one republican candidate that when donald trump criticizes him he zings back. rick perry my special guest tomorrow on your world responding to donald trump zinging his glasses. oh boy. get ready to rumble tomorrow. your world. rick perry. see you then. hello, everyone. i'm kimberly guilfoyle along with geraldo rivera eric bolling. dana perino and greg gutfeld. it's 5:00 in new york city and this is "the five." >> after days of backlash over his comments about whether john mccain is a war hero donald trump almost apologized last night on "the o'reilly factor". >> i used to like him a lot. i supported him. i raised a lot of of money for his campaign against president obama. and certainly if there was a misunderstanding i would totally take that back. but hopefully i said it correctly, and certainly shortly thereafter i said it correctly. >> trump has surged to the top

of a new "washington post" abc news poll but support did fall sharply among gop voters surveyed after the mccain comments. 62% of americans say they wouldn't vote for him in the general election. one major newspaper wants him out of the race now. the des moines register says trump should pull the plug on his bloviating sideshow. trump's response "i'm not surprised. as one of the most liberal newspapers in the united states the poll results were just too much for them to bear. they would do anything for a headline and this poorly written, nonendorsement got them some desperately needed ink." that's a typical donald trump response. >> he's fighting back. and i think that he will survive this now. i've come to the conclusion that he's fought sufficiently -- >> did he call you? >> no he did. o'reilly got more out of him than i. i beg him to apologize. o'reilly at least got that conditional apology.

i think a couple of things are going to happen now. he's going to continue to flog the issue of illegal immigration. he's going to say it so often and hope that we forget that he insummitlted the p.o.w.s. he's going to get on the stage at the fox debates in two weeks. he's going to be like king kong with a bunch of monkeys, dominating that stage, charismatic, physically larger than life. >> chimpanzees. >> whatever. he will dominate that stage in many ways for good or ill to benefit the party or lead it to its disaster. >> eric. >> i would agree with just about everything you said geraldo. if you watch the o'reilly interview, o'reilly ended it with bill saying look donald i don't think you hate the p.o.w.s. i don't think you hate the veterans. that's not what this is about. he said no he didn't. there was some clarification last night. yet today there was more bashing. he's a flame thrower.

there's no question about it. but he's also tapping into the anti-government anti-establishment anti-business as usual in d.c. which people are listening to and are signing up for. he doesn't need their money, he doesn't need the gops money, the dems money, no one's money. that may be scaring both sides. by the way, if you hate trump and you're gop and you're a republican you want to vote for someone, then put someone up there. find someone who does the same thing for you that maybe doesn't offend the groups that you feel are being offended by a donald trump. but you don't have that. and will the stage in three weeks, 16 days right? 16 days until the first fox debate. will the stage have some of the other names who will have kind of floated down in the polls as donald trump has risen, will they step up and try and take some of that fire saying, you know remember. rand paul was anti-government. smaller government. folks, you haven't heard him say

that lately. >> we haven't heard from him at all. >> not any of them at all. all we heard is donald trump. will the others chris christie step up and take some of that fire from trumplt maybe they will and maybe get some of the poll numbers from donald. >> maybe christie can answer for himself tomorrow night. dana communications perspective. 24 hours has passed since we made our commentary about this and pows. and comments about john mccain. he made some apology and went on with bill o'reilly. was it sufficient? >> it's quite remarkable if you want to be the president of the united states and on day three still having to explain yourself about whether prisoners of war are heroes or not. i like at this from a totally different perspective now. i took a step back and looked back at the previous election cycle. at this point in the election cycle, michele bachmann was going to win. if you go back two election cycles rudy giuliani was definitely going to be the nominee. so we're a year and a couple months out from the actual

general election. so right now like a poll can say what it says, and i don't doubt thought says what it does. name i.d. very important as eric points out there's not been really any coverage of anybody nelts last four weeks. so donald trump has tapped into something. people are sick of washington. yeah i like that. but then when you look at the other number 62% of republicans say they wouldn't vote for him. you condition go pretty far in a campaign. when the primaries or caucuses are held if you don't have the votes you won't go further. rick santorum even two weeks before the iowa caucus last election cycle he was at around 2% approval rating. he ends up winning. i don't think the polls right now are that important. >> a sense of let's have some measure to it. but right now, can't deny it, donald trump is driving the bus. >> well his poll numbers dropped faster than bill clinton's pants after the mccain thing. so it's way too early. there's always a chance that something else is going happen.

you know who really loves donald trump right now? planld parenthood. that story fell off the face of the planet thanks to him. hillary loves him because she could run over a crate of puppies and no one's going to cover that. i'm actually getting tired of people recasting intelligent criticism as bashing. it's like if you actually follow the -- >> like what? >> what do you mean? >> what intelligent criticism is really bashing? >> eric recasts everybody as bashing trump. i come on here and i -- >> hold on. >> here's what i said. >> charles krauthammer, people like jonas goldberg. >> putting words in my mouth again. >> you said bashing. >> i said pundits. >> do you want me to name them? >> yes please. >> the last few days i've seen charles -- >> bashing. >> your word. >> i said there are pundit whose bash him. >> there you go. my point is -- >> karl rove. i'll give you that.

bashing trump for days. >> what's wrong with criticism? >> because criticism is one thing. i think that the gop should be criticizing the other side. right now like him or not donald trump is -- >> you're okay with cowboys. >> criticizing republicans when rand paul was criticizing republicans, when donald trump was criticizing republicans. but when you criticize trump you call it bashing. that's hypocritical. >> why are we wasting our time and valuable air time saying donald trump used to be for this and now he's against it? donald trump says this. instead of looking at hillary clinton or joe you know what story fell off the face of the earth? martin o'malley walked back a comment all lives matter and we didn't even hardly cover it. one more thing. that is a huge story. >> of course it is. >> donald trump is criticizing republicans, too. >> but that's what they do. >> they're not criticizing him. he's nicing them.

he's mugging them. >> criticism versus insults. then if everybody watches like not -- >> lindsey graham's cell phone. >> i would like someone to give out my cell phone number. then i could get a new cell phone number and limit the number of people i give the number to. kidding. >> many times criticism is valuable to the party. but when you recast criticism as bashing you're becoming an apologist. you're saying leave trump alone. even trump would laugh at that because trump loves criticizing people. there was a woman that came to me and said that -- she said on twitter, she goes i would tolerate anything that trump would say as long as he got elected. like anything worse. i go give me an example. what would actually upset you? is there any bottom to this well of flunkiness? could he say just about anything? >> could donald trump? >> yes. >> as long as he was against illegal immigration he could say almost anything. >> exactly. >> someone else who would like a little bit of attention if the

world doesn't mind -- yes. will 16 be sweet for john cahill? hi john. earlier today the ohio governor announced he is seeking the presidency hoping experience in congress the private sector and as governor will help him stand out among the other 15 candidates. >> i have the experience and the test ing testing, the testing which shapes you and prepares you for the most important job in the world. and i believe i know how to work and help restore this great united states. >> with donald trump suck all the oxygen out of the room will kasich be able to separate himself from the track. >> donald trump does not have the character, nor does he have the temperament, to be the

commander in chief of our military forces. if he cannot look john mccain in the face or at least pick up the phone and be a gentleman enough to say, you know what i misspoke. i offended you and i offended a lot of people who have given up to and including their lives. and i want to apologize. if he can't do that he does not deserve to stay on and be in this election. >> let's get back to john kasich. you have perry speaking a very vocal critic obviously of donald trump and the statement saying he shouldn't even be in the race. there's somebody who does have a tremendous amount of experience and private sector in government as governor that is john kasich. he also used to be an employee here at fox. >> our employee. he sat right between zwlus yes he did. >> two decades in congress and came to fox and went to ohio. people wrote him off, said he could never win that swing state. he won it. he is very popular there. i think that it's a key state, although as dana says it's a long way to the general election you have to win -- a republican has to win ohio basically to win

the presidency. kasich could do it. but when you look -- >> he's quite popular. a lot of people talk about kasich and rubio together. >> the monkey and the king kong again. john is kind of a rumpled guy, modest guy. >> he's a midwestern-looking guy. >> he is. >> that's what gop voters that's what their. >> what do you think of the merits and experience? >> here's the thing about john kasich i said for awhile. i think the folks are going to like him because they have for a long time. >> folks? >> that's ahis appeal. he has style and television experience. that's important if you're going to be able to talk to the masses night after night. there is some benefit to being the last one in. >> is he the last one in? >> i was thinking of going in. >> well you can maybe announce that tomorrow. >> if you can find el chopo.

>> i'll use that to slingshot. >> he did win ohio decisively. scott walker could look to wisconsin and say i've would be a blue state twice. ohio goes back and forth. i think if kasich wants to try to make the case he cannot be just the governor of ohio but the president of the united states that he's in a pretty decent position to try to make that case. >> eric is there room for this kind of folksy charming like candidate. >> modest. >> yeah that's a modest individual. he's not the same type of -- juxtapose him to donald trump. >> i think as dana points out his record is fan as tichblgt record in congress is fantastic. he balanced the budget. i think that's very important. as far as likability or that star power name recognition or all that in my opinion he brings ohio which is going to be very important to whoever ends up being the nominee. and i think that's where his real strength is going to be as the second name. >> he took obama care money, though. >> he did a lot of things i don't like about him personally. i don't like his stance on common core. he's pro common core. i don't like that or what he did

with obama care. i agree. that's why if you're asking me personally i would say i wouldn't vote for him as the nominee as a gop nominee. but i would like to see him on a ticket to bring ohio. you want to win. you have to put some of your ideology aside. >> he delivers. you need ohio you need florida. what kind of matrix can you put together? that's why there's been a lot of talk about kasich and rubio together in some combination. guys what do you have to add to this? >> there are now 16 candidates. this is a group if they could like do a village's version of "hair" that's how large this has become. i'm interested in kasich because he was almost or once kicked off the stage of a grateful dead show. >> true. >> i think that alone should put him -- >> smoking a big bong? >> no i think he was trying to get on there because he had a pass and they didn't let him on. i thought you know what? maybe that puts him in the frontline if you have bob weir in his jean shorts kicking you

offstage. >> somebody call fox legal. this is a disclaimer. i don't believe it. >> we had an opportunity to come out here and go here's kasich then we threw some trump on the back side of that for some reason. this is what's going on. donald trump is commanding the media. >> which would you rather watch? >> about that the point? >> yeah. >> which makes the better television? isn't that the point right now? >> but there's a reason. if he was 1 or 2% or zero we wouldn't be doing that, would we geraldo? >> you look to the ratings put john kasich on you're going to get a rating that's about here. put trump on you get a bigger rating. that's what's driving the conversation. >> i want to quickly saw the loser so far is jeb bush. he's come across as an schlumpy little shoulders. >> what are you talking about? he's a tall guy with broad shoulders. >> but compared to trump, just check him out. >> we're going to do a little gopr next. but make sure to catch "the five" tomorrow night because presidential candidate chris christie is going to join us

live in studio. we've got a lot of questions for him. you don't want to miss this. >> like why he didn't back me in -- >> anyway. next greg this it's time for people to stop psychoanalyze the chattanooga terrorist. he's going to try to tell us why. stay tuned.

...and the wolf was huffing and puffing... kind of like you sometimes, grandpa. well, when you have copd it can be hard to breathe. it can be hard to get air out, which can make it hard to get air in. so i talked to my doctor. she said.. doctor: symbicort could help you breathe better, starting within 5 minutes. symbicort doesn't replace a rescue inhaler for sudden symptoms. symbicort helps provide significant improvement of your lung function. symbicort is for copd, including chronic bronchitis and emphysema. it should not be taken more than twice a day. symbicort contains formoterol. medicines like formoterol increase the risk of death from asthma problems.

symbicort may increase your risk of lung infections osteoporosis, and some eye problems. you should tell your doctor if you have a heart condition or high blood pressure before taking it. grandfather: symbicort could mean a day with better breathing. watch out, piggies! child giggles doctor: symbicort. breathe better starting within 5 minutes. call or go online to learn more about a free prescription offer. if you can't afford your medication, astrazeneca may be able to help.

apparently the chattanooga fiend felt his life was worthless. the "new york times" headline wrote "in chattanooga, young man in downward spiral" sounds like a yoga position. and we're supposed to care. i return to this fact. there are many people among us who feel their lives a joke. but they don't force the punch line on all of us. he may be worthless, but the five people he killed were not. that's the math loved by ghouls death in numbers. infamy is their ticket to immore stall tichlt it's achievable. remember that "rolling stone" cover? but there's a cure. you deny the infamy by shutting down the tale like the disease it is. let the tale die. that's only half the equation. we know his story. but what about ours? we cannot deny that the online era has replaced proximity with distance. so while we share a lot about

who we are, we share nothing more. there is no commonality or community. we are everything but americans. it's easy to attack something you don't know which is why we can slander people online or mock the country whose history you detest. the self-loathing anti-patriotism where public spirit is den grated now passes as intelligence on campus and in culture. so the west is not just fighting evil anymore but those who deny it. take democratic candidate marlin o'malley who says climate change caused isis. seriously. clearly he suffers from abis or anything but islam syndrome. it's like ibs except he's the pain in the ass. >> not bad. >> sometimes i think i have it kimberly. then i realize it's just you. >> oh, stop it. >> i know. >> kgbs. since you're already talking, kimberly does knowing the back

story of a fiend help? >> it might bring some kind of comfort or solace to some individuals. >> yes family. >> to explain away the fact that he was obviously influenced by radical islam. okay? and allowed him to be radicalized or sought it out. that should not be forgotten in this story. you can't just go ahead and say this is an individual in a downward spiral. sounds like troubled youth getting involved with the wrong kids smoking after school. that's not what this is. >> nine inch nails album title. >> when you have a very provocative ideology. >> right. >> you have someone who happens to be of that religion or who aspires to be because it is the answers to some of the questions or problems in their lives, then you're going to have a problem. when you have the slick social media promoters, aka isis and they are putting out a very seductive message.

and the kid reads it and says i'm not such a loser. i'm really an isis warrior in the making. i will mold myself to be exactly the person that al bagdadi says i must be. i will find myself a following and i will find life after death. i think it's the story of our era. you can mock or joke and psychobable this or that. it is absolutely the most profound danger our civilization faces. sunni muslim extremism as acted out by the individual by the add hominum individual who sees it in his disturbed and dysfunctional world as the answer to his problems and causes misery for the rest of us. >> eric do places or media enable it by always trying to avoid the whole point of radicalization? it could be depression it could be pills. but they don't say -- >> blame things. let's blame depression blame pills, blame bad parenting.

>> whatever it is. but the reality is every time they do these studies -- remember the nypd a couple years ago put together study that is found that somewhere between 15 and 20% of muslims can be radicalized or would be willing to be radicalized. if you do the math on the numbers, i don't care what you say. call me whatever you want. islamphobic or whatever. but 16% of the muslims in the world or 15 or 20% of the 4 million muslims in america can be radicalized, we're talking 50 75,000 people in america who could be radicals and somewhere around 300 million people who could be radicalized? am i doing the -- yeah. 32 million people around the world could be radicalized. so if you focus your attention on them aren't you more likely going to find the bad ones, the ones that are willing to be radicalized and kill americans? is that profiling?

is that wrongly profiling? >> it won't protect you against jared loughner or james holmes or adam lanza. no muslims there. but the same bottom line attacking civilization. >> we have dozens more. >> dana, when i was a kid i joined the cheap trick fan club. seems like fans aren't joining the finance things anymore, are they? >> my parents wouldn't let me buy the albums and buy it for like a penny? >> the columbia record club. >> can i say one thing i'm concerned about with this? the parents i understand are saying he had drug abuse problems and he was depressed. >> yeah. >> join the club. >> but there are lots of parents, who are parents of children that have drug abuse problems and depression and they don't then kill and target american military. >> they're not radicalized islamic extremists. >> i think there's an opportunity here for the next

president of the united states to have a platform. doesn't have to be the primary platform necessarily. but somebody who is actually going to say that dealing with mental health problems in this country should be one of our top priorities in the next years because we know from all the ones that geraldo just mentioned that is the repeated pattern. >> all right. >> i think that was sufficient. >> okay. should we keep going? >> roll it. next aliens flying sharks and crying toddlers. what's worse? the fastest seven ahead. about a biologic this is humira. this is humira helping to relieve my pain and protect my joints from further damage. this is humira helping me reach for more. doctors have been prescribing humira for more than 10 years. humira works for many adults. it targets and helps to block a specific source of inflammation that contrubutes to ra symptoms. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers including lymphoma

have happened, as have blood liver and nervous system problems, serious allergic reactions and new or worsening heart failure. before treatment get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. talk to your doctor and visit humira.com this is humira at work.

welcome back. time for the fastest seven minutes on television. three fiery stories, seven frolicsome minutes, one fervid host. world renowned physicist stephen hawking is on a new mission,

teaming up with russian billionaires to search for aliens. >> we believe that life arose spontaneously on earth. so in an infinite universe, there must be currencies of life. it's time to commit. >> if anyone can find aliens stephen hawking would be the one. >> yes. but this raises some serious philosophical questions. >> with donald trump >> yes. >> oh, my gosh. >> what if we do discover e.t. and he's delicious and friendly? let's say e.t. is really smart but compassionate but looks like a krispy kreme doughnut. should we eat the aliens? we eat earthlings we eat cows we eat broccoli. that's an earthling. we should be eating the aliens. i have another possibility. what if e.t. is hideously ugly? what if like their version of beauty is a steaming pile of rotting fish carcasses?

then we'd kill them! >> wow. >> based on their looks. >> you are the weirdest cohost i've ever had. >> it's so weird. >> we kill insects on earth. and they are also earthlings. they are earthlings. >> they provide nutrition. >> exactly. if we meet aliens kill them and kill them swiftly, i say. >> something's wrong with you today. i think you should take advantage of the free counselling program provided by this network. >> it didn't stick, kimberly. >> i didn't quite follow that but i'm going to watch it again. knock themselves out, right? if they want to spend this kind of money. private r&d. you never know what other types of discoveries they might find along the way. they might not ultimately find an alien but they could find something else or find a new method for -- >> we should build a wall so we can't find the aliens. >> make the aliens pay for it. >> the discovery of life, even a microbe -- >> unbelievable.

>> right to the moon. right to the moon alice. discovery of life anywhere else unique life even bacteria on some other planet would be the biggest discovery since fire on earth. >> telescope time is very expensive. they only get a few hours for the private sec to to buy in now $100 million to throw in. >> i could think of so many other things to do with that kind of money. but nonetheless, like dana said let them go knock themselves out. >> how about this one? next up a mom crying 21-month-old fed up diner owner, a slap on the counter, a yell at the child, then the social media backlash. it all went down at marcy's dined in portland, maine. >> i slammed both hands on the counter then pointed at child and said this has got to stop! then his mother screamed at me

because i was yelling at her child. you know what lady? you should have take nt kidn the kid outside. mom and dad could have taken the kid out and nipped it in the bud. i had had enough. >> the mom said they were waiting 40 minutes for their food. >> that's why you have snacks. children and men get a little bit cranky when they're hungry. i have power bars so you can eat but no matter what -- >> you're so nice. what if they rel at ronan when he was two like that? >> i would slap her face. >> really? that's child abuse. >> no. my point is if she did something like that? she and i are going to get into it. that's a fact. >> the parents should have taken the child outside. but my goodness to be physical that way? >> she smacked the table. >> the kid could be traumatized. >> both are at fault. the mom definitely should have gotten the kid out away from the peep. and the store owner should have like worked with her on that. >> how about bringing --

everybody knows this in a restaurant. like bring some bread or some snack or something like that. so the kids can have something to eat. bring eh padan ipad or iphone. >> k.g. gives me snacks in the green room. everybody is calm and happy. she's a business owner. if they're busy and they have 40-minute waits, and it's annoying other customers, she's human. like social media should lay off. >> greg? >> i'm with kimberly. i think they should beat the child. >> i didn't say that. >> beat the child to the punch by having some food with you. let me finish kimberly. >> terrible. >> best part of that was i'm with kimberly. interesting. >> really? >> dream on. >> get some elevator shoes. >> many of you also know -- [ overlapping speakers ] >> many of you also know i have a pretty good eye for some of these things. homeland, house of cards, walking dead tyrant. time for my five-star

recommendation. behold. >> i know how this is going to sound. i can sense these storms now. these sharks they have scent. it's not a pretty one. >> sharknados have now been reported all up and down the east coast. >> they're everywhere. >> this is going to be the big one, the one we can't contain. >> sharknados sharknados. >> shack attack. >> oh, hell no. >> oh, hell yes, geraldo. oh hell yes! >> my principal rival on "the apprentice" we went head-to-head. i blame ian for keeping me out of sharknados three" i was a one guy in new york that didn't get a cameo. everybody else did. mark cuban, anne coulter, tara reid as his romantic opposite. >> something extra for tomorrow. your thoughts on this amazing piece of work. >> are you kidding me? i'm a little embarrassed by your

obsession with sharknados. >> i'm not even faking it. >> three times the nado? come on. >> i think this is the greatest movie. >> take it back. >> it's so entertaining. watch. kyle our assistant, k.g. and i have an assistant. you really don't like sharknados do you? i love this. you have to let yourself go. stop thinking and just enjoy. >> kyle watching movies with you? >> how come the dolphins and tunas don't get shot up? >> bo derrek is playing tara reid's mom when it should be the other way around. anthony weiner is in sharknados which is fitting because he is finito. >> dana? >> this is on tonight? >> tomorrow night. >> i think i have plans. >> i'm going to be on megyn kelly tomorrow night.

the next attempt democrats to take down woumpb the biggest job creators of the 2 19 century, that would be uber. stick around.

so you're a small business expert from at&t? yeah, give me a problem and i've got the solution. well, we have 30 years of customer records. our cloud can keep them safe and accessible anywhere. my drivers don't have time to fill out forms. tablets. keep them all digital. we're looking to double our deliveries. our fleet apps will find the fastest route. oh, and your boysenberyy apple scones smell about done. ahh, you're good.

i like to bake. with at&t get up to $400 dollars in total savings on tools to manage your business. uhhh - i left my phone in the living room. this isn't the most efficient way for people -or air to travel. awww! ducts produce uneven temperatures and energy loss. mitsubishi electric systems offer a better way with no new ductwork.... and lower energy bills. so everyone gets exactly what they want! mitsubishi electric cooling and heating. make comfort personal. it takes a lot of work... to run this business. but i really love it. i'm on the move all day long... and sometimes, i just don't eat the way i should. so i drink boost® to get the nutrition that i'm missing. boost complete nutritional drink has 26 essential vitamins and minerals including calcium and vitamin d to support strong bones and 10 grams of protein to help maintain muscle. all with a great taste.

i don't plan on slowing down any time soon. look for savings on boost® in your sunday paper. ♪ ♪ one day a rider made a decision. the decision to ride on and save money. he decided to save money by switching his motorcycle insurance to geico. there's no shame in saving money. ride on, ride proud.

geico motorcycle great rates for great rides. instead of hailing taxies many americans across the country are reaching for their smartphones to order a uber car. >> let's be clear. uber is a multibillion dollar corporation. and they're acting like one. they're look out for their corporate bottom line. they're putting their profits over all other considerations. i do not debate with the heads of private companies over their own self-interests. >> bill deblasio says he wants to freeze uber's expansion to study congestion in the city. uber thinks he has other motives. >> this is the exactly wrong thing to do. at the end of the day i think the motivation here is the taxi

industry has showered the mayor, city council president and others with a lot of money and this is payback. >> the companies launched a tv ad campaign to fight the mayor's plan. >> this is new york. we live in five boroughs. we don't just pick people up. we pick ourselves up. we pick our families up. >> when the mayor came to town he promised to provide jobs. >> he should understand the struggles people go through. embrace the fact people want to work. >> i don't think it is fair. if uber continues grow there will be more jobs across the five boroughs. millionaires don't need help. people like us do. >> okay. that's an ad that was put together by uber. greg david plouth the other sound bite we showed he was the master of the obama campaign and if i were deblasio wouldn't want to go up against him. you seem particularly irritated with the may. >> first the mayor is such a prickly guy. i just can't listen to him. for one thing, oosh uber has been

found to be faster and cheaper than taxis in poor areas. they are screwing the poor because of their alliances with political donors. hillary can go after uber because she already has a driver. she probably thinks uber is a german sex act. she doesn't know what she's talking about. she is people are disgusting. way he treats this corporation as something that's been around forever, multibillion dollar corporation. it just started. you should be celebrating uber. shouldn't be trying to screw it over you lurch. >> eric i was going to ask you in trying to protect their donors and workers, the taxis, they're actually hurting the consumers especially in lower income areas. >> deblasio is worried about traffic in the city? he's got half the west side tide up in knots with construction. >> and bike lanes. >> worst managed traffic city in america right now.

like a politician once things start to work they try to figure out how they can get their hands anytime, what they to make themselves feel more important. they say they're going to protect the quality of the jobs that are being created by uber. that's one of the pushbacks for hillary and deblasio. the problem is they're creating high-paying jobs. myine monorities are driving. 70,000 a year. high-paying jobs. when they put on the regulations and complain and make things not work easily uber will pull out of the city. whats? all those people that were getting picked up by uber cabs? by the way there's a huge problem with african-americans getting picked up by yellow cabs in the bronx. >> not getting picked up. >> right. north of 96th street. they literally have to paint them green so they'll go there.

uber doesn't have that restriction. all those people that want to get to work have to find another way to get to work and pay a lot more. >> silicon valley does support democrats including hillary clinton. this is kind of the regulatory scheme they could expect. >> i can't figure that out. my dad was a union cab driver under van arsdel. the but mineminority people can't hail a cab. oosh has disrupted an industry where a medallion was worth over $1 million, now worth about 700,000. that's what is fuelling deblasio's fight against uber. his constituency the medallion cabs give him a lot of money. >> one other thing, kimberly. one of the benefits of uber has been parents can actually feel safe in putting their kid in a uber to go from point to point. >> 100%. i've done that.

absolutely. >> with ronan? >> not by himself with his babysitter. i put them in the uber send him over to his dad's. also because of the safety you have all of the drivers name information, i can actually say make sure they go to the right location. i can make sure and see on my phone exactly when they arrive. they've gotten to the destination. >> the cars are nicer. they're clean. it doesn't smell. >> they really show up. >> deblasio is waging a war on single moms in new york city? >> he's the worst mayor in the world. >> call me. new details on the drowning at demi moore's home in los angeles. could the actress be held liable for the pool party victim's death? we're going to ask kimberly that when "the five" returns. ♪ if you can't stand the heat,

get off the test track. get the mercedes-benz you've been burning for at the summer event, going on now at your authorized mercedes-benz dealer. hurry, before this opportunity cools off. share your summer moments in your mercedes-benz with us. you pay your auto insurance premium every month on the dot. you're like the poster child for paying on time. and then one day you tap the bumper of a station wagon. no big deal... until your insurance company jacks up your rates. you freak out. what good is having insurance if you get punished for using it? hey insurance companies, news flash. nobody's perfect. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. see car insurance in a whole new light. liberty mutual insurance.

actress demi moore has released a statement after a man was found dead in her swimming pool this weekend. moore says she is in absolute shock about the drowning and was out of the country at the time when she got the devastating news. the victim has been identified as 21-year-old steven valley. he was a guest at a party thrown not by moore but by moore's assistant. the death ruled accidental. but could demi moore be held

legally liable even though she wasn't there? kimberly i think that if the person authorized to have the party, clearly she is liable. if the person routinely had parties and she knew about it -- >> was aware of it. >> she would still be liable. own if the person was sneak around would her liability be limited, it seems to me. >> it would be attenuated but it still wouldn't i think be negligible. they're going to say you're responsible for your employees. in fact if he had access to the house and like you said the past record is going to be very important. perhaps he's going to help prosecute say i did this without her permission. if i were her lawyer i would be getting that statement, sworn affidavit immediately. >> the insurance -- >> the insurance company is going to have to defend against him depending i'm quite certain she has an umbrella insurance policy. homeowner. >> maybe 100 million depending on her exposure. >> what about the people drowning in hollywood pools? >> i stay out of hollywood for

that reason. this assistant by the way ain't getting another job. isn't this like if i were away and somebody borrow add power tool from my garage and went and accidentally impaled themself. >> depending on where they did it. if they did on your property your insurance company would have to defend a lawsuit. >> what if they took my power tool? is that a pool no different. owner of the property. >> employers are responsible for their employees. >> that's not clear yet, eric. >> i would be absolutely shocked if there's any sort of prosecution of demi moore specifically. yeah her insurance company may end up eating it but they're not going to go after her. not like a child who should have parental supervision. >> dana? >> i feel like the guy who's 21 years old and partying in the pool? i don't see how that's her fault. >> her house her pool.

>> we are now talking more about this than the person that was killed in the caitlin jenner car accident. that's what's interesting, right? >> you're not allowed to say anything critical of caitlin jenn er. >> my point. >> i think that was bruce at the time. >> it was bruce at the time. >> are they different? >> one more thing is next. ♪ every auto insurance policy has a number. but not every insurance company understands the life behind it. those who have served our nation. have earned the very best service in return. ♪ usaa. we know what it means to serve. get an auto insurance quote and see

why 92% of our members plan to stay for life. if you have moderate to severe plaque psoriasis. isn't it time to let the real you shine through? introducing otezla apremilast. otezla is not an injection or a cream. it's a pill that treats plaque psoriasis differently. some people who took otezla saw 75% clearer skin after 4 months. and otezla's prescribing information has no requirement for routine lab monitoring. don't take otezla if you are allergic to any of its ingredients. otezla may increase the risk of depression. tell your doctor if you have a history of depression or suicidal thoughts, or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. side effects may include diarrhea nausea, upper respiratory tract infection, and headache. tell your doctor about all the medicines you take and if you're pregnant or planning to be. ask your doctor about otezla today.

otezla. show more of you.

it's time now for one more thing. we begin with miss dana. >> okay. you're going to want to see this. because this guy's amazing. he's 19 years old, australian. he has an accent but you can't really here it. check this out. >> the world championship rubik's cube competition. 5.6 seconds in brazil over the weekend. >> that was sped up. >> that's true. >> that was fake. you fell for it again, australians. >> you just used up your time actually greg. >> go to pressbox.com. i've got a column up there. on the donald and all the things he's taught us about life. check it out. >> check out o'reilly tonight. >> i'm on his show tonight. >> my segment's better. >> that hurts. >> while everyone has been focused on the donald rand paul released his tax plan which has some of the fair tax and the

flat tax issues. he also wants to get rid of the tax code completely. watch how he suggests we do it. or he wants your opinion. >> i'm rand paul and i'm trying to kill the tax code. all 70,000 pages of it. ♪ >> anyway i love this idea. kill the tax code go to flas flatt tax slash fair tax. love it. >> all you rich people want that. >> chain saw massacre. what did you say? about working out? >> rand paul needs to do some upper body work. >> so he could wield that chain saw. selfie anyone? geraldo? i have a great one more thing

today. she's the cutest thing ever. remember stephen curry's daughter riley? three years old. this is a little video her mom took of her birthday. take a look. ♪ >> so that's stephen curry's daughter. on the news conference with them? very cute. adorable. what's up? >> when my buddy rob blagojevich became the last of four governors of illinois to go to jail for extortion and selling obama's senate seat. i said when i heard the tapes it did not seem to me that a crime was actually committed. today the seventh circuit federal appeals court, very conservative court, agreed with me. they threw out much of the convictions of rob blagojevich. he's still in jail because they didn't throw them all out. i expect he's already served two years. we'll soon have rob blagojevich to stick around. >> his hair and your mustache.

>> they should like make out right? >> could you imagine that? >> like sharknados. chris christie joins us tomorrow night. that's it for us. "special report" right here next. another undercover video, and even more outrageous an gruesome depicks of planld parenthood's alleged sale of body parts from aborted fetuses. this is "special report." >> good evening. welcome to washington. i'm bret baier for the second time in eight days a pro-life group has released a video purporting to show a planned parenthood official haggling over price for body parts from aborted babies. and laughing about it. it is reigniting calls for hearings penalties, and financial retribution toward the organization which again today came out swinging in