these are not shabby tax cuts on top of the $4 billion you announced. this brings it to $5 billion >> an update, and good news out of the microsoft, paving the way for a. good day tomorrow.we shall see. here's "the five." >> hi. i'm greg gutfeld, along with judge jeanine pirro, harold ford jr., jesse watters, and she once tightrope walked across two soda cans, dana perino. >> greg: new drama for today's episode of as the documents turn. get the rubber gloves ready, because the doj could expand the biden document search to other sensitive locations. dana, get your mind out of the gutter. we're talking about the beach

house. don't worry, though, biden's lawyers have everything under control. we just got exclusive video of their consensual search. there you go. they left no stone unturned. meanwhile there are a lot of lingering questions, but biden's unqualified talking head is not too keen on answering them. >> after a special counsel is named, but before the fbi searched, president biden went to his house in wilmington. what was he doing there? >> i would refer you to the white house counsel. >> was it something related to this case? >> i would refer you to the white house counsel's office. >> okay. do you think the story was leaked by someone trying to bruise the president politically ahead of a re-election announcement? >> i would refer you to the white house counsel's office. >> we know the president did it. why did he do it? >> i would refer you to the

white house counsel. >> greg: she's the best. so let's check in with the white house counsel's office. >> there are many people out there in the media who sort of try to stir up controversy to get attention or time on on cam. the underlying issue, as soon as the president's personal team, noticed something, they immediately and promptly and transparently disclosed that to the proper authorities. >> greg: everyone in biden's orbit keeps spinning, but some top democrats are not buying it. >> the process we go through, is so elaborate and careful, to review any of these documents, that i can't understand how any individual senator can take a classified document, let alone remove it to another location. it's unthinkable. >> i never take classified documents to my house. i don't know any reason anyone would. i'm very careful about. i assume everyone else is, but

clearly there's a problem here. >> greg: in a major plot twist, former vice president mike pence found documents at his home in indiana last week and turned them over to the fbi. jesse, so trump was right about penguins. ha-ha-ha. i'm joking. >> jesse: we have this great thing going with joe. the come on, man. >> greg: now what are we going to do? >> jesse: he confessed to it. we would have never known. now we have to show both sides. you know penguins is so clean, squeaky clean, nothing like the real bad documents that joe biden was scrolling away. >> greg: do you think he just want to be included? >> jesse: yeah. i'm running for president too. investigate me. i looked at secret stuff. this does hurt biden. remember how biden was trying to

put himself against trump. trump was reckless, he had them at mar-a-lago. i did it consensually. my search was consensual. i cooperated. transparent. compared to trump, he could make maybe that argument, even though he's the vice president, but now you compare biden to penguins and biden doesn't look so clean. penguins didn't even open the box. penguins had the box still taped up. then when someone looked in it, he put it in a safe, and called the archives that day. it is a little bit different. come on, mike. of the. >> greg: it is worse than what trump did. not being able to classify is a big deal. >> jesse: we should raid gore's

house. >> jeanine: and obama's. >> jesse: yeah. >> greg: i'd go back to kenya, jesse. that's a joke, america. dana -- >> dana: i'm not laughing. >> greg: -- are there a lot of people that work in the white house, a wave of people getting ready to have classified docs removed? >> dana: they're sitting there going, you mean we did better in the midterms than we thought we would to, take back the senate, and we spend the first five weeks of this term talking about the president having classified documents at several homes, going back to his senate days, after he said trump was so irresponsible. i think it's a shame. one, people do get in trouble for mishandling classified documents. they could be fired. their reputations could be ruined. they should never work in their profession again, in their field, or they could even be prosecuted and do jail time.

so if biden had just said at the beginning, whoa, i shouldn't have done that, irresponsible, we're going to have this consenl search and move on. do you think that people should handle classified documents appropriately? i refer you to the white house counsel's office. you can't even answer that? >> greg: that's bad. >> jeanine: you know what that tells me? >> greg: what? >> jeanine: that tells me when you can't answer a simple question like that, instead prefer the drip, drip, drip of what's going on, it almost seems like she's referring to the president as a defendant. you have to speak to his lawyer about that. i heard jonathan turley talk about this earlier, she's not referring to the president as the president but rather as a person who may be a suspect in a criminal investigation. she's not doing them any favor. i got to tell you the one thing,

jesse, that's so much worse -- and we can go what-aboutism -- but when you go into a scif, you come out of that scif, you're not entitled to that document. you can't even read it until you go in the scif. then you take it home when you're a senator? i mean, durkin and schiff themselves went after biden for that. that's why biden is in trouble. >> greg: how many homes does biden have? what a lucrative career for a politician. >> jeanine: a schoolteacher. >> greg: all this money? i almost think that's a sign of corruption that went on for decades. that's what harold was saying in the greenroom. you said people that are found with classified documents, we should execute them, harold, that's what you said. >> harold: did i say that? >> greg: yes. >> harold: it's good to be back. two things. one to the judge's point with

ms. jean-pierre. ic the white house, dana, has decided to pursue a legal strategy at the expense of a pr strategy. we saw that today. whether that's right or wrong, whether that's something we prefer or not, that's where they are. two, judge, they have to reevaluate how documents are classified, how long they stay classified. for that matter, how when vice presidents and presidents leave the naval observatory and the white house, how they account for what they have and what they don't have. perhaps instead of allowing staff to pack them up, they may to have professionals, those who know how to do this, those that deal with this kind of information, or at least help oversee the process. look, we can talk about the differences. without question you have the president, the vice president, former vice president, former president, now current president, two of them with special counsels looking into this. it could very well be that it could rise to the level with mr. pence.

now, what's interesting to me, remains interesting to me, about president biden's situation, november 14th, said it before, attorney general garland decided to appoint the u.s. attorney from illinois, the republican appointed u.s. attorney by mr. trump to oversee what they discovered november 2nd or 3rd. from november 4th to january 5th, it seemed fine. then all of a sudden attorney general garland decided to appoint a special counsel in president biden's situation to oversee it. so something happened. there's some standard, much like with president trump. there was a standard. i don't believe that trump declassified all those things. his lawyers would have just said from the very beginning -- furthermore, you can't declassify things if you're no longer the president. if he declassified them when he was president -- >> jeanine: before. >> harold: right. >> harold: all i'm saying, two special counsels, one for each of them, which means some standard has been breached, or some standard has been triggered. doesn't appear from the language from former vice president

pence, since the boxes were sealed, i've not heard anybody ask president biden, were those boxes opened? we've all assumed they were opened, circled something in his garage thinking that's the stuff. if the boxes were opened, that's a big difference. the declassification thing i don't agree with. >> jeanine: it's important to make the distinction, the difference between having the attorney general look at it and then a special counsel? the doj knew about it, as you say on november 14th. then on december 20th or december 18th they found more and nobody knew about it. that's to me the change where now we need a special counsel. >> dana: the justice department said they don't trust fully the biden private lawyers. >> jeanine: exactly. >> harold: that's clear. this is a democrat appointed attorney general. as a matter of fact, the president himself appointed him. so something has been triggered

there. >> jesse: you got to appoint a trustworthy person as attorney general. they'll turn on you, and appoint a special counsel to investigate you. >> harold: because a standard has been breached. >> jesse: stop. it's politics. >> greg: mike pence stated earlier he would never be alone with classified documents. that was really good. ha-ha-ha. idea from harold, a classified moving documents company. wouldn't that be great? you show up. do you have to get pizza for them? >> jesse: just gatorade. just water. >> greg: up next, democrats trying to get dumb and dumber back on the intelligence committee in congress. ♪ ♪

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♪ ♪ >> adam schiff openly lied to the american public. he put america for four years through an impeachment that he

knew was a lie. if you got the briefing that i got from the fbi, you wouldn't have him on any committee. >> jeanine: democrats pushing for the not so dynamic duo to sit on the powerful intelligence committee. democrats are most certainly going to lose the fight, so mccarthy has the unilateral power to boot them, but adam schiff isn't backing down. >> if mccarthy believes this will somehow stop me from pointing out when they abuse their power, when they endanger the country, it's not going to stop me at all. i will simply work with leader jeffreys to find new ways. >> jeanine: remember the last time schiff led an investigation? his lies are the whole reason he was kicked off intel to begin with. >> plenty of evidence of collusion and conspiracy. >> ample evidence of collusion

in sight. that's true. >> clear evidence of collusion. >> jeanine: and republicans are concerned that eric swalwell with a chinese spy has compromised him. aha. okay. so in 2021, the democrats made a decision to expel marjorie taylor greene and paul gosar and the republicans said don't do it because you're creating a precedent. this precedent, you'll have to eat it if we ever win in congress. mccarthy is saying schiff, swalwell, and omar, we're not going to put them on the committee. how about you? >> greg: what's good for the goose is good for the goat? i would prank them and tell them they're on the committee, change the meeting times, send them to other places. why would you indulge these people?

the problem with -- not so much omar, because she has her own set of problems -- they always seem to care about them own selves than america. they're opportunists. that's why schiff ended up on tv. swalwell should be exploring natural gas -- or maybe in front of it, not behind it. putting schiff on the intelligence committee is like putting jesse on a modesty committee. >> jeanine: ahh, that's not fair to jesse. >> greg: you would chair it. >> jesse: i would chair it. senior member. >> jeanine: he says it does not serve as precedence or justification for the removal of schiff and swalwell, given that they've never exhibited violent thoughts or behavior. having an affair with a chinese spy is no problem. >> jesse: violent thoughts? i think schiff wanted trump hung

as a traitor. if you compare santos to schiff, both are liars. which lies did more damage to the country? santos lied about cross-dressing, working for solomon smith barney. okay, that hurt nobody. that hurt nobody, because saw nassaucounty republicans. schiff put people through a wringer, all based on lies. swalwell got honey-trapped, permission to use an analogy, like putting a quaker on the intelligence committee. quakers are nonviolent, judge. >> jeanine: oh, stop it! >> jesse: if i was a member of congress, anybody who wanted to sleep with me, i would assume they were a spy. >> greg: you should, because they wouldn't otherwise. >> jesse: same with swalwell.

run background checks on all your dates before you go out to dinner. if she's not a spy, well, good, you know everything about her. if she's a spy, date's canceled. that's what swalwell who have done. no, who cares if omar is on the foreign affairs committee. >> jeanine: i do. >> jesse: you know why i don't care, they'll still send money to israel. she's in the minority. she'll get no juice. i want to see her on foreign affairs, because she says silly things and we put it on "primetime." >> jeanine: is hakeem jeffreys choosing to ignore this? >> harold: greg may have said what's good for the goose is good for the gander. i don't think members of congress should be taken off any committees. the santos matter, they should unseat him. if he's a member of congress, they should put him on a

committee. i don't think you should be able to object. if the standard is, you disagree with the guy or woman, they were wrong about a certain policy outcome, there would be nobody on committees in congress if that was the case. third, swalwell has not been charged with anything. speaker mccarthy says that eric swalwell could not get a job in the public sector if he needed a background check, how could he -- or security check -- how can he serve on the intelligence committee? i don't know what he's talking about. maybe he should share it. >> jeanine: maybe he can't share it. that's the point. >> harold: then he shouldn't say that at all. let me finish my point. he's not been charged with anything or convicted. if the land we live in, the schools we went to, the things we study, you can't hold something against someone because you think that's the case, but you can't share it. i don't know what the standard is here. they should not have kicked the other people off in the last

congress. unless there's criminal activity and they're indicted -- >> greg: and let democrats have their way with it? >> harold: i'm telling you the standard i would apply. >> greg: i like what's good for the goose is good for the gander. >> harold: i hope my kids aren't watching. >> jeanine: they didn't have to start the precedent, but they did. >> dana: in goes back to when mitch mcconnell told harry reid, if you change the standards on the judge, you'll change the supreme court. now it ended roe vs. wade. that's what mitch mcconnell told them that's going to happen. when they kicked off marjorie taylor greene and -- you can agree that what they said was inappropriate and terrible and awful. it's horrible. you can say that. but you can also say, if you kick them off, we'll be in a position to do that to you. now mccarthy has a narrow majority.

now he already has two republican women saying, look, we believe in the principle, as harold just said, that you shouldn't kick anybody off. the democrats couldn't get a unanimous consent to criticize omar for her anti-semitic comments, if you can. >> harold: i didn't refrain from criticizing they are. >> jeanine: good. >> dana: but you weren't in congress, meaning you couldn't vote. my last point, this is also a gift to schiff. why? he's running for senate in california. how is he going to get on air every night and raise money? it's going to be getting up there and saying, look how mean they are being to me, how outrageous it is, and he'll get on tv every night. >> jeanine: wow. coming up, ron desantis obliterates critics who are angry on his crackdown on woke education. ♪ ♪

♪ ♪ florida governor ron desantis standing up to critics. the biden white house is blasting the decision. >> this course on black -- >> it is incomprehensible to see that this is what this ban -- or this block to be more specific -- that desantis has put forward. if you think about the study of black americans, that's what he wants to block. the and again, these types of actions aren't new. they're not new from what we're seeing, especially from florida sadly. >> dana: desantis hitting back, saying the course would indoctrinate students and has a political agenda. >> this course on black history,

what's one of the lessons about? queer theory. who would say that an important part of black history is queer theory? that's somebody pushing an agenda on our kids. so when you look to see, they have stuff about abolishing prisons. that's a political agenda. they're advocating things like abolishing prisons. that's a radical political position. >> dana: harold, how do you see all of this? >> well, i would have thought by now that governor desantis, who i think is probably one of the two or three most important voices in politics over the last two to three years, certainly when you think about covid was the most dynamic voice for those opposing some of the things that the biden administration, even things he's imposing now what the trump administration did, some of his questions about the vaccines. it appears he's a frontrunner for the presidency on the

republican side. appears to be winning even against joe biden in the election. i would have thought he would have pivoted to talking about china, talking about our military, talking about the border, talking about crime nationally. so it's taken him down always notch in my book. second, about this issue, i have young kids. these whole idea around what's happening in schools, and we're dealing with this conversation at our school around when kids should be taught certain things, and i'm not totally persuaded yet we should be talking to kids at such an early age about gender and sexuality, the way some of the schools want to talk about, but as i look into what he's talking about, desantis, he's talking about authors like james baldwin and toni morrison, some of the most important writers in the 20th century cannon. if you want to go back to edgar allan poe and herman melville, who died under suspicious

circumstances, some say it was substance abuse or alcoholism, i wouldn't say it means you want to be an alcoholic or push a message to kids. my message to him, get serious. you were 34th in 2018 and 2019, and you're no higher today. it's not because you're teaching black american studies or african american studies. kids aren't learning science, math, english. i would agree with you, some of the intersexuality, you got to figure that out. at the end of the day 2 performance is the most important thing. if it means teaching them something you don't like, governor, they learn more, then do it. >> dana: desantis is being viciously attacked on this particular issue. we should talk about this issue. i want you to, greg. just had a big raise for teachers proposed, which gets directly to 2 performance. on this issue, when i read about it, he's not saying you can't

teach african american studies, he's saying this particular course, go back to the drawing board, let's see something else. >> greg: harold, there was a fine line there. i think you actually were saying the same thing. >> harold: but be serious about it. >> greg: i'm an expert at black history, studied it for decades at the university for gutfeld studies, the internet college. when you get the sense that they're shoehorning activist type stuff, intersexuality, queer theory, into these things, you got to keep an eye on it. what they're doing, for the average black family, they should be pissed. this isn't african american history. this is created by some white privileged left wing elite, you know, and maybe a black female marxist, their teacher. it doesn't reflect the

conventional wisdom of most people. i came up with this theory yesterday purely by accident. i call it the straw trans argument. like the straw man. anytime you bring up a sensible idea, i don't think activists should be generating sex or gender theory for children, that's perceived as transphobic. so that's what i would call a straw trans argument, when in fact being pro-trans is making sure this stuff doesn't happen, so people are old enough to make the decision, you respect the whole idea of it, and not worry about this other stuff, basically being pushed by a small group of delusional activists. >> dana: judge, governor desantis knows he's going to get attacked for decisions that he makes. he seems prepared to respond. but the white house loves to have desantis as a foil. >> jeanine: they absolutely do. i'm surprised they didn't drag out -- or he didn't drag himself

out, gavin newsom, who sees himself as the person to oppose governor ron desantis. the thing about this is it's almost like this indoctrination is parading around as education. i think we all agree. desantis wants black history, black education. and what he said basically was i don't want to talk about issues like queer theory and intersexuality and abolishing prisons when t truth is that we just learned two years ago that the african american community, more than anyone, wants more cops. they want more consequences. and we're indoctrination our kids to say, while blacks are against prisons. no, they're not. he's taking on this issue as opposed to other issues, harold, because he's in the thing of it. he got in the thing of it because of disney, what they said about the don't say gay law, because we saw what happened in virginia. just today, i forget what new

governor who has the money following students in her state, they just signed into law -- >> dana: iowa. >> jeanine: yeah, iowa. it's a big issue. he's primed for it. >> greg: this is like when we covered the story about the american doll book. it's like what is this doing in this book about the american doll when you go to that story? there are there chapters are be with your own binary to kids? that's what this is about. why are these things showing up in places they shouldn't? where's the age appropriateness? >> dana: jesse has done a deep dive here. >> jesse: i have. i read the entire syllabus today. >> dana: you did? >> jesse: it took me about an hour. the most prep i've done for weeks. it's a very good course. three-quarters of it is very rigorous and very good. this is very high-level stuff.

then it's activisim, ideology, no history. a chunk is good stuff, and then it goes into white supremacy, patriarchy, abolish the prisons, overthrow capitalism, queer theory and intersexuality. boom, it hits you with that stuff. i understand why some african americans want to take an african american class that's taught through the lens of african americans. it's a black professor, whatever. i understand that. no one's read this. no one's read the syllabus. jean-pierre hasn't read it. this is like the don't say gay bill. now it's don't say black bill in florida. it's totally mischaracterized. we'll discuss it further on

"primetime" tonight. jesse jr. has applied to gutfeld university, and he's been accepted. just got in on his own merit. >> dana: up next, taking over the capitol, ticketmaster grilled by lawmakers over the concert ticket fiasco.

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will say we know all too well. >> once again, she's chair captain among the bleachers. >> ticketmaster ought to say, i'm the problem, it's me. >> greg: kill me. shoot me right now. >> jesse: greg, your thoughts? >> greg: i talked to tay this morning. it's been tough. we remain friends. i still help her with the writing. she works me through issues with the fed. when you have a fan base like her, it's like her own country, fiefdom. i'd prefer invading haiti. these old crones trying to be hip or funny, trying to sing her lyrics, when you enter a segment. how pathetic is that? >> jesse: just trying to play ball. dana? >> dana: i thought you sang very

well. >> jesse: i had some gusto. >> dana: yes. i loved it. you gave it a shot. excuse me my hair. when this all went down, moms and dads, nieces, aunts, uncles, trying to get the tickets for their daughters or their nieces and nephews, and they can't get in. they're locked. you're 27,000th in line. it's so frustrated. the reason that congress had to have this hearing, a lot of them are mad that ticketmaster is in the position they're in anyway, in terms of they think it's too big, a lot would like to see it broken up. aoc talks about that a lot. what happened here, what's interesting, the bots flooded the system, and they bought up all the tickets. you can buy one later on stubhub. how did they get that? the bots bought the tickets. ticketmaster takes private financial information, you're the keeper of that information. the company had the cyber issue on the back burner.

they didn't deal with it well enough. they were inincentivized to do that. they're incentivized now. for t. swift, they're incentivized. >> greg: the bots are directed by people. they're not autonomous. >> dana: if they had invested more on the front end, i think, they could have prevented this. it could happen again. there's a good reason to get it fixed. >> jesse: harold ford jr. >> harold: my daughter is becoming a fan. if i were an artist, i'd rather have this problem than no one coming to see me. i hope they get it worked out. if it's ticketmaster that's the problem, whoever, i hope congress can get it. >> jeanine: kudos to taylor swift. people love her, because she does so much for her fans. she apparently goes to the back of the stage, sings to people in the cheap seats. also one of the things they should look into is that 27% of

the ticket prices are for fees. what fees? the department of justice allowed the monopoly. even though they knew that 80% of it was the venues were excluded. >> jesse: you know, processing fees. they had a lot of those when we applied to gutfeld university. half the cost. >> harold: 47%. >> jesse: isn't that suspicious? coming up, looking for amazing life advice? trey gowdy is going to teach is the art of decision-making in his brand-new book. lomita feed is 101 years old this year and counting. i'm bill lockwood, current caretaker and owner. when covid hit, we had some challenges like a lot of businesses did. i heard about the payroll tax refund, it allowed us to keep the amount of people that we needed and the people that have been here taking care of us.

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on your show -- >> harold: my name is harold. >> while i think the book helps, your cohost called me on a saturday afternoon with nobody around, and said i enjoyed your book. i'm to the point in life when that's success. somebody that you respect says you've done a good job. that's what it is. thank you for your call. >> dana: i read it, and every page is dog-eared, because i wanted to go back. every word mattered in the book. i finished it, and i said this book is remarkable, one of the best books of advice i've ever read in my life. if you're starting out in your career, making big life decisions, thinking about retiring, when should you go? you tell a story about start, stay or leave.

i thought it was interesting, your decision, to stay in south carolina and not go to colorado for an interview. we would have loved to have you this as well. >> i wound up interviewing with a guy -- i was going to interview a guy, who ended up being a colleague in congress. i wanted so badly to be a federal prosecutor, judge, that i was willing to leave my home state. we had a young child, take him away from his grandparents. sometimes dreams can fuel you to do great things. sometimes you can be obsessed with them. i got to the airport and figured out colorado is a long way from south carolina. i drove home. i never took the flight. dreams can fuel you, propel you, or they can imprison you. >> jeanine: one of the things you talk about is motive, means and opportunity. that's certainly something you learned as a da, a federal prosecutor. do you continue to live along those lines of analyzing? i try to. we all know people that really,

really love something but they're not good at it. my wife, on the other hand, is a fabulous singer. the she just doesn't like being the center of attention. so she's good at something, but she doesn't like it. how you can find -- i try to lay it out in the book -- how you can find what you're good at, do you have an opportunity to do it, and do you love it? if all three of those meet, then that's probably success. >> harold: greg? >> greg: the title "start, stay and leave." stay is the easiest thing. everybody stays. the hardest things are to start and to leave. the obstacle is always fear. how do you get somebody over the fear of starting something or leaving something? >> greg, i have fought fear for most of my life. the i have a fear of failure. i'm not motivated by desire for success. i fear failing. so what i have done, i've said what is the worst thing that can

happen? if i have a plan for mitigating the worst thing -- then i kind of tamed fear and turned it into caution. caution is a good thing. it makes us stop and think. fear is debilitating. if you can release yourself from the prison of fear -- the way i do it. what's the worst thing that happen? the worst thing is i bomb on this interview and lose my sunday night show. that's the worst thing that can happen. >> dana: and that's not going to happen. >> harold: had the three of us on the back of this book, endorse the book. it's a great, great read. >> greg: we weren't asked. but that's okay. >> i knew you were busy. >> greg: i get it. these guys don't have a lot to do. i appreciate that, because i'm busy. >> tucker: i have two shows too. everyone always forgets. >> harold: "one more thing" is up next.

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♪ we will, we will rock you ♪ yeah, it rocks. >> dana: turns out the pup couldn't understand her. watch this. >> monty up? quite the opposite. >> dana: turns out the dog spoke spanish not english. >> greg: what country was this? >> dana: america. >> greg: learn to speak the language dogs. tonight gutfeld, trey gowdy. tim brewer, kat, tyrus. now is jesse. >> jesse: today is national compliment day. i will go around the table and give everybody a compliment. judge, you should be on air more.

harold, you should residence for president. dana, you carry your morning show and greg, you are having a great hair day. >> greg: thank you. >> jesse: on "primetime" under cover journalist exposes chicago's street crime. >> judge jeanine: that sounds fascinating. >> greg: judge, 9, 8, 7, 45. 4,. [laughter] >> judge jeanine: bret are you there? >> bret: i'm here, keep counting. in honor of trey gowdy i'm going to start this show. i will stay for an hour and sorry to see you leave. >> greg: laters. >> bret: good evening, welcome to washington. i'm bret baier. breaking tonight the latest developments in the classified document scandal which now has a new republican player. leading off this evening the third mass shooting? california in a little more than a week. this time it happened in half moon bay south of san francisco. seven people were killed. another critically wounded at two locations. >> this is the third mass killing in that state in 8 days. senior correspondent claudia cowa