people in the building there that are unaccounted for, we knew of them, they are unaccounted for, we've talked to family members, we are very sad, as everybody goes by, it's getting tougher and tougher to find someone safe. ♪ ♪ >> jesse: hello, everybody, i'm jesse watters along with katie pavlik, harold ford jr., dana perino and greg gutfeld, it's 5:00 in new york city and this is "the five." fox news alert, in a stunning development, bill cosby is a free man, the disgraced entertainer appearing with his legal team outside his house just moments ago. >> mr. cosby has always used his celebrity, his name and likeness

to uplift women. how could a man who was being watched by the fbi every day be raping and drugging women in the '60s end '70s? today in a sense came to mr. cosby. >> we know he never should have been prosecuted, they pulled the rug out from underneath him because of politics, the court of public opinion and that is not how our system should operate. >> jesse: the actor once known as america's dad returning home after being let out of prison on a technicality, the pennsylvania supreme court overturning his 2015 sexual assault conviction. the court ruled that a nonprosecution agreement with the previous prosecutor should have prevented cosby from being charged in that case. the jury found cosby guilty of drugging and raping at temple

university sports administrator at his house in 2004, the first person to fall in the #metoo movement after dozens of women claims that he drugged and molested them but now the 83-year-old is now free man. dana, we heard from the cosby team out there in the driveway in pennsylvania. a kind of making cosby out to be the leader of the me too movement if you take them at their word. >> dana: i understand winning a case, you feel good about it. this can happen, i think that for the woman who came forward who testified, it's a sad day for them, i think it came out of the blue. i wasn't expecting this news, it was working its way through the system but you don't really expect a technicality like this to overturn a jury trial but that's what happened and he is a free man. he is home, i think for two

years of a 10-year sentence paid >> jesse: two years into a 3-10-year sentence and the decision by the pennsylvania supreme court, greg, i did not expect this either. >> greg: i did, i've been watching this closely. i feel bad for you, jessie, while he was imprisoned you were in a sense america's dad. >> jesse: people have referred to me is that. >> greg: i was hoping you'd go to harold because you know everything's everything about this but i will still his talking points, we don't know if they would've been able to convict him if they hadn't crossed the line so he has to go free because they screwed up and that's the reason, the question is how come nobody in the media knew about this but there was one person who did and his name rhymes with geraldo rivera who claimed that he was the guy that said the court was tainted by public opinion and social pressure that prejudiced the evidence for improper witnesses and i think geraldo's word was

it doesn't matter that he's a bad guy, he was railroaded. it's an interesting thing because i... i get involved in a crime going to try to make sure it's as scandalous as possible because i want, i don't want the court to function objectively, that way i can always win the appeal but in terms of public opinion this is a really good point to be made especially now, justice can be overwhelmed by public opinion which is not magnified by social media because of you remember the time this was going on, there was no way he could be innocent because all you heard all the time, you believe when you see the stuff on social media, how could he be innocent? then he's got his team working around the clock, he should buy them all drinks but they shouldn't drink it. >> jesse: as greg mentioned there was a deal by the district attorney in pennsylvania, harold, he didn't think he could get conviction on the criminal criminal charge so he said we are not going to prosecute you

criminally, we will do a civil case and so cosby says hey, i'm clear with criminal charges, i'm going to be deposed in this civil case, ends up saying yeah, i did give girls quaaludes and years later new teams of prosecutors came in, disregard this agreement and charge the heck out of the sky, do you think that was prosecutorial? >> harold: i don't know. >> jesse: overreach? >> harold: i don't think bill cosby was saying he's a saint and whether we agree with the outcome of the trial or not, what is clear as the supreme court says you can't prosecute a person this way. we should all be thankful that our system is predicated and built around protecting individual rights, they are going to be outcomes that we don't like in legal cases and the most recent case like out of a a lot of attention is police officer derek chauvin in minnesota, he got a trial in the prosecution had to put on the case, that's our system works

and if there was prosecutorial misconduct in this case with bill cosby, shame on those prosecutors because if he did the things that they claim he did and he gets off on this because they didn't do their job right, be upset with that because they were the ones i didn't do their job correctly and didn't follow the law. >> jesse: katie, a jury did still, putting aside this agreement that was trash, they looked at the evidence and found him guilty. >> katie: there's that and as you mentioned the 2005 civil suit where he admitted in the documents were released that he did in fact buy drugs to give to women he wanted to have sex with. that is on the record from bill cosby. if you truly believe in victims rights and you want justice for victims you have to believe that the technicalities matter, you have to get rid of the mob, you have to take out the emotional side of this because in the end that people who are going to suffer are the victims of something that bill cosby admitted to doing and there are cases like this that play out all the time as a result of

emotion getting into the courtroom or prosecutors not doing their job the right way on the victims who have spent decades of their life trying to get what they deserve in terms of some kind of justice for crimes that were committed against them that all goes away in the blink of an eye, like today because the things weren't done the right way. i believe that is a good thing that the system has all of these protections built in for the accused and it's up to and has a responsibility of the prosecutors and the judges end of a jury to stick to the rules we have in the constitution in order to protect the rights of victims so they get the justice they deserve. >> jesse: is because based on the clear? do you think people are going to come out of the woodwork years, years, years after the fact to file additional charges just to really get justice for any of the women that are still out there? >> dana: for the prosecutor that screwed up and their team and i would imagine they are going to feel a desire to try to make it right and they might not be able to do that.

they said he can't be prosecuted again. >> jesse: in pennsylvania. there's got to be other women out there. >> greg: for losing time? if this was an injustice, he should be the one that is suing for the two years of his lost life. >> dana: to your point, when you get older that time as a percentage of your life, i can't do the math, but if you're in your '80s and you just spent over two years in prison and you were there look wrongly on a technicality. >> jesse: the taxpayers of pennsylvania have to pay a claim for bill cosby? >> katie: if you look at it from the perspective of a woman who maybe hasn't come forward yet are going to the process of filing of civil lawsuit or criminal case, if you look at this and the prosecutors were supposed to be pursuing justice on your behalf or protecting you, screwed it up this way after you get a conviction from a jury, why would you put yourself through it in a lot of

instances, right? they probably feel pretty beaten down by what happened today. >> jesse: demoralizing for a lot of people. thank you, katie. donald trump out of the border blasting president biden's policies. ♪ ♪ i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! [sighs wearily] here, i'll take that! woo-hoo! ensure max protein. with thirty grams of protein, one gram of sugar, and now with two new flavors!

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epicenter of the crisis, to stop the surge of migrants and drugs flooding into the country, the former president and governor abbott going after president biden during their visit to the border earlier, take a look. >> look at this border, look what you see, you see an unfinished border, this is biden's fault, president biden needs to stop right there and finish building the border wall, it's almost 1000%. >> millions of people are coming in but we are talking about drugs, human trafficking. if he would have just done nothing we would have now the strongest border we've ever had, it was getting better and better because it was all taking in. >> katie: the former president and governor abbott sitting down the sean hannity for town hall tonight, biden does happen to go

to the beach quite often when he goes to delaware, the biden administration is either incompetent or totally fine with what's happening because they aren't trying to stop it. >> jesse: it's designed, they are sadistic, child trafficking, sex trafficking, these overdose numbers now, tens of thousands of americans and the 2 pounds of fentanyl can kill have a million americans, to go pounds, record amounts of fentanyl and mess coming through, saying kids and cages are suicidal and confiscating any sharp objects because they are trying to off themselves, they are horribly depressed and having panic attacks, trying to escape from the cages joe is keeping them in, donald trump is down there, boots on the ground trying to highlight what's going on, i don't think the media is going

to use this as an opportunity to highlight the broken border, they are going to spin it, make it personal, make it about trump and lead with cosby or something else and that's a shame because americans are dying. >> greg: we did but they won't even cover this end we cover it all the time. >> katie: we are told that cnn is currently at the border. the two the evening news. >> katie: let's talk about the contrast between the current vice president who decided to go el paso and the former president visiting today, the biden administration policies so what about that contrast? it's clearly an issue that americans care about. >> harold: i think democrats try to work a deal here and the deal ought to be, finish the wall, figure out how we address

some of these underlying causes and root causes, a point of likeness and levity here, if visiting the border would solve our immigration challenges, this problem would have been solved a long time ago, lindsey graham and marco rubio, ted cruz and president trump and other presidents, i get the politics of it but if we only want to play the politics every two years this is what we should keep doing. if we want to try to solve this, the messaging, the border, democrats ought to agree to build out this wall, republicans are agreeing to some root causes and figuring out what we do with a number of undocumented people here in america who will pay their taxes and get on a path the right way. that ought to be the plan. >> katie: the current vice president's job is to do those three things and instead of seeing it firsthand she went somewhere and didn't get the kind of breathing that president trump and governor abbott gave today.

>> dana: by the end of july if she hasn't presented some kind of policy recommendation to the president you have to say it was a failed mission. already it looks like but maybe until the end of july, are you going to be able to come back and say you've done something? that -- she wants to deal with the root causes and root causes take a long time to deal is, actually. a couple things can mitigate the problem, just a mention to children, the mexican immigration officials found a 2-year-old boy on the side of the road. he had been abandoned, surrounded by trash, two years old and there he is right there. so there's root causes, you can deal with the economics of law and order in guatemala, fine, but one of the things they can't support our things are already there to help them, republican congresswoman evette harold forced a vote on the house floor, please do not remove title 42 which it basically is

the public health rule that said you can turn people back away from the border. the biden administration is about to repeal that, why would you do that? it's giving you a tool to help you deal with the real emergency but the democrats blocked it so i think unfortunately we are kind of in this vortex, the media will cover the other trump story or the split screen, and his organization. greg, today and this question, why would they continue to make this worse? >> greg: that child will be on the cover of every magazine including "better homes and gardens." cnn anchor is shaking with rage, crying, so why are they making it worse? my theory is evil by extension, it's the curse of today's thinking, everything linked to

x. the problem with trump's he's had a lot of really great ideas but they are evil by extension because they come from him. the wall is the perfect example, just the thought of it worked. everybody understood it, but it's evil. that's his idea, why is it that all the institutions are getting softer, like, talk about the border or anywhere. it's because trump's positions were always the tough positions. very tough, no-nonsense, line order, tough on crime. you see what happens, they have to be anti-x. what happens, fauci in the media say no, no, no. it is often just a lost cause, it has nothing to do with the issuer the idea, want to stake

out a position, the other side has to take the other side so even if all of a sudden trump said i am to open borders, cnn and the media would be for the wall. >> katie: the wall is terrible, tear it down immediately. radical democrat ilhan omar doubling down on her anti-semitic bigotry and taking a shot at jewish lawmakers. ♪ ♪

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♪ ♪ >> greg: squad member ilhan omar doesn't regret to

parry israel to terrorist groups, launched a new attack on jewish members of congress. >> do you regret these comments? >> i don't, i welcome any time my colleagues have asked to have a conversation, to learn from them, to learn from me, i think it's really important for these members to realize that they haven't been partners in injustice, they haven't been equally engaging in seeking justice around the world. >> greg: omar isn't getting any support from the white house. >> any attempt to draw an equivalency between the united states and a close ally israel and a terrorist group like hamas and the taliban is false and reprehensible. it was not the intent of her comment but those certainly were not comments that were made from here.

>> greg: does she help the white house? in a way by being so radical the white house looks more moderate in comparison. >> harold: clearly she doesn't help the white house, doesn't help democrats and i would argue if you try to look at her words in the most favorable light, that she is indeed looking to bring about a solution to challenges in the middle east, she doesn't help that cause either. i think in fact she pushes back the opportunity or chance to find any kind of common ground, i don't quite understand what she's saying. it sounded that her words on paper sounded like she was drawing an equivalence between us, the united states and terror organizations, are most reliable ally in the region. it sounds like she's saying that's not the case, she's making yourself a candidate for some sort of action in congress if these are the kinds of things she believes, maybe removal from the committee has to be thought

about if she shares these views. i saw what i believe was a recanting on her part and now i am sadly confused. it sounds like they need a peacemaker caucus within the democratic side here sooner rather than later if we can get to the bottom of this. >> greg: it's pretty interesting, dana, i don't know her total history but she did flee a country, somalia, she comes to the freest country on earth but her criticism is always kind of born of america being oppressive so she fled to a truly oppressive experience, comes here and sees us as somehow more oppressive than anything out there. >> dana: that's one of the reasons why i think what harold is saying is true, she is completely unpersuasive, if she had points she could make that were persuasive about what she's trying to achieve which i understand would be a home run for palestinians, that's not what she said. it's almost like, for example,

glenn barry at the podium when she got the metal, got third. that's really unpersuasive, she's not able to stand up and say "i love this country and because i love this country i would love for us to stand up for justice. i think these people deserve better justice and i want to work for that." if she was saying that the white house would have to say, repeatedly, "we don't agree with that" and i don't think she deserves the path any longer because it's happened over and over again. b3 it must be challenging for the media bending over backwards not to criticize her because they wanted to just shut up, maybe you can become president, your brother can be first duty. >> katie: the media is accused of islamophobia every time they criticize her so she uses that as a shield for her own bigotry, she is dealing with real policy issues that affect allies like israel while making this insane

moral equivalence between the united states, israel and u.s. government state department sanctions and put on the sub terrorist organizations around the world, that we have fought wars over end americans have died fighting against, people who have attacked us on our own soil so it is far beyond time, not just jewish democrats in the house condemn her about people like the speaker of the house nancy pelosi because the last time this happened two or three weeks ago there was some condemnation, nancy pelosi said i am not condemning her so please don't misconstrue that but today you had ilhan omar trying to walk this back on her twitter feed with this gobbledygook of intersectionality in injustice and in her original remark she said jewish colleagues of hers in the house have not been good partners in injustice. what does that mean to her? does not mean taking away funding for the iron dome that protects millions of israeli lies and palestinian lives and

lives in israel, is that what she means by that? we have enough history based on her statements if that's exactly what she means. >> greg: jesse, every site has an extreme, an extreme person, you are one of ours. the media excuses the left, somehow the left gets to go much further until it's no longer tenable. >> jesse: there are kooks on both side. they are kooks are hating the country. she's been smacked down by the white house, she's having a tough year. i'm going to look at her in an unfavorable light and take the comments she made literally.

the taliban condoned atrocities, attacks against children, attacks against civilians, the united states do not condone any of that so she says she's all about, she suffered injustice. she probably suffered a little but as a refugee this country rescued her, brought her here and elected her into congress, we pay her health care and salary and she's violating all sorts of ethics laws and immigration laws according to reports so cnn is trying to rehab her, they expected her to say yes, i don't believe that and she just flat out rejected it. it's their problem and it's fun to watch. >> greg: it certainly is. up next, olympian gwen berry not backing down after turning her back on the flag and now says the national anthem is racist. surprise. ♪ ♪

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>> harold: u.s. olympic hammer thrower glenn barry not backing down. >> if you know your history, you'd know the full song of the national anthem, the third paragraph is disrespectful and does not speak for black americans. i never said i hated the country. all i said was i respect my people enough to not stand and acknowledge something that disrespects us. i love my people, point blank, period. >> "the washington post" calls

controversy after the texas congressman called for berry to be booted from team usa, what you think? >> greg: i think it's funny that she did something to garner attention and now she's angry she got attention. hating on the national anthem, hating the country is profitable, she could become a sports analyst at espn, a culture critic, she could be a stylist for "teen vogue," mundane theatrics like that this day and age are i think she should just be happy that she got the attention. we should not murder her. i don't think she should be removed from anything, we should just stop caring about her, treat her the way she treats the flag, i don't need it. before when it comes to the

first and second place, the winner in the second-place person didn't get the attention that young ms. berry gets. >> dana: she's the one who came in first and broke a lot of records, i don't know if you had a chance to see these olympic trials but our athletes are amazing and we are going to do so well at the olympics, the track and field star i think from houston, i wish we talked about her story, she didn't even tell anybody that her biological mother had passed away the week before the race and she wins, beautiful person, got style and we should be talking about them and if you look at a lot of these athletes that win, at the end of their race when they have a chance to speak to the cameras, almost all of them thank god. if you can't think your country, maybe figure out a way to talk about something that can bring people together. i also believe that if gwen berry wants to be the next colin kaepernick she's going to

have to get some media training, she repeated every negative thing that was said about her, "i don't hate america" is not something you want to explain over and over again. >> harold: should she get a second chance to redo this? she's young, she seems to be inexperienced, should she get a second chance? >> jesse: i don't know what a second chance means, she has to get back on the podium and place and maybe she gets another shot. honestly, she reminds me of omar. maybe she doesn't hate the country, harold, but she sure gives me the impression that she hates the country. when you're writing in the, someone on a trip and you're listening to the radio and every single time a country music song comes on they change the channel. you may not hate country music but you're giving me the impression that you hate country music. when she says "i respect my people," she's talking about black people, not my people the american people and if she's

really about respect she would've respected the flag, the country and the other athletes who were on the first and second place steps. obviously she's in big trouble, this is a cleanup job again and it failed, she booted it, this was on cnn again, cnn is constantly trying to rehab people saying anti-american things and it keeps not working. they are obviously doing something wrong, "the washington post" thinks they are the racial referee of this country. he probably would've condemned her stronger, he wants off the squad, who cares what color she is? that's not the point. "the washington post" is trying to create a situation where you are cannot criticize anybody who's african-american, they will make you a bigot if you do that. if you turn your back to the flag like that, most people think that's anti-american. >> greg: this is really about country music. >> jesse: you know how i feel about country music.

>> harold: for the record you tried to change that station. b5 it's a great song. i'm not surprised of "the washington post" would compare a republican dan crenshaw to a democrat, george wallace, and try to act like they are the same thing. george wallace is a democrat, not a republican. what i love about sports is it's all based on ability and skill and perseverance and hard work and you are judged by that, take everything else out of it, race, they are taking gender out of it now and it's all about who can get to the finish line first in whatever sport you are and i think it's unfortunate now that even though wokeness is trying to divvy up sports in a way that isn't based on hard work and getting the job done, it's based on all of these social justice categories they want to check off, it's unfortunate. >> harold: i hope she gets a second chance, though. up next, flying cars are finally here. that is much more after "the

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>> dana: that's a great song. welcome back for "the fastest." jesse has been searching for ways to beat traffic coming back from the beach but how about a flying car? take a look at this futuristic air car that transforms from a road vehicle to a plane and under 3 minutes. it's still a prototype for now. >> jesse: it's slovakia, that may be nervous, country not known for their aircraft or automobile. i'm into it. >> dana: do you think you should have a special license to operate one of these? >> katie: i am wondering, they turned roads into runways, flying things need to space to take off and land.

i don't know, licenses. >> dana: it is kind of like "the jetsons." we saw this when we were kids. >> greg: this isn't a flying car, this is a driving plane. they are turning the roads into runways. this is a scam, i don't buy it. >> jesse: this is a prototype! >> greg: you are a prototype! >> dana: should we invest? >> harold: i don't know, i agree with everything everybody said, i don't know how you policed this. if it helps you get places quicker, help us do things, give it a try. >> dana: three cheers for slovakia. if you ever fake it until you make it you are in good company. three and five people say they just make it up when it comes to things they don't know.

jesse? >> jesse: someone faked it last week with me. that sounded bad. i was interviewing people about the biden-putin summit. i said what you think about the summit? she said "great summer, people really came together." "what summit are we talking about?" "i don't know. it happens. [laughter] >> greg: this is very important point, you should understand this being a minutemen tour, young people and they enter their work space, office space think everybody can see their incompetence and they think that everybody else is competent. that's not true, when you walk into an office everybody there has their moment, am i actually doing my job? what happens is confidence creates confidence."

that on a t-shirt. >> dana: harold, what do you think about this? >> greg: i think it's a problem, one of the reasons that people are doing things they shouldn't be doing, pretending they know what they are doing when they don't, when we think about how we challenge and dispute people who call themselves experts in certain areas this has a lot to do. we didn't want to overturn the experts, we do confront the experts point with facts. so it's a little disconcerting, it's funny but unfortunately it's hurting us as a society. >> dana: it's okay to fake it appear on tv, you don't want someone faking who is in charge of things. >> katie: i thought fake it until you make it was about attitude. if you're having a really bad day are you, something happened

in your personal life but you have to put on a brave face, that's fake it until you make it. >> dana: i think it's okay, i will fix it. we don't get to do the third one? we will save it for tomorrow. "one more thing" is up next. ♪ ♪ . .

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her neighbors across the way are good friends with her. oh, that was cupcakes the day i sent. and they cut out 74 little construction hearts and put them up on the window to see when she woke up. happy birthday, mom. >> jesse: happy birthday. >> happy birthday. >> dana: jail, super max. >> jesse: yesterday, i told you a story how i let rookie p. polled the audience they did not side with me. not okay to let your dog pee on the traffic cone. 40 percent said okay. i think the poll is rigged. >> dana: how many of those people have dogs. >> jesse: exactly. i rigged. you agree with me. polls are rigged. dana perino. also another titillating excerpt from "how i saved the world" here we go. president trump was a gracious host and gave us a short tour expounding on the history of the white house. we all sat down for dinner and talked for hours. actually i listened. trump was on a roll we imalg us

with campaign stories and policy talk. the dinner was off the share but i will just share this dot dot dot. if you want to see what happened at the dinner. go buy the book where books are sold. where are books sold anyway? [laughter] barnes and noble? [laughter] also, go watch prime at 7:00 with watters. kennedy, senator kennedy, bongino, lara trump and emily compagno will join us. >> greg: i have been told that these shirts were sold out at the fox whatever, fox news shop. they sold out the first shipment. so now they just ordered some more. if you want a gutfeld shirt exclamation point can you go there and get it it's a large. for you it's sleeping bag. fox shop.fox news.com. get yours house. >> jesse: do you get any money for that or the animals are great leash? gut guilt nothing. >> jesse: how did you negotiate

that deal? greg's real estate news. in america if you find mice you set the traps in england you build a village this guy found wild mice in backyard and decided to bailed village for them with dining tables and log cabin and post box. cats let him leaf there and hang out. it's a british recover from did this i didn't know they had photography in england. catching on. magical. >> jesse: paintings of everything. >> greg: they still do. gutfeld show is going to be great tonight i have emily compagno and casey mcconnell who does monsters across america for fox nation and then kat and jimmy. >> jesse: going to be a great show. i will be watching. okay. harold? >> harold: the ingenuity of american entrepreneurs never ceases to amaze. do you know what's better than a cold beer in this heated wave?

beer ice cream. an american inventor developed a machine that would turn your favorite beers into a soft scoop ice cream. the below zero machine take as beer or any alcoholic beverage and crystallizes it under in 30 minutes. usually slushy machines would take an hour or. so frozen beer retains alcoholic content you can even get a little tipsy on this ice cream. you got 6,000ed? you got $6,000 you can buy this. $6,000 you can buy this machine. >> jesse: flying car instead, harold. >> dana: i want that hey, can would get that machine for our next anniversary? >> jesse: throw it on the annex, guys. >> katie: real quickly senator tom cotton and chuck grassley found a great way to honor veterans in iowa. take a look. [applause] 21 and 22. [cheers and applause] so, the senators did a 22 pushup

challenge in iowa. senator joni ernst counted them down. did that to honor the 22 veterans a day who commit suicide on average every single day. senator grassley is 82 years old and he dominated the challenge against senator cotton. great team work all around. >> jesse: grassley challenge president biden. he is always talking about how he can do all these pushups. let's see it, president. that's a challenge. >> greg: great point. >> jesse: "special report" is up next with bret who can also do pushups we think. >> bret: yes, but i want one of those gutfeld shirts. good evening. i'm bret baier. breaking tonight, former defense secretary donald rumsfeld has died. rumsfeld served under four presidents and worked nearly a quarter century in corporate america. six decades had in public service for the country. we will have complete coverage in a moment. first, some of the other headlines today. comedian bill cosby is a free man tonight. he was released from prison a few hours ago after the pennsylvania supreme