in the senate judiciary committee chuck grassley will be joining neil cavuto live. you might have noticed the stock market doesn't feel like there's any real crisis here, which is interesting. really big week and big daybreak for stocks. now "the five" is next. ♪ ♪ >> hello, everyone, and dana perino, 5:00 new york city, this is "the five." ♪ ♪ the federal judge in florida releasing a warrant from the unprecedented grade and trump's florida home. the former president is potentially being investigated for obstruction of justice in violation of the espionage act. the agents took 11 sets of classified records, president trump's responding

saying he declassified all those documents. in reaction and a second let's go to david spunt, there is a lot of new since then. >> a lot of news and we've been on tv and we will continue to do so. check with the department of justice, no further comment from the doj after merrick garland's comments were he announced he was behind an order of the application the search warrant in mar-a-lago. this is the search and seizure warrant released today and the federal search and seizure warrant for mar-a-lago. i want to put up a graphic that shows you some of the highlights of what was confiscated by the fbi at the raid monday at mar-a-lago. four sets of top-secret documents, three sets of secret documents, four sets of confidential documents, and executive grant of clemency to roger stone, one of the president's longtime associates unspecified binders of photos. we got this list right here, a

receipt for property that explains other things like pictures, binders, some other boxes taken but what we don't have an we've been saying and all over again and can't say enough is we don't have the affidavit. it would be longer and a significant amount of more information. that's what we want to see because i would be the probable cause for why the fbi went to mar-a-lago in the first place. >> dana: david spunt, thank you so much. the issue of probable cause is something i'm thinking about earlier because we talked about the search warrant affidavits but if it's about classified documents, then maybe we will never know because the president declassified them. are they available to look at? >> it's a number of issues and you brought up one of them is that the president the ultimate authority on what's classified and nod. there is a procedure, but let's be clear, it's unprecedented and we've never seen anything like

this in american history. you better produce cookies and i've done many of these. i've been a federal agent for 20 years. weren't so fancy and we rode it out but i'm looking at this year and okay, you're about to burn down the constitutional republic like a loser and the attorney general office. what is he producing there? of the russian nuclear codes? don't see that. united states nuclear codes? is this a file on where amelia earhart -- i don't see any of that. all i see is may be some classified documents because we don't know if they were declassified or not and i say okay, he had something he shouldn't have and there's a process, this same process with every other president. merrick garland wants to burn the republic down and infuriate 100 plus americans over a leather bound box of documents and what is this? anchorman? a collection of leather bound books and find cologne?

i'm not a comedian. but this is it, you're going to burn the country down over what? this? you better produce something. >> dana: one of the things is like a box of documents. i don't know if we'll actually see the box until they decide to make it. >> greg: i have to disagree with dan, this is bigger than watergate. bigger than 9/11, vietnam, the cancellation of the facts of life's. if he went home with extremely sensitive material and won't give them back in the lake -- why do you think you would do this? do you think he's planning on selling the secrets to russia or going to build his own missile? he's really got the bunkers, it's a golf course joke. but this doesn't sound at all hysterical. if it's not an affidavit, i coined the phrase. you can't take anything

seriously when it sounds like every hoax that had come before. the hoax thing is like it starts off with a big fireball and then going to cook him a text, take on twitter. the walls are closing in. and then as it goes away it, suddenly media has to turn on the supporters and say they are dangerous. i heard and on the network. these three words preface every single story that turned out not true. if it's true, this could bring him down. to your point, this is going to be about process, it's going to be the most boring thing ever a he said, she said about paperwork. the dullest violation -- it's another process crime. administrative goof. he didn't follow the process because he thought is the process. meanwhile, all you're left with is merrick garland looking like a depressed will cartoon and

donald trump absorbs all the energy. he decides i'm going to run again and is going to use all the energy to win or maybe he won't. the guys coming out on top right now is him because this is hilarious. >> some concessions about how do you prove intent. we don't know hardly anything but he used to work at the doj, how to prove intent. >> you do not have the mental state evidence to prove that there was intent. you have to be able to show that the president himself has the intent to take and keep and refused to give back classified material. that doesn't include whether he designated or declassified, it's whether or not he had the intention and overt acts by the president, the fact of the theory that he had the intention to commit a crime. we don't have any of that. >> since monday night we don't have any of that, a search

warrant and dan pointed out it's pretty big. >> i'll point you to attachment b paragraph c. any government or presidential records created between january 20th, 2017 and january 20th 2021, that's every record created during the entire presidency. andy mccarthy texted me about this and he said that's not evidence of a crime at all. it's not much less a crime of mishandling classified information, it's evidence of a presidential records act violation and that's not a criminal statute. these search warrants are supposed to be about evidence of crime. but this warrant allows them to take every shred of paper related to trump's presidency whether or not it's classified to connect information. roughly 30 fbi agents should

have been carrying rods and reels and buckets of bait given what they are going in to mar-a-lago looking for. and he said over over again, the wind now is the january 6th investigation within the justice department. period, end of statement to muffle the wine now why now, why they executedthe cr his phone. congressman perry was the one who introduced the environmental lawyer to the justice department to president trump. john easement -- and not john, jeffrey clark. they all had search warrants executed on them in june. jeffrey clark i believe was pulled out of his house. in pajamas when they were searching him. if you have subpoenas now,

search warrants, search warrant, subpoena, subpoena, scott perry, the phone, now this. this is -- they are the garbage men. they are collecting evidence to funnel to the department of justice to support the january 6th investigation. and he said that all along and that one little paragraph seems to indicate that. they take anything. >> dana: jessica? >> jessica: all of trump's talking points have exploded in his face, whether on something he released on the true social or the people he had dispersed all over television to proliferate his lines including his own children saying he didn't get a copy of the warrant, the attorney confirmed it on other networks. they had the warrant there. he said president obama -- president obama did this too.

he took the nuke materials out of his back pocket -- not true. president obama fulfilled protocol 30 million documents went through them to chicago following protocol. respect for the law in the way things are done. it is to mind glowingly arrogant i think to sit here and say i know exactly what's going on and to call the attorney general of the united states of america a loser, i think that's the word that you used. >> dan: he's a great loser. actual loser. >> jessica: i know losers in my life, and merrick garland -- >> dan: he sprinted down the constitutional republic targeting and you don't know what's in there either. >> jessica: but i can at least say i know -- >> dan: i can tell you about the hunter biden laptop. actual pictures of him with smoking crack. the pearl clutching about how he was a standard and paragon of

justice on the democrats red beard and hillary clinton -- >> jessica: here we go, oh, my god. 9 minutes and, hillary clinton. >> dan: the democratic party as paragons -- >> jessica: i sat there and listen to you. let me finish. okay, the point here -- okay. the point here is that the former president has no respect for the rule of law and he shone this over and over again. he called brad raffensperger, he wanted to stop the account in arizona and continue in pennsylvania. we saw what happened on generator six where he wanted mike pence to decertify an american election. he wanted your your votes not to count. refusing to comply with the rules that every president had

to comply with. he did not comply. no, i'm not! >> dan: he actually met with them. >> jessica: and then after that james who was the agent involved with this -- >> dana: it was six weeks since the end of june. >> dagen: if it was so urgent -- >> jessica: was there a subpoena ignored by the burisma? >> dagen: they had conversations after the subpoena you don't know if they complied or not. >> greg: this week has been so much fun with this story because no one's getting hurt and it's about paperwork! >> jessica: actually the fbi agents in cincinnati -- >> dan: the guy was shot dead. >> greg: you know what i meant, jessica, don't throw that.

>> jessica: i didn't hear trump condemn it. a little bit smaller. >> greg: don't ever do that to a guy. >> dana: much more to come on the breaking news of this release of the fbi's warrant, there is a big battle over whether trump declassified the document. ♪ ♪ it's dr. scholl's time. our custom fit orthotics use foot mapping technology to give you personalized support, for all-day pain relief. find your relief in store or online. my mental health was much better.

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>> a judge released the fbi search warrant on trump's home. fbi agents took 20 boxes of items included some marked as

top-secret, a battle going on whether trump declassified the documents first. take a listen. >> we don't know if the material was identified in the affidavit or simply discovered in the course of the search. president trump had the ultimate declassification authority, but the authority ended when he was no longer president. >> i'd be interested to know how they are going to prove it's classified. i'm sure it's classified at one point but we've never litigated this before. >> it's a question of fact here about whether president trump declassified it or not when he still had the power to do that. >> i think the be if everybody has with this is that there is a hierarchy, you've got hillary clinton case and remember when she said there is a c on the document. she played stupid. what does it mean? she had no idea and then trump,

you get a raid. >> greg: we should do a show just called we don't know and that way we don't have to keep -- thank you for telegraphing my joke. but we have to start everything with like we don't know. but we know is that this is a case of whataboutism works. the real-time communication and a server in a bathroom from the secretary of state while she was communicating with russia and it ends up on anthony's laptop among other things. he then uses to serve the web for god knows white. that's lead by. and you've got think about afghanistan , what about the stuff left behind in afghanistan? was some of the classified? we left it with the worst enemy, it's the taliban, jessica.

but the fact is consider all the technology and the helicopters, documents, computers, maybe a lot of it was destroyed. there are $7 billion worth of gear that we know was not conducted well. i really don't know how much classified material was lost then. in this case, the one aboutism is thoroughly valid because it's the context that makes this so laughable that 12 boxes of what is related to something that might be nuclear? what does that mean? is it a note to kim jong un saying i had a great time? >> dan: when people say that's what aboutism, i say you're right. the standard of so-called justice applies to one party and not others, your argument is yes, this is correct? no, i'm not going to eat it. >> dana: hillary clinton -- i

forgot that she didn't know what the c men. the sandy berger one for me, you've got the national security advisor go to the archives and do some researe documents, and ends up with probation and a fine. his house was never rated and may be because he cooperated, i don't know. the other thing -- let me make two other points. let's say there is a nuclear document. let me make two points. i have fbi clearance, you probably did too. you go to an fbi briefing, there is not a lot of paperwork passed out. if it is, it's collected and everybody takes it back. i don't know how you would even have an fbi document to put in a box. i don't understand that. also, if it's something to do with nuclear stuff, why would that be declassified? it's a letter that says, hey, great time.

don't do that little rocket man. if you do it, i'll stop calling you that. i understand classifying that is fine, but that she is the other thing, we may never know. last point i'll make is the presidential record came in after watergate. then we've got an invention called email and the internet. we have tens of thousand documents, and now we've got tens of millions of documents. it's all emails, everything thing you ever he did while were there another text messages that are presidential documents. we've never litigated this. if a president declassified something on nuclear weapons or capabilities or resources or locations, he could do that. but there is a process that's never been tested in court. what's the cia director going to say? to the allies get a say? none of it has been tested yet. >> dan: which is why we

shouldn't jump the gun. it's definitely 100% whataboutism. i don't understand how they don't see it through our eyes. i can see your perspective, i get it. how do you not see that hillary clinton literally didn't have an email with the state department, was uncomfortable unquestionably emailing. when you see how we are annoyed that this is now a major deal where they have a raid? you don't get that? >> i get it, i've spent plenty of time with people who share your worldview and i'm pretty st this point and i'm good at saying it's not one to be like this, it's going to be like this. that's important and we should spend more time talking to people who don't share our own worldview. that i miss the point of american history where hillary clinton was present in the united states of america after she had sent classified information on a server and went

on a beautiful four year term and whatever else. she lost the election because of an fbi investigation 11 days before a presidential election jim comey head of the fbi came out and said that they had reopened a year-long investigation because there's new information that ended up being a dog. then he has to come out and say that. and then he had to eat you know what for the last six years because everybody hates him because he did that because he violated protocol coming out and commenting on an ongoing fbi investigation, which by the way christopher wray, trump appointee and merrick garland both did not do until they are handed by trump. hillary clinton has been investigated by the fbi by the senate republican run senate committee who both found that her server was never hacked by a foreign entity.

>> dan: i actually have a sword. before i have a sore like every senate republican who would have loved then why did senate republicans who had say on the list of things that they hate have hillary clinton like way up high. they've set it out loud if that's what they found. i get it and when that happened, i said she absolutely should not have been doing things by the book on this, but they are not comparable and for you to act like she won any of this, she lost the biggest election there is. >> dan: i don't remember the search warrant on hillary's house. and >> jessica: may be because she didn't refuse to comply? >> dagen: the department of justice treated hillary clinton with not just kid love, they called -- coddled her like a baby. her answers were so ridiculous,

she should have been charged with making false statements. a reminder, martha stewart went to prison for five months for doing that very thing. there's only one thing that matters in this, what you got? give it to me. it better be big, supersized, like jupiter sized information for you to crush a standard that stood in this country for more than two centuries, more than 230. jess, i understand that the left and democrats don't like trump, but i don't understand how you aren't more upset about an fbi run by chris wray and justice department run by merrick garland that defrauded and deceived all american people with the russia collusion fraud, the dossier, lying repeatedly to spy on an american citizen when the fisa court itself called out

the fbi. that inspector general horowitz at the justice department called out the fbis malfeasance. put up or shut up, if you found something, charge the president. he could pull a jim comey, he doesn't have the authority to do it, but technically he's got the power to do it. when the evidence seized remain sealed until it's introduced as part of a criminal proceeding, but he can step up and say this is what we've got. this is what we've got on trump -- that's all that matters on all of this and they won't do it because again, they're looking for january 6th. >> dan: let me say in closing, hillary didn't comply when they smashed blackberries with hammers. i want to put that in there. hammers, they smash them with hammers, that's not complying. up next, the fbi trump warrant

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♪ ♪ >> dana: the federal judge releasing the warrant of the raid on former president trump's home in florida, the attorney general speaking vaguely about it yesterday and so far the white house says crickets remain radio silence. the presidents vacationing at the beach but republicans say it's time for biden to speak up. >> he knew about it in advance and signed off. it did president biden know about a hit the advance? you'll not answer the question and it breeds a lot of distrusting questions about who's calling the shots here.

>> dana: all speak up, at this point you could say the attorney general is speaking for them. i understand a desire on behalf of joe biden to say i'm going to keep clear of this and the justice department is independent. but we know it's not exactly true because you're the commander in chief, the head of the executive branch and the justice department is a part of the executive branch. to me, i think it's kind of crazy for them to say they didn't inform the president. why don't we have the answer that you tell the white house counsel's office? and has to do with nuclear documents as you say, then shut the national security advisor should have been made aware of this? and secretary of state, the justice department did it on their own but merrick garland said i signed it. he could have done it monday night and the other thing is -- i've been thinking about this. and the president said they are cooperating and the justice department said they work lot on

my cooperatin. but monday until they told us about the raid nobody knew about it and apparently they got what they said they were going to get. well okay, are we good here? you've got the documents. shouldn't have taken them but okay, fine. unless you will come forward with probable cause, proof of intent, search warrants that lead to some sort of charges, then the president absolutely. >> dagen: greg, i want you to take a look at this. >> greg: you should go to a doctor, yeah. >> dagen: i did that with someone earlier today who shall remain nameless. one of the ex-cia directors who signed the letter, you know about hunter biden's laptop interference in 2020, carried executed for handing secrets

over to the soviet union. he saying he's comparing trump, sounds about right. >> greg: the original tweets, it was michael, it's amazing -- she's like a prominent historian, correct? it's amazing how one tweet can make a prominent historian look like a feeble amateur hot take king. this is so sad, like he's implying that donald trump really needs the money. i've got to sell nuclear secrets to russia, and it's also amazing how the trump phenomenon has created such an emotional rupture in individuals. these people weren't always like that, like general hayden was probably a normal guy, but now it's like -- it's been two years now and they're still a problem in their brain. their living in this outside, emotional obsession and they can't see how far they've gone

down the anti-trump rabbit hole. it's so dark in there and it actually turns into -- i've seen this happen to people who work at fox, they become actual stockers. trump is living in their brain and their building an entire condominium. but i've seen this happen where people get hooked into the stuff. like he should step back and wow, that's the dumbest thing ever. but he so emotionally out of control and trump does that to people. he doesn't have to fans too. people love him but the people that hate him, and you lose sight of their own profession. he looks like an idiot, he looks like an idiot, that shouldn't happen. >> dana: but they're not taking any just medicine for the sickness, not while pointing out that he's one of the 51 intel

officials that sign the letter saying that the hunter biden laptop was disinformation. a speech or get all the people who signed the letter to figure out what evidence they have. >> dana: but this is the reason that the american people -- this sickness is still front and center, the american people think that this might be manufactured and do not trust what merrick garland tells us. because they are out of their mind. >> jessica: greg's point is the only one that matters to all the people we talk about. if you look at trump's biggest supporters, little marco rubio, ted cruz, you know trump went after her wife calling her ugly, her dad was the zodiac killer? >> dagen: only talking about democrats. >> jessica: i know you wanted

to make it one way, but i'm just saying. it's important because it's impossible for people to get the benefit of the doubt anymore on the other side or to look at institutions in say this is what's working correctly and i don't know what the remedy is in that used to be more optimistic in a post trump era it would be better. speech or come to the dark side, jessica, it's fun over here. >> jessica: i'd be out of a job. it's not happening. >> dan: the topic was biden saying i agree, at this point, no one's going to trust them anyway. but think of one last thing, i served a lot of search warrants. you know who your best friend is in the search warrant? it's the guy you're serving the search warrant on, a lawyer, you don't do spend 25 hours searching for stuff so you go to the lawyer and say where's the stuff so we don't have to rip the guy's house apart and they typically tell you. why were the trump lawyers kept out?

because the warrant was a pretext to get in there for january 6th stuff and they didn't want to know where the stuff was because then they'd go look for the stuff and wouldn't have a license to go and look everywhere. i want everyone to process it not having the lawyers there is an absolute, everyone with experience that the warrant was absolutely a pretext. >> dagen: it's been a lot of breaking news today. we're going to lighten things up! strip poker! >> dana: no! >> dagen: "the fastest" is up next! musical musical

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younger folks now use a skull instead of the laughing and crying face to say they're dying from laughter and it turns out that this one is used to insult someone. that's obvious. greg. >> greg: eye is that when i'm happy to men because feel happy after? these emojis are the greatest things in human communication in the last 200,000 years because they get you out of awkward situations where they may be loose ends. sometimes you can do a laugh and that's it, get some of the on their way. i wish we had a machine like we are on "the five" and 70 starts talking about their baby -- sorry, jessica, i fire and emoji at you. >> jessica: a cute baby? >> greg: it's a great way to manage communication like cave paintings. for us.

>> jessica: you working human in human resources, tell them to go back to their desk and do their work. i am a said something else, it's been a long week. the hr person should say i don't have proof of intent. i don't know -- greg likes -- he thinks it's funny! who cares? go to your work! stop calling hr, everybody and that's a serious -- [laughter] >> jessica: are there any serious emojis? >> dan: did you draw greg gutfeld on your thing? can you show that to the camera? >> greg: i like drawing self-portraits, and draw emojis of me and i'll ebay these when i retire. >> dan: you're right about the emojis, the thumbs up emoji gets

me out of everything when i don't want to answer. it's the greatest thing ever. >> dagen: i use fruit and emojis a lot and some are suggestive. and some are like drop dead, but you'll never know which they are. it's not the banana, you know, it's a peach like broccoli, like what does broccoli mean? i'm not telling you. >> jessica: the mystery! >> dagen: asparagus. before is that true? >> jessica: going to have asparagus tonight. "one more thing" is up next. ♪ ♪ ♪ so i climbed into the cab, and then i settled down inside ♪ ♪ i've been everywhere, man ♪ ♪ i've been everywhere, man ♪ ♪ of travel i've had my share, man ♪

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leaving almost nothing for the homeless. no real jobs are created here. but the promise between our state and our sovereign tribes would be broken forever. these out-of-state corporations don't care about california. but we do. stand with us. i had no idea how much i wamy case was worth. c call the barnes firm to find out what your case could be worth. we will help get you the best result possible. ♪ call one eight hundred, eight million ♪ ♪ ♪ >> greg: i know, the first question is from -- yeah, still around. [laughs] what instruments i know you the most, and why, dana?

>> dana: bagpipes. like a little bagpipe parade or of course unfortunately at a funeral, but not all bagpipes. >> greg: dan? >> dan: the guitar, because of her but he thinks you can play it. if you're not jimi hendrix, don't play the guitar! >> greg: it's very therapeutic. >> dan: don't play and in front of me if you don't know what you're doing. is that it? >> greg: focus! >> jessica: i don't know if it's qualified but i've seen adults playing recorders. it's like a baby one though that they teach you -- right. like your 50. why are you playing a recorder? >> greg: like hunter painting with a straw. >> jessica: that's what i was thinking! >> greg: dagan. >> dagen: not the instrument,

but the person plated. an elbow played by a person who doesn't know how to play an elbow or my ex-boyfriend playing his telecaster. those are the two most horrible instruments i've ever heard. >> greg: the exception saying no good songs have saxophones. no good songs that have saxophones except for baker street but a saxophone ruin songs, it does. we know this, america. you hear the saxophone and go god i hate new york. you hear it. the cliche garbage can with the fire in the garbage can and the little saxophone would come on and we are so hip -- no, that's for losers! >> dagen: but what about the sweaty beefcake player in the lost boys? >> greg: i stand corrected.

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>> time now for one more thing. an 18-year-old wanted for stealing a car in england was finally caught by police after they found him hiding in a very unusual place. the officer has been on the hunt for the suspect since may. they were surprised to find a giant stuffed teddy bear which appeared to be breathing. the suspect had been hiding inside the. all along. and now she is behind bars. >> did you see that first picture? kind of a weird shot. >> for every time i have hidden in a bare.

i'm getting killed over this sax stuff. we are doing an hour 90 minutes on this topic and i'm blind to. speaking of gregg popovich bear party, i love bears and i love to party with tears especially like this fellow, he apparently had been intoxicated by matt hundley. that is honey with alcohol. hallucinogenic, it says hallucinogenic effect. so he just hangs out like that but i have been there, but he. it feels like it is never going to end but it always ends and then you live and learn. >> don't miss my show tomorrow, unfiltered. are not responsible for anything said of me. just kidding.

i will have stuart kaplan on. he has a really insane theory. it is amazing about that secret service locket and then i got the famous temple podcast. i'm stoked about that part. the new election interference policy. >> thousands of sailors and rains departed on the uss abraham lincoln and 20 of them return home as fathers. >> oh, wow. >> is that how it is done? >> that is how i did it. check this out. families gather for their homecoming. [laughter] and he hates the saxophone. congratulations. >> my newscast is pretty much like a velociraptor. 6 feet tall.

200 pounds chasing a group of rangers in australia. they can kill humans and they can disembowel you with one talent. good luck. >> you could get a permit for that. >> all right. that was fun. that is it for us but we will see you back here on monday. don't miss everybody's -- >> good evening and welcome. i am gillian turner. we now know what was in that search warrant used by the fbi agents raided the former compound. a judge unsealed a warrant along with a receipt for property seized. president trump's attorneys did not object. some of what was recovered and whether it included classified that even top-secret materials. also, the house has passed a massive spending bill. democrats insist it will