>> why is it that president obama is suddenly invoking executive privilege on documents that we were told yesterday would be glad to give to us? >> for the past year, we've been holding the attorney general to an impossible standard. >> this activity went on under both administrations. it shouldn't be a political witch hunt. >> holding the attorney general in contempt is the only way to send a strong message. to this administration, and future ones that no one is above the law. >> andrea: that was a party line vote today. 23-17. found in contempt. we learn now that the vote will be a full house vote next week. we don't know the date. but big implications for white house, especially after holder said i'll give you the documents. he then said no, and obama says all right, executive privilege. >> eric: i spent the best part of yesterday and today thinking of this, researching, looking through some stuff. i put something together. look, i don't know if this is why the president decided on

the morning of this vote to assert exective privilege. take a look at the full screen. i'll telestrate it a little bit, though. i don't have it on here, guys. so i'll just explain it. on the left. february 4, 2011, this letter i'm holding up in my hand, the department of justice denies any knowledge of gunrunning. put the full screen back up again. december 2, 2011, nine months later, they retract that denial. in between that time, this is important. first of all, darrell issa wants to know what went on in that time. in between that time, take a listen to what president obama says to univision. listen. >> did you operate the operation with president calderon sworn about? >> first of all, i did not authorize it. eric holder, the attorney general authorized it. >> who authorized it? >> we don't have all the facts. that's why the i.g. is in

business, to collect the facts. >> you were not even informed about it? >> absolutely not. >> eric: here is the problem, absolutely not. attorney general didn't know about it, president obama claims he didn't know about it. but we know on february 4, they said they didn't know on december 2, they said they did know. they retracted the denial. and there are a whole lot of e-mails i have here that show that very high levels of the department of justice, people did know about it. at one point they said tie it to deliverance. it's not a -- it's a d.e.a. program. a lot was known. did president obama know and covering up for eric holder? or did eric holder know and he was trying to lie to president obama to shield -- >> bob: i thought deliverance was a movie? >> eric: no. it's a program. >> andrea: in the letter, this is what makes me think it's part of the deliberative process that president obama may not have known.

two ways to invoke executive privilege. one could be whether or not president obama knew about it, the senior officials or if somebody in the agency, d.o.j., was mapping out a response, program, the decision could have ended up on president obama's desk. there could be a chance he didn't know about it. >> dana: or someone within the white house. this is program we learn from the "new york times" deliberate on individuals that will be killed on drone attacks around the world. a little micro manager. take him at his word and say he didn't know about it. the department of justice had been good until now about shielding the white house from this and keeping it apart. by asking president obama to assert executive privilege, there are a lot of different levels. a complicated law. what you're saying is within the deliberative discussion, there was some sort of letter or communication in between that time frame that might

have said someone in the justice department knew or didn't know. there is something there. one reason this is hisser to rick, you usually can reach some accommodation. eric holder said he thought he had offered what he thought was reasonable. the committee rejected that. that is how they ended up with the vote today. >> eric: you said you think -- >> andrea: you said you think you can predict what the vote will be. >> bob: there won't be a vote next week. congress has no right to external communications of the executive branch of government. none. this is playing a game of politics, republicans are. party line vote. i thought the graphic was pretty. >> dana: that is not true. >> andrea: historically -- >> dana: that congress doesn't have right -- >> bob: internal communications? >> dana: executive office of the president you have circles so someone works directly for the president, they are protected. that's why in the bush administration if you want to make a comparison, president bush asked for executive privilege for josh bolton and harriet meyers in the u.s. attorney issue. they never had to go to contempt vote because they reached accommodation.

they worked for the president. at the justice department, those people don't work in the executive office of the president. that's why i say it's more complicated than saying they don't have a right to it. they do. >> andrea: why don't you say it won't happen, though? >> bob: first of all, i have to go against you about the historic vote. world war ii is historic vote. my birthday was an historic vote. this is not historic. it happened ten times in the bush administration, 14 times in the clinton administration. >> dana: a criminal contempt -- >> bob: no, vote for executive privilege. this went to criminal contempt because darrell issa who knows a lot about criminal contempt decided they wanted to play politics. what they asked for here is internal communication. eric holder does work for the president of the united states. he went to the president because they were fishing here for more than they have a rightt to have. i hope they hold the feet t albz

did testify and turn over dock meants. >> bob: he testified and turned over -- >> andrea: bob, why don't has by on part of the administration to try to hide behind executive privilege every time there is something a little shaky that is taking place. i think the administration would be best served by coming clean on this. >> andrea: greg? >> greg: yes. >> andrea: you heard the president basically contracting himself. >> greg: i doesn't listening to him. >> andrea: oh, no. >> greg: i was thinking that eric holder should change his name to eric withholder. >> eric: nicely done. >> greg: this drives me crazy. i'm going to make a couple of points and then i'll get a glass of water. we had 2,000 weapons walk in to mexico which fueled cartel violence and killed hundreds of people. so why isn't president calderon commenting on to commen this dream act but not the

ream act this literally killed hundreds of his own citizen. >> dana: over 200. >> greg: yeah. another thing, based on the whole idea on a narrow subset of documents the argument is there are things that the public should not hear. and they are within these documents but that doesn't include apparently information on a secret computer virus to fight iran. it doesn't include a president developing a kill list. it doesn't include identifying a doctor who helped get bin laden. so apparently when it comes to releasing information, the white house is like a prostitute who rediscovers her virginity. suddenly, they are holding back the info. >> bob: that is good. first, there are 50,000 people kill in the drug war south of the border. if they hadn't gotten these guns they would have gotten other guns. >> greg: how is that an arguement? >> bob: i think it's a good argument. >> greg: so they don't get them from us? >> bob: a lot of discussion taking place in the executive branch of government where you have a right to have your discussions internally protected. the congress has no rights. >> dana: "i" agree.

unless it's shielding -- >> eric: until it's shielding. exactly. i'll read an e-mail from we weinstein to person right under eric holder. from the briefing, atf let a bunch of guns walk to get upstream conspirators but didn't recover many guns. some discovered in mexico after used in crimes. i think the best way to announce this without highlighting the negative part of the story and risking embarrassing atf is -- >> bob: how did you get the document >> eric: this is a coverup. >> bob: a coverup? a coverup? watergate now, is that -- >> greg: can i read a quote. >> eric: when president obama signed executive privilege i think he has made this as big as watergate and iran contra. >> greg: i want to read a quote. president can't claim executive privilege to hide

information needed for criminal investigation. congress should exercise all authority to get details on crimes broken. who said that? the director of the american civil libertys union in 2007. >> bob: they will linep with the republicans on this. they will. they always do. >> andrea: do republicans risk looking a bit distracted if they keep focusing on this? the left would argue that the details of fast and furious, how this was formed, terry's death, this is not in the communication of the documents that issa is looking for. what are they looking for? besides -- >> bob: he read internal communication. i don't know how you got it but you did. shouldn't be. the answer is the republicans they want to play this game out. let them play it out. i go back to eric's point is the economy has not been talked about all week. this is dominating the entire discussion. it's a ridiculous, obsurd, issa -- >> greg: would it help obama, then? >> bob: sure. i think sure. the courts are not going to

side -- >> greg: this is scary when the scandal helps obama. >> dana: i disagree. it hurts them because the present owns the stonewalling. if they continue to stonewall and don't reach accommodation of the congrsman and the family of brian terry, have a little information he owns it. plus he would haven't the information at all. we wouldn't know any of this. unless there was congress. so you have a -- so you have a lot to thank the republicans for bringing republics to the majority in congress. >> bob: you call it stonewalling. is that a fact? stonewalling? >> dana: they're exerting executive privilege. >> bob: that is not stonewalling. that's a right. >> dana: if they prove the documents belong in executive privilege, they will be fine. >> bob: i think they will. >> andrea: hold that thought. much more to come next on the breaking news in washington today. later, take a listen to this.

[ chanting ] >> area: yes, you heard right. grown adults heckling kids for singing patriotic songs and waving american flags. are you kidding me? stay with us. ♪ ♪

♪ chairman, let me be very clear. bring them all. bring everybody before this committee. anyone who has information about gun walking. bring the information before the committee, because gun walking is wrong. no matter what administration does it. so bring the republicans and bring the democrats and bring the full moose party and bring the wigs. bring them all. >> bob: that was an intelligent statement. >> eric: we'll continue the "fast and furious" whatever, trial, hearing that was going on, on the hill today. but before the break, greg asked something very important. is this, is this in ils quirky way helped the obama administration re-election campaign? >> andrea: i think it can. i think they believe it will. i think obama wants this fight with republicans. i think that he would rather talk about anything but the

economy. he would rather have the republicans screaming about the second amendment and guns because optics benefit him rather than screaming about the economy and how he hasn't produced jobs. that is my thinking. the second amendment voters aren't with the president anyway. >> dana: i think they don't want it because it's a distraction of the kind you don't want. the remember the thing, the policy they were driving on contraception the first amendment mandate and now the church is up in arms, that is a fight they designed started, planned and implementing. this is one they didn't want, they waited until the 11th hour. they were trying to keep the white house out of it. >> eric: why did the white house get involved? why didn't they let it go and let eric holder go up against the vote, even risk contempt of congress? >> bob: because the president has to issue

executive privilege this way so. that why? >> bob: for good reason. the interesting thing about the politics of this. has anybody heard one thing from mitt romney this week? not much. >> dana: exclusive interview with sean hannity last night. >> andrea: issued a statement today, spokesman who said this president considers himself the most transparent in history and yet, he won't release the documents. staying away from it. >> bob: i wasn't complaining about romney saying something. but in the scheme of things he has been shut out of the dialogue here. on hannity that's fine. >> andrea: that is the point. he doesn't want to get involved. any shrewd republican knows this is not a winner, not going to win them the white house. >> greg: when the job numbers come out it will go away for four days. >> eric: i don't think so. i think -- by the way, talk tv

production. we talk about what the show will be about today. we'll do a little "fast and furious," until president obama exerted executive privilege, all networks for wall to wall on what is going on. >> greg: this is interesting. i haven't seen anything on cnn on fast and furious until i was at the gym on the stair climber. i knew it was on. i fell asleep. >> dana: that's what they call you on the treadmill. fast and furious. >> greg: that, they do. stay out of this. when he creates new words. you will hear the phrase narrow subset. what that means is the only thing that matters. the only thing withheld from the information given. >> eric: is that a banned phrase? >> bob: this is fascinating for people watching the new york. america could care less.

>> eric: i found this interesting. all the democrats, especially those testifying today were saying it's a witch hunt. in 2007, they brought roger clemens to the hill to testify if he did steroids 20 years ago. that wasn't a witch hunt that was good legislation, i guess. this isn't a witch hunt? >> andrea: this is not a witch hunt. we had a border agent that died. a gun running program went awry. this is my issue. i think on some level bob is correct. we talk about it every day. we may lose viewers talking about it in detail.

this is different than monica lewinsky. >> bob: this has riz on the the level in -- riz on the the level of scandal, watergate. >> dana: president obama run as a senator against the president of the united states asked seven u.s. attorneys to be replaced. he ran against that. he said it was inappropriate. the executive power, bullying and all this stuff. now the thing is -- this is one reason people don't like washington. you can pick up any of the member of congress to find out what they said four years ago and it's opposite. >> bob: obama was playing politics then and republicans are playing politics now. >> dana: but in this case, someone died. >> greg: the point is in the media if there is a scandal that a democrat is involved it's called politically charged. this is politically charged. but if it's a republican it's

seeking the truth. >> eric: don't the american people deserve to know who, what, when, whether or not the president told us the truth and/or the attorney general? >> bob: the chairman of the committee calls the president of the united states a liar doesn't have a right to have a chairmanship, number one. issa has experience with criminal investigation. >> eric: you keep bringing that up -- >> bob: it is as wrong for her to do it as him to do it. >> dana: i agree. i know. >> eric: darrell issa before congressman was never charged with a crime. never found guilty of a crime. >> bob: he had a plea bargain. >> andrea: next week, say the house votes, to holderer in contempt. where does it go next >> the u.s. attorney's office. guess who they work for? eric holder. by the time they get answers on this, it will be years. >> dana: that was true about patrick fitzgerald and that did last years. >> eric: i have to go. tune in tonight, by the way, on the record with greta van susteren at 10:00 p.m. for her exclusive interview with darrell issa.

coming up, obama pal million-dollar donor bill maher at it again. see who he is slandering now. ♪ ♪

>> greg: so the "washington post," a paper, not an actual post wonders if any president can win the second term these days, citing pessimism and crazed media. due to the evolution of media

we may never see two-term president again. as democrat if era of high definition politics it's channeling to effectively govern. further asks, greg gutfeld, barf. why are they writing this stuff now? i don't remember them pondering the pain of politics when they pummeled george bush. media is scared. [ inaudible ] never mind dismal job numbers, the horrible economy and glum mood of the uneasy nation. you're a bully if you bring it up. circle the wagon. the hero's self-esteem at risk. does shielding someone from reality do them favors? if you worry obama can't handle bloggers why do you think he will do fine with putin? who cares. for the media, obama deserves gold stars on the refrigerator paintings and to suggest otherwise would be like punching a kitten. only dana would do the before devouring it with her bare

tiny hands. >> dana: i love getting gold starts on my chart. i love it so much. i do all my chores and responsibilities and i would get different color -- >> greg: i don't think it affected you as an doesn't. not at all, america. >> dana: can i get one on my office door. >> greg: is it harder these days, andrea? >> andrea: it's harder if you assume that the people are listening. if they are following every tiny blog. i think it's a beltway mentality, beltway writer and trying to cover for obama. because if you look back historically, white water, watergate scandals that took down the president long before the internet and blogs. >> greg: do you think it goes in and out just as fast? >> eric: obama hassed a the brunt of the internet. bush had the beginning of it. >> bob: the thing that worries me, you start with

information out on a blog. we had experience with this last week. it becomes news. there is no filter there. i don't think the president can do anything. they don't read all of these. do they feed themselveses in the rest of the media. that is dangerous. >> eric: but now you have more information about the guy you are going to elect. 2008 we took a guy that no one heard of the year before. we didn't know what the background was.ha >> greg: we only have 90 seconds. bill maher america's toilet scrubber on his blog the other day, he compared, called the republican party the rise of the party of the apes. eric? >> eric: isn't it good for guy on the left to say that? don't they believe in

evolution? i'm creationist. >> greg: try to stop thinking about your dog. does it matter what he says? >> dana: he has a stuffed ape he plays with, jasper. does it matter what bill maher says in i think so. because he crosses the line when he decided to be the super pac guy, million dollar campaign. he put himself in political arena. it matters. >> greg: people say bill maher will hit on anything that moves but they're wrong because there was an incident at the mortuary. >> andrea: by the way, toilet scrubber are here. >> greg: i apologize. what do you call a dog that eats its own vomit? bill maher impersonator. >> bob: that's good. i'm getting tired. a terrible thing to say. people are so used to it. saying the outrageous things.

radio commentators saying that idiot from the caller. they have a racist -- >> greg: it's a joke. i am on bill maher's side. hbo has been editing because there are no funny jokes. should i tell a joke? no. we have to go. saving my job. remember a teach they're scolded a student for criticizing president obama? she is back and will be teaching come september. we'll discuss it over finger sandwiches, sandwiches made from real fingers. dana's favorite. ♪ ♪

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that's at 6:00 eastern. now back to my colleagues with "the five" in new york. ♪ ♪ >> bob: i could tell you a story about that song but i won'tment do you remember we talked about ps-90 in new york where the elementary school kids wanted to sing lee gree greenwood's god bless the usa"? it happens that they got the kids organized again, and they didn't let them sing it. people started to heckle them. we have a tape of the

hecklers. >> let's do it. [ singing ] >> bob: pleasant afternoon out with the kids. let me tell you what happened here. it may have been that the parents were outraged not having the kids allowed to singbe the song. they invited bob turner, congressman who is running for united states senate. he turned it to an event for himself and took advantage of the kids and made it campaign event. this is obscene. i don't agree who was heckling them but turner was the real villain. >> eric: only you could find a way to defend parents heckling kids singing a

patriotic song. >> greg: i agree completely with bob. i watch the entire video. i don't like it. for generations the left use kids as props in causes. do those kids know -- are they being used? i see the turner sign there. those hecklers are jerks. jerks, jerks, jerks. those kids are being used. aren't they being used? >> andrea: remember the kids were singing the obama song and i agreed with you. how can you use your kids for this? but the hecklers make it look worse. the 2004 convention in new york a bunch of protesters for george bush and they ran up and down eighth avenue naked. so, i think they were trying to distract a little bit from the point. they look so much work. heckling kids.

>> dana: what is weird theory going around some people that the lee greenwood song. a republican song. it's played a lot. because people love the song. i found out that the song is played at almost all of the immigration naturalization ceremonies where people are becoming citizens of the united states. a great song. leave the kids alone and go get a job. these are history. >> bob: lee atwater brought the song forward for bush in the campaign. to get him in main street. it was connected to politics. people use it for different things but this goes to turner. if you complain about the hecklers, turner is worse. >> andrea: he is running for

senate in new york. >> eric: the hecklers weren't heckling bob turner. they were heckling the kids for singing the song. they wanted to sing it in school and weren't allowed to. >> greg: i agree. the story is the fact they weren't allowed to sing that. but it became a political thing. if it's a political thing, nobody wins. >> bob: who is having a debate? having a debate with a kid? >> eric: they were yelling. they had a problem with the singing of the song. not turner being there. >> bob: they were turning it on turner. >> eric: i see. i see. >> bob: really. >> eric: wouldn't you? >> bob: i would have heckled turner. you're right. this is a bad idea to heckle kids. >> greg: can i say generically it's okay not to

like children singing? when i hear kids singing i think of horror movies like "the omen." the kid shows up singing and it's a little kid in a suit. singing. carolers. >> bob: the head goes around. >> greg: singing before it happened. kids singing is evil. >> bob: is it evil. >> eric: my kid is graduating eighth grade. i'm going to videotape it. i hope they sing it. >> bob: coming up, ever wonder what your dreams mean? my co-hosts andry going to tell you all about our dreams and analyze them. you won't want to miss this. thank you, eric, for stepping on my getting out of here. ♪ ♪ now, tre's gentle, dependable constipation relief fore...

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♪ ♪ ♪ ♪

>> dana: yesterday, greg introduced to us a new segment on "the five." today we find out there is a study about dreams that says if you live in urban environment, car honking you sleep better. i grew up in wyoming and colorado, and i beg to differ now that i'm in new york city. what do i know? let's look at greg's graphic. >> dreams of my five. dan >> dana: that was a joke yesterday but we talked about how we have had dreams about "the five." what is yours? >> greg: i have one dream a week about "the five" but i suffer from hypnogasia and sleep paralysis. everybody has a dream that you can't move. you go i can't move. there is something at the end of your bed. it's a gremlin of some sorts on the end of your bed. this is a small blonde creature with a sparkly alien

back pack. talking about his jog. screaming, screaming. then finally my wife wakes me up. it sounds like a nightmare. national nightmare. glad it's over. >> dana: bob, can you keep this clean? >> bob: i think so. >> dana: go to you next, then. >> bob: the biggest nightmare i had in my life is i became a republican. that was so scary i couldn't begin to tell you. my biggest dreams are frustration dreams where i can't seem to get going. some other things i don't want to get into. you said don't make it dirty. >> dana: you told me frustration dream is a technical term. >> dana: this is -- >> bob: this is not about dysfunction. why did you take it there? >> dana: you have had similar dreams about the show.

>> andrea: that i can't make it to the studio on time and you started the show with this chair empty, which is a stresser. it dream i don't know the topics and i'm not prepared. >> dana: there is some reality. >> andrea: being drunk on tv. >> greg: that is my actual dream. >> andrea: is to to commercial break -- i toss t to the commercial break. >> dana: i was in a complete black -- >> bob: i was in a complete blackout on the "today show" once. blacked out the entire time. >> eric: i'm in traffic. i'm walking, red light. can't get to the studio. the other is i wake up somewhere with no pants on. in the middle of a crowded whatever. baseball game. >> dana: i wonder what that means. >> eric: how in the world am i going to get out of this?

this has happened to bob in real life. >> bob: you dream about not making it in front of a tv camera, understandable. >> dana: my mom used to say she loved in the morning i'd wake up. i come out of my bedroom and sit down for my cereal, i would tell her everything that just happened in any dream. i can remember thicks very, very detailed. i had dreams i couldn't find the studio, didn't have the right dress. press secretary at the white house i had a dream one night i showed up late to work. i was in jeans and a t-shirt. it didn't know the answers to anything. it couldn't find the briefing room. you wake up with some ank xity. >> bob: my father took me to a voting booth at 13 and said if you pull the democratic lever, all good things happen to you. women, money, cars. what if i pull republican lever? you're going to die! >> andrea: we both have dreams about waitressing. we can't serve the table, even

though we're not waitresses anymore. water dreams with waves. >> dana: i always dream i'm drowning or something. >> bob: do you have dreams of bag bartender in >> greg: no. you know what the great thing is, do you dream about the waterfalls? your brain is telling you to go to the bathroom. it's insane how the body works. you're going -- >> dana: that was fun. one more thing up next. ♪ ♪

>> andrea: time for one more thing. hit it. 'canes i have a little information, because the supreme court releases information on monday or thursday. we're waiting for the obamacare decision. tomorrow is thursday. i thought it was interesting that purple strategies combine with the american action form did a study, poll with supreme insiders people who used to work on the supreme court. attorneys who argueded before the court. they asked them what they thought would be the ruling. interesting, before the oral arguments supreme court 35% thought it would be found unconstitutional. individual mandate. that jumped to 57% after the oral arguments. everybody is on standby waiting to see what the

supreme court is going to decide. if it happens tomorrow or any day we'll bring it to you here. that's it. >> andrea: we will. so a followup on a story we covered on "the five." remember this? >> do you realize people were arrested for saying bad things about bush? do -- >> so tanya dixon neilly, sorry, a social studies teacher told now she can keep her job after that. disciplinary action. you can freak out as a teacher or freak out winds. eric? >> bret: a couple of days ago romney visited convenience store called wa-wa.

andrea mitchell selectively edited the speech and turned it in a story. i was going to weigh in but why not have rush weigh in. >> let me tell you something, this is constitutional corruption. this is the second time this happened. you heard the laughter on that, trying to make fun of him. everybody involved knew what happened. if they didn't, they don't qualify as journalists. >> bret: well said. >> glenn: in support of romney. wa-wa is awesome. mac 'n' cheese. >> bob: this is a story in 1995, patrick iverson, 14 months old run over bay car and crippled. he went in to the school and he did sports like rugby,

kayaking. he promised everybody paralyzed or not he'd walk to get the diploma at graduation. look at this. he walked up. got out of the wheelchair. i went to this and i thought what a kid. >> bret: medical miracle. >> bob: absolutely. congratulations. >> greg? >> greg: i had bill maher jokes but i didn't want to get in trouble so i'll replace bad part with the name of dana's dog, jasper. how many bill maher does it take to screw in the light bull? you have to remove the bull problem his jasper. what did bill maher say when he told the doctor he had lightbulb in the jasper? he said turn it on and look for my piano. >> that is it for "the five."

welcome to "red eye." st's like franklin and bash without franklin or bash. let's go to andy levy for a pre game report. what is coming up on tonight's show old sport? >> close your eyes and bow your head, america. new york state senate stops an attempt to de criminalize small amounts of marijuana. what are they, high? and an intern admits she has only paid for a few of the 11,000 songs she has in her i tunes library. and whether or not she should be executed straight ahead. and can living alone increase your risk of premature death? the story i won't be paying attention to coming up. greg this. >> i am looking forward to that last story. >> why is that? >> i will watch it surrounded by my loving family. >> i guess that is nice. >> yes, it is. we will make popcorn and wear pajamas. >> who are you talking about? >> my dolls, they are my family. >> i don't know how to talk to you anymore. >> i dress them up as the cast of pippin. >> why is that? >> i tried