Police Threaten to Sue 'Occupy' Protesters

NYPD could file suit against anti-Wall Street demonstrators


This is a rush transcript from "The Five," October 28, 2011. This copy may not be in its final form and may be updated.

GREG GUTFELD, CO-HOST: So, remember when Michael Moore said cops should join the "Occupy" protesters, saying they both saw eye to eye? In the words of Shakespeare, that's stupid, you big stupid face, because they don't see eye-to-eye. It's fist to eye.

In fact, so many police have been injured at the protest, the New York police officers union is threatening to sue the pants off the protesters. Of course, if they're still wearing them.

So far, over 20 officers have been hurt, a figure that will only rise as our placid politicians do nothing beyond sensing frustration in their diapers. Remember, it's the same protesters who are suing the city are being arrested. So, turn about isn't just fair play. It's fair awesome -- especially when the protesters have planned all along to get the police to react with force on film to romanticize the movement.

So, what does it tell you when people at the protest the most, i.e. the cops want to sue? It means they realize the gatherings have morphed into a destructive mix of the homeless, the criminal, the left wing agitators, pervs, drug dealers, aging anarchist with hygiene issues and misguided grad students mad at daddy. Meaning, it's just another day at Bob's house.


BOB BECKEL, CO-HOST: That's funny.

GUTFELD: If all else fails, you make a joke about Bob.

Hey, Kimberly, you are the lawyer here.


GUTFELD: You are the lawyer. I never heard of this. Police can sue people they arrest? Have you, is this common?

GUILFOYLE: It's not common that it is utilized, but in this particular case, doesn't it seem that it's warranted, that it's appropriate for the officers that have been injured? There are 20 injured now at "Occupy Wall Street." And, in fact, it is a felony to assault a police officer. You have don't have a right to beat up a police officer.

GUTFELD: Then they get arrested. They get arrested. But then you can sue them? I didn't know that.

GUILFOYLE: If they sustained based on that, why could you? If I charge you with a felony and I'm a cop and you beat me up and I'm injured, I'm just trying to do my job. Are you able to go ahead and break my arm or punch me in the face?

GUTFELD: I thought unions were arm in arm with protesters, Bob.

BECKEL: Since we weren't going to be discussing this, let me talk about the big news of the day, which is the first gambling casino opened up in Queens today. Video slots and not tables yet.

GUTFELD: You're actually doing a Bob Beckel Fox News alert.

BECKEL: That's correct. There's a Fox News alert. Everybody head to Queens. If I were going to be in the city, I'd be there tonight.

GUTFELD: All right. I want to talk about the Tea Party, Dana. In Richmond, Tea Party is demanding a refund of 10 grand because they paid permits to hold the rallies. Meanwhile, the "Occupy" protesters, they just occupy. They don't have to pay anything.

DANA PERINO, CO-HOST: And in the article that I read, mayor's office still hasn't replied because actually they have a fair point. I don't think that the Tea Party should get a refund, because it does cost the city money to clean up after the protest and organize it and everything.

But I do think that "Occupy Wall Street" should be assessed the same amount as anyone else who has to.

ERIC BOLLING, CO-HOST: Can't you assess them the full amount? I mean, literally --

GUTFELD: Who do you assess?

BOLLING: Well, whoever you sue.

GUTFELD: Well, that's the hard part, there is no head on that.

BOLLING: If they are putting together funds -- they are putting together funds. They have to -- assuming they are going have to eventually --

GUILFOYLE: They have money in the bank. What are you talking about?

BOLLING: Fill out tax forms and whatnot.

GUILFOYLE: I get it. But why they didn't get ask?

PERINO: Association that has taken up their cause in the Washington, D.C., from a pro-bono perspective and they filed the paperwork --

BECKEL: This is going to a car dealership. You get a better deal one week than you did the week before. So what? They didn't get a better deal. Plus, they have a bigger -- they use professional sound system. They use a lot more things than the --

GUTFELD: They were adults.

BECKEL: They are adults. About 85, 86 years old.

GUILFOYLE: Political favoritism. One is disorganized and the other is different and treat them differently. It's legal protection issue.

Charge both.

GUTFELD: All right. On that --

PERINO: We'll see what happens in "Occupy Wall Street."

GUTFELD: They will be occupying somewhere else, I imagine.

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