hello know i'm kimberly guilfoyle along with julie riginski, greg gutfeld dana perino in new york city and this is "the five." on the heels of two major scandals that could threaten her expected second bid for the white house, hillary clinton asked this question to a crowd of female democrats last night. >> don't you someday want to see a woman president of the united states of america? >> she's getting closer to making it official soon, but she's got a lot of explaining to do first about foreign donations her family's foundation accepted while she was secretary of state and also why she used a private

e-mail account to conduct government business throughout her tenure. did clinton violate any federal laws? gretchen carlson asked judge napolitano that question. >> if on her e-mails is classified information, say information about the raid to capture or kill osama bin laden, something of the highest level of classified, and she had that on her personal e-mails she arguably could be charged with the same crime for which the government announced this morning general petraeus will plead guilty which is the improper storage, improper removal, improper placement of classified materials. >> sounds like a legal problem to me. and when i was reading that julie tried to taunt me and said you wish. when i said is this the end of hillary. explain that comment. >> well listen, the clintons have suffered through 1 or 2 or 27 scandals in the past and still standing. i'm not minimizing this by the way.

i think this is pretty bad. and i think what she did unconscionable. you should have e-mails that all of us can read as part of your official capacity. but this is not the death nell of hillary clinton. this woman has been through the wringer. she will emerge. it will hurt her in the short term. i don't know if it's going to hurt her in the long term. >> okay. eric, you don't think this gave hillary clinton the proverbial cement boot? >> no. >> when she enters into the race officially. >> at this point, what does it matter? i'm just kidding. >> oh. >> even more concerning that she was using private e-mails was that they were all being stored on the clinton server. which means they could go back and they can conveniently find the ones they want and they don't want. now, it's not like they're without scandal. hillary clinton has been plagued by scandal for the better part of 30 years. we can go through a lot of them not even worth debating right now. so it's not like the first time she's seen some scandal.

so when it's a repetitive thing maybe there was a purposeful reason for doing what she did. i think judge has a very good point. if petraeus is going to get in trouble for typing some information to a girl who is writing a biography about him, yet she wasn't -- some of this stuff was classified hillary clinton has to have turned over some classified information to people other than at the state department. it has to have happened. there were too many correspondences. these contacting too many leaders too many outside corporations for none of it to be classified. she has to have the same violation. will they prosecute her the same way? will they go after her the same way? i doubt it. >> okay, dana so she's got some legal problems here quite clearly. then there's the issue of whether there's a double standard because they went after general petraeus aggressively. he did plead to a misdemeanor instead of a felony, but there is a serious suggestion that hillary engaged in felonious

conduct. not only that, violating the standards for the administration about retaining and preserving e-mails. >> right. so pickler of the a.p. just posted a story about the white house. and i thought their response is actually very interesting on two pont fronts. one joshua earnest has tried to put distance between hillary clint and the white house to say the obama administration guidelines are that anyone who is an official government employee of which she was has to use official government e-mail in order to conduct business. so i think that, okay, that's fine. the question, then is, though so no one at the white house was getting ingting e-mails from hillary clinton never said uh don't you think you should have a e.gov e-mail? to the national security adviser or the white house chief of staff, and that gets to that question again of character and judgment. maybe this won't be the precise scandal that brings them down but it's again like who does she surround herself with, and how does she -- she's a lawyer. she knows what the law is.

and every person at the state department, every year you have to get a briefing, just like you have briefings here at corporate briefings briefings, in the government you have an ethics briefing. part of that is the presidential records act which changed in 2009. so she was out of compliance with the law. now, some democrats are mad about the whole issue. they think it's indefensible. i called her earlier the secretary of indefensible. other democrats are mad because the clinton administration knew this was coming. or the clinton camp knew this was coming. but they did not have an ability to defend it well. so they're not mad about the indefensible. they're just mad about the defense of the indefensible which puts the pr people in a terrible position because it's actually not a public relations problem. this is a character and judgment problem. and it's possibly a legal one too. >> yeah but the problem is did they think it was better to do this and direct all the e-mails to their server at their personal residence than run the risk of e-mails coming back to

haunt her? did they think this would be a more insignificant scandal than perhaps if there was e-mails out there loose to turn over? >> that's what i don't get. at some point they must have said this is going to come out. it has to. you're the secretary of state. everything has to get archived. they must have known. and why put yourself in that situation? >> exactly. that's my point. >> the most important thing, the most concerning thing of this whole -- all the e-mail scandal going on i call it a scandal, is because do you know how it was discovered? do you know who unearthed the fact that hillary was using a private e-mail? the hackers discovered it before anyone else before anyone called attention to it. they were the first ones on it smoking gun, ran with it two years ago. more than two years ago. so they were actually putting a lot of state secrets at risk. >> she's lucky she didn't get double-teamed. that would have been rough. >> thanks. i noticed at the beginning of the show i thought it was kind of offensive the way you said on the heels of the scandal. >> yeah.

i'd like to take that back. >> what this is really about and what hillary's plan of attack will be that this is going to be about gender. this is yet another attack in order to prevent the first woman president. first you had bill that cheated on her. then you had obama who pushed her aside. and now e-mail. and you can't spell e-mail without male. and if i were here and said why didn't you use that e-mail, she'd say fe-mail. >> that's actually not bad. >> i think it's really good. the bottom line is that there's information that should be on government e-mail for purely security reasons. so basically she did the communicative equivalent of violating a monogamous relationship. she cheated on the government. she went somewhere else with her information. my guess is she probably used that old draft e-mail business where you don't actually -- you write e-mails. you put them in a draft. and then the other person who's on the server can look at the

draft e-mail too. so the e-mails are never actually sent. it's what -- i think what petraeus did. then you look at the long term for this. what about the historical record? people, you know, want to write about these years. but there's going to be a large historical gap because hillary did all of that privately and then got rid of it. whatever they hand over is going to be the very, very, very most boring stuff. there will be, like a picked-over sale on black friday at walmart. but i want to add this. >> it's like we're out of ink in the printer. >> yeah there's going to be nothing there. basically she ripped out the chapters of a history book of the years that she was secretary of state. it's like what stossel did when he ripped those pages out of those old "playgirls." >> exactly like that. >> but the clintons -- here's the other thing about this. >> we missed that. go to stossel like what just happened here? >> the clinton foundation has a person who's assigned to look through the e-mails and to decide which gets to get your

honor itted in. nobody that works at the clinton foundation should be allowed to look at official government e-mail. >> correct. huge problem. >> and they don't get to decide what is responsive to the government. the government gets to decide that. this is so shady. >> they turned the state department into like a neighborhood lemonade stand. come on and take a look. it's a huge problem. not only is julie supporting and helping the clintons and greg kind of helps hillary there, too, but the media is playing for her as well. take a listen. take a look. >> all of this says clinton is widely expected to make a run for the white house, which is why we turn to our cbs news political director john dickerson. john why is this story getting so much attention? >> it is not 100% clear to me whether or not this was a clear violation or a sense of caution on her part. we'll have to see more come out. >> "the times" story is imperfect. there are things in "the times" story are not flat-out wrong are

really misleading and unfair to the clintons. >> my goodness. with a media like that, gosh, you don't even need friends or big wealthy donors from outside foreign countries. >> but wait a second. msnbc is calling this a major crisis. you've got -- "the new york times" reported on this. this was a plot that the republicans should have found during the benghazi hearings and they didn't. >> a year ago. >> trey doughty is on it now. >> which raises the question why are they kicking her out of the plane now? because they don't think she can win and they're pushing her out. >> did you see "media matters"? >> yeah. >> go after "the new york" -- now, this is actually getting entertaining. media matters, the democrat talking megaphone for the white house is going after "the new york times," saying that they need to retract the story because they wrote it without enough sourcing, and they don't think that she actually violated any laws. "the new york times" stands by

their story. this is getting very interesting. >> you know what i love? you think there's some massive left-wing conspiracy and we all get on the phone and talk about what's coming next. >> you were on the phone earlier. >> i know. you busted me. because we all know what's secretly coming. >> i'm not telling you. i think there are people on your side of the fence that would rather have elizabeth warren. >> yep. >> and can't stand hillary. i would say there are people in the obama administration who can't stand hillary. meanwhile, the republicans are busy at cpac going after jeb bush. >> another thing on this, i think the interesting piece is that it's actually not uniform that the democrats or people in the media are kwenddefending her. if you look at thoughtful columnist ruth marcus -- >> that was nice. >> frank rooney, both writing that it is indefensible, but they don't understand why she would put herself in this position. the only explanation is that they were trying to hide it. i don't understand how they say that "the new york times" is wrong. the presidential records act is actually quite clear. >> very clear.

>> black and white. >> and updated in 2009. in 2009, right before she was sworn in it was very clearly stated. >> she probably voted on it. she probably voted to change the law. >> she had to be on the state department e-mail. she had to be and she didn't -- there had to be e-mails going from hillary clinton to the white house. by the way, are those e-mails now going to be public record? >> well there will be a question, right because they will try to say that they are privileged. or that they are part of dlib deliberateive process. this is the problem with this story. you can get way down into the weeds of the archivist presidential records act. that's why i think it's important to keep it at the top level which is she made a decision as the secretary of state third most powerful person in the government to defy the law to protect herself for future political ambitions. that's incredible. >> we'll leave it right there. game over, elizabeth's like, printing her new stationery.

>> yeah, elizabeth warren call your office. got an appointment. coming up obamacare is back on the line again as the supreme court hears new arguments on a case that could unravel the president's signature law. we go live to the supreme court next.

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♪ earlier today, there was another showdown at the supreme court about obamacare. the administration is trying to keep the law intact when it comes to who is eligible to get a subsidy to pay for obamacare but the plaintiffs disagreed saying that the plain reading of the law says that only people living in a state that has a health insurance exchange are allowed to get a subsidy. if they prevail that would mean that only 13 states and the district of columbia would qualify, and that has everyone wondering what will happen next. here's reaction from both sides following final arguments this morning. >> if this novel interpretation by the challengers is accepted by the supreme court it's going to be devastating for the consequences to americans and their health. >> decisions made here in washington directly affect middle-class families like ours, and we believe it's time that those who have been hurt by washington take a stand. there is no reason to force

millions of us to pay tax penalties if we don't join a government program. >> let's bring in shannon breen who was inside the supreme court earlier today. what did you witness today? >> reporter: dana, it all comes down to that phrase that those subsidyies of those people who bought a health plan set up by the state. of course there were those who said listen you've got to look at the context. i'm not getting arrested, by the way that i know of. it was spicy inside the court as there was a lot of back and forth. chief among them, ellenena kagan said we've got to look at this in context, the entire law. she said you can't just take that phrase it doesn't make sense. we want to take it all together. on the other side you had folks like justice antonin scalia who said, listen, it doesn't matter how it impacts the rest of the law. if there is a reasonable unambiguous way to read that

phrase, it doesn't matter how it impacts the rest of the law. we have to interpret it the way that it's to be interpreted, which is the plain language. so there were those who are very important to this vote. probably the chief justice, john roberts, and swing vote, justice kennedy, but we won't know until june. >> this affects 7 million people, if i'm not mistaken, is that right? >> reporter: yeah, and that is something that came up today because there were justices who talked about, well, what do we do? we know that this is going to have a big impact. and that's the one thing that both sides agree on. it could really have a bad impact on individuals and on the law as a whole. but there were others on the bench who said listen that's not our problem. if congress rushed this through, didn't write it well, didn't draft it correctly, that's not our problem. they are going to have to fix it, and there are those across the hill here across the street from the supreme court who say we do have a plan. gop lawmakers and senators who stepped forward to say we do have a plan. we won't let anybody go without

coverage. if the government loses, we will make sure those people keep their health care in one form or another. >> hi, katherine. it must have been an exciting day for you in court. i was there. i'm curious most about justice roberts because we know that he was the deciding factor last time. he usually, you know, keeps it pretty close to the vest. but could you get as a lawyer any read by the questions he was asking how he might be thinking on this? >> reporter: you know, he was really quiet today which is a bit unusual for him in a really big case like this. he didn't have a lot to say. on the other hand, justice kennedy who we now know was always on the side of the conservatives with regard to the obamacare case back in 2012. it was the chief who was going back and forth. today justice kennedy was very chatty. out of the gate he said to the plaintiffs, those who are challenging these subsidies, he said if we decide for you, there's going to be a serious constitutional problem here. but also at the end of the arguments, he was hard on the government. he said, if this is unambiguous,

why give all this power to the irs to dole out billions in subsidies if the language has an interpretation that may go a different direction? >> that's a key point. >> i'll ask you one more and then go to greg. you said there were a lot of lawmakers who actually went today. >> reporter: yeah. >> i think that's pretty unusual. but former speaker pelosi was there, paul ryan was there. why did they show up? >> reporter: well, it's interesting because so many of these people had a hand in either fighting to get the law passed or fighting to stop it from getting passed. of course, nancy pelosi was the speaker when it was passed, and also famously said we have to pass it to find out what's in it and see how it's going to be interpreted. some of those things came up today. there was a point when i believe it was justice scalia who said listen, this thing was passed in such a hurry. maybe some things were missed. that's not our problem. he talked about rushing it through and then finding out what was in it. and i had to take a peek at pelosi because she was sitting just a few feet away from me trying to gauge any kind of reaction from her. all of them were stoic.

several of them were there including hhs secretary cynthia burwell. also former hhs secretary kathleen sebelius, she was sitting there, too, and i think she had to be thinking about her legacy. >> greg. >> shannon good to see you again, as always. i have an observation for viewers some advice for politicians, and then a question for you. first the observation. this is about subsidies and subsidies, let's face it, it's boring. nobody is listening. and boring things kill you. that's the problem. boring things kill you. and the left counts on people tuning out when you start talking about boring stuff. my advice is it's time to co-opt the left. when the left wants something, they say it's broken. foreign policy is broken. health care is broken. let's fix it. so the only way to combat this is to say that obamacare is broken, and we need a new program called no obamacare now, my question to you is how

is ruth bader ginsburg? >> reporter: she was lively. she was right out of the gate. and i guess what you're proposing is no obamacare is what you're going to be calling it. that's not something that i think justice ginsburg would go along with. she was right out of the gate. the plaintiffs' attorney went first. she was immediately on to him saying there's, you know, sort of no way that we can interpret it the way you're asking us to. it doesn't make any sense. of course, congress intended for everybody to get these subsidies. the law doesn't work otherwise. there was one point, though, when there was some whispering among the lawmakers. and i looked over to kind of see what they were talking about, and they were gesturing at justice ginsburg because sometimes it is hard to tell if she's fully engaged because her head was down a little bit. i'm going to give her the benefit of the doubt that she was reading, but some of those lawmakers felt like she may have dozed off. >> last question. >> the solicitor general got a rash of trouble last time he argued an aca case in front of

the court. how did he do today? did he rehabilitate himself as a lawyer lawyer? >> reporter: he seemed very confident. he seemed very confident, very able. no stumbling, no coughing and that stuff we saw that he took so much heat for during the original obamacare case. he seemed calm cool and collected today. >> all right. shannon, thank you for joining us. >> reporter: have a good unwith. coming up, a weasel a woodpecker and the iranian nuclear crisis. we'll explain coming up. >> you read that.

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look how that sweet little birdie is giving a ride to this adorable, distressed woodland creature. this is how the world should work. everyone helping each other out regardless of differences, cats and dogs, lions and lambs, weasels and woodpeckers. if only we could learn from our wildlife buddies. how about it israel and iran, russia and ukraine, isis and everybody. except that's not what this picture is really about. that bird is actually fighting for its life after this weasel has embraced its next meal. weasels do this all the time. they'll eat anything birds, rabbits, other weasels. if they're drunk like michael moore on a moon pie, that weasel is going to devour the bird the moment it lands and it's going to be slow, brutal and ugly like a date with keith olbermann. so what you're looking at now in the air that bird is the west. the weasel fill in the blanks. it could be iran russia cat stevens. and as played by nature's remorseless hand they're doing

exactly what you'd expect them to. and as we watch we realize that naivety is a luxury when you're far, far away from the threat you know nothing about. it's one thing for iran to eat our lunch. it's another thing if that lunch is you. >> oh, wow. i thought they were mating. >> that's disgusting! not in my world, k.g. they're separate. once that happens i'm moving to texas. where you'll get shot for that sort of thing. weasels and woodpeckers together? huh-uh. i'm okay with gay marriage, okay? don't get me wrong, but weasels -- i draw the line at weasels and woodpeckers. >> it's a slippery slope, you know. >> i've been saying this forever, it's a slippery slope. cats and dogs. all right. >> wow. >> wow, where am i? i know where to go. dana. it seems to me that the message here is that president obama is more willing to talk to the weasels than to his fellow birds. >> i think that you're right. >> thank you.

>> full disclosure, i got to see a draft of that earlier and i've been laughing about it all day. all on social media, people have been posting and reposting this amazing picture. and the only person in the world who could look at it like you, i thought it was a really good point. the thing is is you don't even realize that the weasel on your back is about to destroy you. >> that's the moral of the story? >> but when you're far away eric, when you're president obama, you can think oh look at them, they're working together. >> aren't they adorable? >> they're a team. >> come on buddy get on my back. so obama iswoodpecker. >> i would say we're the woodpecker. or israel is the woodpecker. >> and putin's the weasel. the mullahs in iran are the weasel. i mean isis -- there are a whole slew of weasels out there. >> exactly. >> and the thing about the woodpecker is you can't see who's on your back. >> exactly. >> for all he knows, it could be another woodpecker. >> it could be. >> they think that the weasel needs a job. that's the problem.

they're carrying him to the employment office. they're going to give him some options. they've got a little resume folded up in the pocket. >> yeah. >> i want to know what your problem with cat stevens is. i draw the line with cat stevens. >> because he was okay with the killing of what's his face? sal salman rushdie. he was okay with that. >> that was like, 30 years ago. come on. that was, like, ancient history. there's new ones. >> by the way, this picture created quite a stir. and some memes. my favorite picture came up. this is delightful. >> so many of those. >> i know. i like that one. >> is that a little putin? >> yes, a little putin. by the way, that's actual size. >> did you photoshop that yourself? that's awesome. >> no, i found that. by the way i want to run this and then maybe k.g. there's a sound on tape of critics of bibi netanyahu's speech. and there's an interesting that happens in this. roll that. >> on the core issue which is

how do we prevent iran from obtaining a nuclear weapon? the prime minister didn't offer any viable alternatives. >> what i heard today felt to me like an effort to stampede the united states into war once again. >> it was a very dark strangelovian speech painting a picture of a distopian world. >> he tried to come into the united states and change foreign policy. >> somebody ought to. nobody's at the wheel. >> when she said stranglovian, she talking about dr. strangelove. doesn't she realize that's probably the wrong comparison for this? >> it's the wrong comparison absolutely. and he's on the money about this. and even air press was quite excited in terms of their praise and thought that he did a great job and that he gets it and that he conveyed the message that needs to be conveyed about the seriousness of iran becoming nuclear. so you know what?

i'm all in on bibi netanyahu. call vegas. >> all right. excellent. that was fun. ahead on "the five," the story behind the dress, the people behind the internet phenomenon that divided the world describe how it all started.

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♪ welcome back. time for -- "the fastest 7 minutes on television." three stories, seven lively minutes, one loquacious host. >> luring? >> luring. >> what does that mean? >> i think alluring. >> luring. >> you can look in the break. luring is also a word. >> we're doing it for you. >> it's a verb. he's using it alluring like an adjective. >> you're luring somebody. like you're getting a little kid to come to your house. >> it's an adjective. don't yell at me. first up former major league

baseball player curt schilling was a proud dad when he announced on twitter his daughter was going to college and would play softball. he was met with sexually explicit tweets, some even showing reference to race. he got fired up and penned an op-ed outing the name of the twitter fools. now two have been fired from their jobs after being exposed. shaun mcdonald was fired from the yankees and adam nigel was fired from a community college. here's the big leaguer in his own words describing the social media abuse. >> no one in the world deserves to be talked to like that. number two is part of this is criminal. there are laws that are broken which i'm pursuing. my daughter is a minor at 17 years old. >> what was your daughter's response? >> she was devastated. i mean this is one of the most exciting days of her life. and now she's of the mind that she may not be able to go to college there. >> all right. we'll bring it around, k.g. forget about the legal aspect.

talk about the parent aspect. >> yeah, i love a father like this or a mother for that matter that's not afraid to stand up, take some names, kick some you know what, big ol'yeah, big time. i love it. you have to have some consequences for actions like this. so i hope it makes other people think about doing this afraid. >> we talk a lot about people who hide behind their twitter name. >> yeah. >> anonymous twitter names and get very aggressive. he went further. he found out who these people were. >> amazing. >> you know, it's -- it's so easy to take great pleasure in this because we've all wanted to do this. because the thing is when you put something out on twitter, and he put something out about his daughter, how he didn't know that there are creeps out there twitter is a giant bathroom wall that is there, visible and eternal. and kudos to him for tracking down the people who wrote on the bathroom wall and screwing their lives over, because he did. those guys lost their jobs. >> good. >> twitter magnifies the diverse between relative and stranger.

nobody ever thinks when they're saying something vile that that could be somebody's daughter or my daughter. that can be the problem with anonymity feel thinking. >> can we also say kudos to these organizations with no tolerance. immediately, you guys are gone. >> when you are the target of these kind of things and people in the public eye are, right? so you can kind of grow a thick skin and ignore them tell your mom not to look at twitter, whatever. sometimes you need a defender. so that might be a friend, a colleague, sometimes ask greg, like can you go beat that guy up? >> and i do. >> and he just messes with their minds. but going after them to the employer, i think this is also a very interesting thing about how employers are dealing with employees in the world of social media to another layer. they weren't doing it in their official capacity but they are connected to the company and the company says you're out of here. that's just another way to get fired. >> good heads up to everyone out there, the twitter trolls. >> i'd say this was a diehard yankee fan, but good for curt

schilling. good for him to do this. you know you're so right because people, i think, when they tweet you, they don't think you're a real person. they think you're just some person they see on tv or playing a baseball game. >> you're in the public eye. >> you're in the public eye. >> you're okay. >> he took a bat to them. i love that. >> i love that. by the way, where she's going to the grade school she should go. go. up next, the dress that won't go away. you know, blue and black or white and gold. turns out our producers love this story so much, they want to show the people who started this crazy viral debate that almost broke the internet. grace mcphee and kir johnston appeared on "ellen" yesterday. >> your mother sends you a dress to wear at your wedding, right? >> yes. she sent me three photos of three different dresses. i said which one is it? which one do you like best? she said the third one. i said oh, the gold one. and she said no, the blue and black one. and i said no mum, that's white and gold. if you think it's blue and black, you need to go to the

doctor. >> i don't get the gold and white. >> i don't get the blue and black. >> really? >> i see it now. you're right. all day long, that's white and gold. >> let's start on this end. >> two things, clearly this is islamophobic. why can't it be a burqa? i'm sorry i see decades and decades of sexism heteroabuse. >> i think that no one ever looks good in stripes. >> ever. i went with white and gold. >> well, it looks blue there now, right? now it's moving over. there's blue and then the next one rolling up is white and gold, right? >> you weren't here last friday, were you? >> i don't think so. >> when we talked about it the first time. your thoughts on this controversy. >> i'm so over it. >> that's perfect. that's perfect. now we have this one. finally, a few weeks ago, we told you about this. "the conan o'brien show"

traveled to cuba to take the first talk show since jack paar hosted "the tonight show" 56 years ago. here's a clip which will air tonight on pbs. >> we have an incredible show. isn't that right, cuban andy? >> programme. si? and one two, three. five, six and seven. ♪ >> now, julie, the minute the obama administration announced kind of the lifting of some of the sanctions on cuba, conan announced that day he was going to head to cuba. >> this is going to be, like, miami circa -- this is going to be like "godfather," the minute the castros die it's going to be "godfather" and "godfather ii." good for conan o'brien. the more they get exposed to

american culture, the more they realize what's going on in their country, the more they realize it's terrible. >> good idea for conan? >> yes, i think it's fun, and my god he can dance. >> he did well. >> i thought he was very good. >> thoughts on the first cuba -- >> i'm so happy for all the dissidents that get to look at this, frickin' commies. >> bleep. >> i talked to the bosses at "the five," and we have been approved to do a live show at the newark comfort sweets. swark comfort sweets. suites. >> there's no way they approved that. >> as long as we take public transportation. we have to use the senior cards that we're getting from the second floor. by the way, it was a mistake. they were supposed to have cuba gooding on. >> very good. thoughts on the cuba -- forget that. thoughts on conan going to cuba. >> okay. i think if america is going to go down this road, changing its foreign policy, then i do think that cultural exchanges or cultural exposure is probably the most effective way.

however, it has to be coupled with some real honesty about what happens to people there and their political oppression. we have to be able to point out to them that when you are, as a tourist, go to cuba and you pay in dollars the people that work there are paid then, in pesos. and i think a constant reity race of that is really important. but if we are going down this road i like the cultural stuff. >> very good. they're wrapping me. there's a lot more to that. maybe we can talk about that tomorrow. all right. they let their 6 and 10-year-olds walk home alone from the park thato teach them independence. now a couple in maryland are being accused of child neglect next.

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can parents be the judge of when a kid is allowed to walk alone. a mom and dad responsible for neglect for letting 10 year old and 6 year old walk alone from the playground in december. the mom said she intends to appeal. i love this story because when i was 7 or 8 i grew up in the bronx my dad would send me to

the bodegga for cigarettes. and nobody worried about it. it's a joke. don't kill me. but he didn't really worry. i think my parents trusted me. i have a two year old. a lotf opeople think i'm nuts because i let him run weend and if he falls he falls. you have a son. he is 16. what does he think of this? >> i love the idea of parents having the right to parent the way they want. when eric was 6 years old. he was in tj max and got into the clothes racks. there is protocol. i was never so scared in my life. he was five feet away from me. from that moment forward there was never a moment that we didn't have our eyes on him. >> abducted by a clothes rack? >> it was funny like that was funny but i thought of the

things that can go wrong a mile away from home with a 6 year old walking into the traffic. they called it child neglect. they got cited it for it. >> what do you think? >> no chance. my kid can't go to school with his hair curly. i have to slick it down and cut it because it disrupts the class because the girls want to touch it. i can't send him a mile away. no way. not in new york city. maybe this is super innocence lives somewhere. not as a former prosecutor. >> you and i live about four or five blocks away. what do you think? >> would you let him run around? a dog is different. you never let him out of your sight. the worry is that i think a mile is a long way for a 10 year old and 6 year old. i think the parents can make their own decision. i think parents are starting to make decisions more worried

about not what is going to happen to the kids but their neighbors are going to call the government on them and that their kids might be taken away. i think it is coming at it from two angles. >> greg? >> nearly all child abductions are done by people that the child knows. we have been so guilty of stranger shaming. because a middle aged talk show host likes to use the neighborhood park slide at lunch time i am the threat. i'm tired of it. >> you fit on those slides? >> yes. i can go through the tube. >> "one more thing" is up next.

it's time for "one more thing." >> i haven't banned a phrase. blowing up. people keep using this phrase when something is happening on twitter. they go it's blowing up on twitter. twitter is not real life. nothing is actually blowing up. you should only be blowing up beach wraps and dolls. enough. >> that was weird. >> you're weird. >> blow up dolls? anyway. i wonder what yours looks like. >> kimberly guilfoyle 300. >> i have a nice clean "one more

thing." the lost art of handwriting. a lot of schools don't bother teaching cursive writing. >> outrage. >> now there is scientific reason the schools should start doing this and parents should demand it. it helps you integrate knowledge it you know how to do cursive. it teaches you how to write better. >> why isn't that in cursive? >> we want people to be able to read it. and then you learn better if you write it down. cognitive development and creativity and inspires -- reduces distractions. >> you just got distracted. >> i'm having a problem with my eyes. >> you can't read it. >> i love cursive writing. everyone should know how to do it and it is nice when you send a thank you note. >> what do you have? >> jimmy fallon got bullied by a 12 year old yesterday. >> if you want to be funny and cool you will get on your desk

right now and dance. audience, if he decides not to do it chant you are not cool until he does, please. >> you're not cool. you're not cool. ♪ >> so greg, i'm not going to be here tomorrow but i'm going to say i have a challenge for you. you are notcool, my friend. >> dance on the table. >> i do that every night. >> go. >> now? >> so priest accepting confessions over snap chat. when i went to iphone 6 i lost all my snap chat followers. >> it's amazing. >> that was the old one. >> my "one more thing" is that

is it for us. "special report" is next. this is a fox news alert. i'm bret baier in washington. the controversy over hillary clinton's e-mails is growing tonight. moments ago we learned the house select committee on benghazi will subpoena all relevant e-mails about the libya disaster and is sending a preservation letter. carl cameron looks at the lists of problems. we begin with the matter of a private e-mail account and private server for a very public official. >> in a statement released within the half hour the select commi