hopefully, icahn in a short time talk about the bird cage -- hopefully, i can in a short time talk about the birdcaging. it has been the subject matter that has been going on quite a while. my approach is kind of unique. i wanted to look at it from the seismic retrofit, whether there would be external buttressing of the concrete structure, which has already settled in nicely, instead of all new buildings. that would be support and structuring of the entirety. another part had to do with how to get in and out of the candlestick park area. i look at it from the oval approach of the stadium where there would be a roadway all around it, which encircles all around candlestick. you can go north. you can go south. you can go west. the east part, simply looking at it, there would be possibly even waterway for increasing in and out access to the troublesome matters of candlestick. it is not quite yet going to be going on the mayor's agenda, but i think he will have to start getting busy, the honorable mayor edwin m. lee will have to look closer into the candlestick negotiations. that is the part

i do not know of icahn -- if i can. >> you need to -- commissioner borden: have this motion failed first? the motion i i would like to make is we take d.r. and approve. this project can go forward. upon the time that they are selling, it would be represented as rh2. the building would remain rh2. >> the need to allow his motion to go forward. >> let's vote. president miguel: let's boad on the original motion. >> to approve my understanding is that it is a bow to approve the d.r. request. commissioner antonini: make it possible by that to happen by a future owner but not have that required. >> is that -- commissioner antonini: that is pretty much it. >> if there is no further discussion, on the motion -- to not take d.r. and approve the project as proposed with the urging of the current project sponsors to turn the building back into two units at some future need and urging. not a requirement, and urging. on that motion -- commissioner antonini: aye. commissioner borden: no. commissioner fong: aye. commissioner moore: no. president miguel: no. >> that motion fails. commissioner borden: i

icahn is loaded for bear. or bull. or market, or something. first and only on fox business tonight. be there. captioned by closed captioning services, inc >> andrea: hello, i'm kimberly guilfoyle with bob beckel, eric bolling, dana perino, greg gutfeld. it's 5 verz in new york city. >> kimberly: this is "the five." tonight, ark ge done is coming. that is what gingrich is predicting for the days ahead leading up to the next big vote in south carolina. plus, one of the most powerful democrats in washington, a mouthpiece for the president blaming the tea party for the gabrielle giffords shooting rampage last year. we have the tape. more hot air from al gore. that's right. the climate crusadeer. does the future of civilization -- he says the future of civilization is at risk and the presidential candidates better listen up. "the five" starts right now. ♪ ♪ >> kimberly: let's start with president obama on the campaign trail making the same promise he did in 2008. >> i promise that change will come. [ applause ] if you are willing to work hardener this election than you did in the last el

paying the government to do and we're going to fight about it and i'm going to make my point the best icahn. >> host: do you think was school helped you? >> guest: i hate to admit anything good about what school whatsoever. one thing that i think most lawyers who become writers in general are better at or at least have a more natural inclination to understand the other point of view to see that there are two sides, to argue against the best version of the other side's argument and not to build up straw mans. that doesn't work in court and it doesn't work in a book. i write my book the little too much like a legal brief and ease end up cutting some of the counterarguments are making before anyone made the argument. >> host: the first chapter of high crimes and misdemeanors is the prosecution's case on in peaking president clinton? >> i haven't read that one for a while. i like that book. it made important points and brought up important history. i don't specifically remember the first chapter. but yes. that was basically the idea of the way the book was written. >> host: we often talk on was

aren't encumbered from icahn we continue our team coverage tonight. kelly was with the suspect in corp. parent current your path--. >>reporter: thought will list of charges the suspect faced are expensive and asphalt. >>reporter: and the d.a. says that the victim from the most recent attack was choked on koch's and then woke up to the man assaulting her. police say before the arrest they had him in their sights as a suspect. >> we were pretty confident of who are suspect was, where he lived in where he worked. we had eyes on him. >>reporter: sources said the suspect in mid to participating in the three attacks but because the incidence ban from june to december police believe there could be other victims out there. they're reaching out to other law-enforcement agencies to see if he is a suspect in the open cases in other areas. >>reporter: the three victims in these cases range from their 20s to '50s. investigators say these women are doing well and healing but they still have a long road ahead of them. the community has gathered together and started