tune in every night at 8:00 p.m. to the show that is the sworn enemy of lying, pomposity, smugness and groupthink. dvr it if you can. good night from washington. our friends at "the five," next. ♪ >> hello, everyone. i am kimberly guilfoyle. alongside juan williams, jesse watters, dana perino, and greg gutfeld. it is 9:00 in new york city, and this is "the five." ♪ former president obama just can't help himself. his presidency was one of the most politically divisive times in history. the former commander in chief seem to have a convenient case of amnesia when he lectured about the current political climate.ve >> our politics remain filled with division.

everywhere we see the risk of falling into the ways of tribe and clan. and anger at those who don't look like us or have the same surnames or play the way we do. at such moments, courage is necessary. at such moments, we need courage to stand up to hate. not just in others but in ourselves. >> obama was speaking at the john f. kennedy library to receive his prestigious award in part for his leadership in passing obamacare. the house of course voted to repeal and replace major parts of that law. mr. obama response to that development for the first time. >> this great debate is not settled.he but continues. and it is my fervent hope and the hope of millions, that

regardless of party, this courage is still possible. that today's members of congress, regardless of party, are willing to look at the facts. and speak the truth. even when it contradicts party positions. >> okay, dana, let's get some reaction. it's interesting to see him now speak about this. especially what is going on in the news right now. repealing and replacing large portions of obamacare and then he is speaking about that. >> he took some time off. well-deserved time off. every former president has a choice to make. how are they going to shake after? will they take the lead? i think president obama wouldn't turn down an award like this.

he could have waited another year if you wanted to but i think that he thinks he is the best person to try to protect his legacy. the contrast of him and president trump is so stark. we are almost minutes into the show talking about it, the interesting also him needing to protect his legacy -- we learned in that book that just came out, about the hillary clinton campaign -- on election night they said hillary clinton, when she talked to president obama,eg she said, "i am so sorry." the reason is is that she was hopefully going to be in position for the democrats to defend president obama's legacy. and now she is not able to do that. he is still fighting the last war. she still blaming everybody as we talked about last week. he has to be the person.

interestingly, the divisiveness -- i do not know who you are going to blame for that.io you can't blame the current situation. at this thing has been going ont for a long time. obamacare was certainly the most divisive thing that ever happened. he continues to lecture rather than merge ways. it gets annoying a little bit because we actually have problems we need to fix with this law. it's not perfect. it doesn't take a courage award. the more courageous thing to say this a lot actually does need to be fixed. >> especially if your whole goal and intention is to include all americans and make sure they have coverage. greg, you seemed particularly moved by his comments.e >> i don't miss the pacing of his speech. talk about undoing a legacy. talk about taking a war that was winnable and actively losing it because you didn't like the previous president. president obama mastered the art of the two idea prism. if you didn't agree with him,

you were evil. everything that he did was the right thing to do. it was the right thing to do. if you disagree with him on climate change -- you want the planet to die, if you disagree on immigration, you would destroy families. if you are against him on obamacare, you wanted sick people and children to die. there was no halfway point with president obama. his idea of compromise was agree with him. or you were evil. and then he uses these catchphrases about tribes and clans as if those were negative. but they were fine. the tribes were fine when they backed him. i identity politics got him elected. for decades, there were americans -- both democrats and republicans who pleaded with the left for a united idea, they were mocked by progressives on campus, in entertainment, and media.

the idea that somehow this division just popped out of nowhere -- this is a progressive idea. trump didn't win because republicans were tribal. he won because the left was tribal and everybody just got tired of it. >> it worked for him but he doesn't like it now. would you make in terms of the award and his comments? people have been anticipating him coming out of the public and giving some kind of remarks.op >> i was struck by the fact that he was so low-key about it. he never mentioned donald trump or the health care act. he mentioned the need for courage. he was celebrating at the john f. kennedy library. m when you have senators who took measures in the senate that led them to some pain at the ballot box, that's what happens to people who backed obamacare as democrats, who paid a price. they lost office in many cases.

he was saying that today we could use that kind of courage for people coming together and make good health care for all americans. to me, i think it's good news and i don't understand all this harping. obama wasn't elected on the basis of identity politics. lots of white americans votedob for barack obama -- >> why did they vote for him? if they didn't, they were racist. >> that's in your head. >> there were people on networks saying if you didn't vote for president obama, you were racist. >> that's not telling. that's more like an anecdote. that wasn't the reason. he opposed the war. i think that was a big issue. i think we're going through economic struggle. >> he let all that achievement blow away. >> he is coming out and saying the democrats need to fight this

resistance hard against the trump white house and all of his bigoted tribal supporters. because we need to save my legacy. and even republicans in the senate and house need to fight on my side. it's all about president obama. he loves the spotlight. he is the only one that can save the country. he's the only one who can lead this charge. if i were a democrat, i wouldtr not be listening to i president obama. he has led the democrats to historic losses. >> jesse is a lonely guy. you miss obama so much. you want obama back. nobody could make a target out of trump. he is flawless, according to jesse. >> anyone looks flawless being compared to president obama. they lost so badly under president obama. think about this, you touched on it perfectly. he always sets himself up to beu the leader of this progressive

movement.n what achievements internationally have we done well with? i think all of our enemies are emboldened right now. g worst recovery since the great depression. i don't see a lot of things -- the stock market -- >> oh, gee. >> that's a $400,000 speech. >> that's probably the only $400,000 speech you wish was over really soon. you want price per work. >> that speech last night he gave for free.e. >> that is his going rate going forward. >> an interesting thing, talking about profiles today -- both sides need to be honest about it. the left, what they really wanted was a single-payer program.

i want to socialize medicine i they have in europe that they idolize. the right, what they really want -- if they are beingwh honest -- is a fully free market system because they think that would be the best way to lower i the prices. neither side is actually doing that. that is not where americans are necessarily. a littlelike it, we want a bit of that. obamacare was not the most courageous thing they could do. it's almost like -- the republicans know how to fix that problem. it wasn't courageous enough. they still had all of those historic losses. >> the democrats could'vee gone straight up for what they really wanted. >> by the way, he may end up going that way. when he talked about courage, he was talking about not being afraid to speak truth to power. unless he was the power. he has a cozy his relationship with the press. it wasn't a press pool as much as it was a harem.

i don't think he seem to mind that nobody bugged him. you've got to keep this guy honest. with me, stay away. >> you somehow forget that this gossip would cause republicans to say we are going to do everythingin to obstruct and stp it we are not going to cooperate inng terms of presenting the bet possible health care. >> did republicans boycott obama? to the call for his impeachment? >> do you ever stick to a topic? >> you brought it up. >> let's talk about health care for a second. let's talk about what speech the president gave last night. what happened with the health care plan. donald trump said america's health care -- >> obamacare was a failure.mp >> it is the truth. it's collapsing on itself. >> that's because of thet republicans' sabotage. >> the republicans had nothing to do with it. this is president obama and his

group, they built this. who is not. they knew it they were in a ruh to get through it. they forced the american people to suffer and now we need to come in and clean it up. >> that's all fantasy. the reality is it's performing better than the cbo said it would. >> oh, great. >> secondly, you have republicans who turned away from it into damage the ratios inhe terms of people being insured and then you have people like marcoo rubio who took away subsidies from insurers. and then you say obamacare is not doing great. >> like a monopoly on it. it's not affordable for a lot of people.. >> try the plan that president trump -- >> president obama is like the guy that was spoiled for eight years, now telling your parents how important it is to discipline yourht child. he had an easy eight years. he had the easiest life and is now telling us how important it is to be tough and strong.

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♪ >> big news out of capitol hill today. sally yates and james clapper testified before a senate committee about russia's alleged interference in the 2016 election. democratic lawmakers spoke about if yates warned the white house, if michael flynn may have been compromised by the russians. take a look at how the broadcast networks covered today's news. >> breaking news tonight. for the first time, sally yates revealing how she warned the white house about former national security advisor michael flynn. >> sally yates breaks her silence. she warned the trump white house that flynn was lying about his conduct, compromised and could be blackmailed by russia. >> was trump warned about flynns >> president obama in the c meeting with the president-elect

and acting attorney general, sally yates. because she knew michael flynn lied to the vice president. >> president trump criticized the media coverage on twitter writing... joining us now, catherine herridge. what did you think the news was today? t >> we knew about the warnings but this is the first time sally yates warned the white house -- three times -- there was a problem because mike flynn did not discuss sanctions with the russian ambassador when the reports showed the opposite. >> not only do we believe the russians knew this but that they had proof of this information. that created a compromised situation where the national security advisor essentially could be blackmailed by the russians.

>> yates would later lose her job. she felt this flynn situation was serious. >> we were giving them all of this information so that they could take action. the action that they deemed appropriate. >> whether president obama also warned president-elect trump not to hire flynn, he was such a harsh critic of the outgoing administration and then turn the tables. >> president obama made it known that he wasn't exactly a fan of general flynn. they had just reapproved his security clearance a month earlier. why did they let flynn go to russia? >> both witnesses confirm that members of the trump team were identified or unmasked, it offered no new details about who was involved sharing classified information.of >> thank you so much.

this morning, donald trump tweeted the interference story or collusion story. he thinks it's a big story. but the democrats wanted to do today because they didn't have anything new on that, yesterday -- last night -- you had the leak to the media about this apparent discussion that president obama had with president trump about meeting in the oval office. where he was warned about michael flynn.n. >> look at all the broadcast networks. they win at that game. the mainstream media covers it. what i took from the hearing today was that it was a little boring. there's no evidence of any trump collusion with russia. there's no impact that the russians had on the election.

and let's remember james clapper, who he is. he was caught lying to congress about surveillance. >> you are doing what -- >> these two people, obama officials, under oath said this -- they unmasked trump officials, one of them probably was michael flynn. and then they disseminated those names to intelligence officials. there's a paper trail we also learned. there is a request from sally yates' email. if these unmasking requests were legitimate, we may find out how it leaked. that's criminal. >> interesting wording actually. there is a question from one of the senators to sally yates about the possible compromising of michael flynn.

her answer was that he may have been compromised, that was her concern. from a prosecutor's standpoint, that seems to me a little bit stronger. >> it is a stronger statement because she's going out of her way that she made a conclusion with determination, based on evidence or facts that she had. that was her assessment but then the flip side, there was collusion, et cetera. why is it that she saying -- where are the facts? it could be different but where is her evidence to substantiate that? other than her strong word and specific choice of words, whatnc is she basing that on? >> what'd you think about the headlines today? >> sally yates put on withg people that she did not only warn the white house about flynn. headline is what happened in those 18 dandies between the time that the white house was told that in fact he was subject

to be blackmailed by the russians because that's the way the russians operate. they know that they got this guy lying to the president. the trump white house lawyers then say to sally yates --e by the way, she was in person. she goes to see him. she says, what difference does it make if you have two white house officials lying to each other? the russians could use this against our national security advisor. are you to prosecute him? sally yates says no, we want yoa to know. >> it discourages you from public service. why would anyone put themselves through hearings that are so grueling? f it is like watching a turtle knit a sweater. being stuck in a bank line behind a really slow, older person trying to explain something to you and impatient -- trying to change $100 in change.

i kind of like the fact that donald trump is tweeting this because he's like a guy that shouts from his car when somebody cuts him off. it feels good and then he forgets about it but everyone else remembers it.ff is this guy shouting at his car? >> do you do that? >> yes, i do it all the time. we need cliff notes fromar these sort of things. do you remember cliff notes? obama warned them about flynn. but if you judge obama's expertise on hiring, his vetting isn't so inspiring so maybe when he said flynn was bad news, it was a reversal. walmart greeters went through more scrutiny than obama did. >> if yates was so worried about

flynn being potentially blackmailed by the russians, why wasn't she worried about hillary being blackmailed by all of her enemies in her emails? >> wow, how far can you go into the weeds? anything to attack hillary clinton. >> a woman walks into a pool party in florida and police are now investigating what happens next. we will show you when "the five" returns. e are e are now investigating what happens

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but at night, it's the last thing on my mind. for 10 years my tempur-pedic has adapted to my weight and shape, relieving pressure points from head to toe. so i sleep deeply but feel light. and wake up ready to perform. even with the weight of history on my shoulders. find your exclusive retailr at tempur-pedic.com ♪ >> maybe you saw this disturbing video. we had to blur some of it because there were underage people in it. it's a little confusing but saturday, an elderly woman andpe her dogs were brutally assaulted after she asked some partiers near the pool to turn it down. [yelling]

>> so i note the bystanders, what moral champions they are. if she had asthma or a heart condition how isn't this polonius assault? imagine if the cops had shown up with cnn informing us of the honor students were already a successful end of the school year and then were assaulted by the police? speaking of police, broward county confirmed this attack took place in north lauderdale, florida. they do not know the woman's condition yet. the media usually helps in such matters. but right now they are trying tu find the name of the lady who operated a muslim at a

supermarket. no joke. that is the lead on some sites. the pool story is not so much about the assault, the story is the lack of the story and how big the reverse would have been. imagine, an elderly infirmed black woman walks into a frat house pool party. someone body slams her and chucks her and her small dog into the pool.l.la that is not national news. it's international news. "soul-searching" and "national conversation" are the terms that we hear all week. stephen colbert shouts, "welcome to trump's america." msnbc jumps in with both feet. lawsuits are filed before the woman dries off. but here that is not the case. we are the only show doing this story. i guess the woman did not check her privilege at the gate. kimberly, we have some word that there is a possible update that one suspect turned himself in.

what charges could -- did she hit her head? she was thrown into the pool. what is this? is it kids being kids? >> it so outrageous and upsetting. i've prosecuted thousands of cases over the years. can you imagine being in a situation like this? obviously she went over with her dogs. what if she can swim? you don't know. or she had a heart condition or something like that. to me this is aggravated assault or aggravated battery. we could be looking at serious jail time.to a prison time. multiple years.ry up to five years and fines. it should be taken seriously. a total lack of regard for her safety and mental and physical and emotional health in a situation like this. awful. this is about as bad as you can be. >> juan, there have been a lot of instances of mob violence,

mob looting in malls. it's hard for the news to cover it because if you cover it, it's as though you are participating in some kind of racial story. rather than pointing out this isn't about race. this is about lawlessness. >> i would agree. i forget what the term is, these kids rush into a store and grab things. it's totally discombobulated. it hurts communities, black and white. i am not convinced the immediate racial overlay that has caused media -- if that would offend me, i would've said hey, this is too loud. they would've been like hey, this is an old man. d wouldn't have liked it. i don't think that would've gotten it. >> they slammed her to the ground. >> i don't think he intentionally slammed her. i think he pick her up and fell down.

but then threw her into the pool. he should have stopped it but i think the key point is here is that there is a racial -- the kids were black but i think those kids were out of control partying. i don't think they are thinking about anybody. they were not using any racial epithets. >> i'm not talking about the racial aspects. it's the racial makeup that the media won't cover. >> there was no racial component to this story. how this is covered or not covered. i read all the materials on this story beforehand. not one story did it mention the race of the woman or the race of the people at the party. we know why portraying white on black instances is so prevalent. it's so emotionally charged. that comes with ratings and profits. it puts republicans on the defensive and it fires up their base. i do agree with juan on one point. i hate to disagree with kimberly. because i'm afraid.

it did look like he slipped when he was trying to pick her up anb throw her in the pool.. he never should have done it in the first place. it could have been much worse. >> by the way, wherever you go to ask somebody to turn down the music -- you never know what you are walking into. you never do. >> i know. believe me. >> you go to bed at 7:00 p.m. >> i can honestly say i've never been told to turn down the music. except for by you because you hated so much. what's sickening to me is the cheering on and egging on. it wasn't like it was just one person who participated in this. they were egging each other on in order to do it. that scares me. >> somebody ran away rather than helping.

i think the dogs are okay. how shallow are you, looking to see how the dogs are? >> no, i think that is appropriate. >> you think she's going to lose the dogs. i want to know that the dogs are okay. >> dana is up. >> all humans can't swim that well. all dogs can swim. >> there are charges for that too. animal abuse. >> you see these mobs of kids. it is very scary. >> texas has the toughest sanctuary city legislation in. the country. what it means for illegal immigrants and attorneys that won't turn them into the feds, next. ♪ with an unlimited mileage warranty on your certified pre-owned mercedes-benz, you can drive as far as you want

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>> finally, some action against sanctuary cities. governor greg abbott, a republican, yesterday signed a law that ends sanctuary cities in the southern state. >> no company, no city, no governmental body in the state of texas can adopt any policy that provides sanctuary. second what it means is law enforcement officials such as sheriffs are going to be required to comply with i.c.e. detainee request. what is this is going to engender greater cooperation between local law enforcement and federal officials so that we ensure that everybody is going to be simply following the law. >> they could be fined over $20,000 a day. and failure to comply with the law. do you see any temp potential challenges to the small that is telling people to just cooperate with the federal government? >> interesting. it's asking them to uphold the

laws that already exist. on the books. that's what he was getting at. listen, can you believe we asked had pass a law to tell people to observe and uphold the law? that's what they are trying to do. we have seen all the legal challenges. no matter what moves they make. i mean, i worked in a sanctuary city. i saw the pitfalls of it. it is just shocking to me that we now have to tell law enforcement people to actually follow the law that they have sworn an oath to uphold. >> i am all for following the law. the retainer is not a warrant.m asking someone who is jaywalking about their immigration status, that is self-defeating. where you have cooperation between people and the immigrant communities -- >> they are going to say it it is profiling. >> this is hurting it.

it is just not helpful. all of it is just plain politics. >> dana, if you are seeing someone committed a crime, even if it is jaywalking -- the guy has tattoos everywhere, a shavet head -- >> you are profiling. >> is it discriminatory? >> if you want to arrest somebody for jaywalking, yes. i guess you could go ahead and ask them under this new law. there will be lots of lawsuits filed under this. a lot of litigation not just in texas but all across the country. i think that is where l donald trump would be well within his rights into think it would be very smart to ask this supreme court for an extradited review of this. it can't go on and on and on. >> what do you think? >> i'm just getting ready for the liberal refrain. calling everyone associated with this a murderer.

the ones that don't die will be split up. some will be in one state and some will be in the other. no stats on the point you made. when people talk about how destructive this is, just go and look at the south. from texas to venezuela. you will see liberal policies killing people. no one is going to die from this. they are dying from meth. >> a shocking story out ofll penn state. we will have that for you, next. penn state. we will have that for handling the unexpected ... ...doesn't happen by accident. you didn't know we had over 26,000

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>> welcome back. we now turn to a tragic story out of penn state. prosecutors announced criminal charges for 18 fraternity brothers over the death of 19-year-old tim piazza. he died after falling down a flight of stairs being intoxicated at a party. he was found unconscious only after fraternity brothers had waited about 12 hours to call 911. we are now learning more about why it took so long for anyone to call for help. >> i said he needs to be at the hospital right now.r we should call 911. we need an ambulance.

i am screaming. i am being very obvious with my thoughts. i was thrown against the wall. told to shut up. i didn't know what to do after that. >> just an unbelievably awful story. apparently mr. piazza was layina on the couch twitching and vomiting and they wouldn't help him. kimberly, what do you make of this? >> absolutely disgusting. it sickens me. what are these fraternities doing that is good? belittling them, hazing them. honestly. when you see a situation like this, how horrifying for the parents, letting another human being die, internal bleeding. their lack of regard, callous disregard for human life.

mr. piazza would still be alive. manslaughter charges. >> they make you drink a lot of vodka in a short amount of time and the idea is, "he's okay." "he will sleep it off." >> he fell down the stairs. >> not only did they try to have people not call 911, theyn found text messages trying to lie about it. people are going to go to prison. this is obviously a horrible situation and no one should diee when they try to join a fraternity. fraternities do have positive impacts on campus life, socially. they do volunteer work, networking and fundraising. they do have to look in the mirror and when things this happen. these things should never happen. i feel terrible. >> the liability of the university as well. >> dana, he died of traumatic brain injuries. the parents now saying we don't want this to happen to other young people. it happens with some regularity. >> they are very brave and

courageous. there are 18 men who could have made different choices. they chose to join the united states military, instead of doing this, what they are taught is "leave no man behind." this is the exact opposite, what happened here. >> one of the things about fraternity life is that it is fun and social. how do you put it together? >> it's not just a fraternity, it is the age of 17-22. when you appear to be an adult but you are encouraged to act like a child. it's a strange thing. it's not just in fraternities. what needs to be addressed is -- there has to be a samaritan pass. most people don't call 911 and any party situations. in clubs or on vacation, you don't want to be implicated in the law-breaking behavior that might have led to an injury.

you need to let people know, even when you are breaking the law, and the victim who is suffering has broken the law, you get immunity or a free pass when you try to save this person. look, man, i was doing drugs with this guy and i don't want to call the police but i have to. don't worry about it, tell us where you are. there has to be some kind of samaritan pass. that is encouraged. >> this is alcohol, just in case. i nevertheless -- he fell down the stairs. they should have called an ambulance. >> just a horrible story. your heart goes out to the parents. "one more thing" up next. o the parents. "one more thing" up pressure. i feel it every day. but at night, it's the last thing on my mind. for 10 years my tempur-pedic has adapted to my weight and shape, relieving pressure points from head to toe. so i sleep deeply but feel light. and wake up ready to perform.

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♪ >> it is time now for her "one more thing" dana. >> south carolina. very fun, a little sunburned. he plays guitar for blake shelton and provides entertainment. amazingly talented but he invited my young friend up on stage to sing "amazing grace" with him and here is a short clip. ♪ "amazing grace," how sweet the sound ♪ >> super cute. she's really great too.

congratulations on your singing debut. >> a great little dance partner too. what a doll. >> thank you for inviting all of us, by the way. >> greg wasn't invited to come for obvious reasons. >> greg? >> i have a new article up at foxnews.com. how to win in debates when people try to demonize you. i suggest you try to read it immediately but now it is time for this... greg's international news gazette. celebrating its 36th year with a free coupon from mustard. i will tell you why the french election matters, as you know, what's his name emmanuel macaroni won. he beat le pen. now you have justin trudeau in canada, emmanuel macron in france. you have half a boy band. all you need right now is ricky martin to run for governor of puerto rico and harry styles could go up against theresa may. you would have the world's first

presidential boy band. the name would be manudo. >> i know that is your fantasy, when you lie awake at night. >> i just think this is how you bring the world together. >> a mama dog that leads rescuers to her babies. so cute. her name is betty boop. a real life lassie. she was rescued last month, the rescuers were unaware that she had recently given birth until a vet told them she was still nursing. they found the puppies, she sprung into action, leading the rescuers to miles out into the country in an abandoned farmhouse where her ten puppies were found. they have all been adopted, by the way. >> jesse. >> the carolina game -- they were throwing out some first pitches. they were very excited.

this was cameron and carly w throwing out the first pitch. their father, they were a little surprised. roll the tape. >> we have a special player catching those first pitches. >> dad! >> please join me in welcoming home air force -- >> this video is great. they were reunited. >> i'm still trying to figure out -- it is hard -- you would think normally that you could predicted but look at this tape. >> we have got to get people involved. you do that by being honest about the real problems you face and come up with real solutions.

>> can you see why i voted for him? >> jimmy carter felt the bern. he voted for bernie. in the general he voted for hillary. >> condoleezza rice is here, "hannity" is next. ♪ >> sean: thank you from our friends on "the five." we have a very exciting night tonight. rand paul, sara carter, john solomon, pat buchanan, monica crowley, geraldo rivera and former secretary of state condoleezza rice will join us but first, tonight.f explosive new details and a massive political scandal that is becoming watergate on steroids. that is tonight's opening monologue, that the mainstream media ignores. circa news has been at the forefront of uncovering the massive surveillance and is now reporting new information that congress should immediately begin investigating the reports showing a political scandal unlike anything we have now seen in american history.