the federal reserve is being questioned about that. at least they should. they let everyone down. kelly, great reporting. thank you very much. catch me tomorrow and every weekday 2:00 p.m. eastern on fox business. again, huge day for the market. if amazon holds up, we could have another huge day for the market. we may be off to the races. until then, here's "the five." >> hello, everyone. i'm judge jeanine pirro, along with jessica tarlov, joey jones, katie pavlec h and greg gutfeld. it's 5:00 in new york city and this is "the five." he's the cheater in chief, joe biden caught red-handed with a notecard that appears to include a reporter's question, right before he called on her. how convenient. biden holding his first news

conference after announcing he is running for re-election. it turns out what was on joe's card was indeed very similar to the question he got asked. the white house says it's no big deal. yet couldn't explain why he needed it in the first place. >> it is entirely noel for a president to be briefed on reporters, asking questions at a press conference, issues that we expect they might ask about. do not have specific questions in advance. that's not something we do. in fact, i would point out the question that was asked was different than what was on the card that y'all saw. >> but i guess he couldn't get a cheat sheet for this moment. biden actually got thrown off by a couple of youngsters on take your child to work day. >> where are you -- where are you -- where do you stand on granddaughters? >> i got one in new york. two in philadelphia.

is it three? no. three. because i got one granddaughter who is -- i don't know. the last country i traveled -- i'm thinking the last one i was in. yeah, you're right, ireland. that's where i was. >> oh, and while joe runs from cover from the friendly media, his challengers are lining up. check out this new fox news poll. rfk jr. and mary ann williamson combined to have nearly 30% of democratic primary voters, but democrats need to get behind biden because, quote, we're trying to save democracy. >> the person to do the job is doing the job. you get behind him, and we won't have a problem. the minute you start making inroads, maybe this person, maybe this person, we're done for. so make a decision. make a decision. he's done a lot for the country.

he brought us back from the precipice. it's not a perfect country, but better than where they were. >> i'll start with you, katie. shouldn't the president of the united states be able to go out and answer questions without a cheat sheet with questions on it? i'm not talking about bullet points, which aren't unusual. >> yeah. >> i'm talking about specific questions. uncommon level of specificity in fact. >> well, first, the response to whoopi, who screams about protecting democracy, isn't interested in having a simple debate. if joe biden's record is so good, why not have him out there to defend his record, to talk to the american people, reassure democrats, who are concerned about him running, that he can handle the job. this is embarrassing, i think, more for the media, because they're allowing the administration to push them around, the white house correspondents association should have more expectations than this. the fact is that the president shows through these cards that he's not the one who's really in

charge. it's the people writing the answers on these cards for him. he's not giving orders. he's taking orders. i think there's big questions about that, given he wants to run for re-election, he's supposed to be the guy elected and in charge rather than bureaucrats who he hires to make decisions to talk about big policy positions. in terms of the media -- i covered the trump administration, in the white house a lot. i got moved from a press conference from the back of the room to the front of the room, and i was called on. that was a big mainstream scandal, that they had move me to the front of the room, so somehow there may be some kind of collusion. there was 99. this happens. the white house and "l.a. times" are on the same page saying we didn't talk about it, but we do talk about topics. the topics are pretty dang close to the question. >> you know, greg, this is the first press conference the president has had in, what, 178 days or something, and the first one after he announced for re-election. the issue of age and his cognitive level came up, and he

just said watch me. well, we did watch him. it appears that the president was unable to answer questions after a meeting with the president of south korea where issues were discussed like microchips. so you say to yourself, if he needs a card to answer the press, who is doing the negotiating with the president of south korea? did he have those notecards in those meetings and negotiation? who is running it? >> well, that's the eternal question. i mean, this guy is so old, he better not renew his library card. gets upset around green bananas. think about this, though, when it came to donald trump, the press was relentless, peppered him with endless gotcha questions, tried to trap him, humiliate him, and he still came at them at every moment. the press gave him a take-home test, what amounts to an answer key. they will always be in the back for the democrats, and they know the guy they support is a hollow mess, needing all the help that

he can get. i don't blame joe for pushing for these perks, but i do wonder if the press has to weigh a decision. if i'm going to get facetime, i better say yes to supplying the question. if i don't supply the question, i won't be able to ask the question. instead i'll play along and maybe i'll get a promotion. here's a great question for america. do you think you should vote for a candidate that "the view" endorses? "the view." have you seen "the view"? it's basically a shrink's waiting room in hell. if joy is not apologizing for a bigoted remark, whoopi is apologizing. it's like the bitter unmarried white cat lady who stupidly gave all of her money to a blm gofundme page. they're naive and stupid. whoopi says we're better off now. is she talking about inflation or war or crime or immigration? i think what she's talking about

is her own emotional well-being. like this is what it's about. it's, like, hey, at least we don't have trump's tweets anymore. the country's screwed, but i don't wake up in the middle of the night and don't wonder what mean thing donald trump is going to say. i would take the mean tweets any day over the state of this country. it's selfishness on the media's part they don't realize that. >> yeah. even if they did, they wouldn't change their behavior in any event, because it's the same ideology. listen to something that van jones said. >> in such an unusual position. she's a woman. she's black. she's asian. she's running alongside the oldest person to ever do it. so she's essentially running for president. that's what she's doing. people understand that. i think she understands that. i think she's going to rise to the occasion. >> i won't even go to the rise to the occasion part of it. but the idea that van jones, who's a democrat, is, like, it doesn't matter what biden is doing. she's running.

and, again, i guess they have to support him. >> i think that probably scares the democrats that are kind of in charge of biden more than anything, is the idea they may have to wake up one day and she's the boss. she may not be the herded sheep that biden seems to be. i know that biden has pushed back on from those that are kind of pulling the strings, or maybe the progressive left, two different groups, those in the white house, and the really loud progressives, is maybe domestic policy, something like afghanistan, where he didn't listen to the generals and advisors and stuck to his guns there. when you look at his granddaughter that he doesn't acknowledge, if you can leave a little girl hung out to dry, it's pretty easy to leave a few thousand marines hung out to dry. if you can't be there for the most vulnerable within our society, how would you be there for those armed and trained to at least take care of themselves? so that's the category i put joe biden in. that's where he is. he is answering to people that are on his shoulders.

that includes the easter bunny. probably cla includes kamala. she had preparation and came out like a bulldog on attack. that's not what we've gotten from her as vice president. with someone like sleepy joe, that's what you would expect and probably want. >> okay. you know what, jessica, you saw joe biden. he was, like, counting his grandchildren. i suspect he had a problem because there's one that the bidens don't recognize, hunter's child with a stripper, and also the last country he was at. he didn't remember where he was. so when mary ann williamson, you know, slams the dnc for not holding primary debates, you know, is she indirectly saying joe can't handle it and that's why they're not doing it? >> i don't think she's saying he can't handle it. she's saying we should have a democratic debate about this. i deserve to be on the stage as

much as anyone, and it should be a choice. that's what democracy is. >> is she right? >> i think, and i've been consistent about this, he should do more press conferences, do more debates. i think he does better -- >> you think he can? >> i really do. i'm not saying because i get paid to sit there. i'm saying it because i actually think it. it's great that those two things come together. he does well. his off-the-cuff comments got him huge bumps. people are, like, that's the joe biden we know. if he's a complete disaster, we deserve to know that as well. i will say that the criticism of this, being lobbed at the dnc, i did not heard lobbed at the rnc, when they endorsed president trump, undivided support in february of 2019. there were three other candidates. bill walz, mark sanford and bill walsh. they weren't getting tons of support, but they were in the race, not given the chance to debate him. states turn to winner-take-all,

didn't allow them to vote on these other possibilities. come on. let's be fair. >> i don't think those are close to rfk jr. and -- joe walsh? nobody even knows -- >> he's at 19%. he just announced last week on video. >> okay. let's see where rfk jr. is in a little bit. right? let's give him a moment. he's a kennedy. he's flashy. he has cheryl on his side. democracy is about principleses. if the principle there should be debate --. >> i think everyone should debate. the american people deserve that. >> if we get the tapes we can roll them. i doubt as many republicans were vociferous -- >> primary debates for the republicans, i remember -- >> well, of course, in 2016, it

was an open obama can run again. >> all right. >> i'm talking about re-election. >> all right. i have a feeling he can't do it, because he can't tell you how many grandchildren he has, where he was last week. >> i'm sorry. trump held cards that said, "i hear you. what would you like me to know about parkland?" >> electric dream days are here. come in now and experience the intense thrills and incredible offers on any of five mercedes-benz electric vehicles. including two years complimentary charging and pre-paid maintenance. the vehicles are all electric. the feeling is all mercedes.

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> a new bill in oregon would decriminalize camping in public places and let the homeless treat their tents as private homes even if they clog up the sidewalks. vagrants can even sue for up to $1,000 if they're told to relocate or are harassed. greg, homelessness is a tough problem, but in oregon they've spent tens of millions and it's only gotten worse. >> i love that they call it right to rest. everything right right now is right redistribution. your rights to walk your street safely is gone, but they can shoot up on your lawn. no, they aren't resting. i know we've been fed a lie that all the homeless are out there, they're all victims. it's not true. a lot of them are mentally ill, but a lot of them flock there to do their drugs. they harass locals.

they publicly defecate. they feed -- is that a bird? i should say they steal to pay for their drugs. the concept of rights has been hijacked, corrupted and exploited, and the worst of seton hall society is seeing it. professional thieves and violent felons get more rights. crime, education, civility, everything is tracking downward. it's so strange. why is that? it's going from order to disorder. what's a perfect example of disorder? junkies and criminals living on the street. if you look at biology, justice, the classroom, all of these trends are going toward a breakdown. it has to do wit with the cultue that deems it as normal. we're moving to chaos away from

norms. >> some would say we're doing it to decrease the homelessness population, but for the ninth straight year homelessness has grown. >> oregon, there's a lot they don't understand. didn't they have that situation where they were going to allow everyone to shoot up, nobody would be arrested, and they can't understand why there's more crime and drugs in the area where they allow this open-air drug use. here's the bottom line. their right to rest law, which is decriminalizing camping in public places, is a total surrender of the rest of our rights. the what is a public place? a public place is a sidewalk. where can a sidewalk be? a sidewalk can be in front of your home. a sidewalk can be in front of your business. if you dare sweep, harass, or threaten them to move, you'll be fined a thousand dollars. now i want everyone to think about the fact that where you live, there are order nances in every city, town, and village.

all the municipalities. you can't build your home or a wall or a fence unless it's x feet from the street. you know, you would be fined this you don't build in accordance with the town order ordinance. these people, however, get to e ordinances that you and i have to follow, but they get to impinge on your right to the enjoyment and the use of your own property. if i like my property, and i pay a lot of taxes, i don't know that someone is on the sidewalk. by the way, if i'm a homeowner, i have to maintain that sidewalk. if i don't, i'll be fined. >> right. >> so it's almost like the government coming in and using eminent domain where they have to actually reimburse you for the use of your product -- your report, the taking of your property. they can block the view. they can block the space. but then they have to pay for it. they can destroy your business. people aren't going to come in where people are doing drugs,

fornicating, defecating, and think, let me walk by them so i can go in that store and buy shoes. no. this is the destruction of law and order. it is stupid. for oregon to continue to do this is not only an impingement on everyone else's right, but recognizing that they have no idea how to handle this issue of homelessness. >> jessica, the enabling of this behavior -- not just the camping, but there are a lot of squatters that take over private property owned by folks. they are allowing the rights of law-abiding citizens to be infringed upon for the sake of homeless rights. >> it's an incredibly tough issue. to greg's point, obviously there are bad actors in this, but a lot of people have fallen on incredibly tough circumstances, trying to make it through the night. >> that's not this. >> i'm talking about homelessness. >> that's not this. it's not even writ large anymore. we understand it. we look on the streets, and these people are pretty much happy with the situation. >> i see a lot of very unhappy

people. >> you know what i mean. the overwhelming majority of people are drug addicts or mentally ill. when i say mentally ill, they're happy on the street. it's the same thing. it's the same thing. >> okay. so oregon is not the first state to do this. colorado did it in 2019. they're thought of a well-managed state. they're libertarian-minded. it shows, yes, to some degree they don't know what to do with about the problem, but also we have an issue with homeless people, for example, being attacked. that story about the former san francisco fire chief, where it was supposed that the 24-year-old homeless man beat him with a metal pipe, and now there's more surveillance footage that he instigated it, sprayed him with bear spray, and up to eight separate incidents where he went after homeless people. >> so harassment is justification for attempted murder? >> it was marketed as unprovoked assault with a metal pipe. >> you don't have to market it

to me. you spray somebody, come at me with a crowbar -- >> what did he spray the other eight people for? i'm just saying that homeless people are not living large, not in danger. >> that guy may be a jerk, you're absolutely right, but what you're trying to do is say, okay, ignore all of these homeless guys in new york city that have pushed asian women in front of train, have cold-cocked people. you're trying to prop up one thing that happened once and say, hey, everybody, it's not a problem, they're the victims. >> i reserve the right to bear spray anyone hanging out on my steps. there you go. as a gun owner, that's a middle-of-the-road answer there. here's the deal. buy yourself a double wide in the middle of the biggest piece of property you can find, get away from this concrete abomination, let them turn into chernobyl, the mutants live in the ruins, go be somebody. don't live around that trash.

it's all it's turning into. the politicians will make sure it gets there. put it in the middle of 20 acres. they come on your property, in a state like georgia, you give them a warning, then a warning shot. >> that's a great solution. i'm moving.

>> war is about to go green. good for us. joe biden's energy secretary doubling down on efforts to electricity for a the entire military fleet of vehicles by 2030, so we can kill people while keeping the climate safe. yep, the battlefield of the future will have ev tanks.

i hope there's a place to plug them in. >> do you support the military adopting that ev fleet by 2030? >> i do. i think we can get there as well. i do think that reducing our reliance on the volatility of globally-traded fossil fuels, where we know that global events such as the war in ukraine can jack up prices for people back home. it does not contribute to energy security. >> so this is an amazing thing. >> yeah. >> they bring up the war in ukraine, hundreds of thousands of people have died. the solution isn't to somehow media the solution, but to talk about switching to ev tanks. that's their solution. as people are killing each other, as we're sponsoring a war, right -- >> people like that lady right there get a lot of innocent people killed. that's what happens. >> yeah. >> the real true irony or even tragedy in this the army comes out with its climate strategy before it came out with a ukraine strategy, a china-taiwan

strategy, before the national guard had a southern border strategy. this is an administration that literally cannot protect us on our own southern border. by god, we're going to have electric tanks. you can only -- you can only be serious about this if you believe there's a future where we're one solid collective and there are no wars. so maybe it's just this idea of forfeiture of sovereignty. i don't know. you cannot live in a world where we are at war all the time, whether we want to be or not. we're always at war. we're always in some kind of war. in every one of those wars, technology advanced, not out of righteous calls but edge you could get on someone, some way to have a leg up on your enemy. this is not that leg. as a guy with electronic legs, this is not that leg. >> ha-ha-ha. jessica, i wish having you on the table, although i wish geraldo was here so we can check

about an ev bentley. >> well, i have an ev. >> not to wish ill will on geraldo. >> i love you. hope you're watching. okay. >> what is the topic again? >> ha-ha-ha. >> everybody does a great job sitting in this seat. >> i wouldn't go that far. >> you would, did go that far. so the things that i was interested about this are the money, how it gets paid for, and also the safety concerns. the firefighter who says -- >> let's call for that, because jessica would like that. >> it's a totally different pathway than what most firefighters have to deal with. it's a totally different mindset. basically it's a chemical reaction. it's not a normal fire where

fire makes -- needs oxygen to burn. this is a chemical reaction that makes its own oxygen. >> jessica, that's the last time i listen to you. >> why? >> i don't know. i didn't find that clip incredibly -- >> i think it's important, people that put out fires, whether they're a volunteer or not, saying these fires are not as easy to extinguish as a fossil fuel fire. on the battlefield, sitting next to someone that's been there, fires do happen, and we need to extinguish them. >> i've been on more battlefields than in electric cars, that is true. >> when you're talking about war, all technology is about is killing as many people as possible. >> amen. >> to get the war over as quickly as possible. not to worry about the carbon whatever, whatever you're doing to the spotted owls. >> there shouldn't be an intersection between military ops and green energy?

i agree with you. most people in the military would agree that elizabeth brokenholm doesn't have the chops to talk about we need an ev military tank. having said that, i want to make the point that this administration is determined and on track to eliminate american energy independence under the guys of clean energy, and as they're doing so they're creating a national security risk. okay? the idea that we are buying lithium from china, which is where this thing started, and we were on track to give $200 million to a company that is run by the chinese -- communist chinese party, and, you know, energy secretary is, like, no, even though we gave them the contract, haven't given them the money yet. that's a bunch of hogwash. okay? what we've got, we're eliminating our independence, relying on our enemies. and more than that, giving our

enemies the money so they can jack up their coal plants to give us the lithium batteries. we end up inhaling the air being infiltrated by these coal plants. in the end, china is the only place we can go for the critical raw material that we need for the electric batteries. this is a destruction of america. this is a crime against america. >> you know, katie, i had this great idea -- because you know that i'm pro-environment, the idea of a green nuclear weapon. >> uh-huh. >> so kills everybody, but all the trees are saved. what do you make of that? >> i think the climate people would like that idea. >> yeah, uh-huh. >> they would. it's easy to laugh at something like this, because it's so idiotic, but it's dangerous. they should work to get us more energy to keep us safe around the world. this is a suicide mission. it shows people in washington, d.c., all concerned about academic theory, are focused on all the wrong things.

tell me where to plug in a humvee tank in syria, fighting in afghanistan or iraq. let's compare this to china, building nuclear silos, who will have more by the year of 2025. they're building a new navy. we have the energy secretary concerned about going green and changing everything to electric vehicles. the bottom line is this, this makes the military's job harder. it makes it more difficult for the men and women who put on the uniform and go to very dangerous places, so those people don't come here to attack americans. it makes their job more difficult. instead of making that harder for them, putting them in even more danger by saying, hey, isis, whoever the enemy may be, can you wait for an hour while i recharge this? i'm sure the enemy will hold off while their recharging their battery. they should make it easier for war fighters to get their job done, not harder. people will get killed result. as aresult.

>> up next, trans swimmer leah thomas taking a shot at fake feminists.

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shake 'n feed. that's it. miracle-gro. all you need to know to grow. >> transgender swimmer leah thomas, who dominated women's swimming is taking a shot at fake feminists who argue biological men should not compete against female athletes. >> you can't really have that sort of half support, where you're, like,, oh, i respect her as a woman here but not here. they're using the guise of feminism to sort of push transphobic beliefs. i think a lot of people in that camp sort of carry an implicit bias against transpeople but don't want to, i guess, fully manifest or speak that out. >> judge, is leah thomas

man-splaining feminism? >> he's basically saying if you're a feminist, you're transphobic. okay? i don't care if you're transphobic. if this is what you want, go for it. stop competing with women and being superior to them. now i have all of his awards since transitioning. i mean, i have like 20 things that he won since he transitioned, defeating real women. when you have a period, give me a call. right now, that's it. i'm done with this. >> you should play hockey, where there are periods. >> yeah. but the truth is get your own lane of stuff. i'm tired of this. i really am. >> greg, jordan peterson says leah thomas is not a her. he's a narcissistic men for cheating his way to victory over hard-working disciplined young

women. i feel like that's a definitive statement. is leah thomas unfairly treated? >> first, give the swimmer some credit. leah has serious balls, i mean, to tell feminists how to be a feminist. that's pretty gutsy. instinctually, almost biologically, human beings do not like line cutters. men who identify as women in sport, and they win a lot, feels like you're cutting in line. the fact is no one cares about adults getting sex changes. you want to change your sex, if your family's okay with it, we don't care. have fun. do whatever you want. but when you do it mysteriously right before you start engaging in female sports or it involves children, it sets off an alarm, and you immediately get the feeling, no, this isn't fair. it's also that way when we talk about immigration, talk about

crime. we watch people shoplift $900 worth of stuff. if it doesn't affect me, why should i care? because intrinsically it's cutting in line. the thing that bugs me, we've shifted the world so that it's about everybody's personal happiness, like you're infringing on leah thomas' happiness if you say this is wrong, but what about the happiness of all other people who she beats, or he beats, whatever, i don't care about the pronouns. their happiness means more, because they spent years practicing, put in the hours. they're winners. now they got to look and go, well, not winning anymore. >> raleigh gaines, where this

fall? >> this goes beyond competition as well. this is a safety issue for women in their spaces, and they're trying to defend themselves from men who want to come in to their very private spaces, whether it's the locker room, the changing room after competition, and violate their dignity and safety by being a man in that space. will thomas was ranked 462 on the men's team before he decided that he was going to take the opportunity to move to the women's team and steal the records and win all of those championships under that, because he wasn't going to be able to do it on the men's team. the coaches across the country, who want these records, too, are enabling this kind of behavior. the fact that this is even a question about women's spaces being protected is very frustrating, because it's so obvious and it's common sense to know that these types of spaces for women need to be protected and given special treatment, and

to not allow that kind of infiltration. the other thing, too, look, there have been solutions put on the table here. why not have a third category? that's fine. do a third category. the reason you don't see someone like leah thomas going into the third category, because he's not interested in being in a third category, competing against other transwomen. he wants to compete against biological women so he can take those titles away from real women. i'm not a feminist, but i start sounding like one when this issue comes up. >> jessica, you were saying in the greenroom, how you thought all the democrats should have voted for this bill in the senate. where does it go from here? does congress get a role or is it left for us to fight about it? >> did greg authorize that you could use his greenroom line? umm, a bunch of responses to what's going on on the safety front. we talked about this a couple weeks ago on the issue of all women's colleges. i went to an all women's college. i've been very clear in what i think about that, and that i

think biological women's spaces are important, and that all people who come from traditionally underserved groups or disadvantaged groups are not the same. that doesn't mean they're not all worth something, and they aren't all entitled to a good and happy life, but there are key differences. if we're going to talk about the safety issue, i'd like to talk about the tremendous spike in attacks, violent crimes targeted at transgender people, going on across the country. to jordan peterson's point, or what leah thomas was talking about, and what riley gaines has been talking about, it is important to treat people with dignity and respect when you are talking about these issues. part of that is using the correct pronouns. >> no. >> yes, it is. >> no. >> it doesn't hurt you at all to call leah thomas -- >> it does. it makes me a liar. it makes me a liar. >> why? >> do not control my language. you have no right to compel me to say anything. that's the beauty of this world. >> but i have the right to

express my opinion. >> yes, you absolutely do. >> right. on the feminism issue, though, women in general and feminists, of which which i am, and content is for today, are all supportive transpeople and trans rights. that doesn't necessarily mean that we are immune to understanding the competitive aspect of what this is on the college level, the high school level, and beyond. that's what i thought that the biden rule did well actually, in differentating what goes on among 6-year-olds and what goes on at the college level. kids are competing for scholarships, who want to go on, compete professionally. that's obviously a very different field than -- >> i don't see how you can have the biden rule and also not support not having surgeries and things before age 18. >> can i make a point? there's a trend in jessica's

defense, when you make criticism, then you're connected to attacks against these groups. we should be able to criticize anything and not be blamed for a rise in attacks against trans. trans are maybe a tenth of a percent of the population. you have to work hard to seek one out. >> people point out that more white people are -- >> forget homework and deadlines. liberals think kids neat equitable grading in order to succeed. i'm gonna pull over and stretch my legs. i think you were supposed to keep left there. hmm? what is this place? the other side of the rest stop. bundles as far as the eye can see. if you're looking for a first mate, i know a guy. me. i'm the guy. is this oak? [ sniffs ] four types of jerky. this is where i live now. you could save a ton with progressive

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full-proof way to get her son jackson from crying. watch here. >> play -- ♪ >> the get low remedy is entirely out of left field. she listened to lil' john on repeat third trimester trying to induce labor. i hope you love that. >> greg: i hope it doesn't make stripper baby. >> greg: jimmy failia, katie pavlich. kat timpf, she is back. number one book. let's do. this this. if you are incoming french in college do you know what sucks? what about about the dorm roommate this day and age could be a freak. that's why you want a robot. here is a robot ucla.

look at that believe it or not the fastest moving robot i think it's 4.6 miles per hour strolling the ucla campus. it was designed at ucla, i guess. but if you can get that as a dorm mate, do it. >> stylish robot. >> joe: he moves faster than me we have the same leg. >> judge jeanine: you are a good one to have on. >> greg: is he on tender. >> judge jeanine: how much pay for this paper bag. selling this brown leather bag that looks like a paper bag for $2,500. and if anybody out there's to buy one go to pottega veneta. >> katie: last night 25th anniversary celebration of the young american foundation saving the reagan ranch. i was there with my husband and i was honored to introduce mark

levin. he was given an award that night. the frank there we are former governor scott walker. former president. there we are at the ranch. amazing time. thanks partner for the fox news debate in august as well. stay tuned for that. >> joe: i don't think we have time for it save it for bitter. >> judge jeanine: that's it for us. "special report" is up next. hey, bret. >> bret: hey, judge. thank you. good evening and welcome to "special report." i'm bret baier. breaking tonight, fox news can confirm today, former vice president mike pence testified before a federal grand jury investigating the aftermath of the 2020 election and the january 6th 2021 capitol riot. the testimony came just hours after a federal appeals court denied former president donald trump's emergency legal efforts to block pence's appearance. correspondent david spunt is at the justice department with the breaking details. good evening, david. >> bret, good evening. we knew this would happen at