♪ >> jesse: i'm jesse watters with emily compagno, juan williams, dana perino, and greg gutfeld. it is 5:00 in new york city and this is "the five" ." major developments in the confirmation battle over brett kavanaugh. the white house giving the fbi the go-ahead to expand its investigation of the supreme court nominee by interviewing anybody he deems necessary. this is, the bureaus probe could wrap up as early as tomorrow. president trump standing by his nominee in light of the latest fda review. >> this is their seventh investigation.

it's not like they are just starting. i want them to do a very comprehensive investigation. whatever that means according to the senators and the republicans and the republican majority. i want them to do that. i wanted to be comprehensive. i actually think it's a good thing for judge kavanaugh. with that being said, i would like it to go quickly. the reason i would like it to go quickly, very simple. it's so simple bird because it's unfair to him at this point. >> jesse: after demanding the fbi probe, democrats are predictably complaining it's not good enough. >> based on some of the reports we've seen i'm very concerned about this because the white house should not be allowed to micromanage an fbi investigation. >> there is time. the thing is, every senate vote matters and there's time to get to the bottom of it even if it is seven days. that's bad enough but then to

limit the fbi as to the school band who they're going to question. >> jesse: the arizona prosecutor we saw at the hearing last week is dealing a blow to democrats. rachel mitchell details in a memo why she would not bring criminal charges against kavanaugh, saying it's even weaker than "he said-she said." dana, you missed this, on vacation. >> dana: i kept tabs on it a little bit. they have a thing called wi-fi in spain. it's absolutely remarkable, the week. i said to greg i can't believe i missed the week. he said that's a okay. next week will be worse. here we are. so extremely compelling answer interesting polling came out today from quinnipiac saying 40% of people polled, voters polled, said they did not think he

should be confirmed. 42 percent did. but 56% think he's -- this is part of a political smear campaign. i can't remember the other number. you're going to see some more polling on this. there are basically four centers this comes down to. murkowski, flake, collins, and manchin. president trump was in west virginia. there is incredible pressure on senator manchin because his constituents, a number that's astronomical, want brett kavanaugh to be confirmed. i think a risk per brett kavanaugh's nomination this week is that now that the hearing is done, now we have this fbi investigation, as you said, democrats saying that's not good enough. senator mcconnell saying today we will vote this week. in the meantime, you basically have dead air per brett kavanaugh. president trump speaking so passionately about his nominee today from the rose garden helps

fill the gap a little bit but the news cycle move so fast. president trump has a rally tonight and he's got one tomorrow. how long can he keep it going? it's important for the nominee and president trump to keep it in the news on their terms. >> jesse: he is high-energy enough. i think you can fill the void. this mitchell report, emily, that came out. she was nonpartisan sex crimes prosecutor who republicans brought in. she released a letter that said some interesting things that she would never, ever bring charges in a case like this and it's incredibly weak for a number of reasons. >> emily: multiple things about the report. first of all, we are already hearing backlash that she should mended a report which i find preposterous. what is she going to do? text from the plane? this was outsourced by the senate judiciary committee republicans for her to do a job. of course she's going to issue a report. i'm also hearing a lot of backlash from other prosecutor saying this wasn't a proper investigation and that's not the appropriate standard. the bottom line is she did the

absolute best with what she was given and the investigation in that closed world. she used a preponderance of evidence standard which is the lowest. to bring charges as a prosecutor, the standard for that is that you have reasonable belief that the charges are supported by probable cause. and then also admissible evidence supported and it's in the interest of justice. she used the lowest possible standard, getting the lowest bar to cross so far to insufficient. i found the report detailing and that she should be given more credence than she is. >> jesse: are the democrats out of bullets? we've had hearing after hearing grady has produced more documents and answered more questions than any supreme court nominee in history and now we have a seventh fbi background check. is it going to be enough? >> juan: check your history. we've had longer confirmation battles in our history. what you're saying here, i'm

amazed at what you just said about this prosecutor from arizona not being partisan. she was brought in because they were all male republicans and she was brought in by the republican side, i definition -- >> jesse: does that make her partisan? >> juan: yes, it dies. as i recall, lindsey graham cut her off because he thought she wasn't being effective and now she decided she's going to redeem herself with the republican buddies by issuing this report which has no standing because it wasn't based on any kind of investigation based on what she was able to gather at the hearing. >> jesse: the key point from democrats, the deal like this woman and she did a nice job. gentle and professional. >> juan: the democrats. but here's the thing, the key point is you look at the poll numbers that dana referred to. look at the fox polling, quinnipiac, you look at harris, harvard, it's all the same. people don't believe kavanaugh. they do believe her. >> dana: no, that's not -- that's not -- that wasn't the question.

unless you saw a different poll. that was not the question asked. >> juan: the fox poll has 50 percent do not confirm. 36% [bleep] believe ford , not kavanaugh. it's become tribal. you see an uptick in terms of the number of republicans who are backing kavanaugh. they didn't act kavanaugh to the extent they backed neil gorsuch. this is not a popular nominee. in the midst of the tribal warfare, it takes up. it takes up among democrats as well. the key question for me, in terms of when we go forward, what's the standard? now there's four people who knew kavanaugh either in high school or college and they are saying he wasn't forthcoming and truthful about his drinking. if you hold to the standard, and i are going to get democrats were going to say this is a matter of character for someone we are putting on the court for a lifetime appointment and was

lying about winking. >> jesse: no one lied about drinking. you want to use the drinking standard, ted kennedy comes to mind. >> greg: i hate that we are using polling to gauge someone's innocence. this is not a job interview. this is now the coliseum in which we turn to the crowd, gave the thumbs-up or thumbs down. they didn't just move the goalpost here. they turned over the gameboard because they knew they were in trouble. if he is lying about booze, what else is he lying about argument cometh clear dr. ford lied about a number of things as well. you can call them inconsistencies. that's the polite way of saying lies. whether it was about plane travel. she only has a fear of flying when it's not on vacation. the polygraph. she wasn't sure when it was. she said it was a devastating experience but there were two questions. the claim that she never got an offer from the republicans, like grassley, tablet meeting over there. giving notes to reporters.

changing bystander to not bystander. i will be diplomatic and say there's a lot of inconsistencies to her otherwise credible testimony. that is how you talk apparently. if his lies about booze, which i do believe he fibbed about his drinking because he's talking about his drinking in front of his wife and kids. i am sorry. i do the same thing. when my wife asks me how much i drank over the weekend while she's away i say not much, honey. she says yeah, right. those lies have nothing to do the actual accusation but since we are talking about alcohol abuse, let's talk about the democrats who are obviously alcoholics because they completely blacked out the last five days. they do not remember that the third accuser has a history of lying and sexual misconduct claims, lying about her employment, lying about her education. they don't seem to remember the avenatti bombshell from last week which is now the bombed shell that she lied about her background.

they blacked out about the rachel mitchell memo. we are covering it. the only reason we are covering it, because no one else's because they blacked out. these are huge things that the media cannot remember because they don't want to remember it. it's disgusting. >> juan: you listen to the president today, the president is now engaging in just the kind of angry bullying behavior. cory booker. >> greg: [laughs] >> juan: richard blumenthal is a liar come all these democrats, they are not angels over there. >> greg: isn't that great? >> juan: we are talking about a supreme court nominee. totally denigrating the whole process. >> greg: uncorroborated accusations. destroying a person's life. and uncorroborated accusation. >> juan: you are focusing as if this is just about kavanaugh. >> greg: this is all it's about. you are willing to destroy somebody over a seat. you can have the seat. >> juan: i have bullets and me

from trying to defend someone when i thought they were being unfairly maligned. i will tell you when you look at kavanaugh, you just said you think he is fibbing about the drinking. you have to speak to a man or woman's character, putting them in charge >> greg: a guy trying to play down the beer. >> juan: in the yearbook, you have something about the devils triangle. >> jesse: you are selling books while we were going over all of that. the devils triangle is a drinking game. i want to see your yearbook. poll juan's yearbook. >> greg: you don't have to go that far. >> jesse: can dianne feinstein and and democrats be in big trouble after christine blasey

ford's letter got leaked? come on. ♪ feeling unsure? what if you had some help? introducing the new 2019 ford edge with the confidence of ford co-pilot360™ technology. the most available driver assist technology in its class. the new 2019 ford edge. endless shrimp is back at with all the shrimp you want, any way you want them. there's new sesame-ginger grilled shrimp with savory soy-ginger sauce and sprinkled with asian seasoning. and favorites like garlic shrimp scampi! but endless shrimp won't last endlessly, so hurry in. iyou may be at increased riskf for pneumococcal pneumonia -a potentially serious bacterial lung disease

that can disrupt your routine for weeks. in severe cases, pneumococcal pneumonia can put you in the hospital. it can hit quickly, without warning, making you miss out on what matters most. a single dose of the prevnar 13® vaccine can help protect you from pneumococcal pneumonia. prevnar 13® is approved for adults to help prevent infections from 13 strains of the bacteria that cause pneumococcal pneumonia. don't get prevnar 13® if you have had a severe allergic reaction to the vaccine or its ingredients. adults with weakened immune systems may have a lower response to the vaccine. the most common side effects were pain, redness and swelling at the injection site, limited arm movement, fatigue, headache, muscle pain, joint pain, less appetite, vomiting, fever, chills, and rash. prevention begins with prevnar 13®. ask your doctor or pharmacist about prevnar 13®. the best simple salad ever?d great tasting, heart-healthy california walnuts.

so simple, so good. get the recipes at walnuts.org. a town where almost half the population is self-employed. this is stonington, maine, lobster fisherman is the lifeblood of this town. by 2030, half of america may take after stonington, self-employed and without employer benefits. we haven't had any sort of benefit plans and we're trying to figure that out now. if i had had a little advice back then, i'd be in a different boat today, for sure. plan your financial life with prudential. bring your challenges.

♪ >> dana: some senate republicans are outraged over

the leak of allegations made by christine blasey ford. lindsey graham and others are pointing the finger at temperature dianne feinstein and demanding answers. >> i'm going to find out who in feinstein's staff recommended debra katz to be dr. ford's lawyer. it's improper for senators to recommend lawyers to constituents. i'm going to ask if you thought she needed a lawyer, why didn't you come forward and tell the committee about the allegation? the person who sent this anonymous, destroyed her trust, pretrade her request to be anonymous, had a political agenda. i'm going to get to the bottom of it. >> dana: senator mazie hirono is dodging questions on a democrats -- if democrats are responsible for the leak. >> are you confident democrats didn't like the letter and how do you respond to senator graham's charge that it was inappropriate for senators to refer dr. blaise a ford to a lawyer? stick with these things don't focus on the things we should be focusing on which is the

credibility of judge kavanaugh. >> dana: emily, your chance to cross-examine even though she is not here. the question is about this block, talking about the leak, had the letter from her, the information in july and they waited until the last minute. if it was that serious, why did they wait and who leaked her name? >> emily: i waver back and forth on whether the investigation is something i am for food on the one hand it's another race to which verses and time. and on the other, it sets the example in the point, just what you said. we're not going to stand for that kind of leak when the democrats are clearly weaponizing this poor woman, dr. ford, all she want to do was say and private, remain anonymous, feinstein had multiple chances to do it and preserve the anonymity. and then it all exploded in her face. the senators continued using her as a pawn. i found it interesting. one of feinstein's guests was alyssa milano.

people who champion the woman, the assaulted woman, the alleged accuser, the victims. here the one they are purporting to stand behind, she, unfortunately she is the biggest pawn of the mall. >> dana: this is one leak they don't want to talk about. unlike the other leaks. >> jesse: reminds me of the russia investigation. supposed to be looking into collusion with the trump campaign and the president saying wait a second. look at the dossier. look at the fisa abuse. look at the leaks and all that stuff. why don't you investigate that? because there is a lot to investigate and the democratic side when you look at the chain of custody, this letter by dr. ford was always in democrats' hands. they leaked it and it's clear. katz, the woman representing dr. ford, recommended by dianne feinstein. she is also -- she is tied into demand justice, a group run by the clinton people. i am confused about something

else. she defended al franken one al franken was going around groping people. that was okay. that wasn't anything that he needed to be disqualified for. as an adult. ford is being represented pro bono and her house in palo alto is assessed at millions of dollars if she has this gofundme page. i don't understand what's going on there. the polygraph test results have not been proffered. the medical, the therapist results have not been proffered. it comes down to that fact that they have mistreated this woman. if you are a me too person, you are supposed to treat these alleged victims with respect and dignity and provide a safe space for them and so that other women feel comfortable telling their stories. instead, they have thrust this woman is the national spotlight and watched her relive all of her trauma and used her for political purposes and it's just not right. >> dana: what do you think

about the leak investigation? some republicans think that the fbi, if the investigation is expanded, should include dianne feinstein. >> greg: absolutely. i mention that they should investigate her. perhaps her chinese driver was involved. it is like driving miss daisy. also i think you never know what's going to turn up with dr. ford. that is the thing. if you expand this investigation, there may be stuff they find out about her that we don't know about. dianne feinstein being attacked by her left flank in california. she is fighting for survival. this is what so disgusting and dirty. she is willing to destroy family and a victim in order to stay in part or she's entering her ninth decade on the planet. she still needs to be in power. all of this is so she can survive, and it is so selfish. i think she's 81, right? maybe retire. you don't need to destroy these people's lives just to stay

there. tyrus on my show had an interesting theory that feinstein held onto that letter because she knew that it was garbage and then at the end, realized what the hell, let's see what sticks. >> jesse: are you saying you're not going to be on "the five" in your 80s? you'll be long retired? >> greg: maybe they will have a seniors show for me. >> dana: they can use -- juan, dianne feinstein is being attacked from the left firm is handling this. >> juan: first of all, what's incredible to me, listening to you guys, if somebody and honestly makes a charge, you have to say well, basically that's not fair. especially if it's a charge, someone up for supreme court. you should handle it with great caution and if you decide it's legitimate, you should have the investigation in committee first before you justify taking it before the american people.

but all of a sudden, it's wide of this letter come out of this time? she did an interview with "the washington post," professor ford, and that's what put her name out in the public. >> dana: no, but juan. that's not true. >> juan: this is about republicans trying to get away from kavanaugh's lack of veracity. >> dana: no, it's not. >> juan: go into the weeds and say it's about dianne feinstein. it's not about dianne feinstein at all. you see catherine out there, he says -- it's a clinton conspiracy. it's the democrats. boy, did he betray himself and lacking judicial -- >> dana: wow, that is so unfair. >> jesse: wasn't hillary who who said everything is a white wing -- right wing conspiracy. >> juan: i'm not putting hillary clinton on the supreme court.

>> jesse: you just wanted to put her in the oval office. >> dana: do you think there's any evidence during his 13 years that he was on the circuit cour court -- okay. so he was accused. >> greg: that was a human being in the there for that was a man fighting for his life. that was not a judge. >> juan: you can't have a one-sided conversation which room or the fact that gas to put him up there? the federalist society. >> emily: i was president of the federalist society in law school. i am trying to say the notion that judges are permanent robots is absolutely ludicrous. i have heard federal judges widely respected judicially make the most outlandish comments that i can't even repeat on air. the thought that a man who was defending himself, refuting the fatherly allegations, salacious allegations. that if you hadn't gotten angry,

people one of said she's obviously guilty. he shows anger, then do he doet have judicial temperament. >> dana: kanye west under fire for his pro trump speech on "saturday night live." greg will break it down next. the light of the moon. ♪ applebee's to go. add a fountain drink to your next order for just 99 cents. now that's eatin' good in the neighborhood. little things can be a big deal. that's why there's otezla. otezla is not a cream. it's a pill that treats moderate to severe plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla . it may cause severe diarrhea, nausea, or vomiting. otezla is associated with... ...an increased 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. upper respiratory tract infection and headache may occur. tell your doctor about your medicines and if you're pregnant or planning to be. otezla. show more of you.

this is frank. sup! this is frank's favorite record. this is frank's dog. and this is frank's record shop. frank knowns northern soul, but how to set up a limited liability company...

what's that mean? not so much. so he turned to his friends at legalzoom. yup! they hooked me up. we helped with his llc, contracts, and some other stuff that's part of running a business. so frank can focus on the beat. you hear that? this is frank's record shop. and this is where life meets legal. hey guys. today we're here to talk about trucks. i love trucks. what the heck is that?! whoa! what truck brand comes from the family of the most dependable, longest-lasting full-size pickups on the road? i think it's the chevy. ford. is it ford? nope, it's not ford. i think it's ram. is it ram? not ram. that's a chevy! it's chevy! that's right. from the family of the most dependable, longest-lasting full-size pickups on the road. gorgeous. chevy hit it out of the ballpark with these.

♪ >> greg: "saturday night live" spoon mayor offered comparisons between bravery and cowardice, authenticity and hypocrisy. kanye west making a pro trump speech eliciting walkouts and boos. >> they will lead to me backstage and said don't bother that had offered 90% are liberals. going to make it seem like it's so, so, so one-sided.

>> greg: why is it brave? someone sacrifices their street grid and offers themselves up to ridicule from the cool kids so others might not be targeted, that's brave. the opposite, instead of facing the mob, you just grab a pitchfork like matt damon did playing brett kavanaugh on the same show. >> let me tell you this. i am going to start at and 11. i'm going to take it to about a 15 real quick. >> greg: the nominees angry is worthy of mockery even if he believes he's been unjustly accused. i guess he should've come out singing "we are the world." it begs the question, would matt damon behave differently if he were the accused? let's ask him. >> if you make that same claim today to me, i would the scorched earth. i don't care if it cost me

$10 million, you are not taking my name from me. my name and reputation. i've worked too hard for it and i earned it. you can't blow me up like that. >> greg: someone has amnesia. if matt damon were acute, he would scorch the earth just like kavanaugh but once the chips were down damon scorched kavanaugh instead. cowardice and hypocrisy, the gulf between fearful virtuous public expression and hidden private terror. on tv you can say yeah, this accusation is disqualified but when you get home it's "what if they come for me?" this is nuts. politicians, celebrities, media, so many have been accused of something. do you want to bet they feel their pain was unjust? matt should ask his friends. hey, then, were you ever accused of something and was it unjust? imagine how many of them fight back tears and anger. it will performance.

may be matt can mark that too. nina, i find it interesting. this focus comes down to memories, one woman's memories, advanced memories, uncorroborated evidence. matt damon just proved how valuable a memory is. he cannot remember what he just said, may be two years ago about the me too movement. he can't remember that and then he mocks the very person that he envisioned himself becoming. >> dana: didn't he also get a lot of blowback about that interview. he touched a hot stove and he realized i better not do that again. the difference was in the clip you showed come he was being himself. he was being asked what would you think? on "saturday night live," you get to be an actor. brett kavanaugh doesn't have the luxury of getting to go on "saturday night live" and act. he doesn't get the luxury of taking an oath and going in front of the senate in front of the country and acting.

he had to be himself. he had to defend his own honor. he doesn't get to act. that's what really does bother me about hollywood. >> greg: emily, i'm just bringing data. trust me. since 1997, the oc paid more than $17 million for 260 port settlements and awards for the government, congressmen and senators. i wonder how many think that was unjust, the accusation was unjust but they paid? just like celebrities do. >> emily: absolutely. remember the hush fund that we learned about. >> greg: i should've just said hush fund. >> emily: that's exactly what we were talking about earlier. the notion that this person is not going to be human or the notion that one can subscribe, how vehement and how angry they are. i don't understand it has no basis in his argument. but it's been reduced to a

binary argument anyway. everything out there actually belongs on the specter money at all it is is partisan tribalism. no one gets in their corner and hunter hieronymus has ridiculous things and there's absolutely no reasonable -- the fact that after kavanaugh testified, there was such a backlash over the anger. it shocked me. there was a quote for "the washington post" published that said he is lying because of his upbringing. it's those kinds of equations that to me, it blew my mind. >> greg: can we play the damon thing? let's do it. >> if you make that same claim today to me, i would, i would, i would be scorched earth. i would go, i don't care if it cost me $10 million to fight this in court with you for ten years. you are not taking my name for me. you are not taking my name in my reputation. i've worked too hard. i worked too hard for it and i earned it.

you can't just blow me up like that. >> greg: juan, that's a better impression of brett kavanaugh than he did on "snl." i think he reflects the mind-set of every man who feels they been unjustly accused. >> juan: i think they do things to be sent, one is he was talking about being sued. i don't think that all these years, even after she did therapy and all the rest that she ever sued. >> greg: this is worse. i would rather be sued. >> juan: i don't think so. clearly. hang on. i think what he was talking about there was someone getting into his pocket and taking his money as well as -- >> greg: his name. >> dana: his name. >> juan: can i finish? as well as ruin his reputation. in kavanaugh, i think you have a different set of circumstances. but i wanted to move on to kanye west. i can't believe, we disagree about what happened with matt damon but i can't believe you would celebrate kanye west who says stuff like we should abolish the 13th amendment. >> greg: is an unusual idea but i think --

you should read up on what he was talking about. >> juan: he later came back and said i didn't really -- but i would amended. 13th amendment ended slavery. >> greg: i don't think he is trying to bring back slavery. >> greg: i am saying, how crazy is it? didn't get any attention from the conservative perspective, libertarian perspective. that's not worthy. if i was on the trump side, i would say let's leave him alone. >> greg: jesse. >> jesse: next time you're on vacation, we should have kanye sit in. >> juan: that would be good. >> jesse: he is saying the same things we've been saying on cable in writing and columns. i want to go back to matt damon. democrats thought they laid a trap for kavanaugh. they thought they were going to call him a serial gang rapist and he was going to sit there and look like alito and john roberts and he said this is not my character and no.

he didn't. his anger was what propelled him through that hearing and that anger and indignation worked, juan. that's what enabled him to get through that thing and to make other senators and other american say you know what, that's how someone would act if they were falsely accused. you remember -- do you remember -- obama wanted to nominate people with empathy that were human and then you get there someone with empathy and compassion and feelings and you say no, he can't have feelings. >> juan: you can have feelings that you cannot say you want to be on the supreme court's. he is going to damage -- >> jesse: i would like you to sit there and act like you've got to -- >> greg: why are you yelling at me? democrats want to derail kavanaugh even if he's confirmed by the senate. their long-term battle plan nex next. mbc doesn't take a day off, and neither will i.

and i treat my mbc with new everyday verzenio- the only one of its kind that can be taken every day. in fact, verzenio is a cdk4 & 6 inhibitor for postmenopausal women with hr+, her2- metastatic breast cancer, approved, with hormonal therapy, as an everyday treatment for a relentless disease. verzenio + an ai is proven to help women have significantly more time without disease progression, and more than half of women saw their tumors shrink vs an ai. diarrhea is common, may be severe, and may cause dehydration or infection. before taking verzenio, tell your doctor if you have fever, chills, or other signs of infection. verzenio may cause low white blood cell counts, which may cause serious infection that can lead to death. serious liver problems can occur. symptoms may include tiredness, loss of appetite, stomach pain, and bleeding or bruising more easily than normal. blood clots that can lead to death have also occurred. talk to your doctor right away if you notice pain or swelling in your arms or legs, shortness of breath, chest pain or rapid breathing or heart rate. tell your doctor if you are pregnant, breastfeeding,

or plan to become pregnant. common side effects include nausea, infections, low red and white blood cells and platelets, decreased appetite, headache, abdominal pain, tiredness, vomiting, and hair thinning or loss. i'm relentless. and my doctor and i choose to treat my metastatic breast cancer with verzenio. be relentless. ask your doctor about everyday verzenio.

♪ >> for brett kavanaugh to think

she is somehow part of this conspiracy again makes me question what kind of impartiality he would show on the u.s. supreme court. >> we hardly need somebody on the supreme court who has the conspiracy theory notions. >> juan: now democrats are ripping brett kavanaugh and now some house lawmakers are taking a step even farther. they are threatening to keep fighting against him if they win control of congress and the midterms. >> if he is not telling the truth to congress or to the fbi, then he's not fit not only to be on the supreme court but to be on the court that he's on right now. >> this has got to be thoroughly investigated. i hope the senate will do so. if he's on the supreme court and the senate hasn't investigated, then the house will have to. >> juan: emily, what do you read in terms of people saying that if he is somehow rushed through, we heard today senator mcconnell thing he wants to have a vote quickly as

possible, by the end of the week. people say subsequently, we learned something, with the democrats the right to say were going to try to impeach the man? >> emily: know, to me that is more of moving the ball that we were talking earlier. it's -- they are for separating so much, i think it's absolutely ridiculous and ludicrous. nothing is going to galvanize the right more than if they stay on this track and keep arguing that they're going to spend more time and money of ours pursuing this guy. >> juan: what do you think, jesse? >> jesse: it's a talking point for the democrats. he impeach a supreme court justice without a two-thirds majority in the senate that will never happen. you know you hit pay dirt when the democrats say this is conspiracy theory. they did it with benghazi. they did it with the russian hoax and now they are doing it with kavanaugh. anytime the republicans say something, but it really lands, democrats say it's a conspiracy theory and it's a way for them to dismiss.

>> juan: i thought it was the republicans that who said it was a conspiracy theory on than ghazi. >> jesse: no, you guys were saying. >> juan: i missed that one. >> jesse: my point is this, juan. look at the players involved in this kavanaugh situation. you have dianne feinstein, avenatti, debra katz, "the washington post," you have the clinton aligned group, all democratic players involved in this last-minute character assassination. the other thing that's funny that i have to bring up about this fbi investigation, remember when the fbi opened, right before the election, the hillary clinton email probe again the democrats said that's a foul, you can't do that. now the democrats want to open a seventh fbi investigation before an election and that's okay. >> juan: the investigation is of kavanaugh. >> jesse: same thing. great analogy. it went right over your head. >> dana: while i was away, ruth bader ginsburg gave an interview in which she was very

harsh against president donald j. trump. i wonder if the republicans should start impeachment hearings about ruth bader ginsburg because she couldn't possibly be an impartial judge when it comes to the business of the united states in front of the supreme court. that is the same argument. >> juan: i believe she apologize. >> dana: oh, oh, that's all it takes. >> greg: as collusion evaporates like a fever dream, they are into creating a new one and is it good for the country? it doesn't matter. what's good for the country, that's never matter to the left. the democrats, it's great. i don't know if i should divulge this because i don't want them to realize how stupid they are but there are two options here. they only help the republicans. if they get kavanaugh, they might get a blue wave. you might get a blue wave but you have kavanaugh. if you lose kavanaugh, you get a massive red wave and a more conservative female george to boot afterward. it's a win-win for republicans. that's why i'm not that sad.

>> juan: someone said that they thought the president had become more lukewarm. today he was in fact. that question is, is he still fully behind? >> dana: obviously. >> juan: we will see. president trump taking on the media today at the white house. see it here on "the five" ."

♪ >> we are going to win so much you may get tired of winning. you say please, please, it's too much winning. >> emily: president trump delivering on my promise, touting a new trade deal with canada and mexico earlier today but apparently the press is sick of winning. all they wanted to focus on was brett kavanaugh which prompted this scalding. >> mr. tweed, you said it's incorrect to say you're limiting the scope of the fbi investigation. >> what does that have to do with trade? >> i have a second question on the kavanaugh thing, if you would take that. you will take it now? >> no, no. you have a question on trade? do you have a question on trade? >> emily: i will start with you, greg. when nafta was being reformed and when trump had taken negotiations off the table with trudeau there was a bilateral agreement with mexico, the press was all over it.

today when the agreement has come to fruition, there is nothing. instead they are going after the shinier object. how did you feel about it? >> greg: people are bored by tariffs and trade because boring stuff is important and that's the problem. you have to go slow with important things and if you remove the supreme court soap opera, what do you have in this country? you have peace and prosperity which is why the media and the left are chasing the kavanaugh story. about trade and tariffs, trump gets something i didn't get and he is giving people a class and this is a salesman which is that you leverage relationships with your allies while you engage talks with your adversaries so you can be mean to canada and nice to north korea. it's a system of a salesman in which the individual desires of the people you are talking to matter for that moment. >> emily: jesse, going into the midterms, what ever going to see for states like ohio and

florida and states that are poised right now from the workers and industries that this effects? >> jesse: the timing of the deal is perfect. needed to get it done before the midterms and he did. now i have to do the paperwork in congress will see if nancy pelosi and chuck schumer going to do what they've been saying they want to do for decades, which is to renegotiate nafta. i'm waiting to hear joe biden, barack obama, hillary clinton, bernie sanders gave the president a round of applause because these people campaigned for the presidency on renegotiating nafta and now donald trump has done it and all i hear is silence. >> dana: schumer said -- >> jesse: i couldn't hear it over the crying. >> dana: one of the press conferences, the press can ask whatever they want. you have to answer but they can ask whatever they want. for critics of the president worried about the trade deal and are now saying its cosmetic changes and criticizing that way, just be happy. it's just cosmetic changes.

just be glad. he wanted to call it something else, fine. >> juan: you know you're going to have to pay more for your car, have to pay a little bit more for dairy and he stop and think wait a second. what's going on? what's the reality of the deal? i will say you know what. i think union folks have big complaints about nafta. jesse was right. the bidens, obama's, they wanted some kind of renegotiation but i don't think they were talking about were going to have something for the dairy farmers. >> jesse: juan, you don't even know how much a gallon of milk costs. >> juan: i think last week you didn't know. >> emily: "one more thing" is up next. best simple salad ever? great tasting, heart-healthy california walnuts. so simple, so good. get the recipes at walnuts.org.

and as if that wasn't badur brand new enough, totals it. now your insurance won't replace it outright because of depreciation. if your insurance won't replace your car, what good is it? you'd be better off just taking your money and throwing it right into the harbor. i'm gonna regret that.

with new car replacement, if your brand new car gets totaled, liberty mutual will pay the entire value plus depreciation. liberty mutual insurance. ♪ liberty. liberty. liberty. liberty. ♪

♪ >> jesse: time now for "one more thing." dana? >> dana: did you miss me? [laughter] i want to play the role of juan williams u photographs from my trip. spain is an amazing, beautiful country, that is a toledo, spain. i found this for greg gutfeld, this was part of the choir in the church. that was in granada -- i think it was to later. then i saw meat cones. five euros, greg. >> greg: zoom in on that. prosciutto, what is that? >> dana: five euros.

>> greg: that his street? juan to >> dana: you go to a market. the next one at the village vie view, i made peter walk really early in the morning, here is proof of how our steps dead. we should go a little faster here. then i found these doors which are pretty amazing. also they have chocolate mementos there and we don't and we really need to figure that out. our 20th anniversary, thanks, peter, for a great trip. jessie, you asked me to bring you back something. i did. you can open it right now. very special, i carried it around for seven days. >> jesse: very special. i don't get it. oh! [laughs] what i always wanted. a magnet in the shape of a cow. [laughter] grab the bull by the horns. the dairy prices, juan! >> juan: running with the bulls, jesse. >> jesse: juan williams. >> juan: thanks for the bump

last week from you and your mom in terms of telling people about the book tour. i'm back from the book tour, amazing experience. on publication date even before i left, i was invited to a dinner in new york. guess who came up to think me and celebrate the book? reverend al sharpton. then it was off to atlanta, i gave a speech of the carter center. the questions, just fabulous down there. they wanted to talk about the current power of race in american politics. then i was off to the west coast, spoke of the commonwealth club in san francisco, town hall in seattle, signed books, here i am autographing copies in barnes & noble. meanwhile back on, two of my friends, my granddaughters, couldn't put the book down. >> juan: did you tell reverend al sharpton and i said hello? >> jesse: you should hear what he said about you. >> greg: time for this. what is called? greg's fitness tips. you know what, resistance training and running by pushing an empty car and then trying to keep up with that. a great way to get help your

forearms and then when the car gets away from you -- i had no idea how the car made a right turn. i don't understand. there is nobody in the car. the car had no driver. >> jesse: i don't know about that one. the ryder cup come he did something really well, look at the roundhouse kick. look at that! >> dana: wow. >> jesse: i can't even do that and i am 40. well done. emily? >> emily: making up for dana's dog was "omp" with mine. this week was my dobermans ninth birthday. i took her on a tree to crawl through the neighborhood to all of my favorite spots. >> jesse: a pub crawl for dogs. >> emily: that's a buffet at the store, she got her nails clipped, that is the market. she literally got treats from

everybody. we played on the beach, this was her getting it off with a hat. fantastic for her. >> jesse: set your dvrs, never miss an episode of "the five." "special report" is up next, john roberts. >> thank you so much. this is a fox news alert, welcome to washington. i'm john roberts and for bret baier tonight. president trump gets testy after being peppered with questions over the fbi investigation into supreme court nominee brett kavanaugh. the president lashing out from the rose garden today at an event intended to promote a new trade agreement with canada and mexico. at first the president refused to answer questions about the investigation, preferring to talk about trade. but after being pressed by reporters, the president stood by his supreme court nominee, calling what is happening to judge kavanaugh unfair and dramatic and pointing out what he says is bad behavior by democrats. we have hochstein coverage