this. every person simply picks their own president? there's no president at all.goo. "the five" is to next. see you tomorrow. >> greg: hi it, i am greg gutfeld. she runs laps on a close and play. you're watching "the five." how come health care is a disaster? here's why. this is a remote. it has a hundred buttons but i only use the power and channel. i don't know what the other buttons do. if i hit the other one, it's all over. that's health care. it's really designed and overly complicated. so convoluted. if i hit other one, it's all

the call center, a help desk. why is that. it like this remote, it's badly designed. if it were a car, obamacare would have been recalled. it be on the windshield, made of marshmallows. remember that web site launch? it made a last straw -- alesta look good and that causes diarrhea. it says that bureaucracy fails because it is designed for the product and not for you. the product fails because no human can figure out how to use it. president obama took something as vital as health, cordoned it off and at the wrong people are handling it. it's time to get it out of their hands and into those who understand humans. every single day, doctors and business types email us with solutions. they understand functionality and simplicity so people can use

this service minus all the anxiety. the cell phone is way more complex than a financial product. a10-year-old can master it. because a successful product helps you, not the reverse. if president trump truly wants to change things, here is his chance. russell this problem away from politicians and ideologues and let someone else have a shot. could it possibly be any worse? so, dana, i was talking about this with you last night over cocktails. [laughter] >> dana: in separate apartments! >> kimberly: thank you for the clarification. >> greg: getting the public involved in terms of balancing the budget. how does that work out? >> dana: it was in the 1990s, republicans ran on it. bill clinton was even like oh, i'm kind of for that. it's really hard. one of the things -- to go out

into the community, several different cities, you can sign up. my dad actually did one of these in denver. let's say there were ten tables of five people. we were given a number saying this is the number we need to get to you. how would you balance this budget? the five of them a try to work it out. they would try to come up with solutions. basically -- they were confirmed citizens and wanted to participate. >> greg: now with the internet, you can essentially crowd sourced data and find an algorithm to create financial product which is what health insurance companies want. my problem is, we know longer have small government versus big government. the dams create a program and the republicans stir the pot until the dams are back in power. we need a third way. >> juan: it seems to me that there is a division within the

republican party. people like paul ryan to believe in small government doing away with safety net programs or at least reducing social security, medicare, medicaid, and the like. it's not very popular -- guess what, they are the people that elected donald trump. if they have a program serving their needs, they don't want to do away with it. oh, no, not at all. when you have seen here -- it's evidence, gregg, of people who say all kinds of things on the campaign trail. they make all kinds of promises, but the minute you have republicans in control of the house, senate, and white house, oh, seven years you've been saying to do away with it? let's see your plan. today we learned, greg, it's been a scam. this is a scam of the highest caliber. perpetrated on the republican party. >> greg: do you agree, kimberly? >> kimberly: well...

perhaps i don't. what i think is, the republicans -- you talked about this. they really need to get it together. health care is very important but right now, this isn't like driving the train. so, yes, they need -- they made a big deal about it and raised a lot of money with people across the country promising them. but what have you done for me lately? to me, you've got to be honest, with respect to the party and a reckoning is going to come in 2018. the other things they need to do is the tax cuts. i do agree with you, it needs to be retroactive to january 1st. if they do not -- i've said this many times on the show -- if they do not have economic growth, they are injured huge trouble. if you think the collusion psycho stuff is crazy now, wait until they have the house back and are able to afford all the craziness. it will be a a big disaster.

if the economy, tax cuts, all of that and you have a progrowth economy, that will resonate with people. even people who are undecided that may not have been super happy with president trump at first, they will like this kind of positive economic affirmation and it will win the day for him. >> greg: what needs to be done now, jesse? >> jesse: okay, this is going to take a long time. [laughter] >> greg: >> jesse: you have thre senators from maine, alaska, they come from core states. they got hooked on the medicaid money. they needed that medicaid money, i understand they aren't robots. but mcconnell couldn't close a deal with them. mcconnell is not a closer. he couldn't get it done. i don't know why they came out of the gate with obamacare

repeal, especially knowing they had no plan in place. anyone could have coalesced around it. if that doesn't make sense to me. the republican party can even stay on message. if they were talking about increasing competition or reducing premiums. they were running away from headlines about coverage. when you are worried about coverage, you are fighting on the democrats turf. if you want to go bold, go bold. fight on your principles. unfree market reform, on choice. they didn't do it. they tried to slip the baby and that they failed. should've gone with tax relief or even infrastructure. that would have really peeled off blue state democrats. they didn't do that. i will make a point that will offend a lot of people. congressmen and senators are smart. they are not smart people. they are good at winning elections but they don't know anything about policy. their staff know more about policy than they do. lobbyists run circles around them. this is why we need term limits.

they get in there and don't do anything, they are not result oriented. they are just about headlines. >> juan: i was saying go, go. and you blame them, not donald trump? >> jesse: donald trump did not target health care. he allowed ryan and mcconnell free reign and what we have for it? nothing. >> juan: donald trump said it right at the start, i'm going to repeal obamacare and then talk about replaced. he said he wasn't going to do anything with the entitlement program. nothing was social security, medicare, medicaid. but then, guess what? cbo said this will cost 32 million coverage. these dumb politicians you're picking on, guess what? they represent real people who need real help. >> jesse: those three people aren't going to have coverage because you're forcing them to buy a plan.

they're going to say we will give you a choice and cheaper plans you can choose from and we aren't going to slap a tax on you so you have to buy a plan to cover stuff you don't need. that's an argument to me. they did make that argument and now look what they have. they have nothing. >> kimberly: that's a problem. >> greg: dana, the point of the monologue -- is there a third way? a lot of republican intellectuals out there are thinking about this stuff. i always bring up scott adams. he brings up innovative ways with dealing with this stuff. one is actually trying health products out on silicon valley. they can deal it with the risk. the poor can't deal with it. they can. how do people who write to us every day, how did their ideas get to the people that matter? i tend to agree with jesse. >> kimberly: a call center. >> greg: i think the

politicians don't have the good ideas. >> jesse: they don't. a >> dana: thing is, it's extremely easy to give money awy and a program away and almost impossible to pull it back. that's what you have in these states. we do have a problem, there are many low income people in the country that worry every day when they wake up that if they get ill or hurt on the job, they are basically going to go bankrupt and their kids will forgo college. clearly these members of congress have listened. and they are three women. they are listening to their constituents and responding to that. more communication is better. i think the president is smart. the republican senators are coming to him. they also know that they are going to have to vote -- mcconnell said early next week. probably to stay. they will have to put up or shut up on the repeal part of it. to your point on how you get to the replacement, that gap, i'm not exactly sure how they do it -- they are so far apart.

when rand paul officially said he couldn't supported at all, me lee says i can't support it with the tax cuts, and then everybody is against it. i don't know how you actually try to get all of those people in a room. >> kimberly: so true. >> greg: you have to create products that compete and then you end up with true bongo or tripadvisor, kayak, that the sift through the choices. it's easier to fly to tibet and is easier to fix an ankle. in two hours you can book an entire trip. >> kimberly: you are so obsessed with the trivago guy. >> greg: he needs to change up his wardrobe. >> kimberly: some of the people that have conscientious objections, that it should be based on free market, grounded in capitalism, having that healthy competition and also being able to purchase across

state lines, it makes it better for the consumer. if you are in one state, you are not at a disadvantage compared to someone -- you have multiple options to be able to do it. unless you have somebody competing for your slice of the pie, they are going to set the standard and have a monopoly on it. that will essentially drive up the prices and only benefit the health care insurer. what about a little bit more patient centered and focused? what can i do for the average joe sitting across from me? don't take it personally. >> greg: i am average. >> kimberly: so that he has the same advantages and opportunities for his family, for his dollars to move forward? how do you do that? level the playing field. >> juan: speaking for the majority of americans -- it's called obamacare. guess what? 60% of americans now say that what is going on with the

health care system is the responsibility of republicans and as we saw today, they are not doing a good job. >> greg: thank you, media. a brand-new tweet from president trump slamming a story the media is talking about tonight. we are 48 hours from o.j. simpson's hearing. if he's set free, he could be walking into a whole new set of legal trouble. our only lawyer, our only lawyer, kimberly guilfoyle, walks us

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>> kimberly: you can tell i'm hanging out with dana. o.j. simpson has been behind bars for more than eight years but he can taste freedom soon. he might have a whole new set of legal troubles because his murdered ex-wife and her friend are owed tens of millions of dollars after the civil suit. plenty of the money the family want to be able to touch. >> $19,000 a month, $2.7 million. none of those can be touched by that judgment against him and by the families of no cole simpson and rob goldman. it's also protected. at that judgment has escalated to more than $50 million because of the interest and unfortunately, the families will probably never see a dime of it.

>> kimberly: dana, we were emailing back and forth about this. there has been some concern in the public arena as well about the fact that he would be able to keep his nfl pension and the property in florida as well. >> dana: reading it today, i was curious, i was contact my lawyer kimberly guilfoyle. i didn't understand your pension is protected even if you are -- convicted is not the right word. even if you are found guilty in that civil trial. you get to keep all of your pension money. that's what's curious about the principal of that. it seems to me, that's pretty nice money. he can live quite a long time. he's only 70 years old and looks in fairly good health. >> kimberly: for victims seeking compensation, especially when you have the criminal prosecution and civil, he was found liable in the issue

against him. they have been trying to get some monetary compensation back but it has proved to be elusive. public policy, in terms of -- the law supports this, with retirement and pensions that protect the holder of those pensions from having someone sees them as part of their asset for portfolio. it's frustrating when you think about the victims and the families, really so horribly and emotionally damaged and then not have any kind of financial compensation. for example, he still popular. apparently a model prisoner. the celebrity inmate. there will be another iteration for oj to be able to make some money. >> jesse: oj has been annexed chapter. he has annexed chapter. he's always been a survivor. he grew up poor.

he navigated corporate america very effectively. he was in movies. he had a lot of endorsement deals and crossover appeals. in l.a. socialite. a man with a really high-end crowd. it all came crashing down. that's the tragedy for the country but he comes out of this with $19,000 a month. it may seem like a lot of money for most of america but for oj, not that much. if you still going to be embraced to a large extent by black america. there will always be people inviting oj for rounds of golf, buying him drinks, prompting him dinner. will he be rolling in it? no. it will oj survive? absolutely. >> kimberly: juan, your thoughts? >> juan: let me respond on black folks are going to love o.j. simpson. what you have to do, if you go back to the case, realize we are

talking about the black lives matter, ingrid police, questions about whether he was handled fairly. i've got to tell you something. i don't hear people -- the most radical communities saying anything positive about o.j. simpson. >> kimberly: are they going to go -- >> jesse: i think he'll be just fine. >> juan: no, i don't think so. let me ask you guys. here's a new book by o.j. simpson. would you buy that? not me. o.j. simpson, do you want him on "the five"? not me. how about an o.j. simpson speech? oh, i think i've got something to do. i just don't see it. this is what o.j. simpson will bear for the rest of his life. america thinks he's guilty. black-and-white. >> greg: we are all talking about the same thing. he's famous. and can the average person

resist paying attention to him when he's out? when you question him for me, we used to shame people but there are too many people on the planet that are willing to indulge him. think about how different the world is now. he was incarcerated. we have instagram, smartphones, twitter. every public moment of his life, he will be posing for selfies every moment he's outside. if he was smart, he would create a tracking app. where's oj? you download it. at any moment you go oh, my god, he's in my neighborhood. or he's over here. the fact is, his whole life -- come >> jesse: tmc is working on that right now. >> greg: putting his arm around somebody and somebody taking a picture. this is my girlfriend, take a picture with her. hey, i'm stabbing her. no, he will. he doesn't care.

we don't care. right now, we as a public -- we put fame before everything. we consider pass judgment but w when he is out on the street at a bar, everyone is going to want to be there. >> kimberly: and full respect to some of the other charges, there's only one surviving living victim of the robbery attempt. again, he is up for the parole hearing for the robbery. not for the murder. >> greg: he was surprising people in the skies. hey, you are the double murderer. that was the whole point. >> jesse: that was rock-bottom. >> kimberly: more rock-bottom on "the five".

♪

>> jesse: welcome back. connecting race to the various russian investigations? take a look at this simple analyst. jeff sessions, russia, and race. >> jeff sessions did another one of his tough on crime speeches. he wants to bring back the war on drugs and stop and frisk and all these things at target young black men. when you compare that to the way that republicans respond to donald trump and at this investigation, where frankly all of them are which rich white d, they don't see the problem with that. bob mueller shouldn't go by that double standard. >> jesse: as a pond and, i just have to applaud this guy. playing the race card and a russia card. it's a full house. [laughter]

if all morose and ben carson were tied up, i think the republicans would be exactly the same. wouldn't you agree? >> dana: i was reading it earlier today, it's a real. if you separate them, i do think when he's talking about actions by the justice department that black america, as i understand it, i heard cory booker talk about it, they do feel that their policies that existed before president trump was ever in office have been unfairly targeting young black men for so long and there was bipartisan agreement to try to do criminal justice reform. and while there is bipartisan agreement, attorney general sessions is pursuing the policy is that the president wants to pursue and it's getting tougher on crime. there's a disconnect there. he's got a strong point, at least as a pungent. as soon as he is brings in the

russian piece, he lost me. it's before he lost me too. can you be tough on crime and not be a racist? if you're tough on crime, you don't like black people, that's what he thinks. >> juan: that's not what he's saying. >> jesse: that's exactly what he said. >> juan: he is saying that sessions is picking specific crimes to focus on. >> jesse: is the war on drugs just racist? if trump wants to go after this opioid crisis, that goes after a lot of white people. >> juan: that makes her case, jesse. >> jesse: to go after opioids because it affects more white americans. >> juan: member what happened with crack and black america? they raised the penalty for crack as opposed to cut powdered cocaine. that there's much more of an emphasis on dealing and

rehabilitating people that are being so severely damaged, it's an epidemic proportion in our country. the way they look at drugs and by people. >> kimberly: to agree with the approach of not criminalizing and trying to work towards rehabilitation? >> juan: yeah. i would agree with that. >> kimberly: you think that's a better approach? you applaud what they are doing? >> juan: of course. i think it's important to rehabilitate. >> kimberly: do you like my cross-examination? >> jesse: case closed. greg gutfeld. >> greg: i see this as another example of identity politics that's full on ideology and cults. to a hammer, everything is a nail. to a social justice warrior, everyone is a racist. you hear people wishing happy birthday to joann chaz amar. the fugitive. they don't do that with white --

because she is a black woman. on twitter, therefore considered oppressed, because she's a black woman, therefore she's innocent. she shot and killed a police officer. they wish her happy birthday. my point is, that's racist. sooner or later, you've got a let go of this identity politics because it will lead to failure, you will devour each other over this. everything is due to cooperation. the opposite of division. that's why the left keeps losing. >> kimberly: you're absolutely right. this is a move in the right direction. it will produce more effective outcomes. and also lowered the rates of incarceration. but this other guy, totally out of his mind saying that. that was nonsensical. it's divisive for the very purpose of being that way.

it's not moving. >> juan: if you call attention to racial divide -- -- >> kimberly: where's the racial divide? >> juan: if you'd -- >> jesse: they play the race card when there's nothing left. a new poll that might give presid i wanted to know who i am and where i came from. i did my ancestrydna and i couldn't wait to get my pie chart. the most shocking result was that i'm 26% native american. i had no idea. just to know this is what i'm made of, this is where my ancestors came from. and i absolutely want to know more about my native american heritage. it's opened up a whole new world for me. discover the story only your dna can tell. order your kit now at ancestrydna.com.

♪ >> juan: president trump's approval ratings are anything to brag about. very low. but, a new national poll by bloomberg. there are some less popular than president trump. hillary clinton. what do you say, gregory? >> greg: hillary keeps coming back. political heartburn. it never goes away. she serves as a reminder of two important things. why trump won. and why they lost. her. >> dana: president trump should take some comfort in the fact that he was able to win the presidency. despite all of these attacks, it hasn't gone down. at the other thing is if hillary clinton is interested in how to increase her approval rating, after your political career is over, you stay quiet. look at president bush's numbers now. they are higher than

president obama's. that's been because he's been gracious and has moved on and as other great things like public service. >> juan: obama is at 61%. joe biden is at 60%. and trump... >> jesse: can you nominate hillary again? this poll is not fake news. i believe everything about this poll. oj has better poll numbers than hillary clinton. it's not a good scene. dana, if she had been more of a states woman coming off of that loss, her numbers would have been much higher. >> kimberly: remember the whole thing "i'm with her?" she will probably try to hog it again and destroy it for the democratic party. >> dana: if she runs for mayor

of new york... >> greg: i would vote for a pack of cat hair instead of de blasio. >> juan: for trump, the republican base is probably -- there's some flip among white evangelicals and white men who have no conscience -- >> dana: we have to do "one more thing." >> kimberly: also, he's appointing a slew of judges. that's going to be very good for him as well. by the way, no chance for reelection? look at the numbers. that's how he won. oooo.na: we have to do "one i enjoy the fresher things in life. fresh towels. fresh soaps. and of course, tripadvisor's freshest, lowest prices. so if you're anything like me... ...you'll want to check tripadvisor. we now instantly compare prices from over 200 booking sites... ...to find you the lowest price... ...on the hotel you want.

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♪ >> greg: time for "one more thing." it jesse. >> jesse: dana thought she was so cute with their little dog video but i have something that's more ferocious. this is a bobcat attack on a german shepard and the owner gets involved. roll the tape. >> holy [bleep]. oh, my god. holy [bleep]. >> jesse: and look that bobcat. he's swinging the bobcat from his forearm to save the german shepard. now, that's what a dog video is all about.

>> greg: tomorrow i am not going to be here but if you want to see me, go to the paris resort in las vegas. i will be at freedom fast. speaking at the opening ceremonies with william shatner, kennedy will be there. freedomfast.com. omg. omg. the largest wine cork rolling down a hill and a man trying to stop it. >> all: oh! >> greg: he never recovered. he's fine. he's fine. >> kimberly: who does this? >> dana: we promote a lot of books on "the five." we've never promoted a 12-year-old author. my good friend from colorado.

she's wanted to write a book's since she was little. i think at that joke, greg. ever since she was little, she wanted to write a book. she won a contest at her school. 28 pages long. my mom loved it. it's a mystery. it's available on amazon. she actually got a book published. congratulation, mckenzie jones. >> greg: dana? no, juan. >> juan: i'm very proud of you. the g.o.p. failure to repeal and replace obamacare is seen as a broken promise but guess what? it's not the only broken promise, remember canada trump trashing the iran nuclear deal? he called it the worst deal ever made. here he is three months ago. >> it's one of the worst deals i've ever seen. >> greg: oops! [laughter] >> juan: too bad.

the trump administration says they will recertify the deal. they agreed that iran is complying with its terms. wait, what happened? unbelievable. >> greg: they did a political story on "one more thing." poo poo. >> kimberly: all right, this is quite charming. a 90-year-old grandmother. 2,000 tiny hats for newborns, she has made them. her name is barbara lowe. it took four hours to do each hat. in mayfield heights ohio since 2009. she's delivered 2,252 hats to the hospital and she's living right across the street. she absolutely loves it. pale pink, pale blue, pale gree

green. >> greg: set your dvr. >> bret: senate republicans waved the white flag on obamacare repeal and replace. president trump says let obamacare failed. so where do congressional republicans go from here if they can't get consensus on just repealing obamacare? this is special report. good evening, welcome to washington, i am bret baier. apparently failure is an option for it after seven years of promising to get rid of obama's legacy, health care law, congressional republicans are back to an increasingly empty drawing board tonight. trump and the top senate republicans are now pushing for a straight repeal