environmentalist, the same guy pumping $50 million to help democrats get elected on climate change. that's tomorrow on varny and company and we start promptly, dead shortstop 11:00 a.m. eastern. "the five" is next. >> hello. i'm eric bolling, with bob beckel. it's 5:00 in new york city and this is "the five." >> why did lois lerner's computer crash ten days after she was asked for her emails surrounding the irs targeting conservatives? why did the contracted archive company stop archiving lerner's emails the exact dates in question? why does lois lerner continue to plead the fifth? irs commissioner john koskinen has answers but doesn't think he owes any to the american people. >> i subpoenaed you here tonight because i'm sick and tired of

your game playing in response to congressional oversight. you testified under oath in march that you would produce all of lois lerner's emails to this committee. at a minimum you didn't tell the whole truth that you knew on that day. we have a problem with you, and you have a problem with maintaining your credibility. >> trey gowdy did a tremendous effort. >> you said multiple times there was no evidence you found of i had criminal wrongdoing. i want to you tell me what criminal statutes you've evaluated. >> i've not looked at any. >> how can you tell our fellow citizens there's no criminal wrongdoing if you don't even know what statutes to look at. >> i've seen no evidence -- >> how would you know what elements of the crime existed. you don't know what statutes are in play. >> amazingly democrats didn't care that the irs the most feared agency to regular folks

may be hiding a corruption that leads to the white house. the democrats instead used their allotted time to apologize. >> therefore, i begin by a ques offering you and apology. >> i haven't seen a display of disrespect since i've been in congress and unfortunate that anyone has to be subjected to it. >> i appreciate you coming here, giving it the best you got. and then having to come in here and go through this hell. >> badgering this commissioner as virtually every member on the republican side has done is shameful. it's got to stop. as far as i'm telling you, one member here is going walk out and not return. >> why are democrats okay with covering up a conspiracy that may lead all the way to the big house, the white house? >> you ought to be careful making that comment about may lead to the white house.

there's not a is in untila of evidence that's a case. i would be careful about saying that. is there a cover up somewhere in the irs? obviously in my mind there is. i think the most damning part of this is her taking the fifth. from that point forward there's a trigger of events whether she was responsible for it alone or whatever. but to suggest that somehow it's a white house cover up is -- >> he said i don't know 20 times. trey gowdy points out he didn't look up the statutes. >> i will say this. i agree -- i've never heard a committee of congress be that rough on somebody. >> would you be wasting your time apologizing to this guy. >> you got to ask why are they kissing up to this guy? because he's a donor. it's like a hooker going after your pimp. i haven't seen this kind of cover-up since robin williams played "mrs. doubtfire."

what does it take for the mainstream media to care that irs have to execute tea partiers or have to say i hope these bullets recyclable. the irs scandal, with the va stuff, the p.o.w., it shows every part of the obama apple is bad. used to be able to eat around the worm. now it's all worm and no apple. >> you pointed out -- maybe i heard the guy -- >> the arrogance. the smile he had going on there. >> so koskinen sits there like butter would not melt. okay. that i think also is the other thing that has really irritated people. not just the guys on the committee but people watching at home thinking how can he sit there. the thing is, greg points out something. he's a big time political donor. he was doing his public service. by public he doesn't mean working for all of us he means working for the democrats.

that's what i think is amazing -- think of the position that president obama's administration has put the democrats in. in an election year where they have a tough situation with their own turn out anyway. the democrats are now in a position of bending over backwards to defend the irs. that is quite astounding but got to hand it to their loyalty they are walking in lock step to protect the irs from what i think everybody including teen media talking this morning, all the talking heads, we know, obviously, there is a stinking fish. where does that lead. if i was the democrats i would blame the obama white house for putting themselves in this position. >> go back to your -- >> there's many. >> i bet there are not. >> i bet there are. i'll be one. i never donated anything. >> but you're not confirmed. >> i did get confirmed by the obama administration. >> let's not derail this.

let's stay on this particular scandal. >> you raised the thing about the money. >> if you control the facts and information, kind of control the debate and the people. >> that's right. when you talk about the nsa spying on average americans and the administration say we're doing it for national security purposes that's why -- that's the second biggest scandal because in a normal administration the irs would just be functioning the way it's supposed to function. we're supposed to believe that the obama administration that is using the irs to target conservative groups that is also collecting data on every single american is not going to use that type of information for political reasons? you would be completely foolish and naive. if this were a republican president we would be on the road time peachmen. think about rosemary woods, president nixon's secretary. everybody knew who rosemary woods was the woman who supposedly accidentally, trying

to demonstrate to the media how she was just happen stance deleting that tape. she was the fall girl for a president of the united states. and the media was obsessed with it. everybody in the united states of america knew who this woman was. you have the death of legitimate journalism by the press saying we're not going to report on this. they are just as bad. the irs targets people financially. the media targets people with their pens or computers. they do the same thing. that's why they think this is okay. >> let me ask you a question with all due respect you got to be unbelievable naive to believe irs and other administration didn't target people. maybe not at this level. >> they admitted as much that they targeted -- they are not allowed to do that. >> i under they are not allowed to do it. but to suggest that the irs is purely an institution that doesn't target. why do i get audited.

>> they targeted conservatives. >> just because other people are doing it doesn't make it right. >> that's fine. i understand that. >> this is wrong. it's wrong. >> destruction of evidence, obstruction of justice which then takes it to the next level and so the political appointee that acts like he doesn't have to answer any questions, you have democrats that are -- i think this is a path that will backfire on the democrats. >> can we move on to this one. see the "new york times." you don't see any mention of this. no mention of the irs scandal. you have to go 19 pages in to find the story. even liberal talking head mark halperin want answers. >> i think with a different administration, one that was a republican administration, this story would be a national obsession and instead it's getting coverage here and a few other places. >> a year ago exactly tomorrow

i called for a special prosecutor in this case while giving the president the benefit of the doubt. i now realize how naive i was to give the administration the benefit of the doubt. >> you want to take this one? >> special prosecutor is absolutely right. you heard trey gowdy talk about how the commissioner doesn't realize the crimes that have been committed. he doesn't even know the statute. he's supposed to report if there's a loss of data to the u.s. archives. last night u.s. archivist stood under oath and said they committed a crime. they absolutely committed a crime. so they do need a special prosecutor to investigate. the "new york times" also yesterday the lead story, the big story on a monday driving the news cycle, the headline was, robbing lettuce, basically. it was about how there's compost issues and kids aren't eating their lettuce. it is the death of legitimate

journalism. it is telling people in power that, you know what? you can get away with this kind of stuff and the media is letting them do it. >> there were a group of people at the irs maybe the white house who sat down together and said okay let's destroy her emails, let's make sure the company that provides the e-mail coverage is brought into the conspiracy as well and let's make sure everybody up and down the line at the irs is in the conspiracy. you really believe that? >> yes, i do. there are red flags every where. would you set up the question after she was asked about temp mams they suddenly went away. what a coincidence. we have to give up on the media about when it comes to scandal. they abdicated their spine. the ultimate consequence is you're watching the administration fall apart like a chair under christie ali's butt. their arrow gabs is so wild.

now you're seeing guys for fox news making scandal and now laughing at us wow there's something stinky here. >> dana, the irs scandal turns out broadcast news three minutes and 14 seconds of it in their first week. on bridgegate, chris christie did 123 minutes. today the day that there's growing last night on the hill 19 pages before you see it in the "new york times." >> it wasn't that the testimony wasn't dramatic but that the hearing wasn't dramatic it happens in the evening. you think it could actually find its way into the front page. i also think that people are getting their news in lots of different ways. that's the reason that the democrats will find this backfires on them because people are not -- the trust of congress is lower than just the next one up. the next lowest is the media.

so i think that -- >> i want to ask you this. this is your "wall street journal" the most conservative newspaper i would guess. >> i wouldn't call it that. >> says u.s. seeks data and inquiry. i can't find a front page story. >> it's hair brain to think there's a conspiracy but do you know what the odds are on june 3rd, 2011, lois lerner got the letter saying show us the emails ten later her computer crashes. the back up archive said we lost that period of time. what's far more unlikely is what they expect us to believe. >> the conspiracy -- my own guess lois lerner and one other person maybe two decided to destroy her emails. >> they were lining from the beginning. remember they said that the whole situation was started by two rogue agents. that's not true. that lie had to start that

somewhere. >> jay carney started that. >> he had to get it from somewhere. >> how many times have they visited the white house? that's why if republicans were smart they would, especially in the house of representatives, they would pass bills to strip the irs of its enforcement authority on obamacare and have democrats put a vote up as you pointed out earlier to defend the irs in an election year. have them defend a vote saying no, know the irs should be able. >> make them swallow the obamacare mandate. >> outside of the right-wing who do you think really cares about this? >> that's a good question. america should because the irs is being used as a coercive force. and the media doesn't care. so it's up to the citizens to act on this. >> and the democrats on the hill apologized or made a joke of the hearing. that there is the problem. >> why is that a problem? >> because the american people -- >> that's their job. >> that's not their job.

>> his polls started to dip when this scandal originally broke last spring. if you look at the start of thinks nose dive, president obama it's the start of this scandal. every person fears the irs in this country. >> i agree there's a scandal here. i don't agree it's as widespread as you're suggesting. >> we won't know. >> coming up, stunning new claims of the abuse and the va scandal. the department's mismanagement and death cover-ups.

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♪ you can't hide ♪ your lying eyes

many people may not know this but the motto of the department of veterans affairs is a quote from president abraham lincoln, to care for him who shall borne the battle and for his widow and/or fans. how has the obama administration fulfilled this promise. according to a new whistle blower in a shameful fashion. >> somebody is going on that electronic wait list and where people are identified as being dead, somebody is changing that and saying no they are not dead. >> correct. >> to hide the fact people died on that list? >> that's my belief. >> what would be the other, any other purpose? >> there wouldn't be any other purpose. >> the whistle blower also described the horrifying experience of finding out that the va was too late to offer help to one veterans' family. >> then came the call she had to

make in early december. she finally had found an appointment available for a navy veteran who had come to the va months earlier urinating blood. >> so i called the family and that's when i found out that he was dead. >> they called you and said -- >> i said what is this regarding. she said we have a primary for them. i said really you're a little too late. >> andrea, one of the things that happe scandals is whistle blowers who might have been too afraid to speak out feel more emboldened and want to tell what they learned. we've always maintained there might be more. do you think there is still yet more to come after this? >> yeah, do i. this is the scandal that will continue on and on and on because it seems a lot worse than we originally thought. we thought it was isolated to phoenix, the arizona va so now it's much greater. now you'll see people wait a minute this happened to a family member of mine. dana, i know i made the comparison before but they

operate the va like a single payer system very similar to the british system. if you look at this week's headlines in england they are the same as you have been hearing from the whistle blowers and these families coming out. just two days ago a man died in england, he was and he leepilep. he was waiting for a shower installed. a man with a hernia the size of a football was wiped from a surgery. three more headlines. it's why that single payer argument that, bob, i you know love it, but can we just give it a rest? can we finally have the progressives admit that's not the ideal situation that government doesn't do health care very wellnd health care has gotten worse under president obama from obamacare to this? >> one of the solutions on the table is offering veterans vouchers that they can go to private hospitals. >> very start.

>> there's a report out from senator coburn claiming more than 1,000 veterans died from 2001 to 2011 as a result of misconduct teva. >> anything from harassing patients to overutilization of police to stealing veterans things to rape to accosting patients to ignoring patients. all criminal activity. poor management is the problem. it's not money. it's not access to available facilities. it's lack of management. >> tom coburn leading the charge. to find out more what is going on teva, started well before the scandal erupted, absolute financial malfeasance. what's the recourse? >> one of the recourses is replacing someone who can do the job. 80% of the phoenix va management were given performance bonuses.

100% of senior management in the va system, systemwide received a positive job review. $10 million to phoenix in bonuses, $400 million systemwide for performance bonuses. you have to stop that. this whistle blower said she was told to take a picture of people who were on a waiting list and put it in the desk because it wasn't going to get on the waiting list. she said she had literally thousands of pieces of paper. it's a failure of management. there's plenty of money there. they just need the right people in place. do a sweeping change. get rid of a bunch of people. >> greg, to that point, get rid of a bunch of people that would include the bureaucrats. how does it happen that a culture develops in an organization where they think it's okay to cheat and lie and on the backs of our veterans. >> if you ever read a russian novel you can't spell bureaucrat

without a rat. all these sins are out of greedy desires. the deaths are hidden because people want their jobs and their bonuses. it is like a -- it's a horrible russian novel, misery garden that's alive to feed bloated bureaucrats. remember the va was just another thing that obama was going to fix. but he's like the opposite of a handyman. everything he touches turns to liberalism. >> before i get to bob, i want to add one more thing. one of the reasons why the culture is as you point out. unions. 85% of the vas are unionized. >> you don't see the president being as vocal about this because it would undermine his signature achievement which is government-run health care. >> the other thing they say there's an investigation. when there's an investigation they can say we can't comment on it any more. you thought it was the worst scandal of the obama administration. >> things are worse. >> can you see any activity they are doing to try to get in front of it?

>> not as much as they should be. let me make a couple of points here. there are millions and millions and millions of visits by servicemen to the va every year. it's not hard to pick out these horror stories one. two, they said 1,000 people died in ten years. seven years under the bush administration, three under the obama administration. i don't believe for a second the obama administration or bush administration wanted to see people died. that means somewhere down the line, i think you shouldn't be giving performance bonuses for anything. this is not a obama issue per se. it wasn't a bush administration per se. it goes back to the time it was started. >> it's a government. it's a bureaucratic issue. a government expanse. >> you know how hard it is to fire a union worker. >> they are down to 8% of the workforce. >> i'm telling you somewhere

around 80% of the va is unionized. that's the culture. >> the reason this is happening and people are dying is not because of unions. >> there's no incentive. there's no competition. >> no incentive to do better. if you're failing at your job, you get rid of them. >> there was an incentive to do better if you covered up the number of people that were deceased or that there was a waiting list or the corruption. then you got the money. >> you got the performance review that got you the bonus. when we come back the minnesota legislature recently pass ad law outlawing the name asian carp because some said it's offensive. we'll break down the carp controversy.

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destroying the eco system of the great lakes gobbling up plantin like michael moore with scales. but it's the fish's name that's awful. they are called asian carp. look at that. in april minnesota state senate approved an amendment changing to it something that doesn't cast asian cultures in a negative light. the bill agencies sponsor a time waster named john hoffman explained that words hurt. >> our nation learned words nicknames matter often at great expense. i propose that we not allow the official use of asian carp, a termology to valued members of our society. >> john? they are called asian carp because they are from asia. i would call hoffman an ass but i know word hurt and i don't want donkeys to picket fnc.

the bill was signed in may and now the fish is officially known as invasive carp making them from invaseia. >> what about german measles. french kissing. mexican jumping beans. we're all from somewhere. can we lose all ethnic prefixes? i doubt that. if the fish are bad why not called them american. after all we really are the bad guys responsible for all war, global warming and katy perry. these fish devour everything in its path without considering the consequence. just call them democrats. i did that for you bob. bob, you got to agree this guy should be laughed out of town. >> these things are dangerous as hell. they got over here because they are brought over in fishing traulers, bringing live fish

from china to be processed here. these things are dangerous. they are from asia. you're right. you want to rename the black plague the purple plague? that's the thing that's more important. if you're a politician you're going to stand up there and defend the asian carp? i don't get it. >> eric, isn't it cool to be named something dangerous? >> all i can say black card hello, yellow tail hello, black race and what about white race. his name is john hoffman. is his next thing stop calling toilets johns. >> that's good. >> andrea, this is our obsession. changing language. >> when i saw it was minnesota let's see what's on the cover of the star tribune to see what other pressing issues are happening that this man isn't concerned with. floods. they are experiencing massive

floods. president obama is going there to blame the floods on global warming. so their priorities are pretty out of whack the democrats in minnesota. but i thought about this. what would be an accurate comparison. what about greek cheese. then rename it to something more offensive like stinky cheese. i think we should -- let's name it after the irish the fighting irish carp because irish people love it when you name things after them. >> it's like a guy who wants to beat you up. >> irish coffee. they don't care. >> before danny gets here. this is a serious matter. the fact this guy is making it almost an unserious matter these things are destroying, the fish in the great lakes. >> you are not suggesting the fish. >> that's what i mean. if they come up with a new poison for asian carp, call it the redskin carp.

>> there you go. >> dana, what eric is saying. we're seeing a war on language. it's not constructive. >> it's all relative. okay. so think of the chilean sea bass. they love it. look at us, we're called something that wasn't necessarily from chile, so what we really need to do is find out if asian carp is delicious. if so we can always turn the whole thing around. >> i eat chinese food all the time and it's made on 9th avenue. >> another way for the chinese to invade this country. dangerous single country we have to face in this world. now they scene their fish over here to screw up our fishing system. >> that's kind of a conspiracy. >> it is. >> next thing you know they will lose their emails. >> they don't have emails. they have little fingers.

how are they going to type emails. directly ahead, a singer makes a desperate plea to win back his wife. will robin thicke's new music video be enough for her to forget? that's next on "the five."

♪ robin thicke showed the world what a lady's man he is with that blurred lines video. so many western surprised when he and his wife split earlier this year amid allegations of the singer cheating. now he's on a mission to win back his ex-wife with an entire album dedicated to getting her back including a song "getter back." here's a clip.

♪ ♪ get you backing tonight okay. so dana, if your husband did something wrong not on the level of robin thicke but comparable would you take him back if he penned an entire album with songs like "love can grow back" and "you're my fantasy." >> if peter can make a music video like that, i would say knock himself out. that would be amazing. first, i love "blurred lines" as a song. the song he just wrote is average. he should just man up. this makes him look like not a lady's man, it makes him look pathetic. you can win back somebody by looking pathetic. >> can you win somebody back, you're trying to get some old lady back you're going to get a

broad jumping all over you. >> a lot of people haven't seen this picture. this is what got him into trouble. when he to blur it out. he was pointing but accidentally his finger slipped and in that blonde's skirt. what do you think? will it work? a lot of people say he's trying to make money off this cheating incident. >> i think so. he's going for that oh, look how nice. what a nice guy. let's flip the script here a little bit. adrian was in that picture and some guy had his hand where robin thicke had -- >> the sun don't shine. >> right. i'm not sure it would break up my marriage. i would have to have words with the guy. but i'm pretty sure -- >> are you kidding me? >> let's just say that was the tip of the iceberg. there were reports of him cheating and embarrassing her and actually fights it in this song where he says, she says i

kept trying to warn you, you're pushing me too far, i don't want to make love to you. bob you messed up a lot of times in this relationships. will this work? should she take it back. >> my advice to any guy cheating don't ever admit it because if you do they got it in the bank for the rest of your life. i used to say to guys if your wife walks in and you're in bed with somebody say her eyes are bad. never admit it let alone write a song about it with some slinky broad hanging on you >> you're more obsessed with robin thicke's father from "growing pains." >> the big thing about this video is what you were watching were actual pecks from his wife back and forth. he was texting his wife. that's the thing that's the strangest thing about it he put the texts up here. it's not about his wife at all. when you look at the video text

all the way to the end you find out it's about a different woman completely. ♪ >> he's apologizing for hating jasper. >> i'm glad you can dub very well. >> he can get jasper back with a peanut covered dog bone. up next president obama takes a dig at the united states saying we should be more like france and bob agrees. find out why moments away.

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♪ sorry. okay. i'm proud to be an american but when it comes to issues like workplace benefits including balancing family and jobs and getting paid for time off for the birth of a child some countries even france beat us. but don't just take my word for it, here's president obama. >> there's only one developed country in the world that does not offer paid maternity leave and that sues. that is not the list you want to be on. by your lone some. it's time to change that. because all americans should be able to afford to care for the family. other countries know how to do this. if france can figure this out we can figure it out. >> the french can't figure much out but and i'm sorry we used that as an example for those of you who share my disdain for the

french. even their women are ugly. they are. >> that's so untrue. >> it is true. but anyway here's the point. >> how about bridgett bardot. >> have you seen her now. we're the only developed country that doesn't pay women when they are pregnant and have babies. that's a shameful -- it's like a twhoirld country we're living in. >> no, it's not a third world. it's a first world country. why are we adopting the customs of the runner ups and losers. obama is mad at the cold war his side lost. >> the germans are not losers. would you. >> they are the runner up. the germans lost the last world war. >> and the first one and gave us hitler. but that's not the point. there are a lot of developed countries that do this and it makes sense. why not pay people? >> some companies are deciding to do that. the market is figuring it out. there are companies in america that are starting to say that

will be one of the perks of the job, it becomes a competitive issue. >> i suppose you have faith they all will do it? >> here's what happens. president obama yesterday decided to say we should be more like france in this respect. fran yesterday just told us it's likely will be in a full blown recession as of next week. unemployment rate is 10.4%. gdp per capita in france $35,000 in united states $53,000. they were a socialist party running the place who declared into law 75% tax rate. president obama has no idea what a free market capitalist system is. he knows how to redistribute wealth not create it. obama economics is an oxymoron. >> don't you think this makes sense? >> no. >> in greece they do it. >> look where greece is right now. that's not the right example. i lived in paris. most people think, the frerj know what they are doing because they spend time by the eiffel

tower. when you have even the "new york times" writing about the mass exodus leaving france it risks sliding in to economic sclerosis. you know you have a problem. everybody is equally miserable. when you look at the neighborhoods it's a very miserable situation. >> all these socialist countries where are they going? >> they are going to england. >> they tax a whole lot too. >> not 75%. >> there a club down. high cover. >> okay. one more thing is up next. and if i tap my geico app here i can pay my bill. tap it here, digital insurance id card.

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one more thing starting over. >> okay. so this just proves how stupid liberals in academia are. the koch brothers that liberals should love are trying to donate $10 million to brooklyn college which is p of new york and they said no. they would rather turn down $10 million in donation than have money from the koch brothers.

this is a state funded school. new york state not doing very well. instead of taking the donation to do good work they would rather have them keep their money. how stupid. >> all those kids that could get scholarships. >> your buddy would disagree. >> elvis presley who is my hero he had that, remember that big jump suit he had near the end when he weighed 350 pounds. see that one right there. that has sweat stains on it. all kind of stains interest. up for auction and going to go for at least $200,000. i wish i had the money to buy it. eric you do so buy it for me. >> 200 grand. >> sure. >> okay. can we move on? chris christie and i both played high school baseball. i went on to play pro baseball chris christie went into politics. probably two of good choice.

here's chris christie yesterday at yankee stadium, charity event. check it out. you got to say listen the guy is getting around pretty darn good. good job, chris christie. >> so the government really wants you to be healthy and you hear this all the time. they want you to exercise more and eat right. in d.c. last night in all of its wisdom, they pass ad yoga tax. this is a tax on wellness in d.c. to fund the city government. it's a new 6% sales tax on any personal trainer or exercise class that you want to go to and you know that old adage, the more you tax something the less you get of it. seems very short sighted to me. >> where is my yoga package? >> friday. >> on friday. >> isn't it the fittest city, d.c. >> tax it. >> exactly. >> they are taxing wellness. >> yep. >> that's insanity.

>> greg, you're up. >> you know, robots, they are coming for us. i.e. news anchors. not news anchors i'm just a gorgeous man but in japan they are creating the world's first news reading android. they are life like and do the news four. all i have to say is watch out bill hemmer, your days are numbered. i'll still hire you or maybe you can do some catalog work as an under wear model. >> i thought you would go with the whole cnn primetime lineup. do those things walk? >> bob there will be interesting things about them in a couple of years. >> they are working on it. >> that's all i got to say. >> greece beat ivory coast 2-1. >> i'm sorry. i care about team usa. >> first they won in 15 years. >> don't forget set your dvr so

you never ever miss another episode of "the five." "special report" coming up right now. did the irs break the law over the missing emails? one federal expert says yes. this is "special report." good evening welcome to washington. i'm bret baier. the search for truth about what happened to emails concerning the irs targeting of conservative groups today touched on the subject of legality. republicans have long claimed the irs violated the law. and as chief congressional correspondent mike emmanuel tells me even though federal workers say they may have crossed the line in