hello, i'm dana perino along with kimberly guilfoyle, bob beckle, eric boling and greg gutfeld. it's 5:00 in new york city and this is "the five." >> earlier today, the house ways and means committee took the unprecedented step to referring lois learner to the justice department for criminal probation. holder is likely to dismiss it. she could face up to 11 years if convicted on the commission lying -- on lying to the commission. >> the committee thinks things

indicate that laws may have been broken. we've referred this this to eric holder. if we don't stand up for people's constitutional rights on behalf of the american people, who else will? >> but did she act alone? >> i am not convinced that she is the sole leader involved in this. i don't think she came up with this scheme all by herself. i think there were others involved, including lawyers i used to work at, chief counsel's office. these letters show there's chief counsel's engagement. i would get the testimony and see where it leads. >> unfairly targeting groups and misleading investigators and illegally releasing taxpayer

information. >> referring it to the headquarters of the current coverup which is holder's justice department. we've had three major scandals in the last 40 years, watergate, iran contra, and this one. the first two were investigated vigorously by the press and select committees of congress. that's not what happened with this one. >> greg, let's start with you, there's a committee action and all the things that are happening there, kind of like benghazi, everybody knows what's heap, it's just an inconvenient truth for them to actually come forward and let her testify. >> my favorite part of this whole thing was steny hoyer who called this hearing into the irs a witch-hunt. questioning an actual substantiated act of witch-hunting is called a

witch-hunting, that logic, when a cop catches a mugger, that would be assault. it shows you ho how the rigged the game is. it's rigged, the media is your guy. it's the same team. you don't have to show up for practice. president obama is the eternal teacher's pet. it's the media that's giving him all the apples. >> let me ask you, legally, for lois learn, the attorney or even lois learner herself, she might not be exactly be worried about this, but it will cause a few sleepless nights, right? >> yeah. because i think there's been private assurances made to her she's not going to go down for this. it is well within the rights to say look this is the violations and ask for this criminal contempt to proceed forward. they have strong grounds to do so. do i think it's going to come to

anything? no, i don't. unless the republicans are willing to make this a campaign issue, whether it's benghazi, fast and furious, this irs scandal, it's going to go nowhere with the mainstream media like greg said. that's the problem. there won't be the coverage. most certainly, eric holder is not going to proceed forward. >> eric, let me ask you, six months ago or maybe even a year ago, within the first six months of the scandal, president obama initially said he was outraged. he wanted to find out what had happened, but then i don't know what happened this convinced him that there's not a smimg -- smidgen of corruption, if they want to put this to bed, could they at least let us know what convinced the president that there's not a problem? >> these congressional committees, both sides on the house, they do the same thing,

they bring people to the stand to testify, and they likely like or take the fifth, then it goes nowhere. if you find out they are lying, then you can refer it to the department of justice. what's in it for the department of justice, says there's really not much in it for me to find out how high this goes up, it goes up to eric holder himself and maybe too close to the president. there's nothing in it for them to continue. unless these congressional committees start referring to independent outside counsel, further looking into what's going on, then they can offer her immunity and there's someone needs to offer her immunity so she can testify as to who exactly told her to do exactly what she did. she didn't come up with this scheme on her own. >> let's look at an email. it says this is the most

informantive article i've red about osa, learner said to sharon lying, maybe i can get the d.c. office jobs and is that retirement talk? some people might say, obviously she was joking, why can't we get the context from her directly? i mean, why is it out of the realm of possibility to suggest that she wasn't a foot soldier in obama's army? >> well, george gra to a i to usually said the congress did not investigate iran contra, or the committees of congress didn't investigate that much. the fact there's been more investigation of the irs scandal than anything that happened with iran contra. what did they come up? they came up with lois learner. they had absolutely nothing after two years of investigating

this. >> that's not true. >> they are dry well and you think she's -- if she's going to go to prison, she's not going to tell somebody -- i think she did it on her own. >> how do you know? how do you know? >> how close does it get to the attorney general and president? that's fear amongering. >> what's in it for her to do it? more likely that's policies behind it. let's single out the tea party, the right, because they are not promoting what we believe in. that light likely sounds more political. >> you just said it. we want to see how close this gets to the attorney general and poets. that is -- president of the united states. that is smut mungering? >> what is that? >> smungering.

earlier today, the inspector general of the irs released a report that says there was hatch act violations that were wearing obama buttons and leaning on people. the irs is the most potent form of intimidation. >> basically, this is operating in a culture of obama love and how do you know that the left are truly in control? it's when lawmakers are laughing off a weapon of political coercion, when they don't think it's a big deal. when the government and the media are the same, retribution becomes a gleeful blood sport. i ask each reporter go into a report room. if irs was targeting a planned

parenthood, how hard would you work this story? >> they wouldn't sleep at night. >> why are you suggesting they aren't working the story? >> we're the only ones that are doing it, bob. >> they don't think it's a big deal. >> there's nothing there. >> how do you know that? >> why did lois lerner come up with this idea to go after the right? >> if i were sitting in that seat and i had a shot at it, i would too. >> the irs cannot target somebody for political views. when this first happened, you said for weeks that this was the biggest problem -- bigger than benghazi, so what is it that convinced you that they have nothing? how do you know? >> what convinced me after issa who i took on a little hard yesterday, i understand that, they investigated for a year and

a half, they have said, investigated out all across the country, and they have come up with nothing. that's why i don't think this is a big -- >> you know what, i don't believe you. >> what do you mean i don't believe? >> you don't have any evidence. >> they have the evidence. they are presenting their stuff -- >> let me ask you this, bob. a couple of months ago, you said chris christie probably knew about the bridge scandal, right? >> i said i thought he might. >> why isn't this any different? why wouldn't president obama know or somebody else high up in the administration? >> when it's republican, oh, he clearly knew. >> christie hasn't had nearly the investigations the irs has. apparently, they have come with no evidence. >> when you have somebody not cooperating and not telling the truth about what happened. >> it was president romney -- >> what you talking about in. >> they admitted it? >> admitted what? >> they admitted in the

beginning. they planted a question. they admitted that they were targeting. >> lois lerner, she did the clumsy leak. >> after all these investigations, why dont they name other names? >> because they have been stonewalled completely. you know what i showed you yesterday was the irs testimony from two unnamed people that basically said there were no liberal groups targeted. they have information, bob. i think that you should be -- the democrats should be careful to say there is nothing there because clearly there is not. >> we know it's real. it's not speculation. it's not conjecture. >> i'm getting yelled at. >> directly ahead, brandeis university withdraws its honorary degree for a woman in

the muslim world.

you can stop texing now, kimberly. >> being a hollywood actress is pretty cool until you say something uncool. take kirsten dunst who upset some fem nifts which is easy to do. she said the feminine has been a little undervalued. we have to get our own jobs and make our own money, but staying home nurturing, being the mother, cooking it's a valuable

thing my multiple created, and sometimes you need your knight in shining armor. >> a top feminist blog dismissed her an actress and blond who looks good if clothes. kirsten dunst is not paid to write gender theory. so it shouldn't surprise anyone that she's kind of dumb about it. love is really about power and ie deology that forbids traditional roles. gender theory season a theory so much as it is a therapy, replacing lonliness with rage. their brainwashed conclusion, if you don't get gender theory, you are a dumb chick. when they graduate, all they can do is teach you that stuff or get you a tall latte.

>> i'm so graduated from college just a few years ago, that i don't have to take gender theory. is this like a new thing for the economy to create a new job sector? >> why can't chef her personal opinion? so what. >> dana, you are a woman? >> really. >> yes. i love how this feminist dismissed this actress as just a blonde actress. >> she's embracing femininity in "har per's bazaar." she says sometimes you need your knight in shining armor. the thing that bothers me is you don't need to say i'm sorry in front of your opinions.

she knew she was going to get blow back from gender theory. >> eric, what do you make of this? >> feminists are pro choice, unless you are a female and you choose to be traditional, then you are politically incorrect and you are wrong. >> you can be a feminist and pro life. >> yeah, you can. >> but you can't be pro choice about being traditional, if you are, then you are not part of the fem -- if you are not, then you are wrong. >> let's go to bob on this. >> bob. she's an outspoken woman. >> the thing that always amazes me the assumption that somehow staying home and raising kids and taking care of a house is not a job. it's a big job, and in fact they put some quantitative numbers to it and it turns out to be a pretty expensive -- if they were out working someplace else, somebody has got to do that. what are you going to do, have

latch key kids? you made that decision and god made the decision that women were going to have babies and men are -- some of them are good with babies, a lot of them ain't, and i think the idea that attacking her because she thinks she wants to stay home or people ought to be able to stay home is absolutely ridiculous. >> you just made a really good point about the gender pay gap. >> go ahead and thank god that he chose women to have babies. it's the toughest job in the world. >> directly ahead, this new yorker magazine image has dr. obama giving republicans a taste of bad medicine. bob sounds off on the cover next on "the five." female announcer: get on board for better sleep.

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now it's my turn to highlight one of the finest, i mean finest illustrations on the

issue, the latest new yorker magazine cover shows president obama spoon feeding the gop. my take, republicans need to grow up and take their medicine on this and learn that there are people who need health care in this country and they are not just their constituents. >> nobody says that you cannot -- medicaid and medicare exist for everybody regardless of where you live in america. there is a right to health care and it is funded by the taxpayers. >> you can't get medicaid at a certain level? >> remember that company that you mentioned last week, what is it called, the rand corporation? look at what they came out with today, bob? they find that there are only 1.4 million previously uninsured individuals who signed up for obama. $750 million they spent to do to ensure $1.4 million people. >> you still got your 40 million

uninsured. >> the headline didn't talk about it yesterday, it was a story that a number of uninsureds has plummeted in the united states venttle according. >> according to pe loss si. the illustrator is barry blit. raises the question, if government can do health care better, why can't they do magazines too. new yorker is awful. their cartoons are incomprehensible. in a weird way, the new yorker is inaccessible to other americans. put president obama in charge. make the new yorker free to people who can't afford it. >> it's almost going to be nonexistent.

they just cut their -- >> get used to it. it's here to stay. >> it is the law of the land, bob. what law of the lands do you remember were wrong? do you remember them? jim crow? wasn't that a law that you often talk about? >> i want to know the back story here. do you have some kind of personal situation with the editor of the new yorker? >> no, i'm just saying that they are okay with government getting involved in other businesses well let's get involved in their business. >> i think you have a situation with them. you can gloat all you want, bob. because they are soon coming to an end, as soon as that employer mandate kicks in, you wait and see about the poll numbers for obamacare and what's going to be happen? it's going to be the reckoning with 2016 and 2014. mark my words. >> reaching critical mass. i'm always maes amazed people

have insurance. >> if it was going to change america for the better, why are democrats in trouble for the senate in 2014. >> i think you are overestimating how much they are in trouble. >> i love you brother, but i know a couple of days ago -- >> republicans campaign on their idea for health care. >> that's why they delayed the mandate. >> you can't have that people up for re-election and not being in trouble. >> the best thing for republicans in 2014 is more liberal laps from people like you. >> i never said it won't cost them votes. it's not going to beat them outright is the only issue. >> bob, one more thing is up next. america's favorite dog -- jasper, will be here for his special surprise you can't miss. soent do anywhere. we'll be right back.

>> yea, jasper!

it's time now for one more thing. it's been a year since america's dog has been on "the five." here he is back, jasper. bob could not wait to have him back on the show. >> jasper let me congratulate you open your birthday. happy birthday. please don't drop it. this is for you jasper. is it a dog cake? >> don't worry about it. >> can i just say one thing? jasper, you have one more year under your belt, now you can hassle me and the rest of "the five." when they cut through the fog, you are still only a dog.

>> oh, it rhymes. it rhymes. thank for letting me having him on. he's a great asset for "the five." >> he really wants the cake. it's yellow cake. we got to go. >> oh, my god. he wants the cake so badly. greg is next. i'm holding him. >> all right. so anyway, i was on a tour, i got a lot of gifts. i would like to thank the young lady who gave me my first unit i corn pillow. what you do is open it up open my flith so people stay away from me. >> can i have that? >> no. you can have my slowloris.

>> bob, you got the disbars -- ciga r's. i wasn't given the ask the unicorn button. >> isn't that wonderful? >> i love that. >> people get giving me stuff. the cigars people gave me for bob. >> the boxing gloves were given to me to fight with bob, but they are for little kids. >> they don't fit you. >> and kimberly you are next. >> i'm trying to horde all the

stuff. i have a really cute workup more thing. it's prince george in the cutest ever most-watched play date. take a look at this. this is his first little interaction. he's so cute. bob, he's indoors. it's okay if he's in short. this is day three of their little outing and this is their pacific tour that they have been doing that i've been talking about and i think he's fantastic. >> okay. that was really boring. >> well, last night was a great treat for me. i got to meet the star of my favorite show, was justified. it was nick searcy. it was kind enough. he was doing red eye last night and i had a chance to see and talk to him. despite the fact that he's a right winger, he's a good guy and great actor. if you have not seen justified, get it. it's one of the great shows of all time.

>> watching you and nick have a great conversation, i could have listened to the two of you all night. >> an emotional story, michigan star forward a great human being, struck up a conversation with a young lady who had neuroblast tomorrow ma. unfortunately, lacey lost her life last night but what a man. this guy made her feel great right to the last minute. if there are more people like adri adrian payne. >> don't forget to set your dvr so you >> horror at a high school. 21 stabs and the suspect behind bars. what drove a 16-year-old to go on a stabbing spree?

>> law americas turn up the heat on lois lerner, the central figure in the irs scandal could be held in contempt of congress this as a damaging new report reveals specific plans to target conservatives. >> alone and buried alive. >> at one point i got thrown on my back i went head first. i remember going airborne. >> the amazing way that he survived a thousand foot fall on the side of a mountain. "fox & friends first" starts right now. . ♪

>> looking at new york city on this thursday morning. congratulations it's the tail end of the workweek. good morning. you are watching "fox & friends first" on this thursday. >> i am ainsley earhardt. >> i am heather childers. thank you for starting your day with us. we begin with this fox news alert. a quiet school day in pennsylvania quickly turning into chaos five minutes of terror as a student goes on a rampage inside his high school. >> that teenager now charged as an adult in the stabbings of more than a dozen fellow classmates. this morning stories now of heroism are emerging. >> marianne rafferty joins us with the latest. >> do we know anything about the motive? >> police are still trying to figure this out. several students are saying the sophomore was constantly bullied. they are investigating a phone call the suspect made threatening an u