stuff that they are driven to see. senator blackburn and i have introduced the kids online safety act that will provide more modern solution to a modern problem to update the law, to account for the role of social media in or on going -- ♪ ♪ >> dana: the supreme court confirmation hearing on capitol hill. hello dana perino, judge jeanine pirro, jesse, greg gutfeld, and this is "the five." president biden supreme court nominee kentanji brown jackson with marathon questions during a confirmation hearing. judge jackson pressed over her philosophies, liberal believes and soft on crime stance.

the issue and sentencing she handed out for cases. >> judges have to consider things like the victims. when i was talking about making sure that victims, circumstances are heard, it was about my sentencing practices. >> victims being hurt with respect. >> dana: republicans promising to keep things civil but there is a glaring double standard. >> there are two standards going on here. you are an african american conservative woman, fair game to have your life turned upside down, to be filibustered no matter how qualified you are. if you express your faith as a conservative, all of a sudden you are a nut and we are tired of it. it is not going to happen, but it appalls me that we can have such a system in america. >> dana: clarification on that she he was talking about is not

bush 43 put forward and 2005-2006 she was filibustered two years as a black conservative judge and there were members of the senate at the time and biden was on the judiciary committee that did not want to put her forward because one of the people anonymously said in the paper they did not want a republican in a position to nominate a black woman to the supreme court because they wanted to do that themselves. she was a very qualified judge, the same thing, it's been 22005-2006. judge soft on crime issue or judicial philosophy, what did you take away today? >> judge jeanine: i think she has not indicated what judicial philosophy is. she talked about her methodology. and so, her methodology is as usual, number one she goes from a position of impartiality and then here's the argument from both sides and his sides. that is what every judge does appear that is nothing new.

but i will tell you the thing that bothers me those that do defend her face on sentencing of the consumer of child is not recommending, by the way my no mandatory minimum and the fact is that she talks about victims, but she doesn't really talk about the fact that these younger children are forever in a position of living forever in images of being sexually molested on the internet among pornographers. and her position is for first time there should not be a mandatory. and she's gotten away with that. i think it is a little too easy. and i don't like the fact she said, i talked to the defendants and tell them about the harm. talk about the victims who really suffer the harm. she continuously goes through that. when the truth is if you confess

child pornography she doesn't want to give time but if you receive at the law says you must give them a minute. i haven't heard anything about her sentencing at the high end. so she has a classic public defender. >> dana: did you want to answer that, jessica? >> she is a public defender, that was her job and that is how she sees things. and i think the attempt to have an open conversation about judge jackson someone who thinks child pornography is okay or it is not a huge injustice and it is terrible what happens to the kids featured and this is a big failure. i think today a lot of people were talking about the things they want to talk about, the crt, talking about gitmo and john cornyn saying that she said

bush were war criminals and that is how it is actually filed. a name of defendant, bush and why did you call them war criminals? you should know first of all how those petitions were used as a formula. it seems like they were trying to land on a lot of big booms or whatever you want to say. >> jesse: big booms. >> jessica: and it wasn't working. she has been very steady and i understand electrifying answering everybody's questions. >> dana: child pornography, she had several days to prepare an answer and she had one at the beginning. this is her answering a question from senator durbin. >> there is a statute that tells judges what they are to do. congress has decided what it is that a judge has to do with this in any other case when sentencing. that statute, that statute

doesn't say look only at the guidelines and stop. here the statute doesn't say impose the highest possible penalty for this sickening and egregious crime. the statute says, "calculate the guidelines but also look at various aspects of this defense and impose a sentence that is sufficient but not greater than necessary." >> judge jeanine: that is exactly the point. she is looking at these cases has not meeting even the minimum sentencing. she is indicating that congress didn't tell me that i couldn't go below it so i will go below it. that is not recognizing the danger, the harm, the sickening nature what children are forced to do and forced to live with throughout their life with those photos being among child. >> dana: on this or any other

issues, it hasn't been the most fireworks that we have seen. >> jesse: this is not the brett kavanaugh hearing for sure. and if she wants to blame congress for everything, she should run for president because still, she will not be a supreme court justice. that is a cop-out, blame congress. you could have wide discretion with regards to sentencing. ted cruz held up that sheet with all of these cases of child pornography. every single case, she sentenced below the guidelines and below the prosecutors had requested. that is a pattern here that is a scary pattern because why? why would you sympathize with people who possess child pornography? when asked why, it is congress' fault that is b.s. i'm disturbed with she also sympathizes with gitmo terrorists. in one case she had to defend the guy because she was a public defender, get that peer she gets into amicus brief us among

terrorist. she chose to do that. why did she do that? you know what her answer was? she blamed her law partner. this is just an excuse making machine that joe has nominated to the highest court. i'm not that impressed. she is polished. she can definitely conduct yourself well at this hearing, but i don't know if she is a left-wing loon or mainstream media. i have no idea. these people hide their true character very, very well so you don't know what you're getting. you know when a democrat nominates a justice, that justice never swings with republicans. half of the time these republican nominees get in and they go to the left and then they go to the right. at least i guess you can say they are independent may be. but you just get hard-core stamp it left every time these people get nominated appeared so, that is probably what she is. i think we can assume that. >> greg: i was going to say

brett kavanaugh stuff a horrible taste in my mouth remembering what that was life accusing the guy not only of rape but gang rape and you ask a question about rape you are destroyed. and that is all this is. anybody that obstructs a democrat nominee is destroyed. and if you are a republican nominee, then you are destroyed. >> dana: if you think about amy coney barrett and the accusation she was going to overturn obamacare peer of the comes before her and holds on the merits and the merit is upheld. so all those things amy coney barrett went through that was unnecessary. >> greg: this was a powerful, powerful hearing. i didn't watch it. i didn't watch a single moment of it. i had no desire to. we know what happens with these

things. if you are a republican nominee, you will be accused of being a rapists but if you are a republican questioning a democrat nominate you are a racist. if you are a or racist, the worst thing republican because she was soft on crime. ouch. but should they go hard on her? i don't think so republicans suffer from gutfeld failure. they know the outcome will be something they don't want, but they will do it anyway. >> jesse: you prefer the predictable story and story telling loop, even if you end up on the losing end. we know she is getting confirmed yet we have to play our roles and waste everyone's time and set you up for failure later. i prefer to keep your power dry, right? first, i want to have a confirmation fast-forward button. we know the votes are there so i can't one of the senators push a button and say, okay we are done

already. the bottom line is we are not rolling over if you are being polite to her. it is living to fight another day. when you get an opportunity to nominate somebody this is what we did four years. now, try to do this for us. why pick a battle? why pick a battle that you know you are going to lose? you know what, it is a waste of time. let's get through this and move on to something else. >> jesse: we are asking politicians to turn down an opportunity -- >> greg: i agree with you. >> judge jeanine: there is one other thing important. she is not willing to talk about judicial philosophy but her sentencing philosophy. she was on a sentence commission for federal statutes and she said that she supports the elimination of mandatory minimum for first-time offenders who distribute child pornography. she does have a philosophy and she goes in favor of the criminals convicted of child porn. why? tell us why.

>> jessica: there will not be a winning argument against this woman. two things quickly, one i remembered no issues neil gorsuch who was confirmed highly polarized -- well, people say this is what happens but it's not just what happens. i don't know what would happen if republicans had a nominee of and received a letter. i know the process is completely terrible, congresswoman dianne feinstein, that there were nominee had been accused of sexual assault. i don't know what they would do but i would hope they would consider carefully. second point, this is how democrats or republicans were so polite, they wouldn't even see merrick garland, though an interview and hear what he was all about. >> greg: they had reason not to. what a joke, right? >> jessica: okay, but. >> dana: president biden and vladimir putin next.

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♪ ♪ >> greg: president biden issuing a new warning about vladimir putin as russia targets major residential areas at level cities. putin's back is against the wall and it was not anticipating strength of our unity. the war with his back against the wall, the greater the severity of the tactics he may employ based on involving intelligence. russia may be planning a cyber attack against us. as i said, the magnitude of cyber capacity is fairly consequential. >> greg: truly inspiring. new footage shows russian strikes hitting a factory and in mariupol and capturing how bad the destruction is getting,

jesse. what is your take with putin's response? it seems so lackadaisical. and the reference of chemical weapons, what do you make of that? >> jesse: eventually, russia will use chemical weapons... against -- >> greg: who iswriting that? that is somebody handing him a note and reading the note. it is very frustrating. >> jesse: did you hear what zelinski said over the weekend? because the united states atvs. he said we have been privately telling them and they will never be nato. >> greg: i know. >> jesse: you guys have been shot. i'm not blaming the united states or russia invading, but if you are going to show these guys leg in common, oh, it wasn't my fault, my goodness, i don't know if it was the fact we dangled the nato

in front of ukraine, the force of his hand or saw biden as a disaster in afghanistan or if maybe biden had not won the election and trump was in there, he wouldn't have done it. we are done with that now. >> greg: i'm not. i agree with everything. >> jesse: here we are, and we are funding this proxy war in europe. and putin allegedly is with his back against the wall. so he does desperate things. we can see a chemical attack. we are hearing about a massive world recession. we heard about that on the elevator. so biden is now playing a chess game. do you trust biden's game. we are a couple of chess moves away with hot war with russia were world recession. i don't trust this guy to manage the situation. he's shown no ability to manage anything from inflation, the border. and he's reading notes to what

someone handed him about what will happen next. i'm a little nervous. >> greg: jessica are you nervous. i'm nervous. >> jessica: yeah. >> greg: i'm nervous right now. >> jessica: i'm still processing a little and they nato leg. biden is having to coordinate with all the leaders of europe, who frankly have more of an opinion because they rely on russia in a different way. they live right there and we are over here. and i think he's actually done a very good job diplomatically in terms of strengthening nato and keeping everybody on the same page. >> greg: you can actually hear her eyes rolling. >> jesse: i dropped my pen. >> jessica: there has been a couple of things that happen in the last 24 hours that is meaningful. 60 miles west of kiev to raise their flag there. and we saw a report there is no

longer train tracks connecting belarus and to ukraine and that was belarusian's to stop russians which is a good thing showing allies there. now, we don't know exactly the death toll of what's going on and russian troops showed up on progress a program of 10,000. the accurate portrayal and what the russians have lost, there are little chinks in the armor falling apart here that i understand why defense officials are saying, what has russia gained in 2016? we have lost a lot of lives and that obviously matters. at the same time, there is a lot to be hopeful for. >> greg: what do you think about, judge? >> judge jeanine: i want to spin off of jesse. the ukrainians have every piece of equipment that makes rational, national defense. all biden is doing is he's in the talk stage. we have clear evidence that russia has committed war crimes

and that they can use chemical weapons. and they are prepared to do a cyber attack. they use hypersonic rockets. this has everything biden has said. so biden's conclusion there will be a new world order and we have to believe it. are you kidding? how do you get to that conclusion? what i see happening here is what jessica said. he has these little wins of ukrainian are when in fact small town. the ukrainians as far as i'm concerned are in the lead right now because first of all, putin thought he would enter ukraine and greet him like "oh, thank god he is here. he's going to save us." they want no part of him. it is different from his thinking that he's going to want it. even if he leveled the whole country of ukraine, he's not going to be able to win the country and occupy the country. so putin will not be able to win and zelenskyy it is up to to try

to say, this is what we've got to do. we will not capitulate. this is what we would do. it is all about diplomacy now. >> greg: it is interesting because zelenskyy is ready to talk. and dropping demand for full nato was there at the beginning. >> jessica: so then you have to wonder what is the real motivation. >> dana: and has anything been provocative? that will be provocative so biden had a chance to go to nato face-to-face and perhaps show a little more strength if that is what we are looking for. there is something to be said about the west and i don't know if maybe the french or the french helping but our intelligence and able to penetrate with the kremlin. we found out the mid-level generals did not know the world was about to happen when we did. so, they were something to be said about that. and also the point about him saying he could use chemical weapons. one of the strategies, this is good. the same as good now but we

don't know looking forward. we have said, he is likely to do this. he is likely to do that. on a chemical weapons point if putin does not use chemical weapons, biden said that is a deterrent. if he does use them, then you can't blame it on anybody else and say it was and what would have happen on your watch. the last thing i would say, there is a possibility the ukrainians will end up with another problem, which is too many russian and then we have another conversation. >> greg: there you go. kamala harris, speaking of crisis, just embarrassed herself again. that is just the beginning of her problems. ♪ ♪ we just haven't been properly introduced.

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vice president kamala harris mocked again for another doozy word sending out a statement. this time she was giving a speech about affordable internet access. speak with the significance of the passage of time. the significance of the passage of time. so when you think about it, there is great significance to the passage of time in terms of what we need to do to lay these liars. what we need to do to create these jobs. and there is significance to the passage of time. >> judge jeanine: to beat these problems, and a new work revealing a feud between harris and the white house with biden's communications director with missteps and toxic work environment and not that tough assignment she has been given.

okay, now, i suspect, greg, you understood that word because i didn't get it. >> greg: you know what is funny if i didn't know any better, i would think that she lasted the depths of a competent stoner. it is as if she read the transcript of a robot pretending to be high. and there is this incredible what she believes in her head to be awesome and what everybody hears, which is nonsense. she doesn't know how it's done. but she deserves credit for one thing. she lost her tenth staffer. she just completed the staff punch card, which entitles her firing of an 11th staffer at no extra cost. [laughter] >> judge jeanine: you know what, we can't have someone on the international stage, you know about the border or ukraine. the woman couldn't even answer questions.

whether or not we take refugees, jessica. >> jessica: let's just wait for my name for 30 seconds. that was, the president poll with 3 million refugees in one day and the uncomfortable laugh, a little bit of a running joke about her was definitely more upsetting to me and this passage of time a quote. there is no question there is an issue here. her popularity is low, low below joe biden's. what i have heard in defense of staffers leaving, it is not that the staffers were not qualified but a refusal to read the briefing books has completely as you should before you go out there and give these type of press conference with meeting with other officials. i feel for them here or there is a natural turnover. we all know that and not everyone is leaving because they hate it. they opportunity and campaign and et cetera. there is no question it is very

believable that biden's people and harris' people are at odds with one another. >> judge jeanine: jesse, you want to talk about biden's people and harris' people? >> jesse: i found out dr. jill doesn't like and if your wife doesn't like somebody -- code that is officially done. i made the mistake, you know you got to set things up for your spouse or your children in case, god forbid, i get stabbed by a vicious homeless man. not out of the realm of possibility. >> greg: it has happened to. >> jesse: it is about protecting the people you love in case something horribly goes wrong here joe biden is an old guy, 80 years old. and it's almost like you are doing a -- you have to protect the country, god forbid, anything happen to you. so the fact that joe biden selected kamala harris tells me

he didn't do any estate planning. he doesn't care or actually about the country as much as he should. to leave america in her hands god forbid something happened to joe, could be beyond a dereliction of duty. now come i have to assume that was a teleprompter glitch. because judge, why did she repeat the phrase six times? she has to be reading the phrase over and over again. >> judge jeanine: that is not the first time she repeated the phrase over and over. >> dana: that was not a teleprompter. >> jesse: i thought she was one, just reading what was in front of her. >> judge jeanine: you know what i think, i think joe biden did some of the state planning. she has his insurance policy. no one will get rid of joe biden because they know what they will get. by the way, impeachment proxy. >> jessica: that is

actually -- >> dana: come i think we all know what happenedd he was deciding who he wanted and e said, okay, look, she will be te best counselor for me in the middle of a big decision. she will be the best person to go out and give a great speech. now, they patched up after that debate where she basically called him a racist. that is why dr. jill biden has never forgiven her for that. and she wants to be president. and you cannot bluff your way through the vice presidency. on the speech team, you have to fill -- you have to do a seven minute speech. to try to get to that seventh minute by adding words that don't even make sense. the other thing i would like to do is say let me give her the benefit of the doubt on something as well. they set her up with three things in the recent memory that did not work out. they told her go fix voting rights. they gave her no evidence there

was voting rights problems, and the vote. they gave her admission she would fail act. on the border they gave her no policy changes to go forward with an so root causes down in central america. the third thing is they went to poland and she had deliverable. if i was chief of staff of the president, i would try to figure out what my problem is to try to help her. >> judge jeanine: the new insane idea to surge against gas prices. timber... fortunately, they were covered by progressive, so it was a happy ending... for almost everyone. on ancestry i discovered more about my

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>> jesse: a new level of climate insanity taking root while prices at the pump crush people. the international energy agency put out ridiculous ten-point plan to help reduce global oil demand. ready? some of the suggestions include going car free on sundays, traveling by train instead of flying and only allowing people to drive private cars every other day. so, greg if you want to go to san francisco, i think a trained -- >> greg: i would love to do that. imagine how pleasant i would be on amtrak across the country. and interesting people and probably get killed by them. the draconian measures, it is the sticks and the suburbs, most city folks don't need cars. none of this absurd austerity has an effect on them. so basically forcing people to look down on to solve the problems that they caused, trying to create ten-point austerity plan for people who live in the city.

no more pizza by the slice. that's costly. by it in bulk. you can only use food delivery once a week. at home the whole time. you get paid more to live in the cities. we need the salary and use that money to explore alternative. energy. we know there is more crime in the city but to save cost, we need to shut off the 911 phone service during the weekend, perhaps happy hours 4:00 until 7:00 a.m. imagine the savings, dana. >> dana: it is amazing how the administration will turn themselves into exploring for more oil and gas. it is absurd. and if you want to invest in alternative energy, you know who is doing that? the oil companies appear they have the money to do it.

look at their portfolios. they are doing that. >> jesse: they are doing that, that is what they are doing. [laughter] americans don't like austerity, a lot of us don't know what that word means. but we don't like having to reduce our freedoms in order to sacrifice for something after we have sacrificed so much over the last three years with covid. >> jessica: true. >> jesse: judge, what do you think? [laughter] >> jessica: i was watching the energy secretary and bush's former energy secretary. they had a green real deal, which they think consistence building approach to obtaining climate change. they agree climate change is man-made and all of the platform points, but they are emphasizing using natural gas capabilities and using nuclear energy to help us get to the place that we all say we want to go in 2050.

it feels like those kind of conversations where people will not take their car on sunday or whatever it is or more realistic. and i think people can decide to do those things themselves. when you hear these things with the people up on high and not living that way themselves, it aggravates people. >> jesse: what is that, the u.n. thing? >> greg: eie iao. >> jesse: they are associated with united nations? >> greg: old mcdonald. >> jesse: where they come up telling us -- >> judge jeanine: here is the thing, it is mimicking what the democrats want to do. and totalitarian instinct is strong. they got used to it and they feel bad. covid is almost over. covid is almost over and now they want to tell us what to do. here is the thing and the one that gets my attention, they want us to use a night train instead of a plane.

i can just see myself coming from chicago or a speech coming into penn station 3:00 in the morning. now, i can be a crime statistic but they will not use airplane fuel. i mean, come on, stupid. >> jesse: how do you spell that? coming up, spring break, cops looking to crack down after a surge in shootings. ♪ ♪

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♪ ♪ >> jessica: welcome back. spring break is taking over miami beach. [screaming] gunshots and crowds of people running for cover. the city is declaring a state of emergency in response to violence. the mayor is putting a midnight curfew and concert saying enough is enough. >> can fire was 10 feet away from an officer and had to dive off of his suv to get behind because he did not know where

the gun fire was coming from. that is a problem. >> jessica: most definitely a problem. >> dana: i was going to say please cover this story in 2020 because no one wanted to wear a mask. last year, the same problem. i don't know what you are if you are a city for a destination like this. i feel sorry for the police officers trying to figure it out. i know everybody wants to enjoy the great weather and freedom in florida and have a great time here this seems a little bit over the line. i do wonder if jesse will send johnny to miami for brake package. >> jesse: to get shot and spring break? if he doesn't film it, it doesn't happen. tonight on prime time, we will be doing the look back at what spring break use to look like. body shops, not actual shots and the body. real beer and cello and wet t-shirt contests. and remember mtv was involved, you know, i got them both.

now, people are shooting each other in miami. what has happened? >> jessica: that is a great show. >> greg: i was going to say usually the shots would come after spring break. but anyway, you know. it is sad. it looks like prison break and spring break. i am telling you, if there is crime, i hate crime. i would prefer it to be spring break because i won't be at spring break. it will not be in my neighborhood so thank you. >> jesse: that is such a bad thing to say. >> greg: i know. i made selfish little man. >> judge jeanine: but you are in new york city and it's like spring break every day. >> jesse: three years of crime. >> judge jeanine: the only thing that i can think of is the two people that got shot that i read about were both women. >> greg: really? >> judge jeanine: the only problem the women trip on their heels and bullets my right clavicle, give no, it is crazy

town. >> jesse: are the women the intended targets? >> judge jeanine: if they were shot, shot by a sharpshooter come i suspect they were a intended target. >> greg: i love that you do your research during the >> judge jeanine: "the five." >> greg: i watch nothing, you are right. >> jessica: "one more thing" is up next. is up next. ♪ ♪ every road in this here lan♪ ♪i've been everywhere, man.♪ ♪i've been everywhere, man.♪ ♪of travel i've had my share, man.♪ ♪i've been everywhere.♪ ♪♪ when hurting feet make you want to stop, it's dr. scholl's time. . . to give you personalized support, for all-day pain relief.

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coventry direct, redefining insurance. >> ♪ ♪ >> ♪ ♪ >> all right it's time for it "one more thing." the paperback of my book everything will be okay is on sale now. i wrote a new chapter dealing with post-covid life and work.

if you want a signed book for a loved one. go to the little points book job, it will be personalized if you order it by may 1st. i am doing a podcast with judge jeanine and we can schedule that. >> all of your plugs are little because you are little. >> got it. >> i had a nice weekend in florida. we raised money with a great group of people. russ and tracy and joe and amy who donated to it bret baier's benefit. everything goes to the children's national hospital. thank you very much for everything you contributed. we had a great time. junior there by the golf course. almost free as a bird. last night at madison garden.

i was laughing the whole night. >> let's do this. greg's how to surprise a cat part 3. nothing better than surprising a cat. i could watch this video over and over again. you place the cat in front of a toaster and you wait. >> [laughing]. >> there was no injury on the cat. the cat is fine. the cat is now in business school. it's amazing. a little bit of a shock can change somebody's life for the better. there you go. i watched that 700 times. >> jessica. >> i am not a cat person but that was very cute. >> yes, because you hate cats. >> i am also very allergic.

>> to dogs too? >> no, thank god. a california man was trapped for two days 15 feet under ground in a storm drain. he entered a 16 wide opening near san francisco for no apparent reason and could not get out or go back the way he came. by some miracle people heard him screaming and called 9-11. it took 50 firefighters who worked for hours to save him. he was very happy. don't go places you are not supposed to go. >> i could give you a few. >> [laughing]. >> i think he did that for a reason. >> running from someone. >> we don't know the reason. >> but he caunt doing it for his

health. >> can we speculate. >> my turn. i am hosting laura ingraham again at 10 p.m. eastern time. tune in. a great show can't. -- tonight. senator lindsey graham will talk about the hearing today. "one more thing" is the top ballet performers dancing for ukraine in a charity event to raise funds for ukraine. 20 of the world's top dancers performed before a packed auditorium at the london coliseum. some of the dancers have loved ones in ukraine and found it impossible to just sit by. it was called dance for ukraine gala and ballerinas from the russia, italy, u.s., france and japan participated. they raised $184,520.

everybody is upset. >> do you like the ballet? >> i do. >> do you know about jesse watters's cousin? >> he is a professional ballerina. >> in the l.a. theater. >> [overlapping talking]. >> [laughing]. >> [overlapping talking]. >> bret baier is up next. >> bret: thank you. jesse watters and emma only have 5 more dinners to do. >> wow. >> bret: good evening. i am bret baier. breaking news we are following two major stories. supreme court nominee judge ketanji brown jackson faced senators questions and democrats pushed to quickly confirm the first black female justice in the court's history. republicans say she has a history of being too