>> greg: i am greg gutfeld with kimberly guilfoyle, juan williams. eric bolling, and dana perino, "the five" ." we are going to have analysis of the senate confirmation hearing for supreme court justice neil gorsuch in the moment. i know you can hardly wait. reminds me of tom bergeron from "dancing with the stars." slightly less exciting. white house announced a ban on electronic devices larger than cell phones on flames coming from eight muslim-rich countries. i know.

eight muslim-rich countries. where is the outrage? the ban targets machines not men but they are carried by people. yet, no outcry. politically we can't stop terrorists, only their gadgets. but at some point the bombs inside the gadgets will exceed our ability to detect them. nano weapons will soon be bigger threats than the conventional stuff. good luck tracking those. the device ban reveals an obvious truth. the threat comes from radical muslims and therefore more likely to come from muslim-rich countries. is it bigoted to say that? no, it's what scientists call a "duh" ." not about religion, but ends. the truly dangerous have twisted the doctrine to their evil end. if you're looking for evil

members of x, go to where all members of x happen to be. what is the difference between the gadgets ban in the previous executive order. if the travel ban countries weren't so lawless, they would be on this list. show a hand critics of such ban bans, if there were an airline that rejected these bands, would you take the airline. we are going to get the gorsuch in the minutes. i can't get enough of the guy. critics of the travel ban, they are kind of fine with the device ban but isn't it a cloak? is the same thing. we're just saying we're not going to talk with the people. we are going to talk about what they carry. >> kimberly: it makes sense on an inbound u.s. flight.

people were having a problem saying wait a second. this is okay. britain is going to do it? but the travel ban isn't? courts are opposing it that are definitely more pro-democrat liberals, obama ideology. makes sense when you see it down partisan lines but i get it. they must have intel that is specific to put this in place. it's not just us. britain. they are saying they want to do this as well. that tells me there is credible threats, information has been shared collectively with our intelligence agencies which i think is a good thing which suggests the seriousness of it. fine by me. what's the complaint? what you do with kids on long flights? decreases business productivity. there was a guy from san francisco upset about income he travels back and forth to the

uae. >> eric: 20 or 15 years ago, we are still taking off our shoes because someone tried to lay tissue on fire. the travel ban strikes me not as because i don't -- i don't know if there is a credible threat the people are saying. an ipad versus a telephone. what strikes me is these airports in these countries of origin aren't as secure at the entry-level you're boarding the plane. they are not checking you. i'm trying to get up to speed on it. they now have nano drones the size of mosquitoes they think can deliver fatal blows and then sometimes bombs at some point going forward. won't matter where the country of origin is. there is no tsa in the world it's going to be able to find a mosquito-sized drone in someone's pocket. >> greg: it freaks me out.

dana, do you think there's another conspiracy behind this? you read something that said it might have something to do -- >> dana: i will say the article i read. this is not my viewpoint but megan mcardle, wonderful columnist who i trust and she is super smart, she pointed to an article in "the washington post" citing the financial times. saying some people in these countries that are part of the government have been worried that the united states might retaliate against them because they heavily subsidize their airlines. business travel is very attractive and in this case, with this ban of devices, you're hurting a lot of people. the effect is on business travelers, a lot of them from the west to travel overseas. this is affecting a lot more people than the actual travel ban itself. the suggestion being the united states and i guess britain, that's where the theory

breaks down for me, have wanted to say to these governments they have a problem on these airlines. you should fly hours instead. i don't think it's accurate but it's something that's out there. >> greg: use the original tablets. this is what i use. >> dana: anyone who has a book out. >> kimberly: you really do travel with that. >> greg: i do. >> kimberly: you take off your stinky shoes and you look at your toes. >> greg: i can't believe i have to defend my toes on national television. juan, what do you make of this travel ban? as a liberal, you are probably against it. >> juan: i wonder about the effectiveness. i am always for something any -- for something that's going to make us safer but why does it apply to foreign airlines, not u.s. airlines? >> eric: originated.

any airline and that's why they pointed out these airlines, the ones that originate in these airports that are insecure. >> juan: that's not the case. in a number of these places, u.s. authorities are there on the ground and do the checks on the traveler. let me finish grade i wanted to pick up on one dana was saying. a lot of people are saying it may have to do with the subsidies for these particular airlines. >> greg: three countries. >> juan: three big airlines. >> greg: identifying threats. to >> juan: that's different. i am just saying there may be something else going on. that we are punishing these airlines. he says he's going to support american business.

>> dana: why would britton do it to? >> juan: britain has the same problems with their airlines saying why is it that the arab countries subsidize, unfair competition for the airline. here's the bigger point for you, greg. i am saying is this going to make my family safer? the underwear bomber wasn't traveling -- coming from amsterdam. shoe bomber coming from paris. 9/11 bombers from germany. that plus what you said or may be what eric said about phones, cell phones can trigger explosions. they have just as much capacity in terms of electronics as tablets. i am thinking okay, maybe you heard something. democrats like adam schiff who is head of the house intelligence said he was briefed over the weekend by general kelly, head of homeland security. he said it's efficient in terms of the presentation made to justify the action. i am thinking wait a second grade i heard what eric said. i'm thinking the previous bad guys didn't come from arab countries prayed what's going

on? >> greg: from what you said, i can't figure it out. >> kimberly: you have adam schiff saying this, telling you this is good. we are not going to complain about it. this is credible. there is substance. this is based on gathered intelligence and some of what they are saying is from the steel raid in yemen. if it's good enough for the democrats and your crew, let's go with it. >> juan: so easily attacked if you say anything critical. >> greg: it is allowing people like schiff a way out, focusing on behavior, not who you are. it is still people coming from muslim-rich nations but it's not people. it's iphones and ipads. >> eric: i think it's the lack of security of these ten airports and the only airlines fly from those airlines direct to the united states are the ones that are required now to have the band. i agree with you that the ban is

ridiculous. >> dana: i am surprised the emirates would be on the list. >> kimberly: the concern is they have developed a liquid explosive. i'll kind of bomb makers working on the compound. perhaps -- al qaeda bomb makers. >> dana: if it's underneath, it's safer. if an explosion happens. >> juan: no, no, no. they were talking about the samsungs with the lithium battery. >> dana: you can't put it on a plane. >> juan: you can put it in your luggage and that's not great. >> greg: i am being told we must go. coming up, white house pushes back at james comey's revelations that the fbi is investigating potential ties between the trump campaign and russia. more reaction next.

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♪ >> kimberly: new developments following james comey's testimony yesterday. the white house is pushing back,

saying it's time to move on from the russia probe. >> i thought director comey's testimony said a couple things that caught my attention. they confirmed no votes were changed are effective in any of the swing states that president trump won. that's important because if you listen to the democrats and many of their friends, they insist the collusion and the effect on the election, it simply wasn't there. investigation going on for eight months. we know very little about it. donald trump has been present for two months and he has more to show port. >> kimberly: comey disputed the claim that president obama wiretapped trump tower. >> the accusation that president obama was actively involved in harming the trump campaign has now harmed the president himself. he needs the american people to focus on the economy, new health care proposal, border security, not alleged

conspiracies. >> kimberly: nice invitation, greg, of o'reilly. would you care to repeat it? >> greg: no, not at all. i would say, you know, when there's a scene of a terrible accident when they say move on, it means because there is something bad there. even if there's nothing there, don't say "move on." we heard that with benghazi and it upset us and we herded with the irs scandal. somebody says there's nothing there. move on. people made jokes out of benghazi. i say never move on and left the other side expend all their energy and purpose on it. when you say "don't move on and investigate," that makes them question their own efforts long term. if they are not worried about it, maybe there's nothing there but if you say move on, that tells people something is going on. >> kimberly: reverse psychology. >> greg: or reverse reverse

psychology. >> kimberly: or reverse reverse reverse. dana. >> dana: i was reminded of something that president george h.w. bush told me years ago pretty was doing an interview in china and i was staffing it for him at the olympics. they were asking about his time at the rnc. he used to get calls from donors saying you've got to make the story go away. in reference to watergate. he told them this story is like making love to a gorilla. it is not going to stop until the guerrilla wanted to. i figured i could tell that story. >> greg: that is filthy, dana. >> kimberly: it's funny. >> dana: meaning that the media is the gorilla. trying to lighten up. even if you want to move on,

it's difficult. you have the fbi director saying that there was an investigation. they will be asked for updates on it which comey will probably not comment but at some point he is going it either have to say the investigation ended and there is nothing or there is something there. he will continue to be asked about it. the best way for the white house to move on is for a win on thursday when they have votes on the house on the american health care act. if they get a win there, they can try to move on. >> kimberly: that's the strategy. what do you think? >> eric: the left loves this story and they're going to continue to hound greatest -- they are going to continue to hound. >> dana: they are the gorilla. >> eric: comey and rogers said he didn't have any effect on any votes, none. been going on for decades. it didn't affect the outcome of the election and yet the left is all in on this story. that's great, fantastic, but

where are they on things that may have had an effect on the election, when the questions were leaked at the town hall debate prior to the debate. that's all we know about. there could've been more going on but they don't seem to be focused on things like that. >> greg: that is potentially bigger, a bigger effect. bernie sanders could have been the nominee. >> juan: bernie sanders town hall versus a foreign government interfering? >> eric: they said it had no effect on election results. >> juan: said it had no effect in terms of the voting machines but in terms of the election. they didn't say that. how can you say that? they haven't finished the investigation. the whole issue of honesty, trustworthiness for hillary clinton is huge. we didn't have a similar stream of information coming out of the trump side pretty was a one-sided event. what strikes me here is i just

worry about confidence. it's not the role i play on their show to be worried about donald trump, but i'm telling you confidence in him in the midst of crisis. that's why devin nunes said to jim comey yesterday let's get this over as quickly as possible. you hear people saying, you know, we don't know what's going to come. the collusion argument as part of it but what about failure to sound an alarm when you knew something was going on? >> eric: where was the alarm from hillary clinton's camp or campaign or hillary clinton herself saying i don't want to know these questions in advance. this is not right. >> juan: are you comparing this to russia's involvement? >> eric: i am comparing the outrage the left has. where's the confidence lost in hillary clinton when she did not push back? >> juan: hillary clinton is

not the president of the united states. if we get involved with north korea, dealing with russian aggression, the ukraine, i don't have to worry about hillary clinton. donald trump is my president. if he is lying and it's being said by the head of the cia, fbi, nsa, this guy just told you a lie about something like this. oh, my gosh. >> kimberly: when we return, we will analyze the latest developments from judge neil gorsuch's senate hearing. stay with us here in upstate new york. ( ♪ ) at corning, i test smart glass that goes all over the world. but there's no place like home. there's always something different to do like skiing in the winter, jet skiing in the summer. we can do everything. new york state is filled with bright minds like samantha's. to find the companies and talent of tomorrow, search for our page, jobsinnewyorkstate on linkedin.

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set aside his personal beliefs. >> when i go home and take off the robe, i can't tell you i'm not a human being and i don't think about some of those cases. but my job is to apply the law as fairly as i can in each and every case. without respect of persons. that's my oath. not every law in the book i love, you love, i'm sure that come about my job isn't to write the laws. it's to apply the laws. >> dana: judge gorsuch vowed to not be swayed by political pressure if he is confirmed to the high court. >> described in any way you want to what judicial independence means and specifically tell us whether you would have any trouble ruling against a president who appointed you. >> that's a softball, mr. chairman. i have no difficulty ruling against or for any party other than based on what the law and

the facts in a particular case require. there is no such thing as a republican judge or democratic judge. we just have judges in this country. >> dana: basically that hearing has gone on for hours and it is still ongoing. i would say, greg, the democrats are trying to find some way to lay a glove on him. >> greg: that's a great metaphor. it's like a high school dance. inquisitors trying to cop a feel. he's like knock it off. knock it off. the sharpness of the question has to be inversely mirrored by the evasiveness of the answer. the harder you hit, the more you have to have a smooth facade you can't get anywhere with him. he is a goofy dad. he is born to embarrass his kids with weird jokes. very likable, kind of dorky.

>> dana: from a legal point of view, you had to be impressed. >> kimberly: i find him legally compelling. i do. i think he is fantastic. very likable. he comes off a little bit aw, shucks, charming. you don't think he's going to mess me over. he is steady, genuine person, very bright, very accomplished, takes a job seriously and is going to uphold the law. the fact that he's been in the majority 90, 95% of the time goes to show you this is somebody who goes with the law and isn't an outlier or someone who's going to be writing crazy dissenting opinions and try to shape law based on his own personal viewpoint. i think he's doing a fantastic job. he's very difficult for them to try to derail or catch him or any kind of gotcha moment.

>> dana: how do you think the democrats will play at? >> eric: you are seeing what they are doing. al franken, a couple other senators trying to give them a hard time. >> dana: you guys made fun of my gorilla metaphor. >> eric: i see a nice guy, almost one you can't complain at the republican or democrat. democrats want to say they pushed back hard. he is a safe pick. he's not going to be the wild, crazy right winger. kagan and justice soto mayor -- this guy comes from colorado. i don't see them pushing back when push comes to shove. i think you are going to get your 60 votes right away. did you watch ted cruz question him? i was watching and wondering, is

this the next and the next one after that, supreme court justice talking to one another. they weren't getting along famously. i would love to see ted cruz. that would be a hearing to watch straight through. >> dana: get your popcorn. juan williams, do the democrats just want to get it done? >> no. i don't think it's done because you guys haven't mentioned it but democrats are still in a stew over merrick garland. you talk about someone who is qualified. he's even better qualified than this guy. >> dana: merrick garland said he thought gorsuch would be good. >> juan: merrick garland is a gentleman. you had a year, a year, republicans purposely with the most viable political stopped president obama from having a supreme court nominee hearing on capitol hill. you come to this guy and say well, let's look at the qualifications. >> dana: they are not going to

get merrick garland. why not just play the hand you're dealt? >> juan: this is what amy klobuchar, senator from minnesota said, she said you have to look at gorsuch in terms of the world we live in. he put on a show about there are no republican judges, no democratic judges. oh, my god. talk about an alternate reality. the reason we are talking about this as we know he will cement a conservative republican majority on the court, replacing justice scalia. people see him as more conservative than scalia on so many issues, beginning with things like gay rights, guns. >> eric: he didn't sound like he was going to be any sort of activist buried >> juan: he tries to pretend like oh, gee, i don't know why you guys are. >> dana: he said the court had spoken on it.

>> juan: that was on abortion. >> dana: also gay marriage. >> greg: when you are watching the hearings, turn on closed captioning when that democrats ask questions. it is complete and absolute nonsense. it's so much fun. >> dana: next, a teenage girl in maryland was allegedly in a high school bathroom by two illegal immigrants appeared we are going to have details on the disturbing case when we come back. ♪ what we do every night is like something out of a strange dream except that the next morning it all makes sense. to power global e-commerce fedex networks are massive far-reaching

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serving all your motorcycle insurance needs. now, that's progressive. >> disturbing details have emerged in the alleged rape of a 14-year-old girl by two male students who were both in the country illegally. one of the suspects, 18-year-old henry sanchez-milian was stopped by border patrol seven months

ago but was not deported. concerned residents spoke to tucker carlson about her campaign to stop the city from becoming a sanctuary city. >> i am for law & order parade i've been fighting for this but when this situation in rockville happen, it made me really upset because of the fact that a a 14-year-old girl was not protected in the high school. all the money that we in montgomery county pay for our taxes which goes to mostly the schools they have a situation where they allow illegals to come into high school at 17 and 18, illegal, don't speak english, and have an opportunity to do this kind of crime for a 14-year-old is very, very disheartening. >> eric: a montgomery county official is deflecting blame for the attack. >> one of the two individuals apprehended was actually stopped by i.c.e. in texas and released.

how is this on us? this is not on montgomery county anyway shape or form. we have a police chief who is dedicated to public safety and we are following the rules and recommendations he has set. this is not on us. >> eric: all right, kimberly, is it in fact on rockville, maryland or the border patrol in texas? >> kimberly: this is a perfect example where you have this problem where they are finger-pointing this way but public safety loses out and a young girl like this 14-year-old girl becomes a victim of bureaucracy that isn't working properly. channels not communicating. everybody has to uphold the law on their end for the system to work. when you have one component of it not doing that, that's when it falls apart, like you see in sanctuary cities. i understand what they are saying. they did their job, this isn't on us. our police chief is all about law and order and wanting to uphold the rules and laws but

there is a serious problem. from being a gang prosecutor, young gang members, ms 13 in particular, doing human sacrifice and rape, murder, assault. tremendous amount of violence and sexual assault crimes happening via illegals that ms 13 has recruited. >> dana: one of the questions is how do you end up with an 18-year-old who's been enrolled in a freshman level class? the truth is that in 1982 the supreme court ruled schools cannot ask about your immigration status. at the time, the question was about resources and costs and the court ruled it was more harmful not to educate young people regardless of their immigration status. that's why the school had to enroll him. there might be -- might be time to revisit some of this. what this young girl went

through is so gut wrenching and horrible. 30% of rape are reported and happen to girls under 18 and very few rate rapes are report. >> eric: here is sean spicer earlier today. >> the idea that this occurred is shocking, disturbing, horrific and whatever other words that come to mind that someone can think of. school should be a safe place for children who are there to learn and feel safe. part of the reason the president has made illegal immigration such a big deal is because of tragedies like this. immigration takes its toll on our people if it's not done legally. this is another example. >> eric: i think where they are driving at is the culture, how you treat immigration as a whole when things like what

kimberly points out, they fall through the cracks and bad things happen. >> greg: dana saying how you can ask about status and you talk about sanctuary cities. you get collateral damage for romantic, naive beliefs. if you come out for sanctuary cities in this idea that you want to give people an education, makes you feel good about yourself and it shows the conflict that separates a progressive and conservative ideologies. progressives are linked to risk safety for sentimental ideals. we must be more loving. what happens is a girl gets raped. she is the collateral damage of the war on common sense. safety would preserve this sentimental ideals everybody should have. >> eric: juan, instances of this, of rape and murder and violence, is it collateral damage to the sanctuary city programs? and we clean it up while still

having sanctuary city programs? >> juan: of course. you have lost. nobody would sanction or abide sexual abuse of anybody. that's pretty horrible. i have trouble with this conversation because i know 98% -- i feel like i am repeating myself but 90% of illegal immigrants have committed no crime. to characterize the conversation about a legal immigrants were immigration reform to me is offensive because i don't believe most immigrants who come to this country, a disproportionate number of whom are entrepreneurs who start companies. >> greg: i agree with you on that but once the percentage of the general population that commits a crime? is a drastically different? >> juan: yes. it is. >> greg: or are you comparing it crime by crime? >> eric: illegals commit violent crime at a higher rate. >> juan: no, no, no. kimberly said they committed a crime when they cross the border

illegally. kimberly is right, if you are talking about things like ms13 and gangs. we have a problem with that because you have low income, poorly educated kids more vulnerable. we come back to something dana was talking about. it's not about feeling good from the liberal perspective. i think people think it's better that we educate people in our society rather than leave them open as uneducated, unemployable people can -- you can be exploited. >> greg: ms13 are gangs from other countries. >> juan: they bring them here. >> juan: guatemala, el salvador. >> greg: you are not going to educate them out of a gang. >> juan: i would hope it's possible. >> greg: that's not our job. >> juan: similar to the

argument over sanctuary cities where you say people say it's better for us. it's not about feeling good. it's better and safer for us if you have immigrants willing to talk and share information. >> eric: got to go. i don't think that's proven and i don't think we need to talk about the violent crime rates between illegals and the general population. president trump heads to capitol hill to push the obamacare replacement plan before thursday. will mr. trump people to close his first big deal with lawmakers? stay with us.

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♪ >> juan: we are about 48 hours away from the house vote to appeal and replace obamacare. in a high-stakes bid to get the american health care act passed, president trump met with republicans this morning. he delivered the hard sell. sources tell fox news mr. trump warned g.o.p. lawmakers they could lose their seats. if they don't back this bill. despite the hurdles, the president is optimistic about its passage. >> we had a great meeting. we are going to have a real

n: eric, paul ryan, speaker of the house said he feels good about it. president trump said he feels good but he's twisting arms. he said he will go out and work against people, including some of your friends and the freedom caucus who say they still won't vote for it. >> eric: i'm not sure he said it just that way. a lot of people said he was joking around. my concern, and i said this from day one, i wish they would put this obamacare thing on the sid side. we will place it after we get through tax reform. today, the minute there was some pushback, the stock market fell over. they are concerned if he doesn't get his obamacare fixed now it's going to postpone the tax thing until next year which would be very damaging. >> juan: i'm going to -- quick question. does it pass? >> eric: i don't think so. if it passed, i would be saving so much money if this passes but

when we pointed out that a 50 to 64-year-old, premium would go up, that group needs to be fixed. paul ryan is working on it but you have to fix that trump voter before you pass this bill. >> juan: dana, i saw your face. you don't buy into the idea that trump was joking when he is threatening the republicans. >> dana: no, i don't. what do you mean by threats? he might not campaign there or he'll point them out, target them. he named some of them. he's also put some pressure, running ads. he wants this done. the right to life committee is going to score this vote which means if you are a pro-life member, republican member, that score means a lot. that was an incentive point grade >> juan: you do think it passes? gregory? >> greg: i don't know.

i'm going to repeat what i said yesterday. i thought it was my best point of the year. trump is the coachella of administrations. thinking about this week. health care bill, gorsuch, intel, russia, trump rally. for obamacare. but it's different. it's a live show. he's got four stages going on and the press has to keep up with him. this could be a really big story and people could be following it but not as many people are following it. it is been -- it is in the fifth block, gorsuch is the mellow stage. you have all these bands and nobody can keep track. >> juan: i go now to beyonce. paul ryan says he feels good in part because they have made

slight modifications. requiring medicaid people who are able-bodied to work and rewarding states with lump sums instead of per capita spending. >> kimberly: they are trying to make modifications. accommodations to get the votes they are getting feedback. if you do this, i will give you the vote. that's what's going on behind the scene but the best person to get get it done is donald trump, made stage -- mainstage event. >> juan: "one more thing" is up next. i'll never find a safe used car. start at the new carfax.com show me minivans with no reported accidents. boom. love it. [struggles] show me the carfax. start your used car search at the all-new carfax.com.

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♪ >> greg: one more thing. >> eric: colin kaepernick is on the open market but he's having a hard time getting teams to sign him. he said he's going to stand for the national anthem. teams don't seem to want to sign him. >> there was an article today, reported that nfl owners don't want to pick him up because they don't want to get a nasty tweet from donald trump. if i remember that one, i'm going to reported to the people of kentucky. they like it when people actually stand for the american flag. >> eric: that has more to do with the people signing the checks saying you've got to put butts in the seats. >> juan: we still don't know about deflategate but the

biggest victory of 2017 has been solved. tom brady's jersey. we have found it. footage was discovered showing mauricio ortega, a media member from a mexican paper, walking out of the super bowl locker room with tom's jersey. turns out this isn't the first time ortega swiped from the super bowl. he had one of brady's jerseys from super bowl xlix along with what looks to be von miller's helmet from last year. the jerseys are with the nfl. soon to be returned. tom brady said he's grateful and he hopes something positive can come from this experience. >> greg: tom brady shouldn't complain. drive 30 minutes to new jersey. ladies and gentlemen. >> dana: i laughed twice because i heard it earlier. i am plugging a book.

she wrote "the president will see you now." she worked for president reagan for a long time. got praise from the former prime minister of canada, mulroney. ed henry loves it. i also want to say happy birthday to angie, my sister. this is a picture from when she was four. happy birthday, angie. >> kimberly: many of you may have heard about a death that occurred, important individual in the history of ireland. martin mcguinness, an irish revolutionary with the irish republican army, passed away at the age of 66. what was interesting about his stories he was key to go forward to create reconciliation between

northern ireland and the irish catholic in ireland to bring about a peaceful order there which was really incredible. and he became a symbol of peace between ireland and britain than it was epitomized by this incredible meeting between queen elizabeth when she visited belfast in 2012. he served as minister until january when he fell ill. rest in peace. >> greg: time for i hate these people. there is a transition. when you're in the elevator and you've got a dog, you've got to keep it close. as appealing as it may sound, i don't need my parts sniffed. i also don't need a dog knows and my chinese food. i don't want a dog sniffing my food. when your dog back.

>> dana: elevators are very important. >> greg: i'm a short guy so it's easy for the dog to get there. set your dvr so you never miss an episode of "the five." that's it for us. >> bret: judge neil gorsuch is still on the hot seat on capitol hill after a long day of questioning. this is president trump heads to capitol hill to make the final sale on the american health care act. this is "special report" ." good evening. welcome to washington. congress is weighing the odds on two big items, confirming the next supreme court justice and voting to repeal and replace obamacare. at this hour, judge neil gorsuch continues to sit through what will probably be the toughest job interview he will ever have as senators grow president trump's nominee to be the next