hope she gets it running so many. makes you think about the wisdom of a protest and a man wrongly murdered and if there's any upside on that. here's "the five." >> dana: hello. i'm dana perino with juan williams, greg gutfeld and jesse waters and lawrence jones. this is "the five." this is a fox news alert. protests continuing across the country as we get breaking news. the other four officers involved in his death. prosecutors upgrading the charge against derek chauvin, the man that was on floyd's neck for eight minutes. he's facing a second degree murder charge. for the first time, charges are being brought against the three other officers involved.

they are being charged with two counts of aiding and abetting and second degree murder. minnesota attorney general keith ellison warning that the process will take time. >> this is going to take months. and i don't know how many, but it is better to make sure that we have a solid case, fully investigated, researched before we go to trial than to rush it. we don't -- so it will take awhile. and i can't set a deadline on that. >> dana: juan williams, can we get your reaction to the news about the upgraded charge for chauvin and the charges against the three officers? >> juan: for chauvin here, the key is what we've seen from the attorney general, keith ellison, is a move from the charge, third

degree, which would not necessarily have included intent to kill to second degree where he will in the courtroom have to prove there was some intent on the officer's part. with regard to the other officers, again, it's saying that they were complicit by not intervening as they could see over eight plus minutes that he was in distress and couldn't breathe. ben crump, the lawyer for the family at a press conference or commemoration at the site of the murder said that in his opinion, this was torture and that he sees it therefore as an necessi necessity, that you charge the other officers withstanding by as they could see the torture was taking place and they could hear mr. floyd saying that he

can't breathe. >> dana: lawrence jones, you've had three hours since we saw you on "the daily briefing" to think over this information and digest it and get your thoughts now. >> yeah, i remember last friday, i predicted this on "the five" because in the probable cause complaint, when it said an officer was concerned, that was one strike. when he said he wanted to flip him over. he's indicating that something is going on. then you have the other officer that checks the pulse. there's another strike. then he stays on his neck for almost three minutes after. i think that's where you'll see the prosecutors make the case that there was intent in play. the problem with that is, as they have charged the other officers, which i think they should, those officers, those two specifically, especially wanting to check the pulse, is going to make the case that i

tried to stop him by saying i couldn't find a pulse even though i didn't physically stop him, i alerted him that there was a problem there. >> dana: greg, one of the things the attorney general of minnesota, keith ellison, repeated several times is a call for patience. he said this process is going to take months. of course, we've seen within the last ten days what can happen after a situation where you don't get the charge that you want immediately. now they can look at months before justice is needed out. >> greg: yeah, i mean, i'm -- it's kind of hard for me to be happy about this. i mean, if they had done this sooner, could we have prevented the destruction and mayhem? would it have mattered at all? people i saw looting and destroying my neighborhood, they weren't politically active. they were criminally active.

they were having a blast destroying people's livelihoods. so i don't think they're paying much attention now to what is happening right now. it's become a different thing. on top of that, it's interesting. i think you develop an incentive when you see politicians reacted to pressure from the violence and the protesters as opposed to pressure, from say, other people, lawful abiding people. those people can't exert pressure under politicians, but somehow rioters and looters can. i hope that this helps reduce some of this action and i hope also that we see the same kind of excitement over these arrests that we do in the arrests for the scum that killed the retired police captain or beat innocent shop keepers and their wives unconscious. will we see the same applause over this? i don't know if this does

anything right. if you believe the system, the systemic racism is incurable and these guys are found not guilty, it will be a riot. if they get a couple years, a riot. if the main guy is not guilty, a huge riot. there's all of these excuses for the next purge. these purges will come up more frequently because the understanding is we have redefined violence as justice. it's legal now for you to hurt people. so this is going to keep happening again and again. it's hard for me to go hooray! >> dana: yeah. >> greg: we kicked the riots down the road. >> dana: nobody is saying hooray. jesse, one of the things the prosecutors keep stressing in addition to patience is that the burden of proof is to prove beyond a reasonable doubt. that is why i think they took some time for the prosecutors to figure out what the charge was

going to be for the other three officers in addition. as greg said, if they go to trial and the jury doesn't convict, you know, nine the prosecutors will be in a really bad way and so could all of us. >> jesse: keith ellison knows more than we do, dana, and he has investigators looking into the relationship between the officer and floyd. because if you think about it, you don't just jam your knee under the neck of a guy that you don't know for a reason. yes, maybe he's an insane racist that wanted to kill a black man. possible. not likely from my opinion. from what we know, they worked at the same club together a nightclub which had a lot of suspicious activity. people should be looking into the nightclub. was there trafficking going on? they worked closely on a regular basis. also, floyd rumored to have moon lit in another industry which is

provocative. there could be a lot of reasons that their relationship became controversial, let's just put it that way. maybe floyd knew something he wasn't supposed to know. maybe there was an operation that we're not aware of that soon was going to be investigated. if you have a guy kneeing a guy in the neck like that over a counterfeit 20 and you have the rest of the crew standing around and watching, looks like a pre meditated hit. when you have the first report to say oh, no, he didn't die that way. he was on methamphetamine and other narcotics. that's suspicious. records came out afterwards contradicting that. so there's a lot of things at play. you can find at the end of the day, this is not racially motivated at all. this is some sort of criminal thing that went haywire and this was a hit executed extremely

poorly. they thought that they were going to get away with it. while the rest of the country runs wild and tries to, you know, capitalize on the energy from coming out of a lock down and knowing that biden is not going to ramp up that kind of energy. they have to ride this energy out until november. >> lawrence: yeah, dana. jesse makes an interesting point when it comes to the autopsy report. as you know, many in the audience that may not know, the person that conducts the autopsy is a member of the state. so there's working relationships between the police departments because they depend on them to figure out the cause of death and when they -- these victims die. so they use them a lot during an investigation. so there's going to be back and forth on the conclusion that an independent autopsy and people around the world and respected in the industry came up with

versus what they did. also, as we're talking about the attorneys general as he got these charges, there's something very critical here. it takes eight to 12 months in minnesota to come up with a case, to just even charge. forget the documents of probable cause. not even get a conviction but just charge if it's a cop. that's not the same for a private citizen. so as we're talking about having the conversations about different reforms, many americans, especially people in the community will be asking, why is there a different standard for a private citizen versus law enforcement officer? i think they deserve an answer. >> dana: great question. all right. thanks, everyone. coming up, former president obama set to weigh-in on the death of george floyd. up next, greg's monologue on the former police captain murdered by looters. you're clearly someone who takes care of yourself.

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be. >> greg: we're about to show you something that will break your heart. this is david dorn in his last moments on earth. he's bleating to death on a sidewalk from front of a looted shot. he's a former police captain protecting a store. his name is david dorn. he was a black man, a family man, a good man, a police captain. black lives matter. but not to looters, rioters and agitators. should we blame this on systemic racism? who shot him?

make seth rogen bailed him out already. here's words from his family. >> this is over tvs, stuff that is replaceable. they're forgetting the real message for the protests and the positiveness that is supposed to come out of it. we get this negative light shown on a situation that needed light to be brought to it. >> i hope that the person that did this, that they come forth or whatever. because this is just so senseless. i'm tired of it. i'm just tired. >> the fact is, redefining blood lust as justified leads to death. not just mr. dorn but a country's, too. yesterday was black-out tuesday where instagramers set their background to black to support the protests. the media blacks out the

violence to hide their culpabili culpability. maybe mr. dorn's death can change things. maybe we can protest loudly in his name and loudly demand action. it's time. there's no superman coming to save the day for us. there's no one but us. to quote a cnn anchor, who says protests need to be peaceful? >> please, show me where it says that protests are supposed to be polite and peaceful? i can show you that outrage citizens are the ones that made america what she is and led to any major milestone. be honest, this is not a tranquil time. >> greg: no thanks to you. as cities are ravaged, he says protests don't have to be peaceful. chris, invite you to meet me in me neighborhood to see what

outrage created. the dead-eye looked from people trying to salvage what is left of their lives. if only they could work in media and see the silver lining. this is not a tranquil time. thanks for the honesty, chris. you know, swan -- there's so many disturbing parts to this. this is obviously a black man who probably helped me people in black communities throughout his life murdered by a looter and they filmed it. you didn't see anybody helping him. you just saw his body bleeding out and people filming it. >> juan: yeah, it's horrific. i don't think there's anything to say but that this is a horror show. you know, the idea of the social media and even i think somebody was saying hang in there, you

know, like oh, gee, like someone was trying. but to me, i was glad it was removed because it's a human being. so the people that did this, greg, should be prosecuted to the fullest extent of the law as criminals. having taken a good man's life. i don't think there's anyway to get around that. now, let me say, i do have another viewpoint on this, which is that, you know, we're discussing his death but you know, we didn't discuss something like breanna taylor, the woman that was 26 years old, shot eight times in her bed as police execute a no-knock warrant and rush into her house. turned out to be the wrong hold. killed this 26-year-old in her bed. we don't talk about it. for lots of people, this, as to selective morale outrage. you know, everybody picks a case and says, i want to look at that one. why haven't we seen more discussion of breanna taylor? it took two months to have a

discussion of the georgia jogger and if it wasn't for the video, that case might have been swept under the regular. so you see a lot of peaceful demonstrators. for the most part, they are the story here. there's looters, vandals, those people that killed a man in st. louis. for most people, it's a sense of frustration of what does it take to get justice? do you have to have a video before somebody believes you? international protests to get the criminal justice system to understand that people, black people are being treated in an unjust manner? >> greg: i can't believe you said that as we have spent over ten days or so talking about mr. floyd and everybody is in agreement about the horrendous death. we have covered these injustices regularly. there was an elderly couple, juan, that was executed at a

veteran's cemetery by a man that died in a forest. nobody dared cover that. an elderly cover visiting their son at a cemetery. we can sit here and take this story and shift it into a tit for tat. this is not about injustice. it's about a man's death. all right. >> juan: i'm agreeing with you. >> greg: let me move on, okay? i want to get other people in. dana, i didn't see this story anywhere on the other networks but online. why do you think that is? you think isn't important to them? >> dana: well, i don't know what is in their minds. whatever ends up on the front page or whatever ends up on air is an editorial decision. somebody is making that decision and deciding there's so much news to cover. they're saying this news is more important to us. we're all drinking from a

firehouse, a lot of news out there. two points i'd like to make. one the fact that there were not police out ant about to protect innocent people from these looters, the rioters, the arsonists, the people that commit this violence. that is a horrible thing. mr. dorn served his community. he paid his taxes. 77 years old. talk about heart break and listening to his daughter-in-law begging for justice and saying she's exhausted. we can relate to that. i wanted to point out one other thing. it was devastating to see there's go fund me accounts for lots of people. so david dorn has one. david underwood, killed in los angeles. they're around $50,000 or so, right in the minneapolis freedom fund is $20 million. this is driven by celebrities. that is a bail fund that does

not distinguish between people who are arrested for protesting and people that were arrested for bigger crimes like looting and vandalism. so celebrities are bailing out theft. fine. you can do that. what does it say as a society? that these men are not being supported as well and their family. >> greg: yeah, jesse, you think that cnn has a problem showing stuff like this because they have defended antifa? they say nonviolent protest. what is wrong with that? so when they can't show the consequences because they're culpable. >> yeah, it's like hiding evidence. black lives matter. do they matter less when that

black man takes that life or do they matter more when a white person takes that life? no. black -- all black lives matter equally no matter who takes it. yet we only see this nationwide outrage when there's an incident of a white person taking the life of a black man. that is done. you've talked about it, we've talked about it by the democrat media, corporate power structure and they do that to divide, do it for profit, they do it to distract to put their hands in people's pockets and keep their positions of power. what did the president say last week? when the looting starts the shooting starts. this is a perfect example of that. the mayor of st. louis, not totally responsible for this, the looters that did this this guy are, but she didn't protect the community from these looters and that's what happens when there's looting. there's death. that's on her to a certain

extent. >> greg: last word to you, lawrence. i'm sure -- go ahead. >> lawrence: it's devastating. because i feel like there's now become this competition for what life matters the most. can we like all stand up for life? just say people that are innocent that are killed, we stand with the families, that we want to go after the bad guys that do it? i'm afraid because this remind me back in july 7, 2016. five cops were shot. the guy that assassinated them, i had an exclusive interview with the family. the family said that he was upset about a traffic stop. he tried to do vigilante justice. he killed five cops. the five cops were community police that people loved and

respected in the community. you went out there and you shot them. that's what happened when chaos happens. i'm afraid that america is on fire right now. i love this country. the greatest country in the world. but i want equal justice and we should all be outraged when an innocent american, someone that wears blue or someone with a hoodie on or someone from a drive-by. we should be outraged when a family member dies. >> greg: all right. coming up, former president obama speaks out on the death of george floyd. (female vo) when it comes to longevity,

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>> juan: fox news alert. president obama speaking out on camera for the first time about the death of george floyd and all the social unrest. take a look. >> let me begin by acknowledging that although all of us have

been feeling pain, uncertainty, disruption, some folks have been feeling it more than others. most of all, the pain that's been experienced by the families of george and brianna and tony and sean and too many others to mention. challenges and structural problems here in united states have been thrown into high relief. there's the outcomes not just of the immediate moments in time, but they're the result of a long history. of slavery and jim crow and redlining and institutionalized racism. too often have been the plague

of original sin of our society. >> juan: dana what do you think of this message coming from the former president at this moment? >> dana: well, we haven't -- because we've been on air, we weren't able to hear the entire thing. so i don't know what else he said or if he asked for my concrete actions. there's always a lot of pressure and requests from people to have former presidents weigh-in on things. so again, i haven't heard what he said there. a lot of us could probably agree with that. so i don't know all that he said. i think this is coming in the middle of the election year. your column in "the new york times" was well-written and well-argued. i'd submit that joe biden has had a problem and enthusiasm problem with younger black voters. now, this incident after george floyd and the protests, maybe that's the park that gets them enthusiastic about voting.

i'd say the trump campaign started early on, from the beginning, before inauguration, that they were determined to try to win at least more of the african american vote. now they might not be able to do that through earned media. might not be possible. they'll have so much to look at biden's record in terms of paid media, campaigns and president trump's team has plenty of them. so i'm sure that president obama will be out and about campaigning for joe biden, but it's going to be tough to keep this from getting the field too political. >> juan: greg, the president obama did go on to condemn the violence that has i know depressed you and upset you. but i was thinking in political terms, you know, i think that when you see president obama come out as dana said, it energized so many people who are democrats to vote democrat and the question is president trump has been taking a hard, you

know, law and order stand. i'm not sure exactly how that benefits him at this moment except to try to stir his base. it's puzzling to me. he's the incumbent. he's the guy in power as the unrest has occurred. what do you think? >> first of all, anybody talking about law and order and saying that that is stirring up his base is offensive to me. because i need law and order right now. i need to know that we have some rules to preserve a society. i need law and order to make sure that my neighborhood can be rebuilt and not destroyed months later. former president obama mentioned structural long history, institutional racism. what if you want to help and you say how do i fix it? how do i fix it? what can i do? no one really has an answer because when you get to the specifics of what you can do,

people are actually doing it. there's actually documented progress that people are fixing things. take the minneapolis police department. they tried to increase minority police. instituted diversity classes. they had comprehensive plans to reform their force. yet they have problems attracting officers. that is not systemic racism. if you look at problem and see what people are doing, the declines in shootings and just people trying to do better at work and you say, you know, we still have institutional racism. what that is saying is nothing that we can do can change it. violence is inevitable. the fact is, if a young black successful earnest man enters any business looking for a job, human resources will be drooling. they will be drooling.

right? so i don't -- the idea that is still institutional racism and you can't tell us what to do? law and order will work when you have dozens of states being destroyed. we need it. boy, do we need it. >> juan: lawrence? what did you think of seeing president obama come out and talk about structural racism? >> lawrence: i want to hear the president's full comments. it's something that george w. bush released a statement and talked about it as well, a lot of people are on edge about this. they feel like what can they do? i would note the police department through the police chief has tried to implement some reform. he's experienced a lot of push back from the police union there. right? so there's a lot of officers trying to do the right thing and get it done. there's these unions that get in

the way of that. so you know, we don't have enough time to go -- i'm sure we'll talk about this from day to day. but there are some solutions on the table. >> juan: jesse, i want to hear your thoughts. so much on the table here. >> jesse: i know we have to be quick. have to pay the bills. it was quite jarring to hear the black president talk about how racist the country is that elected him twice. he was there eight years. this country is still racist, systematically racist. i'm not sure what that means. the only suggestion from his camp on how to change the systematic racism is from his v.p. biden yesterday. you know what his idea was? have a commission. really? that's your idea? that's like the stereotypical kick the can down the road politician idea to bury something that we've heard for

the last 100 years except yell, scream, be mad. biden knows he can't bring this over the finish line. >> juan: oh, boy. i hope people know about police reform. president trump talks about it. straight ahead, president trump hitting back at the media's freak-out over his church visit. that story is next on "the five." if you have moderate to severe psoriasis, ...little things... ...can become your big moment. that's why there's otezla. otezla is not a cream. it's a pill that treats 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.

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hiding in a bunker? holding up the bible would have make p.t. barnum proud. >> here in new york, we actually read the bible. >> unleashing violence on this country in such a way that it could very well threaten our existence as a nation. >> jesse: so greg, now we know there was no tear gas, the protests weren't peaceful and it wasn't a photo op. it was a powerful message. so what say you? >> greg: i'll keep it quick. i didn't care about this controversy. i'm not worried about a bible. i'm worried about bottles filled with alcohol to set fires. i'm more concerned about sticks and knives than a bible. this is a political argument that is really good for segments on shows. but we need help. i'm pissed. chuck schumer, senator from

new york, what has he done for his constituents? he blocked a resolution to condemn the riots. enough about this. this is just politics. >> jesse: we're going to finish talking about it anyway no matter what your feelings are. dana, the president, if he stays inside, he's hiding. if he goes outside, he's a strong man. if he read the bible, separation of church and state. it's always negative. >> dana: well, possibly true. although i think that this idea to go to st. john's while a good one could have been better executed. a lot of questions. a lot of eye witnesses that were there. people that say that they didn't hear the warnings. apparently bill barr, which i don't understand his role here, he says clear it in the morning. but nobody cleared it. who is responsible for that? why aren't they getting fired today? the semantics over not tear gas

but pepper balls. still makes your eyes water and makes you feel like vomiting. i think going to st. john's was a great idea. a great show of resilience. they have the power to make this look more smooth and you wouldn't have anybody talking about it. >> jesse: i don't blame them. i blame the people throwing the bottles around burning the churches. lawrence, what do you think about the so-called controversy? >> lawrence: i mean, so there's two sides to this. the politics of this of going over there and holding up the bible, all politicses do photo ops. that doesn't bother me. what does concern me -- i called a reporter that works for us before i went on air. they said was peaceful. they had seen two bottles go across but that had been happening all day. so if it was peaceful, which i believe our reporter because he was there at the line, then that is problematic. now, i'm not holding the president responsible. looks like bill barr is the guy

that was told that morning according to the white house press secretary to implement this. so they do have some answers about that. but to hold the bible thing that is a distraction. politicians do photo ops. democrats do it as well. >> jesse: i know this. when republicans leave the white house in washington d.c., juan, not friendly territory. you know what i mean? it's not like when barack obama leaves the white house for a stroll down the park. president trump is in washington. people are angry especially now. >> juan: right. i'm agree. most americans want law and order to the extent that we don't embrace rioting rioting behavior. this was a peaceful crowd. the idea that you would use pepper spray, smoke bombs to disperse a peaceful crowds so the president can walk across the street to take a photo, i think it is offensive.

i just don't understand why anybody would want to defend that. that seems to be outrageous. again, an abuse of public trust. how we use law enforcement in this country. if you listen to religious leaders including the catholic bishop in washington, the episcopal bishop, he wasn't there to praise or condolences or agreement it was all about him. that's the problem. >> jesse: it was president a peaceful crowd because the parks commissioner said they were throwing thing and they burned a church the night before. okay. more to come on "the five."

>> lawrence: long time civil rights activists challenging the main street media. check it out. >> it's more class than race. so they use that. now race is being used to deflect the detentions away of people running the institutions. now after 50 years of liberal democrats running the inner cities where we have all of these inequities that we have,

race is being used as a roost, as a means of deflecting attention away from critical questions like why are blacks running systems run by their own people. >> lawrence: dana, i'm going to get to you first. isn't there two categories there? a protest against the system and the liberals with their own agenda? >> well, i think depends on all of that. i think that woodson is making a great point. i point to something that we talked about before, that is when greg said what can we do? we cannot accept the results from the k-12 education in our nation's cities. it's atrocious what is happening in education. so i mention one thing. if you're looking for more important north to move up, you have to start there. >> lawrence: juan, what about

that when it comes to the politics? that is a fact that most of these cities that are experiencing these problems are liberal-ran cities. >> juan: right. run by democrats if that's what you're saying. it's important to understand it gets partisan and politicized so quickly. many of these cities exist in terms of larger corporate structures, employment, dana talked about failed education. systems, public education systems. that is why i'm a strong supporter of charter schools. we need innovation there. i don't think it's just that. i think it's -- you have republicans, democrats, independents who are involved in a structure that has historical roots that are systemic and have done tremendous damage to racial unity or the possibility of it is in the united states. we should try to get away from the partisanship and look at it

honestly. >> lawrence: greg and jesse, we'll get to you on the other side of the break. one more thing is next. that's why we're expanding your range of choices. many dealers now offer optional pick-up & delivery and at-home maintenance, as well as online shopping with home delivery and special finance arrangements. so, whether you visit your local dealer or prefer the comfort of home you can count on the very highest level of service. get 0% apr financing up to 36 months on most models, and 90-day first-payment deferral on any model.

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spend less, get way more. shop everything home at wayfair today. than rheumatoid arthritis or psoriatic arthritis. when considering another treatment, ask about xeljanz xr, a once-daily pill for adults with moderate to severe rheumatoid arthritis or active psoriatic arthritis for whom methotrexate did not work well enough. it can reduce pain, swelling, and significantly improve physical function. xeljanz can lower your ability to fight infections like tb; don't start xeljanz if you have an infection. taking a higher than recommended dose of xeljanz for ra can increase risk of death. serious, sometimes fatal infections, cancers including lymphoma, and blood clots have happened. as have tears in the stomach or intestines, serious allergic reactions, and changes in lab results. tell your doctor if you've been somewhere fungal infections are common, or if you've had tb, hepatitis b or c, or are prone to infections.

don't let another morning go by without asking your doctor about xeljanz xr. ♪ >> all right, welcome back to "the five." our final thoughts, greg let's start with you. >> i just want to go back to the last segment. if you assume that systemic racism is forever, then that means you can never define specifics that will actually help. so it will always be that excuse. the bottom line, a black man and black woman want opportunity for success, they have to lead the democratic party because they prefer you to think just one way. if you join the republicans, the only color they see is green. republicans take black energy and they channel it into succe success. the democrats take black energy and they channel it into

grievance and anger. and it's never been more obvious than now. >> that's why republicans need to show up in the community. speak all right. >> run by democrats here. if you put affordable housing in the inner-city, and then he sent all the jobs overseas to china and let illegal immigrants come in and come the rest, people can't work. and then people can protect themselves because they make it difficult to buy handguns. and the only people left the handguns are the criminals and then you just get prayed upon and you can't defend yourself. and then the police come in and they see very aggressive. every time there's a bad apple, the union won't let you discipline the bad apple. the police chief is in the pocket of the liberal mayor. and the liberal mayor says you can't send your son and daughter to a better school. and then every election they blame white republicans that don't even live in the city and don't control any of the levers

of power. and that's how the game is played. >> that's why we need to be there. >> and that's it. all right, jesse watters everybody. "special report" is next. hey, brett. >> bret: hey, thank you. good evening. he knew and more severe criminal charge against the minneapolis police officer who knelt on george floyd's neck leading to his death and sparking a week of protest that many times have devolved into violent looting or rioting across the country. prosecutors are now charging warmer officer derek sheldon with second-degree murder. they are also leveling charges against the three other officers. this comes on the same day president trump's defense secretary breaks ranks. he doesn't support the use of the insurrection act now to use active duty u.s. military to protect u.s. cities. secretary mark told uss