hello, everyone. i'm andrea tantaros, along with greg gutfeld, eric boling, dana perino, and bob beckle. it's 5:00 in new york city and this is "the five." well, you all know what day it is today, right? it's earth day. the political media and cultural lead have been trying to stair us for -- scare us for 44 years starting with walter couldn't cite. >> cbs news, earth day, a question of survival. a unique day for our nation is

ending. earth day, a day dedicated to enlisting all the citizens of a bount iful country in a common cause of saving life from the deadly byproducts of that life. >> not much has changed since 1970. the politicians are still spreading fear. >> the debate is settled. climate change is a fact. >> climate change is a ka tros frof fee is unfolding before our very eyes. >> because we deny this reality, many people will suffer. >> thos you -- this is not a question of morality or ethics, but a question of our own survival. >> when our children's children look us in the ask and if we did all we could to have a more stable world. i want to be able to say yes. >> so are hollywood celebrities. >> hello, i'm robert redford.

climate change is happening fast. >> we face a crisis, all of which are a concern for life. >> there's no more fire season. we have wildfires all year-round. this is unbelievable. >> it's not a political issue. it's a moral issue. >> a thermometer is not republican, it's not democrat. >> if i've seen it in the last ten years in my life, what am i going to see in the next 50 years. >> there are going to be more storms and they are going to be worse. >> what have you done? should we believe them? four decades ago we were warned by scientists if we didn't do something, civilization would end within 15 to 20 years. up to 200 million people per year would starve to death and people living in urban area would have to wear gas masks to

survive. none of these warnings have come true? >> yes. >> has credibility been hurt on the end vier row side? >> i think so. the problem with this issue, depending on what team you are on, you get a bucket debate. bob, you'll get your bucket, you'll fill it your data and i get mine and fill it with my data then we spend the next 12 minutes exchanging this data, and then the next day we forget completely about it. the only problem is the hysteria is actually worse than the calamity. because we are drawing danger to something that's less dangerous than other things. they are burning dung and burning twigs inside their houses, killing 4 million people. there are 3 billion people who

need heat and coal and instead we're lecturing them on fossil fuels and the evil of coal. the other part i think is really weird is the silencing of the debate. if you have facts on your side, you should always welcome the debate. i like to talk about climate change. i like to be proven wrong. i moved a little bit to become a luke warmer. >> you stuck your toe in bob's bucket, so to speak. >> people will revolt, that's what happens when paem feel they don't have a place to express themselves. you are driving people into a scarier place where there's violence and this happens whenever speech is silent. >> you saw from that montage, president obama said the debate is settled. they often don't refer to what debate they are talking about, even though say the debate is

settled it doesn't seem like a solution to any of this, if it's happening has been settled either. >> so the policy prescription is -- leaves less than they would like because it is a global problem, and america, we actually have a great american success story to tell. when walterer couldn't cite describes what was going on in 1970, it's almost unrecognizable to what we live in today. the water and air is measurably cleaner. climate change has become the all-encompassing issue. there's so much good work that has been done in a bipartisan way, in cooperative conservat n conservation. when arnold swharsen neger talks about the the major one that happen in the west is bad policy that environmentalists have put in

place to clear out -- not clear out the forest. the only way to keep making it better including on climate change if you care about that is through economic growth. it's through economic growth that you can fund the new technologies that can get us through a cleaner and better environment. >> eric, there have been some policy prescriptions that the president has mod rated on but his words haven't really followed with action so if you look at what he said about nuclear power and natural gas, he's given lip service to these pole prescriptions where i think republicans would be more than willing to meet him halfway but he doesn't -- hasn't done them from pressure from the left. >> i am so darn proud of our president today. remember, yesterday, i said i was going to roll my windows down and turn the heat on. >> he's taking a chopper from d.c. to andrews air force base.

then he's going to air force one. he's going to take it to washington state. then he's going to go to tokyo. he's got to emit 375 tons of co 2. way to go, president obama. guess what else, the epa director is on a week long tour talking about carbon footprint. >> is that a president that hasn't flown to asia. >> on earth day? [ multiple speakers ] >> if i were, i would just be honest about it and say all presidents do this stuff. listen. there are a couple of things we ought to keep in mind. we have incredibly as dana, incredibly cleaner rivers and air because of the clean water act. it was in 1970 that the river

outside of cleveland was on fire, and you couldn't fish in the poe tomorrow -- potomac river. the entire estuary in chesapeake bay, you couldn't fish it, and we've made some incredible progress and we should give ourselves credit for that. there's been rules and regulations that have been helpful all the way around and we now have the cleanest water that we've had in decades and decades. now, on the the question of global warming, you can argue as greg said, everybody has got their buckets they can put it in. i'm not going to the u.n. climate change people, nor with the professors. i'm going to go with this, that is nasa which is probably the greatest single scientific institution in the united states, nasa has one very specific issue. if i couldn't get this up on the screen, if you come in here just for a second, you will see that

co 2 emissions for 650,000 years have not -- >> you find that funny? >> you want to laugh at nasa. laugh at nasa. >> i want to hear the end of it. >> nasa says for 650,000 years there has been -- that was the co 2 level was here, and since 1950, it has jumped way above that. now, i would prefer to take nasa's word for this than anybody that eric come up with or anybody else, he keeps coming up, he laughs about it. don't laugh at nasa scientists. these people have done remarkably good jobs. >> one, why hasn't it gotten any warmer in the last 16 years. i'm just saying it would correspond to c 02. i wouldn't mind global warming.

more people die from cold. >> even "the new york times" has conceded that the environmentalists -- >> if you laughed at that thing, you are a total, complete jerk. you are a total, complete jerk. >> 40,000 years ago, it was really high. >> bob, in fairness to you, i actually think you made some really good points. we do have cleaner air. we don't litters any more. we don't have things like the love canal where people are building housing developments on toxic waste dumps. do you think maybe even the environmentalists, even "the new york times" said maybe they are a victim of their own good work because they have eliminated a lot of pollution, the sunlight is coming, maybe that's cause for a up tick in temperature, and because the chinese is still polluting, maybe that's -- >> we know that since 1950, the am of c 02 has gone up

dramatically over 650,000 years. that's proof. that is not conjecture by eric. >> i'm looking at your chart. >> it's not my chart. it's a nasa chart. it's not my chart. >> there was a period it was up before man was even on the plant. >> there was a period of warmtth before the suvs as well. why is it so important that skeptics shut up? that's what i don't get. why are incorrect predictions always suppressed and why are people who disagree with this, why are their rupgses -- reputations always under fire? this is really about our paychecks. climb change hysteria disguising couldn't koisks confiscation of

our money. you can justify any kind of increase if it's always going to be there. >> climate scientists on my side of this issue have exaggerated a lot. they have not done their research as well as they could have. there's a lot of things, a lot of questions out there, but there are people who will say that if we're not careful here, and, for example, those skeptic are wrong, then we have some very serious things to face, that will be coming down the road. that's where we ought to discuss this issue. it's not saying that climate change -- i've brought in a document here that eric has made fun of it and it's from nasa. it's based on a lot research. much more research than eric has produced. >> i'm not a scientist. i can tell you that 50,000 years ago your numbers were blowing off the chart and there were no humans. the reason why it's dangerous to them because there's so much money on refuting what they are

selling. if you blow that out of the water, they know they are out tens of billions of dollars. >> what they are saying just trust me, believe me, like al gore, i can fix this? and people are saying why would i give you control? >> on most every issue, ones that you've mentioned at the beginning of the segment, they have been wrong on that, when you have the occasional religious fanatic who comes out and says the end of the world is near and going to happen on this particular date, they say he's crazy. maybe that's true, but you can understand why when humans go through a period of understanding a lot more science and being able to look at it and looking at evidence over a 18 to 20 year period, they are skeptical about america changing its way of life, because there's not a global solution on the table at the moment.

>> this, despite eric talking about these bumps here, it's double what it was during those bumps and the fact of the matter is we need to deal with it. >> coal day is a celebration of coal and we get coal to billions of people who would live longer and better lives rather than burning animal dung in a hut. crime has gotten so bad in chicago, the feds are stepping in to help. we'll tell you about it when "the five" returns.

in what's becoming an all too common occurrence, shots rang in the city of chicago killing 8, injuring several children. here's how your reaction to the

violence played out open the local news. >> it has been an especially violent weekend in chicago, which includes the shooting of five children just last night. >> with all of those shootings, that one that really tugs on the heart strings of chicagoans when they hear that children are hit by gunfire. >> as soon as i'm walking out the gate, you hear gunshots. >> if one little girl is fighting or her brother or his cousin is agang affiliateden, then it's that. >> here's a visibly angry rawm eman wall, every child deserves to hear laughter. any child where that laughter is taken away by gun violence, and we as adults have not done our

job. >> he has children in the school system and i don't question his authenticity or his true feelings there, however, chicago, a lot of crime, a lot of gun deaths. it's one of the hardest cities to get a handgun legally in the country. >> and we played a montage of politicians sounding alarm bells about global warming, i wish you can see that in issues like this in city of the chicago. they will talk about how take guns away from people who are law abiding sens -- citizens. you are from chicago, you get the ground gram. it's not all ramh emmanuel's

fault. the police are scared. they are very nervous. they are outnumbered and as you said it's a war zone and something needs to be done. giving speeches at a podium and keeping guns out of the hands of rest of the citizens of chicago isn't working. >> it's gangs shooting up gangs in chicago. there's a lot of example of young kids -- >> who are caught in the crossfire of gangs, if you look at the -- >> it wasn't crossfire. it was someone going after two kids on facebook. >> for the most part, the children who are getting killed there are getting killed in gang violence. it's probably safe to say that 90% of the murders that take place here is because of drugs. chicago is where drugs are centered. it used to be detroit. i see the question here the justice department has now put 22 new prosecutors in there to deal with this. los angeles dealt with gangs

pretty well. this is not about legal guns illegal guns. this is about three or four warring factions that are no different than they are in beirut. >> i think they are elizabeth -- -- libs. they got to get over this notion that is bigoted to be hard on crime. the minute ority munts are grateful that you are there and i go back to the nypd. they save saved thousands of minute nority lives due to effective policing. they have been called so many names, profiling. i think chicago is learning. it's interesting they do blame the weather and it is true, when there's warm weather, there

tends to be more crime. whenever you watch episodes of cops, the criminal is always running around with his shirt off. >> 74 people shot last july. isn't it time to though maybe relax this some of of their concealed carry rules in chicago? >> i hear the sincerity from rahm emmanuel's. there's a deeper problem because of a lack of concern about another human being at the waste -- at the base of it and that's the really difficult one to try to tackle. >> i think that the people -- you say -- make the restrictions on guns less ownerous people. these deaths are not happening in middle class black

neighborhoods or white neighborhoods. it is blacks against blacks. the police are afraid to go in there. last year they had the lowest violence in 50 years. i think it's time to get the national guard and go in and do what they used to do which is clean it all out. just take out whole blocks and start to arrest these guys. there's no love lost with liberals on that. weed and seed they call it. they go in and take the sooeds out. >> it's also called -- if you look at the police blotter, they are not pursuing them. they are arresting them and they are not prosecuting and going after these crimes as well. so these kids aren't learning their lessons? >> can we do this very quickly? the department of justice is looking to let some people take petitions for people who want to get out of jail for drug offenses. take a listen to eric holder.

>> the white house has indicated it wants to consider additional clemency applications to restore a degree of justice fairness and proportionality to individuals who do not pose a threat to public safety. quick thoughts? >> my quick thoughts these are not dealers. these are users. a lot of these get caught up in three strikes you are out. what you are doing when you leave them in prison is to turn them from users to dealers to hardcore criminals. >> andrew mccarthy makes a good point, in our system there is a congress and the congress passes law. the president does have a persuasive case. he should get it to congress. i wonder what the plan is for the transition out. are they just going to up open up the doors accident people are going to walk out, what are you

do with them then? >> corporate america, a number of them have signed up to hire some of them. >> that was the point. it was mine. far worst people have received clem send -- clemency than a guy smoking a joint by presidents. when you cut them loose, where do they go? i don't know the rules of clemency, is that off your record? >> there's a clemency list, but you are absolved of anything you've done. >> can i have that for my own life? i've done some bad things. >> can you imagine sending a few years behind bars and all of a sudden you are free and you weren't expecting this? it could be ugly open the streets? >> it could be. i would imagine if you are there in a long period of time, you are probably not a small drug user. you are probably in there for

trafficking. i don't completely disagree with the sphrags on that. why are they talking about this now? is this a national priority? i can't help but think it's all to rally -- >> if clemency gets your vote back -- >> it's another base rallying activity. >> it's people who were in jail for three to five years on cases of multiple use of marijuana. >> i'm going to leave it right there. coming up the supreme court handed down a major ruling today that involved the state's rights on affirmative action. dana is going to tell you all about it when we come back.

today, the supreme court

upheld the right of michigan voters to ban affirmative action from the admission process from the state's public university. it was held that it was unusual because it stripped minorities of their rights by doing away with the policy. this is one of those legal decisions, andrea that reads who is on first, because yes means no and no means yes. the bottom line it's probably not as controversial as the headlines suggest. does the state have the right to strip the universities of the right of affirmative action? the supreme court said yes. >> so they are saying, and kennedy took this point, it's not whether racial preferences should be resolved and it's who should resolve it and the states have every right to do that. it wasn't the typical 5-4 supreme court decision. it was a 6-2 decision, keegan

reduced herself. what i'm saying, is the trend of the court is most interesting. this court through a variety of different precedences and judges is weaning us all of these extraordinary civil rights laws that were once very important and they are saying now like they did on that texas case as well on affirmative action by 7-1, you know what, we might not need these laws anymore. i do think there's a theme happening with the court and it should be a good one this is the theme that martin luther king to wish for. he wanted this day to come. everyone can get a fair shot. so i think it's a good thing. >> bob, eight states have outlawed affirmative action in their schools. speaking of trends, do you think this is a good thing? that maybe we can actually have achieved something we were hoping for. >> sure, it's a good thing.

the voting rights act is an important point. they did absolve states, but they also kept certain counties that had a long history of discrimination. they were not allowed -- were not allowed to get underneath it. i think michigan and a number of other states who don't have affirmative action, have a long history of not using affirmative action as a barrier to get in. there are certain universities that i think alabama, mississippi, i think another 15, 20 years, they systemically denied blacks until the 50s and 60s to get in their schools. >> there's a lot of controversy even in california about whether or not they should reinstate affirmative action because some asian communities saying they are being discriminated against because they are being too successful in getting in the universities. >> i think andrea is completely right on this. it's taken a long time.

i would say we've arrived. i love the fact that the supreme court kicked it back to the states. that's what we want to be going on. you know, i'm not sure about where you are headed with this with the southern universities. >> what i'm saying, it's all going -- all schools are not equal in their histories of abusive of affirmative action. >> can i add, this is how universities pick and choose who gets into their schools, this is supplied to other areas of the state. >> it's state universities. there could be precedence. >> and they are saying you can have diversity, it's a good thing but if you are going to have this kind of selection process, it's going to come under very close scrutiny by the courts. it needs to be very narrowly tailored. >> do you want to be appointed to one of these boards to get to decide who gets accepted into

the school? >> i would very very bad. are there ever a time where these policies will be necessary? the hardcore proponents say no. to me that's a corrupt argument. that's the issue that i have with the left, is that the temporary, whether it's a program or anything, is always permanent. >> sotomayor's dissent was 12 pages longer than the collective agreement by the other justices. >> there's remedial action against schools that have a long history of denying minorities rights but there are schools that promote minorities coming in at the expense of white students who are good, and i think it goes two ways here. >> that was a texas case. that was the issue. >> that was absolutely fascinating. we're going to pick it up here in the next block. next, greg has got an interesting take on why, when "the five" returns.

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visit hepchope.com to find out about treatment options. and register for a personalized guide to help you prepare for a conversation with your doctor. according to a new study by a cricket study, the sport, not the snect. kids don't mind if competition is removed from sports. they prefer to play for fun. i preferred to play tag alone. competition isn't something you can remove from a game. a game must have competition or it's not a game. even hide and seek is a competition. without it, it's just hide. musical chairs without the stress caused by the missing chair is no longer musical chairs it's just sitting

followed by standing. it's like being at the pharmacy. it makes me wonder what made the greatest generation to great, they wanted to win. when they came home, they worked their butts off to give us everything we wanted so now we have a luxury of thinking we can live in a world with no winners. winning is secondary to whining. victim is superior to victor and it's far better to end a war than win one. so no scoring means no sadness and it could be, if the rest of the world agreed but they don't. there are people out there who still want to beat us to death, which is why beating them matters. it's the only way they will know when to give up. >> all right. i tried. >> i like it. yeah. >> andrea, what do you make of the study? >> i would like to say that i was just lectured during the commercial break about the

entire energy level at this table. i think there are some kids who don't like competitive sports. however, i have an an he can dote, in 6th grade before men got bigger than girls, we had this thing called the mile run and our gym teacher pitted me and the other girls against the guys and i would beat the fastest guy named steve jones. people didn't like it when i won. some people were happy to me. if you are going to win, you can't care about what other people think about you. you can't care if you want to be liked. these kids want to be liked more than they want to win. >> it's the most obscene thought. most of this is reflection of parents by the way. i was asked to referee a t-ballgame and by the way, bob, nobody wins. and i was like nobody wins? are you out of your mind? somebody has got to win.

no, no, it's got to be even. what am i supposed to do, if it's even and a guy is coming around -- i stop him? what are you talking about? this is the worse thing -- if kids don't want to compete, let them become bakers. i don't care. >> you got to compete at baking. >> don't make your kid play ball but if the kid plays ball or whatever, make sure he wants to win, because if you think you are going to teach a five or six or seven or eight-year-old that it doesn't matter to win and they are going to somehow decide they want to be very successful once they get out of school you are out of your mind, what you are teaching them then is qog to build upon what, pajama boys. >> dana, you told me a story too -- >> when i lived in england, i got both of the papers and i would read them, one of stories

was about a school district in england that had ended musical chairs. no one was allowed to have musical chairs any more because it upset the kids if they lost. i think sports is a metaphor for life later on. it teaches you team work. it teaches you a gracious loser. every day you wake up, you should want to win or contribute. main not every day. >> duke the guy out who took your chair. >> the thing about competition. the space race, we wanted to win and we put all of our energy toward winning and now we did. think about that feeling when you are left without a chair, it was such a terrible feeling that you were like i'm never going to let this happen again. >> knock the guy out of the chair. >> we should play musical chairs right now. >> the best solution for musical chairs beano. still ahead, do people get nicer

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is getting old not so bad after all? a new study finds that people age when they became -- when they age they become more agreeable, dpenl and emotionally stable. another study says people get happier. let me share my thoughts. i will say this, to start the discussion, i think people when they put the small things behind them, the older they get, only big things matter, i do think they are saner, smarter in their own way, they got a lot more to contribute, until they get to be about 80 and then they are a pain in the neck. >> it's true. here's the thing. i would agree with that because i guess you mellow with age. you hear that. it doesn't have to be age. happiness is truly a choice. you can true to be happy or unhappy or cranky at any age.

>> it's a lot easier when you get older. because a lot of extraneous doesn't matter. >> maybe you have a few more bucks in your pockets -- >> let's remember, there's no such thing as a bad day and there isn't. >> that's your voicemail greeting. >> it is. >> it's also said in this study people as they get older also can become a little more introverted. i think that is happening to me. i don't want to go out. >> you said the other day, you said you might say no to live music because you don't want to live concerts anymore. >> because people are getting too drunk. >> from my perspective, you ain't getting old, baby. >> let's show this. this is greg's arc. there is birth, and death. when you are up here, everything is cool because you can't see this. it's right when you get up here and all of a sudden you know that you got more behind you than ahead of you and that changes how you look at everything. oncer here, you can see you are going to die. that change the mentality. that's a fact and a lot of people who are here don't

understand that but once you git here, all of a sudden you start appreciating things and your ner rose sees gets more intense. you don't want to deal with crap or waste your time. >> who are we talking about? >> we're talking about me. >> go ahead, what do we think? i think it can go either way. for example, you have improved in your mood. i've noticed the trend over the last couple of years we've known each other, eight years or something. however, i've seen some really angry older folks. >> oh, man. >> that are really, really grumpy. i think it could go either way. i would hope i would become the former. >> have you ever drive into a shopping center for older people, it takes them 15 minutes to cross the line. i had one woman kick me because i got in front of her at the line. >> i think there's a lot to be said about getting older up

until a point. one more thing is up next.

it's time now for one more thing and i just decided during the commercial break i'm going to be a really happy old woman. a real fun old lady. this is a great story. yesterday was the boston marathon and this father and son team, dick and rick hoyt ran their 32nd race together why this was so special is because when rick was young he was diagnosed with cerebral palsy. he said i want to start running races to benefit people. problem he couldn't run. his dad was also not a be runner. and they have been been training for 32 years. when rick runs, i feel like my

disability disappears. it's a really sweet story from the mayrathon yesterday. >> in an update to story we talked about a lot. remember in tennessee, the uaw had a big fight, they had tried to get the union to be approved there. they lost that vote and said they were going to appeal it. however, i think they have made a good strategic decision. they are walking away and they are dropping that appeal so they will not make another go for it in tennessee. >> great update. >> thank you. >> greg. >> it's time for -- >> i hate these people! >> hate, people who want to meet for coffee. i don't meet for coffee. i never go somewhere and meet anybody for coffee. people who say i want to meet you for coffee, the translation is i need a favor. just ask for the favor, but

don't say you want to meet me for coffee. >> how about i want to meet you for a drink? >> that works. that always works. >> i agree with you. >> i almost always say yes because i will never turn down a free drink. >> now you know the way to greg's heart. through his liver. >> you know who will not turn down a free drink is ed schultz? oddly enough. >> bob. >> i want to wish a very happy 42nd pirth -- birthday willie robinson who appeared here with us. he's now 42 years old and he's a wonderful guy. he's been a great supporter of this show and i like him a whole lot. happy birthday, willie. >> his beard turned 40. [ laughter ] >> eric. >> a bitter suite one here. this is the ten year anniversary

today pat tillman lost his life in afghanistan. arizona cardinal walk away from literally millions of dollar he was killed in afghanistan. the man is hero. ten years ago. >> very good story. greg, you want to grab a drink after the show? >> i can't. i got to do red eye. >> i don't need a favor from you. i need nothing from you. >> all right. wow. >> how about that? >> taking a dark turn. >> now that we have our energy level up, it's time to go. don't forget to set your dvr so you never miss an episod >> it is wednesday april 23rdrd. their job is to make sure that you pay your taxes. why are irs workers who owe uncle sam thousands of dollars being rewarded with bonuses?

wait until you hear who is footing the bill. >> another land battle brewing. this time the federal government trying to (inaudible) >> everybody is a winner, is it all in good fun or just the wouldn't s woosification of america? fox and friends starts right now. ♪ >> good morning to you on wednesday. you are watching "fox & friends first". i am ioansz lay air hear-- ains.

>> i am heather childers. >> fresh outrage this morning aimed at the irs. workers who behave badly and owe back taxes rewarded with big businesses. >> steve sent any centanni is . >> those who didn't pay their taxes were among those getting bonuses which said during a two-year period 2800 employees with conduct issues received 2.8 milli 2.8 million in compensation rewards and 2700 hours in time off. the report found that 11100 of those people had federal tax compliance problems still received more than a million dollars in awards and 10,000 hours in time off. irs inspector general said in a statement while not prohibited providing awards to employees who have been disciplid