we will see you again tomorrow night. 10:00 p.m. eastern, right here on the record. good night from washington, d.c. hello, everybody, i'm eric biology along with kimberly guilfoyle, dana perino, greg gutfeld, bob beckel. the new york giants hometown and this is "the five." ♪ >> to our top story tonight. has president obama earned a second term? he seems to think so, take a listen. >> i deserve a second term, but we're not done. look, when you and i sat down, we were losing 750,000 jobs a month. and in fact, we've found out a few days before we sat down at that we'd lost that much. 750,000 jobs and now we're creating 250,000.

we created 3.7 million jobs over the last 23 months. we created the most jobs since 2005, manufacturing jobs since 1990. but we're not finished. >> really, mr. president, you deserve more time in the oval office, more rounds of golf and flights aboard air force one more access to money? that's not what you promised three years ago, remember, sir, what you don't love? >> i will be held accountable, i've got four years. >> you know quickly how people feel about what happened. >> that's right, a year from now, i think people are going to see that, we're starting to make some progress, but there is he' still going to be pain out there. if i don't have it done in he three years then it's going to be a one-term proposition. >> dana, deserve, deserve? >> i think deserve and earned are two very different verbs and i think what he could have done last night was to say i'd like to earn it, i have he' worked hard and what i've done

instead into the long diatribe, and sounds like charlie brown's teacher, wa wa wa, and it's different, it still might work and bob is going to talk about the, right now, head to head with romney, obama-- i'm going to-- and sitting there like he's going to explode if we not talk about the poll. >> and we'll skip today in a second. deserve, greg, deserve four more? >> i'd just say that why do we have the super bowl on sunday? i feel absolutely -- i mean, what about the lost productivity. billions of dollars, people like me who can't formulate a thought and i shouldn't be operating machinery. >> or picking out a tie. (laughter) >> and going on, the talking to matt lauer, he's hard hitting attack, and the questions are like--

but i know i'm not making any sense right now. >> at all. >> the only people getting more air time than obama are the-- >> i think s and b. >> thank you. >> and the hey, absolutely, he absolutely deserves another term if you're into failed policies and excessive spending and a deficit. i guess he got the one good quarter into the seasonally adjusted and so it's better numbers, so, yeah. where is the earned and where is the deserved? so far he doesn't have a good record to run on is a problem, but the problem with the republicans is he's still looking great in the numbers. they don't care. >> go ahead, my man. >> not the numbers quite yet and i'm going to respond to this, this diatribe around the table. look, speaks for itself. >> good, then we can stop talking about it. (laughter)

>> come on, come on. >> oh, come on, come on, bob! >> (laughter) >> very reminiscent of ronald reagan the first two years, and doing terribly, wasn't nearly as high as obama in the polls now and yet his program began to work and work and work and i was against him in '84 and he was hitting close to every cycle in his engine and he's getting stronger and stronger and it won't be as easy to be making fun of it, about three or four months from now, particularly when you have the republican candidates. >> and can i just point something out. and we have full years under the obama administration, and obama now, three full years, unemployment is higher. and then when he took over, and gasoline is almost double the price when he took over, home prices are well below. and there is he' nothing to work-- >> you think that. >> three years in. >> see, you take unemployment for the first 60 days, and in office, it was a fun-- >> didn't you just do that

with ronald reagan. >> no, i just said. >> of course you did. >> obama said it was the last 23 months going up and up and up and the last important thing, a thousand new manufacturing jobs and the first time highest since 1990, look, you can make all the fun you want of this, but the fact is that things are getting better and better and i think people are feeling better about it for the first time. now, i would like to call to the poll, so-- >> and can i just say that the thing he deserves a second term? he deserves something because when you think about it-- i think he shouldn't have run again, i think he should run for something larger. >> you want to export him. >> no, like ambassador to the world. yeah, why is he settling for us? we're nothing compared to obama. right? >> and i don't know, some guy that's-- . and ask newt if he could be the head of that moon colony. >> wow. (laughter)

>> what? >> all i can say-- >> and it's difficult to sit here and defend obama and being like the only one on the talk show, i'll take it because i just see these numbers went up and up and up and his programs working more and more and more and i see the republicans falling apart. and his approval numbers the first time. 50% is an important number to get to and that's 50-46. and that's a big change from three or four months ago, getting wetter and better, you've got to look at the time line. >> bob, and it's still within the margin of error of plus or minus 4% so how can it be considered statistically stig. >> i'm agreeing with you that the numbers are important and that romney has a bit after problem there, still hasn't been able to shore up his conservative base, right is? and the negative attacks on

gingrich are driving romney-- >> obama being, the last i saw romney was ahead of obama. and now obama is sitting outside of the margin of error and romney's big e-problem, look at the number of voters, every time this guy is exposed to independent voters and the fact is, the independent voters, by the way, hurting romney a lot. >> and i think that -- i think that anybody, because of the primary, everybody is looking better and even carter's numbers are up. (laughter) >> oh, so, about six months ago, the spin from the democrats, unemployment matters don't matter that much. and more like, do they perceive things could get better in the future? and today, after the quarter that they had, even if you wanted to pick apart the numbers all day long and 1.5-- i believe that for most voters, that's noise and more what bob said, you dig deeper into the poll and battle ground states, it's not

necessarily helping particularly because of housing and the other thing is on the time line. republicans have been locked in a nasty partisan battle and torn each other apart and the smart thing that the white house did was get obama off of the airwaves for a time. it doesn't seem like that, but relatively so. he didn't do 60 minutes last night, did matt lauer instead. >> and right through june, if you remember, and they were still leading, and so, i'm not so sure that-- >> and before we-- we only have a couple minutes and a quick roundup about what happened in nevada. dana, start with you. and saying the numbers? >> a great number for the romney campaign. the one thing is though, the lower participation level of the republicans might show a reflection that they're the not excited. >> what about that, kimberly. >> yes. >> nonconservatives in nevada. >> it's a falling wind and i

think they're struggling with the conservative base and resonate them and like i mention abouted his negatives. >> you know, he's doing a lot better among conservatives than we're giving him credit for. and it does him conservative, but they good answer. >> but. >> no, but he's a very good analyst, but i think what he's saying here, i think all four of these, romney has not done badly among them. ap conservatives, very conservative, he doesn't do quite as well, but the fact is that the turnout. they should be worried about and the other thing, tomorrow in minnesota, he could get knocked down by ron paul. >> i think there was a low turnout. i think it was a problem and mormon base in nevada. >> and donald trump, the greatest living individual on this planet, big loser, however, is math. how come people can't count votes, i think it's like cursive writing, people can't

count. >> and the abacus. has the president seems there's a contraception man dit actually respects religion. more on that on "the five" and e-mail us at thefive. we'll be right back. ♪

♪ >> welcome back to "the five." so last week the the administration realized that it had stirred up a hornets nest when it comes to religious liberty and whether or not the organization would be carved out of obamacare's mandate for providing free contraceptives and includes to some like the morning after pill, which is so this is has been going on for a couple of weeks, and president obama went against, and interestingly, eric, i wonder if you could tell us a little about what you heard because i heard from several people who

attended catholic mass yesterday on sunday who heard from the pulpit the priest reading a letter from the archbishop saying that they're going to fight the administration on this. >> if i may, first of all, wrote kathleen sebelius wrote an op-ed and the bishops had a different take on the ruling and one of the letters read to one of the parishes, friday, january 20th, 2012, will certainly stand at the moment of enormous peril for religious liberty on that day the obama administration announced regulations that would require catholic institutions providing services and goes on to say that very, very detrimental to the catholic practice and against it, no matter what sebelius said and-- >> and the broader point is, go to greg, but the broader point that they're trying to make here is not that there's a debate whether contraception should be use and a lot of women use it.

the conversation is about religious liberty-- >> and i can't get why argue contraception and what sebelius said is that conception rules-- or this ruling respects religion. by using that logic the church providing abortion would be more respectful, am i right. >> i'm not sure i follow you, but-- >> and she said that-- >> doesn't make sense? >> and the rule put forward was carved out of the policy, receiptliscious organization employ people of their own faith. >> and this exemption includes churches and houses of worship and other church and affiliated organizations and that's, in a number of states don't give that, about eight states don't give that exemption. but what i'm finding hard to understand here is that since an overwhelming percentage of the catholic women use birth control or have in the course of their lives, what is wrong

with having it available? they don't have to use it, but-- >> but here is what's wrong with it is that it's the question is whether or not the church is required to provide it for free, and if that goes defense their religious beliefs, then who cares, and you'll also be fined if you don't do it. so it's actually a first amendment, from a legal perspective. >> yes, that's why people are saying it violates their freedom of religion to be able to, now, exercise their religion, if they don't want to provide it and penalized if they don't. and this why this could go up to the supreme court and thank you for awe nighting the catholic church, they're strong on this and it's going to hurt obama. >> and the division-- >> i think you're definitely misreading this, but there are 77 million catholics in the country. >> and you think that 77 million catholics are upset about this. >> well, i would say 98%,

probably. i don't have a poll, bob, just a feeling that i have. >> and about the civil-- >> regarding this ruling, but it's not necessarily about-- contraception is not the question. the question is does the the federal government and the obama administration have the right to violate the free speech laws and we're talking about the catholics right now you could put any other scenario in here. say something about the jewish religion or muslims and there would be a bigger outcry. >> and if there was a muslim hospital in america, and you ask that they serve pork. >> and if you-- >> don't eat pork, have no other choice. >> that's not about-- but requirement, it's a requirement. >> and you don't have to have it either and not forced to take birth control. >> but the op-ed is entitled our rule respects religion. >> she didn't write the headline. >> she didn't write that headline. >> we're balancing this--

how do you balance. >> you're going to tell me that the obama administration didn't write the headline? >> when you're asked to write that op-ed. >> our rule, it begins, and the catholic church has gotten, see themselves out the last decade and probably have their priests among other things. >> oh, come on. >> why are you bringing that? the whole point, the message that the house democrats got passed in first place, and foerl congressman bart stupak to agree to the baloney executive order signed that said under this ruling there would be no compelling contraceptive use, well, three years later, that's the thing and that's what i'm saying. >> i really think, i'm not -- maybe i am being-- why really understand what is compelling. nobody is compelled to use these requirements. >> it's not about you, it's

about provision. they have-- i could set a whole meal in front of you, you don't have to eat it, but if i'm compelled to have to give it to you, or under a penalty of having to pay a fine if i don't, doesn't that cross, that's where-- >> well, i crossed somebody from my train trip up here, a difficult conversation here, but i i thought some of the administration, they have an insurance policy that includes contraceptive use, if you want to use it. now, that's catholic university. why is that different from the-- >> well, let me just-- >> because they're going to be required to provide. >> but he they do. but that's their choice, it's not required. >> and in some schools and hospitals-- >> they're not being, that's their choice, and they can elect to do it which is different from being compelled to in fact carry it, provide it for free without a co-pay. >> and different insurance policies that people are compelled to carry it.

>> it crosses the line of religious liberty. i don't know anything about mental health medicine or something like that. this is religious liberty and not only catholics, but everybody, what you're pro-life or pro choice, should be concerned about this government overreach. >> i predict that the obama administration will cave and should have taken joe biden's advice and don't do this and it's goes to cost them-- >> we're going to move on. other news to get to. there's a father suspected in the death of his wife blew himself up and his two children in an explosion yesterday and people are wondering if enough was done to protect the two boys at the time. and we'll discuss that when we return. ♪

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♪ >> well, the next story is just heart breaking and looks to be an apparent murder, a father blowing himself and his two young boys up. now, you may recall the dad, josh powell, was a person of interest in the disappearance of the boy's mother, his wife, susan. went missing back in december of 2009. and now, powell, was having a sup advised visit with his two sons when he locked the social worker out of the home, blew up the house, and killed his two young boys and dana, obviously, this is a very heart breaking case, this is somebody who was and remains a person of interest, and some may say, even more likely that he is the personal responsible for the the death of his wife and information that came out about the boys drawing in fact, we're learning that the information is that one of the boys was asked by the teachers

do assignment and draw a picture of mommy in the trunk and some suggestion the children were starting to remember some of the details of this. going away for the camping trip in the middle of the winter at 12 midnight. >> nothing added up in the case the last couple of years and closer than we have and it's chilling what you said about the children expressed themselves through pictures because they don't have the words. >> exactly. >> and it gives you, this very sinking feeling and i think that it's good that we're asking ourselves what, else could have been done to protect these boys, and i guess we may never know now. one thing i also think is that the amount of violence against women and husbands or boyfriends killing their spouse or their girlfriend. i don't know whether it has increased or whether we're just reporting on it more so that we know more about something that would happen across the states, but that, i

think, is very troubling and perhaps a wakeup call for other women in trouble to reach out. >> there was a history, eric, of domestic violence, verbal and emotional abuse in the home she had threaten to divorce him and proceed forward, and he said over my dead body, from reports, will you take these boys from me. >> if that was the case, why were the boys camping and still with the father? >> and i was talking to bob, the the problem you brought up the point wasn't there an evaluation, wasn't there a court hearing, a psycho sexual evaluation, bob, was ordered by the judge, okay, to say this this man, josh powell, perhaps was unstable, graphic images on his computer and his own father was in jail for the exact same thing, voyeurism. >> i understand he e-mailed his lawyer a couple of days before, saying this was-- almost like i'm going to do

myself in. it just seems to me, the one person i don't blame here was the social worker. >> she was taking this very badly and trying to do her job and this guy locked her out and so, i hop she doesn't feel, feel responsible, and responsibility ought to be with the people who had the growing amount of evident, at some point you say all right. >> right. >> maybe we at least ought to put a halt to the visits until we get through this psychological evaluation. >> till you figure it out. >> till you figure it out. if you know the guy is unstable, take two or three social works. >> or to a neutral site where there's more than compelling evidence to justify that. if you're that concerned that you're ordering a psycho sexual evaluation and the children are in the home inappropriate to them. why not bring it to the office. >> i have to say the responsibility is wherever the social worker works. she was not accompanied by sheriff's, idiotic. you don't need a psycho sexual

evaluation to know when somebody somebody's-- i saw him in 2009 on fox and this guy just oozed creepiness. >> want to see tfrjts worse than me. >> oh, let's take a look. >> yeah. >> do you know what happened to her. >> no. thank you, and, any help, just try to find her would be appreciated, so, i really-- that's all. we just -- she's somewhere. >> to me, that was just, it was obvious that this guy was lying, and he was involved, and i can't believe he was not-- >> like drew peterson, scott peterson, 2.0, 3.0. >> if i'm not mistaken, his father said that susan was missing had come on to him, onto the the father at some point. at that moment i think if you're a cop or service, i i'd drag the kids out right now. it's not a safe house. >> and all right.

we're going to have to leave it right there and our thoughts with the families of course. and when we come back, it's all about super bowl sunday and yes, greg has some thoughts on the rapper who flipped america the bird, inappropriate, and did you hear what tom brady's wife gisele said after the game? i was looking at what she was wearing. >> i know. >> ♪ 5-hour energy?

when i'm on overtime. when i'm in over my head. when i have to be sharp... no matter how many time zones i've crossed. when i'm on my feet for hours. when it's game time. when the day's only half over but my energy is all gone. when i need the energy to start exercising. every day. every day. every day is a 5-hour energy day. 5-hour energy. every day.

at the super bowl rising eyebrows. ♪ >> the story of my life. well, back to the five.

and switching over from the e-network sex in the city marathon, to catch the super bowl half time and madonna's singer lifts a finger to the world. roll, roll tapers. ♪ >> if you don't know who mia is an okay singer who-- imagine betty boob reading the red book. as militant as she is, she supports the tigers, a violent faction in sri lanka and has her videos in violence and stoned occupy protesters and yeah, she's rebellious, so rebellious that she wed the son after billionaire, i guess being rich is bad only if you have to work for it. so, mia married money lives in

south america, convenient rebellion. the only offensive thing about the the bird flip, she thinks it's offensive. the fink ser about as edgy as a four-year-old throwing a tam trum in wall street. as part of half time, this, yeah, world peace. only madonna could be thick enough to broadcast the world peace message during the world's most violent game and world peace didn't pay for the half time. the naive-- and beat the black eyed peas. that was awful. >> this is worse. >> they've got to fine them, right? >> yeah, one of the things that happened after the jackson episode four years ago was the fcc fined whoever that broadcast that one, and they now have a tape delay here, six or seven seconds on these, the super bowl. and somebody missed it, i mean, you could see it, pretty obvious and they missed it by

a second and nbc apologized for it, but they'll get fined and they should get fined. >> poor janet, the issue, whether or not-- it was nbc that had the super bowl and everybody pays a fine, show us the money we need it. but with janet that was an accident so they say or justin timberlake. >> okay, that show was so overproduced, how many times do you think they practiced it and nbc says there was a spontaneous gesture. i don't buy for a second. nbc has to say, we apologize for that, too, we dropped the words under god for the pledge, we did it twice, double sorry. and they write these, sorry, sorry, sorry. >> and still, great half time. it's lip-synced and it's-- >> i don't know. >> no, no, no, they've all, they've said the last few years, all of these-- all the songs are lip-synced so you can't have a secoven second delay with a lip-synced

song. >> you stole her thunder. >> when she has a great opportunity why would she waste it. >> i don't know if that was lip-synced, i don't know if that was-- . my question, so madonna has an opportunity to be in front of the world again, is she looks amazing is an amazing performer and we love the songs from the '80s and she chooses mia? not even an american, to come on, and to do this thing about world peace? give me a break. did you see blake shelton and miranda lambert. they were fantastic. >> and kelly clarkson. >> why can't we have some america in our football. >> dana perino was watching it if there was more america in the football. >> and talking to fans after the game and giving her a little, and she said you need to catch the ball when you're supposed to catch the ball. my husband cannot expletive, throw the ball and catch the ball at the same time. kimberly, she is he' right. >> i love it, i love an angry

viciously violent supermodel. yes, you go, girl. you tell him. you know. >> and puts tom in an awkward position. >> i think it's bad. so what, she's a supermodel. >> and first of all, football, and catch it, not catch it. >> bob. >> that's bad. >> and her husband in a bad position, i defend my whole team, and nobody would say that as a teammate. >> they should have caught the ball. >> are they not a team. were there not a few people there in the bread basket? >> and the plays-- put tom brady in a bad position, roll the tape of mario manningham. >> yeah, this is unbelievable. >> probably going to go down as one of the best catches. >> that it's not the best catch, that was a remarkable-- >> do you have a clip that you want to show? >> and what was your high moment of the super bowl?

>> or low-- >> when you asked me before i couldn't remember the very beginning when there was a coin toss and whoever it was chose tails, who chooses tails? >> there you go. >> it's not american. >> it's 50-50. >> it's an american coin. >> and they lost and it was heads. once again. >> and more americans needed in football. >> what was your moment, top moment. >> i liked actually the sit down that didn't happen when he-- . and here is my moment. the real winner this have game was me. if you look at my high school, the high school, famous people, barry bonds, tom brady, bill keller, he no longer the editor of the new york times, barry bonds in shame. tom brady, super bowl and i'm the only really shining star of sarah high school. >> do you think that they say, now who went to my high school, barry bonds, and greg gutfeld. and you don't hear much about t me, i'm the shining star of

my high school and winner. >> if you didn't fall. >> what happened to the bay area? >> now, i didn't he see any of the super bowl commercials i was too busy consoling gisele over the phone who called me every break. >> i bet. >> and up next we'll show you some of our favorites, not like you've seen them anywhere else, right? if you leave now i'll not share any more of my clam dip. >> oh, gross. ♪

♪ >> well, the super bowl is over, now what lives on. on before the super bowl, the super bowl ads and people like to apparently watch a lot. the super bowl commercials and this was no exception and people here have their favorites. >> okay, i like the one with the naked m & m's that are so yummy, clothed or not and they're dancing. take a look. >> my shell is brown and it

just looks like my chocolate is showing. only a fool would show up naked. >> so it's that kind of party. hit it ♪ i'm sexy and i know it >> love that, i love it. dance to that. >> and the-- my favorite was the guy the republican, the old clint eastwood and playing dirty harry, better and he did a commercial for chrysler, i believe. and could we show a piece of that. >> and said it can't be done and what's true about that them is true about all of us. this country can't be knocked out with one punch we get right back up and when we do, the world is going to hear the roar of our engines, yeah, it's half time, america and our second half is about to begin. >> and i don't know what you're thinking, but--

>> and i think this is a great testament to american ingenuity and obama bringing the cars back. >> it was a car ad. >> political? >> they almost didn't mention chrysler and this is in the usa today, and no nowhere about the chrysler or the car. >> it's an obama ad, come on. >> halfway, halfway through the term, blah, blah. >> i deserve a second term. >> oh, i get it. >> and it's about industry. you want to ship over seas-- >> you want me to do mine. >> it's a gorgeous car, check it out. >> ♪

>> well, that's a wonderful car. >> it is beautiful, a story book car. and what was the-- the new fiat. >> you figured it out, okay. >> and it won't come as a surprise and i loved one with a dog, i think a st. bernard type thing for the vw. looking in the mirror and doing a little-- and he goes on a diet and exercise program. >> ♪ >> that's a good looking dog. >> hey, boo-boo. >> and greg, we're waiting for yours. >> my ad was for the movie

battleship. >> ♪ we're looking at an extinction level event. they've created a barrier, no one can get in or out. >> wow. it's just like the game battleship, exactly the same. and i cannot wait for kerr plunk, the movie. >> and that is being filmed-- and then the trailers are so long, you already know how it ends. >> to you remember any of the ads, like the predicts? >> the question i was going to ask, certain ads you remember, right. >> i do. >> and which ads do you remember. >> budweiser, the one about prohibition ending and the clydesdales come out. >> mean grow green.

>> you mean in history? >> yeah. >> who sponsored half time. do you remember. >> i do. >> mia. >> an american. >> yeah. >> who response soared. >> clint eastwood. >> nobody remembers that, bridgestone. and i remember the-- >> and also my brother graham, eight or nine years ago and still doing well out there. so, congratulations to bro. all right. one more thing, our one more thing, when i return. ♪

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♪ >> all right. time for one more thing. greg, kick it off. >> i've got two birthdays to mention, ronald reagan's birthday, would have been 101, the only president i've ever met and actually stole his dinner at a private dinner and he had chicken in the kitchen. >> tasteiest i ever ate and red eye's birthday. >> happy birthday. >> that i host at 3 p.m. >> congratulations. >> watch tonight it's our

1149th show we've been here five years and thanks to roger ailes fox news, putting up. >> and you. >> and my day going up-- >> while we're doing the show i got a little picture from my nanny, my little boy roanen taking tie kwan doe, just like mama, and earned his uniform. and there he is in the moves. >> fox news number one. >> and he's over there, fox news is number one, yeah, loves it. >> better learn to fight when he says that. >> and good looking kid. well, mine is, i was called yesterday before the super bowl to go out and see somebody who is nearly sober and worried about seeing on the super bowl and 25 miles from my home in maryland and got lost on the way back and listened to the football on the radio last time was with my dad in 1963 on the radio

and it was a wonderful experience, you can actually listen to radio and listen to the game and i got a lot ought of it i didn't have to do at the super bowl party and greg's-- >> clam dip. but it was something and i enjoyed it and i would suggest somebody watch or listen on the radio. >> listen to fox if you can't. >> that's right. >> there you go, you're not going to like this one. my one last thing, yesterday's super bowl there was an interview with matt lauer and president obama and we got through a few things and another term, the president did, but later on, this morning aired, and excerpts from that interview, and take a look what else mr. obama had to say. >> one of the things about being president you get better as time goes on, get better as time goes on, get better as time goes on. >> like what. not getting better as time goes. >> bob? >> bob was in a good mood and now you've done it. >> that was great. >> he was psyched and happy.

>> and the president, the president is not a record-- >> get better in time, better in team. >> get better and then become president. >> there are some people who do get better with age and experience and my one more thing is we're going to give a little shout out to the queen, queen of england. queen elizabeth 60 years ago today she became the queen after her dad had died. she was on her honeymoon and she had gone up a tree into the tree top for a part of her honeymoon, and went up a princess and came down a queen and she's been a great friend of the united states and a great leader of the country. i would like to propose a toast ladies and gentlemen to the queen. >> the queen. >> long may she reign. >> hear, hear. >> it's not vodka. >> it's tea. >> could she let charles have the throne for a little bit. >> i think we're going straight to william. >> up a tree and became a--