Eric Holder lashes out at Fox News

Attorney general defends administration's reluctance to say 'Islamic extremism'


This is a rush transcript from "The Five," February 17, 2015. This copy may not be in its final form and may be updated.

ERIC BOLLING, CO-HOST: Just days after slaughtering nearly two dozen Christians, there are new reports that ISIS has burned 45 people to death in the western Iraqi town of al-Baghdadi, not far from the base where hundreds of marines are training local Iraqi forces, more on that in just a minute but first, the stunning response from the administration over concerns that they won't call Islamic terrorism by name. Today, Attorney general Eric Holder lashed out at Fox News for the criticism it's been getting.


ERIC HOLDER, U.S. ATTORNEY GENERAL: We spend more time, more time talking, about what do you call. It's supposed to what you do about it. You know? I mean really. You know, you know -- if Fox didn't talk about this, they have nothing else to talk about it would seem to me. You know, Radical Islam, Islamic extremism, you know -- I'm not sure an awful lot is gained by -- by saying it.


BOLLING: The Obama administration talks tougher to Fox News than they do to ISIS. Who's the enemy anyway, Fox News or Islamic terrorist killing innocent people? K.G., where you surprised when you hear Eric Holder?

KIMBERLY GUILFOYLE, CO-HOST: Yeah, why is he still talking?

BOLLING: Point the finger to Fox?

GUILFOYLE: I thought he was leaving.

BOLLING: It's our fault?

GUILFOYLE: I don't understand what's happening here. Yeah. But he talked -- missing the issue. So Fox News is the bad guy because we report the truth, because we're not afraid of words. This is the head of the department of justice. Whose team is he playing for? Why is he criticizing us instead of the bad guys, instead of the people that are beheading and burning people alive? How misdirecting and off base is this? It's frightening.

BOLLING: Greg, and -- and the media sits there and nods their heads and go, "Oh yeah, I'm OK." So, -- Fox News.

GREG GUTFELD, CO-HOST: Well, they did. I mean, they -- they agree with him. I mean, they hate Fox News because we keep kicking their ass everyday in the ratings. It's not -- it's not a complex defense.

GUILFOYLE: Do they know domination is in.

GUTFELD: Yes. Eric Holder keeps making the same mistake and then he blames FNC for happening to report on it. That's the problem. But there is a reason why language is important. You have these Christians that were burned to death by ISIS. If you call them Christians, then how do the PLO - - pro-PLO activist blame this on Jews. When Muslims kill Christians, there are no Jews in that equation. You called them citizens, then that minus the equation. That's why language is important, because language confuses the issue. You know, those Christians were decapitated, but it's our leadership with its inability to identify evil that truly is headless. There's no will, there's no leadership. It's just his tweaks and treats.

BOLLING: Dana, you know there's an old saying in baseball, if you have rabbit ears, you're gonna strike out. If you're up to the play and you can hear the other ranching (ph) you, you're rabbit -- you're hearing them. They are hearing Fox News.

GUILFOYLE: Dana knows that. 

DANA PERINO, CO-HOST: No, I don't know. You think -- you have to explain sports announcer.

BOLLING: Exactly. Sorry about that.

PERINO: Come on. Rabbit ears, yes. The easiest thing to do to get under Eric Holder's skin is just mention Fox News and he'll go ballistic. As if every other media outlet isn't carrying their water. It's really impressive thing for him. Can I just mention one thing though?

BOLLING: Yeah, yeah.

PERINO: When he's complaining that Fox News is suggesting that they should be more clear in their language, we're not the only ones. Let me give you a quick list. Former DIA, Defense Intelligence Agency Chief Michael Flint, said the same thing. Congresswoman Tulsi Gabbard of Hawaii, she's a Democrat. She actually fought in the war. Just last night on, On the Record with Greta, she said the exact same thing that we've been saying. Hillary Clinton -- January 21, 2015 is a month ago, said the same thing, so as Leon Panetta. But the most important person who said it is Egypt's President Abdel Fattah al-Sisi. He's the one who said that you have to call this what it is. And so, it's not just Fox News and that's why I think Eric Holder -- really just --

GUILFOYLE: And the pope (ph) PERINO: Try to leave on a high note.


BOLLING: Parting shot, parting shot. Before I leave, I'm gonna take one more shot of us.

JULIE ROGINSKY, GUEST CO-HOST: It's not a parting shot. You know, I don't understand why this administration consistently goes after Fox. It's like he thinks he's on the payroll here, because all it does is drive up Fox's ratings. I -- I don't get it. You're -- the number three of -- I mean, you're -- in the Cabinet, you're an important person, surely, coming down on Fox News is a little beneath -- or any media outlet, I don't understand. Look --

GUILFOYLE: It's kind of more point.

ROGINSKY: There's a point, there's a point to be made about what he is saying. Dana, correct me if I'm wrong, but even President Bush didn't like to refer to Islamic terrorism, because he didn't like to show that we're --

PERINO: Very clear about --

ROGINSKY: Yes. He didn't want --

PERINO: He's probably very clear in saying, there are extremist.

ROGINSKY: Correct.

PERINO: And -- it was similar.

ROGINSKY: Right. And then --

GUTFELD: How is that worked out?

ROGINSKY: Well, I'll tell you this. I mean, we don't want have the concept other (ph) that we're at war with Islam. We're at war with people who -- the president, I believe want to say, he's preventing Islam. But why, but hunting down a fight in ISIS.

GUILFOYLE: But they're Islamic extremist.

BOLLING: And all the blame is point now.

GUILFOYLE: They're not Christian extremist.

BOLLING: And by the way, I think a lot of people would agree with some of the things that we're reporting. Here's something else though. This is unbelievable, State department, their idea of how to win the war against ISIS, check this out.

(BEGIN VIDEO CLIP)  MARIE HARF, STATE DEPARTMENT SPOKESPERSON: We cannot kill our way out of this war. We need in the longer term -- meaning the longer term to go after the root causes that leads people to join these groups. They can work with countries around the world to help improve their governments. We can help build their economy so they can have job opportunities for these people. What makes these 17-year-old kids pick up an ak-47 instead of trying to start a business?

(END VIDEO CLIP) BOLLING: Job opportunities, there are no words to describe how more ironic, and this is harsh -- and these harsh comments are no words. It's comments like those however, that are eroding even the liberal support for the president's strategy of no strategy?

(BEGIN VIDEO CLIP) CHRIS MATTHEWS, POLITICAL COMMENTATOR: And what can we do? Can we do nothing? Can we just Look at the pictures, ask what's for supper? What's on TV tonight? We all know we need a plan, we need a root. It takes us to destroying ISIS, because, the alternative is too sick, too un-American to un-human. We can't see people killed like this in our face and simply flip it to the sports page or the financial news or -- what's in the movies or whose gonna win the Oscars and act like America, our country is not being morally humiliated because it is.

(END VIDEO CLIP)  BOLLING: Morally humiliated. When you lose the man, you used to give a thrill of the leg too, you're losing the battle and the war literally. Julie -- I mean, are you still on board with this strategy or no strategy?

ROGINSKY: Well, you know, I think nobody is -- nobody talks speaking truth to power here. Because the problem is, we -- since we actually face what we need to do to defeat ISIS. It involves a multi-decade commitment, troops on the ground, all of our manpower -- we were talking about probably a six or seven front war at this point and then six or seven different countries. And nobody --

GUILFOYLE: Because you let it go this far.

ROGINSKY: And nobody either - it's not because we want to go this far.


GUILFOYLE: Because now --

ROGINSKY: No, no, no. We were in Iraq for 10 years, the minute we pulled out. These guys pulled out.

GUILFOYLE: And who said to pull out and who failed the status of forces against --

ROGINSKY: Actually, it's the Bush administration.

GUILFOYLE: And provide training, it's not true.

ROGINSKLY: But that's not the point. The point is that, if we go back in, we have to stay there for decades, and nobody wants to say that. We want to talk about how we have to go back in there and kill these people. Well, killing these people requires spending decade upon decade upon taking nations buildings and probably --

GUILFOYLE: But you have to do whatever it takes.


GUILFOYLE: You can't sit there and be -- I'm fatigue, I'm suffering from restless leg and fatigue. I don't know want to do, I don't want to go --

ROGINSKY: I'm fine with that. But let's be honest about that.

BOLLING: Let me -- let me bring Dana here. There is a case to be made for - - making sure that there are opportunities within an Islamic world. However, shouldn't we stop them from killing us first? -- If that means killing them first and then having -- maybe assistance afterwards?

PERINO: A couple of things. I think that the State Department Press Office would do very well to utilize some of the subject matter experts that are in the building, that are responsible for these areas and put them out on television, and let them talk a little bit more about that. I mean, they don't always need to be on television and then tweet afterwards to explain, oh well actually, George Bush said this so now, after denigrating him for eight years, now I'm going to use him as my defense. When she is talking about disaffected young people in the Muslim world, they want jobs so that they don't become radicalized. You can actually make that case, maybe for some place like the million refugees that have fled Syria and are now living in Jordan. OK, they're living in camps and they're young people. The problem with our argument is that, most of the people that are going over to fight with ISIS are from middle class families, stable families and they're radicalization is happening online.

GUILFOYLE: And they're well educated --

PERINO: The first places -- and also -- they have this things that the first, as I learned today. First site you go is Twitter. If you're like a 15-year-old, 16-year-old, 17-year-old kid -- where can I learn more about this? Then they take you through like putting gasoline on a fire. It could take days or months to completely radicalize somebody. Someone in the Taliban could never have reached a 15-year-old in American, because they didn't have the technology. These are digitally successful, very smart people that are able to recruit young people. They're not looking for jobs.

BOLLING: So, right --

GUILFOYLE: The state department doesn't get that. That Marie Harf thing that we should open up car wash that's in Iraq and Syria and provide jobs to the evil doers, and then these problems will all go away.

BOLLING: So -- so the timing, the timing. People are still being beheaded - - burned alive, 45 people and - we're talking about of them.

GUTFELD: Talking about economic motivations allows you to ignore the religious motivations. The most obvious answer, this is what they're doing. The Jihad is not because they can't get a job at Arby's.


GUTFELD: As a law abiding American who has to eat and sleep and work, knowing that you have these chuckle buckets protecting our freedoms, in the faces, the first cohesive caliphate in a millennium, we are led by a pod of dorm room resident advisers. I cannot take this woman seriously.


GUTFELD: She really -- when you listen it sounds like an out take from the 40th anniversary of Saturday Night Live. If this were a corporation you would escort these clowns out of the building with their cat calendars and their Zen gardens and their cardboard boxes, and -- it's a model you end that must end. This is not Epcot center, this is the damn White House, the State Department, the United States of America, this is joke -- I'm sorry, I -- when you compare evil with purpose, with two evil with incompetence?

GUILFOYLE: Yeah. GUTFELD: Evil with purpose almost seems more appealing.

BOLLING: The news CNN, fallout today says 57 percent of Americans disapprove of how Obama is handling the threats by ISIS. And you couple that with 4,000 troops headed over to Kuwait right now, they'll be the first to battle. And Marie Harf suggest, job opportunities maybe the real way we should be more. 

GUILFOYLE: We can send a resume builder after them.

PERINO: She's short-handed it.

BOLLING: Incomprehensible.  PERINO: No, no, she short-handed it. She is -- she has some education and some expertise on this matter, OK. She had a degree in Middle East studies, she worked at the CIA, she's at the State Department. Different scenes that -- they seems to be caught in this world of talking points and then they give themselves on television in a place where they can't actually articulate these more complicated thoughts, that why I think they should try to find Richard Stengel, Patrick Kennedy -- Tony Blinken. Where's Samantha Power?


ROGINSKY: But you know -- but this is again, because I think the American people, they believe, are not ready to hear what it takes to defeat these people and the reality is nobody on either side --

PERINO: Do you think they --


PERINO: Do you think that they are not talking to the American people because they think we're not ready to hear it?

ROGINSKY: Do you think that this president.

PERINO: No, because they were in the state. ROGINSKY: This president after making a commitment, he ran to get us out of the Middle East is prepared to go before the American people and say hey, this is what it's gonna take to defeat them. We got to go back in, we got - -

BOLLING: Why not? That's his job.

ROGINSKY: Because -- because --

BOLLING: Commander in chief. 

PERINO: Here's the problem.


ROGINSKY: I don't think American people want to do that, they just don't.

BOLLING: So, but -- how about the --

PERINO: Ok. But you have to --

BOLLING: I'm sorry, go ahead.   PERINO: The leader of the free world, if we can still call the president of the United States that. The leader is supposed to say, I know you don't want to hear this. But I'm telling you this is what we have to do.


PERINO: Because the consequence of us is not acting our extra wide.

GUILFOYLE: Are great.

PERINO: The problem is they start with the conclusion. Their conclusion is we don't want to send troops back to Iraq. Their conclusion is we don't want a global war on terror. And then they work backwards, rather than saying we need to protect the country, here's our goal, here's strategy and here's how we're going to do this going forward.

GUILFOYLE: That's his job.

PERINO: It's going to be unpleasant, but it's a commitment that we have to make.

GUTFELD: But the bigger problem is when you watch this -- you watching this and you can't believe it's the United States.

GUILFOYLE: You can't.

GUTFELD: I know a waiter in an improper (ph) class that could pull this off better than her. I -- sit there and go how far has this country sunk? It really is like watching camp counselors putting on a Friday night, you know -- a play in front of the campfire, it's so --

GUILFOYLE: No, you're right. It's extremely (inaudible)

BOLLING: Let me get to this, let me get to this, K.G, stay right there.


BOLLING: The White House refuses to call the enemy Islamic terrorist and get this they won't call the beheaded Egyptians, Christians, in a statement it will only refer to them as citizens. Reactions to that from Tony Perkins in child's crime, listen.


TONY PERKINS, FAMILY RESEARCH COUNCIL PRESIDENT: Isis made very clear in this video that this was -- this was execution of people -- co-people of the cross. What we're seeing unfolding before us in the Middle East is genocide.

CHARLES KRAUTHAMMER, SYNDICATED COLUMNIST: We were in the administration that is truly pathological in its inability to actually state what's going on. When the pope who is not exactly a Christian militant, who isn't exactly a revanchist on -- you know, on behalf of Christ says that these people were killed because they were Christian and the administration says that the ones killed were Egyptian citizens, you got a serious problem.


BOLLING: Alright, they want us to do a quick round it, K.G.?

GUILFOYLE: Yeah. I mean listen, he's absolutely right. It is, it's pathological, they were refusal to judge, and might theirs scare of word, they're frightened and the person they choose to go out to somebody like Marie Harf. I mean, we're losing ground here, let alone in the Middle East. Why isn't there is some courage. I feel like I'm in the Wizard of Oz and the United States is now like, the cowardly line (ph) like, have some heart, have some courage.

BOLLING: Julie, can we tick off ISIS more, by calling them Islamic?

ROGINSKY: No. And here's the problem, you know for a very long time, I actually didn't want to further this as the Islamic terrorism because I didn't want to make this look like a holy war between Islam and Christianity or Islam in the west. Unfortunately --

BOLLING: Who's gonna get impact? 

ROGINSKY: Unfortunately -- not because everybody's got well -- billions of the world Muslims, don't want to agree to philosophy. However, I will say now that whether we want to do that or not, ISIS has made it's a holy war. They're going after these cops because they're Christians. And so for us to not, to pretend this is not a holy war, that's what they've made it, whether we like that or not, that's the concern.

BOLLING: Bring it around Dana. 

PERINO: I think we are -- we -- we constantly make a mistake and it's just maybe human nature, perhaps they are doing that with us as well. But just we are looking at their culture in society and trying to put it in our norms. That's not how he looks at it, and so -- I think that the language matters. That's why when the president at the prayer breakfast, when he made allegations to the crusades.


PERINO: If you look at Inspire Magazine which is the recruiting tool for Islamic terrorism, its right we've talked about the crusades. That was one of the things that was so mis-happen (ph) about that. When the president did that, it really spoke exactly to how they see us, rather than how we should see them.

BOLLING: Final thoughts.

GUTFELD: Isis is -- you can -- I understand ISIS. It's an apocalyptic mission. They know exactly what they're doing. But we have -- we're dealing with our own apocalyptic mission. And it is one that is built incompetence and cluelessness.  The end of times can come by our own stupidity. ISIS is growth. It's doing large to our anemic (ph) impending leadership.

BOLLING: We're going to have to leave it there, you guys. Next, we're going to go live for the White House where a three-day counterterrorist summit kicked off today. Islamic extremism is of course -- off limits. Ed Henry joins us, back in a minute.


PERINO: A summit to counter violence extremism got underway at the White House today. Vice President Biden, open a three-day conference calling for solutions beyond military force to combat terror.


JOE BIDEN, VICE PRESIDENT OF THE UNITED STTAES OF AMERICA: We all understand that in dealing with violent extremism that we need answers that go beyond a military answer. We have to work and we ground up and engage our communities and the -- and engaged those who might be susceptible to be radicalized because they are marginalized.


PERINO: For more on the summit, Chief White House Correspondent Ed Henry joins us. And I just want to let the couple of the breakout groups that are happening tomorrow, some of the title to them. One is, women and violence extremism, participation and prevention. Another is building understanding and cooperation across faith, and -- this is my favorite. Countering extremism and promoting positive narratives online. My question to you is this summit idea, maybe been brewing for a while but they announced it the aftermath of President Obama under a lot of criticism for not going to Paris for that anti-terror -- show unity.


PERINO: Unity march in Paris. Then I they tried to scramble to put this together. I'm not saying it's a good idea to have it but, do you think this is actually going to accomplish anything?

ED HENRY, CHIEF WHITE HOUSE CORRESPONDENT: I doubt it will accomplish very much. Because let's face it, when we had a preview conference call, you remember -- when you were a press secretary, the day before a big event you get officials on a telephone call and without using their names, they say here's the great things that are gonna happen. And when reporters last night were pressing them, what's gonna happen, they really couldn't come up with any deliverables, any results to help to get out of this. I think in fairness that, when you talk about this breakout sessions, yes, it's important to counter the narrative from terrorist, the new social media tools. It's important, I know Marie Harf is getting a lot of heat, you guys were talking that about that a moment. You can talk about it some more about using economic tools, to help poor people out of apiary (ph). You remember Dana, Former President George W. Bush is Marie Harf was tweeting today, a talked about pulling people out of poverty to help counter terror. The problem potentially for the White House though and for Marie Harf and other officials is that can't be the key part that's a part of the picture. But actually, fighting, beating, killing these terrorist is ultimately that's gonna help us win not necessarily some of these side issues.

PERINO: Alright, Greg.

GUTFELD: First I want to apologize to America for spitting on you in the previous block. I got so angry I spat on America.

GUILFOYLE: Well, on your lip.

GUTFELD: On my lower lip. Anyway, OK --

HENRY: Not on me, I'm OK.


GUTFELD: And you just wait till later. OK. A, there is gonna be no mention of Islamic terror at all. I'm assuming it this. That will be the terror that they're not speaks its name, unless you're a terrorist. Then you'll scream Allahu Akbar, but all we hear is extremist -- extremism. So -- I'm under that assumption that that's not gonna be brought up. So it's basically it's just another opportunity for pastries and gift bags on the taxpayer's dime.

HENRY: Yeah. One of the summits we've seen many times before, look. I did - - you know, they do have a language problem. And if you put aside this question that's been out there about Islamic extremism, why won't they call it out. What about the fact that over the weekend Josh Earnest put out that statement, I know you talked about it and wouldn't specifically say, that Christians were killed, 21 of them, the Egyptians, the (inaudible) Christians. And if you go back to last week, we checked the press release the White House put out after those three Muslim students were tragically killed at the University of North Carolina and they specifically said in the press release that nobody should be targeted because of their faith. We don't know all the facts of whether they were targeted specifically for their faith. There's been a report there was a fight over a parking dispute. It's all our law enforcement that should, that we don't have all the details on. But the White House through a statement from the president last week said nobody should be targeted over their faith, and yet when it came to 21 Christians being killed this past weekend, they didn't mention faith in that statement, they mentioned Egyptian citizen. And so I think these language -- you know, issues keep popping up for them and that might overshadow the summit a little as well.


BOLLING: I add some very quickly. Joe Biden read this as he opened the meeting. He urged that we quote engage those who might be susceptible to being radicalized because they're marginalized. How do you? How do you juxtapose that with at a very same moment that this was going out, we're sending 4,000 American troops to Kuwait that will very likely be the frontline, the first battle boots on the ground against ISIS. So we're playing around with what's cause, is the root cause of terrorism here at home when the reality is we have people trying to kill us and we're sending American -- young people into battle.

HENDRY: Well look, I think the White House would argue that they're trying all of the above. You heard Republicans talk about the energy strategy with all the above. You need more oil production, more national gas, you also need to conserve. Well, in this case they're saying, yes, the president orders air strikes and he's leaving the coalition over there. He's also got some American boots on the ground committed even though they don't want to talk about combat boots with their American boots on the ground, going over there to train the Iraqi military already there training them. But you also have to take care of it at home in terms of making sure you're taking action to help prevent people from self-radicalizing here. We saw that in Canada so tragically, just a couple of months ago.

PERINO: Kimberly?

GUILFOYLE: Hi Ed, thanks for being with us.

HENRY: Good to see you.

GUILFOYLE: Yeah, good to see you. So how can this administration and President Obama compare with ISIS in this ideology, this war force, they won't even use the actual words to describe. They will not -- of course the president is saying that he's like -- you know, a big city mayor combating crime. He doesn't want to tie it into Islamic extremism, yet there is -- in which were complete with evidence that this is in fact why they're targeting Christians, Jews, apostate (ph) anyone who opposes their believes. It's based on their Islamic believes, extremist, yes.

HENRY: Sure.

GUIFOYLE: But, we're not even on the same page then if we won't acknowledge that.

HENRY: Right. And I saw the attorney general call her to play the clip, but took a shot at Fox News today and said what would Fox talk about?


HENRY: Look, stick to the facts instead of attacks for all sides. Look at what Willie Farris (ph), one of our Middle East analysts who were saying yesterday, he saying look, I don't think this is just Jihad anymore. This is also genocide and saying that specifically.


HENRY: Christians and Jews are being targeted because of their faith by this Islamic extremist. And by the way, it's not just genocide against other groups they're killing fellow Muslims as well.

GUILFOYLE: Very, very true.

PERINO: Julie.

ROGIBNSKY: Hi Ed. So I -- you know, has anybody at entire some of it -- anybody said, that we were just talked about in A block, which is what it would really take to defeat ISIS, which is a tremendous commitment of both time and blood and treasure. Is anybody there talking about the reality or they are just about talking attitude (ph)?

HENRY: We -- well, to be honest. I mean one interesting piece of this is (inaudible) the state from did briefing today and we were pressing some reporters after, can you give us an idea who were the participants, what else is the rest of the agenda. He said we we're gonna get to you that later. I'll search my e-mail after this live shot. Here we are day one of the summit and we still don't know who all the participants are. So I can't, to be honest with you, answer how deep they're going to go into these issues. It raises questions about really, where we started. What are we they going to accomplish? If we don't know, besides the president, we know who will be speaking. Susan Rice will be speaking the next couple of days and the vice president spoke today. But who else is coming?

PERINO: Oh my God.

HENRY: How deep will they prove on these issues?

PERINO: But Ed, why would that be? I mean, how could you not -- they know whose going to be there. The thing starts tomorrow morning after show up at 7 a.m.

HENRY: Right. Here's the other thing Dana is that you pointed out at the top of this that look.

PERINO: Right. HENRY: This was largely in response of the president not going to Paris. That's true.

PERINO: Right.

HENRY: To sense that they kind of confirmed this finally said, we're doing it in February after that Paris -- after that Paris terror attacks and the incident around the rally. But, we should also say the talk of this went back to last fall. They were gonna have this and they got push back a couple of times. So even stranger, this has been in the planning stages for months.

GUILFOYLE: Willfully and unfair.

PERINO: It's still not specific to Islamic terrorism. I just don't get it, alright. Ed, thank you so much, I got to run.

HENRY: Thank you.

PERINO: I'm sorry. Catch you later. Coming up, the president finally (ph) said it was unconstitutional to issue executive action on immigration but then he did. Now a federal court has agreed with his original position. The legal show down is on and we're going to talk about what that means, next.


GUILFOYLE:  The Obama administration was dealt a major setback last night.  The president's executive action protecting five million illegals from deportation was supposed to take effect tomorrow.  But a federal judge in Texas temporarily blocked a plan giving 26 states time to pursue a lawsuit that aims to permanently halt it.  The Justice Department is appealing the ruling.

President Obama commented moments ago. 


BARACK OBAMA, PRESIDENT OF THE UNITED STATES:  This is not the first time where a lower court judge has blocked something or attempted to block something that ultimately was shown to be lawful.  And I'm confident that it is well within my authority and in the tradition of the executive branch's prosecutorial discretion to execute this policy, which will help us make our borders safer. 


GUILFOYLE:  OK.  So the president dealt a setback there by Judge Hanen, who has been an outspoken critic of the president's intent and specifics on immigration, saying that, in fact, the states are likely to succeed.  That's what he had to prove to grant the preliminary injunction.  And that, if he did not issue it, irreparable harm would result from it, due to the situation we had with immigration.  And specifically that the administration exacerbated this problem by failing to handle it and follow the law.  It gets more complicated than that, but let's take it around. 

Bolling, do you think this is exceeding the power of the authority or no?

BOLLING:  Well, if President Obama sits there and says they've looked into it and he thinks he has the authority to do so, he'll probably win the case. 

But what I hope happens is they buy some time.  Because there's something in that law that President Obama is suggesting that's very -- even more disturbing than allowing some sort of blanket amnesty to 5 million.  Of these 5 million illegals who will be here, if they've been here for a couple of years or so, they can get a tax I.D. number.  Now this is the new law. 

They can get a tax I.D. number.  They can file their taxes, owe no federal income tax for the whole period, and earn an earned income tax credit and not only get a credit on their taxes.  They will get a check sometimes.  That means all the money that we paid in taxes will go to illegals.  It's just an insane thing.  I think it slipped under the law, and I don't think anyone realizes what they did.  Hopefully, it will buy some time that they look into that and they will remove that little giveaway. 

GUILFOYLE:  The 5th Circuit in New Orleans is going to take this issue up.  But Greg, this effects immediately 270,000 adults who came here as children, have been in the United States working, et cetera.  So how do you frame the issue?

GUTFELD:  I think it's beautiful. 

GUILFOYLE:  You love it. 

GUTFELD:  This executive order was done under the purpose of fixing our broken system.  That's what they always say.  We're going to fix our broken system.  The logic is to fix the system, you have to smash it to pieces. 

It's like hiring a handyman to work on your garage door, and he says, "Done," because he removed it.  I know what happened.  Your garage door's gone.  Everything's fixed.

It's also part of the Alinsky playbook, which it's not what Obama does that -- it's the response to what he does which is characterized as evil.  So if you just want to have a process or some kind of order that gets immigrants into this country and respects the rights of lawful immigrants and not to minorities that are trying to get jobs.  If you believe in that, you're portrayed as evil, because you're against amnesty or young -- young children coming from central America, you are a rotten person.  It's purely Alinsky strategy, and it often works, because the media is into it. 

GUILFOYLE:  All right.  So Dana, they're saying -- he's saying that the administration exceeded the authority.  They went and did a runaround on Congress.  They did not have proper authority.  The president said that "We consulted the Department of Justice," Eric Holder, who said, "No, no, you can do it."  Even though he said on 20 separate occasions he didn't have the authority to do what he just did. 

PERINO:  So the president has said, "I'm not able to do this."  That's why they waited until after the election.  He does the executive order.  The problem with rushing these things, executive orders or legislation like Obamacare, is that it's sloppy.  You have sloppy legislation, that means that there's going to be long-drawn-out court battles.  They're facing one in Obamacare March 4.  It's going to come down to basically rushing language through that made it very unclear.  And so that's why you have all this uncertainty. 

GUILFOYLE:  It's a big deal.  We were talking on O'Reilly about it (ph).  Go ahead. 

ROGINSKY:  First of all, what's the playbook?  I don't get that. 


GUTFELD:  Somebody wearing red. 

ROGINSKY:  You know.  That's my secret.  It's my secret signal to all my Democrats out there. 

GUTFELD:  What is that anyway?

ROGINSKY:  It's Russian.  It's Russian. 

GUTFELD:  I knew it was.

ROGINSKY:  Don't tell anybody.  Don't tell anybody.  It's our secret. 

Look, it seems to me that there's precedent for this.  Reagan, I believe, did an executive order, part of what you would call amnesty, what I would call immigration reform.  So I'm not a lawyer but it seems to me that there's precedence for this legally.  I suspect it will probably go up all the way up to the court, Supreme Court, if I'm not mistaken.  But look, if this was done 20-30 years ago -- more than that, actually, at this point -- by Reagan and nobody batted an eyelash, I don't understand why everybody's getting all exercised now. 

Maybe because it's Barack Obama doing it now. 

GUTFELD:  It's because Obama couldn't run a stocking.  Nobody trusts him.



ROGINSKY:  Does it matter?

BOLLING:  I don't know.  Maybe it does matter.

GUILFOYLE:  Maybe because it says that the president must faithfully execute the laws of the Constitution, so this would be a no-no. 

Next, one Ivy League student's controversial fight to kick the ROTC off his campus.  Stay tuned.

GUTFELD:  Ivy League?  More like...


GUTFELD:  A student -- I'm going to start over.  A student at Brown University wants the ROTC banned, calling it state-sanctioned violence and its cadets criminals. 

Last week Brown partnered with the Navy and Air Force ROTC, prompting junior Peter Makhlouf -- or Maklauf (ph), who cares -- to vomit this in his school paper, quote, "By outlawing our ROTC, we have the opportunity to maintain a tradition of refusing to capitulate to the increasing demands of military engagement in today's global agenda."  What a joke.  And what language.  That lock-step cult speak that marks an all-brain-free rhetoric that's often passed on like a pox from its petulant professors.  He could be a White House spokesperson. 

Now, this is just one brat, but it would be fun to see such kids experience life without an American military.  No cozy dorms, no iPods, just them and ISIS.  The only selfie stick would be their own head on a stake. 

But this little hack represents the vapid ideology that lets evil grow.  It's an anti-west movement that gives tenure to terrorists while condemning those who protect them.

Dismiss it if you must, but given that campus-approved progressivism offers a zip-line from school to statecraft, it's just a leap from the paper to the presidency.  Seriously, how else did we end up with so many lightweights in the White House?  Lightweights who stand between us and the heathens.  This kid, after all, is just a chip off the old Barack. 

PERINO:  That was a good one.

GUTFELD:  That's a good one.

GUILFOYLE:  That was a good one.

GUTFELD:  That's a good one.  Well, you know what, Dana?  Ivy League, more like poison Ivy League, if you ask me. 

BASH:  I thought you gave me that joke to use. 


BASH:  Well, it's a very good joke, and I'm proud that you remembered it. 

Everybody that is going to an Ivy League school is then going to graduate and get to work in a sector where they make a lot of money and get protected by the very military that they disdain. 

GUTFELD:  That's so true.  Without them, they wouldn't have all these opportunities, Eric.  It's endemic (ph) when people on campus have no idea how the world works off campus. 

BOLLING:  And you know what else that military is going to do?  They're going to protect their First Amendment right to say stupid crap like that.  Peter Makhlouf...

PERINO:  Whatever.

BOLLING:  ... thank the military.  And if it wasn't for them, you might be writing that in Arabic, but maybe you already know how to do that. 

GUTFELD:  What does that mean?

GUILFOYLE:  That was sinister in some ways. 



GUTFELD:  Here's the thing, Julie.  The value of having an ROTC is to bridge the guide between the civil and the military communities.  What's wrong with that?

ROGINSKY:  So let me just say this.  I did want to go to Brown, but I went to an Eric Clapton concert the night before the SATs, yada, yada, yada.  I did not get into Brown.  So I'm down on Brown; I'm down on this guy.  Listen, the reason this guy...

GUILFOYLE:  Pile it on. 

ROGINSKY:  ... have the right to say this is because of ROTC, the military.  Come on, dude.  You know what?  You don't want to join the military?  Nobody's asking you to.  But let other people do that if they want, even on campus. 

GUILFOYLE:  OK.  Well, the problem is we need to bring back the draft.  You see that, right?  We only have 1-2 percent of people faithfully serving the country.  And those people that do are ready to get an education and jobs, because they have fought for it.  They have skin in the game.  They understand that they appreciate what people have fought for in generations before them.  They respect it.

Instead, you have people here spoiled.  The spoiled country now, that's what we have.  Students like this guy at Brown who are just like, "What can you do for me?  I'm very special.  Therefore, I'm going to sit there and impress my girlfriend and try and look cool and devoid of any, like, reality and exercise my free speech, like Dana says, at the expense of other people giving their lives to support it." 

GUTFELD:  I think -- I think that this kid wants to have a separation so he can continue to stereotype the military.  Because once you know these people, you can't stereotype or smear them.  That's the beauty of humanity.  When you meet people, you realize...


GUTFELD:  (UNINTELLIGIBLE), but he doesn't want that. 

ROGINSKY:  I'm going to say this, but I say this as a liberal.  Some of the best, smartest, brightest people I know are in the military, and it's a shame.  There's no excuse to be down on the military.  Again, nobody's telling him to join. 

Kimberly, you're right.  If we had a draft, this wouldn't be an issue.

GUILFOYLE:  I'm telling you.

ROGINSKY:  This wouldn't be an issue.  I hope we don't have a draft, but... 

BOLLING:  You can't.  It would be filled with liberals.

GUILFOYLE:  You never know.  There are plenty of countries where one of the obligations is the service.  You do community service or you can join the military, whatever.  That's -- I'm all for it. 

GUTFELD:  As a man in his late 30s, I'm for the draft. 

GUILFOYLE:  Late 30s?

GUTFELD:  When I was 18, I was against it.  Boy was I against the draft.  But now that I'm older, I can see the value of a draft.  Does that make me a hypocrite?  Yes.

GUILFOYLE:  Believe me.  You have, like, six exemptions.

BOLLING:  You've evolved.

GUTFELD:  I've evolved. 

GUILFOYLE:  You wouldn't qualify. 

GUTFELD:  I've evolved, and I've aged.

PERINO:  Unicorn obsession.  And...

GUTFELD:  All right.  I don't like you. 

If you had a chance to go to Mars, would you sign up if you knew that you could never come back?  I would. 

PERINO:  No.  You wouldn't.


PERINO:  No way. 


ROGINSKY:  Would you take a trip to Mars even if you knew it was a one-way mission?  No way.  A Dutch nonprofit group is trying to make that a possibility starting in 2024. 

More than 200,000 applied to go on a mission to the red planet.  The top 100 candidates were just announced.  If they go, they'll likely never make it back. 

Kimberly, is there anything on God's earth that would allow you to get on a -- to get on something tomorrow and never come back?

GUILFOYLE:  I'm going to send the guys from ISIS and tell them there's lots of good jobs on Mars.  If they just get on this.  And it will be perfect.

GUTFELD:  Seventy-two virgins.

GUILFOYLE:  Seventy-two virgins and lots of jobs.

I wouldn't do it. 

ROGINSKY:  What about you?  How fast are you signing up for this?

GUTFELD:  You know how many guys are going to tell women they're going to Mars to get out of a relationship?  Or when you're at a bar, and you tell somebody that, "You know what?  You may never see me again.  I'm going on a -- pretty much of a suicide mission.  I may come back, but you know, I could show you my spacesuit back in my condo." 

ROGINSKY:  Dana, how sad does your life have to be if you would rather commit a suicide mission to Mars than stay here and try to get a girlfriend like Greg was talking about?

PERINO:  I don't like this at all.  I feel like it is being very reckless with the gift of life.  And it's like the people that are the daredevils that, like, walk from one skyscraper to the other on the tight rope. 

GUTFELD:  I guess Lewis and Clark were a bunch of cowards. 

PERINO:  That wasn't a suicide mission. 

GUTFELD:  Yes, it was. 

PERINO:  It wasn't a suicide mission.

GUTFELD:  It was.

PERINO:  They all came back. 

GUTFELD:  Oh, by chance.  They didn't expect to. 

PERINO:  You know you're not coming back if you go on this thing.  I think it's a bad idea. 

ROGINSKY:  Eric, are you bummed you're not one of the 100?

BOLLING:  No, no.  I would never, because I love Earth.  I love life. 

ROGINSKY:  I love Earth.  I love Earth!

BOLLING:  The people who signed up are scientists.  They are literally say that they're doing it in the name of science.  They realize they're not coming back. 

PERINO:  Why?  What is the contribution to science?

GUTFELD:  What are you talking about?

PERINO:  Go up there and die?

GUTFELD:  Yes, because somebody's got to do it first. 

PERINO:  Why does anybody have to do that?

GUTFELD:  Because somebody had to give birth first.  Imagine how scary that was. 

PERINO:  That's the gift of life. 

GUTFELD:  Somebody had to drink milk for first time.  Somebody had to go under a cow and drink that milk. 

BOLLING:  "How is it?"  "Not bad." 

GUTFELD:  We're dating. 


ROGINSKY:  All righty.  "One More Thing"...

GUTFELD:  I'm sorry.

ROGINSKY:  ... is up next. 


BOLLING:  All right.  It's time for "One More Thing."  Check it out.  This happened today.  Check out that picture that -- of Vice President Joe Biden with a very interesting hand and lean into Ash Carter, the new defense secretary's, wife. 

And then this also happened today.  Listen to Joe Biden discuss violent extremism. 


JOE BIDEN, VICE PRESIDENT OF THE UNITED STATES:  It's a large, very identifiable Somali community.  I might add, if you ever come to the train station with me, you'll notice that I have great relations with them, because there's an awful lot of them driving cabs. 


BOLLING:  A lot of Somalians driving cabs.  We can check off Somalia off our -- for the war on terror.

GUILFOYLE:  Hash tag #2016. 

BOLLING:  Who's next?  Julie.

ROGINSKY:  So on the buzzkill segment right now, today is Mardi Gras, which means I'm supposed to tell you that everybody should be safe.  Don't go under any cows, like our friend Greg Gutfeld just recommended.  Do not do anything to get some extra beads if you're in New Orleans.  Stay safe.  Do not drink and drive and have a great Lent if you are observing. 

BOLLING:  That's right.  It kicks off tomorrow. 


PERINO:  OK.  So this happened on C-SPAN the other night.  Take a look at this.  On February 13, Congressman Andy Harris -- he's a Republican from Maryland -- he sits there behind his colleague, and several times he winks into the camera.  And for those of you watching C-SPAN, you might have been thinking, "What in the world is he doing?"  Well, it was revealed he was winking at a certain lady, but it was his mom, who loves to watch him on C- SPAN.  I think that's kind of cute. 

GUILFOYLE:  That's very cute. 

BOLLING:  Went with the old mom excuse, did you/ 

All right, K.G.  You're up next.

GUTFELD:  He's a spy.  He was just telling ISIS something.  Come on, America. 

ROGINSKY:  Out of the Alinsky playbook.  Right there.

GUTFELD:  Exactly.

ROGINSKY:  Right there.

GUILFOYLE:  I want to wish a very special happy birthday to a great friend of "The Five" and a friend of mine, Melanie Luttrell.  She is the wife of Marcus Luttrell.  Her birthday's today.  And you know what she's doing on her birthday?  She is giving support to Taya Kyle, the widow of Chris Kyle.  And that's very difficult testimony, especially during the trial.  So we want to wish you happy birthday, Melanie.  Marcus wishes that he could be with you.  Happy birthday from "The Five". 

PERINO:  Happy birthday, Melanie. 

GUTFELD:  Happy birthday.

BOLLING:  Happy birthday, Melanie.

ROGINSKY:  Happy birthday.

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

GUTFELD:  Yes, well, you know this thing that I do sometimes. 


GUTFELD:  I hate these people!


GUTFELD:  I hate that graphic. 

You know, there's this cat that is just a jerk.  And there are these people that are trying -- its owner is saying stop knocking things off the table, as you can see here.  The cat knocks off that thing, and then the lady is saying, "Hey, please stop."  And you know what?  He says, "You know what?  I'm going to knock that off, too."  He's knocking stuff off. 


GUTFELD:  Yes, he doesn't like that. 

GUILFOYLE:  What language is that?

GUTFELD:  I have no idea.  But why do I hate these people?  Can you please, please, when you're recording stuff, do it horizontally.  That's all I'm asking.  It's more entertaining that way.  Just do it like this. 

BOLLING:  Fluffy McGuirk?

GUTFELD:  No.  Fluffy McNutter. 

BOLLING:  Right. 

GUTFELD:  McGuirk was hit by a truck.

ROGINSKY:  Are you guys really showing cute cat videos?  You've sunk this low that you're showing cute cat videos now?

GUTFELD:  No, we've sunk this low that you're here.

ROGINSKY:  I know, I know.  I mean, that's like, wow. 


PERINO:  All right.  We'll see you next time. 

BOLLING:  I have to leave it right there.  "Special Report" is coming up next... 

GUTFELD:  How dare you?

BOLLING:  ... in ten, nine...

GUILFOYLE:  ... eight, seven, six, five...

Content and Programming Copyright 2015 Fox News Network, LLC. ALL RIGHTS RESERVED. Copyright 2015 Roll Call, Inc. All materials herein are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of Roll Call. You may not alter or remove any trademark, copyright or other notice from copies of the content.