haking things up including where i am from 12:00 to 2:00. making news today. big news-makers today in english today. without a script without any support at all. my crew prefers it that way. they like to see me suffer on air. hello everyone it's 5:00 in new york city and this is the five. after midnight our government lost its legal authority to collect vast quantities of phone records until its quest to find terrorists but the senate could restore the controversial program as soon as tomorrow. lawmakers failed to strike a deal in a rare sunday night session after kentucky senator rand paul intentionally held up his chamber's progress. >> we are not collecting the information of spies, we are not collecting the information of terrorists we are collecting

all american citizens records all of the time. this is what we fought the revolution over. are we going to so widely give up our freedom, or are we going to so widely go along and just say, take it? well i'm not going to take it anymore. i don't think the american people are going to take it anymore. >> support is in the bill including former and current intelligence officials stay must be reauthorized to keep americans safe. >> why would a reasonable people take off the table tools that i believe are lawful and around which there is already a political consensus, why would we give up things? the professions say keeps us safer. >> the tools the government has used to keep this country safe are integral to making sure that we're able to stop terrorists in their tracks. >> okay. so in a little bit of an ace hardware moment you have officials there saying keep out of our tool bag, we need these

forensics, data collection points to be able to track the bad guys down. >> yes, you do. and you have some of the people who are saying you can still do that you haven't lost any ability to do that. you can still get the phone records of anyone. the government can still get the government records of anyone. even after the mandate expired. they don't have the right to get the phone records of everyone all at once. they'll need to go by the constitution that's been good for 247,000 years, right here in america, if you don't like the law, change the law, but you better do it via amending the constitution. it is very, very clear in the constitution that you need a, probable cause, and b, you need a name of the person you're going to issue the warrant to if you want to go ahead and get the information. other than that look the strong man argument is if you're against this you must be okay with terrorists. and no we're not, i'm not. i think you go after him, go after him hard via any means

that are illegal and constitutional which would also mean if you think, and you have probable cause that a person is talking about terror. listen in go ahead, find out who they're talking to. use the phone lines that they're calling, follow those people too, but those are warrantable. you can go and get those things. what all that happened last night was that the united states process said in order to continue to data mind every single american without a warrant, you're going to have to show them. that's what they're doing through the house right now. >> ann >> andrea. >> i think rand paul is the loudest and clearest. his concerns are warranted, besides the constitutional violations which eric articulated, it's also questionable that it could be effective with such a wide net. and also i think the potential for abuse is enormous. and for people to say, well there's no evidence that they abused it sure that's true

but we're living in an era where we saw the irs target americans for their political ideologies and we know that in the past fbi directors, like edward hoover they've used information on people to go after them. so i think the prospect kimberly for political abuse is pretty great. although studies on the other side of the argument michael mccasey and he paints a compelling argument on why this has been working. i mean he cites one example, kimberly the incident where they used that information to stop a subway plot. which is i mean that's pretty good. i mean, if it spares one american, it could be worth it. i think this is a really fascinating debate and i'm happy that it's finally being had. i think, instead of like in a political manner rand paul took it in a little bit of a political manner by saying that people wanted a terrorist attack which i didn't like otherwise, it's pretty much been on substance, and it's about

time. >> how do you see it? >> am i alone in this? so many people know my information, i don't, i don't mind about this data minding stuff, to me it's not individuals, you're just looking at patterns. . it's not person of interest. they're not chasing people down in the streets and finding out who i'm calling, it's looking for patterns. if that helps them. i don't know if it does. but i suspect that if it does help them it's like when are you going to take your freedom, now or later? there's another attack we're all giving up more freedom. >> why do you need to give up your freedom? >> we're going to give them up after an attack. >> are you sure they're not using this information that you don't like? irs, andrea points out the irs scandal. we spent months saying if they're willing to do that what are they not willing to do? >> that's also administration specific -- >> hold on let me finish. what's the difference? >> the irs under the duress of president obama. >> eric holder knock yourself out, what about hillary clinton? we have a lot of questions about

her transparency her ethics what if she's president and says you know what i want to lean into this these conservative groups over here. anything do me a favor, i want to do that. is that conspiratorial? maybe. no one thought the irs was going to do what they did. >> like sacrifice the safety of the united states because you're bearish about hillary clinton. i'm replying to what you just said that sounded ridiculous. you're a little bit worried about hillary clinton. i mean the point is they should be -- >> i'm worried about our freedoms and the freedoms that americans have died for, protecting for 237 years. that's what i'm worried about. >> the second court of appeals said listen some of the things are problematic, and it's being addressed and it's going to go back into play. >> some of them. not necessarily -- >> that's going to happen. >> i understand that but i'm telling you specificity, and said this is what we're going to change. we're going to make sure it abides by the concerns the

court's going to have and we're going to be able to do our zwrob let people who are in this business that have the expertise there, more so than any of us at the table. >> we want to get julie in here. you have to read how specific the fourth amendment is. the right of the people to be secure in their persons, houses papers and effect it gives unreasonable searches and seizures no warrants shall issue but upon probable cause supported by affirmation and describing the place to be searched and the persons or things to be -- >> that's different than that. i don't have time to take you through three years of law school. the bottom line is this is going to be a constitutional the way that it's going to be drafted. you have an issue, and you agree with senator paul regarding the three specific areas that he feels are problematic and he wanted this to last. my point is have a more global view about what's going on now with the war on terror and keeping americans safe dean not

thwart the ability, do not thwart the ability of the intelligence officials to be able to collect information so that they then can do go with specificity to knock on the door of somebody -- all right. first of all. >> they can do that right now. they can go retroactively. if eric is somebody they want to focus on they can bottom line you right now, and actively vilify the courts. >> get a warrant. >> how about the circumstances where tons of the -- >> they didn't do it. they could do right away. >> these documents aren't going away. these are still being held by the individual internet companies and phone companies. they're told to hold. they have to hold that data. >> talking about timeliness. >> use it -- >> timeliness they can do it in a timely manner then go back to the five report afterwards and get a warrant. they could do it before. >> to eric's point, we talk about the prospect for potential abuse which we've already seen the irs do. we know that if it's in the wrong hands like i don't know

sydney bloomingthal. >> or richard nixon. >> it's already happening. there's articles from reuters last year this was in the u.s. via the dea was directing agents to cover up a program that it's using to investigate americans. what they're doing is using intercepts through the nsa to go after people they perceive are the bad guys, then they don't have to tell the defense or the prosecution how they got that information. it's not the way that government's supposed to work. >> i'll give you one more. and its been about two years ago they found, there were certain engines, nsa agents operators, who were using the data that they mined to check up on their girlfriends activities. >> all right. you're talking about one ridiculous example, a police officer looking up girls, you know phone numbers, like running the plates. let's get a little bit more serious about what's at hand here. let's listen take a look. this is political. there's people making accusations, political granting.

let's see what some of the 2016 gop hopefuls have to say about the data collection. >> the first duty of our national government is to protect the homeland and this has been an effective tool along with many others and the patriot act ought to be reauthorized. as is. you have >> you have people making things up that they're listening to people's conversations. the fact is we want them to be connect the dots. >> the next time that any politician politician senator, congressman, talking head whatever it may be stands up and saying that the u.s. government is listening to your phone calls or going through your phone records, they're lying. >> let's pull this up. the question is someone who's running for the office president of the united states and trying to guard as a gop vote full screen here should renew the nsa data collection 73% of republicans that were polled in favor of it should not renew 23%.

senator rand paul he's been consistent about that. >> go ahead. >> he's on front on this but he's been consistent. this is something he's believed in for a long time. but this has runs the risk of really perhaps compromising his chances. >> there is another poll out, i believe it was either today or friday where it showed the break down of people who are for, who think that the country will be affected negatively by the expiration of this program. it splits evenly 52 to 48%. 52 said the same risks will be at we were going to experience the same type of risk. when you break it down by age, clearly younger people people under the age of i believe, 35 years old had a higher skewed thinking they want this program to expire they didn't think the country was going to be any less safe with the program going away. older people in general, above 65 thought we were going to be substantially more at risk with the program going away. the point is i think younger people are getting that we

don't trust the government. we don't trust them. they don't know what they're going to do and therefore, i don't want them to have stuff on me. i have no terror ties whatsoever. shouldn't be anywhere near my stuff. >> they're not going to look an listen to their stuff. >> they did already. the entirety of the american public -- >> but they're not listening. they have enough to do. they're not focussing in on eric bowling. >> how do you know? >> or your snap chat. >> young people are giving away all their information. they are on snapchat they have the -- google knows everything they're doing. i searched the other day, i was looking for breathable underwear -- >> tmi. >> now there's underwear all over my screen. look it's coming to summer i want some breathable cotton. anyway there's underwear all over my computer -- >> whole new segment right here. are you comfortable giving out information to the american public? >> everybody's giving it out.

>> every time you click on something, they know. so, i'm saying that america's companies know what we're doing. the idea that the government sl -- and that is personalized information. they do know i want the breathable cotton but the government is looking for patterns. >> let my say this we're talking about the fact that the politicians came out, atrocious, horrible mitch mcconnell has been the biggest proponent in the senate could have gotten this done a week ago, but instead he decided to give all those senators there, talking to you rand paul and other people. actually marco rubio, the week off. the reason of the program expired is because the senate decided to go into recess and now they're panicking. if this is a big deal for mitch mcconnell maybe he should have stayed into work. >> we ran the sound bytes of people on the right, people who want to the run for president on the right, my hunch is they have to make that comment and my hunch is they're going to let it go because this is not going to be politically expedient for them to take this fight to the

people. >> it's not. you're right. i agree, it is so divided and the fault lines are interesting. julie and eric you're agreeing on this issue. you know what again, 73% say should renew. i don't this is the be all winning situation for a democrat or for rand paul if he wanted to get the vote. >> it's a senate republican vote. >> this is what i'm talking about, he's running for the republican nomination. >> i'm talking about the constitutionality. >> yeah i think largely the independents and the libertarians and those other voters that you have to win because that's how elections are won, they're won in the middle not the left or the right. this issue is pretty important to them. and they tend to side on the privacy side. >> yeah and that's a good point. the other thing i'll say is all of these people who are talking right now all want to be president. >> this is a big issue right now because they are running for president, and i'm going to tell you something. you're not going to get the republican nomination with that particular viewpoint. it won't matter because you won't get there to make it to

the general election. and independents are in favor of it as well. all right. new developments on baltimore's crime crisis next on the five. and later, breaking bruce jenner news. that's right, the former olympian told the world he was transitioning to a woman and you're about to see what she looks like for the very first time. stay tuned.

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♪ there were five more people murdered in baltimore over the weekend, making it the most violent month there in 40 years. the total of 43 homicides in the month of may, the city is in crisis. will leaders do something to restore order again? >> there's a small number of individuals that define the perception of this city. a small number of individuals with no code of ethics who are killing babies and killing women. >> at a time where the crimes for justice are running in not just baltimore but all over the country, without the community, there is no justice. >> baltimore residents are rightfully upset.

>> a month ago, the whole city was trying to unify about a travesty happening, now every day, you're hearing somebody's getting shot. someone's getting killed. we can't become numb to the violence oh somebody just got shot and keep walking. this is the attitude that's happening. >> all right. starting with you, mosby, what is she talking about? >> she aggravates me more. i don't know what's going on with her. i said before -- >> she pointed the fingers at cops more? >> she can't. the cops you have to go out with your butt on the line and this is in charge and who's watching over you and decide whether or not you're being arrested. cops are worried about that. forget this i'm less worried about getting shot than i am about thrown in jail or indicted by this lady. her rhetoric is so abusive, and it's the language of an activist. it is somebody that's not working in concert with law enforcement. it is someone working in conjunction with the likes of al

sharpton. >> we've said for a long time what do you expect? when the administration's fingers are being pointed, they're going to hesitate before they make the stop or run towards the crime versus when they don't. and what else is going to happen? crime's going to go up. >> they're thinking about their own life families jobs pensions, awesome these things they could risk losing and they're policing neighborhoods that need them the most. if you push the cops out, who are you going to call when thing goes poorly? really? the cops aren't going to stop policing my neighborhood or your neighborhood or your neighborhood. these neighborhoods where crime is super high that's where cops need to be the most. the question about what to do about this i mean rudy giuliani was just on with neil cavuto earlier, he has the template to fix a city that was destroyed by policies for decades. more cops on the street that was actually through a bipartisan crimeville that hillary clinton wants to get rid of. it was her husband's ironically.

also he didn't believe in that theory of broken windows. where one small broken window would lead to a building full that the little crimes matter and he was early for welfare to work. that dug new york city out of a hole that bill de blasio is putting us back in every single day. >> and the media. julie, over the weekend, washington post put out a piece talking about crime in baltimore. i'm sorry, in america. it said that law enforcement killed blacks in a 3-1 ratio and rate adjusted for the population that they did with white perpetrators. the problem is that if you do the math on it blacks account for three times the amount of crimes. the population of black community is about 13.5% of the population. they account for almost 40% of the violent crimes in america. >> look i don't think this is a black or white issue, not races, there are problems with the inner city wes need to address, as a liberal, it's incumbent

upon liberals to look for solutions. >> black and white issue though? >> but, i also think you can't automatically say there are no bad cops out there, there are few of them but there are that need to be investigated. freddie gray -- >> killing people or killing black people because that's all i'm hearing? the bad cops are killing black -- >> i will give an example. what happened on staten island here that person need not have died. and the grand jury didn't indict them. wait a second -- >> mosby and al sharpton making it black and white. >> listen what i'm saying to you is there are right and wrongs on both sides. you can't say all cops good all the other people bad. >> nobody is saying that. >> that's what she's saying. >> justice by any means. that's what she's saying. >> i don't think the argument is there are some bad cops, let's root them out. the argument is that we're hearing from the protesters is there are too many arrests, we have to stop this.

when arrests go down death goes up. there aren't too many arrests there should be more. >> can i throw this out there? this is playing into exactly what you said. crime is on the rise across america, not just baltimore, it's being called the ferguson effect by the wall street journal. check out this map, latest monthly figures versus last year. shootings in los angeles in los angeles up 25%, murders in new york up 13%, atlanta, 32%, get this milwaukee, homicides up a stunning 180%. so tommy, it's not just ferguson or baltimore or staten island it's spreading. >> and i would think the bad guys are using this as an opportunity. if they want to kill someone, if someone's on their list what better time than when the cops are kind of on the ropes? i love this article that he turned the hashtag on his head black lives matter some really don't matter. he said if you're a young black man and you're shot by another black man, you're politically useless progressive.

i thought that was a great article. >> we talked about that on the show. >> i think people need to understand the tools and resources that law enforcement need and communities stricken by violence now you have in this particular city total unrest economic despair which will only lead to further violence and crime on the street. you have uncertainty in the department because they do not need that those officials put in place to be impartial that justice is blind to make sure and fully and fair ligate the facts, they're not doing that. that's the problem. >> proactive policing which works well as we've seen in cities like new york and there's aggressive policing julie, nobody is in favor of that. there may be a few bad apples. had the president of the united states wag his fingers at the cops like he has done so many times and talk about how he would love to federalize the police force that only sends a message to cops that they are the enemy. >> marilyn mosby was prosecuting someone, who she considers to be a criminal. why can't she say what she said

about the cops? >> she's politically charged, that's not her job, and her case let's see if they hold up. >> that's for any criminal she'll stand up and say this. >> they're wrapping me we have go. bob schieffer admits he and others gave president obama a big pass when obama ran in 2008. you're going hear that next from "the five." ♪ les department? yes...i can put you right through. sales department-this is nate. human resources. technical support. hold please. [announcer]you work hard to grow your business. [man] yes!i can totally do that for you. [announcer]our new online business planning tools will help your business thrive. wells fargo.together we'll go far. unbelievable! toenail fungus? seriously? smash it with jublia! jublia is a prescription medicine

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people sat and took notice. >> but isn't the job of journalists to be spectacle even of a young phenom? >> it is. maybe we were not skeptical enough. >> well now the question is will history repeat itself with the press going easy on hillary clinton? well the jury's still out, but there are signs that they won't give her a total pass. >> the stories keep building on themselves and could potentially be problematic if she doesn't answer them. >> you can't go 20 minutes in this town it seems without some sort of story about the clinton foundation that gives you the creeps. >> we'll give you the answers, then simply don't. for a major campaign that's well-staffed i've never encountered that i think that suggests they don't to want answer the question. >> all right. so eric, is this foreshadowing that she won't answer questions. we also saw the new york times again roast hillary clinton in

one of her columns. >> i don't think that she's still going to get the same scrutiny that the republicans get, don't forget the one thing that feasibly the one thing that derailed mitt romney's chance was the 47% comment that someone videotaped. i think think she's going to get those ah ha got you moments that republicans are. the good news is that bob schieffer admitted to something we've been saying forever -- >> forever. >> mainstream media vies to liberal candidates. and it's unfair to those picking the next president. thank you for doing it but where the hell were you eight years ago? give me a break. will they step up? i'm not sure. i'm not sure who's on the left the mainstream media types, it's not going to be stephanopoulos he's not going to be the one taking the shots. i'm not sure who's there other than the right, the fox news the conservative venues that are going to dig deep. >> kimberly it took ed henry to pressure her to answer some questions the other day. she wasn't feeling the heat from the other reporters, if it

wasn't for ed, we'd still be on clinton watch and day 47 drought. >> crickets. yeah he has to storm the court essentially to get an answer her. sweet ed it's compelling. yeah she's not going to answer anything. you talked about this eric she doesn't have to. for her, silence is golden. the less she says then the less they have to work with to go against her and make, you know, commercial slots and attack ads and et cetera going forward. she wants to let a pack of hungry dogs and republicans feed off each other so there's nothing like carcass left and she can laugh all the way through to the general election. >> i don't blame her advisors i would keep her out of the limelight. i wouldn't i would say by quiet because you're not good you don't look authentic, let's keep you out. >> book another spa day. >> isn't her strategy to go around the mainstream media, much like president obama did? isn't she going to go to maybe the women's magazine and other

publications because of her fear of the mainstream press? >> yes, we have done this for a living you can't beat the press, my friend. you know that. you can't. and the problem is for her, look some extent of the mainstream press brought her down. obama showed up in 2008, bob sheafer is right everybody here's right, obama got the treatment, it's unbelievable the treatment that obama got. and saturday night live if you recall did a great sketch back in 2008 where they mocked the presses treatment of her versus obama. the problem is you can avoid it for only so long. she has to deal in a general election they're going to be more mad, she was beloved, maureen made a career out of beating her up -- >> republican though -- >> against a republican i mean really makes the point about the hostility. the press gets ticked off and angry. against the republicans, don't you think -- >> that should be the democrat press pass. it happens every election cycle.

and it'll happen with hillary. they are going to be giving her a hard time during the primary when she has all the tough challengers, and then when she runs against a republican she's going to be a combination of polly go lightly and susan b. anthony, doing nothing wrong. >> bernie sanders is going to be the new darling of the press corps until the debates come, they're going to beat up on her in the primary. >> i'm not sure about that. >> they're going to go light, hard on her now and then they're going to go light in the general election. >> you can't turn that off in the general, i'm telling you, they'll go hard on her because she's doing the right thing. >> what's your definition of hard. >> yeah. >> first of all -- >> that's playing into the whole narrative, go harder now when she has no risk. >> right. >> easily give her a fight, they'll go soft on her. she's the grandmother, the mother, first female president. >> now he comes out and admits it. it's like great. can i quote. campbell not great, bob.

>> madman -- >> i got it i got it. >> thank you. >> after eight years, no one holds them accountable. actor vince vaughn swoon, his passionate plea for our second amendment right, get what he said up next on "the five." ♪ it's so shiny. i know, mommy, but it's time to let the new kitchen get some sleep. if you want beautiful results, you know where to go - angie's list. now everyone can get highly rated service even without a membership. you can shop special offers or use the snapfix feature to tell us what you need and we'll help you find a local company to take care of it. angie's list is there for all your projects, big and small. pretty. come see what the new angie's list can do for you.

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or medical conditions may affect the amount of namenda xr in the body and may increase side effects. the most common side effects are headache, diarrhea ... rial offer at namendaxr.com. ♪ a lot of celebrities push for gun control, actor vince vaughn isn't one of them. he's pushing for gun rights in america. in the new issue of british gq the star of the movies shared his support for the second amendment. vince vaughn arguing banning guns is like banning forks in an attempt to stop making people fat, it won't rid the world of criminality. he points out the need for weapons in schools, quote, mass shootings have only happened in places that don't allow guns. these guy goes and shoot up these bleeping schools because they know there are no guns

there. they are monsters killing six-year-olds. yes, i think we can agree on that. they're monsters eric what do you think? here's the real issue -- >> constitution. >> let's not get in the gun control debate. is his hollywood career over? >> vince vaughn? >> yeah. >> no! it's not a good career move to be a conservative in hollywood and clearly now he's proving himself, at least to be a libertarian, maybe a conservative as well who knows. but great, he's right, it's everything we talked about. every time there's a mass shooting the movie theater shootings, kinder gardens whatever they're gun-free zones. how about schools, colleges universities where a 5'2" woman is 105 pounds walking through campus at night, and she has to protect herself against four five people that she may not feel comfortable with. she has a conceal carry permit she should be allowed to do it and should have conceal carry permits. good job vince vaughn i wish more listened to you and watched

your movies. >> l.a. do you know how many women are packing in l.a. -- >> not enough. not enough. >> andrea yes, you can come out as libertarian, come out against drug laws nsa, whatever you want but second amendment, his name is mud in hollywood now, don't you think? >> i don't think so. he's pretty successful. he hasn't he has built a pretty i think, great track record. it's not like he's in the early stages he must be feeling good to come out about this position and i think he's right, i think a lot of people in l.a. secretly would probably agree with him. you look at what the they did in newtown, they decided as a school district to arm the school then. vince vaughn makes a point, a lot of these private schools, they have armed guards so why can't my kids be protected? if the school wants armed guards they should have them. and also, he's right about this. they passed gun laws in new york city after the newtown shooting and now the murder rate in new york city has spiked an alarming 20% after passing more gun laws. >> all the cities baltimore,

these have some of the most restrictive gun laws in the country, right? julie, what about this -- what about this -- >> he's a vince basher. >> get ready. >> i love the wedding crashers, but on this i disagree there's study after study that shows that more guns equal more deaths. places with fewer gun control laws have more deaths. >> that's not true. >> where? >> journal of american medicine for one. i will tweet it out. journal of american medical association is one study. i could point to ten others. >> i've heard this before the research is up on 17. >> no i'll get to the research. you know what okay here,ly tweet all of this to everybody after the show but i will say this look i don't agree, if you want to have trained arm guards in school that's one thing. i don't want a bunch of teachers who are not trained packing heat. >> you feel they should be in the right hands. >> i agree with vince if vince is saying there should be an armed guard. principals and teachers should

be packing heat if they're not trained, i don't want them shooting -- >> they'd be trained. >> i don't know. under your conceal carry weapon everyone can have it. they're not professionals. >> all right. >> not professionals. >> the point is you get proper training and you get certified because they're not going to let it run amuck across the country. >> the untrained gym teacher. >> i don't know what he was arguing. people were, people were saying the principal should have been armed. i don't think he should be armed. gone through the police academy, that's a different category. >> everyone here loves him, i think his profile's going down in hollywood. real star bruce jenner revealed in april he was going to become a woman. she is now on the cover of the new vanity fair and see what jenner looks like for the first time as a female, next. >> caitlin. ♪

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♪ 17 million people watched bruce jenner tell diane sawyer about his gender identity secret and his plans to transition from a man toe a woman -- to a woman. >> are you a woman? >> um yes. for all intensive purposes i am a woman.

people look at me differently. they see you as this macho male but my heart and my soul and everything that i do in life it is part of me. that female side is part of me. that's who i am. >> that transition has just been revealed along with jenner's new name caitlyn, that's a snub to the kardashians. jenner appears on the new issue of "vanity fair." photo taken by annie. i have a question, who do you think has more plastic now in their body kim kardashian or caitlyn jenner? >> i thought kim was all-natural. i didn't know there was any work done there? i don't keep up with that kardashian but the thing is i've got a question because i don't know the answer to your question, what is -- why do men who transition always look kind of like a betty grabel type?

but woman don't look like kerry grant, right. they don't usual lil glam it up. they're like a regular guy, right? >> i think she looks great for the record i think she looks fantastic, and i'm happy she has been at peace with finally at peace with herself. one of the things she said is this is not the first time she's lying about something. eric don't even smirk at me. this is who she is. >> i think it was more courageous to come out as a conservative than as caitlyn, truthfully. and i think she looks better now and i really mean that. probably because she's happy. in the article she says i feel very happy and i feel like i can be myself. and visually i'm being totally honest. >> andrea you're comparing those two pictures. >> he looks better as a she. the hair was frazzled and he didn't look like himself. she looks great now and i mean

that sincerely. >> eric i think it's partially true. you've got people -- look this is clearly somebody who, for her entire life has lived completely not at peace with who she was. this is a woman in her 60s saying i'm happy with who i am and i think there's nothing wrong with that. >> i am smirking because bruce jenner did something very difficult. he did something that he knew was probably going to give him a lot of grief. bruce jenner stood up loudly and proudly and declared that he was a republican. i tell you what did happen from this my wife called and said can you get the caitlyn jenner magazine. we're all sold out. i went to four or five news stands here too. all sold out. so have the vanity fair" nailed it. it's going to be a big, big selling issue. one of the best athletes on the planet ever. he wants to be a boy or girl,

knock yourself out kimberly made a good point. this is somebody who has been in the crazy kardashian world and they haven't done anything with their lives. bruce jenner was a tremendous athlete and for somebody like that to all of a sudden come out and say, look i did this as a man but i no longer want to live as a man. i want to live as a woman. i think that's great. >> i'm sure that it's very inspirational to those who struggle with gender identity issues f this gives them the courage to come out and talk to their families and friends and lack of peace inside because they've been shielding it for fear of hurting family ebb manies it's mostall the best. "one more thing" is up next.

what do you think of when you think of the united states postal service? exactly. that's what pushes us to deliver smarter simpler faster sleeker earlier fresher harder farther quicker and yeah even on sundays. what's next? we'll show you.

if you suffer from a dry mouth then you'll know how uncomfortable it can be. but did you know that the lack of saliva can also lead to tooth decay and bad breath? well, there is biotene specially formulated with moisturizers and lubricants... biotene can provide soothing relief and it helps keep your mouth healthy too. biotene, for people who suffer from a dry mouth. it's time now for "one more thing." >> 46 years old and also in the u.s. -- sorry. military. he was a delaware army national guard, bronze star for service.

he was also thinking about running for delaware governor in 2016. from us to that family especially who has had so much tragedy in his life. he lost a wife and a daughter many years ago and now loses his son. our hearts go out to the biden family. >> god bless them. terrible loss. >> okay. very sad story. an 11-year-old girl named abby from lehigh county pennsylvania was struck by a car and killed last woke. very very sad. however, some of her friends and family her sister maddie appealed to taylor swift because abby was a huge fan and the singer got to meet her while on tour in 2011 and also a pennsylvania native taylor swift sent flowers. she wrote a very sweet note to her and just one thing, if you are watching could send a message to facebook the video of when abby was struck by a car

has gone viral and it's very heartbreaking for her family to watch. if you could please send a message to facebook to take down the video of this young girl dying, that has gone viral, it would be a tremendous help to give the family some peace and i appeal from the bottom of my heart that facebook would do the right thing and do this. >> shouldn't even have to make that appeal. glad you brought it up. julie? >> well slightly lighter note sheila did an inspirational speech the other day and here's a clip of it. >> do it! just do it! don't let your dreams be dreams. yesterday you said tomorrow. so just do it. make your dreams come true. some people dream of success while you're going to wake up and work hard at it. nothing is impossible. >> i don't know what "it" is but i'm doing it out of terror.

>> my eyes lit up in pure terror. >> he lives in a mansion down by the river. you know that right? >> and now another uplifting america. if you love america and men in the plank position like i do take a look at this. yeah. okay. this is george 57 years strong he got the world record in the guinness book record for planking for 5 hours and 15 minutes, in the abdominal position. and so he regained his previous world record. i think it's fantastic. >> i plank the old-fashion way, flat on the floor. okay. look harriet thompson, 92 yeergsyears

old, just finished the marathon. what does this prove? we should raise the retirement age. old people are taking over. >> set your dvr so you never miss an episode of "the five." "special report" is next. are you freer right now or less secure? as congress fights over the patriot act, surveillance programs are put on hold. this is "special report." good evening and welcome to washington. i'm bret baier. the debate is as old as america itself. which is more important? your privacy or security in and how much of one are you willing to give up to get more of the other? a 21st century version of the argument is playing out right now behind me on capitol hill. a handful of provisions of the patriot act have been sus