we need to have new leadership. lucille it's happened in the last two election cycles, as pointed out. >> neil: governor, thank you very much. we have a lot of breaking news and you are kind enough to indulge us. the candidate on the republican side. there will be more. the governor has outlined that. that will do it for us. >> hello, everybody. i am martha mccallum along with judge jeanine pirro, jessica tarlov, jesse watters, greg gutfeld. it's 5:00 in new york city and this is "the five." judge jeanine pirro has an extensive interview with daniel penny's attorney, the marine who was charged with second-degree manslaughter in the subway death of jordan neely in new york. we've got much more coming on that but first this huge news

this afternoon and a fox news alert. the long-awaited durham report, four years later, has finally been released. special counsel john durham found the department of justice and the fbi "failed to uphold their mission" and never should have launched the trump-russia investigation. david spunt is standing by and then we will dig into it. >> hi, everyone. literally four years, may 13, 2019, that's when john durham then u.s. attorney in connecticut was tapped to look at the origins of the trump-russia probe. he wrote today and his 306 page report that their findings are sobering. there is one big being here. that the hillary clinton campaign was treated much differently than the donald trump campaign. i want to pull out one important quote here. this is one of many he wrote. "we conclude that the department and the fbi failed to uphold their important mission of

strict fidelity to the law in connection with certain events and activities described in this report." first we have to go back to the year 2016, 2017, the primary focus of this report. the overarching theme. jerome says the fbi russian investigation called crossfire hurricane without the proper ba. crossfire hurricane is the umbrella name for the investigation into alleged connection between the trump campaign and russia. durham took two cases to trial of the past four years and lost them both. the first michael sussman, cyber lawyer with ties to the clinton campaign, the other igor danchenko, russian intelligence. the steele dossier full of salacious allegations. a former fbi attorney pleaded guilty to altering a document used to surveil a trump campaign aid. the fbi was then under the leadership of jim comey. has changed many times since then. several layers of leadership.

the affair putting on a today. have those reforms been a place since 2016 the missteps identify the report could've been prevented. this report reinforces the importance of ensuring the fbi continues to do its work with the rigor, objectivity, and professionals in the american people deserve and rightly expect. president biden's attorney general merrick garland received this durham report on friday, looked at it over the weekend, gave it to congress and transmitted it to the public without making any changes. it is the way that durham wanted to be. >> martha: david spunt, thank you very much. this has been, as david said, four years and millions of dollars in the making. in just the first few pages you get a very strong sense of what they determine which is what we've been talking about here for years. that is the school crossfire hurricane investigation was launched on the thinnest thread from an australian informant.

they ignored with their own russian analysts were telling them. at the same time they had similar inquiries into the hillary clinton campaign which they put -- which they shelved and ignored complete leave. it's so clear in reading through this document that andrew mccabe and peter strzok peter strzok and james comey who was at the top of the fbi had a plan that they executed regardless of what the facts were and it falls i think quite cleanly into a trump during german that had its grip on the fbi in the wake of the 2016 election. there is so much contradictory behavior here from the way that trump was treated on the way that the clinton campaign was treated. this is an enormous endorsement. i said earlier, show many media organizations have so much egg on their face today. i was looking at the lower thirds of the other channels. fbi says there was no foundation for this investigation.

my mind is replaying jim brennan, james clapper waiting for all these indictments. it's appalling what was thrust upon the american people with this story when you dig into how little they built all of us on. >> judge jeanine: it's not just the legal piece where they say the fbi and the doj failed to uphold their mission to the strict fidelity to the law. they split this country apart. they had families not talking to each other, parties more and more divided and here we are seven years later, still divided and yet everything that we said is true. everything that we accuse them love was true. jim comey had no right to come out and say no reasonable prosecutor would try hillary. this guy kevin clinesmith, where are the defendants? kleinsmith actually altered the basis for a warrant. he is still practicing law.

durham lost two cases. certainly, i have to tell you i am disgusted. it's all words. more disgusted that the fbi comes out and said his head those reforms been in place, none of this would ever have happened. that is baloney and i'll tell you why it's baloney. because we have people protesting the supreme court justices home trying to get them to change an impending decision, federal statute. there was no arrest. we have the doj saying parents are domestic terrorists. we had -- have been having an out-of-control intelligence agency. 51 intelligence agents lying about russian disinformation. doj, fbi. they are not afraid of anything anymore because none of them are having their feet held to the fire. "the new york times" with "the washington post" going to return the pulitzers? >> martha: absolutely. jesse, you look at this case. i think about that day james comey was fired and the

horrified reactions from other networks, right? i am thinking, there was every reason to fire him. he was still in place he should have been fired today based on his absolute negligence. not only negligence, manipulation of the truth. >> jesse: democrats win elections and we get a report 4 years old that told us everything we already knew. we already knew that they framed donald trump for treason. we knew the fact that hillary created the russia collusion hoax. we knew barack obama was briefed on crooked scam to link them to russia and we knew that they fabricated evidence to spy on the trump campaign. obama administration officials spied on the trump campaign illegally based on a hoax that crooked cooked kind of a clean develop with the mueller investigation which was a fake investigation designed to tee up

an impeachment that didn't work. here's what we do know. we've know this. we did know that the fbi shutdown investigations into the clinton foundation. we didn't know that they shut down investigations into illegal foreign contributions to the clinton campaign. also new details that durham brings out, c comey pushed hard for the fisa. the fbi told their officials, don't write anything down. don't put anything in writing because they knew this was nasty. also it looks like the tape came from the democrats, never even came from the russians, never came from the ritz-carlton. he from that dolan cat that created pee tape. a bunch of people refused to cooperate with john durham so we still don't even really know the full truth. and told you.

he wasn't going to deliver. >> martha: jessica, where to the american people go to get two years of the presidency that they voted for beck? because the president was under this cloud nonstop during his presidency. >> jesse: should get a redo. >> martha: who needs an who needs to apologize? >> jessica: donald trump got some of his best moments out of the quote russia" collusion. >> martha: do the american people. >> jessica: he fed off of it. >> martha: you are saying someone benefited? >> jessica: trump, who is a showman, benefited by being a victim of this and that's why he continues to proliferate the image that he is a victim. >> jesse: he is a victim. >> jessica: here's the thing with the john durham investigation. if what jesse just said is true, why are there no new charges? why did someone put out a threat or six page report and everyone just goes home, goes about their

business. >> jesse: an inside job, jessica. they protect their own. >> jessica: may be they are just losers. maybe there isn't truth to what you have been arguing all along here by just saying. >> jesse: wait, wait, wait. >> jessica: the report. two things about the report. the report says that there's truths and that the point was to find whether any person or entity violated the law. john durham curtail this but he doesn't find any legal lawbreaking. otherwise he would bring a new charges. he tried three times. one low-level conviction and two acquittals. >> martha: so it's okay for the fbi to minnick late with the american people think based on lies? >> jessica: no. absolutely not okay. they should've told the trump campaign if there was someone trying to influence but the only person who lost out was hillary clinton. jim comey said they had a second investigation open into her emails and didn't know anything.

>> judge jeanine: she didn't get indicted for -- >> martha: they want to make sure we mention former president tom, this is his first statement about this. he says "i and much more portly than american public have been victims of the long-running trees in a charade sorted by the democrats, by comey. there was a heavy price to pay for for putting our country through this." >> judge jeanine: there is no price and that's the response. you get too high up, nobody p pays. >> greg: i just can't wait until i am falsely accused of something. i'm going to have so much fun because i hear it's great for your career. the moment someone accuses me of something, jessica, i'm going to run with it. accuse me now with something please. >> jessica: i am thinking. >> greg: i'm sure you are. there was a point i made years ago, if you have people saying that the country will not survive trump then your moral duty is to cheat, right? you should cheat. somebody is telling everybody

this person is a modern-day hitler, it's your duty to do whatever is possible to stop him. in fact, if you play by the rules, you are a traitor. they created a devil that was so big and so vast they made all actions permissible. they made every institution, as the judge was saying, subject to suspicion. you can bury stories, create hoaxes, fund smears. it can go anywhere because this person must be stopped. it's hitler, existential threat. now we are left in none of it is true. half a decade hoax that infected and undermined every institution. and then people make fun of people who are skeptical about an election? why shouldn't they be skeptical about an election when the doj and the fbi and the mainstream media and the tech companies and the chamber of commerce are all in on the same thing?

why shouldn't the election be called into question. shouldn't a hero try to fix the election? if you're up against hitler, that's where we ended up. you can't condemn people for so-called conspiracy theories when you are going around telling everybody this guy was worse than hitler. >> jesse: if you listen to jessica's argument that you're going to be hearing this all day on the other networks, because the justice department didn't indict the justice department and that means everything was fine because they got away with it. >> jessica: know it means that if you have all these people who during the mueller investigation from trump's team, michael flynn, roger stone et cetera, they were able to find real things to convict them off and you can't confine -- you can't find them on the clinton side. >> judge jeanine: there is exculpatory evidence. >> martha: what is clear is that the justice system is not blind. it had a lot of things on both

sides, chose not to pursue those, chose to pursue the others and that's a choice that should never be made. >> judge jeanine: and the democrats weaponized the justice system in america had no faith. >> jesse: happy because you got away with it. >> martha: coming up, judge janine's exclusive interview with daniel penny's attorney. here the marine's side. we need to follow the story closely what happened. at red land cotton, the bedding start right here on our family's cotton farm in north alabama. the heartland of america. we rely on hard work and honest manufacturing to deliver high quality, heirloom inspired bedding, bath towels and more, all made in the usa. experience the farm to home difference for yourself. go to red land cotton dot com and receive

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♪ ♪ >> jesse: judge janine getting an exquisite interview with

daniel penny's attorney. he is facing a second-degree manslaughter charge. his attorney sharing the marine's side of the story for the first time and explaining why penny stepped in. >> what was his mind-set when he put jordan neely in a choke hold? >> well, the mind-set is pretty simple. he was fearful for the safety of those passengers. when he acted, his mind-set was to keep his fellow passengers safe from attack. neely entering the train and acting in a very violent manner. both physically and with the words. saying things to the effect, i need certain things. i need food, this or that and if i don't get it, i don't care if i go to prison for the rest of my life and the passengers had actually said they interpreted that to mean, when would you go to prison for the rest of your life? if you kill somebody. everybody got the message. there was a period of time where

the situation developed. a period of time to be able to observe mr. neely swinging his arms at passengers, throwing his jacket down. making threats. >> jesse: penny and the attorneys have said they have fully cooperated with the radical d.a. alvin bragg. >> judge jeanine: how did you find out about the charges? >> we were told that there was going to be a grand jury presentation and that would take some time. it was going to be a very kind of deliberate process. it was not going to be rushed. then suddenly we got a call one night before daniel's to surrender. he's got to surrender to the police department tomorrow. at that point, what you mean tomorrow? this was going to be a long process. suddenly it is tomorrow. >> jesse: penny's attorney pushing back on saying that it

was racially motivated. >> judge jeanine: daniel has been called a murderer by some, vigilante by others. many claim he acted based on race. what do you say to those people? >> none of that is based on the facts. as to race, it's simply not the motivation for danny. he is the one that put himself in danger to save who? all the people on that train. black people, brown people, white people. it didn't matter to danny. danny put his life at risk to save all those people. has nothing to do with race. >> jesse: nice job with the attorney. when he told you that witnesses on the subway felt they were in danger of losing their lives, what will that mean for the actual trial? >> judge jeanine: everything. if the grand jury makes the decision to return a true bill which is an indictment a nice bike that's what's going to

happen on the return date of july 17, if they returned an indictment that means everything. it's whether or not daniel penny was reasonable in light of the circumstances and the circumstances are based upon what the attorney described, he said we were underground. we were in a car. some people had cell service, some didn't. they were trying to call the police. people were moving away. they were afraid. he said there was nothing anyone could do. this guy, as you heard him say, was willing to die and willing to go to prison for the rest of his life. all of this is about reasonableness, based upon not one thing. the whole totality of circumstances and whether or not daniel penny acted reasonably. the interesting thing is when i asked the question. he has been arrested 44 times, jordan neely. he said whether he knew that or didn't know that, it didn't

matter. what mattered was what he felt in the car in that moment when no one could escape and no police could get in. the fact that people actually came out afterwards and thanked him for helping them indicates that there was a great deal of fear on the part of people in that car. by the way, the interesting thing. today i was talking to someone and they said, i was on that same train that day. we had a crazy person in our train car and we were calling the police and we were like, great, they stop the train. the police were coming. he said they went to a different car. they didn't come to my car. think about the jury. if it's a manhattan jury, new york city juries in order to like to be on the subway. >> jesse: i wonder what changed in bragg's office because they were cooperating and all of a sudden, something flips. do you think public pressure played any role? >> martha: andy mccarthy who i had on earlier did a great piece the national review to they were and he just talks

about the political nature of what's going on in new york. you cannot have -- this is not a justice system where it's based on facts of the case and whether or not he should pursue it. clearly he jumped the gun because people were jumping down into the subway and protesting all over the place and screaming in the faces of police officers. i'm not sure why they were doing that because the police didn't have anything to do with the situation. they got there in 6 minutes to try to help. this is going to be very, very interesting, this case. this young man acted spontaneously based on what he understood about the situation but i think it will come down, and drugs you can tell me if i'm wrong on this, to whether or not he had to restrain him in that way for the length of time that he did. could he have restrained him in another way that wouldn't have caused his death. >> judge jeanine: i think it's going to be based on the circumstances. we still don't have the complete autopsy report. we don't have the toxicology. it was a rush to get the autopsy

report, rush to issue a felony complaint. politicization, weaponization again by a progressive d.a. >> jesse: and the marine has raised somewhere above $2 million for legal defense. >> greg: i don't offense enough. to fight a mob. right now they left wants a george floyd but the world of seeing kyle rittenhouse meal the reason why we are going to live through another high tension cases because city hall and bragg came to a handful of protesters. i think it was cornelia. you mention how quiet it gods before this came down. let's not forget the protesters were standing on subway tracks. you've got to be seriously crazy to do that unless you knew that it was turned off or nothing was going to happen. they knew ahead of time. it raises this problem. what happens if the trial

doesn't go by the expectations of the protesters? this is what's happening. we are being extorted. this is theme mob versus the money. he gets money for the defense but the mob is saying that if you don't string him up, the city burns. they did billions in damages post george floyd for no reason at all. there was a case going on. nobody was trying to hurt anybody. dozens of people died because of those riots. the city leaders let that happen. they gave it the okay. they said it's justified. in this case, by leading these protesters, the are creating another tinderbox. i am going to be out of the city well before that happens. >> jesse: did you learn anything from the interview with the attorney that we just saw that you didn't know before? >> jessica: obviously insight into what he has been talking about with his client, with their defense will look like. it's more clear what the day looked like and i agree with

jesse, you did a wonderful job, judge. i find this case completely fascinating on every level. one of those where there is almost complete agreement between people. i haven't heard anyone say that jordan neely's death wasn't a tragedy. to be a few jerks have. but nobody saying that we would speak to on a normal basis has said that this guy deserved to die. every drip of extra information that we get paints a picture of a marine who acted, who tried to ensure his safety afterwards, we know that he was breathing when he let go of the choke hold from the video and put him in the recovery position. that for me change the way that i viewed this to know this was someone who was clearly -- felt like he was protecting people and he had assistance. i still don't know in the buttes and the full interview, why no one else was charged with anything because there were thre people helping him.

>> judge jeanine: they haven't been charged. >> jessica: i find that strange. i wonder if something will come of that. greg, when you said people want this to be george floyd. i haven't written down here, it just isn't. it's telling to see $2 million plus in daniel penny's fund and only a little over 100k in the jordan neely fund. people do give to these. they feel, liberal and middle-of-the-road republican whenever it is, there they are not getting a full picture. the portrayal of this as just a white law enforcement official got on a train and killed an innocent black man is not what this is. people are acting with their pocketbooks. >> judge jeanine: it's got nothing to do with that. >> jesse: if you want to see more of the judges interview with daniel penny's attorney, you can go to foxnews.com right now or after "the five." up next, joe biden using a commencement speech to call america racist.

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♪ ♪ >> judge jeanine: president biden likes to portray himself as the uniter in chief but is catching a lot of flak over a very divisive commencement speech. biden was addressing the graduating class at a historically black college, howard university, and focusing a lot on race. >> wayne noel american history is not always been a fairy tale. the harsh reality that racism has long tore us apart. it's a battle it's never really over. enough of us have the guts in the hearts to stand up for the best in us. to choose love over hate community over disunion, progress over retreat, to stand

up against the poison of white supremacy, as i did my address to signal out as the most dangerous to our homeland, white supremacy. >> judge jeanine: wow. i'll start with you, martha. biden's approval rating right now among blacks is at 52% when he first took office i believe he was at 82%. so i suspect this race baiting nonsense that he is promoting is not doing him a service. >> martha: i think you're right. i think there's been a movement in the black vote over the last several presidential elections. i think most people in this country want to be treated, and the words of president obama, is not black america or white america but the united states of america and they would be really nice to hear the president who ran on a platform of uniting the country really focus on that, that we have much more in common than what divides us, right? wouldn't that be -- honestly i think his poll

numbers would go shooting higher if he took that kind of perspective and encouraged those individuals who are having a graduation ceremony. i commend all of them. to embrace that in as they move forward and urge excellence for everybody. >> judge jeanine: jesse, biden didn't talk like this in the '80s, '90s, 2000s. just the opposite. why all of a sudden is white supremacy the biggest threat when race relations have improved? >> jesse: he used to talk at clan members' funerals from what i remember. they're going to keep trying to divide us. this is a very good school, if you graduated from howard university, you're going places. you're going to be working for white people and white people are going to be working for you. to have the president come there and feed them stuff like they are victims of white supremacy is such a disappointment. you know what the biggest domestic threat is to young black men in this country? other young black men with guns.

that's the truth. if you just talk wrong numbers, you've got health issues to worry about. coronavirus killed a million people. you have absent fathers. education issues. maybe there is a mass shooter who is a white supremacist, a couple times a year. but in terms of the biggest threat to these very intelligent black people that have the world at their fingertips, this is not something that i would be drilling into their heads. this is something that proves that white supremacy is not what people think it is. they rank all of the ethnicities on income in this country. indian americans make $100,000 year on average. filipino americans, japanese-americans, chinese americans. all make more money on average than white americans. hispanic americans make more money on average than african americans. it's all based on education. it's not white supremacy that is

the determining factor. it's education. >> judge jeanine: jessica, i think it is borderline abuse the way biden promotes this in school so that young white kids are made to feel that any positivity that they have for themselves is really the result of white supremacy. it's the result of their being privileged. it's almost taking away the pride that they can have in themselves. >> jessica: first of all, i don't think there's anything president biden could say that you guys would particularly like. i've never heard you paying him in oratorical complement or said that he really struck the right tone. something is always wrong. this is consistently what he talks about and it is rooted in truth. the attorney general and -- you say that it's shooting every once in a while. we are ten days past the allen,

texas, outlet mall where the guy had swastikas on him. takes off little kids' faces. we have manifestoes. people go into walmart and say they want to get rid of brown people. it's a serious threat. he is trying to draw a distinction between how his administration and how he sees the world versus the previous administration, what could be a new administration coming in who doesn't seem to be bothered by it at all. tremendous amount of achievements the biden administration is done improving the lives of black people. lowest black unemployment rate. investments in hbcus like howard university. the infrastructure bill. that's what he's trying to do. the abc "washington post" poll is a complete outlier in terms of support and trump beating biden. but in terms of black support and latino support. that number is off. >> judge jeanine: abc's poll is not accurate? >> jessica: there was a trend

line from it but a poll came out the next day that showed the exact opposite findings. >> judge jeanine: greg, do you want to wrap this up? >> greg: i think it's time white people stop lying to the black people. why do we lie to them? why do we tell them when you get out in the real world, this is what you're going to face. it's an outright lie. white supremacy is not a threat to them. if you look at the adl, very biased towards labeling everything racist, they found 25 murders in 2022 to beaded extremism. of 26,000 homicides. 25 murders, to mass shootings. it's rare. it's ugly. it's rare. but it sure as hell ain't the number one threat. the most obvious lie you could come up with. he's lying. you have to ask. why do you light a black people? why do you lie to black people? why do liberals feel they have

to do that? because they need to keep blacks angry. they need to keep blacks close to them. this does not serve black people. if it doesn't serve black people, he doesn't serve white people either because it creates conflict. the people who need to cleave black from white do so because they realize there's profit in discontent. they are rent seeking. as long as it's a problem, racism or homelessness, billion dollars went to homelessness. we don't know where it went. you need a persistent crisis in order to keep your job. consultants and corporations. activists. you've got to keep this lie going. once blacks walk away from this lot, they are going to be happy but they are going to be pissed and i am so good to be there for that. >> judge jeanine: amen. up next, this is rich. socialist bernie sanders cashing in on his book that bashes capitalism.

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♪ ♪ >> greg: he is everywhere. bernie sanders selling "it's okay to be angry a card-carrying communist when will you decide to condemn this ideology? >> jessica: communism, bernie sanders, democratic party? or do you want me to go? >> greg: i'm glad you agree they are all the same.

>> jessica: the pooh-pooh platter. i've never been the biggest bernie gal. i hundred 70,000, it's better when you lead with the three homes. he believes in capitalism. he thinks millionaires and billionaires need to pay more of their fair share. >> greg: he shifted to his attack on billionaires after he became the millionaire. >> judge jeanine: that is so true. a socialist is simply capitalist who hasn't come into money yet and that's my bernie is constantly changing. millionaire to billionaire. this guy promoted himself as a democrat socialist in 2015 and 16 and talked about how venezuela was so great and how we could be venezuela purity had it on his united states senate website. he wrote a book included that. he is just an anti-guy.

just a negative anything, everything. >> greg: what do you think, martha? >> martha: you know, i mean he is very much in favor of increasing taxes and government growing and growing and growing and taking four of everything people's lives and as long as he doesn't mind having a larger and larger chunk of his money taken away from him at the end of the day, that i don't begrudge him making the money that he makes. if he's okay with a 60% tax bracket and loves signing away all that money, that is putting his money where his mouth is. >> greg: what about you, jesse? >> jesse: bernie is boring. bernie is only fun when a republican is in office. when aepn is in office he can't stop talking about raising taxes on rich people and now that joe biden is in office he never talks about raising taxes. we just hear stupid stuff about his royalties which i think he should maybe spend on new clothes. maybe a new haircut.

>> jessica: he is on brand all the time which is what's great about him. crunchy gold. >> greg: it is a dumb segment, right? >> jesse: you think? >> greg: we had some really strong segments. we knew. it's fine. it sucked. up next, climate freaks want you to eat the bugs. the subway series is elevating your favorite subs. why mess with the sweet onion teriyaki, chuck? man, this aint messin', it's perfectin'! with marinated chicken and double cheese. sweet and savory... ...kinda like you and me, chuck. bye, peyton. try the refreshed favorites at subway today.

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>> jessica: i am all for going green but this is gross. people are bugging out for a cbs segment that how insects could save the planet from climate change. >> we know how important insects are for the environment but climate researchers say bugs could be a game changer in the fight to protect the planet in ways you may not have imagined. >> jessica: judge, are you going to be eating insects? >> judge jeanine: i am not going to eat bugs to save the planet. i would rather not eat. enough of this nonsense. they want to promote that as a way to save the planet? i am sick of saving the planet. let me live before i die, a couple more years. >> greg: who was that lady?

i don't want to make fun of her if there is something going on. >> judge jeanine: don't make fun of her. >> greg: it is an unusual hairstyle. >> judge jeanine: you can't say that about a woman's hair. >> greg: if you are going to push insects on you, i can say whatever i want. the fact is i want everybody at cbs to start eating insects. if you're going to tell us that this is a great thing from your sanctimonious porch above us all then you should have it in your cvs lunchroom. we should see if they've got crickets. i bet we will just find cri crickets. >> judge jeanine: "fox & friends" would be eating the bugs while they talked about the bugs. we have eaten bugs on this network, i guarantee it. someone on "fox & friends" definitely. >> judge jeanine: how much pounds does a bug go up to? an ounce, half an ounce? >> jesse: saute, little olive oil? >> greg: that is what a

lobster is. >> jessica: "one more thing" is up next. - this is our premium platinum coverage map and this is consumer cellular's map. - i don't see the difference, do you? - well, that one's purple. - [announcer] get the exact same coverage

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♪ >> dana: jessica? >> jessica: so today is national chocolate chip day so what a better way to celebrate than with chocolate chip cookies and all these other ones. >> judge jeanine: i don't want one. >> jesse: stop it. that's not what you said in the commercial break. >> martha: she has picked one over there. >> jessica: our friends cookie crumbs astoria and citi field. mets fan or fan of any other team or citi field which one did you pick? >> judge jeanine: oat meal and raven. >> martha: that's what you wanted? >> jessica: snicker doodle one. passion. cookie crumbs. >> martha: sorry we are out of time apparently. i just wanted to tell you about joey general's new book coming

out joandown 27th titled "unbroken bones of battle" joey tells the story of people and warriors that has become a part of his life story. tribute to the bonds of community and faith during his experience in service and you can preorder it at fox news books.com. >> jesse: all right, joey? >> martha: greg. >> greg: promote my show one minute left here. i will do it really slow. tonight mike baker, morgan ortagus, kat timpf, tyrus, gutfeld. a huge it all over the world now. go ahead. >> jesse: couple guys in chicago found a gigantic snapping turtle and this is how chicago guys find a gigantic snapping turtle. >> is he a massive turtle. is he a snapper? ireal good.proud of you. liquid salad. we have been afternoon been doing that. al does that transgender "sports

illustrated" swimsuit model already happened. >> judge jeanine: launched an adorable collection of minute my size clothing for hampsters, hats, mini headphones. social media reaction is split. some embrace it and some say it's terrible. >> jessica: i embrace. >> martha: that's it for us. "special report" is coming up next. >> bret: i like the chicago turtle. i do. thanks, martha. ♪ good evening, welcome to washington, i'm bret baier. breaking tonight, the long awaited findings from the special prosecutor john durham looking into the beginnings of the probe of alleged collusion between then presidential candidate donald trump and russia. bottom line, durham finds that the investigation into the allegations should never have been launched. correspondent david spunt has our top story from the justice department. good evening, david. >> good evening, bret. john durham began hind