Can Clippers owner be forced to sell the team?

This is a rush transcript from "The Five," April 29, 2014. This copy may not be in its final form and may be updated.

ANDREA TANTAROS, CO-HOST: Hello, everyone. I'm Andrea Tantaros, along with Julie Roginsky, Eric Bolling, Katie Pavlich and Greg Gutfeld.

It's 5 o'clock in New York City and this is "The Five."

(MUSIC)

TANTAROS: Well, the NBA has made a decision on L.A. Clippers owner Donald Sterling, the verdict banned for life.

(BEGIN VIDEO CLIP)

ADAM SILVER, NBA COMMISSIONER: Effective immediately, I am banning Mr. Sterling for life from any association with the Clippers' organization or the NBA. I am also fining Mr. Sterling $2.5 million, the maximum amount allowed under the NBA constitution. I will urge the board of governors to exercise its authority to force a sale of the team and will do everything in my power to ensure that that happens.

(END VIDEO CLIP)

TANTAROS: So what Sterling's reaction to his punishment?

Well, FOX News contributor Jim Gray spoke with him earlier.

(BEGIN VIDEO CLIP)

JIM GRAY, SPORTSCASTER: I just called Donald Sterling on the telephone to get his reaction to being banned for life. He did pick up the telephone. I asked him for his thoughts on this. He said, "I have no comment." I said, "Do you want to have anything to say about this?" And he said, "No, no comment, nothing at this time." I asked him if there was any remorse, and he just said, "Jim, I'm not going to speak about this, I have no comment."

But he told me prior to this announcement that the team was not for sale and he would not be selling the team. Perhaps he will have a change of heart knowing that he will not be able to have anything to do with the team going forward.

(END VIDEO CLIP)

TANTAROS: All right. So, Eric, did the NBA go far enough? It sounds like Sterling doesn't really care. He's not really commenting on this. But these are pretty, pretty strict sanctions.

ERIC BOLLING, CO-HOST: Very strict. I think NBA did exactly -- they went to the very limit, as Mr. Silver said, he said they said $2.5 million was the maximum penalty under their constitution. First of all, that's ridiculous. They could actually make it higher.

Did they go far enough? There are some who are saying, Ands, right now, that they went too far. They are saying a private conversation held in the man's home, granted. You know, he asked his 38-year-old girlfriend to tape it. She tapes it, she leaks it.

Should he be not fined, but should he ban for life? I mean, he owns the team. How do you ban a guy who owns the team for life?

And then he went on to say, Mr. Silver went on to say they are going to push the other owners to force Mr. Sterling to sell the team. I'm not sure they can do that. I mean, granted, it may be in their constitution, I think there's a bigger constitution in play here. It's the U.S. Constitution.

Doesn't he -- listen, I think what he said was outrageous. I think it's ridiculous. I think it was bigoted and racist, but do they have the right to take property from him or force him to sell property? I'm not sure the U.S. Constitution will override them.

Can I make one quick point? If Mr. Sterling were being honored instead by the NAACP, if you were being honored by the Koch brothers for lifetime achievement or by the Tea Party for lifetime achievement, and this came out in the wake of all this, of all that, would the media still treat him the same way, would the media still treat the NAACP the same way and the Koch brothers the same way, would they have the same treatment to Al Sharpton, that they would to say the Tea Party, if that was the case? I have a hunch, strong hunch it would be no.

TANTAROS: Do you have a hard time believing that?

BOLLING: I do.

TANTAROS: Why does not surprise me?

BOLLING: Yes.

TANTAROS: Greg, what do you think about this? So, the NBA is coming down. They are saying they can't -- based on NBA rules -- force him to sell the team. We talk about this yesterday, if the team becomes insolvent, then they can. It sounds like Sterling is pretty defiant.

Can you imagine a situation where a majority of the NBA owners don't vote in favor of having this sold?

GREG GUTFELD, CO-HOST: Yes, I mean, not this punishment. I don't think they went far enough. He should sell the basketball team and be forced to buy a soccer team.

The amazing part about this story that no one is talking about, except for me, is that last night, he went out to dinner. Sterling went to a steak house. Now, if this were me, I would be ordering in, I would be ordering pizza because I'm sure on that salad, that's not Thousand Island dressing.

I would not trust any chef at this point. The great thing about this is the story is almost essentially over. What we thought would be a five-day story really is a two-day story because the punishment was swift. It's kind of a bummer for us on a slow news day because this is a perfect story for slow news.

It's an idiot who says something stupid. This is what happens, but the quick action kind of killed the story and now, we're stuck dealing with problems that actually affect our lives, like really big moral political issues, racism is bad but it's an old bozo. There's racism all over the place from people who aren't billionaires.

TANTAROS: Do you really -- and you're right. This action was very, very swift, when you think about it. It takes me longer to get a cron-up (ph) in New York than it did for them to sanction him, Katie.

But does this story go away? Will it really end here?

KATIE PAVLICH, CO-HOST: Well, I don't think it's going to end necessarily here with this guy. I think the NBA is going to -- took care of it. They're moving on. They don't want him associate in any way, in any form. They're not going to talk about him any more.

And I think, you know, you can ask, did they go far enough? He clearly doesn't care about this, because he doesn't need to care. He has plenty of money. He can move on with his life. He has plenty of people around him who are willing to put up with his behavior.

My main question is this, we have this big blow-up with these comments and he stupidly asked someone to record them, if he didn't want them to get out. But why did not come out before? He has been this way for years and years. The Department of Justice filed a lawsuit against him years ago because he was discriminating against blacks who he's banning from renting his properties, openly discriminating about it, saying these horrific comments.

So, my question, when there's money on the line and rich guys like this are giving you money, are you willing to put up the money because they're brushing it under rug? It was only until when this private conversation was public, that we, all of a sudden, have this big blow up. Why was this not done before? It's not like we didn't know this.

TANTAROS: So, Julie, I want to ask you that. So, Bernie Goldberg was on last night on "THE KELLY FILE." And he said this is a good day for the United States because it speaks to how we view racism, right? We're saying we're not going to have it. There was a quick reaction. However, Katie brings up the point about a lot of these was known before. That he was a bigot, and it was hidden by the American dollar.

So, is this a good day for racism? Or does it say more that we're intolerant or are we tolerant? Which one is it?

JULIE ROGINSKY, CO-HOST: Well, first of all, I commend my friend Eric Bolling for somehow victimizing the Tea Party throughout all this. I could not possibly have had a segment without making the Tea Party a victim in this. I will --

BOLLING: Can you imagine --

ROGINSKY: Oh, come on. We're talking about racism and you're bringing up the Tea Party.

BOLLING: If Donald Sterling was being honored by the Tea Party and he makes these comments, and all of a sudden, everyone goes, well, why didn't the Tea Party know?

ROGINSKY: You know what they should do to Donald Sterling? Instead of -- they should ban him for life. But instead of trying to get him to sell the team, they should make him volunteer 500 hours or 1,000 hours, literally volunteer. Not like Chris Brown fake volunteer, but really volunteer and some women's shelters, some minority, you know, some organization, not write a check but literally sit there day in and day out and look at people --

(CROSSTALK)

PAVLICH: I don't think that those people should have to be around a guy like this.

ROGINSKY: No, I think he should see exactly -- he should see exactly what people who are subjugated racially on a daily basis, on women who are discriminated against go through.

BOLLING: Let's use your litmus test. He should be banned for life for something he said in the privacy of his home that's viewed as bigoted and racist. Senator Harry Reid, 2008 or so, said -- not president -- Barack Obama was he liked him, he was a light skinned black man and liked that he didn't have a Negro dialect.

ROGINSKY: Yes, and it was a stupid thing to say.

BOLLING: It sounds racist. It sounds bigoted. So, should he pay $2.5 million? And should Senator Harry Reid have to step down from the Senate for saying that comment?

ROGINSKY: Senator Harry Reid, if you don't like what he said -- well, let me answer the question, if you don't like what Harry Reid, you should vote against him.

BOLLING: No, no, should you ban him for life?

ROGINSKY: From what?

BOLLING: Well, you just ban Sterling for life for making a comment in his home.

ROGINSKY: You want to ban Harry Reid from the NBA? What do you want --

TANTAROS: What Eric is trying to say is, does the punishment really fit the crime? It's not really consistent comment.

So, Mark Cuban who called these comments abhorrent does not appear to know that this word "slippery slope" is a banned phrase by Greg Gutfeld, he used it. And he says this is exactly what this is.

(BEGIN VIDEO CLIP)

MARK CUBAN, DALLAS MAVERICKS OWNER: What Donald said was wrong. It was abhorrent. There's no place for racism in the NBA, any business I'm associated with, and I don't want to be associated with people who have that position.

But at the same time, that's a decision I make, and it's -- I think you've got to be very, very careful when you start making blanket statements about what people say and think as opposed to what they do. It's a very, very slippery slope.

(END VIDEO CLIP)

TANTAROS: OK, Greg, on Facebook and Twitter, a lot of people have felt this way. They weighed in. They've said, he was in the privacy of his own home. Some people say that he was set up. What about the First Amendment?

Is this a slippery slope for words in the privacy of your own home?

GUTFELD: Well, you know who actually said this probably best was Kareem Abdul-Jabbar in "Time Magazine." If you haven't read that column, it's great.

It seems like we have more to fear from TMZ than the NSA, if it's no big deal to have your conversations taped.

I think what Mark Cuban is talking about maybe is like, what happens if you would secretly tape NBA players when they're talking about gays entering the sport? What would you hear then? Or what if they were talking about the cheerleaders or what they were going to do after the game? What would you -- what kind of language would you hear in a locker room? It would be positively frightening.

And I think the idea -- that is I guess -- I hate to use the word, I'll just say "S.S." That's the S.S., is that everybody is vulnerable to being secretly taped.

And that goes to the second wave of the story. Is the girlfriend going to be arrested? Because -- I mean, most people do feel that she's kind of gross what she did. It seems like this was planned as bigoted as he is, this was probably planned and he seemed kind of medicated. I would know.

It's like will she be arrested? Did she break the law in California?

TANTAROS: She did. She did in California.

So, Katie, I think she knew that he felt this way, so she deliberately tape-recorded him because she wanted some kind of revenge or whatever her motives were. And in California, both parties need to consent to being on that tape. So, she did break the law.

But isn't the point -- all right, she broke the law. Isn't it too late? The damage has been done.

PAVLICH: Oh, yes, the damage has been done, but that doesn't mean that there shouldn't be consequences for the law, right? I mean, she did break the law in doing this. She absolutely knew who this guy was. I mean, she talked to him I'm sure multiple times, there are a hundreds hours of this tape, we haven't heard it all, we only heard a little bit of it.

And everybody around him knew he was this person and they did nothing about it. It was public knowledge. The Department of Justice had this lawsuit against him and they still stopped by and said -- the NAACP, of all people, just stopped by and took his money, and now, they're in this position where they want to forgive him and maybe move on because they want to continue getting his checks.

And, fine, but, you know, you can't ignore the fact that he was this way for a long time and then you are ready to cash in and then take advantage of the situation.

TANTAROS: Eric, was Cuban right about this?

BOLLING: I think he -- he taints this -- that was -- if I'm not mistaken, that was yesterday and I think he change his tune a little bit today.

I would -- a couple of observations. Bernie Goldberg, he said it's a great day in America where this is such a big story. Well, Greg said that yesterday. So, clearly, Bernie Goldberg is watching "The Five," watching Greg. That's one observation.

Number two, Adam Silver, the commissioner, do you watch this? He's -- is he the worst commissioner you've ever seen?

TANTAROS: He was nervous.

BOLLING: He was nervous. There was no confidence there.

You know who really had stature, who you want -- Kevin Johnson, the player rep, who represented the players -- wow, he was fantastic. Make Kevin Johnson the commissioner of the NBA.

GUTFELD: I think he has aspirations greater than that.

(CROSSTALK)

BOLLING: Every Sunday show is going to have this. All the Sunday circuit is going to have this, will they ask the question where was the NAACP? Why did they not know about this? If they did know about it, why they did still honor the man?

PAVLICH: And why were still willing to move forward with him and forgive him for his sins, when they're not willing to forgive other people for them?

TANTAROS: OK. We didn't have time, but ex-Knick Larry Johnson is now calling for an all-black league. And so, we'll put that question out on Twitter. But that doesn't -- that actually does not contribute to your point about it being such a great day, Greg, when people are calling for all-black leagues now. So, my question is, have we moved past racism or have we not?

GUTFELD: Black is slimming, for me at least.

TANTAROS: All right. Straight ahead, should our secretary of state resign? John Kerry is backpedaling on his remarks now about Israel becoming an apartheid state if peace talks fail. But is that enough? Ted Cruz and even Charles Krauthammer think he should step down. That firestorm coming up next.

(COMMERCIAL BREAK)

BOLLING: Welcome back, everybody.

Secretary of State John Kerry blew himself up recently with some ridiculous comments on the state of Israel.

(BEGIN AUDIO CLIP)

JOHN KERRY, SECRETARY OF STATE: The unitary state winds up either being an apartheid state with second class citizens or it ends up being a state that destroys the capacity of Israel to be a Jewish state.

(END AUDIO CLIP)

BOLLING: So, let me get this straight. The United States secretary of state just compared Israel to the decades of white oppression over blacks in South Africa. That bizarre comparison drew swift reaction from many, with some calling for Kerry's resignation.

(BEGIN VIDEO CLIP)

SEN. TED CRUZ (R), TEXAS: Secretary Kerry has proven himself unsuitable for the position he holds. And therefore, before any further harm is done to our national security interests and to our critical alliance with the nation of Israel, that John Kerry should offer President Obama his resignation.

CHARLES KRAUTHAMMER, FOX NEWS CONTRIBUTOR: This is a resigning-type statement. This is an injury to an ally that will echo because it will be repeated and people will say I'm not saying this. This is the secretary of state of the United States.

It is untrue. It's pernicious and is truly something that demands at the very least an immediate apology.

(END VIDEO CLIPS)

BOLLING: So, Katie Pavlich, you tweeted something, I believe it was last night or this morning.

PAVLICH: It was late last night.

BOLLING: And caught fire. Caught the eye of a lot of people.

PAVLICH: It caught some fire because I accused Barack Obama of being anti- Semitic. That's based on his actions with Israel, not just recently with Secretary of State John Kerry saying that he compared comparing Israel to an apartheid state, but also the past five, six years of his administration -- whether it's appointing Samantha Powers, to the U.N., she's rabidly anti-Israel. Whether it's appointing Chuck Hagel as secretary of defense, also very anti-Israel. Whether it's President Obama calling for 1967 borders, or even just the disrespect that he showed toward Benjamin Netanyahu when he came a couple of years ago to Washington, D.C., to meet with the president. Just those photos, you can see it. It's about their actions.

I want to read something from Caroline Glick, who is a columnist for "The Jerusalem Post." She said, quote, "Kerry's apartheid remarks are a watershed event. They represent the first time a sitting U.S. secretary of state has publicly endorsed an anti-Semitic character of Jews and the Jewish state."

And the fact is that Barack Obama should not only be waiting for his resignation, he should be asking for his resignation. But so far, he has said nothing to condemn these remarks.

BOLLING: Gregory, Senator Ted Cruz said John Kerry is unsuitable and Charles Krauthammer said it's pernicious at the very least. Your thoughts?

GUTFELD: I -- you know, I love Charles Krauthammer. How can you not love him?

BOLLING: Yes, I love him.

GUTFELD: But how can somebody resign when they're just already seemed resigned? And that's Kerry. I -- if he leaves, he's just going to get more of the same.

Here's an idea for the people like, you know, Ted Cruz -- win an election. You know? Then you don't have to scream for heads to roll. You know, it seems it's always easier to lose and attack the people that beat you.

But now, it's time to figure out a way to beat these guys rather than constantly call for their resignation. He's probably not going to resign. This extreme comparison is -- it's the equivalent of breathing for leftists, you know, comparing something to apartheid. Unfortunately, it happens on the right as well. A couple of weeks ago, it happened with slavery.

So, this is something that happens when people talk too much, this stuff happens. We should treat our allies better than our adversaries, and I think that's maybe the problem with this administration. They sometimes get confused and I'm saying that diplomatically.

BOLLING: So, Katie says it's kind of a culture. Greg said it might be just a slip. Or win some elections and make some changes.

Where you do fall on this one?

TANTAROS: I think it's the culture of the administration. First and foremost, they make these really harsh comments and then they walk them back. They draw red lines. They don't enforce them. So, their words are questionable.

However, it is a trend you see on the left where they make very insulting hurtful comments about Israel. We've seen this going back to the Clinton era when Hillary hugged Arafat. There always seems to be some kind of controversy.

As far as John Kerry is concerned, you know, diplomats are supposed to choose their words very, very carefully. He was giving speeches on climate change and using the word diplomacy, just saying diplomacy. I want him to go back to that. In fact, I want him to just give out iPods and basketballs, and clean his boat, the Scaramouche.

Just like President Obama -- do every single thing except but meddle in foreign affairs because you are not good at it? So, I would rather have them, instead of doing more harm than good, do nothing.

BOLLING: You want to defend?

ROGINSKY: I'm not going to defend the statements because those were nonsensical (ph) statements and I certainly would not defend them. And, frankly, I've been critical on this president on Israel and I have in the past. I have a lot of family that live in Israel, they're not fans of his, and I don't think Obama has been great on this issue.

I will say this -- Kerry's second point was well-taken. If there is not a two state solution, if things continue the way they are, Israel will no longer be a Jewish state because demographics are not on their side. To that point, I absolutely agree with him.

BOLLING: But should he be saying that?

ROGINSKY: Should he be saying apartheid? Absolutely not. It was a stupid thing to say and I've said that.

BOLLING: Should he be acknowledging --

ROGINSKY: Of course, he should.

BOLLING: He should?

(CROSSTALK)

ROGINSKY: I'm sorry, no, let me say this.

(CROSSTALK)

PAVLICH: -- with demographics. If you look at statistics of demographics, actually, the demographics the administration has been using and a lot of people have been using actually debunk this whole idea.

ROGINSKY: It doesn't debunk.

PAVLICH: No, the Jewish state is not going to be a majority and the fact is that the Palestinians are the ones who are not diverse. In the Israel there's a diversity of a peaceful of the coalition of different religions, as you know.

Palestinians aren't interested in that. They are interested in cleansing the entire area. And then they can move in and have their own faith.

ROGINSKY: Wait. Excuse me, as somebody who has been there a lot of times, has a lot of family there, let me tell you this -- the demographics are such that the birth rate is much stronger among the Palestinians. You could -- there are -- listen, Israelis are our friends. We should be speaking honestly to our friends.

And to our friends and to my family and to others, I would say, that if you don't do something about this right now, if you don't create a two-state solution for the Arabs, you're not going to have a majority Jewish state, based in demographics.

(CROSSTALK)

TANTAROS: We can read facts about what's happening in Israel, but as long as you have a secretary of state who says, "I chose the wrong word." OK, then what word did you mean to say? Because if the outcome is what John Kerry wants, he's going about it completely the wrong way.

So, he says he wants one certain thing but making these comments signal to Israel there's no way if I were Israeli right now. I would say, you know what, I'm going to follow you.

(CROSSTALK)

BOLLING: Can I read this statement from Senator Barbara Boxer? Can you put it out guys? Can we pull that up?

She says, "Israel is the only democracy in the Middle East and any linkage between Israel and apartheid is nonsensical and ridiculous."

ROGINSKY: She's right?

BOLLING: Greg?

GUTFELD: This is incredibly embarrassing for me because I have to agree with Barbara Boxer.

BOLLING: That's true.

GUTFELD: I don't know how -- I feel sick inside. But I mean, Israel is a desirable place, not just for Jews but also for Arabs. I mean, the standard of living for Arabs is a lot higher than in Muslim countries. There's more opportunity there.

Julie, you were talking certainly about demographics and I think that's an important point to raise.

ROGINSKY: Thank you.

BOLLING: Can we also just point that John Kerry has also said he wished he could roll the tape back and use a different word.

GUTFELD: He wishes that a lot though.

PAVLICH: After in the same statement denying that he'd ever used the word.

GUTFELD: He should talk backwards all the time.

BOLLING: And then we would give him --

GUTFELD: Then we just roll it forward when we want to use it.

ROGINSKY: It's like "Stairway to Heaven," there's a secret message in there somewhere if we play it backwards. Awesome.

(CROSSTALK)

ROGINSKY: You are my friend do not challenge me --

PAVLICH: It was both.

(CROSSTALK)

GUTFELD: Paul is dead.

ROGINSKY: Paul is dead, Paul is dead, Paul is dead.

BOLLING: All right. Next, political correctness gone wild again on an Ivy League campus. A great fundraising phiesta for people with heart problems is cancelled over concerns about racial insensitivity. Greg is here to tell you all about that, coming right up.

(COMMERCIAL BREAK)

GUTFELD: So, two Dartmouth Greek groups have nixed a fund-raiser for heart patients, because one student didn't like the Mexican theme, the "Phiesta," was to have burritos and guac. But Alpha Phi and Phi Delta Alpha scrapped it after self-described, Mexican-born, United States-raised first generation woman of color called it cultural appropriation and won, because that's all you need.

Said the Phi Delt president, quote, "The possibility of offending even one member of the Dartmouth community was not worth the potential benefits of having the fundraiser." You wimp.

Now my buddy Joe traces this idiocy to two words that start every self- absorbed student's complaint, "as a." You know, "as a Native American lesbian, I'm outraged," "as a feminist ambisexual pole vaulter, I am speechless," "as a sequential hermaphroditic Icelander, I am devastated." It's too much.

And, as a high-challenged loud mouth of German descent, I have it. No more Oktoberfest, then, I find the hosiery a mockery of my people.

As a rule, we should all be outraged by bigotry. I get it. But this ain't it. Students seem more consumed by identity than industry. And the campus feeds the attention-seeing, which is why a place once safe for speech is now the flagship for the feeling fascists.

College is the IKEA of intolerance where one comes to build a fragile identity, incapable of withstanding the slightest words. I'd call them a bunch of "P" words, but that's been banned on campus, too.

It's true, you can't say it.

BOLLING: You can't?

GUTFELD: No, you can't say it. Well, maybe you can, but if you do, you'll be picketed, or worse.

By the way, Eric, what is worse, the complaint or how they folded so quickly?

"All right. You're right. One person's mad."

BOLLING: That's what they're taught. You know, you even approach that PC line, you are going to get yourself in so much trouble, and don't ever expect to get a job in the liberal media if you do approach or cross the PC line.

GUTFELD: Yes.

BOLLING: It's just really weird that someone who's self-described person of color, with origin -- of Hispanic origin -- is that right?

GUTFELD: Yes, I guess so.

BOLLING: ...has a problem with the "P-H-I" part of Phiesta. I just...

GUTFELD: It's a pun.

BOLLING: I just came back from Mexico, and those people are the most passionate people on the planet. Proud of their heritage.

PAVLICH: They would be happy they were being celebrated.

ROGINSKY: I love tequila, and I want to thank my friend, Stephanie Brewer, for introducing me to it on Cinco de Mayo, coming up on Monday.

Look, isn't college where you're supposed to come up with stupid ideas? I was a vegetarian for one day in college, because I wanted to protest the killing of meat, and then I realized I loved Big Macs too much. And I had to go back to eating meat.

But that's where you do it. That's what college is for. Then you grow up, and you realize this is stupid.

GUTFELD: Every time -- every time somebody introduces me to at tequila, a few hours later, I introduce it to other people.

BOLLING: A perfect examples.

GUTFELD: Angie, the cardiac patients that they wanted to treat, they were probably old and white anyway, so it would have been racist to help them.

TANTAROS: I'm actually offended as a Greek woman that they're saying -- and you said in your monologue that Greeks are doing this, and it's really the fraternity system and not Greeks of Greek heritage.

GUTFELD: Right.

TANTAROS: And I also wanted to know. Like, OK, let's say you, Greg, and your "Red Eye" buddies start to drink a lot of ouzo and smash plates on Greek Independence Day. Should I be offended by that?

I mean, I guess I'm just wondering what are the rules for cultural sensitivity? So on one hand, universities are encouraging multiculturalism, and they're encouraging us to celebrate, and they put all these other cultures. But when we do it, we're called racist.

So I just want someone to tell me the rules. I love to drink margaritas. I may or may not have been known to wear a sombrero from time to time on Cinco de Mayo and eat lots of guacamole. Am I a racist? Am I allowed to do that on Monday?

GUTFELD: It has to be segregated in a Mexican restaurant. That's the only time you could ever, like, have a margarita.

ROGINSKY: Is it just Cinco de Mayo. Can I do it on Cinco de -- horrible. Can I do it on Sunday?

BOLLING: Quattro.

ROGINSKY: Quattro.

BOLLING: We want to get Katie here, but I literally -- I was at a stand, I was going to buy a sombrero to wear on Cinco de Mayo. And I thought the exact same thing you just said. Someone's going to be calling me a racist.

Now, I speak the language, love the culture. But if I put a sombrero on, and I'm, like -- and it's Cinco de Mayo, some idiot's going to call me racist.

PAVLICH: Yes. If you don't embrace the culture, you're racist. If you embrace the culture, you're racist. I think embracing it is a way to respect the culture and is a fun way to get people together. Fiesta is for everyone. Fiesta on, on Monday. We'll all have margaritas.

TANTAROS: The problem with is, you have to wait for the left to come to you to tell you what's acceptable in the United States but by then it's too late. You've already tried to celebrate a culture and you're considered a racist.

ROGINSKY: As a representative of the left, I cannot way for my margarita and sombrero on Monday. Sorry, guys. No salt. No salt. You know what? Skip the margarita. Just go for the tequila. Let's cut to the chase: shots.

GUTFELD: All right. Ahead on "The Five" -- you're a drunk -- the death toll rises as tornadoes terrorize the South and Midwest. More dangerous storms are in the forecast. We'll tell you where and how you can help coming up.

(COMMERCIAL BREAK)

PAVLICH: Well, a new ABC News/Washington Post poll shows Obama and the Democrats are in big trouble. The president's overall approval is at this pole's all-time low of 41 percent. Domestically, percent approved the president's handling of the economy, while only 37 percent approved of the implementation of his signature health law.

On the issue of the biggest issue abroad, the situation involving Russia and Ukraine, a mere 34 percent approve.

What does this does all add up to? By a 53 to 39 percent margin, voters say they'd rather see Republicans control Congress to counter Obama's policies than a Democratically-led one to support him.

So are we seeing a set-up for another wave election for the GOP like 2010?

Andrea, the number for me in this poll that was the most important, that independents are willing to vote more for candidates who are against Obamacare than for it. The DNC still seems to want to run on Obama care. The president still is saying -- he said directly when they announced new Obamacare enrollment numbers just a couple weeks ago as 8 million, that they need to go out and be proud of Obamacare and that they should be using this message. What about the independent numbers? How many Republicans are getting ready (ph) towards the polls?

TANTAROS: They're definitely important, and I hope they do run on Obamacare car. I hope they run very fast and hard. And I don't think that they will.

And I think it's really what's the message of the administration? I mean typically presidents don't do as well in the polling in their second term, so this isn't a huge surprise, you know, to geeks who follow the numbers like you and I.

PAVLICH: Right.

TANTAROS: But I really do question what's the message? One minute it's birth control for women. The next minute he's drawing a red line he's not going to be enforce. Then he's talking about, you know, the NBA. What's the message of this administration? It seems like a Ping-Pong ball in a bunch of different directions. I think they've very vulnerable on Obamacare, because as much as they do try and say it's working, it's something that touches every single household and women, that key demo, that they are so convinced they have a monopoly on, are incredibly very savvy when it comes to health care.

PAVLICH: Eric, question for you. President Obama is constantly complaining about Congress, how they're always in the way, if they would just do something and get out of his way. But this poll shows that people want to vote for someone who is going to stop and slow that process down even further. It debunks the idea that Congress is getting in the way and not doing their jobs. Right? The system is set up that way for a reason.

BOLLING: Let's talk about that poll for one second. It came out today. So this morning I'm listening. I switch back and forth between the "FOX & Friends." I listen to "Morning Joe" once in a while. I hear Mika ask Eugene Robinson, who works for "The Washington Post," who's an opinion writer there. She said, "What about this poll?" And I can't tell you how quickly he backpedaled from that poll. He's like, "Well, The poll, yes, it's a new low and we'll just have to wait for the next poll to come out." It came out today.

It's hysterical, on the left, when it's not working for them, they just completely distance themselves from the number. Just like when 538, you know, that guy was a hero when he picked the right races in the last election, 2012 election. But now he's saying the Senate might go Republican, he's an idiot. They don't know what they're talking about. It's kind of funny.

PAVLICH: Julie, do you think that Democrats and President Obama are going to be able to get those poll numbers up? Especially since we're getting to that time when campaigns are going to launch?

ROGINSKY: We're in trouble, and for my Democratic friends, stop drinking the Kool-Aid. It is going to be a bad November for us. I don't know if we're going to lose the Senate, but we're definitely going to lose heat.

You know, if you look at the same poll on the majority of issues, Democrats are more trusted than Republicans. The problem is the demographics and the turnout. And this is going to be a much whiter, older, base election. The younger women, single women, younger voters, millennials are not coming out in November, and that's a big problem for Democrats, even though the message of the polling shows that, on the messaging, Democrats are the ones that people agree with more. We need to get our base out. I think our base is staying home in November, and that is going to be a big problem for Democrats.

It is good for the next presidential election, though, because if I can count on one thing my Republican friends, they're going to get in power. They're going to screw it up again. They're going to go way too far to the right. And then the public is going to say, "Enough. We can't elect a Republican president." If you're Hillary Clinton, you should kind of secretly maybe be rooting for a Republican takeover.

PAVLICH: Well, if Republicans win, then Greg can finally be happy that they're winning and not just calling for resignations.

GUTFELD: Yes, that's the point. You know, President Obama is not interested in going out on top. In his mind he is the top. I mean, he introduced an entitlement that will be for us how long. That's the bureaucrat's equivalent of being Microsoft. I mean, he -- because you can't build a business, but you can create an entitlement. He was willing to pay that price, and now they will.

And the reason why the Democrats are going to suffer the most is that this is not a cool vote to make. This is not a historical vote. This isn't a vote that's going to make you feel good. This is a vote that is going to make the pain go away, that's going to alleviate the suffering of the next six years.

You mentioned that, you know, the Republicans will screw it up, and perhaps they will, by going too far to the right. But what we've seen is an administration that has pushed so far to the left that you can't go any further to the left, which actually helps Hillary, because Hillary can say, "Don't worry; I'm not going to be like Obama." It actually helps the Republicans, but it might actually help Hillary, who's saying, "I'm going to be the centrist."

PAVLICH: We'll see how it goes in November. We're getting closer, day by day.

Well, coming up, the NAACP quickly dropped its plan to honor Donald Sterling after a racist recording of him surfaced. But it's willing to forgive him and still work with the Clippers owner. We're going to try and figure out that one when "The Five" returns.

(COMMERCIAL BREAK)

ROGINSKY: Back now to Clippers owner Donald Sterling, banned for life today from the NBA over a racist rant caught on tape. The NAACP pulled its lifetime achievement award for Sterling after the controversial recording emerged, but interestingly, the group is open to working with him in the future. Hmm. Here's the chapter -- here's the president of the L.A. chapter.

(BEGIN VIDEO CLIP)

LEON JENKINS, PRESIDENT, L.A. CHAPTER, NAACP: God teaches us to forgive, and the way I look at it, after a sustained period of just proof to the African-American community that those words don't really reflect his heart, I think there's room for forgiveness. I wouldn't be a Christian if I said there wasn't.

We're negotiating with him about giving more money to African-American students at UCLA.

(END VIDEO CLIP)

ROGINSKY: OK, the Washington Journal political diary editor isn't buying the civil rights group's reaction to the Sterling scandal. Here's Jason Riley.

(BEGIN VIDEO CLIP)

JASON RILEY, POLITICAL DIARY EDITOR, WASHINGTON JOURNAL: This is another example of how the civil rights movement has become an industry, and you have groups like the NAACP, Al Sharpton, Jesse Jackson and others who basically go around the country, shaking down corporations and individuals for money. This man gave them money and that's what is most important to them. They claim to represent the interests of low-income poor underprivileged blacks, but this is more about lining their own pockets.

(END VIDEO CLIP)

ROGINSKY: All right, Greg, try to explain this.

GUTFELD: Money talks, bigots walk.

ROGINSKY: Right.

GUTFELD: But you know what? I understand this, because I'm married. The fastest way to be forgiven is to pony up. That's why on every street corner in New York City, there's a flower stand. If I know that I'm in the dog house, you've got to put out the money. The transfer of wealth backs up every apology.

But Jason Riley has a point. There's a lot of -- a lot of things are done truly because you feel you must -- you must pay the price, but you know, maybe we should take the NAACP at their word and say that's very nice of them to forgive. Maybe forgiving is important, and that's a nice thing.

ROGINSKY: Yes, you know, I'm a little confused because it's not like this guy hasn't had a pattern.

GUTFELD: Yes.

ROGINSKY: He's discriminated against minorities for how many years, well before then. But they honored him in 2009, I believe.

GUTFELD: Yes.

ROGINSKY: ... now that they won't rescind. But Katie, I mean, should they give the money back? They aren't giving the money back, but they're not giving the award back, which is to me bizarre.

PAVLICH: They should give the money back, but I would just hope that the NAACP is willing to offer just as much forgiveness to black conservatives for being conservative as they do for this guy.

GUTFELD: Good point. Yes.

PAVLICH: Because they treat black conservatives way worse, apparently, than they're trying to treat this guy, acting like there's going to be forgiveness. They're willing to work with him. They aren't willing to work with black conservatives. They call them Uncle Toms. That's ironic in this situation. So I would only hope that they extend that forgiveness to black conservatives for being conservative as much as they give...

ROGINSKY: What's -- what's with -- Eric, what's with not giving the award back? That's what gives no sense to me. A stupid award. Why not give it back?

BOLLING: I'm guessing that they should never have given it to him in the first place.

ROGINSKY: Right.

BOLLING: Since the 2009 -- you know, since 2009 award and current, he had some issues that everyone knew. Al Sharpton has told us on tape that he knew about his prior racial issues, yet he still decided to go on that -- into that award ceremony with Sterling.

So the question -- less about whether the NAACP wants to be Christian and forgiving and take Mr. Sterling's money and move on. That's fine. That's great. It's great. But what about Al Sharpton? Is he -- is he going to be outraged every time someone says something and then, when someone -- when an occurrence happens like this, he's going to share the spotlight and share the stage and share a dinner table with a guy who's this racist?

ROGINSKY: I'm going to go out on a limb and say Al Sharpton will be wherever there's a media...

BOLLING: Wherever there's a dollar.

ROGINSKY: Let me ask you this. You know, what's completely puzzling to me is that TMZ blows this whole thing wide open. But this guy has had lawsuit after lawsuit after lawsuit, which maybe is not as sexy as a recording by some 38-year-old money-grubbing tramp, emerge. And yet, the NAACP apparently said, "No problem. We're going to let it go. We're going to honor this guy." So honor, you know -- taking his money, to me, is one thing, because OK, maybe you can use the money for something good. But honoring him makes no sense.

TANTAROS: So again, I just want someone to clarify the rules for me. So are the rules then, in fact, you can be racist as long as you are rich? Is that OK? It's like the last segment. I just want someone to clarify, especially the NAACP.

Here's also what's so bizarre that I think we're missing. Sterling hasn't apologized. What are they forgiving him for? They are giving forgiveness to a man who hasn't asked for it. So look at two sides. Look at the senator, the black senator. Did nothing wrong, did nothing racist, and he is called all these names by the NAACP. Where is the forgiveness when he did nothing wrong and didn't even have to apologize?

So again, I just wish the NAACP would clarify for me what is appropriate and who gets forgiveness and who doesn't.

ROGINSKY: All right. Thank you. "One More Thing" is up next.

(COMMERCIAL BREAK)

TANTAROS: Time now for "One More Thing" -- Greg.

GUTFELD: Well, Andrea, we live in some very, very difficult times, which often leads us to forget that it's time for this.

(BEGIN VIDEO CLIP)

ANNOUNCER: Greg's Prom Tips.

(END VIDEO CLIP)

GUTFELD: Yes, the prom is coming. Girls, if you haven't made your choice for the prom, consider the fun guy from the theater. You'll have a great time, and he won't lay a hand on you.

Now, if you're the guy, don't just ask the girl to the prom. If she says yes, you call her parents, and you tell the parents that that you're going to treat her daughter with the utmost respect and what time would you like her home? It's better that you get the parents to feel comfortable about you than it is to have fun and know that they're going up all night wondering what the hell you're doing. Be a man. You're going to be a boy because she's hot.

TANTAROS: Or a theater guy.

BOLLING: Or a thespian.

GUTFELD: A thespian.

TANTAROS: Eric.

BOLLING: OK. Haven't done this in a while. Snapchat me EB -- listen. There we go, EB2016. It's been a while. By the way, Snapchat, can you please get a "Snapchat all" button? I'm begging you. It makes it so much easier. I hate pressing this button 6,000 times. I'm going to put this out as soon as the show is over. EB2016.

TANTAROS: All right. Snapchat.

All right. Last night, I had the privilege of attending the evening of chance. It was held to kick off the Special Olympics 2014 games. That is me with T.J. Nelligan. He's chairman and CEO of the 2014 Special Olympics. And there we are last night. Porter Berry joined us, Kim Guilfoyle.

BOLLING: That's not Porter.

TANTAROS: That's not Porter. This is the owner of the Casa Grande Cigars. I even got some cigars for Bob as a peace offering for getting in a fight with him yesterday. When he feels better, he can smoke them.

And 21st Century FOX is partnering with the games, so I'll be there in June to kick them off at the opening ceremonies with all the athletes. So that will be really fun, so stay tuned for that. Katie.

PAVLICH: I'll be quick. A couple of years ago, people were panicking about drowning polar bears. Now looks like they're going to die because there's too much ice. So that's your story of the day. The polar bears cannot get to their food, because the fields, can't dig through the ice. So there you go. Stupid polar bears are back.

ROGINSKY: And I think on behalf of all of us, all of us want to send our love and thoughts to the people down south. We've had 28 victims so far of these horrible, horrible tornadoes across the south. And if you want to help please go to www.RedCross.org and see how you can help out.

BOLLING: Right. Keep your eye on that.

ROGINSKY: Very good "One More Thing."

TANTAROS: I was going to say "Outnumbered," "Outnumbered," you probably saw Kimberly there today with Harris Faulkner and Sandra Smith at noon. If you haven't, set your DVRs. You should do it to capture tomorrow live. Katie and I will be there. And don't forget to also set your DVR so you never miss an episode of "The Five." We'll see you right back here tomorrow, everyone. "Special Report" is up next.

BOLLING: Happy birthday, Porter.

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