osey-goosey on the rules. we'll crunch some of the numbers and take a look at an anniversary today. what were you doing 15 years ago today? i'll give you a hint, it was a big day for a certain market. all the details three hours from now on fbn. >> hello, everyone. i'm greg gutfeld. this is "the five." ♪ did you think yesterday's press conference helped hillary? then you think the iceberg helped the titanic. >> i opted for convenience, because i thought it would be easier to carry just one device for my work and personal e-mails instead of two. >> that voice, it's like a joy buzzer minus the boy. a whoopee cushion minus the air and minus the truth, as well. didn't she once say she carried

four? did she lose them? unlike her husband, i guess she can't juggle. speaking of bill -- >> the server contains personal communications from my husband and me, and i believe i have met all of my responsibilities. >> so she got e-mails from her husband? but he claims he only sent two e-mails in his entire life. so hillary must be lying, because bill did not have text with that woman. and no surprise, even the main stream media thinks she's on the hotseat. >> the former secretary of state answering questions about the private e-mail controversy. >> but she may have raised more questions than she answered. >> i opted for convenience is not something that you want to hear from the clintons. >> so how long before she blames that on a vast left wing conspiracy? thank god she still has captain crazy hair to back her up. >> americans who are tuning in

saw the hillary clinton that they like. the hillary clinton they trust. >> mmm. i'll have what he's smoking and blow drying. then there's the funniest costello since lou. >> people should trust her, she turned over half the e-mails in question. the state departments were hacked. hillary clinton's server at home was never hacked and there was never any security information leaked. >> amazing. we here at "the five" saw something else. we saw hillary. she's the angry lady who sends her meals back three times in a fancy restaurant. she's the rich old lady in a movie boarding a cruise ship barking orders, and when caught she won't make eye contact, she just moves on. but here she can't, not anymore. everyone is trying to blame someone else, but deep down

inside it's her. she ruined all the big plans. her staff was measuring drapes, and bill had already picked out the blondes. and now it's all crumbling because no one had the guts to tell madame secretary what she can or can't do. weirder still, she still wants to be president but not want to do the job. she likes the limelight but not the labor. can anyone including her articulate her vision for the country? is that why she clings so desperately to gender equality? >> we need a strong goal on gender equality, and we need to integrate gender equality throughout all of the goals of the global, sustainable development goals. >> all the nice buzz words. but it's not a bold division for a divided country. to pair it something you heard from an actress, how lazy, how entitled. americans need something to look ahead to know where we're going.

she's the past, and boy, do we need to stop living in it. so kg -- >> yes. >> i open it up to you. >> i'm going to tell you, the last line says it all, she's in the past. you're right on with that point. the rest was not bad, but that was the best part. hillary does represent everything people dislike about politics, about washington about insiders about influenced peddling. inappropriate relationships with other countries hoping to have influence on the policy of the united states of america. and the arrogance saying oh, look, this was convenient for me. the confusion with the new math, is it one, two, three, is it four devices, the confusion about how many e-mails her husband was sending to her. shouldn't people out there voting expect better, expect more honesty, integrity, transparency that we've been promised for so long?

this is very disturbing. i don't think what she did and said yesterday helped. it just hurt her further. elizabeth warren, you go girl. >> juan you said her candidacy is over. i was shocked. >> i was shocked i said that, too. >> i'm lying. >> i'm impressed by your monologue, because there is no smoking gun right? the fact is, she didn't break the law. >> it's a smoking arsenal. >> but the fact is -- >> you don't know she didn't break the law. >> i do know she didn't break the law. what's interesting is i like the image of the fancy image of her. but when it comes to the idea this is going to derail hillary clinton, all the republicans pile on oh we can't stand her. you look at the numbers, every

poll her has her as a titan among democrats. >> that's like being the tallest guy in a little person contest. >> there's no republican candidate that comes close. >> maybe at this point in time but the jury is still out whether or not she broke the law. and there's strong implications to suggest that she did. >> how are you going to prove it? she deleted the e-mails. >> that's my son's logic. >> that's craziness. >> i'll say, you shouldn't have done that. he'll say dad i didn't get caught. she may have broken the law. a couple things very quickly. we don't know if she was hacked. we have no idea if she was hacked yet. just because they're not on "the five" or sitting on some website, we don't know if someone has those or has seen

those. the ap reported something very important today. during hillary clinton's term as secretary of state, there were over a billion e-mails sent out of the state department, a billion. yet they've only parked 61,000 for public record. so i did some homework and asked them, how do they figure out which e-mails which agency decides to mark for public record? the bottom line is it's the honor system. so each agency is required to go through the e-mail saying that's public record, no, that's not. the ones that aren't public record they're gone. they can go away. you may never ever see those. out of a billion that were sent 1 billion only 61,000 during her term. and it points out a huge hole that under foya and the federal reference act we're relying on a few people in the country that are going to decide what will be

records going forward. >> and her own personal attorney is deciding what they want to turn over. i want to see the yoga schedule. who is she doing yoga with? >> especially if there's hot yoga. >> help me, what is hot yoga? >> subject matter hot yoga and -- >> with china, with -- >> can i play this from trey gowdy? let's do this, america. >> someone who just solely calls balls and strikes, a retired federal judge a retired archivist a woman or than with no political leanings whatsoever. just someone we can all say that is a trustworthy person to determine -- if this is really about yoga, she doesn't get to make that call. we don't grade our own papers in

life. we don't call fouls on ourself in the nba. we don't call holding on ourself in football. she doesn't get to make that call. >> dana, her entire e-mail server, everything should be handed over. >> she said yesterday for convenience, she decided to put it on her personal e-mail. she could have made the decision to do all of her e-mail on a government account. that would be within the law. trey gowdy i think, is proving himself to be this measured chairman. he is asking for information. he's not a blow hard. he's very experienced and i would suggest that the republicans tuck in behind him and let this go forward. it's not just trey gowdy and the republicans asking questions or democrats worrying about the politics. today you had a major lawsuit filed by the associated press to the state department asking for those e-mails because they have

been stone walled for years. and now we find out it's not just that hillary clinton used personal e-mail, but top staffers. top staffers don't need to be e-mailing about yoga with the secretary of state and then withholding. i think this whole episode has started to pull hillary clinton closer into president obama. she was trying to make a little independent road, you looked at "hard choices," her book, she said i disagreed with him on these things, she's trying to send signals she would unite the country and be a centrist. i think the obama camp is saying, if we're going to have to defend you, then you are going to help us. that started yesterday with iran. >> i think it pulls her closer to bill clinton. if people start thinking about, i didn't have sex with that woman -- >> i think she was at the heart of the -- >> that's what this is reminding

people of. that's the issue. but my point to you, and i want to hear what you have to say. that's what people say will take us back to the '90s and it's like a nightmare, not a dream. but my point to you dana what law did she break? apparently she's going to get away with it and you're lament about request, foi request, they're terrible. they don't give up anything. >> first of all, the fact that they only marked 61000 out of a billion is a big problem. but once you do ask for it there's another process where a guy literally goes through files. >> and you never know what he just found. >> the problem is, they don't even have her e-mails to look through. >> correct. she has outsnookered us. >> maybe. let some of these e-mails turn

up and she's -- >> somebody is -- >> listen -- >> this is a conspiracy theory. >> i'll tell you what remove the antennas and prove me wrong. >> she has tried to put the burden of proof on me. >> listen, what she did was wrong. >> she outsmarted us. >> we know what she did was wrong and illegal. she broke -- >> it was not illegal. >> you don't know that juan. >> we don't know. >> when you delete evidence, you break the law. >> as a government employee, you have to do official government business on a government server. you can use personal e-mail -- >> that's now. >> no, no.

in 1995 guidelines said the state department was do that. and in 2005 and 2009 and in 2013. so just to say, well she outsnookered us. no she did something fundamentally wrong. she wants to be commander in chief, and it goes to her character and judgment. we may never see those e-mails but that also works against her, because we can all imagine there's something in there that is shady. >> she's also obstructing the whole investigation. 55,000 pages, and she's like, have at it. instead of turning it over on a device where she could do active searches and the fact that she's concealing what could be a crime. why did she delete them? >> nobody deletes personal

e-mails. you don't delete personal conversations. >> even if you do delete them, they stay on the server. if you want to go after her, subpoena the servers. you can't foya personal stuff, so you want to do it, you have to bring a lawsuit directly against her. >> i just keep saying, what is the law she broke? dana says, well, it was unethical and it looks shady. oh yeah, it looked kind of weird. and i say yeah, i think she's acting like a princess and entitled. but did she break the law? >> you should watch "the kelly file" tonight because shannon kaufman is going to be on talking about another law she may have broken, there's a form you have to sign that says i

turned over everything when you leave government. she didn't do that. >> bill turned over everything. all right, we've got to go. we have to think about the children. what about the children that have been let down by hillary? coming up, if hillary's chances at the white house are ruined, which democrat will take her place? next.

♪ addressed the controversy surrounding her private e-mail account during her time at the state department but that has. stopped the mounting criticism from the left. here's lawrence o'donnell and kirsten powers. >> i can understand why she might have thought that's more convenient, but convenience is not a choice you have in government. she had a regulation. >> what has to happen, if we want to be able to trust her is for there to be some sort of independent analysis of these e-mails. it's just not reasonable for her to think she can say i'm going to decide and you have to believe me. i do find this to be extremely disturbing. >> so do democrats have to face the fact that their biggest heroes let them down ahead of 2016? the polls juan, show support

amongst her is at 86% with democrats. that's partly because they don't know of any other option at this point. it's only been hillary for eight years. >> people like joe biden, the president. but doesn't compare to hillary. it comes back to what's been said at this table. i think you guys are on the money. if you think of barack obama as the first black president hillary clinton as the first woman president. i know lots of people who said it should have been hillary's turn last time. >> especially after the disappointment. >> i'll leave that to you. >> i'm talking about the democrats who wanted -- >> i am just saying, right now the reason that you don't get an elizabeth warren or anybody else, because everyone says she's invincible. she's like an ace pitcher and

you know if you can get to your ace, you can win this game. and the republicans have nobody to match her. >> eric, you would never have placed all your money on her, right? >> on hillary to win? >> yeah. wouldn't you spread it around a little bit? >> i'm trying to figure out why is it so important to have a first. why how about the most qualified? what about the first black female president of the united states. >> condi rice! >> she's never going to run. >> we stalked about this last year. >> i just want to be a realist. >> can we just throw it out there so many people, so many qualified women in the country. do we have to go down the path with someone with so much scandal surrounding her. >> maybe it's good thing for

republicans if hillary clinton is the nominee. >> why is that? >> because she's so damaged. >> i'm sad because i think she can still win despite the damage. look, i would love to have a female president, for sure. i think it would be fantastic. i dream about it. >> are you running? >> i am not. >> kimberly for president, i like that. >> why hillary? it should be somebody that earns it on all the merits. i would have liked to seen her get it last time over barack obama. she had more experience at that point the whole deal. now the democrats want this as their legacy. they want to be the party that has the first black president the first female president. they want to own that. that has to be their legacy. >> greg, are you for elizabeth warren getting in? why not just try. >> because hillary suffers from an unusual problem. the more you know, the less you like. the last two presidents, no matter how much of an ideal log,

you might have hated obama and bush, but you know if you sat next to them on a bush you would like them and get along. hillary would throw you off the bus. it's a perfect opportunity for republicans. they're reversing the old guard strategy that worked against john mccain. mccain was a bona fide war hero but the left painted him as a doddering old man from the past and it worked. >> look at him now, he's still going strong. >> republicans need to find somebody who is young and charismatic, who can, just by comparison, make hillary look irrelevant and from another age. >> who is that? >> the more i think about it the best speaker is rubio. he's the best speaker. of all the group i think there's scott walker, who is brave. >> skywalker.

>> but i don't know, you know what i mean? anything is a better option. i think this is all a conspiracy to get michelle obama to run. michelle obama with chelsea clinton as vp. >> chelsea clinton? >> that would match the first female black president. >> that hillary or this bush. >> hit hillary now so you can snuggle up later. >> what? >> right now the investigations are going on now, so later you don't have to investigate her. >> i was with charles krauthammer yesterday. he said that also. here's why democrats are really nervous. she ran such a bad campaign in 2008. and you made a point that david axelrod makes all the time, which is what is her campaign about? oh, she's the first woman. this is your point.

>> that's it, juan. she's the first woman and they have a lot of money. she hasn't proven herself anywhere to be qualified or a leader. >> you're right. you know what? you're saying something on behalf of women. don't vote for her just because she's a woman. that's not helping any of us. it really isn't. >> even a republican woman. >> what? i don't want anybody to cast a vote just because it's a woman do it because it's the best candidate that is well prepared and equipped and a person of integrity that will be respected domestically and internationally. >> republicans could solve this by running bruce jenner. he's a republican. >> on that note, we're going to go. ahead on "the five," despite claims the obama administration is now acknowledging that isis is spreading. so how do we stop them? find out what some top administration officials told

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♪ referred to them as jv but ash carter had a much more stern warning. >> isil as an organization, is likely to evolve strategically. morphing, rebranding, and associating with other terrorist groups while continuing to threaten the united states and our allies. the proposal aomf does not include any geographical restrictions. >> now that they're spreading how can we defeat them? general dempsey warns while iran might be helping now, they might hurt us in the long run.

>> i think there's general consensus in our own forces and the coalition partners that anything anyone does to counter isil is in the main a good outcome. in other words, the activities of the iranians to support for the iraqi security forces is a positive thing in military terms against isil. but we are all concerned about what happens after the drums stop beating. >> so a change in tone, and a now a change in communication, dana. >> i like the new defense secretary ash carter and i feel like he's the right defense secretary at the right time. i hope like the previous defense secretaries that left and complained that they were micromanaged, that they will listen to him. at this moment, he seems quite independent and able to be clear-eyed about the situation and identifying the problems and

determine to try to set up the government, our government regardless of the presidency, in a position to defeat or at least severely degrade isis before the next president takes over. >> all right. greg, what do you think good commentary? >> i like his name, ashton carter. it's a great boy band name. there's no question about support. for destroying isis. the question really is about strategy. the think that i worry about president obama, he's consumed and obsessed with timetables. but timetables our enemies don't have them. >> or sunsets. >> ten years means nothing to iran. for isis, there is no timetable when you're dealing with the end of times, the apocalypse. they think the world is going to end, so they don't care. so i worry when our strategy is tied to years, we're just telling our enemies we'll wait it out, which they do. they have waited us out.

>> they have the patience for sure. where do we go from here? >> something happened on the hill today, john kerry said in front of congress, we have the capacity to knock out isil, but we're not going to get suckered into that. now that would make a lot of sense. >> got to love it. >> timetables three years doesn't matter to isis they got three decades, three centuries. they want to end the world. we have the capacity to knock out isil, but we're not going to get suckered into that. we're doing 13 air strikes a day in syria and iraq against isis. when the first month of the gulf war, we did 2500 per day. now we're doing 13. so they're just playing games. this is all politics. they're just waiting it out until the end of the obama administration and someone in charge can take over whether it's hillary who will bomb the

hell out of them or a republican who will say they're a threat to america and go ahead and do it. >> general bolling, a quick question, are you sending -- >> we're not getting suckered into defeating isis. >> you want to send troops in? >> i want to win. >> this is a containment strategy. i don't think it's going all that badly. but let me just say, this hearing today was about authorization for the use of military force. and i tell you what's shocking to me, democrats and republicans in this congress have failed to fact on a request from the white house that i think is now two months old. >> please. >> and republicans why don't republicans say we'll give you this authorization, we'll fight isis anywhere you want. but the republican commentary is he can do that. >> juan, president obama fought against isis for six months before ever asking congress to use military force. the old still exists. he doesn't need an additional

one to continue to do what he's doing. authority that he needs under the existing omf. he wants additional authority. the main opposition is not coming from republicans, it's coming from democrats. >> democrats say it's a blank check. i'm curious as to why the republicans don't say we'll give you the power. >> the republicans said you've got the power already, now act like a commander in chief. coming up a group of senators is pushing medical marijuana for veterans. but is that a good idea? we debate, next.

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is it's legal. yesterday, a trio of senators, rand paul and democrats cory booker and kirsten gillibrand proposed legislation to clarify the law. here is one vet who is on board with the plan. >> us as veterans have volunteered our time to protect the rights and freedoms that make this country great. today, we call upon our elected leaders across the country to respect our rights to heal. we say all elected officials state and federal need to approve comprehensive medical cannabis legislation immediately. >> i think this is long overdue legislation. >> do you think so? why? >> the rule is, if you're a medical doctor working at the v.a., you can't prescribe medical marijuana. >> so you're talking about having an accord between state and federal law, that there isn't gaps where there's

inconsistencies that could interfere with someone's medical treatment. >> that's part of it. california legalized medical marijuana. the v.a. in california, doctors cannot prescribe it to military vets. >> my point is, i can't make a qualitative analysis whether each patient is in need. i want to make sure people who are suffering and having problems don't have it compounded by smoking marijuana every day and creating a huge issue for them. a lot of the problems that we saw with veterans administration, people were given a bag of pills. so i want to be careful about how much this is being used as a placebo type of thing to smooth it over without addressing the core issue. >> obviously, i'm for the legalization. i think there should be medical ecstasy medical cocaine.

every substance has a positive and negative quality to it and it should be studied. however i do believe that legalization is not an endorsement. i don't know whether this can be helpful, when you think about the bigger issues, 72% of our veterans are over 50. 70% of them make the suicides. 17 out of 22 suicides a day. medical marijuana may help that but i don't know. i think the issue is way bigger. they should be looking at the suicides. we should be rethinking the way we treat and respect the warrior class in america. we have denigrated patriotism on every campus. so medical marijuana is a nice way of scattering the opposition to legalization. but i don't know if it's the answer to the suffering that's going on for many many men. >> and that we do agree. >> thank you, kimberly. let's get a drink. >> okay, let's go.

>> i just think you're asking for the national government, the federal government to legalize marijuana. >> no, no. to defer to the states whatever they do at the state level, that would apply. >> this isere's two issues as far as civilians go. defer to the states and the v.a. -- >> that would require that the federal government say medical marijuana is legal. >> we're splitting hairs here, but not exactly. >> i would think that washington should listen to the medical experts. so i don't know of a lot of veterans, v.a. doctors who are saying this is the most pressing issue. they have major issues of falsifying information and patients not getting any care at all and dying. if this is an issue that can be easily dealt with and there's not a lot of opposition, fine. if there's going to be -- if

they're going to address in washington veterans affairs issues, this is small potatoes. >> but they are asking for it. if the guy can't go down to the corner and get a joint on his own, geez. coming up, two brothers in oklahoma were expelled for singing racist chants. but was that fair and should they be forgiven? we discuss that coming up. vo: 85 percent of people who travel will go someplace they've already been. where's the fun in that? it's time to find someplace new. book the hotel you want with the flight you want and we'll find the savings to get you there. ♪ help an oil company overcome minus

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♪ brothers were expelled from the university of oklahoma after this video surfaced that shows them singing racist chants. but was that the right punishment? now, initially i thought it was. but now i've been thinking about it and i would argue the school should have suspended these students. this incident can be used as a learning experience to talk about race. >> i think you're out of your mind. i think they did the right thing. they got expelled. they're done. go away. you want to bring them back in four weeks and say hey, did you learn your lesson? >> do you think that all speech you find objectionable you can throw me out of here.

>> that wasn't just dropping the n word with a song that had the n word in it. by the way, the n word is everywhere in hip-hop. these guys didn't mean it how you hear it in the hip-hop songs. they meant it hateful. >> they expelled two of these young men. these young men you can't just say you're gone. they have first amendment rights. i think it's hate speech that creates a hostile environment. but at the same time, wouldn't it educational to bring them back and say let's have the community deal with this racial issue rather than saying young people are going to be like oh it's so pc you're not supposed to say that. >> what would the university look like if they brought these

kids back? >> i agree with you juan, i think they could have done a suspension, maybe for the rest of the semester and then allowed them to come back next year. so they would have lost a semester. and something like this can actually shake you to your core. these young men's lives as they were planning it, the lives that they knew, that's over forever. i think giving them a second chance a little bit of forgiveness goes a long way. >> what do you think of reconciliation. >> they might change their name. >> reconciliation is good, make a teachable moment. i don't think the student body or that university is going to be best served by having them there on campus. for their own safety, too they should perhaps relocate go somewhere else. have a fresh start. there's something to be said for that. otherwise it's a constant reminder and it could be disruptive to their education and their classmates that are around them. you have to move on from this and decide how best they want to come to terms with it with their

family, from the released statements. i think this was the right call. >> so, greg -- >> it's objectionable. >> question, greg. >> yes. >> there's the pictures of the football time, great football team university of oklahoma. you see they didn't have their spring practice. they are black and white guys. big scrappy looking guys hooking arms and standing and sailing something saying something is wrong here. that is a good thing to happen rather than everybody say, oh, look at those guys they got punished. they got thrown out. have the discussion. >> what you're saying is the positive that we've learned in recent times is the only people that are hurt by racist language not racist activity, is the only people on the planet that are hurt by racist language are the racists. the moment that you say something racist the amount of revulsion is so complete so unanimous that there's no question. this kid, the sympathy is warranted when you're that

young, your life is for the next -- for quite a while ruined. you should be allowed some redemption because you're going to be on this planet for 60 more years, 70 more years. i think the only step is to pull a michael richards. when he shouted the "n" word in l.a. he left and went to a place far away. go and help people. you do the time, do the penance and return it might be unsafe to go back. they would be in trouble. then you also have the university that has to save face. if they are shown to be lenient, then that hurts them. >> and they're racist. >> let me just say it's not only racists who are hurt by that language. i don't like it at all. >> if you burn a cross on my lawn -- >> it's not racist action you know what i'm saying? >> right. it's worse. >> it's not physical. >> one more thing coming right up. >> okay.

time for one more thing. let's go to dana first. >> okay. what is that thing you've got there? >> show me later. that's a tease. okay. independent musicians and artists take a listen to this. take a look. levi lowrie is a friend of mine a country artist. he co-wrote colder weather which was sang by zach brown band. we have a clip of that.

maybe we don't. ♪ i want to see you again but i'm stuck in colder weather ♪ ♪ maybe tomorrow will be better ♪ ♪ can i call you then ♪ >> that is lumber chic which i really like. we can start a whole new movement. he's got a new album my crazy head. he's got a new way to do this not going through a traditional record label. you actually can go become a member at his site and you become a distributor so you can make money as well and be a part of this rollout. i think it's kind of interesting. >> that sounds very neat, dana perino. >> that's neat. >> i think he waited on me in brooklyn. k.g.? >> other legal news tied in with musical influence we had a big results here from the lawsuit today from marvin gay's family. $7.3 million awarded against robin thicke, farrell and t.i. word from marvin gay, they

sought more than 25 million for the song blurred line. i think i can smell an appeal coming up. >> 7.3 million doesn't sound like a lot. >> what a ridiculous lawsuit. >> now they want to stop the song from playing. >> i'm glad that we were tracking on the musical o and b. >> enough of this stupid musical entertainment news. juan? >> now i'm stuck. reggie jackson, the old yankee wants to sell the big sign that said yankee stadium. that big blue sign that you see with the letters. he bought them and they were up there from 1976 to 2008. in '08 when the stadium closed somehow he bought them, he won't say for how much. now he's going to sell them through sotheby's in april and they think they can get between 300 and $600,000. >> wow. that's a story. >> great. >> tough day, bad day for the military. sorry to have to report this. 11 are presumed according to the

pentagon are presumed dead when a hellieicopter went down, a black hawk. 7 marines based in camp lejeune. they told us on urgent q which has breaking news a marine was killed in yuma, arizona. >> even the training is dangerous. >> yes. put it on the line. >> well, sometimes -- you know, you work at "the five" you get unusual gifts. this is from nancy who sent me these slippers. if you can get a closeup, ronald regan and nancy reagan slippers. >> in bed. >> yes they're in bed. i have a hard time putting my feet inside a dead president as great as ronald regan is. i just don't feel comfortable doing this. >> did they sleep in separate beds? >> i don't know. they're not no new slippers.

i'm giving them to you. >> into. >> come on! >> i agree. it goes with your pin. >> i'm very good. >> it goes with your personality. that's all i'm going to say. >> all right. good-bye. something is coming up. special report. iraqi forces break the isis grip on tikrit while president obama's national brain trust defends his request for use of force authorization. this is "special report." good evening. welcome to washington i'm bret baier. while america decides whether and how to assist in the fight against isis the american rival, iran helped to take a key city north of baghdad. it's a situation that has forced the obama administration to walk a fine line that is trying to pressure into a deal concerning its nuclear program.