lady gaga, disappointed he can't draw a crowd because he has to keep everyone safe. ♪ before i got someone's watching it but me. i'm greg gutfeld with bret baier bret baier, juan williams and jesse watters. dana perino, the five. "the five." last night's trump rally ended at 1:00 a.m., nine hours past dana's bedtime. >> president trump: what a crowd. nobody gets crowd like this. you know it gets a this? making america great again. that's what gets crowd like this. that's the only thing that will get a crowd like this. >> greg: the crowd is huge.

the trump train is longer than that while in china. but where is joe? >> the next president of the united states of america, joe biden! joe biden! [honking] musical medical >> greg: the media as usual is spooked by trump's crowds, a concern that was missing when cities were burning into them and american flags are scary unless they are on fire. meanwhile, who is having fun? all these white people. ♪ us before they are not white, there goes that narrative. the contrast in what was heard from the media is stark, something's up. the dems are already questioning the election, a stunt they

pioneered in 2016. >> i suspect we will find out in 48 hours how successful these suppressing tactics have been. that is the one concern that i have. the only way in my opinion for joe biden not to be successful is for voter suppression to be successful. >> greg: oh, boy. so even though 100 million already voted he screamed suppression which assures more violence of trump winds which they will blame trump for. but it was the media that started the, what if he stays in the white house b.s. which trump joke, chanting 12 more years. and all this is coming from the same dopes that started it all with the russian collusion hoax. first they said it was a foreign concoction. then they claim to trump wasn't there president so they held massive protests. maxime demanded that you get into people's faces, ignoring trump's work for minorities for prison reform to black colleges

and jobs, they embraced mind-reading. his deeds may not be evil but we know his thoughts are. they chase trump stoppers at restaurants, they showed up at homes, celebs called for assassination and bombing the white house and the capper, let's defund the cops. then when the violence worsens we can blame it on trump again. leftist leaders blamed the mayhem on trump and not their own cowardice. then came the arson, the looting. media on twitter shouting burn it all down. democrat mayors hid behind the cops, they wanted to defund. media hacks to find a looting is acceptable. the pathetic phrase mostly peaceable became the remarkable defense. joe biden called antifa an idea. so now we have these huge rallies and caravans of thousands, and the press, they ask in fear, who are all these people? welcome to quote your idol,

sorry, you built that. so dana last night at the club he said this to me. you said you know greg, elections are like taking drugs. he wanted to peek exactly at the right time which trump is a master at. >> dana: and i mean, i have a lot of experience with drugs and that's why you listen to me when it comes to that because, honestly if you are going to ask somebody just when you want that high to hit, i'm the perfect person to come through, could come too. maybe he's at the right place at the right time, i've been thinking about how another narrative that you heard over the year is that president trump doesn't want to win. this is all for publicity and for a possible thing that you want to do in the future. and there he is at 1:00 a.m., the fifth of 5 rallies with a crowd like that. i think obviously he wants to win. chris stirewalt reminded me of something earlier today and that is in the last two reelections before bush and obama, remember

i said incumbents are hard to beat. it's only happened twice, world war ii when the president and when the second term. for bush and obama they got push of 2.1% at this late stage and it made the difference. so it possibly could be happening. >> greg: jesse, trump is pulling out all the stops will hitting all the stops. isn't it that kind of reciprocity that makes voters think, he's really working for my vote so maybe i should get up and do it? >> jesse: in the belief the base is strong and fired up to vote in the models are indicating that they are going to show up. the votes of the democrats have put in the bank so far with early voting and mail-in voting are just not enough they believe to withstand a strong trump turned out. everything we've seen about the trump base is never wavered in four years, it's never cracked. enthusiasm is at record high and

you could argue that even growing. when you think about the rallies he's done in the new registrations that they've added, if he can maintain strong numbers with white working class, cracked 30% with hispanics and maybe 10% for blacks to punch your ticket back to the white house and other indicators are really strong for the president, too. just look at his approval on the economy, the number one issue and this election. rasmussen has him at 52% approval. i was looking at the polls tod today, the real clear politics average. >> dana: i think you like looking at the polls. >> jesse: certain poles dana. it now is 2.7 in pennsylvania, he had a seven-point lead two weeks ago in pennsylvania and the lead is now 2.9. and that's kind of scary. so if you just look at how the campaigns are finishing, trump

looks optimistic, while energized, focused, hitting a lot of those populists and very, very sharp contrast with joe biden. joe biden looks like he's making a lot of mistakes, not a lot of enthusiasm on that side and i think the trump campaign feels good. >> juan: i'm allowed to respond? this is new. i will say, i just think jesse, i have a lot of trust in fox news poll in. i know the president said somebody here doesn't like him. tim murtaugh was on fox and said the pulling was terrible. i think our fox polling has a great record infective accuracy and what the fox poll's says is that biden is up eight nationally. if you look at the fact that their data has been so consistent, i think there's a reason to think, oh, yeah, people might show up at 1:00 to have some fun and be entertained but it doesn't necessarily

transition then into your mind into, that equals votes. the big question for me is who would you rather be looking at those polls on election eve tonight? which side is better position to win the electoral college? that's what it all comes down to. i don't think if you are in the club or you are in the rafters doing the macarena you say, i'd rather be trump -- no. you'd rather be joe biden tonight. when you see that incredible turnout, and by the way people who turned out and stood in line, they did it in of voter suppression. they are in fact overcoming something and there's a tremendous history in our country especially with black americans of having to fight for their right to vote. i think it's triggered something. in any case when used those lines with an incumbent running, it means people want change. that's not good news for the incumbent. >> also heading into election day, he's right.

we don't know what the electorate looks like on election day and we've already seen 95 to 9 97 million people vote, it's truly amazing. it's a staggering number. to dana's point donald trump outperformed battleground states from 1-7 points. so you look at some of those states and how much that can's shift, we have a long night ahead tomorrow. >> greg: you guys do. i don't know what i'll be doing. >> bret: are you going to bed? >> juan: he'll be on the club. he'll be peeking. with dana. >> dana: i have the right formula for the whole night. >> greg: i love that we ended up with drug humor. coming up, less than 24 hours away from election day but the fight is not over, both sides are ready for a legal battle. ♪ we're at t movies and we need to silence our phone.

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♪ >> bret: it's amazing what happens in the commercial. welcome back, a live look as joe biden and president trump gear up for doing campaign rallies at this hour. the election is tomorrow but finding out who wins could take a lot longer. both sides preparing for legal battles after the campaign officially ends and president trump doubling down on his call to have all the votes counted by tomorrow night. speak to you know what would have been really nice? if our supreme court could have ruled that everything has to be counted by the evening of our

election, our great election day. wouldn't that be nice? instead of waiting around six days, eight days or nine days giving them more time. if they want more time then let them put their ballots in early. >> bret: over the battleground pennsylvania the mayor of philadelphia's warrants that counting mail-in ballots will "easily take several days." this honestly dana could last, if we think is pennsylvania might be as tight as it may be, you remove or tallahassee in 2,000, it could be harrisburg in 2020. >> dana: you remember because you were there for, what was eight, 36 days? interesting about the 2,000 recount which people inc. about as obviously a big moment in history, you could have a few different tallahassee's because if they are going to challenge ballots in pennsylvania, also have the situation in north carolina. the other thing is though, some of these mail-in ballots, people

get florida in the account and mail-in ballots have been coming in strong from republicans. i know the president would like to have this done by tomorrow night but in some of these places where it's going to be close those mail-in ballots or absentee ballots could actually benefit the president as well. >> bret: in other words, after tomorrow night. >> jesse: i think both campaigns will know tomorrow night who's going to win whether a network declares victory or not. they will know if there voters showed up in which ballots are outstanding and from where. if the president believes he is winning or will win you he will declare victory tomorrow night, you can be sure of that. >> bret: do you think that's fair? >> jesse: he will say we know how many votes were declared in this amount of states and how many ballots are at a small margin where even if they all go democrat they won't be enough to

overcome his lead somewhere in the state. so yes, i do believe he will declare himself victory. but do we really want that, do we want a contested election? does this country after all we've gone through deserve a contested election? it's like you can almost see it coming and i don't wanted to be decided by the courts. you don't want conspiracy theories flying because right now you can see the democrats have already put out talking points that this will be a red mirage tomorrow night when donald trump is going to be ahead in some of the swing states and they will be suing in some of these battlegrounds to change the rules and the deadlines. right now the deadlines of the rules have been set. they've been set through courts and legislatures so if you fly in lawyers with entry comics change the rules and delay and say ballots that have been sent out that haven't even been returned and need to be counted because every vote needs to be counted, you are playing games.

>> bret: and what makes it even more complicated is every state handles it differently. some states have secretary of state and republican legislature which is a battle yet to come. >> juan: will each state has a right to decide how they do the vote counting and that something that somehow people don't appreciate, it's nothing of a conspiracy, it's not left or right, it's just history. it's like a tenth amendment argument about states rights and estates are in charge of the election in their jurisdiction. you know even today you saw in texas, you saw a republican judge say to the challenge coming from the trump campaign about people who had to cast votes at a drive-through situation, more than 100,000, no. those people have the right to vote and that was set up long ago, you could have challenged earlier but you didn't. many of these challenges are coming from the trump campaign so it's ironic to see the president out there saying don't

you wish the supreme court would rule that we could -- no, listen. people historically in florida and pennsylvania and here in new york, these votes have taken days but they haven't made any huge difference except of course in florida in 2,000. the point is this is the way america runs. it's not any conspiracy, it's the way things are done. but right now in these heightened polarized political atmosphere you see people pointing it out and say, there goes the other side. while that's not realistic. >> bret: and it's possible either way that we don't get to that point where the legal challenges don't have to be used and someone is declared the winner. >> greg: i hope so, because i don't want to get involved in this. [laughter] the problem here is time. it's like the more time in which we don't know the more unrest can occur. we know that could happen and what we knew, what smart people do as they plan ahead and we were talking about this in the break. every place in georgetown and

every place in new york is being boarded up, because they are preparing for the worst. but somehow the politicians couldn't get together to prepare for the worst if something is close. if you see something coming, can't you do anything about it? trump was ridiculed for talking about like the problems with the mailings and now you have the democrats talking about it. it's like, you know what? maybe we should have listened to the guy. he has been wrong yet. [laughter] ever. >> bret: what were they saying about suppression yesterday, about suppressing the vote? >> dana: to his point, we know in history, a lot of states have taken great measures to make sure that doesn't happen. also i would say this in terms of suppression, the democrats have turned out so many voters already that to me it seems like we need to wait until this turkey is cooked to see if that is actually true because the

democrats are turning out. >> juan: i think we had a situation just over the weekend in north carolina, small town where the police are using pepper spray on people who are marching and being taken to the polls. you think, what is going on? are you think about what's going of the postal service, obviously more than just democrats are upset about what's been taking place there and the delays that are already in place to transport people to the ballot box. >> greg: now it's okay to criticize the postal service? >> juan: it's not a criticism, but -- >> greg: that's a conspiracy theory. >> juan: we are going to cut back the overtime and steps to make sure that those steps are in place. >> bret: i had to come up bernie sanders with the message to the so-called squad about what they will need to do if joe biden becomes president.

♪ election... (fisherman vo) how do i register to vote? hmm!.. hmm!.. hmm!.. (woman on porch vo) can we vote by mail here? (grandma vo) you'll be safe, right? (daughter vo) yes! (four girls vo) the polls! voted! (grandma vo) go out and vote! it's so important!

(man at poll vo) woo! (grandma vo) it's the most important thing you can do!

♪ >> jesse: more evidence of far left is ready to hijack a joe biden presidency if he wins.

bernie sanders with this message to the squad. >> we understand that electing biden is not the end, it's a beginning. his proposals in this campaign are much stronger than they were in the primary. do they go as far as we would want to? they don't. we are not giving up on our agenda. we are going to introduce medicare for all. green new deal, we aren't giving up on that. we organize our people to make sure that biden becomes the most progressive since fdr. >> jesse: not so fast burning. joe biden is reportedly mulling a plan to keep all current senators out of his cabinet. meaning liz warren and sanders will be out of luck. dana, this is a crafty move by a presumptive president-elect. >> dana: when i first thought i thought, that's really smart because it does a couple of things. one, it doesn't clear comic gives a clear line. so stop calling, don't put it in

the hill newspaper, stop putting it on twitter and don't have your friends call us because we don't want to have any senators. another thing for elizabeth warren what she would be up for reelection in 2022. if the senate is going to be held by republicans, but if the republicans are going to hold on then why would they risk having the governor of massachusetts replace elizabeth warren with a republican so she could be the secretary of the treasury when that will give them no end of headaches? i thought it was supersmart. >> jesse: greg, you know what would be really smart is if the trump campaign's cuts and added that zoom: says this is coming. >> greg: it was like the communist version of "charlie's angels." every hour there was a plot where they tried to undermine america. let's tax, let's deal.

and ban fracking. just to clarify joe did say there was no way he was going to put bernie and liz in the cabinet but he was thinking about an actual one. you have to be clear. bernie looks at joe the waif dr. frankenstein looks at his monster. he sees it as is correctio crea, cobbling together of all these left-wing body parts and maybe it will move down to the city and change things before it collapses and kamala harris takes over. >> jesse: the biden campaign can't be happy when they see a zoom call like that. these people plotting for how they are going to influence the new administration? >> bret: no. as you are making or close that you will be the president of all america and the progressives are fighting over what policies they are going to effect, i think the secretary of treasury yields yields is with the moran pitch was not the best clothes, especially for independence. i do think that attorney general amy klobuchar could be upset with this decision if, in fact, joe biden becomes president.

i'm saying senator klobuchar being considered. but i think that this is a reminder for people in the center or a center left, that that is possibility. that would kind of stopped those people from talking with position so openly on the eve of this election, they could have waited a week or two. but it just doesn't look very good when you have socialists plotting the takeover. the stock market went way up. and i think they factored in the chance that joe biden might win this election. i don't know why that's the stock market?

>> elizabeth warren for a treasury secretary. with that somehow cause capitalism to fail? the answer no. maybe people would be looking out for the rich guy. i think what you have to understand and he's not running against squad. and i would say to you, and now

it's a good thing. go vote joe. >> i think they have a right to void it, just like the freedom caucus. it's probably great but not bad, you want to make sure the people on the left are willing to stand in line tomorrow and a vote for joe biden. >> it may not even be an issue. he may not even win and you might not have to worry about it. coming up, how the president is heading back against that atta attack. ♪

♪

>> jesse>> juan: joe biden and president trump trading blows about the pandemic throughout this campaign. >> the truth is, the truth is to beat the virus, we first have to be donald trump. he is the virus. >> juan: and president trump hit back with these insults. >> president trump: this election is also a choice between a deadly bite on lock down. joe biden is promising to delay the vaccine and turn america into a prison state. >> juan: last night the president was at a rally and as the crowd began chanting, fire fauci, he said he might do that after the election. do you think there's a chance of that? >> bret: about us much as

firing elizabeth warren. he has a pretty good polling average as far as people and their thoughts about him, that's probably not the close. listen, president trump is moving people, i think, on the lockdown-no lockdown. especially in some of these battleground states, that is moving some people. we may just be seeing the beginning of this, and again it's all about the electorate tomorrow. >> juan: take a look at mayor pete taking a look at the issue that he just raised. >> if joe biden wins, should another lockdown be on the table? >> hopefully it doesn't come to that because we will see swift action coordinating with and supporting public health authority is telling us what we can do a citizens without requiring any kind of mandates. but everything has to be on the table in order to keep americans safe. it should have never gotten to this point and it should have never been allowed to get this bad. >> juan: i think the corollary

to that is, okay. if we are talking about a possible lockdown once again although mayor pete said that may not be the case, what's the president's plan after all this time? what's his plan to get the virus under control? >> greg: people say pete is so brilliant on television, he needed a little discipline there. why would you answer hypothetical like that? joe biden already got hammered for letting the door open to future lockdowns and got crossed up the whole fall over it and now has surrogates out there opening the door for more lockdown? you may look back if biden loses and see biden's association with the pro lockdown wing of this country as being probably one of the dumbest things he did. you can still slam donald trump for his handling of the coronavirus and not be for lockdowns and b for masks and do all that. but he hasn't been able to pull that off and it's been hurting him especially in states with

democratic governors. north carolina, pennsylvania, wisconsin, michigan and minnesota states that still have very strict regulations about restaurants and schools and sports. it's a really bad message. >> jesse: while you aren't disciplined because you didn't answer my question. [laughs] so in fact, the 70 average for new cases in the united states had a record high on sunday and one of the things we see politically is that seniors who are strong for trump in 2016 are not this year and a lot of them disapproved of his the virus. >> dana: one would finally get to pick through all of the election results, the coronavirus will weigh very heavily one way or the other. i mentioned in the letter a block about the bush reelection and obama reelection getting the push of 2% at the end, one of the things that brett just mentioned like in the suburbs,

for parents of children who are still not in school. this issue of parents versus the teachers union, they might not like president trump at all but the thought of locking down again for another year when they watched their children spiral downward of both in mental health and physical health, their inability to compete on a global level because they are not in school, when private schools are open? that could be one of the facto factors. >> jesse: greg, remember when i was listening to a monologue at talking about the rally, i know lots of critics call those rallies super-spreader events for the virus. biden likes to have a distance of the car is the honking. which image do you think has worked best in this campaign? >> greg: the media loves the phrase "super-spreader. when we have a show, we get these files and it has all the stuff we are supposed to read. every do this day that we do

this about covid, there is an important number in there that nobody brings up, that infection fatality keeps dropping. the media won't tell you that because it doesn't help. but the infection fatality rate will go down and continues to go down. a lot of that is, there's all these new cases. while we have new cases because we are testing. but the infection fatality rate drops. it has to be told again and again. i want to give "the five" a slap on the back because we talked about -- that's good right? pat on the back, that comes later. [laughs] we predicted this debate would come down to lockdown versus no lockdown, and probably five months ago when the lockdown started we said sooner or later we have to calculate how many lives are saved by a lockdown versus lost. it was such a cold calculation

that nobody likes to do it. but we actually argued about it. we said here is adult argument. drug overdoses. suicides. depression. what does unemployment lead to, what about rising crime which we saw? oddly enough, ironically, car accidents have gone up in some cities. pedestrian deaths are at a high in new york city because pedestrians are getting hit by speeding cars. so we've actually had this discussion many times and trump has always been one step ahead because as an optimist he thinks we are going to get back to work. because we will. it's time for us to have this discussion but joe can't have it because he stuck on one variable. he's the generic candidate that can't come up with a plan and we need to have someone who says we are americans. we will get back to work, their costs and their benefits and we have to embrace that. that's what adults do. the >> juan: is there a trump

plan? >> greg: i said it before, it's like a transmission and a car. you get moving forward and then you change the gears, and might even have to go in reverse or take a left but you move forwa forward. >> juan: r8. bret baier, thank you so much for joining us here on "the five," we hope you had a good time. >> bret: high data, i survived. >> juan: you survived, some people look it up that way. there are more issues coming up on the ballot tomorrow, more states could be legalizing marijuana. that's next on "the five." ♪

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♪ >> dana: welcome back. tomorrow's election isn't just about president trump and joe biden, there are plenty of other hot button issues the voters will decide on. new jersey, arizona, montana and south dakota will vote on whether to legalize recreational marijuana good and oregon could be the first state to decriminalize hard drugs instead of jail time, small amounts of

cocaine and lst would result in fines. voters would also legalize so-called "magic mushrooms" in that state. i just learned the technical term for that. i saw a 60 minutes piece about magic mushrooms and their help for people that have ptsd. is that correct? >> greg: what is the technical name dana? >> dana: cillo seven? i don't know. it's the magic mushrooms. >> greg: here's the thing and i will give you my argument using psilocybin. it's an incredible, powerful hallucinogenic. if you take it with your friends it could be the worst possible night of your life. but if you take it under supervision and it's a controlled substance it could be the most amazing time of your life and that's why decriminalization i think it's important. once you take substances and regulate them not by law but by

packaging and dosing so there's an enterprise that is actually doing the right measure is in making sure it's pure and clean, you have a substance that is effectively safe. almost -- i haven't done the research and like two years but almost all of the opiate overdoses were due to fentanyl laced drugs purchased on the streets from china. it wasn't prescription percocet or oxycontin that was killing people. so just one analogy. imagine if nicotine was illegal and you could buy 20 cigarettes, but you could go on the street and buy one cigarette that had the strength of a carton. that's how we buy drugs on the street. and by week, i mean dana and her husband. [laughter] >> dana: i have long been conflicted about legalization of any drug. i've never done drugs and i wonder, how do you feel about it? you have grandchildren, have your views evolved on this issue at all? >> as you know i voted early and

in the district of columbia i voted against a proposal for a referendum that would say, we will not police this. i worry about that very issue, about kids. i must say i'm a little bit of a hypocrite on this because as a kid i was involved in some of this. so i will say, what strikes me as michael moore's thesis which is, none of those states that you listed in the open or swing states. none of them. what you see is whenever you put mayor legalizing marijuana, not so much the psychedelics but marijuana on the ballot, you get a boon of young people turning out to vote. so it could have made a difference. certain people in certain races in the past to put it there for just that reason, they want the younger people to vote. and they are people are behind this 100%. >> dana: i've heard some people that say it's been a great thing but then i have friends that live in colorado is that it's not good for that state and it wasn't well thought

out. >> jesse: i love how this is such a typical, eve of the election crazy valid initiative story. or like the monday after the super bowl be a holiday type of story. halloween costumes, this is right in that will house. like $500 for shrimp running on a treadmill. >> dana: i do love this topic but what i love more is corny jokes. that's coming up next. ♪ new projects means new project managers.

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how will we do it, at a time we've been asked that before. and through pandemics, and depressions, wars that split a nation, and fractured the world. americans have always found a way to vote and make their voices heard. so stand with the national council on election integrity and help make sure every vote is counted. no matter who you vote for, or how. because while this election may feel different, we all call america home. ♪ >> "one more thing." dana. >> that's not on the ballot. it's time for this. ♪

okay, so, this is an election day version of corny jokes. some of these were written by our producers and they are very good. why did the founding fathers have good breath? the founding fathers had good breath, why? >> they had mints? >> they all had amendments. very good. why it wasn't mitch mcconnell and biden -- >> because brett kavanaugh didn't know him. [laughter] >> those are all very good. and there was a house party. >> that was thoughtful. >> how did the senator keep his bike from getting stolen? the senator kept his bike from getting stolen, how? >> he -- >> he used gridlock. why does the midwest have the best playground? there are so many swing states.

>> swing states. >> and the last one. how come the president never picked up the tab? >> because -- >> because congress can't pass a bill. there we go. pretty good. pretty good. everybody, congratulations. [laughter] >> all right, happy halloween, everybody. as you know, halloween was saturday night. we have some pictures of the twins. here are the twins in their costumes. i'm not sure why she wasn't an eagles player. she one with the bucks instead. and she was snoopy. who was snoopy's little friend, like that little yellow bird? woodstock was not in the shot, but there they are. they've got a lot of candy. and they are all hyper on sugar right now. >> [laughs] >> all right, let's do this quickly, my friends. [laughter] all right, you know what? i am trying to take my own advice. i really just need to chill out.

i need to chill out. i don't know if this is going to help me. i've got to turn out all the lights in my apartment so people don't throw rocks through it. that's what i'm going to be doing tomorrow. >> and turn that fan on. >> not to my face, dana. >> juan: all right, so talk about birdbrain ideas. take a look at what an expert and artificial intelligence did with a neighborhood word. picking up bottle caps and then dropping them in a hole to trigger the release of food. it took a week, but according to the scientist, the bird got the idea and began cleaning up the neighbor's street by grabbing every bottle cap. but, as you watch this, keep in mind that not every bird can do this. magpies are the most intelligent. it is bigger than any creature except a human. in fact, they are one of only five species that can recognize

their own reflection. so, you can't call them birdbrain. >> thi think i've used that bef. there is a show up next called "special report starring bret baier. [laughter] >> thanks, greg. we are coming to live tonight from new york. america's election headquarters breaking tonight. we are just hours away from what is officially election day in the u.s. finally here. but with almost 100 million americans already voted early, we are in for an unprecedented election day experience because all of those early ballots may actually delay learning who has won here we will see. all four candidates on the two presidential tickets. crisscrossing the country. looking to capture every possible vote. they indicate that it is rapidly tightening. presidential race in the battleground states. right now, president trump is speaking