i'm not aware of anyone here knowing about it. it would be obviously -- >> not to your direct knowledge of anyone here? >> you can ask me somebody who works. >> but you said categorically? >> i am certainly not aware and confident that no one here was involved in this. >> dana: i'm confident no one was involved. >> bob: it is. i wish they would take the art of dodging a little further.

this is one of those things that can come back and bite you. it amazes me people on defense in washington why they don't keep their mouths shut. people like me to have somehow figure a way to dig them out of a hole. >> dana: they had time to prepare for this. but i don't know about this. this was the julian bond, head of the naacp. >> i think it's legitimate to look at the tea party. here are a people that are admittedly racist. overt politically that tried to harm president obama every way they can. they are the taliban of american politics and we ought to be worried about them. >> dana: andrea, lled the taliban of the conservative party. >> andrea: that is the type of rhetoric we heard in the white house, but the media cared the

water on. they were the ones reporting on the tea party that was untrue simply because the tea party wanted smaller government. nancy pelosi said this is outrageous but we should look into citizens united. even though it's bad we should continue doing it. national organization for marriages and two reporters targeted. it's the chicago way. he said he changed d.c. the way they do business -- boy, has he ever. >> dana: i'm going to spay you on the head in aacp. >> greg: this is how tolerance turns into fascism. if you are against obama you must be a racist. that gives implicit approval for persecution. i have to defend the tea party once again. they are basically your parents. they are dorky but always right.

if the media had listened to the tea party when they said this was going on they wouldn't look so foolish now. >> eric: why do i have to dig them out, you is ed. don't dig them out. what wrong with the truth? >> bob: that is exactly the kind of thing we don't need. >> eric: we're talking about when jay carney is defending the white house on a.p., fast and furious, i have to dig them out. no, don't shut up. tell us what happened so we can get to the truth. i've been audited. >> you said it's not an isolated incident. it looks like according to "the washington post" this went to irs agents right in washington, d.c.. >> bob: i still find it amazing

thinks they could pull off something like this without it becoming news. >> dana: we have to get going pause we have something to talk about when we come back. the administration is targeting of the press. today eric holder unprecedented seizure of a.p. employees' phone records ♪ hit the road jack ♪ don't you come back no more ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ .

♪ ♪ ♪ ♪ ♪ hit me with your best shot ♪ fire away ♪ ♪ ♪ >> andrea: one of three big scandals obama is struggling to explain right now is the seizure

of phone records from journalists at associated press. executive editor addressed the controversy this morning. >> the scope of the inquiry is so huge, more than a hundred journalist for the a.p. work at the place and phone records and phone numbers why seized by the justice department. i've been in this business for more than 30 years. first amendment lawyers and lawyers inside the ap and ceo is well known first amendment lawyer. none of us have ever seen anything like this. >> andrea: and so did eric holder. >> i'm not familiar with all that went into the formulation of the subpoena. i was recused from that matter. i'm confident that the people that were involved in the investigation that i've known and many years followed all the appropriate justice department regulations and did things according to doj rules. >> andrea: all right. this first amendment argument

seems to have jay carney pretty rattled. they really don't like to be accused of stomping all over the first amendment. that is exactly what they are doing. carney came out president obama is a friend of the first amendment. friend of the first amendment? >> greg: you have seeing searching bobbing and weaving. you look at holder, he is down so far he comes back aed and he is will get the bends. >> andrea: it's a terrible dance contest. not give it a ten. i want to ask, why wouldn't the obama administration go to the associated press if they are concerned with this may story on a foiled. >> why such draconian moves? >> dana: it could be they did ask, maybe they were denied. they might be able to explained

and have very good reason for what they did. i'm going to dif government deference on that until we know more. the reason that eric holder had to recuse himself because he was investigated, he was being questioned as part of the investigation to find out -- i don't know exactly why. i assume it was because if there was any knowledge about a leak about a foiled terror plot. i do think, however, they knew it was coming and they were caught flat-footed. they could have been out beforehand or contacted the a.p.. instead, what he was reduced to saying my deputy is going to send a letter today. >> andrea: it seems like every scandal comes back to one thing protecting president obama. allowing him to keep his job. benghazi didn't go with the

story line. monitoring the tea party when they became a threat. now let's see if the media is talking to people in my administration and going to publish stories that may hurt me. it comes back to protecting his job. >> eric: maybe it is. they shield him from everything. he is just a face. they've kind of worked the policy around. mr. president, you don't need to know about this. when i was board of directors of a company downtown, department of justice came to us and we're going wiretap phones and investigation on some people. you can't tell them. if you leak this to them you will be held for obstruction of justice. they would hold me. so we had to keep our mouth shut. they went in and did what they had to do. so for kathleen carol head a.p. she had no idea it was coming? i think they went did it the

wrong way. >> andrea: i wonder if nixon had done this? >> bob: we sat around the table and called it scandalous the f.b.i. didn't report the information from russia. the national security of the united states and ongoing investigation and they wiretapped information that was sensitive and classified. it's legal. there is nothing wrong with it. if the a.p. can't take it -- >> why not the appropriate way. they seized the material. >> they got subpoenas from fisa court. >> dana: i don't know all the details but i would assume the justice department got the fisa court to agree. we don't know enough yet, they are going to have at least in the letter they sent to explain themselves a little bit more. trust us is not going to be

enough. >> andrea: what do you think, greg? >> greg: when you do have a very liberal media and very liberal administration, it's like a mom who keeps feeding junk food to a kid and upset that he is really fat. >> andrea: something that the democrats used to great effect, leaks against the bush administration on national security and terrorism related issues. having created a permissible culture that leaks are good and encouraged now that is coming back to bite them. >> eric: you remember the leaks surrounding the drones program. remember the leaks surrounded killing of osama bin laden. the justice department is treating the leak that supposed was the basis of lies. >> bob: this was a foiled attempt to blow up an american airline, the idea the a.p. would

have leaked this stuff. >> we may have done a story on that when the story broke, we talked about it. >> bob: a.p. ran this sensitive security information. no organization should do it. national jeopardize the national security of the united states. >> eric: "new york times" it was putting on the front page the kill list. >> andrea: or the information about the bin laden kill. >> bob: that is politics. >> now, it's politics. it's outrage when it goes experience g ens you. >> they need to find out before because maybe they did do everything right. i don't know. >> andrea: directly ahead, president obama targets one of the most prominent conservatives hours trying to distance about the irs targeting conservatives. his bizarre obsession with rush

limbaugh is up next. ♪ ♪ smoke on the water ♪ fire from the sky ♪ smoke on the water

♪ ♪ ♪ ♪ ♪ >> eric: we're back to the five. the president has a weird obsession with rush limbaugh. he fired up the jet and raised some cash from hollywood gurus. what was his message to the tinsel town types? the commander of the chief of most powerful man in the world blamed rush limb lim but a. >> he is essentially begging any republican to denounce me. he is fixated on me. he simply cannot get me off of

his mind. i live free in his head. he is using me as his convenient mistake or excuse for not being able to get anything done. >> eric: rush being the great guy he is, he offered to help out. >> i would like to make myself available to the president of the united states to sit down and talk with him at a place of his choosing and discuss the approximate facing the country that may be working together since i and the opposition, since i am the reason and obstacle you can't get things done. >> eric: i would like to be at the table right there. >> bob: i'm sure rush spends all day long thinking about you -- i think you are overstating your influence old boy. >> eric: old hoeld. >> bob: he said at a fund-raiser

it doesn't mean he thinks about it all day long. >> he thinks about the irs all day long. >> greg: he was thinking about how he could only do nine holes this week. >> bob: you keep bringing this up. every president does the same thing. >> eric: he said something to the effect, i don't have the exact quote, rush limbaugh is stopping republicans to agree to work with president obama. do you buy any of this stuff? >> andrea: president obama the preventing himself to be able to work with republicans. it's not rush limbaugh's fault. i think the president believes he has a good enemy in rush limbaugh. it's a great way for him to raise money. i will say this, the left and president obama cronies think of ways to de-fund talk radio. they do this all the time they will take clips of me saying something and leave out the rest of it. they will farm it out and to use it to pressure people not to

advertise on my program. they thought they were going to get a talk radio host during the sand from a plouffe controversy but they got a big fish with rush limbaugh. >> eric: we have benghazi going, irs, we had an a.p. scandal but president obama does his fund-raising. >> dana: one thing you have to give him he knows his audience. his audience loves to get fired up and riled up against somebody. rush limbaugh has been their favorite punching bag for years. it's kind of boring and tired. if president obama really wanted to achieve something in congress there is a way to do that and that is to be persuasive and to have a good argument, lay out the facts and get someone to come on to his side. the fact you can argue on policy on just about everything is not the republicans' fault. it's their fault.

>> bob: it also is true every time a republican wants to do something in a bipartisan way they get threatened. limbaugh and other purists, you do that and we're going to primer you. >> democrats are so diverse. >> greg: rush limbaugh is most significant republican in the country when you think about it. republicans have yet to put forth a strong polar opposite, our version of obama. they haven't done that yet. like i said. anyway, obama goes to celebrities. he is such a star gazer. he is worse than hilton. >> and obsessed with the election when he was fund-raising for the election. >> think it spells big trouble. he needs to rally his base because the conservative base is rallied. he figures i'll go back to plan

"a". >> eric: he was saying let's keep him away from controversy. all right. when we come a guilty verdict in the trial of kermit gosnell re-ignite the abortion debate in this country? that is next.

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♪ ♪ ♪ ♪ ♪ ♪ >> bob: dr. kermit gosnell was convicted for the death of three babies. today he escaped the death penalty. religious leaders from held a news conference to address gosnell and the verdict. here is president of the pro black union. >> he perpetuated black on black crimes which is national problem that has becoming increasingly more pronounced over the years. he ran his bloody clinic in a black neighborhood where he made millions of dollars killing black children.

he got away with it simply because he could. after all, no one really cares about poor black babies, do they gosnell knew he could kill black children and no one would blink an eye. >> bob: good point she raises. percentage of the population, blacks 6 a much higher percentage of borgsz which seems to be an issue that ought to resonate in the black community. maybe this kicks it off. what do you think? >> eric: here is what i think. during that trial the defense said there are tons of doctors that are doing this right now. they said tons of doctors doing this exactly what gosnell doing. he copped a plea deal. he won't get death but spend the rest of his life in prison because he won't appeal the sentence or verdict. i want to hear about the tons of doctors that are doing it.

>> bob: does this one have legs? >> dana: i think jay gardner she is very effective spokespersons for her cause. most credible persons i've seen and also with knowledge. then an ability to connect with the community. but also make us think about it. you can be pro-life. every life is precious. >> you don't think my life is precious? >> dana: i do consider myself pro-life. this trial made me rethink some things and whether or not there should be a willingness to speak more about it. >> bob: you talked about this, it's the percent sampling a percentage. minority children. >> greg: how can this not be considered a hate crime? when you go back to the founding of planned parenthood and

margaret sanger it was part of the deal. this is shows you why the death penalty is so important because he wouldn't have gotten life. it's a great bargaining chip to keep him in jail for forever. >> bob: does it have legs. >> andrea: i do. they continue to argue and argue in favor of abortion this court just said you kill a baby outside the womb it is murder. but what about a baby inside the womb. i think this does give the pro-life movement some fuel for their fight. >> bob: that is an uplifting show. with the spark miles card from capital one, bjorn earns unlimited rewas for his small business take theseags to room 12 please. [ garth ] bjors small busiss earns double miles on every purchase every day. produce delivery. [ bjorn ] just put it on my spark card. [ garth why settle for less? ahh, oh!

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♪ ♪ >> greg: one more thing, dana, do your impression. >> dana: of greg gutfeld.

this is category you could not make this up. >> greg: i love those. >> dana: fox news learned that iran is going to share the u.n. conference on disarmament. that is a month long committee that they have at the united nations. that is treaty on the non-proliferation of nuclear weapons. stockpiling of chemical weapons and comprehensive nuclear test ban treaty. >> they are experts. >> dana: maybe we'll learn something. >> greg: cheer up. >> bob: according to national research center, people in the united states fell 40% to 2010. to be sure to continue their action with guns, national rifle association starts a thing for youth. a youth day event they want to bring the excitement and display of weapons to little children them have their own magazine, insight. we are extremely proud and

excited to bring this to america's youth. present it with guns. >> i thought they were going to teach them to use it properly. >> eric: he is 14 -- all right. listen. president obama you are in trouble when you lose things like this. >> congratulations president obama. generally can survive in an an robe i can buy is sthus j us had an algae bloom on his head. skepticism about your opponents. >> eric: oh, oh. >> that hurt. >> andrea: you know what president obama needed an a distraction. it's such a good thing that he appointed judge judy to the supreme court. >> what do you think of judge

judy to the supreme court. >> i think it's it's it's a publicity stunt. i don't no now she is fit for that type of jobs. she knows tv. >> he is a gangster. [ laughter ] >> you got to give her that. >> i think she would be pretty good. >> greg: i would take over john what's his face. roberts? >> greg: he is dead to me. what i've been thinking all my life, can i have tacos for breakfast. guess what. i can have taco waffle with suing aj and scrambled egg and you just pour syrup all over it and lie on your back in bed and cry. >> it's amazing for the white house for the distraction is going to have taco bell to

unveil it and michelle obama is going to hand them out everybody. >> greg: i think she lying. that is it for the five. see you tomorrow. special report is up nex welcome to "red eye." it is like back to the future if by future you mean my white paneled van under the overpass. let's go to andy levy for our pre game report. what is coming up on to night's show? >> our top story, did the justice department go too far in subpoenaing phone regards -- phone records from the associated press? some say maybe. and the latest in the over blown story about the honest mistakes made by the fine working people at the irs. and would you make a hamburger made from beef muscle tissue made in a lab? what if it cost $350,000? that's what i thought. >> thank you, andy. >> you are welcome,