THE FIVE

Clippers owner controversy

This is a rush transcript from "The Five," April 28, 2014. This copy may not be in its final form and may be updated.

ERIC BOLLING, CO-HOST: This is FOX News alert. The NBA says a decision is coming tomorrow after these racially charged remarks by the 81-year-old owner of the Los Angeles Clippers, Don Sterling, and his 38-year-old girlfriend were leaked over the weekend. TMZ had the tape.

(BEGIN AUDIO CLIP)

V. STIVIANO: People call you and tell you that I have black people on my Instagram and it bothers you?

DONALD STERLING: Yes, it bothers me a lot that you want to broadcast that you are associating with black people. Do you have to? You could sleep with them, you could bring them in, you can do whatever you want. The little I ask you is not to promote it on that and not to bring them to my games.

(END AUDIO CLIP)

BOLLING: Well, the comments have understandably set off a firestorm of emotion in the sports media and political world.

(BEGIN VIDEO CLIPS)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: When ignorant folks want to advertise their ignorance, you don't have to do anything. You just let them talk. And that's what happened here.

MAGIC JOHNSON, FORMER NBA PLAYER: You can't understand how hurt I was and also I was hurt for all African-Americans and all minorities. He shouldn't own a team anymore.

(END VIDEO CLIPS)

BOLLING: Ands, what do you think of this? I mean, Magic Johnson, very respectable, very classy response, said some very important things.

ANDREA TANTAROS, CO-HOST: And he's a legend in basketball. So, the quote is just ridiculous on so many different levels.

I think that he should not own a team. I agree with Magic Johnson, and he should sell the team and he should sell it quick because, Eric, I don't see who is going to want buy a Clippers jersey. I don't see their licensing, their revenues. I don't see them going anywhere but down.

And I used to do crisis communications for corporations and politicians.
He has not said one word to stop the bleeding. He's just letting this go on and on. I think he owns Magic Johnson an apology, he owes the league an apology, who is going to get to play for him? That's question number two, where is he going to find players?

GREG GUTFELD, CO-HOST: Finally, I can go play.

(LAUGHTER)

TANTAROS: Finally, Greg can have a career in basketball.

GUTFELD: If I could do this, I will sign up. It will be my only chance to be a professional NBA player, is to play for the Clippers.

BOLLING: To man the center.

GUTFELD: You know what? Obama said it best, the offense speaks it for itself. In my opinion, this is actually a very positive experience because it's so hideous because it's rare. We don't hear these things anymore, and so the almost outrageous is longer as necessary as pure mockery, there was guys that showed at the game, the Golden State Warriors, with the sign that said, the guy brought a black guy.

That's how you deal with this. You deal with this deep mockery. You make fun of this pitiful man because right now, we're in -- America is in a great place. This stuff, it's like coming across a grotesque car accident.
It stands out. It disgusts you. It's not mundane. That's important.

BOLLING: Good point.

Dana, also, the NBA tomorrow, they had an opportunity to come out of this stronger than before if they come out with the right reaction. What's the right NBA reaction?

DANA PERINO, CO-HOST: Well, I don't know what the right reaction would be.
I was thinking about, because Andrea and I and Bob, we have all done this crisis communications work in the past, and in the legal profession, you could have like the worst criminal and they still are deserving of some sort of public defense in the court of law.

In this situation, if I was in public relations today, I wouldn't take his case. I don't think he deserves defense and so he will just be out there on his own, in his cesspool of greed and avarice.

BOLLING: Hey, Bob, both sides, I've heard a lot of pundits say, you know what he's old. He's 81. He comes from a generation where racism was a lot more prevalent than it is right now. Is that any excuse?

BOB BECKEL, CO-HOST: Not at all. The thing that's going to catch up with this guy is dollars and cents. I mean, he's already had a history of problem with minority community and his apartment buildings. You can remember, he had to settle a very big fine because he was block -- redlining people of color.

So, I think between that and the fact that nobody is going to start going to these games in droves anymore. They have had one protest already. The players turned around their jerseys. I think it's going to be hell every place he goes.

So, I think dollars -- the question I've got is, can the NBA force this guy to sell his team? I don't know the answer.

BOLLING: I don't think they can only -- I think they can only do it if he had financial problems. He doesn't. By the way, that team is now worth somewhere between $550 million to $600 million.

But, Andrea, to your point and Dana's point and Bob -- everyone's point here -- some of the advertisers have started to drop, CarMax allegedly said its at least on hold, maybe dropping, Virgin Air, Kia, Red Bull, and State Farm. That's the free market kind of working, though.

GUTFELD: Yes, I mean, that's how decisions are made and should be made.

But I want to -- you brought up the age thing. And this is also on Mediate got a story, and it's like, you know, they bring up recent examples of racism and they tie it to old people, which I think is B.S. personally.
Sorry, I'm not supposed to say that.

If you are 81, you were in your 40s in the 1970s, right? 1960s maybe, you're in the 40s. My mother is 89. She was in 40s in 1960s. So you know better. You know better.

TANTAROS: He's not 150 years old.

GUTFELD: You weren't in the civil war. So, the idea like old people are still like walking around with these notions is baloney because you actually were of prime age when this stuff changed.

BOLLING: Can I --

TANTAROS: I was going to say not even that. It seems to me like rich people, like he thinks because he has so much money he's allowed to be a bigot which, of course, is not the case because everyone around him is likely a Stepford staff that just nods because he's had a long history of doing this. No one calls him on the carpet because the golden rule, he who has the gold make the rules.

Eric, to your point -- I guess NBA cannot tell him -- they can't force him to sell unless his team becomes insolvent. I think that's a very likely possibility. I don't see a lot of people buying these tickets. If there's picketing lines there everyday, licensing fees as I mentioned before, revenues go down. It could be insolvent very, very quickly.

BOLLING: All right. Let's talk about -- this is a really, really interesting twist to this. Donald Sterling has a long rap sheet when it comes to racial controversy and anyone in the know knew that, according to Bryant Gumbel.

(BEGIN VIDEO CLIP)

BRYANT GUMBEL, SPORTSCASTER: I guess I'm surprised that anyone is surprised. Donald Sterling's racial history is on the record. It has cost him money. It cost him his reputation long before this, and so I'm kind of amazed that anyone is surprised at this time.

(END VIDEO CLIP)

BOLLING: So, Gumbel says the sports world knew and you know Al Sharpton would insert himself into the mix. Listen.

(BEGIN VIDEO CLIP)

REV. AL SHARPTON, CIVIL RIGHTS LEADER: The National Basketball Association must suspend him or must say that we're going to remove any kind of imprimatur we have on this team if he's the owner. You cannot have someone own an NBA team in this country and have these kind of attitudes. You must remember, he settled multimillion dollar discrimination lawsuits in the past, and he has the background.

(END VIDEO CLIP)

BOLLING: So, Sharpton knew too, but here's the interesting part -- everyone including Sharpton knew about thighs race controversies. So, why was the NAACP planning on giving Donald Sterling a, quote, "lifetime achievement award," which they've since rescinded, and why did none other than the Reverend Al Sharpton agree to be honored at the same event, if everyone knew about this Sterling's alleged racist past, Bob, including Sharpton himself.

BECKEL: Well, my guess is he's supporter of the NAACP. I mean, he's probably given financially to them. And whenever you see these lifetime achievement awards, you generally find somebody who contributed.

BOLLING: But wait --

BECKEL: And the other thing is about the previous discrimination lawsuits, he paid them. It was supposedly over with, and he did nothing between that and this that would indicate --

BOLLING: But you go back and you cited one of the examples where Sterling got -- he paid a $2.4 million payout for racial discrimination. Doesn't the NAACP know that or are they just for sale?

BECKEL: I think that is a very, very derogatory and terrible thing to say.

BOLLING: They didn't do their homework. They couldn't go back and see this --

BECKEL: My guess is that they have honored people who have a past -- you know, sometimes people can say people change. He didn't, but obviously there's an opportunity to give yourself a second chance, and I would certainly not say the NAACP is for sale.

BOLLING: Before they give him the lifetime achievement award, I would think they would check for a past of discriminatory actions.

Go ahead, Greg.

GUTFELD: How hilarious that the NAACP backed the wrong horse. If only there was a recent example of this occurring on the right.

PERINO: Yes.

(LAUGHTER)

PERINO: Also, it's a lifetime achievement award, not a most improved award.

GUTFELD: And also, he's a liberal. He's a Democrat. He's a reminder that the Democrats mastered this stuff.

BOLLING: Yes, I'm so glad you pointed that, because you don't hear that.
If you're watching some of the other network, you hear all about this. You hear a lot about Cliven Bundy. You hear a lot about who's backing Cliven Bundy, but you don't ever hear that this guy has donated to Democrats, he donated to Gray Davis. He donated to Senate campaigns. This guy is a Democrat.

TANTAROS: The NAACP is an arm, is an abject prop arm of the Democratic Party, that is more concerned about money. We've talked about this on the show numerous times. It doesn't really care about the advancement of colored people as its name blatantly states.

Bob, you know this -- he has given plenty of money I'm sure of this. They believe that can hide a lot of sins. But, you know, it disgusts me because it's the worst kind of hypocrisy, too, for this Clippers owner. It's like when child molesters start kids' charities. It's like he knew he was a racist. He knew he was a bigot, and he thought that because he was rich, he could cover it up. And the NAACP let him.

BECKEL: To suggest the NAACP is not doing more to advance black people, they are in court all over the country on racial discrimination suits.
They were active. They were the first one to do it. You go back to the original part of the civil rights laws.

TANTAROS: That was a while ago.

BECKEL: Well, and they have been very good. And they have stayed together as an organization.

TANTAROS: It's like now for women. There's nothing to do about women.

BECKEL: You'd never ever accuse the NAACP of --

(CROSSTALK)

BOLLING: How do you defend the fact that they are giving this man a lifetime achievement award when he had several instances of racial discrimination, he was fined $2.5 million, he clearly has made racist comments in the past and currently? I mean, Bob, how do you defend it?

GUTFELD: How do you defend that hair?

BOLLING: He's 81.

BECKEL: It's a difficult thing to defend. I mean, they pulled out and decide not to do it. I don't know the thinking behind it. But I also would like to see other people who got lifetime achievement awards who may have in their past had some racial controversy.

BOLLING: Wow. I mean, you know, there are so many examples of what a lifetime achievement award would mean and that probably having none of that in your past would be one of them.

Dana, if sterling was a CEO or if he was a politician, it would be a different outcome, wouldn't it? He literally can decide to stay and own this team continuously if he wants to.

PERINO: He could. Some politicians can as well, when you have scandals there are some that decide to hold on and power through and just focus on their constituents and do a good job for their state and they can get through it.

It's a little less likely now in the 24/7 news cycle. There's a lot more buzz around something that builds up to something else.

I -- who does he think was playing for his team? I mean, these are all black people that are making him really successful. I think on the other point of people not going to the games, it's also do you want to be caught wearing an L.A. Clippers baseball cap or jersey. Probably not, I would imagine that's going to happen.

I always thought I would address something, it's just an example of how an organization could perhaps get blinded by the idea of somebody or something and that was when George W. Bush, when he nominated Bernie Carrick for Department of Homeland Security and that nomination crashed and burn and everybody on the other side of that announcement said, didn't you know all the problems with him? How could you not have known and I guess in some ways you can just not see the forest for the trees on something like this.
It's hard to understand how the NAACP could have missed this but it has happened.

GUTFELD: Everybody has a jerk on their side. We've learned it in the last couple of weeks. Come on.

BECKEL: Black community, both churches and the NAACP forgave George Wallace when George Wallace changed near the end before he was dying.
There are times, I think, when people say all right you got a terrible past, you are forgiven because you are willing to step forward and say you were wrong. This guy has not. That's the difference.

BOLLING: It's still early. A couple housekeeping notes here. I said he was Democrat, Sterling.

He's a registered Republican but yet he's donated to quite a few Democrats.

BECKEL: Ah, a little difference there.

BOLLING: However, he's donated to Democrat as well. And also, there are
15 minutes of tape released so far and it's crazy some of the stuff he's saying. There are 45 minutes and maybe he's quiet until more comes out.

TANTAROS: I just, that's one thing. I've been reading -- how do they get the tapes?

BECKEL: That's what I want to know. She had to give it to them, right?

GUTFELD: TMZ is now the place to go to shop.

BECKEL: Doesn't it sound like she gave them tapes?

GUTFELD: I recorded so much stuff of you, Bob and when I pull that, it's going to be millions.

BECKEL: No, but seriously, that was a very clear tape, right?

BOLLING: She clearly recorded it and was planning on doing something with it.

PERINO: So, is it a woman scorned type of thing?

BECKEL: It could be.

BOLLING: It could be a (INAUDIBLE)

Can we move on with this last piece? Charles Barkley, the round man of sound, and a man who exactly says what's on his mind at all times, said this.

(BEGIN VIDEO CLIP)

CHARLES BARKLEY, NBA HALL OF FAMER: This is the first test of Adam Silver.
He has to suspend him and fine him immediately. But we cannot have an NBA owner discriminating against a league that -- we are a black league, Ernie.
We are a black league.

(END VIDEO CLIP)

BOLLING: So, Bob, you take this one, right? A black league, why?

BECKEL: Well, because 84 percent of the players are black. I mean, well, I think it's fair to say if you were to say about -- what would you say about the NBA, just give you five points? You would say one of those points it's dominated by black players.

GUTFELD: If Wayne Gretzky said about hockey, we're a white league, would people be kind of -- I don't know, maybe there would be no outcry, they would shrug. It is like the AARP mocking the elderly. That's what he did.

These are people that make him rich.

TANTAROS: Which was the issue with his attitude too when he talked with the players, you know, Dana. Where is he going to go? I mean, I guess he could go to eastern Europe but his attitude on that tape is not that these players helped me build an empire. It's that I made them rich. The way
that he looks at --

GUTFELD: He looks at them like the help.

TANTAROS: It has nothing to do with being Republican or Democrat. This guy is a jerk and it's his money that's clouded it. Yes, they are the help.

GUTFELD: They're the help. So, you can't -- the help are supposed to stay in their quarters and so, they can play and they can't be with everybody else is what his --

BOLLING: Final thoughts anyone before we go? Are we good?

Let's leave it right there.

Ahead on "The Five": it's no wonder why the ratings are way down on "Meet the Press." David Gregory invited Tony Blair on to talk about the rise of Islamic extremism and then blamed him for it. That's next.

(COMMERCIAL BREAK)

TANTAROS: Well, former U.K. Prime Minister Tony Blair issued a new warning to the West last week -- confront the growing threat of radical Islam.
Blair appeared on "Meet the Press" yesterday to talk more about it. But he probably didn't expect that he was going to be blamed for it.

Listen to this question from host David Gregory.

(BEGIN VIDEO CLIP)

DAVID GREGORY, NBC NEWS: Isn't the legacy of your leadership and that of President Bush in part responsible for the reality today? Did you, did President Bush, did the West fail to deal with the extremism you talk about today appropriately in Afghanistan in a sustainable way?

TONY BLAIR, FORMER U.K. PRIME MINISTER: I think we did but I think we've got to recognize one thing very clearly. This is a long battle. This ideology, it's not going to be defeated by an engagement in Afghanistan, in Iraq or even in these individual arenas. It's going to be defeated over a long period of time.

(END VIDEO CLIP)

TANTAROS: Dana, I don't know how Tony Blair remained so calm and didn't reach over the table and smack him right across the face. I guess David Gregory didn't remember the '93 World Trade Center bombings or even the attacks from radical Islam that have dated back hundreds of years. How can he go there?

PERINO: I spent the last few hours trying to think about what was in David Gregory's head because I know him. I know him. He covered all -- I don't know about the 1993, I don't know where he was in 1993, but certainly 9/11 and all of the response after that.

I wonder if he was just trying to be provocative, which he was, and of course have always admired Tony Blair and I think that the tendency of Americans to blame themselves is a terrible trend and it was -- we fought back against that for a long time and if you look at the words of Tony Blair and George W. Bush during those early days of the fight after 9/11, it was all about the long struggle, the ideological struggle, that we're not at war with Islam. They were very careful and actually very moderate in their words, not necessarily in their actions. But if you look at -- if you make fun of them, and it wasn't perfect, but that election in Afghanistan turned out -- they ended up with a pro-Western president out of that.

TANTAROS: Bob, whether you agree with George Bush's policy or not, he made it a central issue to go after radical Islam. You've been very vocal about your thoughts on radical Islam on this show. Do you think David Gregory was being provocative? Or do you think that's really how he feels? If you would take it head on, you make it worse?

BECKEL: I think to suggest that somehow this was the creation of radical Islam is silly. I mean, he has no notion of history. But having said that, there are those of us who believe unequivocally to this day that the invasion of Iraq unleashed forces into -- the extremist forces into that movement and gave Iran an opportunity to become the major power in that region.

Before that, Hussein had Iran tied down. Now, Iran has got more and more radicals in Iraq. Iraq is exporting radicals, and I just didn't see the need for it. Why not fight there in Afghanistan?

PERINO: OK.

TANTAROS: Go ahead, Dana.

GUTFELD: Do it. Jump!

PERINO: Arguing with Bob on this, it doesn't lead anywhere because as he said, this is what he believes. That there is absolutely no proof of that.

BECKEL: Proof of what?

PERINO: And also, we sit here and we have to listen to how al Qaeda is on the run and al Qaeda is decimated, and now, because of a David Gregory question on "Meet the Press," you come up with all these fanciful notions that Iraq is exporting al Qaeda.

BECKEL: What is fanciful -- you do not believe that Iran rose and got much more powerful after the Iraqi war?

PERINO: I actually think that I believe that the Middle East is safer today, because if you wanted to have a Middle East nuclear arms race between Saddam Hussein and Iran, you would have that.

TANTAROS: Eric, what about all the reports that al Qaeda is on the march, radical Islam is on the march because this president has withdrawn and not really addressed the issue of radicalism?

BOLLING: You know, I wrote some notes and I wanted to talk about the blown red lines, the -- you know, leading from behind, whether you use drones or sanctions or nothing or rhetoric. It's no wonder that al Qaeda is emboldened by it because they don't know what the heck Obama's foreign policy is and, frankly, they're not afraid of it.

But can I just talk about David Gregory for a second? You know, last week, the talk was that whether NBC was going to remove David Gregory. They're in an absolute ratings slide. Their demo over the last couple of months has hit an all time low for "Meet the Press."

And a lot of people say you know why because David Gregory is so left- leaning, he would go back to where Tim Russert was, you knew he was liberal, but he was fair and balanced, he always asked the right questions and he would go at it from a middle of the road point of view.

David Gregory, on the very week people are questioning why there's a slide and blaming his left lean fro the ratings slide, he goes there again. He goes further. It's like -- you know, asking one question is one thing, but asking the question the way he framed the question -- it wasn't a question.
It was a comment. It was ideological commentary.

And, frankly, he probably -- they should removed him.

GUTFELD: The only thing that works above David Gregory's neck is his hair.
Let's face it.

PERINO: It is nice.

GUTFELD: It is.

But to what he says, the only thing that is responsible for Islamic extremism is Islamic extremism and any excuse for that behavior just emboldens and perpetuates its existence. The war on terror is exactly what Tony Blair said. It requires the same commitment that terrorists have for ruining our lives, meaning, the commitment must be lifelong, and you have to understand that. And I think -- sometimes I wonder if we do, if our country does.

BECKEL: Obama said something interesting in the Philippines. What he said was, do you expect we have to go to war to do this? Every place we have this? Do we have to put people on the ground and go to different wars?

I don't think the answer to that is yes. We've seemly done a pretty good job of holding down terrorism in this country because of Homeland Security and others. But we just have got to stop going into places.

And al Qaeda, when you say al Qaeda? What do you think the definition of al Qaeda is today? You think it's centrally organized?

BOLLING: I think it's funded by Iran and I think it's radicals throughout the world. And by the way, if you don't think they are emboldened, did you hear the latest idea that's come out of the al Qaeda leader?

BECKEL: Who are they?

BOLLNG: The al Qaeda leader. They have a leader. I can't remember the guys name.

BECKEL: He's hiding up in the mountains.

(CROSSTALK)

BOLLING: Instead of killing Westerners, take Americans hostages. If that's not --

BECKEL: Do you believe that there's an organized al Qaeda operation or they use it as a franchise?

TANTAROS: I think there's both. I think it's turned into a desegmentized movement but it's also organized in other ways. But the basis of this point that's so frustrating is there's a naivete on the left if you believe that if you are nicer to the radical Islamists, then maybe then --

BECKEL: That's not what we believe at all. We just believe you don't have to put American forces on the ground --

(CROSSTALK)

TANTAROS: Please, I listened to that speech in Cairo, Bob, it was a bunch of butt kissing and in fact that made it worse. Actually, that made it worse. That ignited radical Islam.

(CROSSTALK)

BECKEL: Get out of here!

TANTAROS: It gave radical Islam green light to organize knowing that they
have a president that's asleep (ph) at the switch.

GUTFELD: Bob, don't say it. Stop it. Think of ponies, little ponies.

There you go. That was a close one. I saw the swear jar exploding.

TANTAROS: We were going to get to another topic but you and I just basically blew up the rest of the block, literally and figuratively.

BECKEL: Is there not another topic?

TANTAROS: There is. But we don't have time to do it because we were fighting.

Coming up next, Dana is going to tell us about a controversial congressional candidate in California who is facing attacks from an unexpected group of people. That's coming up on "The Five."

(COMMERCIAL BREAK)

PERINO: There's an openly gay candidate running for congress in California. Not surprisingly, Carl DeMaio has been the target of homophobic attacks. What is surprising, though, is where they're coming from. The left. DeMaio is a Republican. I write about him today in a new column posted at FOXNews.com.

He may not be the typical GOP candidate, but he doesn't think that his sexuality is what sets him apart.

(BEGIN VIDEO CLIP)

CARL DEMAIO (R), CALIFORNIA CONGRESSIONAL CANDIDATE: I think the most unique part of my candidacy is not that I'm gay but that I'm actually running on a record of getting substantial reform done.

(END VIDEO CLIP)

PERINO: So I used to live in San Diego, and I know some people that work on his campaign, and I heard about the attacks against him from the left.
And it reminded me of in 2002 when Congresswoman Connie Morella was running for reelection. She had been a very popular congresswoman. She drew a challenge from Chris Van Hollen. And the National Organization for Women dropped their support of her and instead gave it to him. And I thought that was very chilling for me at the time, because I thought, "I want to be like her."

And to me, when I found out that the lesbian, bisexual, gay, transsexual groups were working -- not just being silent about a Republican -- but actually working to sabotage his campaign, I felt like I had to write something.

TANTAROS: Yes. And you write it in this piece, and it's a terrific piece.
And what you're referencing it how the left took out a group, his opponents, took out a group that basically posed as someone who is supporting him to raise money, and they were fined for it, which is just the dirtiest of dirty in politics.

But some -- not all -- on the left believe that they have a monopoly on women, a monopoly on minorities and a monopoly on gays, and this is that classic case.

I thought for so long we were told by some on the left that our sex lives were not important. Remember with Bill Clinton, it's a private matter; let's not talk about people's sexual preferences? Why is this on full display, what people like to do sexually? Contraception. Our sex lives are front and center. And to me, this is progressivism just really starting to block. And they're going after every aspect of your life.
It's a total progressivism affront of the First Amendment. And you can see
it: your freedom to associate. This man's freedom, it's just -- this is what they stand for, and they reveal the worst side of themselves.

PERINO: Did I mention that he was orphaned when he was 13. His dad left his mom two weeks before she died. His brothers and sisters were split up.
He put himself through Georgetown. He built two multimillion-dollar companies; sold them; decided to run for city council; passes on a bipartisan basis, pension reform; and then he decides to dedicate his life to public service and to run for office. And Bob, what I ask is what sort of equality are they fighting for if not for the kind of success that he achieved?

BECKEL: They certainly should be, and this is a -- obviously, a rump group of liberal Democrats who have no right to do this. But my question to you is, how about the right? Is the right -- and by the way, having been subjected to the right, the Democrats...

PERINO: I'm not going to let you do this. I'm actually not going to let you try to turn this into something about the right.

BECKEL: I'm asking you specifically are there any conservative groups in that district who have attacked him one way or another?

PERINO: Yes, and I point that out, that it hasn't been universal.
However, what he does say is that when that ad -- when the Photoshopped ad came out and the ethics commission fined the liberal groups for doing that fake ad, he said that no one on the left in that community, even though he had a 100 percent voting record with LGBT during the time in city council, no one defended him except for the right.

And he said that he has found more inclusion, more tolerance and more acceptance from the Republicans than the Democrats in the district.

And Greg, President Obama is going to go and fundraise for the white male middle-aged straight freshman Democrat in May. Do you think any of the press will ask him...

GUTFELD: Why is he so homophobic? That's what I want to know.

This just goes to show you, though, shows the fundamental hypocrisy of identity politics. It's not about identity; it's about politics. Why would you play the race card and the gender card and the orientation card so desperately? It's a veil to keep right people from considering political alternatives. Gays, blacks, women, mechanics, gardeners, they should, in my view, all should be libertarians with a conservative free- market bent. But -- but to keep them from doing that, you play these cards to constantly...

BECKEL: Who is "you"? Who is "you"? We're talking about a specific group here in San Diego. And not all Democrats and not all...

PERINO: But none of the groups stand up for him. The Victory Fund, the Human Rights Campaign, they all actively work against him.

And Eric, for a final word, since you haven't had a chance to speak yet, the Republican Party has moved however incrementally to perhaps now, in DeMaio's words, he thinks he actually represents the majority of people being open and receptive in the Republican Party. Do you think that this will make a difference in the 2014 or 2016 elections?

BOLLING: Well, 2014 or 2016, maybe not. But change, you know, takes time.
And some of the, you know, most ingrained ideology takes time to change. I think the country is starting to realize it's more of a libertarian bent.
That's probably the best thing for the Republican Party.

PERINO: He talks about that.

PERINO: He's getting a little bit more -- let's focus on the issues that matter. Smaller government. Let us keep more of our money. Not who we go to bed with. I honestly don't really care.

But I think Bob is right in one respect, that it does come from both sides.
And in your -- to your point, if anyone that should be defending this guy, it's the gay community. They should be out there pushing the LGBT...

PERINO: Or at least being neutral. If they can't stand...

BOLLING: Get to neutral instead of being negative with this guy. Get to neutral. But they really should be, you know, so to speak behind this guy.
They should be. They should be.

TANTAROS: But one political party touts tolerance and screams it from the rooftop.

PERINO: And says that we're not.

Carl DeMaio is going to be on -- Carl DeMaio will be Greta's show tonight.
She'll talk to him about this. "On the Record," 7 p.m. Eastern. Don't miss that.

Coming up, the FDA's moving in to regulate Greg's beloved e-cigarette.

GUTFELD: What?

PERINO: And you can imagine there's e-smoke coming out of his ears. Next on "The Five."

(COMMERCIAL BREAK)

GUTFELD: A giant survey of e-smokers found that they truly kick butt. The devices get heavy smokers to quit. Side effects were small, but health benefits were huge, in that you live.

Still in New York City, e-cigs will be banned in bars, restaurants and public spaces tonight as the FDA announces regulations to prevent marketing e-cigarettes to kids, because that's exactly what the evil e-cigarette companies were planning on doing all along. They want to ruin a $2 billion industry by going after your brats.

This reveals Gutfeld's Fifth maxim: When you have no argument, what do you have? Children. The pouty props employed as protective padding for your knee-jerk orthodoxy.

Sure, kids shouldn't get e-cigs, but they shouldn't drive either. It's up to the parents to hide the keys. If you can't keep your kid from doing bad stuff, that's not my problem.

The fact is the millions of lives saved from e-cigs far outweigh the hypothetical panic created by dishonest politicians. As if on cue, when an industry arrives for the making, the government arrives for the taking.
Bozos. You know what's best for kids? Getting their parents off smoking.
If you get them away from tar, they live longer.

If these cigarettes were around 40 year ago, a few million kids would be enjoying their parents now and even grandparents. There's nothing more important than grandparents. After all, they're the ones who will go out and buy you your e-cigarettes.

TANTAROS: If my mike wasn't hooked to this chair, I would give you a standing ovation.

PERINO: I would hug you.

GUTFELD: Oh, please. Well, no one's stopping you.

PERINO: That's true about my grandparents.

GUTFELD: Yes. No, it's like incredible. This is a lifesaving device. So banning these in bars, restaurants and public places, it's steam. It's vapor. Ban showers and clouds and teapots. The steam coming out of my ears would get me arrested in Times Square. Oh, jeez.

Anyway, I have a question. Oh, Eric, regulations are necessary. What kind
-- what kind do you need?

BOLLING: I think you hit it on the head. It's parents need to do their job.

Four hundred thirty-three thousand people died the last -- at least somewhat associated to smoking, and there's no ill effects of an e- cigarette that we know so far. This is a no-brainer. The feds need to get out of the way.

Why are they banning this? You're right; they should be promoting this.
They should be talking to kids in high school, saying, "Use this instead of this. This will save your life." And they are, by the way, Dana -- they're all going to try it. Might as well try that instead of that. Then they won't like it though, maybe.

GUTFELD: Yes, it's all based on feeling and perception. People know -- people look at this and, go, "Oh, it looks like it's smoking. It must be bad. Right?

BECKEL: It reminds me of banning cigarette candy. Remember those things?
I don't understand what it is about -- what is the evidence that this is somehow causing damage to people? The only thing I can say -- think by reading this is they think it's going to influence young people to smoke cigarettes? Who are they kidding?

GUTFELD: Remember Joe Camel. They said that cartoon was going to cause kids to smoke. And it was just an ugly dromedary. Yes, I said it.

PERINO: Carried a lot of water.

GUTFELD: Yes. What -- Andy, should health experts be defending e- cigarettes or do they have some sort of backing from like, I don't know, pharmaceutical companies with their patches and their gum?

TANTAROS: I think there's a lot of money behind this, especially on the political side. They should be. Even just from a budgetary perspective, less people smoking means lower health-care costs. Now that we're shifting the health care costs more and more to the taxpayer, because it's going under government-controlled health care, more taxpayers should be concerned with this. I'm convinced, if e-cigs were around, my father would still be alive. So I'm with you on that.

And another thing: if you have such an issue with e-cigarettes and kids and their lungs, well then you know what? Take your science and go to Colorado, because no other place has done more to promote smoking and lungs than there. Rather than these e-cigarettes, that can actually help people and get them off.

BECKEL: Who's most threatened by this? It's the tobacco companies,
right?

PERINO: Well, they're buying a lot of these companies.

GUTFELD: I was thinking the other day, maybe just the gum and the patches, too. The pharmaceutical companies.

BOLLING: The biggest -- so you use those to stop smoking. There's no doubt in my mind there's a huge tobacco lobby...

GUTFELD: Yes.

BOLLING: ... that's behind getting the FDA to make that look bad and increase the regs.

PERINO: You know what they should do? They should make the e-cigs the kale delivery device...

GUTFELD: There you go.

PERINO: ... because then the government would say that would be good for you.

GUTFELD: By the way, these devices are great for putting health stuff in there.

PERINO: Put fish oil stuff in there.

BOLLING: I figured out the other group. The health-care industry...

GUTFELD: Yes.

BOLLING: ... because it puts them out of business.

GUTFELD: Yes There you go.

PERINO: Good point.

GUTFELD: There's no such thing as secondhand smoke with this. It's vapor.

All right. Ahead, Hollywood's most eligible bachelor is reportedly off the market. And "The Five's" most eligible bachelor has some advice for him.
Bob's tips for George Clooney are next.

(COMMERCIAL BREAK)

BECKEL: I know a lot of women were upset to hear the news this weekend about George Clooney. The long-time bachelor reportedly proposed to his 36-year-old British girlfriend, Amal Alamuddin.

I want to give you some advice now, George, from one bachelor who's been married before to another. This is what I will tell you.

Look, first of all, you should know, the University of Wisconsin came out with a study saying that marriage causes a lot of depression among people, that they have side effects that are not healthy.

Now, I think there are probably plenty of healthy marriages out there. I would just say this to you, George. Be prepared for the following: "Where are you going?" "Where have you been?" "You're going to wear that?" "Oh, really, that game is more important than our going to the tulip festival?"

OK. Anybody else have anything else to say?

PERINO: One of things in that study is it said that -- that nagging is a problem in a marriage, but I don't think that George Clooney would ever have to be nagged, right, because they have people to do stuff for them.
So you don't have to have George Clooney to please hang up the poster in the kitchen that's been there since December. You don't have to ask him to do that.

BECKEL: Eric, do you get nagged?

PERINO: Something like -- something like I have to ask somebody.

BECKEL: What's the biggest nag you've gotten?

BOLLING: Worst topic for a segment for married people ever.

No, no, remember, you have to find someone who makes you laugh and you'll have a great life. You have a great way...

PERINO: I agree.

BOLLING: It's absolutely true.

It's clear, though, George Clooney is gay. He watches the show. Let me explain. For all the ladies out there who think he's amazing, just admitting he's either gay or he's married, just get over it and move on.
There's got to be someone...

BECKEL: Are you feeling a loss that he's married? And secondly, do you nag your boyfriend?

TANTAROS: I'm not feeling the loss for George Clooney. I actually think there's an important lesson, and that's never say never. Because George Clooney kept saying, "I will never do this. I will never do that." Looks like he did. But isn't being married, as Rita Rudner once said, the one person you get to annoy for the rest of your life?

BECKEL: Believe me, that's true.

PERINO: No, that's Bob.

BECKEL: Greg, do you ever get -- do you ever get nagged?

GUTFELD: Yes.

BECKEL: Give me an example.

PERINO: Smoking.

GUTFELD: Yes. Clothes. Marriage is fraught with friction, because you're taking two sides of the human -- this human being, male and female, you're putting them together. And that's what happens. That's how it works.
There are two different things.

But Bob giving advice on relationships is like Dana giving advice on how to get things from a tall shelf.

BECKEL: Yes, it's exactly right.

"One More Thing."..

BOLLING: Wait, they wanted to make sure I point out that I was kidding about being gay -- he's either gay or married so he's off the market. So stop dreaming about George Clooney.

BECKEL: That was -- "One More Thing" is up next.

PERINO: I get it.

(COMMERCIAL BREAK)

BOLLING: OK. Time for "One More Thing." A quick clarification. Earlier, we had a graphic that said Donald Sterling was scheduled to receive an NCAA award, which should have said NAACP award.

Andrea, you're up first.

TANTAROS: OK. I covered this story on "One More Thing" before. It's an issue of parent alienation.

Actor Jason Patric has been fighting for custody, just some rights to see his young son, Gus, for over a year now. And today, in a first-of-its-kind legal ruling, a judge said that he is allowed to say his son's name. That was one ripple of his case, where his ex-, Danielle Schreiber, was trying to prevent him from even saying his son's name, Gus. He prevailed just moments ago in court. So this is breaking news. And we're very, very happy for Jason. Hopefully, he will get to see his son soon, but it's a small win in a big fight.

BOLLING: Good job. Greg, you're up.

GUTFELD: It is time for...

(BEGIN VIDEO CLIP)

ANNOUNCER: Greg's Prom Tips.

(END VIDEO CLIP)

GUTFELD: So obviously, it's coming up on the prom. Big season. Here are tips to asking people to the prom.

Don't ask a stranger. Don't -- if it's somebody you know, you have a better bet of them going with you. But the most important thing, no drama.
None of these prom proposals, because the fact is, for the woman, if he's more into the spectacle, then he's less into you. Somebody's honest, that comes up to you and asks you, that takes more guts than a high-drama spectacle that in the end, all he really wants is something from you.

BOLLING: All right. Dana, you're up.

PERINO: OK. I'm going to use one of Greg's graphics, because I...

... hate these people is what it's supposed to do.

This Monday I was -- you know how it is on "The Five." OK, so I hate these people. I went to the -- a Broadway theater on Saturday night. Right, this is not like going to a cheap movie theater. When did they start selling, like, the candies and the pretzels and everything, inside the theater like you're at a baseball game? Now, it was annoying to me to listen to this young woman eat three bags of pretzels with rustling the bag. But think about the actors. They deserve better. "Les Mis" is a great show. I encourage everyone to see it, but don't let people eat candy.

GUTFELD: "Les Mis," is that something Bono (ph)...

PERINO: You know, "Les Mis," during "Les Mis."

BECKEL: A new thing has happened, a relatively new thing in the airlines industry some strong endorse. And that is that flight attendants are beginning to send out selfies of themselves in uniform. I think it's going to do a world of good for the airline industry. I think it's going to be particularly helpful if you're back to the friendly skies. And these are some pretty -- yes, there you go. Now, as long as -- they're not doing anything wrong, as long as their uniforms are on.

You get the next one.

BOLLING: Yes, I have to do this again. I have to clarify the clarification. I was kidding about the George Clooney thing. He's married. He's off the market. That's all. That's all I have to say.

Don't forget to set your DVRs so you never miss an episode of "The Five."
We'll see you back here tomorrow.

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