managers to go ahead and impeach essentially a former president, and you've heard two hours of the making the argument that you can't do that, you shouldn't do that. has any mind been changed? that's the big question. here comes "the five." ♪ ♪ >> hello, everyone, i am dana perino along with jesse watters, greg gutfeld, katie pavlov chen juan williams. it's 5:00 in new york city and this is "the five." you are looking live at the senate floor right now, the second impeachment trial for now former president trump is underway and a vote is expected this hour on whether a trial is constitutional and if it will go forward. we will bring you that as soon as it happens. earlier today house impeachment managers arguing that former president trump incited an insurrection of the capital on january 6th. >> they want to call the trial

over before any evidence is even introduced and a week by radical argument that president trumps lawyers advance, we risk allowing january 6th to become our future. >> presidents can't inflame insurrection in their final weeks. and then walk away like nothing happened. the president of the united states sided with the insurrection. sp1 trumps lawyers six are respondents of the impeachment trial is then put the future of the presidency at risk. >> they can't possibly be. suggesting we punish people with speech in this country. you open up new and bigger ones across the nation for a great many more americans in this process for exactly what it is, a chance by a group of partisan politicians seeking to eliminate donald trump from the american political scene but at the end

of the day, this is not just about donald trump. or any individual. it's about the constitution and impeachment of power. >> dana: another year, another impeachment. let's get your take on the proceedings as it open today. >> jesse: is going to be found not guilty and everybody knows what's going to happen. it's not even a real trial, dana. chief justice roberts isn't even going to be there. under the constitution he doesn't have to end the jurors have already made up their minds. many prominent scholars don't even believe this whole thing is constitutional. if you look at the president, it's on the president's side. throughout history congress has rejected impeaching officeholders once they looked down i could have left office and i don't know how you can say this is incitement because under the criminal code it doesn't fall under incitement, it falls under protected speech.

this wasn't fort sumter and people didn't even fire a shot on one side so let's not act like it's more than it was, as distasteful as it was. right now democrats with no credibility and they've acted a mob all summer which is more costly. then they scream law and order, and i'm not listening to what they have to say. i'm not listening to what joe biden has to say either. his credibility is shot and he ran on tackling covid. and now he's wasting time. he should be tackling covid, 60,000 people have died from covid since he was inaugurated, millions of people are out of work and he's playing games in the senate. right now, this is about the democrats in midterm strategy. they are unified in their hatred for donald trump and trying to use that unity to divide republicans and that is what it's all about. and maybe before those readings

fall off a cliff. and that's expected to go forward. juan williams, take a listen to bruce castor who is one of president trump's lawyers who said that they had a change of strategy after listening to the house democrats. here he is. >> i will be quite frank with you. we changed what we were going to do on account that we thought the house managers presentation was well done. and i wanted you to know that we have responses to those things. >> then we went through those responses, not all of them today of course, this is on the constitutionality questions. i'm sure they are not in line with jesse's, i could guess.

i wasn't watching and to my mind from his best defense he was in big trouble. i thought that there was no way that you are going to get enough republicans to vote to convict donald trump. but you know, already today we saw 11 for the process clearly signaling their distaste for this impeachment proceedings. senators do take an oath to be impartial jurors here and it's always been a fig leaf in my mind to say, this is not fair to donald trump. they are only impeaching him because they don't like him or because he's out of office but what we heard from those two lawyers today is so off the charts -- i don't even know where to begin. my senator, why do i say my senator?

we love senators. we don't even speak to the real issues on the table, that was so weak. i think the fig leaf is gone and if you are a republican senator who took an oath to be an impartial juror, i think now you will have to deal with the public that saw that there was no defense at all. either for the idea of having this impeachment hearing or for the seriousness of what we saw on the videotape today which was an attempt to stop an election from being certified by the united states congress which would be a violation of the constitution. so to me of the process argument melted away today and it just exposed the trump side. i don't know what they do, -- >> that's not great but maybe they could bring it home as they got through the end of that. and of course that just ended right before we started the show

and they are voting right now so we will bring a final vote to you as soon as it takes place. katie, let's get your thoughts now. >> katie: the first oath is to the constitution and republican senators have already voted. and to me it comes down to what is the role of the senate. the role the senate and impeachment is to decide on the removal of the president. president trump is no longer the president and that is exactly the legal argument that his team made today about the constitutionality of this process. the house of rushdie impeachment through and didn't call any witnesses and house hearings or committees to ask questions about this, they had a solid case before they sent it over to the senate and here they are again wanting the senate to do the job that they failed to do in their house with the president who is no longer working in the oval office or in the white house. so the point is moot for a lot

of people and republicans voted it's unconstitutional upholding the oath and that's where we are. the process doesn't matter when you talk about institutions that need to be respected and far left house democrats have proven over and over again that they are willing to erase all of that for political expediency and to go after president trump, and not thinking about the long-term consequences of turning the senate into the house of representatives. >> dana: and there's lots of those attempts from the filibuster reform. greg, final thought from you? >> greg: i think the reason why trump's lawyers don't look that great is because they don't have to. there's nothing here. if the dems had a good case why did they have to lie to america over it? why did their video not include the part where trump says this is of patriotic and peaceful protest. why did they leave that part out? why deceive us? the truth should be on their side. we are not talking about impartial jurors, this is an

impeachment over speech and definition of words. everything you hear an accusation is 100% objective. what is the definition of incendiary speech? you don't want the left in charge of that. so like, what is this about? it's exactly what it was about last year, the 3p's. politics, punishment and publicity. instead of focusing on the 1p that matters and that's pandemic, so what we will see is a delay among the people that love us so much. they will actually put off so much hard work just to go after somebody they hate. forgive me if i'm jaded, after portland and seattle, soho and other targets of mass violence that are currently outraged that you see right now ignored. i hold all violence in contempt

and they favor one mob or the other. if you don't see all violence as bad, you are not worth my time. they are not concerned about the abuse of power, they are impeaching a private citizen over speech, a citizen who is proxy for 75 million voters. it's not about trump, it's about you. these are the same people who ignored violence that is a physical proxy for their activist language and now they are participating in a circus with a predetermined outcome for failure as people die from covid. so before you say that trump undermine democracy by questioning the validity of the election, if you believe that's true for every anchor on msnbc and every anchor on cnn and a few anchors on fox news who also undermined democracy for four freaking years with the russian hoax, they are guilty, too. once you open the store my

friend, everybody is guilty. >> dana: i just found out in my ear from my special little friend the senate has voted 56-44 that the trials constitutional so -- hey, i'm just reporting the news. i didn't vote. tell me, control room are we continuing here or moving on? all right. jesse, wanted to bring up something because in a way to work on the covid relief bill, it is very much continuing. there is this child going on, and that is how the democrats will get through this huge $1.9 trillion relief bill and maybe it comes down a little bit. but while impeachment is going on, this thing is going to get through on a bipartisan vote. and it could even include a $15 an hour minimum wage. so to all of our points, i think everyone would like the congress to work on things that don't really matter, and i think they

will ram these things through. >> if you thought joe biden was going to be a moderate unifier than you were dead wrong. we warned you he was governing a bloodthirsty radical right now. the two things he is let off with is a partisan impeachment of the president who is not president anymore and to trillion on a party line vote. where is the buy-in from republicans? it's not there. so this will leave a real nasty taste in everyone's mouth and in washington, no one will trust this guy anymore and if you combine that with the eos where he is laying off people and he's opening the borders, he's not supporting violent criminal illegal alien, you are looking at a president who is exactly what we said, a puppet of the

radical left, controlled by bernie and barely scrambling to cobble together this coalition of insanity and it drags them across the finish line in november. the media won't cover it, they will gloss over this whole thing. they won't tell you what joe is doing behind the scenes and they won't show you the results of some of these measures that he is taking. they won't be interviewing victims on the border, they won't be interviewing laid-off workers and they won't be interviewing people that can't get a vaccine because the senate is tied up in an impeachment that they were going to do before trump entered office and now they are going to do it after trump entered office. that's the truth and you can't spend that. >> dana: juan, you want to try? >> juan: i don't need to spin.

jesse, didn't you say you were going to be fair to joe biden? it's like -- it didn't strike me that way but i will take your word because i know, it's like 70% of americans think, you know what? our economy is not doing good and our jobs are doing good, we need to help each other right now and we need that big spending package. i don't think there's much argument in terms of the public opinion on it so it's not that somehow joe biden ran on one platform and deceived the voters and are doing something else. in fact he ran on the same platform and in fact the voters are supporting him. as far as what you are hearing about the trial that we have been covering here, don't forget again, it's more. it's the majority. 56% of americans think they should be convicted and they are not arguing about whether the trial should be held, there is argument there.

>> jesse: and when they give you a choice about whether to tackle impeachment or covid -- >> juan: dana said they are pushing through the stimulus package and so clearly they are able to do both at the same time. from the timeline i've seen it should be over by next week at the latest. >> dana: katie, we will get your take on how they can do both things at the same time and is that good for america? >> katie: i think you are -- the longer we wait to get this bill passed, for example, scoring the bill and the wage will kill about a million that have jobs. that's what comes to them trying to explain that this is a job production bill.

they also don't want people bringing up the history of those gigantic massive covid relief bills. in 2009, joe biden when he was vice president on the trillion dollar stimulus package, he admitted that lots of taxpayer money gets wasted and people didn't completely went over on them because he spent this on this programs and there is no accountability. i think they can do both but politically long-term, it was won by democrats. i think we should be focused on things other than trump and they are continuing to give them attention when we should be championing these issues away from the trump narrative. >> dana: it is interesting. we hear a lot about republicans not being unified but the democrats are having a little bit of that right now. bernie sanders who figured out

quickly how to draft behind joe biden basically is saying i'm getting a lot of what i want. this is all happening greg, and i'd love to get your thoughts on this. while impeachment is going on there is some pretty good news happening on the current affairs front in terms of cases going down, vaccine starting to get out and the economy is doing better than people thought. while they try to do this huge couple trillion dollars of spending, we might find out that it's not needed. >> greg: that's a lot to unpack, dana, to use a new phrase. >> dana: if they making me stretch here. [laughs] >> greg: number one, bernie sanders has more power than joe biden. joe biden gets to wear the jacket and sunglasses and have the monogrammed bathrobe but he's not the one making the calls, that's bernie. bernie won this election, for anyone, it holds all the cards. bernie is dictating policy but joe was just happy to show up and have his oatmeal at 11:00 a.m. and take a 4:00 nap.

so your point about -- there is something else out there. the vaccine story is massive, the data out there is, reducing death 20 in one in every 75,000 patience, a mix of five dozen vaccines together. that's not on the vaccine movement, and who would actually think that the only thing worse than trump derangement syndrome's post trump derangement syndrome. they could shake the stuff off but it's like they need therapy now. they need four more years of therapy before another trunk gets reelected or elected and that was going back to the article in "time" magazine that

bragged about the set cabal that elected biden. there is an article claiming that the democrats, and that's to photo fortify an election. the threat of violence as a toggle that you can go up or down, up or down. you and up having boarded up buildings in case trump wins and then jubilation when biden wins. so there's this huge story that they are actually bragging about, but the way that media is manipulated, we are part of this, we know what's going on. we are feeding a narrative to america. >> dana: well you did very well. >> juan: we had it at one time, didn't we?

>> greg: one time. >> juan: we had violence on january 6. >> juan: you are a violence denier. >> juan: never, i'm antiviolence 1%. >> dana: i'm just grateful to all of you helping me stretch until the 20 minute mark. guess what, we are going to take a break, then we will be right back. more of "the five" coming up. a ♪ ♪

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to be studied any further. a team of investigators on the ground in that city wrapping a probe into where this virus came from said it likely spread from an animal to humans. they are facing scrutiny because of how china blocked the investigation for months in the country's close ties to the world health organization. secretary of state mike pompeo is warning against trusting china. >> i hope they got to to see all the data and all the science, talking to the doctors and interviewing them in private in places they could actually tell the truth, not to the supervision of a communist party person sitting in the back of the room making sure that they towed the communist party line, so i continue to know that there was significant evidence that may as well have come from that laboratory. >> katie: dana, this would be laughable if it wasn't so serious. >> dana: i don't know what

they found. but it seems to me that they didn't find anything that would be trustworthy and complete, and that's working from the outside of china about what they think may have happened, i doubt that. that's one thing we don't know in terms of our intelligence, and i imagine if you look back to may 15 of 2020, secretary pompeo was very strong in saying that he believed that evidence would be coming forth that show that the lab theory was correct. now that hasn't come forward and may never come forward to so people will be left to wonder. but there's definitely something that is not in question which is regardless of where it came from, china completely dropped to dropped the ball. and it has cause the entire

world great harm. and economic pain and death and loss and they should absolutely be held accountable for that regardless of where it came from. >> katie: bessie, it's not just china that dropped the ball, the world health organization which was white china pulled out of it, the world health organization. they lied about the fact that it had human to human transmission, they knew it but more in saying it in january of 2020 and yet they expect us to believe their "findings" of an investigation where all the doctors involved in the lab have disappeared and what they are supposed to believe with what they are saying about this. >> jesse: honestly we will never know the true origins of the coronavirus. china has had a year to cover this thing up and now they are running a disinformation campaign and the ambassador here is saying it came from america.

i wish american media companies would be as aggressive covering disinformation campaigns, in this case, because this information campaign is coming from beijing. many comic may be their parent companies are too scared because they have too much at stake over there in the mainland, but it's a propaganda arm, the w.h.o., katie, of the chinese communist regime. the head of it, from ethiopia, was handpicked by china. u.s. intelligence reports that this guy has been bought off and as he said, they said masks didn't work and they said travel ban's were bad and they said china was doing a bang-up job and wasn't transmitting between humans. we are supposed to believe now that the virus lab was clean? this is a mop up job and was carefully scripted by the communists and the puppets over there. one of the head scientists of the swiss scientist said they

believe it came from bats but then he says, bats don't have a natural environment in wuhan. well, why do you think the scientists from the lab in wuhan go to caves outside the province to investigate these coronavirus' and bats and then they bring to bats back to the lab and they run experiments. indications are they were so sloppy in their protocols that the virus skipped from the bat to a lab worker and a lab worker accidentally contaminated the people in wuhan. it's either that or they were and selling bats at the wet market. either way, whatever the truth is, i can guarantee whatever china is telling us isn't it. >> katie: while speaking of what china is telling us, let's listen to the chinese ambassador and see what he had to say about this. >> will scientists be allowed full access to china from the w.h.o.? >> they already have, they have for quite a few days.

my question is will they be able to come here to do the same thing? >> dana: so shameless. >> katie: do you really to trust the w.h.o.? they are toeing the line of the communist party. >> juan: i don't know if they are toeing the line but i think the reason for that is president trump and mike pompeo made a big mistake by pulling the united states out because we were the counterweight and we could push inside that organization for the kind of scrutiny that i think china deserves. in my opinion china is a bad actor here, china has never been forthcoming with information. china has never fully opened the door to the scientific investigation of what took place. so i don't think you can trust china in this. i wish that we had more influence in the w.h.o. to hold them to accounts. but at the same time i think it's important to say and i think dana picked up on this a

little bit, there were indications in the middle of last year. oh, yeah, we are going to get evidence that somehow something went wrong in a lab in wuhan. we have never seen any such evidence, at this point there was less and less reason to think that that's what happened but again, i would love to see us have more in terms of the international efforts. >> greg: he blames trump. >> juan: i said that china be trusted. and i don't -- you are missing my point totally. i will say this to you. last year in january when we found out this problem existed in china it was trump who said he trusted the chinese. don't forget that. and then of course said, we got it under control and it can go away soon. there are all sorts of things on both sides.

>> they also shut down travel. >> juan: that's not a fact? i love hearing from you so go right ahead. >> greg: you know what the good news is for people like jessie and me? covid is going to provide sentries with the conspiracy content so when we get old and were basically useless we will be hosting these series and that's a new conspiracy about covid. they are still talking about jfk. and the world health organization just said that the terrorists behind 9/11 are actually peaceful folk singers from prague. so here's my theory on the media. you notice how ambivalent they

are about the responsibility of china in this? it points the way from their prize nemesis which is america, which is why wanda had to blame trump front for this. you can't get the dopamine rush if you can't say, but trump even in his segment in which they are talking about, where did the virus come from, that circles back, two" jen psaki come to trump. he will always be there. a >> katie: he will always be there. coming up joe biden's plan to cost even more money. the latest on what democrats are up to, next.

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♪ ♪ >> jesse: job killing joe biden's agenda could soon put a lot more americans out of work. the president has been putting up more than double the minimum wage to $15 an hour. the nonpartisan congressional budget office says the plan would cost -- are you ready? 1.4 million jobs. and while present to make it democrats get ready to ram through their almost $2 trillion stimulus plan they want to pack it with more government giveaways. democrats are proposing sending families checks every month that adds up to over $3,000 per child for a year. i wonder if i get those checks? i might be priced out. >> dana: you don't. >> jesse: i don't think so. dana, tell me what's going on

here, this seems like really bad economics. >> dana: so you either live by it or you die by it. you either tend to love the congressional budget office, or you blow off the congressional budget office for not being very accurate. so consider that. i was kind of surprised this morning on "america's newsroom," we had bret baier on but i believed in that voter roma last week when senators ernst and lucas were able to get a bipartisan agreement that said you should not raise the minimum wage during the pandemic and it passed by partisan way. then you saw president biden say, i don't because even going to make it into the bill. apparently jesse it's now very much back on the table to include, and this goes back to that segment when you were talking about bernie sanders and why he's not that unhappy about being president because he is able to have some influence. the other thing that's happening that's driving me up a wall,

amazon has been advertising all throughout the beltway how they support a $15 minimum wage. i'm all about people making minimum wage but amazon has already gobbled up the mom and pops of the country. and then they say we've done such a great thing, and my last point on this, in this bill and a proposal that they have, the minimum wage would increase as the median wage of the country went out. that means that it will happen every year as there is a median wage increase. and who is going to be the politician that gets elected on taking that away from people?

and that you might the one. >> jesse: you would have to be so evil, and i can see greg, he so excited to talk about the minimum wage hike. only global warming statistics excite him more than that. us before i realize we use kind of the left and right dichotomy thing but you never convince the other side. it's never going to happen. i realize that with something that's going on right now, it's more like the activist world. it's not because i love progressives, some of my best friends are progressive. i probably have more progressive friends and conservative friends but it's the activist world for which there is no action. there's always someone else outside of their identity that foots the bill, an amorphous and rich white fat cat that is probably racist.

so you have the cost of amnesty which will lower labor costs and reduce employment for lower economic classes and you know that hiking and minimum wage will reduce economics believe it or not which democrats believe it as a science. so people pretend to care about the poor but they are high enough up on that ladder that they can't actually see the poor. >> jesse: juan, do you agree with that? >> juan: no, it's not a surprise, but no. i think there's a real debate to be had here about the minimum wage and so i welcome the debate but not just one number in terms of the 1.4 million jobs lost, because the cbo also indicated that you would give raises to

17 million americans, jesse. 17 million americans. not only that but you would pull 900,000 working americans. these are people who go to work eight hours a day and as a result of this they would escape poverty. you add another 10 million onto that who would get increases and this will be wonderful. this will be a break. and, you will get 12 people basically to get a raise. the rays would take them to just about $30,000 per year. one person does lose a job part of this has to do with kids. part of that is a child care tax credit. giving families money every year

for children. i just think if you give a kid a chance and you have terrible childhood hunger in this country, there's a better chance for this child to grow up to be etched hardworking american who pays taxes and takes care of life in his or her community. >> greg: so basically you are saying if you are against the minimum wage, you don't like children getting fed. you'd hate families. we just feel that what they are doing is hurting more people than it's helping. that's the actual argument, and it's not just about who's starting at who's not, the minimum wage is designed as a first rung on the ladder to get people in the workplace and then up. if you make that which higher you will eliminate those numbers of jobs and it's just mathematic. it's not about how it hating families are getting poorer people to eat.

>> juan: i didn't say any of that. i am wanted to point out how this will strongly -- it will pull in and edible number of americans out of poverty and i said it will come as a result for every, i think it's 12 americans who get a raise. one american would lose the job. let's have the debate, i didn't say what you just said, i don't put it in those draconian terms. >> katie: it will pull people out of poverty by putting more people in poverty and it's a direct reflection of the less idea of government. it's okay if we kill the jobs, we are passing a seamless package -- and it goes back to the keystone thing. and even though those jobs don't exist yet. the reflection or the ideology that more government is better,

and that gives them more power to implement those things up to pull them back once they are put in place. >> jesse: how is that for a debate about the wage, juan? >> juan: that's why i watch "the five." >> jesse: coming up, kids may be forced to do mandatory summer school. oh, my gosh. if they fall behind during the pandemic. ♪ ♪

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♪ ♪ >> juan: students can't catch a break during the pandemic. atlanta schools are considering mandatory summer school for children who have fallen behind. the district has resumed some in person learning and now they are looking which students need to catch up. although the plan has yet to be finalized. katie, i think 2020 has has been close to a lost school year for many kids. what do you think the best idea to help them? >> katie: i think it's a great thing to go to summer school but i'm not sure the teacher union would agree.

so i'm not so sure they will be able to catch up. >> juan: jesse, what about summer school, do you think it's a bad idea? >> jesse: i want to speak directly to all of the atlanta students right now they're watching because i know they watch "the five." democrats put you in summer school. [laughter] democrats are science deniers. the catholic schools are open, they didn't spend a gazillion dollars on air purifiers. they are not getting sick, they are not spreading, they are learning. they are not going to summer school. so when you are 18, you vote republican because republicans were the ones responsible for summer school. [laughter] >> juan: at greg, did they put you in summer school? >> greg: yes actually. it was interesting, summer school was great because where else do you get to meet the bullies from other schools i could pick on you? i went to saint gregory's in san mateo and i never knew what public school was until -- until

college. so i went to saint gregory's, this little catholic school. public school bullies are scarier than catholic school bullies and i learned that very well. >> katie: and their are no nuns. >> greg: there is no nuns there to protect you. the other thing is in three months i learned how to make a wallet. >> juan: dana, what about summer school? >> dana: these kids have a lot to catch up on over the course of their lifetime comp they could lose hundred thousand dollars, and even at this point from the school year that they lost i think that summer school might be necessary. i'm sorry, but i also agree with jesse that summer school might be necessary. >> jesse: just raise the minimum wage to $100,000. [laughs] >> juan: one more thing is up next on "the five."

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♪ ♪ >> dana: it's time now for "one more thing." juan? >> juan: stop in the name of love and give thanks to mary wilson. ♪ ♪ ♪♪ stop in the name of love, before you break my heart ♪♪ >> juan: that's her in the middle, ms. wilson, one of the original members of the supremes died monday at 76. the supremes had 12 songs that had the top of the charts in the 1960s. along with diana ross and florence ballard, wilson grew up in public housing in detroit before catching the attention of motown and making history. and they drew black-and-white audiences in record numbers and remain to this day icons of american music in the rock & roll hall of fame. can't listen to beyonce and destiny's child or en vogue without hearing the supremes. what a life, what a voice, mary

wilson. >> greg: all right, let's do this. ♪ ♪ animals are great, animals are great, animals are great. at this isn't an animal but this is no joke. this was a legal proceeding in texas where a lawyer accidentally applied a filter that made him look like a sad kitten. listen to him try to explain to the judge, they are not joking around. >> mr. pot and, i believe you have a filter turned on in the video settings? >> yes, and i don't know how to remove it. i got my assistant here and she's trying to. but i'm prepared to go forward. i'm here alive, i'm not a cat. >> i can see that. >> greg: but this gives us a great idea. before we get back in studio, we have to do a "five" with zoom

filters. >> dana: i want to do it. >> greg: the last so we do separate has to be with filters. >> dana: i want to tell you about a book, here is a seal, defense policy and the bush and obama white houses and he has all sorts of experiences that he describes here. and also all of the profits from this book go towards paying off mortgages of gold star families the country. he is a wonderful guy, mike hayes, we should be more like him. jesse? >> jesse: valentine's day is around the corner everybody so get that special someone something from the fox news shop, preferably some five boxer shorts. look at these puppies. i'm wearing some right now.

that's right, i am. we called them lounge shorts for the ladies, i guess they can go there. there's a promo right there so do the promo code. you can get 15% off of these puppies. >> dana: i think we will just leave it right there with jesse. we don't need to know anymore. that's it for us, "special report" is up next. >> i'm going to have her grizzly bear filter one time when you talk to me. welcome, and washington breaking tonight and just last hour, the senate voted that the impeachment trial of president donald trump can move forward, six republicans joined democrats in the 66-44 votes saying the impeachment trial is constitutional. the trial has adjourned until noon tomorrow. former president donald trump remains at his name home in florida refusing to testify. tomorrow the house managers will present their opening arguments that an insurrection on january 6, which is a charge his legal team