eugene scalia, labor secretary of the united states. i think his dad would be very, very proud. we leave you with a dow that was shattered but it was shaken up a lot more earlier. we'll see what happens tomorrow. that will do it here. here comes "the five." ♪ >> jesse: hello, everybody. i am jesse watters with dagen mcdowell, juan williams, dana perino and greg gutfeld. it's 5:00 in new york city and this is "the five." ♪ reactions to the supreme court fight in just a moment. first, things are looking a little different today. shall we say normal? we are finally back to our old studio and it feels pretty good. juan, welcome back to new york. >> juan: thank you. >> jesse: good to have you. dagen, how are you feeling? >> dagen: i've been here the whole time. did i gain weight?

>> jesse: greg looks like a thin stick. >> greg: i would say it's great to be spaced out what you have always been spaced out. it's good to see dana wearing pink. she looks like a flight attendant from "my little pony" airlines. >> jesse: you don't have to take that, dana. >> dana: the toughest thing for me right now without the table is my legs are just swinging. i am too short to reach the little thing that you have. we are going to fix that. >> jesse: we are going to get you bloomberg's box. he's not using it. it's up for grabs. will have more on the return to the studio later in the hour. stay tuned. in the meantime, a major political battle for the supreme court. the death of ruth bader ginsburg's sending shock waves throughout washington with the election 43 days away. democrats furiously oppose are being replaced before then. president trump says otherwise. here he is a few moments ago. >> i would say on friday or saturday, i will be announcing

the pick. five women are being looked at and vetted very carefully. i would much rather have a vote before the election. because there's a lot of work to be done and i'd much rather have it. we have plenty of time to do it. >> jesse: democrats are accusing republicans and mitch mcconnell of hypocrisy while ignoring their past positions. here is joe biden changing his tune. >> to jam this nomination through the senate, it's just an exercise in raw political power. if the president consults and cooperates with the senate, then his nominees they enjoy my support. i would go forward with the confirmation process as chairm chairman. even a few months before the presidential election. >> jesse: let's bring in our constitutional scholar, greg gutfeld. what are your thoughts? >> greg: i have been studying this for years, jesse. okay. how is this sending shock waves

to anybody? we knew she was very ill. she's 87. i think this is the least shocking thing to happen in 2020. somebody in their ninth decade with inoperable or terminal cancer passing away. so a lot of this to me, i'm not making fun of it. it feels like theater. this is all high drama that's being manufactured to create more discontent. for example, it's kind of obvious that if you control the senate, you're going to nominate. it's like, dana, it's like ball possession in football. >> dana: what kind of ball would that be? >> greg: football. if you have the ball, you're going to score. if you control the senate, of course you're going to score. imagine the defense would say to you, i know you have the ball but it would be really fair if you didn't score. no, no, no, no. we have the ball. we are going to score. at this point, it's idiotic. if you control the senate, of

course you're going to try to go into the end zone. i'm done with that analogy now. >> jesse: juan, would you like to respond to the scoring analogy? >> juan: well, you know, this is not the duke of windsor rules of boxing. this is punching on the break in my opinion. the republicans are obviously glaringly guilty of hypocrisy here. merrick garland didn't get a hearing for ten months in an election year. ten months. lindsey graham, chairman of the judiciary committee, is on tape saying use this tape if you ever hear me say that i would do it in an election year. so that's his own words. it's not me. it's not democrats. it's lindsey graham. so to me it doesn't matter because i think what greg said, the way it speaks to my heart. shame doesn't matter for the republicans in this moment. >> greg: impeachment in an election year. >> juan: because the ends justify the means.

and the ends is they want control of the supreme court. they want to the majority. the only real way to stop it, if you have some republicans who have a conscience and say you know what, we really are looking bad and hypocritical when it looks like a pure power play. you can win the fight five punching low and punching on the brakes. a lot of people watching will say that is nasty. >> greg: same thing about impeachment. >> jesse: here's where you're wrong, juan. if the party controls the senate and the white house, that's when you confirm. but if there is an opposing party in the senate, that goes back to 1888. >> juan: kicked out of here. >> jesse: that's why the merrick garland deal doesn't apply. >> juan: right. talk about a weak loophole. >> jesse: 1888 is not weak. it's over 100 year precedent. >> dana: you have senator mcconnell who was the coach of the republicans. the bases are loaded and he's

got his best hitter up. do you think he's not going to try to hit a home run? of course he is. if schumer was in this position, he would do the same. i feel like the democrats over the weekend looked around and would like, how did we find ourselves in this position again? part of the reason is because republicans for decades now have taken on board the judicial appointment's are really important and they vote based on it. joe biden now is asking for de-escalation. if you think back to robert bork or clarence thomas, where did the escalation start? republicans, elephants have long memories. they don't forget. the other thing this does is the conservative base, they always talk about judges. this extends beyond the base when it comes to the republican party. moderate republicans as well understand judicial appointments. this happening when it is, it's like throw another log on the fire. this election is hot, very hot. the hypocrisy argument though is

a process argument. the republicans are making a substance argument. democrats are saying this is in fair and this is wrong. republicans are like okay, well, we are about to figure out a way to put a justice on the court that will reshape the supreme court for the next half-century. so it's a substance argument that they are making versus a process argument. i think right now for republicans, mitch mcconnell, good coach, has them in a good position. >> jesse: and the position is that they can afford to lose three votes in the senate and the vp comes in and breaks a tie at 50/50. there's a little margin for error that they can play with. how do you think mcconnell brings it home? >> dagen: i think he drives it immediately day after day after day. to greg's point, it's not theatrics. the biden campaign and the democrats have been completely caught flat-footed on all of it. i will borrow something you talked about repeatedly. that it was going to be a bombshell the day, maybe two or three bombshells a day. that was the left wing nut media

strategy. and then with the biden campaign. but this really blows that entire strategy up because you're going to have to have these democrats now hammering whoever the nominee is over and over and over again. so it's going to basically wipe out anything else. they were trying to make in a referendum about trump and his personality. now it's about a supreme court, the new supreme court justice. that being said, what's it going to look like for the democrats? if they are attacking a woman. sexist. or attacking -- >> dana: they don't care. i don't think. >> greg: they will get julie swetnick back to accuse her of gang rape. if it's a woman, that won't stop them. >> dana: amy coney barrett. she already has come under

incredible attacks. the other young woman, allison. she's 38. i call her young woman. she went through horrible confirmation hearing before the appellate court and barely got through on a party line vote. when you see somebody like aoc saying it's time to be radicalized, it won't matter it's a woman. >> juan: important to keep in mind what some of these people who are potential nominees instead. sometimes i think they have opened the door to a very sharp criticism about whether or not they really respect the law and the constitution. >> dagen: to that point, i was being very clear. >> dana: i wanted to interrupt because there wasn't a delay. >> dagen: the more time and breath they spend attacking the nominee, the less they are attacking president trump. so it takes the air out of -- >> dana: in some ways it's a new running mate for president trump. whoever he chooses is the new running mate. >> dagen: and biden just wants to talk about the virus.

he's leading by 22 points in "the wall street journal" poll. he was like, let's talk about the virus today. what trump allegedly said about the military. >> jesse: we will be covering all of this. it's going to be brutal. we will be covering it with each other here in the same studio. it's good to be back. >> dana: how my going to hold your hand? >> jesse: that could be a problem. i will be on my best behavior. democrats ready to go to extremes to stop president trump from filling the supreme court seat. what nancy pelosi is saying about impeachment next. ♪ ♪

smooth driving pays off with allstate the safer you drive the more you save ♪ you've never been in better hands allstate click or call for a quote today and now your co-pilot.. allstate still a father. but now a friend. still an electric car. just more electrifying. still a night out. but everything fits in. still hard work. just a little easier. still a legend. just more legendary. chevrolet. making life's journey, just better. people are waking up tog with what's possible with rybelsus®. ♪ you are my sunshine, my only sunshine... ♪ rybelsus® works differently than any other diabetes pill

to lower blood sugar in all 3 of these ways... increases insulin... decreases sugar... ...and slows food. the majority of people taking rybelsus® lowered their blood sugar and reached an a1c of less than 7. people taking rybelsus® lost up to 8 pounds. rybelsus® isn't for people with type 1 diabetes or diabetic ketoacidosis. don't take rybelsus® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop rybelsus® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking rybelsus® with a sulfonylurea or insulin increases low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration which may worsen kidney problems. wake up to what's possible with rybelsus®.

♪ please don't take my sunshine away... ♪ you may pay as little as $10 per prescription. ask your healthcare provider about rybelsus® today. >> tech: when you've got ...safelite can come to you. >> tech: and you'll get a text when we're on our way. >> tech: just leave your keys on the dash and we'll replace your windshield with safe, no-contact service. >> tech: schedule at safelite.com. >> singers: ♪ safelite repair, safelite replace. ♪

♪ >> juan: democrats ready to do all it takes to stop republicans from filling the vacant supreme court seat. some of the party threatening to pack the high court, even abolish the senate filibuster rule if the president's nominee gets approved. senator chuck schumer, congresswoman alexandria ocasio-cortez urging democrats to use every option available. >> we must also commit to using every procedural tool available to us to ensure that we buy ourselves the time necessary. to mitch mcconnell, we need to tell him that he is playing with fire. >> once we win the majority, god willing, everything is on the table. >> juan: speaker nancy pelosi, she's not ruling out impeaching president trump for a second time. take a look.

>> we have a responsibility. we have taken oath protect and defend the constitution of the united states. we have a responsibility to meet the needs of the american peop people. when we weigh the equities are protecting our democracy, it requires us to use every arrow in our quiver. >> juan: dana, the question is, how many arrows are in the quiver? even if you impeach president trump again or impeach attorney general barr, the timing is still up to mitch mcconnell, i believe. >> dana: yeah. if you remember when president obama have the obamacare meeting with john mccain and he got irritated and he said look, john, we won. in some ways, like, yeah, elections to have consequences. republicans often will vote based on this issue of judicial nominations. i think democrats are kind of catching onto the idea that they need to focus on and too. i don't understand what possible

other tool the congresswoman is suggesting we use. procedural rules, yeah, you could argue they were important but republicans were the first to change them. if you remember, 2013, harry reid decided to end the filibuster for appellate nominees to get three of obama's nominees passed the process and into the court. okay. mitch mcconnell says yeah, i wouldn't do that if i were you. that's a bad idea. it sets a bad precedent. they did it anyway. president trump comes along and he has two possibilities to put on the court, gorsuch and kavanaugh and what does mcconnell do? changes the rules. i am not for changing the rules per se. i like tradition. i like the constitution. i like the way our founding fathers have developed. the idea that the threat is you don't do nominee or will pack the court, i think it gives more fuel to the republicans. >> juan: greg, you think about a conservative majority, a trump court, they get rid of

pre-existing conditions, get rid of obamacare, gender equality. labor bargaining goes out the door. >> greg: going to get rid of gender equality. that's the first on my list! i want men and women to be unequal. >> juan: you forgot about the case which was justice ginsburg. vmi had to admit women. 157 years. you think about -- kai am against progress, juan. you got to me. your argument is no one is going to reverse it. nonothing pelosi is saying or chuck schumer saying means anything. they blew their threat wad. for four years they've been painting their adversaries not as political adversaries but moral enemies. bigots, races, monsters. let's listen to them for once and do what they say and maybe they will be nice to us.

that's not how it works. they are still going to try to eat us alive because they are political animals and they are making a huge mistake. i understand her proprietors and ship completely. i get it -- i understand hyper partisanship completely. they think the radical left is they are useful idiot. no, it's the people on the streets. destroying and bernie things that are using the democrats because democrats don't want to upset them. together they are coming after us and until the adults in the democratic party stand up to this, it's going to snowball into something way, way worse. they are going to use this nomination is another conduit for violent strikes. >> juan: jesse, we are all back together. i need you to comfort me. i've got to tell you. >> jesse: 6 feet, juan. >> juan: i know. friends have to, even across political lines. you have to understand i'm very upset about this. to me the mcconnell rule basically is this.

democrats don't appoint supreme court justices, only republicans appoint supreme court justices. >> jesse: i thought i explained this in the first block. when the party controls the senate and the white house, you get your justice. >> juan: no one has said that before. >> jesse: actually biden said it. >> juan: is biden running the show? no. >> jesse: talking about president. >> juan: what precedent? >> dana: the only president that really matters is whoever has control of the senate. >> juan: is raw power. >> jesse: you are there ones threatening to abolish the electoral college, pack the court and add puerto rico and d.c. so i don't want to hear about institutions. you have no credibility on this issue after you impeach the president during an election year after you sabotage the transition, spied on his campaign, slimed kavanaugh and then threatened to riot if you don't get your way. you surrounded mcconnell's house. he has had to call the police

because they are intimidating his family. i think that shows the voters this. this is not crazy the left will go when they are out of power. imagine what they will do with power. you can't trust them. my advice to democrats, win elections. if you win the senate and you win the white house, you can point and confirm as many justices as you want when there's a vacancy. right now you're panicked because your nominee is shot. he slept all through saturday and then he waltzed to philly and speaks about this during eagles game. no one paid attention. he's out of breath. he leaves without taking questions and says we are in a constitutional crisis. there is no crisis with the constitution. there is a crisis with the democratic party because joe says he wants to return to normalcy. what's normal about shredding every institution because you're mad? that's not normal. that's crazy. now he's in a tight spot with his base. >> juan: this is a good point because i think the one

shredding the constitution is someone else but i want to ask dagen about what jesse said, the base. i think this is firing up democrats terrifically as we head toward the election. >> dagen: i will repeat something dana said in the first block. i talked to a big old democrat earlier in the day and he said anyone voting for joe biden as a democrat, it's the moderate republicans who don't like president trump and the court does matter to them. republicans need to treat this, get rid of the filibuster, pack the court. six new justices. get rid of the electoral colle college. ad states. you have to treat those threats as hard-core promises for the progressives. you have to treat it as though it's going to happen regardless of whether republic turtle republicans cave on this

process. he went through the litany of things. legislative branch. you can address it through the congress. private industry. start talking about gun rights. nonownership has skyrocketed right now because of all the violence in our streets. the court did not take up the gun rights case. it rendered moot, this case of dealing with new york and new york city. you start talking about gun rights and you'll get a lot more people on board regardless of who's in that seat. >> juan: coming up, it's great to be back in the studio. some fun for you next with greg's monologue.

you're clearly someone who takes care of yourself. so when it comes to screening for colon cancer, don't wait. because when caught early, it's more treatable. i'm cologuard. i'm noninvasive and detect altered dna in your stool to find 92% of colon cancers even in early stages. tell me more. it's for people 45 plus at average risk for colon cancer, not high risk. false positive and negative results may occur. ask your prescriber if cologuard is right for you. i'm on it. that's a step in the right direction.

♪ >> greg: finally we are backing studio. true it still different.

we are seated at half a mile from each other and we have all been shellacked with high-gloss disinfectant. i am also wearing hazmat underwear. hey, any underwear is always nice. this feels a little like going back to school after a long summer in rehab. you get to see your friends. you spent way too much time on hobbies like making leather chaps for lou dobbs. spent so much time with your family they wanted to kill you and they tried twice. lots has happened. i lost weight. jesse lost hair. dana's dog lost its mind. how many selfies does one woman really need? now that we are back here, juan finally has to wear pants. he doesn't have to but he's always polite. no one knew how long this separation would last so we greatly appreciate you, our loyal audience, for sticking with us while we broadcast from all places. some of us data in panel demands. other statins vetoes in living rooms while docked barbs or trains was moved by. we once had casual fridays.

we have comatose weekends. the results were mixed. there were tape delays and grudges which made us sound like joe biden's waiting for his teleprompter to catch up. like joe, sometimes it didn't always make sense but that's why god invented tequila. still, our rating soared. we were lucky to be working through his challenging time and we are grateful you will with us. you kept us employed and reminded us where we live. how excited are we to be back? here's how we entered the studio today. we are glad to be back and glad you're here. too bad there's nothing to talk about. let's go around the horn. juan, are you happy? happy to be back? >> juan: i think the folks at home will have a better experience and that's the point. we are lucky to have such a good audience. as a group, the group conversation is so valuable and i hope they have that sense i think it's easier to have that group conversation as one -- in one place.

you were joking. they should know we are taking precautions and not only that, we are protecting the crew, the staff, everybody. so it's not being done without care. >> greg: i am wearing protection right now. >> dagen: thanks, greg. >> greg: dagen, you are floating in and out of the building. >> dagen: i have been wearing sneakers then running shoes for every hit, every show i've done since march. this is the first time i've put high heels on. >> dana: does your foot hurt as much mine does? >> dagen: my feet got bigger and wider, like cookie sheet feed. i had to shove my feet in these shoes today. i am in a lot of pain. >> greg: that is visually unappealing. let's roll the package. this is the package of the fun things that happen while we were stuck in vans, at home, our underwear. >> dana: as you can say we are doing things a little

differently today. >> greg: i am doing my own makeup which is why i look, i look like george hamilton. >> jesse: should i tell people what you said about the makeup in the green room? greg says he likes doing his own makeup. >> greg: i do. it makes me feel pretty. >> juan: i am interrupting her rhythm. normally i'm in new york. nine here. how do i get these wet leaves out? >> jesse: we have those ab rollers. you rule out new roll in. they are working like a charm. >> greg: i am thankful in terms of exercise. peleton, peleton, peleton, peleton, peleton. >> dana: come to the five every year that he had a birthday. we are having a technical problem. that's of google screen. >> juan: i was thinking those shorts that jesse had on, they are so pink.

so wonderful. can you hook me up? >> jesse: juan. i have them on. >> juan: oh! >> greg: they need capitalists. if you keep driving capitalists out, you're going to run out of money. there is a dog barking. >> dana: sorry. first time in the whole pandemic. >> jesse watters back in action. there you are. >> dana: i can't. take a pause. we're going to work on your audio. >> juan: my wife is pretty good quarantine company. if eithe if my wife wasn't listi would say angela bassett. i wouldn't mind angela bassett being around right now. >> jesse: goodbye, guys. >> greg: i'm taking off my makeup. >> jesse: i'm sorry. greg, we are still on.

leave your makeup on. >> greg: jesse, we weren't that unprofessional. >> jesse: are you saying something about my shorts being a little too tight? >> greg: it could have been worse. >> jesse: it could've been worse than that? they were pretty tight. i wouldn't have done that. i wouldn't have stood up if i'd have known that shot was that tight on my shorts like that. thanks for not telling me. there were a lot of technical glitches. it seems like a lot of them were on my side. it has nothing to do with me. >> greg: or you showing up two seconds before the show starts. >> jesse: when the show is in your house, you can be a little late to work. >> greg: dana, you either go big or go home. we were home. >> dana: warmer home home. i have to say i feel like fox did an amazing job getting us set up. we never missed a show. we might've had a couple glitches here and there. i >> jesse: that was verizon's fault. >> dana: absolutely not our

fault. i did have jasper at my feet every day for six months. that was really great. i feel like i caught back up on his life. having been here for a day and seeing all of you, it's very energizing. i think it will come through on the screen for the audience. >> juan: being back in new york is different. >> dana: sorry. >> juan: feel so different. a homeless guy came over to me. i thought he wanted money. he wanted to talk about the yankees. >> dana: pick up your banks. i got you a welcome back to the studio gift. a fox bag, something you might need. jesse, i got you a great book i think you will love. that's the restaurant guide. >> greg: half of them are closed. >> juan: it's a great gift from dana. i get a free meal. i don't know where to get it. >> dana: will show you how.

>> jesse: dana. >> dana: queso. >> greg: i got a face guard. i used to wear this at the club in the village. >> dagen: ada club in the village, this is underwear. >> dana: there's another book for you, jesse. >> jesse: what is this for? to prevent suffocation? >> greg: it's a face visor. >> juan: dana gave me sanitizer. i know a guy in d.c. who thinks i should drink this. >> jesse: cheap shot. >> juan: i will not put this in a neighbors receptacle. >> dana: dog bag. >> greg: those are for dogs. >> dana: do you need some? i can get you some. >> jesse: i don't have another book. >> dana: may be it didn't arrive yet. >> greg: thanks for the booze. >> dana: welcome back. >> greg: this is actually

pretty good. >> dana: thanks. >> jesse: how much is that bottle? >> greg: 24. >> jesse: you know? >> greg: yeah. >> jesse: you are a cheap date, gutfeld. >> greg: protesters show up outside republican senators' homes.

my father always reminded me, "a good education takes you many different horizons" and that sticked to my mind. so, when $1 a day came out, i said, "why not"? why not just utilize that resource. and walmart made that path open for me. without the $1 a day program, i definitely don't think i'd be in school right now. each week for me in school is just an accomplishment. i feel proud every step of the way.

(announcer) improve your health, and strengthen your immunity., is just an accomplishment. starvation dieting, processed foods, shakes, and diet gimmicks have made us heavier and sicker. the solution for losing weight the right way is golo. we help transform your body and change your lifestyle, so you can lose weight and get healthier. over 20,000 people of all ages, and entire families, switch to golo every week, because golo works. golo is a unique approach to weight loss that targets insulin resistance and body fat. insulin resistance makes it easy to gain weight and harder to lose it. golo is a patented system that uses natural plants and minerals, and sound nutrition to help your body convert fat to energy faster. so you'll lose weight while improving your health and immunity. join over 1 million people who found golo, a smarter way to lose weight. let golo help you lose weight and reach your health goals quickly. head to golo.com. that's golo.com.

♪ >> dana: welcome back. sources telling fox news just now that president trump met with potential supreme court nominee judge amy coney barrett at the white house today. barrett is thought to be a front runner. meantime many on the left serious with republicans plans to fill the now vacant supreme court seat. protesters showing outside the

homes of senators mitch mcconnell and lindsey graham. democrats and some of the media are ramping up their rhetoric. take a look. >> we need to be out in the streets. we need protests out there everything the day. >> any kind of shamelessness that it's impossible to even talk to these people. >> it's not hyperbole. the actual balance of our democracy rests in the actions that we choose to make. let this moment radicalize you. >> dana: all right. dagen. if there are calls for more protests, don't you think of that gives republicans even more fodder to aim at the suburbs? >> greg>> dagen: absolutely. the protests will be peaceful. let's point out, they are essentially calling for unrest in the streets. these are democrats that could not condemn vermont's violence,

mayhem, rioting, looting and destruction as a people's livelihoods across the country but now this is okay. it would be laughable if it wasn't so dangerous. >> dana: aoc says got to be radicalized. and that it's not hyperbole. >> greg: no. i was laughing at it but in their minds it's not hyperbole. it's intimidation. and they would go to peoples houses, they're not going to those houses to intimidate those specific people. that's to intimidate everybody else. basically saying you're next. we are going to do this to mcconnell but may be jesse, you're going to be next. this is what it does. it scares the crap out of people who should be speaking up. you're going to see moderate democrats silenced. anchors of tv shows. any nominees. ceos of corporations. these are the people that are always meant to be thinking this crocodile might eat dagen mcdowell but that crocodile is not going to eat me. sooner or later, that crocodile

eats everybody who stays quiet. the worst thing about it as you keep hearing people say burn it down. if his nomination happens. burn it down. you're saying that after a billion dollars of damage was done with businesses and homes that were burned down. no class at all. one last thing. if the government doesn't step up and deal with this violence, it's going to be up to the public. this is truly taxation without representation. if you're not being protected what you're paying your taxes, the second amendment starts looking miraculous. >> dana: can the democrats take this energy and turn it into votes for joe biden? >> juan: sure. i don't think you need aoc or michael moore or anybody else to make this case. people are so upset over what is taking place. it's an abuse of power.

it's breaking down american institutions. by the way, dagen. they had people protesting, as you said, at mcconnell's house, lindsey graham's house. there's no violence. it's a legitimate protest. >> dagen: not yet. not yet. >> juan: you are trying to make the point pushing the fear button. >> dagen: i saw what happened in new york city in may and june and july and august! >> juan: you're talking about something that doesn't exist. >> greg: it does exist. >> juan: no violence. >> greg: the neighborhood was alluded! >> juan: new york is so terrible. >> greg: living in the suburban! >> juan: i am living right no now! there is nobody here. my point to you. >> greg: 50% jump in murder rate. >> juan: neighborhoods. let me say i told approval a protest to people's homes. i don't think it's legit. but i do think when people say

they're upset, they have a legitimate right to protest. that's what you're going to see. >> dana: jesse, can you be quick. >> jesse: it's not abuse of power and if it was, impeaching the second time. my point is they have to go crazy because the judicial branch is almost all the left has. their stuff is so borderline unconstitutional, so unpopular. they can't get it through the house, the senate, they can't get the president to sign it. they rely on judicial activism. look at pennsylvania. do you know what they did? they said signatures don't have to match on ballots. you could have someone with a beautiful cursive signature send up something with chicken scratch and capital letters and you can't challenge it. then they said you can send in a ballot. it can come in three days after the election. no postage and you have to accept it. >> dana: that's true. coming up, we will take a look at media reaction to the supreme court battle. [ thunder rumbles ]

[ engine rumbling ] [ beeping ] [ engine revs ] uh, you know there's a 30-minute limit, right? tell that to the rain. [ beeping ] for those who were born to ride, there's progressive.

[ beeping ] at aspen dental, we're making every day a little brighter with our smile wide, smile safe promise. we've got you covered, in every way, giving deep cleaning a whole new meaning. and if you don't have insurance, we'll give you an extra safety net, too, with a free new patient exam and x-rays. at aspen dental, we're making it alright to feel safe and get smiling. we promise. call 1-800-aspendental.

♪ >> dagen: mainstream media taking the democrats' five and

the looming supreme court battle and lashing out at republicans. >> i certainly think it will be 100% inappropriate for president trump to try to nominate somebody. >> can you spell hypocrisy? it is blatant hypocrisy. speak of the idea that mitch mcconnell could engage ine greatest act of hypocrisy in american political history. >> president trump hopes this will offend a race he's losing. is there any evidence it will? >> dagen: they seem desperate, greg. >> greg: accusing politicians of hypocrisy is like accusing tv anchors of vanity. so what? that's how it works. it's a process. >> jesse: what did you say? i am fixing my hair. >> greg: how do they fasten it on? >> jesse: a lot of spray. >> dagen: rubber cement. >> jesse: the media is winding, the constitution is usually winning.

these people have no idea what they are talking out. abuse of power, constitutional crisis, jamming it through. none of that stuff makes sense. they act on the democrats to create a scenario if you're nominated for a seat on the court, it's like entering the octagon. you go in there and you get destroyed. robert bork, kavanaugh, clarence thomas. it's ugly and the media cheers them on and they can't do anything about it. >> dagen: they're going to look like a bunch of sexist, if it's a woman, juan. >> juan: i don't agree with that but i will say the media playing a tape in which the chairman of the judiciary committee says save the state. use this tape. to use my words against me. i won't do it. and then he doesn't. then you say the media is the problem. >> dagen: it went further than that, dana. >> dana: the media will glom onto this. there are few on the republican side of things suggesting republican should make a deal and not do the nominee in exchange for the democrats promising not to pack the court. i would never take that deal.

>> jesse: no deal. >> dagen: no way. absolutely not. there is hypocrisy in politics and cabbage smells awful when you cook it. "one more thing" is next. >> tech: at safelite, we're committed to taking care of you

and your car. >> tech: we'll fix it right with no-contact service you can trust. >> tech: so if you have auto glass damage, stay safe with safelite. >> singers: ♪ safelite repair, safelite replace. ♪ we live in the mountains so i like to walk. i'm really busy in my life; i'm always doing something. i'm not a person that's going to sit too long. in the morning, i wake up and the first thing i do

is go to my art studio. a couple came up and handed me a brochure on prevagen. i've been taking prevagen for about four years. i feel a little bit brighter and my mind just feels sharper. i would recommend it to anyone. it absolutely works. prevagen. healthier brain. better life. the lack of control whenover my business kai, made me a little intense. but now quickbooks helps me get paid, manage cash flow, and run payroll. and now i'm back on top... with koala kai. save over 30 hours a month with intuit quickbooks. everything we have, we've earned. the unmistakable lexus is. get zero percent financing on the 2020 is 300. experience amazing at your lexus dealer.

♪ you know limu,g after all these years experience amazing it's the ones that got away that haunt me the most. [ squawks ]

'cause you're not like everybody else. that's why liberty mutual customizes your car insurance, so you only pay for what you need. what? oh, i said... uh, this is my floor. nooo! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ >> jesse: welcome back to "the five." we have the president in ohio. >> president trump: the best year in the history of your state in the history of our country last year and we had it until the plague came in. now we are building up again rapidly. you have the best year and we're going to have next year will be the best year we've ever had, i believe that. we are here today to talk about jobs. we are talking about jobs. a very favorite subject of mine to know and understand that the choice in november is going to

be very simple. there has never been a time when there is such a difference. one is probably communism, i don't know. they keep saying socialism. i think they have gone over that one. that was passed already. joe biden spent the last 47 years shipping your jobs to china and foreign countries. you know that. and i have spent the last four years bringing the jobs back to our country. on november 3rd, americans will decide whether we lift our nation to soaring new heights of prosperity or whether we will allow sleepy joe to shut down our economy, impose a 4 trillion, that's with a t, by the way. $4 trillion tax hike. abolish ohio clean coal, oil, natural gas and ship your jobs

in factories and dreams overseas to china and countries that you've never even heard of. put simply, if biden wins, china wins. if we win, ohio wins and most importantly in all fairness, america wins. because you finally have a president who puts america first. i do put america first. i guess that's why almost four years ago, that's why i did this, right? it's because of this. probably more than any other reason. i watched the jobs going out. i watch the worst trade deals. we have reversed many of them, almost all of them. we have reversed them. again, we are having the greatest year we've ever had and it's going to be back very soon. take a look at what's happening. we are joined today by a real good friend of mine, somebody that's been with me from the beginning and i have been with him from the beginning.

ohio governor mike dewine. where is mike? where is mike? where is mike? he's opening up. where is mike? thank you, mike. thank you, mike. he's a good man. lieutenant governor john used to. good guys, yeah, good job. congressman warren davis. did you know warren? warren, that's very impressive. he is a real warrior. mike turner, do we know mike? hell of a lawyer. appreciated. i don't know if you know him. he should be legendary. we didn't have a lot of support, i had a guy named bob.

do you know bob? he kept saying every time i said you know we are not getting the kind of support from the top people he said that's okay, sir. he went up another two points. we won the state by a lot. remember the fake news. a lot of it back then. a lot of fake news. they were going around saying trump may not be able -- remember, in order to invent, you to win ohio. for a year, i heard you cannot win unless you win the great state of ohio. they didn't say the great state. i say the great state. i heard it for so long. he would be impossible and then we won that night by nine points. what was it, bob? nine points. we won by a lot. it was the first indication there was going to be a tough night for the democrats. they say ladies and gentlemen, not only did trump win ohio, he won by a hell of a lot more than we