Did Obama want to put Bin Laden on trial?

New book details president's plans for terror leader


This is a rush transcript from "The Five," October 4, 2012. This copy may not be in its final form and may be updated.

JUAN WILLIAMS, CO-HOST: Yet another book about to come out soon on the raid that took out Usama bin Laden. This one claims President Obama wanted to put the terrorist leader on trial if he had been captured alive.

The president told "The Finish" author Mark Bowden, quote, "My belief was if we had captured him, that I would be in a pretty strong position politically here to argue that displaying due process and rule of law would be our best weapon against Al Qaeda."

Kimberly, the lawyer in the house, what do you say?

KIMBERLY GUILFOYLE, CO-HOST: That is such an inappropriate use of the law and hiding behind it. That's cowering in a little shadow and being laughed at because you don't sit there and combat terrorism. Why don't you come to New York City, we'll get you some Big Apple souvenirs and it will be fantastic and he delivers him like a little baby to Eric Holder who doesn't know what to do with any terrorist except to --

WILLIAMS: OK, OK, get off the stump.

GUILFOYLE: You asked me.

WILLIAMS: No, I asked you about the substance.

GUILFOYLE: No, that's not the way you deal with it.

WILLIAMS: Due process is one of our jewels. It really does say no matter how terrible you are, we're not going to treat you like an -- we don't go --

GUILFOYLE: It should be applied appropriately to American citizens accused of crimes here, felonies that deserve the right to a speedy trial and deserve to be tried here on U.S. court. Not for terrorists.

WILLIAMS: If you are foreigner and you commit a crime in New York City, you go to an American court.


ERIC BOLLING, CO-HOST: Terrorists you can be arguing they're not citizens of any country. Therefore, they do not deserve due process of any way, shape, or form -- foreign due process or American citizen due process.

DANA PERINO, CO-HOST: Also this is irrelevant in that his decision was to kill him, with a drone, along with all the other terrorists.

WILLIAMS: No, no, bin Laden.

PERINO: No, they decided to kill him and on the drone attack thing, they're not bringing them here. They're not capturing them.


PERINO: They're not trying to find out the information that will lead to you things like protecting your ambassador in Libya, for example.

WILLIAMS: Low blow. But anyway, if he had been captured alive, what would you have done?

PERINO: I would have stuck him in Gitmo.

WILLIAMS: Oh you would have?

GUILFOYLE: That's where enemy combatants and terrorists belong, Juan, not here on a guided tour of the United States. It's an inappropriate way to handle this kind of thing. An act of terror against the United States, you don't bring them here and coddle them in federal court. That's not the way it goes.

WILLIAMS: We coddle criminals now? I don't think so.

GREG GUTFELD, CO-HOST: I just want to return to Dana's made a really good point once. That it is -- no it is ironic that like the most peace-loving liberal, liberals and progressives are always talk being how they're antiwar, but they can't put people on trial -- instead of putting people on trial, they kill them because it's not politically viable for them --

GUILFOYLE: Politically convenience.

GUTFELD: They just kill -- they just drone them.

BOLLING: The best is the Nobel Peace Prize winner has a kill list.

GUTFELD: Yes. Which by the way, I'm not against.

WILLIAMS: I'm glad you said that, I was like, I thought you guys were for this.

PERINO: This might not be totally irrelevant because of something that was uncovered the other day, which is it looks like there is a plan for the administration to sell a prison -- Thompson Prison to the state of Illinois or have --

WILLIAMS: Illinois sell it to the U.S. government.

PERINO: -- where the question has -- there has been an open question of whether or not their plan all along in a second term would bring these terrorists to Thompson in Illinois, which was something President Bush said he would not do.


PERINO: And Congress passed a bipartisan bill saying you are not allowed any funds. U.S. funds to help get this Thompson Prison.

WILLIAMS: All right. So let me just say, Mitt Romney is going off the VMI, Virginia Military Institute next week, to give a foreign policy speech.

My favorite strategist, Dr. Gutfeld, what, should Mitt Romney say?

GUTFELD: People are going to be tired of me saying this, but he's got to say, why did President Obama assume the video was a fall for the attack? Who was the source? That's the only question -- it's the most important question!

WILLIAMS: This is cable TV universe. That's the debate. That's the big foreign policy question?

GUTFELD: How was a president convinced by the mob?

PERINO: I think Mitt Romney will do something like he did last night, where his instincts were to talk about the Constitution and founding principles.

WILLIAMS: I like that answer, by the way, that was a good answer.

PERINO: American exceptionalism is what he will talk about.

GUTFELD: She stole it from me.

WILLIAMS: Oh, she did? You know, I thought so.

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