consumer behavior. we're seeing this more and more with companies reporting strong sales, stronger than expected earnings. in the case of the airlines like delta, strong demand on the part of americans who want to just get out and try to have fun. at least try. here's "the five." >> judge jeanine: hello, everyone i'm judge jeanine pirro and jerry jones, dana perino and greg gutfeld. it is 5:00 in new york city and this is "the five." president biden causing major confusion after a federal judge pulled the plug on his mask mandate for planes and trains. biden would not put up a fight over the ruling.

>> mr. president can people continue to wear masks on planes? >> that is up to them. >> judge jeanine: then just hours later his doj said it would be the pilling decision if the cdc says it is necessary to keep it in place. and the white house to mop up biden's mess? >> he was answering it quite literally and as you know we are not implementing the mask mandate because of the court order, which we disagree with appeared to be clear, we are recommending everybody wear masks on the plains. that is what the cdc is recommending and public health guidance we are following. >> judge jeanine: mean wealthy liberals are absolutely losing their minds. "new york times" columnist acting like a total crybaby and predicting violence and harassment towards mask wearers, active mandate was lifted and others are lashing out at the brave judge who struck down the

rules. >> perhaps that is the mark of an inexperienced judge but i don't think this makes legal sense. >> did it say the end of the mask mandate literally in the middle of a flight and -- this decision will single-handedly accelerate cases throughout the u.s. >> it is not only the right time but not even the right manner in which these were overturned. >> this is a legal ruling. this is not a scientific ruling. >> judge jeanine: amazing, dana. i will start with you it is legal not scientific ruling. yet it is a legal ruling based upon the law that jen psaki says we are following the cdc. what is going on? >> dana: well, okay, so, to be perfectly clear, it is like the left believes that the court mandated people not where masts. that is not what happened. as the president says commit as your personal choice.

if they do appeal of this and they get to make arguments. if i was in the case saying this mandate oversteps authority, labor do stopped, the judge says that the

cdc oversteps its boundaries and not a law that says the cdc was allowed and went too far come up yet congress wants to pass a law that president biden wants to sign it, they are perfectly and the rights to try to do that. but the other thing that is concerning about it, let's say the cdc says, everybody needs to wear the mask to the end of 2022 in the solicitor general loses. now you said a precedent that the cdc does not have authority and so little bit between a rock and a hard place. the president is caught up in this thing where he knows what the answer is. the answer is up to you. that is what he says but then he tries to back it out and now come i to do this and the solicitor general to the cdc and that is completely backwards. >> judge jeanine: geraldo, you

are an attorney. the dumbest thing i ever heard. the cdc has lost the case but aside from that if they decide to appeal and they look at those numbers right now, the cdc and scientists have to say, this is not a time we can mandate a mask. we are not an emergency. >> geraldo: this is a missed opportunity. like the recent supreme court nominee confirmation hearing. there is a chance where people could be gracious, where people could go with the flow. the president said it is up to ask. a genie is on a bottle and you can't put it back in. i'm going to court as soon as you finish broadcasting the show. should i wear a mask? you are supposed to wear a mask in the terminal in new york city ordinance. when you get on the plane were much bigger crowd and much more chance of transmission, there are no mask mandate. so there is illogic now.

biden, in my opinion, missed an opportunity to be that guy, that gracious guy and to say even though i disagree with this judge and even if this judge exceeded her authority, this is a political decision. none of that matters. americans are sick of the masks here are the masks have serve their function. maybe it is true i heard claire mccaskill say millions of people's of lives were saved by the masts. i doubt that purity may be thousands work, hundreds come i don't know. i'm not a scientist. but i do know the time of the masts have passed and it's time for america to move on. >> judge jeanine: it is amazing, joey that jen psaki said we will follow the science and you think you should keep wearing the mask but the amazing thing is you could take the mask off the present state of the union, you know? a little hypocrisy. >> dana: and a gridiron. >> joey: i'm not a scientist either, but i did fly today. so coming here, there are two

things at stake and have nothing to do with science. first, to keep government control over anything. so expect the biden administration to push the cdc's ability to tell us what we can do, but not over coronavirus. the other think joy reid is completely honest. she said, don't let the other team win or the a holes win or science but everybody has to worry about every air borne disease in the last few years we have been in this dogfight and don't let them win. that is all it is for them. at least joy reid was honest about that. >> judge jeanine: you know, greg, paul saying now we can expect violence towards those over the mask wearers. and the amazing part of that is this is the same that predicted the stock market would crash and never recover if donald trump was elected president. this guy won a nobel prize.

the three i'm afraid he is right. last night, i had gone out to get something to eat in my masks and two guys in red hats... [laughter] white men in trump hats stop me and said this is maga country. so he signaled a new era. i mentioned this before, they don't know what they are doing but they were creating a new identity class which is the mask. and they will also be the victim class here that is what he is talking about. make way for them being penalized, marginalized and smeared and perhaps attacked. general identity politics you have women, nonbinary, disabled but now he has anointed masks as identity markers like e job, e jab, i apologize if i got it wrong. >> we know what you mean. >> greg: the victims of those in power, then it is kind of interesting because it is like

islamic countries cripple lies not wearing coverings? meaning if you didn't wear a burqa you would be beaten or arrested. the left in america defended the right for women to wear the burqa. when that wasn't the problem, no one was saying don't wear it. they were stating wear it. so what you are seeing right now, you are actually saying my god, these are people telling you not to wear masks when it is your right to wear the mask. just like that when in fact no, no, no, no. it's not. you are creating an identity class that is now going to be worried about components of this. now, does that mean we will have hate crimes? legislation for the mask? if i choose to wear the mask will i be appropriating the mask where her? elizabeth warren said she's 50% mask and segregate the mask from the unmasked and will it be affirmative action?

identify a group and identify as -- talk about the oppressor. it is insane. >> joey: when everybody is forced to wear a mask, they are not singled out. like a mask religion appearance before a ban on i will return everyone to normal. six months to midterm let me think about it. >> greg: it is insanity. >> judge jeanine: coming up after chaos at the border president biden is trying to save face, but will it work? ♪ ♪ your spirit is stronger than your highs and lows. your creativity can outshine any bad day. because you are greater than your bipolar i, and you can help take control of your symptoms - and ask about vraylar. some medicines only treat the lows or highs. once-daily vraylar is proven to treat depressive, acute manic, and mixed episodes of bipolar i in adults.

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>> joey: they shut down my... >> greg: president biden having second thoughts on the trump arab border policies only after democrats were bolted and started siding with republicans. revolting democrats. biden is thinking about delaying his repeal of title 42, which has blocked 42 million people from entering the country illegally. the governors are trying to clean up this mess by launching a order strike force so maybe they are forgetting that biden already has his own. >> does the president still have confidence that vice president can get to the bottom of root causes of migration? >> he absolutely does and is grateful for the work and doing exactly that. >> why? >> why does he have confidence? should i give you an update on a couple of things we have done a question mark >> greg: there is no update, judge. what kind of update the root causes it is worse than ever now. >> judge jeanine: she did, it

is what we have been doing every day. >> greg: and space, space connects all of us. >> joey: final frontier. >> judge jeanine: there is absolutely nothing she has found out about root causes. she hasn't really been to the border, the real border of what is going on. that is why you have the republicans looking to unveil their own strike force or whatever they want to call it peer to combat the gang and share intelligence, do what law enforcement does which is assist each other. kudos to greg abbott and jim to santos. let's start moving the border to those cities that have no idea what is going on at the border and by the way, those democrats, those democrat senators, they are not doing it because all of a sudden, gee, they are violating the law and we are conspirators and accessories and violating the law. they know they will get their voted out of office because they

were not supporting the american people. >> greg: to good points there but the judge mentioned about making the immigration problems a visual one by bringing the border on a road trip. that is wokey. >> what route the border to attention was drawn spirit and you could actually see the crossing all day long of the rio grande. >> greg: that was never shown on other networks though. >> geraldo: welcome i think the picture in the visual has gotten out and i do believe immigration will be a big issue, not nearly the biggest and not nearly as big as inflation at that dubious distinction but might problem with title 42 is simple. we are saying that the disease has run its course or simply. no hospitalizations are down and people are not dying. the era of covid is ending hence

the no mask. if it is over, title 42 is a health provision to protect us from spreading the disease. so why don't you just call it what it is? it is an effective way to reduce the migration that illegal migration of single males. that is what it is. why don't you make it an ordinance or a law or a rule, but don't hide it under the disguise of being health related ordinance. call it whatever. call it single males go home or where is mexico to help us. >> joey: single males to go home, that is on a military basis. but anyway, something that you will let me talk male. >> greg: of course. >> joey: title 42 i agree with you. all the republicans to keep title 42 is a cowards way out. listen you have to tackle this problem legitimately and using the power from our government and that manipulative way will

never support the business policy. at the end of the day, what they should do is absolutely at title 42 stand and every bit of the problem hang it on the democrats next for the next two elections. >> 78% hispanic inside the city limits and i understand this problem here at the border on people's minds, in towns where georgia it is a problem where my sisters illegal immigrant never got a license. my uncle has been a drunk immigrant out of a car that t-boned a lady that plays the organ in my church. i'm not saying they are terrible people. but you can't come here and live in the shadows in such a way you don't have the option to understand the laws in which you are supposed to abide. everyone is being cheated including the immigrants and not just about single males. when you pile a classroom with 20 kids who have been here for 10 minutes and can't speak our language were not enough teachers to get them through come all the other kids are suffering and those kids are suffering. it is about the integrity of the problem.

this little cheap way of putting a band-aid on a tourniquet problem is not what we should allow our electives. >> geraldo: i am proud you took that position but didn't you tell me how safe your hometown is and you don't lock your car? >> joey: my hometown is two hours away. it is safe. >> geraldo: but to bring down crime. >> greg: joey's arm is safe because he is armed and he has arsenal bigger than most militia. >> joey: you don't bring down crime to have pencils for people that don't have a lot of in which crime is regulated. >> judge jeanine: for those vetted, you don't know who among them has -- [overlapping voices] >> greg: the judge made a second point. surprising, to go in a good points. >> judge jeanine: thank you, greg. >> greg: she was talking it didn't change among the democrats until political fallout. and you remember the kids in

cages didn't exist when obama was in office but then when trump was in office but then they didn't exist again when biden was in office according to the media. so describe this immigration crisis is a sneaky problem and watching it it kind of snuck up on them. >> dana: remember when you said it is an early warning for democrats? i mean, how could you miss it? but they are not missing it. you know when you have had to-do list and there is that one item that you never really want to deal with, so you copied over to the next day? immigration has become that for the administration. they know it is their biggest most difficult problem and every day they are like, maybe tomorrow we will work on that. >> greg: that is a good fan mail friday question. >> dana: maybe we should use that. but when fit democrat started bailing on president biden, then he had no choice. because now come up what you were saying in terms of the politics, he's been in this

powerful position. he knows he has all the democrats that will start to move away, usually midterm year, that happens in the present is in trouble but that happens in april. and they have to figure out how to deal with it. and title 42 you can actually do something about the border. that is also an option but it is the last thing on the to-do list. >> joey: could he ever get bipartisan support ever? >> dana: did he try? spewing all the training i have seen... >> dana: republicans have an idea but they don't like those ideas. >> greg: exactly. >> joey: >> greg: we have got to move on. anarchy and liberal cities could be coming to your town. we will explain all of it next. look at that. ♪ ♪ this is... ♪♪ this is iowa.

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>> geraldo: woke radical prosecutors unleashing energy in the big liberal cities, as you know where that trend may come to a town near you after new york, san francisco, l.a. et cetera assault on crime with prosecutors to disastrous results. a new prop of hard left advocates reportedly aiming to take top district attorney's offices in states as wide-ranging as arkansas, oregon, nebraska. some of the new crew have limited or no prosecutorial experience. here is what you can expect if they do take over your d.a.'s office. for a convicted murderer, this is terrific who did not suspect he was being taped bowing to get l.a.'s hard left district attorney george gascon's name tattooed on his face. >> they are going to drop a gang like gong enhancement, my gang

enhancement ten years for being a gang member. and then the gun and the commissioner [bleep]. i will get his name on my face. i'm just grateful he would good news of that [bleep]. at least now i know. you are coming home. >> geraldo: gang murder coming home. what do you think about somebody getting a name tattooed on their face and so enamored of the d.a.? >> judge jeanine: i wish i were the tattoo artist. [laughter] look, this guy is so happy that gascon dropped the gang enhancement, and using a gun and crime enhancement. this is disgusting. this is being funded by george george soros. he is trying to destroy america in terms of law and order. this new gang is coming in with no prosecutorial experience and

doesn't understand crime and has no experience. and remember maryland mosby who was in the freddie gray case in baltimore? it is a homicide, it is a homicide and 24 hours indicted on the copse of murder and a liquid a black jury, black judge, black prosecutor black defense attorney have these people coming up the blacks, that is not what i'm talking about. you couldn't claim it was racism here and leaving that alone. these prosecutors have no idea what side they are on. they believe the criminal is the one who is wrong. the criminal didn't have the opportunity to do well. and i was going to say some of the cases, they are saying, the only reason this guy was sent to jail because he didn't have an opportunity to get any kind of treatment or how he manages anger appear that is hogwash. if you want to live in a civilized society, there are rules. if you don't want to listen to him go to jail, that simple. >> geraldo: and gascon, bragg,

they were all elected here in san francisco. don't the voters have responsibility here? >> greg: i don't think the voters pay attention. i think a lot of us were wrong about the spread of localism. without that like, wait until these idiots leave law school and get hit by the real world. how will they get jobs? well, they all work at disney, law firms from a city government most corporations. they got hired. the corporations are essentially hiring the poison pill for their corporations. gascon just got the bad housekeeping seal of approval. he got honorary it mission into a gang without having to kill anybody. he just let the other people kill, which is great for the next victim who can look up and see the face of the assailant and go "oh, it is gascon who did it." it is honest advertising. >> geraldo: but on the other hand, joey, they'll reform is

fairness. why should a poor person have to stay in jail pretrial while a rich person can bail out? >> joey: please. maybe don't commit crimes and you won't be held in jail? there is that side. one of the bigger divides in our country. partisanship is how you live and where you live and how you explain its life. if you live in a city at 7 million people and everybody is on top of each other, this matters more than rule county in georgia where i live. but everybody needs to pay attention to local elections because those people have more power than the federal government or anybody else does. if we do, we gloss over them and get excited about trump. i couldn't tell you who the district attorney is in my area because i don't get in trouble. >> judge jeanine: maybe you ought to learn so you can support him or her. >> joey: learnt to get in trouble? oh, you mean... b5 know, to support them. >> geraldo: but deena, that is a dark corner, obscure corner of the electoral process.

the d.a., you don't typically swing your vote. typically if you are voting in the election, you will vote party line's >> dana: that will change. for example, we just saw arkansas and nebraska are the states they are targeting so okay once again, here we are to let you know this is happening and support good people here that might mean also throw your own hat in the ring and running for example like janine did back in the day. >> geraldo: and why did you make that decision? >> judge jeanine: i don't want to go back to when i was a kid but i believed in protecting the innocent, the victim, the person who never was asked to be a part of the criminal justice system. >> geraldo: that is your nemesis that you hated his or her... >> judge jeanine: i never met ada that i hated. >> geraldo: it is a relatively new concept. das is an empty jail. coming up "washington post" with heavy pirate trying to cancel popular twitter account.

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♪ ♪ >> dana: so standing by a reporter exposing the person behind the popular social media account and tiktok and already posted videos of talking about themselves. the person behind it was trying to remain anonymous about her personal identity but it got revealed an article published by taylor lorenz. the woman behind the post will not back down. >> i think that what i am doing is very effective. and i think a lot of people wanted to shut me down here they wanted to intimidate me into silence. unfortunately for them, that is never going to happen appearance before as critics point out taylor lorenz has been critical

of online bowling. >> i had severe ptsd from this. if you like any little piece of information that gets out on you gets used by the worst people on the internet to destroy your life. >> dana: she says she has severe ptsd from the internet bowling. >> joey: listen they can have it here they can have that monica and that title. really, what this comes down to is a little bit of professional fragility. this idea it happens to me. it is the end of the world but i can do it to you because i believe my thoughts so much so that i can do this to you and you deserve it. you deserve it. it is all about virtue and their own version of reality. listen, this entire twitter account is really someone posting videos of people saying things that they thought would stay in their own little thoughts. the idea when they are being honest that that could get out

to an account that pump set out to conservatives who might disagree with them, that is terrifying. they probably do and are all scared to death at the things they are saying is ridiculous and harmful appearance before you post a video on tiktok and a lot of people look at it. >> greg: it is actually curated in the content is left untouched. but this is about to lorenz new york reporter and a dishonest person who would unfairly dock people and accuse people falsely of saying racist things. when you claim victim status based on bullying behavior that you yourself engage in and then you try to get sympathy, the weeping doesn't work. it actually makes you look very smollett and you live by the sword you die by it. and the council culture, she works by cancel culture and she will be destroyed by it. her career was based on people catching bad things. she works in social media and she actually kept a list of people who would say problematic

things. and again, she got it wrong. what happens? you should be fired but instead she gets another job at "the washington post." you can sail up as a left-winger. i think "the washington post" has a responsibility to assess the mental health of this woman because anybody that cries bullying nature and then a week later or two does the same thing, something is off. i think "the washington post" instead of defending her should be helping her out. >> geraldo: why did taylor lorenz not reveal the identity? the lives of tiktok be a secret? if you play in that arena why can't we know who you are? >> greg: i'm not that -- the thing is she doesn't create those videos, you realize that, she is just weeding them. >> joey: but what you have to give it a secret? >> greg: don't you believe journalists should -- >> joey: but they reveal their byline. >> greg: when you have a

powerful media conglomerate, "washington post" and you are going after some real estate agent in brooklyn, there is something wrong with you. there was something wrong with you. you should be speaking truth to power. you are supposed to be finding that big story. you have big stories everywhere. she is chasing down some lady who was putting up videos going check this stuff out. >> dana: they avoided the hunter biden story. remember the reporter for the columnist from "the atlantic?" >> greg: this is so when the mic interesting, the let's trash this person but the worst thing about it geraldo, i accept your point. she claims victimhood for it happening to her and she's empowered. then, she goes after somebody that is not in power and it's okay. it the hypocrisy come i guess. >> geraldo: i got it. >> dana: what do you think, judge? you make the call. you rule on this.

>> judge jeanine: it took me a long time to understand what was going on. but what i can tell you is this: those crocodile tears do not move me one bit. you lie with dogs and you end up with fleas. >> greg: you have three dogs. [laughter] >> judge jeanine: i don't lie with my dog. but i think it's a little over the top but it is typical of someone on the left who is saying, you know i'm the victim, i'm going to cry. i have post traumatic stress disorder. we are sitting at a table with a real hero to have post traumatic stress syndrome. >> greg: thank you. >> judge jeanine: it's not you. and this woman is crying? give me a break. grow up and do something. don't get too angry about it. >> dana: and that is all she has to say. up next, testimony from johnny depp and multi-million-dollar defamation trial against his ex-wife amber heard. ♪ ♪

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♪ ♪ >> joey: for defamation trial

that has america buzzing. in testimony in his $50 million lawsuit against ex-wife amber heard. the actor claims she defamed him after op-ed about domestic violence, but that was not named in it. he is back on this dancing she was the aggressor in making a shocking allegation. >> my hand is on the edge of the bar and leaning over with fingers like that and she threw the large bottle, and it made contact and shattered everywhere. and then, i looked down and realized that the tip of my finger had been severed. >> joey: you know, greg when i lost my finger it was not near as big of a story.

just kind of start here, why do americans care about that stuff? why are we glued to the tv when someone's marriage is falling apart? >> greg: i will speak for myself and i am a hypocrite. as we are watching tv, turmoil, you know it is not news of a plane that landed safely. and marriages have often crashed or they aren't pretty. and people that were once in love and he looks like he should be selling for worries and you just stare at her and i don't know. but i think, judge, it sounds like she beat on him, right? that is what i know so far. i've been watching it closely as i should. and i apologize to americans. [laughter] >> joey: tune in. i watched today, and i don't know, it sounds like pretty terrible people.

but i tend to believe a lot about what he said the abuse she levied towards him here that doesn't mean he was an abusive towards her. >> dana: we haven't heard her testimony yet and it's been a long day of testimony. i did feel a little weird like i was watching somebody's marriage counseling and confessions, you know my didn't watch a lot of it. >> greg: who does this help out of either of them? >> joey: maybe it's the only thing left and that's the point. i couldn't believe it's more about johnny depp getting his version of the story out to the public then winning the $50 million. this his last attempt to revive this. >> geraldo: he should grab this last chance he has because his career has been wrecked by these allegations. nobody wants to hire a wife beater. so i think it is bold for his counsel to put him on because he will be cross-examined at some point, although the defense attorneys have been pretty --

amber heard's defense attorneys have been silence in terms of objectives. but he made a pretty effective story. the celebrity car wreck we can't take our eyes off of. this is absolutely testimony evidence that my thesis is right. never envy anybody. he has johnny depp, amber heard, beautiful people with lots of money. hollywood this and that. that is the lifestyle and look at their lives. >> joey: there was a position through all of this and these are regular addictions, marital problems, alcoholism and so i went to my private island to do my rehab. then everybody checked out come okay. judge, it seems like johnny depp's lawyers have a difficult task because it's not just proving that she beat him up or proving he didn't beat her up but also proving this op ed specifically pointed him out and damaged his career.

>> judge jeanine: okay, very simple this is a defamation case. she claimed in an op ed she was a victim of domestic violence. domestic violence occurs you were being beaten by someone who is a spouse or live-in lover. her spouse is johnny depp and he suffered damages of this op ed no question about it. he legitimately suffered. she is counter suing because he defended himself by saying it is a hoax. as it relates to the two of them, this lawyer has been phenomenal, his lawyer, and bringing out his background. most -- i did this, this is my thing when i was a prosecutor. and i started one of the first domestic violence abuse cases in the country. so what happens as many partners end up marrying someone like their parent. he describes his mother a someone who suffered from depression, who use drugs and every time he did it, there was a reference to amber in terms of think she did, which were like the things his mother did. he loved his mother and he would never hurt his mother just like

he would never hurt her. now, we haven't heard her side of the story yet. but objectively speaking, the man was injured. there were witnesses that talked about her chasing him in her nightgown and police was called 3:00 in the morning to get away from her. she was fearful of abandonment. he has made out a case as far as i'm concerned. now, the burden of proof is on him. she may come out and say he bettered me. she better have witnesses like she does police reports, like she does a medical evidence like he does or else he wins. >> joey: apparently one of the witnesses might be elon musk. and dan franco. all right, "one more thing" is up next. ♪ ♪ - two - when the national debt was larger than gross domestic product?

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>> judge jeanine: it's time now for one more thing. geraldo, did you go. >> geraldo: you know, this is the latest edition of geraldo's geraldo's news about geraldo. you know how i like talking about mayan anniversaries. flashback 36 years tomorrow to the highest it it. >> we began opening this vault two hours ago we this no idea what we would find inside. as it turns out we haven't found very much at least not yet. >> dana: i was watching geraldo. >> geraldo: you and everybody else. 16 countries. so humiliated. the only thing in the vault was jobs. i had 22 job offers the next day. >> judge jeanine: good. all right. >> greg: and governor abbott you call grandstanding. [laughter] >> greg: i have rob long, kat and tyrus. going to be a great show.

going to talk about the elevator incident. let's do this, huh? ♪ animals are great ♪ animals are great ♪ animals are great ♪ ♪ gut gust what the hell is going on? [laughter] ♪ >> geraldo: good thing we are not out on broadway. >> greg: i don't even know -- >> judge jeanine: go ahead, greg. >> geraldo: should we call in technical help? >> greg: no musical parks for pets. all you quote to do set up a carousel for birds. pay a cover charge. think about an amusement park for pets. >> dana: what happens if you turn it up faster? >> greg: i would do that with disney and buy it and turn it into an amusement park for pets.

>> judge jeanine: sorry about that. we all wish there were dogs that lived over to. oldest living dog toby keith 21-year-old chihuahua, usually chihuahuas have a lifespan of 12 to 18 years. toby keith's owner feels lucky to have him in her life for two decades. a bath, pedicure and a ride in the car. tonight for "jesse watters primetime" i will be hosting and sitting where jesse watters sits. >> dana: i will go super fast so joey can get if there. two strangers jumped into action border collie struggling to get out of a weed-filled lake. and went back and got inflatable pool tools and floated on in there and got the pup to bring him home. dog's name was jackson reunited with very grateful owners. quick thinking. a lot of weed. >> joey: last monday, a first grade teacher was in the

classroom when the mother surprised her by stopping by. here we go. look at this. 11 months in iraq and syria. her daughter was a teacher. she stuck around and read books to the kids. school was in on it. i love these videos. >> dana: can't get enough of them. >> judge jeanine: i love them, too. that's it for us. "special report" is up next and bret baier is going to come on in a second. >> bret: i am in one second. and here i am. port of l.a., very windy here, judge. all right. breaking news this moment. the centers for disease control, the cdc saying that they are in fact recommending that the mandate for masks for transportation continue. meaning that they are telling the department of justice yes, go forward with challenging that federal judge ruling from florida. so that is where w