the yeas are 68. the nays are 32. the bill, as amepded, is passed. >> with that the senate passed the immigration bill potentially changing the very definition of the american dream and the ethnic landscape forever. [ speaking spanish ] i'm sorry. just practicing. big show on tap including the irs scandal, plus the president getting on the irs scandal and two big stories we are following in the zimmerman case. the star witness has been getting grilled by the defense. and this, a kid who had it all. at just 23 years old had the

world by the cajones and allegedly murdered a guy over a conversation. makes us ask, how could that happen? first the vote. you're huffing and humming. the sounds coming out of you, i just -- >> i heard you open a lot of shows, but that one took me -- got my attention. first of all, your spanish, i take issue with it. it's probably fair to say when there is a massive immigration of ethnic groups in this country going back 150 years, they are always going to say the landscape will change. they did it with the irish. irish need not apply. they did it with italians. we are jumping to conclusions by suggesting that 11 million undocumented workers will change the landscape of america. >> the point is i didn't assess

whether it was good or bad. it will change the landscape. give people a path to citizenship. >> they always do. dana, 14 republicans voted with the democrats in the past. >> 68 votes is nothing to sneeze at. you can't get 68 people in washington to agree on anything. after all those months the debate has been intense. to get 68 votes now they have a long way to go. speaker boehner says this is not the bill that will pass the house. it's a little bit of posturing on his part. i think if you are a supporter of immigration reform, today was a significant one. hopefully they will be able to cool their jets for a few days. >> i like about 10% of the bill. the rest i don't like. i'm for immigration reform. i just don't like certain provisions in this bill. thank god for the u.s. house and john boehner. he says i'm not going to violate

the rule so he's not bringing it without a majority of support. hopefully they can iron out problems. a congressman said the bill is dead in the water. they moved too fast on this. there is too much in there i don't like. i don't trust this administration to enforce the border accurately. >> the senate minority leader mitch mcconnell voted against the bill and put out a statement that he did it with a heavy heart but he thought it was the right thing to do. >> icon tend the fix is in. the house will say here is your bill and they will go to conference and figure out something. >> that's the strategy i have been hearing on the street. is it too much to ask for a

border? others have them. why can't we have a border? the one thing that drives me nuts is comprehensive. we need comprehensive bills for health, for immigration. when you go on a diet and want to lose 20 pounds you don't cut off your leg. cut out carbs and exercise. very targeted bills would have been more effective in solving problems dealing with enforcement first. we don't have it. it would have been a good start. we are so in love with the big picture we don't care if the little things are forgotten. >> that was a big political strategy by the democrats. it's the reason they should have put forth a bill. make the borders strong. they wanted that carrot. comprehensive means to get

bodies in the door they are using the border security portion. >> i have to ask you, marco rubio is one of the biggest advocates of getting the legislation prior to the border being secured. so you will push back on his plan. >> yes. he voted yes today. yes. >> i like the rand pauls and ted cr cruzs. >> we talked about criminals. we share a lot of agreements. >> it will be taken out in conference. they did have in the comprehensive -- the reason they said is it's been 30 years since we have had an immigration bill. >> that was a great one. >> the point is there is an effort to do it. harry reid blew it when he had a chance to do it before. this time they got something through. there will be a 20,000 push -- a new border agent. 2,000 miles of fences.

if you are ever going to say this is a comprehensive bill -- >> i heard 350 miles. i heard 350 are fenced now and another 350 at 700 oh -- around a thousand miles. >> bought into one of your ideas. >> they did. >> you might agree with nancy pelosi on something. she said the day it is within the realm of possibility. i don't think they don't want to. president obama wouldn't want to do that. from countries all over the world it's not just that people are coming across the border. over staying the visa is 40% of people that do it. that wouldn't get fixed in the bill. there are really good things in it that after a weekend, cooler heads might prevail. >> do you know what's not in it?

>> deportation. >> president obama says, his numbers bear out, he's deporting more people than ever before. >> it's happening. >> like the tsarnaev brothers. >> this is an important point. a lot of people get to the country. a lot of people overstay their visas. >> 80%. >> there are fixes that will help other areas. >> granted. lotses more to get to. can we move on? let's listen to representative tammy duckworth and someone who is benefitting from irs contracts. take a listen. >> does your foot hurt? >> yes, ma'am. >> your left foot? my feet hurt, too. in fact the balls of my feet burn continuously and i feel there is a hammer on my right heel now. do you feel the 30% rating you have is accurate in your case?

>> i do. >> my right arm was essentially blown off and reattached. my disability rating for that arm is 20%. you who never picked up a weapon in defense of this great nation very sincally took advantage of the system. twisting your ankle? prep school is not defending or serving this nation. >> mr. castillo's benefitted from some $500 million in irs contracts. his company won awards for $500 million in irs work. he used his 27-year-old sprained ankle as the basis for a disability. >> right. >> it shows you how when the government is so huge how you can scam it. you can game the system. usa is now the united scamming of america. this guy is disgusting. god bless tammy duckworth. that man walked out castrated. that's his true disability now, the way she treated him. can you imagine her dealing with putin over anything?

oh he would run scared. she's a character. it goes back to the irs. i was thinking of an idea called the national tax return. the irs has to return a sizable lump sum to americans called the national tax return as punishment for all of this ridiculous corruption. >> tammy duckworth is rated at a 20% disability as a double amputee. this guy with a sprained ankle 27 years ago somehow got a 30%, a higher disability rating. what's going on? >> they are telling us danny werfel, the new head of the irs says it is a different irs under him. we have strong guidelines. does anyone believe this? why do we have an irs? why haven't republicans used the call for tax reform? i guess they are busy doing other stuff. now is the time. don't let a crisis go to waste. good for tammy duckworth. that was awesome. >> i admire her and think if

anyone would have the credibility to deliver that message it was her. >> bob, is the system so broke a guy with a sprained ankle can get hundreds of oh millions in work? >> you could go across every agency and department of the united states government to find people who are scamming. >> should he go to jail for scamming? >> i think there is now a piece about taxpayer bill of rights that will be enshrined in legislation to give taxpayers the right to take the government to court. before the irs could do whatever they wanted to. i think there could be good out of this. >> did you pay that back? >> suggesting we sue the irs. >> that will turn out well. >> no, no. i think at least under the bill of rights as i understand it they will take it out of the the

tax courts and put it in the federal courts. >> why can't we get some of that money back? $500 million? >> it legitimately goeses to businesses run by people with disabilities which makes sense. but this guy has a sprained ankle. president obama weighs in on ed snowden. >> i have not called president xi personally or president putin personally. the reason is because, number one, i shouldn't have to. i'm not going to be scrambling jets to get a 29-year-old hacker. >> hack away, folks. there's no consequences. he was like, yeah, i can't be bothered. i think it's partly because he wouldn't want to call them and be personally rebuffed. >> like all the tough choices he hases to deal with, they are always below his pay grade and he shouldn't have to talk toru

shah because he's got brad pitt on the line. in my opinion he's the super bowl ring around putin's finger. he's that small. putin is playing with him. >> great metaphor. if i recall this correctly president obama had to come from hawaii to d.c. and the first lady took another jet. i believe they scrambled a jet for beau, the dog to come back. >> they scramble jets for the first family but not for snowden or when there are people on the ground in benghazi. if they are not going to scramble jets on september 11 or for ed snowden. when i heard the president say that i would like to assume on one level maybe snowden isn't that valuable. we know that's likely not the case. when she said i shouldn't have to call putin, he's right. he supposedly hit the reset button. putin should be able to say, here you go.

we have good relations now. >> should he scramble jets and invade china and russia? what are we talking about? >> he demeaned the process saying i'm not going to scramble jets for a 29-year-old hacker. i guess it's not that important to you. >> it's taken to a level of hysteria. i have asked people, do you want us to invade or what? >> why didn't he say, we are working on it? i'm on top of it. when we have more information we'll provide it for you. he tried to downplay. they said it was one of the worst hacking situations or reveal -- secret information. i understand why president obama is trying to downplay it, but there is a better way he could have said it today. why are we trying to help you solve this situation? actually, we are trying to help him. he doesn't give us much to work with. >> he asked china to help out. he said no way, jose.

he asked russia to help and, well, maybe it's not that important. >> if we had somebody from china here we would have done the same thing. >> we sent the hottest spy in history anna chapman who should be still be here and a fox news contributor, she's that good looking. we sent her toru shah. why did we do that? we want her back. >> big developments on two crime stories. cases we are following around the country. the trial of george zimmerman for the murder of trayvon martin and the arrest of nfl player aaron hernandez for the murder of his friend or not friend. we have a busy hour. don't go away. ♪

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there is already plenty of courtroom drama in the case of george zimmerman. the prosecution witness was grilled again today. rachel was on the phone with trayvon martin minutes before he was killed. the defense is trying to convince the jury that she's been changing her story and doesn't know what she's talking about. >> i will say it again. the last thing you heard was some kind of noise like something hitting somebody. >> trayvon got hit. >> you don't know that, do you? >> no. >> you don't know trayvon got hit -- >> he -- >> you don't know trayvon didn't

take his fist and drive it into george zimmerman's face. do you? >> no, sir. >> the biggest question now, is it murder or was it self-defense? he eric, i know you have been following it for a long time. there are not a lot of witnesses. it's george zimmerman's against trayvon martin who was killed. what did you think? >> when the prosecution had her she was forthcoming. by the way, i'm glued to this trial. i can't turn it off. it's compelling. you can almost not write the script better to have a witness like this. you want to hear every word she's saying. you find personal discrepancies, start calling her out in your mind. the question is -- i'm very intrigued by this. she's not very credible. they will have a had time with

her. she's on the other side of a cell phone. >> that's another great point. she could torpedo the case if she contradicts statements. seems like they may have coached her. this is the best they've got. >> the best they've got is the 911 call saying to him to back off. why they didn't open with it, i have no idea. >> you make a very good point. maybe they are saving that compelling evidence. >> he called in. they said stay away, back off. he did not. seems to me that's more compelling than whatever this is. >> we are looking live at the trial under way now in florida. what did you think of her testimony? do you think she helped or hurt? >> i really don't know. you know, i have been consistently against cameras in the courtroom. in this case, again, it would be better for the jurors to be allowed to decide this. i don't like how people on the

right or left are looking at the case and trying to make political points about it. there is an unarmed teenager who died. whether it was in self-defense or not is what the jury has to decide. she's the only witness. can any of us remember what happened in february of 2012? where were you? what were you doing on that night? i think there is probably a debate. i don't know what we were doing. >> we can't talk about that. i was trying to think back to that moment. obviously it was a traumatic moment for her. that's a long time to be the only witness on the other end of a cell phone call. she's under pressure. she probably didn't do a great job but it's up to them to decide. >> i know you haven't taken your eyes off the courtroom. >> the bigger impact than the witness will be everything that happens outside this courtroom.

>> what happens before the case is it involves a specific type of victim you need to redress all crimes that occurred before as a symbolic gesture. if you look at the rodney king riots it haunts us. if zimmerman is found n people will say will there be riots. this a way there is a civil distortion variability there. people have to think about not whether or notes there is guilt or innocence but what can happen after the court. that's the most disturbing cases. it's racially charged. >> there is a question about neighborhood watches which used to be benign things. now you are putting neighborhood watch people in the position of being police with weapons. they are not trained for that. whatever else you say he was not a trained police officer. >> we'll get to the zimmerman case more. you won't believe the explosive testimony that happened earlier today. that's coming up later on "the five."

there is another important case today. new england patriots tight end aaron hernandez was denied bail today after the new england patriots dropped him yesterday. eric, how do you have a $40 million contract and blow it on something so -- not that murder is stupid -- but a stupid decision to kill your supposed friend odin lloyd and throw it all away? >> the point -- i pitched the story this morning. we have to talk about it. not because the audience needs to know the details of the story. read the details. they are incredible. gangland-style murder by a 23-year-old with a couple of friends, takes a guy in a field and shoots him point blank. the interesting thing for me about the case is how a kid, 23 years old, nfl star, has everything every kid on the planet wants to be -- a star, a football hero. every parent wants their kid to be a superstar like this. has it in the palm of his hands and lets it slip away. what makes him do that?

baffling. >> these guys are coddled from the time they are good athletes in college. they are given special classeses that are much below the normal classes. they are given graduate assistants to help with homework. they are given exceptions to rules. they don't think they have rules. they give them $40 million and they think they are above everything. something like this is not surprising to me. i'm surprised more of it hasn't happened. >> is he too sexy to be in jail? some people think so. >> if you want proof that our culture is a mess and you should buy a bunker and move there, somewhere way under ground there were tweets last night collected from people once he was arrested from people claiming aaron hernandez can have my babies. he's hella sexy. he may be a murderer, but he's sexy. and aaron hernandez is too sexy to be charged with anything. far too sexy to be sitting in a jail cell. >> imagine that as a defense. >> too sexy. >> i'm too sexy for prison.

like that song. >> i have heard them all. >> 27 nfl players have been charged with a crime since the last season. that's a big number. do you think this culture of being coddled all their life because they are good athletes hases to do with the systemic problem in sports? >> i know a lot about sports. >> you're the resident expert. >> i don't know. i think it was very good he didn't get bail. because for some of these guys there are no consequences for their alasctions. they can buy their way out of trouble. murder is something on a whole different scale. the patriots and other teams, in some ways they have to do some soul searching and decide, do they need to do management of these guys or is the money just so much that all the guys are getting in trouble and they need to rethink how much they are paying them?

i guess the market gets to te side that. >> i don't think any of them went to prison. >> really? >> yeah. the guy with the giants. >> did this guy shoot somebody in the face? >> yeah, in the eye. >> that's very -- >> we'll see tebow playing in his place perhaps. >> hmm. >> in case you missed it greg made a big announcement. >> anthony weiner convinces me that all of us could run for mayor. i have a past as colorful as a twister mat. he's lowering the bar so just about anybody -- even a fool like me -- could run. >> give me $10 million and i could elect you in the race. >> i'll do it. >> that's right. he thinks he has a shot at replacing michael bloomberg. he just put together his platform. you will hear about it next.

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so yesterday i announced my candidacy for mayor of new york. my platform is short. no limits on soda, salt or sugar and mandatory prison for competitive cyclists in central park and club d.j.s who don't have real jobs. i will ban parades, prison and b.o. i have key endorsements. my mom, eric bowling who offered me his beach house for campaign headquarters and back rubs for me and my staff. thanks, eric. that's a little bit much. it seems anyone is better than anthony weiner and not just because of the pictures but because he thinks he can run after the pictures. he really only confessed because he was caught. it's about principle. the last person i want running new york city is me. sadly, i am normal. almost normal.

normal people know to stay out of government. it wasn't always like this. people who ran for office kept their jobs. politics was done on the side -- like co-workers. politics has become the brass ring. candidates are vacant vessels engineering careers to secure life long status. clinton, obama, clinton again. to them the private sector is alien. so we are left with a weiner who thinks work is for suckers and moral authority comes from votes. that's what this ises about. power without achievement. commanding respect when you know it's undeserved. maybe it's easier to be elected to serve than to earn the privilege. >> did you see my -- >> i like that. >> let me see it. >> by ewe'll go with that. >> you would roast him in a race. >> very good.

>> there are so many on twitter. >> there are. >> i can't repeat it. >> i have no political experience. should it matter? you have run campaigns. >> it doesn't matter. look at the cast of characters in washington, d.c. now. or maybe in the white house. greg, i think you would be awesome. you have my vote. absolutely. i don't understand though why women in new york city like anthony weiner. it's baffling that the weiner is rising in the polls. there's another one. i don't understand it. i don't get it. now there are women for weiner. i'm not making this up. there is an organization led by his wife who says women should get around the -- gosh. >> look at. i had a canada data for governor said, the only way i will get beat is with a dead woman or a live boy. he was right.

his rise in the polls is remarkable. given that there are so many other people who have been running for a while. quinn must not be well liked in new york. >> i'll tell you about ads in politics and turnout in new york is low. it doesn't make much. i'm telling you. we could elect him. >> we could elect greg if we all got together and worked hard. we could make signs. >> eric has a start on the arts and crafts part. >> funny. >> it would be a cult thing to do. you would get huge votes from greenwich village. >> why the village, bob? >> that's where the stranger people might vote. >> what is your policy on off leash dog parks? >> i encourage off leash dog parks because it gets people together and away from the rest of us.

>> what's the democrat/republican split in new york? >> it's 80/20 or something. >> that would be a coup. >> i would run as an independent. >> it's huge. >> bloomberg did it. there is room for you there. we could run you as anything. >> people are saying tina brown came out and she said the best thing to happen is a sex scandal. you need a gutfeld sex scandal. >> has anyone wondered why the male politicians and their wives stand next to them on the podium. >> yes. why do women vote for men like bill clinton and anthony weiner. >> he had an incident in 1997. >> we weren't going to bring it up. the court records are sealed. ironic i used the words sealed. coming up a 12-year-old girl is kicked off her football team. what could be the reason? that's a tease, people. get used to it. ss what day it i?

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♪ all right. we are planning gutfeld's campaign. we have a good idea. >> debating weiner. >> right. actually debating weiner -- the person. >> yes. >> as opposed to what? >> the concept. the thing that happened. some young girls are playing on sports teams that were once for boys. 12-year-old maddie baxter was one until she was kicked off the team from her school. she was a first string defensive tackle in georgia. she was taken off the roster for several reasons. one was that the boys might have impure thoughts about her. here's maddie's reaction to the decision. >> can't really go to sleep at night. i have been thinking about what else am i going to do? how is this going to continue?

it's really just -- it really does hurt. it's not just for me. it's for any female through any sport that wants to be able to play. >> her mom is disappointed, too. >> you can kill a child's spirit just because you have the opportunity to do so. you know, maddy was able to play the first year. she did an outstanding job. she gave it every ounce of energy and passion she had. >> one thing that probably hasn't happened to maddy is having lipstick on her teeth. i heard about it already before you tweet. bob? >> yes. >> do you like the idea of young girls being able to play any sport they want to play? >> this is open to so many jokes. i will play it straight. i think the idea is ridiculous because at this level she may not get hurt. if she moves up and would do it in a big high school, for example, the reality is men and women are built differently.

when i played, you don't look at who you are tackling. you look at the color of jersey. this girl will get hurt. there are sports for girls and sports for boys and it ought to be kept that way. >> eric? >> i will get in trouble again. when we do a story like that. this is more about the wussification of american men. you can't tell who is a boy and who is a girl anymore. the girls want to be tougher. the boys want to be sweeter, softer. i just long for the days where it's okay to tell a woman she looks beautiful in the dress. i'm not sure if i can anymore. i might be harassing her or opening a door, it might be demeaning. i like that part of life. >> greg, you went to catholic school, right? >> 12 years. >> what about the point that the school made that the boys might have impure thoughts about her and it wouldn't be good for her to play? >> yeah. boys have impure thoughts.

not just boys but men. i still have impure thoughts. i'm having them now. stop these thoughts. i can't get rid of them. i'm with eric. people love to deny differences between girls and boys. they are equal, but they are different. why can't the boys then join the girls' teams? they will dominate some of the sports i s if they join the tea. get rid of all gender differences so it goes both ways. girls to boys, boys to girls and let it go to college and pro. see what happens. let professional male tennis players play against women. >> let donkeys play, chickens, who cares? why have rules anymore. >> donkeys would be great. >> did it ever enter your mind to play these sports? >> football, definitely not. i will get heat but i agree with

bob on this. it's unfair to the boys on the team. boys naturally don't want to charge, hit girls. they won't be playing the way they should play. i know her mom said you shouldn't kill her spirit. i'm worried about her getting killed. maybe not now, but when she gets olderer it is a violent, tough game. the boys on the field shouldn't have to play different. >> apparently the boys like her and want her to stay. it was the school's decision. >> it's a private school. >> and other teams will go after her. >> it's a private school. >> if you tackle a girl hard people will look at you like a jerk. >> no. >> not really. >> what do you know about people looking at you like a jerk? >> not on the football field. >> that's right. >> still to come, there were racially charged remarks at the zimmerman trial earlier today. we'll play them for you next on "the five." ♪

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♪ back now with the george zimmerman trial in florida. there were racially charged comments today in florida. here's what the prosecutor's star witness says trayvon martin told her the man accused of killing him, george zimmerman. >> described him as a creepy ass cracker? >> yes.

>> so it was racial, but it was because trayvon martin put race in this. >> no. >> you don't think that's a racial comment? >> no. >> you don't think that creepy a ass cracker is a racial comment? >> no. >> i have to say if that's their star witness, good luck. >> it clearly was a racial statement. i think it's tough to avoid that. does that bring the race issue that much farther to the forefront in this thing? >> i'm not sure. i don't know about that. the most concerning part is she testified after that saying creepy ass cracker is a term they use all the time in her neighborhood. it was common to describe white people as creepy ass cracker. >> i have been described that way. >> we took paula deen down for

saying a racial comment. it was. i will say creepy ass white cracker she used another time is also racially charged. >> of course it is. this whole issue from the beginning has been is this going to be a race issue. greg, b go ahead. >> i just want to announce that i have developed a new line of creepy ass crackers. if you can see that. it was sean's idea. i thought they had a better picture of it. there you go. it's a creepy ass cracker. low in calories, high in fat. >> gluten free? >> yes. what does that mean? >> andrew, do you think this is now going to evolve continually into more of a racial issue? >> yes. i don't think there is a way to escape it. it seems the defense attorney

thinks making it about race is good for him. he's trying to imply somehow race drove trayvon martin to, you know, act and -- remember, they are trying to prove self-defense in this. so act out and, you know, fight. zimmerman based on race because he was targeted on his race had to fight back. i think they have done the calcul calculus. on this one they want to make it about race. >> you can take one little cut like this and make it the news story of the day. doesn't put anything in context t. it's -- i can understand why a news organization would do it. isn't that part of your argument? >> it is. i don't think the defense attorney understands women well. six female jurors and he's sounding condescending to her and she's trying to do her best to be the witness she was asked to be. he looks like he's being a jerk. >> there you go.

>> she was different towards wes than to the other side. when she was answering questions from her team she was different. i don't think it helps. >> that's true. >> one more thing, up next. ♪ my name is mike and i quit smoking. chantix... it's a non-nicotine pill. i didn't want nicotine to give up nicotine. [ male announcer ] along with support, chantix (varenicline) is proven to help people quit smoking. [ mike ] when i was taking the chantix, it reduced the urge to smoke. [ malennouncer ] some people had changes in behavior, thinking or mood, hostility, agitation, depressed mood and suicidal thoughts or actions while taking or after stopping chantix. if you notice any of these, stop taking chantix and call your doctor right away. tell your doctor about any history of depression or other mental health problems, which could get worse while taking chantix. don't take chantix if you've had a serious allergic or skin reaction to it. if you develop these, stop taking chantix and see your doctor right away as some can be life-threatening. tell your doctor if you have a history of heart or blood vessel problems,

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one more thing. i don't know why i call her ands, but i do. andrea. >> okay. some people find interesting ways to amuse themselves. roller coasters aren't cutting it in mexico anymore. as one amusement park has fake border crossings as an attraction. for three hours you can have dogs barking, be chased down. there are sirens. you can be cuffed, stuffed, have patrols scream at you. they say it is to help people of mexico not want to cross the border. i don't know, eric. is this a training?

>> i'm guessing it's harder than the real border. >> you know what they need? dogs. i have a youtube video. these little dogs went on a ride. this is not a great video. >> what a sadistic dog. >> that's cute. they are beagles. they went to the amusement park. this show has gone to the dogs. >> banned phrase. pause button. when people say, i think we should hit the pause button. it's a way of saying i don't want to do what you asked me. >> all right, robert. >> those of us for the gutfeld for mayor team. we want to put a challenge out. before greg files for mayor,

anthony weiner, we would like a debate with you. after we had that debate, we will, in fact, make a decision on whether greg will file. so the door is open. reach me at my number which i can't give you on screen. >> greg will not bring up the picture. okay? it will be on the merits. the five of us can bring up one and be the people who asked the questions. we want to find out what your platform is. >> i hate to end on a sad story. but pull up the picture. this is pork chop, a search and rescue dog from 9/11. the last living dog, we believe, from 9/11. there were 300 search and rescue dogs. unfortunately he passed today. his handler called me. just one of those things.

>> so gutfeld for mayor and don't forget, come ohhing up, special report. >> we love that show. >> the bear. equal mistreatment for conservatives and liberals from the irs? the fact and the fiction. this is "special report." good evening. i'm brett behr. the tax man is sticking with the story that no one in the irs did anything wrong on purpose in going after conservative and religious groups and no one outside the irs intervened. this as earlier reports about the supposed scrutiny of left leaning organizations turned out to be far less than was billed. chief congressional correspondent mike emmanuel has the latest from capitol hill.