e-mails. i missed mitt romney. i can't believe you had him on. we're going to reair the entire thing, 8 p.m. on fox business. you don't get it? this is the only time i'm going to do this. want to know what happens when the president doesn't have his teleprompter? this. >> i want to thank everybody who is here. i think there's only one problem, and that is that my remarks are not sitting here. people. people. oh, goodness. folks are sweating back there right now. >> you belt. hello, everybody. i'm kimberly gil guilfoyle. its 5:00 in new york city, and this is the five.

[ music ] another secret nsa program has been uncovered. the latest revelation, the nsa and the fbi are tapped directly into the servers of some of the biggest tech firms in the country. microsoft, yahoo, google, facebook, pal talk, a. o. will, oo youtube, skype. what does this mean for you. e-mails, auto, hav audio, video, some of the things that can be targeted. are you willing to sacrifice privacy for increased anti-terror efforts. it's a question president obama seemed to be conflicted on earlier today. >> when i came into this office, i made two commitments that are more important than any commitment i make. number one, to keep the american people safe, and number two, to uphold the constitution. that includes what i consider to be a constitutional right to

privacy. it's important to recognize that you can't have a hundred percent security and also then have a hundred percentnd zero inconvenience. >> it sounds like a republican or something there for five seconds. >> yeah. so yeah. there is this whole thing about whether or not you have to sacrifice any of your privacy to be more secure in combat terror. look. the patriot act, the left pointed the finger at george bush when the patriot act was passed and said look at the overreach, but the patriot act is different. they pinpoint what they're going tooted. what's going on right now is the patriot act on steroids. they're taking complete, broad swaths of groups of people, if not the whole country, and saying we're just going to go ahead and data mine and see if we find something. i'm more concerned about what they do with the data when they don't find something than what they're actually trying to accomplish. i'm not sure with that much data

what neal find. >> you don't have a problem with them going after the material bauers of your approach on terror. >> the way they're doing it. >> master delete buttons. >> too much. i mean, it's not pinpoint. they don't have -- they didn't get like intel on something, let's go after it, let's find out who kimberly guilfoyle's phoned. we have reason to suspect kimberly's terrorist. they're saying let's take the whole west side of manhattan and see if we can find something and maybe kimberly is in that sphere. >> kind of? >> interesting. >> this whole program is to get your phone number. that's what we have to tap lines around the globe to get a hold of kimberly. >> or get my phone number so they can get andre andrea's. >> what do you make of the program. >> i wouldn't mind surveillance if they were competent ad using surveillance, but they're not. the only reason we caught the boston suspects, not because of the nsa but because some guy decided to have a cigarette and

he saw blood on his boat. the underwear bomber, caught his underwear on fire. it's always the citizens reporting these crimes. they're not coming from this dark prism, this massive drag net of information that they've been collecting, so kimberly, if they're not going to be competent with all of my data, i want my freedom back. >> you want there to be some showing, an offer of proof that this is actually credible, that it's producing results before we just go ahead and sign sign offn it. >> clearly not. >> we have this gift thanks to al gore inventing the internet. the major servers are in our country. they have a thing in the fourth amendment, reasonable search. this is a reasonable search, so if you come up and i get andrea's phone number which is the only way i get it. >> she changed it when she found out you had it. >> i had to get rid of it. i'm going to go and look for al

awaki. all of a sudden it will siphon out, and if i make a capture in pakistan, it comes together. they've got to get rid of the u.s. numbers. i salute the president for keeping it in place. he got in there and looked around and said wow, this program is better than i thought. >> do you have he ha do you this sufficient evidence that it works? >> congressman rogers said we did stop a few terrorist attacks. i'd like him to mention them. >> prove it. show us. >> they debit set it up themself. tickly ththe u.s. attorney goest we got in a press conference? >> you know i'm right. >> this is the most unreasonable standard. look, of course they stop things.

congress are the people who are fed put their own credibility on the line and say they stopped him. the real issue here is not, you know, that somehow there's been this abuse of the patriotic act because we've had the patriot act before. what the guardian newspaper basically reported on is that we've had an extension of an ongoing program under the obama administration and if there's a real point here, it's the hypocracy of president obama, the guy who said they shouldn't be doing this kind of thing now having to as president obama, not a critic and senator saying yes, you know what, to keep us safe, it's my first obligation. >> and they throws out the bush tax cuts. >> the problem from the left with what the president's doing is that the president, the president has to have an honest discussion with the american people as he started today by saying it's a balance between civil liberties and the war on terror. >> the president had a problem with gitmo, he had a problem with water boarding, and the patriot act. he had a problem with them.

now he gets into office and realizes how dangerous the world is, and he goes to kill lists and drones. >> we had a conversation about the drone policy. by the way, what are you complaining about? yeah. i was going to say, what are you complaining about? >> like i've said in the past. if i'm not doing something while you're not looking, i'm hypocritical. >> it's a personal attack. >> it's an overreach. >> i got it. >> let's bring in the dalai lama. >> when i was a senator coming up, i looked at this from the outside. now i'm one of the rare people on the inside. >> i would like to hear him have an honest conversation with the american people, but you know what? all this stuff about he has to say that he's wrong. i mean, what, to please you guys? >> it shows a leader. you were critical of president bush. >> you go look for leaders who

go around saying how wrong they were. >> this is a much broader interpretation of the patriot ability than george bush ever did. >> in a very narrowly tailored specific reason to go for vess a investigative purposes. the reason people were okay with certain parts of the patriot act are now scared. what if the information is used for political purposes like we see at the irs. >> imagine that. the administration using information. what is happening a at the irs, juan? >> i bet you twitter agrees with her. >> because i'm telling you the director of national intelligence is saying look, we don't use this data for anything but tracking terrorists. >> and we promise to be fair and balanced when we go ahead and decide on who gets tax-exempt status. >> i've got a communications news alert for you, folks,

because yesterday we thought they were just snooping on bob beckel and his verizon account, questionable numbers after 10 p.m. no. there's more. it's at&t. it's our phones, too. it's everybody, and it's sprint. i'm just waiting for t mobile. are they in on it? >> can we add one more thing in megyn kelly added this. i don't have confirmation but they may be looking at credit card purchases. >> that's a problem. >> it's a problem for some people. >> credit card, google. >> it's a 100% invasion of our privacy. >> we know they've already given the information, the private data to the british, so it begs the question, too. this was broken by a british newspaper. we'll get into the media ankle in the next block. why didn't the use media break this. why does everything come out in leaks? >> the tro problem is trust is . if you told me six months ago, and i pride myself on my naivete.

if you told me six months ago the irs would have a political motive for the way they did things, i would that's paranoia. >> are you kidding me? you should talk to planned parenthood. you should talk to the naacp. all these folks know in the bush era they were saying hey, we're being unfairly targeted by the irs. that's not the point. i think your point is right on. it's trust. look. i wasn't surprised, and i tend to be a very trusting soul, but i wasn't surprised, brian. you know why? i think one of the the patriot act was passed and there are only two senators who had any opposition to it, they all said you know he what? we've got to do this to protect ourselves and thank god we haven't had more attacks since 9/11 to this moment. we have been pretty safe. >> you're saying that bush and cheney did this. >> i don't care who it is? >> we're safe in tel?

tell that to boston. >> you're sitting on the couch in the morning. >> if president obama agrees with president bush and he actually wants to win over independence that are sitting on the side, he should say listen. i understand what president bush is going through. i understand the threat better than ever before. that's why that's part of the conversation with people. then people could say okay, it's no problem. if you're angering the left, i don't think there's any -- >> president obama does not care. he doesn't care. this is a way bigger picture than what president obama wants to do. >> what's behind it for obama? >> what's behind it? before he even stepped foot onto 1600 pennsylvania avenue, we're going to fundamentally transform america. guess what he's doing? he's taking every single liberty we have and saying you know what, that doesn't count any more. from the irs targeting conservative groups to the doj looking at reporters all the way down to the nsa looking at every single american citizen. >> that's an argument for smaller government instead of bigger government. >> it turns out we're a hundred

percent right on all this stuff. >> you're not even close on irs to linking it to anybody in the white house. okay. number two, with regard to doj, what are you talking about? >> what am i talking about? we didn't look at journalist records. >> he swore under oath. >> he did not consider prosecuting someone. >> juan, this issue, and you know better than anyone, is uniting liberals and libertarians. >> absolutely. the libertarians are up in arms. >> it's not spying on james rosen. >> it's hig hypocracy. >> andrea? >> juan, the predecesso presideg absolutely hip correct cal, the way he goes after news organization, and american citizens. the way that he does it. the darkness. the secrecy. there's no transparency at all and he doesn't explain it. we have to find out from a

foreign newspaper. >> these anti-bush people have to be shut up. >> i know what you're saying, but here's the problem. he ended the war on terror last week, and it turns out it is now to the tenth power. that's what actually is happening. >> i think it's been going on. after 9/11 we're a changed country. >> why would he say no more war on terror. why would he say we're not at war with radical islam rand need all these records. >> he has a magic wand. >> look at you. you're taking it all in, kind of sitting back there enjoying it. >> i'm trying to manage this block and these shen naanigans. the government has no right. they've taken this patriot act which i think was the single most dangerous act and they've taken it and abused and you talk about facism?

you're getting close to it. >> you can have the "new york times" and al gore on the growing list of lefties who don't like what the president is doing. more on the political implications of this infighting when we come back. stay with us. [ music ] e verizon share everything plan for small business

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>> yes, somebody is watching you, and that's why the white house has lost the confidence of many americans after three major recent scandals. now add another one to the list, the secret collection of

millions of phone records and the "new york times", believe it or not, is even jumping ship. its editorial board wrote the administration has now lost all credibility, and then there's my pal bo bob beckel. >> i think it is one of the most outrageous examples of stepping on the constitution that i've heard. thathey have no right to phone records. they get both sides, they monitor how long the phone conversation takes place. people that are not on record for anything. this is the government getting into our business, and it ought to be out. it is illegal. it is unconstitutional and it is deplorable. i didn't like it when they did it in the bush administration. i don't like it now. i know they're looking for methods and intricate things on computers. screw that. the fact of the matter is they're not listening in, they're taking my phone records. get your hands off my phone records. sometimes i've got some 800 numbers i don't want you to know about. >> sometimes? those aren't 800. >> the fact of the matter is that the government has no

right. they've taken this patriot act which i think was the single most dangerous act passed and they've taken it and abused and now you talk about fascism, you're getting [bleep] close to it. >> when you lose bob beckel and juan based on your comments in the first block as well, you're not happy about this. you see high puc hypocracy ceas. dangerous is it to have the base enraged including outlets like the "new york times". >> it's dangerous. some of what we've seen from these phony scandals that you guys celebrate. >> what? >> we see 13% of independence, and this was in the nbc "wall street journal" poll have slid away from the president. his overall approval rating is pretty stable. he's at 49%. that's pretty good. when it comes to issues like do you think this man is trust worthy which used to be his personal strength, it's declined. command of a crisis situation, it's declined. a lot of that has come from

independents. we know republicans don't like him. this one where you see the left literally up in arms and all of the kind of ire that was directed alt the patriot act and bush, it's now aimed at president obama. you talk about a second term curse. second term agenda in congress in danger, all of it in play right now. >> kimberly, you spent some time in the past in democratic political circles. you know how this gets at them. do you think that he risks, i mean, really losing his base in a mid term election or something like that? i mean, they seem just as enraged now as they were before with george w. bush. >> you're right. i think he's put a lot of people in his party that are coming up for reelection in jeopardy. those seats are in play because of the whole variety of things that have happened, whether it's benghazi or the irs or the ap or this swaiptio situation here. spying on americans. that's what his administration is known for in the second term, but guess what? he won reelection. he won already.

this is again like eric mentioned, part of his overall agenda, transform america, and he's going to use government as a sword for whatever purpose that he sees fit to implement his agenda. >> eric, are you a little dismayed that you had to read about it in the guardian which is a u.k. paper, not in the "new york times" or the "washington post" who broke open the pentagon papers and watergate? why were they not reporting on this. >> i'm not sure. president obama said all your congress people knew about this sings 2006. i'm not sure if they did, and if they did, why didn't we know about it? >> he threwthem under the bus. >> he may be holding 49%. wait until next year when we have the mid term elections and a big portion of the senate is up for reelection. the whole house is up for reelection. guess what's going to be on the news? this will be plastered on all tvs across the country. all the democrat scandals that are going on. >> those are real scandals. >> we don't celebrate them, wan. we thwart them.

>> we report them. >> i'm interested in what you said about the politics of it. >> right now what the polls show is none of those except for the irs has had any traction. benghazi, nothing. >> here's the other part of it. >> quickly. republicans like you actually like this. >> like what? >> like what? >> the idea that he's protecting america. >> number one, we thought everyone would be t too scared o leak and too scared to report it. wrong. this guy at the guardian is an anti-american guy. that bothers me that he got the story. the next day the "washington post" got the follow up. here's what i really love. i thought the president would say i heard about this for the first time on the news, and i was relieved that the president said i knew about this ahead of time because we had a bit of a trend that was concerning me. he was watching so much news rather than being a part of the

news. that was a bit disconcerting. here's what i do like. i like the fact that we're all talking about it now but the only reason we're talking about it now is because it leaked out. if the president wanted to have a conversation, he would have said i've got news for you. i've got this prism program, and i want to tell you about what's in it. i think it's time for us to decide if we want to continue with it as opposed to oops, i have a crisis, let's do it now. >> i say america, listen to the wisdom of brian kilmeade. we should have an honest conversation. >> the problem is, juan, these other scandals were caused by incompetence and we're supposed to trust him. coming up, a soldier is facing punishment from the military for reading books by sean hannity and mark levine and others. is this really happening in the mill. we'll have it when we come back. [ music ] dad. how did you get here?

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nathan summers is causing problems, marching out of sync, no. was he singing off key? not that, either. sergeant summers was reprimanded and told to stop reading readinn hannity and rush limbaugh books on the bus while going to

concerts. his severer office superior offo stand down on those books. now the military going all pc is both disheartening and dangerous. kimberly, i called mr. summers' lawyer, navy commander, who said pc is taking over the military. >> who we met before at the run national convention, the attorney representing him. this is very disconcerting to me. you're going to program the military and give them a suggested and approved reading list and they can't read or listen or watch certain americans that are expressing their beliefs? this is outrageous. these soldiers and troops are fighting for our freedom every day, and president obama is stripping them of their freedoms, telling them that they can't read this or they can't look at these materials. this is his administration. >> hang in their, juan. hold on. i spoke to commander wells. i said why is pc taking over the military, and he said the way

things have been going, especially since president obama put his people in power in the military. >> absolutely. all you have to do is look at fort hood to see that. it was political correctness that prevented army psychologists from reporting major nidal hasan and we have 13 cedead americans. he's getting paid $300,000 and it's deemed workplace violence and the victims get nothing. i don't think the military is a place for expression of any kind kind. he is facing the last form of discrimination which is you're a christian or you're a conservative and he's being discriminated against. >> he's sitting on the bus or back stage before a concert minding his own business. he's not reading out loud. he's minding his own business and they tell him he can't do that. >> that's absolutely outrageous he especially since my poll of people i talked to. people seem to be somewhat from the conservative side, and for one thing, i think it's the

military who has learned to take control and stand up to do what's right even though it's an officer that told them that has to come forward and say hey, this is wrong. i should be ail to read what i want and i'll go to your superior and make sure i can do it. >> juan, the irony here is they're telling him not to listen to shaw sean hannity or n to mark levin. they talk about fighting tie ran tyranny. >> if i'm interested in unit co he's and you're reading something that is highly politically inflammatory. >> from a guy whose show you're on? >> really? >> it's highly inflammatory? >> i'm telling you so that you have a different point of view here. let me just say nobody is saying you can't read that material. in fact, he said stop reading those books. >> at that time. >> how in the world does someone

have the right to tell me what to read and when to read it. >> in the middle of a unit. >> guess what, eric? they fight for his right to read the koran or i need to have a certain number of prayers. >> if they told them to put a koran away? >> forget about it. >> okay. >> check, please. >> he did send some tweets out which i have to say i don't think he should be tweeting some of the things that he was tweeting. i think the military should be nonpartisan, so i actually agree with you there, juan, but i think in an effort sometimes to be tolerant which is important, we end up being intolerant to others. so they said one of his fellow military members was gay and felt like he was being discriminated against, and this guy is going no, i'm not. now they're discriminating ironically against this man. >> we have to go. >> can't you read about it? we fight for freedom. >> what are we doing here? >> next up, a 2-year-old

basketball sensation takes on shaquille o'neal. it's the clash of the titus and the titans. you're going to love this video, and we'll have a little free throwing -- a little free throw competition. >> did somebody practice? >> wait until you see the set up. >> that's coming up. you won't believe it. >> he's working the refs already. >> unbelievable. ♪ with our "name your price" tool, people pick a price

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>> you go, girl. rock it, rock it. kimberly, show kimberly. >> there we go. >> this is my nba, baby. >> is that it? >> i was like a rock. i was not moving. i sat there like this. >> to be honest, i didn't know

they expected you to read. i thought we were just shooting. go ahead. >> sorry about that. >> ladies and gentlemen, titus the trick shot toddler is back, and now he's teaching the pros a thing or two. yep, he's the 2-year-old from derby, kansas and he was on "fox & friends" a few months ago show casing his incredible basketball skills. jimmy kimmel had him on to face off against shaquille o'neal. rolroll the tape. >> there you go. here we go. are we ready? >> 30 seconds. go, titus. >> wow. >> begin.

>> so shaq got shut out. the mighty titus took down the titan who is over 7 feet tall. i had a shot at shaq and did extremely well. >> all right. so i lost, all right. so the question is -- >> you're crazy. >> as you look at basketball and pure competition, what is better than pure competition against the five. let's cue the music. there's the net. let's try to do what titus wasn't able to do and that's have a perfect score. kimberly, here you go. >> what do you mean?

>> titus was good, but he wasn't perfect. are you ready, go? >> 20 seconds on the clock. >> oh! >> i'm bad. >> go, kimberly, go! >> eight seconds. >> here you go. you've still got five seconds. >> go, girl. rack 'em up. oh, my gosh. >> here you go. >> it's in. >> oh, my gosh. >> no, no. here you go. >> come on. >> are you guys counting? >> i'm telling you. >> how much time do we have left? >> this is t so well thought ou. >> in and out. >> all right. come on, kid. >> come on, come on. >> that's it. you've still got ten seconds. how many. >> i'm giving her 11. >> i kicked one in. >> all right. so we'll start again. 20 seconds. juan williams comings out here, 6-2, 191 pounds. >> there we go. >> let's go. you can beat 12. >> come on, juan.

>> oh, jeez. >> you haven't gotten one yet. >> you hit brian in the back. >> i don't get this. >> tweaf 12 seconds. >> are we counting? >> juan is like shaq. he's got like nine. >> he threw one in for you. >> how many have we got? >> i've got three or four. >> there you go. >> that is the time. eric bolling. >> i would say kimberly is winning so far. >> kimberly has 12. >> you've got? >> six. >> let's go. 20 seconds. one. >> i don't think this is fair. he's got a straight shot. >> you don't think it's fair? >> i don't care. >> he practiced. he's the thing. >> not in my house. >> hey. >> five seconds. >> you're distracting him. >> you can't count that. >> how many did we get?

[ laughter ] >> how many did eric get? how many did eric get? >> i don't know. five. >> eric got five. >> oh, yeah! >> all right. 20 on the clock. go. >> go. girls rule. one, two, three. >> i need more balls. >> five, six. >> no. oh, my gosh. >> there you go. eight. nine. all right. >> she's on a roll. >> wonder it's only an hour. this show is exhausting. >> all right. what have we got? so far this is kimberly's game. >> all right. no. no. i think andrea outshot here. here we go. 20 on the clock. brian, get a little closer. >> i think you should dunk it. >> he's going to make them all. he's good. >> i don't know. >> oh my gosh. >> where is he. you don't need to grovel.

>> aren't you better at soccer? >> he is. he's really good at soccer. >> are we keeping the number? >> i don't know. >> it's like 12 people in the control room. somebody's counting. >> it's like zero. >> do we have a winner? >> yes. i think kimberly and andrea tied. >> i think the girls are the winners. >> do we have a winner, control room? what? >> kimberly and andrea have tied. according to eric, according to porter, you got beat by a girl. >> oh! >> oh! >> he practiced ahead of time. when we come back, the story of a man with 22 kids and 14 moms and thinks it's funny. back in a moment. >> $5. >> $5. >> the ladies love me. they don't like me. they love me. >> juan's got the story of the most fertile and expensive dead

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>> okay, guys. i've been talking about the consequences of the breakdown of the family in the african-american community for a long time. it is painful to me. it is heart breaking. let me tell you about orlando shaw. 33 years old, and he has, drum roll, 22 children with 14 different women. they may the most expensive dead beat dad in tennessee history. the state spends and estimated $7,000 a month to support his children. now he's being sued and one reporter caught up with him outside the courthouse. >> i wanted 50 kids. >> you're almost halfway there. >> i don't want no more kids. i want to be fixed. i love my kids. i could care less what anybody thinks about it. >> are you able to pay child

support? >> they know i can't pay no child support. >> how can you father that many children at one. >> it's called cell phones. you got to have it. you've got to have worked out. >> what about contraception? >> i was young, ambitious. i was just young and ambitious i loved women. the ladies love me. the ladies love me they don't like me. >> you like the idea of having that many children out there that you fathered? >> my family will stay strong. i make sure we'll be here for years and years to come. >> wrong. in fact he doesn't have the money to pay child support. no money, no way to support those children and he can't be a

father to that many children with that many mothers. what he said is so wrong. he's a charming guy but he's the devil in car nate. you are a lawyer, you see this. to me he has a criminal record. but it seem to me that what he has done is a crime for those children. it is it is shameful. he thinks it is funny great. but he lacks any care of concern to children. this is not a game. and what he expects then is for the government and the state to abide by and support sustain his lifestyle. >> he's out there playing the fool and it is like he's the bad boy and girls love the bad boy. i don't see it. it is not funny.

when he says he loves women. he clearly doesn't. how many daughters does he have? >> he says he loves women. they are affected by the relationship they have with their father. it is causing future bad behavior with his daughters. but as long as the government makes it easy, snip him then. seriously. >> here is the problem. number one, those kids are going to be mocked in school. where is that self essteam. they are solely responsible. >> very quickly. that is part of the entitlement mentality though. if i keep having them somebody will take care of them. >> he thinks it is funny. >> the america has to wake up and understand this is the big news. >> what do you do? >> we have to start talking and say it is not good.

you have to love your children especially father's day coming the dads. i have to say especially the black and latino dads. >> he may be a father but he sure isn't a dad. you got it kid. one more thing coming up next. mom always got good nutrition to taste great. she was a picky eater. we now i'm her dietitian... ...anlast year, she wasn'tating so well.

so i recommended boost complete nutritional drink to help her get the nutrition she was missing. and now she drinks it every day. well, it tastes great! [ male announcer ] boost drink has 26 essential vitamins and minerals, including calcium and vitamin d to support strong bones, and 10 grams of protein to help maintain muscle. and now boost comes in two delicious, new bars. look for them next to boost drinks. [ dietitian ] now, nothing keeps mom from doing what she loves... ...being my mom.

time now for one more thing. oh well. okay. so, let's roll some video to district everyone from that crazy last segment. this was on jimmy fallon with brian williams. ♪ one, two, three, four snoop

doggy dog and dr. dre at the door ♪ ♪ death row is the label that hates me so chill to the next episode ♪ >> i love it. okay. >> eddy money came and performed on the conp cert series i didn't know if he had a sell joldier s. listen. >> i just have a song called one more soldier coming home. ♪ you have been gone for way too long and you went off to war what you went there for you fought to it keep our country stro strong. >> ain't that the truth. >> eddy money.

all right. so where is my buddy bob bekkel? >> look at this. >> so sorry, this is the end of an era. sorry coach. we've already lost this segment. made it impossible for the company to make a profit. >> so that is bob on guess what today? national donut day. june 7th, established 1938 to help folks during the great depression. >> as an authority on all things andrea. tropical storm andrea made laundfall yesterday. everyone he'd waed warnings.

>> we have aties. that is it for us five. thank you for watching us. >> president obama answers questions about big brother on the internet while he prepares to tell chinese leaders to stay out of computers in america. this is "special report". good evening i'm chris wallace. timing is everything in politics but it is not on president obama side tonight. as he prepares with a one-on-one he is defending his own administration's.