i'm an impartial juror, i will have to look at the evidence but i wouldn't do that if i was him. >> neil: all right, senator, thank you very much. we have a lot of other issues, these other news items are suddenly dominating. following the progress on the budget and the future of the congresswoman. ♪ ♪ >> jesse: hello, everybody, i'm jesse watters along with juan williams, dana perino, greg gutfeld, it's 5:00 in new york city and this is "the five." there is a full-blown revolt against teachers unions who are refusing to return to the classroom and harming kids. accusing her city's teachers union of creating chaos for not taking a deal after the city bent over backwards to accommodate their demands. watch. >> cps had three weeks of successful implementation of the

mitigation plans in our schools, that was, until the ctu blew up that success and created chaos that we are now enduring. we waited for hours last night. hours, and still did not receive a proposal from the chicago teachers union leadership and as of this morning, we are still waiting. but to be clear, not patiently, not anymore. we are failing those children by not giving them the option to return to school. failing grades, depression, isolation, and so much more. my patience for delays from ctu leadership is over. >> jesse: san francisco has had enough as well be at the situation is a ridiculous that the city is now suing its own public school district to get classrooms reopened.

where is joe biden in the democratic party for all of this? why isn't he backing up local leaders in san francisco with mayor lightfoot? michael bloomberg seems to have an idea why. he is telling the president, grow a backbone. >> it's time for joe biden to stand up and say that kids are the most important things. important players here, and the teachers are just going to have to suck it up and stand up and provide an education. >> jesse: all right, greg gutfeld is wearing five layers today to represent each one of us here on "the five." i'm sorry it's so cold here, what do you think about what is going on? does joe need to listen to many mike and grow a backbone? >> greg: obviously, this is trump fault. he's the reason for the shutdown, for covid, the crime,

the blizzard we are experiencing. he's responsible not only for my postnasal drip about my prenasal drip. a lot of people don't get that and i also blame him for the reboot of "sex and the city." new york has been through a lot, we don't need another "sex and the city." you know how the saying is a wash pot never boils. we are watching water being boiled by morons. this will never end because each position in this debate is helmed by a person only interested in preserving their own power, so that position is held by the teachers union who don't want to assume any risk, that's why what was interesting what bloomberg said, which was really important, he said that the schools for poor kids were bad before covid. not after covid, because he understood how the teacher

unions, how awful they are for kids. we talk about systemic racism and the justice and economic system but there is one system that comes to everyone first, and who is ruining it is a teachers union. they will do anything to prevent any competition, hence the demonization of charter schools and any school choice. that is why you will never see an end to these debates. >> jesse: and the charter and private schools are doing fantastic numbers. the white house is not on the same page with the cdc. listen to this earlier, watch. >> there is an increase in data to suggest that schools can faithfully reopen and that that safe reopening does not suggest that teachers need to be vaccinated. >> in this personal capacity, she is the head of the cdc but we will wait for the final guidance to come out so we can

use this as a guide for schools around the country. >> jesse: in her personal capacity, dana. >> dana: there is so much here. first of all, we were supposed to follow the science now in the sciences saying if the schools open and pretty sure the cdc director is not saying that in her personal capacity on a saturday afternoon, as she is taking her dog for a walk, she is doing an interview in front of a sign that says "cdc." though that means that she is giving guidance. i can't believe the media didn't -- i guess i can. i would have expected more questions given that the entire biden campaign and affect all the democrats all the way through, donald trump is not following the science, we are going to get back to science except when the teachers unions are at risk of not getting what they want. i find it very surprising that you have lori lightfoot, the

mayor of san francisco, both basically saying no more mrs. nice gal. we have had it, we tried to be patient with you but we are done with the teachers union. here are the first black woman to run these cities and who is backing them up? no one except for mayor bloomberg. spending $100 million on ads to back up the mayor to get the teachers unions to do the right thing. there will be some long-term changes. they have a way of having some massive change in some sort of way, some good, some bad. in this case, parents are seeing all across the country that the private and charter schools are open peer they are making just decisions and big sacrifices so they can pay more to send their kids to school. once they get a sense of what

it's like to be in a catholic school where the teaching is good, the uniforms are there, everybody shows up on time for good teaching and you learn a lot, i think it will be very unlikely that these kids will return to the schools. it's about the money, looking for $160 billion more for school and what are they going to spend it on? they are going to lose so much federal funding, $14,500 per pupil per public school students, but only if they are enrolled in public schools. you are going to lose all the money and that might be why the unions are holding strong in the white house too. >> jesse: you have spoken so eloquently over the course of this show about the importance of education with minority students, you now have a

situation where the mayor in chicago says we spent $100 million, we upgraded it, it's safe, the cdc director of science says it's safe, so what is holding these people back? >> juan: i think obviously teachers unions are there to advocate for teachers, as you know, jesse, jesse had spoken my truth today because i'm for opening the schools and i think just like greg said, i think minority kids are getting hit hard by this and just like dana said, i think the cdc director was speaking from the science, so i think all of that is true but i do think you want to make sure that the schools reopen safely, i think we are dealing with a rise, a spike in the virus in many places including chicago, i think we are dealing with mutant viruses, all that is true. but i think clearly the science is on the side of opening the schools. let me just also say and this

doesn't get recorded very often but i think it is true, progress is being made. in the city like where i live in, hybrid basis where the kids go back in one week, they are off the next week for virtual instruction. in new york city the lower schools are open, we are seeing this all over the country, progress is being made on the biden promised to open the school in 100 days but the second part of this, and this is something the teachers unions are emphasizing as there are a large number of parents underreported who don't feel confident right now about sending their kids back. i disagree with them, my own children, i love my children, love my grandkids but i would send them back because i think that what you heard from lori lightfoot is true about the condition of kids, so to me, yes, teachers unions should do a good job of representing teachers. i want teachers safe but i want kids back in school.

we expect the same thing to be said from the man sitting in the white house right now, but we have not heard a forceful enough message from him with regards to this issue. >> dagen: it turns out president empathy does not like children too much. this is what you get when you have a president, a democrat who has been in politics for half a century. five decades of kowtowing for the unions, do you think he's going to change now because mike this is what we call muscle memory. he is weak, he talks about being moderate, he talks about unity but joe biden has talked about in just the past couple of weeks he will do favors for special interests who support him over jobs and now over children. horrific, irreparable damage is being done to kids educationally, developmentally,

emotionally and psychologically. how many suicides is it going to take to reopen the schools and have the commander-in-chief but the hammer down? how much more suffering do we need to see from poor, black, and latino children in our major cities? these most vulnerable hurt. and let's talk about a generation of women, the working moms. moms are having a major setback. screw the kids, long live the teachers union. >> jesse: reopen the schools and vaccinating the country, he sailed to reelection on that but he is not pulling it up so far. coming up, the rules don't apply to democrats. john kerry busted ford defending using a private plane to accept a climate award.

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♪ ♪ >> dana: another day, another democrat caught skirting the rules and mandates they want everyone else to follow. we first thought when nancy pelosi went to a hair salon in san francisco despite restrictions keeping them closed for the public. gavin newsom was busted violating his own covid-19

restrictions at an upscale restaurant jesse can't wait to do so, come i go to. now john kerry is being called a hypocrite, here he is taking a private jet to accept a climate award in iceland. >> if you offset carbon it's the only choice for someone like me who is traveling the world to win this battle. i believe the time it takes me to get somewhere. i can't sail across the ocean, i have two fly to meet with people and get things done. >> dana: let me start with you, jesse. at the time of this interview, 2019, john kerry wasn't the czar of anything. he couldn't have signed america up. what battle, who is he fighting for? i don't get it. >> jesse: john kerry is fighting climate change by changing the climate. stop fighting so hard, john. this guy's carbon footprint is so big, exxonmobil is going to give him an award.

i just read his profile, the guy has got five homes, five subs. but he just sold his nantucket property because they were about to put wind turbines that would destroy his view and property value so then he took the profits and bought a place on on the vineyard instead for $11.5 million. i saw the aerial shot, i couldn't see any solar panels on it but i assume that laid-off miners are very busy building them. we know it's very dangerous to live on the coast because of those rising sea levels. thank goodness john kerry nose breaststroke and he can breaststroke himself to safety. the only green job that he has created has been for john kerry and it's not even green. by the way, who is paying for the jet fuel where he is flying all over the world? are the taxpayers paying for that and are we also paying for the carbon offsets? what a great scam. someone should ask jen psaki

about that. >> dana: and greg, the reporter who asked about that, an icelandic reporter, he was like hey, by the way, you are here for the climate but you are in a private jet and, you know, they are supposed to love the media, the media was kind of needling him there and now it has come back to bite him. >> greg: are you sure that wasn't pure? offsets are basically our generation's version of indulgences. as long as you can afford offsets, you can do whatever you want. let's not forget de blasio's excuse for using a motorcade to go to the gym across town with that, my climate advice is enough of a contribution that i can abuse the advice. you see, it's a canceling out of things. can i go completely off topic for a moment? >> dana: okay. >> greg: i think a bigger problem than political hypocrisy because political hypocrisy will never go away. we will do the story forever. it's a cultural hypocrisy in which the political hypocrisy is embedded. how did harvey weinstein or

roman polanski or now marilyn manson get away with all of their grim assaults, even though everyone knew what was going on? it's because culturally it is easier to take advantage and skirt the rules, as long as you follow the liberal orthodoxy. the cultural orthodoxy of liberalism allows you under the guise of tolerance to get away with anything you want. yes, you can get into politics like john kerry and you can override the laws that you set but if you get into culture, if you become a rock star or a tv star, a celebrity, you can get away with stuff that is so disgusting you cannot even say it on tv. >> dana: we will not say here but we will imagine it indeed. >> jesse: you are a sick person. >> dana: getting mono from the ken doll affected me from yesterday. >> greg: you know, i am sorry. >> dana: juan this week it

was reported that all the countries who signed on to the climate accord are not going to reach their stated goals of reducing admissions. why is it so important for the bite administration to re-sign up if none of the other countries are going to make their goals? >> juan: the idea is we can set an example and we can insist that they do meet their goals -- >> dana: we already met our goals. >> juan: we weren't in it! we are trying to meet our goals, they need to meet their goals and that is what the deal is and i think we have an important role to play their as global leaders and that is what the united states should be. by the way, i'm john kerry, obviously, this happened in 2019 and to jesse's question, obviously, he was playing for that field, not the united states government, not the taxpayer and by the way, john kerry's wife is richer than john kerry. john kerry's wife is rich beyond teresa hunt but it's bad optics for anybody who is the climate czar and he's going to have to

learn about public relations for a climate czar, having said all that, i don't think it's good for us to nitpick what greg called earlier political hypocrisy, because that is just so rampant. it is important for us to look beyond all the hypocrites that some guy down in austin who went to a wedding, there was a governor of california and look at climate change. the policies, the important things about dealing with climate change remains important to all of us and we need to deal with it and we should not get derailed by nitpicking personal hypocrisy. >> dana: but we do it so well. [laughter] >> dagen: john kerry showed -- i wish he spoke with a french or some sort of amorphous european accent because that way at least it would kind of be a better indicator of his ego and his arrogance and how much he loves himself. did you notice how many times he

said "i?" i can't take a ship across the sea. well, i'm not that concerned with how he's traveling. screwing over america to suck up to nations that hate us who want to triple the economy, high energy prices, make us dependent on foreign oil. come to china, they're going to meet their promises, they don't give a damn. by the way, our missions are the lowest they have been since 1950. his climate end game is to drive up the cost of commuting to work, assuming you have a job left after four years. >> dana: dramatically less greenhouse emissions because of the pipeline being canceled because of how they will have to get that natural gas to and from. great talking come everybody. coming up, we left when violence

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appropriate to the actions of the terrorists. yes, these are my words now and i am calling this crime an act of domestic terrorism. >> dagen: criminals have no fear in new york city. a chanel got robbed in daylight. four criminals made off with four chanel bags and so far, no arrests have been made. this is the same neighborhood where store after store was looted last year during the rioting. >> greg: is ongoing. i live down there. there was looting going on continuously. not every day, but once every couple weeks a store get to it. a great piece in "the new york post" in which paul interviews store employees in new york city that were plagued by this and employers say that one thug will rip out their phone and start taping and

another will accrues them of racism and the store owners are terrified more of the online mobs destroying their reputation than the people who steal $50,000 of merchandise which is what usually happens. it shows how bad people can deploy the flaws of a liberal system. we live in a time where we are expected to freeze when someone shouts "racist" and if you don't want to be branded a bigot you do freeze so was long as we have countless race baiters in the media continuing the practice of smearing innocent people, it's going to allow cover for all sorts of crime and we cannot forget that all of these cities are boarded up not encase biden won, but in case trump won. >> the loading is ongoing. i will channel somebody on the left. there is no victim in that robbery. that store has insurance.

>> juan: that store has what? >> dagen: has insurance. >> juan: oh, that's ridiculous. i think the big story here is i look at the numbers and i look at the department of justice, fbi statistics, crime in america, they are at historic lows. if you look at a city like new york that you are discussing, crime in new york, violent crime is lower than when law and order mayor giuliani is in office so i think we have to keep that in mind. >> greg: that is so not true. >> juan: yes, it is, and i want to take responsibility because i think there are some people on the left who are crazy, like what's going on in olympia, washington, with that hotel. >> dagen: domestic terrorism! domestic terrorism from the left. >> juan: now, that's not my words, that's the mayor. but i'm saying the most dangerous crime right now in the u.s. is what we saw at the

capitol on january 6th. armed insurrection? i'm talking about conspiracy theories, false claims of a stolen election, this is ongoing. that's the most critical crime right now, threat of crime in the united states of america. >> greg: so nice you care about crime now. now you care. >> juan: the u.s. military is calling for a stand-down to root out violent extremists and white supremacists right now. that is the real crime threat being dealt with by our military. >> greg: all lives. >> dagen: jesse, you know what is domestic terrorism out in washington and they are from the left, and insurrection by definition is a violent uprising against an authority or government. that is what was going on at portland and out west and all of our major cities all last year. and now, we are worried about one insurrection?

in d.c. >> jesse: the media is slick. they will just hide a crime surgeon and they will only cover what they consider political crime by republicans. hate crime hoaxes, tabloid crimes, but when their guns and start shooting and people's homes and businesses are burned, they say that is mostly peaceful but americans who watch the local news turn it on at 6:00, what did they say? if it bleeds, it leads. you're going to see that in every major market, hachette attack on the 15 dead. you can't ignore that. if you live in a city, you can feel the quality of life has changed. your survival instincts are there. you have a head on a swivel, may be about a gun, may be left the city and moved because people have moved in the mainstream media, if they downplay criminal activity, they are putting other

people in danger. it does them a disservice because everybody wants to be able to protect themselves and if you say everything is hunky-dory and it's not, that's not good. >> dagen: dana? >> dana: one of the things we are talking about in the country is whether we should increase the minimum wage to $15 an hour, so that is ongoing and in the meantime, could we protect the people who make a minimum wage quest wrecked the people who work at a hotel, imagine how terrifying that would have been. one of them actually got hurt, and nobody else says a thing. i realize that is happening in olympia, washington, but to jesse's point, i love watching local news, whether it be here, d.c., when i was recently traveling, it's everywhere. maybe they can show here or there whether it's not, but the stories we had this morning on "america's newsroom" painted a different picture but we should think about those staffers, the

ones who work at the chanel store who were terrified and those that worked at the hotel. >> greg: felonies have jumped, murders have jumps, we went over them this week. >> dagen: murders more than doubled in new york last year. >> juan: but jumped from an all-time low. >> greg: now they did >> dagen: now they are up but it was from an all-time low. he >> juan: the crime is very low. it is. >> dagen: i've been chased down a street, it's frightening. people's businesses are suffering. mom and pop can't afford it. speaking of the local news, with the far left district attorney out in los angeles george gastown, a convicted double murderer was approved for parole in the last day, denied parole in 2015 and 2017. prosecutors because of the d.a. were barred from attending the hearing. the victim's family based that

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♪ ♪ >> juan: "the new york times" facing backlash over free speech in america. it ran an article that the biden administration create a truth commission and create a realities are to combat this information. "the washington post" editorial board backlash hard, they dismissed the idea as a

crackdown on free speech. "liberals ministry on truth and the academic press, mall state media controls." let me start with you, the government can't limit free speech, that would be unconstitutional but there is tremendous concern about violent rhetoric, death threats and the like. what would you do? >> jesse: greg gets death threats constantly and he seems fine. listen, republicans win elections too, juan. what if trump wins in 2024? he could decommission? that will be fun, we will get to pull up these anchors from fake news cnn and msnbc and they will have to testify lives on fox of course about how they booted some report, about how those reports were just hacks? we could bring up "the washington post" fact-checker and ask him why he spends for democrats. why are we going to have,

kellyanne conway, she can be the realities are, alternative facts. we can play that game too. does she get a jet like john kerry, the climates are? come on. you don't ever want to merge truth with the state. who's done that? last time i checked it was soviet russia and communist china, we don't want to go down that road. >> juan: greg, yesterday when we were talking we came to some agreement about big tech because you don't like the idea that you would silence some people. what do you do in terms of cracking down on excesses of big tech? >> greg: first of all, you have to understand what "the new york times" is suggesting. it's a feeble mirror image of trump confronting fake news. trump would just call it out almost at every opportunity, which is how you do it because as you know, it's subjective. one person's fake news it is another person's true news.

that is why leftism is so scary because what they do is attach objective consequences to subjective beliefs, all right? this turns out to be kind of an autocratic hall monitor version of censorship. you would have to call them out on it but that is not enough, when liberals and leftists get into power, then it's their turn to turn the screws on their credit, instead of calling them out, they want to silence them. i have no interest in silencing anybody. i want to have the dumbest idea i've ever heard but sometimes i do every day. but i want to hear it. i think what's his name, i can't think of his name, the guy that got kicked off of youtube, jones. i see more of alex jones now then i did when he was on "info wars." bad ideas just come out in other

places. >> juan: dana, i was thinking of tobacco and i was thinking, what did we do when we were trying to deal with tobacco is a public health issue and for a lot of people, the threats, pornography, all that is going on online, a public health issue, is it something we could deal with your public awareness customer how would you deal with that? >> dana: okay, public health issue, no, i don't think so. i'm trying to -- i mean, i'm glad we don't have smoking in restaurants, that is my preference and i know there's some people who strongly believe if you are a business owner and you want to allow smoking in your restaurants then you should allow that. i don't think you can actually mix up public health and free speech. i agree you can't yell fire in a crowded theater but i also don't think this is what this is about. again, i don't like this information either way, and we know that can be out there but i think the only way to really deal with that is to have more speech, not less.

>> juan: dagan, do you agree? >> dagen: conservative thought and speech causes cancer, i'm still trying to make that connection in my head. liberals get a pass from this censorship, censorship of thought and speech but to greg's point, i'm going to reiterate what he said earlier in the show, how much wrongdoing and bad, nefarious behavior is being ignored because people are worried about somebody, or 74 million people who voted for donald trump. the biggest problem are the technology monopolies. apple, google, amazon and facebook because we now see they have been co-opted by the government. it's not a clear violation of the first amendment but it is pretty damn close, and they don't want to be regulated. >> juan: i think the concern was over violence and what we

saw january 6th. >> dagen: violence is a crime! >> greg: it's a health concern, believe me. 25 people died over the summer, health concern, i agree. >> juan: i am being told we have to go, folks. ahead, the hope is once we are all vaccinated we have to get back to normal, right? but maybe not. what the white house press secretary said today about that topic straight ahead on "the five." we made usaa insurance for members like martin. an air force veteran made of doing what's right, not what's easy. so when a hailstorm hit, usaa reached out before he could even inspect the damage. that's how you do it right. usaa insurance is made just the way martin's family needs it with hassle-free claims, he got paid before his neighbor even got started. because doing right by our members, that's what's right. usaa. what you're made of, we're made for.

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♪ ♪ >> greg: white house press secretary jen psaki has some bad news for americans hoping everyone who gets the vaccine will help us get back to normal. >> it's not just a vaccine, it's obviously an incredible medical breakthrough and we want every american to have one but even after vaccinated, social distancing, wearing masks are going to be essential. >> greg: dana, essentially we will never return to normal. >> dana: is that official guidance? were they speaking in their official capacity or was that a

personal opinion? until i see the lady from the cdc, i don't know if i will believe it. i did an interview a few days ago with the doctor in which i said so everyone is excited about getting the vaccine but if they get the vaccine, what can they do, can they see their grandchildren? pretty much no, nothing is going to change and i've got to tell you, i wear the mask but i'm getting tired of it. >> greg: tell me about it. i'm actually wearing my mask right now. >> dana: you are wearing a lot of clothes right now. >> greg: i won't tell you where the mask is but i'm covering a lot of places. juan, the argument is the vaccine should keep you from spreading it but they don't know if it's 100% so you have to wear the mask anyway? >> juan: i think what jen psaki is talking about is herd immunity and what we've heard from the scientists including dr. fauci is you've got to get to 75%, 80% vaccination rate. we are nowhere near that. i saw a map the other day, when

present, to present in most places. some places like 5%. we are a long way from herd immunity, it's not going to get us sick again. >> greg: i heard you have immunity. [laughs] jesse, thoughts. >> jesse: joe biden has got an alley-oop for reelection. he already got handed warp speed, the economy is already recovering, he's just got to jump and put it in the hole. but with messaging like this, this is going to turn the american people against them. if you tell people you're going to have to wear a mask in social distance for years and years and years, they're going to rebel against joe biden and they are not going to want anything to do with him. >> greg: what do you think? >> dagen: i want to know which one of you are going to break it to my dad. he has got that second shot on his calendar, he's getting his new crowns put on his new implants. he is ready to party!

and i'm not going to be the one to tell him. [laughter] >> dana: i volunteer, juan. >> dagen: he's 84, he's ready to rumble! >> greg: there you go. "one more thing" up next. ♪ ♪

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look, liberty mutual customizes home insurance so we only pay for what we need. it's pretty cool. that is cool! grandma! very cool. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ ♪ ♪ >> jesse: time now for "one more thing," greg. >> greg: this is my favorite! how many dogs are behind this door? i'm going to ask each one of you how many dogs are they behind this door? how many dogs are there behind this door? >> juan: three. >> greg: how many dogs? >> dagen: 18. >> dana: 12. >> jesse: 13.

>> greg: count the dogs! >> dana: one, two, three, four, five, six, seven, eight -- >> greg: the answer is ten, i guess three winds. who let those dogs out, and my right? >> dana: congrats, it's the first time juan has won anything on this show. >> juan: take a look, take a listen at the good people at the country village senior living community in bartlesville oklahoma. ♪ ♪

[laughter] they are drumming up town funk by bruno mars on their exercise balls and you could see the balls are propped up on laundry baskets but they are not doing chores, that's exercise. the drumming helps with dexterity as well as breaking a sweat. on social media, the video has been viewed at 2 million times, one group suggested this is the group that should perform at the super bowl halftime show, i agree with that one. >> dana: all right, you're up next. >> dagen: consume this delicious video of two giant pandas at the national zoo playing in the snow, it's the smithsonian national zoo. it gets better. i'll just pass it off to dana. >> dana: if you want to buy some girl scout cookies, you can do it at troop 6,000 -- google

it. these help girls in the new york city shelter system, they can't sell their cookies this year but you can buy them online, you can also donate to the troops if you don't want those calories in your house, i think it's a great program. >> jesse: we agree with that. that is it for us, "special report" is up next with bret baier. >> bret: i'll take the thin mints, good evening. president biden says he will seek to raise the annual refugee cap to 125,000 in his first year in office up from 15,000 set by the trump administration. meantime a u.s.-mexico border, some facilities are at capacity tonight due to a steady increase in border encounters since aprit restrictions. some migrants are now being provided the notice to appear

and release